Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 October 2014), June 1742 (17420603).

Old Bailey Proceedings, 3rd June 1742.

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

THURSDAY the 3d and FRIDAY the 4th, of JUNE. In the 15th Year of His MAJESTY'S Reign.

NUMBER V. for the YEAR 1742.

BEING THE Fifth 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.

Where may be had any of the former Numbers in this Mayoralty.

(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. Justice CHAPPLE; Mr. Baron ABNEY ; 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, bolden for the said City and County of Middlesex.

London Jury.

Robert Fawdrey ,

Lawrence Howspan ,

Richard Chapman ,

Joseph Winkles ,

John Harman ,

John Fowberry ,

William Adams ,

John Cooper ,

John Swan ,

Robert Reynolds ,

John Harwood ,

John Cordin ,

Middlesex Jury.

Henry Woolley ,

Samuel Lightquhouse ,

William Harwood ,

John Newman ,

Henry Herman ,

Francis Ragg ,

Charles Church,

Edward Munning ,

George Shemell ,

Ambrose Atkinson ,

Thomas Hurrison ,

George Shaw ,

1, 2. Deborah Fisher , and Mary Alsorp , were indicted for stealing four Sticks of Fustick, weighing 36 Pounds , the Goods and Property of Persons unknown, May 7 , Guilty 10 d.

[Whipping. See summary.]

3. John Higgison , was indicted for stealing one Stick of Fustick, weighing 55 Pounds , the Goods and Property of Persons unknown, May 7 , Guilty 10 d.

N. B. The following are capital Offences.

Privately stealing the Value of one Shilling from the Person; stealing the Value of five Shillings out of a Shop, Warehouse, Coach-house, or Stable

Stealing the Value of forty Shillings out of a Dwelling House; Stealing of Sheep, or other Cattle, or, killing Sheep, &c. with an Intent to steal, is made Felony by an Act of the Fifteenth of his present Majesty.

Bigamy is made Felony by the Statute of the first of King James I.

[Whipping. See summary.]

4. William Shad , was indicted for breaking and entering the House of Enoch and John Stepple , and stealing two Bags of Money, one of Gold and the other of Silver, to the Value of 190 Pounds , the 7th of May last.

Enoch Stepple . The 7th of May, at eleven o'Clock at Night, I went to Bed and left my Son (who is my Partner ) up, and about five in the Morning, he came up and told me, that the House was broke open, and we were robb'd; that the Drawer in the Bar was broke to Pieces, that the House was broken into up-one Pair of Stairs, that a Pane of Glass was taken out, and the Casement left open, and that the House-door was unlock'd and left open. My Lord, I miss'd the two Linnen Bags, one of Silver, and the other of Gold, in which there was upwards of 190 Pounds in Gold and Silver. My Lord, I did not suspect the Prisoner, who lived next Door to me, and was an Apprentice to a Barber and Perriwig-maker ; but, my Lord, last Sunday was Sen'night, I was in the Country as Hackney, and the Prisoner's Master came and told me, that he had taken the Person that had robb'd me, and had got the greatest Part of my Money. I came Home on Monday, and went to the Sun-Tavern, in Milk-Street, where the Prisoner was brought from the Compter, by the Constable. I ask'd the Prisoner which way he robb'd me. He said, that he clamber'd up the Out-side of the Bar, in the Court, and got up into the Coving of the first Floor, and that he drew up a large Sash Window, that open'd into the first Floor, and the Shutter being fast pin'd, he could not get in there; that then he went to the Casement that was on the Stair-case, and took out a Pane of Glass (a square Piece of Glass) and put his Hand in, and opened the Casement in the Inside. I ask'd him, whether he took the Pane of Glass out with a Knife, and he said no, he did it with his Nail: he said, that then he went into the first Floor, and came down Stairs, and open'd the Bar-door, and went into the Bar, and broke open the Drawer with a Chissel. I ask'd him, how he came by the Chissel, he said, he bought it for that purpose. I then ask'd him, where it was, and he said, that he had thrown it away: He then own'd that he took both Baggs of Money away, a Bag of Gold and a Bag of Silver. I ask'd him, what he did with them, he said, that he went into his Master's House, that the Door he had left upon a jar, and went up Stairs, and hid the Bag of Gold between two Stacks of Chimneys at the Top of his Master's Leads, and then went down upon the Leads of the Church, and hid the Bag of Silver in a Hole under the Roof; then I took the Bank Note that he had of 100 l and asked him, whether the Money that fetch'd that Bank Note was mine, and he said it was. My Lord, there was 18 l. that he had lodg'd in a young Man's Hands, at the other End of the Town, and he said, that that was also my Property, and the young Man's Master delivered the Money up to us. This be own'd before Sir George Championand discharg'd the Person that he preseaded to be his Accomplice.

Prisoner. When you got up in the Morning, did not you ask my Master it I was at home ?

E. Stepple. I did not.

Prisoner. Did you not find that I was at home at five o'Clock in the Morning, when you found your House was broke open?

E. Stepple. I was a-bed at five.

John Stepple . About half an Hour after eleven at Night, the 11th of May last, my Father seemed very sleepy, and I asked him, whether he would not go up to Bed, and he went up to Bed, my Mother was gone up before. About twelve o'Clock at Night, I told my Money, and put it into these two Bags, and lock'd the Drawer, and put the Key into my Pocket, the Company being all gone, I went all round the House, and put my Hand against this Casement that was broke open, and it was safe. The next Morning I call'd the Men up at five o'Clock, as I always do, and they went down Stairs, and in about five Minutes time, the Men came and told me, that the Door was broke open, and the Till was broke, and I came down and found it so, and I miss'd the 2 Baggs, one of Gold, and the other of Silver, there was in them, 195 Pounds, or thereabouts; there was 96 Guineas carried to the Bank, and 8 Guineas and half a Moidore, I found at an Aunts of this Lads in Black-Fryars, he told his Master that he had lodg'd them there. When I came down and found my House broke open, I saw upon the Table by the Bar, the Marks of his Feet, and the two bends of his Knees upon the Top of the Leads over the Bar. He endeavour'd to take out one Pane of Glass, but could not; he then took a Pane of Glass out over that, and then open'd the Casement. The Saturday Sen'night after, a Gentleman came to me about 9 at Night, and desired I would go and fetch a Constable, for he had got the Thief, and then we went into his Master's Shop, and took him out, and had him to the Nagg's-Head Tavern, and we had there the young Fellow that had got the 18 Pounds, that he (the Prisoner) had left in his Hands. Mr. Brigg's asked Shad, where he had the Money, and he said that he found it; but before that, he had told Noel Gregory, that he had made Wigs for it, and then Mr. Briggs took him into another Room with his Master and another Gentleman.

Court. Was you there?

J. Stepple. No. The Sunday Morning I went to him to the Compter, and told him, that I was sadly afraid, that he had impeached an innocent Person, and that I had very good Reason for it; that if a Person had been concerned with him in the Robbery, he would not have taken the Bag of Silver for his Share; and then he cried, and said, his Life laid in my Hands, and he then confess'd, that the Person that he had ask'd him what he had done with the Bagg of Silver, he said, he had hid in under the Roof upon the Leads of the Church, Event the next Morning and took him one of the Compter, and got a Carpenter, and we went and took up a couple of Boards according to his (the Prisoners) Direction, and we found it, and he (the Prisoner) was with us when we found it.

Court. Did he mention in what manner he got into the House ?

John Stepple . Yes Sir, at the Sun Tavern, on Monday, he laid, that he went to an Ivon-mongers, and bought a Chissel the Night before, and said that he got upon the Table underneath the Bar, and got up the Bar, and with his Nails he would the Lead of the Window, and came down, and broke the Drawer-open. I ask'd him what he had done with the Chissel; he said he had thrown it away, that he had taken two Baggs out, and that there was no more than 139 Pound in Gold.

Court. What Time of Night did he say it was?

John Stepple . He said it was pretty near 3 o'Clock; I ask'd him how long he was about it, and he said he was about a Quarter and half a Quarter of an Hour, from the Time of his going out of Bed, 'till the Time he got in; and he said he took up the Lad that laid with him, 3 Times in his Arms, and threw him down upon the Bed to try whether he would awake.

Prisoner. I would ask him whether I ever told him, that I took the Lad up 3 Times and threw him down again to see whether he would awake or not.

John Stepple . He said he did to see whether he would awake before he went out.

John Peisley . My Lord the Prisoner at the Bar is my Apprentice, and last Saturday was 7 night he was taken up for robbing Mr. Stepple, and was taken to the Nagg's-Head Tavern. Soon after they sent for me, and we took him into a Room and otiarged him with robbing Mr. Stepple, and in a little time he confess'd.

Court. What did he confess?

John Peisley . He confess'd that he and another, broke into Mr. Stepple's House.

Court. Who was that other Person?

John Peisley . I have forgot his Name.

Court. Did he mention the Time?

