Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 April 2014), September 1742 (17420909).

Old Bailey Proceedings, 9th September 1742.


THURSDAY the 9th, FRIDAY the 10th, SATURDAY the 11th, and MONDAY the 13th of September.

In the 16th Year of His MAJESTY'S Reign.


Right Hon. George Heathcote , Esq; LORD-MAYOR of the CITY of LONDON.


Printed and Sold by T. COOPER, at the Globe in Pater-Noster-Row. 1742.

[Price Six-pence.)

Of whom may be had, The Trial of James Annesley and Joseph Redding , at the Sessions-House in the Old-Bailey, on Thursday the 15th of July, 1742, for the Murder of Thomas Egglestone .


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

BEFORE the Right Honourable GEORGE HEATHCOTE , Esq; Lord-Mayor of the City of London, Sir JOHN STRANGE , Knt. Recorder, Mr Serjeant URLIN, and others of His Majesty's Justices of Oyer and Terminer for the City of London , and Justices of Goal Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

James Carter ,

Barthelomew Paine,

Richard Wheeler ,

Goldsbury Frost,

Nicholas Polliday ,

William Clarke ,

Joseph Tumar ,

Jeremiah Flipper ,

William Sclater ,

William Lasting ,

Matthew Jarman ,

James May .

Middlesex Jury.

Thomas Nicholls ,

Ralph Marsh ,

Daniel Weedon ,

Jarvis Weston ,

John Marsh ,

Henry Barnet ,

Henry Bristow ,

Nathaniel Whincop ,

Edward Milward ,

John Atwood ,

John Jackson .

55. Christopher Peterson , otherwise Jack the Sailor , was indicted * with one William Briers, for stealing an Oil-Skin Bag, and seventeen Pound Weight of Tea, the Property of William Barton , out of the Shop of the said William Barton . February 10 .

* He was committed for breaking open the House of Messuurs Huntley, Linnen Drapers in Leaden-Hall-Street .

Joseph Graham . On the 10th of February last, between the Hours of seven and eight in the Evening, a young Man came in, and bought a Penny-worth of Sugar-Candy, and a few Minutes afterwards another came in; in the mean Time a Gentlewoman came in for a Quarter of a Pound of Sugar; while I turned my Back, another young Man said, Call as you come back; and then I believe two Persons took this Bag of Tea, but I cannot say the Prisoner at the Bar was one. It is the Property of John Barton . There was seventeen Pound Custom-House Weight, it was worth above 5 s. a Pound. - It was about an Hour after they went out of the Shop before I missed it. - I cannot tell whether there was any other Customer in the Shop, between the Time of their going out and my missing it.

William Cavenagh . On the 10th of February , between the Hours of seven and eight in the Evening, the Prisoner, William Briers , and myself, went to the Corner of the Old-Bailey; William Britrs went in first, and asked for a Pennyworth of Sugar-Candy, I followed him into the Shop, and was with Briers, to skreen the Prisoner from being seen by this Gentleman; and the Oil-Skin Bag, with the Tea in it, was taken away by the Prisoner at the Bar. - I saw him take it, because I waited to see when he had it, that I might go away; and Briers said as we were going out, I might call as I came back. We sold it to one Elizabeth Bartfoot for five Shillings a Pound. I think it came to 4 l. 5 s. - Briers is transported + for another Fact. - I am in Custody of the Keeper of Newgate. I am in no Business now; I was bound to an Attorney.

+ He was convicted in April Sessions of stealing two Perukes from Mr Bonnell .

Prisoner. I have nothing at all to say. I leave it in your Hands, my Lord. I have no Friend in the World. Guilty, Death .The Jury recommended him for Mercy .

56. William Edwards , of St George's Bloomsbury , was indicted for stealing one Piece of Gold Coin, val. 3 l. 12 s. two Pieces of Gold Coin, val. 36 s. each, and four Pieces of Gold Coin called Guineas the Value of 4 l. 4 s. the Property of Thomas Clarke , in the Dwelling-House of the said Thomas Clarke , the 22d of August last.

Thomas Clarke . I went to Church on Sunday the 22d of August, and when I came back I found my Drawer open, it is a Drawer in a Chest of Drawers; and about two o'Clock this Lad came Home a little fuddled. He had lived with me about three Months. - Mr James (the next Witness) was with him, and he begged Pardon, and said he would never do so any more. - He begged Pardon for being Drunk, for he had not been charged with any thing. - I was asked if I had sent him to receive any Money for me, and I said no: Upon this I went to my Drawer, took the Bag out, and laid the Money on the Table, and there seemed to be a good deal less than there was. I missed a 3 l. 12 s. presently. I could not make him confess any thing, so I carried him before a Constable, and he went to the Round-House. I sent for Mr James and asked him if he knew any thing of it, Mr James said, there was one 3 l. 12 s. two 36 s. Pieces, and four Guineas, which he left in his Hand the Day before at Welsh-Fair . I went to the Boy at the Round-House, and he confessed he pushed back the Lock with a Knife, and took out the Money; he said the Devil told him where the Money was, and that the Devil bid him do it; he own'd the 3 l. 12 s. the two 36 s. Pieces, and the four Guineas , and said that was all he took.

Mr James . I think the 22d of August, I saw this Boy drinking with three or four Carpenters in Welsh-Fair . I was drinking a Pint of Beer, and seeing him throwing his Money about, I asked him what Country-Boy he was, he said he was out of Wales ; I advised him to go Home, he desired me to drink some Ale; perhaps, said he, you may think I cannot pay for this Ale, though my Hat on my Head is not worth Six-pence , yet I can pay for it, and pulled out one 3 l. 12 s. the Boy said he did not care to go Home, for fear his Master should beat him. I said if he would go Home along with me, his Master should not beat him: Said he, I will give you two Guineas. if you will let me go about my Business; no, said I, I cannot do that, then, said he, take it all. - I thought as he was a little in Liquor, his Master would be angry with me, and think I kept him out, so I would not deliver the Money till Mr Clarke came to me. Said Mr Clarke to me, Have you not two Guineas of my Boy's? Yes , said I, I have a great many two Guineas. On Monday Morning he confessed he took four Guineas, two 36 s. Pieces, one 3 l. 12 s.

Prisoner. I did not open the Drawer, I found it open, and that Man, James, made me drunk.

Q. Can you tell whether the Drawer was locked?

Clarke. I am not certain, I believe it was; I do not know that ever I left it open. Guilty , Death .

The Prosecutor said he believed it was the first Fact, and petitioned the Court on his Behalf.

57. Edward White * was indicted for breaking open, and entering the Dwelling-House of Mary How , Widow , Sept. 2 , in the Afternoon of the same Day, and stealing from thence, two Silver Stock-Buckles, val. 2 s. one Silver Shoe-Buckle, val. 2 s. One Silver Thimble, val. 6 d. two Silk Handkerchiefs, val. 3 s. one Piece of Gold Coin, val 1 l. 1 s. and 2 l. 12 s. in Money , the Property of the said Mary How .

* He swore himself an Accomplice in robbing Alice Perry in Holloway-Road , Nov. 1, 1739. He was wise, by his own Confession , concern'd in the Murder of Thomas Wall, September 14, 1710. by the Hole in the Wall near Canbury-House, Islington . Vid. Sessions Paper, July 1741. No. 16 .

Mary How . I live at Kingsbury , in the County of Middlesex, my House was broke open the 2d of this September. I locked the Door before I went out, but I did not leave any Body in the House. When I came back, I found my House broke open, - the Wall of a back Apartment belonging to my Dwelling-House, the Wall was broke into my Cellar; seeing that broke, I went up Stairs, and found two of my Drawers open, and missed the Goods and Money mentioned in the Indictment. I live in a lone House .

Q. Do you know any thing how the Prisoner at the Bar came to be taken up for this?

How. This Woman was in my Yard, and she described the Man to me. I went to a Farmer hard by, and told him what had happened, and described the Man to him as the Woman had described him to me; and he pursued him and took him, and the Things were found upon him before I came up, and he desired me to be favourable to him, for that if he was to go before a Justice, he should be a dead Man.

John Twyford . I am a Neighbour of this Mrs How's, she sent me Word by a Woman, that her House was broke open by a Man that worked for me, - he had worked for me about a Month, and I had turned him off. I sent a Man that works for me one Way, and I went another, and when I came to Hendon Church , there was one Hutchins said that he saw such a Man by the Plough; that he had a good deal of Money, and he believed he did not come honestly by it. I saw the Prisoner laid down in a Ditch on his Face, and he seemed to be fuddled; the Constable and I searched him, and found all the Things mentioned in the Indictment, and three Pound twelve Shillings. in Silver and Gold; there was three Handkerchiefs found upon him, he said he took four, but had given one away ; he said at first that we had no Business to stop him, and if we did he would give us trouble for it ; but he confessed it afterwards, he said he crope in at that Place, and crope out there again afterwards. When they are in that Place, they can go all about the House. This is the Purse, I think they say it is a Hart Skin.

[The Things were produced in Court.]

Mrs How. These are all mine, particularly the Purse.

There were more Witnesses, but the Court thinking these sufficient, they were not examined. Guilty , Death .

58. Matth.ew Booney , of Stepney , was indicted for that he, on the 29th of April last, on the King's Highway, in and upon one Abraham Goodwin did make an Assault, and put the said Abraham Goodwin in Fear and Danger of his Life, and took from him a Watch, val. 5 l. 5 s. a Seal, val. 2 s. a Snuff-Box, val. 20 s. and 18 d. in Silver , the Property of the said Abraham Goodwin .

Abraham Goodwin . On Thursday the 29th of April, between Ten and Eleven at Night, between Bow and the Alms-Houses at Mile Edd , (it was a fine Moon-shiney Night) I saw two Fellows standing upon the Causeway, on the Right-Hand Side of the Road, each of them had a Pistol in his Hand: They demanded what I had, I told them I would deliver all if they would use me well; the first thing I delivered was a Seal with a Coat of Arms, with a String, and this Case of a Watch; he said, Damn your Blood, what is become of the Guts? I said, Gentlemen, I had forgot it, and gave them that; then they took from me a Snuff-Box, 18 d. (and a Handkerchief, and some Half-pence, which is not in the Indictment) and they made off towards Bow, in the Middle of the Road. I being apprehensive of meeting with some Body else, said, Gentlemen, let me speak a Word to you, you have robbed me, give me a Word by which I may save myself, if I should meet with any Body else; said one of them, say I have spoke with the Captain , or the Carman, but I think it was the Carman. The Prisoner answers to the Heighth of the Person, and I believe him to be the Person, because I observed a Scar on the Right Side of his Cheek. Cavenagh was dressed in a Brown Coat , I verily believe Cavenagh to be one of them. As to Mooney. I could see the Scar better then than I can now, for his Beard was long and black.

Prisoner. Gentlemen, pray observe what he says, he says I had a black Beard, and I have no black Beard.

Goodwin. His Beard was rather blacker than it is now.

[ William Cavenagh sworn.]

Court. Consider now you are admitted as a Witness , and take Care to speak nothing but what is strictly true.

William Cavenagh . I will, my Lord. - On the 29th of April last, the Prisoner at the Bar, John Martin , and myself, went towards Bow between Ten and Eleven at Night, when we came by the Sign of Why not beat Dragon, the Prisoner at the Bar and I went on, Martin said behind, and this Gentleman was walking in the Road Way; each of us had a Pistol in his Hand, and we demanded his Money: He delivered first the Out-side case of his Watch into Mooney's Hand, and Mooney gave it to me; I found it was not compleat, but only a Case, and I asked him for the Guts of it, he said, Gentlemen, I forgot it; I think he put his Hand into his Breeches and pulled it out: I took a Snuff-Box from him, and a Shilling and a Six-pence in Silver, and 1 d. and when he asked what he should say if he met any Body else, I bid him say he had met the Carman.

Prisoner. Ask him how long he has been acquainted with me?

Cavenagh. I came acquainted with him about April, by a Woman that bought stolen Goods. - The Watch was sold to a Man that kept an Alehouse.

Prisoner . Ask him why he did not swear against me in his first Information ?

William Cavenagh . I did mention him in my first Information; if you please to look into it you will find it, (the Information was read and it was found to be so). - *Lot Cavenagh is no Relation of mine.

* The Person on whose Information the Prisoner was committed . See the Trials in Mr Alderman Perry's Mayoralty, No. 147, 148.

Prisoner. He said his Father would spend a great deal of Money to take away my Life, and for the great Reward that is depending upon my Life. I came to London the Eleventh of May, and I was in a Fever, he passed for a Surgeon, and came to bleed me.

Goodwin . I had the Watch from William Cavenagh's Father.

Thomas Moone . I am a Joiner, the Prisoner wrought for me in Dublin , the 2d and 3d of May last; the 1st of May is a Day of Diversion among the Tradesmen, there is piping and dancing; I am positive to his working for me the 1st, 2d, and 3d of M ay.

William Cavenagh . Ask him if the Prisoner at the Bar is not his own Son?

Moone . No: he is not my Son, I never knew his Mother in my Life, - he never passed for my Son.

Court. It is not customary to work on a Sunday, now the 2d of May proves by the Almanack to be on a Sunday .

Moone. Yes sometimes it is , in making Coffins, and he did work for me in making Coffins . - I cannot tell which Day the Coffin was made. - I cannot tell who the Coffin was for, it was an Oak Coffin . - There was no Undertaker, I was Undertaker.

Court. Did you supply the whole Funeral? -

Moone. There was no other Funeral than making of a Coffin. - I found out he was in Goal, by some of his Countrymen; he did not write to me to come.

Prisoner. This William Cavenagh said he had nothing against me, that there was nothing but what Lot Cavenagh had against me.

Moone . I live at St Giles's, in one Gerrard Cavenagh's House. - I have been in London since Sunday was se'nnight. - I came from Dublin a Fortnight ago, for Debt. - a Debt about 10 or 11 l. - I am an Irishman.

Prisoner. That young Man said he was robbed by a Man in a light coloured Coat, and I have no such Coat.

The Jury asked what Mr Goodwin was, because there is a Reward in this Case.

Goodwin. I am Clerk to Mr Penny , an Attorney in New Broad street, my Father is a Woolstapler in Broad-street. Guilty , Death .

59. John Lambert , of St Luke's, Middlesex , was indicted for breaking open the Dwelling-House of William Brittain , about the Hour of two in the Night, and taking from thence sundry Things, to the Value of 28 s. the Goods of Mary Chambers ; a Perriwig, &c. the Goods of John Chambers ; and other Things the Property of William Brittain , in the Dwelling-House of the said William Brittain , May 16 .

William Brittain . I have two Houses, one in Golden and the other in French-Alley , which last was the House that was broke open. I was acquainted with it about four or five in the Morning, and went there and found the out side Window open, and the Wall likewise broke. The Prisoner at the Bar has but an indifferent Character.

Mary Chambers . I did not lie in that House that was broke open that Night, but I shut it up about ten o'Clock at Night, locked it, and took the Key away to my Master's other House; the People were all in Bed, and the Windows fast shut. I went there between six and seven in the Morning, and the Shutters next the Street were broke, and the Things laid in the Indictment were all missing. - The Prisoner frequently came to fetch Things from our Bakehouse.

Abraham Foster . The 20th of July last, the Prisoner came to my Shop to be shaved; after I had shaved him, I took the Wig out of the Box, to comb it out, and casting my Eye into the Work, I found it was the Wig I had made for John Chambers ; we searched his Lodgings, and found a Shirt which Mary Chambers proved to be her Work, and knew by its being made of two Sorts of Cloth.

John Chambers . This Wig is mine, I lost it the 16th of May last; the Prisoner said he bought the Wig in Rag-Fair, and if he had stole it he would not have worn it.

Foster. You might have worn it seven Years, and not have been found out, if you had not brought it to my Shop.

Prisoner. I bought them in Rag-Fair, I deal in old Cloaths.

Mary Powel and Frances Holgate , knew him to deal in Rag-Fair, and gave him the Character of an honest industrious Fellow. Guilty Felony. Acquitted of the Burglary .

[Transportation. See summary.]

60. Elias Veesing , of the Ward of Queenhith , was indicted for stealing one Holland Shirt , the Property of John Cope , July 22 .

John Cope . Having lost a Shirt, I went and searched the Prisoner's Box, and found it there; 'tis my Shirt, 'tis marked J. C. N. 3. said I to him, this is my Shirt, said he, it is not, I bought it at Hamborough .

[The Prisoner was a Dutchman , and could not plead himself .]

John Cope . He has lived with me twice, and he understands English so well, as to answer any common Question. I am a Sugar-Baker in Thames-street .

William Clark . I live with Mr Cope, and was there when the Prisoner's Box was opened, the Shirt was taken out of it; my Master examined him, and asked him whether that was his Shirt, he said yes, and that he bought it at Hamborough , and could bring the Washerwoman to prove it.

[ Frederick Williamson was sworn as an Interpreter.

Mr. Cope being examined again, deposed the Box was locked, and that the Prisoner pulled the Key out of his Pocket, and unlocked it. Guilty .

[Branding. See summary.]

61. Mary Marlow , of St. Andrew's Holbourn , was indicted for stealing a Watch, with an out-side Case and an in-side Case, made of Silver, val. 30 s. and a Man's Hat, val. 6 d. August 8 . the Property of William Pantell .

William Pantell . On Sunday, Aug. 8, as I was selling my Milk, the Woman at the Bar came and snatched my Hat off my Head, and said I should not have it again, unless I would give her a Quartern. She said if I would come up Stairs with her, I should have my Hat; and when I came up Stairs, she snatched my Watch from me. I thought when she took my Hat, she was in Jest, so I went a little farther to serve another Customer, before I demanded it. I have seen her before, as I have been selling Milk in the Street. - She lived in Love's-Court Shoe-Lane, it was about six o'Clock in the Evening.

John Bannister . I was sitting upon the Bench; and as he was pouring his Milk out of one Kettle into another, she snatched his Hat off his Head, and went up Stairs, and he went up Stairs too. I did not go up Stairs.

John Banks , Constable. On Sunday, August 8. I was sent for into Love's-Court, Shoe-Lane, about six o'Clock in the Evening, and this Boy and she, (the Prisoner) were up one Pair of Stairs, says he, Mr Banks, I have lost my Hat and my Watch; said I to her, give him his Watch, but she would not give it him: The Boy said she had it in the Inside of her Shift, at her Back. So I felt for it and took it from her, it was the Inside of the back Part of her Stays, this is the Watch I took from her.

Pantell. I bought it of one Pearce, under St Dunstan's Church, I am sure this is the Watch she took from me.

Prisoner. The young Man called for a Quartern of Gin, and after that a Quartern of Brandy. There was another young Man there, he went down and left us alone: He had no Money, so he said he would go and pawn the Watch; but he gave me the Watch to pawn, and the Constable took it out of my Bosom.

The Jury desired to know her Character.

Banks. I believe she is a loose Woman.

Court. Was there a third Person there?

Pantell. There was a young Man came up, I think 'twas Isaac Bowyer , - we had no Liquor at all. Guilty 4 s. 10 d.

[Transportation. See summary.]

62. Susannah Lend , of St Alban, Woodstreet , was indicted for stealing a Pewter Dish, val. 2 s. 6 d. the Goods of Thomas Scot , August 10 .

Elizabeth Haydon . I am Servant to Mr Woodroffe , a Baker, the Dish in Mr Scot's, it was brought with some Tarts; and while they were in the Oven, the Dish stood empty. This good Woman came into the Shop, and took the Dish out of the House, I followed her, brought her back, and took the Dish from her.

