Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 April 2014), October 1744 (17441017).

Old Bailey Proceedings, 17th October 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 WEDNESDAY the 17th, THURSDAY the 18th, and FRIDAY the 19th, of October.

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

BEING THE Eighth SESSIONS in the MAYORALITY OF THE

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

NUMBER VIII.

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 LEE, Mr. Baron REYNOLDS , 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.

Lewis Jones .

Charles Chillingworth .

Simon Only .

George Wightman .

John Benson .

Francis Hutchins .

John Abbott .

John Ruffin .

John Frasier .

John Swift .

John Kirk .

Richard Pargiter .

Middlesex Jury.

Benjamin Timbrell .

John Luttman .

John Barlow .

Richard Norris .

William Perritt .

William Seacule .

William Frith .

Thomas Brooks .

Ernest Barnerd .

William Godfrey .

John Blakesley .

William Greening .

423, 424. + Elizabeth *Andrews , and Sarah Page , of St. Martin's in the Fields , were indicted for assaulting William Burton on the King's highway, putting him in fear, and taking from him a silver clasp for a stock, value 2 s. and a cambrick stock , value 6d. his property , Sept. 25 .

* Andrews said her name was Isabella Andrews.

William Burton . On the 25th of last month, between the hours of one and two at night, I was going to my lodging in Covent-Garden; but it raining very hard I was obliged to stand up, and got upon the steps of a night cellar in the Strand ; the woman of the cellar ( as I supposed her to be) asked me what I wanted? I said, I only stood up for the rain; but thinking she expected I should call for something, I said, bring me a pint of beer, and then I shall give you no offence: she would have pulled me down stairs, but I did not care to go down. The pint of beer was brought, I called a watchman and gave it to him, and he called a link-boy to drink with him, and asked me if I did not want a link. I said I did not want a link: the watchman said you are very safe, you may step down and stay till the rain is over. I believe I went down two or three steps, and staid about five minutes; I found the rain ceased, and went homeward. About three or four perch from the place I met the two Prisoners, and they said, Sir, where are you going? I said, I don't want any thing with you; they laid hold of me, and began to pull me and hustle me, and riot me to pieces; in the struggle I missed my stock and clasp, said I, You damned jades what do you rob me of my stock? For I missed my stock; but it is possible in the struggling with them that it might fall off, for it has fell off my neck two or three times as I have been at my work. - I missed it about three minutes after the struggle began; I put my hand up to my hat and wig to secure them, and called out watch, upon which Page run up an alley by Hungerford-Market, the watch and I followed her and took her, and Andrews was taken the next morning upon the steps of the Round-house in St. Martin's-Lane. - There was a Sailor with them but he got away.

Q. Did you find your stock and clasp again?

Eurlon . No, I never did; the next morning the Prisoners quarrelled among one another, one said you got it and you pledged it, one said she was innocent , and the other said she was innocent.

Prisoner Page . He said either Andrews or I took it, and then he charged Nan Roberts with it .

Burton . The other woman she speaks of was in company with them, but I could not swear that she touched me , so she was discharged before the Justice . - I am a servant at the Mows coffee-house, but my wife and I live in James Street Covent-Garden .

Prisoner Andrews . You said before the Justice, you could not charge me with it.

Burton . These are the women that hustled me. - They were not searched, the watchman said it would be to no purpose, for if they had it they had found means to convey it away.

Q. Was it a light or a dark night?

Burton . It was a cloudy night, but I am sure the Prisoners are the women. Acquitted .

425. John Skyrme , of St. Paul's Covent-Garden , was indicted for stealing a tweezer case with a pair of scissars, and a bodkin, value 20 s. and a gold ring, value 20 s. the goods of Adam Price , September 26 .

Adam Price . On the 6th of September my wife was coming to London in a one horse chaise , and the trunk in which these things were, was lost from behind the chaise between Coombs and Cavesham . I heard by a waggoner that there was a person who he saw follow the chaise, he described him, and by that means I found him out; he lodged at a Baker's in German-Street, and was taken there: the tweezer case and two rings were found in his pocket the 26th of September. He owned he cut the trunk from behind a one horse chaise; the trunk was found in a field afterwards, and the other things, gowns, wearing apparel, & c. were found by his direction in his box at Mr. Tims a Taylor's at Eaton. I heard by the waggoner that the Prisoner served three years to a Baker in Bristol.

John Coxell . Mr. Price sent for me when he took the Prisoner in German-Street, and he owned the goods Mr. Price spoke of were at Eaton; these two rings and tweezer case were taken out of his pocket, and he said they were taken out of the box that was left at Eaton. Guilty .

[Transportation. See summary.]

426, 427, 428. + Sarah Morris , Eleanor Simms , and Hannah Sears , of St. Martin's in the Fields , were indicted for assaulting Sarah , the wife of Jonath Reynolds , on the King's highway, in fear, and taking from her a gold ring, value 5 s. silver ring, value 6 d. two checquered aprons, a pair of rustles, 6 d. a hat, 2 d. a pocket, 2 d. a pocket apron, 2 d. and two shillings in money, the property of the said Jonathan Reynolds , September 20 .

Martha Terry . I keep a publick house in King street Westminster , on the 20th of September Sarah Reynolds (who is dead) called at my house between 3 and 4 in the afternoon, and said she was going to Billingsgate (she had lodged in my house a fortnight before, and a woman who then lodged at my house washed for her) she came to enquire for her aprons , and took them with her. Just before eleven at night , the three Prisoner came to the door and said they wanted a pint of hot, and it raining very hard I let them in, and they were very wet .

Q. Did you know any of them before?

Terry . I have known Sarah Morris and Hannah Seans from girls: the maid went to draw the Prisoner a pint of beer, and then they took out Sarah Reynolds 's hat and two coloured aprons; one of them had her hat, and each of them one of her aprons.

Q. Did you know them to be had women?

Terry. Yes, but not till after I had let them in; but I did not let them know I knew the things.

Jonathan Reynolds . My wife not coming home all night on the 20th of September, the next morning I went to Mrs. Terry's to enquire after her: Mrs. Terry asked me if my wife was not robbed the night before? I told her I could not tell. Mrs. Terry said she believed she was, because she saw the Prisoners that night at her house with some of her things, and that they had left a knife at her house, - that knife was my wife. They were taken up, and my wife's two checquered aprons were found in the room where they lodged, between the bed and the sackings I asked Morris where the aprons were, and she said Sears had them to wash. - My wife is dead, and according to all accounts she died about three quarters of an hour after this thing was done.

Anthony Read . I am a watchman by Charing-Cross. On the 20th of September last about eleven at night, I met a woman smoking her pipe, and she said, watchman, be so good as to go over the way, there's a poor woman fell down with her oisters. I went and found the unfortunate woman the deceased lying upon her back with her arms extended; some chairmen came to my assistance, and we helped the poor woman up to the side of the houses for fear she should be run over; I went to the Constable, and Beadle, and Regulator of the watch, and they came down, and a Doctor came to let her blood, but he said, You may as well cut her head off as let her blood, and she died presently; the last words I heard her say were, G - d d - n my bl - d I am a gentlewoman. - She had some oister shells and a couple of flaskets, but no oisters.

Q. Was the deceased in liquor when you found her?

Reed. Yes , and every body that saw her took her to be so.

George Stratford (Constable). The little one (I think 'tis Sears ) would have turned evidence, but the Justice would not let her, for he said they were all equally guilty: they all confessed the robbery, Morris d - d her eyes and asked what I did there, and said that Simms and Sears robbed the woman, and Sears said that she stood by while Simms and Morris robbed her; one of them said, What a fine ride we shall have, and another said, G - d d - n your eyes what do you laugh at.

Prisoner Morris. We found the things; I was coming along and kicked them before me, and never opened them till I came into Mrs. Terry's house, and there were several people there playing at cards.

Terry. I had no foul in the house but one man, and I was afraid to speak to them upon that account. Acquitted .

429. + Edward Young , of St. Vedast Foster-Lane , was indicted for breaking and entering the dwelling house of Thomas Burn in the day time, no person being therein, and stealing twenty two pewter plates, value 6 s. his property , August 20 .

- Burn. My band is sexton of Foster-Lane Church , I live in Dove-Court in Gutter-Lane , I went to church the 20th of August about six in the evening, and double locked my door, and at seven when prayers were over I returned home, but could not open the door, and found that something was the matter with the lock. I looked through the key hole and saw two men in the house, one of them was dressed in grey, the Prisoner is the other. They presently opened the door and rushed out of the house. I laid hold of the Prisoner by the breast of the coat and said, Sir, you shall tell me how you got into the house, for I have the key in my hand; the Prisoner got from me and run away. I went to the end of the court and cried stop thief! He fell down flat upon his breast in the lane, and got up again; the neighbours run after him and he was taken. - There was nobody in the house - The doors and windows were all secured when I went out, and when I came home the door was either locked or bolted on the inside.

Q. Was there any thing broke?

Burn. When I came in I found there had been a cupboard door broke open.

Q. How did the Prisoner get in?

Burn. He had two keys in his pocket, one of them unlocked the door as well as my own: when I came into the kitchen I saw there were twenty two plates which had been taken off the shelf, but they had not carried them off.

Prisoner. The door was open, there was neither lock, key, not bolt.

Sarah Nabbs . I live in the same court, my mother came home a little before seven o'clock in the evening, and could not open the door: she said, dear heart, I don't know what's the matter with the door, I can't get in; presently the door was opened, and the Prisoner and another man in grey brushed out; said I, mother, let us endeavour to take these people, for the man in grey came a little while ago to enquire for ready furnished lodgings, and I believe they are upon an ill design. - I said hold of the man in grey by the shirt collar, and my mother laid hold of the Prisoner but they got away: the Prisoner fell down at the corner of Gold-Street and went through the Half Moon Tavern passage: I cried, stop thief! and his coat caught hold of the hook of a door, and he was taken. They said, as he run along, he cried an arrest. - The Prisoner is one of the men who was in the house.

William Rogers . On the 20th of August I was charged with the Prisoner, and found these two keys in his pocket, one is a picklock key; the other, which is not a picklock, opened Mr. Burn's door very easily.

John Cook . I happened to see this fellow at the Justice's, and as soon as I saw him I knew him; he has the reputation of being a gambler and keeps a bawdy house.

Prisoner. Pray ask Mr. Burn whether he did not offer to make the thing up for a guinea?

Burn . How can you have the impudence to say so, I never offered any such thing.

Prisoner. I can prove where I was at that time, I had been at Mr. Stepples's at the Fountain in Cheapside, and went afterwards to the Horseshoe in Blowbladder-Street , with one who is in Court, who told me there was an action against me at the suit of one in Bread-Street for rent; there are a great many gentlemen here who I am sure know me. - I am an Upholsterer and Broker , and deal in the old way - The person who was along with me is run away.

Richard Lease . I have nothing to say for or against the Prisoner, only that I met him one evening about six o'clock to the best of my remembrance. - I believe it was the 20th of August, but I am not sure it was. - I told him there was an action of debt against him for rent; he desired I would go into the Horseshoe alehouse, and not talk of it in the street: we went in and he called for a tankard of beer, then a tall young man came in that the Prisoner called Captain, and he said let us be going for we shall be too late; if we don't go now we shall lose it: the Prisoner said, go by yourself, he went away, and in a little time returned, and then they both went away together.

George Lucas . I have known the Prisoner about 10 years, I am a Plaisterer and he is an Upholsterer, I have worked with him several times both in town and country, and never heard but that he was an honest man. - I don't know any thing to the contrary, but that he got his living honestly by his business.

Elizabeth Buckley . I have known the Prisoner six or seven years, he is an Upholsterer, he worked with me when I was a servant, and he had worked for me since I have been a wife, I never k any harm of him before.

Margaret Kempton . I have known him five years. - I am servant to one Mrs. Large a widow, he removed our furniture into Oxenden-street , I never heard any other but that he was a just honest young man, and my mistress has recommended him by his good behaviour to several other people.

Catharine Tiffin . I have known him a great many years, I knew him when he was an apprentice, and never heard any thing amiss of him. Guilty 4 s. 10 d.

[Transportation. See summary.]

430. Thomas Barker , of St. Stephen Coleman-street , was indicted for stealing three books, value 15 d. the goods of Thomas King , two ivory handled knives and forks, value 18 d. and an ivory handled penknife, value 12 d. the goods of persons unknown , October 11 .

Thomas King . Last Thursday about four o'clock in the afternoon I lost these three books from my shop window in Moorfields . - A man who sits at my door with fruit, told me the Prisoner had taken some books off my shop window; when I went to secure him he drew a knife at me and offered to stab me with it; the books were taken out of his bosom.

Alexander Henderson . I sell fruit just by Mr. King's shop; I saw the Prisoner lay himself over the shop window, and he seemed as if he had been a little in liquor. I did not much like him, so I watched him and saw him put two books into his bosom. I did not interrupt him at all, and presently he took a third and went away. Then I left my stall and took hold of him, and said he must come back with me. I carried him to Mr. King, and said, Mr. King, here's a customer for you, and took these three books from him: then he began to be very obstreperous and fell a beating me, but I did not mind that, for he had not strength enough to hurt me; and as I was going out of the shop he drew his knife to stab Mr. King: Then I went in again and he tried to bite me, and tried to bite every body; then we tied his arms, and he kicked like fury and swore most desperately, and said, You old rogue, if ever I am let loose again, I'll be the death of you and your wife too.

Q. How came you by these knives?

Henderson. I felt something about him, and took these knives out of his pocket; I searched him farther, and took 3 s. 6 d. and five pennyworth of halfpence out of his pocket, and then he cried he was robbed. Guilty 10 d.

[Transportation. See summary.]

431, 432, 433, 434, 435. + Thomas Wells , Theophilus Watson , Joshua Barnes , Thomas Kirby , and Ann Duck *, of St. James Clerkenwell , were indicted, (with Ann Collier not yet taken) for assaulting Alexander Forfar on the King's highway, putting him in fear, and taking from him a silk handkerchief, value 2 s. a powder horn, value 18 d. the goods of Alexander Forfar , and a pistol, value 21 s. the goods of Robert Montgomery , September 24 .

*She was tried in January sessions in the Mayoralty of Robert Willimott , Esq; for robbing William Cooper on the highway (near the Fleet-Market) of 35 s. and acquitted. Sce No. II. of the Sessions-Paper, Fol. 47. She was also tried in June sessions in the same Mayoralty, for robbing William Andrews of 11 s. and acquitted. See Sessions-Paper, No. VI. Fol. 185.

Alexander Forfar . I am a Headborough of St. James's Clerkenwell, and keep a publick house . On the 24th of last month between ten and eleven at night, Mr. Blewmire my Constable came to my house, and desired me to go with him to one Field's in Black-Boy-Alley , to take up two disorderly persons. - I don't know their names, there were six of us went together, but could not get entrance. We were afraid to break open the door, for some persons in Field's house held candles out of the window and showed cutlasses to us in order to terrify us, and threw brickbats and glass bottles at us (as I imagine) and other things that they could find. Then the mob began to rise upon us; there were but three or four of them at first, and one of them in particular came behind me and shoved me, in order to shove me down. I said, Who are you that offers to shove any body here; I took hold of him and said, Let us see who you are. I spoke to the Constable and he took charge of him, but the mob afterwards increased so great, that the Constable was obliged to let him go. - They call him Lippy, he has a hare lip.

Q. Who went with you to Field's?

Forfar. There were Mr. Blewmire , Mr. Montgomery, myself, and three more.

Q. What happened after?

Forfar . After the mob had increased so much and were so outragious, the Constable and his assistants went away, and left only Mr. Montgomery and myself. He was cut down the coat, and went under a shell belonging to the next house to shelter himself; seeing none but him I was willing to get away as well as I could: them one of the fellows presented a musket to me, and said he would shoot me. I said, Take care what you do, for if you miss me I will not miss you; then I pulled out a pistol and presented it at him.

Q. Had you presented your pistol before?

Forfar. I had not, I had it in my breast; when I saw that Mr. Montgomery was attacked, I endeavoured to defend him as well as I could, (and he told me he was hard attacked) but he got into a house and so escaped from them: then seeing all my friends gone, I made the best of my way to Cow-Cross; when I came just by the White-Lion in Clerkenwell, Wells cut me on the top of the head with a cutlass and desperately wounded me.

Q. What did he assault you for?

Forfar. I don't know for what: after Wells had wounded me, the whole mob got about me, knocked me down, cut me in several places, and stabbed me in the shoulder, my coat was cut in several places. I was very saint with the great loss of blood, and was carried home for dead.

Q. Name the persons that assaulted you?

Forfar. That very woman Ann Duck in particular assaulted me, and took my powder horn out of my pocket.

Q. Did any body take the pistol from you?

Forfar. Yes, but I don't know who took it, Wells was one that was about me.

Q. Did Theophilus Watson take any thing from you?

Forfar. No, but he had a hanger, and was one of the company that was cutting and flashing me; they were all together in the robbery.