John Peisley . He (the Prisoner) said it was between two and three o'Clock in the Morning, that he assisted him up the Bed, and that he took out two Baggs, that the Bagg (of Gold) that he (the Prisoner) had there, was 1130 l. in it, that in the Bagg of Silver, he did not know what was in it, for that, he said the other Person had I ask'd him where the 139 l. was, and then he (the Prisoner) put his Hand into his Pocket, and pull'd out a Key and gave it me, and told me, that if I would go up into the Garret, and open his Desk, and pull out the Drawer, that behind that Drawer was a private Drawer, and that there, he said I should find a Bank Note of 100 l. Accordingly I went and found it, and brought it back to the Tavern, and Shew'd it them, and he (the Prisoner ) said, that that 100 l. Bank-Note, was got with Mr. Stepple's Money, that he had put into the Bank the Monday before. There was 8 Guineas and half a Moidore left in a pair of Pumps, at an Aunts of his, in Black-Fryars, and I, and Mr. Stepple, went the Sunday following, and found it as he had told us.

Prisoner. I desire to know whether you did not ring me up that Morning (the Morning the Robbery was committed) and whether I did not come down as usual ?

John Peisley . Yes you did.

Prisoner. Did I not go to Bed between 10 and 11 o'Clock that Night?

John Peisley . My Wife said you did.

Court. Prisoner, what have you to say in your Defence ?

Prisoner. My Lord, as I was going towards Bucklers-Bury, I found a Bagg, in which was contained Gold and Silver to the amount of 140 l. or thereabouts, I carried the Gold and lodg'd it in Black-Fryars till the Monday following, and then I took a 100 l. and carried it to the Bank, and took a Bank-Note for it, I was not willing to make it known, because I did not know, but there might be some one or another, lay claim to it, and I might loose the Money by it; and my Lord, I found it in one Bagg only.

E. Stepple. My Lord, the Bagg that the Silver was in, I can swear to it.

Court. Prisone r, have you any Witnesses to call ?

Prisoner. No, Sir.

Court. Have you any thing more to say?

Prisoner. No Sir, I lie at the Mercy of the Court, and I hope your Lordship will consider my Youth.

E. Stepple. My Lord, as the Prisoner is a Young-Man, and this is his first Fact, I would recommend him to the Mercy of the Court.

The Jury acquitted him of the Burglary, but found him guilty of the Robbery. 4 s. 10 d.

[Transportation. See summary.]

5, 6. Ann Godfrey and Margaret Badcock , were indicted for stealing a Silver Pint Mugg, value 45 s. the Goods and Property of John Hall , the 28th of May last.

Margaret Badcock , Acquitted . Ann Godfrey , guilty 39 s.

[Transportation. See summary.]

7. John Pewcross , was indicted for assaulting and robbing Miles Haviland , on the King's Highway, and taking from him one Iron Cock Key, and a wooden Leaver, value 5 s. May 11 , the property of the New-River Company .

Miles Haviland . The 10th of May, about 12 at Night, as I was going through Hodgsdon , I met the Prisoner and another with him, the Prisoner was coming down the High-Road, and the other in the foot Path, the Prisoner came up to me, and clapp'd a Pistol to my Breast, and demanded my Money, I said I had none, he said D - m you, you have Money, and if you do not immediately deliver it, I'll shoot you through the Body, then the other came up and searched my Pocket, and I had only a Counter in it; he was then going to take my Watch, and I hit his Hand aside, then he took hold of my Throat, and almost choak'd me, I pushed him away, and then the Prisoner snapp'd his Pistol at me; then I turned him (the Prisoner) round, and ran away, to the Watch-house, the Watchmen came immediately with me, and in returning we met 2 Men, the Moon shining very bright, I knew them to be the Persons who robb'd me, I seized the Prisoner, and the other ran away.

Court. Which of them took the Key and Leaver.

Haviland. I can't tell which but they was taken off my Shoulder.

Thomas Lonell . And please you my Lord, on the 10th of May about 12 at Night, Mr. Haviland came to our Watch-house in a very great Fright with his Watch in his Hand, and said he was robb'd, we ask'd him where, he said just by the London-Prentice; we went to his Assistance, and found his Hat and Wigg going along, we had not got 50 Yards farther before we met 2 Men, he challeng'd the Prisoner and said this is the Man that presented his Pistol to shoot me, and the other ran away.

Court. Were the two Men going back, or coming forward?

Lonell. They were coming forward.

Court. Do you know any thing of a Pistol?

Lonell. There was a Pistol found the next Morning, but whether it belong'd to them or not I cannot say.

Another Watchman. Mr. Haviland came to our Watch-house and said, he was robbed by two Men, we went immediately along with him, and he took hold of the Prisoner, and said, this is the Man that clapp'd the Pistol to my Breast and the other Man ran away.

Court. Do you know any thing of a Pistol being found?

Watchman. No, my Lord.

Court. Was Haviland sober when he came to the Watch-house.

Watchman. Yes, my Lord.

Constable. I was Officer for the Night, the Prisoner was committed to my Charge; these Things I saw the Watchman take from the Prisoner, 2 Knives, 2 Flints, a Tobacco box, and a Heal-Spur.

Prisoner's Defence.

Last Sunday 3 Weeks, I came to London from Herefordshire, to see my Sister that is married, whom I had not seen for 22 Years; when I came to her House, we drank together, and was very merry, and going out of her House to do my Occassions, I was taken up by these Men, there was nobody along with me, but God and myself.

Anne Holland . And please your Honour my Lord, the Prisoner is my Brother, whom I had not seen for 22 Years; he came to my House about 7 at Night the 9th of last Month, he lay at our House that Night, and staid 'till twelve the next Night, when he was taken up; he went out of the Door, and mist his way in returning; when he was going out, I said, Brother, where are you going, and he said, only to do that you can't do for me. He had no Arms with him, only two Knives, a Tobacco box, and Flint, which he used to strike Fire with when he smoaked. I live near the London 'Prentice.

Acquitted .

8. Mary Terry , was indicted for stealing 4 Pewter Plates, value 2 s. the Goods of Thomas Hopkins , May 22 , Guilty .

[Transportation. See summary.]

9. Mary Hallis , alias Dickenson , was indicted for stealing the fore Bodys of a Cloth Coat , the Goods of William Lane , May 10 .

Guilty 4 s. 10 d.

[Transportation. See summary.]

10 Mary Gritton , was indicted for stealing one Blanket, value 4 s the Goods of Richard Church , May 25 .

Acquitted .

11. William Fairfax , was indicted for stealing four Pound of Iron, value 1 s. and 36 Pound of Iron value 5 s. the Property of Thomas Blackley , May 15 . Guilty .

[Transportation. See summary.]

12. Isabella Roberts , was indicted for stealing a Silver Watch Chain, value 2 s. two Tea Spoons, value 4 s. and other Things , the Goods of Henry Jacob , May 11 .

Acquitted .

13. James Taylor , was indicted for stealing a blanket, value 3 s. the Property of Persons unknown, May 2

Acquitted .

14. Elizabeth Hubbins , was indicted for stealing 14 Bundles of Rosemary, value 8 s. the Goods of Jacob Thompson , May 25 .

No Evidence appearing, the Prisoner was acquitted .

15 Sarah Bailey , was indicted for stealing a Scarlet Cloak, value 5 s. 2 Sheets, value 5 s. an Apron, value 1 s. the Goods of John Briton , May 15 , Acquitted .

16. Elizabeth Barber , was indicted for stealing three Shirts, value 8 s. three Aprons, value 3 s. and other Things , the Property of Mary Conolly , May 15 . Guilty .

[Transportation. See summary.]

17. Margaret Grant , was indicted for stealing 7 s 6 d. from the Person of Thomas Edwards , May 29 .

Court. How old are you?

Edwards. I can't tell.

Court. Can't you guess?

Edwards. About 17.

Court. Where was you born?

Edwards. In Wales.

Court. What Business are you?

Edwards. I'm a Letter-Founder .

Court. What have you to say against the Prisoner at the Bar?

Edwards. Last Saturday Night, as I was going from Moor-Fields to my Lodging at my Uncles in Chiswell Street , I met a Woman, and she ask'd me to drink Gin.

Court. What Time of Night was it?

Edwards. I can't tell, it was pretty late.

Court. Can't you tell what Time it was, was it pretty near 11 or 12 o'Clock?

Edwards. It might be 11 or 12 at Night. She asked me to go and drink Gin, and we drank 2 Quarters.

Court. Was it a public or private House?

Edwards. I can't tell.

Court. Was you drunk?

Edwards. I was neither drunk nor sober.

Court. It was enough to make a Welch Boy drunk.

Edwards. Afterwards this Woman bid me go up Stairs, and a Man that she called her Husband, came to us, then they threw me down upon the Bed, and took 7 s. 6 d. out of my Pocket.

Acquitted .

18. Garret Vandyke , was indicted for stealing 40 Iron Hoops , the Goods of John Brown , May 15 .

Guilty 10 d.

[Whipping. See summary.]

19. Thomas Miller , of Twickenham , was indicted for that he, not having the Fear of God before his Eyes, and being mov'd by the Instigation of the Devil, did assault Sarah his Wife , giving her several mortal Blows and Bruises upon her Head, and divers other Parts of her Body, Dec. 6th , of which said mortal Blows and Bruises she languished till the 19th of December, and then died .

