Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 October 2014), May 1741 (17410514).

Old Bailey Proceedings, 14th May 1741.

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

THURSDAY the 14th, FRIDAY the 15th, and SATURDAY the 16th of May.

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

NUMBER V. for the YEAR 1741.

BEING THE Second SESSIONS in the MAYORALTY OF THE

Right Honble Daniel Lambert Esq;

LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed and Sold by J. ROBERTS in Warwick Lane. M.DCC.XLI.

[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 DANIEL LAMBERT , Esq; Lord-Mayor of the City of London; Mr. JUSTICE CHAPPLE, Mr. Baron REYNOLDS, Mr. Serjeant URLIN, Deputy-Recorder, and others his Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

Thomas Masseter ,

Samuel Cleaver ,

James Wagstaff ,

Godfrey Springhall ,

William Clay ,

Charles Pomeroy ,

John Price ,

William Pershouse ,

Benjamin Okell ,

Thomas Farrow ,

David Kriton ,

Robert Green.

Middlesex Jury.

* Allen Evans,

* Mr. Evans being taken ill, John Johnson was sworn on Friday and Saturday.

Jacob Labatt ,

Benjamin Ingram ,

Francis How ,

Charles Carlton ,

Samuel Bowler ,

John Price ,

Samuel Veer ,

Roger Williams ,

John Wood ,

John Jerquel ,

Samuel Line .

1. Sarah Jacobs of St. Botolph Bishopsgate , was indicted for stealing a large Silver Spoon, val. 8 s. 4 Silver Tea Spoons , value 4 s. a pair of Silver Tea Tongs, val. 3 s. 2 Linen Shirts, val. 3 s. a Cloth Waistcoat, val. 10 s. a Cloth Coat, val. 5. s. a Cotton Counterpane , val. 5 s. a Gold Ring set with a Garnet Stone and 4 small Diamond Sparks , val. 20 s. the Goods of Isaac Mather ; 2 Linen Shirts, val. 2 s. the Goods of John Unwin ; and a Linen Shirt, val 1 s. the Goods of Jeremiah Mather in the Dwelling-House of Isaac Mather , May 2 .

Isaac Mather . The Prisoner was my Servant . and having lost several Things, I suspected that she conveyed them out of my House, and taxed her with it; upon which she acknowledged the taking as many of the Goods as she could recollect at that Time, and carried us to Mrs. Messenger's in Hounsditch , where she had pawned them.

Q. When she was charged with taking these Things, what did she say in Excuse of herself?

Mr. Mather. I asked her what Reason she had to rob me, and she said she was in Debt, and was apprehensive of being arrested; that she had an Uncle of whom she expected some Money, and then she intended to redeem them.

John Unwin . The Prisoner was the Prosecutor's Servant, and I lodge in the same House. On the 2d of May I went with the Prisoner to the Pawnbrokers, and found some of these Things; and on looking over my Linen I missed 2 Shirts, which I afterwards found in the Custody of the Constable .

Edward Mears . Mr. Mather gave me Charge of the Prisoner , and I went with her to the Pawnbroker's in Hounsditch , and fetched these Things.

C Did she attempt to excuse herself?

Mears. She said before the Justice, she was straiten'd for Money, and was afraid of coming into Trouble.

Prisoner. I was very much in Debt, and did intend to redeem them again. Guilty 39 s.

[Transportation. See summary.]

2 Thomas Burges , was indicted for stealing a 9 Gallon Cask filled with small Beer, val. 5 s. the Goods of David Humphries , April 11 . Guilty 10 d.

[Transportation. See summary.]

3. Josiah Dard of St. Dunstan in the West , was indicted for assaulting John Wall with a certain Stick, in a certain Yard, or open Place called Bell-Yard , being the King's High-way; putting him in Fear &c. and in a forcible and violent Manner demanding his Money, with Intent the same to steal &c. April 12 .

John Wall. On Saturday the 11th of April, I had Business which called me out into the City to several Places, where I staid 'till between one and two o'Clock in the Morning, and as I was going past the end of Salisbury-Court in Fleet-street , in my way Home, I met 3 Persons who seemed to stand in a Conference together: I passed them, and when I came to Fetter-Lane, I found myself by them again, and presently the Prisoner was even with me. I turn'd up Bell-Yard as my nearest way Home; the Prisoner followed me, and we went together 'till we came very near the Top of the Yard; then he catched hold of my Coat with one Hand, and with the other he pulled a short Stick out of his Bosom, and with Imprecations demanded my Money. Immediately he fell on me with his Stick and repeated his Blows so fast on me, that if he had not held me up by my Coat, I must have fallen to the Ground. Upon this I cryed out Watch! but none being near , I seized him myself and then he cried out a Sodomite, but some People coming to my Assistance, we were both secured and sent to Prison together.

John Tenant . I am a Watchman in St. Clement's Parish, and hearing Watch called several Times, I turned out of great Sheer Lane to see what was the the Matter , and then I saw much such a Man as the Prisoner lying over the Prosecutor with a short Stick: I asked him why he did so, and the Man said the Prosecutor was a Sodomite, and still kept beating him with his Stick, and in a few Minutes the Stick was found on the Ground. Upon this I laid hold of the Man, and when he found that I was going to take him away, he charged me with the Prosecutor, and I delivered them both to a Watch-man belonging to the Roll's Liberty and went back to my Stand.

Prisoner . Did the Prosecutor at that Time say that I attempted to rob him ?

Tenant. No, he desired the Prisoner might be stopped, but I heard nothing of a Robbery.

DEFENCE .

Prisoner . I had been drinking in the Stand, and turned up Bell Yard in order to go Home: this Man met me, and we jostled together ; upon which he pulled out a Stick and knocked me down several Times, and the Constable coming up, asked me what I had lost ? I told him my Wig, and insisted on Satisfaction for it, but he would not give me any, and so we were both committed to Prison together. He knocked me down several Times, and I am sure he is put upon this Prosecution for the Sake of the Reward*.

* There is no Reward at all in Cases of this Nature.

Tenant . The Prisoner did not say that the Prosecutor had struck him, neither did he charge him with his Wig.

Mary Collins . I have known the Prisoner several Years, and never heard any Thing unhandsom of him in my Life. His Father is a Picture Frame maker, and he has follow'd that Business 'till this Time.

William Drawwater . I have known him a great many Years, and never heard an ill Character of him in my Life.

Hugh Latham . I have known him several Years, and never heard any Ill of him in my Life.

Will. Rogers. I live within 3 or 4 Doors of him, and never heard any Harm of him.

Thomas Simpson . I have been in Company with him and his Father, and never heard any Thing amiss of him .

Thomas Arrowsmith . I have known him from a Child , and never heard but that he behaved himself with a great deal of Honesty.

Robert Ward . I am his Father, and have intrusted him to deal for me, and he has always brought me my Money honestly. Acquitted .

4. Elizabeth (the wife of Arthur) Roberts , was indicted for assaulting Cassandra Graham on the King's Highway, putting her in Fear, and taking from her a Stuff-petticoat , value 2 s. the Goods of the said Cassandra, April 12 .

Cassandra Graham was called, but was of so tender an Age, that it was not thought proper she should be sworn.

Margaret Adams . Last Tuesday was three Weeks, the Child came into my Yard, and said, that a Woman who was running up the Road had robbed her. We pursued her, and she mended her pace, and ran half way up the Road, till she came to a green Meadow which is paled in, and then I saw her throw something over the pals. I did not stay to see what it was, but continued the pursuit, and just as she got to the Turnpike which leads to Pimlico, she was taken .

Mary Edmonds . I was in the same Yard, when the Child came in crying, and said she was robbed. We all ran out, and saw that there was no person in the Road but the Prisoner, and I saw that the thing which she flung into the Meadow was green. We did not stay to take it up, but I laid hold of the Prisoner, and carried her into a House, and soon afterwards the Child's Coat was brought in, and I believe it to be the very same which I saw the Prisoner throw out of her Hand .

Jury . Have you ever seen the Child wear that Coat?

Edmonds . Yes, several Times, and she was without it when she came into the Yard.

Jury . Do you believe that was the Thing which the Prisoner threw from her?

Edmonds . Yes, I am sure it is the Child's petticoat, and I saw it taken out of the Meadow by a little Boy.

Thomas Hopkins . I was Constable. The Child's Uncle brought the Prisoner and this petticoat to me, about half an Hour after she was taken, and I carried her before a Justice.

Richard Wilkinson. I know the petticoat to be the Girl's, and am certain she had it on when she went out of my House, about a Quarter of an Hour before this happened.

Prisoner. I did not take the Coat, but pick'd it up, as I was going along; and when the Mob rose upon me, I threw it away. Guilty Felony.

[Transportation. See summary.]

5. Vincent Sunmonds , of St. Ann's Westminster , was indicted for stealing 4 Yards of Callimanco, value 5 s. and 20 pieces of Leather, value 10 s. the goods of William Dean , April 24 .

Mr. Dean. The Prisoner was my servant . On the 24th of April, we were together in my Shop, and he went up Stairs with some Goods to a Warehouse, which I have, and while he was there, I had occasion to go up after him. When I got into the Room, he seem'd to be in a great Flutter, and would not stand upright; however I pulled him upright, and then this Callimanco drop'd from his Clothes: I said, you Villain, have you robbed me? and he did not speak a Word; so I brought him down into the Shop, and asked him, why he gave himself up to such practices ? and desired him to inform me, if he had robbed me of any Thing else, and how he had disposed of it. As to the Callimanco, he said, he took that to give away to somebody, but he would not tell me who that somebody was. I then asked him, if he had taken any thing else, and he said; if he informed me, perhaps he should not be used the better for it. I kept him some time in my Shop, and then carried him before a Magistrate, and when we were there, we thought it might be proper to search his Lodgings; but he declared he had nothing there of mine: We were not willing to take his Word, so I and the Constable searched his Lodgings, and found these pieces of Leather, some of which I can swear to be mine. I asked the Prisoner, if these were not mine? and he said, they did not all belong to me, for he had bought some of a Leather-cutter in Maiden-lan ; but that Leather-cutter being sent for, said, the Prisoner had bought of him some Time ago, but that none of those peices were ever his.

Prisoner. My Master sent me up into the Warehouse, and the Stick fell out of this Callimanco, and I took it in order to roll it up again, and he came up and said I had an Intent to rob him. As to the Leather, I had it by me, and worked for my own Customers before I lived with him.

Mary Rawlins . I have known the Prisoner ever since he was born, and never heard any body say, that he was guilty of the least Indiscretion or Injustice.

Susannah Morcan . I have known him ever since he was three or four Years old, and never knew him guilty of any Thing in Life.

John Mascal . I have known him from his Infancy , and never knew him to be guilty of any Thing 'till this unhappy Affair .

Nathaniel Porter . I have known him about six Years; he lodged with me a Year and half, and I always found him honest.

Mark Catesby . I have known him eight Years; he has been my Bed-fellow these twelve Months, and I never saw any Ill of him in my Life.

William Rawlins . He served his Time with a Relation of mine, and bore a very good Character; and I can hardly think he would be guilty of a Fact of this Nature. Guilty, 4 s. 6 d.

