Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 29 July 2014), December 1744 (17441205).

Old Bailey Proceedings, 5th December 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 5th, THURSDAY the 6th, FRIDAY the 7th, SATURDAY the 8th, and MONDAY the 10th of December.

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

BEING THE First SESSIONS in the MAYORALTY of the

Right Honble Henry Marshall , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I.

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 HENRY MARSHALL , Esq; Lord-Mayor of the City of London, the Right Hon. the Lord Chief Justice WILLES, Mr. Justice ABNEY, Mr. Baron CLARKE , 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.

George Drayton .

John Cotterell .

Thomas Turner .

Samuel Wilson .

Joseph Adams .

James Hurst .

Thomas Jones .

John Warren .

Thomas Sargent .

Thomas Podgar .

Francis Bricknell .

William Ashmore .

Middlesex Jury.

John Dickins .

Richard Oakeman .

John Shepherd .

William Singleton .

Charles Durham .

Alexander Atkins .

Richard Steel .

Thomas Skeats .

Samuel Hammond .

Edward Dickins .

John Tipping .

Alexander Rouchead .

1. + Jane Philpot , of the Parish of St. Giles in the Fields , was indicted for stealing a silver watch with a stone seal set in silver, of the value of 3 l. 3 s. the property of Thomas Audrey , privately from his person , November 12th .

2. And Ann Butler for receiving the same, knowing it to be stolen .

Thomas Audrey . On Monday was three weeks as I was going from St. Giles's pound to Clerkenwell , the prisoner, who had followed me from a house where I had been, hugged me round the neck and insisted I should stay with her all night. I told her I had an honest wife of my own, and I would not stay in any shape; then she pulled me down an entry where she lodged, but I would not go in with her; then I missed my watch, which I am certain I had when I went into her company: I took hold of her and kept her in the street above an hour till I could get a Watchman to take care of her; she said I should have my watch again: the prisoner carried me to her house in Brown's Gardens. - I went with her because she promised me my watch. She said I should have my watch again next morning. - I am a Drum-major in Colonel Haughton 's Company at Gibraltar, and an lately come from thence. I offered to spend 10 s. if she would let me have it, rather than cause any uneasiness between me and my wife, but she would not let me have it; the next morning about 10 or 11 o'clock she was charged, and when she was in the Constable's hands, she owned she took the watch from me: Ann Butler had the watch in her custody.

Q. How did Ann Butler , say she came by the watch ?

Audrey. She said she had it from the thief that stole it from me. Philpot said before the Justice she did not take the watch by way of designing to keep it, but seeing me in liquor she took it with a design to return it the next morning - She never denied the having it from first to last, and said, I should have it again.

Philpot. Mr. Audrey was at Mr. Dun bar's's in St. Giles's, and a person came in, and said that my cousin was come to England, and would be glad to see me.

Q. Is she any relation to you?

Audrey. A great way off.

Q. Is she any Kin to you ?

Audrey. She is no kin at all, I believe, but she pretend to be so.

William Barron . On the 13th of November, about 11 or 12 at noon, I was going into St. Giles's with a friend, and in Brown's Gardens the back of Monmouth-street, Jane Philpot and Butler were quarrelling ( Butler lives in a sort of a rag shed) about a watch; Jane Philpot came to demand the watch, and Butler would not let her have it; Butler said, I will deliver the watch into any of these Gentlemens hands, but I will not give it to you, for you are a thief; and Jane Philpot said she had it of a man she met in the street, and lent him half a crown upon it; I said it was a very unreasonable thing to suppose that she should lend half a crown upon a watch; and then she owned she took it from a man in the street, and if Butler would let her have it again, she would return it to the man, and make matters easy.

Q. Did she say she took it with a design to return it?

Barron. I did not hear that, she owned she took it out of his pocket; Butler said she would deliver it to any one of us, and we advised her to go into the George, and deliver it to the man of the house; a constable was fetched, and Butler delivered the watch into his hand: when Philpot came before the Justice, she was very impudent. Butler said, she did not design to keep it.

Philpot. Did you hear me say I stole the watch?

Barron. You said you picked his pocket of it, and that you would carry it to him again, and make it up with him.

Christopher Audrey . The Prisoners came next morning to me at Mr. Dunbar's, and Philpot said, I have got your brother's watch, but I did not take it with a design to keep it, but to return it again - she came voluntarily. Butler was very sulky, and said but little. Philpot said to Butler, Deliver the watch to the gentleman of the house; but she would not deliver it. And Philpot said, Hussy, you have got the watch, deliver it. Said Jane, Christopher, don't let Ann Butler go, but keep her till you have got the watch; and as Philpot came voluntarily to me, I think it shewed she had no design of keeping it - we are related to Philpot at a distance. I have known her from her birth, and I never heard her to be suspected of any theft.

Prisoner. I went to see my cousin Tom, as he had been abroad a great while, and he was glad to see me, and asked me to drink with him when he was going away. I saw he was very much in liquor, and I desired him to leave his watch with Mr. Dunbar; but he would not leave it. And I said, Tommy, we will have another pot of beer; he said, he had no money. Said I, I'll go and pawn your watch for a trifle; for I was willing to get it from him, for fear he should lose it, as the times were very dubious. I took the watch and gave it to Butler. Next morning I went to her, and desired a quartern of gin, and asked her what she had done with the watch. She said she had pawned it. I went to Kit Audrey, and desired him to go with me to Butler's, to get his brother's watch; but she would not deliver it.

Q Did Philpot desire you to leave your watch with Mr. Dunbar?

Prosecutor. Yes, she did. I was pretty much in liquor. Acquitted .

3. Ann Barber , (wife of Joseph Barber ) of St. Bride , was indicted for stealing a piece of printed linen, 24 yards. value 40 s. the goods of William Merrifield , Nov. 1 .

William Merrifield . I live near the Fleet Market On Thursday, Nov. 1. I lost a piece of pnted linen out of my father's shop, about two o'clock in the afternoon. I was informed by our porter, that she had taken a piece, and I found it upon her in her apron.

Daniel Gibson . I was coming out of my master's kitchen, and saw the prisoner looking at this piece of printed linen, which lay on the shop window; she drew two pieces to her, went away, and returned and took the uppermost piece, and put it into her apron. Guilty .

[Transportation. See summary.]

4. James Galloway , of St. Olave, Silver-Street , was indicted for stealing a silver spoon, value 5 s. the goods of Edward Sadler , October 30 .

Edward Sadler . About the 28th of Sept. I lost a spoon, which was found upon the prisoner. When he was before the Justice, he said he found it.

John Ward . The Prisoner was my servant . My man said to me, the Sunday before Lord Mayor's day, Master, I believe James has got one of your spoons. I said to the Prisoner, James, I believe you have got one of my silver spoons in your pocket, and bid him pull it out, which he did; and I found by the mark that it was not mine. Said I, I believe you have stole this from one of my customers. I went to Mr. Sadler's, and saw two spoons with the same letters. He said he found this spoon, and a green purse with 18 s. in it, and that the purse was in the hayloft, upon such a beam, and I found it there - he has lived with me but a little while; he is a Yorkshire boy. I went down to buy some horses, and he desired to ride one up for me.

John Clark . The Prisoner said, he found the spoon, and a green silk purse with a silk string. Guilty .

[Transportation. See summary.]

5. Peter Lee , was indicted for that he, after the 24th of June, 1731, to wit, on the 1st of December, 1744 . did steal one iron bar, value 5 s. fixed to a certain chapel, called Spring Garden chapel , belonging to Edward Southwell , Esq ;

Humphry Littleales. I am porter to Edward Southwell , Esq; at Spring-Garden , by Charing-Cross . Last Saturday morning there was an iron rail lost from his chapel, which was fixed to the stone-work; the stone was broke, and the iron rail was taken out.

James Leaver . I am a watchman. I saw that bar in the range about five minutes before I missed it - About three o'clock last Saturday morning, I saw the Prisoner go off with something in his hand which looked like a bar. I cried out, stop thief, and followed him to the Horse Guards, and heard him throw something down.

Henry Nicholls . I was centry at the Pay Office. On Saturday morning last, about half an hour after two, the Prisoner came running along as fast as he could: hearing the watch call out, I stopped him at Scotland-Yard Gate, and kept him till the watchman came up. The Prisoner was charged by the Watchman for stealing an iron bar, but he said he knew nothing of the matter; the bar was drawn out from under the gate, and a hammer was found in the street, a little way off the gate. Guilty 10 d.

[Transportation. See summary.]

6. Ann Peach , of St. Giles's in the Fields , was indicted for stealing nine handkerchiefs, value 9 s. eight caps, value 6 s. three pair of sleeves, value 4 s. one pair of ruffles, value 2 s. a cambrick apron, value 8 s. and a piece of linen cloth, value 3 d. the goods of Benjamin Clayton , Nov. 2 .

Benjamin Clayton . I keep a publick house at the Lamb near Turnstile in Holborn . The Prisoner at the bar called for a pint of beer, and wanted a steak broiled, which was done. My wife had been wetting some linen for ironing, and had rolled them up in a cloth. The Prisoner came out, and said, I paid your wife for the beer; but my wife missing the things, ran after her, and brought her back.

Ann Clayton . The Prisoner desired a steak to be broiled, and out of compassion I did it for her. I asked her how she came by it, for I had a suspicion she stole it. She said, she gave a penny for it. I missed the things, and followed her. I asked her if she did not see a bundle that lay there. She said, Yes, here they are, Madam, if you will have them. I made answer, Yes, I will have them, and you too: Then she begged I would forgive her, and said she never did any such thing before.

John Jones . I took charge of the Prisoner, and went with her before the Justice: she desired I would speak favourable on her behalf.

Prisoner. I had the bundle, but I did not know I had it. Guilty 10 d.

[Transportation. See summary.]

7, 8. + James Leekey , and William Robinson , of St. Ann Westminster , were indicted for breaking and entering the dwelling-house of Francis Malard in the night-time, and stealing a holland gown, value 20 s. two shifts, value 10 s. two cambrick aprons, value 10 s. two holland aprons, value 6 s. two shirts, value 12 s. and three waistcoats, &c. the goods of Francis Malard ; a holland shirt, value 8 s. and a muslin neckcloth, value 2 s. the goods of Purey Castor , two pair of cambrick ruffles, value 2 s. an apron, value 1 s. four caps, value 4 s. and four handkerchiefs, value 4 s. the goods of Ann Stone , in the dwelling-house of Francis Malard , May the 3 d .

9. And Elizabeth Cane , otherwise Lawrence , for receiving the same, knowing them to be stolen , May the 4th .

Francis Malard . On the 3d of May, about 9 o'clock at night, my house was broke open, and I was robbed; I found the sash of the parlour window open about 9 o'clock at night.

Purey Castor. I lodged in Mr. Malard's house; I was robbed on the 3d of May; I was in the parlour about 8 o'clock, the windows were down and the blind up. I went into the parlour about an hour afterwards, and saw the mark of two men's feet, one person's foot upon the window, and the other's upon the rails before the house. - It was just dusk, hardly dark.

Ann Stone . I was servant to Mr. Castor; I was robbed of some linen that night.

Joseph Uptabake . - I have known Leekey about 14 or 15 months; he is a Jeweller by trade: on the 3d of May, between the hours of 8 and 9 in the evening, just at the enclosure of the day; - it was light enough, that you might discern a person's face almost cross the way, as it was a narrow street. As the prisoners were going by Mr. Mallard's house, Leekey saw some linen standing in a basket close by the window, called us back and shewed us the window, he lifted up the sash, took down the blind and went in at the window, took the linen out of the basket, tied it up in his apron, and handed it out to Robinson; I was on the other side of the way upon the watch; he came out at the window again; he said he would have opened the parlour door, and have come out at the street door, but there was a dog barking, and he was afraid he should disturb the house; then we went to Elizabeth Cane 's; she went likewise by the names of Lawrence and Lomax. The man she lived with, his name was Lawrence. She bought all these things, and gave us a guinea and a half for them. There were about 3 or 4 l. in money; most of it was gold, there were some half guineas, and the money was equally divided between us.

Q. Did you know Cane before?

Uptabake. Yes, and she knew us; she knew we got out money by thieving; when we went with any things she used to ask us what part of the town they came from, that she might not go there to sell them. - She asked us wha t part of the town these came from, and what we would have for them; we asked her a good deal more than we thought she would give us, because we knew she would give us little enough. - There was a white gown, some aprons, a white waistcoat or two, &c.

Mary Addington - The prisoner used to follow Billingsgate; her business was to sell fish . - I don't know that she dealt in any thing else; I never knew any thing but that she was an honest woman. Several other witnesses, who had known her a great many years, gave her the character of an honest woman. Cane, Guilty . Leekey and Robinson were acquitted of the Burglary, and found Guilty of the felony, to the value of 39 s.

[Transportation. See summary.]

10, 11. + James Leekey , and William Robinson , of St. Giles in the Fields , were indicted for breaking and entering the dwelling-house of Hugh Gibb , in the night-time, and stealing two silk gowns, value 4 l. 10 s. a pair of stays, value 1 l. 10 s. a petticoat, value 1 l. a pair of silver laced shoes, value 15 s. a shirt, value 10 s. a sheet, value 2 s. and a waistcoat, value 1 s. the goods of Hugh Gibb , in his dwelling-house , April 17 .

12. And Elizabeth Cane for receiving the same, knowing them to be stolen .

Mr. Gibb was called, but did not appear.

Joseph Uptabake . Mr. Gibb, at Hick's-hall, said he would not be sworn upon a book; that he was a Scotchman, and it was a matter of conscience to him, and desired to be sworn by holding up his hand, but the Grand Jury would not agree to it, so his name was scratched off the bill. One night, I can't tell when it was, within these 5 or 6 months, the prisoner and I went to Mr. Gibb's, and finding the door upon the latch, we opened it, and went in, forced open the parlour door, and brought several things out of the house, there were gowns, a pair of stays, a pair of silver laced shoes, and several other things; we carried them to this Elizabeth Cane , she looked them over, and gave us 50 s. for them. - I believe we asked her about 4 l. but we were always willing to ask her enough, because we knew she would give us little enough: she has been endeavouring, since I have been in prison, to stifle my evidence.

Q. How long is it since this was done?

Uptabake. About 6 or 7 months, but I can't tell the day of the month or week. - I know it was between 9 and 10 o'clock, it was pretty dark.

There being no other evidence upon this indictment but the accomplice, the prisoners were acquitted .

13, 14. + James Leekey , and William Robinson , of St. Mary Lebone (together with Robert Graham , not yet taken) were indicted for breaking and entering the dwelling-house of Henry Thompson in the night-time, and stealing a gold ring, value 15 s. a gold ring set with a ruby, value 10 s. a silver spoon, value 8 s. a snuff box, value 6 s. a silver medal, value 2 s. a pair of silver shoe buckles, value 10 s. a pair of silver knee buckles, value 5 s. a cloth coat, value 20 s. an India damask waistcoat, value 1 s. a pair of breeches, value 10 s. and a calimanco petticoat, value 20 s. the goods of Henry Thompson in his dwelling-house , September the 19th .

15. And Elizabeth Cane , otherwise Lawrence , for receiving the same, knowing them to be stolen , Sept. 19 .

Henry Thompson . On the 19th of September, about 8 o'clock at night, my house was broke open. I lost in money and goods to the value of 20 l. there were about 3 or 4 pounds in money, most of it was gold, there were some half guineas among it. The money, rings, and those things that were most valuable were in a bugle worked box, which stood in the back parlour; the door was forced open, and the box was taken away.

Joseph Uptabake . On a wednesday or thursday night, two or three days before Croydon fair, Leekey, Robinson and I, went out as usual, and going by Mr. Thompson's door, we saw it upon a jar; Leekey went in, and broke open the parlour door, and Robinson brought out a bugle box, then I went in and brought out several things, and Leekey came out with a bundle up to his chin; we carried a candle in a dark lanthorn, which we bought for that purpose. - Robinson carried the candle in, and stuck it upon the drawers, and we left it there.

Q. to Thompson. Did they leave a candle there?

Thompson. Yes, and it had like to have burnt the house; it was stuck upon some drawers. I forgot to mention the candle.

Uptabake. There were about three or four pounds in money, chiefly in gold, most of it were half guineas; there were rings, a snuff-box, and several things I can't remember.

Leekey. They ought to be separated; their hearing one another corroborates one another's evidence.

Uptabake. We broke the shell out of the snuff-box, and sold the silver with the rest of the things to Cane, for 4 l. 4 s. The money was equally divided between us, and with the money we shared, Leekey and Robinson went to Croydon Fair in a chaise and pair - Robert Graham was equally concerned in it.

Leekey. Why did not you put the money into the information?

Uptabake. I think it was so.

Leekey and Robinson, Guilty Death .

Cane, guilty as an accessary.

+ James Leekey , and William Robinson , of St. Paul's Convent Garden , were indicted for breaking and entering the dwelling-house of Samuel Johnson in the night time, and stealing five shirts, value 35 s. ten shirts, value 1 l. 10 s. a cloth coat, value 1 l. a great coat, value 8 s. a waistcoat, value 9 s. and five sheets, value 20 s. his property , Sept. 16 .

+ James Leekey , of St. James, Westminster , was indicted (together with William Lawrence , otherwise Lomax , not yet taken) for stealing three silver castors, value 3 l. a large silver castor, value 2 l. six silver spoons, value 10 s. and two silver castors, value 3 l. the goods of William Blackstone , in his dwelling-house , June 3 . And

Elizabeth Cane , otherwise Lawrence, for receiving the same, knowing them to be stolen . They were not tried upon these two indictments.

[Transportation. See summary.]

16. Margaret Smith , of St. Margaret Westminster , was indicted for stealing a wooden box, value 6d. fifty-nine yards of lace, value 4 l. three gold rings, value 20 s. half a pound of green tea, value 4 s. a quarter of a pound of bohea tea, value 2 s. and a handkerchief, value 6 d. the goods of John Richardson , Oct. 27 .

Margaret Richardson . I lost a box of lace, &c. it was lost from Kensington Gate . I had been at Kensington, and it raining very hard, I left them at Mr. Lewis's. The Prisoner was found on Turnham Green, and three pieces of the lace, the box, and handkerchief, were taken from under her petticoat; but she said she found them.

James Scot . Mrs. Richardson left these goods at Mr. Lewis's, till I had an opportunity of bringing them to town. I took the box from Mr. Lewis's, put it upon a wooden horse that I carry my lamps upon, and it was lost from thence - I am a lamplighter. The goods were advertised with two guineas reward. I went in search after the Prisoner, and found her near the Packhorse on Turnham Green, and the lace upon her. I said, I take you in the King's name, on suspicion of theft; for I had no warrant. She said, she would go with me with all her heart.

Prisoner. I offered the lace publickly to sale at Kensington.

Q. Do you know any thing of her showing the things publickly?

Scot. I heard she was selling them about the Town of Kensington.

Mary Thomas . I saw the Prisoner setting on the pole of the horse. I saw her some time after with a box of lace in a handkerchief. I saw her afterwards at Chelsea, and she had got a basket full of goods, and a shift, an apron, and other things. I said, she had had good luck. She said, when the King went out of Kensington, she had a gift given her. I said, she had better luck than I; for the King did not give me any - she sells pins and thread. As she opened her basket, I saw three pieces of headlace in it.

John Lewis . Scot had the things from my house, and put the handkerchief and box upon the horse. I tipped Mary Thomas the wink, and said, don't you want any thing of this woman? she looked and saw the lace in the basket. When she was taken up, she said she found them under the Park-Wall. Guilty 4 s. 10 d.

[Transportation. See summary.]

17. William Skipper , was indicted for stealing a handkerchief, value 12 d. the goods of William Clark , Nov. 5 .

William Clark . As my Lord Mayor was going to St. Paul's, I lost a handkerchief out of my pocket.

William Broomer . I saw the Prisoner take a handkerchief out of the Prosecutor's pocket, and the handkerchief was taken from the Prisoner: he owned it, and said it was the first fact, and begged for mercy. Guilty 10 d.

[Transportation. See summary.]

18. Lewis Goldsbury , was indicted for stealing three pound of tobacco, value 12 d. the goods of William Anderson , Dec. 3 .

Jeremiah Macsall . I saw the Prisoner come out of the hold of a lighter, with his breeches full of tobacco, and one of his pockets - He is a porter on the Keys, and works sometimes for two-pence or three-pence, if he can get six-pence another way.

Q. Was it an empty lighter?

Mascall. The last hogshead was taken out of the lighter - It was not loose tobacco. They were very good hands. Acquitted .

19. David King , of St. Botolph, Aldgate , was indicted for stealing a silver spoon, value 7 s. the goods of Humphry Rann , Nov. 30 .

Humphry Rann. The Prisoner is my apprentice , he stole a silver spoon from me, which he carried to Mr. Malpas, and he cried it. The Prisoner would not own it at first, but after I took him up he owned it.

Mr. Malpas. On Friday last, the Prisoner brought a spoon to me, and offered to pledge it. I suspected him; and upon asking him various questions, I found it was not his property. I asked him whose it was. He said it was the property of his sister, and he would fetch her, which he did; but her account being but slender, I stopped the spoon, and had it cried. Mr. Rann said it was his spoon, and when the spoon was produced to the Prisoner, he owned the fact. Guilty .

[Transportation. See summary.]

20. James Deale , was indicted for stealing a curry comb and brush, value 18 d. the goods of Gerrard Leach , Nov. 13 . Guilty 10 d.

[Transportation. See summary.]

21. Elizabeth Wyatt , otherwise Newell , of St. Luke's , was indicted for stealing two blankets, value 2 s. a cotton gown, value 4 s. and a sheet, value 6 d. the goods of Robert Sudger , Nov. 30 .

Robert Sudger . I lost these things, I apprehended the Prisoner in Swan-Alley, and she had them in her apron. I asked her where she had them. She said, D - n her eyes, she would not tell me; but before the Justice she said she bought them in Rag Fair.

Sarah Sudger 's evidence was to the same purport. Guilty 10 d.

[Transportation. See summary.]

22. Hannah Roffe , was indicted for stealing a shift, value 7 s. the goods of Mary Thresher , October 31 .

Ann Hilliard . I am a washerwoman: I missed a shift off my line about four o'clock in the afternoon: the Prisoner had the shift under her cloak, and my sister and I took it from her.

Ann Farmborough . I saw the Prisoner come out of the entry, and I said to her, good woman what do you want? She made no answer; so I thought she was hard of hearing. I called to Mrs. Hilliard, and the shift was taken from under her apron. Guilty 10 d.

[Whipping. See summary.]

23. + John Hill , of St. Andrew, Holborn , was indicted (with Edward Gascoign , not yet taken) for assaulting Humphry Collison on the King's highway, putting him in fear, and taking from him a japan tea-chest, value 31 s. 6 d. six cups and six saucers, value 46 s. and a box with counters for the game called quadrille, value 19 s. the property of John Prestage , Oct. 16 .

Humphry Collison. On the 16th of October, between eight and nine at night, as I was going along Bedford-Row, I met three young men - I cannot be positive that the Prisoner is one of them. And just by the King's Road one of them, which it was I can't tell, got hold of my mouth, and forced my jaw open, and got hold of my tongue, that I was not capable of speaking; and one of them blinded my eyes with his hand, that I could not see; one of them put his hand into my breeches pocket, and took out three or four keys; and then somebody said, D - n him, or G - d - n him, bit him on the head; and one of them did hit me on the head; and then they espied this parcel, and struck me upon the hand, and beat it out of my hand upon the paved stones.

Q. What makes you think the Prisoner was one?

Collison. At the first sight of him, I took him to be one; but I can't swear to him. I believe this is the trunk: this key in particular I can swear was taken from me at that time.

Q. When did you hear of the Prisoner's being taken up?

Collison. I heard it the Friday morning following. I was sent for to Justice Fraser's.

Joseph Waters . Edward Gascoign , John Hill, and I, robbed Collison of these things about nine o'clock at night - it was done at the upper end of the King's Road, by Red-lion-street. Hill put his hand before his eyes, and said, D - n him, he looks; Gascoign put his hand in his pocket, and took out some keys, and I took the tea-chest, &c. from him, and went off with them.

Q. Did any of you hit him over the head?

Waters. We hit him but one blow over the head, and that John Hill hit him.

Q. Where did you carry the things?

Waters. I carried them to Saffron-hill, and left them at a coffee house: the woman asked me how I came by them. I said, I was going on an errand into Cheapside with them - I think it is Will's coffee-house, it formerly was a brandy-shop; but the woman never bought any thing of me, and never knew that I went a thieving. When I was before Justice Fraser, I sent for the things, and she delivered them up directly.

Q. How long have you been acquainted with the Prisoner?

Waters. About two years - we did not live together - Gascoign brought me acquainted with him, and we used to meet at Gascoign's house in Jack Adams's Alley (I think it is.) Gascoign was brought up near me almost all his life-time.

Q. Where had the Prisoner, Gascoign, and you been that night?

Waters. We had been upon other things, to see if we could get any thing: after I had left these things at Saffron-hill, we went to an alehouse.

Q. How had you money?

Waters. I had a great quantity of money - I deal in hard ware, and keep a house in Hare-street, in Cold-bath-fields; and these fellows used to say, if I did not give them money, or go along with them, they would hang me; and when I heard that John Hill was taken up, I voluntarily surrendered myself, and gave an information; and I would have done it sooner, only these rouges would not let me alone.

Q. Who did you surrender yourself to?

Waters. To one Quaite. - I believe he is a bailiff.

Q. How came you to think, that he was a proper person to surrender yourself to?

Waters. Because he took Hill.

Q. Then Hill's being taken, frightened you?

Waters. No, I was not at all afraid, for if Hill had not been taken, I would have surrendered my self that night.

Q. But that made you go and do it directly, did it not?

Waters. It did, Sir.

- Prestage. These are my property, I sent my servant with them that night to one Mr. Peacock's.

Miles Carrol . I took John Hill about twelve o'clock at night. - I was sent for to Justice Fraser's to take Hill into custody, for I did not take him up; Hill was there. Hill acknowledged Waters, Gascoign, and himself to be guilty of several robberies; - (this was the night before Waters made the discovery) and Hill desired the constable to intercede with the Justice, that he might be admitted the evidence, and he promised that he would make an ample discovery; I carried Hill to the Gatehouse about eight o'clock in the morning. After that Waters was brought to me, and he begg'd that he might be admitted the Evidence. I said, Hill has impeached both you and Gascoign; and when he was before the Justice he said he could impeach nine people, and he said he had left the things at a brandy-house and coffee-house on Saffron-hill.

George Quaite . I was at the taking of Waters, Edward Hill, and John Hill: we took Waters at his mother's room, and he told us the things were on Saffron-hill, and they were sent for. Guilty . Death .

24, 25. + Edward * Hill , and John Hill , of St. Andrew's, Holborn , were indicted for assaulting Elizabeth the wife of Francis Quaite , on the King's highway, putting her in fear, and taking from her a linen pocket, value 6 d. and 18 d. in money , October the 17th .

* Edward Hill is the father of John Hill.

Elizabeth Quaite . I was going up the King's Road , at the bottom of Gray's-Inn-Lane , on the 17th of October last, and was robbed; one man stopped me first, and said, Hollo.

Q. Do you know who that man was?

Quaite. It might be this Edward Hill, I thought it was him, but I am not positive to him.

Q. What time was it?

Quaite. It might be before eight, or after, and John Hill, by name, came after me, and held a stick cross my and nose, but did not strike me: one of them took my pocket, in which was a shilling, and six-pence in half-pence, or rather more, and I took this stick from him in the action [the produced a pretty large bludgeon.] There were John Hill, Waters, and Gascoign came up to me. The first that came up, said, Stand and deliver, you bitch, or you are a dead woman. What's your will, said I; he said, What you have, and I said, If you take what I have, don't use me ill, and Gascoign clapped a pistol to my breast, then I went up the King's Road, and cried out, Murder, and my husband and some others came to my assistance.

