Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 October 2014), December 1743 (17431207).

Old Bailey Proceedings, 7th December 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, ON

WEDNESDAY December 7, THURSDAY 8, FRIDAY 9, SATURDAY 10, and MONDAY 12.

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

BEING THE First SESSIONS in the MAYORALTY OF THE

Right Honourable Robert Westley , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER 1.

LONDON:

Printed, and sold by M.Cooper, at the Globe in Pater-noster Row. 1743,

[Price Six-Pence.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.

BEFORE the Right Honourable ROBERT WESTLEY , Esq; Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES , Mr. Baron CLARKE , 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.

William White ,

James Charters ,

William Veck ,

John Wacklett ,

Parmenias Moore,

Thomas Horne ,

William Thorp ,

John Hallifax ,

Luke Forwood ,

Richard Shuttleworth ,

John Stepleton ,

Richard Alexander .

Middlesex Jury.

Dennis Mourgue ,

Robert Hyde ,

Richard Hodges ,

James Savage ,

Richard Smith ,

John Humphreys ,

William Sayer ,

William Hancock ,

Bladwell Peyton ,

George Sellers ,

George Gibson ,

Samuel Stevens .

1. Margaret Skylight *, of St. Martin's in the Fields , was indicted for stealing one pair of Gold Ear-Rings set with Diamonds, Value 30 s. the Goods of John Segalas , November 15 .

* She said her right Name is Scarlett, and was 72 Years of Age.

John Segalas . I am a Gunsmith in Green-street by Leicester Fields , the Prisoner came one Day to my House under Pretence of telling my Wife's Fortune, (she had been there before, and my Wife had ordered her to come again) she told my Wife she had good Fortune, or something very lucky in her Face, that her Planet was at hand (I cannot remember the Words) and that there was a great Treasure left in the House by a deceased Person, and the Soul of that Person could not be at Rest till my Wife had it; I think she said it was 160 or 260 Guineas besides a large Quantity of Silver (I was at work in a little Closet and over-heard them, and went out to see what they were upon) she asked my Wife if she could lend her 20 s. unknown to me; my Wife said she had not 20 s. about her; says she, have you got any Thing of the Value of 20 s? My Wife said she had her Diamond Ear-Rings; the Prisoner asked her if they were worth 20 s. she said they were worth a great deal more: My Wife gave the Ear-Rings into her Hand; the Prisoner asked her if she had got any Salt; my Wife gave her some, and the Prisoner wrapped the Ear-Rings up in a piece of Paper with the Salt; the Prisoner at the Bar said I must not be there, for if I staid it would spoil the Thing, for it was my Wife's good Fortune and not mine; for by Virtue of this the Stones were to rise in the Cellar, and the Treasure would appear; so I went into the Shop, and left them by themselves: My Wife came into the Shop, and told me she believed the Prisoner had a mind to steal her Ear-Rings. The Prisoner told me, my Wife was troubled with an evil Sprit, and had no Faith; and that she thought there was something more than ordinary the Matter with her; and she told my Wife, that she seemed mistrustful, and that because she was mistrustful the Planet would be spoiled. I saw her slip the Ear-Rings away, and I thought that she had changed the Packet ; upon that, I immediately seized hold of the Prisoner's Hand; and in the Paper instead of my Wife's Ear-Rings there was a pair of brass Buttons; and in the struggling one of the Ear-Rings dropped down, and the other I found between her Finger and Thumb. She put the Ear-Rings up in the Salt: they were not tied up, they were only wrapped up in a little bit of Paper.

Prisoner. You say a false Thing, it is not so.

Winifred Segalas . The first Time the Prisoner came I was at the Door, and there was a Quarrel in the Street facing our House; the Prisoner said to me, what Quarrel is that, Madam? said I, I cannot tell, I know nothing of it: She asked me if I had any old Clothes to sell; I told her no. Says she, you have a lucky Planet in your Face, I will tell you your Fortune: I said come in; she asked for some Coffee, but I had none; so she said she had a Law Suit depending, and she must make an end of it; that she could not stay then, but would come another Day; and when she came she made me say, In the Name of the Father, Son, and Holy Ghost, that I would do all that she proposed to me. She asked me if I had any Paper that was never wrote on; I told her I had; I fetched her a Sheet, and she divided it into three Parts. She asked me for some Salt; I fetched some Salt, and she said by the Virtue of that Salt the Mould was to rise in the Cellar, and the Money was to come up. I cannot tell the Sum of Guineas she mentioned to my Husband, besides broad Pieces, and Silver; then she asked me if I had got the 20s. that I told her I would get against that Day. She made me make that Bargain with her before, but I did not intend to give her the 20 s. She asked me if I had the Value of 20 s. about me; I told her I had a good deal more; that I had a pair of Diamond Ear-Rings; she asked me how much they were worth; I told her they cost me 3 Guineas; then she said, In the Name of the Almighty God, Father, Son, and Holy Ghost, put them into this Paper, and then she said, God Almighty prosper what we are a going upon: Then she asked if I could say the Lord's Prayer, and said I must fall down on my Knees and say the Lord's Prayer three Times over, and by Virtue of this the Mould in the Cellar was to rise, and I should find the Treasure. I stepped out and told my Husband, that I had a Fancy the Woman wanted to steal my Ear-Rings, so he bored a Hole through the Door to watch her, and if he found I could not deal with her, he was to help me: She had the Ear-Rings in a Paper, I looked at her and saw her slip them away, and I thought changed the Parcel: They were to be tied up in this Handkerchief, and I was to swear that I would not open the Handkerchief before she came again; my Husband seized hold of her Hand, gave me a Paper, and said to me, look what you have got there, and in the Paper there was a pair of brass Buttons; when my Husband seized hold of her Hand, he said my Wife's Diamond Ear-Rings are here; she denied it, spoke a great many scandalous Things, and swore and cursed very much; but in the Skirmish one of the Ear-Rings fell down and broke in two, and the other he took in her Hand.

The Prisoner owned she had been there three Times, denied that she knew any thing of the Ear-Rings, that he must force the Ear-Rings upon her, in order to charge her with the Robbery. Guilty .

[Transportation. See summary.]

2. + David Todd *, of St. Mary le Strand , was indicted for stealing a Cloth Pocket, value 4 d. a Silver Seal, value 1 s. a Queen Elizabeth Shilling, value 10 d. a piece of Steel set with Bristol Stones, being part of a Stay-Hook, value 18 d a pair of Gloves, value 14 d. a Handkerchief, value 2 d. and 2 s. in Money, the Property of Abraham Heath , privately from the Person of Sarah his Wife , Nov. 27 .

* He was capitally convicted in last December Sessions for a Street Robbery, and obtained his Majesty's Pardon. See Page 15. Trial 26.

Sarah Heath . On Sunday was Sev'night about a Quarter of an Hour after 11 at Night, my Pocket was pulled off my Side, the String was broke, and left about my Waist; I saw a Man by me, and saw him run, but I cannot swear to the Prisoner.

Q. Did you immediately miss your Pocket?

Sarah Heath . Yes; and felt something go, and cried out I have lost my Pocket, and then my Husband ran after the Man; - My Pocket was given into my Hand by another Person.

Abraham Heath . As I was coming by the Savoy Gate , my Wife cried out she had lost her Pocket, and immediately I saw the Prisoner run from my Wife's Side down the Savoy; I run after him, and before he was out of my Sight a Man said I have him, I am sure he is the Man.

Prisoner. He says I was always in his Sight, ask him whether it was dark or Moon-light.

Heath. It was dark.

Prisoner. I have lived 15 Months at that Place, at the Blue Anchor, and it is as dark as a Dungeon, and if I had robbed the Woman, which I never did such a Thing in my Life, he could not see me, and he says he could, he takes a false Oath.

John Good , (a Corporal in the Guards.) As I was coming up the Hill from the Savoy, a Gentleman cried out stop him; the Prisoner would have given me the Pocket, and all that was in it, to let him go; says he, I am a Brother Soldier, I belong to the third Regiment of Guards. - I do not know that ever I saw the Prisoner before; this is the Pocket he had in his Hand when I took him.

Prisoner. Did not I say I found the Pocket, and would give it you, for it is none of mine?

Good. You said, here is a Pocket, Brother Soldier, I will give it you if you will let me go.

Robert Johnson I was coming by the Savoy and saw a Man in a white Frock stoop down and snatch something from Mrs. Heath's Side, and I immediately heard her say my Pocket is gone; I took the Pocket out of the Prisoner's Hand and gave it to Mrs. Heath.

Guilty of the Felony, acquitted of privately stealing from the Person .

3. + David Todd . of St. Mary le Strand , was a second Time indicted for stealing a Callimanco Pocket, value 2 d. a French Psalm Book with a Shagreen Case, and a Silver Clasp, value 5 s. and and Iron Key, value 6 d. the Goods of Esther Hebert , privately from her Person , Nov. 27 .

Esther Hebert . Last Sunday was Sev'night between 9 and 10 at Night I lost my Pocket, almost facing Exeter Change ; I was waiting for three Coaches to go by me, that I might cross the Way, and a tall thin Man like the Prisoner in a whitish Frock like a Livery Frock stooped down and stole my Pocket from my Side; I was told that such a Man was taken up, I went to the Justice's, and there I found my Pocket and my Things in it.

Jer . Briggs. I took the Things which belong to Mrs. Hebert out of the Prisoner's Pocket.

The Prisoner pretended he bought them of a Man at an Alehouse. Guilty of the Felony, acquitted of privately stealing from the Person .

[Transportation. See summary.]

4. Michael Swart , of St. Giles's in the Fields , was indicted for stealing a wooden Till, value 1 d. and 26 s. and 4 d. in Money , the Property of Thomas Colson , Nov. 29 .

Thomas Colson . The 29th of last Month about 2 o'Clock in the Afternoon, as I was sweeping my Door, I heard the Money-Till drop, I stepped into the Shop, and there was the Prisoner standing by the Counter: What do you want, said I; I want a Roll, says he: Said I, how came the Till down; said he, I did not touch it, and fell a crying: I said, I believe you are the Thief, it could not come out without your touching it. He denied that he touched it till he came before the Justice, and then he owned it. He said the Till was a little out, and in touching it, it fell down. - The Till was in it's place a few Minutes before, and no Body had been at the Till; it locks four Inches under the Counter, that no Body should see the Key.

John Sheppard . I took the Prisoner before a Justice, he said the Till was a little way out, and by his touching it, it fell down. When I went into the Shop, I saw the Till and 16 s. and 6 d. in Silver, 9 s. and 10 d. in half Pence upon the Floor.

Edward Hayes . I was Master or Owner of the Ship Michael and John, the Prisoner was my Apprentice , and in July last he ran away from me. Guilty .

[Transportation. See summary.]

5. Eleanor King , of St. George's Hanover Square , was indicted for stealing a Silver Spoon, value 8 s . the Goods of John Tatlow , Nov. 12 .

John Tatlow . The Prisoner came to see my Servant Maid , seeing some Things in her Apron, I sent for Mr. Bird to search her; the Spoon, some Headclothes, Candles, and half a Loin of Mutton were taken out of her Pocket Apron. - They were both prodigious fuddled. -

Mr. Bird, the Constable, said he never saw two People more in Liquor in his Life; they both lay drunk in the Wash house against the Door: That she said the Maid gave her some Things, and the Spoon might be bundled up among them, but she did not know it. Acquitted .

6. Joseph Tomlinson , of St. Martin's in the Fields , was indicted for stealing an earthen Mug tipped with Silver, value 12 s. the Goods of Edward Brignall , Oct. 24 .

Edward Brignall . I keep the Horse-shoe Alehouse in the Strand , the Prisoner had used my House about a Fortnight or three Weeks, and in that Time I had lost two Mugs. My Man suspected the Prisoner, because he went often into the Yard, and advised me to secrete myself upon the Stairs; he came in about five or six Days, I went upon the Cellar Stairs and secreted myself; and when he thought the Way was clear he unlocked the Cupboard Door, took out a Mug, put it into the Breast of his Coat, and carried it backward, and threw it into a Hole; when he came in I perceived he had nothing about him: Some Time after I thought he was going to fetch the Mug, or to knock it to Pieces, I took a Candle, and found it in a Hole covered over; said I, are you not a Villain to rob me; so he asked me what Damage I had sustained by him, and he would give me a Note for the Money - I told him I would be as favourable as I could.

John Bush . The Prisoner came that Evening between 4 and 5 o'Clock, and I hid myself on the dark part of the Stairs to watch him till he came out of the Yard, and I saw him lay his Hand upon the Cupboard Door, but some Body coming in prevented him; and after that my Master caught him.

The Prisoner said it was strange that he should let me stay in the House an Hour after, and not charge me with it; and said if I would give him a Guinea nothing should be said of it.

This was denied by the Prosecutor, who said, he did not design to let him go till he had charged him with it. Guilty .

[Transportation. See summary.]

7. Henry Barter , of St. Giles's in the Fields , was indicted for stealing a Shirt, value 2 s. 6 d. the Goods of Arthur Heathcote and William Millar , Nov. 22 .

Valentine Vernon deposed, that he had employed the Prisoner out of Charity, and he had stole an Ammunition Shirt, which was found at a Pawnbroker's. Guilty 10 d.

[Transportation. See summary.]

8. Bridget Jemmerson , was indicted (with Cath. Smith , Cicely Eckley , Judith Jennings , and divers others not taken) for stealing seventy Pounds in Money, the Property of privately from his Person , Nov. 28 .

H - J - . On the 28th of last Month between 10 and 11 at Night, a Woman asked me to give her a Dram; she took me into a House in Eagle-Court in the Strand , (I think it is kept by a Sheriff or a Marshal's Court Officer) the Prisoner brought me up an eighteen-penny Bowl of Punch; I paid her for the Punch, and staid about five Minutes in the House; I was not got far from the House before I missed my Purse, in which was seventy Pounds; I went back to the House, the Prisoner was standing at the Door with a Candle in her Hand, I laid hold of her, and carried her to the Round House - There were four or five Women in the House when I went in, but the rest I could not find - The Moment I gave the Prisoner the eighteen Pence, she went down Stairs, and I did not stay above two Minute's after - I am certain I had my Money in the Court just before I went in with the other Woman, but I am not positive I had it when I went into the House. The Person who picked me up went up Stairs with me into a Chamber - I did not go into the House after I missed my Money to search for the others - There was a Question asked then - I laid hold of the Prisoner, because I was willing to lay hold of some Body . Acquitted .

9. John Embling , was indicted for stealing a piece of fir Timber, value 2 s. 6 d. the Goods of John Phillips , Nov. 16 .

Thomas Lyne and Charles Stevenson proved the Property of the Timber, that it lay in the Street before the House, and was found upon the Prisoner's Shoulder at some distance from the House. Guilty 10 d.

[Transportation. See summary.]

10. John Smith . of Great Stanmore , was indicted for stealing 2 pair of worsted Stockings, value 6 s. 1 piece of Cambrick, value 20 s. 1 piece of Dowlas, value 30 s. 3 Yards of Check, value 3 s. and 40 s. in Money , the Property of James Todd . Sept. 27 .

James Todd . I sent the Prisoner with these Goods to the Dutchess of Kent at Old Windsor , and he went away with the Goods and Money. He was lifted for a Marine, and I took him at Hounslow . - The Prisoner was my covenanted Servant . This Indictment being laid at common Law, and not upon the Statute, the Prisoner was acquitted .

11. John Brown , of St. George Hanover Square , was indicted for stealing 4 Shirts, value 5 s. the Goods of Benjamin Romaine , Oct. 14 .

Benjamin Romaine . Oct. 14 about 2 or 3 o'Clock in the Afternoon, I lost 4 Shirts out of the Garden, I saw the Prisoner and another Man running away, and got into a Field called Avery Farm; he had thrown the Linen over a Bank; he was taken and brought back to me. It was proved that the Prisoner dropped the Linen. Guilty .

[Transportation. See summary.]

+ 12. Penelope Jones , of St. George's Hanover Square , was indicted for stealing a Drawer, value 2 d. a piece of Foreign Silver Coin, value 6 s. and 15 s. 3 1/4 d. in Money, the Property of William Barnet , in his Shop , Nov. 13 .

William Barnet . I am a Distiller ; Nov. 13, at Night, I was in my back Parlour, and saw the Prisoner in the Shop endeavouring to get out into the Street; I did not see her take the Till; by that Time she was got into the Street, I stepped after her, and took hold of her right Arm, and said, Mistress, what did you do in my Shop? she said, nothing : Said I, I believe you have robbed me, you must go back with me, for I will examine you. I saw something bulky under her Arm, there was the Till, and the Money in it; she owned that she took it, and begged that I would let her go about her Business. Guilty 4 s. 10 d.

[Transportation. See summary.]

+ 13. Elizabeth Milward , of St. George in Middlesex , was indicted for stealing a Silver Watch, value 3 l. the Property of George Coombs , privately from his Person , Nov. 16 .

George Coombs . I met the Prisoner just below St. Catherine's ; as we went together, she desired me to give her a Pint of Beer, we drank three Pints, and she condescended that I should have to do with her, and afterwards she would not agree to it, and then she absconded - She went away; and as soon as she was gone I missed my Watch. Two or three Days afterwards as I was going through Fleming's Church-Yard , I saw the Prisoner, I knew her Face and her Voice; I challenged her with it, and she denied it; her Mother brought down a Watch, and would have shewed it me, but she said, what are you going to do, you shall not show it him, unless he gives you the Marks of the Watch; I said the Maker's Name of my Watch was Kipling; then she said, that was not my Watch. I got a Warrant in Shadwell, and took her; her Mother offered me two or three Crowns to make it up.

John Ramsey and Ann Ramsey said, they had known the Prisoner six Months by living in the Neighbourhood, and knew her to be a very honest Girl, not given to Company, and very dutiful to her Mother-in-law.

The Prisoner's Mother-in-law said, she was a very honest Girl, never saw any harm by her, that she had taken Care of three Children for her.

Prisoner. I came from Warwickshire , I have been but six Months in Town. Acquitted .

+ 14. John Gerrard , was indicted for stealing a Cambrick Handkerchief, value 1 s. 6 d. the Goods of Alexander Murray , Esq ; privately from his Person , Oct. 25 .

Captain Murray . On October 25 or 26, as I was coming out of Covent Garden Play -house , and going into my Chair, I saw the Prisoner whip my Handkerchief out of my Pocket; I ran after him, and a Chairman stopped him, and he threw the Handkerchief behind him; I saw him take it, and never lost Sight of him - He was taken in the Rose Tavern going through the Passage; he had run about twenty Yards - It was a white Cambrick Handkerchief ; the Constable has kept it ever since.

Prisoner. Why did not you take me then if you says me do it?

Murray. Because you ran away; there was some of those Fellows his Accomplices came to rescue him, and I was obliged to send for a Party of the Guard in order to prevent a Rescue.

John Carrol . I am Captain Murray's Chairmain - I cannot tell justly the Night, it was the Night before the Prisoner was committed, I saw him take the Handkerchief out of the Captain's Pocket, and he threw the Handkerchief over his Shoulder.

Prisoner. Was you behind me or before me when you saw me take it?

Carrol. I was between the Chair Poles, as I opened the Chair Door, the Captain was going into the Chair.

Q. What Pocket was it taken out of, that far thest from you, or next to you?

Carrol. I cannot tell, but I saw him take it fairly.

James Gray . I am Constable of Covent Garden Play -house ; I saw the Prisoner about the Playhouse that Evening before, and asked him what he did there, and was going to kick him away; I know he is a Pick-pocket; I have been very ill used by these Fellows, which is a great Hardship for a Constable.

Prisoner. I never was concerned in any such Thing in my Life; and have kept as good a House as any Man in England within these twelve Months.

Gray. When the Captain cried out Stop Thief, I took up this Handkerchief, and have kept it ever since.

Prisoner. Did you see me pick the Handkerchief out of the Gentleman's Pocket.

Gray. I did not.

Thomas Ind . I am a Chairman; I was plying in the Rose Passage , where we commonly ply, and I heard Captain Murray cry out Stop Thief; the Prisoner run up against me, and almost stopped himself by it: The Captain came up, drew his Sword, and the Prisoner was pushed into the Rose Tavern Kitchen, and carried to the Round-House. Mr. Gray received a Blow on the Eye with a Brickbat, though we had the Guard of the Play-house: There were some hundreds of Stones and Brickbats seen lying there the next Morning: They flew so that People thought the Gentleman would have had his Brains beat out.