[Branding. See summary.]

6. William Sykes , was indicted for stealing a Drab-Coat, value 10 s. and a German Serge Coat, value 10 s. the Goods of John Heart , April 13 . Guilty .

[Transportation. See summary.]

7. Elizabeth Bennet , of St. James Westminster , was indicted, for that she, on the 13th Day of April , being big with a certain female Child, afterwards, the said Child, by the Providence of God, alone and secretly she did bring forth alive; which said female Child, by the Laws of this Realm, was a Bastard; and that she, not having God before her Eyes, &c. as soon as born, on the said female Child, so alive, &c. did make an Assault, and then and there did take the said female Child, in both her Hands, and the said Child into a certain privy, belonging to Richard Lucas , &c. did cast and throw; by reason of which casting and throwing, the said Child was choaked and suffocated ; of which choaking and suffocating , it instantly died .

She was a second time charged, by virtue of the Coroner's Inquisition, for the said Murder.

Elizabeth Lucas . On the 13th of April, between 8 and 9 in the Morning, the Prisoner came into my House, and said, she was very ill of the Colick, and wanted to go backwards. She sat some time in the Room, seemingly very uneasy, and then went backwards. She came in again presently, and walked about the Room, complaining that she was very ill, and said, if I had a Room and a Bed to spare, she would go to Bed; so I desired my Husband to ask our Lodger to resign her Room, but she would not. After this, the Prisoner walked about the Room some Time, and then went backwards a second time; and she staying longer than I expected, I followed her, and perceived that the Necessary-house had been washed: I asked her the reason of it, and she said, her Nose had bled. As to the Child, I saw nothing of it. The Prisoner lodged with me before this, and I took her for a single person, and a very sober good Woman .

Prisoner. What Distance of Time was there, from my going to the Little-house, and your coming to me?

Mrs. Lucas. I really believe it was about two Minutes.

Prisoner. Did I seem to be in any pain when I returned the second time.

Mrs. Lucas. My Fright was so great, I can't tell.

C. Did you ask her if she had made any provision for the Child?

Mrs. Lucas . She said she had wrote to her Mother for some things .

Richard Lucas . My Wife called me to see if the Person who lodges in our House would resign her Room, that the Prisoner might have it, but she would not; and at my Return , my Wife said to me, I hope Betty is not with Child. I then went into the Kitchen , and saw the Prisoner washing her Hands at the Water-tub, and the Bottom of her Apron was very bloody. I informed my Wife of this, and she said, she hoped there was nothing in the Vault, so I got a Candle and looked into it, and saw something which I took at first to be a piece of Cloth. I got Mrs. Watlin to come and see it, and I got a pair of Tongs, and turned it about, and then the Child's Leg appeared . Upon this I went out to get Assistance, and locked the Door to prevent the Prisoner's escaping, and before I returned the Child was taken out of the Vault, and was dead.

C. Can you form any Judgment by the Growth of the Child?

Lucas . To my Thoughts, it seemed to be at its full Growth, for it had Hair and Nails. - I observed no Marks on it at all.

Ann Davis . I was going by Mr. Lucas's Door, and was desired to go in. I went into Mrs. Lucas's Room, and she said the Prisoner was gone backwards, and staid a little longer than ordinary; upon which I went to see what she was doing, and met her in the passage, opening the Door. I gave her Room to go by, and she went into the parlour and sat down, and seemed to be mighty bad. Mrs. Lucas said to her, '' I fear, Betty, thou hast '' been delivered of a Child.'' The Prisoner denied she had been delivered; so Mrs. Lucas desired me to go backwards and see. Mr. Lucas gave me a Candle, and on looking down the Vault I perceived a new-born Infant. I informed Mrs. Lucas what I had seen, and endeavoured to get the Child up; and, with the Assistance of another, I did get it up; but it was dead. I believe it was at its full Growth, for there were Nails on its Hands, and Hair on its Head . The Child was not covered over with the Soil; it lay on its Face, leaning rather to the left Side; and the Face was in the Soil.

C. Was there any thing about it?

Davis. Nothing at all; it was quite naked, as it was born.

Prisoner. Do you think it possible for a Child to be born casually from a Woman under these Circumstances?

Davis. I have heard of such things, but I never knew it.

Ann Watlin . Mr. Lucas came to me, and asked me to lend him a Candle; I did so, and he went up Stairs directly. He came down again presently, and desired me to go backwards with him, and look down the Vault: I did so, and he asked me, what I thought it was; I said, I believed it was paper; upon that he fetch'd a pair of Tongs and rapped it; it founded hard, and on his turning it about, a Leg or an Arm appeared. He strove to get it up, but could not, and he desired me to go into the Room to the Prisoner; I did so, and asked her what she had done? and told her, she had had a Child; but she said, it was no such thing. I saw the Child afterwards, and there were no Marks of Violence at all upon it.

Prisoner. Do you think it possible for Nature to do this?

Watlin. I am no competent Judge of that. God is sufficient at all times to help poor Creatures ; but I can't say I ever had any Trial of it.

Prisoner. Had you any Conversation with me about making provision for the Child?

Watlin. No, I never heard her say any thing about that.

Jane Ramsey . I went to see a Cousin of mine, who lodges at Lucas's, and saw Mrs. Lucas, the Prisoner, and another Woman with a Child in her Arms, in the Room. The Woman said, she believed the Prisoner had been delivered; and I saw the Child in a Pail, covered with an Apron. I asked the Prisoner if she had made any provision for it; and she said she had sent into the Country for some things.

DEFENCE.

Prisoner. I asked for a Lodging, and they said they had none - I had the Colick, and the Child came from me - I did not know I was so near my Time.

Henry Tailor . The Prisoner sent for me when she was at the Gate house, and said, there were several things in her Box: she sent the Key to the House keeper where she lived, and I was present at the opening the Box, and these things were found in it.

A Witness. Here is every thing that is proper for a young Infant, and a great many poor Women have not so many.

Mary Chambers . I carried the Key to Mr. Winnington's House-keeper, and saw the Box opened, and these things taken out. The Prisoner delivered the Key to me, to fetch some things out of her Box, for her necessary Uses, and said, she had sent into the Country for some Child bed linen.

Prisoner. Do you think it is not possible for a Child to be born in this manner, without the Mother's being able to perceive it?

Chambers . I believe it is, but I never knew an Instance of it.

Q. to Mrs. Lucas . Did the Prisoner say any thing to you, that there was any Child bed-linen in her Box?

Lucas. She said she had sent into the Country to her Mother; - she sat in a very dull way, and said but little to any body.

Prisoner. I had the things in my Box, but I was not sensible of telling it .

Ann Lloyd . On the Thursday after the Prisoner was at the Gate-house, I asked her if she had made any preparation for the Child; and she said, there were some things in her Box, which would be found when that was opened. The Jury found the Prisoner guilty , Death .

8. Edward Weedon , was indicted for stealing 8 pounds of Sugar, value 2 s. the Goods of Rowland Fry and Samuel Fry , May 11 .

Thomas Miles . I am a Porter at Bear-key, and was going up Stairs into the common Warehouse, and met the Prisoner coming down: I asked him what he did there; and he said, he had only been to take a little Sugar. I got hold of him, and found a Bag full under his Coat, and his pockets full besides .

Prisoner. I was going by, and heard them cry, Who will work? and when I came there, they wanted no body; and I pick'd up this Sugar off the Boards, lying loose. Guilty 10 d.

[Transportation. See summary.]

9. Stephen Thompson , was indicted for stealing 2 pieces of Canvas, value 1 s. 6 d. and 2 pieces of Bays , value 5 s. 6 d. the Goods of John Upsdale and Elizabeth Kelloway , May 11 . Guilty .

[Transportation. See summary.]

10. Ross Fox , of St. Dunstan in the West , Gent. was indicted, for that he, on the 21st Day of June, in the 11th Year of his present Majesty , feloniously did steal, in the house of Robert Blackwell , one Bond, commonly called an East-India Bond, No 12000, bearing Date, November 1, 1736, sealed with the common Seal of the united Company of Merchants trading to the East-Indies; by which Bond the said Company acknowledged to have received of William Webb the Sum of 50 l. which the said Company promised to repay to the said William Webb , his Executors, Administrators or Assigns, by Indorsement thereon, with Interest for the same, from the 31st of March then next, after the Rate of 3 per Cent. per Annum , on 6 Months Notice to be given by the said Company in the London Gazette, or 6 Months Notice to be given by the said Webb, to the said Company's Accomptant; for the true Payment whereof, the said Company and their Successors did bind themselves for the Payment of 100 l. &c. which said Bond was indorsed by the said William Webb , under his Hand, and the said Bond at the Commission of this Felony was of the Value of 50 l. and the property of John Woodward and others; the said sum of 50 l. being then due and unsatisfy'd , &c. against the Form of the Statute, &c.

There not being sufficient Evidence to prove the property, the Prisoner was acquitted .

11. * John Lupton of St. Andrew Holbourn , was indicted (with Alexander Flack not taken) for stealing a Silver handled Cup, value 3 l. and a Silver Spoon, val. 10 s. the Goods of William Zachary in his Dwelling-house ; Feb 26 .

* The Prisoner was tried last Sessions on 2 Indictments for Burglaries.

John Lowther . About 10 Weeks ago, the Prisoner and I and Alexander Flack went out with an Intent to go a-thieving. We went to Mr. Zachary's House in Fisher's Court, Red-Lion Street , between 8 and 9 at Night, and took out of the Beauset in his parlour, a Silver Cup and a Spoon. I was in my Shirt, and ran with them to Jervis Trueman 's at Fleet-Ditch, and asked him if he could purchase them; he said he could not, but would help us to one that would, and we sold them to one Tom Cummins at Fleet-Ditch for 35 s. and gave Trueman eighteen pence for his Trouble. We all 3 looked into Mr. Zachary's House, and they said the Chance was haddy and only 2 Children were in the Room, so they staid without to tip me Peter, and I went in and took the Goods.

Prisoner. Did not Trueman come to you and desired you to swear against me?

Lowther. No, he never did.

Prisoner. Why did not you come against me when I was here before?

Lowther. Because I was afraid of being taken.

Jane Zachary . On the 26th of February between 7 and 8 o'Clock, I was out for 7 or 8 Minutes, and when I came Home, my Child told me, a Man had run away with the Cup. Guilty 39 s.

He was a 2d Time indicted (with Alexander Flack not taken ) for breaking and entering the Dwelling-House of Matth.ew Wheeler about 9 at Night, and stealing a Silver two handled Cup, val. 4 l. a Silver Mug, a silver Spoon, a silver Pepper-box, and a silver Punch-ladle , the Goods of the said Wheeler ; March 29 .

