Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 September 2014), February 1742 (17420224).

Old Bailey Proceedings, 24th February 1742.

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

WEDNESDAY the 24th, THURSDAY the 25th, FRIDAY the 26th, and SATURDAY the 27th of FEBRUARY,

In the 15th Year of His MAJESTY's Reign.

NUMBER III. for the YEAR 1742.

BEING THE Third SESSIONS in the MAYORALTY OF THE

Right Honble Sir Robert Godschall , Knt. LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed and Sold by T. PAYNE, in Bishopsgate-Street, near the South-Sea-House. M,DCC.XLII.

(Price SIX-PENCE.)

THE PROCEEDINGS AT THE

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

BEFORE the Right Honourable Sir ROBERT GODSCHALL , Knt. Lord-Mayor of the City of London; Mr. Baron CARTER ; Mr. Baron AENEY ; Mr. Justice BURNET; 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.

John Hague ,

Samuel Knight ,

Edward Aldridge ,

Joseph Saunders ,

Richard Pargiter ,

William Williams ,

John Ruffin ,

James Adams ,

James Harrison ,

William King Hartley ,

William Gerrard ,

William Kirke .

Middlesex Jury.

Thomas Harris ,

Richard Johnson ,

* Joseph Goodman ,

* Richard Cowling was sworn on Saturday in the Room of Mr. Goodman.

Daniel Harrison ,

John Burton ,

Richard Knightsbridge ,

Nathaniel Simpson ,

Samuel Sommers ,

Roger Waldron ,

Increase Beale ,

George Moore ,

Joseph Vaines .

The Trials of the five following Persons having been omitted in the last Sessions-Book for want of Room, they are here inserted to obviate any Surmise that they were left out with any Design or sinister View whatsoever.

+ 58. George Lander , of St. Leonard Shoreditch , was indicted for stealing a Silver Tankard, value 7 Pounds, the Goods of Hearsay Broomhead , in his dwelling House , October 7th .

This Mark + is prefixed to such Indictments on which the Prisoners would receive Sentence of Death, should the Jury find them guilty, which will in this and many other Cases account for the Jury's either finding the Value of the Goods to be less than is laid in the Indictment, or abating the Charge.

By an Act of the 15th of his present Majesty any Person convicted of stealing any Sheep or other Cattle, or feloniously killing any Sheep, with Intent to steal any Part of the same, must suffer Death, as Persons convicted of Felony, without Benefit of Clergy.

The following are likewise capital Offences.

Privately stealing above the Value of 1 Shilling from the Person.

Stealing the Value of 5 Shillings out of a Shop, Warehouse, Coach-house or Stable.

Stealing the Value of 40 Shillings out of a dwelling House.

Hearsay Broomhead. On the 7th of last October, the Prisoner and another came to my House, and drank a Tankard of Beer. He (the Prisoner) staid about 2 or 3 Hours, and then took an Opportunity to go off with the Tankard.

Q: Did you see him take away the Tankard?

Broomhead. No; but I advertised it; and about a Week afterwards, a Person came and informed me, that he had pawn'd it in his own Name for four Guineas; and we went and found it accordingly at this Woman, Mrs. Snelling's House. The Tankard had been pawn'd there, but it was taken from thence to another Place where I found it.

Q. When did you first miss your Tankard?

Broomhead. Within half an Hour after the Prisoner was gone.

Q. Were there any other People drinking with him?

Broomhead. Yes, but they went away before him.

Q. Are you sure the Tankard you missed was the Tankard they were drinking out of?

Broomhead. Yes, this is the Tankard; it is old sterling, and cost me 8 l. 2 s. 9 d.

Prisoner. I have spent a great deal of Money in his House, and have lodged in his House. Ask him if I ever wrong'd him of any Thing in my Life?

Broomhead. He did lodge in my House now and then a Night, when he has been late about Business. I can't charge him with any Thing, 'till this Affair, and I am sorry I can do it now.

Elizabeth Snelling . On the 7th of October, the Prisoner came to our House with another Man to recommend him, and desired to have 4 Guineas on a Tankard. I accordingly lent him the Money, and if he had asked for more, I should have lent it him. The next Day, the other Man's Wife came, and desired to have the Tankard. I scrupled it, and said, it was not usual to deliver Goods, but to the Persons that brought them, upon which she went away. She soon afterwards returned with another Person, who was to lay down the Money for it; but I still insisted on seeing the Person that brought it; upon which, she went and fetched me a Note, sign'd George Lander . I can't tell whose Hand it was, because I never saw the Prisoner's writing, and upon that Account, I would not let her have the Tankard. She then fetched her Husband, and I delivered it to him, upon the other Man, Swanson's laying down the Money for it.

Prisoner. I pawned the Tankard at her House for 4 Guineas.

Thomas Snelling . I never saw the Prisoner till the Day he was taken up, which was the 4th of this Month. There came three Watchmen to my Mother's, to know whether the Prisoner had not pledged a Tankard with us. I told them we had had such a one, but it had been redeemed. I went with them to the Prosecutor's House, and found the Prisoner there in Custody of an Officer with several other Persons; and I heard him confess, that he stole the Tankard, and (he said) he would tell no Lies.

Q. How came he to say so much?

Snelling. I asked him when he came into the Room, and he directly own'd it, and said, he would tell no lies; he likewise confess'd, that he pledg'd it at our House the same Evening that he stole it.

Daniel White I am a Shoemaker, and lodg'd at Swanson's House. Mr. Martin came to me, and informed me, he had got a Piece of Plate at 2 Pawnbroker's, who, he believed was not in good Circumstances, therefore desired me to prevail on my Landlord to lay down the Money for him, that he might redeem it. I think he said, it was in for 4 Pounds or 4 Guineas, I can't tell which. My Landlord agreed to take it out, and they went away together, and in a short Time Swanson returned with the Tankard.

Lawrence Swanson . Martin and his Wife came to my House, and begg'd of me to lay down 4 Guineas to fetch a Piece of Plate out of Pawn, being desirous to put it into better Hands. Accordingly I went with Mrs. Martin, and she took out the Tankard, and directly pledged it at another Place, and returned me my Money.

George Wood . I live with Mr. Bonner in Aldersgate-Street. About the 23d of last October, my Master called me down from Work, and told me, I must go with one Mrs. Allen, to fetch a Tankard out of Pawn from Mr. Smith's. It was pawn'd for 5 Guineas, and we fetched it out, and my Master lent 6 l. 10 s. on it.

Woodfield Walker. I have known the Prisoner seven or eight Years. I knew him when he set up for himself, and have bought Shoes of him several Times. I never heard of his wronging Man, Woman or Child.

Thomas Cross . I have known the Prisoner fourteen Years, and never heard no (any) Crime against him till now, and what it is now, I know not.

John Haines . I knew him in his Apprentice-ship. His Master lived in the Neighbourhood, and I never heard any Thing amiss of him till now.

Another Thomas Cross . I have known him 6 or 7 Years: He has made Shoes for me, and my Family, and I never heard a Word of Ill of him on no Account.

Richard Edwards . I have known him 7 Years, and never heard any Ill of him before: He always bore a very good Character as far as ever I heard.

Edward Follit . I have known him seven or eight Years, and never heard any Ill of him, or knew him to be guilty of any Crime: I was a Neighbour to him.

The Jury acquitted the Prisoner of the stealing out of the Dwelling House, and found him guilty of simple Felony.

[Transportation. See summary in Proceedings of 15 January 1742.]

59, Henry Albut , was indicted for stealing 24 Knives, with Silver Handles, value 6 l. the Goods of James Dormer , Esq ; Dec. 9 Guilty .

[Transportation. See summary in Proceedings of 15 January 1742.]

60. + Daniel Redtup , was indicted for privately stealing 40 lbs. of Iron, value 7 s. the Goods of Thomas Wagg , in his Shop . Dec. 23 , Guilty 4 s. 10 d.

[Transportation. See summary in Proceedings of 15 January 1742.]

61 Samuel Oldbury , was indicted for stealing 16 Silver Links for Buttons, 5 Silver Studs, and a Silver Seal , the Goods of Edward Carter , Jan. 5 . Guilty 4 s. 10 d.

[Transportation. See summary in Proceedings of 15 January 1742.]

62. + Sarah Wherley , alias Collet , was indicted (with Asary Stanford, and Alice Waters , not taken) for assaulting Edward Watson in the Dwelling-House of Alice Waters , putting him in Fear, &c. and taking from him a Silver Stock-buckle, a Stock, a Handkerchief, a Pair of Worsted Gloves, and 16 d. in Money , Jan 11 . Acquitted .

+ 1, 2. Alexander Afflack and John Lowdon , of St. James, Westminster , were indicted for breaking and entering the Dwelling-house of Andrew Stock , about 8 at Night, and stealing 12 pair of silver Shoe Buckles, 3 pair of silver Knee Buckles, 60 pair of Pinchbeck metal Buckles, 4 Gold rings set with doublets, 5 silver Stay hooks set with Bristol Stones, 1 Gold Ring, 5 Gold Rings set with Garnets, 50 Pinchbeck Metal Rings, 2 pair of Chrystal Buttons set in Gold, 36 silver Thimbles, 20 Pinchbeck Metal Thimbles, a Pocket Book, one Ivory Pocket Book, a Tortoiseshell Pocket Book, an Egyptian Pebble Snuff-Box, a silver Coral with 8 Bells, 1 silver Stock Buckle set with Bristol Stones, and 5 Glass Smelling Bottles with Pinchbeck Metal Collars and Stoppers, the Goods of the said Andrew Stock , Jan. 15 .

Catherine Stock . On the 15th of Jan. about 8 at Night, I was sitting just by my Parlour-Door with a Child in my Arms, and saw three Persons pass by the Shop and look in very often. I had 3 Shew Glasses standing within the Window, and in a few Minutes I saw Afflack put his Hand on the Window Frame. I did not see it lift up then, but presently I saw him draw the Shew Glass away, in which were all the Goods mentioned in the Indictment, and a great many other Things that I can't recollect. It stood within the Window, and the Shop Door was bolted.

Pris. Afflack. Please to let Jack Berry the Thief catcher be called into Court, and you will find that I am to be hang'd only for the Sake of the Reward.

Mrs. Stock. Lowdon acknowledg'd before Mr Deveil that Afflack was the very Person that carried them off; that the other Person was one Smith, and that he (Lowdon) had sold my Goods to 2 Jews in the City for 15 Guineas.

Pris. Q. Where was you when the Shew Glass was taken away ?

Mrs. Stock. I sat just at the little Door that opens into the Parlour.

Pris. Q. You have sworn to Afflack, did you know him before he was taken up?

Mrs. Stock. I never saw him before that Night, but I look'd so earnestly at his Face, that I knew him when I saw him again.

Pris. Q. How came you to discern so particularly as to distinguish Afflack ?

Mrs. Stock There was a Lamp at the Door, and a Candle in my Shop, and I sat with my Face towards the Shop.

Q. Are you a married Woman?

Mrs. Stock. Yes, - my Husband's Name is Andrew Stock .

Mary Westbury . I was going to Mrs. Stock's with a Child's Coat and Skirt, and saw Afflack standing with his Hand upon the Post by the Door, and another Man in a blue Coat with his Back against the Wall.

Q. Did you hear Mrs. Stock complain of being robb'd?

Westbury. I was not in her House then, but my Mistress went to her, and Mrs. Stock told her she had been robb'd.

Pris Q. Did Mrs. Stock enquire of you whether you had seen any Body about her Shop?

Westbury. Yes, and I described Afflack and another to her, but I saw three Men in all.

Pris. Q. Has not one Burt had some Talk with you about this Affair?

Westbury. Burt never said any Thing to me about it.

Mr. Deveil The Evidence of Mrs. Stock and the young Woman (Westbury) is verbatim the same as before me. Mrs. Stock then swore positively to Afflack, but as to the Confession of Lowdon, he said he knew who had taken the Goods, but did not say that he was there.