Mary Winterbottom proved it to be the Property of Mr Scot. Guilty .

[Transportation. See summary.]

63. John Foster , of St Dunstan's in the East , was indicted for stealing a Man's Hat, val. 3 s. the Goods of Thomas Phillips , August 31 .

Thomas Phillips . I lost my Hat off Wiggin's Key , it lay between two Sticks upon the Key; he own'd to Mr Mascal, that he took it, or I had not known it. The Constable went with me to the Man where the Hat was sold or pawned, and I had my Hat again.

Jeremiah Mascal . He owned he took the Hat, and said if I would let him go, he would produce it. Acquitted .

64. Thomas Griffiths was indicted, for that he, on the Ninth Day of July , not having God before his Eyes, and in the Parish of St Giles's Cripplegate , in and upon Judith Haswell , Widow , with a certain large Piece of Brick, the said Judith Haswell on the upper Part of the Head did hit; and gave her one mortal Wound of the Breadth of one Inch, and the Depth of half an Inch, of which said Wound the said Judith Haswell did die .

He was a second Time indicted on the Coroner's Inquisition, for the Murder of Judith Haswell .

Samuel Walton . I saw the Prisoner at the Bar throw a Piece of Brick at his Wife. - She asked him to go and carry Malt at the Peacock Brewhouse, he would not go; but taking up a Piece of Brick, said if she was not easy, he would throw the Brick at her, which he did; and then said he would throw another if she did not get away; she said a good while unconcerned, but at Length the Neighbours got her away.* - She never went by any other Name than that of Griffiths. - The Brick was almost as big as my Fist. - He stood five or six Yards from her; he bid her get away several Times, yet she would not go, and then he threw it at her with his Left Hand, it hit her pretty hard on the Head, and flew behind her.

* The Breaks, in this and other Evidence, are to shew, that what follows is in Answer to Questions put to the Witnesses; which Questions are omitted for Brevity sake, the Answers denoting what they were.

Prisoner. Ask him if I did it designedly .

Walton. To be sure he did, because he said he would, and did, throw it; and he said if I say I will throw it, I will be as good as my Word. - I never knew any Harm of the Man before. - I think it was on a Thursday.

Robert Rollison . I saw Thomas Griffiths and Judith Griffiths (as I then thought, I did not know her Name was otherwise before ) go up Three Leg Court , in Whitecross-street, I think it was the eighth of July, it was on a Thursday. I did not see the Brick thrown, but I heard Words pass between the said Thomas Griffiths and his Wife; he said, Damn your Blood, I will knock your Brains out if you do not get away. I will speak the Truth, for we must all appear before one Tribunal Judge, to be sure; he said afterwards, God damn your Eyes and limbs, if I have not kill'd you, I will kill you, and to be hanged for it I do not value it. I heard nothing else worth mentioning.

Court. What was it she said to put him in such a Passion?

Rollison . She gave him very provoking Words I do assure you; she damn'd him for a Rogue in an illiterate Sort of a Way, for Ignorance and Impudence meet together, it mixes very much, and God will be a righteous Judge.

Prisoner. That's as true a Thing as ever was spoke in this World. Ask him if he did not say he would hang me.

Rollison . My Soul, is that apparent. I shall always speak the Truth; and if I say any thing amiss, I shall ask God's Pardon, not your's. I will say nothing to the Blemish of my Escutcheon .

Court. Have you at any Time said that you would hang him?

Prisoner. I declare upon my Oath I never did.

Margaret Allen . I saw him holl a Brick at the Woman, and saw the Blood come, - it was done with Violence, for it flew from her. - I do not know what Occasion was given for throwing it. - He was about 10 Yards from her - it was about half a Brickbat - I saw him have a second up in his Hand to throw at her, and he said after he had thrown one that he would do the same, for he did not value being hang'd for such a Bitch as she was. - I believe she lived about 9 Days after this happened.

Diana Brislet . I saw the Prisoner at the Bar throw a Brickbat at her Head, - it was thrown at her - I did not know her by any other Name than Judith Griffiths ; she went for his Wife; he did take up a second Brickbat, and Mr White was the Man that took it from him, for he said , if he had struck her under the Burr of the Ear he might have killed her on the Spot; the Prisoner said , Damn the Bitch he did not value being hanged for her, for if he did kill her he was sure he should be hanged for her.

Charles Wheeler , Surgeon. The Wound she had was down to the Skull, about one Inch and an half long, and the Skull was bare, it was about the Middle of July, she came to my Surgery in Basing-hall Street, these Wounds are frequently healed, but I believe she caught Cold in coming in the Rain, and had a Fever, and that was the Occasion of her Death; for the Membrane of the Brain was inflam'd and that caused her Death; she came to me for a Week, and I complained to the Church warden and said, she would die if she was not got into a better Place, it was for want of a warm Room and Necessaries, I believe, that was more the Occasion of her. Death than any thing else.

Thomas Goodman , Surgeon. I attended the Deceased for two Days; she had a large confused Wound on the upper Part of her Head: The Woman had no Symptoms of a fractured Skull, or any Injury done to the Brain when I attended her; her Head and Neck were very much tumisied, and all I did prov'd unsuccessful, the Humour was suddenly repelled and struck into her Brain: I believe she got Cold, as Mr Wheeler has said, and that was the Occasion of her Death. I do not think but that if she had not caught Cold, that the Wound might have been cured: I laid the Skull bare, and carefully examined it after she was dead, and I did not observe any Injury done to the Skull: Sometimes the Skull shall remain whole and there may be a Concussion of the Brain, I searched the Brain very carefully and it look'd as in dead Bodies.

Q. How can he be indicted for the Murder of Elizabeth Haswell , Widow, when the Witnesses say she was his Wife?

Rollison and Walton were called up again, and said they did not know her by any other Name than Griffiths.

Mary Petts . I saw Judith Haswell before she departed her Life, and she said her Name was Judith Haswell ; and being asked, whether the Man was her Husband, she said no, and that the Man that gave her the Blow did not do it designedly , or with a design to do her any Damage, for he was in Liquor, and she had provoked him very much, and she desired he might not come to any Damage, for she should not rest in her Grave if he did.

Another Witness said she heard the very same Words.

The Prisoner in his Defence said, that there was some Malt came into the Peacock Brewhouse, and he went to pump some Water, that she came and rioted him very much, that he took it patiently till he could bear it no longer, and then he took up that Piece of Brickbat and hit her on the Head with it, but not with a Design to do her any Damage.

Mary Griffiths . I am a small Relation , - but very little - I am his Aunt : I was Nurse in the Work-house where this Woman died: Her Name was Judith Haswell , she said she provoked him very much, and it was that Provocation occasioned is to be done, and she would not have him die for it for all the World.

Rollison. That Woman that swore last is his own Mother, and she owned she was so.

Court. You swore you was his Aunt; there was no Crime in swearing you was his Mother, but there is a Crime in swearing you are his Aunt when you are his Mother.

Mary Griffiths . I am his Mother indeed, but I am distracted, I do not know what I say.

Judith Knight . I know the Prisoner was always a poor, harmless, inoffensive Fellow, but a little half-witted : She was a sad provoking Woman in Liquor, and would be both Master and Mistress: I was with her about two Days before she died; and she desired it might not be laid to his Charge.

Susan Baily , Elizabeth arlow , and Joseph Hughes gave him the Character of a Peaceable, harmless, honest, laborious Man. Guilty of Manslaughter .

[Branding. See summary.]

65. John Walker , of Stepney , was indicted for stealing ten pound Weight of Hemp, value 1 s. 8 d. August 24 , the Goods of Simon Ayres .

Simon Ayres . I lost a Quantity of Hemp; the Prisoner who had work'd with me confessed before Justice Jones the taking it; but I cannot swear to any particular Parcel, one being like another.

John Russel He said before Justice Jones he took the Hemp; but he was terrified and frightened, and looked like a Madman, and did not know what he said. Acquitted .

66. Caleb Walker , of St Clement Danes , was indicted for stealing a Pair of Sheets, val. 1 s. a Blanket, val. 1 s. the Goods of Samuel Axe , May 28 .

Mrs Axe. I live in New-Inn Passage, without Temple-Bar . The Prisoner lodged at my House last May, he took the Lodging by the Name of Smith The second of August last, my Daughter met him, and charged him with taking these things; he told Alderman Hankey he had sold them in White-Chapel.

Prisoner I never did lodge at her House.

Mary Axe. I remember that Man's lodging at my Father's. He told me he had pawned them in White-Chapel , but would not tell me the Street. He would have given me 3 s. for them.

Prisoner. I Am please you, my Lord, she said she only wanted the Money for the Goods.

Axe. I never said any such thing. Guilty .

[Transportation. See summary.]

67 John Bloxom , of Hayes, in the County of Middlesex , was indicted for breaking and entering the Dwelling-House of George Greenleaf , about the Hour of two in the Day, and stealing five Pewter Dishes, val. 5 s. nine Plates, val. 5 s. two Pair of Shoes, val. 5 s. an Apron 6 d. and a Table-Cloth 6 d. in the Dwelling-House of George Greenleaf , and his Property, August 26 .

Mrs Greenleaf . I live at Norwood-Green . I went out this Day fortnight, between one and two, in the Middle of the Day; when I came home, the House was broke open. I came in at the Fore-Door , the Lock made a great Noise, and he run out at the Back-Door. I am sure the Back-Door was fastened both with Pin and Bolt, when I went out; I followed him, and found the Things in my Way; these are the Things. I followed such a Man in a red Coat out of the House at a great Distance. I did not see any Body throw them down. - It was a Back Window that was broke open; he had taken the Glass out, there was just Room enough for him to get in, when his Coat was off; these are my Husband's Goods that I picked up by the Way, as I followed him; my Husband's Shoes were dropped before the other Things. All these that were in the Bag were together.

John Wright . I found him in one Place, and his Coat in another, he was lying under a Bush in a Ditch, and his Coat was about 2 Yards from him: I did not charge him, but I told him I believed he was the Man I wanted. I did not see any of the Goods lie upon the Ground by him. - He said he was a Deserter , and so run away to hide himself for fear of being taken.

John Filby . I saw him at Mr Henry Priest 's at Norwood-Green , this Bag was wrapped up under his Arm, about half an Hour or an Hour before the House was broke open, he was at our House to ask for some Small-beer; he asked me what Sort of a Man the Person of the Parish was , and so I had a full Sight of him.

Prisoner . I asked the good Woman of the House for some Small-beer , and she gave me some: I saw a Pear-tree , or an Apple-tree , and pulled off my Coat, and thought I could get some Apples, and a Woman cried out Thieves, Thieves, so I catched up my Coat and away I ran and hid myself. Guilty of the Felony, 4 s. 10 d.

[Transportation. See summary.]

68, 69. John Pesoley and William Ball , were indicted for stealing 100 Weight of Iron, val. 9 s. the Goods of Robert Pearson . Acquitted .

70. Susanna Emmes , of St Dunstan Stepney , was indicted for stealing a Crape Gown, a Pair of Stays, a Hat, and 3 Linnen Caps, the Goods of Thomas Norgate , and 13 Yards of Camblet , the Goods of Mary Norgate , July 12 .

Elizabeth Norgate . The Prisoner broke into my House and took the Things mentioned in the Indictment; she confessed the taking of them, and that she sold them to one Byrom , in Catherine-wheel-Alley in White-Chappel. Mrs Byrom own'd she bought them of her: Mrs Byrom's Husband brought them to me, I live in Spital street; I never saw the Girl before - I do not know how she got in. Guilty .

[Transportation. See summary.]

71. John Toe , of St James's Westminster , was indicted for stealing one Silver Spoon, value 12 s. the Goods of William Clark , August 17 .

William Clark . The Boy goes of Errands for me; his Sister told me of it; the Boy denied it at first, but owned it afterwards, and said he gave it to one Miller, and she broke it in several Pieces, and sold it, and gave the Boy but one Penny out of it - the Boy is between 14 and 15.

Prisoner. I have no Relations, my Father and Mother is dead, and I do not know where my Sister is.

Mr Clark. The Boy is an innocent sort of a Boy, I never miss'd any thing before: William Miller is a notorious Thief, and this Boy happened to lodge at the same House with him; the Boy own'd he took it at the Incitement of Miller, and that he gave him a Penny for doing it. Acquitted .

72. Mary Crosby of St Andrew's-Holbourn , was indicted for stealing a Linnen Sheet, value 2 s. and 6 d. the Goods of James White , July 31 .

Mrs White. The Prisoner at the Bar had worked with me some Time, I missed the Sheet, and ask'd her if she knew any thing of it, I took her up on Suspicion, and she confessed she sold it for Half a Crown. I went with Mr Redhead the Constable to the Pawnbroker's, I asked for the Sheet and he produced it.

Q. Whose Sheet is this?

White. I do not know whether it is proper to mention whose Sheet it is, I was afraid of offending the Gentleman that owns it, by having his Name put in the Sessions Paper, he is out of Town: I take in Linnen to wash.

Mary Exal . I went with Mrs White to the Pawn-broker's, and I know the Sheet very well.

Elizabeth Bagley . She owned before me to the Constable where the Sheet was pawn'd

Court. This does not appear to be the Property of White.

Mrs White. I suppose it is my * Property while it is in my Custody. Acquitted .

* In the Case of the Butler of the Temple (September Sessions, in the Mayoralty of Sir John Salter , No. 391.) concerning some Plate that was stolen, it was the Opinion of the Court, that it was the Property of the Butler, because it was given into his Hands to keep; but this is not the same Case; though to be sure a Washer-woman is answerable for what she is entrusted with.

73. Magdalen Swawbrook , of St John Evangelist , was indicted for breaking and entering the Dwelling-House of Charles Pearce , and taking from thence one Piece of Gold Coin called a Guinea, value 21 s. one Piece of Gold Coin, value 10 s. 6 d. and five Shillings in Money , July 29 .

Charles Pearce . Sir, the Prisoner at the Bar I suspected, because she knew where the Money was, and no Body (as I know of) but she: I had Occasion to take some small matter of Money to lay out, and when I came the Money was gone, and the Thing that it was put in, and when I saw it was gone, which was a Disappointment to me for want of Money, I opened the Windows of the little House I lived in, and there was a Pane of Glass broke, I took the outside Shutters and turn'd them aside, and the upper Part of the Glass or Frame was upheld by a long sort of a Spike-Nail; so I conjectur'd she was the Person that did it; I met her in St Martin's Church-Yard in the Evening; the Constable who was with me took her up and carried her before a Justice of the Peace, she confessed nothing that I know of, for I could not hear if she did, for I am as deaf as this Board. I lost 39 s. and 6 d. from out of a Chest of Drawers which stood in a Ground-Room: The Window was fastened when I went to Bed, which is generally about 8 o'Clock, but I cannot tell what Time it was down.

Prisoner. I have nothing to say, but that it is a malicious Prosecution; I suppose, Gentlemen, you know that it is my own Father.

Court. Is she your own Daughter?

Charles Pearce . I must pull out my Barnacles *. She is my Daughter; (and wept.)

* The Prosecutor being quite deaf, he was sworn by a written Copy of the Oath, which he pronounced, and the Questions were all put to him by Writing.

[His other Daughter was called for to be sworn.]

Court. Is that your Daughter?

Pearce. Yes: she is eleven Years of Age, and I am Four Score and Eight.

[She appearing to be so young, and likewise an Accomplice, the Court did not think proper to admit her to give Evidence .]

Radford. The 29th of July I had been by Water, and when I came Home at Night the Door of the Palace Yard was put to, which used to be open,'tis a Door between Justice Blackerby's House and the Bridge-Office , there's a Bench the Watermen have to sit upon, I saw the Prisoner at the Bar sitting upon it, and somebody else with her behind the Door. 'Tis under the Place where the King goes to the Parliament House, the Bench moves backward and forward; in the Morning I heard a Report that the old Man's House was broke open, and that his Daughters were gone; I believe she lived with her Father (from the Death of her Mother) till the Time this thing happen'd: Thinks I, I do not like this Thing; this young Witness was gone too, and it was told me that his Daughter was got into a Coach in King's-Street, Westminster, with a Horse-Grenadier : The old Man finding his Money gone, cried, What will no Body help me! So I being Constable, I took her up and carried her before Justice Manley, the next Evening about seven or eight o'Clock, and after some Examination, (it was taken in Writing, but not sign'd) she said her Husband, as she called him, was a Horse-Grenadier, and was going with the last Forces to Flanders ; she was going with him, for she was one of the four Women that was to go with the Troop. Acquitted .

74. Elizabeth Shields , of St James's Westminster , was indicted for stealing 4 Harrateen Bed-Curtains, value 4 s. one Piece of Cheney, value 1 s. one Piece of Stuff, value 6 d. and six Pieces of Stuff, value 18 d. the Goods of Francis Deschamps , August 18 .

Francis Deschamps . I lost the Things in the Indictment, these are mine.

William Wells . This Woman came to my Shop, and asked me if I would buy a Set of Curtains out of Pawn; I told her I would if I approved of them; I went to Mr. Grubb's, he called the Woman by her Name, and I found them there, the Gentleman wanted me to prosecute the Woman, but I was only to be an Evidence.

Court. It is your Duty, and the Duty of every one to prosecute. I believe you are an honest Man, but take care for the future.

The Goods must be delivered without being paid for: You have bought a thing the Seller had no right to. Guilty 10 d.

[Transportation. See summary.]

75. Elizabeth Harris , late of London, Spinster , was indicted for stealing four Linnen Shirts, value 40 s. four Pieces of Portugal Gold Coin, val. 36 s. each, and six Pieces of Gold Coin, called Guineas, val. 6 l. 6 s. in the Dwelling-House of John Pauncefort , the Property of John Pauncefort , July 24 .

John Pauncefort . I live at the Angel and Crown without Bishopsgate . On the 24th of July, I had a Bureau set on Fire about eleven a-Clock at Night. The best Part of my Linnen was in it; I believe I lost a Dozen Shirts, tho' I have laid but four in the Indictment. I was not at Home at the Time of this Fire. - I had a Suspicion of the Prisoner, because my Shop-Maid told me she found her at the Till the Day before, with a false Key. - When I came Home, I found my Bureau burnt up to the Well where the Money was; then I missed these Pieces of Money, and charged the Prisoner with taking them. She was then my Servant, she said she never wronged me of any Thing in her Life. I then took her up, had her searched, but did not find the Money upon her.

Prisoner . Did you see the Bureau on Fire?

Pauncefort . No; it was out before I came in, the Drawers were taken out, but I do not know who took the mout. - The bottom Drawer, where my Linnen was, was carried to a Neighbour's next Door. I cannot say I know how the Fire began; the Money, I apprehend, was lost by the Bureau being opened with a Key.

Prisoner . Had not you a good Character of me from Mr. Gardner of Gloucester .

John Pauncefort . My Sister, who sent her up, had a very good Character of her, both from her Master and Mistress.

Sarah Worral . I caught her at my Master's Till the 23d of July, between six and seven o'Clock in the Morning; she was alone in the Shop, in a very unseemly Manner to come down Stairs: I went behind the Counter, and found my Key there. I asked her how my Key came there, but she made me no Answer.

Prisoner. Do you know any Thing of the Bureau's being broke open, or of the Fire.