Prisoner. I would ask the Captain, whether he can swear to that Handkerchief.

Murray. I looked at it when I was at the Justice; I know the Handkerchief, it is marked with an S, it is my Sister's Handkerchief. Guilty , Death .

15. Susannah Bailey , of St. Luke's Middlesex , was indicted for stealing a Pewter Quart Tankard, value 3 s. 6 d. the Goods of Henry Tennant , Oct. 28 .

She was a second Time indicted for stealing two Copper Funnels, value 5 s. a half Gallon Pewter Measure, value 2 s. 6 d. and a Hat, value 2 s. the Goods of Jonathan Walton , and a Velvet Cap, value 5 s. the Goods of George Walton , Oct. 18 .

Mary Holgate took the Quart Tankard from under her Cloak in Mr. Tennant's House, at the White-Horse in White-Cross Street. Guilty 10 d.

She was not tried on the other Indictment.

[Transportation. See summary.]

+ 16. Jane Deale , otherwise Webb , of St. Michael Wood-street , was indicted for stealing a Silver Tankard, value 7 l. the Goods of Samuel Dynes , and a Sheet, value 5 s. the Goods of Mary Miller , Widow , in the Dwelling-house of Samuel Dynes , Nov. 3 .

Samuel Dynes . I keep a publick House at the Angel and Crown in Wood-street ; the Prisoner was my Servant at this Time - The third of November I lost a Silver Tankard, weighing twenty nine Ounces eighteen Penny Weight. I missed the Tankard out of the Bar between six and seven in the Evening, and enquired after it, the Prisoner pretended she had lost a Gown, and said, she believed the Person that had the Tankard had the Gown. The next Day she said, she was informed by an Old-Clothes Woman, that she might hear of her Gown in Rag-Fair, and she hoped she should hear of the Tankard there; I got Mr. Paterson , a Constable, to follow her, and ordered him, if she did not go to Rag-Fair, to bring her back.

Prisoner. I desire to look at the Tankard to see whether I know it, or not.*

* The Tankard was handed to her, which she refused to return, till an Officer took it from her by Force.

Robert Paterson . I was desired by Mr. Dynes to follow the Prisoner, to see if she went to Rag-Fair; I saw her go into Rose-Alley in White-cross Street; I waited three Quarters of an Hour, then she came out with a little Bundle, and went to a Pawnbrokers, and then she went into the same Alley again; I waited half an Hour more, she came out again, and instead of going to Rag-Fair, she went up White-cross Street, then I took hold of her, and brought her back to Mr. Dynes ; she confessed the taking of it, and that it was at one Mary Staton's in Staining-Lane; I went with her and her Master into Staining-Lane, and there was her Gown, the Sheets, and the Tankard, all together in a Box; she delivered the Tankard into my Hand. Guilty of the Felony only .

[Transportation. See summary.]

+ 17. Julius Dunt of Stepney , was indicted (with James Leech not taken) for assaulting John Doo on the Highway, putting him in Fear, and taking from him a Leather Pouch , value 1 d. and 7 s. in Money, his Property , Nov. 17 .

John Doo . I belong to the Post-Office. On Thursday the 17th of November, between 11 and 12 at Night, and a little on this Side of Whitechapel Parish School , I was robbed - I cannot tell by who, there were three of them; they came up to me, and asked me the way to Mile End - I had been ringing my Bell, and was going Home - I live in Stepney Parish, but it was in Whitechapel Parish that I was robbed. One of them threw a Handkerchief over my Eyes, and stopped my Mouth: They took away from me three Shillings in Silver, and the Half-pence (which I had taken that Night for Letters ) which might be about four Shillings more. One of them called to the other to cut my Throat; I thought that was frightful enough - They did not take the seven Shillings all at once, they came to me a second Time, and then they took the Pouch and the rest of the Money - I gave it out that I was robbed, and understood that one of them had made himself an Evidence, and that Julius Hunt was taken - The next Morning my Pouch was found in the Porch belonging to Whitechapel Goal, and I had it again.

Richard Spinckes , On Thursday November 17, the Prisoner James Leech , and myself, agreed to go a Robbing; we had been drinking together, but Julius Hunt belonging to the Wells in Goodman's Fields he could not go out till it was late - We had robbed a Man the Sunday before, and took from him a pair of Silver Shoe Buckles and Silver Knee Buckles. We met the Postman, and intended to rob him; Leech said he knows me, so I went up to him, and put a Handkerchief over his Eyes, and Julius Hunt took some Money out of his Pouch, then we went away; we attacked him a second Time, and then Julius took away his Pouch; he said, he did not know what to do with it, so I bid him throw it into Whitechapel Goal - He said all the Money he got was three Shillings and two Pence Half penny, and that there was nothing but Half-pence; the Prisoner had a Shilling's worth of Half-pence for him, and Leech had a Shilling's worth, and I had a Shilling's worth, and the two Pence Half-penny I had for a Pot of Beer that I had paid for before we came out.

Prisoner. This is trumped up by the Thief-Taker for the Sake of the Reward; they made me so disguised in Liquor, that I could not tell what I did.

Thomas Stirrop . I have known the Prisoner eight Years, he always bore a good Character; he has lodged with me three Weeks; since he came from the Indies I never locked up any Thing, if he had been a Rogue he might have robbed me - He was a Supernumerary Man at the Wells.

Samuel Barrett . I have known the Prisoner ever since he was born; he was never brought up to any Business; he lived four Years with a Gentleman at Snaresbrook , upon the Forest, Guilty . Death .

The Prosecutor said he had been informed, and believed the Prisoner was drawn in, that he did not abuse him, and recommended him to the Favour of the Court for his Majesty's Mercy.

Prisoner. I saved his Life - *

* This may be probable, for Spinckes the Accomplice says, that Leech told him the Prosecutor knew him.

+ 18. Joseph Leath , late of the Parish of Southall , in the County of Middlesex, was indicted for assaulting William Herne on the Highway, putting him in Fear, and taking from him 10 s. in Money , Sept. 13 . his Property.

He was a second Time indicted for assaulting John Jennings on the Highway, putting him in Fear, and taking from him 5 s. 6 d. in Money , Sept. 13 . his Property.

William Herne . On the 13th of September, I was going to Aylesbury in the Stage-Coach, between 9 and 10 in the Morning the Prisoner came up to the Coach, and said, there was a Lawyer in the Coach who had 200 l. and he would have it, then he produced the Pistol: He put his Hat into the Coach, and held the Pistol in one Hand cross the Wrist of the other; he swore he would shoot my Brains out if I did not tell him which was the Lawyer; I said, there was never an one here, and then he demanded my Money; I gave him 10 or 11 s. and a few half Pence - I put it into his Hat; after he had got Money from every one, he wished us a good Journey, and rode off towards London: There were three Ladies, Mr. Jennings, and myself in the Coach.

Prisoner. What Dress was I in?

Herne. You had on a loose white Duffel Coat, a kind of a Rug-Coat, and I believe the same Waistcoat you have now.

Prisoner. What Horse had I?

Herne. A dark bay Horse.

Prisoner. Was there any Marks upon it?

Horne . I could not see any.

John Jennings . The Prisoner is the very Person who came up to the Aylesbury Coach , September 13, between 9 and 10 in the Morning, about a Quarter of a Mile on this Side Southall ; he enquired for a Lawyer, who he said was in the Coach, and had 200 l. and he swore he would blow Mr. Herne's Brains out if he did not tell him which was the Lawyer; after he had taken Mr. Herne's Money, he came to me, with a Pistol in one Hand, and his Hat in the other, I believe he had 7 s. or 8 s. of me, then he collected Money of the Ladies; he had Money of one of the Ladies before he took Mr. Herne's Money; after he had robbed the Ladies, he seemed to direct his Discourse to me, and said, that I was the Lawyer, and swore, if I would not deliver him the 200 l. he would blow my Brains out; I said, he was under a Mistake, that I was no Lawyer; I shewed him my Hands to convince him that I was not, for I am a Dyer by Trade; then he said, D - n you, give me what Money you have; I said, Sir, I have given you that already.

Prisoner. Take Notice, he says that I had the Ladies Money first.

Jennings . I saw one of the Ladies throw a Purse into his Hat before he took Mr. Herne's Money.

Herne . I did not know that there was any given to him before he had mine.

Prisoner. Was my upper Coat buttoned or unbuttoned?

Jennings . It was loose.

Prisoner. What coloured Horse had I?

Jennings. A large Horse, of a dark bay Colour, I cannot say whether it had any Marks.

Ellis Pugh . On the 13th of November last, I was on horseback upon the Road, and about two Miles on this Side Southall , the Prisoner passed by me; I observed in him what is not very common in Travellers, he took too much Notice of my Horse, and asked several impertinent Questions: Said he, is not your Master a Lawyer? I said, yes; said he, and you are a Welshman? Yes, said I; we had a great deal of Discourse, he went a Mile and an half with me, and all on a sudden I lost him. I was making a Toast at Southall , and the Coach stopped at the Door, I believe my Master (Mr. Potter) came in first; I saw the Ladies crying, and they were complaining of being robbed; said I, was it by a Man in a great Coat, and a dark cropt Horse? They said, yes: When I came to Chashunt , a Quaker told me, he heard the Person who had robbed the Coach in the Morning had been pursuing it again, and that he was in the Town; in the mean Time the Prisoner coming riding by, said I, There's the Man; he had changed his Dress; at the Time he rode through the Town he was in the Dress he is now, with a black Cap on, and when he committed the Robbery, he was in a great Coat, and had on an old Hat. I believe net worth six Pence: I was ordered and pursue him; I went by myself Mile, when I came to Wickmore-Hill, about four Miles from Heathcomb, and four from Missinglam, I that a Gentleman on Horseback had fell down and hurt himself, and was gone into a House on the Common; said I, he is a Highwayman to a Girl said sure that could not be, for like a Gentleman; I changed my took a Pistol under my Coat, and one took a Gun, which I believe had not for two or three Years; we went to the House, which pretended to call for some Beer; he was in the Yard, hold of him, and said, he was my and the Butcher, who had the Gun, said, if he made an Opposition, he would blow out; in his Coat Pockets were a brace of Pistol, one was charged with Powder and Ball, and the other with Powder only; I persuaded him to come to Missingham, he begged very much that I would let him go, for he said, if he came to London, he was sure he should die; I got him away as soon as I could; I set him upon his Horse, with his Whip in his Hand, and he went along with me very quietly.

Q. What without tying him?

Pugh. Yes - I knew with the Horse he was upon that he could not ride away from me: When I got him to Missingham , he begged very hard to speak to the Gentlemen he robbed in the Coach; I took him into the Room to them, he fell down on his Knees, and asked their Pardon; he sai d he had lost a hundred Pounds the Night before at my Lady Mordington's , and that it was the first Fact that ever he committed.

- Holland. I have known the Prisoner from his Birth; he was put Apprentice to a Shoemaker, and was a Trooper or Dragoon in the Horse Service; he had a good Character in the Country.

Samuel Parsons . I have known the Prisoner these twenty Years, he behaved very well when he was Apprentice, I never heard any Complaint of him -

Prisoner. I have got a Certificate from the and Church Wardens of the Place where I was born, with Regard to my Character. Guilty , Death *. The Jury begged the Favour of the Court to recommend him to his Majesty's Mercy.

* Mr. Potter begged leave to inform the Court, that though he had the good Fortune to escape, he was the Person that was intended to be robbed; that he was on the Coach-Box muffled up at the Time the Robbery was committed; that he pulled out two Guineas, and offered him; which he refused, and said, he never robbed any Body upon the Coach-Box: That the Prisoner had given him the Satisfaction to let him know who was the Person that gave him the Information of his having the Money; and believed that he was induced to commit the Fact by falling into bad Company at my Lady Mordington's ; that as he was not robbed, he was not obliged to prosecute, but did it for the Sake of his Country; and that as there were some favourable Circumstances in the Case, he hoped the Court would take it into Consideration; and that the Jury would be so good as to join with him in his Request to the Court, to recommend him to his Majesty, that he may be transported for Life.

10. Ann Johnson , of St. Michael Crocked Lane , was indicted for stealing a Copper Teakettle, value 1 s. 6 d. the Goods of John Ball . Oct. 15 .

John Ball The Prisoner came and called for a Pint of Beer under Pretence of staying for her I missed the Teakettle, and found it concealed under her Petticoat before she went out of the House. Guilty 10 d.

[Transportation. See summary.]

20, 21. John Cook , and William Thompson of St Botolph's , were indicted for stealing thirty Pound Weight of Glass Beads, value 30 s. the Goods of Samuel Wilson , Nov. 15 .

Jacob Jacobs . Mr. Cook spoke to me in a Publick House, and said there was a Gentleman come from Rotterdam who had got some Glass Beads; Mr. Thompson was brought in as the Seller; there were three Bundles of green, and all the rest white. I agreed for eight Pence per Pound, and sold them again for nine Pence. I sent my Son to one over against Mr. Wilson's, and he mistook, and went into Mr. Wilson's; says he, I believe these are my own Beads, I have just landed some of the same Sort at Botolph Wharf; he sent for me, and desired I would produce the Person I bought them of, and so the Prisoners were taken up.

Thompson. I did sell him the Goods, but they are not Mr. Wilson's Property.

Abraham Jacobs confirmed his Father's Evidence, but the Prosecutor not being present to prove the Property, the Prisoners were acquitted .

22, 23. Sarah Speed , was indicted for stealing two Sheets, an Apron, and a Tea-spoon, value 7 s. the Goods of Michael Jarvis , Nov. 15 . And Jane Speed for receiving the same knowing them to be stole . Acquitted .

24. George Abbot , of St. Bartholomew the Great , was indicted for stealing a Silver Spatula, value 5 s. the Goods of Allen Sharret , Oct. 10 .

Allen Sharret . The Prisoner came into my Master's Shop, who is an Apothecary (I was making use of a Silver Instrument, which we call a Spatula) and wanted to speak with him; I went up to call him, and the Prisoner met me at the Stair's Head, and said, he would be here again in a Quarter of an Hour - I mistrusted him, and missed the Spatula; in about three Weeks I found out where he lodged, and he owned he had pawned it.

John Irving . The Prisoner pledged this to me, he said he brought it from a Person in Smithfield, who wanted a little Money for Pocket Expences.

Prisoner. I have been a little Lunatick these twelve Months; and if I did take it, I know nothing of the Matter.

A Person appeared in behalf of the Prisoner, who said he had worked as a Packer for Alderman Bernard and Mr. Lodge; that he had seen him write Lectures at Doctor Taylor's, and never knew any Thing amiss of him. Acquitted .

25. Thomas Grocock , was indicted for stealing two Bars of Iron, two Steel Punches, two Chissels , and three Quarters of a Pound of Steel, value 1 s. 4 d. the Goods of Thomas Pease , Oct. 25 .

The Prisoner was Servant to Mr. Pease a Blacksmith ; he had left these Things at a Neighbour's, who informed the Prosecutor of it; he challenged the Prisoner with it, and he confessed it. Guilty 10 d. The Jury recommended him to the Court for corporal Punishment.

[Whipping. See summary.]

26. Thomas Gilbert , was indicted for stealing fourteen Pound Weight of Sugar, value 2 s. the Goods of Persons unknown, Oct. 23 .

John Richardson . (a King's Watchman) The Prisoner was employed by a Merchant to watch a Lighter of Sugar, I saw him come out of the Skuttle Hole with a Bundle; I asked him what he had got there; he said his Bed; I thought it was too little for a Bed, and it proved to be Sugar: I went down to the Lighter, and found a Hogshead broke open; I believe this to be part of it.

Edward Lawrence (Constable) the Prisoner said the Mate of the Ship gave it him.

Mary Tovey , Mary Birch , and Margaret Birch , have known the Prisoner several Years, gave him the Character of a very honest Man, that he had a large Family, and always had the Character of an industrious Man. Guilty .

[Transportation. See summary.]

+ 27. Elizabeth Miller , otherwise Barefoot , of St. Martin's in the Fields , was indicted for stealing a Gold Watch, with a large Diamond on the Pendant, the Property of William Pitt , Esq ; in the Shop of Isaac Duhammel , Nov. 15, 1741 .

Isaac Duhammel . I am a Watchmaker; on the 13th or 14th of November, 1741, Mr. Pitt sent his Watch to me to be mended, and it was stole out of my Shop in the Strand ; the Watch being advertised, the first Person who gave me Intelligence of it, was one Jacob Jacobs , who told me the Watch had been offered to him for Sale, and that he could help me to the Person who offered it to him (I never had the Watch again.) This Person was one Elizabeth Vanhop , otherwise Barefoot, but she since married one Miller, who lived in Rag-Fair; I got a Search-Warrant from Justice Richards, Jacobs took her up, and carried her to the Round-House, and she was searched, but nothing found upon her, or in her Custody, so she was discharged. I advertised twenty Guineas Reward for it, I employed one Harris a Thief-taker, but I never could get her taken up.

Abraham Jacobs . Two Years ago last November, I happened to go into Rag-Fair to buy a second-hand pair of Shoes; the Prisoner said to me, are you a Jew? I said, yes; she said, she had got a Gold Watch to dispose of, and she wanted me to help her to a Chap for it; I told her, I would try; I told my Father of it, and he, Mr. Levi, the Prisoner and I, met at the Green Man in Goodman's Fields; my Father said to the Prisoner, my Son spoke to me of a Watch you had to sell, and the Prisoner pulled out a middle sized Gold Watch - There was a Diamond on the Pendant, and a Diamond on the Button: Said I to my Father, how do they fix a String to this Watch? he said, the Ring was wanting.

Jacob Jacobs . My Son Abraham told me there was a Gold Watch to be disposed of, that we might get a Penny by, and seeing Mr. Levi , I desired him to meet me to ask him his Opinion of the Value; the Prisoner pulled out a Gold Watch, I looked upon it, and said to my Son in the Hebrew Language, I am afraid that Watch is not honestly come by, for there are two Diamonds, and two very handsome Diamonds. Seeing an Advertisement, I went to Mr. Duhammel's, got a Warrant from Justice Rickards , went to her House in Rag-Fair, and took her in my Arms, and brought her out; I was in Danger of my Life, there was such a Parcel of Thieves came about us; Mr. Duhammel was to come the next Morning, but he being too short of coming, she was discharged - She offered to sell it for 17 Guineas - There was a Diamond on the Pendant, and another on the Button, and there was a Ring wanting.

Samuel Lovi . About two Years ago, on a Friday, I was in Company with Mr. Jacobs and his Son; Mr. Jacobs asked me, if I would buy a Watch, there was a Woman (I cannot say it was the Prisoner ) offered me a Gold repeating Watch to sell; she pulled it out of her Bosom - there was a Diamond upon the Button, a Diamond upon the Pendant - there was no Ring to the Watch - I did not ask her where she had it - I told her it would not do for me, for I did not understand the Value of it.

John Berry . In November, 1741, I saw a Gold Watch with two Diamonds, which the Prisoner showed me; says she, I have got a Chance, and if you help me to a Chap for it, I will satisfy you; said I, Let me look at it; as soon as I saw it, I told her there were twenty Guineas Reward offered for it, and advised her to carry it to Mr. Dubammel ; she said, she would not, for she could make thirty Guineas of it. There was one Harris who kept her Company, but is gone off, said to her, You will come to be hanged for this Practice. Oh! says she, I am not afraid of that by Jesus God, as that is their Irish way of talking. I told Mr. Dubammel I could inform him where the Watch was, but she had so many Thieves about her, that if we went into Rag-Fair to take her, we should be knocked on the Head.

The Prisoner being called upon to make her Defence, said, that Berry was a Thief-taker, and desired he might go out of Court while her Witnesses were examined

Berry. She wants me to go out, because I should not discover who the Persons are, that come in her Behalf; for they are all like herself.