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

Court. Do you know the Prisoner at the Bar?

Martha Love . Yes, my Lord, and I knew his Wife, and I saw him strike her and knock'd her down with his Fist.

Court. What Time was it?

Martha Love . It was of a Sunday, the 6th of December last, and they quarrell'd about two or three Turnips that were put in the Pot.

Court. Where did they live?

Martha Love . They liv'd upon Twickenham-Common, and I saw him in their own House knock his Wife down with his Fist, and then he run and fetch'd a Club out where the two Hens and a Cock were.

Court. What Club was it?

Martha Love It was a great swinging Stick.

Court. Was she down?

Martha Love . Down! Yes my Lord he knock'd her down like an Ox, and she bled like an Ox at her Nose, Eyes, Ears and Mouth; and I was afraid that he would knock me down too, so I ran out and cry'd help, to their Neighbours and Brother in-law, and they all came in.

Court. Did you return with them?

Martha Love . No, my Lord, but I went in afterwards as soon as he was gone out of the House, and she said, he had killed her, and that was the first Word she said after my Return; and she said so several Times, and she said, that he stampt upon her Stomach, but I did not see it.

Court. Did you see him strike her with a Club?

Martha Love . No, I did not see him strike her with a Club?

Prisoner. Did you see me with a Club in my Hands ?

Martha Love . Yes; Do you see me?

Court. What Club was it?

Martha Love . As near as I can guess, it was the Club of a Hough.

Elizabeth Robertson . As I was a Nursing, I heard that Mr. Miller was come home, and had almost kill'd his Wife, and I went and saw her, and she said, that the Blows she receiv'd upon her Breast, would kill her.

Court. Did you see any Marks of Violence?

Eliz. Robertson. Yes, there were a great many, she was bruised all over upon her Face, Head, Arms and Legs, but most upon her Stomach, and she said the Blows upon her Stomach would be her Death.

Court. When did she say so?

Eliz. Robertson. Not above half an Hour before her Death.

Prisoner. Was not my Wife subject to Fits?

E Robertson. I know nothing of it.

Eliz. Hanstead. When the Prisoner's Wife was ill she sent for me, and I went to her, and found her in a very bad Condition, her Face, Stomach, Thighs, Legs and Arms was very much bruised, and very black.

Prisoner. Was not my Wife subject to Fits?

Eliz. Hanstead. Not to my Knowledge.

Thomas Barker . Mr. Miller came to me the Day before his Wife died, and desired me to come and let her Blood.

Court. Are you a Surgeon?

Thomas Barker . Yes, my Lord, I went and let her Blood, and I found she had violent Bruises upon her Stomach, just below her Midriff, and I took that to be the Cause of her Death, she had a violent suitting of Blood, there were various other Bruises, but none of them that I could presume to say could be her Death.

Court. Did you know her before?

Thomas Barker . Yes, my Lord.

Court. Was she used to have Fits?

Thomas Barker . She was very much subject to Fits?

Court. Do you think that her Fits would occasion those Marks that she had?

Thomas Barker No, my Lord, and how she came by those Bruises I cannot say, for I never asked what was the Cause of them.

Court Was her Body open'd?

Thomas Barker . Her Body was not open'd because the Parish would not be at the Charge of it.

Prisoner. Was not her Fits turn'd to inward Fits?

Thomas Barker . Not as I know of.

Samuel Smith . My Lord, I went and saw the Prisoner's Wife the same Day her Husband had used her in the manner he did, and she said, that the Blows she received from her Husband would be her Death, she had nothing to nourish her, and I believe she would not have liv'd so long as she did if I had not sent her some Provisions, for there was nothing but a Bottle of Water and a Bit of Bread upon the Table.

Prisoner. Had not my Wife Fits at your House?

Smith. She never had Fits at our House but once.

Court. Did she bleed after these Fits?

Smith. No, my Lord.

Prisoner My Lord she has been in Fits, and have not been able to speak in three Hours.

Court. Did you apprehend her Illness arose from Fits?

Smith. No, my Lord, she came to my House, and sat down by the Fire Side, and happened to fall in a Fit, and it held her 3 or 4 Hours, but not Speechless, and this was about 3 Weeks before he came out of Newgate. - After his Wife was dead he came to our House and called at the Window, and my Wife called out to him and said, God bless you, get away, or you'll go to Newgate To-morrow, and he went away, and never was seen in the Parish from that Day to this.

Prisoner. Did not I ask to lay in your House till the Morning?

Smith. He did not, my Lord.

Prisoner. I desire Mrs. Robertson may be asked that.

E. Robertson. When his Wife was dead we laid her out, and took the Child Home to the Prisoner's Brother-in-Law.

Court. Did he ask to lay there?

E. Robertson Yes , and his Sister said, Go your Way or you'll go to Newgate.

Prisoner My Lord, my Brother-in-law took away all my Goods.

Smith. My Lord, I have a Receipt for all the Goods I have, and he owes me above 7 l. besides.

Court to Prisoner. Have you any Witnesses to call?

Prisoner. No, my Lord.

Court. What have you say in your own Defence?

Prisoner. My Wife was very much troubled with Fits, and she told me that they would be her Death, and my Lord, I had 3 Children that died in Fits before, and after my Wife was dead I went to my Brother-in-law's, and said, as they had got all my Goods, I hoped they would bury my Wife, and they said, they would take Care to bury her. Guilty , Death .

20. William Bury , alias Henry Parminter , was indicted for marrying Mrs. Sarah Proctor , a second Wife, Sept. 27, 1739 , his former Wife being now living .

The Counsel for the Prosecution in opening the Charge, took Notice that Mrs. Proctor came from her Brother's in Somersetshire, and lodged at Mrs. Davidge's a Milliner in Covent Garden, where the Prisoner came acquainted with her and married her, and pretended to be a Person of very considerable Fortune; that as he understood her Fortune was not very large, and that as he had a Dependance on an Uncle, therefore desir'd it might be kept a Secret; he promised he would bring a Friend to be Witness of the Marriage; but when he came there was no body in the Coach with him, and the only Reason he gave for not bringing his Friend was, his Fear that his Uncle might know it. Mrs. Proctor was over persuaded, and went with him to Chelsea, and there was married. He took Lodgings for her, and owned her for his Wife, and wrote a Letter to the Brother of this Lady, in which he calls himself his Brother; as one Artisice always wants another to support it, he thought proper to produce a Ring, in which was the Name of Parminter which he said was his Brother deceased, this Crime is of a deep dye; because he had as good and virtuous a Wife as any Man. We shall bring the strongest Evidence to prove the Fact upon him, and doubt not but the Jury will find him guilt, of the Indictment.

2d Council. My Lord, and Gentlemen of the Jury, I am Council on the same Side, this is an Indictment against William Bury , who went under the Name of Parminter, for marrying a second Wife; and we shall prove he wrote a great many Letters full of Love, and afterwards broke open her Box and took them away, we have some of those very Letters to produce, some with, and some without a Name; he told her she might enquire after him at one Mr. Burys, by the Name of Parminter, and said he had a very rich Uncle on whom he had a great Dependance, and therefore desired that the Marriage might be kept secret. On the 27th of Sept. 1739, he drove the young Lady from Mr. Seaton's in Suffolk-street to a House at Chelsea, and a Clergyman came and married them, he staid with her two Days, and then said he must leave her on account of Business; he afterwards moved her from Lodging to Lodging, and the Lady seeing him uneasy in his Mind, asked him what was the Matter? then he fell on his Knees and confessed the whole Fact; we shall shew you this Gentlemen, in a full Light, and we doubt not but you will find him guilty.

John Smith . This is the Register Book of Marriages for the Parish of St. Saviour's Southwark, Oct. 13, 1727, William Bury and Anna Maria Fleetwood .

Henry Parminter I was at the Wedding Dinner, and they have lived together ever since as Man and Wife, I have lodged in his House in Abchurch-Lane, he has two Sons living by her, I cannot remember the Day not the Year, but it was about 12 or 13 Years ago.

Sarah Proctor The latter End of May 1739, I was first acquainted with him. That Man came to Mrs. Davidges and enquired for me, I did not see him the first Time, he came again the next Day, I went with him into the Parlour, and there he told me, that he saw me a going to my Brother's, and asked who I was, and was told where I lived, on which he came to me, and there he declared how much he was in Love, and begged me to give him Leave to make me frequent Visits, which I refused, because he was a Stranger; after that he wrote Letters to me every Day, without my answering any one of them, on which he sent a Porter to me with a Letter, declaring how much he was in Love, he begg'd that if I would not give him Leave to come and see me, that I would meet him in Somerset Gardens, or the Park, he would often endeavour to get me into a Coach, but that I always refused till the Day I was married to him. He went by the Name of Henry Parminter , and he shewed me a Ring which he said was for his Brother William Parminter ; he often pressed me to go into some House or Coach with him, saying I might venture, for he was no Boy. We were to have been married at Richmond, where he said he had taken Lodgings for me, but I put it off till my Friends knew of it, then he let me know that he had taken Lodgings at Chelsea, and we were to be married there, and he consented to let Mr. Seaton in Suffolk-street go along with us, but at Night he sent me a Letter, and in it said, that as the Thing was to be kept private, he would have no body with him but his Friend Bury; at 9 o'Clock I received this Letter, but I had before acquainted Mr. Senton that he was to go along with us; he also said in the Letter, that he would bring a Friend along with him to be present at the Marriage, in the Morning he came there was none but that Man, (pointing to the Prisoner) in the Coach, I asked where his Friend was, and he said he would tell me in going along, which he did, and he said he was afraid Mr. Bury would tell his Wife, and then it would be blown. When we came to Chelsea we went into a House up Stairs, and there a Clergyman came and married us.