William Stapleton . I was at Mr. Deveil's when the Prisoners were examined, and heard Lowdon say he was concern'd in taking the Shew Glass away, and Afflack and another Man were likewise concern'd in carrying it off; Lowdon mentioned something of a pair of Silver Buckles which the other Man took away with him.

Q. to Mrs. Stock. Do you remember any Thing that was declar'd by the Prisoners before the Justice?

Mrs. Stock. Yes, they said there was a pair of Silver Buckles with Roses and Diamonds, which one Smith then had in his Shoes.

Werwood Barret. I happen'd to be at Colonel Deveil 's, and to the best of my Knowledge heard Lowdon say, what Afflack was the Man that carried away the Things .

Andrew Stock . In Regard to the shutting of the Shop, I shut it myself, and when the Prisoners were before Mr. Deveil, Lowdon was willing to be made an Evidence, with this Proviso, that I should have my Goods again. He accordingly inform'd me that they were sold to two Jews, Aaron Polock and Moses Brew , who lived in Shoemaker Row, near Aldgate, and that he ( Lowdon ) had 15 Guineas for his Part of the Goods. Upon this I got a Warrant and proper Assistance to search, but did not find any of them again.

Q. Did Lowdon confess the selling your Goods to those Jews?

Mr. Stock. Yes; he said he had 15 Guineas for his Share, but they sunk some of them, and the Jews had got every Skin of them, (that was his Expression ) and the other Man (Smith) had got a pair of my Buckles with Roses and Diamonds in his Shoes.

Q. Where did he tell you this?

Mr. Stock. In the back Room - not in Mr. Deveil's hearing.

Mr. Deveil. Mr. Stock declar'd before me, that nothing that Lowdon had said should hurt him, except he was admitted an Evidence.

Mr. Stock. I made no such Proposition to him: Mr. Deveil mentioned it to him, but I did not. Mr. Deveil said, you shall be admitted an Evidence, with this Proviso, that Mr. Stock can get his Goods again.

Pris. Q. Did you contradict Colonel Deveil when he said that?

Mr. Stock No, I did not, because I was in Hopes of having my Goods restor'd to me.

Edward Simpson . About a Quarter after 8 at Night, I saw 3 Men at the Back of Burlington-Gardens, I heard one of them say, Why don't you help him up with it? and then they went off, and left an empty Shew-glass behind them. As to their Persons, two of them were pretty short Men, and it being dark, two of them seemed to be in blue Coats, and the other was in a white Coat.

John Burt . I went in the Coach with the Prisoners from Mr. Deveil's to the Gatehouse. Afflack denied that he knew any Thing of the Affair, but said to Lowdon, John! make yourself an Evidence, save your own Life and don't mind me, for I am a dead Man.

Afflack I told him the Woman had sworn wrongfully against me, and he might do the same. On Sunday Morning was three Weeks, I was taken out of my Bed, and carried to Mr. Burt's House. They fetch'd six or seven Quarterns of Gin, and Jack Burt ask'd me to be an Evidence; I told him it was not in my Power, upon which he pull'd out a long Cutteau Knife, and swore he would keep me in the House till he hang'd me, unless I would make myself an Evidence.

A Witness. I being Watchman to Mr. Burt, he charged me to assist him with these Prisoners down to the Gatehouse; and I heard Mr Afflack say to Lowdon, make yourself an Evidence, and put me in the Information to save your own Life!

DEFENCE.

Sarah Bradbury . Mrs. Stock came to my House about six Weeks ago, and asked me for the Constable. I told her I was his Wife, and called him to her. He asked her what she came about? and she told him she was recommended to him by Justice Trent. She said she was undressing her Child in the back Room, and heard the Sash throw up. She then threw the Child out of her Arms, and ran into the Shop, and saw no Body at all; that she immediately went to her next Door Neighbour and told him the Story; and they went away together to Justice Trent, who recommended her to my Husband.

Q. Did she talk very loud to your Husband?

Bradbury. She talked so loud that six or seven People more in the House heard her, and I have them all here. She said after the Glass was taken away she saw no body.

C. That she says now.

Bradbury. She told my Husband, neither before nor after.

Mrs. Stock. I never was before Mr. Trent in my Life.

Mr. Stapleton. I am next Door Neighbour to Mrs. Stock, and when this Robbery was committed I was not at Home. I never was before Mr. Trent.

Mr. Stock. It was I that got the Warrant from Mr. Trent myself.

Francis Weaker . I heard Mrs. Stock say she had been robb'd of a Shew-glass, and that she had been at Mr. Bradbury's. I ask'd her if she had been at Mr. Lovet's, for there perhaps she might see some of them, and she said she did not know who they were, but she had been inform'd one of them was a short Man, and the other a tall Man.

A Witness. I was at Bradbury's when Mrs. Stock came in, she told him she was recommended by Justice Trent, and that she had lost her Shew-glass, but she was in the back Room dressing the Child, and could not see any Body. Why then (said Bradbury ) how can I take them, if you can't describe them to me?

- Ship About six Weeks ago, I happen'd to be drinking at Bradbury's after I had done Work, and a Woman came in and said she had lost a Shew-glass. He asked her where she lived? she said over-against Major Foubert 's, and that she had no Warrant, and did not know the Men.

A Witness. I was drinking a Pint of Beer at Bradbury's, and a Woman came in, and said she had been robb'd of a Shew glass; and she said that ( as how ) she was in the back Room dressing the Child. - I did not hear Justice Trent named, for I gave no Ear to it.

A Woman. Alexander Flack and his Wife lodg'd at my House, and he paid me Rent very honestly, and during that Time I never heard no Harm of him.

Lowdon. I have nothing to say but that I am Innocent, and Jack Berry the Thief-catcher has trump'd up this Story.

A Witness. I come for that Gentleman, Mr. Flack. I was at Bradbury's when the Woman came in, and he asked her if she knew the Person that stole the Shew-glass; she said no, for she was in the back Room undressing the Child.

- Bradbury. This Gentlewoman came to my House, and said she had been robb'd of a Shew-glass worth 40 l She said she did not see any Body in any shape whatever, and that Mr. Trent recommended her to me.

Afflack Guilty Death . Lowdon acquitted .

3. Ann Stevens , was indicted for stealing a Silver Buckle, value 5 s. the Goods of James Skeen , Feb. 15 . Guilty 10 d.

[Transportation. See summary.]

4. John Fryer , was indicted for stealing a pair of Leather Shoes, value 5 s. the Goods of Thomas Phithian , Feb. 18 . Guilty 10 d.

[Transportation. See summary.]

5. Elizabeth Gibbons , was indicted for stealing a Cloth Coat, a Cloth Waistcoat, a pair of Cloth Breeches, 3 Linnen Shirts, a silk Scarf, a pair of Worsted Stockings, and a silk Handkerchief, the Goods of William Coatsworth ; 3 Shirts, 2 Pillowbiers, and a Napkin, the Goods of Michael Gibbons , Dec. 7 . Guilty .

[Transportation. See summary.]

6. Alice Rackett , was indicted for stealing 3 Yards of Cotton, value 3 s. 6 d. the Goods of William Upmore , Feb. 9 . Guilty, 10 d

[Transportation. See summary.]

+ John Lowdon , of St. Paul's Covent Garden , was indicted for privately stealing a silver Watch, value 40 s. from the Person of William Payne , Jan. 13

William Payne . I don't swear to the Prisoner, because I was in Liquor when I was robb'd, but I can swear to my Watch. He own'd that he robb'd me of it, and here is the Person he pawned it to. It was on the 13th of January, between 1 and 2 in the Morning, I had been with some Friends at the Brown Bear in Bow-street, about some Business, and when I parted with them I went into Earl's-Court , and was robb'd of my Watch: my Hat was likewise taken away and carried about 20 Yards, and then thrown into an Area. After they had robb'd me, some Friends took me Home, and then I missed my Watch.

Q. You mention they, were there several Persons there?

Payne. Yes, I believe so.

Q. Who was with you, that you say they took your Watch?

Payne. Only the Prisoner and the Evidence Gilson, as he informs me.

Pris. Ask him whether he ever knew, or saw me before?

Payne. Not to my Knowledge.

James Gilson . I know the Prisoner very well; he lived Fellow-Servant with me at Spring-Gardens, Vaux-Hall, and was turn'd away from thence about three Summers ago. He and I were at the Gaming Table in Vinegar Yard together on the 13th of Jan. playing at a Game card Reds and Whites; - it is a House kept by one Mitford. After the Gaming was done, which was about 12 o'Clock at Night, we went to a Night-house, the Brown-Bear in Bow-street, and having brought myself very low, design'd to sit up there all Night. Lowdon told me I might be at his Lodging, upon which we both went out, and just at the Corner of Earl's-Court this Gentleman Mr. Payne, lay quite down upon his Back. When we had got about two Yards past the End of the Court, Mr. Payne groaned, and I said to the Prisoner, Jack! I'm afraid here's a Man dead! I set him up against the Wall, and the Prisoner came and look'd at his Buckles to see if they were Silver, and at the same Time push'd Mr. Payne down, took his Watch from him, and ran cross the Way, and cry 'd, D - n your Eyes, Jack, why don't you come along? I did not go directly to him, but put Mr. Paines's Back against the Wall again, upon which the Prisoner came over to me, and catch'd me by the Arm, and lugg'd me away for fear we should be taken, for he had got the Watch, he said. We then went down to the Bottom of Bow-street, and came up again to see whether he was gone or no. He said he supposed he had got more Money about him, and when we came to the End of the Court, there were two or three Gentlemen with him. After this, we went into Phoenix-Alley, and by the Light of the Lamp, the Prisoner opened the Watch, and said, it was a very good one, but it was very large, and would fetch about a Ridge. I asked him what he mean'd by a Ridge? and he told me, it was a Guinea, and that he would not sell the Watch that Night, but I should go Home and lie with him The next Morning he and Flack's Girl went and pawn'd the Watch in Fox's-Court, Gray's-Inn-Lane.

Q. Was you with them then?

Gilson. Yes; but I did not go into the House. He told me he had pawn'd it for 25 s. but it seems he had thirty-five upon it, and he gave me Half a Guinea out of it.

Q. Why did not he give you half?

Gilson. He did not give it me as my Share, but bid me go, and get a clean Shirt and a Waistcoat.

Pris. Ask him if there were not two Women coming by when the Man lay drunk?

Gilson. Not that I perceived.

Pris Did he see me take the Watch out of his Drawer?

Gilson No, but I heard the Chain gingle, and I afterwards saw the Key in his Hand.

Pris. I took the Watch off the Ground, 4 Yards from the Man. Drift or assist him to set the Man up against the Wall?

Gilson. No, when I set him up, the Prisoner pushed him down again.

Thomas Birch . I live with Mrs. Parsons, in Fox-Court. I know nothing of the Prisoner: but he brought the Watch in the Name of Peter Wise , and I lent him 35 s. upon it. My Mistress was then at Islington, in a bad State of Health, and I was entrusted by her to carry on the Business. - The Watch is worth 50 s. to any Body that wants such a Thing, and no more, according to my Judgment.

Q. Have you any Part of the Profits?

Birch. No: I asked the Prisoner if it was his own Property, and he said it was, and he would fetch it out in four Hours Time, for he was in a great Hurry.

Q. What was you to have besides the Money again ?

Birch. The Interest, which was Ten-pence Half-penny. He brought it on the 13th of January, about half an Hour after 8 in the Morning.

Mary Thornton . About the 12th of January, as near as I can guess, - I believe I can be certain as to the Day, because I am a Midwife and keep a Register: -

Q. Do you know the Prisoner?

Thornton. I have seen him about twice; - his Father was a Watch and Clock-maker, and I remember something of him. I was called to a French woman's in Shorts-Gardens, between six and seven in the Evening, and when I came from thence, I took my Servant and a Man with me, to see me safe Home, and just by Bow-street, there is a kind of a Bagnio, and I heard some Body say, There is a Man lies dead. It was Moon-light, and I saw that young Man at the Bar snatch up something from the Ground which shone very much. I have seen the Prisoner twice before, to the best of my Knowledge, and that is as much as I have, and he had the very same Cloaths on as he has now.

