Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 September 2014), July 1744 (17440728).

Old Bailey Proceedings, 28th July 1744.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX,

Held at Justice-Hall in the Old-Bailey, On THURSDAY the 28th , FRIDAY the 29th, and SATURDAY the 30th, of June, and MONDAY the 2d of July.

In the 18th Year of his MAJESTY's Reign.

BEING THE Sixth SESSIONS in the MAYORALTY OF THE

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

NUMBER VI.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1744.

[Price Six-pence.]

THE PROCEEDINGS ON THE

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

Before the Right Honourable Sir ROBERT WESTLEY , Knt. Lord-Mayor of the City of London, the Right Hon. the Lord Chief Justice WILLES, the Right Hon. the Lord Chief Baron PARKER , Mr. Justice WRIGHT, Sir SIMON URLIN , Knt. 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.

Peter Smith ,

Joseph Lodge ,

John Glover ,

Benjamin Tomkins ,

Thomas Lee ,

William Cole ,

John Haines ,

Charles Breed ,

George Randall ,

Thomas Reynolds ,

William Emerson ,

Joseph Somers .

Middlesex Jury.

Walter Lee ,

John Deschamps ,

William Lewis ,

Andrew Moran ,

Francis Rawlins ,

Thomas Woodward ,

William Boozshire ,

John Sandwith ,

Francis Tredgold ,

Edmund Stovell ,

Joshua Holland ,

John Paine .

296. Richard Pinder , of St. George the Martyr , as indicted for stealing one perriwig, value 20 s. the goods of Nathaniel Oldham , Esq ; one periwig, value 10 s. the goods of John Sidney , and one periwig , value 5 s. the goods of Nicholas Wharton , May 12 .

John Sidney . The Prisoner was my servant about three months. He told me there had been bailiffs waiting for me, I believe he did it to get me out of the way. I went away from home, and staid three or four days for fear of being arrested , and while I was absent he robbed me of hese goods - When I went from my house I left them in my shop - The Prisoner owned he took two vigs , and sold them to Mr. Brown in Middle Row, one for 3 s. 6 d. and the other for half a crown, but I could not find them at Mr. Brown's, I found my wig in the possession of Mr. Orbury.

John Orbury . I bought this wig of the Prisoner the Thursday before Whitsontide, and gave him three half crowns for it - I saw him once before he brought the wig, and am sure that he is the man .

Prisoner. My master is a barber and perriwig maker , he ordered me to do my business on the Sunday morning; I went to the shop, which is separate from the house, and found the door, which goes into a skettle ground, off the hinges: he orders me sometimes to carry the key to a cobler's stall, and sometimes to an alehouse; as to the bailiffs being after my master I know nothing of it but what he told me: he said he knew the bailiffs were waiting to arrest him: I did not do it to keep him out of the way, for I would rather have had him in the shop.

Sidney. The door was taken off the hinges, for I was forced to take it off myself to get at the razors. Guilty of stealing the wig of Nathaniel Oldham , Esq;

[Branding. See summary.]

297. Judith Septon , of St. Leonard Shoreditch , was indicted for stealing thirty four pound of hair, value 18 s. the goods of Margaret Archibald , May 4 .

Margaret Archibald . I am a hair cloth maker , the Prisoner was my servant , and went from me last May was twelvemonths, and the fourth of last May she took this piece of hair out of my yard: she offered it to sale to one Mr. Coombs, and he stopt it, sent for me, and shewed me the piece of hair.

Q. How do you know it to be yours?

Archibald . I know it by the weight of it, my son worked it, he knows it.

Michael Evans . I wrought this piece of hair the fourth of May; the next day between four and five in the morning I missed it out of the yard, and heard no more tale or tidings of it till Whitsun Monday, then Mr. Coombs sent for me, and we found it at his house. The Prisoner said in the Tower goal that one Dorothy Nimble gave it her, and before the Justice when I asked her to confess whether any body was concerned with her in it, she said she could not accuse any body, for she was the person who took it.

John Jacob . The Prisoner brought this hair to Mrs. Evans's to make sale of it.

Q. How do you know that to be the piece?

Jacob. That is the piece I had of her, I do assure you.

Q. When was it brought to your house?

Jacob. To tell you the truth I do not know - My mistress did not buy it of her, she sent me with it to Mr. Coombs's to see whether she came honestly by it; I went to Mr. Coombs's, and they stopped it directly - it weighed a quarter of an hundred and seven pounds.

Richard Nitchel . The Prisoner brought this to Mrs. Stone's , and she said her husband spun it, and that she would sell it for two pence a pound. She confessed before the Justice that she and another person brought it away. Guilty .

[Transportation. See summary.]

298, 299. Elizabeth Sullivan , and Catharine Dixon , of St. Giles's in the Fields , were indicted for stealing a gold ring, value 20 s. a leather purse, value 1 d. and 3 s. 2 d. in money , the property of Thomas Mynet , June 8 .

Thomas Mynet . The Prisoners took a gold ring off my finger, a purse and 3 s. 2 d. out of my pocket, I think it was the 8th day of this month.

Q. Where was you with these women?

Mynet. It was in a house.

Q. What time of the day was it?

Mynet. It was in the morning very early.

Q. I hope you had no bed-fellow that night but your wife?

Mynet. She was no wife for me at all that night.

Q. Was you in bed that night at that house?

Mynet. I was down upon the bed.

Q. I suppose these women were tumbling-upon the bed with you?

Mynet. Yes, they were; I was a little in liquor, and I suppose we were all middlingly in drink.

Q. If you were in drink, how can you remember this?

Mynet. I was not so much in liquor but that I could very well remember what they did - I found Dixon in the house of office in the lost above.

Q. Did they take it from you by force?

Mynet . Yes; they did.

Henry Townley . I am the officer who was charged with them: this ring I took from Catharine Dixon , it was tied up in the tail of her smock, and she untied her smock, and gave it me.

Mynet. That is the ring they took from me.

Q. to Townley. Did you take any money upon her?

Townley . No; I did not search her, she gave me this ring, and wanted me to let her go - the first person I was charged with was Elizabeth Sullivan , and she said the countryman gave her the ring, and she took a slight brass ring off her finger and pretended that was the ring that Mynet gave her. The countryman [Mynet] swore before the Justice that Sullivan took it, and gave it to the other, and she ran down stairs with it; he described the woman very plain, that I should have known her. We could find no body in the house, but Mynet found Catharine Dixon between the cieling of the vault and the tiling

Q. Is Dixon the person that took it?

Townley . He swore to both of them - Catharine Dixon was hid in the lost of the house of office.

Prisoner Sullivan. I went up with a pot of beer, and I found Dixon and he in the action; he told her he had no money, but he would give her the ring.

Dixon . He lay with me, he said he was short of money, and he gave me the ring: there was a woman in the house who saw him give it me; he said in the morning he must have the ring, for it was his mother's ring, and I told him if he would give me the money for it, he should have it. Both guilty *.

*The ring, &c. being taken from the prosecutor by force, he might have laid this indictment for a robbery , which would have been a capital offence .

[Transportation. See summary.]

300. + Jane Ansley , of St. John Wapping , was indicted for stealing three shirts, value 30 s. and five pair of stockings, value 5 s. the goods of John Watson ; five pillow cases, value 2 s. two shifts, value 3 s. a muslin neckcloth, value 2 d. a handkerchief, value 6 d. an apron, value 12 d. and six guineas, the property of Christopher Scot , in his dwelling-house , May 9 .

John Watson . About the 11th of April I lost three shirts and five pair of stockings: the Prisoner confessed at Mr. Scot's house that she took two shirts, a shift, an apron, and a handkerchief, and that her aunt Hannah Maddison put her upon it. She proved before me, that her aunt was in the street at the time of her stealing them: she confessed likewise, that she had sent them to one Mrs. Skevington's in Ratcliff Highway to be pawned. I went to Mrs. Skevington's , and found one shirt that was my own, two shifts, one handkerchief, one neckcloth , and an apron. I spoke to the Prisoner's aunt, and the Prisoner did own it, and offered to make a debt of it if I would excuse it.

Q. How much money was found upon the Prisoner?

Watson. There were three guineas, and 13 s. and 6 d. in silver, she said the remaining part of the six guineas she had laid out in clothes: the money was found in her box.

Q. Did she acknowledge she took it out of Mr. Scot's drawers?

Watson. She said it was Mr. Scot's, I cannot be positive she said she took it out of his drawers.

Christiana Scot . The Prisoner was my servant , she took from me six guineas, two shifts, &c. which were my property - they were in my drawers.

Q. Did the Prisoner say from what place she took them?

Scot . Her aunt was at our house, and I believe she took most part of the things herself.

Q. How did she behave before this?

Scot. Very well, she was a very good natured creature, I believe it was occasioned by her aunt, for she told her she was going into a house where there was money and good linen, and ordered her to bring them to her. The Prisoner had no part of the money the goods were pawned for, and I have the goods that she bought with the money, so that the loss is but trifling.

It not being proved that she stole the goods and money in the dwelling-house, the Jury found her guilty of the Felony only .

[Branding. See summary.]

301. Abraham Trotter , of St. Mary Whitechapel , was indicted for stealing a linen gown, val. 6 s. a dimitty waistcoat, value 2 s. two cambrick mobs, value 1 s. six brass candlesticks, value 8 s. a flower box, value 6 d. a pepper box, value 1 s. a tinder box, value 1 s. 6 d. a ladle, value 6 d. a pair of snuffers, value 6 d. the goods of Thomas Powis , June 3 .

Mary Powis . I went to bed the third of June between one and two, and about five o'clock in the morning that same Abraham Trotter took down both my shutters, and shoved up the sash window - I know him very well, I have seen him a great many times; he took some of the things, went out at the window, came back again, and took all the brasses off the shelf. The second time he came, one Richard Downs , a neighbour, seeing the shutters were open, came and looked, and the Prisoner said to him, What do you want with us? I saw the Prisoner in the house, and he said, do not be frightened, he said he would send for my things, and he wanted to go away. I told him he was as safe there then as he had been all along; then Richard Downs and I went for my things to the house where we were directed by the Prisoner, and left him in my house with some men. We met his wife, and she pretended to be dunny; then I brought the things back to my house; now, says he, you will let me go, Mrs. Powis: yes, said I, to be sure, you have been favourable to me, and so I will be to you.

Richard Downs . I was coming along by Mrs. Powis's house about five of the clock, and saw the shutters open, and a man in the house; I asked him what he was doing, he said, he was doing no harm. I called Mrs. Powis down, she said her gown and some other things that were in a basket were gone. We asked him what he had done with them, he told us he had carried them home: we went and brought them back, and he acknowledged before the Justice that he took them.

Elizabeth Cook . I live in the house with Mrs. Powis, between five and six o'clock in the morning I heard a man say, make haste down, here's a man in the house, here's a thief in the house. When I came down the Prisoner was standing by the hatch, and the brasses were standing in the window: says Mrs. Powis, oh you rogue, you have stripped my house of almost every thing, and the Prisoner said do not be angry, Mrs. Powis, I have not hurt you much; and afterwards he said do not be frightened, if you will let me go, I will send them to you, but she would not let him go, so he directed Downs and her where to go for the things, and they went and brought them back.

Prisoner. I happened to be out of work two years, Mrs. Powis's husband used to employ me; when I went out of my house I thought no harm, I went to the window and called to Mrs. Powis to beg a few greens, and nobody answering, and being almost starved, I did not know what to do for some assistance, and that was the occasion of my doing it. I buried a child the Sunday before of the small pox. I had earned but eighteen pence for five months. Guilty .

[Transportation. See summary.]

302. Charles Billingsly , of St. Sepulchres , was indicted for stealing two silver spoons, value 15 s. the goods of Peter Holliday , June 15 .

Peter Holliday . The 15th of this month I lost two silver spoons out of a back room joining to a yard; the Prisoner carried one to Mr. Howston a silversmith in Fleet-Street, and the other to Mr. Mordaunt, a pawnbroker. The Prisoner was an errand boy to a young man who lodges in our own house, and took this opportunity (as he confessed at Guild-Hall) to go in at a sash window, and took them out of a corner cupboard.

Mr. Howston. The Prisoner brought this piece of a spoon to me to sell, I asked him how he came by it, he said his master sent him to sell it. I told him I would send for his master to know the truth of it, and when I told him that he ran away, and had the impudence to send another boy with the other part of the spoon.

Richard Mordaunt . The Prisoner brought this spoon to me, and said, he wanted 2 s. upon it. I asked him who sent him with it; he said he brought it from one Green a cobler in the Old Bailey: said I, it is not usual for a cobler to have such a spoon as this, I will go to the person who owns it; he said there was no occasion for that, he would go and fetch him; he w ent away, but did not return to me: he has a mother who I believe is a chairwoman.

Q. What age are you?

Billingsly. I am eight years old - My father is in the hospital. Guilty .

[Transportation. See summary.]

303. + James Everett , of St. Magnes the Martyr , was indicted for stealing a silk handkerchief, value 2 s. the goods of Isaac Tolke , privately from his person , June 18 .

Isaac Tolke . On the 18th of June coming through the Monument Yard , I saw a company of women, and asked what those people were there for; they said they are the wives of those persons who are gone to Flanders ; while I was standing there I felt, as I thought, a hand at my breeches pocket*, I put my hand in this pocket and my handkerchief was gone; the Prisoner was just by me, his right hand was under his apron, and his left hand in his bosom. I had a suspicion of him, took his apron up, and he dropped the handkerchief down upon his feet; I took it up, took him by the arm, and carried him (I think) to the White Hart by Bishopsgate. I said if I could get a good character of him I would not prosecute him. I sent for his mother, and she said he was a vile boy , and behaved very undutifully, and had followed this practice these two years.

*The Prosecutor found in the Prisoner's left hand near three pounds that he had taken out of his breeches pocket, but out of tenderness to him he would not lay that in the indictment.

Prisoner. My father and mother-in-law were always vile people to me, or I should not have been drove to this way of living. Guilty 10 d.

[Transportation. See summary.]

304. Mary Brown , of St. Leonard Shoreditch , was indicted for stealing 4 pewter plates, value 4 s. the goods of John Hellier , June 14 .

Hugh Holder . These pewter plates were put out in Moorfields for sale by Mr. Hellier, and were taken away the 14th instant by the Prisoner. I thought she was a very honest woman till she went away, and then mistrusting something, I went after her, turned up her cloak, and she had them in her hand.

Prisoner. He took them off the ground.

Holder. I took them from under the cloak she has on now. Guilty 10 d.

[Transportation. See summary.]

305. Sarah Webster , of St. James Clerkenwell , was indicted for stealing a linen gown, value 6 s. the goods of Sarah Whitfield , June 5 .

Sarah Whitfield . I hung my gown out to dry, and Sarah Trust told me the Prisoner had stole it. - I did not see her steal it, nor do I know that she stole it - I found it upon her. At first she refused to deliver it, but afterwards she did deliver it - I don't know how she came by it - I know she had it because I saw it in her hand.

Prisoner. The gown was blown down in the path, you did not take it from me, don't forswear yourself; I am a great way from home, I came from Shropshire .

Mary Trust . I saw the Prisoner go by my door just by the White Lion at Islington. Seeing her whisk by, I thought she might have stole something; I went to see if any of the things that hung upon the line were taken away, and I missed Sarah Whitfield 's gown. I went after her, brought her back, and found it in her apron. I did not take it from the Prisoner, Sarah Whitfield and her mistress both together took it from her.

Prisoner. This woman has taken a false oath, for I did not take the gown indeed; I had been making hay at the Angel for Mr. Winchester. The gown was lying in the path, and I took it up and sat a good while, and asked several people whether any body owned it. Acquitted .

306. Catharine Haws , of St. Mary le Strand , was indicted for stealing a linen apron, value 2 s. a cotton handkerchief, value 1 s. a pair of stockings, value 2 s. a straw hat, value 2 s. and 2 cloaks, value 5 s. the goods of Joseph Davis , May 21 .

Ann Davis . On the Tuesday morning, May 22d, I found the cellar door open, and a little window, both the cloaks hung up in the kitchen, and the other things lay upon the dresser. To the best of my remembrance they were there on Monday night, between 8 and 9 o'clock; we go to bed pretty early, because at this time of the year we get up at 3 or 4 o'clock to go a milking. I believe they heard somebody and that disturbed them, and so they went away. I opened the door, and there was a man coming by, I desired the man to let me light a candle. I said, God Almighty bless you, be so good as to go down with me, for I fastened the cellar door when I went to bed, and this little window, and they are broke open; we searched, but there was no body. Elizabeth Causton my Carrier brought the Prisoner to me with my hat, apron, and handkerchief upon her; and she said, I might take them. I said no, I will not take them, I will send for an Officer: she said she pawned one cloak to Mr. Stringer for 3 s. and the other to Mr. Chambers for 2 s. and the stockings for 15 d.

Elizabeth Causton . I met the Prisoner by Clare-Market, and I saw my mistress's hat, apron, and handkerchief upon her. I said Kate, How came you by those things, they are my mistress's ? She said she bought them at the end of Monmouth-street, and gave 2 s. for them and a quartern of gin. I said, You must go along with me, and if you will not go with me by fair means, you shall by foul; she wanted to get away from me, and untied her apron three times to get away, but I brought her to my mistress.

George Stringer . The Prisoner brought this cloak to me to pawn, and I lent her 3 s. upon it; she said she had been to see a man hang'd in Hyde-Park.

Prisoner. No; shot in Hyde-Park.

Stringer. I ask pardon, I mistook. Guilty .

[Transportation. See summary.]

307. Mary Franks , of St. Andrew's Holbourn , was indicted for stealing a bible, value 12 d. a book called The Preparation for the Sacrament, value 6 d. and an apron, value 6 d. a pair of clogs, value 12 d. a pair of stockings, value 2 d. and a half pint pot, value 4 d. the goods of Strangeways Pearson , May 28 .

Strangeways Pearson. My wife employ'd the Prisoner as a Chairwoman in my house, and while she was there I lost these things.

Daniel Wing . My master asked the Prisoner after the things, and desired her if she had pawned them or sold them, to tell him where they were, that he might get them again, because the books were what my master valued, and she said she had pawned the two books to a person on Saffron-Hill.

Elizabeth Pearson . The Prisoner had a cap and a pair of stockings of mine, which I found upon the cradle in my kitchen.

Q. How do you know she took them out of the house?

Pearson. Because she told me so herself.

Prisoner. Mistress, you are very well sensible I did not steal the things out of your house.