Coun. Do you know it was Chelsea.

Sarah Proctor . He told me it was Chelsea. I went to sit down in the Window, and he told me I must not sit down, and there that Man married me (she produced a Ring) and said, that is the very Ring which that very Man married me with. After we was married we went to the Hospital, and we din'd at a Gardiner's where we lodged, whose Name is Singleton. We staid 2 Nights and three Days there, and afterwards I went to Greenwich, and staid there from Saturday till Monday, he said he was obliged to go to Exeter on special Business, but he took Care to write to me every Post, that Man did (pointing again to the Prisoner) Exeter was stamp'd on the outside of the Letters. He staid there a Month, and on his Return I told him, it was sitting that my Brother should know of our being married, I told him that several had wished me Joy; why said he, several of my Friends have wished me Joy too.

Counc. Do you know that?

S. Proctor. I know no more than that Man told me so. I wrote to him at the Bath, and he told me in a Letter, he had a Grandmother dead, and desired I would put myself in Mourning, and that he would let my Brother know of the marriage.

Counc. When did you see him next, after he wrote about the Mourning?

S. Proctor. I did not see him till about the 14th of January.

Counc. Where did you see him next?

S. Proctor. He directed me to meet him in Somerset-Gardens, and I met him in the Street going thither.

Counc. When was that.

S. Proctor. It was in Jan. I was with Child when I went from Mrs. Davidge's, and had about a quarter to go, and while I was there, this Man came to me, and told me, he would go to my Brother himself, and discover the Marriage to him, but instead of that, I had a Letter from him, that his Uncle must not know it; after that he wrote to me, as from Rotterdam, when he came from Exeter, he came to see me, at one Mrs. Jones's, where I then Lodged, he disliked the Lodgings, and desired me to remove to one Mrs. Williams's, in New-North-Street, Red-Lyon-Square, and I was there about 13 or 14 Months, and was there deliver'd of a Daughter now alive. He wrote to me several Letters, acquainting that he had something to tell me, that would shock me to the last degree; when he came to me I desired to know what it was, whether he was in Debt, or had murder'd any body, as to his being in Debt, he said he was, for he was bound for a Person now dead, in a large Sum of Money. I ask'd him if this was true, and he told me, that there was something more than that, and then seeing him again, about 2 Months before I was brought to bed, he told me that he had something to tell me, that he must now let me know, with that he fell on his Knees, hung his Head down, and said that there he would remain till I bid him rise, says he, do you know where you directed your Letters to me my Name is not Parminter, but it is Bury, that he had suffered a great deal for me, and he begg'd that I would keep it a secret, and said that as he had D - d himself for me, he hoped that I would not hang him, and that if I had no regard for him, I should consider what uneasiness it would be to my own Family, I let him remain upon his Knees, till he got up himself; then he put my Hand up to his Eyes to feel his Tears, but I believe he had spit on his Fingers to counterfeit them, and then that Man, (pointing to the Prisoner) left me, and told me that if I made a Noise, he would never come near me again, and at last went away. Two Days afterwards I was taken exceeding ill, and that Man, came to see me, but I could not speak to him.

Counc. After this Discovery, did he come to you again?

S. Proctor. He came 2 Days after and found me exceeding ill.

Counc. Did he come two Days after he said he had d - d himself.

S. Proctor. He did come two Days after he said he had d - d himself.

Counc. After these two Days did you see him.

S. Proctor. I saw him frequently after that, for I was then big with Child.

Counc. When you was brought to Bed, did he come and Father it.

S. Proctor. No, Sir.

Counc. When was you brought to bed?

S. Proctor. I was brought to Bed, October 14, 1740.

Counc. Did he come during your Lying-in.

S. Proctor. He was prodigious ill at the same Time.

Counc. When was the Child christened.

S. Proctors. About a Week afterwards, after the Child was got to Nurse, he came to see it.

Counc. When did the Child go out to Nurse?

S. Proctor. When 6 Weeks old, in New North-street, Red-lyon-square.

Counc. Did you discover this to your Friends?

S. Proctor. I did not discover it to my Friends first, but I was determined to discover it to his.

Counc. Who did you discover it to first.

S. Proctor. I discover'd it first to one Mr. Shippen, who was an Acquaintance of that Man's there (pointing to the Prisoner) that marry'd me; I discover'd it afterwards to one Mr. Fleetwood in the Temple, Brother to his first Wife.

Counc. How long was it after you lay in, that you discover'd it.

S. Proctor. It was about 3 Months after I lay in, after this, I saw him at Mr. Shippen's, in Boswell court, and there I charged him with every thing, as I do now.

Counc. Did he own it.

S. Proctor. No Sir, he said he knew nothing at all of me, and that he had never seen me before, and called God Almighty to witness that he knew nothing at all of me.

Counc. Did he ever make you a Present of any thing.

S. Proctor. Yes Sir, a Gold Seal.

Counc. Is this the Seal.

S. Proctor. Yes, it is.

Council. Did you ever see him write?

S. Proctor. Yes Sir; I saw him write two Songs once.

Counc. Do you know his Hand if you see it? Look on these Letters?

S. Proctor. There are none here but what are of his writing, and these Letters came from him to me. I had a vast Number of his Letters, but he took them from me.

Henry Parminter was asked if he ever saw the Prisoner write, and said he had.

Counc. Do you believe these to be his writing?

Henry Parminter I do believe they are.

S. Proctor. He took many Letters from me three Months after I was brought to bed.

Counc. Where did he take them from you?

S. Proctor. At Mr. Williams's, they were in a black Box, and he took them from me by force.

Counc. Was you in the Nature of an Apprentice at Mrs. Davidge's.

S. Proctor. Yes Sir.

Counc. Was you bound to her for any time.

S. Proctor. Yes Sir.

Counc. When a Porter came to you, did you never go with him according to his Message?

S. Proctor. No, never.

Counc. Was you never with the Gentleman at a Bagnio?

S. Proctor. I was with him once after I was married.

Counc. Was you never at a Place known by the Name of the Turks-Head Bagnio ?

S. Proctor. I never was there with him in my Life.

Counc. You say you was married at Chelsea, where did you dine at Chelsea?

S. Proctor. At the Gardiner's House.

Counc. Did not they call it by the Name of the Whim?

S. Proctor. Not as I knew of.

Counc. Do you know the Clergyman's Name that married you ?

S. Proctor. Yes Sir, his Name was Rider.

Counc. Did you ever see that Man before or since?

S. Proctor. I never saw him after he married me.

Counc. Who gave you away?

S. Proctor. There was nobody gave me away.

Counc. What became of the Parson afterwards, did he go to dinner with you?

S. Proctor. No Sir, he wished us both Joy and Happiness, and he said, that he was sure, that he had made him (meaning the Prisoner) happy, and then went away.

Counc. Had you a Licence?

S. Proctor. He told me that he had a Licence; that he left it among some Papers, but was so lucky as to find it afterwards.

Counc. Had not you the Curiosity to see it?

S. Proctor. No Sir, I depended then on every Thing he did.

Counc. You say he went to Exeter, when he returned, how long after was it you saw him?

S. Proctor. I did not see him for three Months afterwards.

Counc. When was it first that you knew his Name was Bury ?

S. Proctor. About two Months before I was brought to bed.

Counc. How came you not to prosecute him all this while?

S. Proctor. Because I had no Friend on Earth to go to at that Time.

Counc. Did you go to Mr. Shippen with the Warrant.

S. Proctor. Yes Sir, I did a little after it was taken out.

Counc. Why was he not taken up sooner?

S. Proctor. It was not in my Power to do myself Justice.

Counc. By what Name did you christen the Child.

S. Proctor. Anne Camilla Parminter .

Counc. A very soft Name, how came you to call it so?

S. Proctor. He told me his Sister's Name was Camilla.

Counc. Who was it christened the Child?

S. Proctor. The Clergyman of New-North-Street Parish.

Counc. What was his Name?

S. Proctor. Indeed I don't know what his Name is very well.

Counc. Was you never with him at the Turks-Head Bagnio in Golden-Square?

S. Proctor. Only once.

Counc. What Month was it in?

S. Proctor. It was in the Month of January.

Counc. What Year?

S. Proctor. It was after I was married 4 or 5 Months.

Counc. What was the Reason you consented to be married when Mr. Seaton did not go with you?