Matthew Wheeler . On Easter Sunday last I went out of my House about 6 in the Evening, and returned at 8. I went down into the Kitchen to Supper, and after Supper my Wife and Daughter went up Stairs into the Parlour to set some Tea Things away, and they had no sooner opened the Door but they both made an Outcry: I started out of my Chair, and my Daughter met me in the Entry and said I was robbed. I went into the parlour, and found the outside Window Shutters open, the Sash lifted quite up, and the Blind laid on a Bureau which stands near the Window. Upon this I searched the Beauset and missed a Winchester Quart two handled Cup, a Winchester pint Mug, a pepper-box, a large Spoon and a Punch Laddle, all which I am certain were safe at 4 o'Clock that Afternoon. When I came Home at 8 o'Clock that Evening the Window Shutters were pulled to, but not fastened and the Blinds were bolted, and when I went into the Room they were wide open, and a silver Spoon lay on the Floor. On the Sunday after this happened I advertis'd what I had lost, with a Reward of four Guineas for any Person who should inform me of them , and on the Monday Morning about 11 o'Clock, a Woman brought me a Letter from Newgate, the Contents of which were, if I would come there, I should be put in a Way to get my Goods again: I took a Friend with me and went to Newgate and the Prisoner was brought to me as the Author of that Letter. When he saw me he fell into a sort of a whining Cry, and on his Knees desired I would admit him an Evidence, and he would declare the whole: whereof I took Pen, Ink and paper and took his Confession, but it did not answer to what I have found out since. He confessed that himself, Flack and Lowther, were concerned together; that Flack went into the Room, Lowther stood at the Window, and himself stood Peter; I suppose he meant that he stood to watch. He told me that he lighted the Candle at a Chandler's Shop just by, and put it into the Dark Lanthorn himself. He likewise told me that the plate was sold to one Brown, but on my making Enquiry no such Person was to be found; and he said he believed his Companions had sunk some of the Plate, for he heard it rattle in their Pockets, and on his asking them what it was, they told him, it was a Tobacco-box.

Prisoner. I don't know that ever I saw this Gentleman before.

Daniel Owen . I went with the Prosecutor to Newgate , and the Prisoner said that he with Lowther and Flack broke into the Prosecutor's House on Easter Sunday at Night, and took some Plate, but he only saw a 2 handled Cup, and something else, for they had sunk the rest on him.

John Lowther . The Prisoner, and I and Flack went out between 8 and 9 at Night on Easter-Sunday. I went before and pulled open the Window Shutters of Mr. Wheeler's House; - it is in Denmark Court in the Strand: Flack pushed up the Sash, and then there was a Blind which was bolted , and we could not undo it for a long Time; but at last Flack got it out, and put it on the Top of a Bureau. Then we shut the Window to, and sent the Prisoner to the next Door to light a Candle. When we had got a Light, Flack went in, but a Woman coming out of the Chandler's with a Candle, we put the Shutters to again, and after that Flack took a silver 2 handled Cup, a silver pint Mug, a Spoon, a pepper-box and a Punch Ladle, and the Prisoner not minding the Woman who came out of the Chandler's Shop, Flack flew into a Passion with him, and swore he should have none of the Money because he did not blow the Woman's Candle out. We should have taken other Things out of the House, but we let a Spoon fall on the Floor, and thinking that alarm'd the People, we all ran into the Strand and got a Coach, and directly went to Mrs. Bower's, the Ship in Rag Fair. When we came to Bower's we enquired for Betty Hope , but she not being on that side of the Town, we found out Jane Johnson , and she was not willing to buy any thing before the Prisoner or me, and so she and Flack went into another Room: Flack presently returned, and said he had made a Bargain for four Pounds; but we told the Prisoner we had no more than a Guinea and an half, and so sunk all the rest.

The Prisoner having nothing to offer in his Defence, nor any Witnesses to call, the Jury found him Guilty of the Indictment; Death .

12. Thomas Neck , was indicted for stealing a Riding Hood, a Holland Shirt, and a Linen Apron , the Goods of James Wooding , May 11 . Guilty 10 d.

[Transportation. See summary.]

13. Thomas Ruby , of St. Giles's in the Fields , was indicted for breaking and entering the Dwelling-house of John Tucker , between the Hours of 1 and 2 in the Night with Intent the Goods of the said Tucker to steal &c . April 28 .

John Tucker . I keep the Angel Inn in St. Giles's . On the 28th of April between 12 and 1 in the Morning my Servant informed me that the Watchman had found Thieves breaking into my Cellar, but they had made it secure again. I got up and search'd about the House to see if any body was concealed, but found no body. My Man got up again between one and two, and cry'd out Murder! Thieves! and ran about the House to alarm us, and presently afterwards hearing a second Noise, of some body in the Kitchen, I got up, and opened my Window, and called a-cross the Yard: immediately I saw a Man run along the Yard, and he limped with his right Leg, by which I was certain it was the Prisoner, who some Time before this had been my Servant. My Ostler hearing the Noise got up, and I desired him to lay hold of the Prisoner, but he not hearing what I said, the Prisoner made his Escape. After this I got a Candle, and in my Kitchen found the Prisoner's Hat, Shoes, case Knife and penknife, and an Iron Fly belonging to a gaming Table, all which he owned to be his before the Justice. The Day after this I got a Warrant to take the Prisoner on Suspicion, and met him in Drury-Lane. I took hold of him and said, are you here Tom? he made no Reply, but said, I hope Master you will forgive me. I told him as he had broke into my House, I could not forgive him, and he said he would ask ten thousand Pardons if I would excuse him. I kept him fast by the Hand and led him into a Public House, and gave him into the Custody of a Headborough. When we were at the Alehouse he owned that he broke into the House between one and two o'Clock, but said he came for Victuals. He confess'd the same before the Justice, and begged very hard for his Hat, for he had none to wear.

Samuel Digner . On the 28th of April, just as the Watchman was crying the Hour of twelve, he knocked at the Door, and told me some Thieves were breaking in at the Cellar Window: I got up, and li't a Candle, and the Watchman and I went into the Cellar to fasten the Windows, which were wrenched open wide enough for a Dog to get in. I am positive they were fast when I went to Bed, and when I got up and found them open, I could not shut them again, but 2 Watchmen coming by assisted me, and then I carried the Key up Stairs to my Master, and went to Bed again. In a little Time afterwards, hearing a sort of a rustling, I went into the Kitchen , and saw a Man which I verily believe was the Prisoner, stand up at the Cupboard . I cried Thie ves! Murder! and ran to lay hold of him, and immediately he ran out at the Window. I went up Stairs and alarmed the House, and this Iron Fly and the other Things were afterwards found in the Kitchen.

Prisoner. Did he see me in the Kitchen?

Digner. I verily believe he was the Person that I saw go out of the Window.

Thomas Claring . I happened to be out and met Mr. Tucker in St. Giles's, and he desired me to go with him to see for the Prisoner. Accordingly I went to the Prisoner's House, but he not being at Home, we went to an Alehouse over the way, and in a few Minutes the Prisoner was brought in. He confess'd that he attempted to break Mr. Tucker's Cellar Door, but being disturbed, he went into a Stone Cutter's Yard, got over the Wall and broke in backwards at the Kitchen Window. After this I carried him into a back Room, and there he delivered some Implements for Gaming to his Wife, and when I carried him before Mr. De Viel , the Iron Fly and the other Things were produced and he owned them to be his, and that he left them in Tucker's Kitchen.

Prisoner. I was almost starved with Hunger, and went to Mr. Tucker's with a view of getting some Victuals, thinking I could be bolder there than at another Place. Guilty Death .

14. Constantia Murrel , alias Constantia the Wife of John Thomas , of St. Giles's in the fields . was indicted for stealing 20 Guineas the Money of Benjamin Watkins , in the Dwelling House of John Grimes : April 26 .

Benjamin Watkins . I was got full in Liquor, and was carried to a House where I had the Money taken out of my Pocket ; it was in Drury Lane , but I can't tell who the House belongs to neither can I tell who the Person was that took it; there were 3 or 4 People in the Room, and the Prisoner and I were a Bed together. She got up and went away from me , and I lost above 20 Guineas.

Mary Brown . The Prisoner was with Watkins when he lost his Money, and she got up and left him a-bed . I did not see her take the Money, but the Man missed it, and there were 2 or 3 People in the Room, and I believe they had it among them. There were 3 Beds in the Room, and 2 people in each Bed, and only the Prisoner and Watkins were together. The House belongs to Robert Grimes . Acquitted .

15. Timothy Hall , the younger , of Twickenham , was indicted (with Timothy Hall, the elder, not taken) for assaulting James Hedger on the King's Highway, putting him in fear, and taking from him a Watch, with the outside and inside Cales made of Silver, value 5 l. and a Watch Chain made of base Metal, value 6 d . the Goods of the said Hedger , April 21 .

James Hedger . I had been at a Sale where the next Witness had bought some Goods for me, and came part of the way home with me. When he left me, the Prisoner and his Father overtook me, and one took hold of one Arm, and the other of another; they asked me, if I had any Money, and I said, I had not, for I had laid it all out at the Sale . Upon that, the Prisoner said, D - n him, he has a good Watch, and pulled it out of my pocket. There was a Man to whom I owed some Money followed me from the Sale, and the Prisoner and the other Man, seeing him, they both ran away. This was on the 26th of April, between 5 and 6 in the Evening, and in about half an Hour afterwards they were taken.

C. Did you ever find your Watch again?

Hedger. I am a Gardner , and was planting some Lettices, and the Doors of my House next the Street were open; and when I came out of the Garden, I found my Watch on a little Table under the Window, but how it came there, I can't tell.

Prisoner. Ask him whether, when he came home, his Daughter did not ask him where his Watch was, and whether he did not say, he had left it at the Red Lion?

Hedger. No, I did not. I am sure the Prisoner at the Bar is one of the persons who stopped me.

Prisoner. Did not I take him from the Red-Lion , and carry him to his own House?

Hedger. No, he did not.

Solomon Wiseman . I keep the Sign of the Hitt or Miss on Twickenham Common , and went with the Prosecutor to the Sale, and bought some things for him; I went part of the Way home with him; but he being in Liquor, I took him back again to the Red Lion, and about 2 or 3 Hours afterwards I heard that he had lost his Watch, and the Prisoner and the other Man were delivered into my Custody.

Prisoner. Did you ever hear any thing to my Dishonesty?

Wiseman . No, not that I know of.

Jury . Were the Prisoners search'd for the Watch when they were taken?

Wiseman. No, they were not.

Jury. Did you see any Sign of the Prosecutor's having a Watch about him when you parted with him?

Wiseman. Yes, I saw it in his pocket, and bid the Man of the House take care of it. The other Man, who was taken with the Prisoner, was carried before the Justice, but Hedger said, the Prisoner was the Man who took his Watch out of his pocket, and he had nothing to do with the other Man; upon which he was discharged.

Prisoner. I desired the Prosecutor to leave his Watch with the Man at the Red-Lion, for he was very much in Liquor.

Hedger. I was not so much in Liquor, but I paid Money and took a Receipt for it. As to the Prisoner, I never saw him before that Time in my Life.

Wiseman. He was so drunk, that I carried him back to the Red-Lion, and how long he staid there after I left him, I can't tell.

Prisoner. Did not one Ned Stevens go for the Watch to the Red-Lion?

Hedger. Yes, he told me he did, but it was not at my Desire.

Elizabeth Stent . I have known the Prisoner these 9 or 10 years, and never heard that he was in any Misdemeanour in my Life.

Mary Hall. I can swear for his Honesty, as far as this, that he never was in any Trouble before. Acquitted .