Pearson. She did say so.

Prisoner. The two books I own, as to the other things I know nothing of them. Guilty 10 d.

[Whipping. See summary.]

308, 309. Edward Moody *, and Edward Wandon , otherwise Bannister , were indicted for stealing a silver tankard, value 5 l. the goods of John Bates , June 1 .

*He was indicted by the name of Edward Moody , but said his name was Andrew Moody .

John Bates . On Friday the first of June last I lost a silver tankard from the Red Cow in Smithfield , I advertised it in Saturday's paper, and on Wednesday Bannister was stopped with part of it; Bannister was in my house three times that day, and the last time called for half a pint of beer, and went away without paying for it, and the tankard was missing.

Q. How long was it after they were gone before you missed the tankard?

Bates. I believe about three or four minutes. [There were several pieces of silver produced, which appeared to belong to a tankard, but Mr. Bates would not swear that they were part of his tankard.]

Sarah Vane . I lived servant with Mr. Bates at the time the tankard was lost; Bannister came on the Friday between seven and eight at night after the horse market was over. My master being up early was sat down in the kitchen to take a nap, my mistress was in the yard, and, I was at the door. There were three gentlemen who had three tankards of beer; when they were going away there was some beer left in the tankard, and one of the gentlemen turned about to drink it. Bannister came in and asked if Robert Hall the drover was there; said I, why do you ask for drovers at this time o'night? you should have come at one or two o'clock. I fetched half a pint of beer for him, and he lighted his pipe. There was a woman came for a pint of beer in a hurry, I went down for it, and when I came up again Bannister was gone, and the tankard was gone.

Q. How far did the woman come into the house?

Vane. There was no body in the tap room but Bannister, the woman did not come into the tap room, she sat on the bench at the outside of the door. I said to my mistress, Madam, have you taken the tankard off the table? She said, No. The pipe which Bannister had just lighted lay upon the table, and he was gone without paying for his beer. On Tuesday this tankard was advertised, on Wednesday when my master was out there came in the constables with the two Prisoners: as to Moody I never saw him till he was apprehended, but as to Bannister, I am upon oath. When the constables came in they called for a tankard of beer, and I was dubious of drawing any beer in a silver tankard, because I had lost one on the Friday: when I saw Bannister I cried for joy to see him, and I said, You rogue, I believe you stole our tankard; he said, You are a wicked creature to say so, for this silver I bought of a gentleman's butler. I said, You are a rogue for stealing the tankard; I have no other way of getting my living, and you would ruin me, for my master and mistress might think that I had stole it. Moody, when he was in custody, said, if we would go to some place, I forget where it was, we might find out the lid of the tankard. I would have gone after it, and if my master had gone with a search warrant I believe we should have found the bottom and the handle of the tankard.

Q. (to Bates.) You say you saw Bannister in your house?

Bates. I ask pardon, I did not see him, I was only informed so by my servant.

Prisoner Bannister. You hear her say there were three men in the house; then how can she be sure I took the tankard?

Vane . I did say so, there were three gentlemen in the house; I am upon my oath, but they went away, and left the tankard behind them.

Prisoner . An't please your honour before the Justice she said two men and a woman went out of the house together.

Vane. I come here to do justice to God and man; there was no body else in the tap room when I went to draw the beer for the gentlewoman but Bannister . I took too much remarks of him about his calling for half a pint of beer to be mistaken, for it is not usual for people on a market day to call for half a pint of beer, and smoke a pipe; and as it has sell out I am very glad I did take so much notice of him.

Elizabeth Sturt . I keep a house next door to the old Seven Stars in Rosemary Lane, and sell old clothes. On Monday the fourth of June both the two Prisoners came to my house. Moody came up to me, and asked if I had any such thing as a pair of damask shoes. He got on the left side of me, and asked if I did not buy silver; he said he had got some bits to sell, and shewed them to me; said I, young man, this is either the handle of a cup or a tankard. I asked him how he came by it, he said he found it in Rosemary Lane. I asked him how he came to think that I bought silver, when I sell old clothes: he said he was recommended to me; I asked him who recommended me, he said a man in the Old Change. I said I did not care to buy it, for I was apt to think it was stole; he said he did not know but it might be so, but he found it. When my husband came down, I told him such a person had been here, he said he was angry I did not call him, for I ought to have stopped him. The Wednesday following Bannister came and asked, whether I bought silver, and said he had some little bits to sell. I think he pulled out this paper. When I found it to be plate cut to pieces it surprised me. I believed there were some pieces that seemed to be stole. I went up to my husband and acquainted him with it; he came down and examined the plate bit by bit, and asked him what he was; he said he was an old clothes man, and bought it of a gentleman's butler. My husband said he would stop it, Bannister said he could not blame any person for being careful, and that he was not afraid of any thing. My husband said, young man, stay and see the weight of your plate. We had not weights enough to weigh it at once, so we weighed an ounce and an half at a time, and when there were three ounces weighed, the Prisoner asked whether that was an ounce, I told him there were three ounces; there were five ounces in all. The neighbours told us we should stop the thief as well as the silver. I sent my boy after him, the boy came back and told me he had watched him, and he was with the Prisoner Moody at one Buckmaster's at the sign of the George by Prescot Street: they were brought to our shop, and we got a constable; I said to Bannister I charge you with stealing the plate, and the other with being a confederate ; and before the Justice Bannister said he was an old clothes man, and bought it in the street for fifteen shillings. We looked at the advertisement, and found that Mr. Bates had lost a tankard.

Samuel Handcock (Headborough.) Mr. Sturt came to me and desired me to go with him to stop two thieves. We went to Mr. Buckmaster's, and there Sturt charged me with the two Prisoners. I carried them to Mr. Bates's, and when the maid ( Sarah Vane ) saw them, she jumped, and was very joyful, she cried for joy; and said to Bannister, You are the rogue that was in the house when the tankard was lost.

Q. Did she fix upon him as the person as soon as he came into the room, or was it after she had talked with the constable?

Handcock. She jumped for joy, and said upon the first appearance of him that he was the person.

Jonathan Sturt . I know nothing of any thing but only the stopping of the silver, I had it from Bannister, and he said he bought it of a gentleman's butler. I said it was broke to pieces, so that I did not care to buy it till I knew how he came by it, and stopped it; and when he came before the Justice, he said he bought it by chance in the street.

Mr. Bates and Mr. Sturt who are both silversmiths by trade, said they took the pieces of silver to be part of a tankard.

Prisoner Bannister. I went out early that morning with my bag, and I did buy it of a gentleman's servant, but do not know who he was.

Prisoner Moody. Bannister gave me the silver to sell for him, I carried it to Mrs. Sturt, and she would not buy it, so I carried it back to Bannister. The Wednesday following he desired I would take a walk with him, for he was going to sell something to fetch a little money. I knew him to be a hawker and dealer in goods, so I went along with him, and we were taken up. Moody acquitted , Edward Wandon otherwise Bannister Guilty .

[Transportation. See summary.]

310. + William Quarendon , of St. Leonard Shoreditch , was indicted for breaking and entering the dwelling-house of Richard Stratford in the night time, and stealing a blue tabby night gown, value 20 s. a yellow burdet night gown, value 20 s. a blue silk quilted petticoat, value 10 s. a scarlet cloth cloak, value 3 s. three shirts, value 15 s. four sheets, value 4 s. a bed quilt, value 5 s. four tablecloths, value 4 s. three linen caps edged with lace, value 18 d. a mob, value 6 d. a petticoat, value 6 d. a handkerchief, value 6 d. a night cap, value 6 d. a pair of men's gloves, value 2 d. a black silk hood, value 6 d. &c. the goods of Richard Stratford , April 11 .

Richard Stratford . I live at the Baker and Basket in Hog Lane , on the 11th of April the sash window belonging to my chamber up one pair of stairs was thrown up - I found it open when I went to bed, and missed the things mentioned in the indictment. This put me into a great flustration. I heard no more of this affair till the 10th of May, and then I understood the Prisoner was taken up. When I saw him at the watch house at Norton Folgate , he acknowledged he had entered my house, and robbed me; he said we should find all the goods at his house, and pulled out a key - I did not see him pull out the key and deliver it.

Q. Did you go to his house and see any of your goods there?

Stratford. I went to his house in Tenter Alley, and saw my white quilt upon his own bed, took it off myself, and put the other things into it, and brought them away.

Elizabeth Atkinson . The window was fast down at past eleven o'clock, I ask pardon, it was past ten o'clock, I mistook.

Q. How came you to take notice of the window?

Atkinson. I went close by it, and looked at it, and saw it was fast down.

Q. How is the window fastened?

Atkinson . There is an iron in the middle, and I fastened that myself - it is an iron that turns round.

Q. to Stratford. What sort of a fastening is there to the window?

Stratford. There is a nut in the middle, it will turn, but it takes so little hold that it is of little or no use.

Jury. Is it a screw to go in, or a hook to catch hold of the other sash ?

Stratford. It is a hook.

Q. Was there any thing that could latch it?

Stratford. No; I believe not so as to secure the window.

Q. How low was the sash down?

Atkinson . It was quite down.

Q. You say it was about ten o'clock?

Atkinson . It might be half an hour after ten.

Q. How do you know it was after ten o'clock?

Atkinson . My aunt said so.

Q. Do you know it of your own knowledge?

Atkinson. No, Sir.

Thomas Greenhill . On Thursday the 10th of May I heard an outcry of thieves, and went to Mr. Elkins the constable's house, and there I saw the Prisoner; I said it would be proper to search him there; the constable desired me to search him, and searching him I found a key and some other things in his pocket belonging to another man. Quarendon, said I, here are some of the things, where are all the rest? With that, Sir, taking the key out of his pocket (he was loth to part with it) I said, this is the key of a chest of drawers. Yes, said he, so it is. Then Mr. Stratford and the officer went to his house, and some time after I saw them come back with a great many things; there was a white quilt, two gowns, and some caps; the white quilt Mr. Stratford brought back himself, and I heard him say he took it off the Prisoner's bed. Afterwards in searching the house, I took a shirt marked R. S. N. out of the washing tub wet; his wife was there, I asked her how she came by that shirt; she said she could not tell how her husband came by it, (there were some caps and other things of Mr. Stratford's.) I asked the Prisoner how he committed the robbery; he told me voluntarily he came over the back wall by the tenter ground into the yard, and seeing a window without a window shutter he got to the top of the shed, then went up to the window, pushed his finger against it, found it lifted up, and so pushed it up far enough to get in, and then got into the room, went to the chest of drawers, and pulled one of the drawers out, took the quilt off the bed, and put these things into it, which he took out of the drawers; and out of the second or third drawers, I cannot tell which; he said he took about half the things, as much as he could carry away, and put them into a dyer's bag, got out of the window again, dropped the bag down, and came to the shed; he held the bag by the mouth, dropped it down, then jumped down himself , and made the best of his way through the next dyer's yard, and so home.

William Elkins (constable.) The Prisoner was at my house, and I thought proper to search him before he went away; he hussled a watch out of his pocket, and was going to throw it out of the window, so I took care to secure him in the cage till morning.

Thomas Page . About eleven o'clock at night I heard of the Prisoner's being taken, Mr. Elkins the constable said I have not searched him yet; when he talked of searching him, the Prisoner put his hand out and put a watch upon the shelf. He confessed he had broke into Mr. Stratford's house, and had got the goods at his house; when I came there I opened a drawer with a key which he had in his pocket, and took out some things which I have here sealed up.

Q. Did you take the quilt away?

Page. No.

Q. Did you see it there?

Page. I think this is the same.

Q. (to Stratford.) Is that your quilt?

Stratford. Yes; I lost it the 11th of April when my house was broke open. I took this yellow burdet gown out of the drawers at the Prisoner's house; I cannot be positive to the linen; these two gowns are my wife's, which I found there.

Thomas Greenhill . This cap I took out of the drawers, and this shirt out of the washing tub.

Atkinson. This is Mrs. Stratford's cap.

Prisoner. I desire to call some witnesses to my character.

Thomas Page . I have known the Prisoner a great many years; he is a dyer , and served his time just by me. I know several masters of the trade that I keep company with, and they always gave him a good character.

Another witness had known him from his infancy , that he always bore a good character whereever he lived and where-ever he worked, for whatever he heard of him, and his father and mother, always bore the best of characters.

Edward Bonnet . He has worked with my master a great many years, and has come in at three o'clock in the morning, and never wronged man, woman, or child, in our house, I speak the truth.

John Preston . I keep a publick house, he has used my house about three or four months, and I believe if his master could have been here, he would have appeared to his character; he has entrusted him with more goods than he has wronged these people of.

- Prior. I have known the young man about eight or nine years, his parents are very honest sober people; he has worked with me several years, and I never knew any thing amiss of him - his general character was extraordinary good.

Prisoner. I beg the favour of the honourable court; I have got two small children, and a poor mother.

Elizabeth Atkinson was called again, and asked, whether she was positive to it's being half an hour after ten when she saw the window fast, but she said she could not tell any more as to the time of the night than her aunt told her; but when her aunt came home she carried the cloak up, and hung it upon the back of the chair, and the sash was shut then.

Richard Stratford . My wife did not come home that night till half an hour after ten. Guilty, Death The Jury recommended him to the Court as an object of his Majesty's mercy .

311. + William Quarendon , was a second time indicted for breaking and entering the dwelling house of George Farmer , John Pippin , and Ann Sleymaker , about the hour of twelve in the night, and stealing twelve yards of shalloon, value 12 s. the goods of George Farmer , John Pippin , and Ann Sleymaker , a silver watch, value 30 s. the goods of Robert Whitehead ; a silver watch, value 30 s. a pair of silver knee buckles, value 4 s. a coffoy waistcoat, value 30 s. a pair of coffoy breeches, value 2 s. a silk waistcoat, value 40 s. and a cloth coat, value 10 s. the goods of Chamberlain Goodwin , April 9.

Chamberlain Goodwin . I was apprentice with Messieurs Farmer, Pippin, and Sleymaker, they are partners in the dyers trade in Hog Lane ; in the night between the 9th and 10th of April I was robbed of an old fashion silver watch, the maker's name Lee, which hung up at my bed's head (there was a silver watch of a fellow servant s of mine Robert Whitehead , with R. W. scratched on the inside case that hung upon a nail in the wall by the bedside) a pair of silver knee buckles, a scarlet coffoy waistcoat, a black cloth coat full trimmed, a black silk waistcoat, and three pair of breeches. I missed these between five and six in the morning. Upon the tenth of May hearing a person was taken up and in custody at Norton Folgate watch-house, I went to see who it was, they said it was one that I knew, and I did know him - it was the Prisoner at the bar. Mr. Elkins the officer said we must search him, and I found my scarlet coffoy breeches upon him, and my watch was taken upon him there, the knee-buckles were found under the seat. He confessed the robbery, that he got in backwards, and saw Robert Whitehead hang his watch up against the wall by the light of the candle, and saw him go to bed - he did not see me go to bed, because I went without a candle, but he heard me go; so about a quarter of an hour after I had been in bed he came down very genteelly without his shoes, and took the watches away.

Q. How did he come in?

Goodwin . The windows were open, they had been open all night, they shut up and down - I cannot tell whether he came in by breaking, or how he came in - This is my watch, and this is my fellow servant's watch.

Thomas Greenhill . The tenth of May hearing this person was taken up, I went to the watch-house, when I came there they talked of searching him, the Prisoner put his hand to his fob, and offered to lay something upon the edge of the window; I caught hold of his hand as he was laying the watch down, and took the watch out of his hand: said I, Mr. Goodwin , I believe this is your watch, and Mr. Goodwin claimed it. In searching him I found this key, a pair of scarlet breeches were found upon him, this pair of silver knee-buckles I took from under the seat where he sat, and I fetched one pair of breeches from his house. He said he got in at the window, and went into the room where Mr. Goodwin lay, and took his clothes out; he was up stairs when the gentleman who owns the other watch came into the room, and he sat upon the stairs till they were in bed, and till he heard them both snore, and when he thought they were asleep: he went into the room , and took the things away; he said he tore the shalloon down off the horse in the dye-house, and that it was about one o'clock in the morning when he came out of the house. Acquitted of the Burglary, guilty of the Felony 4 s. 10 d.

312. John Prentice , of the Precinct of St. Catharine , was indicted for stealing thirty pound weight of iron, value 5 s. the goods of William Cullin , June 2 .

William Cullin . The second of June I had a ballast lighter broke open, and some iron taken away: it was the iron we raise the ballast with, and fix it into the gunnel of the lighter.

James Clark . I caught the Prisoner handing the iron out of the lighter: he said to my partner, d - n your B - d lay hold, so we laid hold of him.

Q. Did you find it upon the Prisoner?

Clark. Yes; upon that gentleman there: the irons were an outside standard and an inside standard.

Cullin. Clark works in the lighter, he is one of those protected by the Trinity House.

Prisoner. I was sleeping in the lighter, but as to taking any thing I know nothing of it; they knocked me down as I was coming up the lighter's scutter. I have a uncle , a man of very good reputation, Mr. Bley .

Clark. His uncle won't come near him, he says he is a rogue , and he won't trouble himself about him. Guilty .

[Branding. See summary.]

313. Mary Imbey , of Uxbridge , was indicted for stealing a linen apron, value 2 s. and a muslin apron , value 3 s. the goods of John Mastin , May 19 .

Ann Mastin . May 19, the Prisoner came into the drying yard, and after she was gone I missed two aprons. I went into the town with the constable, and found her in a place called the Lynch with the linen apron upon her, and the other she said she had hid.

Richard Groom . Mrs. Mastin came to me, and said, she had lost two aprons, and described the person she thought took them. I heard there was such a person about town, I took her with the apron upon her, and she had hid the other among some grass upon the ground covered; she went directly to the apron herself.

Prisoner. I was walking about there, it is true I did own it at first being frightened. A young woman that was going a little way gave them to me to keep till she came back. I never offered to sell them. Guilty .

[Transportation. See summary.]

314. Hannah Beaumont , otherwise Bowman, otherwise Taylor was indicted for stealing a silver spoon, val. 8 s. the goods of Elizabeth Bell , June 22 .

Elizabeth Bell . I keep lodgers , and had employed the Prisoner to wash and iron for me; I lost this silver spoon last Friday; she went away from her business, and did not come again. One of my lodgers said the person that has my cap has your spoon. I got a warrant, and had her taken up, and then she owned she had pawned it to Mr. Hutchins for eight shillings.