Q. Did you see the Man that lay for dead?

Thornton. I saw something lie along; I don't know that I saw the Evidence, Gilson there: What I took most Notice of, was, the Colour of the Buttons on the Prisoner's Coat.

Jury. We desire she may be asked how she knew that the Prisoner was taken up?

Thornton. I live in Half-Moon-street, and heard that such a Neighbour's Son was taken up.

Q. Did you see the Man set up against the Wall?

Thornton. No, I was afraid to stay when I heard that the Man was dead, and I saw the Prisoner snatch up something, and it might be a Watch or a Snuff-box, for I did not stay to see.

Elizabeth Hickson . I don't know any Thing of the Prisoner, but I remember his Face: As my Mistress and I were coming along, I see him pick up the Watch, - I think it was a Watch.

Q. Have you ever seen the Prisoner before?

Hickson. I don't know him any farther than by seeing him as he went along. It was very light being Moon-light, and I observed no Man but him that picked up the Watch

Q. Did you see the Prosecutor stand against the Wall.

Hickson. No, I did not see him, for I was behind my Mistres, and had hold of her Arm.

Q. What Time of Night was it?

Hickson. I know it was after Twelve, because the Clock struck just as we came out of the House in Short's Gardens.

Prisoner. My Father died about eight Weeks ago.

Thornton. About a Month ago, I heard that his Father was ill, and that he (the Prisoner) was taken up on Account of some Robbery.

Guilty Death .

7, 8. and John Baker , were indicted for stealing (after the 24th of June 1731,) a Leaden Sink, value 3 s. 24 lb. of Lead, value 2 s. 8 Iron Bars, value 16 d. belonging to William Duffin , Esq; fixed to several Houses in Cable-street , a Clock, value 30 s. a Brass Stew-pan, value 2 s 6 d a Brass Pot, value 2 s 6 d. and 4 stuff Window Curtains, the Goods of William Duffin , Feb. Both Guilty .

9. John Baker , was a 2d Time indicted with William Floyd , for stealing 1 C. of Lead, value 8 s. 4 d. belonging to William Duffin , Esq; fix'd in several Houses in New Gravel-Lane May 2 . Both Guilty .

[Transportation. See summary.]

10. Eleanor (the Wife of John) Buriace , was indicted for stealing one Pound 5 Ounces of Beaver Fur , the Goods of Daniel Smith and Barnabas Wilcox , Feb. 17 . Guilty 10 d.

[Whipping. See summary.]

+ 11. Joseph Effer , was indicted for stealing a 3 l. 12 s. Piece, and two 36 s. Pieces, the Money of Thomas Long in his Dwelling-House .

Acquitted .

12. Thomas Brunnil , was indicted for stealing 2 dead Turkeys, value 4 s the Goods of David Powel , Feb 9 . Acquitted .

13 Rebecca Hudson , was indicted for stealing a Brass Pestle and Mortar, value 3 s. the Goods of Isaac Kemp , Jan 30 . Acquitted .

14, 15. John Brooks and Samuel Cox , were indicted for stealing a Cloth Great Coat, value 24 s. the Goods of Humphry Bowles , Esq ; Jan. 24 . Both Guilty .

[Transportation. See summary.]

16. Elizabeth Edridge , was indicted for stealing a Copper Pot, value 5 s. and a Copper Stew-pan, value 1 s. the Goods of John Loxton , Feb. 14 . Guilty 10 d.

[Transportation. See summary.]

17. + Robert Lloyd , of St. Dunstan's in the West , was indicted for stealing 3 Linnen Money Bags, value 3 d. 50 3 l. 12 s. Pieces, 100 Moidores, 400 Guineas, and 40 l. in Money, the Money of John Simpson and Thomas Ward , in their Dwelling House , Jan 9 .

William Wethersden On Saturday the 9th of Jan. I was alone in our back Shop, when two Men open'd the Door and came in. I met them just at the back Shop Door, and immediately the first Man asked me if one Mr. Franklin liv'd there? The second Man made a sort of a Bustle with his Feet, and said, D - you, you are the Man. The third Man then put a Pistol to my breast, and said I was a dead Man, and indeed I was in such a Fright that I thought I was dead. I look'd over one of their Shoulders, and saw the third Fellow making behind the Counter, for which Reason I cry'd out, and the two Men who stood over me then st me, and likewise the third Fellow who had the Money, and in the Confusion one of the Pistols went off, as I thought by accident, upon which they ran out of the Shop. I then perceived that 3 Bags had been removed to a different End of the Counter from the Place where t hey first were, and there were upwards of a 1000 l. them.

Q. Was the Prisoner one of those Persons?

Wethersden. I really can't say that he is.

Ralph Hall. I live at Mrs. Downings the Corner of Clifford's Inn in Fleet street . My Time being expired, my Mistress was paving me my Money, when I was alarmed by the Report of a Pistol I looked and saw 2 Fellows in the Banker's Shop, and immediately a Man in Grey Cloaths (something taller than the Prisoner) opened the Door. The Prisoner was then behind him in the Shop, and as soon as the Door was open'd, they both ran athwart our Shop towards Chancery-Lane. Mr. Simpson's Footman presently came to the Door, seemingly in some Confusion, and cry'd, Stop Thief! I joined in the Pursuit, and in Bell-Yard the Prisoner was taken, but the other Man made his Escape.

Q. When he was taken what did he say to you?

Hall. He desired us to let him go, for he was afraid of being Arrested

Thomas Brooksbank On the 19th of January about 3 in the Afternoon, I had some Business at Mr. Brome's Shop, facing Mr. Simpson's, and heard the Report of a Pistol. Immediately two Men came out, and after them a third, and were pursued by Mr. Simpson's Footman with a Cry of Stop Thief! They ran up Chancery-Lane, and I went through the King's-Head Tavern in order to meet them, and just at Crown-Court I heard some People say, Let him go, it is only an Arrest! Notwithstanding that, I follow'd them, and a Gentleman who was then coming down the Court stopp'd the Prisoner. I likewise took hold of his Collar, and he desir'd me to let him go, for they were Bailiffs (he said) that were after him.

James Barton . I was going down Crown-Court on an Errand, and met the Prisoner running as swift as he could with something in his Hand, but what it was I could not discern. He threw it under a Gutter which the Water runs through, and the Mob saying he had shot a Man, I put my Hand under the Gutter, and found this Pistol: - it was discharg'd, and the Cock was broken off with the Fall. When the Prisoner was taken, and carried before Mr. Alderman Hoare, I was desir'd to put my Hand up the Gutter again to search for the Cock of the Pistol: I did so, and found it accordingly.

Mr. Thomas Wotton . On Sunday Morning, the Day after this Robbery was committed, I went to Newgate to see the Prisoner. I asked him how he could be guilty of such a notorious Thing? He at first denied it, but upon my telling him that he would certainly be hanged. He cry'd and fell on his Knees; I then told him, I would make him no Promises of Favour, and he then said, that he work'd at Hackney; that his Brother fetched him from thence to get into better Bread; and that they had walked about this Place for three Days to take an Opportunity to commit this Fact. He added, that it was his Pistol that went off, and that the Discharge of it was occasioned by his accidentally hirting it against the Side of the Counter; and that Lucas (one of the Persons not taken) went into the Shop, and held the Pistol to the young Man, and then his Brother Lloyd went behind the Counter to take the Bags, and that he was to stand Centry with a Pistol at the Stairs Foot to prevent any Person's coming up or down.

Prisoner. I lived at Hackney, and Edward Lloyd and Robert Lucas fetched me away, and said they had got a Place for me, upon which I came to Town, and then I was disappointed. In a few Days I got another Place at Black-Fryars, where I staid about 7 or 8 Days, and then they took me from thence, and that Day we committed this Fact, they made me suddled; they went in to ask for a fictitious Name, and Lucas clapp'd a Pistol to that Gentleman's Face. It is the first Fact I ever did, and I hope you will have Mercy and consider me.

Guilty Death .

18. John Jefferies , was indicted for stealing 1 hundred Weight of Lead, Value 15 s. the Goods of Persons unknown . February 10th , Acquitted .

19. James Bustrat , was indicted for stealing 2 Adzs, value 40 s. the Goods of Robert Cooper , Jan. 20 . Guilty .

[Transportation. See summary.]

20. Dorothy Preston , was indicted for stealing a Pewter Gallon Pot, Value 6 s. the Goods of Henry Biggs , Jan. 31 . Guilty .

[Transportation. See summary.]

21. + William Plummer , alias Cricklow , was indicted, for that he, on the 21st of January , feloniously made, and forged, a certain counterfeit Order in Writing, directed to Mr. Alexander, in Wood-street, &c. with Intent to defraud Wm Alexander, and Company , &c .

Robert Hutton . It was on the 21st of January last, I was standing at Gray's-Inn-Gate, in Holborn, when the Prisoner came to me, and asked me, if I would go on an Errand for him. I told him, I would if he pleas'd: he had then an half Sheet of Paper in his Hand, and we went into the Elephant and Castle together. I saw him write this (here) Paper, and he directed me to go with it to Mr. Alexander's, a Brasier and I, against St. Alban's Church in Wood-street. Accordingly I went there, and as soon as I came into the Shop, I delivered the Paper to Mr. Coking, Mr. Alexander's Servant. Coking looked over the Paper, and seemed to suspect it: he carried to Mr. Combes, who asked me, if I came from Mr. Gough; I told him, I did not know who Mr. Gough was, but the Person who gave me that Paper, was then waiting at the Elephant and Castle. Upon this, they scrupled giving me the Goods, and after I had waited half an Hour and upwards Mr. Combes sent two of his Servants before, and one of them went with me to the Elephant and Castle. When we came there, the Prisoner was gone from thence; but had left Word, that he would be back in an Hour. When he returned, this Paper was produced to him, and he own'd it was his Hand-writing, and wondered why Mr. Alexander did not send the Goods, for he had a Coffin to finish in haste in Bloomsbury-Square.

The Paper was read.

To Mr. Alexander, over against St. Alban's-Church in Wood-street.

Send by the Porter, one set of Brass Work for Drawers, fifteen Handles, nine Locks, six Scutcheons, two Keys, one Tenant Saw, two sets of three Shilling Leather Castors, and a sett of Ditto Brass, for the Use of me,

William Gough .

Mr. Gough, I am an Upholder, and live in Westminster, I have dealt with Mr. Alexander heretofore, but I think it is near 2 Years since I had any Thing of him.

Counc. Is that Paper your Hand-writing?

Gough. No, I believe it to be the Prisoner's, for I have compared it with several Receipts which I received from him when he was an Apprentice, and the Writing agrees exactly.

Mr. Combes. The Prisoner confessed over and over that this Paper was his Hand-writing. Hutton brought it to our House, and desired to have Goods upon it. He first gave it to my Servant, who delivered it to me, and we went to the Elephant and Castle, and found the Prisoner. He at first said, he would send for his Master Gough, but afterwards begged for Mercy, and owned it was his Hand-writing.

Wm Coking . I am Foreman to Mr. Alexander and was the Person that received this Paper of the Porter. He told me, he came from the Elephant and Castle, and after I had shewn the Note to Mr. Combes, I went with another Man to see for the Prisoner. When we came to the Elephant and Castle, the Prisoner was gone from thence, but he afterwards came in, and I clapp'd, him on the Shoulder, and ask'd him how he did? He asked me if I had brought him the Goods? I told him, I did not care to give them to the Porter, upon which he told me, I was very much in the Right, but he should have been glad if I had brought them with me. He told me, the Paper was his Writing, but as he was Gough's Servant he had wrote it in his Name.

Mr. Gough. He never work'd for me but two or three Days, and I never sent him with an Order to any Person.

Prisoner. There has been somebody else in the Name of Mr. Gough as well as myself, and as to the Paper, that is not the same that I wrote.

A Woman. I have known him a good while, but never knew him do any Thing before.