Joseph Rawlins . I am the Constable, that took the Prisoner up by a Search-Warrant from Justice Rickards . John Berry said, if I went into her House I should be murdered; but we were all as peaceable as could be, and she came quietly along with us; we stripped her naked, all but her Shift, and searched every Part of her, and made her extend her Legs, for fear she should have concealed it; we went to her House, and searched that narrowly; we cut the very Beds open, but could not find it. The next Morning she was carried before the Justice, and discharged.

Elizabeth Carlow . I have known the Prisoner ever since she was a Child; she lives in my Neighbourhood now - She never went to live out of the Place; she is a Child's-Coat-Maker; I never heard of any Dishonesty by her in my Life - I live in Cable Street; I buy and sell Clothes - I have bought Things of her, and never was challenged for any Thing that I bought of her.

Ann Brown . I have known her seven years, I never knew any Thing but what was just and fair of her - She is a Stay-maker, and buys and sells that sort of Goods.

Ann Austin . I have known her five years; I know her to be a Dealer in the Fair, I know nothing of her Character.

Q. Pray don't you know her to be a Woman of a very bad Character?

Austin. I don't dive into that, I have enough to do at Home; I only say what I know.

Q. to Berry. What Character has Elizabeth Carlow ?

Berry. She buys such Things - I know they all buy these Things - I don't know any Harm of them - I know nothing of their Characters, but that they deal that way -

Q. What, do you mean in stolen Things?

Berry. Mrs. Carlow has forty or fifty Thieves about her always, and they get these Things for her. Guilty of the Felony, acquitted of stealing out of the Shop .

[Transportation. See summary.]

28. Elizabeth Miller , otherwise Barefoot , of St. George in Middlesex , was indicted for feloniously receiving a Watch with a Silver Case, called a Box (which had been stolen by Hannah Copestakes privately from the Person of Bartholomew Minetray , of which Felony Hannah Copestakes was on the 7th of September last* convicted) knowing it to be stolen , July 9

* See last September Sessions, Trial 424, Page 249.

Bartholomew Menitray . On the 9th of July last I was in Company with Hannah Copestakes and Mary Muston , and my Watch was stolen from me; Hannah Copestakes told me she sold my Watch to the Prisoner at the Bar.

Mary Muston . Hannah Copestakes told me, she sold it to one who was concerned with the Prisoner at the Bar. Acquitted .

+ 29. Eleanor Geary , of St. Bride's , was indicted for assaulting William Johnson , putting him in Fear, &c. and taking from him half a Guinea and one Penny, the Money of the said William Johnson , in the Dwelling-House of Edward Young , Nov. 28 .

William Johnson . Last Monday was Sevennight, as I was going through George Alley, by Fleet-Ditch , about a Quarter before seven in the Evening, a Woman laid hold of me, and the Prisoner opened the Door, and the Woman that picked me up forced me into the House. I was very loth to go in, but she said, I should make her drink something, or it should be the worse for me; when she got me in, the Door was made fast, and they insisted on my going up Stairs, while they went for something to drink; I went up just to the Stairs Head, and begged of her to let me go about my Business, for I was upon a Message; I went into a Room, and the Prisoner brought some Liquor; the other Woman got hold of my Watch, and I pushed her away several times - I did not let her pick my Pocket then. She called for more Help, and then I was afraid of my Life. The Prisoner came in, and laid hold of me - The Prisoner held me while the other Woman picked my Pocket of half a Guinea - She clapped her Hands upon both my Arms, and held me for about a Minute; I had one Hand upon my Watch; the other Woman got hold of my Watch, but I pulled it out of her Hand, and saved that: They called out several Names, but no Body came. I went away immediately to Mr. Sharrock, and he came and took her up - I was so much frightened, that a Child of ten Years old might have managed me - That Half Guinea was all the Money I had in my Pocket - I gave the Prisoner a Shilling to change to pay for what I had, and she gave me Six-pence before the other took the Half Guinea away.

Prisoner. Was I any nearer to you, than only to give you the Six-pence?

Johnson. It was after you gave me the Six-pence that you robbed me; I said, you have robbed me, and then I came away - There was no other Person in the House but the Prisoner and the other Woman, neither of her Side nor mine.

Q. Are you sure that is the Woman that held you? Was not you in Liquor?

Johnson. No, I was not; I can take my Oath I have not been drunk these three Years.

Henry White (called by the Prisoner) I keep a House in George Alley; last Monday was Sevennight, between seven and eight in the Evening, my Wife and I were just come home, and I saw the Prisoner and this good Man (the Prosecutor) go in Arm and Arm together, and come out Arm in Arm together - I take it to be a notorious sort of a House?

Q. Did the Man complain of any Thing?

White. I did not hear him complain.

Q. What sort of a Character does the Prisoner bear?

White. I hear the good Woman at the Bar bears a very good Character - She is a Servant there.

Q. Why you say it is a bad House?

White . I have seen the good Woman a great many Times , and never heard of any Thing being laid to her Charge.

Elizabeth White . I can say no more than my Husband has said, as to what I saw that Night; I knew her in creditable Families; and if the Matter was rightly considered, I believe her to be as innocent as your Lordship or I either.

Sarah Bassett . I lived with the Prisoner eleven Years ago at my Lady Kelly's in Hatton Garden; and I lived with her last at Mr. Plumber's, a Fanstick-Maker in Wild Street, about five Months ago, and never heard any Ill of her.

Frances Richardson . The Prisoner and I were Fellow-Servants ; I lived Fellow-Servant with her at Mr. Blundell's, a Grocer in Bishopsgate Street ; she always behaved honestly, and in a very pretty Manner - I live with one Phillips , a Printer, in Wine-Office Court.

- Bradford and Eleanor Bradford , in George Alley, and Ann Humphreys gave her the Character of a civil sober Woman. Acquitted .

+ 30. Eleanor Geary , was a second Time indicted for assaulting John Callin in the same Dwelling-House, putting him in Fear, and taking from him nine Shillings in Money, his Property , Nov. 28 .

John Callin . I had been at Highgate to carry a Parrot to a Lady, whose Husband was Surveyor General of the Customs in New England. I cannot be certain to the Day - it was late at Night, for it was dark when I came from Highgate: As I was coming by a Corner a Woman asked me how I did, and whether I would not come in and drink a Dram? I said, with all my Heart; I went in with the Woman, and she and I went up Stairs, and another Woman (not the Prisoner) brought up a Pewter Thing full of Brandy - I cannot tell what Measure it was; the Woman who carried me up took hold of me, made use of some odd Expressions, and falls back upon the Bed, and tumbles me o' Top of her; said she, I must feel you; no said I, I do not want no Body to feel me, nor I do not want to feel no Body; why? said she, You Son of a B - h, you are poxed; I told her, if I was, I did not want to pox her nor no Body else, for you shall not feel me. So I asked her what was to pay for the Cup of Brandy; I put my Hand in my Pocket, and pulled out half a Crown to pay the Reckoning; I put my Hand in my Pocket again, because I thought that was too much to trust them with, as believing it to be a bad House. I had in my Pocket two English half Crowns more, an English Shilling, two Six-pences, and some Halfpence, and I paid the other Woman (not the Prisoner) for the Brandy; I was coming down Stairs, and the Prisoner laid hold of me, and said, You Son of a B - h, you have not paid your Reckoning; and then she called to her Cousin, and a Woman came down - the Woman that carried me in: They opened my Breeches, and took my Money out; the Prisoner clapped her Arms round about me, the Woman who carried me in took all I had in one Pocket, which was two half Crowns, one Shilling, and one Six-pence; she opened my Breeches, and turned my left Pocket inside out; and the Prisoner slipped her Hand into the right Pocket of my Breeches, and took half a Crown from me and some Papers; I desired she would not keep my Papers, so she delivered me my Papers again: After they had plundered me, they wanted me to stay in the House all Night; they put the Money into a Girl's Hand, and sent her away with it, then I went out of the Door, and said, I was robbed; I was not above six Minutes in the House - I was prodigiously frightened when they took hold of me; I could not tell what to make of it; I did not know but they might have killed me. I found the Constable about six Minutes after in the House where I was robbed; the Coachman * had brought him in to take them up; I told the Constable, I was robbed, and gave him the same Account as I do now, and he secured the Prisoner: He asked me, if I could shew him the Room where I was; I said, yes; I took a Candle, but I was afraid to go up; said I, You must go up before me; he went up with a Sword, but we found nothing; I said, I believed, I had lost twenty five Shillings, but not being used to Sterling Money , I could not tell the Sum cleverly, either then, or now -

* The Prosecutor on the other Indictment.

Edmund Sharrock . On Monday was Sev'night at Night, a Coachman came to me, and said, he was robbed of half a Guinea, and desired I would go with him; I went with him to Young's House, and while I was there, Callin knocked at the Door, I was fearful of opening the Door, till I heard him say, he was robbed, and that there was a Constable in the House, and desired to be admitted; accordingly I let him in, and he said, he was robbed of three half Crowns, and eighteen Pence; that the Prisoner did not rob him of the whole Money, but she had robbed him of half a Crown, and he charged me with her for that.

Prisoner. My Lord, as I am a living Woman, if I was to do die for it, I never saw the Man in the House till he came with the Constable.

Prosecutor. I do not want to hurt her in any Shape, only to give her a Caution not to do the same thing again. Guilty , Death .

The Jury recommended her to the Court for his Majesty's Mercy.

+ 31. Mary Corker , of St. Martin's in the Fields , was indicted for stealing a Watch, value 3 l. 3 s. the Property of William Carnaby , privately from his Person , Nov. 19 .

William Carnaby . As I was going along by the Corner of Hartshorn-Lane , there were two Women standing there, the Prisoner turned me round, and said, Fellow-Servant, how do you do (though she never was my Fellow-Servant) she asked me to give her something to drink; she told me she wanted to speak with me, and then she pulled up her Coats, and asked me, if I wanted a feel; I said, I had no great Occasion for any such Thing at that Time; she took my Watch out of my Fob Pocket; I pulled her over to the Tavern, and she said, she would give me my Watch, if I would let her go; but at first she said, she knew nothing of it; I carried her to the Round-House, and they would not take her in, because I had not a Constable: In a short Time I got a Constable, I did not charge her directly; I said again, if she would give me my Watch, I would let her go; then said I, Constable, lay hold on her; then she said, if I would give her half a Guinea, she would give it me, but she would not deliver it.

- I am a Constable, I was sent for to take Charge of the Prisoner, and then the Prosecutor charged her with his Watch; she said, If I give you the Watch, will you give me what you promised me ( that was half a Guinea;) said I, have you made away with it; she said, no; I put my Hand down her Bosom, and felt something hard under her Armpit, and pulled it out by the Ribbon; she then wanted to go; I said no; I will be hanged if you go till I have carried you before a Justice, and the Watch was delivered to the Justice. Guilty 10 d.

[Transportation. See summary.]

32. William Davis , of St. Mary White chapel , was indicted for stealing two Pound and a half of Souchon Tea, value three Shillings, and a quarter of a Pound of green Tea, value four Shillings , the Goods of Job Matthew , Oct. 23 .

33. John Hume , for receiving the same knowing it to be stolen .

Job Matthew. I live in White-chapel; on the 23d of October, Mr. Ellis at the Coach and Horses told me, that Davis (who was my Porter ) had left a Handkerchief there with some Tea in it, and thought he could not come honestly by it, and told me some Body was to call for it; I bid him, if any Body came for it, to send for me; some Time after two Fellows called to know, if there was not a Parcel left for them; I got a Headborough to stay and see, whether any Body came for it; in a short Time Hume came, and asked for a Parcel ; said Mr. Ellis, is this the Parcel you wait for; he said, yes; said I to the Headborough, take Charge of that Man, for I have a Suspicion of these Goods being stolen from me; in a little Time Davis comes strutting into the Room, says he, Where are these two Thieves that wait for me; said the Landlord, come in and see where they are; when he saw me he was quite confounded, so that the Sweat dropped down from his Face; said I, William, do you know how you came by these Goods? he said, he did not doubt but he could tell me before he came to his Trial. I carried him before Justice Rickards , and he confessed the small Parcel was mine, but that he bought the large Parcel of a Smuggler. I weighed a Cannister of Soucbon Tea, which I suspected this to be taken out of, and by the Account I keep with the Officer of Stock, I found about two Pound and a half wanting: The Lid of the Cannister was loose, and two or three Ounces lay loose upon the Lid of the Cannister, as if some Body had taken it out in a Hurry - It is a Tea of a very strong Flavour, and I never knew any of this Sort of Tea run; and I think I can be positive it is some of my own Tea.

Prisoner . I bought it of a Person I met in New Gravel Lane; he opened a Leather Bag, and shewed it me; there was about two Pound of Bohea, and a little Parcel of Green ; I gave him nine Shillings for the Whole.

Job Matthew. He said before the Justice it was in a Linen Bag, and now he says a Leather one: This Fellow came with a false Letter when I hired him.

Robert Okey deposed, that he saw him buy a Parcel of Tea of a Sailor, in New Gravel-Lane, on the 20th or 21st of October, on a Saturday, about four or five in the Afternoon - about two Pound, and he bargained for nine Shillings - There was a large Parcel, and a small one - I did not see him look at it any farther than taking the Paper in his Hand, he did not open it - I did not see it opened, I do not know whether Davis saw it opened - I was Coachman to Justice Strong of Hampstead, and I was four Years Coachman to Mr. Weller of Lincoln's-Inn. Acquitted .

34. Ann Strong , of St. James's Clerkenwell , was indicted for stealing a Brass Porridge Pot, value 7 s. the Goods of George Alexander , Dec. 2 .

Martha Alexander . I lost this Porridge Pot out of my Yard at the Three Queens on Clerkenwell Green about nine at Night, and I found it at Mr. Hurder's, a Pawnbroker's, in Turnmill-Street .

William Hurder . This Porridge Pot was brought to me about half an Hour after nine at Night; I cannot swear who brought it, I believe the Prisoner to be the Woman.

Thomas Foot . The Prosecutor came to me, and said, he had lost a Pot, and heard it was at Mr. Hurder's , and desired I would go with him; I called at this good honest Man's House, and he would not come down; I told him, I came for a Pot that was stole; he made a great many Words, began to scold, and said, we should not have it without I would give him the half Crown he lent the Woman; I told him I would not go out of the House without it; he followed us into the Street, and called us all the Thieves and Black-guards he could think of; I got a Search-Warrant, then he d - d and abused us, and said, we should not have the Pot; I felt in a dark Hole behind the Door, and brought it out; I said, he must go before a Justice; at first he said he would, but at last he said, d - n his B - d he would not go; I said he should go; then he said, he would come after me; I told him he should go along with me, but he being a lustier Man than I, I could not force him, and in about half an Hour he came, and then he said to the best of his Knowledge the Prisoner brought it to him. Acquitted .

35. William Rinklesworth , was indicted for stealing a Brass Kettle, and other Things, value 12 s. the Goods of William Dignan , November 27 . Acquitted .

+ 36. William Clarke , otherwise Stockley , of Christ-Church, in Middlesex , was indicted for stealing a Silver Cup, value 4 l. a Silver Salt, value 13 s. four Silver Tea-Spoons, value 8 s. a Silver Tea-Strainer, value 1 s. 6 d. a pair of Silver Shoe-Buckles, value 3 s. 6 d. a Silver Knee-Buckle, value 1 s. 6 d. three Silver Sleeve-Buttons, value 1 s. 6 d. and five Holland Shirts, value 30 s. the Goods of Edward Ruddell , and a Peruke, value 25 s. the Goods of John Britton , in the Dwelling-House of Edward Ruddell , Sept. 20 .

Edward Ruddell . The Prisoner was a Lodger in my House, I went to the other End of the Town the 20th of September about ten in the Morning, and left the Prisoner in my Shop, I returned about 12 at Night; the next Morning I missed the Things mentioned in the Indictment, some were taken out of a Cupboard, and some out of a Chest of Drawers in my Bedchamber up one pair of Stairs, and the Bob Wig out of the Shop; the Prisoner immediately absconded - He was a Carpenter and Joiner, and had lodged with me about three Months; I took him up on the 18th of October, and I turned his Wife out the Tuesday following; and when she took away her Things, she left the Wig behind her: He came to my House the 17th of October with the Wig on; when I took him up, he owned the taking the Things, and that he sold the Plate for about 5 l. he said he was sorry for what he had done; he acknowledged he had used me very barbarously, and asked ten thousand Pardons, and said, he did not know how he should make me amends.

Susan Ruddell . On the 20th of September I went out in the Morning, and came home about six at Night; the next Morning I missed all these Things which my Husband has mentioned; I locked the Chamber Door when I went out, and pushed my Knee against it to see if it was fast, and I found it burst open.

John Collet . I am a Headborough, I took the Prisoner up on the 18th of October, and carried him to Justice Pecks, he was abroad, I waited at the Greyhound Tavern till he came home; the Prisoner owned that he had robbed Mr. Ruddell of a Silver Cup, a Silver Salt-seller, a pair of Silver Shoe Buckles, one Knee Buckle, and four Tea-Spoons, and he acknowledged that he had one Shirt; he owned that he broke the Chamber Door open, and was very sorry for it, and that he took the Plate out of the Corner Cupboard. Guilty of the Indictment, Death .

37, 38. John Yearby , and Thomas Dowles . of St. Luke's , were indicted for stealing three Cotton Gowns, three Flannel Petticoats, five Aprons, one pair of Stockings, one Ticken Apron, one Dimitty Cap, three Handkerchiefs, two Shifts, value 12 s. 6 d. the Goods of William Edwards , Nov. 2 .

39. Susan Thomson , for receiving the same knowing them to be stoln .

William Edwards . I lost the Things mentioned in the Indictment; Yearby cried and owned when he was taken up, that he was concerned with Thomas Edwards and Thomas Dowles in robbing me; Dowles said he was sorry, he did not say he was concerned in the Robbery; Thompson owned the buying of the Things, and said, she gave Edwards six Shillings for them; I found a Pocket Apron upon her, and she said he gave it her.

- Wild, the Headborough, said, Thompson owned the buying them.

Thomas Edwards . William Edwards is my Uncle; on the second of November between eleven and twelve at Night, John Yearby , Thomas Dowles , and I, went to my Unkle's House to rob him; they helped me over the Pales into the Yard, I took the Things, and they stood at the Pales and received them; I carried them to Jemmy Thomson's House, and he and his Wife both got out o' Bed, and made a Fire to dry them; they looked them over, and he said his Wife should give us six Shillings for them, and she paid us the Money the next Day. Yearby and Dowles guilty 10 d. Thomson acquitted .

[Transportation. See summary.]

40. Mary Beadle , was indicted for stealing one Shirt and one Shift, the Goods of Richard Bowyer ; one Shift, the Goods of Elizabeth Hyde ; one Shift and two Aprons, the Goods of Thomas Davis ; and one Apron , the Goods of Lewis Alexander , Dec. 3 .

Elizabeth Davis . I take in Washing; the Prisoner used to come sometimes to my House, and stole these Things. Guilty 10 d.

[Whipping. See summary.]

41, Sarah Robinson , was indicted for stealing a Handkerchief, value 6 d. and Apron, value 1 s. and a Cap, value 1 d. the Goods of Hannah Hunt , Sept. 8 . Acquitted .

+ 42. William Norman *, of St. Martin's in the Fields , was indicted for stealing twenty four Pound Weight of Cheshire Cheese, value 6 s. the Goods of Eleanor Hudson , in her Shop , Nov. 13.

*He was tried last September Sessions, for robbing a Waggon belonging to Sir Jonathan Cope , Bart. and acquitted. See Trial 402. Page 233.

Eleanor Hudson . On Sunday the 13th of November, about a Quarter before nine o'Clock at Night, I saw the Prisoner in the Shop stooping down with the Cheese in his Hands, I saw his long Back, and called out, Thieves, for God's Sake help, and he threw the Cheese over the Hatch into the Highway; I clapped my Arms round his Waist, and held him till People came to my Assistance; in the Struggle I fell down, and he fell upon me, about two Yards from the Street Door .

Ann Wallis . I was drinking Tea with Mrs. Hudson, she went out into the Shop, and I heard Murder and Thieves cried; the Prisoner had been struggling with Mrs. Hudson, upon the Ground, and was got up again; he went to slip out at the Street Door, she had caught him hold by the Collar, and I took hold of him, and then he said, Take Care young Woman, do not drink too much Blood, for Fear in Time it should choak you - I saw the Cheese delivered into the Shop again over the Hatch, but I did not see him throw it out; when he came before the Justice, he asked Mrs. Hudson, whether she would go to the brown Bear , and drink, and make it up.