Thomas Hutchins . The twenty second of June the Prisoner brought this spoon to me to pawn, and she said it was her mistress's . I had some things of her before, and as she had brought things, and taken them out, I had no suspicion of her, or I should have stopped it.

Elizabeth Bell . She never pawned any thing for me.

Prisoner. My mistress said, if I would confess she would not hurt me, and I confessed it innocently .

Mr. Millesham . I went with the Prisoner to a publick house, and I said she had better confess than come into any trouble, and then she did confess she took it out of the closet.

Prisoner. If you will please to forgive me I shall be glad, for I do not know that I ever did any such thing before, and I never will do the like again to no man, woman, or child, as long as I Live. Guilty 10 d.The Jury recommended her to the Court for corporal punishment .

[Whipping. See summary.]

315, 316, 317, 318. James Martin , Margaret Monroe , Esther Buck , and Mary Copeland , of the Precinct of St. Catharine , were indicted for stealing seven dimitty waistcoats, value 3 l. two calico petticoats, value 3 l. three petticoats, value 20 s. a pair of stockings, value 4 s. a petticoat, value 2 s. and two tea spoons, value 4 s. the goods of Thomas Meriton , in an outhouse belonging to the said Thomas Meriton , May 31 . And

319, 320. John Johnson *, and Jane Johnson + his wife , of St. George in Middlesex , were indicted for receiving the same knowing them to be stolen , May 31 .

John Johnson was tried for receiving thirty guineas and eighteen shillings, which Mary Matthews was indicted for stealing from John Congleton , in the dwelling house of John Johnson , and acquitted. See January Sessions 1742-3. Page 59, Trial 90 and 91.

When he was arraigned , and ordered to hold up his hand; he said, What are you going to convict me before my time? I can hold up my hand as well as another; and when the question was asked, how will you be tried? he said, by God and my country, two better persons I cannot be tried by.

+ Jane Johnson was tried in May Sessions 1743, upon two indictments for receiving goods knowing them to be stolen; but there being no other evidence against her than an accomplice concerned in the felonies, she was acquitted. See May Sessions 1743. Page 175, Trial 266. and the following trial.

Thomas Meriton . On the thirty first of May I was in bed, and heard a great knocking at my door, I thought it had been some people from on board my vessel. My wife got up and saw James Martin go out at the door, and I heard somebody say I was robbed. I came down stairs, and they had got that young gentleman Mr. Martin [the Prisoner, a boy about thirteen years of age.] He immediately confessed the fact, and said, he would carry us where his confederates were, those that were along with him when he did it. He carried us to a house in the parish, which is called the blind woman's house, where I went in, but found nobody; I found nothing but two dead fowls , which they had stolen that night. I went up towards Rag Fair, and by the watch-house we took these three girls, and they carried us to Mr. Johnson's house, where I found the things.

Q. What did you find there?

Meriton. I found five waistcoats, &c.

John Johnson [the Prisoner.] Take that man away, he is putting into his head what to say.

Badham [the constable.] I am only telling him that the things are here.

Meriton. The tea spoons were taken out of one of the girls pockets in New Prison.

Jane Johnson . You say in New Prison, it was in Bridewell.

Meriton. I mistook, it was in Bridewell.

Jane Johnson . You will say any thing.

Q. Does the out-house and dwelling-house join together?

Meriton. There is a yard between the out-house and the forehouse.

John Johnson . I beg leave to speak, he has sworn to a cock and a hen, that he knows nothing of, he has made an information that he got them in my house.

Q. Did you ever swear you lost a cock and a hen? Did you swear so, or not?

Meriton. No; I never swore it.

John Johnson . Ask him where he got [found] these clothes.

Meriton. The constable will make that appear presently.

Q. Did you see those things in his house?

Meriton. No.

Rachel Lambert . On the 13th of May I ironed these clothes, and hung them in the back kitchen to be hardened off, and between three and four o'clock in the morning Martin came and stole them away.

Q. How do you know he stole them?

Lambert. It is by his own confession, I know no more than that, he said it in my master's own parlour. I went along with them into Rag Fair, and stood at Johnson's door, and received the things from the constable - These are my master's goods, and what I received out of Johnson's house.

Mary Fell . I heard a cry of thieves, and saw the boy James Martin run along with a quilted petticoat, a waistcoat, and one green stocking: he ran down a turning, and threw the goods into the porch of the door, and the people crying out Stop Thief, I stopped him, and run him up against a door, and he threw me down into the channel, but Benjamin Amstead took him, then he begged Mr. Meriton to be favourable to him: he said he had been about half a year in that gang, and they sent him a thieving.

John Badham . Captain Meriton sent to me in the morning, the boy was taken then; he said he would tell us where the things were: we went into Swan Alley, but there were none of the things there. I told him he had deceived us, then he said he would go and show us where the things were, and he went with us to this Mr. Johnson's. I knocked at the door, and they would not let us in - there was nobody appeared to open the door. I sent somebody round to see if there was not a back door. I looked in and saw a man and a woman go out of the room where they lay, one in his shirt, and the other in her shift, and they went towards the yard; then some of my assistants got in at the back door, and let us in at the fore door, and gave the things to me, and I delivered them to the Captain's maid, and she said here is something more than our due, that was a shirt unmade, and three plates. I went into the fore parlour, and Johnson was sitting with his coat on in the bed with a child by him. I asked him whether he was the master of the house, and he said he was not.

John Johnson . Did I say so?

Badham. You would not own you was master of the house, and your wife run into the cellar.

Q. Recollect what answer he gave you when you asked him whether he was the master of the house?

Badham. He said he was not: I asked him where the woman of the house was, and he said he could not tell. I was informed by a little boy that a woman was run out at the cellar window, and run down the street, and was gone into a house. I asked him what house she was gone into, and he said into the Hay-field house. I desired the man of the house that he would assist me, and told him I should be obliged to him if he would, and he went up with me into the garret, and we secured her.

Q. When did you secure John Johnson ?

Badham. We secured him at the same time.

John Johnson . I desire he would ask the Prisoner Martin, whether he will not contradict him.

Q. Is that the man that denied himself?

Badham. That is the very man.

John Johnson . Did not I ask you what you wanted?

Badham . Yes, and I told you I wanted the master of the house .

John Johnson (to Capt. Meriton.) When I was asked whether I was master of the house, what answer did I make?

Meriton . You denied it.

John Johnson . He will say any thing, what signifies my asking questions when he denies every thing .

Johnson (to Badham ) You said you would hang me for the reward.

Q. Did you ever declare that you would hang the Prisoner for the reward?

Badham. I never said any such thing.

Johnson . You did in Ratcliff Highway, you did, indeed you did, indeed you did.

William Carter . I went with the rest of the witnesses to the back door, and found these goods by the vault door, (I do believe if I had not come as I did, they would have put them into the vault) and I delivered every thing that is here to the Constable. After I had got these things, Mrs. Johnson came out of the cellar, I think with only one petticoat on, and she desired liberty to go down to put on her things, which I gave her, and somebody said she had made her escape out at the cellar door, and was gone into the hay field; and I found her in that house, either in the room up 2 pair of stairs or in the garret, she struck at me, (she can fight a battle,) she struck at me like an ox, upon my foul, Sir.

Q. Did you break open the door to get at her?

Carter. I shoved against the door and it opened. I don't believe it was locked; there were 4 or 5 stout fellows and a woman in bed together. They did not make any resistance, she was very rustical in the house, but when I got her out of the house she came along very quietly.

Benjamin Amstead . I went with the Con stable to Johnson's house, the Constable looked through the key hole, and bid us run round, the things were in the yard the outside of the house close to the vault door, and some of them had like to have been down in the vault. I run to the fore door and let them all in, I went into the fore room of the house, and Mr. Johnson was in bed with a young child. I was told that Mrs. Johnson was run out of the cellar window, and into the hay field house. I and the last witness went to the house, and told Mr. Bell the master of the house, that there was a woman run up who had received stolen goods. Then Mr. Bell said he would go up with us, we went up 3 pair of stairs and found her; she was going to shove us out of the room, but when Mr. Bell came up she came quietly out of the room.

Jane Johnson . I would ask him whether the goods were at the back door of my house, or the thoroughfare that goes into the alley?

Amstead . They were in the yard belonging to Johnson's house close by the vault door.

Jane Johnson . Was the door fast?

Amstead. No , it was wide open .

John Johnson . There is a passage with about 50 houses in it, any person might put them in there, the Gentlemen of the Jury will consider this .

Q. (to Badham .) When was it you first saw the Prisoner in his coat ?

Badham. The minute I came in I saw him in bed with his coat on .

John Johnson . Now Gentlemen of the Jury. I hope you will take notice of this, he said it was a man in his shirt that he saw first.

Q. (to Amstead .) You say you let Badham in, had Johnson a coat on then or had he not ?

Amstead. I cannot say whether he had a coat on or no, but he was in bed.

Carter. He sat in the bed with his coat on, and a child with him.

John Johnson . There was a great mob, and I asked whether they had a right to come there, for I thought it was a press gang, and when I found what they were, I said if there's any goods that belong to you take them. I said, ask the boy [Martin] whether I received the goods of him. Ask Martin whether I did not say I knew nothing of them?

James Martin . I am guilty of the fact, these girls know nothing at all of the matter.

Bernard Bourne . Martin confessed that he robbed me that night of the goods that Mr. Meriton had brought to his house more than his own, and all the girls confessed that they received these goods from Martin, and had delivered them to Mr. Johnson , and had sold them to Johnson for 20 s. - Copeland and Monroe owned it, I remember particularly well, but I can't be positive to Esther Buck ; Martin confessed that he got over Capt. Meriton's wall or pales, took the goods, and threw them over to these girls, and they carried them away.

Prisoner Martin. I did give the goods to somebody, but who I cannot tell, these are not the persons to be sure.

Capt. Meriton being called again, said, that Copeland, Monroe and Buck, confessed that they carried some of these things to Johnson's house. - The boy confessed it mighty publickly.

Elizabeth Davis . I lodge in Johnson's house, on the 30th of May there was a sailor, a relation of mine and a ship mate of his lay there that night, they had got a ticket for the Winchester, and their time was out. I got up at 4 o'clock in the morning to call them up to go away, for they were afraid of being pressed . We went out and left the back door open, and I went with them as far as Execution Dock; there's no lock at all upon it, and the lodgers all go through that way.

John Johnson . Was I sick in bed or not?

Davis . He had been ailing some time, and had taken a sweat over night.

Ann Plumberee . I lived in that house and let it to Johnson, he is a Smith by trade, and has done several jobbs for me, he made something for me between 2 and 3 months ago; he did keep a Smith's shop but does not now: he pays his rent very honestly ; when I lived in this house the cellar window was not secure, and now I believe that it is so closed up that a woman cannot get out , there is no window or window shutter, there is only a great strong board, - it is impossible to get out at the window , there is no way to get out.

Johnson. I make rasps for the Bakers, and I make them better than ordinary. I don't sell them to the Ironmongers , because if I sell to them I must sell at a low price, but I only sell them to the Bakers, and then I have my price.

Abraham Lockeridge . Johnson works at rasp making and file cutting, sometimes he works for me and sometimes for himself, and has within these two months.

James Martin , Margaret Monroe , Esther Buck , Mary Copeland , guilty of the felony: John Johnson guilty of receiving the goods knowing them to be stolen. Jane Johnson acquitted .

When John Johnson received sentence of transportation he said, What 14 years, please to make it 20 years, I'll make you a present of the other six years.

[Transportation. See summary.]

321. Archer Hard , was indicted for stealing two books bound, together with silver clasps, one the book of Common Prayer, &c. the other the holy Bible, value five shillings , the goods of Christopher Plummer . May 2 .

Christopher Plummer . The Prisoner is my brother-in-law, he came to see my wife, and took this Bible. I missed it the twentieth of May; I made an enquiry after it, and found he had offered to pledge it to a pawnbroker in Old Street Road for 5 s. He s aid he would not take it in, because he thought it was stolen, and told me he believed he was gone to the Three Balls in Golden Lane. I went there, and asked him if he had taken in such a thing as that ; he said he believed he had, and gave me a description of the person that brought it. I got the Prisoner to go with me to the pawnbroker's, and he said he could swear that was the person that brought it.

Prisoner. Did I ever deny before the pawnbroker that I carried the book there?

Plummer. No; the Prisoner said when he came opposite to the house he knew what I was going about, and said I should have the book in a fortnight's time.

Q. Do you think he took it with a design to steal it?

Plummer. I believe he would have returned it, and that he never did such a thing before, but was put to straits for a little money.

Anthony Barnes . I live at the Three Blue Balls in Golden Lane, the Prisoner brought this book to me to pawn (I believe it was earlier in May than the Prosecutor speaks of) and asked 12 s. upon it, (he did not offer to sell it) he said it was a book he had a great value for, that he had a child lay dead, and had not money to bury it, and that was the reason of his bringing it. I offered him 5 s. upon it, he said that would not do, for he was very hard put to it, so out of compassion I lent him more than another would have done, I lent him seven shillings; he did not pledge it in the name he was indicted by, but in the name of William Smith . Mr. Plummer came with him another time, and while they were in the shop, he asked the Prisoner for money, and the Prisoner said brother have patience with me, and I will pay you every farthing; he said this when the Prosecutor was pulling him out of my shop by the collar - I did not think it was stole the Prisoner gave so good an accounts of himself, and told me where he lived.

Prisoner. After my brother had been with me at Mr. Barnes's, I went home, and stuck at my work till night, and was at work when my brother came and took me.

Q. How came you to pawn this in the name of Smith ?

Prisoner. I had borrowed this book of my sister several times to pawn, and did not care my brother should know it. I had a child lay dead then, and I did not care to beg the ground. I believe my sister would have been here if my brother would have let her come.

Plummer. I did not hinder my wife from coming.

William Ogden . I keep a publick house, I have known the Prisoner about a year; when he came to live in the neighbourhood he was recommended by a friend, who said if he should want to borrow a shilling or two you may let him have it, which I have done, and he has paid me very honestly . He is a very industrious fellow; I have heard that the Prosecutor should say that he would spare nothing to separate the Prisoner and his wife.

John Buckland . The Prisoner has worked with me a year and an half, his character is very good, and he has been honest in all cases since I knew him.

Mrs. Buckland gave him the same character, as also Mary Butler , who has known him between four and five years. Acquitted .

322, 323. + William Cox , and Sarah Cox , of St. Giles's without Cripplegate , London, were indicted for assaulting William Cater on the King's highway, putting him in fear and danger of his life, and taking from him a handkerchief, value 12 d. and six shillings in money, the property of the said William Cater , May 27 .

William Cater . On the 27th of May I was walking down Barbican about eleven o'clock at night, I was going along by myself, no man or woman in my company, William Cox the Prisoner at the bar came to me and blew out a candle that I had in my hand, which I was taking home to light me to bed, then he took hold of me by the collar of the coat, and bid me stand ( Sarah Cox put her apron against my mouth) and said, if I offered to resist he would stab me, whereof [whereupon] he put his hand into my pocket, and took out six single shillings, which I had in my breeches pocket on the right hand side, then Sarah Cox untied my handkerchief, which I had about my neck, and then he drawed the handkerchief off my shoulders, and away they went, and run away.

Q. Did they run?

Cater. Yes.

Q. Did Sarah Cox untie your handkerchief while William Cox took it off your neck?

Cater. Yes, she did, - she is not the wife of William Cox the Prisoner, she is the wife of Thomas Cox .

Q. What sort of a night was this? Was it a calm night?

Cater. It was a calm night.

Q. Did you know William Cox ?

Cater. I had seen him once before.

Q. Was it light enough to discern one person from another?

Cater. Yes very easily.

Q. What light did you discern them by?

Cater. I saw them before he blew my candle out. I saw both their faces as plain as I can now, and some relation of theirs offered me the money and the handkerchief if I would not appear against them. Sarah Cox was examined before Justice Hole , (she was examined first) and she would have made herself an evidence against William Cox and his wife, and 4 other persons.

Q. What for this fact?

Cater. Yes.

Q. What did she say as to this particular fact, did she say how far she was concerned in it?

Cater. She did not the first time she was examined, but she did when she was called in the second time, after the Justice had examined her, he called me in singly by myself, and afterwards he called her in again, then she confessed that she untied my handkerchief, and he confessed he took the money out of my pocket.

Q. Did she own she had any part of the money?

Cater. No.

Q. What did he say?

Cater . He owned he took the money out of my pocket, but did not take part of it all .

Q. Was there any confession taken before the Justice?

Cater. There was something wrote, and they put their marks to it.

Sarah Thomas . I happened to be coming along just by the Black Horse in Barbican, a few minutes before or a few minutes after eleven at night, I cannot tell which; I saw the woman [ Sarah Cox ] come up to him [the Prosecutor] and put the apron before his mouth.

Q. When was this?

Thomas. The 27th of May.

Q. What did she do then?

Thomas. She untied his handkerchief, and William Cox who stood behind, took the handkerchief of his shoulder, and run away with it.

Q. By what light did you discern this?

Sarah Thomas . I discerned it by the light of the lamps.

Q. Was there a lamp thereabouts?

Thomas. Yes there was. - I happened to be out that night a little longer than ordinary, and it being a clear night I stopped a little to see what they were doing, for I did not know but they might know the man.

Prisoner William Cox. Ask the Prosecutor whether he ever saw me before?

Cater. I have seen him before, but I never saw him do any harm before.

Q. Have you known the woman before?

Carter. Yes, and I know her to be a very vile jade.