Q. What were you going about?

Quaite. To buy a tin kettle, as I had been going to do several nights before.

Q. How came those men to be there?

Quaite. They had been after them several times before.

Q. How came your husband to be at the bottom of the street?

Quaite. He heard me cry out murder, and they came to my assistance, - there were George Quaite , Isaac Hawes , and William Tring .

Coun. Was not you directed to go into the King's Road in order to be robbed?

Quaite. No.

Coun. Did not you receive a shilling for that purpose ?

Quaite. No.

George Quaite . I am a labourer, and sometimes assist some of the Sheriffs officers.

Coun. to Francis Quaite . Did not you go out that night on purpose to go a thief-taking?

Francis Quaite . I did.

Coun. Did not you send your wife there to be robbed?

Quaite. No, I did not send her to be robbed.

Coun. How came you to go there then?

Quaite. I went with a design to take them, because I knew they had robbed in that road several times.

Joseph Waters . On the 17th of October, John Hill, Edward Hill, Gascoign, and myself went out together. John Hill took hold of Mrs. Quaite's pocket, and not getting it presently, old Hill came up, and said, what are you so long about? and John Hill was taken in the fact.

Coun. How do you know that old Hill was along with you?

Waters. I told it directly that he was.

Coun. How long had you been acquainted with him?

Waters. Only that night.

Coun. What! did not you know him before?

Waters. I knew him as John Hill's father, but no otherwise.

Coun. Did Edward Hill ever rob with you before?

Waters . Not before that night; he was in two or three robberies with me that night, - we robbed one man in Gray's-Inn-Lane by the alms-houses, and another man of a coat and a bottle of gin, and old Hill said he would have the bottle of gin for his own drinking; though he never went out with us before, he knew what his son did, we have told him what we went about, and he bid us take care of ourselves. - I was taken up the very night this robbery was committed.

Edward Hill the prisoner. George Quaite and his son, Isaac Hawes and Haines the Thief-takers, came and took me out of my bed; they did not come on purpose for me, they came to search my house for some of the lodgers, for 'tis full of lodgers, and when they could not find the persons they wanted, they said, D - n it, if they could not get the others, they would take the old man, and they would hang him for the sake of the reward.

Robert Miles . Mrs. Quaite came that night to my shop, and said she had paid my wife all the money she had, and yet she said she was going to buy a tin kettle, and she said, I hope to God I shall get a brass one. After these men were taken up, says she, pray shall I come in for any part of the reward? I said, how can you come in for any part of the reward, when you could not be robbed, because you had no money?

Daniel Dennis . I have known Edward Hill these eight years: I never heard but he was always an honest man, and worked hard for his bread; he is a Taylor, he has worked with me, and I with him.

Richard Hull . I have employ'd him in his business, a Taylor, five or six years, and never heard any thing amiss of him.

Thomas Plummer . I have known Edward Hill better than six years, and have employ'd him often; I never heard any ill of him till this affair.

Thomas Wilson . I am a Taylor: I have known him eleven or twelve years; he has the character of a very honest man.

A Painter, who had known him thirty years, and was a school-fellow with him, gave him the character of an honest pains-taking man. Edward Hill Acquitted , John Hill Guilty , Death .

26, 27. + John Hill , and Edward Hill , of St. Andrew, Holborn , were indicted (together with Edward Gascoign , not yet taken) for assaulting John Turner on the King's highway, putting him in fear, &c. and taking from him a hat, value 2 s. a perriwig, value 20 s. a penknife, value 2 d. two iron keys, value 1 d. a silk purse, value 2 d. a brass ring, value 1 d. a brass medal, value 1 d. and 2 d. in money, the property of John Turner , October 17 .

John Turner . On the 17th of October, as I was going by the alms-houses in Gray's-Inn-Lane by the Sun-Inn , three persons came up to me, and Waters took the things out of my pocket, which are mentioned in the indictment; there was a Porto-bello piece in the purse. - I know him particularly well.

Q. Was John Hill in company?

Turner. I don't know but he might be in company, but I can't swear that he was.

Q. Was old Edward Hill there?

Turner. I can't be positive; I can't say any thing to him; Waters produced my knife and perriwig.

Q. Who took the hat from you?

Turner. Waters did; he says that young Hill hit me, and that old Hill was there, and said, knock him on the head, what makes you so long about it; they knocked me about very much: I was in a bloody condition, and went into the Sun-Inn.

Q. How were these people taken?

Turner. There was a man came the next morning, and asked if any body in the neighbourhood had been robbed. I told him I had been robbed; he desired me to come to the Green Man. I went, and there was Joseph Waters ; said I, You are one of the men that robbed me last night; and he said, I am the man that robbed you; then he said, Here is your knife, and produced it.

Joseph Waters . On the 17th of October, we stopped a man in Gray's-Inn-Lane by the alms-houses, and took from him his hat and wig, a knife, and a Porto-Bello piece, and Edward Hill hit him over the head with a stick.

Q. How do you prove that Edward Hill was there?

Waters. He was there as sure as I was there.

The Prosecutor not being positive to either of the Prisoners, and there being no other proof against them, but the evidence of the accomplice, they were acquitted .

28, 29. + John Hill , and Edward Hill , of St. Andrew, Holborn , were indicted for assaulting Richard Dorrington on the King's highway, putting him in fear, &c. and taking from him a cloth coat, value 4 s. a glass bottle filled with a spirituous liquor called geneva, value 10 d. two ounces of tobacco, value 2 d. a tobacco box, value 2 d. and three halfpence in money, the property of Richard Dorrington , Oct. 17 .

Richard Dorrington . On the 17th of October last I was robbed in Gray's-inn-lane by four people - there were old Hill, and his son, and Gascoign; Gascoign pointed a pistol at me.

Q. Do you know old Hill?

Dorrington. Yes, when I see him.

Q. Did you ever see him in your life?

Dorrington. I might meet him in the street, but I never saw him in conversation.

Q. Did you ever see him in your life to be told his name?

Dorrington. No.

Q. Do you know him any otherwise than as Waters told you?

Dorrington. No - I was robbed of my coat off my back, and in my coat pocket was a bottle of gin, and two ounces of tobacco.

Q. What sort of men were they that robbed you?

Dorrington. One of them had his own hair.

Q. Who told you that?

Dorrington. I saw that myself.

Q. Was the man that had his own hair a tall man or a short man?

Dorrington. He was much about my size [a middle size.]

Q. Was he an old man?

Dorrington. I believe he might be turned of fifty.

* The description that Dorrington gives of Edward Hill is pretty just, he wears his own hair, is a middle sized man, and appears to be turned of fifty years of age.

Q. Did you know him to be of that age?

Dorrington. Only from what the evidence said.

Q. Do you know Gascoign?

Dorrington. I don't know him.

Joseph Waters . John Hill, Edward Hill, Gascoign, and I, went up to a man, and asked him, what money he had; he said, he was a poor man, and had none; we took his coat, and a bottle of gin from him: they would have taken his breeches off, but I would not let them.

Coun. How do you know Edward Hill was there?

Waters. He said he would have the bottle of gin for his own drinking.

Coun. Would you swear to the bottle of gin?

Waters. Yes.

Coun. Do you know one bottle of gin from another?

Waters. No, I don't know that. Acquitted .

+ John Hill, was indicted (with Edward Gascoign , not yet taken) for assaulting Richard Howard on the highway, in the parish of St. Andrew, Holborn , and taking from him a cloth coat, value 4 s. and eighteen-pence in money, his property , Oct. 16 . but was not tried on this indictment.

30. + Elizabeth Quinsby , of St. Botolph, Alddergate , was indicted for stealing a horn snuff-box, value 12 d. a knee buckle, 2 d. a linen stock, 12 d. a stock buckle, 2 d. and four-pence halfpenny in money, the property of George Robertson , privately from his person , Nov. 1 .

George Robertson . I met the Prisoner in Petticoat Lane , and she took a stock and stock buckle off my neck, and two shillings and four-pence halfpenny out of my pocket. I went with her into a broken house, there are several old houses which are uninhabited, and being pretty much in liquor, I fell asleep, and slept I believe for about half an hour. When I waked, I missed the things and my money; it was about three o'clock in the morning before I came out of the broken house - I know I had the stock on, and I had the money, when I came from a publick house that I had been at; and there was no other person that I had any thing to do with. There were my snuff box and a knee buckle found in her pocket.

John Bentley . As I was beating my rounds about four o'clock, I met the Prisoner, and she asked me to light her candle. I said, she might light it and welcome. She said, Watchman, as you are coming this way, I desire you would go with me in here; for Jemmy is got drunk, and will not go home without a dram, and may be you may get a dram. When I went there, Mr. Robertson, the Prosecutor, as standing at the door, and the Prisoner said to him, it is a cold morning, let the watchman have a dram. We went to a house, and she filled a cup, and gave it me, and she would have given the Prosecutor some, but he would not have any. He desired me to stay a little, and the Prisoner said, let us have another dram, for I have another three halfpence left. When that was drank, she was going away, and the Prosecutor said, I charge you with this woman for picking my pocket, and upon searching her the knee buckle and snuff-box were found in her pocket, and some other odd things of the Prosecutor's were found by her direction in the empty-house. She said, she had not the money; and as to the other things she picked them up, and did not know whose they were.

Prisoner. The Prosecutor asked me for a lodging, and I went with him into this empty house, and we staid there two or three hours, and when we came out, he charged the watch with me. Acquitted .

31. Mary Dalby , of St. Bartholomew the Great , was indicted for stealing three shirts, value 3 s. the goods of William Edwards , Oct. 18 .

Elizabeth Harris . I was a nurse in Mr. Edwards's house; the Prisoner came in at a back alley, between three and four in the afternoon, and broke the door of the room open - She burst the door open by breaking the lock, which made a louder noise than a pistol can do. I listened and heard her feet go cross the room: I went up stairs, and saw the door on a jar. I was afraid of going in for fear there should have been men with their cutlasses. I went to the door, and she bounced out upon me - I know her from one of an hundred, a brazen faced jade: I laid hold of her, and it came off in my hand; I laid hold of her another time, and a second piece came off; I hold of her a third time, and she got away: I went after her, and cried out, Stop Thief. and she was taken in the alley. Mr. Edwards had desired me to give these shirts out to wash, I had laid them upon the table, and when I went up to look for them, they lay upon the ground, between the stove and the wall: nobody had been in the room.

Daniel Ward . I live in the same house; the last witness came up, and asked me if any body had been up stairs. I said, No. She said, she heard somebody's feet. The Prisoner was then got into the alley. I went down and took her. She said, Don't hurt me. And I said, I would not. Guilty 10 d.

[Transportation. See summary.]

32. Henry Webb of St. Martins Orgars was indicted for stealing a pound and a quarter of bohea tea, value 8 s. a quarter of a pound green tea, value 18 d. a brush, value 3 d. three Hats, value 12 s. and a bag, 4 d. the Goods of Joseph Cross and Robert Harris , Oct. 26 .

Richard Walker . I am servant to Joseph Cross and Robert Harris , the Prisoner was porter to them. On the 25th of Oct. last, I sent the Prisoner out with some empty casks to an inn; while he was gone, I was getting another parcel ready, and looking for some old Ropes in a lumber hole, I found a parcel of tea in three papers, the whole about a pound and half; I shewed the tea to my master, and said I had found a hoard of somebody's, but God knows whose it was: my master bid me put a private mark upon it, and I put R W and a little cross between, and put it in the same position as I found it, and watched to see who took it away; It was not moved that day, but the next day I was looking through a sash-window, and saw the Prisoner come out with a candle from behind a partition, and set the candle upon the counter, and went behind the partition again; I thought he was going to make off with what he had, and presently I heard the door go, and went in pursuit of the prisoner, and caught him with this bag in his hand, and brought him back. There were in the bag, three men's hats, three papers of tea and a hard brush; the hats were marked with my master's mark, and the tea had the marks I put upon the papers; the Prisoner owned the thing, begged pardon, and said it was the first time.

Nathaniel Perne These things were found in a lumber hole; my master ordered me to go down to take an account of the marks that were upon the papers, which he had ordered to be put upon them; as to the hat, they were my own marking: the prisoner confessed he took them out of a press, close to his bed-side.

Prisoner. I found the three Papers and the brush, and moving some boxes I found three hats in a bag, I thought some servant had hid them there, so I took them and did not make a Discovery.

Robert Talbot . The Prisoner was formerly my servant, and behaved very well; I recommended him to Mr. Cross, I sent down to one of his Majesty's justices of the peace in the county of Somerset, for a certificate of his behaviour there [a certificate under the hands of the minister and church wardens of the parish where the Prisoner lived was produced, but was not admitted to be read in Evidence].

The Prisoner desired his master Cross would speak with regard to his Character.

Joseph Cross . Dost thou desire me to speak any thing in thy behalf?

Prisoner. If you please, Sir.

Cross. This poor creature was recommended into my family, and I took him as a single man; but I understand he has a wife and four or five children, and as this is the first fact, I humbly hope the court will be merciful to him. Guilty 10 d.

[Transportation. See summary.]

33, 34. + Elizabeth Williamson , otherwise Perkins and Sarah Jackson were indicted for assaulting Richard Artwell on the King's Highway, putting him in fear, and taking from him a stock, value 12 d. and a stock buckle, value 2 d. Nov. 25 .

Richard Artwell . Last sunday was sevennight in the forenoon, I went on the other side of the water, and dined at the glass-house, and came with a boat load of people and landed at Black Friers; between 9 and 10 o'Clock I came up Shoe-Lane, and coming up Shoe-Lane whether these people struck me down, or whether I fell down God knows, when I was down I was attacked by three women, the Prisoners at the bar, and several more women fell upon me; they opened my coat and waistcoat and took my stock off my neck, and I was almost throtled by them.

Q. How do you know it was those two women?

Artwell. I took one of them directly - the farthest of the two [Jackson,] I don't know their names, how should I know their names? this gentleman [Mr. Capel ] came and knocked them off me, with his stick.

Q. Could you see so as to distinguish who they were?

Artwell. How should I see when I was throtled?

Q. How many women did you see?

Artwell. I did not see any women till I was down, to my knowledge.

Q. Did you see nobody?

Artwell. Not that I know of.

Q. You seem to come in jest: was you in Liquor ?

Artwell. I was neither drunk nor sober.

Q. Was you drunk?

Artwell. No I was not drunk, if I was, I could not have set with the watchmen till four o' Clock in the morning, drinking with them.

Q. Was the stock and stock buckle you lost taken off from your neck, or was it lost in the bustle?

Artwell. No it was taken away from me, and I took one of them up directly, and my collar was open.

Q. Shoe-lane is a dark place, and it was a very dark night.

Artwell. It was a very dark place to me.

Q. Was it a moon-shining night, or what sort of a night was it?

Artwell. It was light enough for me to know them - I am a pipemaker, I live in Liquorpond Street.

Q. You say you are sure to one of the women, how do you know the other?

Artwell. By her face. I must certainly see her face, when she was upon me; how could I see any body's face in this court?

Coun. I should be glad to know what time you went on the other side of the water?

Artwell. About nine in the morning.

Q. And you staid till nine at night?

Artwell. Yes - I drank beer in the morning. I can't tell how much, for there were two or three in company at a publick house.

Coun. It is very likely then that you should be sober, and be drinking all that time.

Q. Did you see the Prisoners before you were knock'd down, or after?

Artwell. It was after: I can show you my arms that they are black and blue now.

Samuel Capel . As I was coming down Fleet-street, by the end of Shoe-lane, I heard this man cry out, I am robbed, I am robbed, I am murdered. I went to his assistance, and there were three women upon him; two of them run away, and Williamson stood by with the stock and stock-buckle in her hand - I will swear she is the person who had the stock and stock buckle in her hand.

Q. Did she give you the stock?

Capel. No, she had the stock in her hand, and the buckle dropped out of the stock in the lane.

Q. Do you know Artwell?

Capel. I never saw him before in my life.

Q. What did Williamson do to him?

Capel. I never saw Williamson touch him; then she went into her sister's - she went into one of those houses just by, and she said she picked the stock and stock-buckle up, and that the Prosecutor was a friend and an acquaintance of hers.

Q. Did Williamson offer to give him the stock again?

Capel. Yes, and he would not take it.

Q. Did you say there were two women upon him?

Capel. There was only one woman upon him, another stood by, and the third run away.

Richard Abel . And please your honour; at the usual time of our coming out, which is between nine and ten o'clock, I went to the watchhouse; I saw there was an uproar; I went in, and there was Sarah Jackson , and Mr. Artwell gave me charge of her for robbing him of his stock and buckle. I asked him, whether he was sure of this. He said, he was sure of it, for he brought her in by the hand, and the watchman said, he brought Jackson in. I asked Jackson who was concerned with her, and she mentioned Williamson. Said I to our houseman, she belongs to a house of ill same; go and see if you can find her: for she goes by the name of Moll Perkins, though she often answers to the name of Willia mson. As soon as she came in, this countryman [Capel] and Mr. Artwell said, this is the woman that was upon him.

Q. Do you know Williamson?

Abel. I know her, as being the sister of Mrs. Horne, and that she did live in Liquorpond Street. Mr. Capel said, there were several women upon Artwell, and that he knocked three of them off with his stick.

Q. How do you know she goes by the name of Perkins?

Abel. Only as I am told.

Q. Did you ever know her before to go by the name of Moll Perkins?

Abel. No, nor by the name of Elizabeth Williamson - the watchman told me her name was Moll Perkins, and that she sells hearts and livers about streets for her living. I bid the beadle ask Jackson who was concerned with her, and she gave him the names of two persons.

William Stanton . I have the honour of being one of the Ward Beadles to Alderman Hoare; it was my night to set the watch: when I came to the watchhouse, I found it exceeding full, and Jackson was there. The Constable upon some demur made a mistake in the name, because she never went by the name of Mary Perkins , but her sister went by that name. I asked the Prosecutor what charge he gave. He said, A street robbery. But he was so drunk, that he could not tell any thing at all of the matter; it was impossible for him to know her again. I attended the Constable the next day before the sitting Alderman, and Mr. Artwell swore hard against the Prisoners. I said to Sarah Jackson , consider what you are going to do, and tell us whether Williamson was along with you, and she mentioned the two following names, which I wrote down in this manner, viz. Sarah Jackson says, that Jane Norbury and Pat Bristow, alias Little Pat, were along with her; and then Jackson declared that Williamson was not concerned.

Q. Was the stock produced in the watchhouse before Elizabeth Williamson was brought there?

Stanton. I can't tell the circumstances; I'll bring a person who will speak more to the matter than I can.

Rayment Large, (a Watchman.) Mr. Artwell came very drunk into the watchhouse with a young woman, and swore she had robbed him of his stock; and she said, look into your bosom, and see if it is not there; and she put her hand into his bosom, and drew the stock out.

Q. Was the stock produced in the watchhouse before Williamson was brought in, or afterwards?

Large. It was before: I am sure it was. The stock and buckle are not worth six pence; it is only a brass buckle.

Q. to Stanton. Did you say you knew Williamson?

Stanton. I have known her twelve or fourteen years. She has been a hard working girl all that time: hay, I may say twenty years. Selling in the morning livers and lights, and in the evening sheeps-heads. And as I have been a Beadle five years, I must have known her, if she had been upon the loose order.

Richard Boston . I have known Williamson near thirty years, almost from her birth, and I never heard any thing but what was good of her; she sells livers and lights about 11 o'clock, and baked heads in the evening. I was Church-warden last year. Acquitted .

35. + Robert Carter , of St. Botolph, Bishopsgate , was indicted (together with three other persons unknown) for assaulting Thomas Welldy on the King's highway, putting him in fear, &c. and taking from him 4 s. 3 d. in money , Nov. 19 .

Thomas Welldy . On the 9th of November, between 9 and 10 o'clock, or about 15 minutes after 9, I saw the Prisoner, and some others with him, they passed me in Old Bethlehem; there was the prisoner, another man, a woman, and a little boy: as I came by the posts in Moorfields , the little boy and the woman came close up to me; said I, You little dog, do you want to pick my pocket? and the prisoner said, D - n your eyes, what do you want? the little boy drew a knife at me, and said he would immediately let my puddings out, if I did not let him have what I had; the woman had a knife, and she threatened to rip me up; I had just 4 s. 3 d. which they took from me; there was another fellow along with the prisoner, and he gave me a great blow, and said, D - n your eyes, take that, all the black-boy-alley boys are not taken yet.

Q. How do you know the Prisoner was one of them?

Welldy. I took particular notice of his feet, for he is lame; I know he is the person, for he held me by the collar, the moon shone, and the lamps were lighted, - it was by the lamps facing Bethlehem-gate, close to the rails; when he was taken the other day, I was sent for by the constable, and I said I had been abused and robbed, but I did not mind the money so much as being abused.

Q. How do you know he is the very man?

Welldy. He had a long reddish beard on then, he is the man that held me.

Prisoner. I desire that Mr. Lloyd, the man that took me last Sunday, may not be present while the other witnesses are examining. [Mr. Lloyd was ordered to withdraw.]

Prisoner. Why did not you discover that you had been robbed, directly?

Welldy. I told it to my family, and to a great many people that night, and to an hundred, I am sure, since.

Q. Did you ever tell Mr. Lloyd of it before the Prisoner was taken up?

Welldy. I never saw Lloyd till I was sent for; I have said many a time, that it was a lame-footed man that took hold of me.

Thomas Lloyd . I know the Prisoner to be a common pick-pocket, and has been so for a matter of 14 years. Mr. Welldy was in company with two or three more, and owned that he had been robbed in Moorfields; there were two men who knew the Prisoner very well, came to me, and said they believed they knew where he was to be found; that he used to be about St. Paul's Church-yard, and under Newgate, and last Sunday night I took him under Newgate.

Prisoner. Mr. Lloyd took me up about a month ago, but he could not make any thing out against me, so I was discharged; and he said, though he could not keep me then, he would have me again. Guilty , Death .

37. Thomas Madringham , of St. Mary le Strand , for receiving the same, knowing them to be stolen .

Ann Hubert . I live in Bridges-street, Covent-Garden . - My husband is abroad, I missed these things, Nov. 9. The Prisoner was my servant; she had been with me ten days, and then robbed me of these things; I got a warrant, and she was taken up the 10th of November, and then she confessed the having them, or I could never have found them, she said she had them all, and that they were not made away with. - I have had them all again, except a few trifles, which are of no value at all. Mr. Gray the constable went in search after them, and brought them to me at Sir Thomas Deveil 's. She was a very honest person, as I thought.

James Gray . I had a warrant the 10th of November, to take up the woman prisoner, who was servant to Mrs. Hubert; she lodged in Long-acre, at a Figure-maker's; she confessed the fact, and said, if I would go along with her, she would deliver liver all the things to me, from under a floor in a two pair of stairs room in Swan-yard in the Strand, where Thomas Madringham lodged. I went there, and she went into a closet, and pulled out these things, and gave them to me, and I carried them to Sir Thomas Deveil 's. - Madringham said his wife gave them to him, but he did not say how she came by them; he was not at home all that night, and came home at six o'clock in the morning with a candle in his hand.

Jane Watkins Guilty, 39 s.

Thomas Madringham Acquitted .

[Transportation. See summary.]

38. + Lucy Tanner , of St. Paul's Covent-Garden , was indicted for stealing two holland shirts, value 10 s. two petticoats, value 7 s. two cambrick caps laced, value 10 s. a cambrick handkerchief, value 5 s. a cambrick tucker laced, value 5 s. a pair of cambrick ruffles laced, value 5 s. and two checquered aprons, value 1 s. the goods of Samuel Price , and a stuff gown, value 2 s. the goods of Sarah Parks , in the dwelling-house of Samuel Price , Dec. 1st .

Mary Price . I have known the Prisoner ever since she was fourteen years old, I knew her to be a very honest girl formerly, and I let her live a fortnight in my house, out of mere charity, and respect to her, and I said she should live there till she could get a place; these things were found upon her.

Samuel Price . I saw the Prisoner come down stairs, she had dressed herself in my wife's gown, and had got some things in a pillow case; I asked her what she had got there, she said clothes, I followed her into the street, and the things were taken from her.

James Gray . The Constable produced the things which he said were taken from the Prisoner, and they were proved to be the property of Mr. Price. Guilty 10 d.

[Transportation. See summary.]

39. + Abraham Evans , of St. Mary le Bone , was indicted for assaulting Isabella Harvey , in a certain field or open place, near the King's highway, putting her in fear, &c. and taking from her a tin-box, value 2 d. her property, and 16 s. in money, the property of Robert Deane , Sep. 17 .

At the Prisoner's desire the witnesses were examined apart.

Isabella Harvey. On the 17th of September, I was going from London to Kilbourn, I called at Paddington to drink a tankard of beer; the Prisoner came into the house where I was - the key and garter: my cousin Harvey was with me, and she and I had a pot of ale.

Q. Did you drink to him?

Harvey. My cousin drank to him; my cousin asked me how far I was going: I said I was going as far as Kilbourn to pay 16 Shillings to one Mrs. Waters.

Q. Did you tell your cousin that?

Harvey. No, I said I was going to pay a little money, I did not say how much - I paid three pence for the beer: when the beer was drank, my cousin and I came out of the house, and the Prisoner followed us out; my cousin parted with me at Paddington , and then returned to London: when my cousin parted from me, the Prisoner insisted upon seeing me safe to Kilbourn ; I made answer, and said, I knew my way perfectly well, and wanted no company, but he would go with me, and in the third field he began to be rude with me.

Q. How far is that from the highway?

Harvey. I can't tell, 'tis in the Fields.

Q. What distance is it from the highway?

Harvey. 'Tis a considerable distance.

Q. Tell me what he said or did?

Harvey. He robbed me of my box and sixteen Shillings.

Q. How did he do it?

Harvey. He put his hand into my pocket and took the money out.

Q. Did he say anything to you?

Harvey. No, he said nothing.

Q. Did he say nothing to you?

Harvey. He said he must have my money.

Q. You said he began to be rude with you, do you think it was for lewdness, or what?

Harvey. For lewdness.

Q. Did you think he would have robbed you then?

Harvey. No, I did not, but after he had used me so, he robbed me.

Q. Did he use you as a lewd fellow, with a design to debauch you?

Harvey. That was what he did at first, and then he took my money; I run after him, and desired he would give me the money, for it was not my own; and I was only entrusted to pay it - it was Mr. Dean's money.

Q. Then you did not cry out thief. You thought he designed to rob you of your virtue, rather than your money?

Harvey. I thought so at first.

Q. Had he any pistol?

Harvey. He had not any pistol or stick.

Q. Nor put you into any fear, did he?

Harvey. No, no otherwise than being rude.

Q. What did he do to you?

Harvey. He threw me down to be rude with me.

Thomas Littlewood . On the 17th of Sept. I saw the Prisoner follow this woman into the key and garter, and she called for a pot of beer.

Q. Did the Prisoner drink with her?

Littlewood. Yes, he did - he took the pot and drank, I can't tell what share he had.

Q. Did he appear to be an acquaintance?

Littlewood. No, she said she was going as far as Kilbourn, and he said, if she would accept of his company, he would see her safe there. I have not told you how I came to know the Prisoner: I happened to be at another place, and he was quarrelling with another person, and the landlady said she would not let him have any more than one pot of beer, for he looked like a thief, and she did not let him have any more, her name is Blaker.