Q. What did Thomas Kirby do to you?

Forfar. He put his hand into my pocket, but I don't know that he took any thing.

Q. Did he say any thing to you?

Forfar. He seemed angry, and said he was surprized there was nothing in my pockets.

Q. What were the words he said to you?

Forfar. He said he was sorry there was nothing in my pockets.

Q. Did you lose any thing but the powder horn?

Forfar. No, nothing but my blood.

Q. What did Joshua Barnes do?

Forfar. After I was knocked down, Barnes * came and flourished a hanger over my head and said, If you were your Master Blewmire, how I would poke those two eyes of your's out, cut your head off and carry it away in triumph.

Barnes and Kirby are two boy s, seemingly about 12 or 13 years of age.

Prisoner Wells. What time was this done?

Forfar. It was between ten and eleven at night.

Wells What clothes had I on?

Forfar. You had a light coloured coat on.

Q. Do you know any thing of me?

Forfar. Yes, I have known you these fifteen months. - I have seen you at Black Mary's Hole. - I have seen you take in people there at gaming.

Q. Did you ever see me at Black Mary's Hole?

Forfar. Yes, at the little bridge, within twenty or thirty paces of Black Mary's Hole. I have lost 12 s. there myself.

Wells. Will the gentleman take his oath that he has seen me at Black Mary's Hole?

Forfar. I am upon my oath.

Wells. I never was there to the best of my knowledge in my life, and don't know where the place is.

Watson . What clothes had I on?

Forfar. You had the same coat on then you have now and a night cap.

Watson. Had I a hanger?

Forfar. Yes, you had.

Prisoner Duck . What sort of a gown had I on?

Forfar. You had the same, or such an one as you have on now, and you said, Hamstring the dog that he may never run after me again.

Prisoner Barnes . What clothes had I on?

Forfar. That person with the Roman nose [ Barnes ] had the same clothes he has now.

Q. Which of the Prisoners did you know before that time?

Forfar. I knew Thomas Wells and Ann Duck particularly well, and I knew Joshua Barnes , I can't say that I ever saw Kirby before that time.

John Blakeman . Thomas ells and Joshua Barnes, and a great many more people, cut Mr. Forfar in a terrible manner and left him for dead. - Wells cut him in a desperate manner.

Q. What did he cut him with?

Blakeman. With a hanger.

Q. Where was this done?

Blakeman. By the White Lion at Clerkenwell .

Q. Had Joshua Barnes a hanger ?

Blakeman. He had a hanger.

Wells. What night was this done?

Blakeman. On a Monday night.

Wells. What Monday night?

Blakeman. Last Monday was three weeks.

Wells. What day of the month was it?

Blakeman. It was the 24th of September .

Wells. Do you know me?

Blakeman. Yes, you live in Black-Boy-Alley , you come by our door every day, with a gang of gamblers and pickpockets, and such as they call street robbers.

Wells. Did I ever rob you?

Blakeman. No.

Wells. Did you ever know me to rob any body?

Blakeman. No.

Wells. The gentleman says he never knew any harm of me any other than cutting this man. Did you ever see me with a hanger?

Blakeman. Yes, and I have seen you with a hanger at other times, and the handle has come out under your coat.

Wells. I never carried a knife, much less a hanger.

Watson. When I was taken up and carried to Clerkenwell Bridewell, the Prosecutor said he could not swear to one or another, and there being some people that had got money, he would not appear against them. But as we are poor fellows, and have no body to appear for us, he swore against us.

The Prosecutor was asked whether this was true, but he absolutely denied it.

Ann Duck . Ever since last Friday, the Gentleman of Clerkenwell Bridewell lock'd me up, because I would not make myself an Evidence , and I told him I would not make myself an Evidence , because I did not know how; and he said, if I did not make myself an Evidence he would hang me.

Alexander Forfar called again.

Q. Had you any money in your pocket when you were assaulted?

Forfar . I had 4 s. 6 d. in my pocket when I went out of my house, but what became of it I can't tell. For I had several rolls and tumble - I can't say any of them took it from me.

Q. What became of your pistol?

Forfar . It was taken from me, but by whom I can't tell, and my handkerchief, which was tied in two know, was taken off my neck.

The Jury * acquitted the Prisoners, but applied themselves to the Court, and represented, That it was a pity such dangerous persons should slip out of the Hands of Justice, and desired they might be prosecuted in another manner. And the Court ordered them to be detained, that a Bill of Indictment might be laid against them for an assault. Which was accordingly done, except against Ann Duck , who was capitally convicted upon another Indictment.

*When the Prisoners were acquitted, Watson said, I thank you all Gentlemen of the Jury, you have done very right, God is the best judge among us all.

Mr. Boddy, a Constable, at the Mulberry Garden, at Clerkenwell, directing himself to the Court, &c. said, He hoped they would not discharge Wells, for on the Monday after this happened, he and twelve more came to his house with drawn cutlasses in their hands, and pistols cocked, and said, D - n their Eyes and Blood, we will have him out of his house, for we will have his Head, and this Night his Brains shall be broiled in Black-Boy-Alley.

436, 437, 438, 439. Thomas Wells , Theopholus Watson , Joshua Barnes , and Thomas Kirby , were indicted for a misdenieanor, in assaulting and wounding Alexander Forfar , a Headborough , and obstructing him in the execution of his office , Sept. 24 .

The Evidence on the former trial for the robbery, being pretty full, it will be needless to repeat it. But as some additional Evidence was given on this trial; we hope it will not be disagreeable to mention it, viz.

When Mr. Forfar was assaulted on his return from Black-Boy-Alley , there were a great many in the gang, both men and women, and children with bludgeons, pokers, tongs, and other things; and by their abuses, he was in such a miserable condition, that he could not stand; having 19 wounds upon his head, and one of his fingers almost cut off. He said, the Surgeon told him the wounds and bruises he was obliged to dress were above 40. He had three cuts given on his legs, upon Ann Duck 's crying out, Hamstring the Dog ; that Joshua Barnes cut him several times on the legs, after he was lying upon the ground, and the women fell upon him, beating and kicking him with their hands and feet. Kirby had a large knife, like a butcher's knife, in one hand, while he was searching his breeches pockets with the other, during which time Wells stood over him with a cutlass drawn .

Watson. Forfar said, Gray was one that assaulted him, and Jeffery Everett , and Jacob Aldridge ; and in Clerkenwell Bridewell Mr. Montgomery took all our names down, and said he would take care that we should take the right hand of St. Giles's church; and Forfar, said, As to the rest he would not trouble himself about them , but make it up with them.

Forfar. I never spoke such a word.

Watson . You took us up because we could not pay you any thing.

Forfar. I did it out of downright justice.

Barnes . He came to me several times in Clerkenwell Bridewell, and said he did not know me, and asked me where my hanger was, and I never had a hanger in my life.

Forfar. I never said that I did not know him.

The Prisoners were found guilty of the indictment, and received sentence to suffer one year's imprisonment in Newgate , and to pay a fine of one shilling each.

440. + Richard Lee , otherwise Country Dick , of St. Giles's in the Fields , was indicted for assaulting William Price , in the dwelling house of Mary Johns , putting him in fear, and taking from him a hat, value 7 s. a perriwig, value 12 s. a silver stock buckle, value 6 s. a pair of silver buttons, value 2 s. and 10 s. in money, his property , Sept. 23 .

William Price . On Sunday the 23d of September, I was coming from St. Giles's church, between 12 and one, after chapel was done. I was a going home to dinner, and just by Newton Street this young chap [the Prisoner] over-took me, passed me, and came just before me, and said, Sir, do you know any body that wants a servant, he said, I am of no trade, I want a Drawer', or a Freeman's place. I said, I did not know of any, he must go to some intelligence office. He asked me what countryman I was, I said I was a Herefordshire man. he said he was of that country too. Said he, I have been in London about a month, I am very poor. I have no money at all. But when we came to Newton-Street, he said, I have one penny. I'll be a penny to your half-penny, and we'll go and drink together. He said he had a thing which he wanted me to read.

Q. Did he shew you any thing?

Price. No, he did not shew me any thing at all. I thought it was a letter he wanted me to read. I said I would not go and drink with him that way, for I knew it to be a very bad place, I said if he would go with me any other way, I would go and drink a pot with him. When we were going down Newton-Street, he took hold of me, and begged me to come on, says he, Here's another man following me, I have found a thing, and he wants it, but if you will come along with me I'll shew it you. - There was a person behind, and he said to the Prisoner, Young man will you take a crown more than I offered you. The Prisoner said, For God's sake come on, this man will not let me alone, let us go into some house or other, and I'll tell you what this man is about. He offered me his waistcoat all in gold, [his gold waistcoat] his hat and wig, and 15 s. in money for the things I have found. Said I, how for are you a going this way? He said, just by.

Q. Did he hawl you, or force you along?

Price. Not in a forcible way. Then he carried me to Mary Johns house, and up a long entry. Just as the Prisoner got me into the entry, as I was going in at a door into the kitchen, a man came up to me, and they forced me along the entry into a room backwards. The prisoner took me to the other end of the room, and the other fellow stood at the door. Then the prisoner said he would shew me what he had found, and pulled a ring out of his pocket, and said, This is the thing I found, which that man offered me all the money and things for that I told you of; and asked me if I would read the Posey upon the ring, and I would not read it. Then he called the other man to read it: I love none, but you alone. Then he put his hand into his pocket, and said, he had another of them. He said, As you are my countryman, if you have a mind to have these two rings you shall have them. Then he began to ask me what I had about me, and whether I had money to pay for those two gold rings. I said I did not want any gold rings. He look'd at my shoe buckles to see whether they were silver, and looked at my stock buckle, and buttons, and he asked how much money I had about me, I said about ten shillings. Then he said could give him my shoe buckles, and stock bucd buttons , and the ten shillings, I should have the two gold rings, which were worth five pounds me . I told him I would not have them upon any account: he said they were gold. I said, If they are gold you did not come honestly by them. Then he cused me . He pressed me two or three times to take them, and I told him I would not have them. Then he swore that I should have the rings, and he would take the things. When he found I would not take the rings, he took off my hat directly, then my wig, and stock buckle. (he left my stock in the window) Then he said, Now I must have your money. When he said that, I was so frightened, that I thought I was in danger of my life.

Q. Where was the other man all this while?

Price. He stood at the door with a stick in his hand. - The other man said he would have my money, so I thought I had better give it them than run the risque of my life, and I pulled out the money my self.

Q. Did you give them the money?

Price. No, I did not give them the money; the Prisoner took the purse out of my hand with the money in it. - I think there were 10 s. in the purse. After he had got those things, and the money, he said, Here are the two gold rings for you, but I would not touch them. When he found I would not take the rings, he laid them down upon the window in a paper, and went away directly. Then I thought as he was gone, it was proper to take the rings, in order to shew to people. - I h ave not got the rings.

Q. Were they gold rings?

Price. No, they were nothing but brass. When I went home to my master's, ( - I am a smith) I complained how I was served, and got a warrant to take up the woman of the house, and the Prisoner; and she said, if you will be quiet I will get you your things again, and a girl brought to my master's house my hat and wig, and every thing but my money. So by the persuasion of the constable, and my master, who thought his life in danger, I took the things again and said no more of it.

Q. How did you know the prisoner's name?

Price. The girl said it was Country Dick who took the things.

Prisoner. Did you make any noise, when you were robbed?

Price. No, I did not make any great noise.

Prisoner. Did not you drink with me?

Price. No, I did not drink a drop.

Prisoner. Did not you give me the money?

Price. No, I did not.

Richard Read , Constable. My Lord, and Gentlemen of the Jury, I know the Prisoner at the bar to be a very notorious man. Last Monday was se'nnight we had a general privy search night. Upon searching a house at the end of Church-Lane, in St. Giles's, the sign of the Harp and Pound. about 11 at night, going up stairs on the left hand there was a little bed, I put my hand into it, it was warm as if somebody had just been in it. I went up two pair of stairs, and there was a room with three beds upon the ground, with one man in each bed, and I searched under the beds to see if there were any arms, after every body was gone out of the room, except a soldier and myself. Says the soldier, here's a closet you have not searched yet. No more I have, said I. I put my hand in, and felt something like linen, I pulled it to me, imagining it to be something of linen hanging in the closet, and it tore. Upon examining it, I found it to be the slap of a shirt. I put my hand in again and pulled the Prisoner's head out at the door, then I called out, and said, Gentlemen, I have got hold of a fellow, who is a common rescuer of Prisoners, and pulled him quite out. His shirt was tore, and I had the slap in my hand. I wanted to see him with his hat on, for I knew him by the cock of his hat. When he had it on, said I, You are the person who sent me word, you would blow my Brains out, and I said, Now I have a mind to blow your Brains out, and I secured him. Next morning he was examined before two of the Justices, and who should come in but the young man that he robbed, ( Adam Price .) Said he, I know that man. Said I, Do you know Country Dick? Yes, said he, He robbed me of my hat, wig, and other things, and 10 s. in money, said I, I am glad I have got him. And as Price was giving an account of the 10 s. he had in his purse; says Country Dick, there was but 8 s. 6 d. in it. Then, said I, You have done for yourself now. I would advise you to turn Evidence and save your neck, for I was sensible he belonged to a great gang, and he gave me informations of several, whose names I have in my pocket; which he did in hopes of being made an Evidence. I went afterwards to him in Newgate, and told him I believed there was one or two he had given me information of, that I had got, and if he had a mind to make himself an Evidence he might. Then he said, I don't know any thing of the matter, you made me drunk among you, that I did not know what I said.

Prisoner. The Constable says I wanted to make myself an Evidence, and gave an information against some Persons. I told him of two or three that were concerned with me in selling * Rings, but as to robberies I never was concerned in any. Guilty . Death .

*The Prisoner has frequently made his Brags, that he could sell Rings as well as any Body.

441.+ Clement Haggett * was indicted for the murder of Samuel Wackett , by giving him with a sword made of Iron and Steel of the value of 12 d. a wound upon the left side of the belly, above the navel, of the breadth of one inch, and the depth of four inches, on the 15th day of September last, in the Parish of St. Martin's in the Fields , of which he languished till the 21st day of the same month, and in the Parish of Pancras died .

* His right Name is Hackett.

He was a second time charged by virtue of the Coroner's Inquisition for the said murder.

Thomas Jones . I keep a public house, the sign of the Plough , in St. Martin's Lane . On the 15th of September in the evening, Serjeant Wackett (the deceas'd) came in, and while he was there the Prisoner came in, and when he was going away, one Lloyd said, Why will you go? I will strike you down if you won't stay. There were some words arose between the two Serjeant s, about the duty of a soldier; and the deceased began to be angry, and the Prisoner said, Don't be angry, I'll ask pardon, what would you have me do?

Q. Did you hear any talk about the Prisoner's borrowing half a crown of the deceased?

Jones. I did not hear any thing of the half crown; a little while after they all went away together; about a quarter of an hour after that, the Prisoner and the deceased came in again; and the Prisoner said, Mr. Jones let us have a Quartern of Brandy; the deceased said, I will have no Brandy, let us have Rum; but they had neither, they had a Tankard of Beer, and sat down by the fire together. I thought the dispute was all made up, but on a sudden, I heard my wife cry out, Oh Lord, there will be murder. I saw a sword drawn in the Prisoner's hand, and clapped my hand upon his wrist, and then the deceased cried out, He has stabbed me. I saw blood on the inside of his waistcoat, and upon his shirt. I went to Mr. Hewitt the Surgeon, and when he came in the deceased was sitting in a chair, (I did not know then that the Prisoner was wounded) and the deceased said to Mr. Hewitt, Dress my comrade first.

Q. Where was the Prisoner wounded ?

Jones. He was wounded in the back very much.

Q. What, with a sword ?

Jones. I believe it was with a hanger .

Q. Did you see any blows given ?

Jones. I did not see any .

Q. When your wife said there would be murder, was the sword, or the hanger drawn ?

Jones. They were both drawn then .

Pris. Council. You say both the sword and hanger were drawn; did you think yourself time enough to have prevented the mischief?

Jones. I thought I was.

Q. Who were in the room then?

Jones. There were John Barney , Thomas Holden , my wife, and Richard Godson my servant.