Guilty Death .

22. + Martin, alias Morgan Newland , of St. Clement-Danes , was indicted for unlawfully and feloniously procuring Tho Meredith , a Subject of our Lord the King, to serve the King of France, as a Soldier, (he being a foreign Prince) without the Consent of our Lord the King, under his Sign Manual first had and obtained, in Contempt of our said Lord the King and his Laws, &c. &c .

The Councel for the King having opened the Indictment, observ'd, that this Prosecution was grounded on a very salutary Law, which was made in the 9th Year of his present Majesty, in order to prevent the Strength of this Kingdom from being carried out of it into foreign Countries, &c. &c.

Thomas Meredith . I am a Welshman, and belong to the second Regiment of Guards, and I believe it was three Weeks ago when I first saw the Prisoner.

Counc. What Employment do you follow when you are not upon Duty?

Meredith. I used to work on the Keys between Billingsgate and the Tower.

Counc. Where did you see him first?

Meredith. Upon the Keys. His Countryman told me he carried Men abroad, upon which I went to him, and talk'd to him sometime. He told me he was then a Soldier in the Service of France, and if I would go with him, I should have 5 Pence Half-penny a Day, and 4 Loaves a Week, every one as big as a three-penny Loaf.

Counc. Was that all you were to do, barely to go along with him?

Meredith My Brother came to me in his Soldier's Cloaths, upon which the Prisoner seemed to be very much frighted to see him, but I bid him not be afraid, for he was my Brother. Then says he, we will go and drink a Mug of Beer: I told him, I had no Money; never mind that (said he) I have Money enough. We then went over the Bridge, to a public House on the other Side of the Water, by the Borough-Market, and had some Beer, He told us there, if we would go along with him, we must go that very Night, and by the next Night we should get to Dover, and with a fair Wind, we should be over in 3 or 4 Hours; after which, we had got about four and forty Miles to travel by Land.

Counc. To what Purpose where you to go those four and forty Miles?

Meredith. I was to go with him to meet his Regiment.

Counc. After this Conversation passed, what was done then?

Meredith. He told us, if we would go with him to his Quarters, he would give us a Dram; accordingly I went with him to his Quarters in Kent street, very near the Red-Cow, and there we had 3 Quarterns of Gin, and some Bread and Cheese, and he told me, he had been to sell a Pound of Tea for 7 s. which cost him but 3 s. in France.

Jury. We desire he may be asked, whether he then had his Regimentals on?

Meredith. Only my Regimental Waistcoat: my Brother was in his Regimentals. He called us up Stairs, and talk'd to us a good while, and his Landlady came, and talk'd to us too, and told us, when we came to France, we should live like Gentlemen. After we had been there some Time, the Prisoner came along with us, in order to sell my Brother's Cloaths, but before he went away, his Landlady gave him some Money to buy a Breast of Mutton for us, and he desired her, as there were a great many Lodgers in the House, to send them to Bed before we came back. We went from thence into the Strand, and turned down to the Barracks before we went to the Public House, because my Brother wanted to ask the Serjeant what we must do with the Prisoner.

Counc. Where did you go to after that?

Meredith. We went to the Coal Hole, a public House just by the Savoy.

Counc. Who was there when you came to that House?

Meredith. There were 4 Welshmen of us in all, Joseph Griffith , Thomas Richards , and John Meredith . One of them Tom Richards, came along with me; I met him in the Street.

Counc. After you got to this Alehouse, what passed between you and the Prisoner then?

Meredith. We had three Pots of Beer, and then he and I went out of the Room, and I told him I had no Money to pay my Reckoning Upon that he said, here is 6 d. but it is upon the Account of your going with me, and you must make every Thing good when you get to France.

Counc. Was there any Body else present then?

Meredith. No, we went out together, and he told me, I should have 3 or 4 Guineas Advance when I came over.

Counc. You say, that when you went out together, you told him you had no Money, and that he then gave you 6 d. did he give it you to pay the Reckoning, or to go with him?

Meredith. I took it, and considered it as Money given to me to 'list to go with him, and he at that Time promised me 3 or 4 Guineas Advance when I came over.

Counc. Did he promise any Thing else?

Meredith. Yes, five Peace Halfpenny a Day, and 4 Loaves a Week, every one as big as a three penny Loaf. When I came in again, the other Welshman and I told him we would all go with him, and he then shewed us his Furloe. One of the Men pretended to read it, but could not, upon which the Prisoner attempted to snatch it out of his Hand, and tore out a Piece of it, and then we took him Prisoner.

Counc. See if that Paper is the same?

Meredith. Yes, this is the same, I wrote my Name on the Back of it when we were before the Justice.

Q. Recollect as near as you can, the very Words he said to you when he let you have the Six-pence.

Meredith. He said, here is 6 d. on the Account of going along with me, and (says he) after you go over, you must make every Thing good to me, and perhaps as soon as you are there, you shall have 3 or 4 Guineas Advance Money.

Counc. What was you to be when you went over?

Meredith. He told me I was to be a Soldier in the King of France's Service.

Q. Did he say you was to go to his Regiment?

Meredith. I can't tell what Regiment I was to be in. He told me he was then a Soldier in France.

Counc. Was you not to be in the same Regiment as he?

Meredith. I understood him.

John Meredith . I am Brother to the last Witness, and was watching for Work at the Custom-House Key, and saw the Prisoner and my Brother together. I heard them talking a little, and then my Brother told me, he was a Soldier belonging to the King of France, and he asked me to go along with him. I was then in my Regimentals, and I asked him how I could go with him in those Cloaths, for I should certainly be taken up. Then, says he, you must have coloured Cloaths, and we must sell them that you have on; and after this, we went down to the Savoy Barracks.

Counc. Did you hear the Prisoner say any Thing to your Brother?

Meredith. Yes, he ask'd him to enlist in the King of France's Service as a Soldier.

Counc. Did you go to the Borough with them?

Meredith. Yes, but I was going to the Savoy Barracks, and then the Prisoner said, we must have a Pot of Beer together. I told him I had no Money; well then says he, I have so much Brass as that; and then we went over London-Bridge to a House in the Borough. He there told me it was better living there than here, for we should have 5 d. halfpenny a Day, and four Leaves a Week; said I, I have taken my Oath here to be true to this King, and I suppose I must take my Oath again when I go over. No, no, said he, there is nothing in it, you only kiss the Book. We then went with him to his Quarters in Kent street, and had some Gin, and he told us if we had a Mind to go with him we must go to Rag-Fair and sell our Cloaths.

Counc. How came you not to go to Rag-Fair?

Meredith. I told him Monmouth-street was a better Place, for I had a Mind to ask some Advice before I took him up, and accordingly when we came to the Savoy I ask'd Serjeant Taylor what I must do with him? and he told me I must take Care of him. We went from thence to the Coal-Hole, Griffith and Richards were there when we came in, and I told the Prisoner that one of them might go with us. He had some Talk with them about listing, and then I went out and can't tell what passed afterwards.

Counc. Did you see this Paper taken from the Prisoner?

Meredith. Yes, and he tore a Piece out of it in pulling it away: - this is the same; I wrote my Name on the Back of it.

Q. What was the Occasion of the Prisoner's producing that Paper at all?

Meredith. Griffith said to him, How can I know that you belong to the King of France? Why, said the Prisoner, I have a Furloe; let me see it, said Griffith, and he then pulled it out directly.

Counc. Did the Prisoner tell you what Countryman he was?

Meredith. Yes, he told me he was an Irishman.

Joseph Griffith , The first Place where I ever saw the Prisoner, was at the Coal- Hole by the Savoy. I sat down and drank there, and these three Men told the Prisoner, that I would go along with him: Upon that, he talk'd to me about enlisting myself, and I ask'd how I should know that he belonged to the King of France? for he might want to carry me to another Place. O! says he, I have a Furloe from my Captain in my Pocket, and he desired me to go with him to be a Soldier in the King of France's Service.

Counc. Did he produce the Furloe ?

Griffith. Yes, this is the same, I wrote my Name on the Back of it.

Counc. How came that Bit out of it?

Griffith. I desir'd him to lend me the Furloe, for I told him I could read French; upon which Richards talked to me in Welch, and desired me to keep it: The Prisoner then wanted to snatch it away, and broke the Piece out.

Counc. Did you hear him say any Thing about any Oath?

Griffith. I asked him if there was any Oath to be taken? and he said, he would be bound that there was not.

Counc. Did Thomas Meredith go out of the Room with the Prisoner?

Griffith. Yes, and when Meredith came in, he told me the Prisoner had given him 6 d by Way of Earnest, to go with him to France.

Counc. Was that before or after you saw the Furloe?

Griffith. Before we saw it.

Counc. How long was that before you seized the Prisoner?

Griffith About half a Quarter of an Hour, for he came in, and fell into Discourse with me by the Fire Side.

Thomas Richards . I am a Welchman. My Comerade John Meredith , came to the Barracks, and told me the Prisoner wanted to enlist him in the French Service. The Prisoner was then at the Gate with Thomas Meredith . I went with them to the Coal Hole, and drank a Pot of Beer, and sent John Meredith to see for the Serjeant, but he could not find him. Then the Prisoner and Thomas Meredith went out together, and when they return'd, Meredith told me the Prisoner had given him 6 d. to enlist him in the French Service. After that we had a Pot of Beer, and Griffith ask'd the Prisoner how he should know that he belong'd to France? He then produc'd this Furloe: I took it out of his Hand, and he tore a Bit out of it himself in endeavouring to pull it away.

George Hutchinson . I was sitting at my Quarters (the Coal Hole ) when the Prisoner came in with these Soldiers. They whisper'd a long while together, and I thought they were enlisting him, and not he them. The Prisoner then desir'd Richards to send for me out of the Room, and then they read the Furloe. I saw the Prisoner snatch it out of the Man's Hand, and I carried it to my Landlord in the Bar, and he read it.

Mr. Deveil. These People were before me, and sign'd this Furloe. They charg'd the Prisoner with enlisting Men for the French Service: He was obstinate for a considerable Time, but at last acknowledg'd, that he was employed in this sort of Business by one Mackinnar, who (he said) was one of the French Officers. This is the Furloe that was produc'd before me.

Counc. Did the Prisoner say any Thing of any other People that were here on the same Business ?

Mr. Deveil. Yes, he told me there were several others either landed, or just landing, upon which I pressed him to make himself an Evidence, but he refused.

[The Paper was in French, but was read in English as follows.]

'' Foot, Regiment of Dillon.

'' We who have undersign'd this, do certifie '' all concern'd, that we have given Leave for '' six Months, to one named Martin Nowland , a '' Soldier in the Company of Capt. Morris, in the '' Regiment of Dillon, in the Jurisdiction of '' (Blank) aged 35 Years, Height 5 Feet one '' Inch and a half; Chesnut colour'd Hair, blue '' Eyes, and pretty much sunk in his Face, '' and very meagre Countenance: Given at Bethune, '' Dec. 25 1741. Sign'd Morris.

'' Counter sign'd by us Lieutenant Colonel '' commanding the Regiment of Dillon, Gavon;

'' Certified by us Captain Adjutant of the Regiment of Dillon, O 'Hara.''

Prisoner. This is nothing but what they have invented themselves, when he called me out of the Room, he bid me give him 6 d. to pay the Reckoning. Guilty , Death .

23. + Margaret (the Wife of James) Girdler , was indicted for breaking and entering the Dwelling-house of James Brocker , and stealing a Cloth Rockleaur, value 12 s. a Cloth Coat with Brass Buttons, and a Cloth Waistcoat , Jan 22 . Acquitted .

24. George Whitaker , was indicted for stealing a Brass Lock Cock, value 9 d. and a Pail, value 9 d. the Goods of Roger Wadman , Feb. 8 . Acquitted .

25. Judith Cartey alias Cartney , was indicted for stealing a checqued Apron, the Goods of Mary Macfarson ; a checqu'd Apron and a Linnen Handkerchief, the Goods of Judith Macfarson , Feb 3 . Guilty 10 d.