Sarah Worral . I never went up Stairs after five o'Clock, till it was quite out - The Drawers were carried to Mr. Smith's, and no Body went into the Room but him, that I know of, it was between ten and eleven at Night. I was in the Shop, when the People called out Fire. I told the Prisoner of it, and she made me no Answer. - I did not see her carry any Water up.

John Smith . On the 24th of July, very near eleven o'Clock at Night, I was called in a great Hurry, and told that Mr. Pauncefort's House was on Fire. A young Man in the Neighbourhood and I went up Stairs, and found the Prisoner at the Bar at the Kitchen-Door; when I came up into the Room where the Bureau was, which was a Pair of Stairs higher, I saw the under Drawer of the Bureau all in a Flame, and I threw a Pail of Water upon it and put it out. I called out for a Light to the Prisoner, who was below, but she brought none, neither did she come up, but some other People came up with more Water. I did not go out of the Room till the Fire was out; when the Fire was quite extinguished, I moved the Bureau from the Wall, for fear of it's setting Fire to the Paper Hangings. Then several Neighbours came up, and a Candle was brought; presently the Desk Part fell down, said I, this is surprizing, it has either been broke open, or was never locked. I looked at it, and the Bolt was shoved back. Soon after this, Mr. Pauncefort came Home. I told him what had happened, he said he had locked his Bureau in the Morning, and left his Money in it, and then he imagined that the Prisoner at the Bar had robb'd him; a Constable was sent for, and she was searched by the Constable ; but he did not find it upon her.

Elizabeth Ellcock . Hearing the Report of a Fire, I went to see how Mr Pauncefort's Sister did, for she had been in a Fit. A Constable was sent for, the Prisoner was searched, but there was no Money found upon her; but in searching her Room, I turned down her Bed, and there were four clean Shirts. I asked the Prisoner if she knew any Thing of them, she said she put them there in a Fright.

Elizabeth Harris . In letting down the Bed, I found four clean Shirts; the Prisoner said she put them there in a Fright.

Elizabeth Twigger . I was charged by the Constable to search the Prisoner at the Bar, and I found only 9 s. and some odd half pence in her Pocket. - She said she took the Shirts out of the Drawer when the Drawer was in Flames, and when Mr Smith was in the Room.

Sarah Washam . These are two of the Shirts. I know they are my Master's Shirts. The Gentlewoman showed me these two Shirts upon the Prisoner's Bed.

Prisoner. When Fire was cried out, I run up Stairs, and the Bureau was all on Fire. I took some Linnen out of the Drawer, and carried a Bowl of Water up Stairs to quench it, and took the Linnen up, and threw it upon the Bed, what Linnen it was I cannot tell. Mrs. Twigger, who keeps the Coffee-House, insisted on my not-moving, till I was searched, which I did not. They searched me but found nothing upon me. I have been very hardly used; they denied me all my Cloaths. I have been in Town from Gloucester but five Weeks.

Edward Owen . I have known this young Woman about twelve Months, she lived with Mr Gardner, a Minister in Gloucester, her Master always gave her a good Character; the Girl had the Keys of every Thing, and used to give me a Mug of Beer now and then. She had the Character of a good civil modest Girl. I used to serve Mr Gardner with Coals; his Brother was here all yesterday and to-day, but he is now gone, thinking the Trial would not come on to-night. Acquitted .

76. Mary Staples , of St Leonard Shoreditch , was indicted for stealing a Linnen Sheet, val. 3 s. the Goods of Mary Brooks ; and a Camblet Petticoat, val. 5 s. and two Linnen Handkerchiefs , the Goods of Bryan Gouge , July 30 . Guilty 10 d.

[Transportation. See summary.]

77. Ann Thomas , of St Martins in the Fields , was indicted for stealing one Dressing-Glass, val. 12 s. and one Pair of Silver Buckles, val. 4 s. the Goods of Jane Coates , July 19 .

Jane Coates . The Prisoner was a Lodger in my House about seven Weeks ago. I lost a Dressing-Glass, and a Pair of Silver Buckles; the Buckles were in a Drawer of the Glass. I went out, and there was no Body in the House but my Maid and her. I desired my Maid to take care of the House.

Elizabeth Carter . I live with Mrs Coates ; the Prisoner at the Bar was a Lodger there then, the Looking-Glass was in the Back-Room. I went out for some Sand, and left her in the Fore-Parlour: I shut the Street-Door after me, when I went out. I was not gone above half a quarter of an Hour; and when I came back, I found the Street-Door open, and the Glass and the Prisoner was gone. About an Hour and a half after, she came back, and I charged her with it; she said she knew nothing of it.

Prisoner. Mrs Coates said she took me up only on suspicion, and that it lay between her Maid and me. Acquitted .

78. Thomas Isaacs , of St Sepulchres , was indicted for stealing one Silver Spoon, val. 5 s. the Goods of Nicholas Parr , August 21 .

Nicholas Parr . On the 21st of August, about half an Hour after three in the Morning, there happened a Fire at Mr Ladbrook's, at Cow-Cross; there were several Things put into my House for Security from the Fire. This Man, Thomas Isaacs , was employed in moving Things, and there was a Silver Spoon belonging to me found on this Thomas Isaacs ; Mr Ladbrook had removed part of his Goods to my House. This Spoon was in my House before, I have had it a Year or two, there's J. M. upon it. I do not know that it was found upon him. The Prisoner owned before Mr Wroth, that the Spoon was in his Pocket, but could not tell how it came there. I have known him seven or eight Years, and always had a good Opinion of him. He has an old Mother of seventy Years of Age, which he is able to work for, and I hope he will have Mercy shown him. Acquitted .

79. Mary Collins , of St Leonard Shoreditch , was indicted for stealing a Gown and two Petticoats, a Shirt, a Brass Candlestick, and a Pair of Stays , the Goods of William Bartrup , July 6 .

William Bartrup . I met this Woman in an Alley in Bishopsgate-street, and being a little in Liquor, I asked her to go up to my Room, in Whitecross-Alley, in Moorfields ; there was a Neighbour of mine wanted a little Small-Beer, I went down Stairs to get some, and when I came back the Prisoner was gone. Whether I left the Key in the Door or not I cannot say, but the Goods were missing in the Morning. I found the Things upon her Back at the House where we were drinking Gin the Night before; she owned having the Brass Candlestick, but would not say where she had pawned it.

Elizabeth Tod . I live in the House with my Neighbour, these were his Wife's Cloaths, they lay upon the Back of the Chair; when he missed them, says he, Where's my Shirt? she owned the taking of the Candlestick before the Justice, but said she threw it away. Said I, she has taken your Wife's Cloaths, and you will find her at such a Place. I found the two Petticoats and the Stays, but the Gown she said she had given away.

Prisoner. I was going along Bishopsgate-street, and he asked me how I did, and whether I would go and drink, which we did; and he asked me whether I would go with him to his House, which I did, for he said he was a single Man then. Acquitted .

80, 81, 82, George Anderson , Richard Studder , Henry Hinton , of St John, Wapping , were indicted for feloniously breaking open and entering the House of John Inwood , about the Hour of one at Night, and taking from thence 3 Pieces of Cantaloon Stuff 80 Yards, one Piece of printed Linnen 22 Yards, 14 Ells of Linnen, and 2 Remnants of Bays, all to the value of about 4 l. the Property of John Inwood , July 23 .

John Inwood . I live in Milk-Alley, in the Parish of St. John Wapping ; I am a Shipwright by Trade, but my Wife is chiefly in the Shop Business: July the 22d in the Evening the Shop was shut up fast, about 10 a-Clock before I went to Bed, it was locked, barred, and bolted, and about four in the Morning I was informed the Shop was broke open, and the two Shutters lying on the Ground, there was a Pane of Glass broke, and the Goods were taken out, that are mentioned in the Indictment : I am positive the Night before the Goods lay in the Window within reach of being taken out by a Hand Put thro' that Pane of Glass.

Thomas Studder . On the 23d of July this Anderson the Soldier and I were walking together in Wapping, about one o'Clock in the Morning we met Richard Studder and Hinton; this Anderson mentioned that he in the Day-time saw these things lying in the Window and proposed the taking of them, and about two in the Morning Anderson, who is a Cobler by Trade, and I, by the Means of his Pinchers, pulled the Groove of the Window off, that the Shutters slide upon; I broke the Pane of Glass, I took the Goods off the Window and gave them to Anderson; Anderson and Hinton held open the Bag, and all these things were put in and Studder stood close to the Bag; the Pieces of course Sheeting, and one of the Pieces of Stuff , were sold to Mrs Gill for Half a Guinea, the Half Guinea was divided between us all, 2 s. and 6 d. a Piece, and the odd 6 d. was left in my Brother Richard Studder 's Hand, and he has it yet: Mrs Gill finding these to be stolen Goods, she would not keep them, but returned them; the Goods were cried, a Search-Warrant was granted, and they were found in the House of Richard Studder . - Miller the Thieftaker's Wife took me, and the Prisoners were taken up on my Information, having made myself an Evidence.

Hinton the Prisoner. He sent Unwin after us, I was going out with China and Earthen ware.

Unwin. I informed Mr Inwood I thought Richard Studder was the Man, we searched his House and found a large Quantity of the Goods. Thomas Studder hearing of this came to my House and offered himself a voluntary Evidence, for he had been guilty of several Robberies, and he said he wanted to make himself clear in the World. I went to Justice Jones and told him this, he said he would admit him an Evidence the next Morning, it being late then, which he did: He named the three Prisoners, Crocket and Emanuel Hubbard , I met Anderson and took him, and he said he believed his (the Evidence's) Brother and Hinton, were at Mother Rippon's at Epping : I hired some People and Horses, and went down and took them. Anderson and Studder would have made themselves Evidences, but Hinton did not care what became of himself if he could save Studder; near the Place where I live there is about 60 of this Crew; Studder, and the Keeper of New Prison's Son, were the Leaders of this Gang; we could hardly stir out of Doors for them.

John Upwood Constable. This is the Bays that was found in Studder's House .

Prisoner Anderson. My Lord, here are a parcel of Thief-takers here, they would swear our Lives away. Inwood could not swear positively to the Goods, there being no Marks on them, but said, they were very much like them.

Nathanael Harris. I went to Mother Rippon's at Epping , and as soon as Richard Studder saw my Head, he jumped out of Window, and Hinton was going to do the same, but I caught hold of his Coat, and prevented him, but Studder was soon taken. Pray, said I to him, where are your Pistols; said he, I exchanged them with Matthew Mooney * for his Buckles. I am a Hatter in Rosemary-Lane.

* See No. 58. p. 24.

Prisoner Richard Studder . He wanted to swear my Life away once before. - Harris, you are a very dangerous Man.

Hinton. Harris said to me, if you have five or six Pounds I may serve you, if not, I will have your Life.

Harris. I never said any such Thing, nor never spoke a Word concerning any Money, for I could not expect any.

[Unwin called.]

Court. You are upon your Oath; have you received any Money from any of the Prisoners, or any of their Relations.

Unwin. There was Money offered, and I believe I might have had a considerable Sum; and a Gold Watch, the Prisoner Studder offered it, if I could any ways serve him, and save his Life: But I had not any Thing.

Prisoner Studder. He has all my Goods.

William Palmer Hind. I was at the taking of Anderson, and he said I would have Thomas take care to lay his Informations fully, or else I shall make mine fuller than his before Colonel Deveil .

Prisoner Anderson. That is a Lie, it was before Justice Dennel.

Hind. He desired to know if he could be made an Evidence, he asked that several Times. - There was a Pair of Pistols produced .

Thomas Studder . These are the Pistols which were taken from Matthew Mooney , who was convicted last Thursday; I believe these were my Brother's, though the Marks are rubbed off.

Edward Baily . I have know Anderson four or five Years; he is a Cobler in Rag-fair , he does not keep a Stall, but works for several Masters: I am his Brother-in-Law. I always thought him an honest Man, and one that worked hard for his Bread : I am a Brasier, and live in Broad street, Soho; but I sell Goods to the Brokers there.

Susanna Baily . I am the Prisoner's own Sister, (she cries) I said to this Gentleman, Mr Unwin, Dear Sir, do not take away an innocent Life for the sake of the Reward; he said if you had come about a Fortnight ago, I could have served you, and if I could get Money my Brother should not be hurt; I do not say he mention'd any particular Sum.

Elizabeth Boswell . I have known this Fellow ever since he sucked at his Mother's Breast, 34 or 35 Years ago; I am 45 Years of Age, (the Prisoner looked to be full as old) I live in Broad St Giles's and deal in Rag-Fair; I never heard any ill of him.

James Dickson . I have known him three or four Years, I always took him to be an honest Man.

Unwin . As to that Woman (Anderson's Sister) she said she would give me a Note of her Hand for 20 l. if I could save his Life, for she was a free Dealer, and would pay it at so much a Week; the Husband said no, that was too much, he said about 3 l would do, but I never did offer any thing concerning taking of Money. All three Guilty , Death .

83. Richard Studder was a Second Time indicted, for stealing two Geese, val. 3 s. one Duck, val. 6 d. two Game Cocks, Val. 5 s. one Hen, val. 2 s. 6 d. the Goods of John Hawes , July 17 . And,

84. John Anderson , for receiving the same, knowing them to be stole .

But no Prosecutor appearing they were acquitted .

85. Dorothy Wood was indicted for stealing a Pair of Stays, val. 10 s. out of the Shop of Elizabeth Compton , July 17 .

Elizabeth Compton . I keep a Shop in Rosemary-Lane , and sell Cloaths. I lost a Pair of Stays out of my Shop, the 17th of July last. The Prisoner at the Bar came into the Shop and cheapened a great many. I fitted her with a Pair, and missing this Pair, I searched her; she opened her Breast, said she, Do you think I can have them here? she opened her Gown, and I put my Hand under her Coat, and there was a Bag tied round her Waste, and the Stays were in that Bag, these are my Goods. She begged I would not prosecute her.

Prisoner. I never was in her Shop in my Life.

Compton. My Son, and my Son's Wife both, saw the Stays taken out of the Bag. Guilty, 4 s. 10 d.

[Transportation. See summary.]

86. Margaret Hutchins , of St Margaret Westminster , was indicted for stealing one Gold Ring, val. 15 s. the Goods of James Hunt , Sept. 3 .

Mary Hunt . I lost the Ring out of my Box last Friday Morning. The Box was locked, and the Key was in my Pocket. It was pawned at the Golden Ball, in Hart-street, and I found it there.

Thomas Grub . I live in Hart-street, Covent-Garden. The Prisoner came to our Shop with a Gold Ring, she pledged it for 15 s. I have taken in several Rings of her before, and took her to be a very honest Woman, for she dealt very fairly.

Mary Hunt . This is my Wedding-Ring. Guilty .

[Transportation. See summary.]

87. Thomas Hooper , of St Anne Westminster , was indicted for stealing one Pair of Shoes, val. 2 s. 6 d. one Pair of Pumps, val. 1 s. 6 d. one Pair of Stuff Damask Shoes, val. 2 s. 6 d. the Property of William Miller , in his Shop , September 2 . And,

88. Martha Goldsmith , for receiving them, knowing them to be stolen .

William Miller . On Monday last Hooper deserted my Service. After he was gone, one of my Neighbours said, Mr Miller, you have lost some Pumps. I enquired, and found one Pair behind a Grate in his Room, and another of them at the Pawnbroker's. These are my Goods, though the Mark is blotted out.

William Matthews . These Pumps were brought to my Master by Goldsmith, who said her Mistress gave them to her. Hooper guilty, 4 s. 10 d. Goldsmith acquitted .

[Branding. See summary.]

89, 90. Catherine Davis and Jane Canwell were indicted for stealing six Yards three Quarters of Thread Lace, val. 40 s. the Property of William Coverley , in the Shop of William Coverley , Sept. 1.

Frances Coverley . I keep a Milliner's Shop in White-Chapel . On the first of September, the two Prisoners at the Bar came into my Shop, and cheapened some Lace, Davis said she wanted it to make some Baby-Cloaths. I missed a Piece of Lace, and my Son pursued them, and overtook them, and they were designed to be searched at this Gentleman's (Mr Crawley's) House. This Lace was in my Box when they came into the Shop. I saw the Lace drop from Canwell. I had a Suspicion, because they bid me a great deal under the Value of it. Davis was at some small Distance from the Lace when it was taken off the Ground.

Canwell. Have I not been several Times at your House, and laid out Money with you?

Coverley. She has been twice at my Shop, bought Goods and paid for them.

Canwell. Did not Davis take the Lace, and put it upon me.

Frances Coverley . I should rather think Davis took it; I had never seen her before, she looked like an ill Person. - This is not the Lace they cheapened - I cannot say Canwell handled any of the Lace, though she might, for the Box was close to each of them, - they stood even with one another.

Elizabeth Smith (Servant to Mr Crawley). These two Women came to my Master's House, they were both sitting close together up Stairs. Davis got up, and one Part of the Lace stuck to Davis's Cloaths, and the other Part lay upon the Ground. They said they knew nothing of the Matter.

Gerrard Crawley. My Cousin Coverley came to my Shop with these two Women. They were unwilling to go up Stairs at first, but they did go; when they came into the Room, my Cousin said, One of you two have robbed me of a Piece of Lace. They were a little amazed, and my Cousin said, I am determined you shall be searched; and the shortest one (that is Davis) got up and said, Search me, Madam; and the other went towards the Window; and I saw the Lace drop from her outward Garment, and part of it stuck to her Cloaths; it did not drop from that Side next to Davis, but the opposite Side.

George Coverley . My Mother missing the Piece of Lace , she and I followed them, I overtook them by the Mansion-House. I said I wanted to speak with them, and they must come back. Says one of them, What will the Gentlewoman let us have the Lace? I said, she wanted to speak with them; they came back to Mr Crawley's House, in Leaden-hall-street , and then they were told what we wanted with them.

David Gilham . I have known Canwell about two Years, her Husband is a Lapidary, I never heard any Ill of her.

Anne Young had known her twenty Years, Martha Foxon four Years, and Ann Jones , Susan Phillips , Mary Woolball , and James Woodward , have known Canwell several Years, and gave her the Character of a very honest Woman. Catherine Davis * guilty 4 s. 10 d. Jane Canwell acquitted .

* Davis had not one Person to her Character, though she had a great many last Sessions, when she was tried by the Name of Mary Shirley , for robbing Mr Setcole, Linnen-Draper in Smithfield. See her remarkable Trial , No. 21.

[Transportation. See summary.]

91, 92, 93. John Cooper . John Squire , and John Jennings , were indicted (together with James Stewart , and George Ewins , not yet taken) for that they in a certain Place near the King's Highway, called Grace's Alley, upon Joseph Daniel , did make an Assault, and put him in corporal Fear, taking from him a wooden Box, sixteen Metal Spurs, one Cock, and thirty Shillings in Money , the Property of the said Joseph Daniel .