Thomas Holden . On the 15th of September in the evening, I was at Mr. Jones's smoking a pipe with Mr. Barney. Serjeant Wackett was there, and had 2 or 3 pints of been before the Prisoner came in. When the Prisoner came in he said he was very glad to see the deceased, and they seemed very glad to see one another. The Prisoner was for going away several times, but one Lloyd said he should not go, and said, Clem sit down. (the Prisoner was very much suddled when he came in) After that the Prisoner and the deceased had some discourse about a Corporal's, or a Private Man's duty, or some misdemeanors in the regiment. The deceased said, let it all drop, we'll have it decided by the Captain, on the parade to-morrow. Some time after the Prisoner said to the deceased, Sam lend me half a crown; the deceased said, Poh! Poh! you don't want money; the Prisoner said, I do want money, lend me half a crown. The deceased put his hand in his pocket and threw half a crown down. Then the Prisoner said to the deceased, Do you know God? The deceased said, I hope I do. The Prisoner said, God pay you, or God will pay you, and then they all three went out of the house together. This was about 11 o'clock. It was not long before they came in again, then the Prisoner asked for some brandy or rum, the deceased said he would drink no drams, if they had any thing, they would have a tankard of beer, which they had. Mr. Jones and I were playing a game at draughts. The Prisoner and deceased were in a box by themselves; presently I heard Mrs. Jones cry out, There will be murder. I looked and saw a small sword in the Prisoner's hand drawn; the deceased turned himself round and said, The villain has stabbed me; then the deceased turned about and gave the Prisoner a cut in the back.

Q. When you turned about first, after you heard the deceased say, the villain has stabbed me, was his hanger drawn, or had he it by his side?

Holden. He had it by his side - When the deceased first cried out, he had it by his side; and I saw him draw it.

Q. Did you see the Prisoner stab the deceased?

Holden. I did not see it.

Q. What did you see first?

Holden. The first thing I saw was the small sword drawn in the Prisoner's hand I would not hurt any one, I would speak the truth, and no more than the truth God knows.

Thomas Jones called again .

Pris. Council. You hear this man says the deceased was stabbed, before the hanger was drawn, was it so or not?

Jones. The cut on the Prisoner's back was given before the deceased clapped his hand upon his belly, and said, The villain has stabbed me.

Pris. Council. Will you take upon you to say the deceased's hanger was drawn then, and he made no use of it afterwards?

Jones. His hanger was drawn, when he said he was stabbed.

Q. to Holden. Did you hear any challenge given?

Holden. I did not.

Mr. Hewitt, (Surgeon.) I was sent for to the deceased, he had a wound between the third and fourth ribs, which penetrated into the Cavity of the belly.

Q. Was that wound the occasion of his death?

Hewitt. I opened the body, and I found a vast quantity of bloody matter in the belly, which came from the wound, which was the occasion of his death.

Pris. Council. Can you give any opinion as to the nature of the wound, how it was given, or in what position the deceased was?

Hewitt . It appears to me, that as the deceased was a right handed man, that the wound could not be given when he was upon his guard. - The wound was on the left side of the belly. Upon opening the body, I examined the Spleen and Kidney , and I can't say positively, whether the Spleen , or the Kidney was wounded; but I think the Spleen was wounded.

Pris. Council. Supposing two men had stood directly facing one another, quarrelling; do you think they could have given such a wound as that?

Hewitt. Indeed, I believe not.

Q. Had the Prisoner any wound?

Hewitt. The Prisoner had a wound back .

Q. Was that a cut or a stab?

Hewitt. I took it to be a stab, from the nature of the wound, for it had first penetrated, and then turned round; to the best of my remembran deceased said it was a stab. - I was sent for that night, about a quarter of an hour after the accident happened.

Q. How long did the deceased live afterwards?

Hewitt . From the Saturday evening, to the Friday se'nnight following. He desired I would attend him, and so did his colonel. As to the Prisoner, he was left to the care of the Surgeon of the Regiment.

Q. Did the deceased tell you the occasion of it?

Hewitt . He told me he and his comrade had some words about a private man's doing his duty, but had agreed in the end, and were very good friends. But returning again to drink something , they received the dispute. The deceased was for bringing it before the colonel, and that exasperated the Prisoner, and he challenged him, and upon his challenging him, the deceased said, Then turn out .

Q. Was the deceased in great danger from the first?

Hewitt . He was in extream danger, and I thought there was occasion to call in more Surgeons , I mentioned the Surgeon General, but the Colonel said he was satisfied with me; however I took that Gentleman with me for my further satisfaction with relation to the wound.

Q. Did the deceased desire you to dress the Prisoner's wound first?

Hewitt . He desired me to take care of his comrade , for he had a value for him.

Q. What did the deceased say, with relation to any complaint of the Prisoner's behaviour or usage?

Hewitt . He said the Prisoner stabbed him first.

Q. What before his hanger was drawn?

Hewitt . He did not say any thing of that.

Q. Did he make any complaint of any foul practice , or proceeding, or did he say it was a fair quarrel?

Hewitt . He did not say much of that to me, but I think , if any thing, he complained of it.

Q. Did he say the Prisoner had murdered him?

Hewitt . I don't know that he said any thing of that .

Elizabeth Moreton . I was with the deceased all the time of his illness, and he always said the villain had stabbed him, and about two hours before he died, he desired that God would provide for his family, for Mr. Haggett had murdered him.

Charles Nicholson , (a soldier.) I was with him about two hours before he died, and he begged that God Almighty would provide for his distressed family, for he did not think he should live that night out.

Jane Wackett . My husband declared that the Prisoner stabbed him before he drew his hanger, and he declared that before the Surgeon on the Monday following.

Mr. Hewitt called again.

Q. Did you hear the deceased say the Prisoner stabbed him before he drew his hanger?

Hewitt . I don't particularly remember that he said the Prisoner stabbed him before he drew his hanger. - I don't remember his mentioning the hanger, but he said the Prisoner stabbed him first.

Mrs. Jones. When the Prisoner, the deceased, and Lloyd came into our house the second time, the Prisoner called for a quartern of brandy or rum, and the deceased said if he drank any thing he would have beer. As I was dressing some stakes the deceased said, By G - d the Colonel shall decide this affair between you and I to morrow morning; and in a minute the deceased got up and pushed by between the table and me, but I did not apprehend any thing of mischief, and I heard the words, D - n you draw, or I'll cut you. - I don't know who said the words, and I saw the deceased's hanger drawn and his arm extended.

Q. Were either of them got out of the box, when the word draw was spoke.

Jones. The deceased was just got out to the end of the box.

Prisoner's Council. It has been asserted that the deceased said, The villain has killed me; was you so near that you must have heard it if he had said so?

Jones. Yes, I was so near, that I must have heard it, but I did not hear it.

Richard Godson . I heard the deceased say, You villain draw or I'll cut you.

Q. Had he any weapon then?

Godson . Yes, I saw him hold up his hanger drawn then.

John Burney . I heard the words, D - n you draw or I'll cut you.

Q. Did you hear any complaint of being stabbed?

Burney. Yes, the deceased said, The villain has stabbed me; that was after the words, D - n you draw or I'll cut you.

Prisoner's Council. Was the stab given in the box or out of the box?

Burney. I believe it was by the side of the box. Guilty of Manslaughter .

[Branding. See summary.]

442. + Peter Delgens * , of St. Martin's in the Fields , was indicted for breaking and entering the dwelling house of Christopher Pinchbeck , between the hours of one and two in the night, and stealing two gold cane heads, value 5l. twelve pair of silver buckles, value 6 l. a metal cup, value 6 d. a metal castor, value 2 s. and two ivory hook heads for canes, value 3 s. the goods of Christopher Pinchbeck , June 27 .

* He says his name is Velgent, he appeared very much like a gentleman by his habit.

Christopher Pinchbeck . The 27th of June in the morning I heard a noise in the house, and came down and found a hole in one of the shutters of my shop, which had been made by a nail piercer. The glass was broke, and several pair of never buckles, with two gold cane heads were taken away. - My dwelling house is the corner of Pallmall , facing the Haymarket. On the 30th of July my man told me he believed he had got the person who had stole my goods, and Mr. Chidleigh one of the Constables of St. James's told me he believed he had got a man who had some of my buckles, who was taken attempting to break open a house: I found some of my buckles, two pair of shoe buckles, and two pair of knee buckles, but the marks were pretty near taken out of them. The Constable and I went to the Round house where the Prisoner was confined, and I was confounded at the thing, upon account of the number of people that appeared for him, and the appearance that he made himself. He told me the place where he lodged, upon which I got a warrant from Justice Fraser to search his lodgings, and upon searching them I found two ivory hook heads for canes, which I believed to be mine, but the man [Prisoner] was such a concern to me, that I would not be positive to them; but upon opening another drawer, I found some childrens metal toys [a metal castor and a metal cup] (and saucer, and a metal teapot, which is not mentioned in the indictment) which I am certain are mine, for I made them several years ago, and there were none of them made before nor since; they are marked at the bottom with the two initial letters of my name, I have had them a good many years and never sold any of them. We took the things with us and went to the Round-house again, and carried the Prisoner before Justice Fraser. When I mentioned the buckles to him, he said he was a person that dealt in that way, and I find he is a Jeweller; then I produced these little toys and the ivory hook heads (then I was sure to the ivory heads, though I was doubtful about them before) he said he had bought them, and should be able to make it appear who he bought them of upon his trial. He had a pair of silver buckles in his shoes such as I lost of my workman's make. I have since had some of the goods brought me by other people, who will declare they had them of him. I think I can take upon me to say I saw the silver buckles in my shop the day before, because I had shewn them to a customer: and when I looked at a pair of silver buckles he had in the knees of his breeches , he said, they are not yours, no more they were.

Prisoner's Council. How do you know these buckles are yours?

Pinchbeck . I don't say I am positive they are mine, for my workman works for other people; the marks were filed out.

John Chidleigh . On the 30th of June I was at the watchouse, and Mr. Hill of Pallmall brought the Prisoner into the watchouse, and charged him with breaking his shop. I took him into custody and put him into the hold, and hearing that Mr. Pinchbeck's shop was broke open before, thinks I, this is the gentleman, though he looks like a gentleman; he threatened me very much, and said he was a gentleman, and then a Jeweller. I said I would lock him up, but I searched him fi rst for fear he should have any pistols, and I found these buckles; said I, You look very much like a gentleman because you have so many buckles, I take these to be Mr. Pinchbeck's buckles. I took this saw from him, and the teeth of the saw were as full of deal sawdust as they could hold, which I believe came out of Mr. Pinchbeck's shutter with his boring the holes; these are the gimblets which he made use of, this is the piercer he bored Mr. Hill's shutter with. I went to Mr. Hill's and fitted it to the holes in the shutter, and it fitted as near as could be. - I am in the building way: I went to Mr. Pinchbeck's on the Saturday morning between one and two o'Clock, and his man got up; I told him I believed I had got the thief who robbed his master, and he was then in the Round-house . I shewed him the buckles, and he positively said he could swear to them. I put this nail piencer into the holes which were made in Mr. Pinchbeck's window shutter, and it fitted as well as a nail piercer could do: he had ripped down the holes with a small saw, till he had got a piece out; this is the piece of wood which fitted the hole in Mr. Pinchbeck's window shutter, I fitted it to the hole myself. [There was a piece of the window shutter produced, about 4 or 5 inches square.]

Ellis Pugh . I am a servant to Mr. Pinchbeck , this piece of wood is part of my master's window shutter.

Q. Where did you find it?

Pugh. I found it in the hole it was taken from - Loose in the hole - The shutters were all whole after it was dark.

Chidleigh . When this piece of wood was put to the shutter, then the holes appeared, for they were all bored before it was cut out; it was bored either with a gimblet or a spike bit. - Tis a spike bit, we tried several of the holes, and this spike bit was as full of the saw dust which seemed to come out of that shutter as could be. I said to Mr. Pinchbeck it is the best way to get a search warrant; we got a search warrant and searched his lodgings, and there we found these things: there were some metal toys which Mr. Pinchbeck swore to, and one ivory hook head he was positive to, because part of it was broke off by an accident, [the goods were produced.]

Pinchbeck . These buckles are the same make as mine, but I can't positively swear to them, there were a great many chases of buckles found in the Prisoner's room, but the silver was all gone: we found two small files and a burnisher, which are used in taking out names and marks.

Chialeigh. Mr. Pinchbeck's man said before the Justice, that the Prisoner had a pair of buckles in his shoes which were his master's, and he said may be there may be another pair in his knees, and the Prisoner said, they are not yours. Mr. Pinchbeck's man took out one of them, and it was not his master's: then the Prisoner was carried to Clerkenwell Bridewell, and he said he would endeavour to make friends with Mr. Pinchbeck to find the bill Ignoramus, and then he should be saved. I said he should send what goods he could of Mr. Pinchbeck's to him, and that would be the way to make Mr. Pinchbeck his friend (there were several of the goods sent to Mr. Pinchbeck) when I advised him to that, he said he would; and that he had ordered several people, particularly Mr. Bell a Taylor and his washerwoman, to carry some things to him. He desired I would recommend it to Mr. Pinchbeck to be easy with him, and he would get all the things again that he could, and make satisfaction for what goods he could not recover by raising friends, and said he hoped I would not be his enemy. I said it was not in my power to help him; he said, O Lord! what a sad thing it is that I have happened to light upon such a Constable that was so hard: I asked him if he had any confederates, he said he had none; said I, You must have some confederates to receive your goods, you should impeach them; he said he had nobody to impeach, there was no soul concerned with him, and he was a very unhappy man to fall into such hands as would not shew him mercy.

Prisoner. How came you to go to Mr. Pinchbeck to enquire about me concerning this matter?

Chidleigh . I don't live above a dozen doors from Mr. Pinchbeck. I had matched this piece of wood to the window shutter the day before, and I said I would look out, and may be I might find the person that did it.

Eilis Pugh called again.

Q. What time did you find that the house was broke open?

Pugh. About two o'clock in the morning, I found the shutter broke, the glass of the window broke, and the show glass broke.

Q. Where did the show glass stand?

Pugh. It stood I believe about three inches on the right hand of the hall, just on the inside of the window.

Q. In what manner do you think he took these goods out?

Pugh. To be sure he must take them out with his hand, and he could by putting his hand in at the hole, take them out of the show glass.

Q. Did you miss the things directly after you observed the shop to be broke open?

Pugh. I missed no more than one gold cane head at first; I called my master about a quarter after two, but did not miss the things directly: my master went to bed again, but I would not go to bed, and when my master came down, we missed the rest of the things, this castor and cup were missing - They are my master's: I took a pair of my master's buckles out of the Prisoner's shoes before the Justice, I believe these are my master's buckles.

Chidleigh. These are the buckles which were taken out of the Prisoner's shoes before the Justice.

Pugh . The Prisoner sent these silver buckles to Mr. Pinchbeck by his washerwoman Mrs. Prees.

Jaquelin Prees. I had these two pair of silver buckles from the Prisoner at the bar, which he gave me in part of payment for some money he owed me.

Prisoner. What did the chairman say to you against me, when I was taken up?

Chidleigh. He said you were leaning against Mr. Hill's window shutters, and he thought you intended to do something you should not do, and stood a little on one side to watch, and heard the shutter crack, and then he came up to you and you run away, then he made a run at you and you fell down and he fell over you: he said you dropped the nail piercer and he took it up.

William Knox (a Chairman.) On the 30th of June I was in Pallmall about one o'clock in the morning, I was about twenty yards off the Prisoner, and he was stooping against a shutter. I came up a little nearer to him and heard the shutter crack: he was then standing upright, and I believe he saw me; then he went behind the lamp post at the next door, I went up to him in order to lay hold of him, and heard something drop, what it was I could not then tell, but I afterwards found a nail piercer; then I called the watchman, and kept the Prisoner till the watchman came to me, the Prisoner made an attempt to get away from the watchman; I run after him again and he fell down, I must either have tumbled over him or have fell upon him, if I had not stepped over him. Then the watchman came up and gave the rails a knock with his staff and said, I have done for him now, he'll never run again: the watchman thought he had struck him, but he only hit the rails: then I knocked at Mr. Hill's door and shewed him the place the Prisoner had been attempting to break open; he had bored 13 holes in the shutters. We carried him to the Round-house, and Mr. Hill searched the Prisoner and found two pair of silver buckles upon him; he asked him what he was, he said he was a Jeweller by trade, and that he made buckles.

Q. Where did you find the nail piercer?

Knox. As near as I can guess about six yards from the place where the holes were bored, and the Constable tried whether the nail piercer fitted the holes, and nothing could fit better. When the Prisoner was before the Justice next day, he was asked how he came by the buckles; he said he bought them, and if we would let him alone for three or four days, he would find the man he bought them of.

Prisoner. He says he was in Pallmall, ask him how he could see me, as he was on the other side of the way in Pallmall and the street is so broad?

Knox . There were two lamps, and by the light of the lamps I saw him leaning against the shutter.

Prisoner. I have persons in Court to prove that I have bought buckles and deal in buckles, all the rest is a malicious prosecution. I don't know whether 'tis for the sake of the reward or what, I can't tell, I can prove that I bought the things.

Elizabeth Hewson . I lived at the Mitre tavern in the Strand - I kept the house. About the 28th of June - it was on a Friday morning between 10 and 11 o'clock, the Prisoner and another person came in and called for a pint of white wine. I went into the room where they were, and saw a tea kettle and lamp stand upon the table.

Q. What sort of a tea kettle was it?

Hewson . A little doll's thing.

Q. What metal were they?

Hewson. Gold, I took them to be.