Robert Berridge . I am a constable; on the 17th of Sept. one Blaker came to me to let me know, there had been a robbery committed, and wanted not to take the man; he said Mr. Littlewood knew him very well, and that he was a fighting man, and was at the fighting booth, and there I saw him; some people said it was an improper place to take him, for he would be rescued: I said the best way will be, to take him when the fight is over, for I will not spoil the gentlemen's diversion, nor spoil the house. Littlewood shewed me the Prisoner, I said let them part the money first; then the Prisoner came into the room: Mr. Blaker and Mr. Littlewood said he was the man, and some of them thought it dangerous to take him then. The Prisoner run away, and the man that keeps the booth said, push; Littlewood and some others ran, but the Prisoner run so fast that they could not take him. I heard he lived in Wych-street, and I took him about three weeks after: I think it was on the 25th of October. Is not that Crispin's day, my Lord?

William Rawhole . My Lord, I am going to speak, and I hope you will not let any body interrupt me. On the 25th of October, I think it was Crispin's-day, I was at Mr. Bird's, and he said the Prisoner was at Mr. Broughton's booth, and asked me, if I knew him. I said, I did know him, but he was not there. We went to his room, and there we took him. When he was taken, he desired to be put into a room with several men, to see whether the Prosecutrix knew him: and as soon as she came into the room, she said, That is the man that robbed me, though he was in another coat then. I am not going to say, I saw the man rob her. because I did not.

Richard Bird . I was asked, whether I knew the Prisoner. I said, very well; and we took him (I think it was on the 25th of October) in his own room.

Q to Harvey. Where did you go after the Prisoner robbed you?

Harvey. I went to Kilbourn, to one Mrs. Waters's, and staid there all night.

Q. What did you say to her?

Harvey. When I went in she asked me what made me look so much frightened; I said, I was robbed, and she went with me the next morning to see if we could get any intelligence of the Prisoner.

Q. You say you was down upon the ground, then you think he took the money out of your pocket, when you were upon the ground?

Harvey. He did not take it then, he took it from me after I was up again upon my legs. I beg leave to say two words more, that when I spoke to him for my money, I observed he had a very great impediment in his speech; and the Prisoner has a very great one.

Mary Blaker . I keep the house at Paddington, where the Prosecutrix says the Prisoner was with her. I come here to prove that the Prisoner is not the man that was at my house.

Q. Do you know the prosecutrix, Isabella Harvey?

Blaker. She was at my house, and drank a pot of beer, but it was another man that was with her; I never saw the Prisoner but once before this: she came with a young man in a blue grey suit with white buttons, he was a pale man, as pale as a Sheet.

Catherine Gray . I am a servant to Mrs. Blaker.

Q. Did Isabella Harvey come to your house at any time?

Gray. Yes, but I can't tell when.

Q. Is the Prisoner the man that was with her?

Gray. No, he is not.

Q. Is he like him?

Gray. No, he is no more like him than I am.

Thomas Littlewood . I am sure the Prisoner is the man that followed Harvey into the house; I am sure he's the very man, - he was dressed in a blue grey coat, like that he has on. - I can't say that is the coat.

James Rubineau . I think the Prisoner is a moulder. I happened to be at Mrs. Blaker's when the Prosecutrix came in the day after the robbery: she called Mrs. Blaker, and said, do you know that man that was with me last night? Why, said Mrs. Blaker? Says the Prosecutrix, he has robbed me. Says Mrs. Blaker, I am surprized you should go over the fields with a man you never saw in your life: what did he use you ill? No, says she, no otherwise than in taking my money from me. Says Mrs. Blaker, you were certainly fuddled, and I would not let you have any more liquor; the Prosecutrix said then, she was robbed of a cloak, a hat, and a handkerchief; Mrs. Blaker said, you had no such things with you last night; I knew Evans very well, and when he was taken up, I went to see him, and somebody said Mrs. Harvey was a litigious woman; I said she was not litigious, but only wanted her 16 s. again.

Peter Blaker . There was a note given between the Prosecutrix and her brother, the constable, about the reward, and Littlewood said he would get the note away, and make away with it, and then they could not prosecute.

Littlewood. I never saw any note.

Q. Did you ever hear of any?

Littlewood. I never did. Acquitted .

40, 41. + William Bailey , and Rebecca Brown , of St. James, Westminster , were indicted for assaulting Alice the wife of George Ellwood , on the King's highway, putting her in fear, &c. and taking from her a pocket, value 2 d. and eight shillings in money, the property of George Ellwood , November the 9th .

Alice Ellwood . I live in Peter's-street, Old Soho ; the two Prisoners came into my shop; the woman prisoner said the man prisoner was a street robber, and robbed a man in St. James's; he wanted a half penny-worth of pease porridge, and that woman called me a great many names, because I would not let him have any; and they both dragged me out into the street by the hair of my head; I did not miss my pocket then, though I felt it rent; I run in my hair to Sir Thomas Deveil 's, and I got eleven pence from one of my acquaintance (who is hired to swear against me) to get a warrant; - I did not know but there had been a shilling, till the Justice's Clerk told it over.

Q. When did you miss your pocket?

Ellwood. I missed it before I went the length of the street.

Q. How much money had you in it?

Ellwood. There were eight shillings, and some half-pence. - My husband is a chair-man .

Coun. What business are you?

Ellwood. I keep a house of lodgers.

Coun. I thought they came to buy something of you; what do you sell?

Ellwood. I sell pease porridge and sheeps heads.

Coun. Had not you quarrelled with the man prisoner before?

Ellwood. I never had, but I was advised not to let him come into my house, for he used to make it his business to fire swan-shot at the neighbours windows, and I have seen him do it.

Q. Did you call out?

Ellwood. Yes.

Q. Did any body come to your assistance?

Ellwood. No.

Coun. Did you know the Prisoners before?

Ellwood. they lived in a place near me, he has come and broke my shop windows open.

James Robinson . The Prosecutrix came to my house, with a search warrant, to serve upon the prisoners, and I found them in Peter's-street, next door to where the Prosecutrix lives.

George Appleby . This woman [Ellwood] came to me, as being Constable last year, to inform her where she might find a Constable: I went with her to the Constable, and we took the prisoners within a door or two or Ellwood's house.

Patrick Henley . I was drinking in a house at the backside of Oxford Row, the Prosecutrix came in there, and said, she had sent two prisoners to goal, for they had knocked her down, and took her pocket off; and in the said house before witnesses she said, they did not take any thing from her.

Q. How long time was it between her saying, they had knocked her down and robbed her, and her saying, that they took nothing from her?

Henley. But a little time - about half an hour. I asked her how she could in conscience swear that, and she said she did it out of vexation for their abusing her.

Dorothy Walker . On the 9th of November, in Sir Thomas De Veil's passage, I asked Ellwood, how she could swear against the Prisoners, to for-swear herself. The answer she made was, she was sorry for what she had done, but it was out of her power to recal it; but, said she, if I had not sworn a robbery against them, they would have sworn one against me. Acquitted .

42. + Jane Morgan , of St. Luke's , was indicted for stealing nine ounces and twelve penny weight of gold thread, value 4 l. sixteen ounces of gold and silver waste, value 4 l. and six ounces of silver thread, value 15 s. the goods of Richard Panton , in his warehouse , Nov. 5 .

Richard Panton . I live in Checquer-alley, White-cross-street ; I am a silver spinner : the Prisoner living pretty near us, and being great with my daughters, came into the kitchen on the 5th of November to one of my girls, and asked her to go for a quartern of geneva: I missed these goods out of my warehouse, and enquired of my daughter, who had been there. She told me, the Prisoner had. I went in pursuit of her, and found her at a disorderly house in Beech-lane, on the 7th of Nov. between one and two in the morning. I asked her, what was become of my work? She said, she knew nothing of it. I said, yes, you do; you are a thief. At last she owned she took two bobbins weight nine ounces, and twelve penny weight of gold thread, and Stevenson delivered ten ounces of silver waste to me; but she had burnt a good deal of it - She said at first that she found it; but she said afterwards she had carried it back again, and hid it under a bench by my shed door.

Q. How do you know they were taken out of your warehouse?

Panton. Because when our people had done work, I locked up the warehouse door; and I am sure these goods were in the warehouse at that time, for I had but just made an end of them.

William Stevenson . On the 7th of November, about seven in the morning, I took the Prisoner in Beech-lane; I had heard that Mr. Panton had been robbed, and I sent for him; at first she denied it, and before the Alderman she said, she had left some at her lodging in Beech-lane. I found ten or eleven ounces in a closet where she lodged.

Panton. The work was upon bobbins, marked with my own name. Guilty 4 s. 10 d.

[Transportation. See summary.]

43. Mary Weatherly , of St. James Clerkenwell , was indicted for stealing two pair of shoes, value 5 s. five linen aprons, value 5 s. two cloth handkerchiefs, value 3 s. a pair of silver buckles, value 8 s. &c . the goods of James Mortimore , October 23 .

Elizabeth Mortimore . My husband keeps the bowling-green house at Clerkenwell ; I had hired the Prisoner to sit up a few nights about five or six weeks ago, and when she was gone I missed these things; she confessed before the Justice, that she took them.

Ann Green. I met the Prisoner some time after she went away in Field-lane picking up a man. Said I, what do you do with this apron, it is my mistress's? and she had this pair of shoes of my mistress's on her feet. She owned she had sold a shift, and a shirt, and a pair of shoes of my mistress's for half a crown, and owned the taking the silver buckles.

Prisoner. My mistress lent me these things, she is a very hard mouthed woman; she said she would hang me. Guilty 10 d.

[Whipping. See summary.]

44. John Garnett , of St. George, Hanover Square , was indicted for stealing four shirts, value 20 s. two cloth coats, value 10s. a cloth waistcoat, value 2 s. 6 d. a pair of buckskin breeches, value 10 s. and a pair of shag breeches, value 10 s. the goods of William Anderson , and a set of velvet furniture for a saddle, with silver fringe, value 50 s. and two yards of gold lace, value 2 s. the goods of Ann Hawes , Nov. 9 .

John Watson . William Anderson is coachman to Mrs . Hawes, and was gone out of town with his mistress, about the 10th or 11th of last month, the Prisoner confessed before the Justice, that about a month, as he believed, after they were gone out of town, he opened the padlock of Mrs. Hawes's stable-door, and broke open Anderson's chamber-door, and broke open two other locks, and took all his cloaths, and the furniture for the saddle, and ripped two yards of gold lace off it. I asked him, how he came to do it? He said, he could not tell why he did it, for Anderson was a good friend to him.

William Anderson . I am coachman to Mrs. Hawes, I went out of town with her the 24th of May last, and left my linen and clothes in my chest, and did not come to town till the 8th of Nov. when I missed my things; I thought it must be the Prisoner that stole them, because he used to be about the stable; the Prisoner said he was glad to see me; I said, I am sure you are not glad to see me; he said, why should not I, for I know nothing of your things; and then I had not told any body that I had lost them: he denied it a great while, at last he confessed that he had robbed me, and that he was one of the vilest rogues in the world, to rob one who had been so good a friend to him; he said, he opened the outside door of the stable by picking the lock, and when he got into the room, he broke open my chest with a poker, and sat upon the bed, and ripped the gold lace off the furniture of the saddle, and that he had sold all the things to an old clothes man in the street, who he did not know, but believed he should know him if he saw him. I carried him before a justice, the justice asked him what he had to say for himself; he said nothing, and the justice said, did you rob this man? he said, yes I did, and sold the things to an old clothes man, he did not know. After he had been there some time, the justice asked him whether he would sign his confession, and the Prisoner said he could not write; then the justice said, you can make your mark; he said, but I will not do it to day : the justice said, you confessed it yesterday, why can't you sign it now? he said, what I did yesterday I can't help, but I won't do it now.

Prisoner. They made me drunk, and when I was in the Round-House, I did not know where I was, for I was not compos mentis.

Anderson. He was not in liquor at any of the times that he made his confession.

Thomas Atkins . The Prisoner was brought to St. George's Watch-house the 10th of Nov. about ten o'clock at night, I took him the next morning before a justice. When he came to the Watch-house he was as sober as he is now, (and so he was the next morning) and he confessed every particular as has been mentioned before - he was not threatned or ill used, he was as well used by Anderson as any man could be. Guilty .

[Transportation. See summary.]

45. Mary Needham , of St. George Bloomsbury , was indicted for stealing two chissels, value 2s. the goods of Christopher Jenkinson , 10 chissels, value 5s. the goods of Charles Ince , and five chissels, value 2s. the goods of George Ford , Nov. 19th , and

46. Richard Cornish , for receiving the same, knowing them to be stolen .

Christopher Jenkinson . On the 19th of Novem. I lost two masons chissels from the work, and on the 22d of Nov. I caught Mary Needham with five chissels upon her; I asked her what became of those I lost the 19th of Nov. she said, it was another little girl who stole them; I asked her what they had done with them; she said, they had sold them, and she carried us to the house where they were sold, one Richard Cornish 's in broad St. Giles's; he deals in old brokery ware : I got a search warrant, and found twelve chissels, two of them belong to me.

George Ford . The Prisoner told us where she had sold the tools, and they were found in Cornish's house, - not one of mine were found there.

Charles Ince . I lost some chissels from the work the 19th of Nov. the Prisoner owned she took some and that she had sold them to Cornish for a half-penny per pound - she did not know his name, but shewed me the house, we went down into Cornish's cellar, and found ten of my chissels and two of Jenkinson's; these are mine, some are marked and some are not, these two are Jenkinson's, I know his as well as my own, because I have worked with them.

Edward Ramsdell . I found these twelve chissels at Mr. Cornish's - Cornish's is a public Cellar, used as a shop - when we went with a search warrant, his wife opened the door, and we took them off the shelf - they lay openly.

Mrs. Kelley. Mary Needham was with me a fortnight, and I turned her away for lying: she used to go with messages to Mr. Cornish's, I have known him very well these four years, he is a very honest man.

Catharine Martin . I am servant with Mr. Connish; the Prisoner came I think one Monday morning, with some such things as these, and my mistress bought them of her for a half-penny a pound - my mistress keeps a linen shop, my master knew nothing of the buying of them.

Charles Ince . We give nine-pence a pound for them new, and when we buy them one of another, we give seven-pence a pound.

Howel. A carpenter said that the price of old iron was sometimes a farthing and sometimes a half-penny a pound.

Q. If a man should carry these to a shop and offer them for a half-penny a pound, should you think he came honestly by them?

Howel. I can't say I should - Cornish is a carpenter; I have known him between eight and nine years, he has the character of a very honest man.

Charles Church. I am a carpenter, I have known Cornish five years, and he always bore a good character; I have employed him three years my self: the maid said that her Mistress had got a hundred of such chissels.

Q. to Catharine Martin . Was your master there?

Martin. Yes, but he was hard at work; I weighed them, and my mistress paid for them. Needham Guilty 10. Cornish Acquitted .

[Whipping. See summary.]

47. + Elizabeth Sevill , of St. Margaret's, Westmister was indicted for feloniously, wilfully, and of her malice aforethought, assaulting Mary Cartwright and striking her on the fore part of the head, with a certain piece of iron, called a smoothing iron of the value of 2d. which she, Eliz. Sevill, had and held in her right-hand, and thereby giving to Mary Cartwright , one mortal wound and bruise on the second of Nov. last; of which she languished from the said second day of Nov. to the 22 day of Nov. and then of the said mortal wound and bruise died .

She was a second time charged on the Coroner's inquisition for manslaughter.

Ann Sandford . The Prisoner and Mary Cartwright the deceased were my servant s; they had been scolding with one another that morning; I was in the kitchen, when the accident happened, and did not know there was a blow given till the deceased fell down by me, and brushed my cloaths in the fall; I observed that her face was all bloody.

Q. How was this done?

Sandford. The girl-that is dead, said, the prisoner struck her with a smoothing iron, - the wound was given the 2d of November, and she died on the 21st day after she received the wound.

Q. Did you see the wound given?

Sandford. I was washing my hands then, I did not see the blow given. - I did not hear the blow.

Q. Had they been quarrelling?

Sandford. They had been quarrelling all the morning, but the deceased owned she had struck the Prisoner before.

Q. What did she say she struck her with?

Sandford. With her hand.

Q. What was the quarrel about?

Sandford. About drying a gown; the deceased had put a gown to the fire, and the prisoner pushed it away, and that made the deceased angry?

Coun. Did the deceased do your business afterwards ?

Sandford. She did the business for ten days after as well as usual.

Q. Did she complain of any thing?

Sandford. She complained of a pain in her head, and that she could not stoop very well.

Mr. Westbrook (Surgeon) About the 2d of November, I was sent for to the deceased; I found her in the kitchen; this lady, her mistress, was there, and the person who, as she said, had given her the blow, (the prisoner was then ironing) there was a small wound a little above the forehead (they scolded very heartily at one another, and I thought they were very much to blame.) The wound being done with an iron, I examined it very carefully, and it appeared to be no more than a common simple wound.

Q. Was the skull hurt?

Westbrook. The skull was bare, but it was not at all affected: before I leave the kitchen I would observe, that Mrs. Sandford reprimanded them both for scolding; and the Prisoner said, Madam, I cannot bear such usage from a fellow servant, for she has struck me twenty times, at least, to my striking her once.

Q. Did the deceased deny it?

Westbrook. Not at all. My Lord, where these unlucky things happen (for I should be pretty well acquainted with these things in forty years practice ) it is always my practice to wash very carefully : I attended her twelve days, and had very little complaint, and thought it would end well; and to save charges she came to my house to be dressed. On the 15th day I saw the deceased with a brush in her hand, scrubbing a very large-room; I advised her in matter of prudence not to do it, though I did not see any necessity for that direction at that time. The Prisoner quite scolded with the deceased, because she was so work-brittle, as they call it. The day after the 14th or 15th day, the Prisoner lay in bed, and did not rise (whether it was out of fullenness or not, because the other was not turned away, I can't tell) and would not take her food.

Q. Did you search the wound again?

Westbrook. The wound was very near quite whole, and no farther search could be made, but the symptoms increasing, I had a Surgeon joined with me, and we thought proper to make the operation of the Trepan, for I thought possibly I might find something remarkable upon the brain, but there was not the least mark of injury upon the skull; the symptoms still increased, and about the 21st or 22d day she died; I opened the head, and found in the middle of the brain, to my great surprize, a very large imposthumation, which I apprehend might be occasioned by the blow.

Q. Do you think the imposthumation was occasioned by the blow?

Westbrook. I cannot help thinking so, but I cannot be positive but that it might be occasioned from an inward cause, for she had frequently very great pains in her head.

Mr. Chiselden said, that he was sent for to the deceased; that about a day or two before her death the symptoms began to be very severe, and he thought there might be a fracture in the skull, and that there might be some blood settled under the wound, and therefore proposed the Trepan: he was not there at the operation, but he could not conceive how a blow that a person could go abroad with for a fortnight, and do their business as usual, and no blood underneath, could be the cause of her death; and how that could affect the brain, he did not know: but he said, these imposthumations do happen sometimes to those people who are very much troubled with head-aches: and could not comprehend that this blow was the immediate cause of her death. Acquitted .

+ 48, 49, 50, 51, 52, 53, 54.

William Brister , James Page , Theophilus Watson , James Roberts , John Potbury , otherwise Jack the Sailor , William Billingsly , otherwise Gugg , and Henry Gadd , otherwise Scampey , were indicted (together with William Lippy , Richard Morris , and Samuel Bannister , not yet taken) for assaulting Joseph Underwood on the King's highway, putting him in fear, &c. and taking from him a silver watch, value 50 s. two brass seals, value 2 s. a stick with an ivory head, value 3 d. and a hat, value 4 s. the property of the said Joseph Underwood , August the 24th .

Joseph Underwood . On the 24th of August, I went with my sister, and two other ladies, to Bartholomew fair, and between nine and ten o'clock in the evening I was assaulted between the George Inn and the Swan .

Q. Who assaulted you?

Underwood. I can't swear to the prisoners.

Q. What number were there of them?

Underwood. I compute the number to be about nine or ten, but I can't tell the number because it was dark.

Q. Can you say there were seven or eight?

Underwood. There were seven or eight at the least, but there were more to be sure, because there were a great many about me.

Q. Were there any women among them?

Underwood. I did not see any.

Q. Were there any boys?

Underwood. Yes, there was one boy, who hit me prodigiously about my back and sides.

Q. What did he hit you with?

Underwood. I believe it was with a bludgeon; it was a pretty heavy weapon, - it was a stick.

Q. Did you see that it was the boy that struck you?

Underwood. I turned about, and saw a boy who was prodigious busy with a weapon.

Q. What did they take from you?

Underwood. They took my watch, hat, a stick, and a handkerchief.

Q. You say there were two or three ladies with you, did they see this?

Underwood. I don't know; one of the ladies was hit a prodigious knock (as I believe) with a bludgeon?

Q. Were the ladies surrounded by them?

Underwood. No.

Q. When did you first give it out that you was robbed?

Underwood. I told the ladies of it then.

Q. What became of the people that robbed you?

Underwood. They turned off towards the cloysters.

Q. Did the boy go with them?

Underwood. I think he did.

Q. Did you see your watch, or any of your things afterwards?

Underwood. I saw my hat afterwards - at a gentleman's house in Long-lane.

Q. How were you informed of it?

Underwood. I was informed of it by Mr. Jones the City-Marshall, about three months afterwards, - I believe I can swear to the hat, I had it but 2 or 3 days, I know it partly by the putting on of the button. - I think this is the hat, but I can't swear to it, I bought it of Mr. Huntley the hatter.

Q. Did they take any money from you?

Underwood. To the best of my knowledge they did not take any?

Q. Look at the Prisoners, and see if you know any of them?

Underwood. I can't swear to any of them; the boy was much about the size of Gadd. - I am cook to the Duke of Montrose.

Ann Wells . I was with Mr. Underwood at Bartholomew fair, but I can't say on what day of the month, but it was between nine and ten at night; he was between his sister and I, handing me cross a channel; there were several fellows came, and parted us, and pushed us into the crowd. - I believe there were seven or eight of them.

Q. Was there a boy among them?

Wells. I can't say whether there was or not; when Mr. Underwood came out of the crowd, his head was broke in a terrible manner, - he was in a bloody condition.

Q. Mr. Underwood, you did not mention that, were you knocked down?

Underwood. They knocked me down and broke my head.

Wells. When they had got Mr. Underwood into the crowd, I squawled out, and one of them gave me a blow across my back, but they did not hurt me; whether it was done designedly or no I can't tell. There were several gentlemen came to our assistance, but none of them would go to Mr. Underwood's, there were so many of the fellows.

Q. Had he any hat on when he came out of the crowd?

Wells. He had none, I think he had his wig in his hand when he came back.

Q. What did he say then?

Wells. He said, they had robbed him of his watch and hat - that he mentioned directly, and some time after he mentioned his stick and handkerchief.

Q. Had he a watch when he went out?

Wells. Yes, he had; he looked what it was o'clock, just before he went out - I don't know any of the Prisoners.

William Harper *, the accomplice, sworn.

* He went among his companions by the name of Old Daddy, and sometimes Old Man; on account of his being more grave in company than the others. He is twenty-six years of age.

Prisoner Watson. Did not the thieftakers after you were taken up, threaten to hang you if you did not make a discovery of such and such things; and you said then you did not know any thing of them?

Harper. No; they never threatened me about any thing: only they brought a man to swear a robbery against me, and I never saw the man before in my life.

Watson. Please to turn Mr. Lloyd and Mr. Boddy out of Court.

Harper acquainted the Court with the names of all the Prisoners, and distinguished their persons.

Harper. - I have known Roberts about six or seven years, Billingsly about four years, Page six or seven years, Brister six or seven years, Gadd about four years, Theophilus Watson about four years, and Potbury about four years.

Q. What sort of knowledge had you of them?

Harper. Billingsly and I were old acquaintance, and went picking of pockets together for about four years; and sometimes Potbury and I used to go picking of pockets by ourselves.

Q. Where was you born?

Harper. I was born in London.

Q. Give an account where you was last summer.

Harper. Billingsly, Potbury, and I, lived in St. Giles's, and the others lived in Black-boy-alley; we used to go and see them, and they used to come and see us - I lived at one Spencer's in Thomas-street; Billingsly and Potbury did not live in the same house with me; they lived in Cross-lane.

Q. Where did you live before?

Harper. I lived in Black-boy-alley, before I went to St. Giles's. Jack Neaves and Popes had the house, and let it out to us; Billingsly lived at Pope's, and Potbury and I lived at Giles's.

Q. Did you lodge with Potbury?

Harper. Yes.

Q. How came you to move to St. Giles's?

Harper. And please you, my Lord; I went there to live with a young woman, I am almost ashamed to speak, but that was the occasion of my going there.

Q. Now give an account what you know of robbing Mr. Underwood?

Harper. It was in Smithfield, the first day of Bartholomew fair.

Q. Was there any appointment made among you to meet there?

Harper. No, we met by accident; when I went there I found Potbury and Billingsly together.

Q. What time did you go?

Harper. About four o'clock in the afternoon - I met them about dusk, and then I met Roberts and Page.

Q. What time did you meet them?

Harper. About the same time - we met in the street.

Q. Who did you meet besides?

Harper. I met Bannister, Morris and Lippy (who are not taken) Brister, and Theophilus Watson - and I believe there was Gadd; there were ten besides myself, and I made the eleventh, that robbed this gentleman.

Q. When you were got together, what did you do with yourselves?

Harper. We walked about the fair, hitting people over the head, and picking of pockets, till eight or nine o'clock; and then a little on this side the George Inn they were coming along, and two or three of them took hold of a gentleman.

Q. Did you talk of what you were to do, or of robbing people, before they attacked that gentleman?

Harper. No, not that night.

Q. Now give a distinct account what you know of the gentleman.

Harper. I think I should not know the gentleman again, because it was in the dark. They all got round him, Billingsly got hold of one arm, and Bannister and Morris took hold of the other arm, and Potbury took his watch out of his pocket.

Q. Did they take any thing else from him?

Harper. When Potbury took his watch, the gentleman went to catch hold of the person, who he thought took it; and they fell a laying him over the head with their sticks: in the skirmish the gentleman's hat came off, and Roberts took the hat and stick up, and run away with them.

Q. What did Gadd do?

Harper. Only laid the man over the head with his stick, as the others did.

Q. Where did you go after that?

Harper. Into Smithfield Rounds, stealing of gingerbread, &c. and staid there till I believe eleven o'clock at night; then Billingsly, Gadd, and I, went to St. Giles's.

Q. What did you do with the watch?

Harper. One William Turbutt , who is in custody, bought it of us for twenty eight Shillings - he lived in Sharp's-Alley by Cow-Cross.

Q. What is he?

Harper. He is a pick-pocket, as well as we, he used to buy things of us.

Q. Did he buy all the things you got?

Harper. No, there were some Jews used to buy of us sometimes.

Q. Who was the disposer of these things?

Harper. Potbury and Billingsly were.

Q. Where was the watch sold?

Harper. In Cross Lane towards St. Giles's.

Q. How came you to go there?

Harper. Because we were always complaisant to one another; sometimes they came to us, and sometimes we went to them.

Q. Who had the hat?

Harper. Billingsly had the hat for four shillings.

Q. How did you divide the money?

Harper. Ten of us had three shillings a piece, but they would not give the man with the scratched face [Page] any thing - the overplus was spent among us.

Q. Had the boy Gadd 3 s.?

Harper. Yes.

Q. How came it that Page had not any part of the money?

Harper. They made a fool of him, and would not let him have any.

Q. What did he say to that?

Harper. He was a little angry at first, but he went away, and did not make much noise about it.

Q. Should you know the hat again?

Harper. That is the hat, I really believe, but I can't swear to it.

Prisoner Billingsly. Had the watch a chain, or a seal?

Harper. I don't know that, though I saw the watch opened - the outside and inside cases were silver.

