Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 August 2014), September 1743 (17430907).

Old Bailey Proceedings, 7th September 1743.

THE PROCEEDINGS ON THE KING'S Commissions of the PEACE, and Oyer and Terminer, HELD FOR THE CITY of LONDON, AND County of MIDDLESEX, AT

JUSTICE-HALL in the Old-Bailey, on WEDNESDAY September 7, THURSDAY 8, FRIDAY 9, SATURDAY 10, and MONDAY 12.

In the 17th Year of His MAJESTY'S Reign.

BEING THE Seventh SESSIONS in the MAYORALTY OF THE

Right Hon. Robert Willimott , Esq;

LORD-MAYOR of the CITY of LONDON.

NUMBER VII.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-Noster-Row. 1743.

[Price Six-pence.]

THE PROCEEDINGS ON THE King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.

BEFORE the Right Honourable ROBERT WILLIMOTT , Esq; Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES, Mr Justice DENISON, Mr Serjeant URLIN, Recorder, 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.

John Harvey ,

Henry Cook ,

Samuel Squire ,

William Davis ,

Jeremiah Wheat ,

Charles Sherburne ,

Joseph Malpas ,

Thomas Lupton ,

William Hornblower ,

Solomon Pelliter ,

John Bundy ,

Thomas Smith ,

Middlesex Jury.

Benjamin Goodwin ,

Thomas Boone ,

William Foster ,

William Thoyts ,

William Steele ,

John Carter ,

Edward Gatlon ,

Jeremiah Oseland ,

Enoch Grigg ,

Arthur Granger ,

Edward Grange ,

Edward Curtis .

368. Charles Maddison , of St Paul Covent-Garden , was indicted for stealing a Diaper Napkin and Cap, the Goods of Ann Richardson ; two Napkins, the Goods of Charles Donsur ; and one Damask Clout , the Goods of William Meredith .

James Ford . The 3d of August the Prisoner came into my Mistress's Shop, under Pretence of pledging some Stockings; my Master suspecting the Prisoner, followed and took him on the Outside of the Shop Door in the Passage, with two Parcels in his Hand and one at his Feet; they were Goods that were pledged to us by different Persons; my Master asked him how he came by them, he said, he found them on the Ground in the Shop; but before the Justice, he said, they sell off the Shelf to him. Acquitted .

369. + Susannah Hartshorn , of St Mary le Bone , was indicted for stealing one Piece of Foreign Gold Coin, value 3 l. 12 s. three Pieces ditto, 36 l. each, value 5 l. 8 s. the Money of William Gough , in his Dwelling-House .

William Gough . I keep a Publick-House at Mary-bone ; the Prisoner was my Servant ; I missed the Money the 27th of July : I had put it in a Bag in a Box, which was locked up in a Closet; when I opened the Closet Door, I found the Box had been wrenched open, and this Money was gone; there was about 50 l. in the Bag, and the Bag was turned upside down; I took no Notice of it then, but sat up all Night, for fear she should go off in the Night; the next Morning I examined her, with relation to the Box being open, and the Money; she denied that she knew any thing of it; but being further examined, she acknowledged the Money was in the Copper hole in the Wash-house, and the Money was found there, and delivered to the Constable; it was sealed up before the Justice; she was asked who put it into her Head to take it, she said, no body but the Devil; she owned she wrenched the Box open with a Knife.

Isaac Sweetman . The Prisoner went up Stairs, I followed her, and told her, I would have her acquaint her Master what she had done with the Money; and, she said, if he Master would forgive her she would give him the Money; accordingly I came down with her, and went with her into the Wash-house in the back Yard, and there the Money was tied up in an old Glove, and hid about three or four Inches under Ground, under the Copper-hole; there were 4 or 5 s. in Silver, but that was not the Property of her Master; when she acknowledged the taking of it to me, she said, she hoped her Master would forgive her; I said, I could not say any thing to it; she said, she wrenched the Box open with a Case-Knife.

James Capps . Constable: I was sent for to Mr Gough's House to take up the Prisoner with a Warrant for threatning his Life, not for stealing of the Money, the Girl was charged with stealing the Money, and deny'd it; she went up Stairs to clean herself, and I desired this Man to go along with her; when she came down again, she cried in a lamentable Manner, and said, if her Master would forgive her, she would produce the Money; and then went into the Wash-house, and shewed me where it was under the Copper-hole; when she came before the Justice she confessed the Thing, and beheved it was the Devil put it into her Head.

Prisoner. I had lived Servant with my Master about Ten Days, and he used to follow me up and down. Stairs all Hours of the Day, and offered me Money, and I would not take it; and he put upon me so much at last that I did take the Money; this is the Money be gave me. - I do not know what Pieces there were.

The Prosecutor being asked, whether he did not give her this Money for Favours. he said he never offered, or gave her any such thing. Guilty 39 s.

[Transportation. See summary.]

370. + Jacob Chapman was indicted for stealing a Cotton Gown unfinished, value 12 s. the Goods of Robert Leman , in the Shop of Susannah Buck , Aug. 18 .

Susan Buck . I keep a Haberdashers, and Stuff-Shop in Grays-Inn-Lane , and am a Mantua Maker; this Gown lay in the Shop Window, and on the 18th of August, about Nine in the Evening. I saw somebody snatch the Gown out of the Window, but I cannot swear it was the Prisoner.

William Coleby . Just as the Clock struck Nine at Night, my Wife and I were going along Grays-Inn-Lane; there was a Cry of Stop Thief, I turned about, and saw the Prisoner with something under his Arm, which I took to be a Table Cloth, and saw him drop it; he ran into Holborn Court, and he was stopped, and brought back. He would have made himself an Evidence.

Mary Coleby . My Husband and I were going along Grays-Inn-Lane, there was a Lad running by with something whitish under his Arm. I am very positively sure that it was the Prisoner, and I could know him from a Thousand.

Thomas Miller , the Constable, proved it to be the Gown which was delivered him before the Justice, and was sworn to by Mrs Buck. * Guilty 4 s. 10 d.

* Tho' this Fact was so laid in the Indictment as to some within the Statute, to exempt the Prisoner from Clergy, in Favour of Life, such Statutes are construed strictly; and in this Case of Shop-lifting, it has all held, the Felony must be of such Goods are are usually sold in such Shop; This Gown was not there therefore the Prisoner would not have been capitaliy convicted, though the Value had been proved as laid in the Indictment.

[Transportation. See summary.]

371. Ann Haskins , of Christ-Church , was indicted for stealing a Looking Glass, Value 5 s a Scarlet Cloak, value 3 s. and a Legborn Hat, value 18 d. the Goods of John Gostelow .

John Gostelow . July the 9th , I saw the Prisoner in my Kitchen, the Door was locked, and she got in by a false Key; said I to her, so Madam, I have caught you now: These five Keys were taken out of her Bosom, and this Key was in my Kitchen-door; the Keys do not belong to me.

Eleanor Gostelow . I saw the Prisoner in the Kitchen, she had set the Looking Glass, &c. on the Ground, and stood before to conceal them with her Coats. I turned her Coats on one Side, said I, how came you by these Things, she said, they were her own. I told her, they were mine; the Keys that were found upon her were not mine. - She had taken the Glass down from the Place where it hung. and set it against the Wall.

Ann Nutting and William Sheppard , confirmed the former Evidence. Guilty .

[Transportation. See summary.]

372. Ann Powell , of St Martins in the Fields , was indicted for stealing a Cloth Cloak, value 10 s. the Goods of Robert Debanks , Aug. 29 .

Elizabeth Debanks . The Prisoner had lodged in the same House with me two Nights, and I lost my Cloak from under the Bed in my Chamber: She owned before the Justice, that she took it from under my Bed, and had pawned it at Mr Stringer's, in Drury Lane.

Robert Debanks . She said she had taken my Wife's Cloak from under the Bed, and pawned it.

John Pearce . When the Constable came to search at Stringer's for the Cloak, it could not be found, and she would have made an Affidavit that it was there: she pawned it for 2 s. 6 d. She said her Brother would come, and make it up with Debanks. Acquitted .

373. + William Earl , otherwise Day , of St Mary Le Strand , was indicted for stealing 13 Yards and three Quarter of Mecklin Lace value 5 l. the Goods of Arabella Morris , in her Dwelling House .

Arabella Morris : I live over-against the New Church in the Strand. On the 11th of August between three and four in the Afternoon, the Prisoner came to my Shop, and asked if the Gentlewoman was within; my Man said yes, and brought him to the Parlour where I keep the Lace. - He said he had an Order out of the Country, for seven Yards of Mecklin Lace; I asked him what Price he would go to, he said about 12 s. a Yard. I asked him, what Breadth he would have it, and he said about an Inch; then I took out a Box of Lace, and shewed him two Pieces, one of 14 s. per Yard, and the other Half a Guinea. He gave them to me again and said nothing, I took out another Box, and he put his Hand upon one of 13 s. and then he clapped his Hand upon another, and said, I suppose that is dearer. I told him it was 20 s. per Yard; he bid me Half a Guinea, for what I told him was 13 s. and took up his Hat and Cane, and said, you bad better take my Money, I will give you 11 s. which I could not take, and he went away. I missed the Piece of Lace directly, but I did not know at first but I might have put it into another Box; it happened to be stopped by Mr Paine the Pawnbroker, who was so kind as to bring it to me, and has kept it in his Custody ever since. He did not come as a Dealer in Lace, but as a Sort of a Gentleman. - This is the Piece of Lace that I missed at that Time.

Maltus Paine. On the 11th of August, about three or four in the Afternoon, the Prisoner brought me a Piece of Lace to pledge; I have had some little Dealings with him before, and he has told me he was a Lace Merchant; the Night before this, I happened to have some small Information from a Gentleman who has another Indictment against the Prisoner, that he had lost a Piece of Lace which I had taken in, and that gave me some Suspicion of the Prisoner; that was the Thing that brought this to light, or else I had taken this Piece in from him; for I took him to be a Man of Reputation and Character; he asked me five Guineas upon it; I asked him whose Property it was, he said, it was his own; I said, it is very possible it may be your own; but I am informed that I have a Piece in my Custody that you brought me that is not your own, and I will know whose this is; so I stopped him, and had him before a Justice - he did not make any Confession, he said, he received it from a Perriwig maker that was making Wiggs for him - I believe I should not have lent him five Guineas upon it - he said it was his own, and that he dealt in Lace - he did not seem surprized, he was not under any Confusion - I have made it my Business to enquire after him, and People give him but a very indifferent Character - this is the same Piece I had of the Prisoner.

John Hull . Aug. 11. I went to Mr Paine's Shop the Prisoner was in the Shop, and Mr Paine had this Piece of Lace in his Hand; Mr Paine asked him what he would have upon it; he told him; Mr Paine asked him how he came by it; the Prisoner said, Why do you ask me that Question? I deal in it. Mr Paine said, he must know how he came by it; so Mr Paine charged me with him, and as we were going along, I stopped at my own Door about a Letter, and the Prisoner was gone in a Minute, he run away, and got into Great Russel Street, I cried out stop Thief, and took him again; Now, says Mr Paine, you have spoiled all your Innocency, for you would not have run away if you had been innocent; I asked him where he lived, he said, he had a Lodging in Maiden-Lane Covent-Garden; and he said before the Justice that his Name was William Day ; he said, he was a Perriwig-maker, and that he traffick'd Wigs for Lace.

Prisoner. I never said my Name was Day, for my Name is Earl.

Hull. I went to Mrs Mason's, whose Property I thought it was, and she was not in Town; and on Saturday Mr Paine heard that this was Mrs Morris's Lace.

Prisoner. I had this Lace of a Person whose Name is Day, at Reading in Berkshire, the 1st of May, at the Fair; I r apped Goods for it.

William Fitzgerald . I have known the Prisoner six or seven Years, I have travelled the Countries along with him, he sold Perriwigs (he is a Perriwig-maker) and I sold Stockings and Caps; he had very good Business when he travelled the Countries along with me - I live in Rosemary-Lane - I live in Ayloffe-street now, opposite to the Hand and Pen; I keep a House of 20 l. a Year - I have lived there twelve Months next Michaelmas-Day.

Richard Rivers . I live in Bow-street, Covent-Garden, the Prisoner is a Perriwig-maker, and travels the Country; I never heard a bad Character of him; he used my House very often; he has had Silver Tankards from my House, and has sent them again very honestly.

Thomas Wickers . I live at the Red Gate by the Seven-Dials; I have known him ten Years, and have trusted him in a great many Cases, where he has had Opportunities to wrong me, and I should not very readily have missed any thing, and I always found him honest.

Ann King . I live at the Bottom of Ayloffe-street, in Goodman's-Fields, and deal in Stockings, and travel the Countries with the Prisoner; he has the Character of a very honest Man.

Elizabeth Trevors . I am Servant to Mr Earl, and have been so about three Years; he is a Perriwig-maker and Hosier too; he sells his Goods in the Country, going from one Fair to another - he trafficks one thing for another - he is a very industrious regular Man in his Family.

Ambrose Moore . I am a Marshal's Court Officer; I never knew any thing but that he was an honest Man, and never heard any thing of this Kind laid to his Charge. Guilty 39 s.

374 + William Earl , otherwise Day, was (a second Time) indicted for stealing four Yards and 1/2 of Lace, called Corded Mecklin Lace, value 49 s. the Goods of Richard Mason , in the Dwelling House of Henry Pearce .

Joyce Mason . I have a first Floor in Mr Pearce's House, and deal in Lace; the Prisoner came on the 29th of June, about ten in the Morning, and said he wanted seven Yards of Mecklin Lace, of about 10 s. per Yard; I shewed him one, he said, he would give me Nine; I told him I would take no less than Ten; and that as he seemed not to understand the Value of it, if he paid me the Money, and did not like it afterwards, I would give him the Money again; I opened another Box, and he put his Hand in and took out a Piece; I took the Piece out of his Hand, and said they were above his Price; then he clapped his other Hand, with his Handkerchief in it, upon the Corner of the Box, and I imagine he took the Piece of Lace that way, (I had put the Piece up again that I shewed him) and as he went out he offered me 9 s. 6 d. About an Hour and an half afterwards I missed the Piece of Lace that he stole out of the Box that he put his Hand into; and about three or four Days afterwards I missed five Pieces more, two of six Yards three Quarters, two of six Yards, and two that were but Remnants; then was I dubious, whether some of my Servants had not stole them: I went to Mr Paine's, and told him, I had lost several Pieces of Lace, and he was very ingenuous in shewing me what Laces he had; this is the Piece I had of Mr Paine, the other Piece that I lost then I never had - I am very positive this is my Lace, and that I missed this Piece of Lace the 29th of June: I believe the Lace went all at the same Time, for I never saw the Prisoner since - This is not the Piece that I missed at first - I did not shew this particular Piece of Lace to him - I opened two Boxes of Lace, and this was in one of the Boxes - I missed one Piece out of one Box, and five out of the other - the Night before he came I told my Laces over - I did not tell them over again till three or four Days after he was there.

Maltus Paine. Mrs Mason was at my House, and was telling my Wife of her Misfortune, in losing several Pieces of Lace. I said, I have taken in two Pieces, may be one or both may be your's. I shewed the Lace to her, and she was very positive to this Piece; this Piece I had of the Prisoner. The next Day afterwards he came with another Piece of about thirteen Yards, and then I stopped him and the Lace too. When he brought this Piece of four Yards and an Half, I asked him several Questions, and he gave me such satisfactory Answers, that really I had no Suspicion of him. I lent him a Guinea upon it.

John Hull , the Constable, gave much the same Evidence as in the former Trial, adding, that when Mr Paine charged him with the Prisoner, he said, Why do you stop me, I can bring a great many Persons to my Character, and said he would leave his Goods, and fetch somebody to his Character, but Mr Paine would not let him go, and as I was carrying the Prisoner along, he ran away from me.

Q Did he run bravely?

Hull. He ran most stoutly, and said there were Business running after him, but I took him and carried him before Justice Moore, and then he said his Name was William Day , and that he lived sometimes in Goodman's-Fields, and that his Wife kept a Bagnio, I think, he said, the Turk's-Head. Guilty 39 s.

375. + William Earl , otherwise Day, was (a third Time) indicted for stealing six Yards and 1/2 of Mecklin Lace, value 4 l. 9 s. and seven Yards of English Lace, value 2 l. 9 s. the Goods of John Gubbins , in his Shop .

Mary Sanders . On the 1st of July , between two and three in the Afternoon, the Prisoner came into John Gubbin 's Shop in Catherine-street in the Strand, looked about him, and said, he believed he was right, that he came from two Ladies at Richmond, and asked, if some Time ago I had not sold some Lace to two Ladies that live there, I told him yes; he said, he came from those Ladies; and that they desired Mrs Gubbins to send them seven Yards of Lace, at 10 s. a Yard; my Mistress took out two Boxes of Lace, and shewed him some; he was a great while looking at them, found fault, and said, one was too dear, and made one Excuse or another, at last he hid her 12 s. a Yard for one, that she asked him 16 s. for; she agreed to let him have it at 12 s. He said he had an Acquaintance hard by, that he would go and fetch them to have their Opinion upon it, and would be back again in Half a Quarter of an Hour. He went out of the Shop, and I did not see him any more. Upon putting the Laces into the Box again, I missed two Yards of broad Mecklin Lace, four Yards and a half of another, and seven Yards of English Lace. Some Time after that hearing somebody was taken up for stealing Lace from Mrs. Mason, I went to Col. Deveil , and laid an Information against him. - I saw both the Pieces in the Box the Day before. Guilty 4 s. 10 d.

[Transportation. See summary.]

376 + James Mulberry . of St Michael in Woodstreet , was indicted for stealing a Linnen Handkerchief, value 14 d. the Goods of Henry Plimpton , privately from his Person .

Henry Plimpton . On Tuesday, the 19th of July , I lost a Handkerchief out of my Pocket, in Cheapside , and saw Moses Polock take it out of the Prisoner's Hand.

Moses Polock . The 19th of July, as I was coming from the Exchange, between two and three in the Afternoon, I saw the Prisoner put his Hand into Mr Plimpton's Pocket, and take out a Handkerchief. I called to Mr Plimpton directly; the Prisoner had the Handkerchief in his Hand, I took it from him, and gave it Mr Plimpton. Guilty 10 d.

[Transportation. See summary.]

377. Michael Pennyfeather , of St Sepulchres , was indicted for stealing 2 s. the Money of William Hill , Aug. 10 .

William Hill. The Prisoner was my Servant, and worked for me as a Porter weekly. I suspected that the Prisoner was not honest, so I put 14 s. and two Sixpences into the Till on Purpose to catch him, and concealed myself in the back Part of the Shop, with another with me, and between eight and nine in the Evening, I saw him unlock the Till, and take some Money out, and lock it again; there were two Shillings taken out of the Till. Said I to the Person that was with me, I think we have seen enough. The Prisoner seeing me come out of the back Part of the House, took to his Heels, and ran away.

Thomas Kippax . I marked the Money that was put into the Till, (14 s. and two Sixpences) but a Quarter of an Hour before it was taken out; I saw the Prisoner take out the Drawer, and take some out, and saw it taken out of his Pocket afterwards. This is the same Money. Guilty .

[Transportation. See summary.]

378. Elizabeth Harris , of St Nicholas Olaves , was indicted for stealing ten Pewter Plates, value 5 s. the Goods of John Haughton , June 6 .

John Warren . The Prisoner took ten Plates from Mr Haughton's House. I saw her going out of Doors with them. I laid hold of her Arm, and she dropped them. She owned the taking them, and said it was Poverty drove her to it. Guilty 10 d.

[Whipping. See summary.]

379 + James Hanns was indicted for assaulting Richard Cole on the Highway, putting him Fear, and taking from him a Silver Watch, value 40 s. one Guinea, and 20 s. in Silver , the Property of Richard Cole , July 9 .