Thomas Dobbinson . I work for Mr. Willoughby a Press maker in Fore-street, the 11th of June Mr. Cater came to ask for Mr. Willoughby , and he said he had got an account of the persons who robbed him, and he said he heard they lived in Swan-alley, by the three Jolly Butchers. I told him I would go along with him and endeavour to take them, for they were generally out in the skittle ground. I knew it was a dangerous attempt, but I said I would be brought home myself if I did not take hold of them. I heard that William Cox had lately worked for a Hog Butcher. I went to the house of one Tidsell (who I sent for to come hither) I asked him whether Cox's credit was good enough to borrow 20 s. and pay it at a shilling a week. I did this that they might not suspect what I came about. I did tell him there was an old woman that lent out money at a shilling a week that desired me to enquire, and the landlord went and fetched him; he came and sat down, I said how do you do Cox? I think there is too little for you, I had the pot in my hand and drank to him, (some people said he looked a little white) and desired the landlord to bring another. I catched him by the collar, and I had a little Joiner's hatchet by my side, and I said if he stirred a step I would lay his head upon his shoulder; Tidsell said, If I had known this, I would not have called him; then Tidsell said to him, I told you what these whores would bring you to, but I did not think you had been so great a rogue as this; Cox said he did not do it; but he believed he knew who did, he said it was our Tom's wife and some other persons. Then said Tidsell send and have them taken up, but he wanted to go and fetch them himself: I said, it is the custom in our country always to keep an egg in the nest till the hen has laid again, so Sarah Cox was sent for and brought in, when she came in shed - d his eyes and limbs if she would not hang him and all the gang of them; after that she sell a swearing at me, she said she was present at the time of committing the robbery, and saw it done, but that it was William Cox and his wife, and one they call Country Moll who robbed Mr. Cater. She wanted to make herself an evidence, I went with them to Justice Hole by Clerkenwell church , and he said there was no occassion for her evidence, when there was evidence enough without it: I had William Cox 's wife brought before the Court, and she was acquitted before the Justice, because Mr. Cater said he did not see her to his knowledge.

Prisoner Sarah Cox . Please to enquire into the character of that man, he has hung one person already, and he says he will hang us.

Thomas Foot . I am a Headborough, the last Witness charged me with the Prisoners at an alehouse in Swan-alley for a robbery. I sent for the Prosecutor, and when the Prosecutor came he fixed upon them directly. Sarah Cox desired to go with the Prosecutor into another room; I went into the back room with them, and Sarah Cox desired to be made an evidence as to this fact.

Q. Did she mention how she-was concerned in it?

Foot. She mentioned a little of it then, but not so much as she did before the Justice; the Prosecutor seems to give an account of their signing an examination, but I don't know of any such thing. I heard her confess it before the Justice, and the man denied it all the time.

Prisoner William Cox . I know nothing at all of the matter.

Prisoner Sarah Cox . As to the Prosecutor I did meet him with a candle and candlestick , and he wanted to do some rude thing with me; he is a very loose person, and makes it his business to pick up women in the night time. There's a person in Court he took home with him who picked his pocket.

Q. (to Cater.) Why did not you cry out, or go in search after them immediately?

Cater. I did cry out, I cried out stop thief, and they run up an alley. This woman [ Sarah Thomas ] being by, I asked her whether she knew them, and I went into Swan alley and enquired after them, and at last I found them out.

Edward Berry . I have known William Cox a little boy, his character was always when he was little to be honest, and when he was a man to be honest. I am a Hog Butcher by trade, the Prisoner has worked some years with me, and when he worked with me I could trust him all over my house or with 500 l. - He worked with me last winter season. - I have something more to say to his character, he once brought a moidore to my wife which she had slipped off the table in telling some money, says he, Mistress, I have found a moidore , but if some people had found it, I should never have had it again.

James Jackson . I am a Wheeler by trade, the Prisoner was born in the neighbourhood, I have known him from a little boy: he always had a good character; the evidences against him are persons (though I know none of them) of very indifferent character; I would trust the Prisoner at the bar with 100 l. sooner than I would the Prosecutor with 5 s. I am told the Prosecutor is a man very much given to drink, he had a wife and she left him because he was a nasty fellow, and took women home to bed with him.

Berry . I have heard he is a lewd man, and goes out to pick up women in the night; the evidence that wants to hang this woman, is one they call Bubby Sall.

John Turner . I have known the Prisoner from a child, and know his father and mother, he worked for Mr. Berry many years, and I never heard him speak ill of him. I have heard of his picking up a moidore and bringing it to them.

Mary Sanders . I am not come to speak to the character of either of the Prisoners; I am come to speak to prove that the Prosecutor is a man, that makes it his practice to pick up common women.

Q. What do you say of the woman, witness?

Sanders . I know her to be a common street walker; and I know he was so drunk that night that he had a candle and candlestick in his hand, and did not know what he did with them.

Joh n Berry . I have known the young man these ten or a dozen years, ever since he has been a child on and off, he has the character of a very honest young man; he has worked with me this winter, and I have entrusted him with 2 or 300 l. value in my affairs, he has been where there has been silver cups and other plate, and he never took any of them.

Richard Romaine . I have known William Cox 14 or 15 years, he has the character of a poor honest working fellow; I have known Sarah Cox ever since she was first born, and I never knew any harm of her. - I know nothing of her character of late days.

Hannah Barfield . I never heard he had the character of being given to thieving, he has been given to loose company.

Makepeace Sheriff. Sarah Cox came of honest parents, I never knew any harm by her in my life.

John Sheriff . I have known her parents these 20 years, and as for her I never knew any harm by her nor never heard any.

Sarah Lake. I have known her a great many years, and was schoolfellow with her, she always was an honest girl from her bands; she never wronged man, woman or child.

Rebecca Canter . I knew her when she was a servant and lived at Mr. Poole's a gunmaker in Shoe-Lane - about six years ago. I cannot say I have heard any thing of her lately. Both Guilty Death .

324. Thomas Parker , was indicted for stealing two gowns, value 32 s. a velvet hood and pilgrim, value 10 s. three ells of silk, value 12 s. two tablecloths, value 6 s. a handkerchief, value 3 s. two ells of silk, value 18 d. one yard of holland, value 3 l. 6 d. a yard of cambrick, value 4 l. thirteen ells of linen, value 10 s. four ells of dowlas, five pair of sheets, &c . the goods of Mary Nicholls .

Mary Nicholls . In April last I was sent to the Counter, and was there two days and two nights out of the spite of the clerk and the footman in the family where I was servant ; there was a woman in the Counter which the Prisoner kept, and she asked me if I wanted a man to go of my errands. I asked him if he would go round among my friends for me, and he said he would (he said he was an attorney at law: ) I was sent from the Counter to Bridewell; he went along with me, and asked me 5 s. for going to my friends, and he did not go to any of them but two; then he said he was acquainted with the Sheriffs and Aldermen, and Mr. Lord Mayor, and under pretence of doing me great services he wanted money to treat them: he desired I would let him have the keys of my room (I have a room in Houndsditch ) to get some money. I had but 14 s. 6 d. in my box, and I let him have the key, and bid him bring the money, a cap, a handkerchief, and an apron, and he brought me but 2 s. a cap, a handkerchief, and an apron; he said he could find but 4 s. and he kept 2 s. for himself, for he said he wanted money. The matron of Bridewell asked me how I came to employ such a man , for he had not a good look, and bid me ask him (when he came again ) for the keys. I asked him for the keys, and what he had done with a half guinea I had there; he said he had not found the half guinea, but would bring me the keys. When I came to enquire after him, I found he was a runner at the Counter; when I was discharged I went to my lodging, and missing my things, I was surprized. I went to the Counter to enquire after him, and they said they did not know any thing of him, but one of the debtors said he was a rogue and a villain. He absconded about six weeks, and I could not hear any thing of him but by the help of the matron and my friends coming to me I was discharged; and one day as Mrs. Moyett and I were together, I saw Parker going up the Fleet Market, I took him by the shoulder, and said, Parker, how could you rob me (there was one Mrs. Stevens who lives with him ) he trembled very much, and said, I know I have robbed you - he said he had robbed me; we went into a publick house, and I got a constable, and had him before my Lord Mayor, and he owned then that he had wronged me, that he had pawned the things, and would make me easy in three or four days, but he had a fortnight's time given him, and did not do it then. He sent Mr. Goodall to me, and he gave me a note on the behalf of Parker , that he would get my things in a week's time, or he would produce two guineas; but I was informed the note was good for nothing. I got a search warrant, and found all the goods mentioned in the indictment at four pawnbrokers, one in Clare Market, one in Shoe Lane, one in Barbican, and the other in Houndsditch.

Frances Moyett . I was along with Mrs. Nicholls at the Ditch Side when she met with Parker (he gave himself the title of a Solicitor, but I found he was only a runner at the Counter ) I took hold of him myself: and she took hold of him, and saw him sence in this manner - he wanted to hold her hands down, he trembled very much, and said, I have wronged her it is true, but I will make her any satisfaction whatsoever for her things. I kept hold of his arm, and would not let him go till I got into a house. We went into a house the corner of Fleet Lane, and he sat very quietly; Mrs. Nicholls said she would have me go and fetch a constable, I told her she had better go herself : while she was gone, I said to him, I wonder how you could use this woman so barbarously when she was in prison I told him there were five pair of sheets, and a great many other things; he said, I am sorry for it, I will make her any satisfaction; where is she gone? I believe she is gone to fetch a constable: I said at first I did not know, and afterwards I said, I did not know but she might. I asked him how much he thought they might be worth; he said he believed he had pawned them for about 40 s.

Prisoner. I said if I had injured her I would make her satisfaction.

Moyett. He said he had wronged her, and that he would make her satisfaction for her things.

Lawrence Ambrose . Mrs. Nicholls was under my care at Bridewell, I saw her deliver the keys to the Prisoner, and she desired him to fetch her a cap, a handkerchief, and some money - I cannot tell how much money she ordered him to bring, but afterwards she told me it was fifteen shillings.

Q. Did you deliver these keys to the Prisoner for any other purpose than to fetch these things and the money?

Nicholls. For no other use.

John Baxter . I live at Mrs. Harvey's in Houndsditch , the Prisoner came to our shop about the 19th of April, and brought a gown, a napkin, and a tablecloth; he said he came from Mrs. Hickman over the way, and wanted 20 s. upon them: he said, I believe you may know the things, for Mrs. Hickman has brought them before, as she had done. I told him I would not lend so much upon them, I would lend him but 16 s. he went and brought another gown, and then I lent him 20 s.

Q. Did you give him any orders or leave to pawn them?

Nicholls. I never did indeed, he pretended he had a note from me to do it, but it was not my note.

Francis Gore . I live in Barbican, the Prisoner pledged three ells of silk, a napkin, and a piece of new cloth at my house.

Abraham Bibby . I live in Stanhope Street, Clare Market, I took in these from the Prisoner, the mob and velvet hood were pawned by the Prisoner and another, the pilgrim and cap were pawned by the Prisoner himself the next day.

Judith Fletcher . The Prisoner said before my Lord Mayor that he had wronged Mrs. Nicholls , and would make her all the satisfaction he could.

Prisoner. In April last I went accidentally, or rather unfortunately into the Poultry Counter , the Prisoner was committed there on suspicion of robbing her master. I had some business with relation to the clearing some insolvent debtors, which was the reason of my going there. I was recommended to her to assist her, and went about her business (she acknowledged she had been guilty of a great many errors.) When she was removed from the Poultry Counter, I went and attended her in Bridewell: she desired I would take her keys, but I sent another man for them; she delivered the keys to him, and he delivered them to me. She ordered me to pawn some things for her, and bid me say I came from Mrs. Hickman: and I do say, I do allow, I said I came from Mrs. Hickman, for I had her order so to do.

John Baxter . You did say so.

Prisoner. She said do this for me, but do not tell Mrs. Hickman, for she is this, and that, and t'other. She asked me for money several times, and I gave it her: I asked her for money several times, and she had none; whatever she asked me for she had.

Jury. What sum did you give her?

Prisoner. Whenever she asked me I gave her; I have two witnesses in the Poultry Counter, one of them can come, and has been here; the other is in upon a writ de Capias Excommunicando .

Thomas Edwards . I have known the Prisoner upwards of ten years, he has been concerned for some eminent brewers as a clerk, about four or five years ago, one in Holborn, another at Knightsbridge , &c. and in all those places I never heard any thing of this kind laid to his charge - he has since that done business for attornies as a writer.

William Goodall . I have known the Prisoner these five or six years, for I am concerned as an agent for his brother, who is a reputable attorney in the country; and since the Prisoner has been out of business, I have employed him as a scribe, he writes a good hand, though he was not bred an attorney. I heard he was sent to the Counter on suspicion of a robbery; I enquired into it, and went to the Prosecutrix, and said, if he has robbed you, I will not be concerned in it, but I do expect his brother in town and then he will make you satisfaction . She said she was in upon suspicion of a robbery herself, and while she was there nobody would come to her; she said she had entrusted him with her keys to go to her lodging and take some things out: says I, you must have a very good opinion of a man to suffer him to do that; she said he owned he had taken her things, and pawned them to the value of 40 s. or upwards. I asked whether it was without her privity (because he said she had given him power to go and take such things in order to raise money) and she said she had given him the keys to take some things to pledge to raise money, but I cannot say what particular things she mentioned.

Q. Did she say she gave him directions to take particular things, or was it a general order?

Goodall. I understood it was a general order to take what he thought proper, but I cannot say positively it was. The Prosecutrix came to me a second time at King's coffee-house in Fleet Street, and said , I do not want to hurt the man, but unless you will give me two guineas I am advised to prosecute him for Felony : there was a Jew along with her at that time.

Edwards . I was with her before my Lord Mayor, and she never pretended it was a Felony.

Q. I ask you upon your oath whether you ever said to Mr. Goodall , that you gave the Prisoner your keys to take such things as he thought proper to pawn? Is that true, or not?

Nicholls . I never had any such thought, nor never said any thing like it.

Q. He says you owned you gave the Prisoner your keys to pawn either some particular goods, or else in general to pawn goods for your use?

Nicholls. I never said any such word, or any thing like it, as I am in the presence of God.

Q. Did you say it was all one to you, if he would give you two guineas or your goods, or else you would prosecute the man?

Nicholls. I said I was very much imposed upon, and I would go by my Lord Mayor's directions.

Q. Did he offer any note to you?

Nicholls. He did offer me a note, and I was told that the person who offered me the note wanted to impose upon me.

Thomas Lamley . I having some knowledge of Parker , went with him to Grocer's Hall, he had three or four hearings before he was committed, because the Prosecutrix did only desire security for her goods, or to have her goods again. She offered to take that gentleman's note [Mr. Goodall's ] and said she did not desire to prosecute him.

Q. Did not she say he had robbed her?

Lamley . No, she did not say any such thing.

Q. Did not she say something to this effect?

Lamley . She said, if I can get security for my money or goods, I will not prosecute him.

Q. Did she acknowledge she gave him the key to take the goods to raise money?

Lamley . She said she gave him the key to take the goods to raise money as he thought proper, - She said this as we were walking backwards and forwards in the hall.

Nicholls. I never spoke to the man in my life.

Lamley. She talked with me an hour together.

Sarah Hickman . I live in Houndsditch, Nicholls had a room in my house.

Q. What have you to say about Nicholls goods?

Hickman. What would you please to have me say? I don't know what I came for.

Prisoner. Speak the truth.

Hickman. I am to speak the truth between. Parker and Nicholls; she had a lodger one John Brown who was a fellow servant with her in Bishopsgate-street, and when he left his master he came there, and came with all her keys.

Q. Did Parker ever come alone?

Hickman. The first time he came with her keys he came alone, and John Brown saw him, he was in the room when he brought them. - I can't say how many times he came, I believe it was 4 times, it might be 5 times.

Prisoner. Did not you say to me, Take care what you do, or you will bring yourself into a secret?

Hickman. I bid you be very careful what you did. You brought the keys, and came for things, and said you had her order for it.

Q. Did he carry them out publickly before your face?

Hickman. He carried out 2 gowns, a napkin and a table cloth publickly at noon day.

Judith Fletcher . I was present with Mr. Goodall , and Mrs. Nicholls at the Feathers-Tavern in Cheapside , and at King's coffee-house in Fleet-street, I was there all the time, and heard every word that passed between them.

Q. I ask you whether she said she gave him the keys to raise money by any particular goods, or by the things in general?

Fletcher. She gave him no such orders, she said she gave him the keys to fetch a cap, an apron, and a handkerchief.

Q. Did she mention any money that he was to bring?

Fletcher. She said there were four shillings and half a guinea in her box; I don't know that she bid him bring any money.

Q. Did she say she was indifferent about prosecuting the man, or if he did not make it up, she would make a felony of it?

Fletcher. No indeed she did not, indeed she is very much wronged I must own. Guilty .

[Branding. See summary.]

325. Sarah Probert , otherwise Mason , of St . Paul's Covent-Garden , was indicted for stealing 7 silver tea spoons, value 3 s. 6 d. five towels, value 1 s. two table cloths, value 1 s. a cotton gown, value 2 s. a counterpane, value 1 s. a pair of shoes, value 6 d. and 2 muslin handkerchiefs, value 6 d. the goods of William Vaughan , April 1 .

William Vaughan . On the 30th of March I went down to Deptford to enter on board a ship in the service of the East-India company, and I was informed at Deptford the 2d of April that my house was broke open. When I came home - I live in Hart-street by Covent-Garden Playhouse , I found there had been some strain to take out a bar of the kitchen window. I missed a quantity of coloured shirts, I can't tell how many, seven tea spoons and other things, some are mine and some my mother's. I had a suspicion of one Richard Probert , who I heard had entered into the army, and lived with a woman at one Lewis White 's in Thieving-lane , (whether it was his wife or no I could not tell) I enquired for him by the name of Probert and described him, and they said there was one Mason lodged there that belonged to the army. I heard he had entered into the Duke's regiment, went to the Corporal of the guard at St. James's, and found he was sick in the Infirmary. I had liberty to go up and found him lying in a miserable state of health. I heard there was a woman came to him who called herself his sister, and she was to be there the next day. I waited to see her, and found she was the Prisoner; I enquired at Lewis White's whether they had seen any calico shirts, and in particular, the counterpane: they informed me where the washerwoman lived, I went to her, and she said she had washed such a thing; 'tis an India Pallampore. Upon this information I got a warrant to search Mr. Smith's a Chandler's shop in opposition [opposite] to the Blue Boar's-head in Denmark-court. I searched the house and found 5 towels and a table cloth. I got a warrant to apprehend the Prisoner; the Wednesday following I saw her at Mr. Townsend's she said there her husband (Mr. Probert) as she called him had sold 2 table cloths, some towels and the counterpane to this Mrs. Smith for 13 s. or 13 s. 6 d and she said she had sold the silver spoons herself.

Prisoner. Pray Sir, did I sell the things?

Vaughan. There is evidence that you sold them.

Smith. I bought these things of her and her husband as she calls him, and she said she was offered 11 s. for them at the Star Tavern in the Strand; that her mother bought that counterpane of an upholsterer and gave a guinea for it. I gave them 13 s. for them, and I heard no more of them till Mr. Vaughan came with a warrant.

Elizabeth Bathew . The Prisoner kept a house in Vine Court, I know she had a great many good things; she offered these things to Mrs. Wood at the Star Tavern , and she would give but 11 s. for them, and Mrs. Smith gave her 13 s. - her husband was with her at that time. I have known Mrs. Mason two years, I lodged in her house, and take her to be a very honest person; they then went as man and wife.