Joseph Daniel . On the 27th of June last, I think it was between one and two in the Morning, I was going up Well-Street in Rosemary Lane, I turned into an Alley called Grace's Alley , and heard, as I thought, some Body come after me, presently a Man came up with me, as soon as I could I stopped to let him pass before me; then I saw several Persons, one of them came up to me, said he, what's here; (I had a Fowl in my Bag;) let go. I had another Bag under my Arm, in which were these Spurs, and some trifling Things; the Man that first stopped me, and took the Fowl, asked me what I had got in my Pockets, and put his Hand into my Breeches Pocket, on the right Side, and took my Money: To the best of my Knowledge, I lost 50 s. though I have laid it but for 30 s. I begged them not to use me ill, as I was a working Man, to hinder me from getting my Living; one of them held up a Thing like a Pistol, and said he would blow my Brains out if I spoke another Word, or to that purpose; another held up a Thing like a Hanger, but being very much frightened, I cannot be very particular, then one of them said come along; said I Gentlemen, here is in one of these Bags only a Fowl, which will be but of little Use to you, and upon my saying that, one of them flew towards me in a great Fury, and said, he would blow my Brains out if I said any more; then I went away. - I cannot take upon me to say I know any Thing of the Prisoners at the Bar: A Person came to me some time afterwards and asked me if I had lost any Cock Spurs; I said yes I had, the Man told me he would go with me on Sunday to look after them. - 'Twas Mr Unwin at the Ship, near Well Close-Square, the Spurs are in his Custody; this wooden Box I am positive I lost, the Spurs were in it. - It was darkish, I cannot be positive whether there were Lamps or not.

Q. What sized Men were they?

Daniel. I took them to be middle sized Men, but I cannot be positive. I am a Plaue-maker by Trade.

Q. So you divert yourself now and then with a little Cock-Match.

Daniel . I am a Man that does not use much Company, so I think I may as well spend a little Time that way, as spend two or three Shillings any where else.

William Hawkins . On the 27th of June the three Prisoners at the Bar, and I and two more, met Joseph Daniel at the End of an Alley near Well-Close-Square. - We all went out together to stop any Body that we met, and to take what we could from them - It was between one and two o'Clock in the Morning. - I knew Mr Daniel again as soon as ever I saw him. Ewins the Irishman asked him what he had in his Bag, and took it from him, and put his Hand in his Pocket, he took out what Money the Gentleman had in his Pocket, which he said was 22 s. and 6 d. which was shared among us; so he sunk the rest. - Squire was searching his Pockets too. I do not know what was taken out of the other Pocket.

Q. Did any Body hold up a Pistol?

Hawkins . Squire had a short Rolling-pin, which might be taken for a Pistol in a Surprize. That young Fellow John Cooper had a Hanger, Squire took the Bag with the Box and Spurs in it. - The Gentleman desired to have his Fowl again, said he, there is nothing in that Bag but a Fowl, I hope you will give it me back again; and John Cooper said if he spoke another Word he would cut off his Nose; the Cock Spurs Squire and Cooper sold in Rag-Fair for 3 s. The Fowl was dressed at Mr Smith's, the Yorkshire Grey in Rag-Fair, on Monday Morning, Squire, Cooper and I were at the eating of it, Jennings was not; the 22 s. and 6 d. was divided between us, we had 3 s. and 6 d. a Piece, and the other 18 d. was spent in Bottled-Ale and Brandy.

Jennings . I am sure of it, I never was out with them before that Night.

Hawkins. We robb'd five People that Night, and every one of the Prisoners were with me then. - I believe this is the Box the Spurs were in; I took particular Notice of it.

Jennings . Please to ask him how long he has known me.

Hawkins. I never knew him before that Night; all five except Jennings were together, and we said we were going out together, and asked Jennings to go along with us, and he said he would; I had drank with the others several Times, but was never out with them before upon that Account.

Jury. Was Jennings in the hearing of them? Did he know of your Design, that you were to go out to rob? Because there's a Difference between taking a Walk, and going out a Robbing.

Hawkins. The Irishman said, in the Hearing of Jennings, they were going out to rob any Body we met, and to get what we could. - I am sure Jennings heard him say so, and knew our Design.

Samuel Unwin , who keeps the Ship Alehouse. I know of these Spurs, I have seven Pair and an odd one. After Mr Jones, the City-Marshal, had taken up these two Men, (that is Cooper and Squire ) I heard of the Robbery in Well-Close-Square , and went to Miller, and he said they were sold to his Wife for Silver. I made an Enquiry of one at the Red-Lion Cock-Pit, whether he knew any Body who had been robbed of any Cock-Spurs; upon that he made an Enquiry, and found them to be Mr Daniel's. All Three guilty , Death .

94. Mary Mathews was indicted with John Johnson , not yet taken, for stealing one Guinea, one half Guinea, and a Quarter of a Moidore, and 6 s. and 6 d. in Money , the Property of Matth.ew Insom , August the 23d .

Insom . A Fortnight ago last Monday, between seven and eight in the Morning, I was in Rag-Fair ; there was no Person in my Company but this Mathews, at a House which is called the Hay field; I was drinking a Pint of Beer, there she picked me up, and carried me to one Johnson's, who keeps a private House: We drank together, but I refused drinking any thing but all Ale. We were in a Room by ourselves; as soon as I came out of the House I missed my Money. I was not there passing half an Hour - I know I had my Money in my Pocket a Quarter of an Hour before I came out of the House; and in half an Hour's Time I met her in my Way. - I am sure she is the Person that robbed me. I carried her before Justice Richards, and she pleaded she had not a Halfpenny Piece about her. And the Money was found about her there was a Guinea, and 10 s. 3 d.

Joseph Goadby . I found 31 s. 3 d. in her Pocket, though she said she had not a Farthing. Acquitted .

95, 96. Ralph Coster , and Thomas Coster , of the Parish of St Mary Islington , in the County of Middlesex, Labourers , were indicted, for that they not having God before their Eyes, but being moved and seduced by the Instigation of the Devil, on the 16th Day of August, in the Sixteenth Year of His Majesty's Reign , in and upon the Body of John Lack , feloniously did make an Assault with a cert ain Dagger made of Iron and Steel, value 6 d. which he, the said Ralph, held in his Right-hand, and him the said John one mortal Wound did give, of the Breadth of half an Inch, and the Depth of 3 Inches, of which Wound he instantly died: And that the said Thomas Coster was then and there aiding, abetting, assisting, comforting and maintaining the said Ralph the said Murder to commit: And that they the said John Lack did kill and murder against the Peace of our Sovereign Lord the King, &c .

Josias Lack. The Deceased was my Father: He was killed the 16th Day of last August, in the Road leading from Aldersgate-Street to Islington , near the Turnpike. - The next Day we got a Search-Warrant, and went with the High Constable to the Turk's-Head Alehouse, in the Road leading to Islington. I asked where the Landlord and Landady were; a Woman said, I am Landlady. The Constable and other Officers searched the House, to see if they could find any Weapon wherewith the Murder was committed.

Q. How came you to go to this House?

Josias Lack. Because it was a House of an indifferent Character, and People suspected it: The High-Constable was going there before I saw him. Says the High-Constable to the Woman, Where is your Husband? Says she, he is in the Country, he has been gone three Weeks. - I have no Lodgers; there is no body in the House but my Son, and he is making a Perriwig : She would have called him down, but the Constable chose to go up; and when he came up, the Son was mending a Coat, and the Father was shut up in a Closet. There was a Shirt lay soaking in Water, which was bloody: I believe it was in a Bason in the Room where the Father was. The Son was in another Room up two pair of Stairs. It was asked, How the Shirt came to be bloody; and the old Woman, and all of them said, the old Man was blooded the Sunday before. - They all three said so: And when they came before the Justice, the old Man and his Son both said it was the Sunday was se'ennight before. The Shirt was brought down and looked at, and it was bloody only on the right Arm.

Court. Did you look at the Arm that was bloody?

- Lack . There was a Barber there that did, and he said he had not been blooded so lately as the Sunday se'ennight before. - I did not see any Thing farther than an old Orisice: - It looked white, not red; he seemed very much frightened, but said, he would send for the Man that blooded him, but I did not see him there.

Q. Did you see the Body of your Father?

Josias Lack. Yes, there was a great deal of Violence done to him, he was very much abused; he had thirteen or fourteen Wounds, they appeared to be Stabs. There was one on his Left-side, under his Left-Pap; one in his Throat; one under his Right-Ear; one in his Left-Cheek; another by his Left-Eye; another in his Left-Arm, and one or two in his Back. - It was about 10 o'Clock at Night on Monday, Aug . 16. He worked at the Tower, and was going home to Islington. I was called out about 11 o'Clock, and the Body lay in the Road about six or seven hundred Yards from the Turnpike. - He had no Wound on the Right-Arm.

Court. You say, the old Man said he would send for the Person that blooded him. Did he send?

Josias Lack. He said he would; and that the Person lived on Little Saffron-Hill , by Hockley in the Hole: but he did not come.

Ralph Coster . Did not I send for the Barber? My own Daughter went for him, and brought him; and you staid so long in the Mulberry-Garden, that he went away again.

Lack. I did not see any body sent for.

John Noel . On Tuesday the 17th of August, the High-Constable sent for me to get a Search-Warrant from Justice Wroth, to search Houses who harbour People of bad Reputation. The first House we went into was the Turk's-Head; the Prisoner at the Bar kept the Turk's-Head at that Time; when we went in, the Woman was asked, Who kept the House: Then she was asked where her Husband was, she said, he had been out of Town three Weeks or a Month. The High-Constable asked her, if she had got any Lodgers, or any body else in the House. She said, there was no body in the House but her Son, and that he was above Stairs, making of a Perriwig. The High-Constable bid her call him down, and she said she would; but before she called him down, said one of the Constables, let us go and see what he is doing of; so I went up Stairs: he was at work, but I cannot tell whether it was upon a Perriwig or a Coat. Then Mr Body, the next Witness, said, here is a Man in the Closet. The Door was shut to, and I thought it was a Door that went into another Room, and there the old Man was bolt upright in the Closet - It had no Window, but was big enough to put a Close-stool, or a two-armed Chair in; and Mr Body pulled him out, and then somebody searched to see if there were any Weapons, but did not find any; there was a Shirt in a Pan or a Bason of Water, or Urine: I have got the Shirt here. It was the Left-Arm then that appeared to be bloody, for the Shirt was turned. I did not see it when it was taken out of the Pan; it was delivered me before the Justice.

N. B. The Shirt was produced, and appeared to be bloody about half way up the Sleeve for the Right-Arm.

Q. When the Shirt was produced, how did they behave?

John Noel . The old Man seemed to be very much frightened, and said, he had been blooded the Sunday before, and that the Shirt was put in Water to soak the Blood out. - I do not know whether the Arm was inspected at the House.

Thomas Coster . The Arm was inspected at the House.

John Noel . I saw the Arm stripped before the Justice. There did not appear to me to be any thing of a new Orisice; when he was examined before the Justice, he said it was the Sunday was se'en-night before that he was blooded; he said the Person that blooded him was a Barber, who lived on Saffron-Hill .

Court. Explain yourself as to the Father's being frightened.

Noel. He seemed to be in a Flurry, as if he did not know what he said.

Q. How did the young Man behave?

Noel. He said he knew nothing at all of the Matter, and said he would go very quietly with us.

Q. Did you observe in the young Man any Signs of Guilt?

Noel. I did not perceive any Timidity in him, there was in the old Man.

Ralph Coster . Ask him what I said, when they took me out of the Closet.

Noel. I did not take you out of the Closet.

R. Coster. Did not I show my Arm then?

Noel. I did not see it.

Court. Lack, Was your Father stripped?

Josias Lack. My Father was not stripped, he was robbed - of a Tobacco-Box, an old Knife, and a Key; and I believe he had about him, between twenty and thirty Shillings, which was lost.

Noel. The Justice desired us to try who the Shirt would fit, and it was tried on the old Man's Wrist, and it would not meet by half an Inch at least, I believe it would hardly meet with a Pair of Buttons.

Coster. These are the Buttons I had in the Sleeves when I wore it.

Noel. There were no Buttons produced before the Justice: He said there, the Shirt was given him by a Nephew, and he had only wore it that Day; and that it was to be altered and made fit for him. - There is no Mark at all upon it - The Son said he was a Perriwig Maker by Trade. - There were two or three Razors in the Room, and two or three Staves that they weave their Hair upon. - It looked as if it had been a Room that a Barber had made use of, but not lately, for the Things did not stand in Order for working.

William Body . I went with a Search-Warrant, by the High Constable's Order, to the Turks-Head. Said the High-Constable, Body, come in along with me. Said he to a Woman that was there, Who keeps this House? Said she, I do. He asked who was in the House, she said I have no Body in the House but my son, and he is at Work. - I did not hear her ask'd where her Husband was. I went first into the one Pair of Stairs Room on the Left-Hand and found nothing; and then into the one Pair of Stairs Room on the Right-Hand. I went into the other Room again, and saw a Button to a Closet-Door, which was not buttoned. I went to open the Door, but I believe he held it within, because it did not open immediately.

Q. Was there any thing on the inside, by which he might hold it?

William Body . It was a common Wainscote framed Door, and a Body might lay hold of the Frame with one's Finger. - I believe it was plain on the Inside. - I did not see any thing of the Inside, that it might be hold by, - it might stick a little. My Lord, when I opened it, there was a Man stood upright in the Closet; said I, What do you do here? Come out. - I was led a little, for I had no Stick nor any Weapon. The old Man said, I am afraid of Bailiffs, that is the Reason of my hiding myself, I am afraid of nothing else. His Shoes were slipped, - they took the old Man down Stairs. - The young Man was mending a Coat, and he said, My Mother keeps the House, I am not afraid of any thing, What is the Meaning of this? Said they, there is a Murder committed, and this is a Search-Warrant, and you must go along with us; said he, I will follow you down. I thought it best that he should go first, and he readily did so. - The Sleeve of the Shirt lay in a Bason of Water, and the Body lay out of it. The High-Constable said it was requisite to take the Shirt along with us, so I went up Stairs and fetched it down.

Q. How did the old Man behave then?

William Body . I did not see him any more surprized when he saw the Shirt than he was before. At first he said he was blooded the Sunday before, so did his Wife, and so did his Daughter. - His Arm was stripped up before the Justice, and there was a Man that came from Islington that bleeds People, and he said he was sure he had not been blooded for a great while.

Jury. Did you hear that the Person that blooded him had been at the Justice's?

Body. I did hear it said, that the Surgeon that blooded him, had been at the Justice's, and that he was gone, but I did not see him.

R. Coster. I know no more of it than the Child unborn. This is the Barber that blooded me.

Joseph Chandler . I am a Barber, and Perriwig-Maker, and Bleeder. On the 8th of August, that old Gentleman at the Bar came to me to Saffron Hill, to be blooded, between eight and nine in the Morning, and I blooded him in the Right-Arm.

Q. Did you go before the Justice?

Chandler. I was informed, that I was sent for twice, but I was abroad.

Q. I would ask you if a Man has been let Blood eight or ten Days, whether the Orifice will look red or white?

Chandler. Sometimes it will look red for a Fortnight; sometimes it may hardly be seen at all, but will close immediately; sometimes it will be three or four Days, and in eight or nine Days it will look as if it was an old Bleeding. I knew the old Man before he lived there, he kept a House at the Spaw.

Ralph Coster . I have Witnesses to prove that my Son and I were in Bed that Night by nine o'Clock.

But the Court and Jury being satisfied, they were not examined. Acquitted .

97, 98. Mary Swinhy and Jane Biller , of St George's Middlesex , were indicted with Mary Merrit , not yet taken, for assaulting Winifred Owen on the King's High-Way, putting her in Fear, and taking from her a Handkerchief, an Apron, a Hat, and 17 s. in Money , her Property, Aug. 15 .

Winifred Owen . I sell Milk . Last Sunday was three Weeks, between nine and ten in the Morning, as I was going homeward, towards Stepney, in Rag-Fair , I think they call it, I met with these Women, and asked them the Way to the Blue Anchor, they said they would show me: We went about three or four Stones throw together; then they shoved me into an Alley, and gave me a Blow on the Head.

Prisoner Miller. Gentlemen, I desire they may be all turned out of Court, and examined seperately, which was granted.

Owen. The Blow stunned me, (she is not taken that gave me the Blow, there were five of them) then I said, Lord, have Mercy upon me, What is this for. I clapped my Hand upon my Pocket in a Minute, and caught that little one's Hand (Miller's) in my Pocket. Said I, Lord, bless me, all my Money is gone; then one snatched my Apron off, and another my Handkerchief, and another snatched my Hat; the 17 s. in Money was tied up in a Rag.

Miller. My Lord, please to ask her whether she was drunk or sober.

Owen. I drunk! I thought I should have been murdered. God keep me from such People. So I run away, crying, into a little House, for to save my Life. I went to my Sister, and told her of it, who lives just by; and some of the People said, they knew that little short Body, and she was taken up directly. I went to the Watch House, and they asked me if I knew her? Yes, said I, that is the Woman that put her Hand in my Pocket. Said I, What have you done with my Money? She cursed and swore, and abused me sadly, and struck me before the Justice. I thought she would have killed me, and the Justice ordered her to be tied down. My Handkerchief was found upon her.

Q. Are you sure Swinhy was there?

Owen. Yes and please you, my Lord, God bless you, I know her very well; the little one had a black Eye then; 'tis pretty well now: That Handkerchief is mine, I worked very hard for it, and that Hat and Apron are mine.

Miller. Ask her if she did not ask for a Dram, and if I did not resent her having one.

Owen. I did not call for any Liquor, God bless you, and please you, my Lord, it is she, if I was to die this Minute, God bless you. - That Woman in the blue Knot, [which was Swinhy ] she was in Company, but I cannot say she did what the others did; - She did not take any thing from me. - I am sure the little one robbed me; God Almighty bless you, I would not tell a Lye for the World: They snatched behind me, and did it so quick, I cannot tell who did it.

Joseph Williams , Constable. I was charged with this Woman to carry her to Prison; this Hat, Apron, and Handkerchief were delivered me before the Justice.

Thomas Butler . The Prosecutrix came to my House, I am her Sister's Husband, and sat about Half an Hour one Sunday in the Morning. - Some time after she went away, I met her full butt between nine and ten, she was crying, and said she had been robbed by four Women, two small ones, a lusty one, and a middle sized one: I heard a Man say he saw four or 5 Women together talking about dividing some Money; I happen'd to go into the Black-Horse, in Well-Street, and there I saw Jane Miller ; she was selling the Handkerchief; then I took fast hold of her, and she put the Handkerchief into her Bosom, then I took her to the Watch-house, and charged Williams the Officer with her; he kept her in Custody, and then Eleanor Okley was taken, and she made her self an Evidence: Swinhy was taken up upon her Evidence by Inwin and Harris: A Woman came to me with the Apron and Hat, and said, I had these from the Woman that took them from your Sister-in-Law. - I saw Miller take the Handkerchief out of her Bosom, and gave it to another Woman, and that Woman gave it to me: When Swinhy was taken, she said, she was along with them when they went to sell the Goods, but she had no Hand in the Robbery. - Jane Miller told me, she did not drink any Gin in the Prosecutrix's company.

Owen. I drank no Gin with them that Morning, nor never saw them before in my Life.

Miller. Pray, Sir, did not he pull me all along?

Williams. I bid him pull you along because you would not go.

Eleanor Okley . Jane Miller , Mary Swinhy , Mary Merrit , and myself, went one Sunday Morning to get a Dram at the New Exchange in Rag Fair, and we happened to meet this good Woman, the Prosecutrix, and she asked for the Blue-Anchor. Jane Miller made answer, come along with us and we will show you, we all four of us went along with her; when we came into the back Lane, Jane Miller , first and foremost took off her Hat; secondly, she took off her Handkerchief, which was upon her Neck. Mary Merrit gave the Woman the Blow on the side of her Head, then Jane Miller was trying to take off her Apron; then Mary Merrit came again, and between them both they untied it, and then we all run away. - I did not see any Body put their Hand into her Pocket - as for the Money I know nothing of it, nor never saw any; I had no intent to rob any Body when I went out in the Morning, and I believe they had not neither - we drank no Gin with the good Woman, we had Gin before.