16. 17. Francis Piggot , alias Norton , and John Johnson , of St. Giles's in the fields , were indicted for assaulting Henry Corner , in a certain Field and open place, near the King's Highway, putting him in Fear, and taking from him a silver Watch, value 5 l. and a silver Shoe-buckle, value 5 s. the Goods of the said Corner, April 24 .

Henry Corner. On Friday, the 24th Day of April, between 5 and 6 in the Evening, the Prisoner Piggot came to me, and asked me how I did, and desired me to drink part of a Tankard of Beer with him. I could not at that Time, but about 10 o'clock I met him in the play-house passage, and he again asked me to drink with him. The other Prisoner, Johnson, was there at the same Time, and we went to an Alehouse, and had two Tankards of Beer, for which I expected them to pay a part, but they said, if I would treat then, they would at another place; and if I would go as far as St. Giles's they would give me something that was good. This was in Drury Lane, and I not having my Hat en, did not chuse to go so far without; so the Prisoner Piggot clapped his on my Head. When we got into the middle of Drury Lane, they knocked at a Door, but the people being a-bed, they led me about; and the first place that we came to, that I knew, was the Duke of Bedford's House in Bloomsbury Square. They then said, they would shew me my nearest Way home; but instead of that, they carried me into the Fields, and the first Word they spoke to me was to borrow Money; immediately one of them threw me down, stopped my Mouth, and got upon me; Piggot pulled out my Watch by main Force, and tore my Buckle out of my Shoe, Strap and all; and then both run away.

Prisoner Piggot. Did he never leave his Watch in my Custody?

Corner. No, he never had any Watch of mine.

C. Whereabouts did they rob you?

Corner. It was in the Field above Southampton-Row . When they robbed me, I cried Murder, and a Watchman coming up, I told him what had happened, and he said he would bring me a Constable the next Day: He did so, and they were both taken at a Milk-cellar in Gray's-Inn Lane.

Thomas Perkins . I am a Watchman, and was just going to cry the Hour of 12, when I heard Murder cried twice in the Field. I went up to the Field-Gate, and could see no body, but I afterwards met the Prosecutor very bloody. He told me, he had been robbed, and he knew one of the persons who were concerned; and I told him I would bring him a Constable the next Morning. I did so, and we laid wait for the Prisoners in two Places. Corner and I waited for them at the Bear in Bow-street, Covent-Garden, where we staid 'till we had Information that the Constable had apprehended them at a Milk-cellar in Gray's-Inn Lane.

Q. Did Corner direct you where to take them?

Perkins. He said, he knew one of them, and directed us to the place where it was most likely to find him.

Edward Harvey . The last Witness came to me on the 25th of April, and told me, that a Man had been robbed of his Watch and Buckle, and he had told him where he lived, and that he knew one of the persons. We set out about 7 o'Clock in the Morning, and got Information, that a Milkwoman in Gray's-Inn Lane used to come to Piggot; upon which I went to several Milk-cellars in the Lane, but none of them knew him; and at last I came to the right, and on my enquiring for Piggot, the Woman said , he and another were just gone out together, but would be within in a short time. Upon this, I went to the Alehouse, and had Word sent me, from a Fellow-servant of Piggot's at a Bagnio , that he was quickly expected at the Bear in Bow-street ; so I sent the Watchman and the Prosecutor into Bow-street; and John Carter , the Headborough , and myself went again to the Milk-cellar ; and we had not been there long, before the two Prisoners came in. I catch'd up a poker, and told them what my Business was, and then one of the Women lock'd them up in her Room; but after some Time, they surrendered, and we carried them before Justice Poulson , who examined them separate. They both confessed the Fact; Johnson in particular said, he held Corner down, and stopped his Mouth, while Piggot took his Watch and Buckle, and then both ran away. Horton owned the same, and behaved with great Boldness at the Justice's, and went out snapping his Fingers, singing, At the Tree I shall suffer with Pleasure; and said, he should have a short Life and a merry one.

C. Had you any Information where the Watch and Buckle were pawn'd ?

Harvey . Johnson told us where they were pawn'd , and we found them accordingly.

Corner . These are my Things, and are the same which I lost that Night.

Piggot. I desire the Prosecutor may be asked whether we had any Arms about us?

Corner. No, they had not.

Piggot. How could we put him in bodily Fear then?

Thomas Butler . This very Watch was brought to me by the Prisoner, Piggot. He said he brought it from a Gentleman, and my Master lent him two Guineas on it; but I did not see any body with him.

Harvey. Johnson directed me to this Pawnbroker, and said he was waiting at the Door while the other pawned it.

Philip Rugier . The Prisoner, Piggot, brought this Buckle to me, and another Man was waiting at the outside of the Shop at the same Time.

John Carter . The Prosecutor sent a Watchman to our House, about 7 in the Morning; and soon afterwards Corner came, and said he had been robbed of his Watch and Buckle, by the Waiter at the Turk's Head in Bow Street. He said, that Piggot took his Watch and Buckle, while Johnson held him down. After this, the Constable, a Watchman and I went to Gray's-Inn Lane; we sat at an Alehouse some Time, and then Piggot went into the Milk-woman's, and called Johnson in after him, and the Woman seeing us, she shut the Door, but the Constable jumped in at the Window; and she said, if he went up Stairs, she would fetch a Warrant for him; so he sent me for farther Assistance; and before I returned, the Prisoners were taken.

DEFENCE.

Piggot. I met the Prosecutor between twelve and one that Day, and he asked me if I was turned Gentleman? I told him I was hired to Mrs. Douglas; he said he should be glad to drink with me, so I met him at 6 o'Clock that Evening as the Prince and Princess were going to the Play. He told me he had a great Fancy to see the Play, and would go into the Footman's Gallery; I having no Livery could not go with him, so I went into the upper Gallery with Johnson, and as we were coming out we met the Prosecutor again. He asked me to drink, and said he must step home and make his Appearance and would come to us; so we went to the King's Head in James Street and called for a Tankard of Beer. He came to us, and we sat 'till the Watchman came half an Hour past Eleven, and then he paid for the Beer; and we not chusing to drink any more Beer, he said, if we would go with him towards Tottenham Court , he would give us something that was good. Upon this we went with him, and when we came into the Fields, we crossed over towards St. Giles's. I staid behind a little to make Water, and presently I heard Johnson cry our Hort! Hort! upon which I went up to him and found the Prosecutor in a very indecent Posture. Upon my coming up, he desired we would not expose him, and he would give us all he had; and having no Money about him he gave us his Watch and both his Buckles; but recollecting himself, he said, '' when I go home having lost both my Buckles , '' the people at our House will think I have pawned '' them, and therefore we gave him one of his Buckles again .

- Farrel. The Prisoner Piggot served me half a Year very honestly, about seven Months ago. I keep the King's Bagnio in Long-Acre .

Ann Cormond . My Husband keeps a Bagnio in Suffolk Street. I have known Piggot two Years; he lived with us as a Servant three Months and during that Time behaved well .

Ann Cox . The Prisoner Piggot lived with me, and I never heard Ill of him.

Prisoner Johnson. I was not acquainted with Piggot a Week, and it is well known, that never any thing was alledged against me.

William Bard . I have known Johnson from his Infancy, and never heard or saw any Harm by him in my Life.

Richard Veer . I have known him from his Infancy, and never heard any Ill of him.

Richard Marsh . I have known him from a Child, and never knew any Thing that he did in my Life. He is a Sawyer by Trade.

Thomas Robinson . I never heard any Body give him a misbehaving Word till now, and I never knew nor heard any ill of him in my Life.

Thomas Ward . I have known him several Years and never heard any Body give him an ill Word.

Jane Pierce . The Prisoner Piggot lived a Servant with my Husband 4 or 5 Months. I keep a very reputable public House in Clare-Market and have entrusted him with a great deal, and he never wronged me.

Rebecca Cooper . I have known Piggot 4 or 5 Years, and never heard any Ill of him.

William Edwards . The Prisoner Johnson is a Sawyer. I have known him 2 Years, and never heard Ill of him 'till now.

William Liston . I have known Johnson these five Years and never heard any Harm of him 'till now.

Sarah Scafe . I never heard a foul Thing of Johnson in my Life.

Mary Price . I have known Johnson 5 Years, and always took him to be an honest Man.

Henry Hart . I have known him these 12 Months, and always thought him a sober Fellow. He has received and paid Money for me several Times, and never defrauded me. As to the Prosecutor he bears a very indifferent Character in the Neighbourhood, for he belongs to a Gaming Table in the Piazza , Convent Garden.

John Cartwright . I have known the Prosecutor five Years; he lives at Lord Mordington's; he was Cook to my Lord, and I was Porter, but as for Gaming. I don't believe he can play, at any Game, and I never heard but that he was a very honest Man . Both Guilty , Death .

18 Ann(the Wife of John Stanbourn ) was indicted for stealing 2 flaxen Sheets, value 3 s. 2 Linsey Wolsey Bed Curtains, value 3 s. and a Looking Glass, value 4 s. the Goods of Richard Melvin . in a Lodging let by the said Melvin to the said Stanbourn , Feb. 15th . Acquitted.

19. Elizabeth Moreton , was indicted for stealing a Copper-pot and Cover, value 5 s. the Goods of Hugh Spring ; April 1 . Acquitted .

20. George Chiverton , was indicted for stealing 12 same Rabbits ; the Goods of Pierce Watts , April 24 . Guilty .

[Transportation. See summary.]

21. Charles Saunders , was indicted for stealing 30 lb. Wt. of Lead, value 2 s. 6 d. fixed to the Freehold of George Hamlington , Esq ; April 11 . Guilty .

[Transportation. See summary.]

22. Richard Baker , of St. Giles's in the Fields , was indicted for assaulting Robert Rhodes on the King's High-way, putting him in Fear, and taking from him a Pen-knife, value 1 d. an Iron Key, value 1 d. and 3 s. and 11 d. the Goods and Money of the said Robert Rhodes ; Feb. 12 .

At the Prisoner's Request the Witnesses were examined apart.

Robert Rhodes . I was a Headborough last Year for St. Giles's Parish. On the 12 of February about 9 at Night, William Alley called me out of my Shop and gave me a Warrant to take one Thomas Robinson . I went into Drum-Alley in Drury-Lane , and at the White Horse there, I found him. I told him I had a Warrant against him, and he said he would not go, and in a little Time, a great many People came with Clubs, Sticks and Hangers, and swore they would bail him. Immediately they took him from me, and beat me: I got out of the House into the Alley, and Hunt, Cassody, and Timms who are executed, the Prisoner, and several others who are fled to Ireland, knocked me down. Which of them it was that did knock me down, I can't tell, but they were all present, and when I was down, the Prisoner stamped on me, and some of them turned my Left-hand Breeches-Pocket the wrong Side outwards, and took out a Knife, a Key, 3 s. 6 d. in Silver, and about 5 or 6 pennyworth of Half-pence. After this, I followed them into Holsford's Alley , to one South's, and saw Hunt and Timms there; and when I came from thence, I saw the Prisoner at the End of the Alley, and he ran towards Clare-market , and got away. From that Time I never saw him again, 'till I took him, on the 24th of April, in Cary street.