[Whipping. See summary.]

26. Joseph Coupee , was indicted for stealing 2 Bushels of Malt, value 6 s. the Goods of Richard Staples , Jan. 20 . Guilty .

[Transportation. See summary.]

27. Edward Porter , was indicted for stealing a Diaper Table Cloth and a Linnen Sheet, the Goods of James Kates , and a Linnen Shift, the Goods of Jane Wilson , Feb. 6 . Guilty .

[Transportation. See summary.]

28. Alice (the Wife of Edward) Riley , was indicted for stealing a Silver Spoon, value 7 s. the Goods of Sir Hugh Smithson , Bart.Feb. 22 . Guilty 10 d.

[Whipping. See summary.]

29. James Palmer , was indicted for stealing a Pair of Copper Scales, value 2 s. 6 d. the Goods of Samuel Smith , Jan. 27th , Guilty 10 d.

[Transportation. See summary.]

30. + Ann Nelson , was indicted for stealing 5 Holland Shirts, value 4 d. the Goods of John Barrsley , Esq ; in the Dwelling House of John Marshal , Sept. 28 , Guilty 39 s.

[Transportation. See summary.]

31. William Mills , was indicted for stealing 4 Brass Patterns, Value 6 s and 4 Pounds of Brass, Value 1 s. the Goods of Edmund Bridges , Feb. 16th , Guilty 10 d.

[Whipping. See summary.]

32. George Lord , was indicted for stealing 14 Pounds of Tobacco, value 2 s. the Goods of Jonathan Forward , Feb. 15th .

No Evidence appearing, the Prisoner was acquitted .

33. + John Page , of St. Martin Outwich , was indicted with other Persons unknown, for assaulting Robert Fawdrey , on the King's Highway, putting him in Fear, and taking from him a Gold Watch, Value 10 Pounds , Feb. 23 .

Robert Fawdrey . On the 22d of this Month, I had been at the Mourning Bush, at Aldersgate, and about half an Hour past twelve in the Morning, I was walking very carefully down Bishopsgate-street , being a little Lame. I saw nobody in the Street, but very near that Part that is opposite to St. Martin Outwich Church , a Woman came up to me, and fastened round my Arm; - my Dear! said she, You look like a good-natur'd Fellow, you will give me a Glass of Wine! I, with an Imprecation, bid her be gone. She said, I am sure you will give me a Glass of Wine, and immediately pull'd my Watch out of my Pocket. I cry'd out Watch; and directly the Prisoner said hold of me; - the whole Transaction was not so long as I have been speaking. The Prisoner immediately tripp'd up my Heels, and stood over me, and beat my Right Fore-finger in a terrible Manner. I believe it will appear by the Evidence that I shall produce, that this Man and the Woman were found talking together at Creed-Lane, about 12 o'Clock. I believe it was a Conspiracy between them, in order to meet the first Man they could. and I was the unhappy Victim of their Intentions.

Q After you had been tripped up, as you have mentioned, what happened then?

Mr. Fawdrey. I call'd Watch! as I had done before, and a Person came up to me, who is the next Witness, William Palmer Hind, a Man I never saw before, but fortunately I believe for me, came in to save my Life. When I began to call Watch in this Manner, they both left me: the Woman ran up the Street, and the Prisoner ran down it, and was taken by the next Witness.

Pris. Q Can you recollect what Hour the Woman met with you?

Mr. Fawdrey. Between 12 and 1: - I did not meet with her, she met with me, and came forcibly upon me.

Pris. Q. Was it near a Lamp?

Mr. Fawdrey It was very near the Lamp, and I knew the Prisoner the Moment he was taken.

Pris. Q. I think you say, before the Man came up, your Watch was taken from you.

Mr. Fawdrey. At the very Instant that my Watch was taken away, my Heels flew up, from whence I apprehend, that the Man was behind me.

Pris. Q. Had you seen the Man before the Woman came up to you?

Mr. Fawdrey. No, nor her neither, for the whole Transaction was but half a Minute.

Pris. Q. Can you guess how near to 12 or 1 this might be?

Mr. Fawdrey. It was so near, that I believe I could say it wanted about a Quarter of one.

Wm Palmer Hind. On Tuesday Morning, or Monday Night, I will not say, I came from Mr. Darby's in Stationer's-Court. It struck twelve o'Clock, and then the Landlord according to Custom, turn'd every Body out of the House. - I believe it might be a Quarter after when I left the House. I crossed over the Way to the Corner of Creed-Lane, and while I was standing there, I saw the Prisoner and another Man, with a Woman in a white Cloak and a Velvet Hood. One of the Men, who was a tallish Man, cross'd the Way from her, and when he had got about half a-cross, the Woman call'd, Hog! Hog! I want to speak with you. He then came to her, and they all went down Creed lane together. I went on into Cheapside, where I stopp'd to speak to one Dick Too , a Watchman, after which, I walked pretty leisurely till I came beyond the Change. The Prisoner and the Woman in the Cloak then passed me. I was not positive which Way they turned, but just as I came to the Corner of Cornhill, by Bishopsgate-Street, there stood a Hackney-Coach just cross the Street. I stopp'd there to make the Coachman drive out of the Way, which being done, I went down Bishopsgate-street; and when I had got 3 or 4 Doors down, I heard a Cry of Watch! Hearing that, I mended my Pace, and there is a great Pair of wooden Gates on the Right Hand side of the Way; and next Door to them, I saw Mr. Fawdrey upon his Back. The Prisoner and the Woman in the white Cloak were then upon him: What (said I) are you going to murder the Man? and as soon as I had said that, the Prisoner turned about, and ran over the Way directly: - he ran one Way, and the Woman another. The Prosecutor said he had lost his Watch, upon which, after I had helped him up, I pursued the Prisoner. He ran about as far as the Pump, and then he turned his Back against the Wall, and asked me what I wanted with him? I told him, the Gentleman said he had robbed him of his Watch, and he must go with me. I brought him over the Way, and as soon as Mr. Fawdrey saw him, he said, that is the Man that knocked me down. We then, with the Assistance of a Watchman, carried him to the Watch-house, and there he denied that he knew any thing of the Matter.

Q. to Mr. Fawdrey. What Dress was the Woman in that came up to you?

Mr. Fawdrey. I take it that she had on a Linnen or Cotton Gown, with a light Colour'd short Cloak, and a Velvet Hood.

Pris. to Hind. Had you any Acquaintance with me before this?

Hind. I never spoke to him before to my Knowledge?

Pris. Q. How came you to take such particular Notice of a Man going along the Street, that you can be sure of him when you came to Bishopsgate street ?

Hind. Because he then had a blue Handkerchief with white Spots about his Neck, and the same Coat on as he has now.

Pris. Q. Was it dark or light when this happened?

Hind. I can't remember, but there is a Lamp just by the Tavern Door, at the End of Creed-Lane, and another at the Door over-against it.

Pris. Q. What o'Clock was it when you saw them there?

Hind I believe it was a Quarter after 12, because when the Watch go 12 o'Clock, Mr. Darby always turns the Customers out of Doors, and I only staid to pay my Reckoning and finish a Pot of Beer, and then I came away.

Daniel Davis . Watchman, confirm'd the Deposition of Palmer Hind, so far as it related to the apprehending the Prisoner.

Thomas Hill, Constable. On Tuesday Morning, a little after one, the Prisoner was brought into the Watch-House. Mr. Fawdrey gave me charge of the Prisoner, for knocking him down, and rescuing a Person who had robbed him of his Watch. I asked Mr. Fawdrey in what Manner this was done, and he related it to me. He told me, he was coming down Bishopsgate-street, and a Woman laid hold of him, and asked him to give her a Glass of Wine: He bid her go about her Business, and he then perceived the Watch taken from him; upon which he attempted to lay hold of her, and immediately the Prisoner knocked him down, or struck up his Heels. That as soon as he recovered himself, he called Watch! and the Fellow then made off, and was pursued by Palmer Hind, who was then coming by, and with the Assistance of a Watchman, the Prisoner was taken. I asked the Prisoner several Questions, and he told me, he was going down on the other Side of the Way, and saw a Man and a Woman upon the Ground. He said, he went over to see what was the Matter, and when the Gentleman cry'd Watch! he ran - for Fear of coming into Trouble.

Q. Did he say that he knew the Woman who was there?

Hill. No, he pretended that he knew nothing of her.

It was insisted on by the Prisoner in his Defence, that he had been in Company with two Friends towards St. Giles's, 'till late at Night, and that he came from thence with them only towards Bishopsgate-street; that as he was going on one Side of Bishopsgate-street, he saw a Gentleman and a Woman struggling. That he went away directly, and soon afterwards the Gentleman complained of the Injury, and pursued him.

Thomas Cumber . Last Monday Evening, between 7 and 8 o'Clock, the Prisoner and I were drinking at the Bull Head, in White chapple. He said, he was going into Catherine street, to receive some Money, and desired me to take a Walk with him. Accordingly I did, and then we took our Departure from thence, and directed our Way Home.

Pris. Q. How long did you stay in Catherine-street ?

Cumber. I believe we came from thence between 12 and 1: Joseph Gibbs was with us. We came directly for the City, and we took our Leaves of the Prisoner at the End of Bishopsgate-street, and went towards White chapple. There was nobody at all in Company but we three, and when we parted with the Prisoner, I believe it was about 1 o'Clock, and I saw no more of him that Night. I am a Shoemaker, and live in the Minories; Gibbs lives in White chapple, and I parted with him at the End of the Minories. I have known the Prisoner 20 Years, he is a Butcher, and I have bought Meat of him lately. He does not keep any Shop, but carries it about in a Tray. I never heard no ill Character of him, but he seems to take an industrious Care for his Bread. - I live in Well-Court, just by Mr. Fowler's the Barber's.

Q. Did you not go into Creed-Lane as you were going Home?

Cumber. No, I don't know Creed-Lane, but we turn'd down no Lane at all.

Joseph Gibbs . I was in Company with Cumber and the Prisoner at a Shop like a Chandler's Shop in Catherine-street: - it was pretty near 9 o'Clock, and we staid there till a little after 12. From thence we came with the Prisoner alone to the End of Bishopsgate-street, and there parted with him. There was no Woman in our Company, and we turn'd down no Street at all till we came to Bishopsgate-street, where we parted with the Prisoner, and went on directly towards Whitechappel. I believe it was then very near 1 o'Clock, if not quite. As to the Prisoner's Character, I have known him 20 Years, and never heard any Body give him an ill Character.

Thomas Dunn . On Monday last about 1 o'Clock, I was coming from the Yorkshire Grey in Gravel-Lane, and just as I was going to cross to Thread-needle-street, I heard a Person say, Stop her, I have lost my Watch! Presently a Woman ran by, as fast as if she had Wings, and I saw another Person like the Prisoner, and he was taken hold of. The Mob then began to gather, and I went Home, and saw no more of it.

John Kitchen , Samuel Lewis , and James Cooper appeared to the Prisoner's Character.

William Hookham . I have known the Prisoner by Sight a great while. His Character is that of a common Sharper, and in general 'tis very bad. Acquitted .

34. Thomas Twist , was indicted for stealing a Heifer's Hide, value 11 s. the Goods of John Remington , Feb. 2 , Guilty 10 d.

[Transportation. See summary.]

35. John Ashridge , was indicted for stealing 100 Sheets of Paper, on which was printed Part of the Works of the Learned, for March 1737, and divers other Books , the Goods of Richard Manby , Feb. 5 . Guilty 10 d.

[Whipping. See summary.]

35. Robert Mason , was indicted for stealing 2 Books called the curious Traveller, value 5 s. and a Book called a Mechanical Account of Poisons, value 2 s. the Goods of John Roland , Feb. 8 . Guilty .

[Transportation. See summary.]

36. Thomas Fitch , was indicted for stealing a Gold Watch, and several other Things , the Goods of Mary Eagle , Oct. 23 . Acquitted .