Prisoner. Are you sure I am the Person Mrs. Hudson had hold of?

Wallis. I am sure you are the Person, for Mrs. Hudson never let go her hold of you till such Time as the Constable came up.

Ann Johnson . I saw the Prisoner crawl along the Shop, and thought it was a Dog, for he crawled so low, that I thought it was impossible for a Man to do so; when I saw Mrs. Hudson run the length of the Shop, it struck into my Mind that what I saw crawling along was a Thief; I looked through the Sash, and saw the Prisoner throw the Cheese over the Hatch into the Street.

- Oliver. I saw the Prisoner and Mrs. Hudson struggling together in the Shop, about two Yards from the Hatch; they fell down, and the Prisoner was uppermost, she had him hold by the Collar, Lord have Mercy upon me, says she, what one Robbery after another; for she lost a Cannister of Tea not long before.

Prisoner. My Lord, I was coming by her Door, and hearing a Person cry out Thieves, I went to her Assistance, and she very readily received me into her Arms; I am now brought before your Lordship, and have no Person to appear for me, my Friends are all in the Country.

Hudson . He has a Matter of twenty four of the Heads of Covent Garden that know him, and never a one will come in his Favour. Guilty 4 s, 10 d .

[Transportation. See summary.]

+ 43. Martha Shackleton , otherwise Hill , of St. Martin Ironmonger-Lane , was indicted for the Murder of her Female Bastard Child, by casting and throwing it into a Privy belonging to the Dwelling-House of William Porter , wherein by Reason of the Filth and Excrement the said Child was choaked and suffocated, and thereof instantly died .

She was a second Time charged on the Coroner's Inquest for the wilful Murder of the said Bastard Child, Sept. 18 .

William Porter . On the 18th of September last, as I was going out of Town, the Prisoner came down Stairs, I thought she was not well, and asked her what was the Matter with her, she said she was extremely Ill with the Gravel and Stone; I desired her to send for Mr. Warner, a Surgeon, to come to her, but in talking with her, I thought I observed that she was fallen away, and suspected she had been with Child; I taxed her with having been with Child, she said she had voided a great Quantity of Water, that she was better, and said that she had not been with Child; I talked to her of having the necessary House opened, to search if any Child was there, which she insisted upon in order to clear her Character. On the 9th of November, I received a Letter from Mrs. Porter from Lincoln, where the Prisoner came from, in which she acquainted me, that she was two Months gone with Child before she came from thence; I told her of the Letter, and asked her concerning it; she then owned she had miscarried, and that she was five Months gone with Child when she miscarried; I sent for a Carpenter, and had the Vault opened, and there was a Child found.

Q. Did you see the Child?

Mr. Porter. I saw it, but it was at some Distance, for it was so very nauseous, I did not care to come near it.

Joseph Warner . I am a Surgeon; on the 9th of November I was sent for by Mr. Porter to come to his House immediately; when I came, he said he had found out what he had long suspected; his Maid's being with Child: He had the Vault opened, and a Child was found; he desired me to look at it; I viewed the Child, but it had lain in the Soil some Time, so that the Skull was separated one Bone from another. Mr. Porter asked me, whether I thought there had been any Violence done the Child; I said it had lain there so long, that I could not form a Judgment whether there had or no.

Q. Was it a Male or a Female Child?

Warner. I took the Child to the best of my Judgment to be a Female Child, though it had lain till I could scarce tell what Sex it was; I was asked what Growth I thought the Child was; I said it was so large, that I believed it might be about nine Months; I could not tell whether the Mother had gone the full Time or not - I cannot tell whether it was born alive, or not.

Q. to the Prisoner. Are you married?

Prisoner . Yes - My Husband is at Sea, his Name is Hill. Acquitted . The Jury found that the Child was still-born.

+ 44. , of the Precinct of Bridewell in the Parish of St. Bride , was indicted for the Murder of Thomas Baker , by giving him a mortal Bruise with his Hand, on the right Side of the Head, above the Ear, of which he soon after died , Nov. 23 .

He was likewise indicted on the Coroner's Inquest for Manslaughter.

Charles Child . On the 22d of November in the Evening, Thomas Baker gave the Prisoner a Challenge to fight him the next Morning - He delivered the Challenge to me himself, and desired that I would tell the Prisoner to meet him the next Morning in the Church-Yard (or Burying-Ground) belonging to Bridewell , between 7 and 8; and he that did not come at the Time was to forfeit Six-pence: Accordingly I delivered the Challenge, and they both came into the Church-yard - I believe Baker was there first; they both stripped, and went to fighting - They were both Bridewell-Boys, and knew one another as well as any two Boys in the Hospital.

Q. Were they Friends before this?

Child. They were not Friends, or they had not fought; but they fought in order to be Friends with one another; they had fought twice before, and were parted both Times. Baker had given the Prisoner Challenges several Times - Baker had the better both Times, and that was the Reason he gave him the Challenge, because he thought himself to be a better Man than the other. I was the Deceased's Second, and took him up when he was down.

Q. How often had he been down?

Child . I believe about a Dozen times; they fought near half an Hour - Baker was down oftenest ; the Prisoner had the Advantage in the Falls, but as to the Blows, I cannot tell who had the Advantage.

Q. Did they part at last?

Child. No; Baker was down, and I said, they should fight no more. As soon as the Words were out of my Mouth, they both went away; and Baker being asked by the Prisoner, whether he would drink, he said, he could not drink, but he would fight him another Time - I am very certain this fight was to make Things up; for there was a Difference between several of us besides.

Q. When did the deceased appear to be ill?

Child. He was ill in about five Minutes after I said he should not fight any longer; in about five Minutes after that he dropped down, and had not Strength to put hi s Shirt on; I got him up, but he could not stand long.

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

Child. He might over-strain himself in the Fight, but I don't think the Blows were the Occasion of his Death.

Q. Was there any Malice?

Child. There was no Malice. There have been greater and harder Fights than this - When they cannot agree, they commonly fight it out; and it is done in order to be Friends.

Q. What Character has the Prisoner among you? Is he good natured?

Child . He is as good a natured Boy as any in the House.

Robert Radless . About 10 o'Clock the Night before they fought the Prisoner desired me to be in the Church-yard at 7 o'Clock in the Morning: I was to be the Prisoner's Second. They met and fought. I cannot say there was any foul Play - The Deceased did not express any Dissatisfaction; the last Word I heard him say, was, I will fight you another Time.

Child. He never spoke any more after he said he would fight him again another Time, but he groaned very much - It was a fair Fight.

Jeffery Gillingham . I am one of the Arts Masters; the Prisoner is as good a natured Boy as any Man ever had, or as ever came into a House.

- Ray. I am one of the Arts-Masters; the Character of the Prisoner is, that he is as good a tempered Boy as ever was in the Hospital. Guilty of Manslaughter .

[Branding. See summary.]

45. Thomas Clarke , of St. Mary Abchurch , was indicted for stealing six Yards of Linen Cloth, Value 4 s. the Goods of Richard Glover , Nov. 29 .

Christian Wagner . I live with Mr. Glover, and he having lost several pieces of Cloth out of the Warehouse, I had a Suspicion of the Prisoner; the Prisoner was sent for, to do a Job in the Warehouse; I placed myself so that I could see what he did; he presently came down, and as soon as he thought himself alone, he took a piece of Linen out of a Chest, opened it, and put it between his Waistcoat and Shirt, so that he did not look as if he had any Bundle about him; I challenged him with it, stripped him, and took it from him before he went out of the House. Guilty .

[Branding. See summary.]

46. Thomas Williams , was indicted for stealing a Silver Shoe-Buckle, Value 6 s. the Goods of Joseph Lowe , Nov. 1 .

Richard Clarke . On the first of November, between 7 and 8 in the Morning, as I was sweeping out my Master's Shop, I heard something snap at the Window, and saw the Prisoner run away; I took him with the Buckle in his Hand; it was in my Master's Show-Glass. Guilty, 10 d.

[Transportation. See summary.]

47. Matth.ew Connoway , was indicted for stealing 27 Yards of Canvas, Value 30 s. the Goods of Thomas Foyler , Oct. 24 .

Thomas Read . The 24th of October I landed 200 Bolts of Canvass, for Mr. Foster; about two o'Clock in the Afternoon there was a Cry upon the Keys, that an Officer was charged with a Man for stealing a Piece of Canvas; I looked, and there was a piece missing.

Francis Leaver . When I came from Dinner I was informed, that this Man had put a Bolt of Canvas upon a Stair-case; I took hold of him, and asked him how he came to put it there; he said, some of the Company's Men called out, who would work; that he was employed in the Work, and found the Canvas upon the Stairs.

Thomas Green . I saw the Prisoner carrying a Bolt of Canvas up a Stair-case close by the Water-side, and Mr. Read said, it was Mr. Foster's Canvas. Guilty, 10 d.

[Transportation. See summary.]

+ 48. Susannah Harvey , of St. Buttolph without Aldgate , was indicted for stealing three brilliant Diamonds, Value 50 s. and one Pearl, Value 5 s. the Goods of John Godfrey , in the Dwelling-house of Elizabeth Carey , Aug. 28 .

John Godfrey . The Prisoner nursed my Wife in her Lying-in; she came to me the 13th of August ; on Sunday the 28th of August I went to a little Box, I always keep locked in my Bed-chamber, in which I keep my Diamonds; the Bottom was in one Place, and the Lid in another; I missed three Diamonds and a Pearl; I had the Room swept, I did not know but I might have taken them up with my Feet; I searched all about for them, and the Prisoner lighted me all the while. Says she, I don't know but I may have put them among the Ashes, I have thrown some Ashes into the Street; we went down into the Street, I grabbled in the Ashes, but could not find them, which made me very uneasy; I could not charge any Body with them, for I did not know who had been at my Box. I had given them over for some Time, and knew nothing of them till I heard they were offered to a Goldsmith in Whitechapel; so I took the Prisoner up, carried her before Justice Oxenford , of the Tower Liberty , and she made an ample Confession of the Fact, and said, she would make me Restitution for them. I went to the Goldsmith's, to search for them, and it fell out very unlucky, that I could not search for them, on Account of his being dead.

Blanch Flower. The Prisoner lived in the same House with me at the Field-Gate in Whitechapel; she asked me to go with her one Day, about nine or ten Weeks ago, to sell three Diamonds and a Pearl. I went over the Way with her to Mr. Gray's a Goldsmith, and she gave them into the Boy's Hand; he said, there was no body in the way to look at them; but, he said, you may leave them, and call again - She told me, they were a Jew Gentleman's Cook-maid's.

Ann Hayes . She said they were a Jew Gentleman's; she showed them to me in a paper. Guilty, 39 s.

[Transportation. See summary.]

+ 49. John Roberts , otherwise Edward Langley , of St. Martin's in the Fields , was indicted for stealing a Silk Handkerchief, Value 18 d. the Goods of Zaccheus Willmott , privately from his person , Nov. 28 .

Zaccheus Willmott. The 28th of last Month, I was going along and heard some body say, he has got your Handkerchief; I turned about, my Handkerchief was gone, and the Prisoner run away; there was no body near me but the Prisoner.

Henry Cornell . Last Monday Sevennight, over-against St. Martin's Lane End , I saw the Prisoner draw the Handkerchief out of that Gentleman's Pocket.

Richard Cooper . The 28th of last Month I carried the Prisoner before a Justice; I hand-cuffed him, and called a Coach, to carry him to Newgate; and as I was bringing him down by Holborn-Bridge, he was rescued by near thirty of his Gang, with Hangers and Cutlasses; they cut the Coach Doors all to pieces; and the Night before last he was taken again. I am Keeper of New-Prison; I know him to be a very vile Pick-pocket as most about London. Guilty, 10 d.

[Transportation. See summary.]

+ 50 Ann Judlon , of St. Dunstan's in the West , was indicted for stealing a Silver Tankard, value 50 s. the Property of Henry West , in his Dwelling-House , Nov. 27 .

Henry West . I keep a Publick House, the Blue Boar in Fleet-street ; the Prisoner was my Servant , I lost a Silver Quart Tankard out of my House, Oct. 5. On the 27th of October Mr. Quillet brought to

my House part of the Handle which had the Letters upon it; the Prisoner was then in my House - he had advertised that he had stopped such a Thing; I sent my Man, and he thought it was mine by the Letters, and desired Mr. Quillet to bring it to my House; when he came, I ordered the Prisoner to be showed to him, and he said she was the Person that brought it to him to sell, and she confessed it immediately - She owned she was persuaded to it by one Bathia Dykes ; the Letters are I C A, which are the Names of the Persons who kept the House before me.

Stephen Quillet . On the 21st of Octob. the Prisoner at the bar came to my Shop, and asked me if I would buy some Pieces of Silver; I said, young Woman, how came you by this? she said she found it in Watling-street crossing the Way; I asked her Name, and who she lived with; she told me her Name was Mary Jones , and that she lived with one Mrs. Cares, a Washerwoman, by the green Walk in Christ Church, Southwark ; it was then almost dark; said I, young Woman, it is too late to enquire into your Character now, if you will bring your Mistress to Morrow, and I like your Character, I will either buy it, or return it to you again; she said it was very well, and away she went; when I found she did not come I advertised it; Mr. West's Man came to me the next Day, and said his Master had lost a Silver Tankard; I asked him the Letters, and they were the same as have been mentioned by Mr. West; I asked him who he suspected to have stole it; he said he suspected the Maid, but his Master suspected him; I asked him where the Maid was; he said the Maid was gone; when he went home, he said he had brought some Body that would clear up the Accusation that was against him; said I to his Mistress, does the Maid live with you that lived with you some time ago; she said, yes; and then she was called down, and I said, that was the Person - I am sure she is the Person, she had a paler Colour when she came to me, than she has now; and when she was called down, she had a red Colour.

Stephen Raine . The Prisoner confessed at Mr. West's , that she stole the Tankard, conveyed it up Stairs into the Kitchen, kept it four Days behind a Pewter Dish upon the Shelf, and then carried it to Bathia Dykes on the other Side of the Water, and she broke it to Pieces. Guilty 4 s. 10 d.

[Transportation. See summary.]

51. William Crosslet , was indicted for stealing one Silver Lancet Case, value 20 s. three Lancets, value 6 s. the Goods of Moses Gagecomb , April 23 . Acquitted .

52. Jane Wilson , was indicted for stealing two pair of Shoes, value 4 s. the Goods of William Brest , Oct. 26 .

William Brest . A Neighbour called to me to ask me if I had not lost any Thing out of the House, for there was a Woman gone out with something; the Prisoner was followed, and brought back with my Shoes in her Lap. Guilty 10 d.

The Jury and the Prosecutor recommended her to the Court for corporal Punishment .

[Whipping. See summary.]

53. Daniel Steel , was indicted for stealing a Sack of Oats, value 5 s. 6 d. the Goods of John Ratcliff , Oct. 29 .

John Brownlow . October 29, I pitched a Sack of Oats upon a Bulk, and while I was drinking a Pint of Beer it was gone.

Philip Parkinson . On the 29th of October I saw the Prisoner take a Sack of Mr. Ratcliff's off a Bulk belonging to Mr. Jones's Coal-Shed , and went away with it up Lambeth-Hill; I did not follow him, I do not know what was in it.

Jury. Are you sure the Prisoner is the Person that took it?

Parkinson . I work with him, I have known him two Years.

Mary Jelly - I have nothing to say against the Prisoner, but I saw him take the Sack of Oats off the Bulk the 29th of October, between four and five in the Afternoon,

John Stephenson , William Jefford , and Mary Sharp , gave him the Character of an honest laborious Fellow. Acquitted .

54. William Batts , was indicted for stealing two Shillings and Six-pence , the Money of a Person unknown, Nov. 21 .

William Morley . I live at the Checquer Inn in Holborn ; the Prisoner is a Watchman , and brought a Gentleman very much fuddled to Lodge at our House; I went up Stairs to prepare a Bed, and when I came down I saw the Gentleman's Breeches were unbuttoned, and the Prisoner put his Hand into the Gentleman's Pocket, and took out 2 s. 6 d. which I saw in one Corner of his Hand.

Prisoner. Did you hear the Gentleman say he had lost any Thing?

Morley. No; he did not lose any Thing, because I got it again - The Gentleman came in about a Quarter of an Hour after twelve, and staid till about one, and then he was more sober.

Prisoner . Did you see me offer to put my Hand in my Pocket?

Morley. No; because I did not give you Time to do it; you took the Tankard in your Hand, to drink, with the Money in your Hand: The Disturbance frightened the Gentleman, and then he came pretty well to himself, he said it was his Money, and desired me to send for a Constable.

William Cooper . Between one and two in the Morning, I was sent for to take the Prisoner up for picking 2 s. 6 d. out of a Gentleman's Pocket; said I, this is a sad Thing in a Watchman; says he I will tell you the Truth; the Gentleman was in Liquor , he was to give me Six-pence for lighting him Home, and I laid hold of two Shillings, but I had not the two Shillings and Six-pence which the Chamberlain charged me with.

The Watchman in his Defence said, that the Gentleman was in Liquor, and wanted him to help him to a Lodging, and he carried him to the Checquer Inn , that when he came in he said, Can I have a Whore to Night; that the Chamberlain said, yes , with all my Heart ; that the Gentleman being fuddled, pulled out two Shillings, and dropped it upon his Knee, that he took it in his Hand to keep it from falling down, and the Chamberlain came and insisted upon seeing what he had, and charged him with stealing it.

Mr. Whitchurch said he had watched next Door to him four or five Years, and he never heard any Harm of him.

William Rogers . (Warder of St. Sepulchre's) says the Prisoner has been in the Watch four or five Years, and he takes him to be an honest, harmless, inoffensive Fellow. Guilty .

[Branding. See summary.]

55. Charles Pocock , of St. Lawrence Poultney , was indicted for stealing two Silk Handkerchiefs, value 4 s the Goods of Edward Athawes , Dec. 1 .

Deborah White . The Prisoner came to my Room to bring some Coals, I had three Silk Handkerchiefs upon the Bed; he asked for some small Beer, and while I was getting it, I turned my Head, and saw the Handkerchiefs in his Hand; he wrapped them up in his Apron, and threw them out of the Window all together.

Frances Spencer . I was at Work in the Shop, and heard my Mistress say you have stole my Handkerchiefs, and I saw the Handkerchiefs and Apron come down by the Side of the Window. Guilty 10 d.

[Transportation. See summary.]

56. Hannah Clarke , was indicted for stealing fourteen Pence, the Money of Jabez Jones , privately from his Person , Dec. 3 .

Jabez Jones . On Saturday Night last the Prisoner and another Woman met me in Chick Lane; the Prisoner asked me to go in with her and give her a Dram, but knowing what ill Effects this would lead me to, I did not care to go in; ( she answered then to the Name of Sarah Nash ) as soon as I got my Feet upon the Threshold, she pushed me in, and fell a swearing prodigiously, and put her Hand in my Pocket; I unbolted the Door, and pushed out: I put my Hand in my Pocket, and found fourteen Pence gone, and only a Farthing left: Coming into Long-Lane I met with John Stead , and asked him to go along with me, which he did; when I came there, the other Woman stood at the Door with a Tea-pot in her Hand, which I apprehended to be strong Liquors; I went into the House, and charged the Prisoner with it, and she denied it bitterly; John Stead brought her out of the House, and she called Isaac, and he said, he would knock Stead on the Head, if he would not let her go; I charged a Constable with her, and I heard her say she would fetch the Money, if the Constable would let the Watchman go along with her - I did not hear her say, that she had picked my Pocket.

John Stead confirmed the last Part of the Prosecutor's Evidence. Acquitted .

57. Ann Walker , otherwise Ward , of St. Giles's in the Fields , was indicted for stealing three Linen Handkerchiefs, value 1 s. 6 d. one Silk Handkerchief, value 6 d. the Goods of William Dean , Nov. 11 .

It appeared the Prisoner had been in the Prosecutor's Shop to cheapen some Handkerchiefs, was afterwards brought back to the Shop, one was taken out of her Hand, and three other out of her pocket; but the Prosecutor not being willing to swear positively to the Handkerchiefs, she was acquitted .