Richard Cole . On Saturday the 9th of July, Mr Pearson, and I were going over Hounslow-Heath , in an one Horse Chaise, the Prisoner came up to the Chaise with a Pistol in his Hand, and said to Mr Pearson. I must borrow some Money of you, Mr Pearson not minding what he said, he said again sharply to him, I must borrow some Money of you, whereupon Mr Pearson gave him half a Guinea, and about 3 s. 6 d. in Silver, and then he gave him his Watch - He held the Pistol very high close to Mr Pearson's Ear - The Prisoner was on Horseback - Then the Prisoner said to me, I must have your Money, with that I gave him about eight or nine Shillings first; then he said, You have got a Watch, and I must have that, and accordingly I gave it to him; then he said, put your Hand into your Pocket, for you have more Money, and I must have that; then I gave him a Guinea in Gold, and 12 or 13 s. in Silver. - He cocked his Pistol, and held it towards my Face. There was another Person with him who dropped a black Crape over his Face, and was on the other Side of the Chaise with a Pistol in his Hand, which seemed as if it was cocked; the Prisoner's Face was bare all the Time.

Q. What Time of the Day was it?

Cole. I believe it was better than half an Hour after Five.

Q. Had you ever seen the Prisoner before?

Cole. I believe I have. - I knew him immediately when I saw him afterwards, at the George in Piccadilly, that Day Sev'nnight. - I went there about my Master's Business, and saw the Prisoner in the House. I asked the People of the House if they knew that Man, and they said yes; and I said that Man had robbed me. I then acquainted my Fellow-Sufferer, Mr Pearson, with it, and the next Day we went with the Man who keeps the George to the Prisoner's House: - He keeps a Publick-House, (the Rose and Crown) between Marybone and Paddington, and before Pearson came quite up to his House, seeing the Prisoner standing by the Door, Pearson said, he was sure that was the Man that robbed us we went into the House, and had drank two Pots of Beer with the Prisoner, and had some Pipes and Tobacco, and a Quartern of Brandy, and came out of the House without saying any Thing to him about it, at that Time; the next Morning I got a Warrant from Col. Deveil , and took him up.

Q. When you drank with him, were you sure the Prisoner was the Person that robbed you?

Cole. Yes, I was very sure of it.

Q. Did he seem any ways shy when you were drinking ?

Cole. While we were drinking the first Pot of Beer, I thought he looked a little Shy, and that he looked hard at Mr Pearson.

Prisoner What Time of the Day was it that I was upon Hounslow Heath ?

Cole. I believe better than half an Hour after five in the Evening.

Prisoner. What coloured Coat had I on?

Cole. He had a Surrout Coat, a close bodied Coat, it was a very ordinary thread-bare Coat, with Holes in it, and a narrow brimm'd Hat.

Prisoner. I never had such a Coat.

John Pearson . On Saturday in the Afternoon, July 9. Richard Cole and I were stopped on Hounslow-Heath by the Prisoner, about half an Hour after five in the Evening, he said, I must have a little Money of you before you go any farther; I did not apprehend him at first, for I thought he was only in Joke; the second Time he spoke pretty sharply; I got up in the Chaise with my Whip in my Hand, and had a Mind to have struck him; but seeing another Person, who dropped a Crape over his Face, I kept back; I gave him half a Guinea in Gold and 3 s. 6 d. in Silver, and then my Watch; and my Friend gave him a Guinea, a good Handful of Silver, and his Watch; I said to the Prisoner we are a Couple of Servants came out to take an airing, and I think you have aired us very handsomely: I asked him whether he would not give me something to pay the Turnpike, and he give me a Shilling; I asked him whether he would not give my Companion something, and, he said, he would not; the other said, give him something, and then he gave him a Shilling; the Prisoner said, Now you are richer than we are; I said it was false; for they had got our Money, and we had none of theirs; the Sunday Sev'nnight following, my Mate told me, that he had seen the Man that robbed us, at the George in Piccadilly; we went to the George, and from thence to the Prisoner's House; and before I came to the House, I believe by half the Length of a Field, I saw the Prisoner at his Door, and said, that is the Man that robbed me; says the Man that kept the George in Piccadilly, are you sure of that? I said, I am sure of it, we had some Beer and a Quartern of Brandy - I believe this was about five o'Clock when we got to Hanns's House - That is the very Man that took the Money from me and my Mate, and no body else.

Q. How far is the Seven-Dials from Hounslow?

Pearson. I believe about ten Miles.

Q Do you think a Man can ride that in about half an Hour?

Pearson. According as the Horse is - the Horse was wet with Sweat.

Q. What Colour was the Horse?

Pearson. It was a Sort of a Chesnut.

Q. You say it was better than half an Hour after Five, are you sure it was not turned of Six?

Pearson. It was not.

Q. When you were drinking with him, and knew him to be the Person, why did not you lay hold of him then?

Pearson. Because I would be sure before I got a Warrant to apprehend him.

John Bowles . I live at the Horse and Groom in George-Yard by Grosvenor square, the Prisoner has hired Horses of me several Times; for one Day at a Time, never any longer, and always kept very good Hours - I cannot swear he had a Horse that very Day - I think it was a Sorrel Horse that he had that Day.

Q. to Pearson. Do you know what coloured Horse he was on ?

Pearson. I am not well skilled in Horses - I do not know whether it was a Sorrel or a Chesnut; Mr Bowles said he had a Horse of him, and that he had been upon some secret Expedition.

Q. to Bowles. Had you any Discourse with the Prisoner about that ?

Bowles Then the Prisoner came back again, I said, with you have any thing to drink, he said, he did not came to drink, he had been drinking pretty hard; at this he had a Quartern of Brandy, and said, he believed he had done the Business he went about very well - I believe it was between seven and eight in the Morning when he had the Horse.

Col. Deveil deposed, that he had received an anonymous Letter, in which was a Silver Watch, with the Name Pearson upon it; the Watch was produced by him; and Mr Pearson said, it was the same Watch that he was robbed of the 9th of July on Hounslow-Heath; that it had John Pearson engraved on the Outside, by which he knew it to be his Watch. [ Neither the Letter sent to Col. Deveil , nor another received by Pearson, could be read in Evidence, not being proved to come from the Prisoner.]

Prisoner. I deny the Robbery; I was at Dinner in Short's Gardens that Day, between two and three, and staid till between six and seven in the Evening.

Thomas Newbury . I keep a Publick-House in Short's Garden, by Drury-Lane End; on the 9th of July (it was on a Saturday) the Prisoner came to my House about three o'Clock, we h ad Beans and Bacon for Dinner, he dined with us, and staid till about seven - he brought me half an Anchor of Brandy, I owed him for half an Anchor before, and I paid him 3 l. for both [The Bill of Parcels was produced, one half Anchor the 2d of June, and the other the 9th of July, with a Receipt in full] - It bore Date the same Day the Money was paid - we drank Beer after Dinner, and afterwards Bumbo - we sat in a little Room below Stairs next the Street.

Q. What makes you think it was on a Saturday!

Newbury. By the Receipt - I have no other Reason.

Thomas Burden . I dined with the Prisoner at Mr Newbury's in Short's Gardens the 9th of July, between two and three in the Afternoon, and sat with him till between six and seven, and at that Time the Prisoner took Horse and went away - the Horse was a lightish Bay or Sorrel; I have seen the Man several Times, but I have no intimate Acquaintance with him - I am a Chandler, and live in Peter's-street, Soho.

Q. You say you dined with the Prisoner between two and three, how long did you stay?

Burden. I staid till near seven, we had Beans and Bacon for Dinner - we drank Beer, and Water and Brandy - we sat in a little Room next the Street - there was only the Gentleman at the Bar, Mr Newbury, and his House-keeper.

Mr. Fox. The Prisoner has had several Hampers of Wine of me, and paid me very honestly. I have known him but a little while; the Gentleman that recommended him to me, gave him a good Character. I am acquainted with the Brewer who serves him. and he says he drew a great deal of Beer.

James Stone . I have known the Prisoner about sixteen Years, his general Character was that of a very honest Man; his Father was a considerable Farmer, and the Prisoner rented a Farm of 200 l. a Year. - This is about 16 Years ago. I do not know any thing of his Character now.

William Crow . I have known the Prisoner about four Months, he has dealt with me for spirituous Liquors, and always paid me well.

- Fuller. I have known the Prisoner about a Year, he has lived there about a Year and an Half, and I believe he got a comfortable Living. I know there is Bread to be got, because my Father lived there some Years ago.

Jonathan Freer . I have known the Prisoner about two Years, I believe him to be an honest Man. I served him with Coals, and he always paid me very honestly. I live within Half a Mile of him.

- Graham. I have known the Prisoner ever since he lived at Paddington. I am Foreman to Mr Barret, of Brentford, who is a Master Brick-maker, and Landlord of his House, and I always pay my Men there. I never heard any thing am is of him before; there are about thirty of Mr Barret's Men are obliged to use his House.

Henry Miller . I have known him near two Years, his Character is that of a very honest Man; he has very good Business. I have heard him say he could maintain himself handsomely by it.

Sarah Grange . I have known him about a Year and an half, and he has the Character of a very honest Man.

One of the Prosecutors desired Col. Deveil , to give an Account of the Character of Newbury, (the Prisoner's first Witness) to which he said, He was sorry that he was asked that Question, but he was obliged to declare that Mr Newbury is a Person of a most infamous Character, and not to be believed in any Court in the World. Guilty Death .

380. + He was a second Time indicted for assaulting John Pearson on the Highway, putting him in Fear, and taking from him a Silver Watch, value 40 s. Half a Guinea, and 3 s. 6 d. in Silver , the Property of John Pearson , July 9 .

The Evidence being near the same as on the former, the Jury found him guilty of this Indictment. Death .

381, 382. + Richard Clay , and Robert Peake , of St Michael, Woodstreet , were indicted for breaking and entering the Dwelling House of James Coward , about the Hour of two in the Morning, and stealing two Perriwigs, value 40 s. and two Pair of Shoes, value 8 d. the Goods of James Coward ; and a Hat, value 2 s. 6 d. a Perriwig, value 5 s. and a Cloth Waistcoat, value 6 d. the Goods of John Bonner , and a Cloth Coat, value 7 s. the Goods of Samuel Coker , July 24 .

James Coward . My House was broke open, and the Goods lost out of it, between two and three one Monday Morning.

Richard Coward . The two Prisoners and myself broke open the House. [His Father's House.] - I did not lodge in the House at the Time the Robbery was committed. I lodged at a Place called the Curtain. Richard Clay and I broke off the Bar of the furthest Cellar Window. I pulled off my Coat, Waistcoat, and Shoes, and got into the House, and brought out two Wiggs. I was not willing to go in any more; but they forced me to go in: Robert Peake went into Gutter-Lane to fetch a Candle; then I went in again, opened the Door, and let them all three in, - (the two Prisoners, and Isaacs, a jew, who is not yet taken) and then we took the rest of the Things. - I was an Apprentice to my Father, but I had absconded for a good while; we went out and shut the Window, and went to Richard Clay 's Lodging, between two and three in the Morning, and laid down till between eight and nine, and then went to Rag-Fair, and sold all the Things for nine Shillings, and divided 2 s. 3 d. a-piece.

Q. How came you to be such a wicked Fellow to rob your Father?

Richard Coward . Peake persuaded me to do it several in. - I discovered this the Sunday following, July 31 ) and impeached all three of them.

Robert Hawes . I had been with Clay most Part of the Afternoon, on the 24th of July; he was prodigiously fuddled I cannot say he was fenuble. I saw him home to Bed, after 10 o'Clock. - I do not think it was possible for him to recover himself so as to go upon an Expedition of this Kind.

William Coster , James Grimston , John Haynes , and Mary Bromley , gave Clay the Character of an honest young Fellow.

Mary Coupee says, that Clay is as honest a Person as ever she desires to deal with.

Rebecca Bowland says, she has known Peake ever since he was five Years of Age. James Buckley has known him from his Infancy. Ann Buckley and Jane Purser have known him ever since he was born; and Ann Parsons for 16 Years. They all gave him the Character of a very honest Lad.

John Guest . I knew Peake in his Mother's Womb, and never heard any Ill of him, but always a good Character. Both Acquitted .

383. Richard Clay * was a second Time indicted for stealing twenty one Quart Bottles, full of White Wine, value 20 s. and eighteen large Candles. value 14 d. the Goods of Thomas Wilson , Jul, 26 .

* See Sessions Paper, October 1740. No 459, p. 255.

William Blackhall . I am Cooper to Mr Thomas Wilson ; about six o'Clock in the Morning, July 26, I found Mr Wilson's Vault broke open, and missed 21 Quart Bottles of White-Wine, and eighteen large Cellar Candles.

Abraham Pass (a Jew) about twelve o'Clock on Monday, July 25, Richard Clay and I went down Fenchurch street, and he took a Piece of Iron. lifted a Plank up, went down into a Vault, and took twenty-one Bottles of White Wine; we sold the Wine and the Candles for fifteen Shillings, to one Alvares, a jew in Rag-Fair. - The Prisoner took up the Plank himself, and went down with a dark Lanthorn, and I was on the outside watching. and when he came up, we put the Plank down again. - There was only the Prisoner and I. - I never accused any other Person with this Fact.

Prisoner. Did you never declare, that if the two Jews had not been gone, you would not have impeached me, for that I was entirely innocent?

Pass. No.

Ann Fido . Richard Clay is a Framework-knitter and Cap-maker, I have dealt with his Father and him several Years. I never knew but what he bore an exceeding good Character; I always found him a very honest just Lad.

- Green. I live in Pump-Court by Devonshire-square. On the 25th of July, in the Evening, as I was coming out of Bishopgate street, I overtook the Prisoner, and asked if he had got any Stockings to fit me; he went Home with me, and I bought a Pair of him, and he gave me a Pot of Beer.

Pass. This Woman is his Whore.

- Green. The Prisoner was very much fuddled, and I desired him to stay at my House, and he lay there all Night, so that he could not be guilty of that Thing, for he was with me, the 25th at Night. Pass came to my House the 26th in the Morning, and was married that very Day. I went to Pass's Wedding about ten o'Clock that Morning. Clay was then at my House.

John Chapman . Abraham Pass said, if it was not upon the Account of two more being missing, he would never have troubled his Head with Richard Clay , but he would have done all he could to clear him.

Elizabeth Stiles . Pass said, under his Consinement, that he wished he had never troubled his Head with the Prisoner, for he never had any Concern with him in his Life.

Susannah Herne , said the same; and

Aaron Polock said, that he was asking Pass concerning his Robberies, and, he said, he never got a Penny with Richard Clay in his Life. Acquitted .

384. Samuel Cullin was indicted for stealing one Linnen Shirt, value 5 s. and a Silk Handkerchief, value 2 s. the Goods of Thomas Emmery , August 29 .

Margaret Paterson . I live at Mr Emmery's in Artillery lane; on Monday Sev'nnight I went into my Mistres's Chamber, and saw somebody behind the Curtain; I cried out, what does any Body do in my Mistress's Room; the Prisoner hearing me crying out bitterly, he said, hush Jenny, and run down Stairs, out of Doors; I called out, and a young Man run after him, and took him. I am sure this is my Master's Shirt.

John Hill After the young Woman cried out, I run after the Prisoner, and took him about 200 Yards from the House, and he dropped this Shirt from under his Coat [ Edward Beadle confirmed the same] he said we were barbarous young Fellows to keep him, as we had got what we lost; the Handkerchief was not found. Guilty 10 d.

[Transportation. See summary.]

385. Thomas Webb , of St Clement Danes , was indicted for stealing 100 lb. weight of Lead, value 8 s. fixed to the Dwelling-House of Thomas Phillips , Aug. 3 .

William Remnent and Richard Remnent proved, that this Lead was taken off a House in Essex-street in the Strand, near where the Prisoner, who is a Plaisterer, was at work; and that the Lead was found upon him, and fitted the Place, that some Lead was stole from. Guilty .

[Transportation. See summary.]

386. Richard Cartwright , of St Andrew Holbourn , was indicted for stealing a Copper Stew-pan, value 10 s. the Goods of Nathaniel Worley , July 15 .

Ann Worley . About two o'Clock in the Morning my House was broke open, and I lost two Stew-pans. William Knight stopt the Prisoner with it. And Elizabeth Rastel proved it to be the Property of Mr Worley. Guilty 10 d.

[Transportation. See summary.]

387. Ann Warbee , of St James Clerkenwell , was indicted for stealing a Linnen Mob, value 2 s. the Goods of Henry Pomfret , July 23 . Acquitted .

388. Jonathan Berry , of St Martin in the Fields , was indicted for stealing one Pound Weight of Silk dyed, value 20 s. six Bobbins, and one Pound of Silk and Hair, value 10 s. the Goods of Spragg Dyer , July 3 .

It appeared, that the Prisoner had left some Bobbins (with Silk upon them) with Mr Dyer's Mark on them, at Mary Colloway 's; which she suspecting to be stole, carried them to Mr Dyer, who charged the Prisoner (his Servant ) with the Fact; he owned the taking the Bobbins, but said that he bought the Silk himself. Guilty 10 d.

[Transportation. See summary.]

389. Elizabeth Kelly , of St Margaret Westminster , was indicted for stealing a Holland Gown, value 15 s. the Goods of William Harford , July 17 .

Ann May . I had this Gown to make; I called at Mrs Williams's in Petty France; I had the Gown in a Handkerchief; and the Prisoner desired to see it; she said, it was a pretty Thing, and believed it would fit her; she tried it on, and went away with it; I was two Hours following her, by Mrs Williams's Direction, before I took her; and when I asked her for it she threatened to kick me down Stairs; she had the Gown then upon her Back - I did not consent that she should try it on.

Prisoner. This Gentlewoman (Mrs May) came into a Chandler's Shop, where I was, and shewed me this Gown, and said, it is for just such another fat arsed Creature as you; and she put it on me; I will give you my Word for it, and I laid down upon the Bed and fell asleep, for I was very much in Liquor indeed.

Gabriel Pilkington . I served the Warrant upon her, but she would not let the Prosecutrix have the Gown; and she said before the Justice that she would not deliver it; but the Justice ordered the Gown to be taken from her, and her own Gown fetched and given to her.

Ann May . She used me very ill, and struck two of my Teeth out. Acquitted .

390. Hannah Floyd , of St Luke's , was indicted for stealing eight Yards of Persian, value 8 l. the Goods of James Edge ; and a Napkin and Clout , the Goods of Robert Mitchel , July 4 .

Robert Mitchel . The Prisoner came to my Wife for some Quilting, and went into the Shop two or three Times; the Things were in a Trunk when she went in, and no body was there afterwards; I found out the Prisoner, 2nd asked her if she was not a Quilter, she said no, she was a Glover; said I, What have you two Trades, besides what you learned last; she had the Clout upon her Head.

Ann Mitchel confirmed the former Evidence, and that she owned the taking the Clout which she had upon her Head, but denied that she took any thing else. Guilty 10 d.

[Transportation. See summary.]

391. John Kelly , of St John, Wapping , was indicted for stealing four Pounds of Tobacco, value 18 d. the Goods of John Philpot , and Edward Lee the Younger, on board the Ship Cambridge , Aug. 13 .

Richard Wolley and William Dunkin proved, that the Tobacco was found upon him, some between his Shirt and his Skin, and three or four Hands were hanging out of the Cod-piece of his Breeches; he was asked his Name, and he said, he had forgot it; he is one of the Lumpers; he said, he had no Family; but it appeared afterwards, that he had a Wife and two Children. Guilty 10 d.

[Transportation. See summary.]

392. + James Price *, of St Clement Danes , was indicted for stealing two Cloth Coats, value 6 l. and a Silk Waistcoat, value 15 s. the Goods of William Danson , in his Dwelling-House , July 15 .

* He was tried for a Burglary in January Sessions, and acquitted.

William Danson . I am a Taylor; I lost two fine Cloth Coats, and a Silk Waistcoat, out of my Parlour, on the 15th of July, between three and four in the Afternoon; they were there about ten Minutes before.

Benjamin Styles . I am a Hemp-dresser in Tothill-Fields Bridewell; the Prisoner broke out of that Place about a Week before, on the 18th of July, between three and four in the Afternoon; I met the Prisoner at Temple-Bar, about 100 Yards from the Prosecutor's House; he had an Apron tied before him, and these Cloaths in it; I took him, put him into a Coach, and carried him Home; on the Tuesday following they were advertised, and the Prosecutor swore to them. Guilty 39 s.

[Transportation. See summary.]