S. Proctor. The longer I then knew this Man I had the better Opinion of him.

Counc. You mentioned some Letters dated at Rotterdam, do you know where they were wrote.

S. Proctor No Sir.

Counc. Were they not wrote at Mr. William's House in your Presence, and at your Request.

S. Proctor. No Sir.

2d Counc. for Prosecutor. Who had you that Seal of?

S. Proctor. Of that Man.

Counc. Was it before Marriage or after it?

S. Proctor. It was the Day we was married.

A Letter was read directed to Mrs. Proctor, at Mrs. Davidge's, Milliner, at the Three Flower-Pots, Tavistock-street, Covent-Garden. Desiring she would condescend to see him once more, and to direct for him at Mr. Bury's in Abchurch lane. Signed, H. Parminter.

Another Letter,

Rotterdam, June 1740.

Desiring that the Marriage might be kept secret, for his Uncle was such an odd-temper'd Man, that should he hear such a Thing, he would never give him a Groat, and concluded your most affectionate Husband,

H. Parminter.

Another Letter, dated Jan: 20. 1740. directed to William Proctor , Esq; in Crutched Fryars. Wherein he declares, that he was married to his Sister, September was twelvemonth, subscribing himself his unknown affectionate Brother,

Signed H. Parminter.

Counc. Mr. Proctor, did you receive that Letter ?

Wm Proctor , Yes Sir.

Counc. Are you her Brother?

Wm Proctor . Yes Sir.

Counc. Did the Prisoner ever come to your House?

Wm Proctor . Yes, he came after his Marriage with my Sister, and told me, that he came to assure me, that to his Knowledge, my Sister was regularly married; I said to him, I hope you do not come to play Tricks with me, and he said, Oh Sir! not for the World; then said your Humble Servant, and went away.

Prisoner. Did you not tell me that your Sister had told you a great many Stories, of being married to one Parminter, that you did not believe her, and would not trouble yourself about her.

Wm Proctor . I did not.

Mrs. Davidge sworn.

Counc. Where do you live?

Mrs. Davdige. At the Three Flower pots in Tavistock street.

Counc. Did Mrs. Proctor live with you?

Mrs. Davidge. Yes Sir.

Counc. Did Mr. Bury ever come to see her at your House?

Mrs. Davidge. Yes, he came twice to ask for her, the first Time she was not at Home, and I asked him to leave his Name, and he said, no, he would call again; the second Time he came, he walked in the Parlour, and was there with her, about half an Hour; I took him to be a Relation of hers.

Counc. How long was Mrs. Proctor at your House?

Mrs. Davidge. Thirteen or 14 Months.

Counc. Was she bound to you as an Apprentide ?

Mrs. Davidge, Yes Sir.

Counc. Don't you remember any Thing of Poters coming with Messages, and fetching her from your-House.

Mrs. Davidge No Sir; she behaved as civil as and young Woman whatever.

Counc. Did she never lie out of your House?

Mrs. Davidge. Not till the Day she was married, and then she asked me to go to her Brothers.

Counc. Did she acquaint you at that Time, that she was going to be married.

Mrs. Davidge No Sir.

Counc. Pray by what Name did you call her after that ?

Mrs. Davidge We called her by the Name of Parminter before she left our House.

Counc. How long was that before she left you?

Mrs. Davidge. I can't justly tell, she told me she was married to Mr. Parminter, and after she went by that Name.

Counc. When she was with Child, did he give her any Money to be discharged from you.

Mrs. Davidge. She had an ill State of Health, and had the Rheumatism, and I said, I would give her Part of the Money back again; (I had 20 Guineas with her.)

Counc. How much did you give her back?

Mrs. Davidge. I can't tell what I proposed then to return.

Council for Pris. I ask you whether she did not give you Money to be discharged?

Mrs. Davidge. No Sir, I did not receive any Money.

Counc. Did you suspect her to be married, or with Child?

Mrs. Davidge. I did not till she told me herself.

Counc. When did she tell you?

Mrs. Davidge. I cannot tell the Day, nor the Month.

Mr. Winterton sworn.

Counc. Where do you live?

Winterton. At Chelsea, when the Gentleman came to our House, we was cutting up a Pig, and he said it looked very good, and ordered some of it for Dinner?

Counc. When was this ?

Winterton. About September the 27th, 1739, after they had dined, he desired me to help him to a Lodging, for him and his Wife near that Place; I called my Wife, and she got one for them at Mr. Singleton's a Gardiners.

Mrs. Singleton. I live at Chelsea.

Counc. Do you know that Gentleman ? Did he lodge at your House?

Mrs. Singleton. Yes.

Counc. How long ago was it?

Mrs. Singleton. It is three Years ago come next Michaelmas.

Counc. Who was with him?

Mrs. Singleton. That Lady Sir, (pointing to Mrs. Proctor)

Counc. In what Manner did they live at your House, as Man and Wife?

Mrs. Singleton. They went for such to us, and lay together.

Counc. Did they lodge there as Man and Wife?

Mrs. Singleton. Yes Sir.

Mary Jones . I live in King-street, Golden-square, I knew Mrs. Proctor before she was married, she lodged a Month at my House after her Marriage, the Prisoner came to see her, and did not like the Lodgings.

Counc. By what Name did she go by at your House?

Mary Jones . She went by the Name of Parminter.

Counc. Did you take him for her Husband?

Mary Jones . No, I took him to be a Friend of her Husband's.

Eliz Williams Sworn.

Counc. Did you ever see the Prisoner before?

Eliz. Williams. Yes, Sir, many Times at my House; the Day the Lady was to come to my Lodgings he came and met her there, as a Friend of her Husband's.

Prisoner. Did I ever lie in your House?

Eliz. Williams. No, Sir.

Counc. How long did she lodge at your House?

Williams. About 14 Months from Aug. 13, 1740.

DEFENCE.