37. John Shute , was indicted for stealing a Hat, value 20 s. and a Peruke, value 10 s the Goods of George Palmer , Jan. 25 . Acquitted .

38. Joseph Powers , was indicted for stealing 18 Quire of Paper, value 4 s. 6 d. the Goods of Charles Charley , Feb. 13 . Guilty 10 d.

[Whipping. See summary.]

39. + Thomas Handley , of St. Giles in the Fields , was indicted for that on the 3 d of June, in the 14th Year of his Majesty's Reign , and long before, one James Macdurmot was an Inhabitant in St. Giles's in the Fields, and then near a certain Place called Lincoln's Inn Fields, did keep a Coffee-House, known by the Name of Adlam's Coffee-House; and that the said Macdurmot was, and yet is, as well known by the Name of James Durmot as James Macdurmot ; and that he the said Handley well knowing the Premises, but not regarding the Laws, &c. afterwards, on the 3 d of June, did cause and procure a certain Person unknown, personally to appear before Sir Thomas Abney , then and now one of the Barons of his Majesty's Court of Exchequer, in the Name and Description of James Durmot , of Adlam's Coffee-House, to acknowledge himself indebted to our Lord the King, in the Sum of 186 l. on Condition that if the said Handley should appear to satisfy all that should be required of him on an Information exhibited against him by Sir Dudley Rider , &c. or in Default thereof, if the said Handley should surrender himself, then this Obligation to be void, or else remain in full Force, &c. the said James Macdurmot not being privy thereto, to the great Damage of the said James, and against the Form of the Statute, &c .

+ This Offence was made Felony by a Statute in the 21st Year of James 1.

The Councel for the King having open'd the Indictment, and the Nature of the Offence, the Witnesses were called.

Mr. Charles Ayres . I am one of the Attornies of the Exchequer Office in the Temple; this in my Hand is an Information in the Name of his Majesty's Attorney; I had it from the King's Remembrance Office.

The Information was read, and was in Substance as follows, viz.

Dated Easter-Term, 14th of his present Majesty; Be it remember'd that Sir Dudley Ryder , &c. in his own proper Person presents, that certain Merchants unknown, did between the first of May 1738, and the Day of exhibiting this Information, import to Ratcliff within the Port of London, in a certain Ship by Way of Merchandise, 346 lbs. of Tea, 4 lbs. and half of Coffee, 51 Yards of Handkerchiefs, the whole amounting to the Value of 186 l. 1 s. the said Goods being liable to the Payment of Custom; and that the said Merchants did unship and land the said Goods before the Customs and other Duties were paid, &c. and that the said Goods afterwards came into the Possession of Thomas Handley , he well knowing every Part of them to be imported, the Customs not being paid, against the Form of the Statute, &c.

Counc. What is that other Parchment in your Hand?

Mr. Ayres. This is the Bail Piece; it was taken before Sir Thomas Abney , who sign'd it twice in my Presence; first to the taking it, and then to the Justification. One James Durmot , and one Mr. Dowling, both swore in my Presence that they were worth-186 l. and that they were Housekeepers.

[The Recognizance was read.]

Counc. Was there any Notice given to you before this Recognizance was enter'd into, of Bail to be put in by the Prisoner?

Mr. Ayres. Yes, I was employ'd by Mr. Norton for the Prisoner, and I have the Notice in my Hand. Mr. Norton gave me the Notice, and I prepar'd a Bail-Piece accordingly. It was in order to put in Bail for the Prisoner, on an Information exhibited against him by Mr. Attorney General, for treble the Value of a Parcel of run Goods, upon the Statute of the 8th of the Queen.

Counc. Did you give Notice to the Sollicitor of the Customs?

Mr. Ayres. No, the Solicitor for the Defendant generally gives it. I can't take the Bail except it is approv'd of, and here the Notice is endorsed.

It was read.

To Mr. Metcalfe, Sollicitor of the Customs.

Attorney General against Thomas Handley by Information; Bail for 186 l. Sir, Bail proposed for the Defendant in the above named Cause, are Robert Dowling of Gray's Inn, Gent. and James Durmot of Adlam's Coffee-House Lincoln's-Inn-Fields, near the Duke of Newcastle's House. May 27, 1741.

Your Humble Servant,

Hen. Norton.

Mr. Ayres. It is indorsed - Mr. Metcalfe does not object to the Persons within mention'd, provided they justifie before a Baron, J. Tyton, for Mr. Metcalse.

Counc. Who is Mr. Tyton ?

Mr. Ayres. He is Clerk to Mr. Metcalse: I have seen him write ten thousand Times, and I take that to be his Hand.

Pris. Ask Mr. Ayres whether I was in the Baron's Chambers?

Mr. Ayres. He went before me to the Baron's Chambers, and asked me whether it was necessary for him to go up? I told him he might do as he pleased, and I think he staid below Stairs.

Pris. Q. When this Matter was first mov'd in the Court of Exchequer, did not I attend without an Order?

Mr. Ayres. I believe he did; - I really can't say, but I believe there was an Order made for him to attend, and upon his Attendance the Court order'd him into Custody.

Heneage Norton. About the 20th of May, the Prisoner came to my House in Friday-street, and told me he had been arrested for running Goods, and that he wanted to give Bail to an Information. He inform'd me that he was recommended to me by Mr. Russel in the Temple. I then told him he must get two honest Persons to propose to the Sollicitor of the Customs. He said he was a Stranger in Town, but he believ'd he could get Friends; and accordingly he came to me sometime afterwards, and gave me this Paper, on which are written the Names of Robert Dowling and James Durmot . He told me it was his own Writing, and those were the Persons who would stand as his Bail. Upon that, I wrote the Note which has been read, and gave it to Mr. Metcalfe's Clerk; and Mr. Metcalfe informing me that those Persons were not sufficient, I told the Prisoner of it, and he said Dowling was a Relation of his, a Man of Fortune, and lived in Grays-Inn; and that Durmot was a Man of good Repute, and liv'd at Adlam's Coffee-House. I inform'd Mr. Metcalfe of the Prisoner's Answer, and he then said that Dowling was an ancient Man, but however if they would justifie, he would have no Objection to them. I then gave Mr. Ayres this Note that has been read, and desir'd him to get the Bail Piece ready, and likewise desir'd the Prisoner to attend me at the Exchequer-Office, or at Brown's Coffee-House hard by, any Time that suited his Conveniency, and he said he would bring the Bail with him. Accordingly he came to me as I was at the Office-Door, and told me the Bail were ready, and were waiting at a Public House in Wych-street. I desir'd him to bring them down to the Office, and soon afterwards Mr. Russel told me, that Handley and his Bail were come to a Public House just above Brown's Coffee-House in Mitre-Court, and that they desir'd I would come and read the Bail-Piece to them. When I came there, I saw two Men, who answer'd to the Names of Robert Dowling and James Durmot , and then I read the Bail-Piece to them: the Prisoner, to the best of my Knowledge was present all the Time. I told them the Consequence of it, and that they might sign it there if they pleased; upon which they took a Pen and Ink, and I observed that the old Man (Dowling ) wrote a very good Hand. From thence I took them to the Exchequer-Office to Mr. Ayres, and I told him those were the two Persons who had sign'd the Bail-Piece, and desir'd him to go with them before the Baron.

Counc. Did you go with them before the Baron?

Mr. Norton. No, the Prisoner and the rest went together, but I staid at the Office till Mr. Ayres came back. This is the Recognizance which I read to them, and I saw the two Persons sign it in the Names of Robert Dowling and James Durmot .

Pris. Ask him if I did not bring him Money to the Exchequer-Office ?

Mr. Norton. I told him in Matters of this Nature, I was oblig'd to give the Clerk in Court 40 s. and I expected some Money of him before the Bail was taken; this was before the Bail Piece was sign'd; and he was not gone five Minutes before he brought me 4 Guineas.

Pris. Q. Did not you ask whether Durmot was the Master of that Coffee-House ?

Mr. Norton. I asked when I went in whether Dowling and Durmot were not there, and they both answer'd.

George Russel . About the Beginning of June last, the Prisoner came recommended to me, and told me he had been taken up on an Information, and came up to London to put in Bail, upon which I recommended him to Mr. Norton. He told me one Mr. Dowling would become his Bail, and likewise one Durmot of Adlam's Coffee-House; but after that, he said there was some Difficulty with the Coffee-Man, and he was afraid it would not do. Instructions were afterwards sent to me, and I wrote this Bail-Piece by Mr. Ayres's Order. I was likewise present when the two Bail subscrib'd it; - it was at a Public House called the Vine, just by Brown's Coffee-House, and I saw them sign their Names; Mr. Norton was present at the same Time; I gave him Notice that they were there. Mr. Dowling I have known many Years by Sight, and he sign'd first: the other Man I did not take much Notice of, but I saw him write - Durmot, after it had been read over to them by Mr. Norton.

Counc. Was the Prisoner present ?

Russel. I think he was, but I can't be positive to that. After this when we were coming out of the House together, Mr. Norton asked me in the Passage for the Fees: I told the Prisoner of it, and he ran away to get the Money, and in a few Minutes brought it to Mr. Norton.

Counc. Did you go with them before the Baron?

Russel. No, I went no farther than the End of Mitre-Court.

Counc. How came you not to see Durmot's Face?

Russel. I had no Curiosity, for I apprehended him to be the Man of Adlam's Coffee-House.

James Macdurmot . I have kept Adlam's Coffee-House about a Year and 3 Quarters to the best of my Knowledge. I never was Bail for any Person, nor ever sign'd any Recognizance.

Counc. Look upon that Recognizance, and tell the Court whether you ever sign'd it in one Part or another?

Macdurmot No, I never did: I always spell my Name - Macdurmot; but the English call me - Durmot. About the middle of May last, the Prisoner and one Conrade came to my House and called for Coffee, and other Liquors. Conrade called me into a Back Room, and told me there was a poor Man accused on Account of some run Goods, therefore desir'd me to bail him. I told him if it was my own Brother I would not; and sometime afterwards I heard that somebody had bailed the Prisoner in my Name.

Counc. How came you to hear of this afterwards?

Macdurmot. One of my Neighbours informed me that some Persons had been to enquire my Character, and whether I was worth 186 l.

Mr. Ayres being ask'd whether this Witness was the Person who went with him to the Baron's Chambers, answer'd in the Negative.

Counc. to Mr. Norton. Was that the Person who sign'd this Bail-Piece ?

Mr. Norton. I can't take upon me to say whether he was or not.

Mr. Russell. I can't say whether he is the Person, - I took no manner of Notice of him.

Macdurmot. I always take my Receipts in the Name of Macdurmot, but a great many People call me Durmot.

Counc. Did the Prisoner ever ask you to be bail?

Macdurmot. No, not that I remember.

Pris. Q. Did you never consent that Bail should be put in in your Name?

Macdurmot. No, I never did.

Pris. Q. When this Matter became public, did you never declare, that you would deny it, and that you would hang one, and transport the other?

Macdurmot. I never did.

Pris. Q. Did not you employ Mr. Williscot to draw a Bond of Indemnity?

Macdurmot Dowling came to my House with a View of making it up, and I not knowing any Thing of the Law, went to that Gentleman's House to ask his Advice, and he would not have any Hand in the Action. I desired one Mr. Grosby to ask Mr. Tomlin if Bail was put in, and at that Time it was not; but afterwards I heard that Bail was put in, in the Names of Dowling and Durmot.

Pris. Q. Have you not a Brother ?

Macdurmot. Yes, his Name is Brian Macdurmot ; I believe he knew as much of the Prisoner as I did.

Pris Q. Was I a Stranger to you when Conrade came to your House?

Macdurmot. Yes, and he did not go into the Room with us.

Thomas Dennis . I was ordered to enquire Macdurmot's Character. I asked for him by the Name of James Durmot . I enquired of 3 or 4 People, and every one of them knew him by that Name. I was told by them, that the Person who kept Adlam's Coffee-House, was James Durmot .

Councel. How came you to enquire after him?