Q Are you sure the Prisoner was among the persons that used you in this Manner?

Rhodes. I am certain he was the Man who stamped upon me, and that he was with them, when I lost my Money .

Prisoner. Ask him if he is positive as to the Time of Night.

Rhodes. I believe it was between 9 and 10.

Prisoner. How was I drest at that Time?

Rhodes. I believe he had the same Clothes on as he has now; but I can swear to his Wig.

Prisoner. By what Light did he see me?

Rhodes. The People were coming from the play, and there were several Link-men about the End of the Alley; and if some people had not come with Lights to my Assistance, I believe I should have been killed.

Prisoner. How far is this Alley from the Play-House?

Rhodes . It is just opposite to the Playhouse-passage.

Mary Swinney . I lodged in Mr. South's House, in Holsford's Alley ; there was a Club of Irishmen, which used to meet there and spend 3 d. a piece every Thursday Night. One Evening a Man came from the White Horse in Drum-Alley, to inform the Club, that Robinson was taken: Immediately they went down Stairs into the Yard, and broke the Mopsticks and Broomsticks, and went out with Intent to rescue Robinson. There were Timms, Cassody, Hunt, and the Prisoner, and several others; and they all went out together. They had not been gone long, before they brought Robinson with them. Then they called for Gin and Twopenny, and said, they would make themselves merry with the Constable's Money.

Prisoner. Is not this House of South's a common Receptacle for lewd Women?

Swinney . Yes, every body is welcome to come for 3 d. a piece.

Prisoner. How was I dreft at that Time?

Swinney . As near as I can remember, he had a brown Coat on, and such a Wig as he wears now.

Prisoner. Was it a dark, or a light Coat?

Swinney. I think it was darker than that which he has on now.

Prisoner. How does she get her living?

Swinney . I go to Service, but I happened to be out of Place then, and lodged at South's.

Prisoner. Ask her, whether she ever saw me in that House before or since?

Swinney. I saw him with the Club 2 or 3 Times before this.

Prisoner. Has not the Prosecutor, since you have been in Consinement, frequently promised you your Liberty, to be an Evidence against me?

Swinney. No, he never did.

William Atley . I had a Warrant against Robinson; so I and Mr. Rhodes went into Drum-Alley, to see for him. After we had taken him, one Charles Maccleaver went out of the Window, into Holsford's Alley , and a whole Posse of Irishmen came with Broomsticks and other Weapons, and rescued Robinson. Upon this, Rhodes was glad to get out of the House, and when he got about 6 Yards into the Alley , Hunt knocked him down, Timms stood over him with a Stick , and the Prisoner was the Man who stamped upon him, and said, D - n him , kill him; but what Money he lost I can't tell .

Q. Are you sure the Prisoner was one of them?

Atley. Yes, I am sure he was, for I knew him before, and have drank with him. After this, we went to South's in Holsford's Alley , and there was a pane of Glass broke, through which we saw Timms , Hunt, and the Prisoner; they were all together, and Hunt said , B - d and W - s Boys, let us drink and be merry with the Constable's Money.

Prisoner. How was I drest at that Time?

Atley. He had a darker colour'd Coat on then than he has now.

Prisoner. Was it a strait-bodied Coat, or a great Coat?

Atley. It was a strait-bodied Coat.

Prisoner. Did not he declare at the Coach and Horses in Drury-Lane, some time last Week, he would not appear against me in this Affair, unless Rhodes would give him a Note of Hand for 20 l.

Atley. There never was any such Thing mentioned.

Prisoner. How does he get his living?

Atley. I am a Shoemaker, and follow my Trade now.

DEFENCE.

Robert Jasper . I live in Parker's Lane. On the 12th of February, I was very ill and not able to help myself, and the Prisoner staid with me from 6 o'Clock in the Morning, 'till between 8 and 9 at at Night.

Q. How far is Parker's Lane from Drury Lane?

Jasper . A very little Way. When he left me he went into his own Room, which is one pair of Stairs lower than mine, and I called to him several Times after he was a-bed . He afterwards got up and came to see me again, for I was very ill.

Q. When was the last Time he came up to you after you was a-bed?

Jasper. The last Time he came up to me was 9 o'Clock, and after that Time I can't tell what became of him.

Richard Ginn . I live in Parker's Lane, and work for Mr. Birtworth , his Majesty's Coach-maker . The Prisoner lodged in my House, and I commonly rise to go to my Work, at a little after 5, and always have found my Doors locked and bolted: Besides I have a little Vermin (a Dog) that will not let any Body come in or go out without alarming me, and the Prisoner could not be out of Doors at this Time, for he had but one Coat, which he had given to a Taylor to alter, and could not get it again, so that I was forced to lend him an old Coat of mine. My People are always a-bed a little after 9, and I bolt the Door and fasten it myself.

C. How long has the Prisoner lodged with you?

Ginn. About 3 Years, and he always was a civil Man. - He lodged with me in February last.

C. Have you any other Lodgers besides the Prisoner?

Ginn. Yes, there are 2 young Men, Oliver and Jasper, and they were both sick from the 7th to the 20th of February, and at that Time the Prisoner could not get his Clothes from the Taylor. He then lodged in my House, and was not out all the Time from the 7th to the 20th of February, for he had no Key to the Door, and I have a little Vermin that will not let me or any Body else come in.

C. For near 20 Days did no body come into, or go out of your House?

Ginn. Not at Night, my House is constantly locked up at half an Hour past 8, when I return from my Business, for I may be killed as well as another Man.

Q. Can you tell how the Prisoner employed himself all this while?

Ginn . He was at Home all the Time, and I supplied him with Necessaries.

Jury. We desire he may be asked, whether as he daily goes out to Work, he can be positive the Prisoner is at Home when he is abroad?

Ginn. I never saw him out; he was always in the House when I came to Breakfast, Dinner and Supper.

Elizabeth Ginn . I am Wife to the last Witness. On the 12th of February Mr. Baker, the Prisoner was at Home at my House, and waited on Jasper who had been a long Time Ill. I remember it was the 12th of February by a very good Token, for he came down to borrow a Frying-pan, to fry some Flounders for Jasper's Dinner. He continued with Jasper the whole Evening, 'till between 8 and 9 o'Clock, at which Time, he went down into his own Room to go to Bed. I went up before 9 to ask the sick Man how he did, and I saw the Prisoner a bed. A little while afterwards, the Prisoner's Bedfellow, Oliver came in, and I called to him and desired him to fasten the Door for every body was a-bed. Mr. Oliver, has lodged with us 7 Years, and upon that Account has a Key to the Door. I heard him go up Stairs into his own Room, and talk with the Prisoner, and then he fastened his Door. This is the Coat which my Husband lent him, and he had it on that Day and 2 or 3 Days afterwards.

Q. How did Oliver come in?

Ginn. He has a Key to the Door, and there is nothing to interrupt him, but a little Dog which we keep.

Thomas Miller . I was at the Coach and Horses in Drury Lane on Sunday the 10th of this Month, and one Mr. Berry and Atley were in Company together. Atley told Berry he had been to Rhodes's about Mr. Baker's Affair; that Rhodes was out of Town, and his Wife would not tell him any Thing about it; upon which Berry advised him not to appear against the Prisoner, and Atley then said Rhodes had used him very ill, and he would not appear against the Prisoner , unless he (Rhodes) would give him a Note for 20 l. I am a Coach Wheeler, but am out of Business at present, and live in Wild Street.

William Harball . I keep a writing Office in Horseshoe-Court near Carey Street. The Prisoner was recommended to me by one Beck, in the middle of last March, as a very good Hand, and he worked with me till the Time that he was taken. He behaved very well during the Time he was with me, and has frequently sat up all Night to do his Business.

Q. How long did he use to sit up on a Night, while he worked for you?

Harball. Sometimes he has sat up all Night; sometimes he went home between 11 and 12 at Night, and at other Times he has had no Occasion to work longer than nine. He told me he lodged in Lewkener's Lane or Parker's Lane; and that he used to have his Victuals given him at a House in Fetter-Lane.

Henry Beck . I write for Mr. Harball, and the Prisoner was my Fellow Clerk. He always was very industrious, and has frequently set up o'Nights to get his Bread, when he has had no Occasion.

Q. What Time did he usually leave Mr. Harball's ?

Beck. He has gone Home at eleven and between eleven and twelve.

Charles Baker . The Prisoner is my Brother. As to the Fact, I know nothing of it, but I never heard him charged with a dirty Action before.

Elizabeth Barret . I live in Fetter Lane, and have known the Prisoner seven Months, and during that Time he always behaved well. I have entrusted him in my House, when I have been in the Country , and never missed any Thing.

Thomas Jenkins . I live with Mr. Russel, a Proctor in Doctor's Commons; the Prisoner came to live there in the Month of May, 1740, and behaved honestly. Guilty Death .

23. 24. Edward Spencer and Sarah Edkins , alias Spencer , were indicted for stealing 2 Linen Sheets, value 5 s. a Bed-quilt, value 3 s. a Sauce-pan , value 3 s. a copper Stewpan , value 2 s. a pewter dish, value 1 s. and 2 pewter plates, value 1 s. the Goods of Edward Elliot , in a Lodging , let by the said Elliot to the said Spencer and Edkins; April 14 . Both acquitted .

25. Mary Wagney , was indicted for stealing a pair of Linen Ruffles, value 4 s. and a Linen Mob, value 3 d. the Goods of Robert Peck ; May 14 Acquitted .

26. Gerrard Cavenagh , of St. Giles's in the Fields , was indicted for assaulting Elizabeth, the Wife of Roger Connor , on the King's Highway, putting her in Fear, and taking from her, a Cloth-pocket, value 1 d. one Guinea, and 3 s. 1 d. in Money , the Goods and Money of the said Roger Connor ; April 8 .

At the Prisoner's Desire, the Witnesses were examined apart.

Elizabeth Connor . On the 8th of April, between 10 and 11 at Night, I was going to the Corner of Plumbtree-Street , for some Butter and Sugar, and as I was coming home to Denmark-street , the Prisoner met me, and knocked me down. I cried out, and turned about, to look in his Face, and saw two Men at a Distance, standing still. I saw the Prisoner's Face perfectly, by the Light of the Lamps. He had a Knife in his Hand, with which, as soon as he had knocked me down, he cut off my pocket. I attempted to cry out again, but he told me, if I spoke a Word, he would certainly cut my Throat. I had in my pocket, a Guinea, and 3 s. and 1 d. or 3 Halfpence; and as soon as he had taken it away, he went up to the two Men, and I strove to creep home as well as I could. The next Morning this piece of my pocket was found by a Milkman, in the place where I was robbed; and it agrees exactly with that piece which was left behind.

Prisoner. How came she to know me that Night?

Connor . I was acquainted with him before; he came into my House, the Day before this, and burst into the back Room, and asked if it was to be lett; so that I took particular Notice of him.

Jury. What Distance were the two Men from you?

Connor . About 20 or 30 Yards.

Jury. By what Light could you distinguish them?

Connor. By the Light of a Lamp, about 5 or 6 Yards off.

Prisoner. Ask her how far she was from a House when she was knocked down?