Prisoner. Did not you give the money into my husband's own hand?

Smith. I laid the money down upon the table, but cannot tell whether he or she took it.

Mary Margerum . I have known the Prisoner three years and an half, she was a lodger in my house before she was married. I have trusted her fifty times in my house; I have a 100 l. worth of plate in the house - my husband is a poulterer in Leadenhall Market.

Mary Hone . I have known her ever since she was born, and - Butler from eight years of age, and gave her the character of a sober modest young woman . Acquitted .

326. + Lydia ADLER *, late wife of John Adler , was indicted for that she not having the fear of God before her eyes, &c. on the 11th day of May, in the 17th year of his Majesty's reign , with force and arms in the Parish of St. Sepulchres , in the Ward of Farringdon within, in and upon John Adler her husband, in the peace of God, &c. feloniously, traiterously, wilfully, and of her malice aforethought did make an assault, and him the said John upon the ground, feloniously, traiterously, wilfully, and of her malice aforethought, did cast and throw, and he the said John then and there lying, in and upon the groin of him the said John Adler her husband, divers times feloniously, traiterously, wilfully and of her malice aforethought did kick and stamp, giving to the said John Adler upon the groin of him the said John, one mortal bruise, of which said mortal bruise the said John Adler from the said 11th day of May to the 23d day of the same month did languish, on which said 23d day of May, &c. in the Parish of St. Bartholomew, the Great, &c. the said John Adler of the said mortal bruise did die, and therefore the Jurors say that she the said Lydia Adler , him the said John Adler , in manner and form aforesaid, feloniously, traiterously, wilfully, and of her malice aforethought did kill and murder .

*She was indicted last September Sessions by the name of Lydia Millin , otherwise Adler, for breaking and entering the dwelling house of John Adler the younger, and stealing some wearing apparel , the property of Priscilla Adler , and a silver watch, &c. the property of John Adler , the elder, [the Deceased] and acquitted. See Page 260, Trial 485.

She was a second time indicted on the Coroner's inquest for manslaughter.

Hannah Adler . The deceased was my husband's father, on the 13th of May he came to see us, and I went home with him - He lived in Bartholomew-close ; he told me this wicked woman the Prisoner at the bar was the woman that murdered him.

Q. When did he tell you so?

Hannah Adler . This was done the 11th of May, and he told me so the 13th.

Q. Upon what occasion did he tell you this?

Adler. He said she had thrown him cross the bed and bedstead, and kneeled upon him and he was forced to go away from her.

Q. Was he naked then?

Adler. Yes, he was just going into his bed.

Q. How long after that did he die?

Adler. He lived 12 days afterwards.

Q. Had he been out after this?

Adler. Yes, he had been out.

Benjamin Barton . He came to my house on Friday May 11, he had a handkerchief about his head that was bloody; and he says to me, Barton, have you ever a spare bed in your house? I told him no. I knew the Prisoner to be a very turbulent woman, and I refused him a lodging: says he, This eternal fiend will be the death of me, for she has stamped upon my private parts. I never saw him any more till the Tuesday following (this was on the Friday) at his own home in 3 Fox-court in Bartholomew-close . On Monday he sent a note to me by Mr. Godman's [the Surgeon] servant to pay him a guinea, (and Mr. Godman's receipt should be my discharge,) before Mr. Godman would meddle with him. On Tuesday I saw him again, for I visited him every her day during the time of his languishing, and very often he said, I wish Mr. Barton you would be a good as to get a warrant to secure this woman, for she will be the death of me: And two hours before he died he asked me if I had got a warrant so the Prisoner.

Q. When was this?

Barton. It was the 23d of May.

Q. What did he desire then?

Barton. He said if I had not got a warrant then, he desired I would see her brought to justice, and I said I would if it lay in my power; then I went home, and in about two hours his daughter came and told me her father was dead. I was with him much about 12 o'clock, and he was dead before two.

Q. (to Adler.) What time did your father die?

Adler . I think to the best of my knowledge between 12 and one in the afternoon: about 10 o'clock he said, I am a dead man, and this lady [the Prisoner] has killed me. I made answer again and purged him and said, father, who was it gave you this wound that turned to the mortification? He said, 'My dear child, she is the person that did it, and I hope you will bring her to justice. I was very ill in sitting up so many nights and days, and he said, Dear child, I hope you will live to see her brought to justice, for she is the person that murdered me; he died about ten minutes after he said these words.

Thomas Godman . I attended the deceased on the 14th of May, and the first word that the deceased said to me when I came into the room was, This wicked woman has murdered me. I desired to search him with regard to his complaint; he told me she had hurt him in his private parts, when I came to examine him, I found he had a rupture of the gut in the scrotum - the gut had fallen down into the scrotum - our term for it is Hernia Intestinalis. I found upon examining that this was not recent.

Q. What do you mean by examining?

Godman. Both feeling and looking.

Q. What do you mean by recent?

Godman. Fresh contracted; for his rupture had been some years, but he had received a contusion upon the groin, which had occasioned a stagnation of the contents of the gut in the scrotum, of which notwithstanding all I applied to relieve him he died - I believe about the 23d of May: I opened him after the Coroner had taken his inquest, and found the gut to be mortified, which was the occasion of his death.

Q. By what occasion was that mortified?

Godman. I take it to be by the bruise upon that part of the gut which comes down into the scrotum .

Q. Was the contusion recent?

Godman. That was recent, but the rupture had been of a long continuance.

Q. Suppose this had happened to a found man, what damage do you think this would have done him?

Godman. It would not have hurt him, for some labour 20 years under this complaint ?

Q. Was it a great bruise?

Godman. It was sufficient to occassion a stagnation of the contents, which occasioned the complaint; - his general cry was, the wicked woman had killed him, but who he meant I can't tell, for he never mentioned any name to me.

Prisoner. Mr. Godman may be a very good Surgeon, he is Surgeon of St. Luke's Parish , but I never knew a Surgeon open a man without 3 or 4 Surgeons with him, for he had this ailment a great many years; if he lays any thing against me I will suffer the law. My husband was two months and was not able to put his shoes or stockings on.

Godman. I have mentioned it to the Court good woman that this was an old complaint.

Prisoner. My husband loved women, he had got 2 wives besides me; he had a crew he lived with in St. Giles's, and one of them gave me a slap of the face; I asked her what she did here? and she said he was her husband and struck me, and said she could cut me in three pieces, and she tore my cap off my head; he went to pull this creature off me, and fell against something, and this creature fell upon him, he fell backwards, and she is a very great weight; and he got such a disorder by this that he could not put on his shoes or stockings; he has not had an hour's health since I have had him, which is 4 years and an half. He was very bad to be sure, but I never lifted up hand or foot against him. I was advised to carry him to the hospital, but that creature [ Hannah Adler ] knocked me down with a hair broom, and took him to her house.

Joseph Steele . I have known the Prisoner about nine or ten years. Mr. Adler was acquainted with another woman in Golden-lane that he had two children by; he was always a loving man to his wives at first, and when they came to be a little expensive to him, they used to fight like dog and cat: he had another wife between her and that gentlewoman [the Prisoner.] I ask pardon it flurries me, I am not used to these things; I am not used to come into a Court: he had a housekeeper who was pretty lusty, and she used to beat him, and when he put her off, he took to this; she was as pretty a modest behaved creature as could be, and continued so for a long time; he was as fond of this at first as he was of the others, but then money growing thin he wanted her to work, and allowed her but little for it, and would buy stale things for 2 d. which if they were good would be worth 8 d. I believe they trumped up stories against her, for I carried her twice to New Prison, (I am an officer of the Parish and kept a publick house in the neighbourhood) the last warrant I had, the Justice did not believe she was guilty, and discharged her.

Q. You seem to say, that this woman did really beat him?

Steele . I believe she was like other women, that when he struck her, she struck him again.

Q. Did you ever see her strike?

Steele Yes , I have; upon my oath I have; I have seen them fight up and down.

Prisoner Don't you know he took me up for a robbery?

Steele . I cannot say anything to that; I know he tried his first wife, this is the 4th wife, and they were all served in the same kind . Guilty of Manslaughter .

[Branding. See summary.]

327. Mary Gibson , of St. Martin's in the Fields , was indicted for stealing 2 silver spoons, value 8 s. one pair of silver sugar tongs, value 5 s. a silver tea strainer, value 2 s. the goods of Thomas Hurnell , May 2 .

Mary Hurnell . The Prisoner came to chair with me. I was called out to serve a customer, in the mean time she took the tea spoons, &c. and went out at a back yard, and I never heard any more of her till she was brought to me; she had sold some at a Silversmith's, and owned she took one of the spoons. Guilty 10 d.

[Whipping. See summary.]

328. Elizabeth Lees , of St. James's Westminster , was indicted for stealing one cotton gown, value 7 s. a quilted petticoat, value 1 s. and 12 wooden dolls , value 1 s . the goods of Joseph Witcomb , June 16 .

The Prosecutor not appearing she was acquitted .

329, 330. John Strech , Eleanor Strech , of St. Mary Whitechapel , were indicted for stealing two sheets, value 3 s. the goods of Elizabeth Fosset , June 10 .

Elizabeth Fosset . I lost a pair of sheets , but I can't say they took them. I met them in the street one day, and charged them with taking them and took them up; my passion overcame my reason, or I should not have done it. Acquitted .

331. + Francis Perry , of St. Mary le Bon , was indicted for the murder of Thomas Perry , by assaulting him, and casting and throwing him upon the ground, and upon the ground divers times, feloniously, voluntarily, and of his malice aforethought, with both his hands and feet, striking and kicking him on the belly, breast, stomach, sides and groin, and thereby giving him several mortal wounds and bruises, on the 22d day of May, in the 17th year of his Majesty's reign , of which he languished, and languishing did Live from the said 22d day of May, to the 29th of the same month, and that he on the said 29th of May, in the Parish of St. George Hanover-square, did die .

He was a second time indicted on the Corner's inquest, for feloniously slaying the said Thomas Perry .

Elizabeth Perry . I don't know the Prisoner, - my son who is dead wanted 7 days of 14 years of age, his father is a Taylor , but he has left me, the boy was brought up to the Taylor's business, and was very useful to me in it: This was done the 22d of May last. I had given him leave to go out to play, when he came home he sat down at the bottom of the stairs . I went to him and said, Tommy, why don't you come up and eat some supper? He was very dull. I had some bacon and greens but he did not eat any of them, only a bit of bread: he did not say any thing of his being hurt that night; the next morning between 7 and 8 o'clock I thought I saw some disorder in my child, and asked him what was the matter with him; I said there was some disorder more than ordinary . Says he, Frank Perry has given me a kick on the belly and hurt me very much; he showed it me, and there was the print of the toe of a shoe upon his flesh.

Q. Was there any great bruise?

Elizabeth Perry . Yes.

Q. Was it much swelled ?

Elizabeth Perry . Not much. I said let us go to an apothecary and surgeon, may be you have hurt some of your guts; he said, don't go to day, mother, for to morrow I may be better , but he grew worse and worse. In the mean time I did what I could, I sent for an apothecary, and he ordered him some things. On Monday I sent for Dr. Middleton the Surgeon.

Q. Was the bruise inward or outward?

Elizabeth Perry . There was not much to be seen outwardly. On Monday Dr. Middleton's man came to bleed him, and on Tuesday he came again. Pray mother, says my boy, order me a sleeping draught ; the doctor's man said there is some disorder in your child more than I care to mention, and afterwards he said I will not deceive you, he is exceeding bad, I would advise you to send him to the Infirmary, he went into the Infirmary , and every thing he took before you would imagine it was got into the stomach, came up again as green as grass.

Q. How long was he at the Infirmary?

Elizabeth Perry . I believe about two hours , and then he died.

Q. Was he opened?

Elizabeth Perry . Yes.

Q. Was you by when he was opened?

Elizabeth Perry . They would not let me.

Q. You say when the boy came home he said he had a kick from this Francis Perry . Did he talk of it afterwards?

Elizabeth Perry . I said to my child I will get a warrant to take this boy up, for you will certainly die; and I asked him how it happened; he said young Bailey and he had been in the fields a birds nesting, and when they came back they came into the brick field, and there was Francis Perry [the Prisoner] in that field: said young Bailey I know of a robin's nest, and Frank Perry said that Bailey had shewed my child the robin's nest before, and my child said he had not . My child said, Francis Perry took up a three shilling ball (it was a tennis ball, I do not know what it cost) and bit me on the elbow, and that made me saint; then he bit me on the side and on the back, and hurt me very much; but I am tired now, says he, and cannot tell you any more: that was the last he said about it.

Mr. Riddle, Surgeon. I opened the body of the deceased on the Thursday after he had been dead two days.

Q. What condition did you find him in?

Riddle. I did not find the least sign of any external violence, neither was there any upon the muscles; in the inside I found a very great inflammation of the intestines, but sometimes this is occasioned by a fever.

Q. Can you take upon you to say that this was occasioned by any external bruises?

Riddle. I cannot say that, it may be occasioned by other things, such as playing at cricket, jumping, or drinking water when they are warm .

Q. Was there any mortification ?

Riddle. There was something of it, the intestines looked a little livid; knowing what had happened made me more careful to examine the outward part.

Q. Can you say that his death was occasioned by the blow or kicks that the deceased received?

Riddle . I cannot say so.

Q. Have you any reason to think so?

Riddle . I cannot say I have. Acquitted of both indictments. The Jury found that the deceased died a natural death .

332. + Elizabeth Turner , of St. Giles's in the Fields , was indicted for stealing a silver watch, value 3 l. the goods of Samuel Tuck , privately from his person , May 15 .

Samuel Tuck . On the 15th of May I was walking in Covent Garden Piazzas , and was enticed by a couple of young women to go to a house in St. Giles's about ten o'clock at night. As soon as I got into the room the two women and I had a glass of gin ; when we had drank that the two women fell upon me, and took my silver buckles out of my shoes.

Q. Was the Prisoner one of the two women?

Tuck . I saw her in the house, but she was not one of the two women. When they had taken my buckles they left me in the room by myself, then I went out of the house with a design to go home about my business; as soon as I came out the Prisoner at the bar followed me, came unawares behind me, and tore my watch out by main force through the waistband of my breeches.

Q. Why did not you prevent her doing it?

Tuck . Because I was by myself, and she came unawares upon me. I turned round, and saw the watch in her hand, and she went into the house she came out of.

Q. Did you feel the watch taken out of your pocket?

Tuck. I felt the watch going. I turned round and saw it in her hand.

Q. So you did not secure her?

Tuck. No; I did not.

Q. Was you at that time perfectly sober?

Tuck . I was sober when I came into their company, I had been drinking a dram or two with them - I was not so much out of my senses, but I could remember very well what I did.

Q. Did you drink any thing before you went there?

Tuck. I drank one dram before.

Prisoner. He had a warrant against the other two women.

Tuck . I had a warrant to take the two women; I at first learned the name of one of them, but the name of the other I could not learn.

Q. What did you charge the other women with? Did you charge them with taking your watch as well as your buckles?

Tuck . No; only with taking the buckles; the Prisoner's name was in the warrant, but it was only for taking the watch.

Q. Why did you secure the Prisoner then?

Tuck . I secured her the next day.

Jury. Why did not you secure her then, you might have run after her and taken her?

Tuck . I was afraid of having my brains knocked out.

Jury. You don't say there were any men in the house; did you see any men there?

Tuck . No; I did not see any.

Jury. It is not probable that these people should take his buckles out of his shoes, and leave a watch in his pocket.

Prisoner. The Prosecutor came th e next day to search for a watch; I stood with my back to the window, he said he saw nobody that he knew; the Constable asked him whether he could swear to any body, at last he laid his hand upon my shoulder, and said, you are the woman that robbed me of my watch; and Mr. Waters made answer, and said, I must take charge of you, and I went down to the watch-house with them. I never set eyes on him before, and I did not know him again when I saw him.

Mary Durham . I have known the Prisoner five or six years, and know her to be a hard working person. I live in the same house where she did, the Prisoner was fast asleep by the fire side when the Prosecutor came in with the two women. I heard him cry he was robbed, and I saw one of those creatures run through the coach yard about eight or nine doors lower, one ran after her, and cried, Bess Smith , why don't you come back, (they are both of them by New-Goal now.) I will take my oath to both of them by their faces, and to one of them by her shape, she is crooked.

Q. You say you were in the house after these women run out; did you continue in the house yourself?

Durham . No; I went out and sat upon the steps.

Q. Did the Prisoner go out?

Durham. No; she was sitting by the fire side.

Q. Should you have seen her go out, if she had gone out?

Durham. Yes.

Q. How long did you stay there?

Durham. I went up to bed three or four minutes after.

Q. If you went up to bed so soon, how do you know she did not go out?

Durham. I did not hear her stir afterwards, if she did go out it was unknown to me.

Mary Smith . I was servant to Mrs. Bradley in St. Giles's in the Fields. I saw two creatures with the Prosecutor, one of them held him fast against a wall, and Elizabeth Smith run away with his watch - Mary Mascall and Elizabeth Smith were the two persons; Mary Mascall said, by G - d I have got his buckles, and the other is run away with his watch; Smith took the watch, I saw the chain of it in her hand.

Q. Was it a silver or a gold watch?

Mary Smith . It was a silver watch, a middle sized watch.

Ann Spratt . I keep a publick house in Church Lane, I sat up that night for a man and his wife who lodged in my house: I heard some tongues talking, and went to the door, and there was one Elizabeth Smith on the left hand of this young man [the Prosecutor.]

Q. Can you remember him?

Spratt. Yes; I can - he stood with his back to me.

Q. What discourse was there?

Spratt. The discourse was this; he said let me feel; says Betty Smith , I thought you would lie here all night, and Smith said let me feel; she spoke in a vulgar way, and she said he should feel. He unbuttoned his breeches, and she took hold of his fob, and gave something a twitch, and whipped it away, but I cannot tell what it was. Mascall came in again, the watchman then went past eleven, and the Prosecutor said, are you the watchman? and he said, yes. Says he, I am robbed, and he mentioned a watch for one thing, and either buttons or buckles, I cannot tell which ; and I heard no more of it till Wednesday morning when the house was searched.