+ 58. Eleanor Tinney , of St. George in Middlesex , was indicted for stealing a Box, value 1 d. four Shifts, value 8 s. six Mobs, value 4 s. two Cotton Aprons, value 6 s. one Muslin Apron, value 2 s. eight Yards of Linen Cloth, value 6 s. and two Guineas in Money, the Property of Mary Richardson , in the Dwelling-House of Christopher Hudson .

It appeared that Fact was committed three Years ago, and the Evidence not coming up to a sufficient proof, the Prisoner was acquitted .

+ 59, 60. Samuel Bowring , and Henry Barrett , of Pancras , were indicted for assaulting John Lane in a certain Field and open place near the King's Highway, putting him in Fear, and taking from him a Hat, value 2 s. a pair of Gloves, value 2 d. a Silk Handkerchief, value 1 s. 6 d. a pair of Iron Nippers, value 6 d. a pocket Book, value 6 d. and eleven Shillings in Money , the Goods and Money of the said John Lane, April 8 .

John Lane. On the 8th of April last I had Occasion to go to Hampstead , and coming back again between eight and nine o'Clock, it was dark, there was no Moon; coming into the third Field from the Half-way House towards London, (between the posts I was obliged to turn myself round) a couple of Men met me, one clapped a pistol to my Breast, and cried, Hollow; upon that I answered Hollow again, and then they said, Your Money; upon that I said, Gentlemen , what I have is at your Service, do not use me Ill; when the Man clapped the pistol against me, his Hand trembled, so that I put my Hand against the pistol, and pushed it from me; so I extended my Arms, and they rifled my pockets, and robbed me, as I take it, of upwards of eleven Shillings; they took my Hat and Wig off my Head; I said, Gentlemen, do not use me Ill, I have very tender Eyes, and my Bread depends upon my Sight, and if I lose that, my Family must starve; upon that they put my Wig on my Head , but kept my Hat, and they took the other things laid in the Indictment. I know nothing of the Prisoners, it was too dark to know them again; these Gloves are mine, the Hat was at pawn, the Gloves were in the Soldier's Barracks ; there were Marks of Handcuffs upon the Gloves; the Prisoners were brought out of the Country for Deserters, and had wore these Gloves under their Handcuffs .

James Allen . These Gloves I found on the 23d of November in the Barracks, where the two Prisoners were properly quartered; the Way we found this out was by John Smith the Evidence, for these three Soldiers used to be frequently together; they all three belong to one Company; there happened to be some Discord between the Prisoners and John Smith , and he threatened to desert; I asked him the Reason of it several Times; said he, If you will assist me , and not hurt me, I will tell you the whole Story: He told me, the Prisoners and he had agreed to go upon the Highway and rob, and he divulged nine Robberies that they had committed; the first he mentioned was robbing John Lane, a Ticket porter; he said he had the Hat, Gloves, Handkerchief, his Ticket, and eleven Shillings in Silver: After he had declared this, I took him to our commanding Officer, and he confessed it to him; the Captain had them both secured tha t Night in the Barracks; Barrett came in that Night between eight and nine, and Bowring came in about ten, and the Gloves were found in the Barracks. I went with Mr. Lane to the pawnbrokers, and he gave a Shilling, which they lent upon the Hat, and a penny Interest; he said, If it is my Hat, it is marked on the Inside; and it was marked as he said.

Q. Have they separate Barracks, or do they all lie in one Room?

Allen . They have separate places, about seven Feet square, with a Lock and Key to each Barrack - There are two generally to a Barrack; Bowring lay in the Barrack where the Gloves were, and gave us the Key to open it -

Bowring. What Time was this done; I cannot tell any Thing of it; what Day of the Month was it? Lane. It was Friday the 8th of April.

John Smith . On the 8th of April last, Samuel Bowring, Henry Barrett , and myself, agreed to go upon the Highway that Night to rob any Body we could light of; accordingly we went out about seven o'Clock, went through Bloomsbury Square, walked up and down the Fields till about nine o'Clock, and between the Half-way House to Hampstead and Pancras, we met this John Lane (as appeared afterwards ) who I passed by, and went through the Stile, Barrett went at a Distance off, and Bowring and I stood by the Stile; as soon as Lane came through the Stile , Bowring presented a pistol to his Breast, and bid him stand and deliver; the Answer that Lane made, was, Use me well, and you are welcome to what I have ; accordingly we took from him eleven Shillings in Silver, and some Half-pence , his Hat, two Handkerchiefs, a pair of Gloves, a pocket Book , a pair of Nippers, and a porter's Ticket.

Q. How came you to know his Name?

Smith . He told us his Name, and his Name was upon the Ticket.

Q. How came he to tell you who he was?

Smith. I cannot tell, he talked almost all the Time we were robbing him.

Q. Did you discover this to any Body till they threatened your Life?

Smith. No; they threatened to kill me, because I refused to go a robbing with them any longer, and I discovered it to James Allen the Serjeant.

Jury. Had you your Ammunition Clothes on?

Smith . We were all in blue - we were not in our Regimentals - They were Clothes we wore when we were off Duty; I had mine before I was listed.

Q. What did you do with the Things?

Smith. We distributed them among us; I had the Hat, Bowring had the Gloves, and Barrett had a bigger share of the Money than we had; the Gloves Bowring wore when he went into the Country; for we all deserted together; when we were put into Handcuffs, Bowring wore one Glove, and I wore another; the Handcuffs made Marks upon the Gloves; these are the Marks.

Barrett . You have sworn this Robbery against us; what had I?

Smith. You had six Shillings in Money; Bowring and I had Half a Crown a-piece, to the best of my Knowledge; there was a Groat , and we had a full-pot of Beer as we went along .

Bowring. On Tuesday the 15th of March, I and Elizabeth Smith , and my Wife, went to see Barrett in St Thomas's Hospital, he was in a Salivation; when I had been there about half an hour, John Smith brought this Hat in, and he took his Knife, and said, he would cut that Button was Loop off , and would have a Gold one; he said he had stole two pound of Cheese from his Mother; I took him by the Arm and turned him out of the Room, and said, if he would rob his Mother, he would rob me. Smith has owned I shewed him this Hat the 15th of March, when the Robbery was committed the 8th of April.

Elizabeth Smith confirmed what Bowring said, with regard to the Hat, and that John Smith said, his Uncle Frank gave him it.

John Death . The Witness Smith said in Clerkenwell Bridewell , being asked how he came to do so, as to be an Evidence against these people, that he would rather have given 50 l. than have done what he has done, only he was egged on for the sake of the Reward - I lived three Years with the Marquis of Carnarvon ; I do waiting Jobs as a Coachman, &c.

Elizabeth Bear . I went along with Smith to Clerkenwell Bridewell , and he said, he was very sorry to swear against these Men, only he was put upon it for the Lucre of Gain.

William Firmery . John Smith had reported, that he had lain with Bowring's Wife, and that she had poxed him; and Bowring threatened to do him a Mischief, because he said his Wife had poxed him; then Smith said, he would be revenged of Bowring, for he would take his Life away.

Bowring. I believe my Wife heard him say so; this is a designed thing to take our Lives away, for the sake of the Reward. Both Guilty , Death .

61. James Standley , of St. Martin's in the Fields , was indicted for stealing a Trunk, value 1 s. eleven Caps, value 11 s. three pair of Cambrick Ruffles, value 3 s. a Silk Gown, value 40 s. ten Shifts, value 20 s. seven Aprons, value 10 s. two checked Aprons, value 2 s. two pair of Sleeves, value 4 s. a Cambrick Apron, value 2 s. a Velvet Hood, value 10 s. a Silk Hood, value 4 s. a laced Handkerchief, value 5 s. two Gold Rings, value 10 s. and eleven pounds in Money , the Goods and Money of Ann Sprightland , Nov. 17 .

Ann Sprightland . I left my Trunk with the Goods and Money mentioned in the Indictment, at Green Hudson's House, where I lodged; I went to live in Spittle Fields as a Servant , October 19. the Things were found upon the Prisoner, and the Money taken out of his pocket; I had my Things again, but the Money was left in the Justice's Hand.

Q. Did not you employ the Prisoner to carry this Trunk for you?

Sprightland . I have employed him to carry Things for me , but I did not employ him at this Time

Green Hudson . The Prisoner came to me the 16th of November (in Plumb Tree Court, Shoe Lane) and said Mrs. Sprightland sent him for her Trunk to carry into Spittle-Fields; I asked him, whether he had a Note for me to deliver it; he said, he had not; but knowing him to be a porter, I gave him the Trunk, helped him to cord it, and helped him down Stairs with it, and up upon his Shoulders; and instead of carrying it to Spittle-Fields , he carried it to Goodwin's Court in St. Martin's Lane, and made Catharine Mitchel a present of a Gold Ring and a Cap - as he told me. The Trunk was brought to Col. DeVeil 's by Mrs. Mitchel, who suspecting it to be stole, got a Warrant, and took the Prisoner up upon Suspicion ; then I was sent for, and Mrs. Sprightland . He confessed that he broke the Trunk open with a Hammer, and took out the Money and Rings, &c. The purse was produced by the Colonel, and delivered to the Prosecutor, in which was nine Guineas, three Half-Crowns, a Silver Penny, and two Gold Rings. Guilty, 4 s. 10 d.

[Transportation. See summary.]

62. Mary Dexter , was indicted for stealing a Sheet, Value 2 s. two Aprons , Value 8 d. and 17 d. in Money, the property of Robert Singleton , and two Shirts, Value 2 s. 6 d. the Goods of Edward Bragg , Oct. 12 .

Temperance Singleton. I took the Prisoner in, to take Care of my Children; she was with me but one Day and a Night, and stole these Things. She confessed it before the Justice. Guilty, 10 d.

The Jury recommended her to the Court for corporal punishment.

[Whipping. See summary.]

63. Elizabeth Palmer , was indicted for stealing a Cotton Gown, a Quilted petticoat, a pair of Stays, three Aprons, a Hat, five Handkerchiefs, a Cloth Cloak, &c. and three Shillings in Money , the property of William Whitworth , Nov. 10 .

William Whitworth . The Prisoner was my Servant , she run away, and she was brought back again to me the next Day by her Father. Guilty 10 d.

[Transportation. See summary.]

64. Mary Smith , was indicted for stealing a Looking-Glass, value 5 s. a Copper Stew-pan and Cover, value 4 s. two Shirts, value 5 s. and a Cloth Waistcoat, value 5 s. the property of Joseph Hunt , Nov. 13 .

Joseph Hunt . The Prisoner has robbed me several Times, but on the 13th of November she stole these Things; she was both Servant and Lodger: I was very Ill one Night, and having no Yard to my House, I do not know whether I may venture to speak it, I went to the Close-stool, I had no paper, and the Sleeve of a Shirt hung out of the Bag , and I made use of it, and bid my Wife wash it out, that no Body should see it, and she went to look for the Shirt, and it was gone.

Prisoner. My Master is an Officer, there are several Prisoners and other people in the House, and some of them took them away.

- Hunt . When I missed the Shirt, I asked her if any Body had been in the House; she said, no Body had; I told her, if she would let me know where it was, I would not tell her Master; her Answer was, God forgive me. Acquitted .

63. Elizabeth Fires , otherwise Elizabeth, the Wife of Anthony Terry , otherwise Elizabeth , the Wife of Benjamin Bradshaw , was indicted, for that she on the 10th of August, in the 12th Year of George the first, at the Parish of St. Brides , did marry and take to her Husband Anthony Terry , and that she afterwards , to wit, on the 26th Day of April, in the 9th Year of his present Majesty , at the parish of St. John Wapping , did feloniously marry and take to her Husband Benjamin Bradshaw , the aforesaid Anthony Terry being then Living, against the Form of the Statute in that Case made and provided .

Benjamin Bradshaw - I am married to that Woman, I was married eight Years ago at St. John Wapping.

Q. Who married you?

Bradshaw. I cannot tell the Name of the Parson.

Q. Were you married in a parish Church?

Bradshaw . Yes.

Q. Did he appear to be a Clergyman?

Bradshaw. Yes.

Q. Was the Ceremony of the Church of England read over?

Bradshaw. Yes.

Q. Were you married with a Ring?

Bradshaw. Yes.

Q. Did you cohabit together as Man and Wife?

Bradshaw. Yes - about eight Years.

Q. When did you part ?

Bradshaw . Never; we have always lived together.

Q. Have you had any Children?

Bradshaw. Yes.

Q. Have you any proof of her Marriage with her first Husband ?

Bradshaw . No.

Q. Are you willing to keep her, and have her still?

Bradshaw . Yes, and please you my Lord.

Acquitted .

+ 66. Philip Eales , of St. Mary le Strand , was indicted for assaulting Pugh Willis , putting him in Fear, and taking from him seven Guineas, his property, in the Dwelling-House of the said Philip Eales , Nov . 23 .

67. Philip Eales and Mary Eales , wife of Philip Eales , were indicted for stealing ten Guineas , the property of Pugh Willis, Nov. 23.

Pugh Willis. The 22d of November at Night, or the 23d in the Morning, about four o'Clock, I was coming from St. James's, and just before I came to Eales's Night Cellar in the Strand , it is on the left Hand coming from St. James's by the New Church, four Men swore at me, and told me, that I should go down and drink - They did not go down, two of them went away, and two of them staid to see me go down.

Q. Did you go down voluntarily? Did they use any Threats in order to make you go down?

Prosecutor. They held up their Fists, and I thought it the safest Way to go down.

Q. When you came down, what was the first Thing that presented itself to you?

Prosecutor. There were two or three people standing, and Philip Eales with another Man in a mean Dress like a porter were playing at Hustle Cap ; I called for a pint of Beer, and drank it; they asked me to play, I refused it, but they said I should play; I thought that the little Money I had in my pocket - five Guineas and some Silver, was not to be put in Competition with my Life; then there were six people come in with great Coats, and Brass Buttons, who appeared to be Chairmen - I did not play, but laid on Eales's Head - I did not know him, I never saw him before - I laid on his Head, because I thought him the most lucky person for me to lay on - I laid once or twice half a Guinea, and then a Guinea a Time afterwards - I did not win at all - I won but one 10 s. 6 d. and that he paid in Silver honestly, and what I lost I laid down upon the Table, and that the Man that played with him took up - I saw no more than about half a Guinea in Silver.

Q. What did the Man say when you laid such Wagers?

Prosecutor. He said nothing in the World - I lost five Guineas, and eight or nine Shillings in Silver. There were four Fellows like Chairmen sleeping in a Box, and lying upon the Floor; Eales took them all four by their Legs, and dragged them out, and where-ever he laid them, they lay, and did not stir, and put me into the Box where they were; I did not remain there any longer than till a Candle was got, then he took me by the Arm, and carried me into an inner Room.

Q. Was this with or without your Consent?

Prosecutor. It was certainly against my Consent if I had my Will, but I was afraid; I had given my Watch to him before - for six Guineas he lent me; I went into this inner Room, and laid on his Side still till I lost these six Guineas - I never played myself at all - There were in this inner Room Philip Eales , this other Man that played, and I, and Eales's Wife, who lay upon the Bed in her Clothes; I said to Eales, if you will give me my Watch again, I will go home and fetch Money to redeem it; then he said, You owe me six Guineas, if you will bring me six Pounds nine Shillings and six Pence, you shall have your Watch; I went home in a Chair, and brought twelve Guineas; when I returned, I was introduced into this Room, and I immediately tendered him 6 l. 9 s. 6 d. and demanded my Watch; the Prisoner d - d me, and bid me hold my Tongue, and told me I should play with the other person that he had played with, and then I should have a Chance; I said I only came for my Watch, and desired he would give it me, and told him I would not play; he held up his Hand as if he would strike me, and swore by G - d I should play; I played, and in a little Time had the good Luck to win twelve Guineas - I won it of the Man that Eales was before playing with, and the Man paid me.

Q. What did Eales do with the Money he had of you?

Prosecutor. Eales said he had lost every Farthing of the Money, but he did not lose any Thing then as I saw; then as I was not a great Loser I was for going away, Eales then snatched up ten of these twelve Guineas which I had upon the Table just by me; I asked him what he meant by this, he swore G - d d - n him he would owe it me; I said, I did not understand that; he said, G - d d - n me, he would make me understand it, and he threatened to strike me, if I did not hold my Tongue, so I did not speak a Word till I saw Eales lose all this ten Guineas with the Man he played with before - It was about nine or ten o'Clock in the Day when I first came out; we played all the while by Candle Light; I believe it is dark there at all Hours of the Day.

Q. What was the next Thing that was done after Eales had lost the ten Guineas with this Man?

Prosecutor. I was going to see for my Hat and Cane to go away, the Woman Prisoner got hold of me, and my Feet hitting against the Bed-post, I made a little slip, and she pulled me down upon the Bed, and wrapped me in the Blankets; I lay for about three Minutes, and then she went away and left me; he came in again, and said, who wrapped you up so; I said, his Wife; he d - d her for a B - h for serving a Gentleman so; she said, she thought it was the best way for me to sleep, for it would do me good.

Q. Was not he jealous of you and his Wife?

Prosecutor. I am sure he had no Occasion to be jealous of me; he went out of the Room, and was not gone above half a Minute, before he brought in a Book, and swore that I owed him twelve Guineas upon a Book Debt, and that he would have all the Money in my Breeches for it, and then he put his Hand in my pocket, and took to the Amount of seven Guineas, and upwards.

Q. Had you paid Eales the six Guineas?

Prosecutor. Yes.

Q. Upon what Occasion were you at St. James's?

Prosecutor. It was the Day that was kept for the King's Birth Day - I staid at St. James's till three o'Clock in the Morning -

Q. Is not there a good deal of Burgundy going forward upon these Occasions?

Prosecutor. I do assure you I did not drink above three Glasses of Wine there, and then I came to this Place.

Q. You say it was between nine and ten when you went away; when you were got to your Lodging, how came you to go there again?

Prosecutor. Because he had got my Watch, and it was a Watch that I valued.

Q. Could not you have staid till Day Light?

Prosecutor. It was Day Light when I went away - I only took the two Chairmen who carried me to my Lodging - The people did not use any uncivil Expressions to me - I was afraid, because I conceived a bad Opinion of the people of the House - merely from being forced down there; for if these people made no use of me after they got me into the Cellar, what Occasion was there to force me down?

Q. You said four people said you should go down and drink; did neither of these four go down?

Prosecutor. Not that I saw - I did not observe that any of them were in Liquor.

Q. Was not you in a gay Humour, and wanted to play without being asked?

Prosecutor. No; I did not.

Q. How came you by the Chair?

Prosecutor. I cannot tell how the Chair was got, so I suppose they got it.

Nicholson, a Chairman. I carried the Prosecutor home about ten in the Morning, and did not perceive him to be in Liquor.

- Gray (Constable) I had a Warrant from Colonel De Veil , and went to Eales's Cellar, I saw his Wife in the Bar, and asked where her Husband was; she said, he was in Bed; the Prosecutor said there is your Prisoner, and charged him with robbing him; he went very readily with me, and said, the Gentleman was not robbed there: When we came before the Colonel, he asked him for his Gold Watch; Eales sent me home for it; I told the Maid I came from her Master for the Gold Watch, and she gave it me very readily.

William Speck . I asked the Prisoner when he was before the Colonel, where the Watch was; she said, I have made Money of it, and then he said it was at Home; the Prisoner afterwards begged my Interest with the Prosecutor; said he, Consider what Life and Death is, get them to make it up, and I will resign the Watch, and part of the Money.

Justice De Veil. The Reason of my sending for the Prisoner was upon the Deposition this Gentleman made, and I think it is not the same he makes now: He came to me, I believe the same Morning he was robbed, a nd he was so much in drink then, that I refused to take it; I told you you were in drink; I am sorry to say you do not swear the same now as you did before me; you swore then you were hauled down Stairs. Both acquitted .

68, 69, James Ford * , and William Perremount , of St. Mary Woolnoth , were indicted for stealing two dead Fowls, value 2 s. and a pewter Dish, value 2 s. the Goods of Francis Parsons , Nov. 4 .

* James Ford, otherwise called Doctor, was tried last June Sessions with Richard Warwick , and John Hudson , for a Felony , and acquitted. See Trials 331, 332, 333. Page 202.