Prisoner Billingsly. If he knows the man lost a watch, he must know whether it had a chain or a seal.

Harper. If we got any watches with chains or seals, Billingsly and Potbury would take them off, and cheat us of them, so I could not swear to chains or seals.

Q. Who were the chief managers?

Harper. Billingsly and Morris used to do what they would. I always had my fair Part, but they used to cheat Page.

Q. How often was Page with you?

Harper. Never but twice.

Q. What business is Billingsly?

Harper. I believe he is a lamp-lighter , but he has not been so these three years; his father is a shoe-maker.

Billingsly. Was there a chain or a string to the watch?

Harper. I can't say which.

Billingsly. What time o'night was this?

Harper. About nine o'clock, as near as I can guess.

Billingsly. I ask you, whether you did not say in the Compter, that Mr. Broomer and others would put you into the cells, and would not give you either victuals or drink, if you would not turn Evidence?

Harper. I never said such a word.

Billingsly. Did not you say that Mr. Boddy, &c. made you swear what you knew nothing of?

Harper. No. I did say that Mr. Boddy and the thief-takers, brought a Man to swear a robbery against me, that I knew nothing of.

Q. What robbery was that?

Harper. A man came to swear that I robbed him of a silver mounted pistol.

Q. What is the man's name?

Harper. I can't tell, 'tis a tall man* who came to take the boys out of Black-Boy alley, and they cut him terribly.

* Alexander Forfar a headborough, who last sessions indicted Thomas Wells , Theophilus Watson , Joshua Barnes , Thomas Kirby and Ann Duck , for robbing him of a pistol &c. on the highway, and has this sessions indicted Ann Collier for the same robbery. See trial 431. to 435. p. 229.

Prisoner Watson. You say the outside and inside cases of the watch were silver, what was the number of it?

Harper. I should not have known the number if I had seen it, for I can neither write nor read.

Watson. Can't you tell whether it had a string or a seal?

Harper. I can't tell, and I am sure I would not say a false thing.

Watson. Was I ever in your company, or in any of their companies?

Harper. You never was much, unless it was now and then: for the others thought themselves above you, and would not admit you into their company.

Watson. I never was in his company at all.

Q. How came he to be in Company this night?

Harper. Because he was picking pockets with the rest in Bartholomew fair.

Q. Did he use to drink with you now and then?

Harper. Yes, we drank together now and then.

Q. When were you taken up?

Harper. I was taken up on Lord Mayor's day, at the end of Queen-street in Cheapside, in the crowd.

Q. Who was taken up first?

Harper. The little boy [Gadd] was; and James Roberts was in Bridewell when I was taken up. Billingsly, Morris, and I, hearing that Gadd and Roberts were in custody, went on board a ship at Shadwell Dock, which I believe is a privaseer. I came from on board the ship, and left those two there. I staid there about two days, and there was a man coming on shore, and he said, I might come on shore with him: I thought they wanted to get rid of my company, so I came on shore on Lord Mayor's day, the very day that I was taken.

Q. Who took you?

Harper. Long Charles and Bob Maycraft , and those that get their bread that way.

Q. How long after you were taken up, did you give this information?

Harper. Lord Mayor's day was on the Monday. and I gave my information on the Tuesday night - of this, and several other robberies.

Billingsly. Ask the gentleman whether it was the first or second day of the fair, that he lost his watch.

Harper. You know it was the first day, for you was afraid of going to the fair the second day, and we went to the other end of the town, and robbed a gentleman of a gold watch.

Watson. Was not you put into the cells the first day, and confined in order to make you give evidence?

Harper. I was put into the cells to be sure, but I don't know that it was to make me give evidence; I was not above two or three hours in the cells, and then, I was carried before two magistrates in Newgate, and gave this information before them.

Watson. Why did you not give your information the first day, after you were taken up?

Harper. Because I was charged with a thing I knew nothing of, and therefore I hoped to get off - I was carried to the Counter on Monday night, and the next day before the Alderman at Guild-hall, who committed me to Newgate.

Richard Huntley . I am sure this is a hat I sold, for I put the lining in my self, I believe this is the hat that Mr. Underwood the father bought of me. - He bespoke it of me, and I took measure of his son's head.

Underwood Senior. I bespoke the hat of Mr. Huntley.

Underwood Junior. I had the hat of Mr. Huntley, by my father's order.

William Broomer . I am a constable, I had the hat of Billingsly at Guild-Hall, before the sitting Alderman: Billingsley had the hat in his hand.

Billingsly. I borrowed the hat of my brother.

Prisoner Roberts. Ask him why he did not put me in his first information?

Harper. My lord, I did.

The examination of William Harper taken the 30th of Oct. 1744. by Sir Robert Ladbroke and Sir William Calvert Knights, was produced: wherein Harper says, that himself, Brister, Page, Bannister, Potbary, Roberts, Gadd and Theophilus Watson went to Bartholomew fair, and husled a gentleman up, and took his watch from him, and in the fray the gentleman lost his hat.

Q. to Underwood. When did you hear of these people being taken up?

Joseph Underwood . I think it was last friday, I saw it in the news papers, I did not know any thing of it before; I went the next morning to Mr. Jones, and enquired about it.

William Brister . I never saw the evidence before in my life.

Harper. He was with me in another robbery besides this.

Q. to Underwood. Did you strike any of them?

Underwood. I collared one of them, and called people to my assistance.

Q. to Gadd. What age are you?

Prisoner Gadd. * I am between ten and eleven.

* The evidence Harper says, he is fourteen years of age.

Gadd. What he says of me, is all said wrong, for I never saw him, before I saw him before the Alderman.

Q. What did you use to do before?

Gadd. I used to sell rabbits about streets .

Q. What, for yourself?

Gadd. Yes, I used to buy them in Clare market - I lived in Hedge lane with Mr. Wright - he is dead - he has been dead about a year and an half. I lived afterwards with a woman by the New market, she sells fowls and ducks about streets - I don't know where she is.

Q. Why does not she come?

Gadd. She won't come.

William Cromarty . I know Billingsly, I took him out of a ship, which lies along side the Bridget, when he made his escape from the officers.

Richard Webb . - I am a basket-maker, I live in Turn-again-lane by the Fleet-market - I am a housekeeper, I have a wife and child, I have lived in the parish 20 years. I have known Billingsly from a child, and never knew any harm of him - he used to light lamps, I can't say how long he has left it off, I have often seen him in the neighbourhood - I can't say that he has been in a settled way of life lately - I cannot pretend to say much to his character.

James Page , Acquitted . Brister, Watson, Roberts, Potbury, Billingsly and Gadd. Guilty Death .

55. 56. 57. + William Billingsly , Henry Gadd , and John Graves , of St. George the Martyr , were indicted (together with Richard Morris not taken) for breaking and entering the dwelling house of James Gorman , about the hour of six in the night, and stealing three silver tea spoons, value 6 s. two silver salts, value 20 s. a silver punch ladle, value 15 s. 50 yards of linen cloth, value 2 l. 10 s. a cloth coat, value 4 l. and a cloth waist-coat, value 2 l. the goods of James Gorman , Oct. 22d.

James Gorman . On the 22d of Oct. my house was broke open, and I lost the goods mentioned in the indictment: I left them in my house about four o'clock, and went to Temple-bar to try on some stays, and about seven my apprentice came to me, and told me I was robbed; and my wife was in a swoon. I advertised the things the Wednesday following.

William Harper . - I have known Billingsly these four years. He is a lamp lighter , but he has not followed it these four years.

Q. What has he followed these four years?

Harper. Thieving, my lord.

Q. How long have you known Graves ?

Harper. About half a year - he used to carry a yoke and tubs for his mother at a brew-house.

Q. How old is Gadd?

Harper. About fourteen or fifteen - I have heard say so - I have known him these three years.

Gadd. I am but between ten and eleven.

Q. What business has he followed these three years?

Harper. Thieving, my Lord; one night John Graves , William Billingsly , Henry Gadd , Richard Morris , and myself, broke open Mr. Gorman's house; we had tried to break open several houses before we came to Mr. Gorman's, and could not do it; John Graves got up upon the rails (there's a golden ball there) but seeing some people coming along, he jumped down again; after they were gone he threw the sash up, and went into the house; the first thing he handed out was a bundle of linen, and gave it to Henry Gadd ; Billingsly took the next bundle of linen, there were 52 yards in all; then Graves handed out a coat and waist-coat, and Morris took them from Graves, and went away with them over Red-lion square; Graves had got a silver salt-seller, three silver spoons, and a punch ladle in his pocket, in order to keep them himself; Billingsly said he designed to sink them; we overtook Morris in Red-lion square; some of them thought to go home, but they changed their minds, and Billingsly, Graves, Gadd and I took coach and went to Duke's-place, (Morris walked all the way) to one Samuel Levi , a Jew, and sold them for four pounds, sixteen shillings, and the money was divided between us five; we had eighteen shillings and six-pence a-piece, and the rest was spent. I took one of the things to be a child's boat at first. The plate, linen, and cloaths were sold all together for four pounds, sixteen shillings.

Q. What has been your business for some time past?

Harper. I am a shoemaker, but I have followed this wicked way, as well as they, these four years. - I have known Graves about half a year, I never was concerned with him in any other robbery, for he used to work very hard when I knew him first; I believe he was drawn in by Jack Potbury .

Coun. to Gorman. I ask you whether you did not tell Graves's mother, that you would take twenty pounds, though the goods were worth thirty five pounds, and would go into the country, and would not prosecute him?

Gorman. Who told you that?

Coun. I ask you whether you did, or did not, say that?

Gorman. I said I did not want his life, and that I did not want to hurt the boy, for I told her I did not know any thing of the fact.

Coun. I ask you whether you did not tell her, that though the goods were worth thirty-five pounds, if she would give you ten or twenty pounds, you would go into the country, and would not prosecute her son?

Gorman. I told her, I did not want the life of any person, but I never mentioned any sum of money.

The examination of William Harper , taken October 30, 1744, was produced and read, viz. that he, along with Graves, Morris, Billingsly, and Gadd, went to the sign of the Golden Head by Red-lion-square, and stole two pieces of linen cloth, a silver boat, a punch ladle, three silver spoons, a coat and waistcoat; that they were sold to a Jew in Duke's-place, whose name is Sam, for four pounds, sixteen shillings, and the money was equally divided between them.

Thomas Gorman . I am apprentice to James Gorman , his house was broke open between six and seven at night; I was in the room after the robbery was committed - I can't be sure, that the window was down then, for I had not been in the room for a great while before; it was between six and seven when my mistress sent me to acquaint my master with it, and she told me, the things were just taken out.

John King . I have known Graves these three years, his general character is that of an honest hard working lad, I never heard any thing amiss of him before this time.

Coun. Was you ever in company with the Prosecutor ?

King. He was in company with us yesterday.

Q. Did you hear him say, that if he had a sum of money, he would not prosecute?

King. I did not hear any talk of money, I heard him say, if he had known it sooner, he would have been out of town.

Ann Adams . I have known Graves five or six years, he lives with his mother, and was always reckoned a very honest hard working lad; his father worked at a brewhouse - The Prosecutor said, that if Mrs. Graves had come to his house, and had made things easy, he would have been out of town.

Q. Did he say any thing of money?

Adams. I can't say that he said any thing of any sum of money.

William Barker . I have known Graves between six and seven years, he is an honest hard working lad; I have seen him at four or five o'clock in a morning carrying a yoke and tubs for his father.

John Leeson . I have known Graves almost ever since he was born till this day, he was reckoned as hard working a lad as any in England, till this was found out: he used to bring me drink every day of his life, till he was taken up.

Richard Barker . I have known him six or seven years, he was always reckoned a hard working lad.

William Southernwood . I have lived in the neighbourhood by Graves near twenty years, I have known him from his birth, and since he could work he has carried tubs for his father; I never heard any ill of him, and don't think he would be guilty of a robbery.

William Mathews . I have known him seven or eight years, I have called at the shop for a dram in a morning, and he has taken money for coals, &c. and carried out beer, within two months before he was taken up.

Elizabeth Appleby . I have known Graves about twelve years, he always bore an honest character; I don't believe he would be guilty of any such thing.

Elizabeth Emmery . I have known Graves from his birth, and he was always reckoned a very honest lad - I believe he is about seventeen years of age.

Margaret Mackinley called.

Coun. Are you with child?

Mackinley. Yes.

Coun. Are you pretty near your time?

Mackinley. Yes.

Coun. Then I hope you will tell the truth. I would ask you whether in October you saw the Prisoner, and whether he did any thing for you?

Mackinley. He measured me at five o'clock in the morning

Coun. Measured what?

Mackinley. A peck of coals - I can't tell the day of the month, it was on a Monday, and he carried them home for me. I asked him if he would read my husband's letter for me, which came from on board a ship, and he sat down and read it - I keep a house of lodgers in Cross-lane by Graves's - I don't sell any thing.

Q. What day of the month was it?

Mackinley. It was the 22d of October: this is the letter I received from my husband, which the Prisoner read to me that day.

Q. What ship is your husband in?

Mackinley. In the Surprize.

Q. What day did you receive the letter?

Mackinley. I received it on a Monday.

Q. How long do you think it may be coming by the post?

Mackinley. Three or four days.

N. B. The post mark was the 8th of October, and the date on the inside of the letter appeared to have been altered from the 10th or 13th, to the 18th day of October.

All acquitted of the Burglary, and found guilty of the Felony, to the value of 39s.

[Transportation. See summary.]

58. Samuel Levi , was indicted for receiving three silver tea spoons, two silver salts, one silver punch ladle, 50 yards of linen cloth, a cloth coat, and a cloth waistcoat (which William Billingsly , Henry Gadd , and John Graves were severally convicted of stealing, in the dwelling house of James Gorman , Oct. 22d. and each of them found guilty to the value of 39s.) knowing them to be stolen ; October 22d .

William Harper . William Billingsly , Henry Gadd , and John Graves , were concerned with me in stealing the aforementioned goods, from a man who lives in a street behind Red-Lion square, and Richard Morris was concerned in it.

Q. When were they stolen?

Harper. About a week before Lord Mayor's day, Jack Graves got upon the rails, in order to get into the house, but jumped down again, upon some people's coming along; when the street was silent, he got up again, went into the house, and handed out one bundle of linen to Henry Gadd , then he handed out another bundle of linen, and gave it to Billingsly: I took the two bundles of linen from those two, and then he handed out a coat and waistcoat to Morris.

Q. What did you do with them?

Harper. We took coach in Holbourn, and went to Duke's-place, but Morris walked there?

Q. Where does the Prisoner live?

Harper. I don't know, but I have heard them say he lives in Houndsditch, for only Morris went in with the things, and he met us afterwards at the Plaisterer's-arms in Duke's-place - this was about nine o'clock at night, there were three other Jews looked over them before the Prisoner, but did not bid so much for them by a guinea. I saw Samuel Levi pay four pounds sixteen shillings for those goods, and the money was equally divided between us.

Q. Was it in the Prisoner's presence?

Harper. I can't say that, but he sat and drank three or four pots of beer with us afterwards.

Q. Did the Prisoner discourse with Morris before you about buying of them?

Harper. No otherwise than between themselves; I saw Morris and him go out of the house together, Morris had the plate in his pocket, and the rest of the things in a handkerchief when they went out; Morris said he had got nine-pence a yard for the cloth, four shillings and six-pence an ounce for the silver, and twenty six shillings for the cloaths.

Q. What did the Prisoner give the money for?

Harper. I can't tell, only as Morris informed me, to be sure he would not give us the money for nothing; Morris said he wished he had money enough, and he would have bought them himself, for he thought them worth more money.

James Gorman . When Harper turned the king's evidence, he sent to me to let me know that one Samuel Levi had bought my goods. I got a warrant, and took two women with me, in order to decoy him out of Duke's-place, under a pretence that they had three or four watches to sell; Graves's mother endeavoured to assist us in taking Levi, that in case I had got my goods again, I might be the more easy with her son; we found Levi in Duke's-place, and he desired I would bring the goods, and he would look at them; said I, Bring your weights and scales to the Plaisterer's-arms, but he would not come; he said he did not care to go any farther, for he was a little in debt; he came a little way, and then he said his mind misgave him; said I, there's the woman above who has the goods. I found he was for turning back, and I took fast hold of him, and took hold of his breeches, and said, Lawrence, cock your pistol: Lawrence said, I design to do it; Levi took hold of me, and tore my waistcoat and shirt almost to pieces; then one of the women took hold of him, and we secured him. Acquitted .

59, 60, 61, 62, 63, 64, 65. + William Brister , James Page , James Roberts , Theophilus Watson , John Potbury , otherwise Jack the Sailor , Henry Gadd , otherwise Scampy , and William Billingsly , otherwise Gugg , of St. Peter Cheap , were indicted (together with Samuel Bannister , William Lippy , and Richard Morris , otherwise Irishman, not yet taken) for assaulting James Hind on the King's highway, putting him in fear, &c. and taking from him a silver watch, value 50 s. a steel seal, value 6 d. and a padlock key, value 6 d. his property , August the 20th .

James Hind . On the 20th of August, about nine in the evening, I was coming down Cheapside with some gentlemen's servants; several people hussled them, and presently after they hussled my fellow servant and me, (his name is Thomas Read ) and robbed me of a silver watch, a steel seal, and a padlock key. They all surrounded me; one of them clapped his hand upon my breast, and the little one in the black wig [Potbury] I think 'tis him, robbed me.

Q. Was there any boy among them?

Hind. I don't know that there was; I can't say any thing to that; they put me in a great fright.

Q. Do you know Page?

Hind. I can't say that I do; I don't know any body but him in the black wig. I heard of some people being taken up, by an advertisement that was published. I went one day last week to enquire about it, and was in hopes of hearing of my watch again, but I never did.

William Harper . On the 20th of August, it was a particular day, for I, Morris, and Billingsly had heard that one Edward Young * was taken up for a robbery, and we were sent for to endeavour to get him away.

* He was indicted last October Sessions for breaking and entering the dwelling-house of Thomas Burn in the day time, no person being therein, and received sentence of Transportion. Page 228. Trial 429.

Q. Did they always send for you upon these occasions?

Harper. They always helped one another, if they knew them.

Q. Suppose you did not know them, would you do it then?

Harper. If we met a man with a Constable in the Street, though we did not know him, we went to rescue him. The same night Billingsly went to the Horns in Gutter Lane, and called for a glass of brandy, and seeing a silver spoon he broke it in two, and that he kept to himself; we went to Holbourn Bridge, and there we met Page, Brister and Lippy; then we saw Joseph Field and two or three more, we told them about rescuing Young, and they said they would not get themselves into a broil for any body: when we got to the end of Woodstreet we met Henry Gadd , and Jack the Sailor - some of them had hangers.

Q. What could Gadd do to rescue any body?

Harper. He could do as much mischief as anybody.

Q. How did they carry their hangers?

Harper. At their belts under their coats, they did not mind who saw them.

Q. Did Gadd carry a hanger?

Harper. Yes.

Q. Did he carry his under his coat?

Harper. His was one that was broke and ground down, and as it was shorter than the others, it would be hid pretty well under his coat. Jack Potbury and Gadd had got a watch in Wood-street, and they wanted to keep it: then we went up Wood-street, and in Cheapside we met two men, and Jack the Sailor took a watch from one of them.

Q. What time of night was it?

Harper. It was about eight o'clock.

Q. Was it not dark then?

Harper. It was just dusk.

Hind. I was robbed between Wood-street and Gutter-lane.

Harper. It was about thirty yards on this side Wood-street; after that we went all in a body down Newgate-street, and then they were wrangling and quarrelling as they went along the street, who had a right to what they had got that day; and Billingsly said to Watson, that he should have nothing, and that Page should have nothing, and that Roberts should have nothing; but Tho. Watson stuck to it, and went to the Brown Bear in Seacole Lane.

Q. Was Page with you at this robbery?

Harper. Yes.

Q. What did he do?

Harper. We all assisted alike - Page had no part of the money, nor Roberts neither; and The. had no other part but what Brister gave him, for they went out picking of pockets together, and Brister said, he should have part of it.

Brister. Mr. Broomer impressed me, and I was sent down to Tilbury Fort.

He was impressed upon Ludgate-hill, and sent away the impress before last. James Page , acquitted ; Brister, Roberts, Watson, Potbury, Gadd and Billingsly, guilty Death .

66. Elizabeth Ashley , of St. Mary, Whitechapel , was indicted for stealing a sheet, value 3 s. a tablecloth, value 2 s. and a shirt, value 5 s. the goods of Thomas Poole , November 20 .

Ellis Poole . I lost the things off a line in my yard, and I took the tablecloth from under her clothes.

Robert Ford . I saw the Prisoner come into the yard pretty much in liquor (I did not think she came to commit felony) she went from one place to another, and handled a great many things. I called Mrs. Poole, and I saw the tablecloth taken from her. Guilty 10 d.

[Whipping. See summary.]

67. Ann Fryday , of St. James's, Westminster , was indicted for stealing a tablecloth, value 12 d. a hat, value 6 d. and five shillings in money , the property of John Edwards , Sept. 28 .

Hannah Edwards . The Prisoner was in my room, she was standing with her back against my drawers; when she moved, a tablecloth and a hat fell from her side; I found six-pence and three-pence upon the ground, and when I looked into my drawers, I missed five shillings: there was no body near the drawers but herself. Acquitted .

68. + Constantine Macguire , of St. Clement Danes , was indicted for assaulting Robert Clinton on the King's highway, putting him in fear, and taking from him seven shillings and two-pence in money, his property , Nov. 23 .

Robert Clinton . I live in Richmond-street by St. Ann's in St. James's parish. On the 23d of November last, about seven o'clock at night, I was passing out of Duke-street , that leads to the Romish chapel, going into Lincoln's-inn-fields , and just as I got under the archway, the Prisoner says to me, D - n you, give me your money, not a word: I started back and he whipped a knife or a hanger from under his coat, and struck at me. I have the bag here, which was cut at the time he cut at me. [the bag was produced with two cuts in it] I said to him, don't murder me, take what I have; there came another person who took me by the arms behind, while the Prisoner unbuttoned my breeches, and took out my money; there were seven shillings in silver, and some half pence; there was a third person, who I suppose was concealed, and they all went off together: I went from thence to a friend's of mine in Cow Cross - Mr. George Pewterer , a Brazier.

Q. Where was you going when he assaulted you?

Clinton. I designed to go to Fleet-street. When I went into Mr. Pewterer's house, I could hardly speak; he said, what is the matter with you? he said so several times: (I was out of a hot sweat into a cold one, and out of a cold one into a hot one,) I told him what had happened to me, and related the story to him, as I have related it now; he asked me if I had any acquaintance with Constantine Macguire ; I said I had seen him frequently some years ago, at a house that I frequented, and I remembered him very well.

Q. How do you know he is the man?

Clinton. By virtue of my oath he is the man, he was in a brown coat with white metal buttons: I have seen him at James Keynon 's who kept a publick house in new Bond street - he has been dead about five years; I knew him about seven years ago, by being there, and as I am a Shoemaker I went there pretty often; because, as several gentlemen's servants used the house, I did it in order to gain custom - 'tis about seven years since I saw him there.

Q. How came you to remember him so well?

Clinton. The man of the house told me he had played some sharping tricks with him, and pointed the Prisoner out to me, and told me his name, and whenever I saw him since, I always knew him - I never had any conversation with him.

Q. When did you take him up?

Clinton. He robbed me the 23d, and he was taken the 26th at night, in Parker's lane by Drury lane.

Prisoner. I went to drink with him, and he got a Constable, and took me.

Q. to Clinton. How is that?

Clinton. I enquired after him, and got scent of him; I was directed to go to one Macguire's at the Golden hart in Parker's lane. I went into Parker's lane, but it was not my business to tell them what I wanted with him; so I enquired after one John Macguire , and a woman told me, there was one Constant. Macguire, who could inform me where to find him. I said, if I found him, I could inform him of something to his advantage; the woman said there were three Constantine Macguires ; I said Constantine Macguire was a tall man, and he could inform me; she said, I must go to Mrs. Macguire's, who was a relation of the Prisoner's, and she could tell me where to find him. I went there, and told her I wanted one John Macguire , and was directed to Constantine Macguire to know where to find him - this was on the Saturday, and I was robbed on the Friday night; she asked me my name, I told her my name was Robert, and she called me afterwards by the name of Roberts, and I did not contradict her; I wanted to know when he would be there, she said, he came there every night; and I went again to her on Monday morning, and she said, she had told the Prisoner, but he did not know me by my name. I went to Mrs. Macguire's again on Monday night, and told her I had met with John Macguire who was going on board a man of war, and I came to tell Constantine Macguire that he was a proper man to assist me: so I asked him to go and drink a pot of ale with me, and got him out of Parker's lane; I had another along with me, so we went all together into Drury lane; I got him up into the club room and secured him; when I got up stairs, I said, Do you know me? he said, he did not: said I, You robbed me last Friday night, and you had this coat on with the yellow lining; and he said, Da - n this yellow lining: I am a dead man.

Q. What was the reason you could not apprehend him in Parker's lane?

Clinton. I would not pretend to do it there, I should have been afraid of my life, there are such a pack of villains there; and at the Golden Hart in Parker's lane, there was such a crew singing and making a noise, that I was afraid to stay there.

Q. How long ago is it since you saw the Prisoner last?

Clinton. I believe, to the best of my knowledge, about 8 or 9 months.

Q. What has been his way of life?

Clinton. I can't tell his way of life, he has a very bad character - that he has no visible way of living.

Q. Did you ever hear that he followed any business?

Prisoner. I am a gentleman's servant.

Clinton. The Constable said, he had not been in any service these seven years.

Prisoner. If I knew there could have been any thing against me, I would not have gone with them to drink.

Coun. I think you said you had known the Prisoner for a considerable time?

Clinton. Yes.

Q. Pray had you ever been in his company before ?

Clinton. No, I don't know that ever I have been in his company, only in a public house.

Q. Did you frequent the same public house amiss did?

Clinton. No.

Q. Have you been in the same public house that he was?

Clinton. Yes - not often, but I have been with him so often as to know him.

Q. Don't you think then, that he would have known you?

Clinton. No, I don't believe he did know me.

Q. You said at first that the public house that he frequented, was a house that you used to go to, which gentlemens servants frequented.

Clinton. I did say so; but I found that he had quarrelled with the man of the house, and he would not let him have any liquor, so he did not come there.

Q. Where was it that the Prisoner first attacked you?

Clinton. Just by the wall by the Sardinian ambassador's chapel.

Q. How could you see so as to distinguish his face?

Clinton. There was a lamp against the wall; and when he stood before me, and unbuttoned my breeches, I saw him very perfectly; I know him perfectly well; and I took notice of the colour of the lining of his coat, and the cape was lined with the same. I swore to the colour of his coat, and the lining before, that it was either yellow, or of a yellowish hue.

Q. Can you by such a light as that, swear to a yellow from a white?

Clinton. No, I will not, but I took it to be a yellow.

George Pewterer . On Friday the 23d of November, the Prosecutor came into my house between seven and eight at night; when he came up stairs, he seemed to be very much surprized, and could not speak for a minute or two. I sent for a dram, and asked him what was the matter. He said, Master enough; that he had like to have lost his life within this half hour; and told me he had been robbed, and was very much frightened, but he said he had a mind to put it up, though he knew the man very well: for the charge of prosecuting such a villain, and losing his time, would be more than the loss he had sustained. I said, If you don't prosecute him, you ought to be served so the next night you go out; for that is the way to have men cut to pieces. He went home, and advised with some of his friends; and they advised him to prosecute: he desired me to go with him to Sir Thomas De Veil 's; he got a warrant, and had information that he might be found at the Golden Hart in Parker's-lane. We went to Parker's-lane, and as the Prosecutor has said, pretended he wanted a person who he did not want; and he went to the woman of the house again on Monday night, but we had no weapon neither he nor I. While he was talking, in comes the Prisoner - I was not there when the Prisoner came in; I waited just by, and the Prisoner and the Prosecutor came together to me without any body with them. When we came out of Parker's-lane (by the Prisoner's talk I thought it must be him) I took hold of his coat, and we all went to a public house.