Jury. Were you sober, or were you in Liquor?

Okley. We were not in Liquor, for we had but Half a Quartern a-piece. Swinby was with us, but she did nothing. - I went and left them, and heard no more of it till Miller was in the Cage. - Miller put the Handkerchief into her Bosom, the Hat and Apron Mary Merrit had.

Miller. Ask her if she was not at Mrs Bun's drinking Gin with the Prosecutrix.

Eleanor Okley . I did not drink any thing with the Prosecutrix; I was not in any House with her.

Miller's Defence. I was going down Rag-Fair, Okley stood at the End of an Alley with Mary Merrit , they asked me to go to the New Exchange to drink a Dram; then I met the Prosecutrix, Okley took hold of her, said she, you shall drink a Dram, she said she did not care for a Dram for she had drank enough already: This Woman [that's Swinby ] and Bun's Daughter, went after the Woman, and brought her into a Gin-shop; then Swinby was sitting with her Mistress's Child upon her Lap: I being a little Body like Eleanor Okley , they swear against me: Okley put her Hand in her Pocket and took out only seven Farthings, said I who must pay for the five Quarters of Gin; and then I took her Handkerchief off her Neck to pay for it: Okley made herself an Evidence against me, for fear I should be an Evidence against her; but I had no such Intention, because I knew it was a wrong thing.

Okley. I do not know that Miller said any thing to the Prosecutrix, when she took the Handkerchief, that she did it to pay herself for five Quarterns of Gin. Jane Miller , guilty of the Felony, but acquitted of the putting in Fear . Mary Swinby Acquitted .

[Transportation. See summary.]

99. Martha Johnson , otherwise Sullivan , of St Giles's in the Fields , was indicted for stealing a Silk Damask Gown, value 21 s. a Sarcenet Gown, value 10 s. and sundry other Goods , the Property of Jean Chaban , Widow , September 3 .

Mary West deposed. That she found the 2 Gowns, and several other Things of her Mistress's at Mr Simmonds's the Pawnbroker's.

Mr Simmonds. The Prisoner brought these things to me to pawn, she said they were her own Cloaths, and wanted 4 Guineas on them; said I, these Cloaths do not look to be your's, they do not fit you, she said she lived over the way, I would have sent my young Man with her to know where she lived, but she would not let him go, then I had a stronger Suspicion, and sent for Mr Harper the Constable; the Prisoner said she was undone, and owned they were her Mistress's Cloaths; and confess'd she open'd her Drawers and took them out. Guilty .

[Transportation. See summary.]

100. Hugh Jones , of St James's , was indicted for stealing a Scarlet Camblet laced Wastcoat, val. 30 s the Property of Sir Ranelagh Ward , September 1 .

Frederick Williamson . I lost this Wastcoat out of a Bundle of Cloaths; the Prisoner own'd he had the Wastcoat, but said it was given him by another Person, and it was found in the Prisoner's Lodging under the Table. Acquitted .

101. Edward Rhodes Aris , of St John Wapping , was indicted, that he, with William McBride , not yet taken, did steal and carry away, twenty-nine Pieces of Foreign Gold Coin, called Moidores, out of a certain Ship called the Archibald , the Property of Persons unknown, July 23 .

Mr Crawford (the Owner of the Ship) produced an Examination taken by Justice Dennet , and signed by the Prisoner, wherein he says that William Mc Bride brought a Box on Shore, which was very heavy, and had a great deal of Gold in it, and that he gave this Examinant thirty-five Moidores of the Money.

The Indictment being laid for stealing them, which could not be proved, he being at most only guilty of receiving them, knowing them to be stole, he was acquitted .

102. William Bird , late of the Parish of St Martin in the Fields, in the County of Middlesex , Labourer , was indicted, for that he on the Sixteenth Day of July, in the Sixteenth Year of his Majesty's Reign , about the Hour of two in the Morning of the said Day, with Force and Arms, in and upon one Mary the Wife of John Maurice , did feloniously, wilfully, and with Malice aforethought , make an Assault; and that he, the said William Bird , into a certain Close-Room, called the Hole, being Part of the Building belonging to St Martin's Round-House , she said Mary Maurice , with Malice aforethought , did force, put, place, confine , and continue for the Space of two Hours, where there were twenty Persons confined , which said Room was not of sufficient Largeness to contain twenty Persons, for the Space of one Hour, without manifest Danger of their Lives; and that the said Mary Maurice , during the Time of her Consinement , on the Day and Year aforesaid, in the Parish and County aforesaid, and in the said Close-Room, was suffocated; and that the said Mary Maurice , in the said Close-Room aforesaid, did die; and that he, the said William Bird , in Manner and Form aforesaid, with Malice aforethought, the said Mary Maurice did kill and murder .

He was likewise charged on the Coroner's Inquisition for the Murder of Mary Maurice .

The Prisoner desired Pen, Ink, and Paper, which was granted. The Court likewise ordered his Irons to be taken off.

Bird. If your Honour pleases, I would not enter immediately into the Trial, but would desire an Hour's Time. I am prepared with Innocence, but my Friends are not all come.

[The Trial was put off for an Hour; when being again brought to the Bar.]

Bird. There is one Favour I beg of you, Sir John, that this poor unhappy Woman, my Wife, may have Egress and Regress.

Court. She shall, and no Body shall insult either her or your Witnesses.

Bird. Another Thing I beg is, that the Evidences may be examined separate. (Which was ordered)

[Bird then applied himself to Mr Lloyd, one of the King's Council.]

Mr Lloyd. You will have no Hardship from any Body here.

Bird. It's hard I can have no Council; Serjeant Hayward is out of Town; Serjeant Wynne is out of Town; Mr Benny and Mr Theed desired to be excused. Mr Glanville has given his Brief to one Mr Spiltimber, and he has returned it.

King's Council. My Lord, and Gentlemen of the Jury. I am Council with the Gentleman who open'd the Indictment against the unhappy Prisoner at the Bar, and you find that the Crime, with which he is charged, is of no less a Size than the heinous one of Murder.

It falls to my Share to lay before you the particular Facts on which that heavy Charge is grounded, which I will choose to do with all the Plainness I can possibly use, and without any Comments or Observations upon them, 'till I have open'd the whole, that so the naked Story may be considered by you in one uninterrupted Light, and the Application of the several Facts to our Law arising upon them, may be the more clearly understood.

I always look'd on Plainness to be the best, or however the honestest , Eloquence; putting false Colours on Facts is ever unjust, but in Cases where wretched Men are on their Trial at the hazard of their Lives, 'tis not only unjust but cruel; and as the Case now to be laid before you is stated to me in my Instructions, were I ever so desirous and able to use colouring, the Facts are too black of themselves to admit of any additional Horror.

Gentlemen, the Prisoner at the Bar has lived some Time in a Place called the Round-House, in St Martin's-Lane ; and has for a considerable Time (some Years) acted as a sort of Goaler, and disposed of such Persons as were brought thither in such Manner as he thought proper; this Round-House consists of several Rooms.

On the 16th of July last, very early in the Morning, a Number of People were brought at different Times to this Round-House, I suppose by proper Officers, amongst which the poor unfortunate Woman, whose Death gives you the Trouble of this Day, was one. - Many of them were, as they were brought thither, put by the Prisoner into a Place called the Hole, being under Ground, and about six Foot six Inches in Length, six Foot three or four Inches in Breadth, and about the same Dimensions in Height: I am instructed to say that some who thought proper to spend Money in the House, or to purchase Beds, had more Indulgence than the others, how that Fact may come out I can't say; the Common-Sewer runs underneath Part of this Hole; towards the Street was an Iron Grate which let in some Light and Air, to which there was a Shutter to be put to on Occasion, and through which were several little Slits where some little Air might come when the Shutter was put to, and there was likewise a cut over the Door which served to let in Light and Air; the Closeness of the Place, and the Stench within it, caused by its Situation, and by the Increase of the Number of People put in at different Times, occasioned a general Cry of Murder from the poor Wretches within it, they begg'd for Water, for Air; called out that several were in Fits, but without Relief; the Clamours of their Complaints reach'd the Prisoner's Ears, but not his Heart, for my Instructions lead me to say, that he not only refused Relief himself, but hindred others who would have afforded it; for as a Woman was coming to bring them some Water, he push'd her away, spilt the Water, and took away the little Resource of Air which they had, by closing the Shutter - three more Women were brought to the Round-House, and the Prisoner order'd the Beadle to carry them into this Hole, but on his Return from it, he told the Prisoner that 'twas impossible, that the Hole was too full already, and that if they had not more Air they would die. The Prisoner immediately carried the three Women down himself, and on his Return, told the Beadle, what you said could not be done, I have done in a Minute; soon after the Prisoner went to his Bed, and this Hole was no more open'd, till ten in the Morning, and when it was open'd 'tis impossible to describe to you the dismal Scene! Some gasping, and, to Appearance, expiring; some recovered who were taken for dead or dying, by the Aid of the Surgeons; others expired on the opening a Vein, and the poor Woman, for whose Death this Prosecution is carried on, was quite dead.

Having thus briefly and plainly open'd to you the Nature of the Facts, which my Instructions lead me to say will be proved by the Witnesses, I shall take up but a little more of your Time by a few Observations, and which I shall submit to the Direction of the Court.

Two Things are necessary to constitute the Crime called Murder; first, an unlawful killing; secondly, a malicious Intent at the Time of committing it.

And here you'll observe, that I am supposing the Facts to be true, as I have opened them, for if the Witnesses do not prove them, all that I shall say, or have said, ought to pass for nothing.

First then, As to the unlawful killing, I always took it, that the Constable is the proper Officer to confine Persons committed or carried to the Round-House; and I am informed, that the Prisoner was not properly a Constable, and if so, then most certainly all he did was unlawful; but as he has acted for a considerable Time in this Capacity, and has been deemed the Officer, perhaps it would be too hard in this capital Way, to take Advantage of the Want of Legality in his Office. I will therefore suppose him the proper Goaler, I will suppose the Persons lawfully committed to his Custody, I will suppose all legal to the Time of putting them in the Hole, and yet it will appear that the killing was unlawful.

The End of all Commitments to Round-Houses is, that the Prisoners should be safely kept for the Examination of a proper Magistrate, they are there, as in all other Prisons, in the Custody of the Law, they are sent thither to be preserved for a proper Judicatory, not to be destroyed; and the Goaler is by Law obliged to treat his Prisoners with all the Care, and Tenderness too, which is fitting and possible . The Law abhors Cruelty, and has an Officer of its own, the Coroner, to enquire into the Death of Prisoners, left they should have met their Fate by cruel Treatment; in which Case, the Law adjudges the Goaler guilty of Murder: He, by Force of the Law, is to keep, not to destroy his Prisoners; supposing therefore, this poor Woman lawfully in the Custody of the Prisoner; yet, if the Facts opened shall be proved to you, she died unlawfully, so that in such Case, here is the first Thing requisite, an unlawful killing.

The second Ingredient in Murder, is a malicious Intent at the Time of committing it. Malice and Hatred are very different Things: Hatred is a Temper of Mind antecedent to the Fact; but Malice may be a sudden Intent, and expressed at once; thus killing another on a sudden Quarrel, with a dangerous Weapon, is Murder, for the Weapon shews the malicious Intent. In several Acts the Law implies Malice; but in this Case there is no Occasion for implied Malice, for the Acts shew express Malice; if he heard their Cries, or was told by the Beadle of the Danger, Why no Relief? To what else can be imputed one Expression of his, which I am instructed be used, Let them die and be damned .

Thus, Gentlemen , I have gone through what I proposed; the Man is to be tried by you; to your Judgment and Impartiality the Evidence to be given must be submitted. You will try him by Witnesses, not by Words; and judge of his Guilt or Innocence, not from what we say within, or others without, but from what shall be sworn here; and if we who prosecute fail in Proof, God forbid the Man should suffer; but if the Facts are proved, surely the Prisoner cannot have any just Claim to your Pity. Other Murders admit of some Circumstances of Palliation, from Provocation, - sudden Rage, - false Notions of Honour, and the like; but if the Man is guilty here, What Compassion can he be entitled to from you, who shewed none to his Fellow-Creatures.

[ Sarah Bland sworn.]

Council. Pray did you know Mary Maurice ?

Bland. Yes, she was the Wife of John Maurice .

Q. Were you taken up at any Time? tell us where, and when.

Bland. Mary Maurice and I were taken up some Time in July, about a quarter of an Hour after Eleven at Night, and carried to St Martin's Round-House .

Q. What did Mr Bird do to you there?

Bland. We had not sat down more than the Space of four or five Minutes in the Fore-Room above Stairs, but Mr Bird came to me, and took me by the Shoulder, and bid me go down Stairs. Said he, Madam, go down these Stairs; and Mary Maurice said to him, let me go along with my Cousin; and she went along with me into the Hole.

Q. How many People were there in the Hole, when you went down there?

Bland. There were about twelve or fourteen People.

Q. How many more were put into the same Place ?

Bland. There were in all about twenty-four.

Bird. I ask Pardon for interrupting. I think the Question asked, is, What Time they were put down into the Hole, for my Life depends upon it.

Bland. It was about a quarter of an Hour after Eleven; and we were kept there till Ten in the Morning; I was vastly hot, and cried out Murder; and so did almost every Body that was there?

Q. What Time was it you found it so hot?

Bland. About one o'Clock; and it was very hot about four o'Clock. I begged for some Water, but Mr Bird made no Answer to that. That Man was there, I believe he was the Beadle, and Mr Bird said he could not stand to talk there.

Bird. Please to take Notice, there was an Answer made her by the Beadle.

Court. No, she does not say any such thing.

Bland. I begged for a little Air, and in order to get some, I told Mr Bird there was a Woman in Labour, and that some were in Fits, and that there were two a dying.

Q. What did he say to that?

Bland. He said they might die and be damned.

Bird. What Hour was that?

Bland. I believe it was not five o'Clock in the Morning.

Court. What State of Health was Mary Maurice in, when she went down into the Hole?

Bland. She was very well then; but about four or five o'Clock, she was very light-headed, and said to me, Cousin, let me die, let me die, for God's Sake. She laid her Head upon my Lap for some Time; and her Head dropped off my Lap, she sunk down and I saw her no more afterwards, I was in a Fit myself. There was a Woman came with a Quartern of Gin to some Prisoner there, but I cannot tell who it was for.

Q. What Time was this?

Bland. It was before the Hole was shut up, I believe it was before five o'Clock in the Morning. That the Woman came to the Grate; she had a Quartern-Pot in her Hand; she said there was Gin in the Pot, and that she was going to give it to one of the Prisoners; and Mr Bird, by Force, shoved her away, spilt the Liquor, and broke the Glass. - He called her Bitch, and bid her get away from the Window, so the Woman went away and I never saw her afterwards. Soon after Mr Bird came with a Padlock and padlock'd the Window himself. - It is a Shutter with Iron Bars a-cross, and long Holes cut in it, to let the Light through.

Q. Was it opened before the Watchman broke it open about ten o'Clock in the Morning?

Bland. I do not know that.

Q. What further do you know of this Matter?

Bland. There was Murder and Fire called; there was a Woman brought a Pipe, such as People smoak Tobacco in, and went to the Ale-House and got some Beer, and poured it into the Bowl of the Pipe, and we sucked it through the small End of the Pipe, which was put through the Holes of the Shutter, and some Body came and pushed the Woman and broke the Pipe, so we could not get any more.

Q. You say there was a cry of Murder and Fire, what did no Body come to your Assistance?

Bland. No, no Body. There were four or five in Fits in the Hole, but it being dark I could not tell who were dead and who were alive.

Court. Mr Bird, if you have any Questions to propose to this Witness ask them.

Bird. Please to ask her what Time in the Morning her Kinswoman died, with her Head in her Lap.

Court. She did not say she died with her Head in her Lap.

Bird. I will venture to say she said her Head was in her Lap about two or three o'Clock, and then she died.

Bland. She said, let me lay my Head in your Lap and let me die; but I do not know when she died.

Bird . Sir John, I am more afraid of my Reputation than I am of my Life. - Ask her whether she has not made Oath that Mary Maurice died between two and three o'Clock.

Bland. I never did declare any such Thing.

Bird. Ask her whether the Door or Shutter was shut to murder these People, or only to keep them from being drunk, in order to be carried before that Gentleman [Colonel Deveil ] to answer the High-Constable.

Bland. To be sure he could not be off of knowing our Distress, for he said, Die and be damned; and there was room enough in the House; whether he heard any Complaint or Cry of Murder, or their being afraid of losing their Lives, whether he heard my Voice, or made any Repartee to it, I cannot tell; but I heard his Voice, and saw him come down several Times with Prisoners.

Bird. Did you ever know me to be such a cruel wicked Dog, as to kill five or six of your Sex?

Bland. No, I cannot say that.

Bird. I should be a cruel Dog if I had.

Bland. He might have relieved us, for there was Room in the House; there was an old Woman who gave him Six-pence not to be locked down with us, what her Name is I cannot tell.

Q. How many Rooms were there?

Bland. There were three Rooms in all, that I saw; there is another Hole besides this, for the Men.

Jury. Were those Rooms full?

Bland. They were not full. There were some that paid for their Beds?

Bird. Who paid for their Beds?

Bland. I do not know who they were.

Bird. Do you know of one Amey's striking and assaulting me, and knocking my Candle out of my Hand? Speak plainly, speak the Truth.

Bland. This Elizabeth Amey , insisted on going up Stairs to pay her Reckoning, and Mr Bird gave her a Push and her Cap came off: I did not see any Body strike him; nor do I know any thing of the Candle's being knocked out. - You had a Candle in your Hand.

Bird. Was I drunk or sober?

Bland. I do not know.

Bird. I happen'd to be entirely sober that Night.

Q. You say Mary Maurice went down of her own accord; did she desire to come back again?

Bland. Yes she did; and she cried out for Air and for Water.

Q. Was she brought in by any Officer?

Bland. She was brought in along with me.

Q. What Time did she desire to be let out?

Bland. I believe it was between three and four o'Clock in the Morning.

Q. Do you know of whom she asked to be let out?

Bland . She ask'd Mr Bird, anso did a great many more besides her; and when Mr Bird came down with more Prisoners, she said, For God's sake, Mr Bird, let us have some Air or some Water to relieve us, or take some of us away, and put us in another Place.

Q. What did he say then?

Bland. He said he would give us no relief at all - he did say so indeed, I am sure he said so.

Q. What House was you and Maurice brought from?

Bland. No House at all, we were taken up by the Porto Bello , just by the Round-House.

Q. What sort of a Woman was Mary Maurice , was she short or tall, fat or slender?

Bland. She was of a middling Size, a little inclinable to be Dropsical.

Q. Who put you into the Hole?

Bland. I am certain Mr Bird was the Person who had the Key, opened the Door, and put us down; he took me by the Shoulder and shoved me down Stairs.