Q. What else was there?

Hewson. There were a coffee pot, a pepper castor, a sugar castor, a cup, a saucer, and I believe about a dozen and a half of silver buckles; I took the tea kettle in my hand and asked if it was gold, and one of them said it was metal gilt.

Q. Do you remember any thing that passed relating to these things?

Hewson. I saw the Prisoner at the bar give the other person five guineas, and the person he gave it to said he would not have taken it, if he had not been very much put to it for money.

Q. Did you see him take the money?

Hewson. Yes, I saw him take the money into his hand.

Q. How came you to remember the day so particularly?

Hewson. It was the day to the best of my remembrance.

Q. Have you any thing particular to remember it by?

Hewson. I remember it for a very good reason, because I left the house the Wednesday after.

Q. How long had you kept the house?

Hewson. Not above three months. I never lived in London before I took that house.

Q. Have you a husband?

Hewson. Yes - he is in the army - he is at Plymouth now.

Q. How came you to keep the house but three months?

Hewson. I took it by the week.

Q. Are these the toys you saw at your house?

Hewson. I believe they are the same.

- Harrach. I have known the Prisoner about four or five years, and believe him to be as honest a man as any in England. He always had a good character, he has had goods of me upon return; - and what he did not sell he returned very justly; if I had thought he had been a rogue, I would not have dealt with him. - He was a jeweller by trade, but he dealt as well as worked at his business.

Q. How long is it since you dealt with him?

Harrach. I can't tell, I believe the day that he was taken up, he had a watch or two upon return, and towards the dusk of the evening he returned them to me.

Lewis Martineau . I knew the Prisoner at Paris, and always took him to be a very honest man.

Paul Phillipon . I have known the Prisoner 8 years, we have worked together in Amsterdam, and his character was very good there; he went over to France, and bore a very good character there . I have worked with him in England, and he always had a good character .

Paul Blanchard . He has come to my house a great many times, he had a good character , and was a pretty gentleman.

Mr. Garnault. I knew the Prisoner at Paris 9 months, he behaved well, and I always took him to be a gentleman; he has been at my house frequently , he was a dealer in watches, and other things , which he has shewn me several times.

Richard Deshoverie . I have known the Prisoner seven years; I knew him at Paris, and have sometimes sold him goods. I never heard any thing against his character. I never had any great intimacy with him.

Mr. Vanborn. I have known the Prisoner some years; I have had dealings with him to a considerable value; I have trusted him with goods at one time, to the value of 100l. which he safely returned to me again.

Prisoner. My Lord, It is all a pack of false stories, and it has been reported at Slaughter's Coffee-house , that they broke open the house, on purpose to charge me with it. Guilty Death .

He was a second time indicted for breaking , and entering the dwelling house of James Wood , in the night time, in the parish of St. James, Westminster ; and stealing 24 China cups, value 21 s. and 18 china saucers, value 12 s. the property of James Wood ; but he was not tried upon this indictment.

443. Peter Harris of St. Stephen Coleman Street , was indicted, for that he being an evil disposed person, after the 21st of May, 1734. to wit, on the 17th of September last, with a certain short gun, which he then and there had, and held in his right hand upon Alexander Norman , feloniously did make an assault, with intent the monies of the said Alexander Norman , to steal, take and carry away, against the form of the statue, &c .

Alexander Norman . On the 17th of last month, between ten and eleven at night, as I was coming over Moorfields , I met the Prisoner with a gun in his hand, he swore at me, demanded my money, and said he would have it. I told him I would not give it him, unless he was a better man than I; he said if I did not he would blow my brains out. I took hold of the gun, and shook the gun in his hand in great hopes it would have gone off. After I had disputed a great while with him, he bid me go about my business, or he would blow my brains out. Then I watched him, in hopes some body would come up, and I got a watchman afterwards and secured him.

Q. Had he a gun with him then?

Norman. He had not a gun then, but I bid the watchmen look into the quarters as far as they supposed a person could throw a gun, and I believed they would find it; they looked for it there, and there they found it. - I am sure he is the man, for we were under a lamp, and he was hardly out of my sight till he was taken.

Prisoner. My Lord, I desire you would enquire into the character of the Prosecutor, for he bears a very good character in Newgate, he has been in Newgate.

Q. Have you ever been confined in Newgate?

Norman. I was, but it was only for a quarrel, in a publick house, for assaulting Mr. Hunt, a Beadle, in one of the hospitals; I was removed from the Poultry Counter there.

Prisoner. I would ask you what time a night it was that I stopped you?

Norman. It was between ten and eleven.

Prisoner. I can bring witnesses to prove that I was at home then.

- Barber. On the 17th of September, at night, I sat up as constable for Coleman Street Ward. Between one and two in the morning Alexander Norman came to the watch at Moorgate, and said, there was a collector in the fields, about 7 or 8 of the watchmen went out, and then they called for their master. I went to the walk that goes from Old Bethlehem, and asked for our watchmen. I stood there a little while, and the Prisoner (as I think by his voice) called hollo! and I said, hollo! the Prisoner came running without hat or wig. I asked the Prosecutor, and the watchmen if they had seen any body, they said no. I said there was a little man run by, and run up Fore-street. I asked the Prosecutor how he was served, his name, and where he lived, and he told me. I said, you seem to be an honest sort of a man, I'll go out again and see for him; and as I was going from the watch-house, the Prisoner came back again from that place where he had passed me; said I, There's the man; I went to the corner of Little Moorfields, and called after him, and said, I want to speak a word with you ; said I, What business are you; he said, I am a shaggreen-case-maker, I live in Fell street , in Wood-street; said I, This is an odd time of night to be out . I said to Mr. Norman, is this the man, Mr. Norman said, That is the man; the Prisoner asked him what he charged him with, he said he would tell him when he came before a justice, but the Prisoner insisted upon knowing what he charged him with; he said, with assaulting him with an intent to rob him; I said, if Mr. Norman charged me with him, he must go to the Counter; Mr. Norman said, If you will let the watchman go, I believe they will find the gun pretty near the rails; they went out and found it pretty near the rails, and came with it to the watch-house, in about eight minutes and when it was brought in, I said, Now, Mr. Harris, what do you think of that; but I thought it odd that he should rob with such a long gun.

Prisoner. Was not I in the watchouse before Norman came up?

Barker. No.

Prisoner. Did I make any resistance?

Barker. No.

William Negus a watchman. After the Prisoner was brought to the watchouse I went to search for the gun, and found it standing up against one of the posts of the quarters in the middle walk in Moorfields, on the out side of the post - The farthest post of the right hand quarter, it was found little after two o'clock, this is the gun.

Q. Was the gun charged?

Negus. I don't know, it is just as it was then, the barrel is stopped, there was no slint in it.

Norman. This is the gun*.

* An old shattered rusly gun with a small barrel about two foot nine inches long.

Prisoner. When the gun was produced before the Alderman, it had neither lock nor flint.

Negus. Yes it had a lock.

Barker. The Prisoner said he worked with one Mr.Kemp in Lillipot-Lane ; I said he is a man of reputation, I know him very well: the next day I asked him who he had to appear for him, he said nobody; said I, you spoke of Mr. Kemp, why don't you send for him; he said he had sent to him, and he was out of the way.

Sarah Barnes . I live at Mr. Norman's the Rose and Bird Cage in Wood-street, between twelve and one the Prisoner came to our house, and it was after one before he went out.

Q. What day of the month was it?

Barnes. It was the 18th of September.

Q. That was not the night.

Barnes. This was after twelve o'clock, the 17th was the day before.

Q. How came you to be so particular as to the time?

Barnes. I was in the house and drew the beer for him.

Q. What occasion had you to remember it?

Barnes. I had no great occasion - What gave me more reason to remember it was, that he did not pay for the two pints of beer he had, and they were set down in the house and the day of the month to it - As far as I know the Prisoner is a very honest man.

Elizabeth Giles . I live in Fell-street - My husband is a Chimney-sweeper; the Prisoner has been a lodger in my house two years, and always behaved handsomly: he came in on the 17th of September between eight and nine at night very much in liquor, and sat himself down in a chair: he was so much in liquor that he could not sit in the chair, but laid down upon the boards, I thought to get him into his own room, but I could not: his wife and I went to bed, and left him in the kitchen; after the clock struck twelve, I said, Mrs. Harris, Let him lye there, and she said, so she would, for then he would be safe - What became of him afterwards I can't tell.

Charles Thomas . I have known the Prisoner three quarters of a year, he lived over-against me, and I never heard any ill of him.

Mr. John Kirk one of the Jury-men, desired to be heard, with regard to the Prisoner, and being sworn, he said the Prisoner had worked 7 years with his brother as a journey-man , but not being a Freeman, he was forced to turn him away.

William Kirk , (the last witness's brother.) The Prisoner worked with me 7 years, and I never knew any thing amiss of him, if I had he should not have staid with me so long - He behaved very well.

John Ruffin , (another Jury-man.) I have known the Prisoner 7 years; I know he worked with Mr. Kirk, and I believe he parted with him only because he was not a Freeman. - Mr. Kirk is a Shaggreen-case-maker.

William Hill. I have known the Prisoner two years as being a lodger with Mrs. Giles, he was always a very inoffensive man, I have been in his company several times.

Edward Stafford . I have known him about 3 quarters of a year, and he was always an honest man for whatever I could hear of him.

Thomas Webster . I have known him about three quarters of a year, and to the best of my knowledge he is a very inoffensive man, and as far as I know always behaved himself in a very handsom manner.

Prisoner. I hope I have given your Lordship entire satisfaction as to my innocency. Acquitted .

444. + John Smith of London , was indicted for stealing a silver spoon, value 9 s. 6 d. the goods of Thomas Jackson , in his shop , Sept. 29 .

Thomas Jackson . On the 29th of Sept. about seven o'clock in the morning, I lost a silver spoon, I missed it by the number I left upon the board at night; he came into the shop about seven in the morning, when only my boy was there, and cheapened a spoon, and took away a large spoon, which was stopped by Mr. Winne , a Goldsmith without Aldgate.

Wm Winne . On the 29th of September the Prisoner came and offered a spoon to me to sell, which was broke in two, and the mark was taken out, and upon that account I suspected him, and charged Mr. Wardley the Constable with him; he was carried before a magistrate, and confessed that he stole the spoon from Mr. Jackson, and then I sent to the Prosecutor. The Prisoner first told me it belonged to his mother, and was afterwards in several other stories.

Jackson. This is one of a parcel of old spoons that I was at work upon; I had taken the mark partly out the night before, that was not done by the Prisoner, but it was whole when I lost it.

Robert Strumer . I have known the Prisoner a great many years - From an infant - I believe he is about 14 or 15 years old, his father is a Bricklayer, and keeps an alehouse at the Rose and Crown in Long-acre; he has worked with his father in my house, and might have robbed me several times if he would, but he never did; his father is a very honest man.

Two other witnesses said the Prisoner's father is very a honest man, and never heard any harm of the Prisoner. Guilty 4 s. 10 d.

[Transportation. See summary.]

445. + Mary Coombs of St. Peter's, Paul's Wharf , was indicted for stealing a cloth coat, waistcoat, and breeches, value 20 s. a duffel coat, value 10 s. a gown, 5 s. a sheet, 5 s. a tablecloth, 4 s. two pair of shammy gloves, 3 s. four cotton handkerchiefs, 4 s. a riding hood, 10 s. six plates, 6 s. two holland shirts, 10 s. two yards and a quarter of canvas, 2 s. a black laced hood, 12 d. &c. the goods of John Flowers , in his dwelling house , Sept. 22 d .

John Flowers . The 22d of last month I lost two coats, and several other things, which I cannot remember; the Prisoner lived in the same house. I have an apartment up two pair of stairs, and she had an apartment below - The house is let out in tenements. My wife sent me word she was robbed, and when I came home the house was quite turned upside down, and all the things lost which are in the inventory.

Sarah Flowers . I went out just at six o'clock in the morning, and left no body in the house but the Prisoner, and some sailors, one was called Davy; and when I came home she was reading a news paper; said I, I am robbed; says she, How can you be robbed? I sent for my husband, and when he came, I said, John, I am robbed, I am robbed of all I have in the world; all my husband's wigs and hats were gone, of which my husband had four; she gave me this wig of my husband's. She would have gone out of the house, and said, who dare touch her. She said, it was impossible I should be robbed for no body else had been there, and she had not been out all day long. She said afterawards she had given these things to Davy; for he lay with her ever since she had been in the house, which was about a month.

Robert Watts . When Mrs. Flowers came home, she complained of being robbed, (my wife had seen two sea-faring men come out of the house) Lord, Sir, says the Prisoner, How could she be robbed without my knowledge, for I have not been out of the house all day. When I heard her say that, I advised Mrs. Flowers to secure her, for she must have been privy to the going out of the things. And then she said she had been out about three o'clock in the afternoon, but she could not tell where she had been.

Susanna Watts . About four o'clock that afternoon, I saw two sea-faring men, by their dresses, come out with bundles.

Elizabeth Gilbert . I live next door to the Prisoner, I know there are sea-faring men always coming after her; I heard Mrs. Flowers cry out, I am robbed, I am undone for ever, and that her door was broke open; I advised her to secure the Prisoner, for I believed she could give her some account of the matter; but she would not give her any account. Acquitted .

446, 447, 448, 449. + Joseph * Ewin , John Keene , William Johnson , Mary Roberts , wife of William Roberts , of St. Giles's Cripplegate , were indicted for assaulting John Bullin , in a certain court or open place near the King's highway, putting him in fear, and taking from him an half guinea, and 5 s. 1 d. 1/2 in money, the property of the said John Bullin , Sept. 25 .

* Bullin the Prosecutor on the trial called him James Ewin.

John Bullin . I live in Philip's Court by Jacob's-Well in Grub-street , on the 25th of September I had made a little entertainment for some friends at dinner about two o'clock, and about ten at night I went to the Jacob's-Well to pay my reckoning, which came to 8 s. 7 d. halfpenny. I changed a guinea and paid it, John Keene stood in the kitchen and saw it; then I ordered 18 d. worth of punch more. I went into my house to drink a glass of punch, and came down to make water; James Ewin the soldier clapped both his hands about me and said, D - n your blood, what Bullin? I felt for my watch immediately, and finding it in my pocket I said, You have missed your aim, for you wanted to rob me: then Keene and Mary Roberts fell upon me, and Mary Roberts said, Murder the rogue, knock out his brains; Keene and the soldier were for forcing in. - I did not know Ewin by any other name than soldier then, he was turned out of the house afterwards for keeping ill company and bad hours. He knows I had received 112 l. and upwards, for a little estate in the country, and I suppose he wanted some of it. I kicked Keene in the face, and I served a warrant upon him, and the Alderman I carried him before, said I had served him right if I had kicked his brains out; he cursed me, and said in a little time I should have no money, nor my wife should have no fine cloaths, nor no rings.

Q. Who took the money from you?

Bullin. No body had their hands upon me but Ewin.

Prisoner's Counsel. Were you robbed?

Bullin . I lost my money.

Counsel. Did you feel any body's hand in your pocket?

Bullin . I can't say that any person's hand was in my pocket.

Counsel. Have not you offered to indict other people?

Bullin. No, I have not.

Q. You are sure you lost your money?

Bullin. Yes, I am sure of that, I had it but five minutes before.

Counsel. Did you know these people before?

Bullin. I did not know one of them. Acquitted .

The Council for the Prisoners moved the Court for a copy of the indictment, but the Court was of opinion that they ought rather to have been confined.

450. Elizabeth Pennil , of St. Clement Dane's , was indicted for stealing three silver spoons, value 7 s. the goods of Daniel Delany , Gent . Septem. 29 .

Rachel Crossley . The Prisoner was my servant - I live in chambers in the Temple , and look after Mr. Delany's chambers and make his bed, these spoons were left in my care. The 28th of September I missed a bottle of Madeira wine, and asked the Prisoner what was become of it? She said she knew nothing of it. The next day I missed a large silver spoon and a tea spoon, I asked her where they were? She said Mr. Delany had locked them up in his bureau. When Mr. Delany came in, I said did you take a large silver spoon and a tea spoon? He said he had not seen them since he left them in my care, and expected them at my hand. I missed three spoons out of the tea chest, I asked the Prisoner what was become of the great spoon, I believe I said a rash word, I said I will know before you go out of this room by the living G - d, then she said she had pawned it in Houghton-street by Clare-Market; as to the little spoons she said they were sold, and I never could have them more; said I, Who dare buy stolen goods? You have given them to Mrs. Steer, that is a woman I did not like. I called to the man who is my servant and bid him go for a warrant, and threatened her that I would have one: then she said they were pawned in Purpool-Lane , and they were found there; she had pawned the great spoon in the name of Elizabeth Delany , and I paid 5 s. 3 d. for it. She confessed she stole them out of the closet in Mr. Delany's room.

Q. What is your business?

Crossley. My business is to take care of gentlemens chambers in the Temple, I have the care of seven chambers.