393. Mary Gritton , of St Giles in the Fields , was indicted for stealing a Sheet, value 2 s. the Goods of Elizabeth Toote , in her Lodging , July 26 . Acquitted .

394. Bacon Windsor of St Mary Whitechapel , was indicted for stealing a Whip, value 2 s. the Goods of John Dolphin , July 18 . Guilty 10 d.

[Transportation. See summary.]

395. Thomas Saunders , of St Luke's , was indicted for stealing five Ounces of frost Gold , value 30 s. the Goods of Richard Panton . July 9 .

Richard Panton I am a Silver-Spinner ; I had spun a Parcel of Gold-frost at Night, to carry to a Shop next Morning; when I was going to carry it I missed one Quill, which is about five Ounces; I mistrusted the Prisoner, who left his Work that Morning; I found him the next Morning among Mr Sharp's Boys in Moorfields; I said, he must come along with me, he came very orderly, he denied it at first, but at last he owned it; and that he had sold it to a Silversmith in Barbican for 11 s. and 1 d. 1/2; there was two Ounces and a Half-penny wt. at 5 s. 6 d. a Ounce, when it was burnt; I was advised to prosecute the Silversmith: but, he said, he had bought it at a fair Market Price; and when the Prisoner sold it, it was cut all to Pieces; and as it was cut to Pieces, he gave a Market Price for it, when it is burnt.

Prisoner. I did not burn it, the Goldsmith burnt it, and he must very well know new Goods from old, though it was cut - I do not know the Goldsmith's Name.

Court. Though he did give the full Price, he ought to be prosecuted for buying such Things of a Boy.

Panton. I thought as he gave a Market Price, it would not signify any Thing; besides, I do not know his Name.

Mary Panton . When the Boy was charged with it, he denied it; but afterwards said, I have not the Goods, for I have sold them; says he, I will make an end of it; here is the Money, and you shall have it.

Richard Panton . The Boy has work'd with me seven Years, and I never suspected him before. Guilty 10 d.

[Transportation. See summary.]

396, 397. Mary Danks and Mary Damsel , of St Margaret Westminster , were indicted for stealing seven Yards and an half of Lace, value 20 s. the Goods of Joseph Thompson , July 8 .

The Prosecutor not appearing, the Prisoners were acquitted .

398. Johanna Kemmet , of St Clement Danes , was indicted for stealing one Coral, set in Silver, with six Silver Bells, value 10 s. the Goods of Lewis Thomas , Sept. 2 .

Lewis Thomas . The Prisoner came to my House the 2d of September, took an Opportunity while the Maid was gone to draw a Pint of Beer for her, to cut the Corral off from the Child, and make off with it. - It cost me 16 s. 6 d.

Jonas Clifton . I am a Silversmith in the Strand, to the best of my Knowledge I bought this Coral of the Prisoner the second of September, and gave her 6 s. for it, there is an Ounce of Silver. - I cannot say that I asked her where she had it, she looked very well then, and I thought she might have such a Thing of her own. Guilty 10 d .

The Court advis'd Mr Clifton to be more cautious with whom he dealt, left he should be indicted himself.

[Whipping. See summary.]

399. Philip Jones , of St James, Westminster , was indicted for stealing a Silver Spoon, value 10 s. the Goods of Robert Champion , Aug. 25 .

Robert Champion . On the 25th of August, I lost a Silver Spoon out of my Kitchen; this is the Spoon.

Edward Wakelyn . I am a Silversmith . I stopped this Spoon and the Prisoner; he brought it to me the 24th of August to sell; but seeing a Crest upon it, I asked him how he came by it; he said, what was that to me; so I secured him; and then he said, he bought it of a Woman in the Strand. He did not produce the Woman, neither did he know her Name. - He was very much in Liquor, when he brought it.

James Bromley . The Prisoner served his Time in the Country; he lived with me ten Months as a Journeyman. I took him on the Recommendation of Sir Watkin Williams , and during that Time he behaved very well; his Friends have the best of Characters in Wales.

- . I am a Brewer, I have known the Prisoner 18 Years, he has been entrusted with 50 or 60 l. at a Time in the Room where he lay, and I never heard that he ever wronged any body before.

John Bromfield , Richard Farrel , and Richard Graham , have known him about a Year, and believe him to be a very honest young Man.

Elias Jones , (Cousin to the Prisoner.) He is about 22 Years of Age, I have known him eighteen Years. I never knew any Thing amiss of him; they are a very honest Family, all the whole Generation are so. Guilty 10 d.

[Whipping. See summary.]

400. Christian Mitchel , otherwise Proctor ,* of St Ann, Westminster, was indicted for stealing a Leghorn Hat, value 2 s. and a Piece of Ribbon, value 12 d. the Goods of John Green , July 7 .

* She was tried last Sessions for stealing Goods out of a Shop in Cranbourne-Alley; when at the Interposition of the Prosecutrix, and several appearing to her Character, she was acquitted. See P. 199, No 325.

Margaret Green. The Prisoner came into my Shop in Cranbourne-Alley, by Leicester-Fields, and asked for a Hat, I shewed her one, which was too large, and while I was getting another, I saw her take a Hat off the Counter, and she pinned it under her Apron to her Petticoat; she bid me Half a Crown for one, and was going out of the Shop, and said she would not have any; said I, if you will have none, I must search you; she ran away from me, I followed her, and brought her back, and she offer'd me Sixpence to make it up. I took the Hat from her, and desired John Turner to carry her up Stairs, in order to search her.

John Turner . As she was going up Stairs, I found a Piece of Ribbon upon the Prisoner, and pulled it from under her Cloak, and Mrs Green said, Oh, you Hussey, that's my Ribbon, I sold some of it just now. Guilty 10 d.

[Transportation. See summary.]

401 Sarah Mills , of St Andrew, Holbourn , was indicted for stealing 10 Hanks of Brass Wire, val. 25 s . the Goods of Samuel Fossick .

James Fowkes . On the 9th of August , my Master Fossick lost fifteen Pound Weight of Wire, out of a Tub in the Shop.

Hugh Mills . I am a Brass Sieve-maker. On the 10th of August, Elizabeth Williams brought me a Pound and a Quarter of Brass Wire, which I bought of her, and gave her 2 s. a Pound for it, but the Price I give is 2 s. 4 d. I told her I did not buy such small Quantities, but if she would bring me more I would buy it. She fetched this Parcel of ten or eleven Pound, and when she brought it, I stopped it. I knew she must steal it, because there are but Mr Fossick and two more that draw this Sort of Wire: The Prisoner had been a Chairwoman to Mr Fossick, and she said she had some Iron Candlesticks to sell.

Elizabeth Williams . I carried this Wire to Mr Mills, I had it of the Prisoner; she said she had it for a Debt, and that the Person was gone to Birmingham. I gave her the 2 s. 6 d. I had for the Pound and Quarter.

William Peck , Constable. This is the Wire that was given into my Charge; the Prisoner did not confess any thing; she was more impudent than any thing else.

Mr Ellis deposed, that the Prisoner brought some Wire to him to sell, and that she did not know the Price of it; she said, she sold it for a Brass Wire-Drawer's Wife, in Moorfields, who was in bad Circumstances, and going to Birmingham; that he did not buy it, but broke a Bit off, that he might keep a Sample of it in Case he should hear that any body was robbed; that the Prisoner said it was upwards of a Year since the Man broke; and, he says, that this Wire does not look to have been made above three Months; and that he is positively sure that this Wire is not to be had of any body but Mr Fossick. Guilty 4 s. 10 d .

[Transportation. See summary.]

402. Will. Norman ,* of St Giles in the Fields , was indicted (with George Broom , John Harrison , and John Thomas , not taken) for stealing five Holland Shirts, value 20 s. three Cambrick Aprons, value 15 s five Cambrick Stocks, value 2 s. 6 d. two Handkerchiefs, value 2 s. five Pair of Stockings, value 5 s. one Cambrick Night cap, value 2 s. and three Sheets, value 5 s. the Goods of Sir Jonathan Cope , Baronet , May 1 .

* One William Norman was indicted for felony, Dec. Sessions, 1739.

Sarah Carr . I am Servant to Sir Jonathan Cope , on the 1st of May there was a Waggon Load of Goods carried down to Sir Jonathan's Seat in Oxfordshire; the Things mentioned in the Indictment were missed when the Waggon came thither, out of a Hamper which was in the Waggon; I saw the Butler pack them up; we had the Sheets from a Pawnbroker's.

Joseph Doody . On Wednesday Night, the 1st of May, [The 1st of May was on a Sunday] I and John Thomas , John Harrison , and George Broom , went to St James's Market, and stole a Fowl, (Norman was not with us then) we carried the Fowl to his House to have it dressed (he is a Shoemaker, as he pretends) and they would not dress it for us; he offered to buy it of us, and he gave us a Penny a Pound for it, and we spent the Money in Gin at his Mother's House - they kept a little Gin-shop, and harboured nothing but Thieves, and then he shewed us the Waggon, it stood by the Crown, within a few Yards of his House, he said, there was some Wine in the Waggon, and he gave me a Cafe-Knife out of his own Drawer to cut the Hamper open; I cut the Hamper open, and he took the Linnen out and run into the House with it; Norman opened the Bundle, and bid us a Guinea and a half for our Shares, among us four; he would not let us open it, so we agreed to take the Money; he took out three Holland Shirts, and put one upon his Back; then we went up to Hampstead, for fear it should be discovered; I saw the rest of the Things in the Morning, and he pawned three Sheets to make up the Money for us, and he owes us half a Crown now; there were five Pair of Thread Stockings, two Pair of Womens Shoes, &c. we had 7 s. a-piece.

Q How often have you been an Evidence here?

Doody. But once, that was against one + Thomas Havril , about twelve Months ago, for stealing a Cheese.

+ Dec. Sessions, in this Mayoralty. See Trial, No. 13. Page 9.

Q Does the Carrier set up his Waggon at the Crown Inn in St James's Market ?

Carr He sets up in Smithfields; the Waggon stood all Night in the Street; the Crown-Inn is the Corner of Hog-lane in St Giles's

Prisoner. Did you carry the Fowl to my Mother's House, or to mine?

Doody. I cannot tell whether it is your Mother's House or your's; I do not know who pays the Rent.

William Linden . I sat out at six o'Clock in the Morning, but the Waggon was by the Crown-Inn about five or six in the Evening - All the whole Load was Sir Jonathan's; I hired a Person, and gave him a Shilling to watch the Waggon, and then I went to Bed.

Q Are you sure it was the 1st of May, because that was on a Sunday?

Carr. I was not just sure as to the Day, and I thought I had better under do it than over do it; it was on a Thursday.

William Matthews . I am Servant to Mr Pardien the Pawnbroker; I took in three Sheets of the Prisoner's Mother, she said, her Name was Norman - she always went by the Name was Norman - I saw the Prisoner bring some Holland Shirts - his Mother fetched them out - his Mother asked 12 s. upon the Sheets, and she had 12 s. I thought her to be an honest creditable Woman, and so made no Scruple of taking them in.

Sarah Carr . This is my Master's Mark I. C . and the Cloth is like ours, I take them to be my Master's Sheets.

- Ward. I wash for Sir Jonathan, and I take this to be his Mark.

Doody. Before the Prisoner went to pawn the Shirts, his Wife picked the Letters out with a fine Needle.

Q. From what part of the Shirts were the Marks taken.

Doody. Cut of the Gussets of the Shirts.

- Ward. Some of the Shirts were marked on the Gussets, and some on the Skirts - I cannot tell where those Shirts were marked that were lost.

Q. Did the Prisoner use to come and pawn Things?

Matthews. Yes, his own wearing Apparel, and sometimes other Things, but I thought they might be his Mother's; I always before this Accident took him to be a very honest civil young Man.

Jane Poole . I am a Fruiterer in Covent Garden Market; I have been there these sixty Years - I am threescore and twelve, or thirteen; I have heard the Gardeners give the Prisoner a very good Character.

Elizabeth Poole gave him the Character of an honest industrious young Man.

Matthias Smith . I have known him about a Year, never heard any Ill of him.

William Gawthorn . I have known him about three Years, and he always had a very honest Character.

John Vanryse . I have known him sixteen or seventeen Years - I do not think he would be guilty of committing a Robbery.

Barney Bailey . I have known him about a Year and an half, he lodged opposite to me, in Leg-Alley in Long-Acre; I believe him to be a very honest Man; I have been in his Company many a Time. Acquitted .

403. James King was indicted for stealing a Linnen Handkerchief, value 12 d. the Goods of Peter Culver .

Peter Culver . I was coming down Fenchurch-street the 11th of July , between eight and nine in the Evening, and had a Suspicion of the Prisoner; he followed me down Grace-church street, and just under Bishopsgate he picked my Pocket of a Handkerchief - I did not see him take it out of my Pocket, but he run down Old Bethlehem, was taken there, and brought to the Watch-house; he said, he would ask Pardon if I would forgive him; I never had the Handkerchief.

John Bonfield . I saw the Prisoner take a Handkerchief out of the last Witness's right Hand Coat Pocket by the Light of a Lamp - I am sure he was the Person, for he was never out of my Sight till he was taken.

George Wright . I was along with the Prosecutor, and saw the Prisoner take the Handkerchief out of the Prosecutor's Pocket. Guilty 10 d.

[Transportation. See summary.]

404. + Susanna Atkinson was indicted for stealing a Silver Watch, value 3 l the Goods of John Hyrons , privately from his Person .

John Hyrons . On the 13th of July , I went to the King's-Head in the Old Change, and staid till between one and two in the Morning, and coming Home I lost my Way, and asked the Prisoner for Leicester-Fields; she told me if I would give her something to drink she would put me in the way; and accordingly I went with her into a House in Creed-lane, and gave her a Quartern of Shrub (I was not in Liquor then) she asked me what I would give her to lie with her; I told her, I did not want to have any Thing to do with her, in that way; I did kiss her once, and that's all; she went out of the Room, and I followed her.

Q. Did you go into a private Room with her?

Hyrons. I do not know - I went up Stairs with her; missing my Watch, I went down, and asked a Man that was in the House where the Woman was, and he threatened to push me out of Doors; I went out, and he shut the Door against me; I staid some time at the Door, and a Watchman coming by, I told him what had happened, and what I had lost; he asked me what manner of a Person the Woman was, I described her Person to him, says he, I believe I know her, but I cannot get in, because the Door is shut; the Constable ordered me to come the next Day to an Alehouse in Creed-lane; and then I lighted of her, and had her up to Guildhall, before the Alderman, in Person, and charged her with picking my Pocket; she said, she did not pick my Pocket, but knew who had got the Watch - I was no longer with her above Stairs than while we drank the Liquor, which I believe was between six and seven Minutes - there was no body in the Room but the Woman who brought up the Liquor, and she went away directly - I had it in my Waistcoat Pocket, but I did not pull it out while I was in the House - I did not miss it before she went out of the Room, but I missed it before I went out of the Room - I did not sit down, I stood all the Time we drank the Liquor - I never had my Watch again.

Henry Taylor . As I was beating my Rounds, at half an Hour after One, I saw the Prosecutor at the Door (I believe if I had come two Minutes sooner, I had prevented his being turned out of the House) says he, Watchman, I am turned out of this House; then, says I, why did you go into it; the Neighbours cried out to me, you Rogue, why don't you call the Constable, and break the Door open; the Prosecutor said, he had lost his Watch; said I, if you can give me any Description of the Person who took it, I will endeavour to find out the Woman, that is, the Prisoner at the Bar, she knows me well enough, she need not look at me. I went and got a Nap of Sleep, and went in the Morning to see how Things stood, and the House was close shut up. I told Mr Owen the Constable, I believed I should have a Jobb for him about 11 o'Clock; the Prosecutor came to the Alehouse about 11 o'Clock next Morning, and asked me if I would have any Beer, said I, Let us do Business first; I saw Madam and her Partner coming by about half an Hour after 11; thinks I you are the Woman that has the Watch; said I, she is gone into that House; the Windows were broke, but Bawdy-houses generally are so. I spoke thro' the Windows; the Prosecutor went for a Warrant, and after he was gone, she pushed out, I took hold of her, and would not part from her; said I, as there is a Robbery swore against you, I will keep you. There came a Man out, and asked me what I had to do with his Wife; said I, D - n your Wife, what's your Wife to me, I do not mind your Wife. She said, she did not pick his Pocket, but she knew who had the Watch.

Prisoner. I never saw the Man in my Life, 'till he made me a Prisoner.

Taylor. What the Plague in Hell did you never see me, when I go by you ten Times a Night.

Thomas Kelly . The Prisoner lodged with me in Grays-Inn-Lane about two Months, till the Time she was taken up. I never knew her to stay out till nine o'Clock. I saw that Night that she came in in due Time; I think it was on a Tuesday, she came Home that Night about eight o'Clock, and did not go out after that - I went to Bed about ten, - she could not get out without my knowing of it.

Q. Do you take the Key up to Bed with you.

Kelly. No, I commonly leave the Key in the Door. The next Morning she desired me to mend a Slit in her Shoe, about seven o'Clock. She sells Fruit.

Patrick Wall. I saw the Prisoner come in that Night at eight, and she bid us Good-morrow when she went out in the Morning about seven.

Ann Wall. She never used to keep late Hours. Acquitted .

405. James Holland , of St Andrew, Holbourn , was indicted for stealing three pound weight of Copper, value 3 s. the Goods of Samuel Pace July 29 .

It appeared by the Evidence of Mr William Gyles , a Brass Founder in Shoe Lane, that the Prisoner's Wife brought some Shruff, that is Clippings of Copper to sell, and that he bought three Pound, nine Ounces, and gave her 3 s. 6 d. Halfpenny, and that she said she brought it from her Husband. Samuel Pace the Younger, happened to see this Shruff at Mr Gyles's, which by particular Marks he swears to part of it, being his Father's.

Samuel Pace the Elder, swears to about half the Quantity. The Prisoner was Servant to Mr Pace, and had worked with him on and off about eight or nine Years. Guilty 10 d.

[Whipping. See summary.]

406. + John Wilson was indicted for stealing an India Silk Handkerchief, value 3 s. 6 d. the Goods of William Turner , privately from his Person .

William Turner . On the 24th of July , as I was coming from Great Russel street into the City, I lost a Handkerchief, - I did not see or feel the Prisoner take it. After I had charged the Constable with him, he begged Pardon, was sorry for what he had done, and desired I would let him go.

Prisoner. When the Handkerchief was brought to him he did not know his own Handkerchief.

William Turner . The young Man that had my Handkerchief, asked me what Sort of a Handkerchief it was. and I said, it was a red and yellow India Handkerchief; another thing that I described it by was, that it was not made.

Simon Stevens . On the 24th of July I saw the Prisoner take this Handkerchief out of the Prosecutor's right-hand Coat Pocket. I pursued him close, and he got on the other Side of the Way. I could not see him do any thing with it, but seemingly he dropped it. I seized him opposite to the New Church in the Strand; he desired to be searched, and said he had none of it. I said positively he was the Man that took it, - The Handkerchief I think was found within three Yards of the Place, where I seized him; - he was never out of my Sight, nor the Distance of Ten Yards from me before he was taken. - He desired to be excus'd. Guilty 10 d.

[Transportation. See summary.]

407. + Silvester Ridge , otherwise called John Connor , was indicted, for that he on the 8th Day of July, in the 17th Year of his Majesty's Reign , in the Parish of St Martin in the Fields, in the County of Middlesex , did unlawfully and feloniously procure William Ross , being then a Subject of our Sovereign Lord the King, to enter into the Service of the French King, being a foreign Prince, as a Soldier, without Licence first had and obtained, under his Majesty's Sign Manual; in Contempt of our Lord the King, and his Laws, to the evil Example of others, against the Peace, &c. and against the Form of the Statute, &c.

And the Indictment further charged, that he the said Silvester Ridge , otherwise called John Connor , on the said 8th Day of July, &c. did unlawfully and feloniously hire, and retain the said William Ross , &c by giving him a Piece of foreign Silver Coin of the Value of 4 s. to enter into the Service of the French King, being a Foreign Prince as a Soldier, without the Leave, &c.

The Council fo r the Prosecution opened the Nature of the Offence.