Hannah Battle . I happened to be standing at the door, and the last witness said that a young man and one of the women were gone up stairs; when the Constable came next day, he said to the Prosecutor, do you know any thing of that young woman [the Prisoner?] and he said, no. Said one of the gentlemen, you ought to be well horsewhipped. There are two women in the New Goal who he swore took his watch.

Tuck. I swore to the other two women who are in custody for taking my buckles.

Henry Townley . I had no warrant to take the Prisoner, I had a warrant to take two other women.

Q. Was Samuel Tuck with you?

Townley . Yes.

Q. Do you remember what Tuck said? Did he charge you with the Prisoner?

Townley. When he first saw her, he said she was not the woman - I am upon my oath, Sir.

Q. Was you afterwards present when he said she was the woman?

Townley. Yes - I was in the watch-house, the Prosecutor came in about one o'clock in the morning in liquor, and said he had been robbed. Mr. Waters was the constable of the night, and I am his headborough; three or four of us went that night into that street, and he did not know which was the house. He came at three or four o'clock that afternoon, and brought this warrant, and swore to three persons robbing him of his watch and buckles. I went to search for these women, (they lodged there then) and there was the Prisoner and three more women in the house; when I came into the ground room, I said to the Prosecutor, is ever an one of these women one of the persons that robbed you? Look and take notice of them; and he said never an one of those women robbed him. The Prisoner showed us into every room of the house, and when the Prosecutor was coming out of the house, he turned about, and said, this is the woman, and I will swear it.

John Waters . The night after Mr. Townley had the warrant, was my watch night; I saw Mr. Townley in the afternoon, says he, it is your watch night, there is a young fellow has lost his watch, and I cannot find the people; said he, will you take the warrant from me, and I said I would; but the young man came to the watch house and I gave Mr. Townley the warrant again, but he desired me to take a walk with him there; when I came there I saw the Prisoner, I had known her six or seven years; said I, Betty Turner , I have a suspicion of two people in your house having committed a robbery, and I am come to search (there were some other women there) the Prisoner took a candle and lighted us, and the Prosecutor said none of those persons were the women that robbed him; and as he was coming out of the house, he turned back again, and said, that is the woman, and I will swear to her. Acquitted .

333. Edmund Elgar , was indicted for that he on the fifth day of June, in the eighth year of his late Majesty, at London, to wit, in the parish of St. Andrew Holborn, did marry Mary Hills , Spinster, and her then and there had for his wife; and that he afterwards, to wit, on the 29th of January, in the 13th year of his present Majesty , with force and arms, in the parish of St. Benedict near Paul's Wharf , did marry, and to wife take one Priscilla Horrex , his said wife Mary being then living and in full life; and that he on the 4th day of June last was taken and arrested for the Felony aforesaid .

Mr. Hall. I am clerk of the parish of St. Andrew Holborn , this is the register book of marriages.

June 5, 1722. Edmund Elgar and Mary Hills both of this parish were married by publication.

Q. Is that all that is contained there?

Hall. Yes.

Q. Do you remember the marriage?

Hall. I know nothing of the matter, it was before my time.

Elizabeth Hills. - I am sister of Mary Hills.

Q. Was your sister married to the Prisoner at the bar? and did they cohabit together as man and wife?

Hills . I was not present at the marriage, but they cohabited together as man and wife.

Q. How long did they cohabit together as man and wife?

Hills. Between four and five years.

Council. Did you frequently visit them?

Hills. Yes; almost every day.

Council. Where did they cohabit together?

Hills. In Harrow Alley in Whitechapel.

Council. Had he any children by her?

Hills. Yes; two girls; one died in the month, the other lived about two years - they were christened at Aldgate church.

Q. Were they christened as the children of the Prisoner and your sister Hills as man and wife.

Hills. I was not present at the christening.

Q. Did he acknowledge to you that she was his wife?

Hills. Yes.

Council. Did she go by his name?

Hills. Yes.

Council. Was it the general report that they were man and wife?

Hills. Yes.

Council. Have you heard him call her by his name?

Hills. Yes.

Council. Have you heard him call her his wife?

Hills. Yes.

Council. Did he treat that child as his lawful child?

Hills. Yes.

Prisoner. How came you to know the child lived two years?

Hills. It lived above two years.

Prisoner. Who nursed it?

Hills. My mother, and Mary, and your mother.

Prisoner. It was nursed in Whitechapel, it lived but nine months.

Q. Who nursed the child?

Hills. My mother helped to nurse it.

Council. Did you see your sister in 39 or 40.

Hills. In what 40?

Council. Is your sister dead?

Hills . Yes.

Council. How long has she been dead?

Hills . She died three years ago last Saturday . [that was on the 23d of June, 1741.]

Prisoner. Do you know how many husbands your sister had?

Hills . No.

Prisoner. Do you know whether she was married to any body else?

Hills. Yes; she was married to one John Norris .

Prisoner . How long was she married to him?

Hills . Indeed I can't tell you.

Prisoner. How long did they live as man and wife?

Hills. I cannot tell.

Prisoner . Did they live a year as man and wife?

Hills . Yes; above that.

Prisoner. Did they live two years?

Hills . Yes; I believe about three years.

Mary Taylsworth called.

Council. Did you know the Prisoner at the bar and his first wife?

Taylsworth. Yes.

Q. Did you know him when he lived with Mrs. Hills?

Taylsworth. Yes.

Q. Had he any children by her?

Taylsworth. Yes; he had two.

Q. Were they boys or girls?

Taylsworth. They were both girls.

Q. Are they living or dead?

Taylsworth . They are both dead.

Q. When did the last die?

Taylsworth. I cannot tell.

Q. How long is it ago since you saw Mrs. Mary Elgar the Prisoner's first wife?

Taylsworth. About three years.

Q. Did you frequently visit them?

Taylsworth . Yes.

Q. Did they always appear to be man and wife?

Taylsworth . Yes.

Q. Did he call her his wife, or consider her as his lawful wife?

Taylsworth. I never heard him say to the contrary.

Q. How long did they live together?

Taylsworth. About four or five years.

Q. How came they to live apart afterwards?

Taylsworth . I cannot tell.

Q. Did you know where she lived all this while?

Taylsworth . She lived in Harrow-alley .

Q. Where did he live?

Taylsworth . I can't tell where he lived; he lived sometimes in one place and sometimes in another?

Prisoner. Do you know of her going away along with another man?

Taylsworth . No, I don't know that; I know you used her very ill.

Q. Did you never hear that she was married to another man?

Taylsworth. Yes, I heard she was, after the Prisoner used and abused her so barbarously.

Jane Smith . I knew the Prisoner's first wife many years before she was married, and after she was married to the Prisoner.

Council. Where did they live?

Smith . They lived in Harrow-alley .

Q. Did you visit them often ?

Smith. I did while I lived there. I moved a great way off and then I heard but little of them.

Q. Did they appear to be man and wife ?

Smith . Yes.

Q. How many children had they?

Smith. They had two.

Q. Were you present at the Christening?

Smith. I was not at the baptism of the children.

Q. Did you take them to be his lawful issue?

Smith. Yes.

Q. How long did they cohabit as man and wife?

Smith. To the best of my knowledge four or five years.

Q. Do you know the reason of their parting?

Smith . His keeping company I believe.

John Wills produced the register of marriage of St. Bennet's Paul's Wharf, and reads, January 29, 1739-40.

The Prisoner interrupted him and said, I do admit of the marriage, I am not guilty. I will leave it to the Court.

N. B. The stature says, if any person within his Majesty's dominions shall marry another wife, his former wife being alive, shall be guilty of felony. Then it is provided, that this act shall not extend to those who shall be beyond the seas for seven years together, or who whether husband or wife shall absent themselves from one another for the space of seven years, one of the persons not knowing the other to be living at the same time.

Taylsworth. And please you, my Lord, they knew one another were alive very well; Mr. Elgar was a drover, they met together and saw one another.

Q. Did they eat and drink together?

Taylsworth . I don't know that, I saw them together about half a year before her death. Acquitted .

334. Francis Whiting , of St. Andrew Holbourn , was indicted for receiving a parcel of razors, penknives, buckles, and other hardware knowing them to be stolen, of James* Haycraft , Samuel Smytheman , and Elizabeth Eaton , which they were last Sessions convicted of stealing .

* See Page 116. Trials 252, 253, 254, 255. Ann Haycraft was tried and acquitted, and kept in custody to be evidence against the Prisoner.

Ann Griffiths . I was called up the sixth of April last at 5 o'clock in the morning, and found my shop window broke open, and a great many of my goods gone, razors, buckles, and penknives, &c. the persons that stole them were tried last sessions.

Q. Whose goods were they?

Griffiths. My own. I had a suspicion of Haycraft, &c. I went and searched their lodging, and found some of my goods upon James Haycraft , Ann Haycraft , Samuel Smytheman , and Elizabeth Eaton , and they said they had sold the rest to that Gentleman that stands there [the Prisoner;] he lived in Holbourn, we got a search warrant, and I found some of my goods in his shew glass. I asked, him how he came by them? He said he had bought them fairly and honestly.

Q. Did he tell you who he bought them of?

Griffiths. I believe he did tell me the name of the person, he said he bought them of the workman.

Q. Did he make any hesitation of owning that he bought them?

Griffiths. No.

Ann Haycraft , called.

Q. What have you to say against the Prisoner?

Haycraft. I have nothing to say against him. I never saw the man in my life before we sold him the things. - Elizabeth Eaton and I were going down Holbourn, and offered the things to the Prisoner to sell. Smytheman and my husband asked him to buy a knife, the things were done up in 4 parcels - There was a razor, and I believe 5 or 6 pair of white metal buckles; I don't believe there were more, and some other odd things; they were done up in a bit of a rag.

Q. Were they new things?

Haycraft. They were rusty.

Q. Did they appear to have been used?

Haycraft. Yes, they had been cleaned up several times.

Q. Were your companions in ragged cloths?

Haycraft. Yes - he said he did not care to buy such things, for he always bought them wholesale.

Q. How came he to buy them at last?

Haycraft. They egged him on, so that they would force him to buy them, and he was willing to buy a bargain if he could, for he might as well buy them as another.

Q. What business was your husband?

Haycraft. He was a Chimney-sweeper.

Q. Was he in a Chimney-sweeper's habit then?

Haycraft. Yes - Smytheman was in a Chimney-sweeper's habit.

Council. I understand at first he was unwilling to buy these goods; did not he ask them how they came by them?

Haycraft. Yes; and Smytheman said he had them of an acquaintance of his - he did not say how he came by them.

Q. Did he say he got them from a workman in that way?

Haycraft. No.

Prisoner. I bought these goods of them in a publick house in a publick company, and after I had bought them, put them into my show-glass directly - it was about 4 o'clock in the afternoon.

Haycraft. We went to his shop first, and then to an alehouse and had a pot of beer.

Matth. Hebbert. I was a Mercer in Ludgate-street, the Prisoner was my footman about 2 years, he went from me and I took him again; I believe he is as honest a fellow as any in England.

Samuel Fisher . I have known him ever since he was born, he has a very honest character.

Q. Do you think he would buy goods knowing them to be stolen?

Fisher. No to be sure.

George Hatsell . I have known him 2 years, he lodged at my house at the time he was taken up. I took him to be a very honest man, his wife is at my house now.

John Carter and - Smith have known him about a two years, and gave him the character of an honest, industrious, inoffensive man, and always behaved well. Acquitted .

335. + James Gulleland , late of the Precinct of St. Catharine's , in the County of Middlesex, Slopseller , was indicted for that he after the 24th day of June in the year of our Lord 1736, to wit, on the 4th day of May in the 15th year of the reign of our Sovereign Lord George the IId , now King of Great-Britain, &c. with force and arms at London, to wit, in the Parish of St. Bennet Paul's Wharf , in the Ward of Castle-Baynard in London, falsely and feloniously, did utter and publish as true, a certain false, forged, and counterfeited paper writing or instrument, partly printed and partly written, sealed, purporting to be the last will and testament of Robert Callaway , deceased, with a counterfeit mark thereunto subscribed, purporting to be the mark of Robert Callaway deceased, and to have been signed, sealed, published and declared, by the said Robert Callaway , as and for his last will and testament, in the presence of Henry Dashwood and George Mauldin , in which said paper writing, or instrument, partly printed and partly written, are contained the words and abbreviations of the words and figures following, that is to say,'' In the name of God, Amen, I Robert Callaway , '' belonging to his Majesty's ship the Hector '' at Spithead , being in bodily health, and of '' found and disposing mind and memory, and '' considering the perils of the seas, and other uncertainties '' of this transitory life do (for avoiding '' controversies after my decease) make, publish, '' and declare this to be my last will and testament, '' in manner and form following (that is to say) '' First, I recommend my soul to God that gave '' it, and my body to the earth or sea, as it shall '' please God to order, and as for and concerning '' all my worldly estate, I give, bequeath, and '' d ispose thereof as followeth (that is to say) Unto '' my dear beloved sister, Mary Callaway , and to her '' beirs for Ewer , wages, sum and sums of money, '' lands, tenements, good, chattels, and estate '' whatsoever, as shall be any ways due, owing, or '' belonging unto me at the time of my decease. '' I do give, devise and bequeath the same unto '' my dear beloved sister, Mary Callaway , to have '' all prise, short allowance, &c. &c. and I do '' hereby nominate and appoint, the said Mary Callaway '' to be my sole executrix of this my last will '' and testament, hereby revoking all former and '' other wills, testaments, and deeds of gift by me, '' at any time heretosore made, and I do ordain and '' testify these presents to stand, and be for, and as '' my only last will and testament.'' In witness whereof to this my said will, I '' have set my hand and seal the ninth day of June, '' in the year of our Lord one thousand seven hundred '' and thirty eight, and in the Eleventh year '' of his Majesty King George the Second, over '' Great-Britain, &c.his '' Robert [ ] Callaway. mark.'' Signed, sealed, published, '' and declared, in the presence '' of,'' Henry Dashwood , '' George Mauldin .''With intent to defraud our said Lord the King , against the form of the statute, in such case made and provided, and against the peace of the King, his crown and dignity .

He was also indicted for uttering and publishing this will, knowing it to be false, forged and counterfeited .

There is another count in the indictment, in which the will is described more generally, and is not laid to be in the words and abbreviations of words and figures following.

George Purvis . I am a clerk in the ticket office.

Council. Do you know whether Robert Callaway belonged to the Hector?

Purvis. There was one Robert Callaway belonged to the Hector, he entered the 24th of February 1739, and died the 18th of September 1741, there was 22 l. 12 s. 9 d. due to him at the time of his death.

Francis Sherlock . - I know the Prisoner very well: I have been acquainted with him almost 4 years.

Council. Do you know what passed between the Prisoner and you with respect to one Callaway?

Sherlock. Yes, Robert Callaway . In March 1742, the Prisoner sent one William Buck to me.

Q. Do you mean 1741-2, or 1742?

Sherlock. It was two years ago last March; this Buck kept the Artichoke in Ratcliff Highway , he said he had got the name of a person who was dead on board the Hector man of war; I asked him how he came to find the name out? He said there was a man discharged at Virginia who used his house, who told him his name was Thomas Callaway . Upon that this Buck and I forget a will, he bought a will that was half printed, and I filled it up. Buck went as the chief creditor.

Council. Come to this particular fact.

Sherlock. This brings it down. After I had filled it up I put a mark and a seal to it, and I put a mark for Thomas Callaway , but that will was not proved; for I went to the ticket office, and they told me there was no such man in the ship. I dropped it for that time, in about two months time, the Prisoner at the bar came to my house at Tower-ditch, and told me the Hector was arrived at Deptford, and said, if I would go down with him we should find out the right name: the next day being Sunday about 9 o'clock in the morning we went to Deptford, and found out where some of the Hector's ship's company were; the Prisoner asked the Carpenter's mate whether there was not one Thomas Callaway on board? He answered there was no such man, he said there was one Bob Callaway , who was killed by the strap of the viol* block giving way; the Carpenter's mate enquired why he asked? He said he had a letter from one of Callaway's friends in the Isle of Man; then the Prisoner told me Robert is the right name. I went on shore to dine, and said to one of the ship's company, Brother, had not you one Bob Callaway on board, who died by the viol block giving way? He said yes, poor young fellow, I am sorry for him. I asked him if he had made a will? He said he made none to his knowledge, for he was killed suddenly. Then we came to the Prisoner's house in Ratcliff Highway and consulted about forging the will of Robert Callaway ; the next morning , the Prisoner at the bar, and I, met in Bridges-street , Covent Garden, at one Tease's +, and one Mary Ogden was there, who I thought was a proper person to do the business. I asked her whether she would personate the sister of a young fellow that was dead; I would not put her for the wife, because he was not above 21 years of age when he died; and he had been out a great while: she said she would if she was well paid for it; I asked her what she would have? She said she would have penny for penny.

* Viol, when a three stroud rope is bound fast with nippers to the cable, and brought to the jeer capstan for the better weighing of the anchor.

+ Sherlock was evidence against Jane Tease , who was tried last sessions for uttering and publishing a forged will. Page 133, Trial 276.

Q. Did the Prisoner hear this?

Sherlock. He might if he would, for he was just by; then I went to the Prisoner, and told him she would do it, and what she would have. He said, I don't know how that is, it is too much; then the Prisoner said to her, young woman, you shall be very well paid for your trouble if you do it. - He said it was only telling a lie, and she would be very well paid for it, it was only a form. Then I asked Tease for a pen and ink, and he went and got it; I had a couple of blank wills in my pocket, I asked for a private place, and he bid me go up stairs. - I went up, and left Buck and the Prisoner at the bar. I filled up the will of Robert Callaway to his sister Mary Callaway ; Buck signed the name of one of the witnesses, and I the other, and the Prisoner at the bar made the mark for Callaway's name. - I think he made 5 or 6 scratches for his mark, and I wrote these words, the mark of Robert Callaway . The Prisoner writes a very bad hand - we never let any body see any thing done, but those who are concerned in the forgery.

Q. Do you know the names of the witnesses?

Sherlock . I can't say positively, 'tis 2 years ago.

Q. Are they fictitious names?

Sherlock. They are fictitious names I'm sure; I always put fictitious names.

[The will was produced and shewn to him.]

Sherlock. These are the names, Henry Dashwood is my writing, and George Mauldin is Buck's writing, then we dried it by the fun, and sent for a pot of beer, the Prisoner at the bar drank some of the beer and spurted it upon the will to make it look old, and put it upon the window to dry; he said it would be dry in half an hour, and he would have sent the woman to prove it. I said I was sure it would not do that night, so we agreed to let it alone till next day - the Prisoner did not write any of the letters, he did nothing but make the mark. I kept the will till the next day - to the best of my knowledge I kept the will, I am almost sure I did; the next day the Prisoner and I went to the house again to meet Mary Ogden as we had appointed: I read the will to her, and then we came with the Prisoner to St. Paul's Church-yard.