Prisoner. The first Time I saw this Mrs. Proctor was by Accident, I met her in Cannon-street, she had a Hat over her Face, I took her by her Air to be a Mistress of the Town, I followed her, and spoke to her, and asked her Name, which she immediately told me; I asked her to drink a Glass of Wine, she said she could not then stay, and was going to a Persons in the City, but I live says she at Mrs. Davidges a Milliner, at the 3 Flower-Pots in Tavistock-street, Covent-Garden, and there you shall be welcome to drink a Dish of Tea; in 2 or 3 Days after I went to see her, the first Time she was not at Home, the second Time I found her at Home, and we drank Tea together, when we had so done, I told her I should be glad of an Opportunity of seeing her abroad, and she said, if I would send a Message to her she would come, or let me know why she could not by a Letter. I told her to direct her Letter to Mr. Parminter, to be left at my House, that if the Letter came directed to me it might fall into my Wife's Hands, and the Thing would be discover'd; upon this she directs a Letter to Mr. Parminter, to be left at my House, which my young Man received, and gave to Mr. Parminter, who afterwards told me he had received such a Letter, but could not tell what to make of it, but he thought it might come from an old Mistress of his. After this I sent a Porter to Mrs. Proctor from under the Piazza's in Covent-Garden, and she came to me, and said that at Time she was very busy, that if I came another Day she might be more at Leisure. The next Time I sent a Porter again, and she came to me, and I called a Coach, and we went to a Bagnio, I took her up into a Room, and told her here we was private, and might stay all Night; she did not deny me any sort of Freedom, (I must do her that Justice) I sent a Porter another Time, and she came to me, and said, if you will get me a Lodging I will go with you. This second Time I had her out to the Park, and walking near Rosamon d's-Pond there was some Trees cut down, which serv'd us for a Bed, and there I told Mrs. Proctor my Name was Bury, and that I was a married Man, and said, if you will give me the Pleasure of your Conversation I shall be very much obliged to you, from that Time she sent Letters to me directed to be left at Will's Coffee-House, Cornhill. After this I went up to Jenny's Whim at Chelsea, and I asked the Man of the House to get me a Lodging, and I declare I did say that it was for my Wife, and I should bring her next Week, it was at Mr. Singleton's. The next Week she went with me, I called upon her at Mr. Seaton's in Suffolk-street, there was two Ladies at the Door, and we drove to Chelsea, went to the Whim and bespoke a Dinner; I enquired how long it would be before Dinner would be ready, and in the Interim we took a Walk in the Garden, after that went to dine at Mr. Singleton's where the Lodging was taken, and lay there two Nights; then we came down by Water, I was landed at Billingsgate, and she said she was going to her Sister's. Soon after that I went out of Town to Exeter, and saw no more of her till the Month of January, and indeed I heartily repent that I ever saw her; I believe at Will's Coffee-House I received 100 Letters from her. After I came to Town she sent a Letter desiring to see me, and that she must speak with me, or otherwise she would come to my House, accordingly I met her in Somerset Garden, and she told me a Story of her being under great uneasiness, because Mrs. Davidge had discovered that she did not come to her Brother's House till Saturday Night, and she said that made her very uneasy; I asked her if she could go out with me to Night, she said she would go with me any where, I then said we will go to a Bagnio, the next Morning I brought her Home again. This was the second Time we had been there, and the Woman Waiter gave her a Handkerchief she left there the Time before. Some Time after this about Midsummer, she said she was out of Order, and was with Child, and that Mrs. Davidge had a Suspicion of it, says I, I am very busy now and left her. I met her a second Time, and she said that Mrs. Davidge has intercepted some Letters, that she was big with Child, and threaten'd to tell her Brother of it; she said that her Mistress had 40l. with her when bound Apprentice, and that she expected 20 l. more if she quitted her Service. Says I, you must see and moderate the Matter with your Mistress; however I was to meet her again, and when I met her she told me that she had prevailed on her Mistress to take 12 Guineas, says I, you should speak to your Brother, it is a most abominable Imposition on me; she wept, and asked if I would let her have the Money, says I, I will give you 6 Guineas, which I did then give her to get rid of her; afterwards she told me at another Time that she had brought her Mistress down to 10 Guineas, and I gave her 4 more, and then she said she would look out for a Lodging, which when she had done she sent to me to come to her there, I saw it was a little poor Lodging, and she said she did not intend to stay there, and would look out for another. After this she sent me Word that she had found another Lodging, but refused being taken in except somebody knew her, she said she had mentioned my Name, I went up there, and the People of the House asked me if I knew one Mrs. Proctor, I said, yes, and then they took her in; after this she grew near her Time, and when she was brought to Bed she came to me, and asked me to go and see the Child, I said it was no Business of mine, and I did not go to see her for 6 Weeks or two Months after, and then the Child was at Nurse in at the next Door; she would have sent for it for me to see it, says I, I don't want to see the Child, in short, she prevailed with me at last to go and see it, and there the Nurse was, and that was the only Time I ever was there. After this she came to me, and said her Brother would be reconciled to her if I would go and tell him that she was married to Mr. Parminter, Parminter! says I, how can you mention such a Name, Mr. Parminter is a first Cousin of mine, says she, if you will write a Letter in the Name of Parminter that will satisfy my Brother, I shall go out of Town and never return again; why, says I, a Thing of this Nature may be of ill Consequence, Mr. Parminter is in London, and will (provibly) find it out, but however, by her Intreaties and Tears I was at length very foolishly brought to a Compliance, and I wrote while she was by me, and directed it, she would have me send it myself, and I said no, at the same Time I wrote Letters to her in the Name of Parminter, as from Rotterdam, there was no Post Mark upon those Letters, that I wrote them is very certain, and this she said would satisfy her, accordingly I did do it, and heard no more of her till some Days after; then she told me her Brother was not yet satisfied, but insisted upon seeing me, who was a supposed Friend of her Husband's, says I, I don't know your Brother, if he will not believe it I can't help it, says she, why will you not be so good as to go, it is but to Crutched-Fryers; at last one Morning I went, and waited for him, he came down, then I told him I waited on him at the Desire of his Sister. Sister, says he I say Sister, Sister tells me many Stories of a Cock and a Bull, and tells me of being married to one Parminter, but I do not believe any Thing about it. I said if he did not believe it 'twas no Fault of mine. After this she came to my House, and found me at Home, and said if I would write her a Letter of Recommendation, it would help her off with the Child; accordingly I did write a Letter, and in it represented that I knew her, and thought her an Object of Compassion, (whilst I was writing this my Wife came into the Compting-House) and told her this is the last Thing I can or will do for you, and when I had so said she went away, and I saw or heard nothing of her till 3 Months after that, when Mr. Shippen acquainted me that a Woman told him a Story about a Bond; after that she desired to see me there, accordingly I went, and there she run on a rig-me-roll Story, and said, that I had married her at Chelsea; when she charged me with it, I flew into a Passion, and quitted the Room, or otherwise I might have done her a Mischief. Mr. Shippen afterwards asked me why I could not keep my Temper, says I don't talk to me, I happen'd only to pick her up as a common Woman, afterwards she went to my Brother-in-law's, but however he did not think fit to send to me, but when he saw me told me, that there was a Woman that said she was married to me but bid me take no Notice of her, for he supposed she only wanted to get a little Money out of me. After this I heard no more of her, till she had applied for a Bill of Indictment, which was in January last, the Sessions passed over and no Notice taken of it, at last brings a Warrant to Mr. Shippen, here is says she, a Warrant, and if he does not comply he will be taken up in in two or three Days Time. Mr. Shippen after told me of this, and I could not believe it; says he, you must go and enquire, and upon Enquiry I found it was so, and when I found it, I immediately gave Notice of Trial, why, says my Brother, says he, they only want a little Money of you, you had better give it them. No, says I, as it is made public I will at all Events bring it to a Hearing.

James Legg . sworn. (seeming much afflicted with the Palsy.)

Coun. What is your Business?

Legg. A Porter in Covent Garden.

Coun. Was you so in the Year 1739?

Legg. I have been a Porter this 30 Years.

Coun. How long have you been in this bad Condition?

Legg. About 4 Years.

Counc. Do you know Mr. Bury.

Legg. Yes, Sir.

Counc. Did you go for him to one Mrs. Davidge's to enquire for any one, with a Message.

Legg. Yes, Sir.

Counc. Who was it you went to enquire for?

Legg. I enquired for one Sarah Boulton .

Counc. How many Times did you go for her?

Legg. About half a dozen Times.

Counc Where does Mrs. Davidge live.

Legg. In Tavistock street, Covent Garden.

Counc. What Business was she?

Legg. A Limner.

Counc Was it a Man or Woman who keeps the Shop.

Legg A Woman

Counc. Can't you recollect what Business ?

Legg Yes, a Milliner.

Counc. Pray what was the Name you went to ask for?

Legg. I went and asked for one Sarah Boulton .

Counc. Should you know her again if you saw her?

Legg. Yes, there she sits (pointing to Mrs. Proctor.

Counc. Was she always ready to come?

Legg. Yes, she was always ready.

Counc. How many Years ago was this?

Legg. This Summer was 2 Years.

William Best sworn, but not examined.

Alice Lee sworn.

Counc. Where do you live?

Alice Lee . At the Turk's-Head Bagnio in Golden Square.

Counc. Do you know Mrs. Proctor?

Alice Lee . I have seen her twice at our House with that Gentleman.

Counc. When was that?

Alice Lee . A little before I came away. She left a Cambrick Handkerchief the first Time; I did not think ever to see her again, but when they came the second Time I knew them.

Counc. Pray what did you hear the Gentleman call her?

Alice Lee . I heard him call her Sally, and they went into a Room, and I asked if she had not left a Handkerchief here, she said, yes.

Prisoner. Did you take us to be Man and Wife?

Alice Lee No, Sir.

Prisoner. How long did we stay the first Time?

Alice Lee . All Night.

Prisoner. How long the 2d Time?

Alice Lee . Some Hours.

It was taken Notice of that this was after the Marriage.

Hugh Bennet sworn.

Counc. Do you know Sarah Proctor ?

Hugh Bennet . Yes, Sir.

Counc. Where do you live?

Hugh Bennet . I live at Mr. Bury's.

Counc. Do you remember any Thing of Mrs. Proctor's coming there in March last was twelve Months.

Hugh Bennet . She came 2 or 3 Times one Afternoon, and enquired if he was within? I answer'd No, at last says she, I beg Leave to stay till he does come in; in a very little Time Mr. Bury came in, and went into the Parlour with her, and then into the Compting-House, and there was a writing, but what passed I do not know.

Counc. Did she see Mrs. Bury?

H. Bennet: After they had been some Time in the Compting House, Mrs. Bury came down Stairs, and went into the Compting-House to them, but what passed I cannot tell. Mrs. Proctor saw Mrs. Bury, and took her Leave of her, and went out.

Counc. Do you know of any Letters sent to your House, directed for Mr. Parminter?

H. Bennet. Such Letters came often to our House, Mr. Bury read one of them, then flung the Letter into the Fire; before it was quite burnt, it went out, and one of the Maids I believe, had a Suspicion of something, - catched it out of the Fire, before it was extinguished.

Counc. Have you got it here?

H. Bennet. No, I have lost it.

Frances Lock sworn.

Counc. Where do you live?

F Lock. At a Public House at Chelsea.

Counc. Do you know any Thing of Mrs. Proctor?

F. Lock. Yes, I have seen her twice: She came in Company with several Persons, to our House, she went up Stairs, and told me, she was married in my Room, and desired to know if I knew any Thing of the Wedding, I said I knew nothing of it to my Knowledge, and that it was a very odd Thing for any one to offer to have a Marriage there, and not acquaint me with it.

Counc. Pray can't you recollect that about Michaelmas, 1739, three Persons, a Man, Woman, and a Clergyman, came to your House, and was up Stairs together?

F. Lock I know nothing of it, it was a wrong Thing, if it was done, afterwards Mr. Bury, came and asked me about the same Thing.

William Lock sworn.

Counc. Did you ever see Mrs. Proctor at your House?