Francis Parsons . I live in Lombard-street; on the 4th of November I lost two Fowls, and a pewter Dish; I saw them taken from Perremount when he was brought back to my House.

Thomas Toller . I and another were going down Lombard-street, I saw a little Boy pass by Mr. Par-son's Window several Times, these two Fellows (the Prisoners) were together, one of them gave a Whistle, and the Boy shoved the Sash up, and took something out; I went to a Watchman, and desired him to assist us in the taking them; and he said, Pshaw, pshaw, I do not see them, let them go; the Prisoners were pursued, and taken in White-chapel .

Francis Mitchel confirmed Toller's Evidence. Guilty 10 d.

[Transportation. See summary.]

+ 70, 71. Charles Flood , and Charles Bargame , were indicted, for that they not having the Fear of God, nor weighing the Duty of their Allegiance, &c. but devising and intending our Lord the King, and his people, craftily, falsely, unlawfully, deceitfully, feloniously, and traiterously , to deceive and defraud, after the 29th Day of September, 1742. to wit, on the 1st Day of December, in the 6th Year of his Majesty's Reign , with Force and Arms, at the parish of St. Giles's in the Fields , in the County of Middlesex, craftily, falsely, unlawfully, deceitfully, feloniously, and traiterously, did fill, and with certain Materials, producing the Colour of Silver, did wash and colour two pieces of Brass Money of this Realm, called Farthings, with Intent to make each of the said pieces resemble, look like, and pass for, a lawful piece of Silver Coin of this Realm, called a Six-pence: The Indictment farther charged them, that they on the 1st Day of December, &c. did alter the Impression on each Side of two Farthings, with the like Intent; and the Indictment did likewise set forth, that they on the said first Day of December, &c. did wash and colour the said two Farthings, with the Intent as before; and this was laid to be against the Duty of their Allegiance, against the peace of the King, and against the Form of the Statute .

At the Desire of the Prisoners the Witnesses were examined apart; upon that the King's Council moved, that the Witnesses for the Prisoners should not be in Court while the King's Witnesses were examined, and they were ordered to withdraw.

John Graham . I have known Flood about three Years, and Bargaine about two Years; I have seen them file Farthings, and make them into Six-pences, and Half-pence into Shillings - I was concerned with them in the doing it; first we file the Britannia off, and take the Ribbon off, which hangs by the Side of the Neck on the Head Side, and alter the Head to make it look like a Six-pence, and then file them to the Size and Thickness of a Six-pence; after that we polish them with a piece of Leather to take off the Scratches and Roughness of the File; then we put them into a little Hand-vice, and put a bit of Leather between them and the Vice, to prevent it from marking them, and then bend them and whiten them over, so as to make them look like Silver, by rubbing them with Aqua Fortis, Cream of Tartar, and burnt Silver, made into a Sort of a paste. [This Witness proved the Experiment.] Then we used to put them off at Chandlers Shops, Bakers Shop, or where we could. I have put off five or six in a Day; we always went single - Sometimes we took out twenty or thirty at a Time, sometimes but two or three; if two of us went out together, only one went into the Shop, the other was placed at a Distance with a Quantity of this Money: He that went into the Shop had but one, and when he had parted with that he came to the person that had the Bag for another. [There were two of the altered Farthings showed to the Witness.] These are like them, they are King George the Second's Farthings. I am positive to both the Prisoners, they used to work at this Business at Garret Cavenagh 's * and Patrick Kelley 's. - I made my first Information last Christmas Day past.

* Garret Cavenagh, and his Wife, and Patrick Kelley , and his Wife, were tried last January Sessions, and convicted of High Treason, upon the Evidence of this John Graham , and others. See Trial 116, 117, 118, 119. Page 70.

Q. Have you seen them alter more than one, to make them resemble and pass for Sixpences?

Graham . Yes; I have seen them do a hundred - I have seen both the Prisoners go through all the parts of this Business, altering the Impression, filing them to a Thickness, bringing them to the Breadth, polishing them, bending them, and silvering them over, and I have seen them pass them off.

Q. Were you never informed against for this practice?

Graham. I was in Custody in the Year 1738, and since that Cavenagh and Kelly laid an Information against me for counterfeiting the same.

Q. And you were an Evidence against them, and now you have the good Fortune to be an Evidence against these persons?

Graham. Yes; I have.

Q. Have not you been so kind as to desire a little Money of Flood?

Graham. Yes; perhaps I have; ask me what you will, and I will answer you.

Q. Have not you sent to Flood to demand Money of him, and to tell him, if he did not give it you, you would turn Evidence against him?

Graham. I had had some Difference with Flood, and in August last I met him and Bargaine , and four or five more by Camberwell , with Hoes and Sticks , and I was afraid they would do for me, because they knew what I had done; they came up to me, and said, are not you afraid to do so and so? I said, you threatened to lay an Information against me, and I do not know for what, for I never endeavoured to hurt you; Says Bargaine, I am going to Portsmouth to Morrow, I will give you a couple of Guineas if you will not be Evidence against me; so he gave me a couple of Guineas; I thought I would give them good Words till I got away.

Q. Did you go away with the two Guineas?

Graham. Yes; they gave them me in a Day or two; I went to Labouring Work, and there was a Constable on the other Side of the Water, that said Bargaine was taken up for a Robbery in Surrey; [he is brought here by a Habeas Corpus ;] I went to Mr. North that Night with a Constable to prove he was the Man - I cannot fix the Day I made the Information.

Q. Did you know Dennis Kennedy , and Rose Kennedy ?

Graham. Yes; I know them to be Affidavit people; they are vile wicked people; there is such a parcel of this Irish Gang about, that if this place was Diamonds they would swear it.

Sarah Graham confirmed the Evidence of John Graham , with Respect to the Prisoners performing every Branch of that Business, and that they have done this till their Fingers have been blistered, and that sometimes they were so hot they would stick to their Fingers.

Sarah Graham . Flood's Wife has put off twenty six in an Evening, and Bargaine's Wife twenty four or twenty five many an Evening - The least we put off was twenty four or twenty five of a Night; when we went out we used to say to one another, Good Luck to you; we used to lay them out for some small Matter or other, and get good Money in the room of them - I have seen the Prisoners fell the Filings of the Half-pence and Farthings for 7 d. per pound. [There was a Box of paste produced.] Mr. Bargaine had such an one, and Mr. Flood had such an one - I believe it is the same Stuff [smells at it] it is the same Sort of Stuff; sometimes they have cut them cross the Face, and then they would pass better than another; and they said they would serve the K. so if they could: There are several people here to swear against me, Flood's Sister, &c.

Mr. North produced two pieces of Money resembling Six-pences, which had been altered, and which he had of Mr. Matthews , and which he said were both Copper Farthings of the present King's.

Mr. Matthews . I keep a Publick House, the Swan near St. George's Church, Southwark, Charles Flood and two more came for a full pot of Beer, and Flood gave me this Farthing for a Six-pence; I rubbed it upon the Floor, and delivered it to him again; said I. honest Man, what makes you use me so, it is but a Farthing; then they gave me this, I returned it again, and afterwards desired them to let me see them again, and they gave them me; said I again innocently, Methinks you are full of this Sort of Money (I cannot say that ever I saw Bargaine) Flood took an Apple out of his pocket, and flung this Box [the paste for colouring] out of Doors, and there was the print of one of these pieces in the Apple; this was the 18th of November, 1741.

Q. Recollect yourself how long this was ago?

Matthews . It was two Years ago the 18th of last Month.

Q. to Graham. Were you ever concerned with them since Cavenagh and Kelly were tried?

John Graham . No, not in this Way - I was taken up this Month was twelve Months - I saw Bargaine and Flood making Farthings into Six-pences, and Half pence into Shillings, the Week before I was taken into Custody; I was taken up for an Assault, and made myself a voluntary Evidence in this.

Sarah Graham - I cannot justly remember how long it was before my Husband went into Confinement ; I saw them making some about a Fortnight before Christmas, I believe it was about the eighth or tenth of December; the last I put off for Mr. Flood and Mr. Bargaine was for a Quarter of a pound of Sassasras .

- Boyle . I took Bargaine up some Time in February last upon the Information of Graham, and by Clerkenwell Watch-house he made his Escape; the next Time I saw him was in the New Goal in Southwark; a little before last Sessions Graham and his Wife charged me with him.

It appearing that the Farthings, which were produced, had been altered and uttered before the Commencement of the Act of Parliament, which did not take place till the 29th of September , 1742, and there being no working Tools or Materials for that purpose found in the possession of the Prisoners, they were acquitted .

+ 72, 73. Simon Emanuel , and Samuel Moses , of St. James's Westminster , were indicted for stealing a repeating Watch , with two Gold Cases, and a Shag Case , value 25 l. the Property of the Right Honourable Lord Viscount St. John , in the Shop of John Seddon , August 1 .

The Prisoners were indicted separately, though it is here put into one Indictment.

Samuel Moses not understanding English well, Abraham Bendictus was sworn Interpreter.

John Seddon . The beginning of August I lost a Gold repeating Watch out of a Closet in my Shop ; I did not miss it for five Days, I took my Day Book to examine what Watches I should have, and missed this; I advertised it, and in about seven or eight Days Elias Mordecai came and asked me if a Watch had not been taken out of my Shop; I asked him, if he could help me to it; he said he had seen such a Watch in the Hands of some Jews; I asked him his Intent in coming, and that I supposed he came to see if he could get any Thing for himself; I told him, I would give him two Guineas, besides twelve Guineas I had advertised, if he helped me to it; he came again in two or three Days, and asked my Servant if he could know the persons who were in the Shop; he said, yes; he appointed him to go on a Saturday Morning at the Time they came from the Synagogue, and my Man knew one of them; says Mordecai , do not meddle with him, I know where to find him. I let Mordecai have a Guinea, and he came one Day and desired I would go with him to Pimlico, by Buckingham-House , and when I came there was Simon Emanuel ; I asked him, if he could give me any Account of this Watch; he told me, he was with the person who had pawned it, and described it to me, but then I did not know he was one of the persons who was in my Shop; I was to have had my Watch brought me, but they wanted a farther Reward of four Guineas. Emanuel was brought before Justice De Veil, November 5. and his Examination taken in Writing - He did not own he took it, he owned he was in the Shop with Moses; he said, I should either have my Watch, or a valuable Consideration for it, if I would put off his Examination from Saturday to Monday. I never had it again, I cannot supply it under 45 l. I never saw Moses till I saw him at the Bar.

Elias Mordecai . I deal in Glasses; I set my Basket one Day upon a post, and saw Moses show a Watch to two Gentlemen, when he was gone, I heard the Gentlemen say he is a pretty Fellow to have a repeating Watch; I knew him to be a person of a bad Character; then I went about my Business; five or six Days after, I read in the Advertiser, that there was a Watch lost belonging to Mr. Seddon ; I went to him, and asked him, whether he knew which way he lost it? he said, no; I told him I saw such a Watch showed to two Gentlemen; said I, how came you to let alone advertising it so long? if you had advertised it, these Gentlemen might have stopped it: I thought Simon Emanuel could tell me whether I could get the Watch or no; said I, you were walking with such a Man, and he had a Gold repeating Watch; yes, says he, Samuel Moses has; said I, do you know how he came by it? he said, he could not tell; said I, you will have a Guinea down, and afterwards a Reward of twelve Guineas, if you can give any Information of this Watch: Emanuel said, I will not make any Noise about it; do you go to Mr. Seddon, and ask him, whether there was a Key to the Watch; says he, I will be as good as my Word, and tell you where the Watch is, for I was by when it was pawned . I went to Mr. Seddon, to ask if it had a Key; and he said it had no Key; I spake to Moses about it one Day, and he said, if I would have patience till Monday, he would produce the Watch - Emanuel said, it was pawned to one Marks a Jew in Houndsditch; and Moses was by at the same Time and did not deny it - Moses said, he had pawned it, but he did not say where.

Sarah Mordecai . My Husband was in a Passion with Moses about the Watch, and Moses said, don't be in a Passion, tell the Gentleman if he will stay till Monday, I will make every thing easy.

Gilbert Trow . The beginning of August the two Prisoners came to my Master's Shop, and asked for a second-hand Silver Watch; I shewed them some, and Emanuel was the Interpreter: I could not tell the price of the Watches, so I desired them to come again: The Watches hang on Hooks in the Closet; Moses came into the Closet, and Emanuel stood on the out-side of the Closet; then Moses went without the Closet, and Emanuel desired a large Silver Watch to be taken down, and Emanuel said, This will do; and I apprehend when I handed that Watch to Emanuel, Moses took this off the Hook; for the Watch was hanging there when they came in - I am very constant in the Shop, and am very certain I saw no Body in the Closet since the Time it was seen till the Time it was missing but them - When Simon Emanuel was carried before the Justice, he said, he would not make any Confession, because he desired it might be put off till Monday; but he owned he was in the Shop. Moses was taken up for a Robbery at Ipswich ; I went to him in Newgate, and said, how do you do, Mr. Moses? Said he, I don't know you. Said I, Do you know Mr. Seddon in St. James's? He seemed to be a little at a Stand; said I, do you know any thing of the Watch of my Lord St. John's? He said, When I come before the Judge I know what to say; but he said, a Dutch Jew who is gone abroad had the Watch. I went with Mordecai to Marks, the Jew, and asked him for the Watch; he denied that he had it; I said, If you will deliver me the Watch, I have twelve Guineas in my Pocket to give you, which is more than you lent upon it: He took me by the Collar, and was going to shove me out of the Shop; I said, I came from my Master, and desired him not to use me ill; he bid me go about my Business.

Lazarus Jacobs. I am a Spectacle Maker; I never knew Simon Emanuel guilty of an ill Action.

Thomas Simkins . I am a Watch-Maker; I have known Emanuel these two or three years; I never heard any Harm of him.

Abraham Benedictus . I am in the Watch making Business; I have known Emanuel from an Infant at Amsterdam ; he goes with People as an Interpreter, either to buy or sell; I never knew any Harm of him.

Elias Soloman . I am a Lapidary; I have found Emanuel to be a very honest Man. Acquitted .

+ 74, 75, 76. Samuel Moses *, Michael Jude , and Solomon Athorn , otherwise Selick , of St. George Bloomsbury , were indicted for breaking and entering the Dwelling-House of William Young , about three in the Night, and stealing a Silver Tankard, value 6 l. a Silver Snuff-Box, value 6 s. a Shell Snuff-Box, mounted with Silver, value 5 s. a Silver Watch-Chain, value 2 s. thirty four Thimbles, value 30 s. a Shirt, value 2 s. twenty six Gold Rings, value 15 l. two Gold Rings set with Diamonds, value 40 s. one Pair of Gold Drops, value 10 s. seven Pair of Gold Ear Rings, value 1 l. 10 s. a Silver Pepper-Box, value 10 s. a Silver Saltseller, value 5 s. two Silver Spoons, value 16 s. two Tea-Spoons, value 3 s. one Pair of Silver Shoe-Buckles, value 8 s. and one Pair of Knee-Buckles, value 3 s. the Property of the said William Young , Nov. 9 .

* Samuel Moses was tried on the last Indictment; he is a Frieze , and Solomon Athorn a Polander .

Abraham Benedictus was sworn Interpreter to Samuel Moses and Solomon Athorn .

William Young . I am a Silver-Smith ; on the 9th of November, I went to Bed about 11 o'Clock, and about 2 or 3 I was alarmed by my Boy, who lies in the Shop; he came up Stairs, and knocked at my Chamber Door, says he, For God's sake come down, for I am afraid your Show-Glass is gone; and the Street Door is wide open. I jumped out of Bed, called out Watch, went down Stairs, found the Shop Door open, and the Show-Glass taken away; and I lost the Things mentioned in the Indictment: I found the Kitchen Window broke open, where there is a Door and an Area - I did not see the Door fastened that Night; I found in the Kitchen Window a Head of a Chissel in two Parts tied together, and a hammer; upon my calling out, three or four Watchmen came, and in about an Hour and a Quarter a Watchman brought my Show-glass back again, with about nine or ten Pounds worth of Goods in it. On the 21st of Nov. I received a Letter from Justice Sparrow of Ipswich, wherein he acquainted me, that the three Prisoners were apprehended, and that there was the Body of a Quart Silver Tankard taken upon them, and the Lid; and that upon a strong Suspicion of a Robbery, he had committed them to Ipswich Goal; I went down to Ipswich, and at Justice Sparrow's I found my Tankard, the Body, Lid and Handle all separate; I know it by the Marks upon the Handle M. H. and E. C. it was a Family Tankard of my Wife's; I have had it about four Years. I found these two Snuff-Boxes, which I am positive are mine; I should have known them from a Thousand, and this Silver Watch-Chain; I knew it, though it was fixed to Samuel Moses 's Watc h. I found these Thimbles, I know one of them to be mine by the Letters M. Y. the fellow of this Ear-Ring was left in the Show-Glass; these I found at Justice Sparrow's.

William Richman . I am Constable of Ipswich; on the 17th of November I had a Warrant from Mr. Cox of Colchester to search for the three Prisoners by their Names, for they had robbed him. I took them all up; they had Nap-Sacks with them; I would not suffer them to go up to their Chambers, but fetched them down out of the Chamber which they were to lie in; they owned they were bound for Holland; I found the Body and Lid of the Tankard in Michael Jude 's Nap-Sack. The Justice asked, how he came by it? He said, he found it at Chelmsford in the Street. The handle was not found till next Day; they had conveyed that into the Street; I should not have found them out, if it had not been for that I found ten or eleven Thimbles; one of them was marked with M. Y. I found these two Snuff-Boxes in Samuel Moses 's Pocket.

Young. These are mine.

Richman. Solomon Athorn went by the Name of Selick; but I found out his Name was Athorn; I was told, that Selick is Dutch for Solomon .

Abraham Benedictus . It is the same as Solomon.

Richman. I don't know of any Thing but Money that was found on him, or any Thing that Mr. Young owned.

Thomas Cox . I drive the Colchester Coach ; these three Prisoners came to me the 15th of November at Chelmsford , and wanted to go to Colchester; I carried them to Colchester, and one of them lodged at my House; I went to London the 16th, came back the 17th; my Wife told me I was robbed by the three Jews; I went to Ipswich, got a Warrant from Justice Sparrow, and took them - There was nothing taken from Athorn but Money concealed; the Tankard was taken out of Michael Jude 's Nap-Sack, but there was no Handle, and the Chain off Samuel Moses 's Watch.

Rebecca Spragg . I have been Servant to Mr. Young about four Years; I fastened the Door and the Kitchen Window about eleven at Night, and left the Tankard in the Kitchen; I know the Tankard; it has been in my Mistress's Family near 100 Years.

William Prior . I lay in the Shop; the 9th of November, between two and three in the Morning, I heard the ratling of a Chain upon the Counter; I cried out, What are you? No Body answered, but I heard a Foot go out of the Shop; I heard the Glass break, and then I went up Stairs and called my Master.

Young. The Handle was found the next Day, and brought to Justice Sparrow's; then Jude said, he had it of Selick to fell, and that Selick said, if he would not do it he would inform against him. Moses would have made a Confession upon Condition of being made an Evidence; Justice Sparrow said, if he would make an ingenuous Confession of all the Robberies they had committed, he should have Favour; and then Moses said, that he and Joseph Mckoy were at a Night-House the 9th of Nov. between twelve and one, and then went to the other end of the Town to Young's House - Selick owned that he made the first Attempt, but could not break open the Door, but Mckoy and he broke it open; that he did go down into the Kitchen and take the Tankard; and Mckoy said, sure there must be something more, and then they took the Pepper-Box, and Selick said, he had six Gold Rings, which he sold to a Portugueze Jew ; he said, that Jude was not there at the Time of the Robbery, but that he showed them the House in the Day-Time, when Moses and Mckoy were with him - Moses owned the Fact, and that he was upon the Watch.

Richman. I heard Selick say, that Michael Jude showed him the House in the Day-time, but that he was not in the Robbery. Moses owned he was at the breaking of the House, and went in; Moses made the first Confession.

Moses. I bought them of Mckoy and Selick; I can prove it.

John Garret . I have known Moses about two Years; he deals in Black-lead, he has the Character of a civil honest Man.