Q. What did he say when you took hold of his coat?

Pewterer. I told him I had a warrant against him for an assault, and he said, at whose suit? for he did not know that he had struck any body.

Q. Did he make any resistance?

Pewterer. He made no opposition, and I told him, I would treat him with all the civility he could desire.

Q. What house did you go to?

Pewterer. We went to the Duke's head in Drury-lane; I told him I would treat him with a tankard of beer, and asked him what he would have for supper; I sat down on one side of him, and the Prosecutor on the other, and when the Constable came in, I gave him the warrant, and the Constable said he knew him, (but that is not material) the Prosecutor said to the Prisoner, do you know me now; the Prisoner said, I never knew you before; the Prosecutor said, I wish I had never known you, for you robbed me last Friday night, and this is the coat you had on then.

Prisoner. How should he know the lining of my cape, when my coat was buttoned up to my chin?

Pewterer. Then the Prisoner said, D - n my yellow lining, I am a dead man. The Prosecutor said, Why should you think you are a dead man if you are not guilty. The Prisoner said, If you swear it, to be sure I am; and he was for knocking every body down as he went along, but there's nothing in that.

Prisoner. I never saw the Prosecutor nor that Gentleman before.

Q. Where did the Prosecutor say he was going that night?

Pewterer. He said he was going to Capt. Hayes at the Rainbow coffee-house in Fleetstreet.

Q. What did you do with your bag and stretchers?

Clinton. I had been that day at Bloomsbury market, to a Gentleman in order to try his pumps on, but I did not meet with him, and I was to call again in the evening.

Q. Did you go there that evening?

Clinton. Yes.

Q. What! after you had been at Cow-cross?

Clinton. No, before that, and from thence I designed to go into Fleet-street.

Q. How came you to go by the way of the Sardinian ambassador's chapel?

Clinton. I thought that was as ready a way as any.

Q. How came you to go as far as Cow-cross?

Clinton. Because Mr. Pewterer was a particular friend of mine, and I had a mind to tell him my misfortune. - I live in Richmond-street by St. James's park, joining to the great blanket warehouse, the back side of St. Ann's.

Q. How came you, when you were very bad with your fright, and ready to die, to go there when it was a dirty way, and as far as if you had gone home?

Clinton. I was as near there as I was to my own house.

Q. But was it not as far again back?

Clinton. Yes, but I was afraid I should frighten my wife more, than the value of all I lost.

Mr. Dunn. This Mr. Pewterer came to me about six o'clock in the evening, and asked me if my name was Dunn, I said, yes; he asked if I was a constable, I said, yes. I asked his business, but whether he said it was about a thief, or a street-robber, I can't say; he had no warrant, so I told him I should much rather have a warrant, and go according to law, than to have to do with a man who may prove himself to be an honest man; he said he believed he was in the custody of the prosecutor at such a place; I told him I would be with him in a few minutes, and desired the prosecutor to have a warrant ready at the street-door, that I might have that to shew if I took the man; when I went there I asked the landlord if he had any body there that had any occasion for me, he told me he had; the Prosecutor gave me the warrant, and when I went up, to my great surprize, I saw that unfortunate fellow there, but I did not know then that I had received any warrant concerning him. Hey, hey, said I, here's a street robbery sworn against you, what is this the case after all this course of life? he clapped his hands, and said he knew nothing at all of it.

Q. Whose custody was he in then?

Dunn. He sat between the Prosecutor and Mr. Pewterer.

Coun. Did you hear the Prosecutor say any thing about the colour of the cloaths?

Dunn. I believe the words did pass, - he insisted upon his innocency to the last; for he was pressed to make a discovery of his accomplices, but he said he had none, and insisted on his innocency.

Q. Did you tell him he was entitled to his pardon, if he discovered his accomplices?

Dunn. Yes, and I believe every body told him so. I have known him between ten and eleven years, and I was a little startled, that a street robbery was sworn against him, because I always took him to be a pusillanimous man, and a man accustomed to drinking, which used to unfit him for Gentlemens business.

Q. The Prosecutor said you told him that you had not known him in a place these seven years?

Dunn. That I take to be quite owing to his being given to drinking.

Cha. Regan. I am servant to Alderman Gibbon.

Q. Are you so now?

Regan. I have not been these twelve months; I am ill now, and have been so some time: I lived last with the Alderman; I have known the prisoner between eight and nine years, he was a servant all the time I knew him, till within these few years.

Q. When did you see him last before he was taken up?

Regan. I lodge at the Red horse in Bond-street. On the 23d of last month, I came into the taproom, which I very seldom do, and there were two person talking of one of Commodore Anson's men being arrested; I went into the room between five and six, and staid with these people till seven o'clock. - There were, besides those two, the Prisoner, one Carrol, and another, who I don't know.

Q. How do you know the time?

Regan. Because I generally go to bed between eight and nine, since I have had this illness. I went to bed immediately.

Q. Was the Prisoner in company with the other two who were talking of the arrest of Commodore Anson's man?

Regan. Yes.

Q. When you went to bed, who did you leave in that company?

Regan. The two men I found there.

Q. Did you leave the Prisoner there?

Regan. Yes, I left the Prisoner, and the other two.

Q. You are sure the clock had then struck seven?

Regan. Yes, I am sure of it - the clock of the house had.

Q. How came the Prisoner to be so long out of place?

Regan. I can't tell.

Q. How came you to be so long out of place as a year?

Regan. Because I have been ill almost over since, and I don't drink any strong liquors now.

Coun. How have you supported yourself all this time?

Regan. By my own industry before.

Q. Was Commodore Anson's man arrested that day?

Regan. That very day.

Lyn Mc Cray. I was tapster in the house; the Prisoner came this day fortnight; I had been out, I went at three, and came in again at five; and staying longer than I should, I had not done my business, and my master was angry. I gave him some saucy answers, and he spoke to the Prisoner, and I thought he was going to send him for a Constable. The Prisoner came with his beer into the tap-room at five o'clock - there was one John Duncomb , and two other gentlemen, one's name is John; and there was one Carrol, who is clerk to some Attorney.

Q. Was the Prisoner in the house after Regan went up stairs?

Mc Cray. Yes, he staid long after that - he went away about nine.

Q. What is the name of the person who was arrested?

Mc Cray. His name is Bryan.

John Fagan . I am a gentleman's servant; I was in the tap-room between two and three o'clock, and saw the Prisoner come in; I went out, and came back at six o'clock, and the Prisoner was there: I was in his company till almost nine. Mr. Regan was there at the same time.

Coun. How often had you seen the Prisoner before ?

Fagan. Not often.

Q. Did Mr. Regan sit in company?

Fagan. He sat by himself at the fire.

Q. What is the man's Christian name that was arrested ?

Fagan. I can't tell; I think his name is Obryan.

Edward Highland . I am the hostler; I was in the tap-room from five o'clock till almost ten.

Q. How long was the Prisoner there?

Highland. He could not be ten minutes out of the tap room all the time till almost ten o'clock - I have been there these six years.

Jury. This is a house of good repute.

[The stretchers and bag were produced, and the Jury observed that there were two cuts in the bag, and two in the stretchers; and that the cuts in the stretchers were of the same bigness as those in the bag]

Ann Davy . I am a servant in the house; I have known the Prisoner between eight and nine years; I saw him in the kitchen at five o'clock, and gave him a knife and fork - I did not see him after five.

Q. to Clinton. Is this the house you knew the Prisoner at first?

Clinton. Yes; but that man is dead, and his wife too: the present landlord of the house swore that he would not swear, the Prisoner was in the house that night for never so much.

Mrs. Macguire. I should know Mr. Clinton's face if I was to see him, for I had the honour of seeing him twice at my house: he said that Constantine Macguire had a brother come out of the North of Ireland, and that he came about his will and powers. I said Constantine Macguire knew nothing of it.

[Here Mr. Clinton interrupted her.]

I hope the gentleman will not confound me, for I will tell nothing but the truth. Mr. Clinton came to me a Saturday night, and asked what sort of a man Constantine Macguire was. I said he is a good looking man enough. Said he, how does he live? Said I, some people will give a gentleman's servant something sometimes to go on an errand, and he does any little thing he can. On Monday night he came again, I asked him his name. He said his name was Robert. I thought his name was Roberts. When the Prisoner came in, I said, Constantine Macguire , do you know one Roberts? He said, he did not. When Constantine Macguire came in, I said to Mr. Clinton, there's the man, by virtue of my oath, I said, that is the man; I said, there's Constantine Macguire , if you have any thing to say to him.

Q. Did the Prosecutor know him, or did he not know him, when he came into the house?

Macguire. By virtue of my oath he did not know him; and I said to Constantine Macguire , I am answerable for this, because I said, you are the man.

Q. Did he ever ask you any questions about the Prisoner's clothes?

Macguire. He asked me what clothes he wore, what coloured coat, and whether he had a red waist-coat; I said, Sir, don't you know him; he is not so well in clothes as he used to be: and I said, he wore a brown coat turned up with yellow.

Q. Are you related to the Prisoner?

Macguire. If I am I will speak nothing but the truth. - Yes I am, but 'tis a great way off, his great grand mother, and my great grandmother were brothers and sisters children.

Rose Arnott. I was at Mrs. Macguire's on Monday night, when the Prisoner came in.

Q. Did Clinton the Prosecutor speak to him first, or did he not?

Arnott. I don't know whether I should know the Prisoner. I heard the gentleman ask how Constantine looked, or how he was; and when Constantine came in, Mrs. Macguire said, there's the man.

Clinton. Indeed, my Lord, I said when he came in, that is the man that robbed me. Acquitted .

69. + Samuel Goodman , of St. Paul's Covent Garden , was indicted for assaulting Mary, the wife of Thomas Footman , on the King's highway, putting her in fear, and taking from her a linen pocket, value 3 d. a gold ring, value 21 s. a cambrick handkerchief, value 12 d. a fan, value 2 s. a snuff-box, value 6s. twelve keys, value 1 s. a pair of brass nutcrackers, value 2 d. a penknife, value 2 d. and 3 s. in money, the property of Thomas Footman , April the 10th .

Mary Footman . On the 10th of April, I was at Drury lane play-house, and when I came into Bridges street , the Prisoner, and I believe five more laid hold on me; the others held me, while the Prisoner cut off my pocket, and I was glad to get away with my life - I remember the Prisoner perfectly well, and looked at him thoroughly while he was robbing me, and remember him, I saw him by the light of a lamp.

Coun. When was the Prisoner taken up?

Footman. Upon the 10th of Nov.

Q. Did you ever see him before that time?

Footman. I believe not.

Coun. Have you seen him since?

Footman. Yes, a great many times.

Coun. Why did you not take him up?

Footman. He had such a crew about him that every one I spoke to of it, were afraid of him.

Coun. Did you see him in the day time?

Footman. Yes, but what could I do when there were twenty people about him?

Coun. Where have you seen him in the day time, and never took him up?

Footman. In Lincoln's-inn-fields - about six o' clock in the afternoon (he had somebody with him) and he asked me how I did; I said I would do my self and him justice, and would let him know how I did.

Coun. Had he the impudence to speak to you, when he had robbed you?

Footman. If he had the Impudence to rob me, he would have the impudence to speak to me - I had my child with me, a little boy about nine years of age.

Coun. Was it broad day light?

Footman. Yes, 'tis broad day light in summer time about six o'clock.

Coun. When did you see him again?

Footman. A great many times.

Coun. And you had not courage to take him up?

Footman. I question if he had robbed you, whether you would have had courage to have spoke to him or no. I saw him one night where he cut three ladies pockets off.

Coun. Why did you not discover him?

Footman. I had a greater regard for my life.

Coun. When did you see him besides?

Footman. At other times, with twenty people round him with cutlasses - twenty together - may be it might be about four o'clock, when I saw him with twenty.

Coun. I desire you would answer my questions.

Footman. I am very willing to answer a gentleman any question.

Coun. What time o'night was you robbed?

Footman. About half an hour after ten.

Coun. And could you remember his face from that time to this, at that time of night?

Footman. Yes, and so I could your's, if I should see you seven years hence.

Coun. This man's life lays at stake, you ought to be very careful what you say.

Footman, 'Tis himself is the occasion of it, 'tis not me, if he would let me alone, I would not meddle with him.

Coun. When did you take out a warrant?

Footman. As soon as I heard he was to be taken with ease.

Coun. 'Tis for the sake of the great reward, I suppose that you do this?

Footman. No, Sir, you are mistaken; this thing was done before the time of the reward being promised, if you please to look back.

Coun. So you say you have seen him frequently, and yet would not take him?

Footman. Yes, so I have; but I have so great a regard to my own life, and the life of my friend, that I would not venture to take him; for no body would run into the mouth of a lion, with twenty thieves round him.

Alexander Langdell . I came down to Mrs. Footman's house on the fast day, the 11th of April last: and she said, she was robbed by such a man, and knocked down; she said, she was sure to the man, and that she should know him again if she saw him. I said, I knew them all, and I would go and see; and he was one of them that were there, when the pressed men were rescued.

Prisoner. I am a Cooper at a brew house. Did not you see me in the street, about three weeks before I was taken up?

Langdell. Yes - he was taken up Wednesday was fortnight.

Q. Why did you not take him up sooner?

Langdell. I went to Mrs. Footman and told her, I knew where he was, and I said come and see him being it's a dangerous case for the man's life is at stake, and she was positive to his person.

Q. You said you knew him, and saw him three weeks before, why did you not take him up?

Langdell. I did not know I could take him up without a warrant, and I thought it was the safest way to take him with a Constable.

Prisoner. He has seen me twenty times since.

Langdell. Yes, so I have, with a great many gamblers and thieves; he was there when the man was shot.

Q. Do you know Mrs. Footman?

Langdell. Her husband keeps a publick house at the black boy in Milford lane.

Coun. What sort of a house is it?

Langdell. I think 'tis a very good house.

Coun. Is it not a night-house?

Langdell. I never heard that it was, and I have drove about five years into the next yard - I am a hackney coachman.

Thomas Footman to the Prisoner's Council. Mr. T - knows me very well. I was not with my wife when she was robbed, but I am certain she lost the goods: she shewed the Prisoner to me a little afterwards.

Coun. How came you not to take him then?

Footman. It was on a Sunday night, there was a great disturbance in the Strand; there was a gentleman had lost his watch; there were several robberies committed in half an hour, and the Prisoner was among the rest : there was a boy about ten years of age, who was very Cute in that.

Coun. When was the Prisoner taken?

Footman. I think it was the 21st of November, at Mr. Smith's brewhouse; he thought it had been an arred: he had an adze in his hand : and when they told him it was not an arrest, it was for a street robbery, for robbing Mrs. Footman; then he swore he was a dead man : and going along he desired not to be carried before such a Justice, because if he went before him, he said he should soon be committed. So when we went in, the Justice said to him, Oh my old Friend, where have you been all this while; what an't you hanged yet?

Coun. Did not you know of the reward which is promised for taking of street robbers?

Footman. I did not take him for the sake of the reward, but to justify my wife and my country. I shall call at your chambers one day or other, and let you know whether I keep a night-house or no: you have done business for me, and I have paid you very honourably.

William Wootton . I served this warrant upon the Prisoner the 21st of November, at Mr. Smith's brewhouse by Hide-park-corner: I took one Gardner to assist me. When I took him, he said he had no friends to help him, but he would pray for the woman.

Coun. Do you know this Footman, who is so well acquainted with every body?

Wootton. I never saw him before he brought the warrant, to my knowledge - I never heard any thing for or against him - I never saw the Prisoner before I took him.

Jury. Did you hear him say, when he was taken, that he was a dead man?

Wootton. I did not hear him say that.

Jury. Did you hear the Justice say, his old friend was come?

Wootton. Yes, I heard him say that.

William Carter . I was at the taking of the prisoner.

Q. Did you hear him say he was a dead man?

Carter. I did not hear him say that; he said he would pray for the woman.

Coun. My Lord, I think 'tis a very stale demand, from the 10th of April till November, and never to prosecute till now.

John Goodman . I am a Cooper, the Prisoner is my own brother; he came with Admiral Cavendish from the West-Indies about two years ago, and has worked with me, on and off, ever since; I recommended him to the Brew-house, and he had worked there three weeks when he was taken. Guilty . Death .

70. + Sulpice Duclot , of St. James, Westminster , was indicted for stealing a silver buckle set with diamonds, value 10 l. a silk coat with a gold lace, value 40 s. two brocaded waistcoats, value 40 s. one silk waistcoat embroidered with silver, value 40 s. six holland shirts, value 3l. a tortoise-shell snuff-box with a gold hinge, value 10 s. a coat trimmed with gold, value 20 s. a velvet coat, value 40 s. and two pair of sheets, value 20 s. the goods of the honourable Samuel Masham , Esq ; in his dwelling-house , Nov. the 12th .

Samuel Masham , Esq; The Prisoner was servant with me as a valet about four years; he is a French-man. I charge him with a diamond buckle, which I took from him when he was taken, which was kept in a box in Mrs. Masham's room. I heard it by the information of Cornelia Augier , who came and told me she believed the Prisoner had got a diamond buckle of mine; and that he was at her house: I went there with two constables, and he was gone from thence; I went immediately to my own house, and there I found him; I sent for him down stairs, and stood in the hall with two servants and two constables; when he came down I asked him if he had robbed me; he said, no: I told him, I had been informed, that he had robbed me of Mrs. Masham's diamond girdle buckle; at first he said he had not, and desired to speak with me in private, which I refused, and I said, nothing should pass but what was before the people who were there, and I would hear nothing from him in private: I asked him again, whether he had the buckle; he said, yes, and gave it me out of his pocket; he said he broke open the box in Mrs. Masham's dressing room, and took it out. I asked him at that time, what else he had robbed me of; and as fast as he told me, I wrote them down - the buckle is worth ten pounds at least. He said he had robbed me of a fifty pound bank note. Then he told me of the clothes which he had taken and pawned: he said he did not know the peoples names, but he would go with any body, and shew them where they lived. The clothes have been found, and I have received every thing again that I know of, except the fifty pound bank note.

Cornelia Augier . I lodge at a perriwig-makers in Saville-street - my husband washes white silk stockings: the prisoner used to come twice or thrice a day to our house; he came that week he was taken up, very dull, I asked him what was the matter with him, he said, whatever things were in pledge were his master's, and he was afraid of his lady's coming to town, and he must be obliged to make off. When my husband came home I told him this, and I was advised to go to a Counsellor in the Temple, and I went on step by step by his direction, and he advised me to go to his master.

Q. Why did you go to a Counsellor?

Augier. Because my husband had pawned some things, and the prisoner's saying he was obliged to make off, I was afraid we should come into trouble: I met Mr. Masham at White's Chocolate-house, and I said there were several things in pawn which were his Honour's, according to the Prisoner's declaration to me; on Saturday morning the Prisoner came, and said he believed his Master had a suspicion of it; I desired he would throw himself at his Master's feet, and implore his mercy; he said, I shall be too much dishonoured by that; he shewed me the buckle, and said, where he had that, he might have taken a great many more, but his heart misgave him: so I went to Mr. Masham's house, and acquainted his butler with it.

Samuel Orton . I am a Pawn-broker; I know very little of the Prisoner; my dealings were with Mr. Augier; those cloaths which I delivered to his Honour, I had a suspicion were not Augier's own, so I sent my servant to his lodging, (as I was told) and there was the Gentleman dressed as a Gentleman of fortune; and as Mr. Augier was a man of character, I took the cloaths to be the Prisoner's own cloaths.

Nicholas Augier , (by an interpreter). The Prisoner used to bring some cloaths to me to pawn; I remember a grey frock, in particular, with a gold lace [this frock was produced, and proved to be Mr. Masham's.]

There was a black velvet coat, a brocaded waistcoat, and several other rich apparel of Mr. Masham's produced, which the Prisoner had brought to him to pawn; and when he brought them he said they were cloaths his master had left off, and given to him.

Joseph Parker . In March last Mr. Augier came to Mr. Orton's, and brought a brocaded waistcoat to pawn. My master, knowing it was not Mr. Augier's, he enquired whose it was. Mr. Augier said it was a Gentleman's that lodged at his house; my master sent me to enquire; when I came there, I saw the Prisoner dressed like a Gentleman. I asked Mrs. Augier whether the Prisoner was a Gentleman, and lived upon his fortune; then she talked to him in French, and she told me that he traded from France to England, and that he was a person of a good fortune, [there was one of Mr. Masham's waistcoats produced, which he said he saw the Prisoner wear].

The Gentleman, who was sworn interpreter, informed the Court that the Prisoner said he had no intention to wrong his master, but he had lost some money at gaming, and in order to pay (that which he called) a debt of honour, he took those things of his master's, and pawned them with a design to replace them; he said, there are two houses in Covent-garden, one that goes by the name of My Lord's, and the other, My Lady's, but which it was he lost the money at, he can't tell; that he pawned those things in order to retrieve himself, but could never do it: he said he had served his master honestly and faithfully for a considerable time; and when he came over with his master from France, he had a gold watch, and had saved money in his service: he had no body in England to appear to his reputation but his master. He asked his master's pardon, and assured him he had no intention to rob him.

Mr. Masham. Till this discovery, I had no reason to think him a rogue, or to suspect him to be dishonest; for I have trusted him with things of great value, and I never mistrusted him. Guilty , Death .

Mr. Masham recommended him to the favour of the Court.

71. + John Marshall , of St. Luke's , was indicted for stealing two bird cages, value 2 s. four canary birds, value 20 s. and 4 l. in money, the property of John Smith , in his dwelling-house , Sept. 7. 1743 .

John Smith . The prisoner lodged with me eight or nine months, about three years ago, and was willing to do any thing in the house; and when I moved (as he was a Carpenter ) I employ'd him to move my goods. I lost in August and September was twelve months, seven or eight pounds out of my till, for sometimes I left the keys in the till. Once in September was twelve months, when I went up to lay down, the Prisoner came to my bed side, when he thought I was asleep, and took the keys out of my pocket; I went down after him, and saw him pull out the drawer of the till, put his hand into it, take part of the money out, and put it into his coat pocket; said I, John, what do you with the money? he said he wanted to change half a guinea; I asked him where the half guinea was; he said, D - n you, do you think I am a thief? then he threw the money into the till, and a tooth pick case along with the money. About two years ago I made him a present of two birds and two small cages; I went to his mother's house, and saw five hang up in the kitchen: I got a search warrant, and found three cages, which was one more than I gave him; one of the three was mine. One John Rogers told me he had a cage and two birds which were mine; I found one of my cages and one bird which I could swear to, but I would not, because he had pulled the feathers off: those two birds that I lost cost me thirty-five shillings, they were for breeding. About two years ago, when I had a sit of illness, I lost a matter of ten pounds - I can't say that I lost any money when I catched him at the till, for he threw it in again. When he found I was going to indict him, he put me into the Crown; and at a house in Palace Yard he jumped out at the window to get away from me.

Coun. Han't you had some quarrel with him?

Smith. Never but when I bid him get out of the house, and never come in again.

Coun. Did you ever trust him to receive money?

Smith. I never did.

Q. When he took the keys out of your pocket, was your coat on or off?

Smith. It lay by my bed-side.

John Bray . I have seen the Prisoner frequently at Mr. Smith's till, and take money out.

Q. How came you to see him take money out of another person's till, and not discover it?

Bray. I did not know how affairs stood between Mr. Smith and him; he said, he had part of the trade with Mr. Smith.

Prisoner. Did not you buy a bird of one Scot to make me a present of?

Smith. Yes, and you had it - it was in a little gilded cage, but one bird could not be in two cages.

Prisoner. The bird you gave me died, and you made me a present of two more. These birds were sent to my father's house in order to breed, and you desired I would come to your house to make a partition for your birds.

Smith. Your tongue is very smooth, John.

Sarah Wrench . I was servant with Mr. Smith when the Prisoner lived in the house; he was there till they quarrelled.

Q. What did they quarrel about?

Wrench. My master said he lost his money every day, and had not money to pay his distiller. I said, who should you look to for your money but Marshall; you trust him to take money for beer and liquors; (for my master never trusted me with the keys) and last Monday was three weeks Mr. Smith came to me, and said, I must right him, and clear myself; and if I did not appear as an evidence against the Prisoner, he would indict me next Sessions.

Alexander Cowan , (Constable) I found this cage in a little room at the Prisoner's father's; [this cage was claimed by Mr. Smith as his property.]

Prisoner. Did not the place appear to be fit for breeding birds?

Cowan. Yes, it was fit for that purpose; there were nets round the windows.

Prisoner. I believe Mr. Smith through his malice is capable of swearing any thing; and I do assure your Lordship, I am not guilty of the fact that is laid to my charge; and if your Lordship will give me leave, I shall bring such witnesses as will satisfy your Lordship that I am innocent.

James Pickersgill . I was employed about six weeks ago by Mr. Smith to take the Prisoner, and I took him by the Hermitage; he desired to go to a friend's house, I went with him, and in going along he made his escape from me, went over some pales, and got into an empty house, where there was only one inhabitant.

Q. I thought you said it was an empty house?

Pickersgill. There were some women came into the house and threatened to kill me, and one man with a carpenter's saw threatened to knock me down.

James Buck . I am subpoena'd both by the king and the Prisoner. The Prisoner indicted the Prosecutor for an assault, it was tried in the Sittings after last Trinity Term, and there was a verdict given for the Prisoner at the bar; I was with him in Old Palace Yard, and he appeared publicly with his witnesses, while he was carrying on the prosecution against Smith. The Prosecutor (Smith) had spoke several hard words against the Prisoner, and he was advised to get out at the window to avoid being abused, and he did go out at the window.

Mary Marshall . I am the Prisoner's mother-inlaw; a man came to me the 7th of March last with a search warrant to search for these birds, the birds had been at my house a year and an half, and Mr. Smith has been at our house twenty times since, and my son has sent for him to look at the birds when they were not well; (indeed he did keep from my house, because Mr. Smith threatened to arrest him for twenty pounds for board) he has taken the cages down twenty times, and looked at the birds.

Q. Did he ever complain of their being stolen?

Marshall. No, never.

Prosecutor. I would only ask in what manner the Prisoner has lived these three or four years last past?

Marshall. He has worked sometimes wit h his father who is a carpenter, and if he had not spent so much time with Mr. Smith, it would have been better for him.

Mrs. Rogers. Mr. Smith used to come frequently to the Prisoner's father's, and there were three or four cages hanging up, and he saw them; he came in a friendly manner.

Barbara Rogers I live at Lambeth. Last good Friday, Mr. Smith came to my house with a search-warrant, to look for birds and bird cages; he found one bird and two bird cages, which he said were his, and he said he would indict my son, for receiving stolen goods, and that he would prosecute, and persecute any body who dared to entertain the Prisoner, or take his part, even to death; and as for the old rogue his father, and the jade his mother-in-law, he had not done with them yet, as they should find; that he would make that villain [the Prisoner] run his Country, and if he got him in goal, he would take care to keep him there. Mr. Smith bid me not be frightened, for he did not intend to do me any harm; if I would produce the Prisoner; and make him give him a general release, which he knew was in my power to do: he said, Marshal had put him in the crown, and he was resolved to have his life for it, without he came to an agreement, and acquit him from the indictment; and he said he would be the ruin of me. He insisted upon my finding the birds out, and if I did not, he would swear they were stolen out of his house, and he would prosecute me. I believe the Prisoner to be a very honest man, and if I had not thought so, I would not have let him have been in my house. I am certain he has had opportunities, that would have been more advantageous to him, than these trisling affairs. He did keep out of the way, not on account of this indictment of Mr. Smith's, but only for fear of being arrested. Acquitted .