Dennis. I belong to Mr. Metcalfe, and had Notice given me to enquire after him, because he was proposed for Bail for Thomas Handley I am acquainted with Mr. Tyton's Hand, and I take this to be his writing: When Bail is proposed, this is the usual Way of signifying their Consent.

Pris. Q. Did you not enquire whether the People knew who kept the Coffee-house?

Dennis. I shewed them the Note in which was written James Durmot of Adlam's Coffee-House, and they said they knew him.

Pris. Q. Did you ask for Durmot singly, or Durmot of the Coffee-house ?

Dennis. I might ask both ways. I likewise enquired Dowling's Character of a Porter at Gray's-Inn-Gate, and told him, he was propos'd for Bail, and the Porter said, he would go and ask him whether he would be Bail or no, for perhaps he might get 6 d or 1 s. by the Job.

Pris. Q. What answer did he bring?

Dennis. I can't tell, I believe he delivered it to Mr. Tomlin.

Samuel Green gave an Account of his enquiring for Durmot, and that he asked at Adlam's Coffee-house whether one Durmot lived there, and was answered by the Woman of the House that he did.

Pris. Q. What Reward had you for goingupon that Enquiry ?

Green. None at all; I belong to Mr. Graves, who carries on this Prosecution, and have not had so much as Money with my Subpoena.

DEFENCE.

It was urged on Behalf of the Prisoner, that he being arrested in the Country, came up to Town, and was recommended by Russel to Mr. Norton; and it being necessary to put in Bail, he propos'd his Uncle Mr. Dowling, and having some Acquaintance with Conrade, who knew Mr. Durmot, they went together to Durmot's House. That Conrade went out of the Room with Dowling, and sometime afterwards, Conrade sent him (the Prisoner) Word, that Durmot would become his Bail; and accordingly a Person came with Durmot's own Brother, and that the Bail-piece was then sign'd.

Robert Dowling . There came a Porter to me, belonging to Gray's Inn, to desire me to bail the Prisoner. I said, I would, because I knew him, and I thought he would surrender himself in discharge of his Bail! The Porter informed me, that he was sent by Mr. Metcalfe, and if I would stand as one of his Bail, the Man at Adlam's Coffee-house would stand with me. Accordingly the Prisoner sent me a Messenger to meet at the Swan in the Butcher-Row, and while I was about some Beef-Steaks, he came in. There were several People there, and one of them they told me was Brother to Macdurmot, and there was another who took upon himself to be James Durmot . While we were there, Mr. Russel brought in the Bail-Piece, and I read it over to them.

Q. Was that Man ( Macdurmot ) the Man that din'd with you?

Dowling. No, the Man who dined with us, and who called himself James Durmot, was tall than this Man. We adjourned from the Swan to the Vine, in Mitre Court, where we sign'd the Bail-piece. I sign'd it first, and then the other Man sign'd it by the Name of James Durmot .

Q Was the Prisoner present then?

Dowling. He was in and out, but whether he was present then or not, I can't tell. I have heard that he served a Bookseller, a Brother of mine 14 or 15 Years very honestly. I never saw him till May last; when he came up to Liverpool to discharge his first Ball, and I took it very well of him that he had so great Regard for his Bail.

Counc. Did the Prisoner go with you to the Judges Chambers?

Dowling. He went with us as far as Brick-Court, but whether he went up or not I can't tell.

Counc. When you were at the House in tho Butcher-Row, who told you that the other Person was James Durmot ?

Dowling. I was told so by the Prisoner: I understood by him and the rest of the Company, that he was the Man. There were in Company one Nethany, and a Man in a red Waistcoat, and one Molloy.

Counc. Do you know that Durmot's Brother was there any otherwise than as you heard?

Dowling. No. The two Durmots came in while we were at Dinner, and I believe they were directed to us, but by whom I can't tell. After we had given Bail, we all agreed to go to Durmot's Coffee-House, to take a Glass, and I followed them thither. We sat in the Public Room, and all the Persons who were there, knew we had put in Bail. This Man ( Macdurmot ) was not in our Company, but served us with Liquor as we called for it.

Q. Had the Brother of Durmot any Conversation with the Master of the House?

Dowling. No, none that I know of.

Francis Moron , Robert Dillon , and Thomas Meighan , gave the Prisoner the Character of an honest Man.

The Jury withdrew to consider of their Verdict, and after some Time returned, and found the Prisoner, not Guilty

40 + George Cheek , was indicted for stealing a Silver Dog, Value 12 s the Goods of Christian Heland , in his Shop , Jan. 23d , Guilty 10 d.

[Transportation. See summary.]

41, 42, 43. Thomas Bird , Nathaniel Nichols , and Robert Nichols , were indicted for stealing 75 Pounds of Lead, belonging to a Pump, Value 25 s the Goods of Joseph Close , Jan. 11 . All Guilty 4 s. 10 d.

[Transportation. See summary.]

44. + John Shamblet , was indicted for breaking and entering the Dwelling-House of Tho Cartwright , Esq; and stealing two silk Gowns, and other Things, the Goods of the said Thomas Cartwright , Esq ; Alice Bass , and Mary Philips , Dec. 8 , Guilty, Felony only .

[Transportation. See summary.]

45. + Jane Price , was indicted for privately stealing a Silver Watch, value 40 s. from the Person of John Paine , Feb. 1 .

John Paine . I was in the House of one Robert Cattle in Holford's-Alley , with an Acquaintance of mine who was almost drunk, and he wanted to lay himself down. I was afraid to leave him, so I sat down myself, and fell asleep by the Prisoner's Side. She sat on my left Hand, and another young Woman who is here, sat on my Right: - I was neither drunk nor sober, - I was between both. This was about 10 or 11 in the Day Time, on a Monday Morning; - we had been strolling about all Night. After I had missed my Watch - I did not charge the Prisoner with it, for I locked all the People up together in the House for fear they should run away.

Elizabeth Spore . I saw the Prisoner lean towards John Paine as he sat by the Fire, and take the Watch out of his Pocket, - upon my Word. I never saw the Watch after that; but he lock'd us all up about it. Acquitted .

46. Daniel Pellantine , was indicted for stealing 4 Weather Sheep, value 4 l. and one Lamb, value 7 s. the Property of Samuel Child , Esq ; And,

47. Thomas Sarsnet , alias Sarson , for receiving the same, knowing them to be stolen . Both Acquitted .

48. Barbara Dalloson , was indicted for stealing a Silk Handkerchief, value 2 s. 6 d. and divers other Things , the Goods of Thomas Arthurs and Hannah Neal , Jan. 18 . Guilty 10 d.

[Whipping. See summary.]

49. Mary Biggs , was indicted for stealing 6 Brass Arms, Sockets and Nossels, value 20 s. belonging to the Company of Moneyers , Feb. 4 . Guilty .

[Transportation. See summary.]

50. John Smith , was indicted for stealing 3 Bullocks, value 6 l. the Property of Edmund Saggers , and one Bullock, value 35 s. the Property of John Harvey , Feb. 1 .

Edmund Saggers . I took the Prisoner with two of my Beasts, and one of my Neighbours; - he was driving them? along a Lane near Endfield Wash , which is about a quarter of a Mile from the Chace where I put them to graze. I asked him where he had them and he said, he was going with them to Essex, to put them out to keeping. He told me he bought them of a Man at Belbar, who had several more to dispose of. We secur'd the Prisoner, and went to Belbar to see for this Man, but no such Person was to be found.

John Harvey . The Prisoner told me, that he bought the Bullocks at Belbar at one Abram Fellows's, at the White-Hart, of one John Jones a Welchman; - they were small Welch Cattle , and he said he gave 32 s. 6 d. a Head for them. I being a Headborough, took him before his Majesty's Justice of the Peace, and he himself was at the Charge of pawning a Stock-Buckle for 3 s. to send a Man to Belbar.

Samuel Parker , Constable. Last Monday was 3 Weeks, I was at the Nag's-Head when the Prisoner was brought in by the Headborough. He said he bought the Beasts at Belbar. At his Desire Saggers and I went to Belbar, and found his Story to be false. As we were carrying him to Newgate, he own'd he committed the Fact, and wished he might die before Sessions came on. Guilty .

[No punishment. See summary.]

51. + Benjamin Hodges , was indicted for stealing a Dozen of Steel Pencil Cases, val. 4 s. and 5 Dozen of Steel Cane Rings, value 2 s. 6 d. the Goods of Samuel Wallis , in his Shop , Feb. 1 . Acquitted .

52. + Jane Barker , was indicted for stealing several Gold Rings, the Goods of John Child and Martha Child , in the Dwelling House of John Child , Feb. 24 . Acquitted .

53. John Pead , was indicted for stealing a Firkin of Small Beer, value 4 s. 6 d. the Goods of William Cross , Esq ; Jan. 18 . Guilty .

[Transportation. See summary.]

54. James Cunningham , was indicted for stealing a pair of Men's Shoes, value 5 s , the Goods of Francis Allen , Jan. 25 . Guilty .

[Transportation. See summary.]

55 + Eleanor Mecham , was indicted for breaking and entering the House of James Thompson , and stealing a Cloth Coat, 7 Holland Shirts, and divers other Things, the Goods of the said Thompson , Dec 24 . Acquitted .

56, 57. + Elizabeth (the Wife of Robert) Carter , and Esther Cooper , were indicted for assaulting Abram Dudley , in the House of Robert Carter , putting him in Fear, and taking from him a Silver Watch, value 20 s , Feb. 21 .

Dudley I happen'd to fall among this Parcel of Women on Sunday Night last, about 9 o'Clock. Three of them stood at the End of Thatch'd-Alley , in Chick Lane . One of them laid hold of me on one Side, and another on the other, and one behind me pulled me into the Entry. They took me into a Place on the right Hand Side, but fearing I should make too much Noise there, they carried me up one pair of Stairs, When we came there, there were four or five People besides the two Prisoners; and Cooper bit me a Knock on the Face first, and took my Stick from me. Then they began to try for my Watch, I therefore kept it in my Hand, and twisted the String round my Finger; but they bit my Fingers to make me let it go, and then I put it into my Bosom. Upon this they threw me upon the Bed, and with the Assistance of 2 Men, took the Watch from me.

Thomas Ward , Constable. On Sunday Night about a quarter after 10 o'Clock, I came into the Watch-house, and the Prosecutor told me he had been robb'd in Thatch'd-Alley. I took two Watchmen with me to the House, and when I came into the Ground Room, there was a sick Child there. We went into the upper Part of the House, and met with no body, but when we came into the Ground Room again we saw the Prisoner Cooper. The Prosecutor no sooner saw her, but he said she was one of the Persons who assisted in taking his Watch. Accordingly we laid hold of her; - there was a Man in the House whom we likewise took to the Watch-house, but the Prosecutor not swearing positively to him, I discharg'd him. When Cooper was brought in, she desir'd that we would go and search on the Bed for the Watch, and we accordingly did, and found it under the Coverlid of the Bed.

A Watchman. I went along with my Master Ward to Carter's House, - the Prosecutor shew'd us the House, and we found Cooper in the Ground Room; and in the one pair of Stairs Room we found the Prosecutor's Stick. There was a Man in the House, and my Master order'd me to take Cooper out while he examin'd him; and then Cooper said it was hard she should suffer, for she was Innocent, and she asked me if we had look'd on the Bed, for perhaps the Man might drop the Watch there. My Master and I afterwards found it on the Bed under the Rug.

Pris Carter. Ask the Prosecutor whether I brought him into the House?

Dudley. No, I believe Mrs. Carter was not concern'd at first, but came into the Room afterwards: - She came about the middle of the Fray, when I had four upon me; and she held my Hands, or did something that Way, as the rest did.

Carter. Ask the Watchman whether I keep the House?

Watchman. It always goes in her Husband's Name; they live in the lower Appartment; I can't tell whether they have the whole House.

Francis Carter . Elizabeth Carter was in my Company at David Brook 's in Thatch'd Alley, from half an Hour after 7 till within a Quarter of eleven.