Prisoner. I was at the Battle of Dettingen, in the Regiment of Woolsenbuttle, in the Austrian Service. My Lord, I am informed that the Government have not thought fit to prosecute, I desire therefore to be inform'd who is the * Prosecutor.

* A very proper Enquiry, as will presently appear; but it, unfortunately for the Prisoner, is fix'd on a Person not able to make him Satisfaction.

The Court thereupon inquir'd, and the committing Justice being upon the Bench, named a Gentleman of Rank in the Army, who soon after acquainted the Court that he was not the Prosecutor; whereupon William Ross was entered as Prosecutor.

William Ross . On the 8th of July last, on a Friday, I met the Prisoner near Charing-Cross.

Q. Did you ever see him before?

Prisoner. Never before.

Q. What did he say to you at that Time?

Ross. He said to me, what Countryman are you? I said I was born in Holland.

Q. What are you now?

Ross. I belong to General Harrison's Regiment of Foot. - I am a common Soldier .

Q. If you were born in Holland, how then came you to be a Subject of Great-Britain?

Ross. My Father was born in Scotland, he has a Company of Scotch Hillanders; they call them the Scotch Regiment; they are in the Service of Holland: My Father is now in Garrison at Art; He has been in Holland, near fifty Years.

Q. How do you know your Father was born in Scotland?

Ross. I have heard him say several Times that he was born in the Shire of Ross.

Q. How long have you been in England?

Ross. Three Months and a Half and better. - I have been enlisted in General Harrison's Regiment since the 25th of May. - I was enlisted when the Prisoner met me.

Q. When you met together who spoke first?

Ross. He spoke to me first in French, and said how do you do, do you understand French? Then I stopped and answered him in French; said he, I have seen you before; may be so, said I. Then I went with him to the House of one Miles Carrol , at the Sign of the Green-Man at Charing-Cross. - I had never seen him before: Then he asked for a private Room, and the Man shewed him into a Fore-Room next the Street; he called for a Pot of Beer, and then for some Victuals. - He talked to me, thinking I was a Subject of the King of France; I never let him know that I could speak any English. There came a Drawer into the Room, and the Prisoner said to him, Here is a clever Man but he can talk no English at all, and he is afraid he should be taken up, because he is a Roman Catholick .

Q What Countryman did you tell him you were?

Ross. I told him I was a Frenchman; says the Drawer to him, Explain to him in French that he need not be afraid, for I, and my Master and Mistress are all Roman Catholicks . The Drawer went out, and there came in a Chairman, I think his Name is Caibow; this Chairman thinking I could understand no English, said, if he would take him along with him he would go. - The Prisoner said it was a dangerous Thing to meddle with such Matters here; then the Chairman was called and went out, so the Prisoner came up to me, clapp'd his Hand upon my Shoulder, and said, I should be glad to have you for a Comrade, and you shall go with me to France; says he, I hope you are not against your own King and Country, meaning that I was a Frenchman: He said, if I would go with him, he would give me a Note under his Hand that I should be an Officer as soon as I came on the other Side of the Water; says he. I will give you 40 Livres. No says I, That is too little for such a Man as I am, I will have more as that - I spoke this in French. He put his Hand in his Pocket, and pulled out a French Crown. which I have here to produce, and said, he would make that 40 Livres more; (the French Crown was produced) this is worth about 4 s. 6 d. English Money; I took this Crown of him, and he called for a Pot of Beer; after we had drank the Beer, I was studying how to come out of that House, for fear of being knocked on the Head, as they were all his own Country People.

Q. What were they Frenchmen?

Ross. They all spoke French.

Q. What Country People do you think they are?

Ross. They are Irish People - the Prisoner is an Irishman; they talked both English and Irish; then I made a Proposal to him, that as he was a Man that understood English, and I could not, if he would go along with me down into Wapping to get my Goods, I would go with him where he pleased; he agreed to that, and pulled out half a Crown, and gave it to the People of the House, for a Lodging for me and himself, and for the Reckoning, which was Fifteen-pence Half-penny - we did not lie there; this was between five and six o'Clock; the Prisoner and I went to the Black-Boy and Trumpet at Tower-Hill, and I called for a Pot of Beer, I spoke to the Landlord, and desired him in Dutch to go to St Catharines, to get a File of Musqueteers, but he refused it, and said, I should go myself - the Landlord spoke Dutch - the Prisoner could understand some Words of what we said; then, I said, I would talk to him in English; and I told him he was my Prisoner, and I would hold him; I had no Money in my Pocket, but this Piece, that I had of the Prisoner, and the Landlord would not let us go without paying for the Beer; said I to the Landlord, keep this in your Custody till I come and pay for the Beer; then I took the Prisoner out of the House, and carried him before Justice Dennet.

Court. This is all mispending of Time; for the Man took him to be a Frenchman; we will suppose this Man was a Subject of his Majesty, of which there is some doubt, if he pretends to be a Foreigner, and can't speak a Word of English, he is to be taken for what he pretends to be. Acquitted .

408. Susannah Carter , of St Leonard Shoreditch , was indicted for the wilful Murder of Elizabeth Lewis , by casting and throwing of a Knife made of Iron and Steel, value 1 d. * at the said Elizabeth Lewis ; by which casting and throwing she gave her a mortal Wound on the left Side of the Breast, near the Collar Bone, of the Length of one Inch, and the Depth of three Inches, of which Wound she instantly died , July 16 .

* In an Indictment for Murder, the Value of the Weapon is found by the Jury; for the Weapon is a Deodand, forfeited to the King; and the Township are chargeable for the Value, if delivered to them.

She stood a second Time charged on the Coroner's Inquisition, for the said Murder.

The Examination of Susannah Carter , taken by Justice Wroth, July 16, 1743, was prov'd viz.

This Examinant saith, that about five o'Clock this Morning, she having some Difference in Words with one Elizabeth Lewis , who lodged in the same House with this Examinant, she took a Knife that lay near her, and threw it at the said Elizabeth Lewis , which gave her a Wound in the Breast, of which Wound she instantly died.

Samuel Fletcher , Surgeon. On the 20th of July, the Church-Warden of Shoreditch Parish came, and desired me to look at the Body of the Deceased, which I did; and there was a Wound on the upper Part of the left Side of the Body, which penetrated between the first and second Rib, and there was a large Quantity of extravasated Blood lodg'd upon the Diaphragma; I am persuaded this Wound occasioned her Death.

Ann Price . I live in Kingsland Road, next Door to the Gentleman and Porter, the 16th of July, in the Morning, the Prisoner got up a little before four o'Clock, to hang up some Cloaths for Mrs Hornibrook, and afterwards sat herself down to cut some Matches; and the deceased Elizabeth Lewis came in pretty much in Liquor; Susannah Carter , said to the Deceased, You B - h, you have been great with a Butcher in White-chapel for Sweet-Breads and Kidneys - Elizabeth Lewis had a Husband somewhere, but they did not live together.

Q. Did Carter begin to quarrel with Lewis, or Lewis with Carter?

Price. They both began to quarrel together; but Carter's saying that, made Elizabeth Lewis angry; and Elizabeth Lewis said to Carter, You B - h, I never gave the Carman the Clap in White-chapel; then Susannah Carter says to her, Say so again, and I will do you a Mischief (they lodged in the same House, and both lay together) the Deceased said the same Words over again; then Susannah Carter took hold of a Basket, and hurled it on one Side, in order to get to the Door, and threw a little broken Knife out of her Hand, that she was cutting her Matches with - she threw the Knife down, when she went to open the Door to get to the Deceased - they were both in the same Room at first, and Elizabeth Lewis went into the other Room for fear of Mischief, and shut the Door - then Susannah Carter thrust her two Hands against the Door and pushed it open (I did not see any Thing in her Hands) and immediately the Deceased came out, and said, Lord, Lord, look how she has stabbed me; she was stabbed in the Breast, on her left Side.

Q. Did the Knife slick in?

Price. I did not see the Knife till it was found bloody; then, I said, Betty Lewis is in a Fit, and I got a little Water; but all we could do was to no Purpose, for she died presently.

Q. What did Susannah Carter say?

Price. Susannah Carter owned she did it, and did not desire to go away - the Deceased died in about four Minutes.

Q. Did the Prisoner shew any Concern about it?

Price. She did not look much concerned.

Mary Brown . I was lying upon a Couch, where the Prisoner was sitting, cutting of Matches; I was asleep, but the Noise waked me; when I awaked, I heard the Prisoner say, You B - h, I never was concerned with the Butcher in White-chapel for Sweet-Breads and Kidneys; the Deceased made answer, and said, I never gave a Butcher nor a Carman the Clap in White-chapel; the Prisoner said, if you say so again I will do you a Mischief; the Deceased rehearsed it over again; and being in Liquor, aggravated the Prisoner very much; the Deceased was in another Room - the Door was shut when these Words passed; there was but a slight Partition, that they might hear very well - the Deceased began first, for she was very much in Liquor.

Q. Was the Deceased in Bed or up?

Brown. She was in Bed; the Prisoner then opened the Door - there was no Lock upon the Door, it was a Sort of a Spring Bolt, tied with two Strings, and they were twisted round a Nail; and the Door was easily got open; the first Thing I saw, was, that the Prisoner laid hold of a Knife; which, I suppose, was the first Thing that came to her Hand - it lay upon a Chest of Drawers, and she flung it at the Deceased - I saw her sling it.

Q. Then she did not stab her ?

Brown. No, she flung it at her, and she received a Wound under the Collar-Bone, on the left Side; and the Deceased said, Lord, Lord, see how she has stabbed me.

Jury. Stabbing implies a sticking with the Knife in her Hand; did she strike her with it in her Hand, or did she throw it at her?

Brown. She flung it, I do assure you.

Jury. At what Distance was it flung ?

Brown. About two Yards and an half - then the Deceased said, Lord, Lord, see how she has stabbed me; and the Prisoner said, I am sorry for it; and if I have done it, I am willing to suffer, I will not run away.

Q. Do you upon your Oath say she threw it at her?

Brown. She flung it at her, I do assure you - I will never vary a Tittle for the best Person upon Earth.

John Rumbold . I am a Parish Officer; I was called up at five o'Clock in the Morning; when I came into the House I saw a Woman lying dead; I asked who did it; the Prisoner said, she did it, and that she was sorry for it; I told her, she would be hanged, she said, she could not help it.

Prisoner. I got up between three and four o'Clock that Morning, and was cutting of Matches, when she came in drunk; I got some Gin for her, and she would have had me have got some Tobacco; and as I would not do that, she abused, and aggravated me very much, and, I said, I would lick her; but my Landlady hindered me, says she, let her come; and as I could not come to her, I took up the Knife, and threw at her. Guilty Manslaughter .

[Branding. See summary.]

409. Christian Mackenzie , of St Botolph, with-Aldgate , was indicted for stealing a Silk Gown, value 10 s. a Cotton Gown, value 5 s. a Suit of Cambrick Headcloths laced, value 10 s. and two Pair of Silk Shoes, and one Pair of Silk Stockings , the Goods of John Campbell .

John Campbell . On the 14th of July , I lost the Things out of my Children's Room; the Prisoner was my Servant ; I knew she took them, because I found the Door wide open in the Morning, and she was gone; upon this I advertised her; and my Wife having told me, that she lived formerly at Leigh in Essex; I got a Warrant, and sent Clement King down; and he went and took her, and brought her to Town; and she had on the Brocade Gown, a Pair of the Shoes, the Stockings, and the laced Headcloths of my Wife's; I asked her how she could be guilty of such a Thing; she owned the Fact, and made a great deal of whindling and crying, as such People do.

Clement King . I found her about five Miles off Leigh, and a young Fellow along with her, like her Gentleman; said I, she has robbed such a Person; look here Christian, said I, you lived along with Mr Campbell, did not you? No, says she, I do not know such a Man; said I, I shall make you know him before I go; I am sure, says she, you are mistaken; said I, I have got a Warrant for you; I took hold of the young Fellow, and said, if he did not clear himself I would take him into Custody; he said, he was not concerned in the Robbery; says the Prisoner, I am not willing to go to Prison here, but I will go to London; she rode upon my Horse, and I brought her to Mr Campbell's; she said, she would give me her Mistress's Things, if I would but beg her own Gown of her Mistress. Guilty .

[Transportation. See summary.]

410, 411. + Ann Sykes , and Mary Proctor , of St Martin in the Fields , were indicted for assaulting Mary Ann Elway , on the Highway, and taking from her a Pair of Silver Ear-rings, a Silver Locket, a Gown, a Petticoat and Cap , the Goods of George Elway , July 19 .

Eleanor Elway . On the 19th of July my Child was robbed between six and seven in the Evening; I took my Child next Morning to Westminster, to see if any of her Cloaths hung out to sell, and going down St Martin's Lane, says my Child, There's the two Girls that stripped me; I laid hold of them both and asked them, how they could do such a Thing; they made no Opposition, but said, If I would be easy, and not make a Noise, they would tell me where the Things were; and Mr Cartwright went with me to the Place where I got these Ear-rings, which they robbed my Child of.

Thomas Cartwright . I belong to the Board of Green-cloth; I told the Prisoners if they knew where the Things were, they had better tell me; they told me they had pawned them in St Martin's Lane, where I found the Petticoat; the Gown and Cap were not found, but the Ear-rings were pledged at a Silversmiths, in Long-Acre.

Mary Scot . Both the Prisoners worked for me in stitching Stays a great while: I always took them to be very honest.

Jane Coates . Sykes lived with me 12 Months, I never heard any Harm of her.

Ann Bulman . I have known Sykes, ever since she was four Years old, and never knew any Dishonesty by her in my Life.

Ann Sykes 's Father said, he never heard that she was guilty of any such Thing before. Guilty of the Felony, Acquitted of the Robbery .

[Transportation. See summary.]

412. Patrick Glynn , of St Botolph Aldgate , was indicted for stealing 21 Yards three Quarters of Woollen Cloth, value 15 l. 15 s. the Goods of Peter Sarney , and .

William Miller . The Cloth was taken out of the Shop of Messrs. Sarney and Chitty, Woollen-drapers in Cornhill , on Tuesday the second of August ; on Thursday it was advertised; in the Evening of that Day, Mr Richardson of Rosemary-Lane, sent to acquaint us, that he believed some Part of that Cloth was in his Possession. Saturday following the Prisoner was taken up, Mr Richardson and I went and swore to the Cloth: Mr Richardson charged the Prisoner with the bringing the Cloth to him; the Prisoner said he bought it at Dartford in Kent, and that he gave 9 s. a Yard for it; but what Sum of Money he paid he could not tell.

Prisoner. I do not know how he can swear to that Cloth, when there is no Mark upon it.

Miller. I can positively swear to the Cloth by a Couple of Slips I cut off, and compared with the Cloth.

William Richardson . On the second of August, Mrs Ryley came to my Shop, and offered me seven Yards of Cloth to sell, I agreed with her for 10 s. a Yard, and then I wanted to know whether it was her Property; she said it was not; she sent me to the Barley-Mow in - Street, Goodman fields, and there was the Prisoner, who said it was his Property. I asked the Landlord, whether he knew any Thing of the Man or the Woman; he said he believed they were honest People, and we might venture to buy it. After I had paid him for that, the Prisoner said he had another Remnant; Mrs Ryley went and fetched it, that was 15 Yards and a Half, and the Prisoner was secured. I am sure that is the Cloth I bought of Mrs Ryley.

Abigail Ryley . I sell Stockings about Town, and have sold the Prisoner Stockings several Times; going into the Alehouse I saw the Prisoner, he said he had this Cloth to sell; he asked me if I could help him to a Customer: I carried it to Mr Richardson, and asked him 15 s. per Yard: he said he liked the Cloth, and would give me 10 s. but no more. Mr Richardson bought it and paid for it, and the Prisoner paid me for some Stockings which he bought of me.

The Prisoner in his Defence said, he bought the Cloth at the Bull Inn, at Dartford in Kent, and gave a pretended Description of the Person he bought it of.

One of the Jury said the House (the Bull ) had been shut up this Twelve Months. Guilty .

[Transportation. See summary.]

413. Charles Main , of Stepney , was indicted for stealing a Mortar and Pestle, val. 3 s. and a Rug Coat, val. 2 s. the Goods of Richard Atkins , July 2 .

Ann Atkins . I live in Shoreditch, beyond the two Loggerheads; on the Second of July, when I went out, the Mortar and Pestle was upon the Mantle-Piece, and the Coat hung up. - It was a Bear Skin Coat, [a Rug Coat] I was selling Colly-Flowers by my House, in Virginia-Row, and the Prisoner asked me to give him a Colly Flower , but I did not; I came home about two Hours afterwards, and the Goods were gone.

Ann Banks . One Tuesday the Prisoner came and knocked at the Door, I said, the re was No-body at home, for my Mistress had left me in the House, to take care of the two Children) he said, he knew my Mistress was out for he had met her, and that she said, I must draw Four of the best Colly-Flowers in the Ground; I let him in at the Garden-Door, and went to draw the Colly-Flowers, he said, go along, what are you afraid of; when I came in he was gone, and I missed the Pestle and Mortar, and my Apron; he went out at the Fore-Door; he had a Nosegay in his Hand, when he came into the Garden, and had left it upon the Dresser in the Kitchen; I did not miss the Coat till my Mistress came home: He was taken the Tuesday following, in Kingstand Road, and my Mistress said, Tell me where the Things are, and I will not hurt a Hair of your Head; he own'd he had them, and said, he would go to Hounsditch and fetch them; but my Mistress was persuaded not to let him go, for fear he should run away; he said, the Pestle and Mortar was at the Three Golden Balls, in Hounsditch, but, when we went there, they would not own that they had them; he said in Bridewell, that my Apron was pawned for a Loin of Lamb. - There was No-body else in the House; I saw the Pestle and Mortar when I went to draw the Colly-Flowers.

Mary Reader . I live at the Duke of Argyle's Head, the Prisoner came to my House that Day, and said, he came from a Gentlewoman who gave her Service to me, and desired me to gather a Nosegay, and I gathered some Flowers, and tied them up with a Piece of this Apron, and for that Reason I can swear to the Nosegay, and that Nosegay was found where the Things were stole from. Guilty .

[Transportation. See summary.]

414. Ann Serjeant , * of St Giles in the Fields , was indicted for stealing one Pair of Flaxen Sheets, value 5 s. and a Brass Sauce-pan, value 1 s. the Goods of Peter Deval , in her Lodging , Aug. 13 .

* She was tried last Sessions for a Capital Offence, and acquitted. No. 344. Page 207. In Sir John Salter 's Mayoralty, she was convicted of Felony, and burnt in the Hand, Vide No. 279. p. 163. in that Year.

Peter Deval . I missed these Things, and the Prisoner owned she had them, and offered to bring them again; I should be glad if your Lordship would please to forgive her - I have not the Things again.

Prisoner. I have sent the Sheets to be washed; he may have them again, if he will; I sent the Things, but I believe they were afraid to take them in, for fear of the Law. Acquitted .

415. Hannah Kitchinham , otherwise Wrench , was indicted for stealing a Brass Sauce-pan, value 1 and a Copper Stew-pan, value 3 s. the Goods of Samuel Cooley , in her Lodging, May. Guilty 10 d.

[Whipping. See summary.]

416. John Brown , of St Helens , was indicted for stealing a Handkerchief, value 18 d. the Goods of Josias Taylor , Sept 3 .

Josias Taylor. Last Saturday Evening, about eight o'Clock, I was going with a Friend to drink a Tankard of Beer, and just by my own Door, in Bishopsgate street, I found something lightly touch my Pocket; I put my Hand into my Pocket, and found that my Handkerchief was gone; I saw the Prisoner about the same Distance from me that he is now; I immediately run after him, and seized him, and said, Sirrah, you have got my Handkerchief; he took the Handkerchief out of his Pocket and threw it down directly; I took up the Handkerchief, and carried the Prisoner into a back Room; said I, Sirrah, this Practice will bring you to the Gallows; he begged that I would let him go, and said, his Father and Mother would beat him; there was a Gentleman came and said, he had picked his Pocket within these five Minutes, but he would not prosecute him; says one who had been a Constable, this is the third or fourth Time that he has been sent to Newgate: I searched his Pockets, and found these five Handkerchiefs about him. The People very well knew him.