Q. Robert Churchman , Do you know a place called the Hole belonging to St Martin's Round-House ?

Churchman. I am a Carpenter; I was sent for to measure it; you go up four Stone Steps into the Round-House, and this Place is below these Steps: The Height of it is six Foot two Inches; the Length and Breadth six Foot six, by six Foot two; the Window is two Foot six, by one Foot six; there are some Iron Bars, but no Glass, there is a Shurter which puts up with three Slits, about a Quarter of an Inch wide, and about 18 Inches long (but I never measured it); there is a Door to the Passage leading to the Hole, and opens into the Hole, two Foot wide, the Door does not go up to the Top by nine Inches or there abouts, and there is another Room for the Men which is eight Foot five, by six Foot three, and there is a Passage nine Foot three by four Foot ten, which leads from the Women's Hole to the Men's Hole; and there is a Door at the Head of the Stairs. - If the Hole had been left open the Prisoners would have been secure by the Door at the Top of the Stairs, but then the Men and the Women might have gone to o another , which is not customary.

[ Robert Bus hel, Beadle of St. Martin's, sworn.]

Q. Do you remember the Time that a Number of Women were brought into the Round-House?

Bushel. Yes; it was the 16th Day of July last.

Q. Do you know what Time any of them began to be brought in?

Bushel. They began to be brought in about eleven o'Clock, and none were brought in after four.

Q. Do you know what Time the Deceased Mary Maurice or Sarah Bland were brought in?

Bushel. No! there were so many of them that I cannot tell their Names. - I was there all Night.

Q. Do you know how many People were put into the Hole that Night?

Bushel. I believe there was about twenty People in all?

Q. Do you remember three Women being put down into the Hole?

Bushel. I was ordered to put three Women into the Hole by the Prisoner at the Bar, it was about five o'Clock in the Morning, before the Constable went away. I opened the Door of the Hole, and saw the Hole was so full that I did not think it reasonable to put any more in: - There is no Lock to it, only two Bolts.

Q. What Condition were the People in then?

Bushel. They seemed to be pretty much crowded, but did not cry out: said I to Mr. Bird, if you put them in you will stifle them; but if you bolt the upper Door, and open the Door of the Hole, there will be room enough for them: Mr Bird ran down pretty hastily, and put them in; and when he came up again, he said, Bushel, I have put them in in a Minute, though you would not put them in.

Q. Did you think there was any Danger in doing it?

Bushel. I did it out of Compassion to these poor Creatures.

Jury. Did you hear any of these poor Creatures cry out for Help?

Bushel. No, I did not indeed; I did not hear any Outcry all Night, and I staid till five o'Clock, though four was our Hour to go away.

Q. Did you hear any cry of Murder?

Bushel. No, I did not, and if there had been any, I must have heard it.

Jury. Did Mr. Bird sit with you.

Bushel. Mr. Bird was pretty much at that End of the Table all the Night.

Q. Did the Prisoner make any Answer when you said they would be stifled.

Bushel. He did not make any Answer.

Bird. My going down then was not to put People in, but to see that they were safe.

Bushel. The Constable of the Night and I went away just about five o'Clock; and just before we went away, he went down three or four Steps; he did not go into the Hole nor into the Passage, but followed Mr. Bird, with his long Staff in his Hand, and Bird went quite down; for that was the Time they were put in.

Q. When you went down, what Sort of Air was there in the Place?

Bushel. There was a little wooden Door opened on the outside of the Round-House next the Street, and that was opened by the Constable's Order before we went away. - There is a Common-Sewer always runs under it.

Bird. I beg the Favour of you to ask him, whether at the Time of my going down, it was not the Care of the Constable; whether it was not at the Constable's Request; and whether I did not say upon the Stairs, What do you bring them down for? I have more than I know what to do with already. And whether Mr. Akins [the Constable] did not say, I will have my House cleared?

Bushel. I cannot say I heard any such Thing.

Q. If the Constable had ordered any such thing, must you not have heard it?

Bushel. I think I must.

Elizabeth Surridge . I was carried to St. Martin's Round-House , between twelve and one, and I staid drinking till about three o'Clock in the Watch-House, up Stairs; then I happened to fall a-sleep by the Fire Side, and Mr. Bird came to me, and said, Come, you Bitch, you shall not sleep here: And then he put me and two other Women into the Hole. - Mr Bird himself put us down.

Q. In what Condition did you find the Place, when you came into it?

Surridge . It was very hot; not fit for so many People to be there.

Q. Was there any Stench there?

Surridge. Yes, there was the Stench of a Necessary-House. - The Door was fastened presently after we were put in.

Q. Did you make any outcries?

Surridge. We desired not to have so many People in the Place; before Mary Wood came down, some of the Prisoners joined to get a Dram; there was a poor Woman brought it in a Bottle, and Bird's Son said, You will all get drunk before Morning, and shut the Window up, to prevent our having a Dram, but he opened it himself again, in about ten Minutes; and it was not a quarter of an Hour before it was shut again. Mr. Bird shut it his own self; he padlocked the Window, and said, Now, you Bitches, you shall not have the Window opened, but die and be damned; and the Window was not opened afterwards, till about ten in the Morning. - This was about six o'Clock. - Some of us sat in our Shifts, one Woman sat naked; for it was so hot, I thought I could not live. We cried out Murder and Fire, and told him there were People in Labour, for there were two Women big with Child. I beat with my Shoe against the Wainscote, and all this would not do, no Body came to us. - I did not see Mr. Bird after he shut the Window up. St. Martin's Clock had struck ten before the Window was opened. I thought every Minute an Hour. Then a Watchman came and opened the Window. I took hold of a Woman's Arm that was dead; said I, Here is one Woman dead, and the rest are a-dying, and they took no Notice of that; but Mr Bird hurried us before the Justice. When I came out of the Place, I drank a Pint of dirty Water myself, and said, For God Almighty's Sake, to Mrs. Bird, give me a little Water, for I am almost perished, and at last she gave me a Pint of fresh Water.

Q. Who was it that was dead?

Surridge. I cannot tell, I did not know any of them.

Q. How many were there dead?

Surridge. Three I can swear to, if not four, - they lay all along, they did not speak.

Q. How do you know they were dead?

Surridge. One of them was Stone-dead, her Face was as black as my Shoe, and the others looked as if they were dead or dying. I said to the People above, that one of the Women was dead, and the rest were a-dying.

Q. Who did you beg Water of?

Surridge. We begged it of People on the outside of the Window, going by. I sent to my Landlady, and she came and offered Money for Mary Wood and me to go out of the Hole; and they said they could not let any Body out, for Mr. Bird was in Bed. We sent for a couple of Pipes, and the People put the small End of the Pipes through the Shutter, and Mary Wood and I sucked Water through the Pipes.

Q. Did any Body else suck Water out of the Pipes?

Surridge. No.

Bird. Look at me, the Law says the Accuser and the Accused shall look Face to Face. [She turned her Face towards him.]

Q. How many People were there in the Hole?

Surridge. There were about twenty People.

Q. How many People will the Place conveniently hold?

Surridge. I believe about eight or nine.

Q. Was there not room enough for a great many People in that Room where you staid till three o'Clock in the Morning?

Surridge. There was room enough for a great many more than were there, and there were People that I could hear walking over Head that were Prisoners; they might have brought a great many Prisoners out of the Hole, and have put them into other Rooms.

Q. Would the Passage between the two Holes hold a great many People?

Surridge. I believe it would hold about seven or eight, and if we had had Liberty of being upon the Stairs, I believe none of us would have been dead.

Bird. I would ask her whether I came in a tyrannical Manner; or only in Subserviency to the Constable? Did not Mr. Bushel go down with me?

Surridge. No indeed he did not.

Jury. Please to ask the Woman whether she heard of any Body's beating the Candle out of Mr Bird's Hand?

Surridge. I did not hear any thing of that.

[Mr Churchman called again.]

Q. Mr Churchman, you have measured this Room; how many Persons will this Room contain, to have reasonable Room without doing them a Prejudice, or their being in danger of their Lives.

Churchman. I believe there is room for twenty People if there was Air let into it, for there are Benches all round for them to sit on.

Bird. I desire this Question to be asked her; whether about five o'Clock, when you went down, there was not a singing or hallowing?

Surridge. There was a Noise of People's talking.

Q. Was there any Rejoicing?

Surridge. It was not a Place to rejoice in, there was no singing that I know of.

Bird. Ask Mr. Bushel if he did not hear singing there?

Bushel. I did not hear any singing, nor any crying out, and I sat where if there had been a cry of any Thing I must have heard it.

Jury. Mr. Bushel, is he reckoned a cruel Man to his Prisoners, or does he treat them with Humanity?

Bushel. He is reckoned to be pretty hasty.

Bird. Answer the Question plainly, am I reckoned cruel?

Court. A merciful Man may be hasty, is he cruel or humane?

Bushel. He is pretty cruel, my Lord.

Q. Mary Cosier , Were you one of the unhappy Persons who were taken up the 15th or 16th of July?

Cosier. I was taken up the 15th between eleven and twelve at Night.

Q. What Place were you carried to?

Cosier. To the Watch-House in St. Martin's.

Q. What Room were you put into?

Cosier. I was put into the Hole directly.

Q. Who put you down?

Cosier. The Man of the Watch-House.

Q. Look round and see whether you know the Person that put you down?

Cosier. It was that Man, the Man with a Paper in his Hand, [That was the Prisoner at the Bar.]

Q. How many People do you reckon were there when you were first put in?

Cosier. I cannot say exactly - there might be about twenty People; the Place was almost full.

Jury. You say it was almost full; how near was it being full?

Cosier. I cannot say how many more it would hold, for I think the Place was full when I went down, but they crowded in more afterwards till four o'Clock in the Morning - It was so dark I could not well tell how many were there; but in the whole I believe there were twenty-seven or twenty-eight.

Q. Was there any Complaint of Heat in the Place?

Cosier. Yes, and we cried out Fire, Murder, for Christ's Sake let us have Water; for the Lord's Sake a little Water, for we are stifled with Heat; I would have given four Shillings for a Gallon of Water.

Q. Did you say so to any Body that came down Stairs from the Round-House?

Cosier. I cannot say that; we cried out as loud as we could cry out; when the Window was open a Woman came and brought her Sister-in-Law a Quartern of Gin, and Bird's Son told his Father; and Bird came out and pushed her down, and shut up the Window of the Hole himself, and said they should have nothing at all.

Q. Did you hear him say so?

Cosier. Yes, I did. - It was between four and five o'Clock in the Morning, and the Window was shut up from that Time till a quarter of an Hour after Ten - it was that Time when I went out.

Q. How were you forced to sit?

Cosier. We were very much crowded, I never have been my self * since: My Thighs were so black I could not tell what to do with them; this Handkerchief was as stiff as Buckram, with Sweat from the Heat of the Place.

* The Witness appeared to be in a weak Condition, and soon after she had given her Evidence fainted away.

Jury. When there was a Quartern of Gin brought to the Window, I desire to know whether she apprehended, that Bird shut up the Window to prevent the bringing them more Gin, or maliciously to do them a Prejudice?

Cosier. I cannot tell that.

Q. Were any of the poor Creatures in Fits?

Cosier. In the Time I was there, there were four or five in Fits, from the Heat of the Place; but Ann Branch , the little crooked Body in the red Cloak, died on this Side of me, about seven o'Clock in the Morning. I held her up as long as I cou'd, for I was very weak myself.

Q. Were there any People lying dead upon the Ground?

Cosier. Yes: But I did not know they were dead; for I strove to awake them, thinking they were a sleep: I was the last that came out alive but three, and I shook two of them to awake them.

Q. How many were found dead when you were let out?

Cosier. Four, Sir.

Q. If that Door had been open that leads to the Stairs, would there have been room enough for you?

Cosier. Yes, I believe there would; I would have given a Shilling for a little Air for half an Hour; about three or four o'Clock in the Morning, one of the Women in the Hole would have given him a Shilling for a Pint of Wine. - She would have given Mr. Bird a Shilling to speak to him, or drink a Pint of Wine with him: He said, Damn you, you Bitch, for your Sake, all shall suffer; then I made Answer, and said, it is hard that all must suffer for one. WhatAnswer he made to that I cannot tell.

Q. How do you know it was him?

Cosier. Because it was at the Time he brought that Woman down, and he had a Candle in his Hand.

Bird. Do not look one upon another, look at that Gentleman.

Q. Did any Body strike that Candle out of his Hand, or put it out?

Cosier. No Body, Sir.

Q. Was the Candle put out?

Cosier. No, Sir.

Q. Have you seen that Woman lately, that would have given him a Shilling?

Cosier. I saw her just now, but I do not know her Name.

[An Officer with a Person named by the Prisoner, were sent with this Witness, for her to bring from among the other Evidences the Woman who offer'd Bird the Shilling, and she returned with Elizabeth Amey .]

Bird. Who were you brought by? for I do not find your Name here [A Paper in his Hand.]

Cosier . I was brought by two Watchmen.

Bird. Was any Body brought with you?

Cosier. No, I was brought by myself. - I was at the Cook's Shop.

Bird. There were none came in singly, but were brought in two and three at a Time.

Q. How were you when you came out of the Hole?

Cosier . I was so thirsty by the Confinement , and Heat of the Place, that I drank four Pints of dirty Water , and then I drank all the Water out of a Tea Kettle which stood in the Corner of the Place; I do not know whether that was clean Water or not; a Gentleman brought three Pails of Water, and I drank three Quarts of that, but I brought it up again.

Q. Elizabeth Amey , Were you taken up at any Time and carried to the Round-House?

Amey. I was taken up about twelve o'Clock at Night; I do not know the Day of the Month; we went up Stairs, and staid there till between two and three in the Morning, we drank three or four Pots of Beer, and some Shrub; I went down into the Hole on my Occasions: Bird followed me down; pulled my Cap off, and beat me with a Key: I cried and screamed, and desired to go up and pay my Reckoning, and he said I should not; the Air, on opening the Door, was as that of an Oven: I complain'd of Drought; and he said we might all stay there and be damned, for he would not let us out; - he said something of Bitches.

Bird. Look at me, Mrs. Amey, see if you know me.

Amey. I do; I know you to be the Person who pulled my Cap off, and beat me with a Key; and said, Die and be damned, that was too good for us. I bid a Shilling for a Quart of Water, and four Shillings for a Gallon of Water, and he would give us none.

Q. Who bid the Money?

Amey. I did myself.

Q. What Time was this?

Amey. It was about four o'Clock.

Q. Who shut the Window up?

Amey. Mr. Bird himself shut up the Window, upon the Account of a Quartern of Gin that was brought there, and the Window was never opened any more.

Q. When the Window was shut up, did he make use of any Expression that you might die and be damned?

Amey. He said he would not open the Window, for we should all get drunk with Gin, and we might die and be damned: I myself offered him a Shilling for a Pint of Wine, if he would let me go up Stairs again; and he said I should have nothing, for I was an insolent saucy Bitch .

Q. Were there any great Outcries?

Amey. Yes: there were Cries as of People in Labour.

Q. Did he hear them?

Amey. He knows very well it was so.

Bird. Ask her what Time the Window was shut up?

Amey. It was about five o'Clock.

Bird. She says it was about five o'Clock, when the Window was shut up: Ask her whether there was any Body there besides me that could hear their Complaints.

Amey . No Body but his Son, I believe; his Son said we were a pack of Bitches, and wanted Gin, and be damned.

Jury. Was there room above Stairs for many more People?

Amey. There was room for a great many more, and in the Hole I really believe there were four or five and Twenty when I went in, and four were brought after: And Mr. Bushel said to Mr. Bird; you had better open the Door, and then there will be room for them, and Mr. Bird said, Damn them, let them make room.

Bird. Did not you assault me and beat the Candle out of my Hand.

Amey. I did not beat the Candle out of his Hand, nor blow it out.

Bird. Did any Body else do it?

Amey. No, no Body else.

[ John Leathes sworn.]

Q. Were you at the Round-House on the 16th of July.

Leathes. I was going by the Round-House between one and two in the Morning, (I do not know whether it was the 16th or not) and hearing there were a great many People taken up, I went in: Mr Bird, the Prisoner at the Bar, was there.

Q. Was you down with the Women there?

Leathes. Yes, I went out of Curiosity to see what Girls were there; for I did not know; but I might know some of them.

Q. Are you sure Bird went down?

Leathes. I am positively'sure he was down; I desired him to let me go down, which he did; but there was none of the Girls I saw, that I knew; they were dirty Creatures.

Q. Did not you tell Bird you had a mind to satisfy your Curiosity?

Leathes. Yes, and I said I would give him a Pint of Beer; and he said stay a little and he would; and he went down with three Prisoners, and I went along with them.

Q. Was there any Stench in the Place?

Leathes. Yes, a very great one; and not being used to such Smells, I thought I should have been suffocated , for I believe if I had staid there five Minutes, I should have dropped down; I told him the Danger these poor unhappy Creatures were in, and that if he put any more in, or let them stay there till Morning, they would be dead; and he said, Let them die and be damned.

Q. Was the Room crowded, or how many might be in it?

Leathes. The Room was very full, but I did not tell the Number of People, for I did not care to stay there long.

Q. Did you hear any Complaints or Cries?

Leathes. I heard a Moaning while I was down, as if some Body was dying: This was between two and three o'Clock. I did not go down at first when I came in; for I waited Mr. Bird's Leisure.

Q. During the Time you were there, did you hear any Cries of Mur der or Fire, or want of Water?

Leathes . No, I did not; nor nothing particular, only he was abusing the Prisoners; cursing one and damning another, and laying out the Law in an arbitrary Manner.

Q. When you were below and heard that low Tone of a Voice, did you ask the Reason of it?

Leathes . No, I did not: I thought some Body might be sick or melancholy.

Q. Did you hear them ask for Water?

Leathes. I heard some of them ask for Water, and one ask'd for Gin.

[ Robert Burns , a Soldier, sworn.]

Q. Were you at the Round-House that Night there was such a Number of People put in there?

Burns. Yes: I was put into the Round-House about one o'Clock in the Morning. I drank and smoak'd with Mr. Bird for about three Hours; and after I had spent my Money, I was put down into the Hole, into the Mens Hole.

Q. How many were there?

Burns . About eight or nine Men. It is just adjoining to the Place where the Women were.

Q. How long did you stay in the Hole?

Burns. I staid from four o'Clock in the Morning till about a quarter after Ten.

Q. How much Money did you spend there?

Burns. I think it was two or three Shillings, I am not certain.

Q. Was that all the Money you had?

Burns. No, I had a Matter of three Guineas and an half in my Pocket.

Q. In whose Company were you?

Burns. There was Mr. Bird, and I think the Constable of the Night.

Q. Was there any Complaints or Cries?

Burns. While I was there, the Women were quarrelling, and making a great deal of Noise; and they were laughing above Stairs; I heard two or three of them were dead.

Q. Who shut the Windows?

Burns. I do not know who shut them. I offered half a Crown several Times to have the Light kept open, which was shut before five. The Women called out Murder, enough to frighten any Christian to hear them. You might have heard them from that Place, almost to Charing-Cross. They called out for Air and Water; and I believe if they had staid there ten Minutes longer, that every Soul of them would have been dead, for they were half of them almost dead when they came out. The Smell was enough to knock one down. I was almost suffocated myself. One of them came up as naked as she was born, - two of them were dead before six o'Clock. While I was above Stairs with Mr. Bird, and smoaking my Pipe, I heard them cry out.

Q. Did you know what they said?

Burns. I did not take any Notice of it then.

Bird. I think you are a Man of Honour and a Christian; What Time did you go down into the Hole, and who put you there?

Burns. It was about four o'Clock in the Morning, and it was by your Order.

Bird. I had nothing to do with it; was not you drove down Stairs headlong, and your Hat knocked off?