Connor . It was in the Street, and there are Houses on each side of the way.

Prisoner. What Time of Night did she leave the Shop where she went to buy the Sugar?

Connor . Between 10 and 11 o'Clock, and presently afterwards the Prisoner met me.

Prisoner. If her pocket was cut off, why did not she take the Watchman from his Stand, and follow me?

Connor . I saw no Watchman, nor no body; for the place was quite clear.

Henry Atterbury . I took the Prisoner on Thursday in last Sessions, in a Cobler's Shop. When I laid hold of him, the Cobler swore he would stab me; and the Prisoner got from me, and ran up Stairs, but at last we took him; and after we had handcuffed him, we brought him to an Alehouse , where he told me. that 2 other Men were concerned with him in the Robbery. This was at Humphries's , the Constable's House, and we were by ourselves. While we were together, a Woman came to him , and put some Money into his pocket, and bid him puff no body.

Prisoner. Did he ever see me before that Day?

Atterbury. No, I never did, to my Knowledge .

Prisoner. Was he entrusted with me any part of the Day?

Atterbury. Yes, they all went out of the Room, and left us together; and he told me every particular Word.

Prisoner. How came he to light on me?

Atterbury. I was coming from Kensington Gravel-pits , to meet Mr. Jenkinson, an Attorney, and there happening to be a Mob, I went to see what it was, and was charged to assist the Constable.

Prisoner. Was he at Work that Week?

Atterbury. I am a House-carpenter, and work at it sometimes, in doing Jobbs for one and another.

John Wright . I am a Milkman, and as I was going about my Business, picked up this piece of the Woman's pocket.

Prisoner. What Time in the Morning did he find it?

Wright. I believe it was about half a quarter of an Hour past Seven.

Elizabeth Porter . I came from Bristol about 2 Months ago, and wanting private Lodgings, I took a Room in Cornor's House. One Night, about 9 or 10 o'Clock - I can't tell what sort of Time it was, but I believe it was about 6 Weeks ago, I saw Mrs. Connor's Husband give her a Guinea and some Silver, and she went out. She returned as dirty as if she had been rolled in the Kennel, and said, she had been robb'd; that three Men were concerned, and that she knew the person who knocked her down.

Prisoner. What did you say to Mrs. Connor when she went out?

Porter. Her Husband asked her, why she had not got Butter and Sugar; and then she fetch'd him some white , and some brown Sugar; I believe there were about 3 pounds and an half of each .

Prisoner. Did you see any Gold in Mrs. Connor's Hand, when she went out ?

Porter. Yes, her Husband handed the Guinea over the Counter to me, and I gave it to her.

DEFENCE.

Prisoner. This Woman's Husband is a Smugler . On the 7th of April, I took up one Kennedy, a Smugler , who lodges in their House, for calling me Informer, because I had made a Discovery of a great deal of Tea, and they were lying in wait to shoot me; and because I made this Discovery, they have sworn fastly against me.

Patrick Kelly . I met the Prisoner in the Street , and he asked me, if I knew one Kennedy , a Smugler , and desired me to go to Connor's, to ask him to bail him: accordingly I told Connor the Story; but he would not bail Kennedy.

Prisoner. Did not Connor threaten what he would do to me, if I informed against any of his Lodgers?

Kelly. I know nothing at all of that. I remember nothing else said by Connor in relation to the Prisoner.

Katharine Kelly. I am Wife to the last Witness, and what I have to say, I will say very true. I came to the Prisoner's House, the Night before he was taken, between 7 and 8 o'Clock, which was the very Night that Connor says she was robbed: The Prisoner was sitting by the Fire, with some Oatmeal to make a little Broth for himself and his Wife. I was for going Home, but he desired me to get his Supper ready; so I staid 'till near one o'Clock in the Morning; and I declare on my Oath, he never left the House, from the Time that I went in, to the Time of my coming away. His Wife is my Sister, and she and her Children were lying on the Bed at the same Time.

John Longhton . I know nothing of the Prisoner; I never saw him before to-day in my Life. As to Atterbury , he is a very extravagant Fellow, and has spent a great deal of Money.

Q. Do you think he would perjure himself?

Loughton. I can't charge him with that - I can't judge of people's Consciences. - I did say, that if he had a great deal of Money, he would be very troublesome.

Prisoner. Atterbury said at the Gate to Day, that if he should hang me, he should have a great deal of Money, and would drive all Kensington Gravel-pits before him.

Sarah Graham . Last Wednesday was 5 Weeks I was at the Prisoner's House; his Wife was sick a Bed, and 2 Children along with her. The Prisoner was sitting by the Fire-side, and there was a pot boiling on the Fire, with a Breast of Mutton in it. I went there just as St. Giles's Bell rung Nine, and as I came out of the House, the Watchman went Eleven; and the Prisoner was not out of the House all the Time. Mrs. Kelly was there, and I left her and another Woman, whose Name is Gough , behind me when I went away.

Q. How came you to recollect the Time?

Graham. I lodged in his House 3 Quarters of a Year; I left it on the Saturday , and went to fetch some Things away from thence .

Jane Gough . On Wednesday Night I went to see the Prisoner's Wife and Children, and he lay on the Foot of the Bed; to the best of my Knowledge, it was in April. I went there about 10 o'Clock, and found his Wife and 3 Children sick ; and his Brother and Sister were there at the same Time. I staid with them the best part of an Hour; and the Prisoner had a Breast of Mutton boiling on the Fire; and he never stirr'd out of the House while I was there.

Richard Humphries . I was Constable, and apprehended the Prisoner.

Prisoner. Ask him if he did not desire me to make myself an Evidence?

Humphries. I told him t hen was his Time to save himself, and he said he knew nothing at all of the Matter.

Prisoner. Did he trust me in the Care of Atterbury alone that Day?

Humphries. I had him to my own House; and it was in the Fore-room, and we were in and out all Day.

Q. Was Atterbury there?

Humphries . Yes, he was there all Day.

Q. Did you charge Atterbury to assist you?

Humphries. No, I did not, the Man that I charged to assist me is not here.

Q. Were the Prisoner and Atterbury together alone any part of the Day?

Humphries. They might be alone for some small Space of Time.

Prisoner. Did he hear me say to Atterbury, there were 2 Men concerned with me?

Humphries. No I did not, nor any Thing like it.

Q. During the Time that the Prisoner was in your Custody, what did he say for himself?

Humphries . He always insisted that he knew nothing of what he was charged with.

Jury. Who was the 1st Man that laid hold of the Prisoner?

Humphries. It was one Horsenail, a Plumber in Cow Lane .

Q. to Atterbury. How came you to go to this Constable's House with the Prisoner?

Atterbury. Humphries shew'd me the Warrant at the Cobler's Door , so I and another Man catched hold of the Prisoner.

Prisoner. Where did I tell him that 2 Men were concerned with me?

Atterbury. It was in the Fore Box, and he would have told me every Thing had not the Woman come in, and given him Money.

James Ingram . I have seen the Prisoner at an Alehouse which I used, and never knew any Harm of him. I was present when Mrs. Connor brought the Warrant to the Constable's House, and then we went to the Cobler's, were the Prisoner was taken.

Prisoner. I desire this Witness may be asked, how long he sat with me at Humphries's House, and whether I was not asked divers Times to make myself an Evidence.

Ingram. There were 2 or 3 People that asked him to be an Evidence, and he said, would you have me be an Evidence of what I know nothing at all of? I was in the House with him from the Time he was taken, to the Time that he went before Mr. De Veil, and he always continued in the same Story, and never made any Confession at all.

Prisoner. Did he hear me own that there were two other Persons concerned with me in this Robbery?

Ingram. No, I never did.

Joshua Bewley . I am an Officer of the Excise. Connor is a Smugler, and the Prisoner has been very serviceable to the Revenue. I have seized Tea my self several Times on his Information.

Thomas Daniel . I am an Officer of the Excise. I have made several Seizures on the Prisoner's Informations, and in particular, the last Time I was out with him, the Prosecutrix and some others threatned him, and said they would serve him such a Trick as should make him smart before it was long, for at that Time he had given me an Information against these People.

Martin Colton . I likewise am an Officer of the Excise, and have had several Informations from the Prisoner.

Francis Waker . I am a Stove Grate Maker, and the Prisoner has been a Servant to me off and on for 8 or 9 Years, and always behaved well. As to his general Character, I never heard that he was a Thief in my Life, and as to the House which Connor keeps, I have been there myself, and have been informed that they are all a Parcel of Smuglers.

Henry Downes . I have known the Prisoner these 5 or 6 Years: I always took him to be a hard working Man, and never heard him charged with Theft.

Lewis Sellier . He worked for me last Winter, and I always took him to be an honest Man.

Patrick Murphey . The Prisoner worked on the same Floor with me, and always labour'd very hard.

Mary Melon . I have known him three Years: he lived next Door to me, and I never heard any ill Thing of him.

Ann Kalendar . I have known him three Years. On the 7th of April, I was going by Connor's House and saw the Prisoner in the Shop, and he desired me to drink with him, but I saw such a Heap of Folks there, that I did not chuse to go in. Acquitted .

27. Amy Gray , alias Davis, alias Reason , of St. James's Clerkenwell was indicted for stealing in the House of John Maydon , an East India Bond , No. 11734, for the Payment of 100 l. one other East-India Bond, N. 11736, for the Payment of 100 l. and one other Bond N. 11737, for the Payment of the like Sum ; the Property of John Maydon , March. 29 . she was a second Time indicted for stealing the aforesaid Bonds in the House of Elizabeth Way, March 29.

The Counsel for the Prosecution having opened the Indictment , and the Nature of the Evidence which should be offered to support it, the Witnesses were called .

Martha Alexander was called and sworn.

Coun . Do you know any thing of three Bonds, which were in the House of Mr. Way at the Time of his Death?

Alexander. Yes, they were the property of Mr. Maydon ; the Numbers of them were, 11734, 11736, and 11737; and they were in the House when Mr. Way died. After Mr. Way was dead, Mr. Maydon, as chief Creditor, put a Man into possession of the House.

Coun . What were these Bonds?

Alexander. They were East-India Bonds, for 100 l. apiece .

Coun. Do you know any thing of the Prisoner's taking them?

Alexander. We found it out by very good Witnesses, that she took them; she acknowledged it, and paid back part of the Money.

Coun. What did she say, when she acknowledged it?

Alexander. At first she said, she never saw them; and afterwards she owned, that they were given to her by a little Boy.

Council. When did Mr. Way die?

Alexander. He died on Monday, the 23 d of March last.

Coun . You say, that the Bonds were for 100 l. apiece, and that she owned she had them; did she own that she received the Money?

Alexander . Yes, and said she had got about 250 l. of the Money left, which she would give us; and if it ever lay in her power, she would make Satisfaction for the Money that was spent.

Coun. Did she tell you to whom these Bonds were sold?

Alexander. She said, that Mr. Bradshaw in Leadenhall-street had sold them for her, and brought her the Money; but before the Bonds were sold, she went to the East-India House to receive the interest.

Coun. Who was present when she owned this?

Alexander. There were Mr. Greenaway , Mr. Maydon, and the Constable; and she said, she had received the Money in the Names of Amy Gray , and Ann Eadey .