John Davey . I have known him about two Years and a Half, he always bore a good Character in the Neighbourhood.

Rebecca Jevens . He has been a Lodger in my House between three and four Months last past, and always behaved in a very regular civil manner; he never was out of my House after twelve but one Night, and that was about six Weeks ago.

Levi Jacob , Thomas Howard , and John Fountain , gave Samuel Moses the Character of a civil honest Man.

Aaron Lazarus gave Michael Jude the Character of a very honest Man, and Mordecai Lazarus said, he had trusted him with some hundred pounds worth of Goods; that he was his Servant abroad; that he has known him two years in England, and that he always had the Character of an honest Man.

Samuel Solomon . Michael Jude has a very good Character here and at Amsterdam . Guilty , Death .

+ 77, 78. Thomas Broughton , and Samuel Jackson , of St. Mary at Hill , were indicted for assaulting Thomas Hobson on the Highway, putting him in Fear and taking from him four Guineas and six Shillings, his Property , Oct. 25 .

Thomas Hobson . The 25th of October in the Morning I was going down Thames Street , Broughton brusles up to me, and laid his Hand upon me; I being a little infirm, he had like to have thrown me down; said I, What do you assault me in the Street? He brusles up to me again, and made a Noise thus, Boh! Boh! Boh! he did not speak; then I believe he picked my pocket; in about a Minute's Time I missed my purse: coming down Love Lane, Mr. Rutherford, a Gentleman who was passing by, seeing me in a Surprise, asked me what was the Matter; I told him, I had been robbed of a Purse of Money; he said, I saw two Fellows go into the Cock, and one of them had a Purse in his Hand; I went into the Cock, and in the House I saw the Prisoners; I said to Broughton, You are the Man that robbed me; he said, I don't know you; I said, You have got my Purse; he said he would stand Search; the Purse was found upon a Seat near where the Prisoners sat.

Prisoner. It is very improbable I should put a Man in bodily Fear in the middle of the Day.

John Rutherford . Coming down Love Lane, I saw the Prisoners, and one of them had the Purse in his Hand; they seemed in a Hurry, and scuffled along very fast; I took very good Observation of them - To the best of my Knowledge Broughton had the Purse; I described the Marks of it before it was found - I went into the Alehouse, turned short, and said, these are the Men, and Mr. Hobson went directly to Broughton, laid his Hand upon him, and said, you are the Man that robbed me - We found the Purse on the Seat where Jackson sat, the two Prisoners sat at a Table opposite to one another.

Robert Powell . The Prisoner offered to stand search, and said, What do you think a Gentleman of my Function would rob any Body in the Street? We got a Candle, and in a Hole at the Corner of the Seat there it was.

Edward Walford and John Bust said, the Purse was found as before mentioned.

Broughton Guilty of the Felony, Jackson acquitted .

[Transportation. See summary.]

79. Mary Davis , was indicted for stealing a Copper Sauce Pan, a Straw Hat, three Tea Spoons, a Cambrick Apron , &c. the Goods of Daniel Allen , Oct. 17 .

Daniel Allen . I took the Prisoner out of the Street into my House to keep her from starving, and she stole several Things besides these; some were sold to Mary Vaux in Field-Lane. Guilty .

[Transportation. See summary.]

80. Thomas Gandall , was indicted for stealing a pair of Hand Screws, value 5 s. the Goods of Daniel Towne , Nov. 8 . The Prosecutor not appearing, acquitted .

81. Francis Stuart , was indicted for stealing two Sheets, and a Sauce Pan, value 8 s. the Goods of William Robison , in his Lodging , Nov. 10 .

He was a second Time indicted for stealing three Sheets, a Pillow, a Bolster, and a Pepper-Box, value 6 s. 6 d. the Goods of William Robison , Nov. 10. Acquitted .

82. Thomas Penny , was indicted for stealing three Saws , the Goods of Richard Gardner , October 26 .

Richard Gardner . The Saws were locked up at Night, and in the Morning they were gone; I found them pledged in the Name of Penny; the Prisoner owned the taking them. Guilty .

[Transportation. See summary.]

+ 83. Peter Rogers , otherwise Lewis Jonaquire , was indicted, for that he after the 29th Day of June, 1729, to wit, on the 2d of December , in the 17th Year of his Majesty's Reign, at the Parish of St. Botolph without Bishopsgate , in London, did forge and counterfeit, or cause to be forged and counterfeited, a certain Paper Writing, purporting to be a Bill of Exchange for the Payment of a certain Sum of Money, which said Paper Writing is in the Words and Figures following.

Amsterdam, 6me Decem. 1743, pour 25 l. Sterl .

A vile paiez cette seule de changed Dordre de Monsieur Jacques Laurent la somme de vings cinq livres sterling, valeur requ de Monsieur De la Fontaine, que posserez suivant Davis de

Jean Isaac Fremeaux .

A Monsieur Monsieur Pierre Muylman , sola Londres.

And this is set forth to be done in order to defraud the said Peter Muylman of the said Sum of 25 l. of lawful Money of Great Britain, against the Peace of the King, &c.

He was a second Time charged for publishing this Bill knowing it to be forged, in order to defraud the said Peter Muylman of the said Sum of 25 l.

Henry Muylman . This Day Sev'night about ten in the Morning the Prisoner came to my House and brought a Letter directed to my Brother Peter Muylman , and delivered it to me; I suspected it to be a Forgery, because the Bill was drawn on Peter Muylman only, and our Correspondents draw on Henry and Peter Muylman . I told him, my Brother was not there, and I did not care to open it; he said, I believe there is no Secret in it, you had as good open it; accordingly I opened it, and in this outermost Letter here was a Bill of Exchange, and another Letter inclosed, in which was only Advice of this Bill of Exhange ; one Letter was in English, the other in French.

The English Letter was read.

December 2, 1743.

'' SIR, Having received Yesterday from my '' Friend Mr. de la Fontaine, in Amsterdam , a Bill '' of Exchange for 25 l. Sterling, with a Letter of '' Advice, I send you them both inclosed; and '' as I am obliged to be in the Country for some '' Days, I desire you to send me by Mr. Peter '' Rogers the value of the Bill, which I have indorsed '' Blank, and as it is to be paid at Sight, I '' hope you will not scruple to pay it to the said '' Mr. Peter Rogers , for I must send Word to my '' Friend at Amsterdam this Evening; and am,

Your humble Servant,

To Mr. Peter Muylman .

'' J. LAURENT.''

Henry Muylman . I have translated the French Letter; I did not stand so much upon the Nicety of the Stile, as the Truth of the Translation - It is a true Translation.

[The Translation of the Bill of Exchange was shewn to Mr. Muylman.]

Mr. Muylman. This is a true Translation of the Bill of Exchange drawn on my Brother.

Amsterdam. December 6, 1743, for 25 l. Sterling.

At Sight pay this my sole Bill of Exchange to the Order of Mr. James Laurent , the Sum of 25 l. Sterling , Value received of Mr. de la Fontaine, which place according to Advice, Jean Isaac Fremeaux .

To Mr. Peter Muylman ,

sole London.

Mr. Muylman . This is the Translation. The French Letter I take to be in Substance as I have translated it - This is New Stile, it is the 25th of November in Holland.

The Translation is as follows.

To Mr. Peter Muylman .

Amsterdam, December 6, 1743.

'' SIR, Having Occasion for a Parcel of Rice '' and Pepper, I have the Honour to write to you '' this my first Letter of Advice, and desire you to '' be so kind as to buy for me at the current Price '' twenty five Bags of black Pepper, and fifty Bags '' of Carolina Rice . I desire you to send this '' Merchandize by the first Ship; be so good as to '' draw on me for the Amount of one Month.

'' Mr. de la Fontaine. My good Friend having '' Occasion to remit a small Sum, has desired me '' to furnish him with a Bill of Exchange, I take '' this Freedom to draw on you this my sole Bill '' of Exchange for 25 l. Sterling, to the Order of '' Mr. James Laurent , Value of Mr. de la Fontaine, '' for which you have Credit. I desire you to Honour '' this Bill, and when you draw for the Rice '' and Pepper, draw likewise for the Amount of '' the Bill.

'' Your humble Servant,

'' Jean Isaac Foremeaux ''

Henry Muylman . I appointed the Prisoner to come to me again at two o'Clock; the Moment he was gone I went to my Brother at the East India House, and acquainted him with it; he told me it must needs be a Forgery; when I came Home I sent for a Constable, and ordered my Man to be in the Way; soon after the Man knocked at the Door, I bid him come into the Parlour; said I, Do you come about the Bill of Exchange you brought in the Morning ? He said, Yes, Sir; said I, This Bill of Exchange is endorsed Blank, and it is usual for the Person who receives the Money to testify it to be the Hand of the last Endorser, and desired him to witness it, to prove that it was the Writing of James Laurent the last Endorser; I asked him, whether he would be paid in a Bank Note, or Money, he said, Which you please; then I said witness it; he said, Sir, I cannot write; then said I, make your Mark; when he had made his Mark, the Constable wrote these Words, The Mark of Peter Rogers ; when he had witnessed it, I told him I had a strong Suspicion that it was not a fair Thing, and insisted that he should go before Sir Edward Bellamy; Sir Edward interrogated him, who he was, what he was, and where he came from; then instead of saying he came from Mr. Laurent at Richmond, as he had told me, he said the Bill was given him by a Gentleman in the Street, who bid him carry it to my House, and bring the Money to him at Tom's Coffee-House, whether he meant Tom's Coffee-House in Cornhill, or any other Coffee-House, I cannot tell: This Contradiction put Sir Edward upon asking many other Questions; he asked him, whether he could produce any Body to his Character; he said, no Body knew him in the City; Sir Edward told him the Presumption was strong against him, and he must be obliged to commit him; then he fell down upon his Knees, begged very hard to be discharged, and desired to speak with me alone; then he told me, if I would intercede for him, he would confess all; I told him, as I was before a Magistrate, that I did not know whether my Intercession might prevail; he confessed the Whole to me, and afterwards to Sir Edward; I believed he repeated it six Times over - He confessed the counterfeiting the Bill of Exchange, the Letter of Advice, and the Letter from Mr. James Laurent .

Q. Did he write, or did he not?

Mr. Muylman . After he had confessed, he begged he might not be committed; but when he saw his Commitment was making out, he said, What a sad thing will this be for my Wife, who has not a Farthing in the World. I put my Hand in my Pocket, and gave him a piece of money (I speak it to show that by this I found he could write.) Sir, said he, I don't care what becomes of me ; I desire you would send this to my Wife. I desired he would give me a Direction where I should send it: He took the Letter, and wrote upon the Back of it with a Pencil, as good a Hand as need to be wrote. I pressed him very strongly (as there was so great a Difference between the two Writings ) to let me know who was concerned with him; and I said I was informed there was somebody concerned with him; he said, he was the only Person who forged the Letters and the Bill; and he would not let other People suffer for the sake of his Life.

As he was carrying to Newgate in a Coach, he said to the Constable, I hope I shall be transported, for then I shall go into my own Country.

Thomas Blisset . (Constable) I saw him make his Mark on the Back-side of the Bill; he said, his Name was Peter Rogers , and I wrote it as such upon the Bill; he confessed the forging the Bill of Exchange and the Letters; Mr. Muylman asked him how he came to think of him any more than any other Person? he said, Sir, it was the Devil. Guilty of forging and publishing, Death .

Mr. Peter Muylman presented a Petition to the Court in favour of the Prisoner.

+ 84. Thomas Hill , of St. Martin's in the Fields , in the County of Middlesex, was indicted for feloniously counterfeiting and resembling upon a certain Paper and Thread inclosing a Pack of playing Cards, the Impression of a Seal, Stamp, and Mark, made and used, in Pursuance of a Statute to seal, stamp and mark each Pack of playing Cards with the said Stamp, to denote the Payment of the Duty of Six-pence charged on each Pack of playing Cards, intending thereby to defraud the King of the said Duty, and did defraud the King of the said Duty, against the Form of the Statute, and against the Peace of the King his Crown and Dignity. He was likewise charged for uttering, vending and selling one Pack of playing Cards, with a false and counterfeit Seal, Stamp, and Mark fixed on a certain Paper and Thread inclosing the said Pack of Cards, knowing the said Stamp to be false and counterfeit , intending thereby to defraud the King of the Duty of Six-pence, and did defraud the King of the said Duty, against the Form of the Statute, &c. He was also charged for uttering, vending, and selling one Pack of Cards, made fit for Use in Great-Britain, with a false and counterfeit Stamp on the Paper and Thread, inclosing those Cards, knowing it to be false and counterfeit, against the Form, &c. and this is laid to be on the 10th of Nov. in the 17th Year of his Majesty's Reign.

The Council for the Prosecution set forth, that this Indictment was founded upon an Act of Parliament made in the 10th Year of her late Majesty Queen Ann , in order to prevent the counterfeiting the Impression of that Stamp which was provided by that Act of Parliament, to secure the Duty which the Legislature had laid upon Cards, and also to prevent the selling of Cards with a false and counterfeit Stamp, knowing it to be false and counterfeit; that the Prisoner had these two Charges against him, both of which were by that Statute made Felony, without Benefit of Clergy; that the Act directs, that the Commissioners of the Stamp Office shall order and appoint proper Stamps and Marks which are to be put on the Paper and Thread which inclose the Cards; and that they shall from Time to T ime give Orders for the making such Stamps; and therefore in order to prove that the Stamp which the Prisoner is charged with counterfeiting was made by order of the Commissioners appointed for that Purpose, Mr. Nock was produced.

Mr. W. Nock, Chief Clerk to the Secretary of the Stamp-Office, proved, that the Dye which was counterfeited was made pursuant to an Order of the Commissioners of the 4th of June 1736, and the Plates for the Ornaments by an Order of the 5th of July 1739.

Mr. Pyne, the King's Engraver for the Stamp-Office, produced the Specimen, and proved the making of the Plates for the Labels to be pursuant to the Order of the Commissioners of the 5th of July 1739, from 105 to 117, from 118 to 131, from 183 to 195, from 196 and to 208.

Mr. Tuslian . The Prisoner has been my Servant about eight Years; about two years and a half ago, he said he wanted to speak to me; said I, what have you to say to me? he said, he had a Scheme in his Head, that would turn to my Profit and his own; he said, he could get a Label made in order to stamp the Cards with, and said, if you will let me have ten Guineas, to get Things in Order, I will get it done; and I did let him have ten Guineas; then he said, he wanted a rolling Press; said I, What do you want that for? he said, I cannot do without it. He got a Rolling-Press, and he brought the Man to me to pay him, and I paid him 40 s. on two Guineas; then I asked him, what he expected per Week; he said 18 s. I gave it him; in a little Time he said, he was only working for me, and would have more; he said, he would have 12 s. per Week, and 2 d. a piece for the Labels. I found myself under a Necessity of complying with it - The Press was put up in my back Garret in Charles Street by St. James's Square. I was so ill that I never was in the Garret then nor since. He began to furnish me with the Labels and Stamps about two Years and a half ago, and continued to furnish me with them till within these three Months, only there were some Intermissions when I was sick; for I used to put the Labels upon the Cards - They are to denote the King's Duty being paid - I sold a great many Cards with the counterfeit Stamp - I believe four or five thousand - We used more of the Stamp-Office Labels than we did of the Counterfeits - After he went from me to set up for himself, I gave him 2 d. a piece when he worked - He continued but a very few Weeks at 18 s. then I gave him 12 s. per Week, and 2 d. a Pack; and upon these Conditions he continued I believe about a Twelve-month; then he left me - I do not know where he worked; I have asked him several times, and he never would tell me - After he left me he had no weekly Wages, only 2 d. a Pack for the Stamp - I parted with him because he would not stay any longer. He wanted me to leave off Trade, and trust him with all I had in the World; and because I would not do that, he went away in a Huff, and took a House at the Knave of Clubs in the Hay-Market - The Press was gone out of my House long before our Difference - I never saw it, nor don't know that ever he used it - I have heard, that the Stamps may be taken off so as to be used again; I cannot tell whether he ever did so; I never did.

Q. What do you call these Papers that inclose the Cards?

Tustian. A Wrapper for a single Pack is called a Jow , and a Wrapper for six Packs is a Sission - The Stamps are pasted on at our Houses by the Officers of the Stamp-Office.

Q. Is it not usual for Gentlemen's Servants to take the Stamps off the Cards with warm Water and sell them?

Tustian. I believe it is done; but I never asked the Price of one in my Life.

Philip Pinkney . I am a Clerk in the Secretary's Office; in the Month of September I had an Information, that Thomas Hill the Cardmaker had taken a House in a Passage in Long Lane in Southwark; I suspected, that he made Cards secretly, and got a Warrant to search; I found in his Garret a Rolling-Press, two flat Stones, one with some Pink-coloured Paint upon it, and a Stone they call a Muller; a Grate to set a Pan of Charcoal upon, to warm the Plate over; red Paint mixed and unmixed; Oil, Whiting, &c. such as they use in the Office for making the Labels. Upon finding these Things, I suspected that he had counterfeited the Stamp. [Mr. Hill's Day Book was produced.] I think this is what they call his Day-Book. I have examined the Book, and find, that he has sold and delivered to Persons upon Credit, 901 Doz. which is 10812 Packs of Cards, since September last; and the Prisoner has entered at the Stamp-Office in that Time 7678 Packs [So that he has sold 3134 Packs more than he has paid the Duty for, besides what he has sold for ready Money.] This is exclusive of Cards for Transportation, for he gave Bond for them. I verify think this to be his Hand-Writing.

Coun. Is not red Paint used in painting the Pips upon the Cards?

Pinkney. Yes, but they don't make use of Oil in that, but this was mixed with Oil - The Rolling-Press is necessary in the printing of Sissions, but not the Oil.

Mr. Pyne. A Rolling Press is not necessary in the Business of a Cardmaker; there is no Occasion for a Rolling-Press for the Jews, if they are done in Wood, as they commonly are; Sissions are commonly done upon Copper, but I never knew a Card-maker that made them himself, because they can buy them by the Thousand cheaper. [Mr. Pyne confirmed the finding the Implements and Materials, as mentioned by Mr. Pinkney.]

Q. Did you find any Plates or Dye in the Prisoner's Custody?

Pyne. No; neither Plates, Dyes, nor Stamp; but there was a Paper found with a Piece cut out of it just the Bigness of the Stamp which is used upon the Cards.

Joseph Jarvis . On the 31st of December last, I bought three half Dozen Packs of Cards of the Prisoner, and sold four Packs of them to Mr. Pyne; I believe these are the Cards, I never had any any where else; I wrote my Name upon them, and they were sealed up with my Seal.

Mr. Pyne . These four Packs of Cards I bought of Mr. Jarvis , and they were sealed up in his Presence; and for greater Security, Mr. Jarvis and I both wrote our Names upon each Pack of Cards - These are every one of them different Stamps from the Stamp of the Office.

Q. Give us an Account what Observations you have made with Regard to the Difference between the Stamp of the Office and that.

Mr. Pyne . The first Difference I have made an Observation of, is, that in the Harp, which is the Arms of Ireland : In one Quarter of the King's Arms in the Stamp of the Office there are but five Strings, in this there are seven or eight, but they are so blind that one runs into the other. The next Observation I made, is, that from the Buckle of the Garter to the end of the Strap is a considerable deal longer in this than in the Stamp of the Office; and there are four more Stubs or Holes in this for the Tongue of the Buckle to go in, than in the Stamp of the Office. The next Observation is, the Arch of the Crown on the Top of the Garter is more arched, and brought down to the Middle of the Cross of the Crown more in this than in the Stamp of the Office. The next Observation is, that the Top of the Letter (N) in the Word Pence under the Garter, is a great deal nearer the Bottom of the Garter than in the Stamp of the Office: Then in the Label there is a great deal of Difference in the Number 201 (these four Packs are all Number 201;) in the Word (Stamp) there is a Difference in the Stroke that goes cross the (T;) the (P) in the same Word is different; the Stroke that runs from the (O) through the two (FF's) to the (I) is different; the (C) and the (E) at the end of the Word Office are remarkably different; in the Top of the (F) and the Tittle of the (I) there is a visible Difference; in the Word (Duty) there is a Difference in the (Y) and the whole Word (Pack) is more remarkably different from the Stamp of the Office; there is a Difference in the Cypher over the Ornament, it is larger, and of a different Shape - I am thoroughly satisfied they are not the Marks of the Office.