Burns. Yes, I was thrown down Stairs, but it was by your Order.

Bird. I did not say any thing of the Serjeant's being sent down. I said if I can get those drunken Fellows down Stairs, you shall all come up again.

Burns. He did not say any such Thing. You told me, you House-keepers maintained us, and such Stuff as that.

Bird. That was when we were talking about military Affairs.

Court. Do you think he was in Liquor?

Burns. Yes, I am sure he was, for he drank a great deal along with me.

Bird. I did not put him down.

Edward Kelk . I live in the King's Mews , next Door to the Round-House.

Q. Do you know any thing of any Cries there, the sixteenth of July in the Morning?

Kelk. I cannot say as to the Day of the Month, because I did not set it down; nor whether it was Morning or not, because I went to Bed at nine o'Clock. I know nothing against the Man. I cannot say I heard much crying out that Night, I have heard more Noise some other Nights. I heard a Noise; they were making Orations, but whether they were rejoicing, or what it was, I could not distinguish.

Q. Did you hear any Thing of Murder or Fire cried out?

Kelk . I did not hear any Thing of Murder or Fire cried out.

Q. George Colclough , What Business are you of?

Colclough . I am a Barber, Perriwig-Maker, and Surgeon.

Q. Were you sent for to bleed any Body at St. Martin's Round-House?

Colclough. Yes; on the 16th of July, at half an Hour after ten, or about eleven in the Morning, I was sent for; the Person that came, said, For God's Sake, Mr. Colclough, come and bleed one who is very ill; I went to the Round-House; when I went down the Stairs, I saw a young Woman lying upon the Ground. I blooded them first who were in the most Danger. One Mr. Perkins was there, said he, Mr. Colclough, shall I come to your Assistance ? I said, there is need enough of it, so he assisted me. There was one of the Women, I believe, had been dead two Hours. When I came to this Woman that I saw first, she was got up to the Ground-Floor. I blooded her, sent for a Chair, and put her into it, and gave her Wine and Water. Then I went and blooded another Woman at the Plough-Door, in the Street, and took others to the Workhouse; and one of those in the Work-house was two Days before she spake to me; one was quite dead when I went in, another was near expiring, and two more died.

Q. What do you think to be the Occasion of their Death?

Colclough . They were suffocated with Heat, and smothered.

Q. Did you know Mary Maurice ?

Colclough. I knew none of them by their Names. - The Heat was enough to kill me, I could hardly hear it. I was wet quite through my Coat , Waistcoat, Shirt, and all, so that I thought I should have died; and I was not there above a Quarter of an Hour: but I thought it my Duty to do what Service I could to my Fellow-Creatures .

Court. How many do you think this Room would contain conveniently?

Colclough. I should think eight enough.

Q. But suppose twenty Persons were to be confined in this Room for an Hour, what would be the Consequence of that?

Colclough. I think, if I was to be confined there an Hour, I must inevitably die.

Q. Do you think if twenty Persons were to be confined in this Place for an Hour together, it would manifestly endanger their Lives?

Colclough. I should think I might live when I came to a little Air.

Court. I wish you would attend to a Question when you are upon your Oath: Do you think if twenty People were confined there for an Hour, they would not be in manifest Danger of their Lives?

Colclough. I think they must be in manifest Danger.

Court. Now you answer the Question.

Bird. I desire to know who sent for him, for it was I that sent.

Colclough . It was Broadbent the Beadle that came for me; I cannot tell who sent him. I saw Mr. Bird very busy a writing, and his Wife vastly concerned.

Bird. Did you see any Thing in my Behaviour that was bad?

Colclough. No: Nothing in particular.

Bird. Did not I send for the Chair.

Colclough. When I asked for the Chair, Bird said he would send for it, but the Chair never came.

Q. What Chair is that?

Colclough. The Work-house Chair; and it did not come till I sent for it a second Time.

Bird. I can prove it came immediately, as soon as the proper Person was sent for it.

[ John Perkins , Surgeon, sworn.]

Q. Did you see any Woman that died in the Round-House, the 16th Day of July in the Morning.

Perkins. On the 16th of July, about 11 o'Clock in the Morning, I was sent for to these unfortunate People. When I came to the Round-House, I saw a Woman in Convulsions. I blooded her. She bled very slow, and was dying; and I think she died in about half an Hour or an Hour. I was told, there were more of these unfortunate People that wanted my Assistance. There were three more in Convulsions in the Hole: One Woman my Servant bled, another Mr. Colclough bled . I gave proper Orders for these People what to take. I was afraid they would have died, but Nature helped , and with a little Assistance they recovered. There were four of them dead in the Bone-House of St. Martin's Church-yard.

Q. As you are a Surgeon, you can give us your Opinion: What do you think to be the Occasion of their Deaths?

Perkins. I believe they were suffocated for want of a due Quantity of Air: Their Faces were bloated, and the Blood was stagnated ; I looked as far as their Breasts , and they were black, and they were so down to their Fingers Ends.

Q. What Colour were their Faces of?

Perkins. Not quite black, but of a livid Colour.

Q. Is that the common Appearance that Persons have who are suffocated for want of a due Quantity of Air?

Perkins. Generally, I believe; but there are some Persons who die a natural Death, that are a little livid. - I was not down in the Hole, but I was willing to do the best I could for the Service of those poor Creatures who were alive, that they said were dying.

Council. In order to ascertain that Mary Maurice was one of the Persons who died in the Hole, I would ask Bland what Clothes she had on.

Q. What Clothes had Mary Maurice on?

Sarah Bland . She had a black Petticoat, and a white Gown like a Bed-gown, it was a long Gown.

[ Elizabeth Surridge called again.]

Q. Did you take any Notice of any body that lay dead in the Hole?

Surridge. When I went down for my Handkerchief, I saw them all lying there; and the Woman that I saw in the Bone-house, was the same that I saw in the Hole; she had a whitish Gown, and a black Petticoat.

John Maurice . I saw my Wife, Mary Maurice , in the Bone-house, the Day the People were carried before the Justice: She had a white-colour'd Gown, a black Petticoat, and red Shoes.

Council. I must trouble a Gentleman I see upon the Bench with one Question. Colonel De Veil, do you know the Prisoner at the Bar.

Colonel De Veil. I know him very well, Sir.

Bird. Can a Man be a Witness that offered to lay five Guineas to one that I should be hanged?

Colonel De Veil. I never said such a Thing in my whole Life. I believe the Gentlemen that appear here upon this Occasion will declare, that I never spoke to one of them, but only sent them the Depositions.

Bird. I have it so here.

Colonel De Veil. At the hazard of my Life I went into the Mob, brought him off and saved his Life.

Bird. That was after you had published it in the News, and made me appear to be as cruel a Dog as ever lived.

Colonel De Veil. Can you prove I put any thing into the News?

Court. Do not interrupt the Evidence, this only tends to confound us.

Council. I would ask Colonel De Veil whether he has ever given this Man any Directions with respect to the Prisoners that are committed to his Charge before this happened?

Colonel De Veil. I sent for him twice to let him know the Complaints that were made against him for putting People into that Hole, who were not Felons; for I always apprehended that Place was only fit for People who were refractory, and for Felons, I only thought it fit for such People: - He never sent me Word of any Bodies being dead in his Round-House: I had examined thirteen People before I knew any thing of the Matter, and when I knew how they were I discharged them immediately ; and I did not know but some of the People who were in my Yard might have died there; I believe it was about twelve o'Clock.

Bird. Do not go to save your Reputation at the Expence of my Life, but be upon Honour.

Colonel De Veil. I had sent out a Warrant; the Warrant was to be returned at eight o'Clock in the Morning. I examined thirteen Prisoners before I knew of any Thing that had happened in the Round-House.

Q. How long may it be from the Time of your giving him those Directions and this thing happening?

Colonel De Veil. It might be half a Year between the Time of my giving him that Caution and this thing happening?

Bird. My Lord, I am very unhappy in having my Papers destroyed: I was in hopes I should have found them: I do acknowledge I had two Summons's from him, one of them was to know why I discharged two Persons, without Orders from him, for cursing the King; and the other to know why I did not quarter two Soldiers, when I never had any Licence.

Court. You hear what he says, is it so?

Colonel De Veil. Upon my Oath I sent for him twice to check him for that very Thing I have mentioned: I do not know whether it was by written Summons's, or whether I sent for him by a Message.

Bird. If he had sent for me I should out of Complaisance have gone, for I never was afraid of any Thing.

Court. They have gone through the Evidence for the Prosecution, and now it is your turn to offer what you have to say in your Defence; do not hurry yourself, and I hope every one that is within hearing will consider a Man, that stands upon Trial for his Life, and I should be injurious to the Person who is the Prisoner at the Bar, if I should not turn every Body out of Court who will not be silent.

Bird. My Lord, and Gentlemen of the Jury; I am the Person who is so unhappy as to be indicted here for Murder; I had but seven Witnesses, one of which is in the Hospital, in a Salivation; and Bushel, who is the principal, has sworn himself out of it.

[ Elizabeth Beaumont sworn.]

Q. Where you carried to the Round-House that Night the Women were confined there, and some of them died?

Beaumont . Yes, I was carried there about half an Hour after eleven o'Clock at Night.

Q. Where were you put when you first came in?

Beaumont . Into the Drinking-Room?

Q. How long did you stay in the Drinking-room?

Beaumont . Till five o'Clock in the Morning.

Q. What came of you afterwards?

Beaumont . Those that were in the Drinking-Room were all put down.

Q. Who were in the Drinking-Room?

Beaumont . I cannot justly tell, but the Constable and the Beadle insisted upon putting them all down before they left the House, and they were all put into the Hole, but I was not: Mr. Bird went down to put them in, and I followed him down in order to go in; and he pushed me up again, saying, What Business have you here, I have more than I know what to do with or can shut in; and he came up and left the Door of the Hole open: He said he would not have them stifled under him; for he would not shut the Door; there were five or six came up with me.

Q. How came the rest not to come up?

Beaumont . I cannot tell; Mr. Bird said he could not shut them in; and he said, leave the Door open, and let them be upon the Stairs all Night to give them Room: The Constable of the Night, and the Beadle, insisted on having the House cleared before they went to Bed; or else they said there would be nothing all Night but drinking Gin and smoaking Tobacco: The Constable of the Night, and the Beadle, came up again and said to Mr. Bird, Damn you, I have shut them in, why could not you? Mr. Bird insisted on having the top Door shut, and the under one left open, and said, they could not break through an Iron Door and Stone Walls. I paid for a Bed and went up, and Mr. Bird and his Wife came up and laid down till about nine o'Clock, when they opened the Door.

Q. From the Time of your coming in, did you hear any cry of Fire, or Murder, or Water, or any cry whatsoever?

Beaumont. I did not hear any - about three o'Clock in the Morning, the People above asked for some Water, and had some brought them; I heard none below call for Water.

Q. Where was you?

Beaumont. I was in the upper Room.

Bird. There were none put down till they were forced by the Constable and Beadle, for I would have had them all have staid above; pray ask her, as to the Liquor that was sold that Night, whether there was any till it was at their own request; and that was sent for from a Night-House.

Beaumont. Several Gallons of Beer were sent for, but I do not know from whence it came, but there was no other Liquor.

Bird. Where did I sit?

Beaumont. He sat next to the Constable of the Night.

Bird. Did I oblige any People to send for Liquor?

Beaumont . No, Mr. Bird said he did not desire them to send for any.

Jury. Did you pay any Money to Mr. Bird for staying above, and having the Use of the upper Room?

Beaumont . No, I had no Money.

Jury. Did you promise any?

Beaumont . No, I did not.

Q. Did you go into Bed?

Beaumont. No, I did not go into Bed.

[On the cross Examination.]

Q. How came it that you had this Liberty more than any Body else?

Beaumont . There were several Gentlemen above Stairs, who were Officers of the Parish, that desired I might not go down into the Hole.

Q. Were there any that desired to be kept above Stairs?

Beaumont . No, I did not hear any.

[Mrs. Amey was going to speak; says Bird, Pray, Mrs. Amey hold your Tongue, I shall show your Character by and by.]

Q. Was Busbel there.

Beaumont. Busbel was there , but he was very drunk.

Q. Are you sure the Constable of the Night and the Beadle went down with the Prisoners?

Beaumont. Yes, I am.

Q. What Time was that?

Beaumont. It was about 5 o'Clock, and they went away immediately.

Q. Who made use of that Expression, Why could not you do it as well as I?

Beaumont. It was the Constable of the Night, or the Beadle, and not Mr. Bird.

Q. Mr. Bushel, do you remember this Woman's being there?

Bushel. She was not there when the Constable of the Night went away; she was gone to Bed: She was not down at five o'Clock.

Jury. Mr. Bushel, were you not in Liquor? -

Bushel. I was as sober as I am now.

Q. How near was the Room she went to Bed in, to that you were in?

Bushel. It was up one pair of Stairs. - I went down a little before they were put down into the Hole; and I told him, I could not put them in. The Constable went down three or four Steps, and Bird went before him; I saw the Constable upon the Stairs all the Time, he went no farther I am sure of it.

Q. I want to know for what Purpose he went down; whether it was to have the House cleared, or what it was for?

Bushel. I believe he went to have them put in.

Bird. Did not Amey knock the Candle out of my Hand?

Beaumont. I did not see any Thing of that: I did hear of the Candle's being put out, but I cannot tell who did it; but the Candle did go out.

Bird. There was no Occasion for another Candle to be brought, if the Candle I had was not out: The Candle was out, and another brought down: You saw that?

Beaumont. I saw the Candle was out, and there was another brought down. Mr. Bird was almost dead among them wi th the Heat and stirring about.

Bird. 'Tis very odd the High-Constable should not come to have let me known what I must do with People.

Council. You say you went up Stairs again with five or six People: Where was Bird then?

Beaumont. Bird followed me close up Stairs.

Q. How came the Constable and Beadle to be so favourable to you, as to let you go up, when they put the others down?

Beaumont. The others did not desire any such Thing. - Those five or six that came up desired to be in the Drinking-Room all Night.

Q. You said before, you desired a Bed, and said you would pay for it, and that was the Reason you were not turned down.

Beaumont. I do not remember that I said any such Thing.

Q. If you did not offer to pay for a Bed any more than the rest, how came that Distinction to be made?

Beaumont. There were some Gentlemen drinking there that desired it. Mary Hammond was brought in with me, but was not put into the Hole.

Q. When he first went down, did he open the Hole-Door?

Beaumont. Yes.

Q. How long was it before the Candle was brought again?

Beaumont. Three or four Minutes.

Q. Was the Door open when the Candle came back?

Beaumont. He stood with the Door in his Hand, and shut the Door when the Candle came down.

Q. Did any of these poor Wretches come out when he opened the Door?

Beaumont. I cannot say that any of them did.

Council. You said before, he left the Door of the Hole unlock'd.

Beaumont. He said he would shut the Stairs-door, and leave the other Door open; but I cannot tell whether he did or not. There was such a Mob about the Window, that Bird's Son came down and told his Father, that they would not have Air; and Mr. Bushel was sent to beat them away.

Council. Why you say, he [Bushel] was drunk.

Beaumont. Yes, so he was.

Court. When the Candle was brought down, could you see how many People there were in the Hole?

Beaumont. No, I could not.

Henry Harris . I am a Watchman in the Strand. On the 15th of July I carried a Woman to the Round-House-Door, for making a Riot in the Street, and Mr. Bird refused to take her in, beause he had too many already; this was between three and four o'Clock.

Q. How long have you known him in this Office?

Harris. I have been a Watchman 12 Months , and have known him all that Time.

Q. Have you heard any Persons give him an ill Character, as a cruel Man?

Harris. No, none but the Women of the Street, and they will speak any thing.

Michael Hayes . I am a Watchman, I went along with Harris, and when we came to the Watch-house Door, Mr. Bird refused to take any more in, for that he had more than he knew what to do with.

Council. So he took who he would, and refused who he would.

Bird. No, Mr. Stracy, No, no.

Thomas Warrington . The sixteenth of July between three and four in the Morning, I brought a Man down to the Round-House, for breaking of Windows, and the Constable and Mr. Busbel discharged him.

Q. How did the Constable and Mr. Busbel behave on this Occasion.

Warrington. They behaved very well for what I could see.

Q. Did you apprehend Bushel to be drunk or sober?

Warrington. I am not a Judge whether he was or was not.

Bird. Answer the Question, do you think he was in Liquor or not?

Warrington. I cannot say whether he was or not. I staid there about half an Hour.

Bird. What Part did I act at that Time?

Warrington. He sat behind the Table: I do not remember what he said.

Bird. Did I oppose the Man's being discharged, or any ways intermeddle?

Warrington. I cannot say any Thing to that, but he did not get off his Seat.

[ John Tilton sworn.]

Bird. Please to examine him, my Lord, what Time of the Night he came, and what Time he went away.

Q. What are you?

Tilton. I am principal Watchman of the Parish of St. Martin's.

Q. What Time did you come to the Round-House, on the 15th or 16th of July?

Tilton. Between ten and eleven o'Clock, the 15th of July, at Night, and staid till five o'Clock in the Morning.

Q. In what Manner did Bird behave during that Time?

Tilton. I did not see any thing amiss in his Behaviour, the Prisoners were brought in pretty fast, and he ordered them down into the Hole.

Bird. Ask him whether I went from behind the Table, for I sat at the Table with the Constable to take the Names of the Prisoners down.

Tilton. He was on the other Side of the Table setting the Prisoners Names down; there being so many Prisoners they were ordered down into the Hole, for we could not keep them in the Room. - He did come from behind the Table two or there Times to order the Prisoners into the Hole.

Q. Did he go into the Hole?

Tilton . I do not know whether he went into the Hole, till between four or five in the Morning.

Court. Who went down to put the Prisoners in, and said, he could not put them in; was it the Prisoner or Bushel ?

Tilton. It was Busbel ; he was ordered by Bird.

Q. What was the Expression Bushel made use of when he came up from the Hole?

Tilton. He said there were so many there already, that he could not put any more in; and the Prisoner afterwards said to Bushel , you could not put them in, but I have put them in, in a Minute.

Q. Did you look upon Bushel to be sober?

Tilton. I believe we were all sober, I saw none of us drunk.

Court. How has he behaved in general to the Prisoners, has he behaved handsomely, or with Cruelty?

Tilton. He always behaved well to them, I have seen him dress them when they came in wounded, and with their Heads broke: And he always endeavoured to make Peace among them, when they have quarrelled.

Q. Did he always use them gently; or was he some Times rigorous?

Tilton. Sometimes one Way, and sometimes another.

Council. What Reason did Busbel give, when he said there was so many in the Hole, that he could not put any more in?

Tilton. He said they would be stifled, if there were more put in, and he would put no more in; and Bird went down and put them in.

Bird. Do you think I would have put these three Persons down, if I thought there had not been room for them? Whether I would have put them in, if I had thought to have murdered or destroyed three or four People.

Tilton. I believe he would not have put them in designedly to destroy them.

Q. Was any thing said by Busbel of giving them more Room?

Tilton. Yes, he said if the Door of the Hole was opened for them to come to the Stairs, there would be more Air; and Bird said, if they were let out, they would let the Men out: The Door at the Head is a single Leaf.

Q. Has he the Character of a Person that uses the People kindly or harshly?

Tilton. He does use them a little cruelly sometimes .

Bird. In what Respect do you mean I use them cruelly? Whether with a Broomstick, or what?

Tilton. Why with his Tongue, my Lord.