Q. to the Prisoner. How old are you?

Prisoner. I am Eleven Years old. Guilty 10 d.

[Transportation. See summary.]

417, 418. + John Bunn and Joseph Leach *, of St George in Middlesex were indicted for assaulting James Fennel on the King's Highway, putting him in fear, and taking from him a Hat, value 1 s. a Perriwig, value 2 s. and 16 s. in Money; the Goods and Money of James Fennel , from his Person, and against his Will , June 21 .

* Richard Warwick was tried last Sessions for the same Robbery, and capitally convicted. See Trial, No. 335. Page 203.

James Fennel . On the 21st of June I went from Rosemary Lane to Wapping-factory, about eight o'Clock at Night, to see a Friend; and as I was coming back - I was by myself. About half an Hour after Nine I happened to go into a House, the Sign of the Blue Anchor in the Back-lane, in Cable street, in the Parish of St George's in the East ; I called for a Pint of Beer, and as I was drinking the Pint of Beer (the two Prisoners, and Richard Warwick and Joseph Burton were in another Room in the House;) Leach came, and forced his Discourse to me; I drank the Pint of Beer, paid three Half pence for it, and came out of the House; as I was going to my Lodging, four Fellows came up to me about twenty or thirty Yards from the House I came out of; two of them struck at me - this Burton is one. and Warwick the other; they struck at me, and I was knocked down with a Weapon, which I took to be a Mop-stick or a Broom-stick.

Q. Who knocked you down?

Fennel. He with the red Waistcoat on (Bunn) Bunn struck me with a Mop stick, and Warwick with something else; after they had knocked me down, I cried out Murder; Leach came, and threw himself down upon me, and caught me by the Throat, while one of them took away my Money - he held me down while my Money was taken away - they took 16 s. from me - it was in the right Hand Pocket of my Breeches; they took my Hat and Wig from me, and carried them quite away - I cried out Murder; and the Servant-Maid belonging to the Publick-House came out with a Candle; then I called out for the Watch - I cried out Murder before they robbed me - I saw every one of them very plain; I knew them before. I got hold of Warwick; but the three others made off directly; they went about forty or fifty Yards, as near as I can guess; came back again, and knocked me down again.

Q. Who knocked you down then?

Fennel. He in the red Waistcoat, I take it to be Bunn.

Q. Did Bunn knock you down with a Mop stick or any other Stick?

Fennel. It was with a Mop-stick, I am sure of that.

John Burton . The Night this Robbery was committed, we happened to see some Linnen hang out by White-chapel Mount; and we were going out for it; but before we went, we happened to call at the Blue Anchor, and drank a Pot of Beer.

Q. Who went to the Blue Anchor?

Burton. There was Bunn, Leach, Warwick, and myself; while we were there, the Prosecutor came in, he called for a Pint of Beer, and Joseph Leach came up to him, and quarelled with him; the Prosecutor bid him get out of his Company; afterwards, Leach asked us, whether we would rob that Fellow, and we all four consented to do it; he had not got above twenty or thirty Yards from the House before Bunn knocked him down with a Mop-stick, and Leach took his Hat and Wig; after Bunn had knocked him down, Leach leaned upon his Breast, and Warwick took the Money out of his Pocket.

Q. What did you do?

Burton. I held him by the Feet while the others robbed him - we all shared the Money together, that Night (the Linnen we did design to steal being taken in) we went into Spittal fields Church yard, got over a Wall into a Gentleman's Garden, and stole some Linnen; I was taken that Night, and carried to New Prison, and I made myself an Evidence.

Prisoner Bunn. The first Night I saw Burton was at Mr Smith's, the Yorkshire-Grey in Rag-Fair; he called me in, to drink a Pint of Beer, and said, he had robbed a House, and got 15 l. and so persuaded me to go a robbing with him.

Bunn said, he was under fourteen Years of Age; and

Leach said, he was under fifteen Years of Age.

Jury to Fennel How came you to know the Prisoners?

Fennel. I knew them by seeing them in the Neighbourhood; they got their Living by running of Errands, and picking of Pockets - I am a Taylor, I lodged at the Four Crowns in Christopher's-Court, in Rosemary-Lane. Both Guilty , Death .

419 + Joseph Lewin , late of the Parish of West Ham in the County of Essex , Labourer, was indicted, That whereas at a Sessions of Oyer and Terminer, holden at Chelmsford in the County of Essex, on Tuesday the 11th Day of March, in the 13th Year of his present Majesty, he was there indicted, for that he the said Joseph Lewin , after the 24th Day of June, 1731, to wit, on the 14th Day of September, in the 13th Year of his present Majesty, with Force and Arms, in the said Parish in the said County. 64 Yards of Cloth made of Linnen, Cotton, and Yarn mixed, of the Value of 6 l the Goods and Chattels of one Richard Cross , out of the Whitening Grounds of Peter Robin and Simon Burdcaux , did feloniously steal, &c. That to this Indictment he pleaded Guilty, and put himself upon the Mercy of the Court, and received Sentence of Transportation for the Term of seven Years, according to the Form of the Statute in that Case made and provided, as by the Record does more fully appear; and the Indictment charges him that afterwards, to wit, upon the 27th Day of Aug. in the 17th Year of his present Majesty, feloniously, and without any lawful Cause, he was seen at large in Great-Britain, to wit, in the Parish of St Botolph without Aldgate, in London, before the Expiration of the Term of seven Years, for which he was ordered to be transported; against the Form of the Statute, and against his Majesty's Peace, his Crown, and Dignity .

Nathaniel Harris produced the Copy of the Record of the Conviction of Joseph Lewin , with the Order for his being transported; proved it to be a true Copy, for that he had compared it with the Original. Then the Record was read.

Q. Do you know the Prisoner to be the same Man that was tried and convicted at Chelmsford, for the Robbery which is set forth in this Record?

Nathaniel Harris . Yes, I was at Chelmsford at the same Time, and gave Evidence against him; when he was brought to the Bar, he pleaded Guilty.

Q. Are you sure he is the same Person?

Harris. I took him myself, I am positive he is the Man: there was Judgment given against him, but I did not hear Judgment given.

Q. Was you there when the Verdict was given against him.

Harris. Yes, - it was in March Assizes, 1739.

Q. When did you see him at large in Great-Britain?

Harris. I did not see him at large before he was taken, I only saw him since he has been in Custody.

Simon Burdeaux . I heard Sentence of Transportation pronounced against him. - I caused him to be taken in Whitechapel, on this Side the Bars last Saturday was Fortnight; as I was waiting for a Coach in Whitechapel, somebody told me the Prisoner was at the Bulhead Alehouse; as soon as he saw me he laughed, and took to his Heels, and run away. I cried out Stop Thief, and Paine stopped him. - I am a Printer, and live on the Road-side, between Bow and Stratford.

Q. Did he make any Excuse for being at large?

Burdeaux. None at all; he begged and prayed that I would not prosecute him, for if I did he was a dead Man.

Thomas Paine . On Saturday was Fortnight, the 27th of August, I was in Whichapel Butcher-Row, and hearing a Cry of Stop Thief, I turned my Head and saw the Prisoner spring by me very swift, and he turned into Somerset Street, in Aldgate Parish. I being a Headborough of St Mary Whitechapel, I run after him, but being slip-shoed I could not run fast enough, I cried Stop Thief; knock him down. Then he crossed from one Side of the Way to the other. I came up with him, and seized him by the Collar, which gave Way, so I thrust my Knuckles into his Throat, he said, for God's-Sake let me go, I have done no Harm, I have only returned from Transportation; said I, I will stay till the Prosecutor comes up. The People bid him go, and the Mob grew outragious; when Mr Burdeaux came up, he desired I would assist him, and said, that the Prisoner had robbed him, and had returned from Transportation, and that he had threatned Destruction * to him and his Family: I pushed him along as fast as possible towards my Lord-Mayor's-House; the People called us all the Thief-takers they could think of; the Mob arose in Battle-array, so that I said to the Prosecutor, I would assist him no further; but he begged I would. We got him into a Coach, and Dirt was thrown into the Coach by two Women, whom I took particular Notice of. I put him into the Poultry-Compter, and the next Day had him before the Alderman, he acknowledged himself to be the Man, and begged for Mercy; he said, he had suffered a great deal, and begged the Prosecutor that he would not take away his Life; he behaved himself very civilly all the Way.

* At the Time they were conveying the Prisoner from Chelmsford, in order to be transported, as he pass'd by the Prosecutor's House, he threw Stones at Mrs Burdeaux, which broke the Windows, and narrowly miss'd her, using this Expression, G - d d - n you, you B - h, take that.

Prisoner. Did not I tell you that I was going on Board a Man of War directly?

Paine. The Prisoner said he was going on Board a Man of War the next Day; and that he had been but five Days in England; he mentioned one Eades, a Butche, and said he was going in his Son's Room. I asked Mr Eades that, and he said he had no Son, so he could not be going in his Son's Room.

Prisoner. I shipped myself at Philadelhia, the 15th of March, and was to take a Loading of Tar, and then to go to Leith in Scotland. I said to the Captain, it was very dangerous for me to go to London, for I shall be taken up for returning from Transportation; he said I should never fair out of the Ship; he said he would put in at Cowes, and instead of going to Cowes, he came to London; so I ventured on Shore, and there was a Gentleman's Son who was going on Board a Man of War, and I was to go in his Room, and to have five Guineas for it, and was going to the White-Hart in Lemmon-Street about it. I was told to take Care not to come in Mr Burdeaux's Way; it was but the fifth Day that I had been in London; the Ship arrived at London the 10th, and I was taken the 27th. My Captain has waited every Day till Saturday Night, and then he told me he could not attend any longer; he said he was going to Change this Morning.

Q. Who is your Captain?

Pris. Captain John Jewry , the Ship lies at Horsly-down, the Merchant's Name is Lawrence Williams , he lives in Tower-street.

Q. Could not you have got some of the Sailors to have come and proved this?

Pris. There were but ten Sailors, and seven of them were pressed. I have no Friends.

- . I saw his Father last Friday or Saturday at Work, he is a Journeyman Stone Cutter against Whitechapel Church.

Mr Paine being called again was asked whether he was sure the Prisoner was in London; he said when he first saw him he was in the County; but when he was taken, he is sure that he was 40 Yards in the City. Guilty , Death .

420. Henry Harris , of St Bennet Gracechurch , was indicted for stealing a Silk Handkerchief, value 1 s. the Goods of Joseph Cross , Aug 19 .

Thomas Faris . I am almost 13 Years of Age, on Friday the 19th of August, between 9 and 10 in the Morning, I saw the Prisoner pick Mr Cross's Pocket of a Handkerchief in Gracechurch-street; he is a Quaker and Haberdasher of Hats ; the Prisoner was going along with another Man, and I think he gave the Handkerchief to him. - I am an Errand-Boy, I belong to Mr Bray, the Stationer. - I saw him take the Handkerchief.

Prisoner. Did you see me take it?

Faris. Yes.

William Butterworth . - I am past 13 Years of Age. The 19th of August between 9 and 10 in the Morning, I saw the Prisoner pick Mr Cross's Pocket of a Handkerchief, it was in his Coat Pocket; I told Mr Cross of it: The Prisoner walked off on the other Side of the Way, he did not run. - I was in Mr Brown the Shoemaker's-Shop, I lived with him.

Pris. Do you know me?

Butterworth. Yes. Guilty .

[Transportation. See summary.]

421. Eleanor Mackintosh , of the Precinct of St Catherine's , was indicted for the Wilful Murder of Francis Bryan , by giving him a Mortal Wound, with an Iron Poker of the Value of 2 d. upon the right Temple, of the Length of half an Inch, and the Depth of half an Inch, August 18 . of which Wound he languished in the Parish of St George till the 21st Day of August, and then and there died .

She was a second Time charged on the Coroner's Inquisition for the said Murder.

Catherine Collins . I lodged with the Prisoner; my Brother, the Deceased, used frequently to come and see me, and upon this Day three Weeks he came between nine and ten in the Morning, and this Accident happened about 4 o'Clock in the Afternoon, during which Time we had three half Pints of Brandy, between the Prisoner, one Mrs Stewart, an Acquaintance of her's, my Brother, and I; I believe my Brother did not drink half a Glass of it. Mrs Stewart laid down upon the Bed, and the Prisoner said, my Brother went to put his Hand under her Petticoats, and he said, I had no Intention to put my Hand under her Petticoats, I had no Thoughts of it; he said he only laid his Hand upon her, and thought no Harm in it. Then the Prisoner began to curse and swear, and called him a great many Names, and said he had a great deal of Impudence to meddle with any Body in her Apartment, that she was no Companion for him; my Brother said, What is that to you, I will do as I please; the Prisoner made Answer, No, you Rogue, you shall not do as you please in my Apartment, and she took up a short Hearth-Brush, and gave him several Blows upon the Head with it; What, says he, are you in earnest ? Yes, said she, I am, you Dog. Then he took the Brush out of her Hand, and slung it away; then she took up the Bar of the Grate, and was going to knock him down with that; he took the Bar out of her Hand, and threw it away; then she took hold of him by the Hair of his Head, and he endeavouring to get her Hand out of his Hair, scratched her on the Face, and gave her a Push from him, and she fell down backward; then she started up again, took up the Poker, and gave him a dead Stroke on the right-side of the Temple.

Q. Did she strike him with great Violence or no?

Collins. She did it designedly to be sure, for she said before the struck him, You Son of a Where. I will knock your Brains out; - it a had she could strike him; the Poker has a little sharp Point, which was wore away with the Fire, and was like a crooked Nail; it run into his Temple so that there was a Hole I could put the Top of my Little-finger into; when he received the Blow he said, I am murdered, and the Blood and Tears ran down from his Face, and so the Tears did from mine. - She knocked him dead down with the Blow, - it was a small Poker, about the Bigness of my Finger, not three Quarters of a Yard long; - he cried out Murder, and I cried out Murder; he bled about half a Pint.

Q. How did the Prisoner behave?

Collins. She thought nothing of it, she said, he gave her more than she gave him, and did not Care if she had given him six Times as much; then my Brother and I went away; we had two Pints of Beer at an Alehouse, and he said he would go to his Lodging.

Jury. Was there no Surgeon applied to?

Collins. No. my Brother took no Notice of it for two Days - The Deceased was a Glover and Breeches Maker; - he could do no Business after he received that dead Stroke, and did not eat a Morsel, till Death took him, but he drank pretty much Small-Beer and Pump-Water, and that would come up again before it was well down in his Belly: - He received the Wound on Thursday, and was turned cat of his Lodging on Friday Night, and on Saturday Night he got another. - I was with him when he died.

Q. Was he sensible when he died?

Collins. He was a little headful some times, but he came sensible about Half an Hour before his Death, when I got him a Pint of Ale, and rais'd him up to drink it, and after he had drank it, he fell off my Arm like a great Stone, and never spoke afterwards.

Q. Had he any Physician or Surgeon?

Collins. No, he did not mind it for two Days, though the Wound run with Blood and Water, and his Face was swelled as big as three Faces.

Coroner. The Parish where he died would be at no Charge, and no Surgeon would come near him.

Mary Grant . He came to my House, on the Saturday Night, between six and seven in the Evening, and said, the Woman that was drinking with me on Tuesday Night, has given me a Blow with a Poker, that has given me my Death's Wound; and when I am dead she will be hanged for me.

James Flit . On the Saturday Night, between nine and ten, I saw the Deceased at Mrs Grant's and he said, Mrs Mackintosh had given him his Death's Wound; he cried out facly, and said, if he could not be blooded he should die in a Minute, that he had a Pain about his Heart, and desired me to lend him a Hand into St Catherines; I went with him to a Barber's Shop and desired him to bleed him; and, he said, it was a Thing of a very dangerous Consequence, and did not care to do it.

Mary Caddy . The Deceased came to our House on the Saturday Night, when my Mother and I were not at Home; and some of our People took him in; and my Mother was angry, and said, it was hard to bury a Man for one Night's Lodging; the Woman that was with him (his Sister) called us up; I went, and found that he drew his Breath very slow; I said to her, pull him straight, for I thought he was dying; and the Woman cried, and said, he was murdered by one Mackintosh; I got an Officer, and went to take her up: says the Deceased's Sister, you must be pretty sly about it, or she will get away; I left the Officer at an Alehouse, because she should not be apprized of the Thing; I knocked at her Door, and said, Mrs Mackintosh I want to speak to you; she opened the Door, and I thought looked a little surprized at seeing a Stranger; I said, there was some-body wanted to speak with her at the Black-Boy; she said, she would not go; I got within the Door, to prevent her shutting of it; said I, What are you guilty of any Thing that you are afraid of going; may be, I am, said she; I got within the Door, and caught fast hold of her, and cried out for Help; one of the Men at the Alehouse came and took her; says I, you are a vile Jade, you have murdered a Man, and he is now dead at my Mother's House; she said, he would have murdered her - she said, she hit him with a Poker; and that he run to the Grate, and took a Bar off, and hit her with it; and that the twisted the Bar out of his Hand; I cannot be positive whether, she said, she struck him first; she said, he had abused her; and if she had not killed him, he would have killed her

Capt. John Jell . (High Constable) On Sunday Morning, Aug. 21. I heard a Noise in the Square, between six and seven in the Morning, and was informed, that a Woman was taken up; I went to enquire about it, and found the first Evidence in the Cage; I asked the Reason, and they told me it was upon Suspicion of Murder; while I was talking, one of the Headboroughs came with the Prisoner at the Bar; and, they said, This is the Woman that has done the Injury to the Man; I asked her whether she had struck the Man; she said, she had; said I, what did you strike him with? She said, with the Bar of the Grate: then, said I, with that you killed him, for the Man is dead; she clapped her Hands together, in this Manner, having a Child in her Arms, and said, God forbid, and sat herself down, and cried.

Prisoner. Collins made it her brags, that if she did not hang me, she would bring enough that should. -

Collins. I never declared any thing to that Effect - I never mentioned it; I said, I could not tell what would be done to her, for to be sure she murdered him, and she deserves to be hanged.

Prisoner. She said she had murdered her Husband, and had got seven Pounds for it; and that, she would hang me, if she did not get a Farthing for it. The Deceased gave me thirty Strokes upon my Shoulders, Thighs, and Hips; it is very strange, that a strong Man should take any Thing from such an ailing Woman as I am; he called me a thieving B - h; I said, I never did thieve any Thing in my Life; then he gave me several Blows, and I cried out, to awake these two Women, who were upon the Bed, Sarah Stewart , and his Sister; his Sister got off the Bed; I was then all in a gore Blood, and he had tore my Cap off my Head.

Q. Did you see her with her Cap off or bloody?

Collins. She had not a Drop of Blood upon her, but what came from him.

Prisoner. Stewart awoke soon after, and said, Lord! what is the Matter with you; and, he said, bad Luck to you, you Gallows Thief, I will you to Death; and he gave me two Stroke with the Poker, and spit in my Face; I said, You will not serve me as you did the Woman you killed before; and I took the Poker to protect myself, and gave him a Stroke on the Head, but I did not think to kill him.

Q. How came you by the Poker?

Prisoner. I took it out of his Hand, at the Time he spit in my Face, and called me thieving B - h.

Frances Jones The Prisoner's Husband is my Brother; my Husband and I were coming by the Prisoner's Door about one o'Clock, and heard a Cry of Murder; I went in, and saw Obrian, the Deceased, his Sister (Collins) the Prisoner, and Mrs Stewart.

Q. Where were Catharine Collins and Mrs Stewart?

Jones. They were both upon the Bed; Catharine Collins was very much fuddled.

Q. What passed between the Prisoner and the Deceased?

Jones. The Prisoner said, the Man had murdered her; she had her Child in her Arms.

Q. What Marks were there upon her?

Jones. She was all over bloody, and could hardly take Breath with that I called him Villain; he called me a great many B - hes, and said, he would give me as much, if I spoke another Word; with that I took the Child, and came away.

Q. How came you to leave them under such Circumstances?

Jones. Because my Husband would not let me stay; the Deceased being such a vile Fellow.

Q. Did you see any Marks of Violence upon Bryan ?

Jones. Not a Mark in the World.