Thomas Crawforth . I was with my mistress and the Prisoner before the Justice, and she owned she took all the three spoons, and went with my mistress to the Pawnbroker's to fetch this large spoon.

Mrs. Horne. The Prisoner lived three Years with Mrs. Crossley, and when she discharged her I took her without asking any character of her of Mrs. Crossley .

Mrs. - . I know the Prisoner was Mrs. Crossley's servant, and that she was a servant to Mr. Field, and when she was his servant I have heard her desire him, that he would not leave the key in his bureau; she has taken me to his bureau and showed me several bank bills and sums of money, which she might have taken if she would.

The Prisoner's sister said the Prisoner had lived with Mrs. Crossley three years and upwards, that after she had had her spoons again, she kept her all day on the Monday, then discharged her, and afterwards took out a warrant against her. Guilty .

[Transportation. See summary.]

451. Elizabeth Thomas , of St. Margaret Westminster , was indicted for stealing five plains, value 18 d. four chissels, value 1 s. and one pair of pinches, value 6 d. the goods of William Clough ; two chissels, value 6 d. and one plain, value 3 d. the goods of Isaac Gray ; and thirteen pieces of timber, value 13 s. the goods of Richard Heybourne , September 24 .

William Clough . There were some pieces of wood Mr. Heybourne had lost, and in searching for them I found some of my tools, they were in a house where we were informed the Prisoner carried them, and desired they might lye there; it was a house where the Prisoner lodged.

Isaac Gray . I lost two chissels and a plain, Mr. Heybourne had lost some timber from a building in Duke-street Westminster, some of the pieces of wood I can swear to, one was the end of a girder.

Q. Where did you find this wood?

Gray. In a house where the Prisoner lodged, and there I found my tools.

Prisoner. I was going down stairs, and saw a man with two or three boards on his back, and he sat down in the yard; he desired I would let him leave them there, and he came two or three times after that with more, and desired I would let him set that bag of tools down, and I said yes, if you will be sure to come and fetch them again; and he said he would come in an hour and an half, but he did not come any more.

Jury. What sort of wood were the pieces?

Gray. They were oak?

Q. What scantling were they of?

Gray. They were nine inches square and two foot nine inches long.

Jury. The Prisoner could hardly carry a piece of that weight.

Q. What might one of them weigh?

Gray. Pretty near a hundred weight. Acquitted .

452. Mary Winn , of St. Giles Cripplegate , London, was indicted for stealing one pair of iron cheeks for a grate, value 4 s. and one iron bar for a grate, 1 s. the goods of Mary Springham , Sept. 17 .

Mary Springham . I went home on the 17th of September, between ten and eleven at night, and found my dwelling broke open, I missed a pair of cheeks, and a grate-bar, there was nothing else in the room. I saw my cheeks hang up to be sold at a smith's, in Red-Cross-Street, I cheapened them, and the smith asked me 4 s. for them, and said they were worth five. I asked him where he had them, for they were mine; he said he bought them about three weeks ago of a man with a parcel of iron; said I, that can't be for I have not lost them so long, upon which his wife came down, and said, No, you did not buy them, I bought them last week of a woman: she said she knew nothing of the woman; and the smith said, if I would give him the money they cost him, I should have them. I knew I must be at the charge of a warrant, and I said , I'll give you a shilling if you will let me have them again, and he let me have them. They sent to me afterwards, and said the same woman came and offered them a pair of cheeks, and a grate bar; I went there and the Prisoner owned the selling the cheeks, and that she had 15 d. for them.

Charles West . I am a journeyman to Mr. Walter Blay , I was in the shop when Mrs. Blay bought these cheeks of the Prisoner, and some other old iron, but there was no upper bar of a grate brought then. Mrs. Springham came about four or five days afterwards to buy them again, and I went with her to try if they fitted her grate, and I believe they are the cheeks that belonged to her grate.

Q. Are these the cheeks the Prisoner brought to you?

West. They are the cheeks.

Bethel Gooding . I am apprentice to Mr. Blay, the Prisoner brought a pair of cheeks to our house, and my mistress bought them of her at noon day.

Q. What did your mistress give her for them?

Gooding. I don't know what she gave her.

Q. Did the Prisoner come again afterwards with any thing else?

Gooding. She came with a pair of cheeks, an upper bar and some old iron, and we stopped the iron and sent to Mrs. Springham.

Jury . Are you sure those are your cheeks?

Springham. I verily believe those cheeks to be mine, they were made to the grate by my order, (the grate is 60 years old) one is thinner than the other, and there are no tops to the back part of them. - I think I can be positive they are my cheeks. Acquitted .

453. Mary Beaumont , of St. Andrew's Holbourn , London, was indicted for stealing two shirts, value 4 s. the goods of Alexander Mc Cane . October 10 .

Catharine Mc Cane . The Prisoner lived 5 years with Mr. Smith overagainst me, I desired her to look after my shop while I went up stairs, I was called down by Mr. Williams, and upon searching the Prisoner (by his direction) I found two of my shirts in her apron.

Henry Williams . I was going by the shop, and seeing the Prisoner in it and no body else, I suspected her, I watched her and saw her take two pieces of linen off the shelf and put into her apron; I found she was going out of the shop, and I called Mrs. Mc Cane down and asked her if she had left the girl in trust of the shop, and she said, yes, then I desired her to search her, which she did and found the shirts upon her.

Jeshua Smith . The Prisoner has been apprentice with me 5 years, and always behaved honestly to me.

Q. What age is she?

Smith . She is about sixteen or seventeen. Acquitted .

454. Christopher Miller , otherwise Jones , of St. James's Westminster , was indicted for stealing two shirts, val. 4 s. and an apron, val. 1 d. the goods of Thomas Barnett , Sept.12 .

Thomas Barnett , These things were hanging in my yard a drying, and the Prisoner took them off the line, I catched hold of him, but he got from me and run away, my Evidence took him and brought him back, he made excuses and said he was staying for some body up stairs.

Mr. Barnett's man, deposed that he heard his master call out stop thief, and hearing feet go very fast through the passage he came out, run after the Prisoner, and took him with the things under his arm. Guilty 10 d.

[Transportation. See summary.]

455. William Dunn , of St. Mary, Whitechapel , was indicted for stealing two brass candlesticks, value 2 s. and a pewter bason, value 12 d. the goods of Joseph Dakins . Sept. 27 .

The Prosecutor not appearing the Prisoner was acquitted .

456. Mary Brompton , otherwise Brompton , of Christ-Church , was indicted for stealing 7 Pillow-beers , value 7 s. a tablecloth, value 3 s. two napkins, value 2 s. two towels, value 2 s. the apron, value 12 d. and a coverlid for a quilt , the goods of Elizabeth Hallam , Sept. 24 .

The Prosecutor not appearing the Prisoner was acquitted .

457, 458. + Ann Gwyn , and Ann Barefoot , of St. Andrew's, Holbourn , were indicted for assaulting William Hamilton , in the dwelling house of Henry Gray , putting him in fear, and taking from him 12 s. 6 d. the money of the said William , in the said dwelling house , Oct. 12 .

William Hamilton . I had been at a house in Smithfield with a load of glass bottles; (I'll tell you the whole story from the beginning to the end) I was going through an alley, and in that alley three women laid hold of me.

Q. In what alley?

Hamilton. An alley as you go down Holbourn, I don't know the name of the alley - They told me it was Black-Boy-Alley . These three women pulled me into a house, and one more came which made up four ; they put their hands to my throat, and almost throtled me , and one of them clapped her hand before my mouth.

Q. Look at those two women, and see whether they are any of the women?

Hamilton . These are the two women - I am sure of it.

Q. What did they do to you?

Hamilton . One of them put her hand in my pocket.

Q. Which of them did that?

Hamilton. Ann Barefoot did; I had ten shillings in my pocket, wrapped up in a paper, and that was taken from me.

Q. You may go nearer and look, if you are not sure. [The old man looked very stedfastly at her.]

Hamilton . That is her, I know her. They throtled me, and after they had throtled me, she [Barefoot] took half a crown more from me.

Q. What did Gwyn do, did she hold you?

Hamilton . Three of them held me.

Q. Was Gwyn one of them?

Hamilton . Yes.

Q. What time of the day was it?

Hamilton . It was 12 o'clock in the day time.

Q. What is it a bye alley, are not people walking backwards and forwards there?

Hamilton . There were some people walking, but no body came to my assistance.

Q. Where were you when they took your money from you?

Hamilton . They had dragged me into a house, and into a room, and took my money from me in the house.

Q. Was it a publick house?

Hamilton . No.

Q. Was the door open?

Hamilton . The door was open when they drew me in.

Q. What did you do afterwards?

Hamilton . As soon as I was able I got into the street, and there was a Gentlewoman over-against the alley, that said I should have money from her to go before a Justice; so I got a warrant, and we took one of them in another house just by .

Q. Who did you take then?

Hamilton. Gwyn .

Q. How long afterwards?

Hamilton . Within half an hour, or an hour.

Q. Had she any of the money?

Hamilton . She had some of my money at the same time, I could swear to one piece, an half crown; I know the half crown. [The High Constable of Holbourn division produced the half crown.]

Hamilton . This is the half crown - I know it by a little notch in it, I could not swear to the rest of the money; we carried her before a justice, and she was committed to Prison.

Q. How was the other taken?

Hamilton . She was taken by the information of the accomplices.

Barefoot. I was just come home with a basket of sisters , when the Constable took me. Do you know me?

Hamilton . I did not know you when you first came up to me, but I knew you too well afterwards.

Q. When was this done?

Hamilton . Last Friday.

Gwyn . Was I ever in your company, or ever drank any thing with you in my life?

Hamilton. No, you never drank any thing with me.

Gwyn . Did you ever see me before?

Hamilton. No, I never did before, and it was too soon then.

- Reynolds . I have a piece of ground adjoining to this place, where the Prosecutor was robbed; one of the Prisoners held him by the throat while the other picked his pocket.

Q. Where was this done?

- Reynolds . This was in Black-Boy-Alley.

Q. Where is your piece of ground?

- Reynolds . It joins to the house, where this robbery was committed. I saw one of the women have him by the throat, and as soon as I saw it I went to his assistance; we had taken them all four if we had had any assistance. I am sure I have seen forty robberies committed in that place; has a very by place, I don't doubt but there have been 500 robberies committed there, and I believe some murders too if they were known, and I believe all the neighbours know it, there are neighbours to testify it.

Q. Who lives in the house?

- Reynolds . It is an empty house, only they make use of it for this purpose. They pick up the men, carry them in there, and rob them, then beat them, and turn them about their business.

Q. Who had the Prosecutor by the throat?

- Reynolds . The woman in the blue gown, Barefoot .

Q. How could you see that from your ground?

- Reynolds . I could see into the room as plain as I can see into this court.

Q. What trade are you?

- Reynolds . I am a carpenter, I keep my timber there. If the men had not been taken out of the place by the Constables and Soldiers, I durst not have gone to have assisted this man.

Barefoot. He only wants to take our lives away for the sake of the reward.

The Prosecutor was again directed to go up to the Prisoners, and look at them, to see if he was sure they were the persons.

The Prosecutor went to the bar, and look'd hard at them, and said to Barefoot, You are the woman, you are indeed; if these were the last words I was to speak, these are the women that robbed me.

Q. Which of the women was it that laid hold of you by the throat?

Hamilton . That's the woman, [Barefoot.]

Q. Who picked your pocket?

Hamilton. The other woman, Gwyn.

Justice Poulson said that was not the account he gave before him.

Q. Are you sure which of the two Prisoners picked your pocket?

Hamilton . To the best of my remembrance, she in the blue, [That was Barefoot .]

Q. Who does this house belong to?

- Reynolds. It belongs to one Henry Gray *, he took this house only for this purpose.

* Henry Gray, a noted Gambler.

Barefoot. Ask Mr. Reynold's , how he can see through pales, that are as high as this yard.

- Reynolds . There are openings between the pales, that I can see as plain into that room as I can into this rt .

Q. Are you sure these are the two women you saw commit this robbery?

- Reynolds . I am sure these are the two women.

Q. How far is your yard distant from that room?

- Reynolds . I believe about 7 feet.

Barefoot . I asked Mr. Reynolds , whether he knew me, and he said he knew nothing of me; this is only because he owes me a spight for selling him some oisters . Guilty Death .

459, 460. + Ann Duck *, and Ann Barefoot ++, otherwise + Wells , of Sepulchre's, London , were indicted for assaulting George Cheshire , on the King's highway, putting him in fear, and taking from him 4 d. in monies, the monies of the said George Cheshire , September 21st .

* She was tried this Sessions, with Thomas Wells , Theophilus Watson , Joshua Barnes , and Thomas Kirby , for robbing Alexander Forfar , and acquitted. see Trial 435. in the 1st Part of this Session's-paper.

++ She is that same person who was convicted with Ann Gwyn , on the preceding Trial, and is the reputed wife of Thomas Wells , who was indicted for robbing Alexander Forfar .

George Cheshire . On the 21st of September I was robbed in Thatched Ally , in Chick-Lane , between 8 and 9 at night; I had been in a house to drink a dram, and in less than the space of a minute, after I came out, three women came out of the house, and two of them followed me, the Prisoners are the persons; Mrs. Barefoot came on my left side, and put her right arm round my neck, and with her left confined my arm; Ann Duck was on my right side, and put her left arm round my neck, and with her right hand picked my pocket and took out 4 d. I resisted, and they began to beat me, and Ann Duck gave me several blows. I cried out murder, and then they called out for assistance; upon their calling out for help, there came one man, and one woman, one of whom gave a mopstick into the hand of Ann Duck , with which she gave me several blows upon my arms and back, and particularly one upon my left eye, which swelled my eye up, and cut it pretty much, and Ann Barefoot gave me a blow on the side of the head, with something she had in her hand, which I took to be a stone, or a brickbat, for it was very hard. I was so bad with their usage, that I could not work at my business for a fortnight. I went home directly to my landlady, I told her how I was used, and asked her to few my eye up, and she did something to my eye.

Q. What business are you?

Cheshire . I am a Cutler, and work with Mr. Bolton - He lives in Red-Lion-Street, behind the Counter in the Borough of Southwark; he did live upon London Bridge.

Q. Was the money taken from you by force?

Cheshire . Yes.

Q. Was you hindered so that you could not have prevented it?

Cheshire . Yes, for they confined me on both sides.

Q. Had you any more money in that pocket?

Cheshire. I believe I had a penny, or a half-penny more, but I will not say more than I know.

Q. Did you know the Prisoners before?

Cheshire . I knew them by sight, I have seen them sometimes, as I live in the neighbourhood; I knew Ann Duck by name very well.

Q. Did you ever keep company with the Prisoners?

Cheshire. No, never in my life.

Q. Where do you live?

Cheshire. I lodge at Mrs. Dale's, in Cross-Keys-Court in Chick-Lane.

Ann Duck . And please your Lordship, and the Court, I was discharged last night from a robbery, and now the persons, who belong to Clerkenwell Bridewell, have brought this man in order to swear my life away.

Q. Were you ever before a magistrate with these women?

Cheshire . No, I was not.

Q. Why did not you endeavour to get them taken up?

Cheshire . I went to Freeman's , a publick-house in Chick-Lane, the next day, and enquired after them, and they told me they durst not tell me their names for fear of having damage done them, and I never heard any more of them, till I was sent for; after they were taken up.

Jane Dale . I live in Cross-Keys-Court in Chick-Court, the Prosecutor lodges with me.

Q. What business is he?

Dale. He is a cutler.

Q. Where does he work?

Dale. He works on London Bridge.

Q. What is his master's name?

Dale. I can't tell, I forget, I am always so; this young man, [the Prosecutor] had been out, and when he came in, he said, Mrs. Dale, pray bring a needle and thread; and he said, Mrs. Dale, if you knew what a case I am in you would come and help me; said I, What is the matter with you? He said, Nan Duck and two other women have abused me in this manner . His eye was cut very much. Mrs. Freeman, who keeps an Ale-house in the neighbourhood, knows this too, but she will not come without she is fetched, because she thinks as she lives in the neighbourhood it will be a prejudice to her. I took a needle and thread and sewed his eye up, and put a piece of beef upon his face to lay the swelling; for it was swelled very much, and I believe he could not go out of the house for 6 or 7 days.

Q. How along is this ago?

Dale. I think it is about a fortnight ago, or it may be three weeks - I know it is but a small time ago.

Q. Where about on the eye was the wound?

Dale. He was wounded upon the eye lash. Guilty Death .