Q. You say there are no more than five Strings to the Stamp of the Office. Look at that Specimen and see how many there are here.

Pyne . There are more than five Strings here, but this was made in 1714.

Q. Look at the Specimen of 1736, and see how many Strokes there are there.

Pyne . There are no more than five here, that is the Dye in Use; it never was, and cannot be repaired, the Steel is made so hard; when one Dye is wore out, there is a new Dye made.

Q. What Letters are on the present Stamp?

Pyne . Both A and B, they are both used at a Time for Dispatch of Business, only A and B are used for Cards, it is only the B that is counterfeited.

Q. Look upon the A and B that are now in use in the Office, and see if there is any Difference.

Pyne . It is hardly possible to see a Difference.

Prisoner. Does not the pasting on of the Label spread the Dye in the Middle?

Pyne . It cannot alter the Distance of the Letters.

Mr. Pinkney gave his Opinion, that the Stamp was a Counterfeit, and also the Label, and made several Observations relating to the Difference; but as he was not an Engraver, he said he could not make so many as Mr. Pyne.

Prisoner. Can you take upon you to say, that Mr. Rollis has not made an Alteration in the Dye?

Pinkney . The Dye was never altered, it has never been in Mr. Rollis's Custody since it came into the Office; we have had no Dye come into the Office since the Year 1736; the Dye is locked up every Night in the Office.

Daniel Mckay proved that he bought four Dozen of Cards of Mr. Hill, that he sold eight Packs of those Cards (which were all he had left) to Mr. Pyne; that he knew they were the very Cards he had of the Prisoner, because he sealed them up, and marked them, with his own Name. [The Bill of Parcels and Receipt produced] which being proved by Mr. Pinkney to be the Prisoner's Hand-writing, was read.

Mr. - bought of Thomas Hill, July 30, 1743.

Four Dozen of Cards - - 2 l. 2 s.

Received the same Time the full Contents of this Bill, and all Demands.

Per Tho. Hill .

Mr. Pyne. These six Packs and these two Packs I bought of Mr. Mckay , they are all Counterfeits, for the Reasons I gave before, they are the same Dye, and the same Copper Plate, they are all Number 201.

Mr. Pinkney. I believe I was at the buying of these Cards, here is my Name upon them, I am sure all these eight Packs are counterfeited. [There were some larger Parcels in Court ready to be produced; but as the Fact was sufficiently proved, the Witnesses were not examined.]

The following Letter was proved by Mr. Pinkney to be the Prisoner's Hand-writing.

To Mr. Tustian, These.

Newgate, Nov. 17, 1743.

'' SIR, I understand you have made yourself an '' Evidence against me, which very much surprized '' me. I beg that you will let me know the '' Particulars of what you have said, for the '' Thoughts of your making yourself an Evidence '' against me, gives me more Concern than being '' in this most miserable Place. I understand you '' have a good Room to be in, but I have none, '' nor no Money for me and my Family, nor no '' Body to come near me of any Signification. I '' beg you will consider of some Method of sending '' me some Money, and a particular Account '' of what you have said, by the Bearer: The '' World I find runs away with a Notion of my '' impeaching you, but I declare before God and '' the World that I never said any Thing against '' your Character in my Life. Pray send what you '' send me inclosed, and an Account of what you '' have said to a most miserable Creature,

'' Tho Hill .''

Prisoner. I beg leave to observe, that the sealing of the Cards will make such an Alteration in the Dye, that they are not like one another; and I have Witnesses to produce, that sometimes Mr. Pyne has said, he could not tell what to make of them.

The Prisoner called several Witnesses to his Character, William Masters , John Harris - Calloway , Thomas Taylor , William Crompton , James Miffin , &c. some of whom have known him twelve or fourteen Years, and gave him the Character of an honest industrious Man, and that they do not think he would be guilty of the Crime that he is charged with: Not guilty of counterfeiting the Stamp, but guilty of uttering, vending, and selling Cards with a false and counterfeit Stamp, knowing it to be false and counterfeit. Guilty , Death .

The Jury begged the Favour of the Court to recommend him to his Majesty's Mercy.

+ Mary Clifford , otherwise Boston , Edward Ettington , and Richard Kaines , of St. Buttolph Aldgate , were indicted for assaulting Margaret Gyles on the Highway, putting her in Fear, and taking from her three Ells of Holland, value 10 s. one Yard of Cambrick, value 4 s. 6 d. and a Silk Handkerchief, value 4 s. the Goods of Samuel Gyles , and a Cloth Cloak, value 10 s. the Goods of Susanna Frenson , Nov. 21 .

William Day . I am Beadle and Constable of Portsoken Ward. The 21st of Nov. at Night I was sent for to Mrs. Dudley's at the Queen's Head in Harrow Alley , upon Account of two Women being robbed; Mrs. Gyles and Mrs. Frenson were there; one of them was just come out of a Fit and very dirty; they said, they had been robbed by a Woman and five Boys; Ettington was there, and said that I knew the Persons who had committed the Robbery; I think he said it was Green-Gown Mary (that is the Prisoner) with two Carmen. I took Mary Clifford , that Night, out of Bed at Mrs. Sturgis's in Gravel-Lane; and she was next Day committed to the Poultry Compter. The Friday following Mrs. Gyles and Ettington came to me about finding these Carmen that committed the Robbery; there were some Thieftakers employed, and they brought Pugg to me, that is, this Ettington. Said I, this Person I can take at any time, and I don't think him guilty; they said, stay a little while, and we will bring you another; then they brought Kaines, and Kaines said, he had his Hand under Gyles's Coats while Clifford committed the Robbery.

Margaret Gyles . On the 21st of November, coming along Somerset Street, between six and seven in the Evening, Mrs. Frenson, seeing some Bottles and Glasses in a Window, said she was a little sick, and we went in; in comes this Mary Clifford and five Fellows; said Mrs. Frenson, that is the Woman that knocked me down. Said I, you may be mistaken; you can't swear to People's Faces; I spoke to the Prisoner, and asked her to go aside [to a private Place] - I asked her, because I thought she was not the Person Mrs. Frenson took her to be. I went out, and she with me; and when we came to the Corner of Somerset Street, coming from Harrow Alley by the vacant Place - about four or five Doors from the Place where we were drinking, she whistled and said, Now you B - h I will have my Revenge on you; I will cut your Throat from Ear to Ear; she said she would have my Heart's Blood, she would present the Blood Bowl to me; upon her whistling, the two Prisoners and three more Fellows came and surrounded me, and Clifford took Frenson's Cloak off my Back, and my Bundle from me; and then they all ran away in a Body together - I am sure that those two Youths are part of the Gang - The five Men rifled my Coats - Both the Prisoners had one Hand, if not both under my Petticoats - They did nothing else, they did not take any thing from me - I never saw the Woman before - I did cry out, but I could not cry out at the first Threatning, because they muffled my Head - One of the Boys went to kiss me with one Hand round my Neck, and the other under my Clothes - It was while they were kissing me, she took the Things - After I cried out Stop Thief three times; Clifford came back again with the Cloak over her Arm and the Bundle in her Hand. and knocked me down in the Mud, and said, take that in the room of the Blood Bowl.

Mrs. Frenson confirmed Mrs. Gyles's Evidence; that when Mrs. Gyles asked to go aside, Clifford took her into the vacant Place by Harrow Alley, and whistling, five Fellows came round her, some like Carmen, and some like Butchers, but could not swear to either Ettington or Kaines, any farther than seeing them in the Shop - that one of the five Men put his Hand under Gyles's Clothes, and another kissed her, while Clifford took away the Bundle, and then ran all away together; that upon crying out, Stop Thief! Clifford came back again, and pushed them both in the Mud, and stamped upon the Small of Mrs. Gyles's Back, and said, you B - h, take that instead of the Blood Bowl.

Q. Was there any Lamp?

Frenson. There was a Lamp or two at a Distance, but I could not well distinguish the Prisoners.

Q. to Gyles . Did not you see these two Boys that Night at the Queen's Head in Harrow Alley?

Gyles. Yes.

Q. How came you not to charge them then?

Gyles . Because I had no Assistance.

Q. You had the Constable along with you, and might have had what Assistance you pleased.

Gyles. There was not Assistance enough to carry them to Goal; I said that Night that Ettington was one of the Fellows - I did not know Kaines so well as the other, that was the Reason I did not accuse him.

Q. Did you see these two Boys at the Queen's Head that Night?

Frenson. Yes -

Q. Why did not Mrs. Gyles charge them then?

Frenson. Because she was in a Fit - Ettington said to me, if you will come to morrow at eleven o'Clock, you shall have your Things produced .

William Jones . Ettington told me there had been a Robbery committed upon two Women; I went with him to the Watch-house, and fetched Mr. Day the Constable; Ettington went with me into the Queen's Head, and the Women were there, and they did not offer to charge him - I am sure the Women were in Liquor.

Day. Mrs. Gyles was just come out of a Fit, I did not perceive them to be in Liquor. All acquitted .

+ 88, 89. William Merriman , was indicted for the Murder of William Warwick , by pushing and throwing him down, by which the Bone of the left Leg near the Ankle was broken, of which broken Leg he languished form the 26th Day of September , to the 7th of October, and then died ; and

Richard Merriman was indicted for aiding and assisting in the said Murder.

Daniel Wells . On September 26 I was coming along Bishopsgate Street , and saw Warwick lying upon the Ground, there was Richard Merriman and two more young Fellows, and one of them offered to kick him; he said those three Men had abused him, and broke his Leg; the Bone came through his Stocking; the Deceased took hold of William Merriman , and said, it was he that did it.

Mary Warwick . My Husband died of a broken Leg; he told me Richard Merriman knocked him down, and William Merriman stamped upon his Leg, and broke it, and said he would knock his Brains out - I do not know whether my Husband said it was William Merriman , but he said it was the little one, but we found by Mr. Lun who they were.

Elizabeth Fiddes . About twelve o'Clock Mrs. Coates and I were coming along Bishopsgate Street from Washing, the Prisoners came out of Dunning's Alley, the biggest (Richard) caught hold of my Arm; I asked him what he wanted; he answered me in an impudent Manner; Mr. Warwick coming behind, said, let the poor Woman alone; I had not gone twenty Yards, but I saw one of them knock him down - I saw a Hand up, I could not tell who struck him; I saw the Man fall.

Grace Coates deposed to the same Effect.

Christopher Franks and his Son deposed, that the Deceased having made a shift to get to a Post, collared the youngest Merriman, and said, this is one of the Villains that knocked me down, and broke my Leg.

Elizabeth Ca rpenter said she went to the Deceased in the Hospital, that he said he was in a Quarrel , was knocked down, and broke his Leg, but did not know who did it.

Ann Oakley . I am Servant to Mrs. Merriman, Richard was but just gone out, not above a Quarter of an Hour - I saw him fighting with two or three Men, his Head was broke, his Eye almost knocked out, and I thought he would have been killed - I have lived with him about three Quarters of a Year, I never saw either of them in any Fray before.

Mrs. Merriman. The Prisoners are two Brothers Sons, I am Mother-in-Law to the least, the other is my Apprentice - I never saw them in any Quarrel or Broil before - The youngest is turned of thirteen, the other I judge to be between seventeen and eighteen.

James Overy , - Carto, John Atkinson , James Grilliere , and James Wright , gave them the Character of civil, peaceable, well behaved Lads. Guilty of Manslaughter .

[Branding. See summary.]

+ 90. Susanna Hughes , of St. Mary le Strand , was indicted for stealing a Silk Purse, value 1 d. and two Ducats, value 18 s. the Property of Charles Harrison , privately from his Person , Dec. 2 .

Charles Harrison . I met Susan Hughes and another Woman in the Strand , and asked them to drink a Glass of something; they took me to the Lebeck's Head , and we had an eighteen Penny Tiff of Punch; the Prisoner clapped her Hand upon my Breeches (I supposed she wanted Money more than any Thing) and told me I had nothing; she clapped herself down upon my Knee, and exposed her Legs and Thighs very much, and then she fumbled round about my Breeches very much; I found her Hand going into her Bosom, and I took hold of it with my Purse in it. - I am positive of it - I had two Ducats in it, and what we call a Craig in Germany - I belong to my Lord Herbert , I have been thirty four Years in the Service - I was in such Company * before that Evening; I will not deny it, but I did not pull any Gold out there.

* The Prosecutor was asked how he came to go into such Company, and whether he was sober; he said, I was between both , I knew what I did; Sed nemo fine crimine vivit.

Esther Wood deposed, that she met the Prosecutor in Fleet Street that Evening; that he had a Broomstick in his Hand, and gave her several Blows; that he was very much in Liquor, and charged her with taking his Purse.

Mary Williams swore she saw and heard what the last Witness deposed. Acquitted .

+ 91, 92. Abraham Stiff , was indicted for stealing nine pair of worsted Stockings, value 18 s. the Goods of Thomas Fryer , in his Shop , Nov. 4 .

And Margery Tallent for receiving the same knowing them to be stole .

The only Evidence was John Long , a Boy of sixteen Years of Age, an Accomplice, who was principally concerned in the Robbery, and who sold them to Tallent. Acquitted .

There was another Indictment against Stiff for stealing twenty one pair of Stockings, value 3 l. in Mr. Fryer's Shop, but it depending upon the same Evidence, he was not tried upon that Indictment.

+ 93. Mary Goodman , was indicted for stealing a piece of Cambrick, value 30 s. the Goods of David Mcculloch , in his Shop , Oct. 11 .

Margaret Mcculloch deposed, that the Prisoner came to the Shop, and after she was gone, she missed a piece of Cambrick, but did not see the Prisoner take it, though she thought she see her put something under her Coats.

Mary Stuart deposed, that she was in the Shop, and thought she saw the Prisoner put something under her Coats; that Mr. Mcculloch having a Suspicion of the Prisoner, and knowing something of her, they went to her Lodging, and charged her with it, and that the Prisoner promised to pay for it, but did not acknowledge that she stole it, Acquitted .

+ 94 Mary Goodman , was indicted for stealing seven Yards of Lawn, value 52 s. the Goods of Robert Mirsin , in his Shop , May 16 .

Mr. Mirsin deposed, that the Prisoner came into his Shop, where there were some clear Lawns upon the Counter, and when she was gone he missed a piece; that he accidentally met her in the Street , and dogged her to Mr. Mcculloch's Shop, charged her with it, and that she promised to pay for it, but desired that he would not let her Husband know any Thing of it, for it was a Smuggling Affair, and pressed him to take a Note, that the Prisoner's Husband said he might do what he would with his Wife, if he did not hurt his Character; that he went the next Morning to get a Warrant to take her up, and was prevailed upon to take a Note for his Lawn, and Mcculloch's piece of Cambrick; that the Day following a Person came to pay the Money and take up the Note, and then he said he did not know that Mr. Goodman owed him any Thing, and refused the Money, because he did not know what the Effects of it might be, and then concluded to take her up.

Copy of the Note.

I promise to pay to Mr. William Ward , or Order, five Pounds on Demand, Value received, Oct. 13, 1743.

Acquitted .

Walter Goodman .

+ 95. Thomas Jones , was indicted for stealing nine Steel Screws for Watches, value 3 s. twenty four Sets of Brass Pillars, value 10 s. six enamelled Dial Plates, value 36 s. one Copper Plate for printing an Equation Table, value 8 s. a Steel minute Hand, value 6 d. and twenty eight Glasses for Watches, value 7 s. the Goods of Francis de la Balle , in his Dwelling-House , Dec. 14, 1742 .

It appeared that the Prisoner was a Servant to Mr. de la Balle , and that about a Year ago Mr. de le Balle took in Partners; that the Prisoner was going to leave their Service, and had taken a Room for himself, which his Masters thought proper to search, and in it was found a Box with a great many Goods belonging to the Partnership, and also some Things belonging to Mr. de la Balle before the Partnership, particularly a Dial Plate, which the Prisoner declared he had sold to Mr. Anderton , and also five other Dial Plates, a Copper Plate engraved to print an Equation Table for Watches, &c. Guilty of the Felony.

He was a second Time indicted for stealing a great Quantity of Materials for Watches and Watch-Maker's Tools, the Property of John Smith , Jonathan Ruffley , and Francis de la Balle, in their Dwelling-House , Oct. 25 , but he was not tried upon this Indictment .

[Transportation. See summary.]

96, 97. John Clough , was indicted for stealing three Camblet Curtains, value 2 s. 6 d. the Goods of Charles Stevens , November 23 ; and

Ann Bone , for receiving the same, knowing them to be stole . Both Guilty .

[Transportation. See summary.]

+ 98. Jacob Cordosa , was indicted for being seen at large in Great Britain, before the Expiration of the Term for which he was ordered to be transported, against the Form of the Statute .*

*He was convicted in December Sessions (See Trial No. 40 and 42, Page 29.) And in May Sessions, by his Majesty's Favour, he received Sentence of Transportation for Life.

The Record of his Conviction, &c. were produced, and then Charles Crofts was called to prove the Identity of the Person.

Charles Crofts . I attended the Prisoner in the Cells when he was under Sentence of Death; he broke out of Newgate the 16th of August last, between twelve and one, and we took him again about a Week afterwards, at Hoxton - He broke out of a Place called the High Hall, almost as high as the Top of the Goal, and got down by a Scaffolding Rope. Guilty , Death .

99. John Inglish , was indicted for wilful and corrupt Perjury ; but the Prosecutors not appearing, he was acquitted .

The following Prisoners have obtained his Majesty's Favour, on Condition of being transported for 14 Years; received Sentences accordingly, viz.

Henry Bulley , condemned in February Sessions.

William Brown , condemned in May Sessions.

Richard Warwick , condemned in June Sessions.

John Bunn ,

Joseph Leach ,

Condemned in September Sessions .

Christopher Smith , Condemned in October Sessions.

Abraham Pass ,

Condemned in October Sessions, was executed Nov. 21, 1743.

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

Received Sentence of Death, 13.

Solomon Atborn 76

Henry Barret 60

Samuel Bowring 59

William Clarke 36

Jacob Cordosa 98

Eleanor Geary 30

John Gerrard 14

Thomas Hill 84

Julius Hunt 17

Michael Jude 75

Joseph Leath 18

Samuel Moses 74

Peter Rogers , other. 83 wise Lewis Jonoquire .

Transportation for 14 Years, 1.

Ann Bone 97

Transported for 7 Years, 31.

Henry Baxter 7

Susannah Bailey 15

Thomas Broughton 77

John Brown 11

John Clough 96

Mary Corker 31

Matthew Connoway 47

Mary Davis 79

Thomas Dowles 38

John Embling 9

James Ford 68

Thomas Gilbert 26

Susannah Harvey 48

Thomas Jones 95

Penelope Jones 12

Ann Judson 50

Elizabeth Miller , otherwise Barefoot 27

William Norman 42

Elizabeth Palmer 63

Thomas Penny 82

William Perremount 69

Charles Pocock 55

John Roberts 49

Margaret Skylight 1

James Standley 61

Michael Swart 4

David Todd 2, 3

Joseph Tomlinson 6

Jane Veale 16

Thomas Williams 46

John Yearby 37

Burnt in the Hand, 5.

William Batts 54

B - J - 44

Thomas Clarke 45

William Merriman 88

Richard Merriman 89

Whipt, 5.

Mary Beadle 40

Mary Dexter 62

Thomas Grocock 25

Ann Johnson 19

Jane Wilson 52

In Order to render these Trials yet more acceptable to the Gentlemen who preserve Sets of them, we shall from Time to Time give an Account of the Execution, or Alteration of the Sentences, of Persons convicted of Capital Crimes .

The following Prisoners have obtained his Majesty's Favour, on Condition of being transported for 14 Years; received Sentences accordingly, viz.

Henry Bulley , condemned in February Sessions.

William Brown , condemned in May Sessions.

Richard Warwick , condemned in June Sessions.

John Bunn ,

Joseph Leach ,

Condemned in September Sessions .

Christopher Smith , Condemned in October Sessions.

Abraham Pass ,

Condemned in October Sessions, was executed Nov. 21, 1743.