Prisoner. Ask her where these Things were laid in Way's House?

Alexander. They lay on a Shelf in a little place, which we call the Coal-hole.

John Maydon . I took out Letters of Administration, upon Mr. Way's Death.

The Letters of Administration were read.

Mr. Maydon . I entered into the House, and was in possession of it; but knew of no Bonds, 'till a Girl gave me Information of them.

Coun . What were these Bonds?

Maydon. They were East-India Bonds, No. 11734, 11736, and 11737, for 100 l. apiece.

Coun . Did you know what became of them?

Maydon. We heard that they were sold to one Bradshaw . The Prisoner was taken on Suspicion of stealing them, and denied that she saw any Bonds for a great while, 'till Bradshaw was sent for, and then she was sensible that she had sold them.

Coun. When Bradshaw came, what did she say?

Maydon. She said, she had sold 3 Bonds of 100 l. apiece, and had received 300 l. for them, and that she had got some of the Money in a Box in Southwark . We went there, and found the Box in a Brandy shop; she gave us leave to break it open, and we found 250 l. which she owned was part of the Money; and she said, she would make Satisfaction for what was spent: she likewise owned, that she had received the Interest at the East-India House, but I did not hear her say, in what Name she received it.

C. You say, you did not know when Way died, that these Bonds were in the House.

Maydon. No, I did not know any thing of them 'till a Girl brought me Information, that they were stolen out of the House.

Henry Sedgewick . I am a Broker, and was employed by Mrs. Way to buy these Bonds, on the 23d of September, 1740.

Coun . What Bonds were they?

Sedgewick. They were India Bonds for a hundred Pounds a piece, the Numbers were 11734, 11736, and 11737, and the Penalty of each Bond was 200 l.

Coun. To whom did you deliver these Bonds?

Sedgewick. To Mrs. Way, and she paid 300 l. 16 s. and 4 d. for them.

Prisoner. I desire Mrs. Alexander may be asked how these Bonds came into her Custody?

Alexander. Mrs. Way who was my Aunt, was troubled with Fits, and lost 2 Gold Rings, so she desired me to look into a Chest for them, and I found these Bonds there in a Tin-cannister; I expected her to die, and so I took them from thence.

- Bradshaw . I am a Trunk maker by Trade, but my Father keeps a Public House in Leadenhall Street and I live with him. On the 3d or 4th of last April the Prisoner came to one Mrs. Russel who lives at the Back of our House, and told her she had 3 Bonds to dispose of. Mrs. Russel brought them to my Father, and I fetched one Mr. Lyon a Broker to our House; - The Prisoner was there at the same Time. Mr. Lyon said the Bonds were very good, and if she came honestly by them, he would purchase them: he said the Interest was due the 6th of April, and if she would go and receive that, he should be satisfied that they were honest. She received the Interest, and then desired me to go with them to Lyon's, and bring her 300 l. for them, and I went with him to a Banker's and he paid me for them directly.

Coun . What Day did you sell these Bonds to Lyon?

Bradshaw. It was on the 6th of April.

Mr. Sedgewick . The Premium at that Time was upwards of 4 l. so that there was 12 l. lost by them.

Bradshaw . The Numbers were 11734, 36, and 37, and she desired me to get her 300 l. for them. She had a Man with her whom she called Husband, and I said it was a Wonder she troubled herself with these Bonds, and she said she could not trust her Husband with them.

Coun. What sort of Money did Lyon pay you the 300 l. in?

Bradshaw . It was in three Pound twelves, and Thirty six Shilling pieces.

Coun. to Mrs. Alexander. You say you saw the Money taken out of the Prisoner's Box, what pieces were they?

Alexander. They were 3 l. 12 s. and 36 s. pieces.

John Roberts . I apprehended the Prisoner.

Coun . Give an Account of what she said at that Time.

Roberts. I was sent for about 5 o'Clock in the Evening to the George Inn, in Aldersgate Street, and took Charge of the Prisoner. She would not own any Thing 'till Bradshaw came, and then she began to squeek, and said to Mrs. Alexander, '' Patty, I '' always had a Value for you, and I can give you '' above 200 l. of the Money back again.'' She said the Money was at a Relation's of hers, who was a Distiller in the Maze, Southwark. Then her Box was fetched from thence and brought to the White Lyon in Aldersgate Street, and the Prisoner broke it open herself with a Poker. There was about 250 l. in the Box, and the Attorney asked her if it was the Property of Mrs. Alexander, and she said it was.

Coun. Did she say it was the produce of these Bonds?

Roberts. Yes, and that it was all that was left, but she would make Satisfaction for what she had spent when it lay in her Power.

Prisoner. Did I break the Box open, or Mrs. Alexander?

Roberts. She sat near the Fire, and rose up, and broke it open herself.

Prisoner. Ask Mrs Alexander who broke the Box open?

Mrs. Alexander. At first she said the Box should not be broke open, but afterwards she took the poker out of the Fire, and I broke it open myself with her Leave.

Roberts. The Prisoner broke it about half open?

Mr. Webb. I belong to the East India House.

Coun . You know the Numbers of those Bonds, who appears to have received the Interest on them?

Mr. Webb . As near as we can tell by the writing, (for it is very bad) the Interest was received in the Name of Ann Eadey on the 6th of April.

Prisoner. A Boy picked up these Notes in the Coal-hole and gave them to me.

Elizabeth Stokes . I was at the Death of Alexander's Uncle, Mr. Way, and I was attentive (attended) in the Way of my Business on Mrs. Way: she was not capable of looking after her own Business, but was taken to drinking, and I have known he to go to the Bottle 14 or 15 Times in an Hour When Mr. Way was dead, the Brewer came and got Mrs. Way when she was not in her Senses to go, and he administered to her Husband's Will, whereof after they had led the old Woman up in Ignorance for 3 or 4 Days, they brought an Execution into the House; and there was a Country Boy that was a Servant there one Day called me, and said he was afraid his Mistress was dead, whereof I got up, and the Woman was as good as dead indeed, but we smoked a Pipe of Tobacco under her Nose and brought her to herself: whereof she had another Fit, and then the Kinswoman, as I may call her, went to Mrs. Way's pocket Apron and took out the Key of the Chest: then she opened the Chest, and took out 14 or 15 l. 2 silver Spoons, and a Ladle; then she took a Tin Box, and took out of it something which I could perceive was a Bond. She then went to another great Chest, and took a Box of Silver Pence, and went away. She came in again soon afterwards, and took some other Things away, and two more papers out of the Tin Box; whereof she came to me afterwards, and said, that Mrs. Reason had stole the Things which I saw her take out of the Tin Box, and she would hang her, if there was not another Woman in the World.

Coun. Are you sure there was an Execution in the House?

Stokes. Yes, Mr. Maydon brought it in, while I was in the House.

Coun. What do you call an Execution?

Stokes. Indeed I can't say, - but I know, when the Execution was brought in, Mrs. Alexander fill'd her pockets with Money. Mr. Way is dead, and after her Husband's Death, there was a false Will made, and I was a Witness to it.

C. to Alexander. When did your Aunt die?

Alexander. I can't justly tell the Day of the Month, but she was buried on St. Mark's Day, and died the Wednesday before. Mr. Way died the 23d of March.

Daniel Hatton . I lived at Mr. Way's. My Master died on Friday and the Sunday following, I was sent down into the Cellar, for a Shovel of Coals, and found some papers in the Coal-hole , and gave them to the Prisoner.

Coun . How came you to give them to the Prisoner?

Hatton. I don't know what they were, for I can neither write nor read: - I thought they might serve to light pipes of Tobacco. I know nothing, but that I pick'd them up.

Jury. What sort of papers were they?

Hatton. They were 3 single papers, like Letters.

Jury . Were they written on both Sides?

Hatton . I can't tell.

Jury. Was there any Seal upon them?

Hatton. I believe there was , but I can't be positive.

C. to Alexander . Did the Prisoner live with your Aunt?

Alexander. She lodged there 2 Years, and was a Servant at the Death of the Man, but not at the Death of the Woman. She paid 2 s. a Week for her Lodging, and used to work for 2 s. 3 d. a Week, because there was a Score between them.

C. When did you put these Bonds into the Coal-hole?

Alexander. On the Saturday Morning.

C. How long was this after your Uncle died?

Alexander. It was the Saturday after he died; and I missed them the Sunday following. I asked Hatton about these papers , and he said he had not seen any; and the Prisoner said the same.

Q. to Maydon . Did Hatton ever tell you, that he took these papers out of the Coal-hole?

Maydon . No, he never pretended any such Thing. The Prisoner denied she had seen them, 'till Bradshaw came; and then she said the Boy gave them to her.

Hatton. As soon as I picked them up, I gave them to the Prisoner; she was then standing at the Coal-house Door.

The Jury acquitted the Prisoner of the stealing out of the House, and found her guilty of the Felony only .

[Transportation. See summary.]

28. John Williams , was indicted for stealing a pair of Leather Shoes , the Goods of John Noon .

The Prosecutor not appearing, the Prisoner was acquitted .

John Lupton , was indicted for stealing (with Alexander Flack , not taken) a Cambrick Pinner and Coif, a Cambrick Handkerchief, 2 Children's Night-caps, a Muslin Handkerchief, and divers other Goods, of Charles Jephson , in his Dwelling-house , March 3 . And

29. Margery (the Wife of Richard) Bunce , for receiving the same, knowing them to be stolen .

John Lowther . On the 3d or 4th of last March, between 8 and 9 at Night, the Prisoner, and I, and Alexander Flack , went into Wine-Office-Court, in Fleet-Street . We saw a Maid washing a House there , and she went down Stairs for a pail of Water, and left the Door open. Flack, seeing the Door open , said, there was a Chance , and thought there had been no body in the Room: They bid me go in; so I went through the parlour into the Kitchen, where there were 2 Children at play by the Fire-side . There was no Candle in the Room, and I happened to put my Hand up just at the Corner of the Room, and felt a Bundle of Linen, which I took away; and the Maid coming up with the Water, we all ran away, as fast as we could to the Prisoner Bunce's, in Green's Rents by Fleet-Ditch . As I was coming through Bride's-Alley , I dropped some of the Linen, and met Bunce ; she said, I was in a great Hurry, not to stay to pick it up, and so she took it up herself, and followed me to her House. When we came there, we went up into her one pair of Stairs Room, and looked over the Things; there were laced Caps, laced Handkerchiefs, Shirts, Caps and Aprons, and she said, they were all Rags, and worth but a Trifle ; so she gave us 7 s. 6 d. for them, and we shared it amongst us.

Charles Jephson . About the 3d of March, I was out, and when I came Home, my Wife informed me, we had been robb'd of some Linen, while the Maid was gone for a Pail of Water. Upon this, I printed some Bills, but heard nothing 'till I saw Lowther's Information , in which was this Robbery. I went to him in Bridewe , and he gave me exactly the same Account of it as he has now.

C. to Lowther . What Things were there in the Bundle?

Lowther. There were a great many Caps, but I did not understand the Names of the Things; for Bunce snatched them out of my Hand , and said, they were all Rags.