W. Lock. Never but twice, the first Time was about four Months agone, and she asked me if I saw three People come in a Coach, then went up Stairs, and staid there a little while, and neither eat nor drank, and came down again; one Mr. Compton ask'd several Questions about the same Matter, whether I could remember any Marriage about two Years ago, and I said, I could remember nothing of it.

Council to Mrs. Proctor. I beg Leave to know how you got into the House?

Mrs. Proctor. The Coach stop'd there with that Man in it along with me, there was that Woman stood at the Door with a Child in her Arms, he, the Prisoner, walked up, and I follow'd, and the Clergyman came into the Room immediately afterwards.

Counc. Did nobody introduce you into the room?

Mrs. Proctor. No body: After we was married, that Man and I came down Stairs, and went into the Coach, and the Clergyman went away.

Mrs. Lock was asked whether she ever remember'd a Coach coming to her House with three People in it: Said, she remember'd to have been told, that three People did come in a Coach whilst she was gone to buy Vinegar, but was gone before she came back.

Counc. How long was that ago?

Mrs. Lock. About five Years ago.

Counc. How often did Mrs. Proctor come to you about this Affair?

Mrs. Lock. About five or six Times.

Court. You said first it was but twice, now you say 5 or 6 times.

Mrs. Lock I am sure it was 4 times.

Mary Ham sworn.

Counc. Do you know Mrs. Proctor?

Mary Ham . Yes Sir, she asked me if I remember'd any private Wedding, and I said no: Then she asked me, if I remember'd a Coach coming there with 3 People in it: I said I did remember something of a Coach coming there with 3 People in it, about 5 or 6 Years agone, when Mrs. Lock was gone out to buy Vinegar.

Court. How old is your Child?

Mary Ham . If it had lived it would have been five Years old.

Court. How old was your Child when the Coach came to the Door?

Mary Ham . I can't tell.

William Raine sworn.

Counc. Was you in Woodstreet-compter in January last.

W. Raine. Yes Sir.

Counc. Do you know one Mr. Compton?

W. Raine. Yes Sir, I saw him in Woodstreet-Compter about the beginning of January last, he call'd Mr. Rider, and I went down to drink a Pot of Beer in the Cellar.

Counc. Do you know what pass'd betwixt them?

W. Raine. I know nothing but what Mr. Rider told me afterwards.

Court. That is no Evidence.

Mr. Kelk, sworn. I have known Mr. Bury this 18 Years, and have dealt with him for a great deal of Money.

Counc. What is his private Character as to Chastity ?

Kelk. If I may go by hearsay, I have heard he has been addicted to Women.

Mr. Winterbottom, sworn. I have known Mr. Bury 22 Years, and he always bore the Character of a very fair Trader.

Rev. Mr. Bourn I have known him between 9 and 10 Years.

Counc. What is his general Character?

Bourn. His general Character is that of a good Neighbour and Parishoner, I never heard any Thing bad of him.

Counc. Do you think he would not converse criminally with a Woman?

Bourn. That I will not take upon me to say.

Mr. Eldrige. I have known Mr. Bury 20 Years.

Counc. Do you think he would be guilty of such a Thing as he is charged with.

Eldrige. I believe not.

Mr. Brown. I have known him these 20 Years.

Counc. What Character does he bear?

Brown. Bears the Character of a considerable Dealer and an honest Man.

Counc. Do you think he would be guilty of the Fact he is charged with?

Brown. I have heard the whole Charge, and I can't think he would be guilty of such a Crime.

Alderman Lambert. I have known him more than 20 Years, I know him to be a considerable Dealer, I know nothing of his private Character.

Upon offering to call Witnesses to the Character of Mrs. Proctor, the Court declared it was sufficiently cleared already.

The Jury went out, and after a short Stay brought the Prisoner in Guilty of the Indictment.

[Branding. See summary.]

21. Cecilia Wilson , of London, Spinster , was indicted for stealing six Spoons, value 25 s. a silver Snuff-box, value 12 s. and 2 Tea-spoons, value 3 s. and other Things , the Property of Isacc Lindo , a Jew , May 21 .

I. Lindo sworn, his Hat being off.

Juryman. I desire to know if he thinks an Oath taken to be equally binding, with Hat off, as on.

I. Lindo. I think it equally binding, but will do it as his Lordship pleases. The Court was satisfied with the Oath he had taken.

I. Lindo. This Day fort night, when I came down Stairs in the Morning, my Servants told me that the Prisoner was gone, and they were afraid that something might be missing, I examin'd the Plate, and found wanting 6 silver Spoons, and 2 Tea-spoons, and when I dres'd myself, I missed my silver Snuff-box; the Prisoner, who was my Servant , never appeared any more at our House; I publish'd a Reward in the public Papers, and caused Notice to be given from Goldsmith's-Hall; the Prisoner was taken up this Morning with the Goods; I had her before a Justice, where she was examined, and she said, she was sorry that she had committed the Fact, and that some body had perswaded her to it.

J. Johnson. The Prisoner at the Bar was coming up Old Gravel Lane this Morning, and two Women with her, they met me, and said, they wanted a Constable to take a Woman that had robbed a Jew, and said, she had the Goods about her: I said, I was a Headborough, then out of the Women made a snatch at her Pocket, and her Landlady took out a Snuff-box, a silver Spoon, and a Tea-spoon, and said, that there was more Things belonging to Mr. Lindo, a Shirt, and a Sheet, the Prisoner said, she had nothing else, for a Man had made them away; the Things were produced in Court, and Mr. Lindo claimed them to be his.

Guilty 10 d.

[Transportation. See summary.]

22. Michael Erant , of London, Labourer , was indicted, for that he, not having the Fear of God before his Eyes, but being moved by the Instigation of the Devil, of his own Malice and Fore thought, did willfully make an Assault on , and with a clasped Knife, gave her one mortal Wound, the Depth of four Inches, in her Belly, of which Wound she instantly died . May 23 .

He was likewise a second Time indicted on the Coroner's Inquest for the same.

At the Prisoner's Request, the Witnesses were examined a-part.

Mary Jones sworn.

Court. Do you know the Prisoner at the Bar ?

Mary Jones . I have known him a pretty while, and his Wife likewise they had Words for a Week before this Murder happened.

Court. When did this happen?

M. Jones The 23d of May the Murder was committed: Going by the Door, and knowing them to be at variance, and hearing them quarrelling, I went in, and the Deceased asked me to look for a Pack of Cards, she (the Deceased) looking on the Shelf, saw a Coffee cup, and said, it was hers, and swore she would have it, the Prisoner swore she should not; then she swore again she would; and with that, he gave her three or four Blows on the Face, and said, if she would not lay it down, it should be the worse for her, and then went her very much, with that she pulled a little Knife out of her Pocket, and swore she would kill him, or be killed; she did not offer to open the Knife, but put it into her Pocket again; then he pulled out of his Pocket a large Clasp Buckshorn Handle Knife, and swore if she would not begin first, he would; with that, he run up to her, and thrust it into her Breast as far as it would go, then the poor Creature came and took hold of me, and bled upon me, and she said, God Almighty forgive him, for I do, and she spoke no more, but died away directly.

Court. How long did she live after the Wound was given.

M. Jones. A few Minutes: They had had some Words for a Week before, and she lived with me.

Court. Was you present at any Dispute before?

M. Jones. No Sir.

Court. Did they live together as Man and Wife?

M. Jones. Yes, for about 12 Months.

Prisoner. Is your Name Jones?

M. Jones. Yes.

Prisoner. And please you my Lord, her Name is not Jones; did you see any Knife in my Hand?

Mr. Jones. Yes.

Prisoner. Did she not threaten my Life.

M. Jones. My Lord, she threaten'd his Life, and took a little Knife like a Penknife out of her Pocket, but put it up again without offering to open it.

Edward Standin . I was in the House when the Murder was committed, but did not see him strike her; there were Words arose about a Coffee-cup, and she pulled out a Knife without offering to open it, and put it into her Pocket again; in a short Time afterwards, Mary Jones said, O Lord! he has stabb'd her, and I looked and saw she bled very plentifully, the Knife fell down between the Bed and the Drawer; I went to Doctor Hazleworth , and he came.

Court. Was she alive when the Doctor came?

Standin. Yes.

Court. How long did she live from the Time she receiv'd the Wound?

Standin. She liv'd about a Quarter of an Hour.

The Knife was then produc'd in Court.

Court. Is that the Knife?

Standin. Yes, my Lord, that is the Knife with which the Murder was committed.

Prisoner. Pray was not I in Bed when you came, and did not you strip on purpose to fight me?

Standin. No; - There was a Warrant in the Pocket of the Deceased, where she had sworn her Life against him, she had a Mark upon her Breast, as broad as a Crown Piece, and as black as ever you saw any thing in your Life, but this Mark she had before this Murder happen'd.

Mr. Whittell. Please you my Lord, the Quarrel first begun about a Tea Cup, she took it up in her Hand and said it was hers, and would have it, and he said if she took any thing out of his House he would beat her, but she insisted on keeping it, and he gave her two Blows on the Face; she took then a little clasp'd Knife from her Pocket, and swore she would either have his Life, or he should have her's.

Court. What did she do with the Knife?