Q. Did he complain of any Thing?

Jones. Nothing at all - the Deceased two Days afterwards sent for the Prisoner, and desired to make it up, and said, he bore her no Malice, and would had her have drank with him, but she would not; Collins was there, at the same Time, and desired her not to bear Malice.

Q. to Collins. Did not you see this Woman two Days after this?

Collins. This Woman was not within the House all the Time that I lived there; all that she says is false; her Sister has not seen her these twelve Months.

Q. Was not you before a Magistrate, to give an Account of this Affair?

Collins's Examination taken by Justice Richards was read, and agreed with the Evidence she now gave.

The Justice being asked, what Condition the Prisoner was in, when she was brought before him; the Justice said, he believed, she had twenty Scratches all over her Cheeks and Forehead.

Prisoner. The Deceased and his Sister went on Thursday Night to the Black Boy and Trumpet by the Ditch Side; and they being troublesome when they are in drink, they turned them out of the House; he said, he was followed by a Press Gang, and that they abused him very much; but that he did not mind his being beat, if he had not lost his Hat; and that was the Occasion of his Death.

Q. Do you think that his being abused by the Press-Gang was the Occasion of his Death?

Collins. There is nothing in it; I do not blame her, for endeavouring to save her Life - he was not abused by my Press Gang - I do not know any thing of his losing his Hat.

Mrs Grant. The Tuesday Night he was at our House, and say there; I did not see him again till the Saturday Night; and then, I told him, I had not Conveniency for him; and gave him 2 d. to get him a Lodging; his Neck was swelled up even with his Chin, and if it had not been for his Voice, I should not have known him - he talked very reasonably.

Q. to Collins. Where did you go to on Thursday Night, after you had been at the Alehouse?

Collins. We parted at the End of the Lane; and, he said, he was going to his Lodging; I met him the next Morning, and between six and seven in the Evening; and then, he went to Mrs Johnson's, and lay there (she keeps a Lodging House) Mrs Grant was afraid he should die in her House, and so would not let him come there. Guilty, Manslaughter .

[Branding. See summary.]

422. + John Emyns , of Harefield , was indicted for driving against Lucy, the Wife of Joseph Cook , on the Highway; (she being in a Cart drawn by one Horse) with a Cart drawn by four Horses, laden with Chalk; by which the Cart, in which the said Lucy was, overturned; whereby the said Lucy was thrown out of the Cart; and that he, the said John Emyns , did drive the Wheel of the said Cart over the left Leg of the said Lucy, by which he gave her a mortal Wound and Bruise, on the 8th Day of June ; of which she languished, in the Parish of Uxbridge, till the 11th Day of June, and then died; and that he, the said John Emyns , the said Lucy did kill and murder .

Joseph Cook . On the 8th of June, I was going along the Road to Harefield, in a Cart, with one Horse, with Mrs Horabin, Mrs Hildersry, and my Wife; I was going down the Hill, and saw three Carts coming up; the Road was there fifteen Foot and an half wide; I got off the Cart, and drawed out of the Track which I was in, three or four Inches, and stood up against the Bank; so that I think the Prisoner might have gone by without coming upon the Cart we were in; and if he had gone on the other Side of the Lane, there would have been Room enough for a Man to have stood between the Wheels of the two Cart; the Road was not at all dangerous; it was a dry Time; I never knew an Instance of any Cart being overturned there: About five Yards before he came up, to me, I said, honest Friend, or Fellow, he so good as to bold to; with that he took hold of his Horse's Head - he was on the right Side, where he ought to be; he took hold of his Thill Horse Halter, but never spoke a Word; when he came nearer to me, I said or for God's Sake, hold off; but instead of that, he hold nearer to me, and pushed the batt End of his Whip against the Horse's Head, and drove him towards me; and the Wheel went out of the Track, and came against my Wheel; I cried out, for God Sake, stop your Horses - I thought he was very sober, it was about eleven o'Clock in the Morning - the Woman that were in my Cart were sitting in Chairs, and I thought they were very safe then, for the Wheel was locked in; but the Wheel of his Cart drew mine up upon the Bank - one of which was upon the Ground, and the other up in the Air; and then the Women fell out before his Wheel; I had hold of my Horse all that Time - the Women slid out at the Back-Side of the Cart, and so fell before his Wheel - not above a Yard before the Wheel.

Court. I ask you, whether or no he ever stopp'd at all?

Cook. He never stopped at all; - his Cart went over my Wheel, and so over the Women.

Q. When you saw the Wheel so close to your Cart, did you say any thing to him?

Cook. I called to him, but there was not Time for an Answer. - I saw the Wheel go over that young Lady, Mrs Horabin, and I thought she could not have lived; I turned her Coats on one Side, and the fleshy Part of her Leg was tore in such a manner that it was surprizing.

Court. Do you think that after the Women were upon the Ground he could have stopped his Cart?

Cook. I do not think he could, time enough to prevent the Mischief - my Wife died of the Wounds, to my very great Loss: The prosecuting of this Man will be no Recompence to me, but I think I ought to do it in Justice to my Country; as soon as my Wife was dead, I went to enquire after the Prisoner, and he was gone off; the Monday after my Wife was buried, I offered five Guineas to have him taken, and desired a Person to take my Horse, and if he rode 20 Miles that he should endeavour to find out the Prisoner; we could not then hear of him, but the first Time I heard of him at his Master's I had him taken up.

Mrs Horrabin confirmed Mr Cook's Evidence, and said, that the Cart run over her Thigh and her Arm, and broke her Thigh, and that there was Room enough on the other Side of the Road for the Prisoner to have pulled off. - I was in a covered Cart, but not so covered but that I could see through the Hoops.

Mrs Hildersly gave an Account very consistent with Mr Cook's, and that he called to the Prisoner a dozen Yards before he came up with them, that he looked into their Cart, as he was going by, drove on, and said nothing; but cannot be positive whether his Wheel was out of the Track, she being so frightened, that she could not tell whether she fell cut of the Cart, or not, nor how she escaped sowell

Joseph Hawkins . I know that part of the Road is fifteen Foot and an half wide, and that the Prisoner might very easily, and without any Danger, have gone on the other Side; and that the Ruts were not above four Inches deep.

Ralph Sheppard . I drove one of the Carts that were on the Road at that Time, and where Mr Cook drew out of the Cart-Ruts, there was Room for two or three Carts to pass there, without any Danger; and after he got off, he led his Horse two or three Pole, and drew his near Wheel upon the Bank, the Value of two Foot; which occasioned the off Wheel to lean towards the Wheel of the Chalk Cart, and by that Means the Top of the two Wheels rubbed against one another - the Women fell down behind the loaded Cart of Mr Jefferies's - I was four or five pole behind the Cart.

Q. Was there no part of the Wheel of Mr Jefferies's Cart that run over these People?

Sheppard. No, they fell behind the Wheel.

Q. Were any of the Women hurt?

Sheppard. Yes, they were hurt - by the Fall of the Cart - by the Wheel of their own Cart.

Coun. Did not you say, if they gave the Women a good Spank on the Arse, they might get up, and go well enough?

Sheppard. No, I did not say so - the Prisoner could not get out of the Track without over-turning his Cart.

William Braint . I was mowing at the Time this Accident happened; the first Thing I heard, was the Voice of Women, who said, they were all killed; I saw Emyns's Team of Horses run; and I saw him lay hold of the Thill Horse; and the Cart had then gone over the poor Woman's Legs; the Wheel was never out of the Rut - Mr Cook's Cart was down before I saw it; I got over the Hedge, and said, Lord have Mercy upon me, what are you at; I said, Master Cook, how came this Accident, and, he said, he could not tell - the loaded Cart was above Cook's Cart, when I saw it; (that is, past Cook's Cart, one Woman was lying in the Rut; and the that had her Thigh broke was lying athwart the Rut.

Jury. Do you think it was possible for the Boy to stop the Horses at that Time?

Braint. There was no Possibility of stopping them, for the Womens crying out frightened the Horses, and they run.

Q. Could not you, if you had seen Cook's Cart there, have turned out of the Rut?

Braint. No, I could not, the Rut was a Yard deep. Guilty, Manslaughter .

[Branding. See summary.]

423. + Ann Ryder , of St Mary le Bone , was indicted for assaulting Elizabeth Favel , in a certain Field, near the King's Highway, putting her in Fear, and taking from her a Cloth Cloak, value 2 s. her Property , July 27 .

Elizabeth Favel . On the 27th of July, I had been at Pancras-Wells to drink the Waters, and coming Home between eight and nine in the Morning, I met the Prisoner in the Farthing-Pye Field; two Women passed me; and as they passed me, one of them said, Why don't you cut your Coat shorter, and went forward; I turned about, and saw the Prisoner behind me; she came on the right Side of me, pushed me, and asked me if I did not come along that Field (a Field by Tottenham Court) I told her, no; she said, you lie, you did, for you have get my Apron off my Sides; I told her, I had not; for I never saw her before in my Life; said she, Madam, don't deny it, for I have the Strings in my Pocket; and she pulled two Bits of Strings out of her Pocket; she said, you and a Fellow were drinking a Pot of Beer at the Sun, and if I would tell her who I gave the Apron to, she would let me go on, else she would have either my Apron or my Cloak; so she took hold of my Cloak, and pulled it; I said, Pray don't pull it, you will strangle me; said she, Oh, d - n you, so I will. I screamed, and called out Murder; but she took the Cloak, and ran away with it; I saw this Soldier at the End of the Field, and told him that I had been robbed of my Cloak; he went with me to the Edge of the Bank, and Philip Holder brought the Prisoner to me; she had the Cloak on then, she had pinned it on; she told him that I had stole her Apron from her, and he bid her give me the Cloak, and told her I did not look like a Person that would steal her Apron: She unpinned the Cloak and gave it to him, and he gave it to me, so I went home and she followed me home; as soon as I came into the House, I fell into a Fit, and was not able to speak for some Time; the Soldier and Holder came Home with me. - She was without her Apron when she came up to me.

Prisoner. I had been at the Sign of the Sun at Tottenham Court to see for my Brother, and having my Apron cut off, I was in such a Fright that I could not tell whether she had a Cloak on or no.

John Warren . I saw the Prisoner skuffling with this young Woman, and saw her take the Cloak off her Back, and put it upon her own, and run away with it, and ran down a Gravel-Pit. Holder took her, and brought her up the Bank. I asked her how she could take the Gentlewoman's Cloak from her; she said as Mrs Favel has related, and infilled upon keeping the Cloak. I desired her to return it, and go home with her to her Father and Mother; said Mrs Favel, If you say I have stole your Apron, I will give you this which I have about my Middle; but she said, No, that Apron is not so good as mine, mine was a Holland Apron.

Philip Holder says, that he saw her take the the Cloak, and gave just the same Account with the last Witness.

Jury. Was she sober then?

Holder. No, I believe not, I think she was in Liquor.

Methusalah Favel. On the 27th of July, as I was at Breakfast, I heard a hideous Cry at the Stairs-head, I knew it to be my Child's Voice, and she fell into a Fit; I saw the Prisoner standing there, said I to her, Hussy, what do you do there; she said, the Girl, or some such Expression, had got her Apron; said I, Do you think we look like Folks that would take an Apron from any Body, he gone about your Business, or I must send you to the House of Correction. - She made regular Answers, I cannot tell whether she was in Liquor or not.

The Prisoner's Mother said she had lived with her 'till within two Days before she was sent to Newgate, and used to maintain herself at Plain-Work, when she was not at Service, that she got 6 d. or 7 d. a Day. Guilty of the Felony, Acquitted of the Robbery .

[Transportation. See summary.]

424. + Hannah Copestakes , of the Precinct of St Catherine's , was indicted for stealing a Watch with a Silver Case, called a Box, val. 3 l. an Handkerchief, and 4 s. in Money, the Property of Bartholomew Menitray , privately from his Person .

Barth. Menitray. On Saturday, the 9th of July in the Evening, on Tower-Hill I met the Prisoner and another Woman; the Prisoner wanted me to come into a House; I went into a House with them both, and then the Prisoner asked me if I would not have a Quartern of Gin: The Gin was brought and I drank a Dram of it, and it had such an Effect upon me, that I fell fast asleep, and slept from seven to ten. - I had not been drinking to signify any thing, I was as sober as ever I was. After I awoke I knocked for some body, in order to go away, and saw only an old Woman with a Pipe of Tobacco in her Mouth, who asked me, if I would not go away; I said I was willing to go, but feeling in my Pocket, and missing my Watch, I said I was not willing to go, for I had the Watch when I went into the House; after I had asked for my Things, in comes a Soldier with his Hanger, in order to thrust me out, and gave me several Blows; I was going to call the Watch, and the Soldier said, What do you want to ravish my Wife? You Dog, get out, I have a good mind to murder you; and though I was in that found Sleep, I was almost positive it was the Prisoner that took the Watch out of my Pocket. I am positive to her Person that she was with me.

Thomas Thorne . The next Day I was going into the Borough, and met Hannah Copestakes , she told me, that last Night she had napped a Watch, Money and Goods; it was at Fleet Ditch that she told me this; we met the Prosecutor, says he to the Prisoner, you have got my Watch, Money and Goods; she said she had not, but the Tuesday following he took her up with a Warrant; she said the Watch was sold for 30 s. and that she had 10 s. of the Money, but did not know any thing of the rest of the Things.

Prisoner. He has given this Soldier a Guinea to forswear himself, for he said he would not do any thing without a Reward. When the Prosecutor told me I had his Watch, I said if I had his Watch he might take me up. I never went from the Ditch Side; he went to several Justices, and they would not trouble themselves with it. Guilty of the Felony .

[Transportation. See summary.]

425. + Martha Barton , of St Martin in the Fields , was indicted for stealing a Silver Bason, value 5 l. a Silver Fork, and four Silver Tea-Spoons; the Goods of Elizabeth Ellis , in the Dwelling-House of John Panton , Feb. 18 .

Philip Broushier . I am a Silversmith; on the 21st of July last, the Prisoner was brought to my House, and the Person that brought her, said, she had robbed Madam Ellis; said I, take her to the Gentlewoman's, and I will come to you; Mr. Ellis questioned her very much about these Things; and she confessed, that she had taken the Silver Bason out of the Closet; the Bason weighed 22 Ounces; the Prisoner used to be there upon Charity.

Ann Middleton. The Prisoner confessed the taking the Bason, and that she had two Guineas for her Part, but could not tell what it weighted; and that she took the Fork; and the Silver Spoons out of a Box.

John Cole . On the 21st of July, she confessed she took the Bason, and gave it to one Clark, a Chairman, in Maggot's-Court, Piccadilly; and that he sold it to an old Cloath's Man in St Giles's; that she had 46 s. that they made her fuddled, and she spent all the Money. Guilty 39 s.

[Transportation. See summary.]

426. + George Wenscot was indicted for stealing a Handkerchief, value 18 d. the Goods of Simon Onely , privately from his Person .

Simon Onely . On the 22d of July , I was near Bear-Key between ten and eleven in the Morning, I perceived somebody rushing strongly after me, and saw it was the Prisoner; I suspected he had picked my Pocket, and directly catched hold of his Arm; he had then my Handkerchief in his Hand, and I saw him throw it under the Horses on the outside of the Posts; the People would have me have left him to them; said I, If I leave him to your Mercy you will whip him to Death, or drown him; said I, Lad, if you have got any Friends, I will send you to them, and they shall correct you; he said, he had some Friends in Rosemary-lane, and that his Name was Johnson, his Father was a Shoemaker.

Thomas Wood came by at the same Time; said I. this little snotty Boy has picked my Pocket, if you will go along with me I will pay you for going, and take him to his Friends; but I found it was not for my Safety to go so far, so I secured him. Guilty 10 d.

[Transportation. See summary.]

427, 428. + James Stansbury , otherwise Stansberry , and Mary Stansbury , otherwise Margaret Boucher , were indicted for assaulting George Morgan , putting him in Fear, and taking from him one Pair of Silver Knee-Buckles, and one Pair of Silver Shoe-Buckles, one Cambrick Stock, and a Bath-metal Stock-Buckle, a Silk Handkerchief, a Hat, and a Grissel Perriwig, five Moidores, half a Guinea, and 3 s. the Goods and Money of the said George Morgan , in the Dwelling-House of the said James Stansbury , July 17 .

George Morgan . On the 17th of July, I had been in Great-Russel-street, with some old Acquaintance, that I had not seen for several Years; and coming Home to my Lodging, on Ludgate Hill, about four o'Clock in the Morning, I met with a Woman in differently dressed, and very clean; I said, Good Morrow, Madam, you have been very late out, as well as I; said she, I have been to see a sick Person; and this is such a rude Place, that I am afraid of being out; I said, don't be afraid, Madam, I will be your Convoy, you shall come to no harm, I will see you Home; I took her by the Hand, and handed her along, as if she had been a Lady of a Thousand a Year; thinking she was a modest Woman, but I found to the contrary; she took me to a House (I think) in Hanging-Sword-Alley in Fleet-street ; when I entered the House, I thought it looked a little fearful; as being a Traveller, I have seen a great deal; however, I ventured into the House, and went up two Pair of Stairs with her; when I got there, I thought the Place looked a little dmal, not agreeable to my Person, as I thought but I was good humoured, and so staid; I found two Women there, besides the Person I went to with - they were up; she that I went in with asked me to drink a Dram; I told her, as I came from a Dram Country, I would not drink any, they might drink what they pleased, and I would pay for it; the Prisoner came to me (I hope the Ladies will excuse me) and opened the Buttons of my Breeches - I am sure it was the Prisoner - it was the first Time that ever I saw her - she sat upon a Chair over-against me, and gave me all the Encouragement she could; but putting her Hand into my Pocket, I interrupted her, and bid her not use me so; said I, Be honest, and I will be generous: I cannot say, but I might have gone to Bed to this Woman, if they had used me well - not to the Prisoner, to the Woman that conducted me to the House; she undressed herself, and went into Bed; then I had almost undressed myself, and I went into Bed, and put my Breeches under my Head; the Prisoner at the Bar ( Mary Stansbury ) attempted to take my Breeches from under my Head; I saw her, and took hold of her Arm; I told her once over again, Don't use me in this Manner, if you intend I should stay in your House, and, I will be generous enough to you, but that would not do, she made a second Attempt - I believe I lay in Bed about a Quarter of a Minute; for the Creature, who went into the House with me, got out of Bed, slipped on her Cloaths, and went down Stairs; I immediately got up, when I saw what a House I was got into; that it was more for Robbery than Pleasure; I saw a Man come, and whisper to the Women through a Creek, which made me very uneasy; I cannot say it was Mr Stansbury; they were then all three at the Head of the Stairs - there were but three Women in all - when I heard the Man whisper I put on my Cloaths, and was for coming away; but, in the Middle of the Room, as I was coming to the Stairs, the three Women seized my Body; one of the Women got hold of one Arm, and another of the other, while the Prisoner put her Hand into my Fob, and took my Money, five Moiodores, half a Guinea, and three Shillings in Silver; with that I got hold of my Cane - I had no Sword, and it was much better I had not; they struggled a good while before they got away from me; and when they found I should be too hard for them (for I had made three or four Blows at them) one of them cried out, other Jemmy or William, he will murder us all; when I came down Stairs, I met with this Man, that they called Jemmy or William, with a Club in his Hand, either a Broom-stick or a Mop-stick - I cannot say it was the Prisoner; I know it was a Man with a Scarlet Pair of Breeches on, as he had, when I saw him at the Door afterwards - it was between light and dark; it was so light that I could know People very well.

Court. Why the Sun was up then?

Morgan. My Lord, it was not far from being up.

Court. July 17. the Sun rises at half an Hour after four; you said, at first, it was about four when you came from Great Russel-street?