Q. Was the Prisoner by when the will was read to her?

Sherlock. He was standing close by me, the Prisoner was to shew her the way to Mr. Lee the Proctor's, and I was to go to the Sangree house in St. Paul's Church-yard to wait; he did shew her the way to Mr. Lee's, and came back to me; in about an hour or three quarters of an hour, Mary Ogden returned to us, and told us the probate of that will would be ready about 11 o'clock the next morning; we all three appointed to meet at the Horseshoe in Blowbladder-street the next day, and we went there about that time, and Mary Ogden went to the Commons (as they told me) and brought the probate to me; she said she had paid for the probate, and that it cost a matter of 31 s. because it was for 2 sister. Then we all three went to the Navy-Office, the Prisoner and Mary Ogden went in, and I staid without, and in a very little time they brought out the ticket; then we went to Mr. Henshaw's office on Tower-Hill, and they wanted to sell it, but there being some deflection [defect] in the will, it would not pass there - for the will bore date several months before he went on board the Hector .

Council. It appears by the books of the Navy that he went on board the Hector in 1739, and the will is dated in 1738.

Q. Was you told that it was wrong, or did you know it yourself?

Sherlock. The Prisoner shewed it me, and asked me how I could make such blunders, and I saw plainly afterwards that it was wrong when I compared it with the ticket. Mr. Henshaw sent for the Purser of the ship, and asked if he knew Callaway's sister? He said he did not know his sister, but knew nothing to the contrary but that it was his will. Mr. Henshaw said if she would go to the Pay-Office in Broad-street, where the ship was paying, and get the first payment, he would discount the remainder; (that was what the Prisoner and Ogden said to me when they came out) then the Prisoner cursed and swore at me, and Ogden said if she did not get the money for her trouble, she would go to the office where she got the ticket and deliver it up again. The Prisoner took the probate and I took the ticket, because I remember we did not care to trust one another; we appointed to meet next day at Tower-ditch, this Mary Ogden came and a young man with her. I went to the Prisoner's house, and said, what have you a mind to do with this ticket? He said, never fear, we will get it sold; the Prisoner and I went directly and had a bill of sale made, I think it was to one Mr. Tarver by Ratcliff-cross, we went to Mr. Tarver's house and shewed him the ticket, and got a note on Alderman Hankey, we got the money mostly in Portugal gold.

Council. How much money did you receive?

Sherlock. I know there was above 20 l. it might be 25 or 26 l. for I know we divided above 20 l. and he took 4 s. or 4 s. 6 d. in the pound. - Mr. Tarver gave Gulleland a draught for 20 l. and upwards.

Q. Did Tarver give you a draught on Alderman Hankey?

Sherlock. Yes, Mr. Tarver would do such a thing for the Prisoner at any time, he would have trusted him with 50 l.

Q. Where was the bill of sale made?

Sherlock. It was made at the office in Brichin-lane ; the Prisoner and I went directly to Towerditch where we had left Mary Ogden and the young man waiting for us, and went to the seven Stars or fourteen stars in Rosemary-lane, I can't tell which (for there are both those signs there) then the Prisoner gave her the ticket for her to put her name to it, and she said if you don't pay me for it, you shall not have it any more; then he held the money in one hand and the probate in the other, and he said (holding out two moidores and a guinea to her) here is the money for you.

Q. Did she sign it before she made this demand or after?

Sherlock. It was after; she made her mark and then the Prisoner gave her two moidores and a guinea, and the Prisoner took the paper to himself and she made a great noise because she had not more; that Money was to be between her and a young fellow that used to wait on her. Then the Prisoner and I went to Goodman's-fields to settle our affairs, and there we had 2 chickens and asparagus, and two bottles of wine. I asked the Prisoner how it was to be ordered? He said he had had a great deal of trouble about it, and advanced the money; so I had 4 or 5 moidores for my share, and we paid 8 s. for the reckoning; after that he said, there is an Attorney at law by Moorfields who has got a bond of mine and he threatens to run me to an execution, if you will go along with me, I will go and pay him the money; I went with him into Moorfields, and he paid the Attorney four or five moidores before my face, and the Attorney delivered up the bond. - It was somewhere by Moorfields, I can't tell the name of the place.

Prisoner's Council. What account was the bond upon?

Sherlock. I don't know what account, he said he was threatened with an execution about it - this was all in May 1742 - there were two or three people came to me to New Prison to ask me to make a deflection in my evidence - one Hart who is a publican in St. Catharine's came to me and said, if I would make a deflection in my evidence, he would give me 12 guineas, and would get it out of Gulleland , and he said if I did not find the bill, I should have the money directly.

Prisoner's Council. You say you had two chickens and asparagus, and two bottles of wine, and all for 8 s - if the rest of your account is as true as this, 'tis a very good one.

Sherlock. I think it was the Green Man that we went to, to the best of my knowledge the reckoning came to 8 or 9 s.

Council. I suppose you had some strong beer too?

Sherlock. I don't know but we might.

[Then the will was read as it is set forth in the indictment.]

Mary Ogden sworn.

Ogden . I have known him about two years. Between Easter and Whitsontide I think, about two years ago, the Prisoner and this rogue [pointing to Sherlock ] told me I was to do something for them, and it was only to tell a lie; they gave me a letter, and I was to go with a will.

Council - Who gave you the letter?

Ogden . Gulleland did.

Council. What was the letter given you for?

Ogden . I was to give the letter to somebody in Doctor's Commons. Gulleland went with me and shewed me the door, and I had a will, which I gave to the gentleman.

Council. Should you know it again if you were to see it?

Ogden. I don't know that I should know it, I never saw one before, and I hope I never shall again: after they had done it, they spurted beer upon it.

Council. Who did?

Ogden. Gulleland did.

Council. Did you go to Mr. Lee's?

Ogden. Not the same day it was filled up. Gulleland wanted to go the same day, but this fellow Sherlock would not let him; and they said if I was asked whether I was the sister of Robert Callaway , I was to say, yes; and if they asked whether my name was Mary Callaway , to say, yes.

Council. Where is Mr. Lee's house?

Ogden. It is by a tavern, the sign of a head in the Commons, and then he gave me the will.

Council. Who gave you the will?

Ogden. The Prisoner, he knows it, he will not deny it, I know he will not tell a lie.

Council. What sort of a man is Mr. Lee?

Ogden. I believe he was a man, a little round shoulder'd.

Council. Where did you go then?

Ogden. He took me to a handsom man, he had a gown upon him like you, a very fresh handsom man, and he handed me a book, I don't know what he said, and he gave that gentleman a shilling. I left Mr. Lee after I had delivered him the will; he gave his service to Mr. Gulleland, and bid me come the next morning about eleven of the clock; then I went to these honest gentlemen [pointing to Sherlock and Gulleland] where they ordered me to come to them, and I met them the next day in Blowbladder Street, and afterwards I went with this Sherlock to a coffee-house in St. Paul's Church Yard, and Gulleland and I went to Mr. Lee's and got the Administration, and paid for it: Mr. Gulleland, did not you pay for it? he will not deny it.

Council. To whom was the probate of the will given?

Ogden . It was given to Mr. Gulleland, he knows it was; then we went to the Ticket Office , and he sent a little boy in to see if Mr. Purvis the ticket clerk was in the way. [It was not you, Sir, it was another little man, speaking to Mr. Bentham.] I went into the ticket office, and they staid till I got the ticket, then I went out and gave it Gulleland, for they would not trust me with it, and you never saw such work, fighting and quarrelling, and Sherlock said to the Prisoner, You shall have the sheep skin, and the Prisoner said, You shall have the other. Did not you say so? [speaking to Sherlock] the parchment he called the sheep skin.

Council. Did not you ask Gulleland for some money?

Ogden. Not that night, it was late before we parted, I believe it was six o'clock before we got the ticket; they were didling and dadling backward and forward till it was too late to go to Mr. Henshaw's. Gulleland said in the Ticket Office , Mrs. Callaway, the Hector will be paid to morrow; I thought he was going to call me by my own name. The next morning we went to Mr. Henshaw's , and he sent for the purser of the ship, and asked him if he knew Robert Callaway ; says he, here's a ticket, it mentions him as belonging to the Hector: the purser said he knew the man right well. Mr. Henshaw asked him if he had made any other will, he said he did not know that he had. Mr. Henshaw said, well Mrs. Callaway, go to the Pay Office in Broad Street, and get what money is due to you, and then come to me. I said to Gulleland, how can I go there to face so many men as the whole ship's crew? I said I would not do it, I would carry it to the gentleman that gave it me, and really I did not think there had been any harm in it till I handled the book, and they know I would not do such a wicked thing if I had known it: they were afraid I should go to Mr. Henshaw and discover it; one was worth money, and did not care to be exposed; and as to the other, he did not care to go to a goal, but he is not afraid of scandal, for I believe he is pretty good proof against that: as I had done it, I thought I might as well have something as nothing, and I said, I would not sign it till I had the money.

Q. Did you sign it before you had the money?

Ogden. I don't know whether I signed it before I had the money or not.

Q. How much money had you?

Ogden. I had two moidores and a guinea.

Q. Who proposed this to you?

Ogden. Both of them, but Sherlock spirited me most to it.

Q. Who proposed it first to you?

Ogden. Really I can't tell; Gulleland said that Callaway belonged to the Isle of Man .

Q. Did you say nothing about what money you was to have?

Ogden. I said I would have as much as they, and I thought it reasonable I should, I thought I ought to have as much for my lie, as they had for their's, as we were all liars alike.

Q. Did not you know that you took an oath?

Ogden. The Court was sitting and there was a great noise, I could not tell what I did.

Q. Can you read?

Ogden. Yes, I can read print.

Q. Do you know one Mcdonald a Taylor?

Ogden. I don't know such a man in the world.

Q. Nor you never was at Gulleland's house?

Ogden. I never was in his house in my life time.

Mr. Lee sworn.

Council. Do you know the Prisoner at the bar?

Lee. Yes.

Q. Had you any letter from him in 1742?

Lee. I received a letter from him in 1742, signed James Gulleland - I never saw him write.

Mr. Parr sworn.

[The letter was shewn to him.]

Q. Do you believe that to be Gulleland's hand writing?

Parr. I do believe it is; this is some of his writing [Mr. Parr compared it with another letter of Gulleland's] I have seen him write - Nothing is more like.

Q. Do you know that woman?

Lee. I can't pretend to say I know her face. - I don't know who took out the probate - I don't know who paid for it.

Mr. Gulleland's letter to Mr. Lee was produced and read, wherein he desires him to make a strict search in both offices, whether there is any probate taken out, or any caveat entered against the will of Robert Callaway , and if there's nothing done in it to let the bearer prove the will, and he would pay him when it is done.

George Purvis sworn.

Council. Do you know any thing of delivering a ticket to the executrix of Robert Callaway ?

Purvis . If I see the ticket I shall know if I delivered it - this is of my delivering, it is for 22 l. 12 s. 9 d.

Council. Is it not possible for you to recollect the person you gave it to?

Purvis. I don't say 'tis never possible to remember a person's face, but 'tis v ery improbable.

William Tarver sworn .

Council. Do you know the Prisoner?

Tarver. Yes.

Q. Is he any relation of yours?

Tarver . No, he is something related to my wife.

Q. The witness said that you would trust the Prisoner with a large sum of money?

Tarver . I have trusted him with money.

Q. Do you know any thing of selling a ticket for the payment of the wages owing to Robert Callaway on board the Hector?

Tarver . Yes, I remember it very well.

Q. Do you know how much the ticket was for?

Tarver. Yes, I received 22 l. 12 s. 6 d. upon it.

Q. Did you give the Prisoner a draught for this money on Alderman Hankey?

Tarver. No, I gave him the money, I gave him no draught: I did upon another ticket give him a draught, but I did not give him a draught for this; that which I gave him the draught for, was upon a ticket relating to a trial last Sessions. I gave him then 25 l. 10 s.

Q. Who did you pay the money to?

Tarver. To Gulleland , I saw nobody else. - I paid Gulleland 20 l. 11 s. for it, the ticket was made out for 22 l. 12 s. 9 d.

Sherlock. Ask him, my Lord, whether I can't tell any remarkable place in his house, and what pictures are there.

Prisoner's Council. You will hardly see your own picture hanged.

Prisoner's Council. When you paid the money for the ticket, was the bill of sale filled up?

Tarver. The bill of sale and every thing was ready.

Q. Had you any thing besides the ticket delivered to you when you paid the money?

Tarver. I had all the papers, and the parchment too?

Council. What ticket was that you gave him the 25 l. 10 s. upon?

Tarver. It was the assignment of Donald Mcdonald's ticket, June 2d, from Margaret Mcdonald .

Q. How long have you known Gulleland?

Tarver. I have known him ten or eleven years; I used to buy checks and other things of him for transportation.

Q. What is his character?

Tarver. I never heard any harm of him in my life.

Prisoner's Council. Do you think he would forge a will?

Tarver. I should think he was the most unlikely person in the world to do it.

Q. Have you had any other will from Gulleland?

Tarver . Yes.

Q. Was that a forged will?

Tarver . It is not right; I was half concerned in that, he had one half and I had the other.

Q. Have not you had another that was bad?

Tarver. I can't say I had not.

Prisoner's Council. Do you think he would be such a fool as to trust himself in the hands of an Irish woman, and Sherlock the witness?

Tarver. He came up from Portsmouth last sessions, I told him how things were; and I said, sure you are not such a villain as to put these things upon me, because I have faith in you? He said he knew no more of it than I did.

Prisoner's Council. I shall make no observations, we have contradicted Sherlock by what the last witness says, and the woman has positively swore she never was at Gulleland's house, and we can prove that she has.

Ogden. I never was there in my life.

Prisoner's Defence.

Samuel Little sworn.

Prisoner's Council. Did you ever see that woman at Gulleland's house?

Little. I can't be positive, I think I have.

Ogden. Look in my face and see whether you know me, and see your own conscience.

Q. Are you sure you have seen her there?

Little. Yes, she is the woman - I never did see her but once - The beginning of May was two years, Mr. Gulleland and I, and one Farrel were drinking a pot of beer, and this woman came in, says she, is Mr. Gulleland at home? Mr. Gulleland said yes, my name is James Gulleland ; says she Mr. Mcdonald the Taylor recommended me to you about his brother's will and powers, and desires you would let him have some money upon it. Says Gulleland, I don't know you, I will give you no money unless Mr. Mcdonald my Taylor comes; she went away and said, she would bring Mr. Mcdonald , and she brought him in a little time.

Ogden. He says he never saw me but once.

Little . Mr. Mcdonald desired he would let him have money upon it; Mr. Gulleland said he would write to his Proctor, and that was all one as if he had money upon it, and he sent Odgen with the letter. I was playing at skittles at Gulleland's, and she came back again and said, I have been at your Proctor's and left the letter, and he and she talked together in the ground.

Q. When was this conversation?

Little. Last May was twelve months *.

* Here he contradicts what he said before, and she said May was two years.

Q. How often have you seen her at Mr. Gulleland's ?

Little. Never but once.

Council. Did she go for the probate and bring it back the same day?

Little. Yes.

Council. That is enough.

John Gulleland sworn.

Council. Are you any relation to the Prisoner?

John Gulleland . I may be some far relation, I am of the name - I can't tell what relation I am to him, if I am any.

Q. Did you ever see that woman that gave evidence at Gulleland's house? [The witness paused a considerable time.]

Q. Recollect and be sure of what you say.

John Gulleland . About two years ago, I cannot say I can be positive to this woman.

Q. Do you remember any woman's coming with one Mr. Mcdonald ?

John Gulleland . Yes.

Q. Was Samuel Little there at that time?

John Gulleland . He was; there was a great society at Mr. Gulleland's door looking at something, this woman [Ogden] came and said, which of you gentlemen is Mr. Gulleland? I being of the name, said, Madam, my name is Gulleland: says she, Sir, I am recommended to you by Mr. Mcdonald the taylor to have your assistance to get my brother's wages. Madam, said I, I deal in no such thing, you must apply to the landlord of the house, he is the person you want, and she went in to the Prisoner, but I did not hear what she said first, for I did not go in directly; when I went in he was reading a paper.

Council. Was he reading a parchment?

Gulleland . He was reading a parchment, it was a will - I was not certain whether it was a will, or not.

Council. You say it was a parchment?

Gulleland. I don't know whether it was or not.

Mr. Gulleland wrote a letter, and sent her, as I suppose, to the Commons; she was gone about three hours or longer, and came back, and said, she had done the business she went about, and that the other might be done to morrow or next day - I live in London - I work at the King's Brewhouse - I am a miller - I have known Gulleland a great many years - I have known Little half a year, or thereabouts.

Council. You say you never saw Little till about half a year ago?

John Gulleland . No, Sir, Little is a ballast heaver - I can't tell what countryman he is - I am a north of Ireland man.

Mr. Ogan. I have known Gulleland six or seven years, he is a check weaver by trade; there was a warrant granted against him in March by Sir Thomas de Veil . I saw him about three weeks or a month ago, he was then carried before him by one Dovey a constable - he surrendered himself voluntarily to the Commissioners of the Navy, and they ordered him to be taken into custody.

Q. Did not he abscond?

Mr. Ogan. I don't know for what reason he should abscond - he was always reckoned a man of a fair character.

Prisoner's Council. You have given Gulleland a good character; what do you know of the character of Sherlock? but I will not ask you his character, for he has characterised himself already. - What occasion have you for a character against Sherlock, who would be guilty of murder, facrilege, or any thing?

Mr. Ryan (Solicitor to the Commissioners of the Navy.) There was a warrant granted by Sir Thomas de Veil , but they could not take him. About a month after, Gulleland came to my chambers, and said, his character was aspersed by Sherlock, and he had a mind to clear his character to the Commissioners of the Navy: the Commissioners said I should speak to Sherlock, and draw up any deposition he had against him. On Monday he came again, (Sherlock had sent me some accounts relating to Mcdonnah's will) The Commissioners were not willing to take him up upon the evidence of Sherlock alone. They examined the books, and found they agreed with the ticket, which he could not know without he had been concerned: they took time to consider of it, and then resolved to prosecute Gulleland.