Whittell. I can't tell what she did with, for I saw it no more, and I did not see when the Wound was given, but when I saw Blood I thought her Finger was cut, and as soon as I understood the Wound was given, I went out, and can't tell how long she lived after it.

Samuel Fletcher . My Lord, last Sunday 7-night, I saw a Concourse of People, and I went into the Room and saw a Corpse lie on the Floor, a Coroner was sent for, and I found a Wound in the Abdomen about 3 quarters of an Inch long, and when I open'd her Body, another in the Liver, about 2 Inches and a Quarter deep, which I believe was the Cause of her Death.

John Jones . My Lord, I had been along with my Wife, my Father and Mother, and coming by where the Prisoner lives, I heard a Noise and went in, and I found the Deceas'd had taken up a Cup, and the Prisoner desired her to lay it down again, and she said she would not, upon that, he ( the Prisoner ) struck her 2 or 3 blows; she then pull'd out a Knife from her Pocket, and swore she'd kill, or be kill'd, and then he run up to her, and said, that is what I wanted, and I'll begin first.

Prisoner. Did you hear me say so?

Jones. Yes, and he run up to her, and I thought he struck her 'till I saw him fling the Knife down, and said, Lord! Lord! what have I done?

Jury. Did you see him stab her with the Knife.

Jones. No, I saw him run at her.

Prisoner. My Lord, she run at me.

Jones. She sate by the Dresser, when he run at her, and I saw the Blood stie upon my Wife's Apron.

Court. Did you stay there 'till she died?

Jones. Yes, my Lord, but before she died he desired a Surgeon might be fetch'd, when the Surgeon came, the Prisoner said to him, if you can save her Life this Time, I will never do the like again, and the last Words she said to him was, The Lord forgive him for I do.

Court. Who was the Surgeon?

Jones. I don't know the Man's Name.

Court. Was she alive when the Surgeon came?

Jones. Yes, my Lord.

Court. How long did she live after he came?

Jones. A small Time.

Prisoner. I desire to know if Jones has a Wife?

Jones. Yes, my Lord, the Blood of the Deceased flew upon my Wife's Apron (The Apron was produced in Court stained with Blood).

John Corbet . I and another went into the Prisoner's House who sold Drams, and we called for one, and whilst we were drinking it, the Deceased took a Cup from the Shelf, and he damn'd her, and told her she should not have it, she said she would, and he struck her 2 or 3 Blows, and after that she went and sat down, and got up again, and went to kiss him, and he struck her again, then she took a Knife out of her Pocket, and put it up again, without opening it, and the Prisoner went up to her, and I thought he went to strike her as before, I did not observe any Knife in the Prisoner's Hand, and when I saw the Blood run down I was frighten'd out of my Wits, and he sent for a Surgeon, and said, for God's Sake save her; afterwards went out of the House, and was taken in Hog-Lane.

Stanton. Last Sunday Sen'night I went into the Prisoner's House to drink a Dram, and after that I went to the back Window and staid there, but heard no Words, nor saw no Blows, when I turned about I thought I saw Blood, and when I ran in I saw it was the Deceased that bled, I have nothing more to say.

Counc. Did they live together?

Stanton. They liv'd together about 10 or 11 Months.

Court. Did they pass as Man and Wife?

Stanton. He always acknowledg'd her as his Wife.

The Prisoner then called several for his Character.

Thomas Markham . I have heard the Prisoner forwarn this Woman (the Deceased) his House several Times, she came and bred Riots, and threaten'd his Life more than once or twice the Saturday Night before this happen'd, I was present when Mr Grant was coming along, she said she was determin'd to stick a Knife in him.

W. Chambers. Mr. Grant took an Appartment of mine, and the Deceased and she liv'd about 10 Weeks in it, that's all I have to say.

Daniel Walls . I have known the Prisoner from a Child, he always behaved honestly, was a Weaver, and one that worked hard for his Livelyhood.

Sarah Davicore . I have known him ever since he was born, and his Parents, he was always a very sober Man, and a very hard worker for his Bread.

John Gerraw . The Prisoner work'd for me about a 12 Month, and lived next Door to me about a 12 Month after, he did his Work very faithfully and honestly.

Mr. Pearson. I have known the Prisoner a great many Years, we were School-fellows together, and I never heard any Harm said of him or his Mother, and this is all I have to say in his Behalf.

Richard Whittingham . I have known the Prisoner about 2 Years, I keep a Publick-House, and he came as an another Man may do to my House, and what he called for he paid for.

Court. Did you know his Wife?

Wittingham. No, Sir.

Mary Christopher . I have nothing to say, but that the Prisoner worked for me in the Weaving Business, and behaved very well.

Eliz. Cross. I have known the young Man a great while, almost ever since he was born, he was brought up within 4 Doors of me, he always appeared to be a very honest saving young Man, I keep a Publick-House, and I never knew him breed a Quarrel in my Life.

Eliz. Tipping. I have known the Prisoner 8 or 9 Years, I keep a Chandler's Shop next Door to him, he always behaved very well in the Neighbourhood, I never heard he had a Wife, he lived with a Woman, but I believe they lived together not as Man and Wife.

Court. Did you ever hear they liv'd together not as Man and Wife?

Tipping Yes, Sir.

Thomas Markam . I have known the Prisoner about 18 Years, and never heard that he wrong'd Man, Woman or Child, in my Life.

Robert Brittonham . I have known him ever since he was a Child, and never heard any ill of him, he always was a hard working young Man:

Defence.

The Deceased drew her Knife, and swore she would have my Life, or I should have hers, upon which I drew my Knife in my own Defence, and she run up against it, and stabb'd herself. Guilty , Death .

23. Mary Atkins , was indicted for stealing a Glass Lamp , the property of the City, May 6 ,

Guilty 10 d.

[Whipping. See summary.]

24. Stephen Price , was indicted for stealing a silver Water's, value 38 s. the property of Thomas Howard , May 29 .

Guilty .

[Transportation. See summary.]

25. Richard Parker , indicted for Perjury , first Pleaded not Guilty; and afterwards withdrew his former Plea, and Pleaded Guilty .

[Pillory. See summary.]

26. Thomas Walker , indicted for Perjury , and no Evidence appearing he was acquitted

27. Francis Pott , was indicted for Perjury , and no Evidence appearing he was acquitted .

28. Henry Rooke , was indicted for defrauding the Corporation for the Relief of Poor Clergymen's Widows , of several Sums of Money, by means of false Certificates, having receiv'd five Pounds Annually for 22 Years last past, as a gift to his Mother, she being the Widow of a Clergyman Deceas'd, pretending her alive, when in fact she has been Dead all the while , he pleaded not Guilty, but afterwards begg'd leave to retract his former Plea, and pleaded Guilty .

[Pillory. See summary.]

[Imprisonment. See summary.]

James Annesley and Joseph Reading , were brought to the Bar, in order to take their Tryals for a Murder committed near Stains; on a Man when Fishing , the Court being cleared, the Jury sworn, and the Indictment read over, he begg'd leaves to be heard a few Words, and then said, My Lord, ' I observe I am indicted by the Name ' of James Annsley , Labourer; and notwithstanding ' I claim to be Earl of Anglesea, and a ' Peer of this Realm, I submit to plead not ' Guilty, to this Indictment, and put myself on ' God and my Country, out of a Consciousness of ' Innocence, and an Earnest Desire of being acquitted ' of a Crime so unbecoming the Dignity ' I Claim.

But being late in the Day, and the Court expecting this Tryal (being of an extraordinary kind ) to last many Hours, it was mov'd to put it off till next Morning, or to admit them to bail, and try them next Sessions, which at last, after many Arguments, was agreed to, by the Council on both sides, and the Prisoners was accordingly admitted to Bail, Annsley under four Suerties of 250 l. each, and Reading under four Suerties of 50 l. each.

His Majesty having been graciously pleased to extend his Mercy to Thomas Cross , who was convicted for Forgery in the Year 1738, he was call'd to the Bar, and Pleaded his Majesty's Pardon, upon Condition to be Transported for Life , whereupon Sentence according was pronounc'd on him.

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

Received Sentence of DEATH, 2.

Thomas Miller , and Michael Grant .

BURNT in the HAND 1.

William Bury alias Parminter.

To be WHIPPED, 5.

Deborah Fisher , Mary Alsorp , John Higgison , Mary Atkins , and Garrat Vandyke.

TRANSPORTATION, 8.

William Shad, Cecilia Wilson, Anne Godfrey , Martha Terry , Mary Hales , William Fairfax , Elizabeth Barber , Stephen Price .

Henry Rooke was ordered to stand twice in the Pillory one time in Salisbury-Court, the other at Cheapside Conduit, and be imprison'd for three Months. Richard Parker , was ordered to set on the Tumbler of the Pillory, on account of his ill State of Health

His Majesty having been graciously pleased to extend his Mercy to Thomas Cross , who was convicted for Forgery in the Year 1738, he was call'd to the Bar, and Pleaded his Majesty's Pardon, upon Condition to be Transported for Life , whereupon Sentence according was pronounc'd on him.