The court granted the Prisoner a copy of his indictment.

72. 73. Rachael Merttins and Elizabeth Ludford , of St. John's Hackney , were indicted for stealing a Moidore, value 27 s. and 7 s. and 4 d. in money , the property of Anthony Ford , Nov. 18th .

Mary Ford . I sell milk , I lost a moidore and 7 s. and 4 d. in half pence, out of a closet in the kitchen; the closet door was locked when I went out, about half an hour after four in the afternoon; and when I came back it was open, and the money gone, Ludford is my servant , I asked her who had been there, and she said Rachel Merttins - Merttins was sent for, she denied it for some time, but afterwards owned she had 7 s. 4 d.

William Corne . I am a headborough. Mrs. Ford sent for me, and said, she had been robbed, and that she had a suspicion of Rachel Merttins: she was sent for, and came; I asked her where the money was that she took; she said, if I would go with her, she would show it me: I went with her, and as we were going along the street, she took out her pocket, and said, here's the money; said I, I thought it had been in a tin pot; she said, she had taken it out of the tin pot, and had thrown the tin pot into a garden: she said, that Ludford had the moidore - Ludford did not confess any thing.

John Stowart . I was in the house between four and five in the afternoon, and the Prisoners were whispering together, I said, there was no whispering, but there werelies; and Merttins said, what business was that of mine, they bid me go out to play. I was gone about two or three minutes, and came in again; and Merttins said, she had made some caps for Ludford, and was to have a shilling for making them, then they whispered; I said again, there was no whispering, but there were lies: then they bid me go out again; I went to serve my cows, and staid about a quarter of an hour. Rachel Merttins 's husband came in, and gave her a kick, and soon after she went out.

Mertins. I had this money from Ludford, but did not know that it was stolen. Merttins Guilty 10 d. Ludford Acquitted .

[Whipping. See summary.]

74. 75. Mary White and Mary Williams , of Christ Church Spittle-fields , were indicted for stealing a copper pot, value 4 s. 6 d. a copper coffee pot, value 4 s. five brass candlesticks, value 6 s. and ten pound of old brass, value 6 s. the goods of Isaac Tolke , Oct. 31st .

Isaac Tolke . Mary White is my apprentice she is about fourteen years of age. On the 31st of October I came down sooner than ordinary; she was up before me, and gone out: I saw the shutters down, (which are very heavy;) I was very much surprised; I called her, and went out, but could not see her. I spoke to my housekeeper, and told her, I had missed some candlesticks, which I put in my self at night, and which were chained to some others upon a table; she said, it was no strange thing. Some time after my apprentice came in; I asked her what became of such things, she said, if I would not hurt her, she would tell me what she had taken; I told her, I would not hurt her, and she told me: I asked her, who was concerned with her, she said, Black Moll, [the other Prisoner: she belongs to a person who sells fruit in the market.] The person she sold the things to one Frances Nevit , facing White-Lion yard in Bishopsgate street : she said, she sold the copper drinking pot for a shilling; the copper coffee pot for eight pence, and three candlesticks for a shilling. Another time she sold some old brass for six-pence, (Black Moll went with her to sell the things,) and she gave another person they call Good Sense three pence of the money. I got a search warrant, and found some of the brass candlesticks in Nevil's shop; I took up Mary Williams in Duke's place, and she confessed she went with my girl to Nevil's to sell the things, and had part of the money; and that she waited in the alley, and bid my girl take the things: she said she had 8 d. out of the first shilling, that the pot was sold for, and six-pence out of the next 8 d. the remainder my girl had.

Mary White made a voluntary confession before the Justice; which was reduced into writing, wherein she acknowledged the stealingthese things, and that they were sold to Frances Nevil , next door to the King and Queen in Bishopsgate street for 2 s. 8 d.

The Constable said, that Williams owned she was with Mary White when she sold them, and had part of the money.

Bridger Lamb deposed, that Williams made the beforementioned confession.

Mary Williams . The Prosecutor used all the means he could to make me confess, and said, if I was afraid of taking a false oath, I was very strict; for I had better hang an hundred persons than myself, and desired I would confess; and because I would not turn evidence, he said I should be tried for it myself.

Tolke. I never gave her any other encouragement, than telling her, if she confessed it would be the better for her. Both guilty 10 d.

[Transportation. See summary.]

76. Martha Kirby , of St. Mary, Whitechapel , was indicted for stealing a camblet gown, value 20 s. and a velvet mantelet, value 15 s. the goods of Enoch Wharton , Nov. 9 .

Enoch Wharton . I live in chambers in Goodman's Fields ; on the 9th of November, between one and two, the neighbours called to me, and said a woman had taken something out of the window. I asked her what she had got, she said, nothing of mine. I took her into the house, and searched her, and found the things upon her: then she said a good woman had put them into her lap.

Charles Brookin . I live over against the Prosecutor, I saw the Prisoner put her hand into the parlour window, and stoop: I did not see her take any thing out, but I saw something red in her lap. Guilty 10 d.

[Transportation. See summary.]

77. Mary Kemp , of St. George, Middlesex , was indicted for stealing a tea-kettle, value 2 s. 6 d. a laced cap, value 2 s. a scarlet cloth cloak, value 2 s. a check'd apron, value 1 s. and a shift, value 1 s. the goods of John Eastwood .

Hannah Eastwood . I lost these things in April last, the Prisoner lodged in my house; I had other lodgers, but missing several things, I turned them away; when they were gone I looked over my things, and missing more I charged her with them; said I, no body can have them but you; she sell a crying, and said, if I would forgive her, she would bring me my mob in a very little time; she brought the mob, and said she would bring the rest the next day. I missed a tea-kettle the day following, and before I came down she had put on my cloak, apron, and shift, and went away; I found her that night near Bond-street, and she had all the things upon her back; when I asked her for the things, she run out into the street, and said, D - n you, you b - h, if you offer to touch me, I'll swear a street robbery against you, and buy twenty times as much with the reward. I found her afterwards in Covent garden, with the apron on, but she had made away with the shift; I asked her what made her take the things, and she said she took them to dress herself up to be a whore, called me b - h, and used me very ill; I never went after her any more, for she belonged to a gang that I was afraid of; one who lodged in my house saw her come into a pawn broker's, where she had pawned my tea-kettle, and borrow six-pence more upon it.

Joseph Copp . The Prosecutrix is a very bad woman, and makes it her business to indict people to extort money from them; she bears such a character, that she is not to be believed upon oath, and I have witnesses to prove it. I have known the Prisoner from a child, and her parents were honest, creditable people.

Hannah Ireson . The Prisoner lived with me; I am sensible she was indicted, because the Prosecutrix could not get her to swear for her in her base Prosecutions: she bears as vile a character as any woman in England, and the Prisoner bears a very good character. Kemp guilty 10 d.

[Whipping. See summary.]

+ 78. 79. 80. 81. 82. 83.

William Norwill , otherwise Long Will , William Billingsly , otherwise Gugg , Joseph Field , otherwise Nobby , Thomas Wells , otherwise Kitt , John Potbury , otherwise Jack the Sailor , and Henry Gadd*, otherwise Scampey , of St. Botolph Bishopsgate , were indicted (together with Samuel Bannister , William Norman , John Neale , and Richard Morris not yet taken,) for assaulting Edward Jones , on the King's Highway, putting him in fear, and taking from him a silver watch, value 50s. and a steel seal, value, 1 s. Sep. 28th .

*Henry Gadd was reputed to be an Apprentice to Joseph Field in this Employment.

Edward Jones On Sept. the 28th as I was going along Devonshire street near Bishopsgate , about ten minutes after eight at night, I was robbed of a silver watch.

Q. By what number of people?

Jones. Eleven or twelve people husled me, and pinned me up against a wall, and a little youth, about as high as my navel, took my watch out of my pocket - It was a lad about the size of the little boy at the bar [Gadd] I am pretty well assured it is him, but I can't be positive. There was one little fellow (I think it was Jack the Sailor), who said, You dog, or D - n you you Dog, I'll peg you; and gave me a little blow, but did not hurt me - I can't be positive to any of them, because it was in the dark. I was sent for to Bridewell, and they informed me there was one they called, the Old Man, who was turned evidence; I went to him to the Poultry Compter, and he told me who they were that robbed me.

Field. I desire he may be asked what circumstances he has to know that any of us were concerned in the robbery.

Jury. Was Field the person that struck you?

Jones. That little chap, [Potbury] I saw something of his face by the light of the lamps, and I believe he is the person - they husled me up, and I said, Gentlemen, what do you mean by husling me? and I cried out, Thieves, and murder! Then one of them cried out, Coach; one called out one thing, and another another thing: they made a noise like a parcel of ravening wolves. I did not imagine that a robbery was committed; it was done in a quarter of a minute, and then they went about their business. I thought they had been a parcel of srolicksome young sparks; I did not think they were street robbers.

William Harper . On the 28th of September, the Prisoners at the Bar, Jack Neale , Richard Morris , William Norman , Samuel Bannister , and myself, went from Chick-lane to Jack Neale 's, and in our way we took a watch from a gentleman; from thence we went into Devonshire-street, and met this gentleman: I can't say, the Prosecutor is the person; because it was dark; and Jack the Sailor took a watch out of his pocket.

Q. Had they any cutlasses?

Harper. They had cutlasses.

Q. Had Gadd a cutlass?

Harper. Yes; it was an old one of one Samuel Sonee 's, (which was broke) who is not taken yet; the Gentleman cried out, Thieves, and we went into Devonshire-street, and cried out, Coach; we all made a noise, that the people might not hear him.

Q. How many of them had cutlees?

Harper. Bannister, Norman, and Morris had.

Q. Had Field a cutlass?

Harper. He had not one then; I believe he never carried one, for he used to tell them it was wrong to cut and slash People after they had robbed them.

Q. Had you a cudass ?

Harper. I never carried a cutlass or pistol; Billingsly, Potbury, and Wells, used to cut and abuse People, and threaten to murder them.

Q. Have not you heard Field complain of their cruelty in cutting People in that manner?

Harper. Yes, I have; and I have heard him say they were worse than Blewitt and Frasier, to cut and slash people in that manner; and told them, if they did so, he would not go with them, and he often persuaded them from it; they were angry with him because he would not buy a hanger, and he used to tell them he had no money; when he had money they told him, you have money now, why don't you buy one? but he made some excuse, and would not buy one, because he did not approve of their proceedings. He frequently told them, is it not enough to rob people without cutting and hacking them? We went that night into Goodman's-fields, and took another Gentleman's watch, but they did not strike him because the man was pretty easy, and went away about his business; then we came up Rosemary-lane, and coming towards Aldgate they attacked another man, but they did not rob him because some people came out of their shops, and we were pursued. Wells had a horse pistol that belonged to Jack the Sailor; he said, shall I fire at them, he turned about and fired, and they all left us.

Prisoner Field. I said to the evidence Harper, how came you to put me into the information, when you know I am not guilty? He said, he had given his information, and he could not help it. Said I, would you send your soul to the devil, to take away the lives of so many poor innocent People? the Thief-takers make a trade of it, and do it for the sake of the reward.

William Day (Beadle of Portsoken Ward) on the 28th of September, between nine and ten at night, hearing a noise in the street, and a cry of Stop thief, I went out, saw several fellows, and catched at one of them, upon which he cut at me two or three times; I got my hat and staff, and called out, Thieves, murder, Thieves, murder; one of them, a tallish Person, presented a pistol at me, and fired; I stooped, and it happened to miss me.

Q. to Harper. Who fired the pistol?

Harper. Wells did.

Jury. Had any of the others a pistol?

Harper. I believe Jack the Sailor had one, but it was a pocket-pistol, the pistol that Wells had belonged to Jack the Sailor.

Q. What day of the week was this?

Harper. It was on a Friday night.

Day. It was on a Friday night; there was one Rosse stopped that night, and I hearing an outcry went after them; Mr. Rosse was not robbed, but there was one Mr. Winwood robbed that night.

Q. Had you ever any conversation with Harper?

Day. No, never.

Q. How came you to be here?

Day. I am here upon a subpoena upon another account.

Q. Ask him what circumstance he came upon to day?

Day. There was a watchman killed in August last, and I understood that the person who is charged with that fact, was to surrender himself to day. I attend upon that account.

Harper. Billingsly and Jack the Sailor were generally very cruel; for if a person did but turn about to look at them, they would knock them down: there was a piece of a skull taken out of a man's head, occasioned by a blow that they gave him, which would surprize you if you were to look at it.

Wells. I don't know any thing of him.

Harper. What, don't you know me?

Wells. No, I know nothing of you.

Harper. Don't you remember when you went to the Windmill in Cow-cross, in order to kill Mr. Jones the City Marshall, and Mr. Broomer?

Wells. No.

Josiah Risby . I live in St. John's-street; I am a Carpenter: Joseph Field was bound Apprentice to me in the year 1738, and served four years of his time with me; he thought he could get into a place where he might learn more than he could with me, as I am chiefly in the jobbing way; he said he wanted to learn framing, and wanted to go away; I told him he should go if he could get a Master, but he did not; he afterwards grew uneasy, and he went away, - this is between two and three years ago; - he never did me any injury during the time he lived with me, or any person that I worked for; since he has been gone I have heard he has been sometimes with his Aunt, and sometimes in the Country, but how he spent his time I can't tell; 'tis a pity he has brought himself under this unhappiness.

Hannah Holt . I have known the Prisoner ever since he was born; he was born at Hitchin in Hertfordshire, and came of a very good family.

Q. Are you any relation to him?

Holt. I am his own aunt; I don't know any harm of him, he had a very good character in the country, and is as honest a young fellow as ever was born, for what I know.

Q. How has he lived lately?

Holt. Really I can't tell.

Field. I worked three qu arters of a year with one Mr. Austin in the country, and at Sir Danvers Osburne's house near Cliston, and at a Lady's at Hutton.

Q. to Mrs. Holt. Has he lain at your house lately?

Holt. No, he has not; - he has not within these three or four months. All Guilty , Death .

The Jury, on account of Joseph Field's being of a more merciful disposition than his companions, and endeavouring to prevent their cruelty in cutting, and otherwise abusing the Persons they robbed, begged the favour of the Court to recommend him to his Majesty for mercy .

Joseph Field , otherwise Nobby, William Billingsly , otherwise Gugg, Thomas Wells , otherwise Kitt, John Potbury , otherwise Jack the Sailor, and Henry Gadd , otherwise Scampey, were indicted (together with William Norman , otherwise Party, Thomas Giles , otherwise Chimpin, Samuel Bannister , and Richard Mozris , otherwise Irishman, not yet taken) for assaulting Thomas Pestell , on the King's highway, in the Parish of St. Lawrence Jury , putting him in fear, &c. and taking from him a gold watch, value 12 l. a gold chain, value 30 s. and two Cornelian seals set in gold, value 10 s. his property , Sept. 22 .

They were also indicted (together with the aforementioned persons not yet taken) for assaulting William Vanham on the King's highway, in the same Parish, putting him in fear, &c. and taking from him a watch, value 5 l. a metal chain, value 5 s. and a Cornelian seal, value 5 s. his property , Sept 22 .

As the Prisoners were all capitally convicted upon other indictments, they were not tried upon these.

84. William Turbutt , of St. Giles in the Fields , was indicted for receiving a silver watch, of the value of 50 s. (which William Brister , Theophilus Watson , James Roberts , John Potbury , William Billingsly , and Henry Gadd , were this Sessions severally convicted of stealing from the person of Joseph Underwood , on the King's highway, Aug. 24.) knowing it to be stolen , Aug. 28 .

William Harper . I know the prisoner very well, - he lives in Sharp's-alley.

Q. What business is he?

Harper. The same business as we are.

Q. What is that?

Harper. A Thief.

Q. Did he go out a thieving?

Harper. Yes, but not along with us; but I have seen him with others, they did it in a more genteel manner than we did.

Q. What! was he above you?

Harper. Yes, a great deal.

Q. Had you ever any dealings with him?

Harper. Yes, about eleven weeks ago we got in one night seven watches, three gold ones, three silver ones, and a Pinchbeck: we got one in Charter-house-lane, one in Aldersgate-street, two in King-street, another in Fenchurch-street, and that man got his arm cut. - We sold these watches to Turbutt the Prisoner the next day, we went to him in the morning, and he bid us thirty-two guineas for the seven; we thought it was too little, so we went to three Jews in Duke's-place (I don't know their names) and they would give us three pounds an ounce for the gold, but they would not give us any thing for the work; so we went back again to the Prisoner, because thirty-two guineas were better than thirty pounds. We went to one Jack Neale 's who lived in the alley, and from thence to one Tom Giles 's house, and the Prisoner gave us the thirty-two guineas - he gave the money to Tom Giles (one who is not taken yet) and it was divided in Cross-lane in Holborn; we divided three guineas apiece among ten of us, and the rest of the money was spent at the Horse and Groom in Crosslane.

Q. Then he gave you a good price; do you think he knew how you came by them?

Harper. He knew what we were, and how we came by them; for he went a picking of pockets with me two years ago: when he paid us for the watches, he said we were very hard with him, and ought to give him a bottle of wine.

Q. I suppose you appeared like gentlemen?

Harper. We appeared as we could; sometimes we had a shirt, and sometimes ne'er an one.

Q. How were you dressed then?

Harper. Some were dressed clean, and some were in a ragged dress.

Q. Did you make any difference between a Sunday, and a working-day?

Harper. I never did.

Q. Did you at any other time sell him any more?

Harper. The Sunday following we sold him six watches more, four silver ones, a gold one, and a Pinchbeck; we sold them for twelve guineas.

Q. This was a good week; how much money had you left out of this?

Harper. Perhaps never a peny the next morning. Some had money left, and some had none; and may be never a shirt - we used to play with one another; and if we lost, those that won would not give the losers a drop of gin to save their lives, unless they liked them very well. There was a sword among these watches, and the Prisoner said, as he gave us twelve guineas for the watches, we must give him the sword; but I think at last he gave us two shillings, or half a crown for the sword: he said he would wear that himself - There were all ten of us present at the selling this parcel.

Q. Did you ask one another's leave who should take the money?

Harper. We did not use to rob one another in this way; we used to sink upon one another sometimes; that is, wrong one another privately.

Prisoner. I never bought a watch of them in my life, and never concerned myself with any of them. I know them no otherwise, than by their going by my door.

Harper. I have known him four years, and used to go with him picking pockets privately in the streets, and at the playhouse.

Q. Was not there a watch stolen on Bartholomew day?

Harper. Yes.

Q. What was that sold for?

Harper. It was sold for twenty-eight shillings?

Q. Who was that sold to?

Harper to the Prisoner - The watch we took from Mr. Underwood we sold to the Prisoner, on the 28th of August.

Prisoner. I keep a house in Sharp's-alley by Cowcross, and pay seven pounds ten shillings a year, and deal in horses. I go to Smithfield every Friday, and work as hard as any young fellow in England. I have a stable in Sharp's-alley that holds two horses - I have had but two or three lately.

William King . I live with Mr. Downs, a dealer in horses. I have known the Prisoner these four years; I have seen him at several country fairs buying horses, and often in Smithfield: I know no otherwise but that he is a very honest fellow, and I take him to be so.

Samuel Atkins . I am a baker on Puddle-dock-hill; I have seen the Prisoner in Smithfield dealing in horses .

Joseph James . I have known the Prisoner seven or eight years, and know him to be a very honest man: I am a helper to dealers in horses, the Prisoner has been a dealer five or six years.

John King . I am a butcher, I have known the Prisoner three years; I bought a horse of him some time ago, and believe him to be a very honest man.

- Pridmore. I am a butcher, my uncle buys horses of the Prisoner: I have known him about a year - I am very little acquainted with him - he has the character of an honest man.

Q. Did you ever hear any body say any thing of him?

Pridmore. No.

Q. Did you ever hear any body say he was an honest man?

Pridmore. Yes, a great many. Guilty .

[Transportation. See summary.]

85, 86. + Benjamin David Woolf , and Hannah* Moses, otherwise Samuel , of St. Giles in the Fields , were indicted for stealing a skillet of silver, weighing 57 ounces, 12 peny weight, val. 16 l. 6 s. 4 s. 3/4, the property of John Barbe , in his shop , Nov. 19 .

* She is the reputed widow of Samuel Moses , who was convicted for a Burglary last December Sessions, [Page 30, Trial 74] and executed the 17th of February.

John Barbe . I am a silversmith by the Seven Dials ; on the 19th of November the prisoners came into my shop, and asked for some silver spoons, I told them I had none, but should the next day; they asked me to shew them a pair of falts which hung up in the window, (I had the piece of silver in question in my hand, for I was looking whether it had any flaws, and laid it down on the work board.) I had no suspicion of them because they were well dressed; she took it into her hand, whispered two or three words to him, and then found fault with the plate: he said he was a Hamburgh merchant, and exported a great deal of plate, and desired I would give him a direction where I lived; the woman went away in about two minutes, and the man desired I would come and drink with him in the neighbourhood; I desired him to drink at my house, but he refused it; when I had put the salts up I missed the skillet of silver, and no body had been in the shop but them; I got information of them that night, and found them the next night at the Black Boy and Trumpet on Tower-hill; they denied that they knew any thing of the matter; the woman owned she was in the shop, but the man denied it. I never heard of the silver again.

Benjamin Harper . Mr. Barbe told me he had lost a skillet of silver, and desired I would go with him to see after the Prisoners; he, his man and I, took a couple of daggers, or swords, or cutlasses, and went to the Black Boy and Trumpet on Tower-hill: Woolf was there; when Mr. Barbe spoke to him, he said he never saw him before with his eyes; I left Woolf in custody, and found the woman [Moses] at her own lodging about seven or eight at night; her landlord at first denied that she was at home, and did not care to let us in, but I said I had a search warrant, forced open the door, and went up stairs: she was unwilling to open the door at first; when I went in I asked her whether she was not at the Seven Dials; she said, yes, she went to buy a pair of salts; she denied that she knew any thing of the silver; she said before the Justice she did not know but she might be there, or she might not be there.

John Gray . I am Mr. Barbe's Apprentice; the Prisoners were at our shop; I was left in charge of Woolf at the Black Boy and Trumpet; he delivered some keys and a watch to his Landlord: the watch has since been owned.

Richard Sell . I have known the Prisoners about three or four months, - I don't know what character they have, I only know them by their calling for a pint of beer now and then.

John Faire . I have known Woolf ever since he came to England, my mother kept a public house, he used it all that time, I never heard any thing amiss of him.

Barbara Page . I have known the Prisoner twelve months and better; he has frequented my house many a time; I never saw any thing that was amiss by him: I have seen the woman at different times, and never saw any thing but what was fair and just; I never had any dealings with her. Acquitted .

87, 88. + Benj. David Woolf , and Hannah Moses , otherwise Samuel , were indicted for stealing a gold ring with a ruby stone, and two diamond stones set in the same, value 4 l. 4 s. the property of John Deval , in his dwelling-house , November the 10th .

John Deval . I am a Jeweller in Throgmorton-street ; about six weeks ago the Prisoners came under presence of buying jewels of different sorts: Woolf looked upon some seals, and Moses looked upon some rings; I saw that she put one of the rings upon her finger, and put her hand towards her breast; I thought she was going to put it into her bosom, so I caught her by the hand, and she let the ring fall again into the drawer; then I desired them both to be gone out of my house; the man said he had no intention to steal any thing, and would buy to the value of twenty five or twenty six pounds in seals and rings, which he had looked out, and desired I would send them and the bill of parcels to the Rainbow Coffee-house in Cornhill, ask for one Bourne, and he would pay the money, but I saw very well what sort of People they were, and I would not send them. My man followed them to the King's Jeweller, and informed them what sort of People they were, and they turned them out of doors. Acquitted .

89, 90. + Benj. David Woolf , and Hannah Moses , otherwise Samuel , were indicted for stealing a silver watch, value 3 l. 3 s. the property of Joseph Higginson , in his shop , Aug. 25 .

Sarah Higginson . My husband is a watch-maker in Shadwell : in August last, just before Bartholomew day, the Prisoners came into the shop about twelve o'clock, and said they wanted some watches to go over sea; I said I had none that would come under three guineas, or three guineas and an half; they desired to see them, and I shewed them eight or nine. I delivered them to the man [Woolf] and he delivered them to the woman. My husband was abroad: Woolf asked me what time he would be at home; I said he had ordered dinner to be ready about two o'clock, and I expected him home then; they desired I would lay them by, and if there were any that suited them, they would come again at two o'clock; they hung some up, and I hung some up. - I did not miss any then, for I was so inadvertent as not to mind how many I shewed them, but I found afterwards that I had lost one.

Q. Was there any body came into the shop till you missed the watch?

Higginson. No, no body I am sure, for I was not out of the shop; I never heard of the watch again till it was advertised by Sir Thomas Deveil .

Benjamin Harper . When Mr Barbe went to look after his silver, I went along with him to see for the prisoners, and Woolf gave his landlord a watch; the next night we had a search warrant, and I found the watch at Woolf's lodging, I asked his landlord for the watch Woolf's had given him the night before, and said I must have it: [the watch was produced by Sir Thomas Deveil 's clerk] I believe this is the watch. - I am very positive 'tis the watch, for there was no mark or number to it, and I thought it had been made for the Jews upon that account.

Woolf. Harper says the watch was found in my lodging, but it was not found in my lodging.

John Lang . I made these cases for Mr. Higginson, here is my mark upon them.

Cornelius Herbert . I finished this watch for Mr. Higginson the 11th of August last, and delivered it to him, and he paid me for it.

Hannah Moses . I had this watch four years ago, and offered to sell it three quarters of a year ago.

Woolf. I know this is her watch, and that she had it of her husband; why should I go to spoil my credit, to rob her of her watch.

Timothy Fagan . I have known Woolf about five months, and the woman about three months; the two prisoners lodged in my house, and never kept late hours, nor were out early, and always behaved well.

Q. How came you to turn Woolf out of your house?

Fagan. I did not turn him out.

John Alexander . I am a Taylor, I have known Woolf these six years, and have worked for him ever since: I have left the work at his house, and he has paid me very honestly for it in a day or two. I let him have a watch to sell for me, and he brought it back again very honestly, and said he could not get so much for it as I would have.

John Pattiman . Mr. Woolf lodged at my house, and always behaved civilly to me.

John Faire . I have known Woolf four years, and never knew any harm of him in my life; I have known him live three days upon a half-penny worth of bread, when he first came over.

Woolf. He says the watch was finished in August; I know the woman would have sold it three quarters of a year ago.

Faire. I know Wolf would have sold me a silver watch, with the maker's name Higginson upon it, about June last.

Joseph Higginson . My watch had not the name of Higginson upon it; it had only the name of Higgins?

Q. Why had your watch only the name of Higgins?

Higginson. Because I never put my name at length to any of my watches under six guineas.

Q. Was the name on the watch that Woolf offered to sell you, Higgins or Higginson?

Faire. It was either Higgins or Higginson, I can't tell which.

Woolf. I have got a receipt for this very watch. A receipt was produced, which appeared to be a receipt for another watch: the maker's name Wilson. Guilty Death .

91, 92. + David Shaddows , and James Ruggles , of St. Martin's in the fields , were indicted for assaulting John Church , in a certain open place near the King's highway, called St. James's Park , putting him in fear, &c. and taking from him a silver watch, value 40 s. a stock-buckle, value 5 and two shillings and two-pence halfpeny in money, his property , Sept. 17 .