Martha Kempster . I know that the Prisoner Bunce bought this Linen of Lupton , Lowther, and Flack, at her House in Green's Rents. When Lowther brought the Bundle up Stairs, it was opened , and there were two ruffled Shirts in it, a laced Pinner and Coif, and a laced Handkerchief about two Fingers bread . There were a great many other Things, and she gave them 7 s. 6 d. for them all; but I believe they were worth at least between 4 and 5 l. She told me, she had bought a great many Things of them, but this was the best Bargain that she ever had.

Jury. Did you see the Money paid?

Kempster . Yes, she pulled out a green Purse, and gave them five Shillings, and the rest in Six-pences.

Elizabeth Jephson . I happened to go out to my Mother's, and when I came home, those Things were gone: I took them off the Lines myself before I went out, and tied the small Things up in a Handkerchief, and put them into the other Bundle.

Kempster . They were in two Bundles when they were brought in. The Pinner and Coif, the Handkerchiefs and other small Things were in one Bundle , and the rest in another .

Elizabeth Colombine . I am Mr. Jephson's Servant. I was washing the House that Day, and went down Stairs for Water, and when I came up again, I missed the Linen off the Dresser in the Kitchen.

Sarah Bartlet confirmed Mary Kempster 's Evidence.

The Jury found both the Prisoners guilty .

[Transportation. See summary.]

30. Hannah Wilson , alias Johnson , alias Mary (the Wife of William) Scut , was indicted for stealing a Silver Pint Mug, a Silver Tankard, and 4 Pewter Plates, the Goods of John Abel , in his Dwelling-House ; May 2 . Guilty 39 s.

[Transportation. See summary.]

31. Joseph Miller , was indicted for stealing a Copper Tea-Kettle, value 4 s. the Goods of Erasmus Delafield and Timothy Mathews ; May 12 . Guilty .

[Transportation. See summary.]

32. Richard Rotherford , was indicted for stealing 28 pounds of Hemp, value 6 s. and 100 pounds weight of Flax, value 1 l. 8 s. the Goods of Persons unknown, in the Warehouse of Charles Bailey , William Reeves , and others; April 29 . Guilty 4 s. 10 d.

[Transportation. See summary.]

33. Ann (the Wife of John) Pratt , was indicted for stealing 2 Damask Napkins, value 2 s. the Goods of Matth.ew Lestevener ; March 20 . Acquitted .

34. Anthony Nichols , was indicted for stealing a Bed-Quilt , value 4 s. the Goods of Margaret White ; April 9 . Guilty 10 d.

[Transportation. See summary.]

35. Sarah Martin , was indicted for stealing a Brass Candlestick, value 3 d. and a Box-Iron and Heater, value 6 d. the Goods of Ann Butler ; April 3 . Acquitted .

36. James Gardner was indicted for stealing 4 Guineas, the Money of Mary Barnes , in the Dwelling-House of Thomas Keynton ; April 15 .

Mary Calder . I am Servant to Mrs. Barnes , and this Money was left in my Care. About 3 Months before this Money was missed, my Mistress told it over herself and locked it up, and then there were 25 Guineas, which she desired me to take particular Care of. On the 15th of last Month , I got up in the Morning to go to be blooded, and left my Mistress a-bed; the Prisoner, who was an Apprentice in the House where my Mistress lives, let me out, and went over Tower-Hill with me, and said he would meet me as I came back , but he did not. When I came back, my Mistress's Curtains were pinn'd together, which gave me a Suspicion that some body had been in the Room, so after Dinner we looked over the Money and missed 4 Guineas. I can't swear who took the Money , but afterwards 4 Guineas were found in the Prisoner's Box, and we thought no one could take it but him.

Thomas Keynton . I am a Barber and the Prisoner is my Apprentice. Mrs. Barnes missing some Money , and I hearing that the Prisoner had a private Key to my Door, I got a Constable, and took him up Stairs and asked him about the Key; at first he denied that he had any, and then I asked him about the Money, but he would not own that he knew any Thing of it, so I ordered my other Man to bring up the Prisoner's Box into the Room, and when he found that I would search it, he called me aside, and owned that he had taken 3 Guineas, and no more.

Prisoner. Had I not more Money in my Box when it was opened?

Keynton . Yes, there were 4 Guineas in Gold, and 7 s. in Silver.

Prisoner. I don't know but I might say, that I took Mrs Barnes's Money; but I was so frighted, that I did not know what I did.

John Hodges . I was the Constable. I can only say, that Keynton asked the Prisoner about this Affair, and told him if he knew any thing of it, and would own it, it might be better for him, and then he owned, that he had taken 3 Guineas.

Richard Brooker . The Prisoner came frequently to our House for Wigs, and I never observed any thing amiss in him.

James Walton . I have known the Prisoner from his Infancy, and never heard but that he was a very sober Lad. He sued out his Indentures some Time ago, but was prevailed on to go to his Master again; and since that Time, I believe, he has been too rigid with him.

Robert Pancridge . I have known the Prisoner's Friends for these 20 Years past, and never heard any thing against them.

John Haines . I know the Prisoner to be a very sober young Man, and never heard, but that he behaved himself very well.

James Gardner . I am his Father; - I know nothing of the Affair that they alledge against him. Acquitted .

37. Mary Stanton , was indicted for privately stealing 23 s. in Money, from the Person of Nicholas Ragg ; May 3 . Acquitted .

38. Thomas Whynyard , was indicted for privately stealing a Cambrick Handkerchief, value 2 s. the Goods of Leonard Hammond , Esq ; from his Person ; April 17 . Acquitted .

39. Melicent Pierce , was indicted for stealing a Shift and an Apron the Goods of John Woods , and a Shift the Goods of Mary Goddard , April 27 . Guilty 10 d.

[Transportation. See summary.]

40. Proctor Anderson , was indicted for privately stealing a Silk Handkerchief, value 18 d. the Goods of Francis Hooker , from his Person ; May 12 . Guilty 10 d.

[Transportation. See summary.]

41. Susan (the Wife of Aaron) Walton was indicted for stealing 7 Linen Aprons, a Linen Sheet, a Linen Table-cloth, 3 Shifts, and a Silver Tea Spoon , the Goods of Archibald Cunningham ; April 22 . Guilty 10 d.

[Transportation. See summary.]

42. Margaret Clements , was indicted for stealing a Linen Shirt, a pair of Cambrick Ruffles , a Cambrick Hood and other Things , the Goods of William Sherringham and others; April 14 . Guilty 10 d.

[Transportation. See summary.]

43. 44. Samuel Carpenter , and Sarah Martin were indicted for stealing a Hat, value 10 s. a Peruke value 10 s. and other Things, the Goods of John Meakins in the Dwelling House of Mary Wallis , May 11 . Carpenter acquitted , Martin Guilty 4 s. 10 d.

[Transportation. See summary.]

45. Mary Williams , was indicted for stealing 9 Guineas, 6 Tea Spoons, a pair of silver Tea Tongs, and a Strainer , the Goods of Edward Davis , April 31 . Acquitted .

46. Elizabeth Matthews , was indicted for stealing a Linen Frock and other Things , the Goods of Peter Eaton , April 25 . Guilty .

[Transportation. See summary.]

47. Elizabeth Norman , was indicted for stealing a Moidore, a 36 s. piece and 9 s. 6 d. the Money of James Binfield , in his House , April 28 . Guilty 39 s.

[Transportation. See summary.]

48. James Freeman , was indicted for stealing 12 Yards of Linen Cloth, and other Things, the Goods of Isaac Aurian , in his House ; April 26 . Guilty 39 s.

[Transportation. See summary.]

49. Mary Clark was indicted for stealing a Linen Gown, a Camblet Gown and other Things , Goods of Samuel Hubbard . April 23 . Guilty 10 d.

[Transportation. See summary.]

50. Salisbury Gillan , was indicted for stealing 6 s. the Money of Margaret Willis , April 21 . Guilty .

[Transportation. See summary.]

51. 52. Sarah Marshal , and Thomas Freeman were indicted for stealing a Woman's Stuff Gown, and a Callimanco Petticoat , the Goods of Edward Page . April 12 . Marshal Guilty , Freeman, Acquitted .

[Transportation. See summary.]

53. John Row , was indicted for stealing 6 Handkerchiefs, and an Ell of checquered Linen , the Goods of Susannah Willis . April. 15 . Guilty 10 d.

[Transportation. See summary.]

54. Elizabeth Broadbridge , was indicted for stealing 6 Ounces of Gold Fringe , the Goods of the Church Wardens of the Parish of St. Lawrence Jewry ; April 26 . Acquitted .

55. East Crump , was indicted for stealing 2 lb. of Tobacco, value 16 d. the Goods of William Whitaker ; May 1 .

Mr. Whitaker. The Prisoner work'd for me in my Warehouse, and having lost very large Quantities of Tobacco, I told my Clerk, I could not go on in this Manner, for either the Thieves must be detected, or I must quit my House. On this Day sev'night some of my Men were at the Water Side, and I went to a Neighbour's House, where I had not been long before the Prisoner came to the Gate, and was followed presently by 2 others: Upon this I stepp'd up to them, and asked them where they were going? They said, to get some Beer. I desired them to go back again, and they seemed a little surprized. I took them into the Compting-house, and told them I had lost above 500 lb. worth of Tobacco since they had worked for me, and should be very glad to find that they were honest, but I must search them. They denied that they had any Thing about them, but on my searching them, I found on each of them, at least 6 lb. of Tobacco squeezed down in their Breeches. Guilty .

Richard Nash and Benjamin Twist were indicted for the same Offence, and the Evidence against them being the same as against the former Person, they were found Guilty .

[Transportation. See summary.]

56. Joshua Pregual , was indicted for stealing 2 Brass Candlesticks the Goods of William Berwick Guilty .

[Transportation. See summary.]

57. Mary Boseley , was indicted for stealing a Linen Shirt, and other Things, the Goods of Samuel Gold in his House . Guilty 39 s.

[Transportation. See summary.]

58. Joseph Baker , was indicted for stealing 7 Bushels of Coals , the Goods of Thomas Daniel Acquitted .

59. Mary Gray , was indicted for stealing a Gold Ring , the Goods of John Ludlow . Guilty .

[Transportation. See summary.]

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

Received Sentence of Death 6.

Elizabeth Bennet , John Lupton , Thomas Ruby , Francis Piggot , John Johnson , and Richard Baker .

Burnt in the Hand 1.

Vincent Simmonds .

To be whipped 2.

Anthony Nichols , and Margaret Clements ,

To be Transported 31.

Sarah Jacobs , Thomas Burges , Elizabeth Roberts , Proctor Anderson, William Sykes , Hannah Wilson , Stephen Thompson , Edward Weedon , Joseph Miller , Richard Rotherford , Susan Walton , Elizabeth Matthews , Thomas Meek , Elizabeth Norman , Sarah Martin , James Freeman , Mary Clark , Salisbury Gillan, Sarah Marshal , John Row, East Crump , Richard Nash , Benjamin Twist , Amy Gray , George Chiverton , Charles Saunders , Mary Bunce , Melicent Pierce, Joshua Pregnal , Mary Bosely , and Mary Gray .