Bird. Do not you reckon that it is the Duty of the Beadle, and the Constable of the Night, to put these People there?

Tilton. You had no Occasion to do that, for you took that Business out of our Hands.

Bird. I have not any Business with any of the Prisoners, only with the Constable, to attend him and the Watchmen.

Q. Tilton, When he put these People down, was it by the Direction of the Constable, or did he do it of his own Head?

Tilton. He did it of his own Head: The Constable can't read or write, he knew nothing of the Search.

[ Paul Broadbent sworn.]

Bird. Did I not do what I could for the Relief of the Prisoners when the Door was opened?

Broadbent. He said there were People very ill, and he desired me to go down: This was after I had been with some Prisoners to Colonel De Veil's. When I saw what a Condition they were in, I spoke to a Person to bleed them.

Bird. Did not I send you for Coclough and Frasbury's young Man; and sent you for Spirits, thinking they were fainting; not imagining this would be their Deaths.

Broadbent. He got Drops to revive them, as soon as well could be, and sent me to Coclough and Perkins.

Q. How many died in the Hole.

Broadbent. There were four died in the Hole; one was quite dead when I went down, and three more died in half an Hour, or three quarters of an Hour; there were six in the Hole then: All the four that died were blooded, as well as those two that lived.

Q. What Condition was the Room in; was it not difficult to breathe in?

Broadbent. It was nauseous with the Sweat of the People.

Edmund Thomas . I am one of the Overseers of the Poor. July 16, about eleven o'Clock he told me, he had had a confused Night of it; for the High-Constable had been out with a Search-Warrant, and he had a great Number of Prisoners; and he said some of them were so very ill, that he was afraid they were near expiring, and desired an Order for the Chair of the Work-house: He did not say any of them were expired .

Bird. How did I behave while you was Constable ?

E. Thomas. I served the Office in 1740 and 1741, and during my Year he behaved with Humanity.

Q. I ask you, Sir, whether that is his general Character, his dealing humanely with his Prisoners?

E. Thomas. He is a hasty hot Man.

[ Samuel Attershall , Governor of Bridewell, sworn.]

Attershall. I have seen him five or six Times; he has brought Prisoners to our House. I know nothing of his Character in this Point.

Bird. He is but young in the Place.

John Horseman , the Turnkey and Hemp-Dresser. He has brought Prisoners to our House, and ordered Beds for them.

Jonas Gray . I was Constable about three Years ago. I never knew any harm of him; he was apt to quarrel with his Wife sometimes, and then I would bid him go up Stairs, for I reckoned that House mine. - He behaved well to the Prisoners all my Year, - He treated them with Humanity , and oftentimes gave them Victuals and Drink.

Q. Had you ever 20 Prisoners in that Place at one Time?

Gray. I have had nineteen there at one Time, and kept them there four or five Hours. - The Dean and Chapter of Westminster had ordered all the Beggars to be taken up, and they were put in there. - It was in the hard Frost, and they had strong Beer, Bread and Cheese, and Air. - I would not have kept them there without Refreshment, but I think the Constable ought to send them to the Gate-house , or some other Prison.

Q. Did you see any Person in a white Gown?

Gray. I do not know. I think all their Cloaths were hardly worth 5 s. and I think really they were stifled with drinking of Liquors.

Lewis Quondrean . I have been Constable almost twelve Months. Now and then, when the Prisoner was a little in Liquor, he would make a Noise: but to force his Liquor upon People he never did in my Time, nor trouble himself whether they spent any Money or no.

Bird. Sir John, as you are my Council, I desire to know whether it is necessary to send for the Constable of the Night?

Sir John Strange . I shall take Care of all legal Advantages for you. You may send for him if you will.

Joseph Akins . I was Constable of the Night, when this Accident happened. I went there about eleven o'Clock, and continued there till between four and five in the Morning. I was in the Chair above Stairs all the Time.

Q. Did you write down the Names of the Prisoners?

Akins. I cannot write.

Q. Did you employ any Body to do it for you?

Akins. I employed none, nor asked none. Bird wrote some of them, I do not know whether he wrote them all or no; he was writing before I came in.

Q. How long was it before you went away, that Bird went down into the Hole?

Akins. I do not know any thing of his going quite down into the Hole.

Q. Is it usual to have the House cleared before you go away?

Akins. It is just as he likes his Customers.

Q. You went down into the Hole, What did you go down for?

Akins . When I was going away, I went down two or three Steps into the Hole, with my Staff in my Hand.

Q. For what Purpose did you go down that Step or two?

Jury. My Lord, he seems to be afraid of charging himself.

Q. What Business had you to stand with your Staff there, when the Prisoner went into the Hole.

[The Witness made no Answer .]

Q. Did you stand at the Top of the Stairs before you left the Round-House , to see the Prisoners confined in the Hole?

Akins . The Prisoners were nothing at all to me; I put none down into the Hole.

Q. Do you know of the Beadle's going down with any?

Akins . No: Neither of his going down, or coming up. -

Court. Speak the Truth, there is no body will ask you any Questions to charge yourself.

Q. Did you see the Beadle go down with any People?

Akins . No, I did not see him go down. Mr. Bushel the Beadle said, There was not Room enough. I cannot say whether Bird went down to the Bottom or no. - He said he had done what Bushel could not do.

Jury. As you was there all Night, did you see any ill Usage from Bird to the Prisoners ?

Akins. I did not see any Thing of any Misbehaviour . - He behaved very well. - I never saw him soberer in my Life. - I believe Bushel was sober.

Q. Sir, answer the Question that was put to you, What you stood on the Stairs , going down into the Hole , with your Staff in your Hand for ?

Akins. Why, it was to see whether what Bushel said could not be done, could be done.

Jury. Did you hear the Cries of the Women in the Hole?

Akins . No, I did not hear any; there was Singing either among the Men or Women, but which I cannot tell: We had more Noise above to drown that below. - I did not see any Gin, or any strong Liquors carried down.

John Howard . I have known the Prisoner almost ever since he was born: I have employed him in writing, and always took him to be a good natured Man, but he is hasty and passionate; - but not cruel or ill-natured.

Ann Mables . I have known him nine Years. When I heard of this Accident, I never was so shocked in my Life; for I always knew him to be a good-natur'd Man, and never knew him to be guilty of a cruel Action.

Ann Catherine Bret , Widow of the late Governor of Bridewell. I have known him three Quarters of a Year, and he always behaved handsomely to the Prisoners, when he has brought any to our House - and sometimes gave them Money .

German Merchant. I have known him ten Years; and he has been often benevolent to the Prisoners, and used them well.

John Ellis . I have known him near twenty Years, and his Father before him; I never heard any Thing amiss of him.

Mark Coney . I have known the Prisoner four Years. I never saw any Thing but that his Temper was very well. I served Constable last Year, he behaved very well, unless he was a little in Liquor, and then I used to bid him go out of the House. - He behaved very well to the Prisoners.

Mark Hodgson . I have known him three Years. I served the Office of Constable last Year, and his Behaviour was always very civil to the Prisoners, and he has given distressed Prisoners Money to relieve them.

The Evidence being gone through, it was observed by the Court, on Behalf of the Prisoner, that the first Part of the Charge, viz. his forcing, putting, and placing her in this Hole, was so far from being prov'd , that the contrary appear'd on Evidence; and they doubted, whether it being so laid, it was not become necessary to be proved. It was said on the Part of the Crown, that if in the first Instance she was not forced, yet from the Time she cried out for Relief, and desired they might be thinned or let out, the continuing her there was a forcible Consinement; and the continuing her there, knowing the Danger she was in, may make that a Force upon her, ab initio: but that as this particular Fact need not have been laid, there is no Necessity to prove it. For this purpose was cited 2 Hawkins, Chap. 46. Sect. 41. Also Mackalley's Case, in killing a Serjeant in London, on a Special Verdict found at the Old Bailey, December 5, 1610, which was said to be a Case in Point. [The first Exception to which Verdict was, that there was a material Variance betwixt the Indictment and the Verdict, for the Indictment supposed that the Sheriff had made a Precept to the Serjeant at Mace to arrest the Defendant, and by the Verdict it appeared that there was not any such Precept made, so that the Indictment being Special, to make that Offence Murder by Construction of Law upon the Special Matter without any Malice prepense, ought to be pursued, and proved in Evidence, which was not done in that Case, for the Jury did not find the said Special Matter, but the contrary; and because the Jurors had not found the Special Matter contained in the Indictment, but other Matter, Judgment could not be given against the Prisoner upon that Indictment. To which it was answered, and in the End resolv'd by all the Judges of England, that there was sufficient Matter contained in the Indictment, upon which the Court ought to give Judgment of Death against the Prisoner, notwithstanding the said Variance. And he was executed, 9 Rep. 62 - 70.]

Upon the Whole, the Jury found the Verdict Special to the following Effect, viz. We find that William Bird , the Person indicted, on the 15th and 16th of July last, was Keeper of St Martin's Round-House in Middlesex. And that Mary, the Wife of John Maurice , in the Indictment named, was duly committed on the same 16th of July, to the said Keeper, to be there kept in safe Custody. And we further find, that while the said Mary Maurice was in Custody of the said Keeper as aforesaid, one Sarah Bland , who was then also in the Custody of the said William Bird , as Keeper aforesaid, was on the same 16th Day of July, about the Hour of two in the Morning of the same Day, forced, put, and placed, by the said William Bird , in a certain close Room, called the Hole, then being Part of the Building, called St Martin's Round-House. And we further find, that the said Mary Maurice then desired the said William Bird , that she might go down into the said Hole along with the said Sarah Bland ; and that she did accordingly go with the said Sarah Bland into the said Hole. And we further find, that the said Mary Maurice, soon after she was in the said Hole, as aforesaid, did request the said William Bird to be released out of the said Hole. But we further find, that on the same 16th Day of July, the said. William Bird, notwithstanding such Request of the said Mary Maurice, to be released out of the said close Room, called the Hole, as aforesaid, did continue and confine the said Mary Maurice, being so in the Hole as aforesaid, for the Space of two Hours, against the Will and Consent of her the said Mary Maurice, during all which Time there were twenty other Persons confined as Prisoners by the said William Bird, in the same close Room, as in the said Indictment is alledged. And we further find, that the said close Room, during the Time aforesaid, was not of sufficient Largeness to confine twenty Persons therein, for the Space of one Hour, without manifest Danger of their Lives, as in the said indictment is also alledged. And we further find, that by Reason of the said continuing and confining her the said Mary, by the said William Bird, in Form aforesaid, in the said close Room, she, the said Mary, during the said Time of her Confinement as aforesaid, viz. on the said 16th Day of July in the close Room aforesaid, was suffocated, and that she there died, during the Time of her said Confinement, of such Suffocation, as in the said Indictment is also alledged. But we find that the said William Bird did not force, put, or place the said Mary Maurice, into the said close Room, called the Hole, as in the said Indictment is also alledged: We find all other Matters and Circumstances necessary for bringing the Point in Issue before the Court; But whether the said William Bird is guilty of the Felony and Murder in the said Indictment supposed, we know not. But if upon the Whole, &c.*

* William Bird was likewise arraigned on an Indictment, for the Murder of Phillis Wells , Spinster. And also on another Indictment, for the Murder of Ann Branch , Spinster; both which Trials were put off to the next Sessions.

103. Jane Wood was indicted for stealing 13 Guineas, and 7 Shillings in Money, in the Dwelling-house of Samuel Windsor , and his Property, September the 4th .

Samuel Windsor . I lost a Sum of Money out of my Drawer last Saturday in the Afternoon; about 10 Guineas, how much more I cannot say: The Money was in a Drawer, in the one Pair of Stairs Room backward. I did not miss it till five o'Clock on Monday Morning. I live at the George in Broad St Giles's : The Prisoner used to come to my House to play with a Child of mine; there was no Body up Stairs that Day but that Girl; and she owned to the Constable, in my Presence, that she took eight Guineas and some Silver out of my Drawer, on Saturday in the Afternoon, and that she took five Guineas from me two or three Months before; which Money I missed, but did not know she took it

Q. Did you give her any Hopes or Promise of Favour if she would confess?

Samuel Windsor . I told her if she would tell me of any Body that were her Accomplices, I would be as favourable as ever I could; she said she had no Accomplice, but that she gave her Mother one half Guinea of it to pay her Rent; and had seven Guineas of it in her Box: Colonel De Veil ordered the Constable to go with me and the Girl, which I did; she unlock'd the Box, and took out six Guineas, and gave them into my Hand; I deliver'd them to Colonel De Veil, she owned these were my Guineas; she gave me a Pair of Buckles, and a Pair of Ear-rings, and said she had bought them with the five Guineas she took from me before, and delivered up some Clothes.

John Harris , the Constable that served the Warrant . She told me she took eight Guineas and some Silver out of the Drawers, that she found the Keys on the Drawers; and laid them there again.

Windsor. I did not know any Harm of the Girl before now.

John Hastings . I have known the Prisoner from an Infant, and never knew any Harm of her; she is very ignorant, but was always reputed an honest, Girl: She was frightened into Fits some Years ago, by some Soldiers coming into the House, which took away her Senses ; I got her into the Infirmary at Westminster, and she was sometime there before she was cured: I am a Gold-smith at Charing-Cross , her Father worked for me, and she used to bring things backward and forward, and I never found her dishonest. Guilty, Death .[The Jury recommended her to the Favour of the Court.]

104. George Lord , of Alhallows-Barking , was indicted for stealing one Pound of Tobacco, val. 6 d. the Goods of John Philpot . Acquitted .

105. Mary Vowel was indicted for stealing one Brass Candlestick, one Brass Tinderbox , the Goods of Bennet Dickerson , August 30 . Guilty 10 d.

[Transportation. See summary.]

106. Mary Neale , otherwise Jerry , * was indicted for stealing four Sides of Bacon, val. 4 l. 10 s. and one Gammon of Bacon, val. 4 s. the Property of Elizabeth Stephens , November 27 . [ No Prosecutor appearing she was acquitted .

* She was tried last Sessions for the Murder of William Huffey , in a House on Tower-Hill, and acquitted. See her Trial, No. 22.

107. Elizabeth Bont was indicted for stealing a small Bundle of Things to the value of 4 s. the Goods of Susannah Delony , July 27 .

Martha Bond . The 27th of July there was a Bundle of Goods left in my Care, and they were gone I cannot tell how.

Susanna Delony . The 27th of July I left my Things with Mrs. Bond, when I asked her for them, she said they were upon the Dresser in the Kitchen; a Gentlewoman came and said, Mrs. Bond, have you not been robbed, no, said she; but you have said she, and the Thief is in my House; I said, I am afraid these are my Things, I said to the Prisoner, Pray let me have my Things; said she, Damn you, you Bitch, give you your Things, and struck me and beat me with a Cribbidge-Board ; a Boy said he took them out of the House, and his Aunt sent him in for them.

[ William Bingham called]

Q. How old are you?

William Bingham . I do not know my right Age; but I am told I am near Twelve.

Q. Do you know the Nature of an Oath?

Bingham. No, but the Justice told me, if I swore falsely I should go to Hell. [The Court did not admit him to be sworn. Acquitted .

108. Mary Fry , of St James's Westminster , was indicted for stealing 4 Cambrick Handkerchiefs, val. 10 d. one Quilted Petticoat, val. 25 s. a quarter of an Ounce of Thread, value three Farthings, and three Needles, value one Farthing , the Goods of Mary Richardson , August 20 . Acquitted .

109, 110. George Chaloner and Richard Mason , of St Mary Whitechapel , were indicted for stealing a Hat and Wigg, value 2 s. and 6 d. the Property of William Sanders , July the 12th . Acquitted .

111. John Morell , of St Paul Shadwell , was indicted, for that he, on the second Day of August, in the sixteenth Year of his Majesty's Reign , with Force and Arms, assaulted, hindered, opposed, and obstructed Henry Messenger , one of his Majesty's Officers in the Port of London, in the Execution of the said Office, against the Form of the Statute in this Case made and provided .

Henry Messenger deposed: That he was on Board the Ship called the Blessing, August the second, at Ratcliff Cross, in the Port of London , about eleven at Night, he saw a Boat come along Side the Vessel, which gave him a Suspicion that something was to be done, and laid his Hand upon Half an Ancher of Brandy; and then another; that he seized them, and no Man obstructed him. A Man came and struck him on the Shoulder, or pushed him violently, and struck him Head-foremost down the Ladder into the Stearage, followed him and beat him, and struck him several Blows; and he took half an Anchor and run away with it; that John Morell the Prisoner beat him, and said he was Captain of the Ship; that he [Morell] was Boatswain of the Ship, Blessing; that the Sailors must know him to be an Officer, because they call them Partners, but he did not know whether Morell was present when the Custom-house-Officers came on Board; that he is sure this is the Man that abused and assaulted him, and that he must know him to be an Officer, because he had suffered him to carry some little Things on Shore.

William Walls deposed: That he was a Tidesman on Board the Ship, Blessing: That he saw his Partner, Messenger, fall Neck and Heels down the Steerage, and saw a Man follow him, and saw him strike Messenger two or three Blows. That his Partner, Messenger, call'd out, What will you stay and see me murdered; and that then he turned out as fast as he could. That when he came into the Forecastle, he laid his Hands upon a Man's Legs or Thighs, and asked him, What Business he had there? He said, Damn your Blood, I am Captain of the Ship, What Business have you with me? That he (Watts) said to him, be you the Devil, I will hold you if I can; that he said to his Partner, Messenger, here's one of them. That then his Partner came to his Assistance; that before he came, he struck him three or four Blows on the Belly. That John Morell , the Prisoner at the Bar, is the Man. That they had no Occasion to declare they were Officers, for all the Ship's Company knew it. That Morell was Boatswain of the Ship, and came up from Gravesend with them. That they never show them their Deputations - That there was another Man came into the Forecastle with a Handspike, and struck at Messenger, and then they cried out Murder, and had Assistance from other Ships; three from one Ship, and one from another.

Jonathan Bonner deposed: That hearing a Cry of Murder on Board the Ship, Blessing, they went on board her off the Forecastle into the Windlace, and from thence to the Main Deck; and before the Windlace they found Messenger had hold of the Prisoner at the Bar, and that Messenger kept his hold, till he, Bonner, laid hold of him, with the Assistance of the Rest of the Officers, and they carried him into the Cabbin, and continued with him all Night, and the next Day, till he was brought before Justice Dennet; and that the Prisoner at the Bar is the very Man: And that it can be no Secret to the Sailors that they are Officers when they go on Board, for they are always called by the Name of Partners.

Jonathan Crockson , another Officer, deposed to the same Effect. But the Jury, thinking it was incumbent upon them to prove, that they had informed the Prisoner that they were Officers, (which they had not) he was acquitted .

The Trials being over, the Court proceeded to give Judgment as follows.

Received Sentence of Death, 11.

George Anderson

John Cooper

Will. Edwards

Henry Hinton

John Jennings

Matt. Mooney

Christ. Peterson

John Squire

Richard Studdin

Edward White

Jane Wood .

Burnt in the Hand, 3.

Thomas Griffiths

Thomas Hooper

Elias Veesing.

Transportation, 14.

John Bloxom

Catherine Davis

Susannah Eames

Susannah Herd

Marg. Hutchins

Martha Johnson

John Lambert

Mary Marlow

Jane Miller

Eliz. Sheelds

Mary Staples

Mary Vowell

Caleb Walker

Dorothy Wood.