John Church. On the 17th of September I had been at Hide- park-corner about a little business and going from Hide-park to St. James's Park, in order to go to Westminster, when I had got almost to the bottom of Constitution-hill , in the Middle Park, before you come to Buckingham-house, I was met by a person who called himself Brown to the best of my memory.

Q. What time o'night was it?

Church. When these fellows light of me, it was not above half an hour after eight.

Q. What did Brown say to you?

Church. I don't know that he said any thing, unless that it was a fine evening. I did not much like him, and I walked the breadth of the table from the path, because I did not like him. In about a minute and an half, or two minutes time, I heard somebody running, and saw two persons running towards me. When they came up to me, I believe I could have thrown a stone to the bottom of Buckingham green-house.

Q. Who were the persons that were running?

Church. The two Prisoners were both running, I think I can be sure to both of them, but I am sure Ruggles was one; and I could swear to the other, but I don't choose it. There were three of them came up to me; they never said, Stand, and deliver; but one of them, which I take to be Shaddows, stooped, and took hold of my two legs, and threw me down.

Q. What did Ruggles do?

Church. I will not be positive what he did, but they threw me down upon my back, and beat me in a most violent manner.

Q. Did they make use of sticks, or their fists ?

Church. They made use of nothing but their fists, and I found them heavy enough, for they beat me so, that there was not such a spectacle seen: I had not an eye to see out of; nor could I open my mouth to take in my victuals: and one of them choked me: I can't be positive who it was, but I think it was Ruggles. Then they laid hold of my side-pockets, and tore them off. After they had done that, they fell backwards, but did not fall quite to the ground. The man that was choking me, took my stock and stock-buckle off, and ran away to the rest; they took a silver watch from me, and two shillings and two-pence halfpeny, which I had in my pocket, and went directly to Hide-park-corner - I have not had my watch, or any thing again.

Shaddows. Do you know what day of the week it was?

Church. Yes, I do; it was on a Monday.

Shaddows. What time o'night was it?

Church. I have told that already.

Shaddows. Do you know any thing of me?

Church. Only what I have said.

Rowling Brown. The two Prisoners and I met Mr. Church, not where he says, by Constitution-hill, but in the park; he was sitting upon a bench in the park, and I sat down by him, and falling into conversation, he said it was pleasanter walking than sitting, and asked if I would not take a walk. We walked in the middle of the park till we came to Buckingham wall, pretty near the ice-house, and then he began to meddle with me, and pulled out what he had, and put it into my hand, and wanted to feel what I had. I said, I believed there was a Molly. Shaddows and Ruggles came up, and we took him to the guard; he can't deny it, if he tells the truth; but I believe he was ashamed of it. We asked for his money, but he would not give it us; and so thinking he would be ashamed of the thing, we took his watch and money from him - we knew it was an ill thing; but we thought we had better take the watch and money, than expose him.

Q. What did you go there for?

Brown. I did not go there for that purpose as some people go - we go to see who is there, and if we meet with any of these sort of people, if they have any money we take it from them.

Church. I have received a threatening letter from them.

Brown. You said you had received a threatening letter, but you said you believed it was from Jews.

Q. If he offered such a thing as that to you, are you to rob him?

Church. Ask him if he knows whether I am a girl or a boy?

Brown. Yes, I do; for you put what you had into my hand: I think I should know.

Church. Do you know what I am?

Brown. I believe I know very well, and if you were to be searched, I could prove that I do.

Q. When you adverticed your watch, why did not you advertise where you lost it; for you advertised it to be lost in Germain-street.

Church. I could have had half the parish of St. Giles's to my character.

Brown. He told me he was a joiner, and lived at Westminster.

Church. You are such a rogue and a liar, that no body will believe you. He has made himself an evidence, I did not call him for a witness.

One of the Jury said he had known Mr. Church three years, and that he was a man of a good character.

Q. Are you sure Shaddows took you by the legs?

Church. I don't chuse to swear to it.

Q. You have sworn to Ruggles; can you swear that Shaddows is the man?

Church. I believe as much one as the other, but I thought one was sufficient, so I would not swear to both. I verily believe he is the man. Guilty , Death .

93, 94, 95. + James Ruggles , John Smith and Thomas Cheworth , were indicted for assaulting a certain man, to the Jurors unknown, in St. James's park , and taking from him a gold repeating watch, value 20 l. a gold chain, value 3 l. and two seals set in gold, value 20 s. the property of the said man, to the Jurors unknown , April 10 .

Rowling Brown. About the 8th or 9th of April last, or thereabouts, Tho Cheworth , James Ruggles , John Smith , and my self, (we all belong to one company) were walking in St. James's park between nine and ten o'clock at night; Cheworth was got along with a Gentleman, and they took a walk into the Middle Park, upon the grass, by the corner of Buckingham-house, Ruggles, Smith, and I followed them, (they were together for the space of two or three minutes, we knew what they were doing) Cheworth said the Gentleman had hold of him by what he had; we asked him what he meant by doing so, and we took from him a gold repeating watch, with a chain and two seals, five pence half-penny in money, and three iron keys; I carried them home to my house, and kept the watch a day or two till it was advertised. Mr. Pepys, at the Crown and Sceptre in Fleetstreet, advertised it, with twenty guineas reward, and no questions asked. My wife and I went and received the twenty guineas for the watch: Cheworth was sent to the Savoy, and ordered to go to Flanders; I found neither Ruggles nor Smith knew any thing of writing or reading, so as I ran the risque of carrying the watch, I saved eight guineas for my self, and divided the rest of the money. Smith, Ruggle, and I had three guineas and an half apiece: Cheworth had one guinea; he was to have had half a guinea more, but I said my wife should have that for her trouble.

There being no other evidence but the accomplices, the prisoners were Acquitted .

96, 97. + James Ruggles , and John Smith , were indicted for assaulting a certain man, to the Jurors unknown, in St. James's park , and taking from him a gold watch, value 10 l. the property of the said man, to the Jurors unknown , August the 1st .

Rowling Brown. I don't know any thing of this robbery, any otherwise than the prisoners told me that they robbed a man of his watch in the middle of the park by the grove. Ruggles and I sold the watch to one Samuel Moses ; I bought Smith's share of him for about 3 l. We sold Mr. Church's watch to this Samuel Moses . Acquitted .

98, 99, 100 + John Smith , Christopher Jackson , and Robert Pinker , were indicted for assaulting a person unknown, in St. James's park , and taking from him a pair of silver shoe buckles, value 6 s. a pair of knee buckles, value 3 s. and a stock buckle, value 12 d. a hat, value 2 s. and a perriwig, value 2 s. the property of the said person unknown , Sept. 1 .

Rowling Brown. Some time in September I met a person (I don't know but he might be a Valet, or an Officer in a Marching Regiment) about ten o'clock at night; as we were walking together we fell into discourse; he touched me two or three times upon the arm, and I went with him into the grove in the middle of the park by the deer, and then he offered to do in the same manner as the others had done before; then John Smith came up, and we took his shoe buckles, knee buckles, and stock buckle; Pinker and Jackson took his hat and wig.

Jury. How was you dressed at that time?

Brown. I don't know but I might be dressed as I am now, or in a light coloured coat, or a blue grey coat.

Jury. You never had any women's cloaths on, had you?

Brown. No, I never had. Acquitted .

101. + Daniel Doe , of St. Margaret's, Westminster , was indicted for stealing a silver watch, value 21 s. the property of John Meakins , privately from his person , June the 7th, 1743 .

John Meakins . I lost my watch in the prisoner's room; I was with Rowling Brown and the prisoner. - I think I had it when I went into the room; I missed my watch in the room, and told Rowling Brown directly that he had it; he produced it in October last. - I took the prisoner to be a very honest man both before and since.

John Child . On the 17th of October, Rowling Brown brought a watch to me, and pawned it for a guinea.

Brown. On the 7th of June, Meakins helped me home with some cloaths which I had made for the company: he was very drunk, and said himself down; I took hold of the ribbon of his watch, and pulled it out; Doe desired I would not keep it; I said he was drunk, and I would keep it, he should never have it any more: I put it into a tub of flour. Meakins enquired for his watch, and Doe and I said we did not know any thing of it, I pawned it for a guinea, (it came in very good time, for my wife lay in) and gave the prisoner ten shillings. I was taken up for it, and was obliged to give my information against the prisoner.

Q. So you would hang the prisoner for your stealing the watch, and giving him ten shillings?

Brown. I would not have him hanged; I only speak the truth, for indeed I took it. Acquitted

102. + Elizabeth White , otherwise Wilks , of St. Botolph Aldgate , in Middlesex, was indicted for stealing a silver watch, value 50 s. and three shillings and six-pence in money, the property of Richard Parke , privately from his person , October 18 .

Richard Parke . I am a shoemaker ; on the 18th of October, about five o'clock in the evening, I was going to buy some leather - I was a little in liquor I must own, but not so bad but I knew what I did. As I was going along Leadenhall-street, the Prisoner came and walked Check by Jole with me; we went to King-street by Tower-hill ; then she said she was my cousin, and asked me to go home with her. I said I was resolved I would go and see how my new cousin lived, and I went home with her. I asked her what she would drink. She said she would have a pot of hot, and she asked for the money beforehand. I gave the Prisoner a shilling for the hot pot, I drank once, and she bid me drink heartily, but I would drink no more. Then I was talking of going home. When she heard me talk of going home, she let the bed down, and the bed's feet touched the chair I sat upon. Then I got up, and thought I had better have got into better company than this, and insisted upon going home. She asked what it was o'clock. I pulled out my watch, and said it was just turned of five. I put my watch into a deep side-pocket, string and all: then I insisted upon going home, and I said I would go home. She said, No, I should not; I should have another full pot of hot. I said, I would not have any more. Then she said herself down upon the bed, and pulled her clothes up; and I laid myself down upon her. I was no sooner upon her, but her hands began to be at work; they were soon in my pockets, and that soon cooled my courage, for I had not much then. Said I, Madam, what business has your hand in my pocket? Then she drew her hand out, I took hold of her hand to open it, to see what she had got; and while I was seeing whether she had got the watch, she drew the watch out with her left hand.

Q. Did you feel the watch going out?

Parke. Yes, I did; which made me look that way. I saw a bit of the string in her left hand, but I can't say I saw the watch: she took my money with the right hand - the money was in my left hand pocket, and my watch in my right hand pocket: as soon as I saw her hand draw back, I took hold of her right hand, and endeavoured to force it open.

Q. Did you feel her hand in your pocket?

Parke. I can't say I did, but I felt it groping about my breeches.

Q. Which was drawn out first, the watch, or the money?

Parke. The money was drawn out first.

Q. Did you wrench her hand open?

Parke. I got one of her fingers open so far, that I could see the edge of a half-crown, and touched it; but before I could get the money out of her hand, she with her left hand took my watch - I had half a crown and two shillings in my pocket; one of them I gave for the hot pot, and then I had three shillings and six-pence left. I asked her where my watch and money were. She said my watch was dropped down by the side of the bed, and my money was upon the bed. She said, let me get up; and as I was in a strange place I was afraid, and let her get up; and she being cunninger than I, and more roguish than I, and a strong lusty woman, she pushed me down upon the bed; I had my breeches to put up then, and while I was doing that, she made off both with my watch and money - the door was shut, and a chair set against it - it was at the desire of her servant that I prosecuted her; for she said, it was a pity she should not be prosecuted. I did not design to have fought after her, but if I had met with her, I would have taken her up.

Elizabeth Spencer . I was servant to the Prisoner in East Smithfield; she gave me a shilling a week to go out with her with earthen ware. One Thursday night, about six weeks ago, she brought the Prosecutor into her own house; I went for a pot of hot, and sat it down upon the table: the man said he must go, she desired him to stay a little longer, and asked him what it was o'clock. He pulled his watch out, and said it was between five and six. Then I went out of the room, and left them by themselves; he shut the door, and set a chair against it. In a little time I heard the man cry out; he said, she had got his money and watch. She said, she had not. Said he, Huffs, you have got the money in your hand now. I see the glimpse of a half-crown, says she; let me get up, for your money is upon the bed, and your watch is dropped down by the bed-side. I was frightened, and went to the end of the court. I staid there about two or three minutes, and she came running out with her hat and cloak in her hand. I asked her where she was going. She said she was going to the Blue Anchor for a pot of beer for her cousin and she. I asked her whether she had given the man his watch and money. She said she found the money upon the quilt, and the watch was by the side of the bed. She went away, and hid herself somewhere; and between twelve and one she knocked at the door, her husband was along with her; she asked me whether the man made a noise about his watch. I said, Yes, he did. She sat down by the fire-side, pulled the watch out, and gave it to Harry White her husband. Then she went out again. Two days afterwards the man came about his watch; (they sold the goods off upon this account, and went away). I went to find her out, and found her at one Gore's in Broad St. Giles's. Then I went to the Prosecutor, and acquainted him where she was, (for he had left me a note where to find him.) They were taken up, Harry White was sent to Bridewell, and she to New-prison.

Prisoner. I don't know her. I have witnesses to swear, that I was sick in bed at that time, and that I never lived nor lodged in that place. Her mother is a common prostitute, and she is a very wicked girl, and has been so these six years.

Parke. When she was at the Justice's, she run after the girl, and said, You b - h, I'll stick you; have not I given you shoes and stockings, and clothes; and have you done this for me?

Frances King . The Prisoner is a very honest person, she rises up early, and takes a great of pains to get her bread, she was sick of a fever and ague at that time, I live in Broad St. Giles's, I buy and sell things at market, she lodged in my house a month before this goodman [the prosecutor] came to take her out of the house. [she was committed the 23d of October.]

Q. Had she a house in East Smithfield?

Kinge. I believe she never had a house in her life, she was not capable of keeping one.

Elizabeth Avery . I have known the prisoner between 8 and 9 years, she goes out to market early and sometimes lays out 10 or 30 s. in a morning, I never saw any harm of her, or that she was any ways quarrelsom and never saw any fellows come after her. I heard the girl [Spencer] say on Saturday in this yard to her uncle that she was afraid to go into court about this watch, and he said, don't be afraid for if I receive the reward you shall be cloathed from head to foot, and I heard the prosecutor say this day that he bought her shoes and stockings on purpose to come here.

Dinab Hagan. I heard the prosecutor say on Saturday, that he took the girl out of a baudy house and bought her shoes and stockings to come to be an evidence.

Parke. The girl had hardly a shoe or a stocking to her feet and I was forced to buy her some or she could not have come here, but as to taking her out of a baudy house I did not. Guilty 10 d.

[Transportation. See summary.]

103, 104. + Patrick Bourke otherwise John Burke , and George Ellis , late of the parish of St. James's Westminster , were indicted for that they after the 1st day of May 1741, that is to say, on the 8th day of November last in the parish of Kensington , 15 ewe sheep, of the value of 11 l. the goods and chattles of John Messenger , feloniously and wilfully did kill with a felonious intent to steal part of the carcasses, to wit, the fat near the kidneys, against the form of the statute in that case made and provided and against his Majesty's peace, &c *.

* This prosecution was founded upon an Act of Parliament made in the 14th year of his Majesty's reign, for the security of farmers, &c. whereby it is enacted, that if any person or persons after the first day of May 1741. shall feloniously drive away or in any other manner feloniously steal any sheep, &c. or shall wilfully kill one or more sheep of any person or persons whatsoever with an intent to steal the whole or part of any of the carcasses, the person or persons so offending shall suffer death without benefit of clergy.

John Messenger . I am a farmer , I live near Kensington-Gravel-pits ; I lost 15 ewes, their throats were cut, their bellies ripped open, and the fat taken out. It was a very wet night, and the waters came down upon us that I could not go into the grounds that night, but the next night I found 15 ewes killed and there were 27 lambs upon the ground that were taken out of those ewes - they were killed either on the 7th of November at night, or on the 8th in the morning, we found them on the 9th, I was with the 2 prisoners at Sir Thomas Dever 's the Tuesday following, and they both confessed they killed my sheep.

Q. What was it you heard either of them say?

Messenger. Bourke said he went into the field, and he with his father killed the sheep [Ellis is Bourke's father-in-law] and he confessed that they sold the fat to one Samuel Chattle a tallow chandler in the Borough of Southwark for forty one shillings and two pence half peny - George Ellis did not say he killed them, but he said he was helping Bourke.

Richard Twysord . I am servant to Mr. Niccoll of Wilsden, I was the man who first found them: I think it was on a Friday morning the 9th of Nov. I found 21 sheep in the whole that were killed, I went and acquainted Mr. Messenger with it, there were 15 of them his and there were 27 lambs - I can't say I saw all of them, the sheep were ripped open and all the fat taken out, and the lambs were dragging by the sides of them some in and some out. The prisoners owned they had taken the gates out of our farm to pen the sheep up.

Messenger. Bourke owned he fetched 2 gates to make a pen at the corner of the field to pen the sheep up.

Q. Were your sheep marked?

Messenger. Some were marked I W, and some were marked I with a rose, I bought the sheep marked, I never mark any.

Joseph Agnew . I am a constable of St. James's, I was upon duty on Friday the 9th of November; George Ellis came and enquired for the constable of the night, I asked him what he wanted, he said there was a fellow in Tyburn Roard who had abused him very much and given him 2 black eyes; said I, is that all? it is a very great way to go upon such a trifling thing, and then he said he was a very great thief; I bid him come into the watch-house, and asked him wherein he was a thief; he said that on Wednesday night, the 7th of November that rainy night, he killed fourteen sheep in a field near Kensington Gravel-pits; said I, how can you prove this? he said, I can prove it, for I was concerned with him in doing it; but he said, I would have you who came of your self, for he has got a large and a very dangerous our, and he is a dangerous fellow. I took three watchmen, and got some people to assist me, and went into Tyburn Road, and took Bourke in bed; I turned the cloaths back, to see whether he had any knife in bed with him, but I could find none; I looked under the bed, and found the knife just under the bed by the bed side at my feet, 'us a clasp knife, it was open, and there was so me fat upon it, there is some upon it now, [the knife was produced, the blade is about four inches long]. I found this fat in a closet in the room, Ellis told me that this fat, which was found in the closet, was part of the fat that was taken out of those sheep. I brought him to the watch-house, and Ellis carried the lanthorn to the watch-house; I hand-cuffed Bourke behind his back, and locked him up; I let Ellis sit in the watch house, but gave a charge that he should not go out upon any account: he told me they had killed a great number of sheep, at different places, about the time they killed those at Kensington, - he said they went out the 7th of November between eight and nine at night: on the 10th of November, about a quarter after six in the morning, the watch went off their duty, and Ellis took an opportunity to get away: between eleven and twelve on Saturday morning, I carried Bourke before Sir Thomas Deveil , and he owned the killing the twenty one sheep at Kensington Gravel-pits, the Wednesday before; and on Saturday night, about ten o'clock, I took Bourke out of the same room and bed that I took Ellis out of, and he owned, before Sir Thomas Deveil , the killing twenty one sheep on Wednesday the 7th of November.

Q. Did he own the doing it, or the aiding and assisting in the doing it?

Agnew. He said I aided and assisted him in the doing it, and he owned they sold the fat, the Friday following, for forty one shillings and two pence half-peny.

Bourke. They kept us drunk all the time, to get us to confession: he gave me money to make me drunk.

Andrew. I never gave him any money.

Bourke. He gave me wine and punch, and made me drunk.

Agnew. I went to him on Sunday, and took a friend with me: we had a bowl of punch, and I asked him to drink of it; he said to me, I have no money for my lodging, I with, Sir, you would be so kind as to give me six pence, and I gave him six-pence, and that was all I gave him.

Bourke. You gave me eighteen-pence, and a share of two bottles of wine, and two bottles of beer; and you said there were two hundred pounds reward to say so and so to hang my father; and you said, if you impeach any man that will be the same.

Agnew. I did not say any thing of that upon my oath. I found this pair of dividers in Ellis's pocket - he is a whitesmith .

Mr. Brogden. Ellis was brought on the Saturday before Sir Thomas Deveil , and was committed for farther examination. Bourke signed his confession voluntarily, without any promises of favour, and Ellis said at the same time that he was concerned with Bourke in killing the twenty-one sheep.

Patrick Bourke , in his confession, taken Nov. 13, 1744. says, that in the night between Wednesday and Thursday, he, with Ellis and Conelly, killed about twenty-one sheep, the property of John Messenger , and Benjamin Banks the Elder, and took the fat, which he and his father sold to Samuel Chattle for about forty shillings: but as there was an account depending between Chattle and this examinant, they received no more than ten shillings and three-pence halfpeny apiece.

Thomas Niccoll . I saw the Prisoners before Sir Thomas Deveil , and they owned they killed twenty-one sheep on the Wednesday night; (it was a very wet night, and the field lies very low, joining to a field of mine) they said they did not carry the fat to the Tallow-chandler's that night, but they carried it four or five fields off, and hid it, and afterwards carried it to a man over-against the Blue Maid in Southwark, and sold it to him. Bourke said there was one Conelly concerned with them; and Ellis said, no, don't go to hurt any body, for you know there was no body there but you and I. I said to him, I don't want you to confess upon a promise of pardon, but only desire you to speak the truth. Guilty , Death .

+ They were also indicted for killing three weather sheep, value 30 s. and three ewe sheep, value 30 s. the goods of Benjamin Banks the elder, with intent to steal part of the carcasses, &c . November the 8th .

+ And also for killing ten ewe sheep, value 4 l. with the like intent , October the 27th .

105. + William Harding , of St. Botolph without Aldgate , London Victualler , was indicted, for that he, together with Michael Burchall , James Diamond , Edward Morgan *, and divers other persons, to the Jurors unknown, upon James Sparkes , in the peace of God, &c. feloniously, wilfully, and of their malice aforethought, did make an assault; and that he, the said Michael Burchall , with a certain wooden stick, which he had and held in his right hand, he the said James Sparkes , upon the backpart of the head, feloniously, wilfully, &c. did strike, giving him a mortal wound of the breadth of one inch, and the depth of a quarter of an inch, of which he languished from the said 21st day of August to the 7th day of September, on which said 7th day of September, the said James Sparkes , in the parish of St. Mary, Whitechapel, of the said mortal wound died; and that they, the said James Diamond , William Harding , Edward Morgan , &c. were aiding, assisting, abetting, comforting, and maintaining the said Michael Burchall to commit the said murder; and therefore that they, the said Michael Burchall , James Diamond , William Harding , Edward Morgan , and divers other persons, to the Jurors unknown, the said James Sparkes , feloniously, wilfully, and of their malice aforethought, did kill, and murder, against his Majesty's peace , &c.

* Edward Morgan was tried last Sessions for the same murder, and acquitted. See Page 257. Trial 466.

There was no indictment against him on the Coroner's inquisition.

At the request of the Prisoner's Council, the witnesses were examined apart.

Thomas Dadley sworn.

Q. What have you to say against the Prisoner, with relation to the murder of one James Sparkes ?

Dadley. And please your honour, as to the murder of Sparkes, I can give no account; for I was not present at the time he received his wounds. - I have nothing to say any farther; I don't know the Prisoner, nor I can't say I saw him there - The first beginning of the fray was this, on the 21st of August last, as I was beating the hour of eleven, about eight or ten persons came along, and one of them struck my lanthorn. I asked him why he struck my lanthorn; and then another of them came up to me, gave me the cross buttock, and hove me down backwards: some of them, but I can't tell who, hit me with their canes or sticks. I called out for the watch, being just at the watch-house, and they came to my assistance. Cartwright (one of the watchmen) said, there's one of them gone up Checquer-yard , let us follow him. When we went there they followed us, and there I lost my staff, and was cut over the hand, (as I suppose with a hanger) and I received a blow.

Lancelot Howlett. After the blow was given to Sparkes, I went down almost to Mr. Rawlinson's door, and saw Mr. Morgan flourishing a watchman's staff - I do presume he took it away from some of our men. As Mr. Rawlinson was standing at his door, two or three of our men went towards him, with a design to hit him a blow. I said, don't strike him, for I know who he is. We enquired if he knew any of them, and Mr. Rawlinson said, don't be in a passion, and I'll tell you who they are: one is Morgan, who lives in Whitechapel; and another is Harding at Stepney - I know no more of the matter, only that James Sparkes , one of our watchmen, was wounded, and died of his wounds - I don't know the Prisoner; I will say no more than I know.

Ebenczer Cartwright. On the 21st of August I was in the watchhouse, and heard an outcry of watch. I went out, and saw Dadley just by with several people striking at him; I can't tell whether it was with sticks or cutlasses; several of the sticks came over my head. I said to Dadley, there is one of them gone up Checquer-yard; we will make sure of him. When we went up the yard, several of them came after us with staves and hangers, and knock'd us both down: my head was cut in several places, and one Thomas Rawlinson said -

Coun. You must not mention what he said.

Cartwright. I desire you would remember what he said, for I am afraid he will forget himself - I don't know any thing of the prisoner's being there.

Robert Robinson . - I don't know any thing of the prisoner, I only heard his name mentioned as being there - I did not see any of the blows given.

Eleanor Sparkes . My husband came home the 21st of August between 11 and 12 at night very much abused, and said he was a dead man - he repeated it to me several times afterwards that he should die of those wounds.

Q. Did he say who were the authors of his murder, or any thing in relation to the prisoner?

Sparkes. He said the prisoner was just by him when he was wounded, and Mr. Morgan was; but he could not tell who killed him.

- A kinswoman of the deceased. The deceased was my uncle, I went to visit him in the Infirmary, he was sadly wounded, I asked him how he came into that miserable state, he told me he was wronged and abused by a parcel of men, who came in a riotous manner as he was upon his watch. I asked him if he knew any of those men who wounded him; he said he knew three of the company; I asked him who they were; he said, Mr. Rawlinson was one, Mr. Harding at the Spring-Garden at Stepney, and Mr. Morgan in Whitechapel. I asked him if he could tell which of those men wounded him: he said, Mr. Morgan and Mr. Harding were the two nearest to him when he was wounded, but he could not tell which of them did it - he said this about six days after the thing happened.

William Day . Upon Tuesday the 21st of August last (as I am beadle of the ward) I sat my watch according to custom and left the constable and all the watchmen sober; the next morning I heard there had been a dismal affray, that the watchmen had been sadly used, and that the deceased and one Parker were dismally wounded, and I got them into the Infirmary; therewere warrants granted to take up Harding and Morgan, for Sparkes had said that they were two of the company.

Thomas Rawlinson . When the quarrel first began I was forty yards distant, and they ran down Checquer yard.

Q. Who ran down Checquer yard ?

Rawlinson. I saw Mr. Harding and one Diamond run down; they were several yards down Checquer yard, and there was a cry of murder; the other watchmen came to assist those who went down the yard. Mr. Burchall stood at the end of Checquer yard and drew his hanger, said I, for God's sake don't do anyharm with your hanger; he said, by God I will fight for my king and my country.

Q. Had the prisoner any weapon?

Rawlinson. I did not see any.

Q. If he had had a cutlass or a weapon do you think you should have seen it?

Rawlinson. I could not see into Checquer yard.

William Day . They have said that I wanted the reward +; I might have taken the prisoner up but I scorned the reward.

Arthur Parker . - I have nothing to say against the prisoner nor any body else; I received several wounds, but I can't say who wounded me. Acquitted .

The Court admonished the prisoner to take care of his behaviour for the future, and not to engage in any such affray, and recommended it to him to make all the satisfaction in his power to the widow of the deceased for the loss she had sustained.

106. + Ann Collier , of St. James, Clerkenwell , was indicted for assaulting Alexander Forfar , on the King's highway, putting him in fear, &c. and taking from him a silk handkerchief, value 2 s. a powder horn, value 18 d. his property, and a pistol, value 21 s. the property of Robert Montgomer , Sept. 24 .

+ A reward offered by the ward of Portsoken for apprehending any of the persons concerned in this affray.