Morgan. I cannot be positive to a Minute; the Man made two or three Blows at me with a Mop-stick, which I received upon my Knees, the Cure of which cost me six Guineas; however, I overcame him with my Cane, and he got into a Shed, and then I got into the Lane or Street, or what you please to call it; when I was out of the House, y shut the Door; and I stood at the Door, and It does not any Thing Door, for I will not go I have Satisfaction; if I lose my Things I cannot help it, but I will have Satisfaction; the Prisoner then threw me my Shoe-Buckles and Knee-Buckles, and flung my Hat and Wig over the Fence to me, and bid me be gone, like a Scoundrel Dog, as I was; I made answer, and told them, I would not go; I took a Piece of Chalk, and wrote my Name upon the Door, and said, I would have Satisfaction, before I went from that Place; and, I believe, I walked about an Hour, before I could see any Body to send for a Constable; Mr Sharrock, at the Three Pidgcons in Fleet street, came to my Assistance; I told him, I had been robbed in that House, and desired he would see me satisfied, in some Shape or other; while I was talking to the Constable; the Prisoner, he came to the Door. and asked what Business I had to walk there; I told him, I had been robbed in the House; he made me this Reply, that he was Master of that House; I said to him, Sir, If you are Master of the House, I desire you would order your Door to be opened, for if you are an honest Man, you will not suffer any dishonest Thing to be done in your House; he said, he knew nothing of it; he had been Abroad all the Night: The Constable heard the Door open, and we went in; said I, Sir, Don't be afraid, I will go in first; we went into every Room of the House; and Mr Sharrock said, I believe Mr Morgan we shall find the Money, and we found it under the Bolster; exactly the Money that I lost - there were no People to be found in the House, but an old Woman, and a little Infant about twelve Months old; then I told the Prisoner, Sir, You very much like the Man that used me; so I charged the Constable with him; carried him to the Bell in Bell-Savage Yard, and from thence to the Counter - I cannot swear he is the Man; I believe he changed his Apparel, and came round about some way or other: he that abused me, was a tall Man. pitted with the Small-Pox [a Description suitable to the Prisoner.]

Prisoner. How came you to go up two Pair of Stairs into a strange House, with a Woman you never saw before.

Morgan. I thought there might be as much honestly up two Pair of Stairs, as up one Pair; if a Man does love a Girl it cannot be helped, but if he does he is not to be murdered and robbed.

Prisoner. Did not you say that Mr Drinkwater and Mr Sharrock persuaded you to this Prosecution?

Morgan. No, I told Drinkwater I heard he was a very great Villain, and I said if he came to me again, I would horse-whip him: tho' he was just to me in this, but he betrayed the poor Woman for the Sake of half a Guinea, and so I found her out.

James Stansbury . Did not you offer to let me go, if I would give you one Guinea more?

Morgan. No, I never said so, for I would not do it for an hundred Guineas; my Character is better known. I would not have my Character lost for any Sum.

James Stansbury . Did you lay your Breeches under your Head when you were in Bed?

Morgan. I did not lie down in the Bed, I laid my Breeches under my Head, but they had but little Time to rest there for the Prisoner would not let them alone long

- Sharrock. On Sunday Morning the 17th of July, I was called up between five and six, and they said there was a Robbery committed at Stansbury's (the Blood-Bowl House). When I came there Mr Morgan was at the Door, and said, he had been robbed in the House, and that he would not leave the Door till he had Satisfaction; presently I saw Mr Stansbury standing there, said I to Mr Morgan, Do you think you should know the Man if you saw him; he turned about, and saw Stansbury, and said, I believe that is the Man, and he charged me with him. I desired Mr Stansbury to give Leave for somebody to get over the Pales into the House; he denied it, and said he had been out all Night, and he would not give Leave. After I had waited there about a Quarter of an Hour, the Door was opened, - a Girl opened the Door, and then we went up Stairs, and the Girl said, May be, Mr Sharrock, you may find the Money upon the Bed in such a Room, for the Captain was there; I said to Mr Morgan, You will have your Money again, for I have seen this Trick several Times, and there the Money lay under the Bed not as if it had sell out of any body's Pocket, but in a regular Order; there were five Moidores, Half a Guinea, and three Shillings. Then I took Stansbury to the Bell, in Bell-Savage-Yard, and told him what Money was lost. The Captain had then made a Mistake of a Guinea. he thought he had lost a Guinea more, and Stansbury said, He would leave his Watch, and make him any Satisfaction if he would let him go; I told him as I had got him, and several Robberies had been committed in his House, I would not let him go, without being discharged by a Magistrate.

Prisoner. How came you to know of the Blood-Bowl.

Sharrock. Because I saw it in the News-papers.

Prisoner. Was it not Drinkwater's putting in?

Sharrock. I have heard so, - I have heard him say so.

Mary Stansbury . Have not I let you go all over the House, to see if there were any Trap-doors as it was represented?

Sharrock. I have looked over the House, and there is not any Trap Door, but there's a Way to get out into the Neighbours Yard, and so from one to another, over little low Walls.

Joseph Hawker . I live in Hanging-Sword-Court. On Sunday the 17th of July, about a Quarter after four in the Morning, I saw James Stansbury , his Wife, and two other Women, had been driving a Gentleman out of the House, and saw the Gentleman without Hat or Wig. I saw James Stansbury with a Broom stick in his Hand in the Yard; I saw some Sticks wavering, but I could not see how they fell. Mrs Stansbury called to the Gentleman by the Name of a black guard Son of a B - ch, or some such Name, to come and fetch his Buckles, and she stood with a Mop in her Hand, as if she would have jobbed it into his Face; then I say her put the Buckles down upon the Bench, and saw her go into the House, and afterwards saw his Hat thrown to him. I went down to the Gentleman, and he told me had been robbed; I told him he could expect no better in such a House as that.

William Panton confirmed the former Evidence, and says that he heard the Prisoner Mary, and another Woman, cursing and damning the Gentleman; that the Prisoner Mary, asked who was afraid of him, and said that he had not acted a generous Part, that he had not paid for his Lodging, nor given the Maid a Shilling.

This Witness was asked what Trade James Stansbury was to which Stansbury replied, I am a Clock-maker.

Simon Plumpton . On the 17th of July about 4 o'Clock in the Morning, I saw a Gentleman come out of Stansbury's House, and a Woman followed him, and the Gentleman gave her two or three Blows; and a Man followed the Gentleman with a Mop-stick, and made several Strokes at him, but he guarded them off with his Cane very well.

Court. Where were the Blows given you, Mr Morgan, in the House?

Morgan. No, in the Yard, my Lord.

Plumpton. When she saw Mr Morgan set him pretty hard, she said, D - n him, he will be too hard for us; take the Pistol and shoot the Dog.

Morgan. I heard the same Expression, but I had forgot it.

Edward Jones . I saw Stansbury's Wife throw the Buckles, and sling the Hat and Wig over the Pales; and about half an Hour after I saw James Stansbury come up Fleet street, about one hundred Yards from the Place.

Ann Buckley says, she looked out of her Window, July 17, and saw Mr Morgan, without Hat, Shoes, or Wig and heard the Woman Prisoner say, You Villain, don't say I have robbed you, here's your Buckles; but does not know whether she gave them into his Hand, or tossed them; and that she threw his Hat and Wig to him; that she heard her say, knock him on the Head with a Broom-stick, but did not see the Man Prisoner.

Ann Philips . The Prisoner, Mary Stansbury , brought the Buckles to the Prosecutor, and said, Here, you Son of a B - h, don't say I have robbed you, and threw his Hat and Wig to him.

Prisoner Defence.

John Ray . The 16th of July about half an Hour after 12, I went to the George by the Fleet-Market. and saw James Stansbury , and I am sure he was not out of the House till four o'Clock the next Morning. I am a Joiner, and live in Blue-Court, on Saffron-Hill.

Mary Studock . I am the Prisoner's own Sister, I was in Labour the 16th of July, and sent for her; she was with me from between six and seven in the Evening, till 11 o'Clock the next Day, and then she was sent for, because her Husband was taken up. My Husband is a Taylor, and lives the Backside of St Clements.

Hannah Smith . The Prisoner went to Mary Studock's, on Saturday the 16th of July, between six and seven in the Evening, I staid till between nine and ten, and left her there.

Morgan. This very Woman came drunk to my Lodging, and said she would swear any Thing before I should hurt her Sister.

John Studock says, he went home on Saturday Night between 11 and 12, and the Prisoner Mary was with his Wife, and staid till 12 o'Clock, on Sunday Noon, and that there was no body there but his Wife, the Prisoner, and himself.

Q. Was not Hannah Smith there?

Studcock. Yes, she was backward and forward.

Juliana Stansbury . I am the young Man's Mother, and I do say, that at the Time this Robbery is sworn against them, one was at a Publick-House, and the other was with her Sister. I lived with them at that Time; he went out about five in the Afternoon, and she about seven, and I did not see her again till 11 o'Clock the next Day.

Hester Grant . My Mistress was sent for to her Sister, the 16th of July between six and seven, and did not return till I went for her the next Day, between 11 and 12.

Morgan. The old Gentlewoman begged and prayed me to be favourable to the Prisoners, and owned that they were both in the House.

Jer. Button. I went to enquire for James Stansbury , the 16th of July, between 11 and 12 at Night, and the Maid said they had been both out all the Evening.

Elizabeth Jones and John Laven had known James Stansbury , one twenty-five Years, and the other twenty three Years, and that he always behaved well and bore a good Character.

Josiah Rouse , a Master Taylor in Black Fryars, has known Mary Stansbury about three Years, and never heard an ill Character of her.

Elizabeth Slig and Elizabeth Boyle her a good Character.

James Stansbury , Acquitted . Mary Stansbury , Guilty , Death .

429. + William Cotes was indicted (toge ther with Marmaduke Prothero , not taken ) for feloniously and traiterously forging, coining, and counterfeiting, six Pieces of false and seigned Money, to the Likeness of good and lawful Money called Half-Crowns, &c. July 23 .

Thomas Gray . I was Turnwheel to Mr King, Pewterer in Gracechurch-street , when this Fact was committed, the Prisoner and Marmaduke Prothero , were his Apprentices . - I saw Marmaduke beat out two Pieces of Lead flat and smooth with a Hammer upon an Anvil (Cotes was by at the same Time) he nail'd one of them to a Piece of Board, and turned a round Hole in it, - he said it was to cast a Seal for a Watch; he turned it to the Bigness of a Half-Crown and hollowed it, and then fixed a Half-Crown upon it. After he had done that Piece he nailed the other Piece on, then he hollowed it to the same Circumference, and half the Thickness; so these two Pieces of Lead were one Mould; after he had done that, he held the Hollow of each Piece over the Candle and blacked it with the Smoak; then he put the two Pieces of Lead together, and put a Half-Crown between them, and laid it upon an Anvil; (he made the Impression before he smoaked it with the Candle) and gave it a Stroke or two with a Sledge-Hammer, and then there was the Impression of a Half-Crown on each Side of the Mould; then he took some of the Metal that my Master makes his best Pewter of, put it into a Ladle, melted it, and poured it into the Mould, and it came out in the Shape of an Half-Crown; then he said to William Cotes , this will serve well enough to give to the Whores, if we have an Opportunity.

Q. Did the Prisoner make him any Answer?

Gray. I do not remember, that he did; Marmaduke, made three or four at that Time, and filed the Edges to make them smooth, I did not see the Mould again for a Fortnight; when he destroyed that, and in the like Manner made a Mould for a 36 s. Piece; he did not use that Mould, that I know of; he had a Sort of Metal, what it was I cannot tell, but to look at it, it was like a Piece of Glass, he put that into the Ladle, and held it till it was red hot, but it would not melt; William Cotes then said, You can do nothing at that, Duke, I would have you let it alone, and do no more about it, he laid it by at that Time; the next Day, or the Day after, he melts some Lead, and pours it into two Parcels as before. beats them out flat, and nails one of them to the Block, and makes a Hole in it, as he did before; after he had made one, he bid William Cotes do the other; William Cotes tried, but could not do it so well as he - he asked William Cotes to make the other half Mould; Cotes said, Make an End of it yourself, for I will do no more about it; Prothero made an End of it himself, and did it to his own Liking; after it was done, and he had made the Impression, he held it over my Master's Pit of Metal, to melt the Edges off, because he thought it was too broad - he held the Mould over that Mettle to melt the outside Edges off; and doing that, he made it so hot, that it all run in, and he lost his Mould: William Cotes said, you have spoilt my Master's Pot of Metal, and that he could not cast the Basons; which made a great Confusion between them two at that Time; and no more was then done: The Saturday following, my Master went to his Country-Seat at Camberwell; in the Afternoon, Marmaduke came down into the Cellar, and made another Mould for Half-Crowns, as he did the first; he made the Impression, and finished it by himself; after he had done it, he melted down some of my Master's Metal, and poured it into the Mould, and it came out in the Shape of a Half-Crown.

Q. How many were there cast at that Time?

Gray. There were eight or ten cast.

Q. Who cast them all, Marmaduke, or the Prisoner?

Gray. Sometimes one cast, and sometimes the other.

Q. Are you sure that the Prisoner cast any?

Gray. I saw him cast some.

Q. What do you mean by casting?

Gray. I mean the pouring the Metal into the Mould - sometimes they came out with Holes in them, and then they threw them into the Pot again.

Q. Who threw them in again?

Gray. Cotes threw some in.

Q. Can you tell, who cast them that were cast whole?

Gray. I cannot tell whether Cotes cast any that came out whole.

Q. Did William Cotes cast any that were cast perfect?

Gray. I cannot say that he did, I would not say it for the World - After they were cast they filed the curside Edges off.

Q. Did Marmaduke or Cotes do it?

Gray. I saw Cotes and Duke do that; after that they left off at that Time, and on the Monday Morning, when I came to work, they seemed sorry for what they had done; and said, they would do so no more; the Wednesday after that, we were casting Plates and Easons again; and William Cotes took the two Moulds, that which was for the 36 s. Pieces, and that which cast the Half-Crowns, and melted them down in my Master's Iron Ladle, and threw them under my Master's Pit; and said, that there never should be any such thing done more while he staid; - the Prisoner was taken up the next Day, - Duke was run away; he went away on the Wednesday; when Cotes melted the Moulds down, he had some of the bad Pieces by him, that they had made, and he put them into the Pit, and melted them.

Q. What made Duke run away?

Gray. I believe it was upon the Account of something that Mr Stevens had heard, and he charged him with it, and he run away.

Q. Do you know what they did with these eight or ten that they cast?

Gray. I heard them say, they had put some off with Whores - I heard them both say so.

The Court, in Compassion to the Prisoner, Considering the little Share he had in this Affair, and his immediate Repentance, recommended it to the Gentlemen concerned for the Crown not to proceed any farther: And no other Evidence was offered, whereupon the Prisoner was Acquitted .

430. + John Smart , of St Olave, Silver-street , was indicted for stealing a Watch, value 3 s. the Goods of Clement Dean , and one other Watch, value 40 s. the Goods of William Rand ; in the Dwelling-House of William Rand , July 20 .

William Rand . The Prisoner is my Apprentice; I lost two Watches, and charged him with them he told me, he had pawned one of them to Mr Kay in Chick-lane; and the other, he had lent to one Mr Westal to wear, I have had both the Watches again; Mr Kay said, the Prisoner pawned the Watch to him; and Mr Westal said, the Prisoner lent him the Watch to wear, and said it was his own; and in about ten Days he borrowed a Shilling of him; and some time afterwards said, he would give him the Watch, for the Services he had done him.

Prisoner. I do acknowledge I took the Watches, I was very much in Liquor when I did it, and did intend to replace them.

Mr Rand said, he had a very good Character of him when he took him - he was a Turnover.

William Bent . Richard Witcher , and John Holland , knew him Years before he was an Apprentice, and good Part of his Apprenticeship, and gave him a very good Character. Acquitted .

431. + Ann Marlow of St Brides , was indicted for stealing fifteen Yards of Brocade Silk, value 4 l. the Goods of Robert Lathropp , in his Dwelling-House , July 28 .

Robert Lathropp . The Prisoner was my Servant ; I missed some Things, both above Stairs and below, among other Things, this fifteen Yards of Brocade, which the Prisoner had pawned by St Brides Church; the Pawnbroker shewed it to me, and it had my Mark; he told me a young Woman pawned it to him; I suspected the Prisoner, and got some Friends to be present while I examined her; I charged her with it, and she positively denied that she knew any thing of the Matter; when Mr Tilliard saw her, he said, she was the Person that pawned it to him.

Jos. Tilliard proved the Prisoner's pawning of it, and that she said it was her own; and said, he lent her a Guinea and half upon it.

Lydia Lissier . I have known the Prisoner about a Year; she lived two Years with my Brother in the Country, and he trusted her with all he had; I have intrusted her with the Value of three or four hundred Pounds in Gold and Silver Watches, and she never wronged me; my Husband is a Watch-maker.

Mary Lynel , and William Wood said, she has been intrusted very largely, and gave her a very good Character. Guilty 10 d.

[Whipping. See summary.]

432. Abraham Whitehead , of St Andrew Holbourn , was indicted for stealing a Box-Iron, val. 4 s. the Goods of John Giles , August 19 .

Mr Giles said that he lost it from his House, the Flying-Horse, in Blackman street; that he happened to find it at Mr Jess's on Holbourn-hill, and asked the Price of it; they said 7 s. that he was pretty warm about it, and said this was mine Yesterday. though it is here to Day; and I gave but six Shillings for it; he said, that he afterwards found out the Prisoner; and that Mrs Jess said, she bought it of him for 2 s. 8 d. Guilty .

[Transportation. See summary.]

433. William James , of St Margaret, Westminster , was indicted for stealing two Tablecloths, value 2 s. the Goods of Elias Jones , April 13 . Acquitted .

435. John Wade , of St James, Westminster , was indicted for stealing two Brass Weights, value 4 s. the Goods of William Proctor . Guilty 10 d.

[Transportation. See summary.]

436. Ann Lambourn , of St Margaret, Westminster , was indicted for stealing a Silver Tea-Spoon, value 18 d. the Goods of Elias Lloyd , Aug. 30 .

The Prisoner's Mistress acknowledged, that the Girl had given her another Spoon in the Room of it. Acquitted .

437. Elizabeth Muckleston , otherwise Irish Nell , was indicted for stealing a Gold Ring, with three Brilliant Diamonds , the Goods of .

- . On Sunday the 17th of July , I met the Prisoner in Cheapside , she took me by the Hand, and asked me to give her a Glass of Wine, I pushed her, and called her impudent Creature; when she had got the Ring off my Finger, she let me loose and ran down Paternoster-Row; I pursued her immediately, and she was taken in Paternoster-Row. I am sure she is the Person that took the Ring off my Finger, - I did not touch her any otherwise than by laying held of her to secure her.

Lacey Harves. I was coming into Paternoster-Row, and I heard a Gentleman call out Watch, I turned about to hear where the Voice came from, and saw the Prosecutor holding the Prisoner by the Hand, and he desired me to lay hold of her for she had taken a Diamond Ring off his Finger of 8 l. value. I took hold of her till the Watchman and other Persons came about her, and then I let her go directly.

Samuel Morris . I picked up a Ring the 18th of July off the Ground as I was taking down the Window Shutters between six and seven in the Morning. (I head an Outcry over Night) and a Barber's Boy told me where the Prosecutor lived; and he owned the Ring. Guilty .

[Transportation. See summary.]

438. + Phebe Lewin , of St Mary Whitechapel , was indicted for breaking open the Dwelling-house of William Harley in the Day-Time, no Person being therein, and taking a Cloth Coat, value 10 s. a Waistcoat, value 3 s. a Pair of Breeches, value 18 d. a Sheet, value 4 s. and a Tablecloth, value 1 s. &c. the Goods of William Harley , July 1 .

William Harley . In July last I came home one Night about eight o'Clock, and being tired I went to Bed; the next Morning I arose between four and five, and found my House had been broke open, and all my Things gone; the back Window was unkey'd, and the Window-shutter put up again; there was a Pane of Glass taken out at which a Person might put their Hand in and open the Casement. I took up a Person that I mistrusted, and she cried out Murder, and then the Neighbours described the Prisoner, and said they saw such an one go in, but they did not know her Name. Upon hearing a Noise and Disturbance, the Prisoner who lodged at the next Door, came out; then one of the Neighbours swore that she was the Person that went in and out twice. The Prisoner said if I would not hurt her she would tell me where the Things were, she went with me to the Pawnbroker's and asked for the Things; they brought them out, but would not let me have them without paying the Use, tho' I told them they were my Things that were stole, and there was their Prisoner; the Prisoner ran away and went to her Lodging, and I took her that Night.