461, 462, 463. + Edmund Long , Henry Townley , and Charles Savage , of St. George, Bloomsbury , were indicted for the murder of Thomas Page , on the 18th of September , by casting and throwing him upon the ground with both his hands; and as he was lying upon the ground, giving him a blow with a cane on his left leg, by which he broke the bone of the leg of the said Thomas Page , and by striking him divers times upon the head, back, belly, breast, and sides, by which striking, he gave him several mortal wounds and bruises, of which he languished in the parish of St. George, Bloomsbury, and in the parish of St. Bartholomew the Less, from the said 18th day of September, to the 28th day of the same month; on which said 28th day of September, in the parish of St. Bartholomew the Less, by reason of the said broken leg, and by reason of the said mortal wounds, and bruises, the said Thomas Page did die; and Henry Townley , and Charles Savage were indicted for aiding, assisting, comforting and abetting the said Edmund Long , to commit the said murder, and therefore they the said Edmund Long , Henry Townley , and Charles Savage the said Thomas Page , feloniously, wilfully, and of their malice aforethought did kill and murder .

They were also indicted on the Coroner's Inquisition for the said murder.

Hannah Tiller . On the 18th of September, Mr. Townley, and Mr. Long came to Thomas Page 's house to serve a warrant upon him and his wife - in the Bowl yard , in Broad St. Giles's .

Q. Upon what occassion was this warrant served?

Tiller. Upon a frivolous occassion, a quarrel, it was about 8 o'clock at night, the deceased was just going to bed, his shoes and stockings were off, and he denied leave to put them on. Mrs. Page desired to know whether she was obliged to go at that time o'night, and they gave her leave to stay, as they had her husband. He was carried to Mr. Townley's house. There was another assistant in the barbarity, who it was I don't know.

Q. What is Townley?

Tiller. He keeps a Publick-house in Broad St. Giles's, Mr. Long is the Beadle, I don't know any thing of Savage. We went to the Ale-house about nine o'clock, Mr. Townley went out to serve a warrant upon another person, and did not return till about 11 o'clock, and he was pretty much in liquor. Page wanted to go before the Justice to have the thing decided that night, and Townley said it was too late, and I said I believed it was not. Townley refused to take his word for his appearance in the morning, though he said he would leave 20 Guineas in his hand if he would take toward . Page went to the back door to make water , Long went to the door and caught hold of him by the coat, called him rascal, and son of a bitch, and said, What are you a going to make your escape ? Page said, I am no son of a bitch, I am an honest man, and have an honest wife, and several fine children . Upon that, Long shortened his cane and hit him several blows on the stomach and other parts; the deceased fell down upon the ground with these blows.

Q. Were the blows given with violence?

Tiller. They were given with great violence. Mr. Townley went to his bar and fetched out a short staff or truncheon, and gave him several blows upon the head?

Q. Was it a Constable's staff?

Tiller. It was a painted staff. Then the deceased begged for mercy, and said, for Christ's sake don't murder me. The widow and I fell down on our knees and begged for mercy. There was one John Gasson came in, and I desired he would assist the deceased that he might not be murdered, and Mr. Townley's maid servant said, For God's sake master don't commit murder in your own house. The deceased was all over bloody.

Q. Did she see her master do it?

Tiller. She could not be off of seeing him do it, for she took the staff out of his hand. While she was trying to get the truncheon out of Mr. Townley's hand, Mr. Long, repeated a heavy blow upon the deceased's leg.

Q. With what?

Tiller . With a stick or a cane, I can't tell which - of a midling size.

Q. Was he upon the ground all this time?

Tiller. Yes, for he had not power to rise.

Q. Where did the last blow light?

Tiller. Upon the left leg, about the ankle bone.

Q. Was it done with violence?

Tiller . Really I think it was with a very good will that Mr. Long gave it, and in a few minutes after the blow was given, the deceased said Mr. Long had broke his leg.

Q. What happened then?

Tiller . Then Mr. Townley gave orders that the deceased should be carried to the Round-house. There were two men came to drag him out, and he said he could not go for his leg was broke; then they dragged him some doors from Mr. Townley's house, and John Gasson said, Master his leg is broke, and then Mr. Townley came and blew out my candle.

Q. How far did they carry him?

Tiller. About seven or eight doors. Townley called me bitch, and bid me go home or he would do for me. Then the deceased's wife went to fetch her young child to lie there, for she was a Prisoner.

Q. How did he get to the Round-house?

Tiller. I can't tell, but I saw some men take him up to carry him there.

Q. How far was it from the house where this was done, to the Round-house?

Tiller. I believe it is twice the length of the Old-Bailey-Yard, but I am not a judge of yards in this case.

Q. What other blows were there given?

Tiller. Long gave him several blows upon the back.

Q. You say the deceased's leg was broke in Townley's house, I ask you whether or no he complained that his leg was broke, before he was carried out of the house?

Tiller. He did indeed, and they dragged him seven or eight doors, and I pursued them with a candle in my hand; and Townley beat the deceased with the truncheon, and said he would make him walk.

Q. On what part were these blows given him?

Tiller. I believe they were upon his back.

Q. During this time, did the deceased endeavour to make his escape?

Tiller. He did not.

Q. Did he make any resistance?

Tiller. He did not.

Q. When he was carried to the Round-house, which of the Prisoners was there?

Tiller. They ordered him to be locked up, and went away directly, they did not take any care at all of the Prisoner, and he was laid down upon the boards, and lay there for 3 or 4 hours.

Q. What was done after he was carried to the Round-house?

Tiller. Luke Griffin , the man who keeps the Round-house, seeing him brought in, in such a distressed manner, went to one of the overseers of the poor to get a note to go to a Surgeon, but no Surgeon came, he laid his head upon my lap till two o'clock. I went to Townley's, (who is Headborough , or something else) and said, You are a very pretty man to murder a man in your own house. Before the Prisoner was moved, I said to him, Tom Page , are you in your senses? he said, Yes, Mrs. Tiller, I am; said I, In case you do otherwise than well, let me know who you lay your death to; he said, To Mr. Townley, and Mr. Long; Mr. Long broke my leg , and Mr. Townley repeated several blows upon my legs. I agreed with two men to carry him to the Hospital; I went along with him, and he died there the 28th of September.

Pris. Council. On the cross examination.

Q. Are you any relation of the deceased's?

Tiller. Not as I know of, but we call brother and sister as being old acquaintance.

Q. Did not the deceased's wife, under pretence of going to get bail, get a warrant?

Tiller. Yes, she did.

Q. Did she bring back a warrant?

Tiller. She brought back a warrant from Justice Fraser, to take up Mrs. Thomas.

Q. Was the warrant served?

Tiller. She did not insist upon it's being served - she did deliver the warrant to Townley .

Q. Did not Townley serve the warrant that night?

Tiller. Yes, he did.

Q. Was it not eleven o'clock at night, when the deceased desired to go before the Justice?

Tiller. No it was not.

Q. Was it not eleven o'clock, when Mrs. Thomas was carried before the Justice?

Tiller . Mrs. Thomas was in the Round-house before ten.

Q. Did not the deceased say he would not go to any Round-house?

Tiller . He only desired that he might not go, he did not insist that he would not.

Q. Did not he say he would not go?

Tiller. I did not hear him say any such thing. When they were at the Round-house, Mr. Long said, shall I lock the woman up? She has a family of young children; and Townley said he would lock them both up.

Q. When he went to make water did he say he was going to the door?

Tiller . He said he was going to make water, and Mr. Long catched hold of his coat, and called him names, as I told you before.

Q. When he went to the Round-house, did he walk?

Tiller. He had not power to walk.

Q. You say he was dragged out of the house, did Townley or Long drag him?

Tiller. No, I did not see Townley or Long drag him, but two men did. - It was about one o'clock.

Q. Was it by Townley's or Long's order that the deceased was dragged along?

Tiller. It was by their order.

Q. What did they say then?

Tiller. They ordered him to be carried to the Round-house, and I think Mr. Townley carried the candle, but I can't be positive.

Elizabeth Peate . Mr. Townley and Mr. Long came and served a common warrant upon Mr. Page and his wife, they behaved very well at Page's house, they did not insist upon taking them out directly.

Q. What time of night was this?

Peate . I believe it was about ten o'clock when they took them out of the house to go to Mr. Townley's house; after they came to Mr. Townley's house, Townley went out and Mr. Page thought it long that he did not come in to do them justice; at last Mr. Townley came in and the deceased got up, Mr. Long took hold of the flap of his coat and said, D - n you you son of a bitch where are you going? With that the deceased called him son of a bitch again, and said he was going to make water. Long said, What are you going to make your escape? No, says he, I am only going to make water. Mr. Long took his cane and punched him several times upon the breast, and with his pushing him the deceased fell backward, and Long lays on very hard with his cane, (I don't know whether it was a stick or a cane, for some sticks are painted and look like canes ) then Mr. Townley went to the bar for his truncheon and laid on very hard, so, I believe it was very hard, but I did not feel the blows; I said to the maid servant, for God's sake, my dear, beg your master to have mercy , and the poor girl came out of the bar and said, for God's sake Master, don't commit murder; then she went into the bar and he struck him again; then the girl came out of the bar again and got the truncheon from him.

Q. Where did the blows fall?

Peate. I believe they might happen upon his head.

Q. Was he standing or lying?

Peate. No, he was down all the time, for they would not give him time to get up, and he could not get up.

Q. Did the Prisoner make any attempt to escape?

Peate. No, he did not indeed.

Q. Did he make any resistance?

Peate . No, he did not indeed.

Q. Did he complain of his leg being broke to you?

Peate. He did not say any thing to me about that.

Q. How came you to know that?

Peate. I heard a crying out afterwards that his leg was broke.

Counsel for the Prisoner. Did Mrs. Page go to get bail?

Peate. Yes.

Q. Did not she bring a warrant against Mrs. Thomas?

Peate. I don't know that she did, there was a warrant brought, but I don't know what it was for - There was a talk of getting a warrant, and there was a warrant served upon Mrs. Thomas; I did not know it was for Mrs. Thomas till after Mrs. Page was gone.

Q. Was Mrs. Thomas brought to Townley's house?

Peate. Yes - It was about ten o'clock when she was brought in, it was not quite ten.

Q. Did not the deceased say he would not go to the Round-House?

Peate. He said he had his bail ready, and he would go to the Justice's, he did not say he would not go to the Round-House.

Q. When Townley said he should go to the Round-House what were the words that he said?

Peate. He said, Mr. Townley, I have my bail ready, they have been waiting a great while, and I'll go to the Justice's.

Q. Before he got up to go to the door, did he desire leave to go to make water?

Peate. Yes, he did ask.

Q. What was that after he was got up from the table or before?

Peate. It was after.

Q. Where was he then?

Peate. He was at the farther end of the common drinking room.

Q. Did he go out of the room?

Peate. He did not.

Q. Is there any back door there?

Peate. I don't know whether there is or no.

Q. How far did he go when he said he wanted to make water?

Peate . He went three or four steps.

Q. Did Townley or Long desire him to go no farther before they struck him?

Peate . No.

Q. When they said he should not go to make water, did he say he would go without their leave?

Peate . I did not hear any such thing; Long took hold of his coat, and called him son of a bitch, and he said he was not a son of a bitch; then Long called him so again, and said he wanted to make his escape.

Q. Was you in that house that night?

Peate . Yes, I was indeed.

Townley . If I was to ask her never so many questions she would swear to them all.

Judith Mussell . On the 28th of September I was at Mr. Townley's, Mr. Long and the deceased had a few words, I don't know what: Mr. Long called him rascal, and fell a beating him with a cane; there was a little staff which Mr. Townley had, and he struck him with it, and they repeated their blows very often. Mr. Long the Beadle broke the deceased's leg with his walking cane, and beat him as he lay upon the ground.

Q. Where was the leg broke?

Mussell . It was broke by the bar, and afterwards they dragged him to the fire side.

Q. How long time was it between the beginning of this affair, and his leg being broke?

Mussell. I believe about half an hour, or a quarter of an hour. - I can't tell how long, but I perfectly heard the bone snap.

Q. Did the deceased cry out that his leg was broke before Townley beat him, or after?

Mussell. It was after.

Q. Did Long or Townley strike him after he was down, and incapable of making his escape?

Mussell. He was not capable of making his escape, but after he was down they repeated their blows very often.

Q. Had he then power to make his escape?

Mussell. No, he had not. Mr. Townley called me bitch, and said he would rout us all, and then I went home.

John Gasson . I am an assistant to the Constable of the night, he sent me to see for Mr. Long, I went to Mr. Long's house, and they said he was at Mr. Townley's; I went there and the deceased was lying upon the floor bleeding, and Mr. Townley's maid was there (if she is the maid) and she said to Mr. Townley, What, will you have murder done in the house? and the Shoemaker, I don't know his name [Savage] was paying off the deceased as he was lying upon the ground, and he did not stir at all.

Q. Did you see Savage strike Page?

Gasson . Yes, a great many times, and I received several blows myself.

Q. What did he strike him with?

Gasson. With a cane or a stick, I can't tell which.

Q. Did he strike him with force and violence?

Gasson. I can't tell.

Q. Did he strike him hard or with a good will?

Gasson . I can't tell what you mean by striking with a good will, he struck so hard that he broke my head.

Q. Was Page lying upon the floor then?

Gasson. He was lying bleeding upon the floor, Mr. Townley pushed me on one side, and asked me what I struck his assistant for, for I really did strike his assistant on the head, and I said, Murder must not be committed in the house; I helped the deceased along as well as I could by the arm, and led him to the Round-House; when I had got him three or four doors from the house he complained that his leg was broke - I believe it was his left leg, I told Mr. Townley I believed his leg was broke: when he was in the Round-House Mr. Townley insisted that he should be put into the hold, and the Governor said he would not put him into the hold; and I went to one of the Overseers of the Poor to get a note to go to the Parish Surgeon to come to him; then Mr. Long came to the watch-house, and went to sleep, and Mr. Townley went to bed.

Townley. Did you know any thing of the deceased before you came into my house?

Gasson. No, I did not, I did not know any thing of the affair.

Townley . Did not you strike Savage ?

Gasson. Yes I did.

Townley . I ask you whether you did not strike him before he struck you?

Gasson. He struck me several times before I struck him.

Q. Did not they all ( Townley , Long, and Savage) strike the deceased before you struck Savage?

Gasson. I saw no body but Savage strike him.

Townley. Was not you the first person that discovered his leg to be broke?

Gasson. Indeed I was.

Q. When was it you made the discovery, had you got three doors or ten doors, or how many doors from the house?

Gasson . It was about four doors from Mr. Townley's house.

Q. Did you hear him complain before he got out of the house?

Gasson . No, I did not.

Urias Caldwell. I went into Mr. Townley's for a halfpennyworth of tobacco, and saw the deceased lying upon the ground in the house, I had not been out of the house above a minute before I saw two men or more lugging him out of the house; they had not lugged him above two or three doors before he fell down and could not go any farther for his leg was broke. Mr.Townley came out and said, why don't you carry him along, and they said, Master, he says his leg is broke; Mr. Townley said, he shams it, I'll make him go, lift him up again, and punched him several times on the back with his short staff, and the man cried, don't murder me; then the men who had him under the arms pulled him a little more, then he fell down again, and the men lifted him up a second time: then Mr. Townley said again, he shams it, I'll make him go, and punched him again about his loins with his short staff.

Q. Was it done with violence or gently?

Caldwell. It was very hard to my knowledge, for I perfectly heard the sound of the blows; a woman who is one of the witnesses came by with a candle in her hand, and he called her bitch, and said I'll have you all by and by; then he fell down again, and one of the men who was lugging him along clapped his hand upon his leg and said his leg was broke. Then Townley said, take him upon one of your backs and carry him to the Round-House; when he was there a woman who had his head in her lap said to him, if you should do otherwise than well who do you lay your death to? He said to Mr. Townley and Mr. Long, and their assistant.

John Smith . I saw Page lying in the street against a pair of gates bleeding, and they were pulling and hawling him like a dog. I asked how they could serve him so, and they said he had cut them all to pieces, but I think they had cut him all to pieces; they were swearing and cursing and said he should go, and Mr. Gasson carried him to the Round House.

Q. to Tiller. Was the Prisoner in good health before he went to Townley's house?

Tiller. He was looked upon to be a sound, wholsom, healthy man - about 41 years of age.

Mr. James Phillips . May it please your Lordship and you Gentlemen of the Jury, on Wednesday the 19th of September the deceased was brought to St. Bartholomew's hospital, and on the 28th died; and I was in hopes there would have been a good care , for four days things went on well, but on Saturday about four o'clock the sister of the ward sent to my house to inform me that he was in convulsions; when I saw him I was surprized there should be such an alteration in two or three hours. She said somebody had been to see him, and had frightened him and put him into a disorder, by telling him his children were carried to the workhouse. I took all the care of him that I was capable of. He had a wound in his head, and for my satisfaction after his death I opened his skull, and there was no concussion or fracture which occasioned his death. As to the leg, the fracture was so oblique that it might be done by falling down, and not by the blow of a cane.

Q. Do you believe the wound on his head was the occassion of his death?

Phillips. No, I do not think it was.

Q. Was the broken leg the occasion of his death?

Phillips . I cannot say it was, for I was in hopes that no dangerous symptoms appearing, he would have done well.