* Thomas Wells, Theophilus Watson , Joshua Barnes , Thomas Kirby , and Ann Duck , were tried last Sessions for this robbery, and acquitted. She was indicted then, but not taken. See Sessions paper, Part 1. Page 229.

Alexander Forfar . I am a Headborough : about ten at night (I had been in bed) Mr. Blewmire, my Constable, and Mr. Montgomery, called at my house and desired I would go with them to Blackboy-alley . Mr. Montgomery had a pair of pistols, and gave one to the Constable, and one to me; we went into Black boy alley, to a house which I suppose to be one Field's; the Constable knocked at the door, and called several times, and said if they did not let him in, he would break the door open, and some people held cutlasses out of the window to terrify us, and then threw brick-bats, or anything they could get, at us: Mr. Montgomery went under a house to shelter himself, and the mob began to rise very much; they began to shove me, and a fellow offered to fire at me, and I think I said, Fire away, if you miss me, I will not miss you. Every body was gone but Mr. Montgomery; he drew his sword, and defended himself, and I took to my heels, and ran to Cow-cross ; Wells cut me over the head; I struggled to keep my pistol as long as I could, but they cut my fingers, and got it out of my hand; then the women came up, and among them the prisoner, she had a poker in her hand, and beat me with it very severely on my back and sides, stamped upon me, and took my handkerchief off my neck, which was tied in two knots, and then she said, D - n the dog, kill him. I had a powder horn taken from me, the handkerchief off my neck, and the pistol was taken from me; I lost four shillings and six-pence, but I can't tell who took it; I would not say so for ever so much if it was not true. - Ann Collier trod upon me, and took the handkerchief off my neck; I am positive of it, and Ann Duck took the powder-horn out of my pocket.

Q. Did you receive any wounds in this affray?

Forfar. I had a matter of forty wounds and bruises in this fray: I was stabbed in the shoulder, and had three cuts in one leg.

Prisoner's Council. Who took the pistol from you?

Forfar. I can't tell.

Pris. Coun. You were asked on the last trial, whether ther you lost any thing but your powder-horn, and you said, No, nothing but my blood.

Forsar. I said I lost my powder-horn, a handkerchief, and a pistol.

Pris. Coun. You don't pretend to say that the prisoner took any thing from you?

Forfar. She took a handkerchief from me; I always said so: I said so when I was down upon the ground.

Pris. Coun. There's not one word of her name in the other trial.

Q. Did you mention this woman on the former trial?

Forfar. Yes.

Q. Did you name her upon that trial? [the prosecutor paused a little.]

Q. Did you, or did you not, name Ann Collier at all upon that trial?

Forsar. I can't say that I mentioned her any otherwise than as a person that was there - to the best of my knowledge I did name her.

Pris. Coun. Did you say then, that she took your handkerchief?

Forsar. I believe I did not say so then; I had no occasion, for she was not taken.

Q. Was William Harper by when you lost your handkerchief?

Forsar. Yes, he was one of the mob.

John Blakeman . At the time Mr. Forfar was cut, I saw Ann Collier with a poker in her hand. - I knew her very well; I had seen her a great many times, and she is very remarkable to be known. - I did not see her do any thing; she was in the middle of the mob. - I can't say she was near enough to the prosecutor to do any thing to him. I saw him down upon the ground, and helped to take him up: he was cut very much; - he had no handkerchief on then.

Richard Pack . I live at Cow-cross; I was sitting by the fire-side, (I think it was the 24th of September) and heard a noise in the street; I went out, and the people said that Montgomery and the Constable were attacked by the people of Black-boy-alley, and cut with hangers, (they had done cutting then). I went among the mob, and saw Mr. Forfar was cut very much; I said, Don't kill the man, and the prisoner said, D - n him, you would serve him right if you cut his head off; and one of them swung his hanger over his head, and said, You dog, I will learn you to come here to press men, I have a good mind to cut your head off, and if it was your master Blewmire, I would cut his head off. - I did not see that the prisoner had any thing in her hand, for she was among the people. I went home with Forfar, and he did not name any person that had robbed him but Ann Duck .

Sarah Abbot . I saw the prisoner with a pistol in her hand the next day, and she said, G - d d - n his blood, I have beat him with his own weapon. - She did not say whose it was, or who she had beat with it.

William Harper . I don't know any thing of this affair, I was not there; I was at the other end of the town, for if I had been there, I must have remembered it, because the damage done to the man is very remarkable; and if I had I should have put it into my information: I never saw Forfar before he came to swear me into this robbery, (he would have swore I robbed him of the pistol) and I had never seen him in my life.

Prosecutor's Coun. How came you to remember the particular time?

Harper. I don't remember it at all; for I can't remember a thing that I never knew.

John Brittain . As I was going home to my family, that night about ten o'clock, I was pressed, the officers used me very ill, and cut me with their cutlasses; they carried me up to Cow-cross, at the time of this disturbance; I did not see the Prisoner there, if she had been there I should have known her by her voice; I saw no woman there but Ann Duck - there was no man cut and hacked, I did not see any one cut.

Q. Was you pressed for a soldier?

Brittain. They laid hold of me as I was coming along; I don't know what they took me for.

Coun. Not for a conjurer, I suppose.

Brittain. I am a buckle-maker, and keep a house of ten pounds a year.

John Blewmire . I went with Mr. Montgomery to Forfar's, to take him with me to Black-boy-alley. He was buttoning his collar. Said I, Don't stand buttoning your collar, come along. Montgomery had a naked sword, I had one pistol, and Forfar another. I went first into Field's, at the fighting cocks, and afterwards to one Harry Gray 's, and bid them open the door. I said, if they did not, I would break it open; but I could not get in. By and by there were brickbats, &c. thrown at us. I saw some of the fellows with cutlasses crying out for Blewmire, they said, they would cut my head off: and some, I suppose, who did not know me, took hold of Forfar instead of me. I pulled my wig off, and put it into my pocket, that they might not know me - I saw Forfar among them, but could not see what they did to him for the crowd.

Prisoner's Council. Was the Prisoner there, or was she not?

Blewmire. I can't say I saw her there all the time.

Q. Did you see any thing upon Forfar's neck?

Blewmire. I did not see any thing.

Q. When you took Forsar out with you, had he a handkerchief or a stock about his neck?

Blewmire He had neither stock nor handkerchief on, for he was going to bed, and when he could walk and come abroad he asked who Ann Collier was, and what sort of a person she was.

Q. Did he put a handkerchief on afterwards?

Blewmire. I did not see that he put it on all the time.

Forsar. Blewmire wanted to make it up with me, with respect to Ann Collier for 20 pieces; he said 20 pieces will do you no harm.

Blewmire. I wish I may be hanged if ever I said any such thing.

Richard Pack . (Again. ) I heard Blewmire say to Forfar, Alook be as easy as you can, 20 pieces won't hurt you.

Q. Did Blewmire mention Collier's name?

Pack. Yes, he did, and Forsar said he was used ill, and had lost his handkerchief, his powder horn, a pistol and some money.

Blewmire. Fofsar said now is the time, 'tis near Christmas, if you have a mind for a piece of beef, we may keep Christmas well if Nan Collier was convicted, and a little matter will hang her.

Q. to Forfar. Did you ever say the reward would serve to keep Christmas, and a little matter would hang her?

Forfar. I never did say so.

Robert Marcrost . My name is Marcrost, though I am called Maycrost, I am a marshals court officer, I know Forfar to be a very wicked vile man in these things, for one William Harper was taken up on Lord Mayor's day last; and the day after Forsar came to the Castle in King-street by Guild-hall (before Harper came) and agreed to swear that Harper was at the riot, whether he was or was not, and that he had robbed him of the pistol. He says to me, Marcroft, do you know Harper? I said, I thought I did. He said, Do you believe he lives in the alleys? I said, I believe he does live in the alleys: but if you are not sure he is the man that robbed you, it would be hard to swear his life away. He said, No matter for that, 'tis a bad place, the very sanction of Black-boy-alley will hang an hundred of them with very little evidence, no matter who swears.

Forfar. Your character is so bad, that you may swear against an hundred persons, and not be believed in one thing.

Marcrost. Then he said, what must I do with Nan Collier when I take her, for I am not positive to her, but by all accounts it must be her, for it was a lusty woman, and she is most likely to do such a thing, and afterwards he said he would swear it: he said it was worth while to prosecute her, and if he did not, some body else would, for there would be an hundred pieces for her by the late Proclamation. - I believe Forfar does this for the sake of the reward, and nothing else, for he is a very wicked man. He would have sworn this robbery against Lawes and Paine, if it had not been for me; I advised him against it, and he said he would think farther of it.

Prosecutor's Council. Do you know the prisoner?

Marcrost. I had not seen her for some months, but as I am an Officer I had business that way sometimes; the woman was pretty courteous to me: she did sell a dram, and I have spent three-pence in her house now and then, in return to her civility. Some years ago a person must have behaved very civilly to go through that place without some blows, even in the day-time.

Q. to Forfar. Did you ever talk with Marcrost about the reward for Ann Collier ?

Forfar. I never did; the man was a stranger to me; but when they were about taking the City's money, I said, it is very hard you should take all the money for the reward, when I suffered so much, and I must have nothing. Marcroft and eleven more have entered into a combination to have all the rewards among themselves.

Q. Did you ever mention to Marcroft any thing at all of Ann Collier ?

Forfar. Not till after she was taken, but I never spoke to him about the reward.

Mr. Boddy. Forfar had information of Collier's being at Lambeth, and desired we would go and help him to take her; I never saw her before that time - I never heard any thing amiss of Forsar in my life - he did not say any thing to me about the reward - there was some discourse among them at the castle in King-street about the reward the City gave.

Marcrost. At Mr. Foot's house at Clerkenwell-green, Forsar desired to be admitted among us to take part of the rewards, and we refused to admit him as being a wicked man. He said if we would not admit him, he could make better of it him self, - we have agreed to exclude him from all the rewards.

Q. Had you any money for any of the rewards?

Forsar. I have had (I think) five pounds, nine shillings [this was part of the Government's reward on the conviction of Ann Duck and Ann Barefoot .]

Mary Fisher . On the behalf of the prisoner said, she never knew any ill of her, and that she was publickly about her business, buying of old cloaths in Monmouth-street a little before last Lord Mayor's day.

Elizabeth Sampson . I keep a Sale-shop in Monmouth-street; I have known her a year and an half, and have dealt with her: I saw her in her business about two or three days before she was taken up.

Elizabeth Ball . I am a parish nurse; I live in Chick lane; I have known her between two and three years, and never saw any thing amiss of her.

Jane Ball . I live in Hockley-in-the-hole; my husband is a Journeyman butcher; the prisoner is an honest industrious body, she comes often to my house; her mother lives with me, and is a very honest woman.

Sarah Hinchliffe . I live in St. Martin's-court in St. Martin's-lane, and keep a Fishmonger's shop; I have known her four years, she is an honest painstaking woman; when she was taken up I went to see her at the Castle by Guild-hall, and Forsar took hold of me, and said, your name is Phillis, you are one of those that beat and abused me, and was going to take me into custody.

Dorothy Smith and Mary Whitehead , (dealers in old cloaths) gave her the character of an industrious woman.

Elizabeth Jones . I was servant to Mr. Forfar, and was there when Mr. Blewmire and Mr. Montgomery came in to call him out; he was in bed, and got up, - he had a handkerchief about his neck when he went out, for I held the candle to him while he tied it on.

William Buckland . I live in the prisoner's neighbourhood; I have known her fourteen or fifteen years, - she had the general character of keeping a very bad house, and harboured thieves; I have heard Murder cried out there.

Thomas Reynolds . (Carpenter) I have a piece of ground in Black-boy-alley: I always passed and repassed very quietly; the prisoner never interrupted me, - her character (to be sure) is very bad, but I have not heard Murder cried out in her house, as I have in some others, but there were always a great many bad people there.

William Dakins . - The Prisoner's character is very bad; she kept such a disorderly house, that Mr. Buckland went away upon her account.

Mr. Perkins being called upon by Mr. Forfar, said, he has known Mr. Forfar seven or eight years, and never heard any thing amiss of him; believes him to be a man of veracity and truth, and that he would not assert any thing upon oath that is false upon any account whatsoever.

- Jackson. Mr. Forfar impressed me in my own house the 16th day of June at noon - I believe he was drunk; he said he was a lieutenant, and I should go along with him.

Prisoner. I do allow I have been guilty of folly, and have been very bad, but I have not done any thing of that kind lately; and 'tis hard I should be punished now for what I did formerly. Mr. Forfar subpoena'd Mr. Pope to give me a bad character, I desire he may be called.

Richard Pope . I know both the Prisoner and the Prosecutor; I never heard any harm of either of them: I keep two houses, one in Black-boy-alley, and the Spaw by Black Mary's-hole.

Q. What house do you keep in Black-boy-alley?

Pope. An honest house - my wife lives there - I am a bricklayer, and repair the whole estate - I have heard noises and disturbances in the Prisoner's house formerly, but I have heard nothing of that kind these two years. Acquitted .

107. + Ann Hedley , of St. Mary, Whitechapel , was indicted for assaulting Mary Cliff , in a certain alley, or open place, near the King's highway, putting her in fear, and taking from her a pair of stays, value 6 s. a cambrick cap, value 6 d. a cambrick handkerchief, value 12 d. and an apron, value 6 d. the goods of Mary Cliff , Nov. 12 .

Mary Cliff . I am almost sixteen years of age; I live with Mr. Lud, a bricklayer, by Oxford Market; the Prisoner is a chairwoman's daughter just by, [she is about seventeen years old] I went to see her, and she said, Polly, will you go with me to see my cousins; there are three young misses, and they want three young girls to wait upon them; and you shall ride in a coach every day, and have every thing you want? So Betty Brotherton and I went with her. She took us into Rag-fair. I asked where her cousins lived. She said, they are gone to h - ll, to cry brooms. She took me up an alley, and said, D - n you, you b - h, pull your stays off. I won't want while there's any thing to make money of. And because they did not come off easily, she broke the lace. She said, if I cried out, she would run her fist down my throat. And she sold my stays for three shillings and six-pence - I had not a farthing of the money. The other girl [Brotherton] had five shillings of what she sold her things for. The Prisoner took me to a two-penny lodging in Church-alley by Ragfair; we had bread and butter and strong beer for supper, and I staid with her all night, and sat upon the bed crying, and she said, D - n you, you sniveling b - h, come to bed. The next day we went to Oxford Market, and I was afraid of going home for fear of being beat. She wanted us to go to Mary-le-bon bason, and said, if she had got us there, we should not have told who hurt us. - She sold the stays and things in Rag-fair, and she would not let us go into the shop. She said, D - n you, stay out - We were afraid to cry out, that she had robbed us - I never went out with her. before. We met Mr. Ankers as we were going home; and when she saw him, she said, G - d d - n you, we are all caught. I said, Mr. Ankers what shall I do. And he said, I should go to Mrs. Brotherton's, and she should beg for me.

Prisoner. We had tea and bread and butter for breakfast, and she came to me in the morning when I was in bed, and said she would go to the Buoy in the Nore to see her brother. Betty Brotherton said she was sick, and must pull her stays off. I said I would not pull mine off, but she pulled hers off, and sold them, and we had wine and strong beer at supper.

Cliff. I had no wine, nor Betty Brotherton neither.

Prisoner. We had two bottles of wine. What made you sick?

Cliff. I was not sick at all. The Prisoner said to Betty Brotherton , D - n you, if you don't sell your ear-rings, I will get a Constable, and send you home to your mother, and have you well slogged.

Elizabeth Brotherton . I am coming into my 13th year; Cliff and I were going out, and the Prisoner would have us go with her to her cousins, who, she said, kept their coach: and she said, D - n you, it does not signify talking, for you shall go. When she went she could not find her cousins. I asked her where they were. She said, Oh d - n them, they are gone to h - ll to sell brooms. She took me up a passage, and said, I must strip; and before I could get my stays off, she tore them open. - I was not sick then, I was sick afterwards at a house she carried me to. Then she took my gold bobs - she had the money for them: she said, she had sold my stays for a shilling. What, in the name of G - d, said I, did you sell my stays? She said, I must have more than your stays; I must have your ear-rings. She hit me a blow on the stomach, and said, she would send me to h - ll: and she said, If you don't let me have them, I'll get a porter, and send you where you shall never be heard of - I had no wine; the Prisoner had wine, and a rabbit, a French cook frigafeed it - I did not taste it, I had nothing but a bit of bread and butter. I sat crying, and she called me, Snivelling b - h. There was a long bottle brought with white wine, and another with red; she sat by herself, and we sat behind the door.

Q. Did not she tell you, if you sold your things, she would acquaint your mother with it?

Brotherton. No, indeed; she was going to kill us once, and there came a hog along, she thought it was a man coming, and she run away.

Q. Had not you the money the things were sold for?

Brotherton. She gave me a crown, and said, here d - n you, take this, and put it into your pocket, and don't look like a fool; said I, what shall I do for my stays? She took 3 s. from me again, then I had a groat left and she took that away from me at last - we took the prisoner the next day but one at her mother's.

Mr. Ankers. I live in the house with Elizabeth Brotherton (the friends of the two girls had been under some uneasiness about them.) Just by Great Marlborough-street there did I meet these three creatures draggled in mud. and in a miserable condition; the prisoner made off, and said, by G - d the fault shall not all lye upon me, they shall have part as well as myself; she had her cloaths on as she had when she went out, but the others were stripped - they had their caps on.

Prisoner. That man knows nothing of it, there's nobody knows any thing of it but the two girls and I.

A person who happened accidentally to be in court, said he saw the two girls [Cliff and Brotherton] without Aldgate as drunk as they could be, rolling and tumbling in the channel. Acquitted .

+ Ann Hedley was also indicted for robbing Elizabeth Brotherton , of a pair of stays, value 2 s. an apron, value 18 d. and a pair of gold ear-rings, value 5 s. November 12 . Acquitted .

108, 109. John Harman , and Mary Shave , of St. Bartholomew the Less , were indicted for stealing a black ruffel quilted petticoat, value 40 s. a velvet cloak, value 30 s. 14 yards of ducape, value 3 l. 22 yards of persian, value 22 s. and other mercery goods, amounting in the whole to about 20 l. the goods of John Parks , and Benjamin Finch , September 15 .

Benjamin Finch . The prisoners were both my servant s in the house, Harman was as a porter . On the 25th of October I sent him with three bills to the value of two hundred pounds. He not coming home that night made me very uneasy, and I was advised to advertise him, that if he had met with any misfortune, things should be made easy; but he sent me sixty pounds between nine and ten that night in cash, and a letter that he would come to me the next day; upon that I did not advertise him; but he did not come according to his letter. The next day he sent me a letter to meet him the day following at Mr. Green's, and he would inform me of his misfortune: and then he told me he had the misfortune between the bank and my house of having his pocket picked. I took him home to my house, and pressed him as much as possible to know what he had done with the money, but he denied he knew any thing of it. In about half an hour a person came and acquainted me that my man had been trading on his own account, and that he had a cloak made by Mrs. Morris. We kept him from 6 o'clock till 11, and he still kept in the same story, that he did not know any thing of the money. Then he desired to speak with my partner, and he said he would confess every thing, and he confessed where he had lodged the money, and we found part of it; and he owned that there was a box of goods of mine at Mrs. Long's by Oxford Market. I was there and saw several remnants of my goods; Harman confessed the taking them out of my house, and that Mary Shave was with him at the same time; she had left my service then. I believe the man was as honest a fellow as ever was when he came into my house, but I believe she induced him to do this: there was a courtship between them.

John Parks . On the Saturday that he surrendered himself to my partner at Mr. Green's, he confessed where part of the money was, and we told it to sixty pounds and a guinea, and he said there was a long box (and gave an account of some of the particulars) with my goods in it, which was carried to Mrs. Long's, in Oxford market, which he had lodged there a day or two before, and owned that the goods were carried from my house by him and Mary Shave ; and that the rest of the money was in that box. I and some others went with him in a coach, and there was taken out of the box 72 l. in money, and several parcels of goods which were worth about ten pounds. Mary Shave had left my place about six weeks before, and I heard she was gone to Colchester, there was a quilted petticoat and 16 yards of ducape found in her possession: I took out a warrant and pursued her to Colchester, and found several things upon her, and he confessed he took several things, which he said she had. He said they were sent by him to her. She had told me before there was an intended marriage; she was advised to confess what she had defrauded me of, and she said there was a nine breadth quilted russel coat, and a seven breadth ditto, and she confessed some things that I had an account of, and some that I had not - she did not own she took any thing of mine, but said they were mine, and that she bought them of Harman.

Mr. Richard Green. [A gentleman who recommended Harman to Messieurs Parks and Finch] confirmed the preceeding evidence relating to Harman's acknowledging the fact.

Mr. Story. Confirmed the finding of the afore mentioned box with the prosecutors goods, and that Mr. Finch and he brought another box afterterwards with some velvets, &c. from Oxford Market.

Elizabeth Musgrove . About two months ago I was in Mr. Parks's and Finch's shop, and saw Mary Shave go behind the counter where the silks were, take a piece off-the shelf, and go down into the kitchen with it. - I believe there might be about twenty or twenty five yards of it, - I believe this is the piece, - it was a green silk with a pink colour and white selvidge; I did not think she took it with any ill design, till this accident came out, and then I told my master of it.

Parks. This was taken out of the box that was found at Oxford Market.

Sarah Stoddard . I am a Mantua-maker; I made a blue ducape for Mary Shave ; I believe this is the gown I made for her, but I can't swear to it.

Parks. I have compar'd this gown with a ducape waistcoat that Shave said was Harman's, and I have compared it with two remnants of my goods, which were found in Oxford Market, and it is the same.

Alice Moody , Mary Glenn , Elizabeth Beech , John Shave , Job Maddocks, Mary Linsley , Mrs. Slater, and Mr. Hevingham, have known Mary Shave , some twelve years, some ten years, and others three of four years, and gave her the character of a sober, honest, industrious person, and that they had never heard of any thing amiss being laid to her charge before.

Mr. Richard Green (being called upon by Harman) said that his character was very good till this thing happened. Harman Guilty , Shave Acquitted .

[Transportation. See summary.]

110. John White , was indicted for stealing a firkin of butter, value 20 s. the goods of William Webb , Nov. 15 . Guilty .

[Transportation. See summary.]

111. Eleanor Douse , was indicted for stealing a camblet gown, value 3 s. a petticoat, value 2 s. a cloak, value 3 s. a hat, value 12 d. a shirt, value 2 s. 6 d. and an apron, value 2 s. the goods of Joseph Allen , Nov. 5 . Acquitted .

112. William Davis , was indicted for stealing 18 pound of bacon, value 3 s. the goods of Catharine Earby , November 15 . Guilty .

[Transportation. See summary.]

113. Mary Bird , was indicted for stealing 3 cloth cloaks, value 2 s. 6 d. and a gown, value 12 d. the goods of Thomas Kelley . A pair of shoes, value 8 d. a pair of buckles, 4 d. an apron, 12 d. a straw hat, 18 d. and a pair of stockings, 4 d. the goods of Ann Urland , November 10 . Acquitted .

114. Ann Johnson , was indicted for stealing a shirt, value 2 s. the goods of Edward Griffith , October 23 . Acquitted .

115. Nicholas Mead , was indicted for stealing 10 sets of brass casters, value 4 s. the goods of John Chapman , May 30 . Guilty 10 d .

[Transportation. See summary.]

116, 117. + Matth.ew Metcalf , and Ann Metcalf , his wife , were indicted for breaking and entering the dwelling-house of Vertue Jakes, in the night time, and stealing a trunk, value 4 s. two crape gowns, 10 s. seven yards of callimanco, 5 s. three aprons, 6 s. a shift, 3 s. a silk handkerchief, 2 s. a pair of silver buckles, 4 s. four handkerchiefs, 3 s. four suits of headclothes, 5 s. a pair of stockings, 1 s. a fan, 1 s. and four shillings and six-pence in money, her property , October 21 .

The Prosecutrix not appearing, the Prisoners were acquitted .

118. Jane Thompson , was indicted for stealing a silver spoon, value 8 s. the goods of John Crosby , Nov. 9 . Guilty 10 d.

[Transportation. See summary.]

119. Mary Williams , was indicted for stealing a large pewter chamber pot, value 4 s. the property of William Tourville , October 26 . Guilty 10 d.

[Whipping. See summary.]

120. John Brown , was indicted for stealing a pair of shoes, value 4 s. the goods of John Green , Nov. 14 . Guilty 10.

[Whipping. See summary.]

121. Edward Lewis , was indicted for stealing one pound and an half of tobacco, value 15 d. the goods of John Norton and Co. Decem. 4 . Guilty 10 d.

[Whipping. See summary.]

122. Mary Smart , was indicted for stealing 5 pound weight of brass, value 5 s. the goods of Richard Midwinter , Oct. 30 . Guilty 10.

[Transportation. See summary.]

The following eighteen persons, who were Capitally Convicted this Sessions, were executed on Monday the 24th of this Instant; Viz.

William Brister .

William Billingsly .

Patrick Bourke .

Sulpice Duclot .

George Ellis .

Joseph Field .

Henry Gadd .

Samuel Goodman .

John Hill .

James Leekey .

Hannah Moses .

William Norwill .

John Potbury .

James Roberts .

William Robinson .

Theophilus Watson .

Thomas Wells , and

Benjamin David Woolf .

Robert Carter ,

James Ruggles ,

David Shaddows ,

are Reprieved in order for Transportation.

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

Received sentence of Death, 21.

William Brister , 48, 59

Wm Billingsly , 53, 65, 80

Patrick Bourke , 103

Robert Carter , 35

Sulpice Duclot , 70

George Ellis , 104

Joseph Field , 79

Samuel Goodman , 69

Henry Gadd , 54, 64, 83

John Hill , 23, 25, 26, 28

James Leckey , 13

Hannah Moses , 90

William Norwill , 78

John Pothury , 52, 63, 82

William Robinson , 14

James Roberts , 51, 61

James Ruggles , 92, 93, 96

David Shaddows , 91

Theoph Watson , 50, 62

Thomas Wells , 81

Benj. David Woolf , 89

Transportation for 14 years, 2.

Elizabeth Cane , 9, 15

William Turbutt , 82

Transportation for 7 years, 24.

Ann Barber , 3

James Deale , 20

Mary Dalby , 31

William Davis , 112

James Galloway , 4

John Garnett , 44

John Graves , 57

John Harman , 108

David King , 19

Martha Kirby , 76

Peter Lee , 5

Jane Morgan , 42

Nicholas Mead , 115

Ann Peach , 6

Margaret Smith , 16

William Skipper , 17

Mary Smart , 122

Lucy Tanner , 38

Jane Thompson , 118

Henry Webb , 32

Elizabeth Wyatt , 21

Jane Watkins , 36

Elizabeth White , 102

John White , 110

To be Whipped, 11.

Elizabeth Ashley , 66

John Brown , 120

Mary Kemp , 77

John Lewis , 121

Rachel Merttins , 72

Mary Needham , 45

Hannah Roffe , 22

Mary Weatherly , 43

Mary White , 74

Mary Williams , 75

Mary Williams , 119

The following eighteen persons, who were Capitally Convicted this Sessions, were executed on Monday the 24th of this Instant; Viz.

William Brister .

William Billingsly .

Patrick Bourke .

Sulpice Duclot .

George Ellis .

Joseph Field .

Henry Gadd .

Samuel Goodman .

John Hill .

James Leekey .

Hannah Moses .

William Norwill .

John Potbury .

James Roberts .

William Robinson .

Theophilus Watson .

Thomas Wells , and

Benjamin David Woolf .

Robert Carter ,

James Ruggles ,

David Shaddows ,

are Reprieved in order for Transportation.