Sibil Neale. I saw the Prisoner go out of the House two or three Times about 12 o'Clock, but I cannot say she brought any thing out with her.

Prisoner. There was a Woman lived in this old Man's House, and he made his Will, and she was to have every thing he had when he died; her Name is Elizabeth Todd , she passed for his Wife; he took her up along with me, and carried her before the Justice, and as soon as the Justice committed me, they went out Arm in Arm and he went Home with her.

Harley. - Elizabeth Todd did not live in my House, I did not go home with her.

The Prisoner produced a General Release * from the Prosecutor, dated Aug. 1, 1743. Acquitted .

* It is not in any Persons Power to release a Felony, but it is in a Person's Power to release a Trespass; by the old Man's giving her a Release, it looks as if he only took her to be guilty of a Trespass.

439. Mary Bates , otherwise Booth , was indicted for stealing a Globe Lamp, value 3 s. the Goods of George Harrison , Aug. 27 .

George Stennet . This Lamp belonged to No. 2 in Lincoln's-Inn, and was found upon the Prisoner: this is the 17th Lamp we have lost from the two Inns of Court, Guilty 10 d.

[Whipping. See summary.]

440. + Susanna Dalton , was indicted for stealing 14 s. 3 d. the Money of John Wickham , privately from his Person , July 1 .

John Wickham . On the 1st of July, a little before two in the Morning, the Prisoner stopped me, and picked my Pocket of 14 s. I felt her Hand in my Pocket; there was 6 s. 9 d. picked off the Ground by the Watchman.

John Walker , the Constable, said, he found 3 s. 3 d. upon the Prisoner; the Gentleman said, he was robbed of 14 s. and a Pocket-piece; and some-body said to her, If it was not for the Pocket-Piece you would be easy; she said to the Prosecutor, search your Pocket, and you will find it, and it was found there. Acquitted .

441, 442. Catharine Davis , and Eleanor Smith , otherwise Mac-Dormot , were indicted for stealing thirteen Guineas, the Money of John Connel , privately from his Person , Aug. 22 .

James Barlow . When Davis was taken up she owned she robbed the Man, but that one Leeson a Soldier had robbed her of it again, and Smith said she saw Davis pick his Pocket; they were suspected by scattering the Money about, and so were taken up on Suspicion.

The Prosecutor did not appear. Acquitted .

443. Walter Foreman was indicted for stealing a Midling of Leather value 11 s. the Goods of Joseph Andrews , June 13 . Guilty 10 d.

[Transportation. See summary.]

444. Elizabeth Holder was indicted for stealing six Yards of Bays, value 6 s. the Goods of Henry Wickenden Aug. 18 .

Henry Wickenden deposed he lost this out of his Shop Window; and Thomas Wright that he saw the Prisoner take it off the Bulk, and put it under her Apron. Guilty .

[Transportation. See summary.]

445. Catherine Wood was indicted for stealing a Hat, value 2 s. a Perriwig, value 5 s. the Goods of James Barbersau , Aug. 21 .

James Barbersau . On the 21st of August coming Home pretty late, and finding out Family were in Bed, I sat upon the Monument Steps; the Prisoner said, Come along with me to Darkhouse Lane, and you shall lie with me for a Shilling; I said, Go about your Business, I will have nothing to say to you: She took my Hat and Wig off my Head, and run into Dumpling-Alley, I ran after her, and said, I am after you; I called the Watch, and presently after I saw her come out of the Alley; said I, Madam, where's my Hat and Wig; she said she knew nothing of them. I charged the Watch with her, and she said she saw the Wig lying in the Alley, and the Watchman found it; there I lost my Hat.

This was confirmed by the Watchman. Guilty .

[Transportation. See summary.]

446. Susannah Canning was indicted for stealing eighteen Yards of Ribbon, value 3 s. 6 d. the Goods of John Sage , and John Gopp .

John Sage . I saw the Prisoner take the Ribbon, went after her, brought her back, and saw the Ribbon taken out of her Apron; there was a Man waiting for her; she said he sent her in, and that he employed her to steal Things, and he sold them: She said he sold 40 Yards in Holbourn, but a little before. Guilty .

[Transportation. See summary.]

447. John Stevens was indicted for stealing a Linnen Gown, a Handkerchief, two Caps, a Cambrick Stock, and a Muslin Apron , the Goods of George Robinson , July 12 .

Thomas Williamson took the Prisoner in the Minories, brought him back to Crulched-Fryars, and found the Goods upon him. Guilty .

[Transportation. See summary.]

448, 449. + Ann Duck , * and Alice Norman , of St Sepulchres , were indicted for assaulting Thomas Greetham , in a certain Dwelling-House to the Jurors unknown, putting him in Fear, and taking from him 5 s. in Money, a Pair of Silver Clasps, and a Steel Busk, his Property , August 17 .

* She was tried last Sessions for robbing John Andrews , Vide No 297. In January Sessions she was tried for robbing William Cooper , Vide No 77.

Acquitted; the Prosecutor not appearing .

450. Edward Knight was indicted for stealing Half a Guinea, and 6 l. 4 s. in Silver , the Money of John Bromley , August 5 .

John Williams . As I was going up Cheapside the 5th of August, near the Old Jewry , I was stopped all on a sudden by some Fellows, some behind and some before me; I felt a Man push me on the left Side, and immediately I felt his Hand at my Pocket, part of his Hand was in my Pocket; I felt a Purse drawn out of my Pocket as if it had been done by a Hook, (I had another Purse that lay lower in my Pocket, in which was Forty Guineas) just after the Purse was gone out of my Pocket, I saw it in the Prisoner's Hand; I clapped my Hand upon it, and took it from him, and laid hold of his Arm, and he drew me cross the Street, and endeavoured to get away. - The Purse was not concealed, it was open in his Hand, and he said he picked it off the Ground; when I took hold of it he said, Here's your Money again, I was not going to rob you. - I am sure it was less than a Minute after I felt it drawn out, that I saw it in the Prisoner's Hand: - I think, he had not Time to take it off the Ground; I am sure the Purse never was upon the Ground, and that he did not stoop to take any Thing up.

Walter Durant . I was carrying some Cloth into Gracechurch street; there was a stop at the Corner of the Old Jewry, and seeing a squabble, I stopped, and saw the Prisoner hold a Purse up in his Hand above his Head, and the Prosecutor seized his Hand, and said, This is my Purse; and the Prisoner said, in Case it is your's 'tis at your Service.

Richard Chamberlain . There was a stop by a Coach at the Corner of the Old Jewry, and I saw the Prisoner take a Purse off the Ground, and hold it up before the other Person made any Clamour about it. - I am a Carpenter, and lodge at Mrs Stevens's in Shorts-Gardens, she is a Printer, I was carrying some Papers for her to the Green-Dragon, in Bishopsgate street.

Catherine Stevens deposed, that Chamberlain was carrying some Mathematical Schemes for her, that were to go to Cambridge and that she saw the Prisoner take the Purse off the Ground; she said, she never saw the Prisoner before then in her Life.

James Lewis . I keep a Publick House at the Three Tuns, at Billingsgate, the Prisoner belonged to a Club at my House; he sold Linnen about Town, and sold a good deal of Cloth among the Gentlemen of the Club, they were People of Reputation, and all of them Housekeepers.

Joseph Day , who lives at the Swan at Tottenham-Court, saw the Prisoner take up the Purse.

- Clark. I am what you call a Lighter of Lamps. - I agree with People to furnish them with Lamps: - I am a Housekeeper, and live in St Giles's, I let him a House, and when he lived there he bore a good Character.

David Dalton , Mary Pepper , and George Story , gave the Prisoner the Character of an honest, sober, well behaved Man. Acquitted .

451. John Gwyn was indicted for assaulting Catherine Gibbons , on the King's High-way, putting her in Fear, and taking from her a black Gelding, val. 3 l. the Property of Richard Gibbons .

Catherine Gibbons . On the 9th of May , as I was coming from Edmonton to London, with one William Holt , in a Chaise, one John Hague , and the Prisoner, stopped me in the Road at Stanford Hill, and Hagus damned me for B - h, took the Horse out of the Chaise, and said, I should ride no farther; turned the Chaise round towards the Country, and they whipped the Horse towards London.

Q. How far was Gwyn off you when Hague took the Horse out?

Catherine Gibbons . As far as it is from one Wall to the other. - I knew Hague, by dealing with him in the Grocery and the Tea Way. - I never saw the Horse nor Mr Hague since.

Q. Was not your Husband greatly indebted to Mr Hague? Did not he owe him 217 l.

Catherine Gibbons . I know he was indebted to him. - I do not know how much.

Q. Did not you know Gwyn, to be a Marshal's Court Officer? Gibbons. No.

Q. Did not your Husband buy this Horse of Hague ?

Gibbons. Yes, he bought it of him a Year and a Half ago.

Q. Did not he say, The Horse is my own, and I will have my own Goods?

Gibbons. I believe he did say so.

Mr Holt confirmed Mrs Gibbons's Evidence with respect to Mr Hague's taking the Horse out of the Chaise, that he said the Horse was his, and he would take it away, and mentioned something of Mr Gibbon's owing him 150 l. or there abouts, and that the Prisoner held his Horse the mean Time.

It not appearing to be a felonious taking, the Prisoner was acquitted .

452. Robert Neale was indicted for stealing 50 lb. weight of Sugar, value 10 s. the Goods of Persons unknown, August 31 .

William Pope . I am a Sugar-Baker by Well Close-Square; one Evening, between Six and Seven, the Prisoner offered me some Sugar to sell, it was in a Bag, and I, suspecting it to be stole, would not buy it.

John Tomkins . Mr Pope told me, he believed, that Fellow had got some Sugar that was stole, and that I should do Service to my Country to take him; I asked him how he came by it; he first asked what Business I had with that; then, he said, he was going with it to Schoolhouse-lane, then to Cut-Throat-Lane; he said, it belonged to one King in Cut-Throat-Lane; then, he said, he was to go to St Catherine's with it; then to a Dutchman, a Sugar-Baker, against the Watch-house in Ratcliff Highway (that is Mr Pope) - the Sugar was as wet as Muck, and the Bag as wet as if it had been dipped in Water - I believe, when he came before the Justice, he did say, it belonged to one King of Shadwell-Market - King came, and saw the Sugar after the Prisoner was committed, and said it was his.

John Richards . After I was charged with the Prisoner, there came a little Man. and said, How dare you to stop my Goods; Mr Tomkins said, You shall not have these Goods; he said. he had a Bill of Parcels of it: That is the Man, that King, with the Ruffles, he rents a House of 5 l. a Year, and I rent a House of 15 l. - and I cannot afford to wear Ruffles.

King. My Name is Robert King Parkinson .

Lawrence Welch *. I was seat by Robert King Parkinson , to follow the Prisoner, to see, that he did not lose or embazzle the Sugar, for he is a very foolish Fellow when he is drunk - There was 36 Pound of Sugar, and I was to take 15 s. for it.

* Lawrence Welch was tried in May Sessions for stealing Wool, and acquitted. No. 267. p. 178.

Robert King Parkinson insisted, that the Sugar was his, and that he bought it of Mr Chitty at 28 s. per Hundred, and had sold it at 30 s. Acquitted .

453. William Byrne , otherwise Berne , was indicted for stealing eight Pounds of Cheese, value 2 s. 4 d . the Goods of Stephen Roberts , Sept. 3 . Guilty .

[Transportation. See summary.]

454. + Susanna Wheeler was indicted for steal ing one Cotton Gown, value 10 s. the Goods of Isaac Feare , in his Shop , Aug. 23 .

Isaac Feare . I keep a Linnen-draper's Shop in Holbourn; the Prisoner snatched this Piece off the Bulk, as it hung out.

John Leake I live over-against the Prosecutor; I saw the Prisoner looking at a Piece of Goods, that hung out over the Bulk, and presently she gave it a Jerk, and clapped it under her Apron, and immediately she set up a run.

Alexander Holland . I saw the Prisoner run, and drop this from under her Apron. Guilty 4 s. 10 d.

[Transportation. See summary.]

455. Catherine Conniers was indicted for stealing a Looking-Glass, and sundry Pieces of Furniture, the Property of Richard Farrel , in her Lodging , July 17 .

It appeared, that the Prisoner had pawned the Goods; and that the Prosecutor's Wife owned, she had frequently lent the Prisoner Things to pawn, but did not lend any of these Things. Acquitted .

456. Amy Blathet of St Giles in the Fields , was indicted for stealing one Cambrick Mob, value 2 s. a Handkerchief, value 2 s. the Goods of Thomas Fox , June 3 .

Thomas Fox . I know nothing of the Robbery, but what my Wife told me.

Mary Fox . I lodged at the Prisoner's House in June 1742; she kept a disorderly House in Brown's Gardens, and sold K g of Beef, Ox-Cheeks, and Drams - my Husband is a Surgeon and Apothecary - her Husband was taken up for a Conspiracy, and carried to the King's-Bench Prison, on the other Side of the Water, and lay there six Months - I lost two Mobs and two Handkerchiefs, and found my Mob upon her Head - and my Handkerchief about her Neck; she wore them publickly.

Prisoner. I kept a Cook's-Shop; they lodged three Months with me, and never paid me a Farthing; they made such a Disturbance that I turned them out.

Mary Fox . We were there but three Weeks; I paid her a Shilling a Week.

Dr William Millington . - I am a Doctor of Physick - I have not taken my Degrees - I have a Diploma from the Bishop of London.

- Ambler, a Marshal's Court Officer, produced a promissary Note of Thomas Fox 's Hand, payable to George Blathet , or Order, for five Pounds.

Millington. Mr Ambler sent to me several Times, to desire me to keep my Servant from coming. I know nothing of the Robbery - Thomas Fox is my Servant.

Q. to Fox. Is that your Hand?

Fox. Yes; but I had no more Value for it than nothing; I rented an empty Room of her for three Weeks, in the Time of my Necessity; I rent a House of 24 l. a Year now.

- Ambler. I arrested the poor Man (Blathet.) and when I had him in Custody he said, If you do not stand my Friend, I shall be ruin'd; says he, Fox owes me five Pounds for which I have a Note of of his Hand. I went with this Note to Fox's House, and told him, if he did not pay it, I must arrest him, says he, If this is the Case, they shall not be long out of Newgate, and in a Day or two the Robbery was sworn against the Woman. Fox owned that he had the Value of the Note at that Time. One Mr Eastwood a Soilicitor, swore her Husband into a Conspiracy, and he was kept in Custody till be could raise a little Money to get himself discharged; the other never followed it. Her Husband was a Butcher in Carnaby Market, in pretty good Circumstances; but the swearing him into that Conspiracy cost him near 100 l.

Roger Hiller . The Prisoner and her Husband have the Character of very honest industrious People. Mr Fox's Wife speaking to me of this Robbery said, My Husband has made me forswear myself.

Esther Honeyball . Mrs Fox was speaking to her Husband about this Robbery, and she said, What must I swear, must I swear that she robbed me, and he said to her swear hard. - I lodge in the House with them.

Sarah Williams . I live in the House with Mr Fox. One Day he had been beating his Wife all the Morning long, and I heard Mrs Fox say, D - n you, you Rogue. you have been the Ruin of me, Soul and Body, you have made me take a false Oath against poor Blathet, and I am afraid my Soul is damned for it. Acquitted .

Court. Mrs Blathet, your Character is fully vindicated; but don't be induced to bring an Action on this mallcious Prosecution.

457. Jane Maynard , of St Giles in the Fields . was indicted for stealing a Pair of Linnen Sheets , the Goods of Thomas Collay , July 17 . Guilty 10 d .

[Transportation. See summary.]

458. + Lydia Millin , otherwise Adler was indicted for breaking and entering the Dwelling-House of John Adler , and stealing a Cotton Gown, a Handkerchief, two Caps, and one Pair of Sleeves, the Goods of Priscilla Adler , and a Silver-Watch and Seal, value 2 l. a Silver Stock-Buckle, and two Tablecloths , the Goods of John Adler , the Elder.

John Adler , Junior. On the 22d of July the Prisoner broke into my House in Garden Lane , (the Watch, &c. are my Father's) the Window was wrenched open when I was abroad. I am a Shoemaker . - I believe the House was fast about 11 o'Clock in the Forenoon.

Q. Whose House is this?

Adler. It is mine. I took it the 15th of June, tho' I did not come into it till the 22d, - it was not my Father's then.

Q. Is not your Father married to the Prisoner?

Adler. I do not know that he is.

Q. Do you look upon her to be his Wife?

Adler. No, I do not.

Q. Do you think they live in Adultery?

Adler. I cannot say any thing to that; - my Father, I believe, lives in Oxford Road.

Q. Did not the Prisoner lay there sometimes?

Adler. I cannot tell that she did.

Q. Was it not at the Instigation of your Father that you put her in Bridewell?

Adler. No.

Q. Is not she reputed in the Neighbourhood to be your Father's Wife.

Adler. They took her to be such an one. - I cannot tell how long they have lived together. - I believe they have lived together as Man and Wife. Acquitted .

459. Esther Barret , of St George in the East , was indicted for stealing one Pair of Sheets, value 2 s. the Goods of Samuel Unwin , in her Lodging , August 19, 1742 . Acquitted .

460. Sarah Titham , otherwise Morgan , of St Mary Whitechapel , was indicted for stealing a Copper Saucepan, a Silk Handkerchief, a Cotton Handkerchief, and 26 s. in Money , the Property of Catherine Milward , July 27 .

No Prosecutor appearing she was Acquitted .

434. Sarah Stevens . of St Luke's , was indicted for stealing a Sattin Gown, val. 8 s. the Goods of John Williams , July 16 . * Acquitted .

She was a second Time indicted for breaking and entering the Dwelling-house of John Howson , in the Parish of St Leonard Shoreditch , and stealing Sundry Things ; And

Elizabeth Stevens for receiving the same knowing them to be stole , July 20 .

Sarah Stevens being Acquitted of the former Indictment was discharged in the Hurry of the Court, and could not be found afterwards. The Accessary could not be proceeded against without the Principal, and was admitted to Bail.

Errata in some of the former Part.

P. 236. col. 1. l. 34 and 35. r. Court. What Countryman are you? Ross. I was born in Holland.

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

Received Sentence of Death, 5.

* John Bunn, 417

James Hanns , 379

* Joseph Leach, 418

* Bunn and Leach, in regard to their Youth, and some Variance (not observed till after their Trial) between what was sworn by the Prosecutor now, and his Evidence against Warwick last Sessions, were recommend ed by the Jury for Transportation.

Joseph Lewin , 419

|| Mary Stansbury. 428

|| Mary Stansbury pleaded her Belly; whereupon a Jury of Matrons was impanelled, who found she was not with quick Child.

Transportation for 7 Years, 39.

Martha Barton , 425

Jonathan Berry , 388

John Brown, 416

William Byrne , 453

Susanna Canning , 446

Richard Cartwright , 386

Jacob Chapman , 370

Hannah Copestakes , 424

Samuel Cullin , 384

William Earl , 373, 4, 5

Walter Foreman , 443

Patrick Glyn , 412

Henry Harris , 420

Susanna Hartshorn , 369

Ann Haskins , 371

Elizabeth Holder , 444

John Kelly , 391

James King , 403

Christian Mackenzie , 409

Charles Main , 413

Jane Maynard , 457

Sarah Mills , 401

Elizabeth Muckleston , 437

James Mulberry , 376

Mich. Pennyfeather, 377

James Price , 392

Christian Proctor , 400

Mary Proctor , 411

Ann Ryder , 423

John Stevens , 447

Ann Sykes , 410

John Wade , 435

Thomas Webb , 385

George Wenscot , 426

Susanna Wheeler , 454

Abraham Whitehead , 432

John Wilson , 406

Bacon Windsor, 394

Catherine Wood , 445

Burnt in the Hand, 3.

Susannah Carter , 408

John Emyns , 422

Eleanor Mackintosh , 421

Whipt, 9.

Mary Bates , 439

Hannah Floyd , 390

Elizabeth Harris , 378

James Holland , 405

Philip Jones , 399

Johanna Kemmet , 398

Hannah Kitchinham , 415

Ann Marlow , 431

Thomas Saunders , 395