Q. Had he a fever?

Phillips. He had from Saturday a great fever upon him, great tremor, and was delirious.

Q. What was his death owing to?

Phillips. I believe it was owing to the fever.

Q. Might not such usage as this produce a fever?

Phillips. Yes, to be sure it might, but be pleased to take the other circumstances with it, that he lived four days, and had all the good symptoms that could be expected.

Q. Had he any fever for the first 4 days?

Phillips. No more than he ought to have, for there must be always a proper heat allowed, in order for the cure.

Q. Did not this usage, in your opinion, hasten his death?

Phillips. I am ready to think, as he continued so long with good symptoms, that this fever arose from a second cause.

Q. Might not a fright occasion this fever and convulsions?

Phillips. Yes, I do really think a fright might throw him into those convulsions.

Q. Do you think this fright in other circumstances, would have occasioned such a fever?

Phillips. I cannot assert that.

Q. I ask you upon the whole, whether in your opinion, this usage did, supposing it to be true, hasten his death or no?

Phillips. Yes, I believe it did.

Prisoners defence.

The council for the Prisoners produced a warrant, dated 18th of September, granted to Rebecca Hampshire , [the person who in the former part of the trial is called Elizabeth Thomas ] to take into custody Thomas and Elizabeth Page , for assaulting, wounding, and bruising her in a cruel manner.

Townley . These people who have appeared against us, will swear any thing, they keep bawdy-houses in Bowl-yard, and have a spight against the Parish Officers, because they have disturbed them.

Mary Winship . I am servant to Mr. Townley; Rebecca Thomas got a warrant against the deceased, and his wife, and my master served it; Mrs. Page desired leave to go to one Mr. Smith's to get bail, and Mr. Townley let her go, and then she got a warrant to take up Mrs. Thomas. - Mrs. Page returned with the warrant, about half an hour after ten at night, or not quite so much, - my master returned back again about half an hour after ten; Mr. Page desired to go before the Justice, and my master said it was too late, and desired his Readle, Mr. Long, to take him to the Round-house; Mr. Page said he would go to no Round-house, he would be no body's Prisoner, he would go no where but to his own habitation, was very rustical, and attempted to go away.

Pris. Council. Where did he attempt to go?

Winship . He attempted to go into the street, and then Mr. Long took hold of the skirt of his coat, and Mr. Page was very rustical, snatched Long's cane out of his hand, and struck my master with it; that was the first blow which was given on either side; then my master went to sit down again, and he resisted still.

Q. In what manner did he resist?

Winship . He struggled, and my master struggled with him, and held him, and in came the watchman, Gasson ; then the deceased tumbled down, and fell a fighting with another man.

Q. Was you present when he was carried out of the house, to the Round house?

Winship . Yes.

Q. Was there any complaint before he went out of the door; of his leg being broke?

Winship . - No.

Q. Did he walk out, or was he carried out at the door?

Winship . He walked out of the house.

Q. What complaint did he make?

Winship . I saw him as far as the door, and he made no complaint then.

Pros. Council. Don't you remember the deceased's being bloody?

Winship . Yes, but nothing but his head, his leg was not bloody. I took hold of my master's coat, and said, come away. My master had neither stick nor truncheon in his hand, till he went away with the deceased to the Round house.

Mrs. Kinder. I went into Mr. Townley's for a pint of beer about nine o'clock, when Mr. Page first came in; Mrs. Page came in about half an hour after, and brought a warrant, and insisted upon it's being served, and it was served by Mr. Townley. He came in again about eleven o'clock, and said Mr. Page must go to the Round house. Mr. Page was very rustical, and would not go. Mr. Townley insisted upon it, and said it was too late to go to the Justice's; Page said he would go no where but to his own house; for he would be no body's Prisoner; then he was going to run away.

Q. What way did he offer to go out?

Kinder. Out at the back door next the street.

Q. Does the back door go into the street?

Kinder. Yes, Sir, he took Mr. Long's cane out of his hand, and beat Mr. Townley over the shoulders, and took him by the ears, and almost pulled his ears off, for I was the person who put some tallow to them. Page used Townley, Long, and Savage very ill - he walked from the fire-side to the door as well as I can go - I saw him no farther than out at the door.

Q. Was he carried out upon any body's shoulders?

Kinder. He walked out as well as I can do out of this place - at the time they were going to carry him to the Round-house.

Q. Did he complain of his leg being broke?

Kinder. He said his leg was broke; but his leg was not broke in the house - if any body gave the blow it was Mr. Gasson, for he came in and began to pay away, and then they all fell a fighting and quarrelling together.

Sarah Blowes . I am sister of the Ward where the deceased died, he came in the 19th of September, his leg was broke, and his head cut in to places .

Q. What condition was he in for the first four days?

Blowes. From the 19th of September, which was on the Wednesday, to the Saturday, he was in a fair way. On Saturday two men and the deceased's wife came and talked of an execution, and of some children going to the work-house, but whether they were her own or no I can't say. Towards candle-light, he began to be very delirious, and pulled his leg out of the box; upon this he had a sort of a shivering, his senses were taken away, and he was quite delirious; the bandages which were upon his leg were either rubbed off, or he had pulled them off, and I was obliged to get a person to put his leg into the box again, and it was obliged to be set a second time.

Charles Rowyer . I am a patient in this hospital, the deceased was brought in on Wednesday morning about nine o'clock; for the first 4 days to all appearance he was in a fair way of doing well. On the Saturday there was such an alteration that he was not sensible of any thing, and he had almost got his leg out of the box - I believe he untied the bandages, that was the reason we tied his hands, and his leg was set a second time.

Q. What occasioned that?

Rowyer. I can't take upon me to say.

Q. Do you think it arose from any particular accident?

Rowyer. Certainly it did - I am of the opinion with the other witness, that the disorder he was put into was the occasion of it.

Prose. Council. Are you a Surgeon, that you are so good a judge in this case?

Rowyer. I only speak by report, I can't say any thing to it of my self.

Alexander Welch . I have known Mr. Townley about eight or nine years, and take him to be one of the most inoffensive men I ever knew, he is remarkably modest. There is another circumstances in his behalf, that at the election of officers, he was reckoned by all the persons present at the vestry, to be the most unexceptionable person to serve the office of constable. As to Mr. Long, he is a man that is very well regarded among the heads of the parish, but he is a little disregarded among the inferior sort of people, because he is by his office employed to remove nusances. I take him to be a very honest man, and incapable of doing such a thing to any body that is committed to his charge. My Lord, as to the place that these people come out of, it is the most infernal part of the Parish; I do not pretend to impeach the characters of the Evidence, but I am sure there is no good comes from thence.

Mr. Young. I have known Mr. Townley fourteen years, he has as good a character as any man in England, I never heard an angry word come out of his mouth; as to some of the witnesses against him, they are persons of ill fame, and such, as people dare hardly go out in the night time for, the place where they live is in a manner as bad as Black-Boy-Alley, I have seen Thieves come out of the deceased's house.

John Hull . Mr. Townley and Mr. Long I know very well. I have known Townley about nine years, and Long about nineteen, they are both of them persons of very good characters, and peaceable, quiet men. I have kept them company several times, I have been both Headborough and Constable, and Long was my beadle, he was with me for two years, almost every day, and he never used a Prisoner ill that I know of - I don't know the characters of the witnesses against the Prisoners, but they live in a very bad place.

Mr. Carter. I have known Townley and Long many years, their characters are very honest and just, and before this thing happened, they had always the character of peaceable men - I know nothing of the Witnesses for the Prosecutor.

Humphrey Jones . I have known Townley a great many years, he is a peaceable, quiet, honest man.

Thomas Bellamy . I have known Townley about 7 years, and Long about four years; Townley's character was always that of a quiet, peaceable man; and Long's is the same for what I know; he was my beadle last year, when I was Headborough, and always behaved in a civil manner; as to Bowl-yard, it is as bad as Drury-Lane, or Black-Boy-Alley .

Mr. Harrison. I have known Long twenty years, I have had a great many hundreds of pounds of dealings with him in the Hackney-coach-way, and he always behaved as well as I desire any person to do - I don't think he would be guilty of such barbarity as he is charged with.

- Hoddy. I have known Long 23 or 24 years, he has as good a character as any person in any parish whatsoever, and always behaved as well as any man whatever, and I believe he would not be guilty of any such thing as is laid to his charge - I don't know the witnesses for the Prosecutor, but Bowl-yard is a very wicked place.

- Gibson . I have known Townley and Long many years, they are persons of very good characters.

- Scot. I have known Townley between five and six years, he always bore the character of an honest man, a good husband, and an indulgent father; he was always very good natured, and used the Prisoners he had under his care with a great deal of humanity.

- Gregory. I have known Townley seven years, he has the character of an honest, quiet, peaceable man. Acquitted .

464. + Francis Moulcer , of St. John Hackney , was indicted, for that he on the 6th of September, in the 18th year of his Majesty's reign , upon Ann Bishop spinster, under the age of ten years, feloniously did make an assault, and her the said Ann Bishop did ravish and carnally know, and wickedly did abuse, against the form of the statute .

Rachel Bishop . On the 14th of September last my child was at play with her brother; he bid her sit down and she could not, she came to sit down by me and I saw she could not sit down. I asked her what was the matter with her, she said her backside was sore. I examined her, and found she was in a bad condition in her private parts; I sent for the Doctor to examine her, and he said she had got the soul disease. I asked her who had meddled with her? she said Francis Moulcer had taken her into a shed, and laid her down on the top of some hides, and pulled down his breeches and lay with her. - She said she did not know what he did to her, for she turned her head away.

Q. When was this done?

Bishop. I can't say to the day.

Q. Did the child tell you what day it was?

Bishop. She could not tell.

Q. Did she tell you how long it was ago?

Bishop. She said it was the week after Edmonton statute (which was the 2d of September) I asked her why she did not tell me of it before; she said she was afraid; I asked her why? she said that the Prisoner had threatened to cut her throat if she told any body.

Q. What did she say he did to her?

Bishop. She said he laid her down and did something to her which hurt her very much, but what he did she could not tell, for she turned her head away from him.

Q. What is the Prisoner?

Bishop. He worked seven or eight years with an aunt of mine, in the collar making business.

Mr. Coulson Surgeon. On the 15th of September Mrs. Bishop sent for me to examine her child, and upon examination I found she had the foul disease upon her; the Justice desired I would examine the Prisoner, to know whether he had the same disorder upon him, which I did on the 16th, and found that he was in the same condition.

Joseph Wilson . On the 17th of September I received a letter from Justice Spurling, to desire me to examine this child, to see what condition she was in. I examined the child and found she had the foul disease to a very great degree. I passed my finger into the part to know whether she was injured there, and I found there had been a penetration, but not to lacerate or tear the parts. I presume he must have dilated the parts, for I apprehend the child could not have had the foul disease without the parts had been dilated in order for the emission; had the appearance of the disease been only external, or had he not in some degree penetrated into the child's body; it would have appeared outwardly by an inflammation or an ulcer, and would not have been a gonorrhoea, but this is a true gonorrhoea occasioned by a penetration into the parts.

Prisoner. I never entered the child's body in any shape in my life.

Mr. Wilson. Somebody must have entered her body, for I passed my finger very easily into the part, which I could not have done into the body of a child of that age, without great pain to her.

Q. What age is the child?

Mr. Wilson. Eight years old.

Henry Spurling , Esq; The father of this child made a complaint to me the 16th of September in the morning about an hour before church time, and I granted him a warrant. I examined the child in what manner the Prisoner had used her, she said he took her into a shed and laid her down on some hides, and hurt her very much, but she said she did not know what he did to her, and the child told me when he had done what he did to her he threatened her, that if she told any body he would cut her throat. Mr. Coulson examined the child, and he said she had the foul disease. I examined the Prisoner with relation to this, and he said he had endeavoured to enter her body, but that he had not entered her body; and as to his giving her the foul disease, he said he did not know he had it himself. Mr. Coulson said he had taken two doses of physick from Dr. Swift an Apothecary at Edmonton , for this disease, yet he had it upon him still.

Prisoner. What I said before the Justice was when I was in liquor, for I did not offer any such thing to the child, and as for the physick I took, it was not for that, for I did not know I had any such thing upon me, and I have taken nothing for it, what I took of Dr. Swift was for a strain; and I work as hard as any man in England to get my bread in an honest way. Guilty Death .

465. Thomas Williams *, of St. Mary Magdalen Milkstreet , was indicted for stealing a pair of shoes, val. 4 s. the goods of John Hose , Sept. 26 .

* When the Prisoner was arraigned, and asked whether he was guilty or not guilty, he said, I don't know, I think I am not guilty, I am ill once in a moon and can't tell whether I am guilty or no. At last, he pleaded not guilty.

John Hose . Some time last month, but I can't be positive to the day, I lost a pair of shoes, about 11 o'clock in the day time: I was in the shop when they were lost, but did not see the Prisoner take them, my man went after him, seized him and brought him back, and the were in the bosom of his coat.

John Game . I am Servant to Mr. Hose; I saw the Prisoner take the shoes one by one off my master's show-glass, I followed him and took the shoes out of the left side of his coat and brought him back to my master's shop.

Prisoner. I have nothing to say but this, I am out of my senses once in a moon, that I don't know what I do.

Q. Did he plead that as an excuse when he was taken?

Game. He did not say any thing to me about that when I took him, he desired nothing, but that we would use him well.

Q. Do you think he looked like a man in his senses?

Game. I think he did not look like a man in his senses , to take the shoes in the day-time and come by the door with them.

Mr. Hose. I saw the shoes in his bosom before he was brought back to the shop.

Q. Do you think he looked like a man in his senses?

Hose. I don't think he looked any wise like a man that was out of his senses. Guilty 10 d.

[Whipping. See summary.]

466. + Edward Morgan of St. Butolph , without Aldgate , London, was indicted, for that, he together with Michael Burchall , James Diamond , William Harding , (not taken) with divers other persons to the Jurors unknown; not having God before their eyes, &c. On the 21st of August, in the 18th year of his Majesty's reign , upon James Sparkes in the peace, and God, and our said Lord the King then and there being; feloniously, willfully, and of their malice aforethought, did make an assault, and that he the said Michael Burchall , with a certain wooden stick, of a small value; which he the said Michael Burchall , then and there had and held in his right hand, upon the back part of the head of the said James Sparkes , did strike, giving to him the said James Sparkes , upon the back part of the head, one mortal wound of the breadth of one inch, and the depth of a quarter of an inch, of which mortal wound he languished, and languishing did live from the said 21st day of August, to the 7th day of September, on which said 7th of September, at the said parish of St. Mary, Whitechapel, of the said mortal wound the said James Sparkes did die; and that they the said Edward Morgan , James Diamond , William Harding , &c. were aiding, assisting, abetting, comforting and maintaining the said Michael Burchall , to commit the said murder; and there fore that the they said Edward Morgan, James Diamond, William Harding , &c. the said James Sparkes , feloniously, willfully, and of their malice aforethought, did kill and murder, against his Majesty's peace, his crown and dignity .

There was no indictment produced against him by the Coroner.

Thomas Dadley . I am a watchman of Portsoken Ward, on the 21st of August last, I was beating the hour of 11 o'clock, some men were coming along, and one of them struck my lanthorn with his stick - I don't know who did it.

Q. How many of them were there?

Dadley. I believe about ten.

Q. Where was this done?

Dadley. In Aldgate High-street ; when he struck my lanthorn, I asked him what he hit my lanthorn for, upon that one of them came up to me and threw me down; I called out to the watch to assist me; as soon as I got up, one of the watchmen, (Cartwright by name) said, there is one of them gone up Checquer-yard , let us make sure of him; we went up Checquer-yard , and some of them followed us up the yard, but he got away. I lost my staff, one of them with a cutlass, or a hanger, offered to strike me over the head. Sparkes had several cuts upon his head, he was cut very much, and his arms and wrist were very much bruised.

Q. Where was he carried that night?

Dadley. He was carried home, and the next day he was carried to the London infirmary.

Lancelot Howlett. On the 21st of August, about 11 o'clock at night, I was in the watch-house, and hearing a noise in the street, I went out; Dadley, he cried out murder; I went to his assistance, and found him upon the ground, upon his breech, and helped him up.

Q. Was there a great number of people there?

Howlett. There was a great possy of people with hangers drawn - I believe about 10 or 11, but I can't be sure in the dark. We began to play with our staves as well as we could, and then Cartwright, another watchman, came out, and played away. Parker, and Appleby a poor, honest, innocent man, were cut down at once.

Q. How many were there of you?

Howlett. There were six of us in all, Dadley, Sparkes, Cartwright, Parker, Appleby, and my self.

Q. Did you distinguish any of the persons that were there?

Howlett . Yes.

Q. Who did you distinguish?

Howlett. Mr. Morgan.

Q. Did you know him?

Howlett . He kept the tap at the Bull-Inn, I have known him about three years.