Rebacca Bristol and Sarah Sheriff never heard any Harm of Carter before.

Elizabeth Brocas . Carter came into my Room that Night, about 8 o'Clock, and I don't know that she was out of it till almost eleven: - She brought a Bit of Meat, and sat down and eat it, being a Neighbour.

Robert Harrison . All I have to say is, that I have known her 16 or 17 Years, and she always was industrious and careful.

Ann Clayton I know both the Prisoners to be very honest Women.

Mary Cecil . I have known Carter a great while, and know no Harm by her, but - that she is a Neighbour of mine, and never saw an unhandsome Word come out of her Mouth. I heard the Prosecutor say in the Old-Bailey Yard, that he believed he had taken a false Oath, and they were not the Women, but he would keep them confined till he found the right Persons: - he said so upon my Oath.

Prosecutor. I never said any such Word.

John Cooper. I was in Carter's Company from 8 o'Clock till about 11: - I took Notice of it because I was along with a Smith, and he did not leave Work till 8 o'Clock.

Elizabeth Cooper . I have known Cooper from a Child, and never heard no Harm by her.

Mary Beard . I have known Carter about 5 or 6 Years: she was a good Neighbour and an honest Body as far as ever I heard.

Robert Harrison . Carter has nothing to herself, but the lower Apartment in the House; - I am upon Oath, and God forbid I should take a wrong Oath Both Acquitted .

59. Jane Hale , for receiving and housing the said Peterson, knowing him to have committed the aforesaid Felony .

Jonas Rogers . I live in Lemon street, Goodman's Fields . On Saturday Night last, I had been out, and when I returned, I found my Wife in a great Surprize, and some Neighbours informed me that they had seen three Men in my Shop. I missed the Goods mentioned in the Indictment, and therefore got a Warrant to search a House which I suspected, at Saltpeter-Bank. When we went in, we found the Prisoner Hale there, - it was her House, and the Gentlemen drew their Swords and Daggers, and threatened our Lives. There were three Thieves, and four Women there: Hale was one of them, and she gave the Men the Key to get the Weapons, in order to drive us out of the House.

Mary Wissingham . On Saturday Night about Dusk, I was going Home towards Whitechapple, and saw the Prisoner Peterson, at this Gentleman's Door; - he keeps a Shoemaker's Shop. There was another Man in the Entry, who seemed to be opening the Hatch. I keeping a stand in Rag-Fair, knew these People bore a very bad Character, and was frighted; and so I went to my Neighbour's House, and told her I believed the Gentleman would be robbed; upon which, she left her Shop and went to see them.

Elizabeth Pretty . The last Witness came to my Shop, and told me, my Neighbour was like to be robbed, and I went and saw the Prisoner and two more, who have made their Escapes. I met Peterson and another, as I was going to tell my Neighbour. The other Man had an Apron as full of something as it could hold. I had been threaten'd by these Men before, therefore dust not take any Notice of them; but I went to my Neighbour Mrs. Rogers, and told her that her House was beset by Thieves She started up as I was talking to her, and out started a Man from the same Side as my Neighbour sells his Shoes on. Mrs. Rogers got up immediately, and said, she was robb'd and undone, and fell into Fits presently.

Pris Peterson. Did you ever know me to be a Thief?

Pretty I detected him once in taking a whole dozen of Stockings from a Neighbour; there were three of them, and I am sure he was one of them.

Nicholas Abel , The first Proceeding of coming into the Thing was, that I was robbed last Friday Night. I happened to be along with a Customer in my Way of Business, and my Wife came to me, and told me, my Shop had been robbed. On Saturday, about 7 at Night I was informed, that Mr. Rogers had been robbed much in the same Manner as myself, a little after Candle-light, and therefore went to his House, and thought by our going together, we might meet with the Thieves who had robb'd us. He happened not to be at Home then, but on the Monday following, we took out a Warrant to search Hale's House. When we came in, there were the Prisoner and two more, who were the three Thieves of whom we had Information One of them I knew by Sight, because he is the Captain of New Prisons Son, I told the Constable - there was his Prisoner, and then one of them said, - D - you have is a Search Warrant! Why don't you give me the Key? Upon that, the Prisoner Hale put her Hand into her Pocket, and he made Use of a great many vile Expressions, and took the Key from her, and said, he would shew us what we came to search for. He open'd a Closet, and took out a Sword and two Doggers, or other dangerous Weapons, and after they had each taken one, he cried, - Now clear the House, or else D - n you, I will pin you up, or cut you down directly! Upon that, we having nothing to defend ourselves, the Constable went out first, and we being in Danger, were very ready to follow: - My Wife was the last in the House. The Prisoner took the shortest Weapon of the three; - they were all ready drawn in the Closet, and he held it up as if he was making an Offer to push at us. We told them, we had a search Warrant when we went into the House; - that was the first Thing we mentioned: the Woman ( Hale) was there at the same Time. After they had turned us out of the House, they all made their Escape backwards, and in a turning by Grace's-Alley, I saw the three Men together. I caught hold of the Prisoner Peterson, and a Knife was taken from him, which is here to be produced, which is not a proper Thing for People to carry about them. This is the Knife, and I found it open in the Prisoner's Pocket. - It appeared to be a French Knife about a Foot long

Wm Wiman We went with a Warrant to search the House, and a tall, thin Man, almost 6 foot high, asked me what I wanted: - It was the Prisoner Hale's House, she owned it was hers before the Justice I told them I had a Search Warrant, and they would not give us Time to shew it them, for the tall Man Cavanah, called the Woman B - n, for some such Thing, and ask'd her for the Key, and said, he would shew us something; after which, he pulled out a Sword, and swore he would stick me.

Q. Had Peterson any Weapon delivered to him?

Wiman. I can't tell what Weapon he had, for when the other Man pushed at me, I turned my Head. The Prisoner Hale was there all the Time, for she gave them the Key to get the Arms.

Ann Abel . I am Wife to Nicholas Abel , and went with him and the others to Hale's House in Saltpetre Bank. The Constable was going to knock at the Door, but a Woman came out, and we got in without any Resistance. There were three Men sitting in the Kitchen, - Peterson was one, the Captain of New-Prison's Son another, and a Man in a grey Coat was the other. Cavannah, the tallest of the three, asked us what we wanted? Rogers and the Headborough told him, they had a Search Warrant. Upon that, he ran up Stairs, and left Peterson and the other in the Room. We heard a rustling above Stairs for 2 or 3 Minutes, and then Cavanah came down and damn'd the Prisoner Hale, and bid her give him the Key; upon which he said, - D - n them, I will shew them what they search for. He then opened the Closet, and took out three drawn Weapons, one of them was longer than the others, and that he kept for himself, and gave the others to the Prisoner Peterson and the other Man. He told us, if we did not quit the House that Moment, he would stick us against the Wall. The first Man that turn'd his Back was the Constable, and the others were very ready to follow him. I let my Husband go out first, because I thought they would not hurt me, and Cavannah swore if I did not go out, it should be the worse for me. When Peterson was apprehended, I saw my Husband take this Knife out of his Pocket.

Peterson. This Woman (Hale) used to wash Shirts for me, and I went to her House to get one. I had ben at Sea, and thought these People were coming to press me, therefore I took this Knife to drive them out of Doors.

Hale. I desired these People to search every Corner of the House a great many Times.

Both acquitted .

60. Susannah Kelly , was indicted for stealing five 36 s. Pieces, 2 Moidores, 2 Guineas, 2 half Guineas, and a Porto-Bello Medal, value 4 s. the Goods and Money of James Ottiwell , in the House of George Needham , Jan 8 .

Ottiwell I was coming from the Rummer in Chancery-Lane, towards White chappel, and was stopp'd by the Prisoner at the End of a Court in Fleet Street , she took me by the Hand and asked me to drink a Glass of something; I told her I could not drink; why (said she) if you will not treat me, I will treat you. Upon that, she took me to a House, the Stairs of which open into the Court, and there we had Cherry-Brandy and other Liquors, and then - she pick'd my Pocket of upwards of 20 l. I felt her Hand in my Pocket, but she was too quick for me, and ran down Stairs immediately. I pursued her into the Court, and a Man struck me on the Breast in Order I suppose to stop me.

Pris. Ask him whether he was not very much in Liquor when I was carried to the Watch-house?

Ottiwell. I was in Liquor when I went into the House; but the Fright made me sober.

- Kingsley. The Watchman brought this Man to the Watch-house, and said he had been robb'd. When the Prisoner was taken she was not search'd, for the Watchmen said, as the Money was lost in Needham's House it was secure, for it is a notorious House.

Pris. I had been to Leicester fields to stand Godmother to a Child, and was coming from thence with some People between one and two in the Morning, I parted with my Company at White-Fryars, and just stept up this Alley, and immediately the Watchman laid hold of me.

A Man. The Prisoner and I stood for the Child at the Christning. When it was all over, we came through Temple-Bar, and at White-Fryars Gateway I parted with her.

A Woman. The Prisoner and I met at Temple-Bar and we came together into Fleet-street She just stepp'd up White-Lyon Court, and in less than a Minute I saw a Woman run out, and a Man after her, and presently the Watchman laid hold of the Prisoner.

Another. I was going to Billinsgate, and met the Prisoner and a Man by Temple Bar. She told me she had been at a Christening, and (with that) the Man took his Leave of her at White-Fryars-Gate. There is a Court in Fleet-Street called White-Lyon-Court, and she desired us to stay for her while she just stepp'd up the Court - and then she was taken. I have known her these 5 Years to be an honest Woman.

A Man. I have known her 8 Years: She made Gowns for my Wife, and her Husband made Shoes for me: I always took her to be an honest Woman.

A Woman. She has made Mantuas for me these 5 Years, and I have recommended her to several People. Acquitted .

61. 62. William Evans , was indicted for stealing a Silver Sauce-boat, value 30 s the Goods of William Show ; and Margaret Deval , for receiving the same knowing it to be stolen . Both Guilty .

[Transportation. See summary.]

68. + Duncan Cameron , was indicted for stealing a Silver Handle of a Stew-pan, value 50 s. and other Things, the Goods of Elizabeth Dutchess Dowager of Hamilton , in her Dwelling-House , Jan. 19 . Guilty 39 s.

[Transportation. See summary.]

64. Thomas Tennant , was indicted for wilful and corrupt Perjury, in an Information before Mr. Justice Wright . Acquitted .

John Smith was called to the Bar, and being asked what he could say why he should not receive Sentence to die according to Law, pleaded in Arrest of Judgment, that he apprehended his Case did not come within the meaning of the Statute of the 15th of his present Majesty, by which the stealing any Sheep or other Cattle, is made Felony without Benefit of Clergy; whereupon his Sentence was respited .

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

Received Sentence of DEATH, 5.

Alexander Afflack , John Lowdon , Robert Lloyd , William Plummer , and Morgan Nowland

To be WHIPPED, 7

Eleanor Burlace , John Ashbridge , Judith Cartney , William Mills , Alice Riley , Joseph Powers , and Barbara Dalloson .

TRANSPORTATION, 29

Ann Stevens , John Fryer , Elizabeth Gibbons , Alice Racket , George Cheek , C - T - John Baker , William Floyd , William Evans , * Margaret Deval , Thomas Bird , Nathaniel Nichols , Robert Nichols , John Shambler , John Brooks , Samuel Cox , Duncan Cameron , Elizabeth Edridge , Joseph Coupey , Edward Porter , James Palmer , Ann Nelson , Thomas Twist , Robert Mason , Mary Biggs , John Read , James Cunningham , James Rustat , and Dorothy Preston .

*This Person being convicted of receiving Goods knowing them to be stolen, is to be transported for 14 Years.

John Smith was called to the Bar, and being asked what he could say why he should not receive Sentence to die according to Law, pleaded in Arrest of Judgment, that he apprehended his Case did not come within the meaning of the Statute of the 15th of his present Majesty, by which the stealing any Sheep or other Cattle, is made Felony without Benefit of Clergy; whereupon his Sentence was respited .