Justice Richards. I have known the Prisoner about ten years, I never knew him charged with any crime or vice. His character is as good both in publick and private life as any ones; he is a sober, honest, modest man; I was surprized when I heard of this; I never was more deceived in the character of a man in my life if he is guilty of what is laid to his charge - he was a check weaver when first I knew him, but since he kept an alehouse, sold slops, and bought tickets - he has been a very good husband and a father, and kind to his wife's friends that wanted.

Mr. Shepphard. I have known the Prisoner ever since the year 1738. I always knew him to be just in his dealings; I should not have thought such a thing as this by any thing that I ever saw of him. Mr. Baker likewise appeared to his character. Robert Price said he always bore the character of an honest man. Thomas Allen said he was a man of a very good character, and had brought him some money from Portsmouth lately.

Austin Allen. I have known him eight or nine years, his character is that of a just, honest, and upright man. I have lived in Whitechappel parish fifteen years - 'tis his character in the parish, and all the parishes about it.

Cook. He bears a very good character, I have dealt with him, he is an honest worthy man as far as ever I saw.

William Snook . I have known him seven or eight years, I would have trusted him with an hundred pounds worth of goods; he is the last person I should think of to be guilty of any such thing.

William Cholmley . He kept ten or twelve looms at work for me several years, and was a pains taking man - I don't think he would be guilty of any thing that is bad.

James Masters and Tobias Corneck gave him the character of an honest man.

Thomas Little . I have known the Prisoner sixteen or seventeen years, I knew him before he came here - in the country of Downe in the kingdom of Ireland. Guilty , Death .

He was a second time indicted for forging and counterfeiting the aforesaid will of Robert Callaway .

He was a third time indicted for forging and counterfeiting the will of James Mcdonnah , late a mariner on board his Majesty's ship the Strafford, June 1st, in the 16th year of his Majesty's reign, in the parish of St. James's Clerkenwell .

There was another count in this indictment for uttering and publishing the will of James Mcdonnah knowing it to be false, forged, and counterfeited; but as he was convicted upon the first indictment, he was not tried upon these.

336. + Ann Brogdon , wife of Samuel Brogdon , late of London, labourer, was indicted for that she after the 24th day of June, 1736, to wit, on the 15th day of November, in the 17th year of the reign of our Sovereign Lord George the Second , &c. at London, that is to say, in the parish of St. Bennet's Paul's Wharf , &c. falsely and feloniously did utter and publish as true, a certain false, forged, and counterfeited paper writing, or instrument, partly printed and partly written, sealed, purporting to be the last will and testament of John Frail , deceased, and to have been signed, sealed, published, and declared, by the said John Frail , as and for his last will and testament: in which said paper writing, or instrument, partly printed, and partly written, are contained the words and abbreviations of words following; that is to say,' In the name of God, Amen. I John Frail , mariner, ' now belonging to the good Ship Sarah, being ' of sound and disposing mind and memory, ' do make and ordain this my last will and testament. ' First and principally I commend my soul ' into the hand of Almighty God, &c. and my ' body to the earth or sea as it shall please God, and ' as for such worldly estate and effects which I shall ' be possessed of or entitled unto at the time of my ' decease, I give and bequeath the same as followeth, ' That is to say, unto my dear beloved Sarah ' Frail, my just and lawful wife all such wages as ' shall become dew to me on board of the Sarah or ' other any ship in which I shall be employed; and ' I do hereby nominate, constitute, and appoint, the ' said Sarah Frail , executrix of this my last will ' and testament, and I do give and bequeath to ' my said executrix, all the rest, and residue of ' my estate whatsoever, both real and personal, ' hereby revoking and making void all other and ' former wills by me heretofore made, and do declare ' this to be my last will and testament. In witness ' whereof I have hereunto set my hand and ' seal, this 10th day of May, in the year of our ' Lord one thousand seven hundred and therty ' eight, and in the 11th year of the reign, &c.' Signed, sealed, published, and ' declared by the said John ' Frail, in the presence of us ' who have hereunto subscribed ' our names as witnesses, in ' the presence of the said ' Testator,' John Frail .' John Proctor , ' Thomas Mitchell .'With intent to defraud our said Lord the King, she the said Ann Brogdon , at the time of uttering and publishing the same, knowing it to be false, forged and counterfeited, against the form of the statute in such case made and provided, and against the peace of the King , his crown and dignity .

James Aickin . - I belong to the first regiment of guards, on the 15th of November last the Prisoner was at Sarah Lowther 's room in King's Head Court in Shoe-Lane. I saw Robert Rochead forge the will, he filled up the blanks, and put the name of John Frail at the bottom; he wrote the name of Thomas Mitchell , and I wrote the name of John Proctor ; it was done in the presence of the Prisoner, and Rochead gave it her to dry by the fire: she agreed to go and administer to it in the name of Sarah Frail. Rochead desired her to say, her husband belonged to a merchantman called the Sarah, and died on board the Garland man of war (she was to go to Mr. Major the Proctor) and he said, Ann will be a new face to him; I went with her to Mr. Major's and staid till she came out. On the 17th in the evening I went with her to get the probate, she brought it and a receipt for the money, signed Henry Major ; to the best of my remembrance it was 6 s. I went with her to the ticket office to get the ticket, the Gentleman desired her to shew him the administration, and asked her name, she said Sarah Frail , then said he, young woman your case is very frail, for a mess-mate of your husband's has received the wages some time ago. She pretended to be under a great concern and came home, so he said never mind it, for I have got another mark (that is a cant word we have for a forged will) and Sall (meaning Sarah Lowther ) shall go and do it to morrow; Sarah Lowther perfected that, and was convicted of it last Sessions*.

*See Page 135. Trial 277.

Lewis Morgan produced the will, which he proved to be taken out of the Bishop of London's office, which was read, and is as in the indictment.

Q. Is this the first time you have been concerned in any thing of this kind?

Aickin. No - I have been concerned 2 or 3 times - I believe 4 or 5 is the most - I am sure I have not six times.

Q. Can't you get up to six?

Aickin . That is not a fair question - I never was evidence but once, and that was against Sarah Lowther , who was convicted last Sessions.

Henry Major . This will was proved at my office, but I can't remember the person that came with it. The jurat is my clerk's writing, he got her sworn before Dr. Jenner .

Daniel King . I am Clerk to Mr. Major, on the 15th of November a person came with this will, and said she was the widow and sole executrix named in it. I wrote the jurat and had the person sworn - I think I have seen the Prisoner, but I can't take upon me to say that she is the person that proved this will.

Margaret Dillingham , Mary Munton , Winifred Prentice , and William Moore , knew her some years (she was born in the County of Tipperary ) and gave her a good character .

She was a 2d time indicted for uttering and publishing a forged and counterfeited will of James Gleeson, otherwise Glasson , but there being no other evidence against her but Sherlock , the Council for the prosecution would not examine him. Acquitted .

337. + Frances Stanton , was indicted for that she on the 13th of October 1741 , did utter and publish as true, a forged and counterfeited will of Michael Ryan , otherwise Ryant, wherein he gives and bequeaths to his sister Eleanor Walleis , all his estate both real and personal, and appoints her executrix of this his last will and testament, dated the 26th of March 1736, with a counterfeit mark of Michael Ryan thereunto subscribed , and said to be signed, sealed , published and declared, as and for his last will and testament, in the presence of Henry Farmer , Joseph Stones and John Davis .With intent to defraud our Sovereign Lord the King, she the said Francis Stanton at the same time of uttering and publishing the same knowing it to be false , forged, and counterfeited .

Edward Bentham . These are the books of the Torrington; there's one Michael Ryant entered as an able seaman on board the Torrington, March 14, 1738 9, and died October 13, 1740. there appears to be due to him 22 l . 17 s. 11 d.

Francis Sherlock . Robert Rochead came to me and told me the Torrington was come up, and there would be something worth picking up. We went on board, and one of the sailors said he had got a will of Michael Ryan 's, and it was hard he could not go to prove it. He shewed me the will, as soon as I had got the right name, Rochead said push away to the Navy Office, we will have the first blow. I went to the Prisoner's lodging (she had proved the will of one Adam Elviston belonging to the Windsor , and run away with the ticket, but I had a better look out now.)

Q. How often have you done this?

Sherlock. It is so often, that really I can't remember.

Q. Is it twenty times?

Sherlock. Yes.

Q. Is it forty times?

Sherlock. Yes; I believe more than that.

Q. Then you are v ery rich sure?

Sherlock. No, I am not, we had other people that run away with the profit; persons of rich and high hands run away with the profit. I asked the Prisoner whether she should personate the sister of Michael Ryan ; and she agreed to it. I took a will out of my pocket, and filled it up before her face, and read it over to her; I wrote the name of Farmer , and Rochead wrote the name of Stones ; I wrote the name of Ryan, and he made the mark: the name of Davis was wrote after, it is a different sort of ink.

Mr. Huntridge produced the will, and proved he had it out of the Prerogative Office: [ then the will was read.]

Sherlock. The Prisoner, Rochead, and I, went to the Commons, and she went to Mr. Alexander's , a proctor; she returned and said, she had proved the will, and the probate would be ready next morning. The next day I went, but we had no money to pay for the probate, and I desired Mr. Alexander to let his clerk go to the Navy Office to get the ticket: when we came there the name was Ryant upon the books, and the clerk would not deliver the ticket, because the probate was in the name of Ryan, but Mr. Alexander's clerk said he would get it done properly, and he got the words (otherwise Ryant) interlined. The next day we went again, the Prisoner, Rochead, and Mr. Alexander's clerk, went all in together, and brought out the ticket - I believe Mr. Alexander's clerk had a crown for his trouble. The Prisoner, Rochead , and the clerk, went to Mr. Parr's at the Blue Anchor in Crouched Friers , and the Prisoner could not remember the time of his entering on board, or the time of his death, or any thing. Mr. Parr said she was an impudent creature, and would have nothing to do with her; we were forced as we had no money to leave the probate and ticket with Mr. Alexander's clerk. We went to one Nicholas Hussey , who paid a guinea for it, and took it out of the clerk's hand. After the demur at Mr. Parr's we gave her fresh instructions, and she went through it very well, and it was sold to Mr. Coward Mr. Hexshaw's clerk, who discounted it for 2 s. or 2 s. 6 d. in the pound, and we had a draught upon Casewell and Mount. The Prisoner received the money, and kept back four guineas, I threw the rest down upon the table; I believe we did get another guinea from her; then we paid Hussey the guinea we borrowed, and a guinea for interest.

Mr. Alexander. The jurat is of my writing, but I can't remember the person of the Prisoner.

Mr. Purvis. I made out the ticket for the pay of Michael Ryan in the Torrington , but cannot remember the face of the Prisoner upon any particular occasion. Acquitted .

338. + Urling Cole , was indicted for stealing a gold chain and locket, value 4 l. and a ring, value 8 s. the goods of John Herlock , in his dwelling house , May 13 . Guilty of the Felony.

[Branding. See summary.]

339. Mary Oxford , was indicted for stealing five shirts, value 30 s. five lawn stocks, value 2 s. a pair of stockings , value 1 s. and a handkerchief, value 1 s. the goods of Eustace Amos , May 21 . Guilty .

[Transportation. See summary.]

340. William Gibbs , was indicted (together with John Cook not yet taken) for stealing a wooden punchion , value 7 s. the goods of James Smith , May 20 . Acquitted .

341, 342. Cheney Brownjohn , and Elizabeth Brownjohn his wife , were indicted for stealing a looking-glass , value 3 s. 6 d. a copper pot with a brass cover, value 7 s. a flaxen sheet, value 5 s. the goods of William Sherwood , in his lodging , the 6th of August last

They were a second time indicted for stealing six pewter plates, value 3 s. a calimanco petticoat, val. 3 s. &c . the goods of William Sherwood , August 6 . Cheney Brownjohn guilty of both indictments , Elizabeth Brownjohn acquitted .

[Transportation. See summary.]

343, 344. Alice Fordham , and Mary Swallow , were indicted for stealing six pewter plates, value 3 s. a brass pot lid, value 7 d. the goods of Benjamin Fielder , June 18 . Guilty 10 d.

Alice Fordham thanked Mr. Young the Constable, and said, she hoped he would give her six pence to drink his health when she was abroad.

[Transportation. See summary.]

345. William Brown , was indicted for stealing ten ounces and six drams of silk, value 12 s. the goods of William Hynes , April 9 . Acquitted .

346. Elizabeth Taylor , was indicted for stealing two pewter dishes, value 18 d. a pewter tankard, value 18 d. eleven pewter plates, &c . the goods of Thomas Adams , May 21 . Guilty 10 d.

[Whipping. See summary.]

347. Dorothy Allen , was indicted for stealing a man's hat, value 8 s. the goods of Peter Smith , May 14 . Guilty 10 d.

[Whipping. See summary.]

348. Ann Taylor , was indicted for stealing a quilted petticoat, value 5 s. the goods of Francis Butler , March 26 . Acquitted .

349. Christian Squires , wife of Benjamin Squires , late of London , mariner, was indicted for that she on the 30th day of December, in the 17th year of his Majesty's reign , at the parish church of St. Bennet's Paul's Wharf, London , personally appeared before Robert Chapman Doctor of Laws, and then and there alledged that Stephen Newen , late a midshipman of his Majesty's ship the Burford, died a batchelor at sea in February last intestate , without making any will , without either father or mother, and that she was the natural and lawful sister next of kin of the said deceased Stephen Newen , otherwise Newing : to the truth of which allegation she the said Christian the said 30th day of December was duly sworn before the said Dr. Chapman whereas in truth and in fact the said Christian never was the true and lawful sister of the said Stephen Newen , otherwise Newing, nor was she the next of kin of the said Stephen; by colour of which said false allegation so made and sworn on the 30th day of December, falsely, fraudulently, and deceitfully, did obtain letters of administration to be made to her by the name of Christian Squires , under the seal of the Prerogative Court of Canterbury , of the goods, chattels, &c. of the said Stephen, with intent fraudulently to receive the monies due from his Majesty to the said Stephen at the time of his death, (to wit, the sum of 10 l. and upwards) and thereby to defraud his Majesty of the said monies in contempt of our Lord the King and his laws, to the evil example of all others in the like case offending, and against the peace of our said Lord the King, his Crown and Dignity .

Edward Bentham . Stephen Newing [that was his right name,] was a midshipman on board the Burford , and entered the 12th of August, 1741, and died February 19, 1742. he was killed at La Guerra, there was due to him 10 l. 1 s. 11 d.

John Botterel . In December last the Prisoner came to me to take out administration to Stephen Newen , and said, that he died at sea without making a will, that he died a batchelor , without father or mother, that she was his natural and lawful sister, and next of kin, and that her husband Benjamin Squires was on board his Majesty's ship the Midway.

Robert Barrow . The Prisoner told me she was a poor woman, had a brother killed at La Guerra , and that she had not money to get a letter of administration. My wife advised me to pay for the administration, and said, if I did not do good in the world, I was not fit to live, so I sent her a guinea to do it. She went to the Navy Office in order to get a ticket for the wages, and was taken up by Mr. Walraven.

Cazia Newing . Stephen Newing was my own brother, he has a mother living at Margate in Kent - He has three sisters and a brother now living - The Prisoner is no kin at all.

John Walraven . On the 5th of January, Mrs. Cazia Newing came to me, she went to the Commons in order to administer, and upon examining the office she found there were letters of administration granted to the Prisoner, so I got her taken up. Guilty of this misdemeanor.

Fined one shilling , ordered six months imprisonment , and to stand on the Pillory for one hour in the most convenient place near the Navy Office .

350. John Hammand , of East Greenwich , in the County of Kent Brewer , was indicted for publishing a forged letter, knowing it to be forged. in order to defraud Nicholas Durant .

The Defendant was possessed of the Blue Anchor Brewhouse in Wapping, which Nicholas Durant had taken of him, but had given him notice that he should quit the same, which he accordingly did; upon which the Defendant in Trinity Term 1740, exhibited a bill of complaint in his Majesty's Court of Exchequer, against Nicholas Durant ; and this forged letter was published by the Defendant in that suit in the Court of Exchequer, which letter is as follows.

Mr. Hammand ,

Dec. 21, 1739.

' Sir, Mr. Simmonds not coming yesterday to ' take the lease of the Blue Anchor Brewhouse off ' my hand according to his promise, I therefore ' send you word by this, that I intend to hold the ' lease and premises for the term of years now to ' come, according to the agreement, so you need ' not come on Tuesday next to have the lease delivered, ' for I shall continue.

' To Mr. Hammand,

' Your humble Servant,

' Brewer at Greenwich , ' Kent.

' Nicholas Durant .'

He was found guilty of the indictment, sentenced to pay a fine of 6 s. 8 d. to suffer one month's imprisonment , and to stand on the Pillory at the end of Chancery-Lane in Fleet-street .

351. Elizabeth Nicholls was indicted for subornation of perjury , but the principal witness against her being described in the indictment by the name of Mary Tannatt , wife of Thomas Tannatt , and it appearing by her own evidence that she had information of the death of her husband , she could not be examined against the Prisoner, and she was thereupon acquitted .

Henry Cole , convicted last Sessions, was executed at Tyburn on Friday the 8th day of June. Thomas Wyton was to have been executed with him, but hanged himself in his cell the night before.

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

Received Sentence of Death, 4.

William Cox 322

Sarah Cox 323

James Gulleland 325

William Quarendon 310

Transportation for 14 Years 1

John Johnson 319

Transportation for 7 Years, 18.

Charles Billingsly 302

Mary Brown 304

Cheyney Brownjohn 341

Esther Buck 317

Mary Copeland 318

Catharine Dixon 299

James Everett 303

Alice Fordham 343

Catharine Haws 306

Mary Imbey 313

James Martin 315

Margaret Monroe 316

Mary Orford 339

Judith Seplon 297

Elizabeth Sullivan 298

Mary Swallow 344

Abraham Trotter 301

Edward Wandon otherwise Bannister.

309

Branded 6

Lydia Adler

Jane Ansley

Urling Cole

Thomas Parker 324

Richard Pindar 296

John Prentice 312

To be Whipt 5

Dorothy Allen 347

Hannah Beaumout 314

Mary Franks 307

Mary Gibson 327

Elizabeth Taylor 346

To stand on the Pillory 2

Christian Squires 349

John Hammond 350

Henry Cole , convicted last Sessions, was executed at Tyburn on Friday the 8th day of June. Thomas Wyton was to have been executed with him, but hanged himself in his cell the night before.