Q. Do you consider what you say, this is a very material case, whether he did any thing, or whether he was only a looker on?

Howlett. When Parker, Sparkes and Appleby were knocked down, Morgan pursued me, and I jumped over Mr. Appleby, and Morgan was flourishing his stick at me, but being pretty nimble, I got out of the way, and I bid Appleby go into the watch-house, for he had got enough already. Then I saw Mr. Rawlinson, a Tallow-chandler, come to my assistance; one of the watchmen was going to knock him down; and I said, What are you going to do, don't meddle with him, I know him. Morgan was flourishing one of the watchmen's staves and said, You villains, what will you do, I will knock your brains out?

Q. How long was this after the watchmen were knocked down?

Howlett. About a quarter of an hour.

Q. How do you know it was Morgan?

Howlett. When Morgan was flourishing the staff, I asked Rawlinson , who that was, that was flourishing his staff, and he said it was Morgan, who keeps the Seven Stars in Whitechapel - Morgan said, You wicked vile Rascals, if you come up I'll knock your brains out.

Q. What was the meaning of this, did you give them any provocation?

Dadley. No, one of them that was in company hit my lanthorn, and I said, Why do you use me so?

Q. Was there any quarrel?

Dadley. There were some fractious words; I might say some, and they said some again.

Q. When these people came up, did you see Morgan among them?

Dadley. No, I did not see him.

- Cartwright. On the 21st of August, I was at the watch-house, and hearing an outcry of watch, I came out and saw several men, either with sticks, or other weapons, assaulting Thomas Dadley ; he cried out, he was down, and I went to see whether the person had a hanger, or a stick in his hand. I went to a public house to get some assistance, and was knocked down again. I went to make sure of one that went up Checquer-yard , and we knocked him down. They beat me in a terrible manner, but it was so dark, I could not see who they were.

Q. What did you knock the man down for?

Dadley. Because they knocked me down several times.

Thomas Rawlinson . I was invited by Mr. Baker who keeps a public house where these persons dined, to dine there; I told him I could not be there at dinner upon account of business, but would be there in the evening; we all came out of the house together about eleven o'clock. I said to Mr. Morgan will you go home with me and drink a bottle of cyder, which he agreed to do, for I found the company (who were some of the crew belonging to Commodore Anson's ship the Centurion) were in liquor, and I did not care to keep them company. As Morgan and I were going quietly along, I heard a cry of watch , upon this outcry I saw one of the watchmen come running, and another after him, and they run down Checquer-Yard . I did not go down the yard but stood at the end of the passage, and heard a cry of murder; the lieutenant, I forget his name now, stood at the end of the place; the watchmen came up to the lieutenant and he had his hanger drawn, I said don't cut any body, he said. - d d - n them I'll fight for my King and Country.

Prosecutor's Counsel. Did you see Morgan then?

Rawlinson. No, I did not; I don't know what became of him.

Q. Did you see him afterwards?

Rawlinson. I saw him come down the Butcher-Row in Whitechappel with a stick in his hand.

Q. What sort of a stick was it, was it a watchman's staff?

Rawlinson . I don't know what it was, whether it was a stick or a staff. - I can't tell what it was for I did not see it.

Q. You must see it, or you could not tell whether he had any or no?

Rawlinson. Indeed I did not know what sort of a stick it was; then two of the watchmen came up, and one of them said he would knock me down, and the other said don't knock him down. - This was as I was standing at my own door. Howlett was one of the watchmen that came up to me.

Prisoner's Counsel. Do you know any of the persons concerned in thi s fray?

Rawlinson . I know none but Morgan and Harding.

Q. You spoke of a lieutenant?

Rawlinson . Yes, they said he was a lieutenant.

Prisoner. Ask Mr. Rawlinson when the fray began, how far he and I were distant from the place where it began?

Rawlinson . I believe we were arm in arm at that time, I take it to be about 40 yards from the place where the fray was.

Rob Robinson . I had been beating my rounds in Houndsditch, and hearing a noise I went into High-street, when I came to Black-Horse-Yard I crossed the way, and saw Mr. Rawlinson with a French horn hanging upon his shoulder, and one of the watchmen came up to him and said, What are you one of the gang, and went to strike at Rawlinson; but I told him he was a neighbour and a housekeeper, and desired he would forbear. While I was talking Mr. Morgan (as they said it was) came flourishing his staff in his hand and bid them defiance, and retired directly towards the bars .

Q. Did you know him?

- Robinson I was eight or nine yards off, and I could not distinguish him at that distance.

Q. What sort of a staff was it?

- Robinson. I think it was a watchman's staff.

Q. Was it after the watchman offered to strike Rawlinson that Morgan came up?

- Robinson. Yes, it was afterwards.

William Day . I am Beadle of Portsoken Ward, I was not present at the fray, but the day after this fray happened I went to Morgan's house, and told him I heard he had been in this fray and was very sorry for it; he said he was in the fray but it could not be helped: he said one of the company had been a good customer to him, and had hired his horse to go to Portsmouth, and he had engaged him to be there; he said I did a foolish thing in bringing a staff away.

Q. Did he say he took it from any body?

Day. He said he saw several staves lying upon the ground, and he thought it was a fray among the Butchers, and that the staff belonged to one of them; and he said he neither gave nor received a blow from any body, and shewed me his head to let me see that he had not received any blow: said he, do you think I would engage in such an affair as this? I said in an engagement they are not all killed, one falls on one side, and another on the other side, and a man in the centre may stand: he owned that he had a staff in his custody, and a scabbard of a hanger. I desired he would let me see them; he said he could not let me see them then, for his wife had them and she was not in the way, but I never could get the fight of them: I desired he would not let the scabbard go by any means, for it must be produced in Court. I asked him how many hangers there were, he said he was sure there was but one; I said there must be more than that, for we had got two. I advised him not to fly for it, but whenever the warrants were issued out to surrender himself, but he did not.

Eleanor Sparkes . I attended my husband in his last moments, and asked him if he knew any of the persons who had done him the injury, and he said the man at the Seven Stars [Morgan] and the man at Stepney [Harding] had done his business for him, and that he was a dead man.

Mr. Harrison, Surgeon. I was present at the London-Infirmary at the time Sparkes [the deceased] was brought in: there was one Dadley and a third Watchman brought in as wounded in this skirmish; one of them had a broken skull. The Deceased had two wounds, one on the fore part of his head, a little above the ear; that was the wound his death was principally owing to: the other wound was on the back part of the head, but of no great consequence. - He was brought into the Infirmary the 22d of August, and died the 6th of September of those wounds.

Q. to Howlett . Did you see Rawlinson there?

Howlett. Yes.

Q. Had he a french-horn?

Howlett . Yes.

Q. When the Watchman came up to Rawlinson, when he had the french-horn, and offered to knock him down, was that before or after the fray?

Howlett. It was after the fray was over.

Q. to Rawlinson. Did you and Morgan come out of the house together?

Rawlinson. Yes.

Q. Did Morgan leave you before the outcry?

Rawlinson. No.

Prosecutor's Counsel. Was Appleby knocked down upon the first outcry of murder, or when?

Howlett . It was upon the second outcry of murder - after Dadley had called out murder - when Sparkes was knocked down, he was pretty near to Appleby .

Morgan. Ask Howlett , whether he has not declared in several publick-houses, that he would hang me without Judge or Jury.

Howlett . No, I never said so. How could I say so, when it is not in my power?

Q. Did you say so, or no?

Howlett. I never did say so.

Morgan. I can prove he said he would hang me without Judge or Jury.

James Leveret . That man, they call him Dumpling, but his name is Howlett , I think about 2 or 3 days after this misfortune happened, I was saying that the Prisoner is a very honest man, and it is a pity such an accident happened to him. He happened to hear what I said, and said, D - n you, what do you mean by taking part with such a rogue as he is? I thought by that he was no friend to Mr. Morgan; and I said, I believe you are no friend of his. He said, No, damn him; I would hang him without Judge or Jury.

Mr. Ashley . Mr. Morgan is a well-disposed man, a man, that I believe would not swear an oath; he is the most peaceable man of any in the world; never any bore a better character. I deal with him.

Mr. Fuller [the brewer.] I have known him personally about three quarters of a year, and he always, to my knowledge, behaved in a sober, regular manner, as an honest, quiet, industrious man, and bore an exceeding good character.

Mr. Wright . I have known him about a year and an half. He is a peaceable, quiet man, I have heard so before I knew him: he bears a very fair character. I was in the Infirmary while the Watchmen were ill there, and asked them, how they came by their hurt? They said it was by some of the men of war's men belonging to the Centurion.

Thomas Hitchcock . I have known the Prisoner about 6 or 7 years. He bore the best of characters. I never heard him swear, nor saw him fuddled in my life. He is a quiet, inoffensive man.

Reuben Harding . I live within half a score doors of him: I have known him 8 years: his character is that of a sober , honest, sedate man.

Mr. Overbury . - I kept the Castle in Fleet-street. I have known him 3 years; and during that time he behaved as a quiet, peaceable, inoffensive man. Acquitted .

467. + James Page , of St. Andrews, Holbourn , was indicted for assaulting John Dennis on the King's high-way, putting him in fear, and taking from him 2 s. 1 d. his property , Aug. 12 .

John Dennis . About the middle of August last the Prisoner and another man assaulted me at the end of Chick-Lane about 11 at night. The Prisoner knocked me down, and another struck me over the head. I called to the Watch, but the Watchman would not take charge of them. They assaulted me twice; first at the end of Black-Boy-Alley, and afterwards at the end of Chick Lane. After I was knocked down, the Prisoner put his hand into my pocket, and took out 2 s. and a penny. He held something like a cutlass over me, and said, if I spoke a word, wo betide me.

Q. Where did you apprehend the Prisoner?

Dennis. Mr. Foot had him in custody, and insisted upon my prosecuting him.

Q. Do you know the Prisoner?

Dennis. I have known him a great while, but it was only by seeing him go by.

Q. What business are you?

Dennis. I follow Musick now, but I am a Joiner by Trade.

Q. How came it you did not take him up, as you knew him so well?

Dennis. I heard that he was gone for a Marine.

Prisoner. I have known the Gentleman these 3 months: he used to come to my house, and play upon musick, and used to beg for money, and I would not give him any, so I suppose he swears against me for that.

Ellis Crafts . The Prisoner lives in a very honest way, and gets his bread by what he can - He goes of errands, or drives sheep, or does any thing in an honest way. He is forced to live where he can. I am a shoemaker in Beech-Lane.

Mary Crafts . I have known the Prisoner several years. He is willing to do any thing, go of errands, &c. He was pressed, and carried among the soldiers, but was taken up for this.

Cath. Page. The Prisoner is my own brother. He was pressed for a soldier, but they sent him to Bridewell. I went to see him there, and asked him what he was taken up for? He said he could not tell. But they said he was taken up for a street-robbery. I never knew that he was guilty of any such thing.

James Dicker . I am a founder. I live on Saffron-hill. The Prisoner used to run of errands, or drive sheep.

John Day . I am a servant to Mr. How in the Old-Bailey. - I know nothing of the Prisoner. All I have to say is with relation to what the Prosecutor said. I heard him say to day, he did not know the Prisoner; he said he was like the man, but he could not swear to the person.

Dennis*. This man desired I would not swear against the Prisoner. He said, what signifies taking the man's life away? you may say you are not sure he is the person.

* A person said that Dennis the Prosecutor was tried at the Old-Bailey, 13 years ago, for the murder of his Wife.

Another Witness. The Prisoner has been tried here before for a robbery. He is one of the Black-Boy-Alley Gang, and has no visible way of living. Acquitted .

James Page was a second time indicted for assaulting Mary the wife of John Dennis , on the highway, putting her in fear, and taking from her three halfpence, the money of John Dennis , Aug. 12 .

John Dennis . My wife was with me at the same time, and robbed. They knocked her down, and beat her till she was as black as my hat. I have no other witness here; my wife is gone for Mr. Foot. Acquitted .

A person gave evidence, that the Prisoner goes about a nights, picking of pockets and knocking people down. The Prisoner was ordered to be continued in custody.

468. + Samuel Ellard was indicted for being seen at large in Great Britain, without lawful cause, before the expiration of the term for which he was ordered to be transported, to wit, on the 16th of July last, at the parish of St. Martin's, Ludgate.

The record of his conviction was produced, setting forth, that on the 8th of April, 1741, he was convicted of stealing 18 s. 9 d. the property of William Shipman . Then the record of his receiving judgment of transportation for 7 years, was produced and read.

Eliz. Holmes, who was evidence against him in 1741, was produced, but could not be positive he was the identical person.

John King , who was also an evidence against him in 1741, said, he could not be positive to his person, for he thought the other was of a fairer complexion; but being afterwards asked, whether the person he was evidence against at that time had but one eye, [as is the case of the Prisoner] he said he believed he had but one eye.

Stephen Mcdaniel proved the taking him upon Ludgate-Hill, and that he showed him the certificate of his conviction; that he said, it was his misfortune, and he could not help it. He said, he was employed as a butcher in America, and lived very well, but could not be easy till he returned to his native country; that he made his way up to a river, which he swam over, and catched a squirrel, on which he lived for 3 days. His aunt would have given ten guineas, if nobody would appear against him. Guilty , Death .

469. Hannah Owen was indicted for stealing 3 holland aprons, a cambrickapron, 2 shifts, a cap, a handkerchief, &c . the goods of Eliz Jennings , Sept. 25 . Guilty 10 d.

She was a second time indicted for stealing a pair of stays, a sattin gown, a muslin hood, &c . the goods of Tho Barrow , July 28 . Guilty 10 d.

[Transportation. See summary.]

470. George Thompson was indicted for stealing a saw, value 2 s. the goods of Robert Cope ; and an apron, value 1 d. the goods of Thomas Dann , Sept. 5 . Guilty 10 d.

[Transportation. See summary.]

471. William Lewis was indicted for stealing a live cock, price 2 s. the goods of Griffith Price , and

472. Richard Fox for receiving the same knowing it to be stole . Acquitted .

473. Mary Duffy , of Pancras , was indicted for stealing a poker, value 12 s. a fender 18 d. 3 brass cock, 1 s. a dripping pan, 2 s. catering-pot, 18 d. forty-eight gallons of strong 20 and fifteen gallons cherry beer, 10 s. the goods of Richard Pope , Oct. 13 .

It appeared by the evidence of the accomplice Jane Russell , that they got into this house of Mr. Pope's , no body lying in it, and took the thing mentioned in the indictment. Guilty 10 d.

[Transportation. See summary.]

474. Ann Anderson , of the precinct of White-Friers , was indicted for stealing a gold ring with one garnet stone, and two small diamond stones set upon the same, value 10 s. the goods of Jeremiah King , October 8 . Guilty 10 d.

She was a second time indicted for stealing a cambrick handkerchief, value 12 d. three clouts, value 12d. and a Russia tablecloth, value 6 d. the goods of William Green , October 6 . Guilty 10 d.

[Transportation. See summary.]

The following persons were executed on Friday the 5th of October last.

William Cox and Sarah Cox ,

Condemned in June sessions

Luke Ryley

John MackEvoy

Thomas Bonney

Thomas Wright

Condemned in September sessions .

James Gulleland , condemned in June sessions, for uttering and publishing a forged will, has obtained his Majesty's most gracious pardon .

The following persons are respited, viz.

William Quarendon , condemned in June sessions.

William Lawrence ,

John Peirson , and Joseph Fitzwalter

Condemned in Sept. sessions.

The Trials being ended, the Court proceeded to give

Judgement as follows.

Received sentence of death, 7.

Ann Barefoot 458, 460

Ann Duck 459

Samuel Ellard 468

Ann Gwyn 457

Richard Lee 440

Francis Moulcer 464

Peter Veltgent 442

Transportation for 7 years 10.

Ann Anderson 474

Thomas Barker 430

Mary Duffy 473

Christopher Miller 454

Hannah Owen 469

Elizabeth Pennill 450

John Skyrme 425

John Smith 444

George Thompson 470

Edward Young 429

Branded, 1.

Clement Hagget , 441.

Whipt, 1.

Thomas Williams , 465.

436. Thomas Wells ,

437. Theophilus Watson ,

438. Joshua Barnes ,

439. Thomas Kirby

Convicted of a misdemeanor, were fined 1 s. each and sentenced to 1 year's imprisonment in Newgate.

The following persons were executed on Friday the 5th of October last.

William Cox and Sarah Cox ,

Condemned in June sessions

Luke Ryley

John MackEvoy

Thomas Bonney

Thomas Wright

Condemned in September sessions .

James Gulleland , condemned in June sessions, for uttering and publishing a forged will, has obtained his Majesty's most gracious pardon .

The following persons are respited, viz.

William Quarendon , condemned in June sessions.

William Lawrence ,

John Peirson , and Joseph Fitzwalter

Condemned in Sept. sessions.

Hugh Connor , tried in May sessions, whose sentence was respited for the further consideration of the Court, has not yet been determined.