Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 29 November 2014), February 1745 (17450227).

Old Bailey Proceedings, 27th February 1745.

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 27th, and THURSDAY the 28th of February.

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

BEING THE Third SESSIONS in the MAYORALTY of the

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

NUMBER III.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1744-5.

[Price Six-pence.]

THE PROCEEDINGS ON THE

King's Commissions 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, Mr. Baron CARTER , Mr. Justice BURNETT, Mr. Justice DENISON, 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.

Hugh Richards ,

Daniel Rolfe ,

Joseph Lawrence ,

John Killingsworth ,

James Boden ,

John Phillips ,

John Rowe ,

John Draper ,

William Iliffe ,

John Haynes ,

James Birch ,

Richard Cock .

Middlesex Jury.

Richard Bullock ,

John Hawker ,

Thomas Brown ,

John Gregory ,

James Durno ,

Conquest Jones ,

Henry Scott ,

John Mould ,

James Martell ,

William Spinnage ,

William Jones ,

Edward Wright .

161. + Elizabeth Tibbet , of St. James's Clerkenwell , was indicted for stealing two purses, value 1 d. and 50 s. in money, the property of James Currey , in his dwelling-house , Dec. 1 .

James Currey . About a year ago the Prisoner came to my house in order to have a lodging as she used to do now and then: my wife and I had some words, and she went out; I shut the door against her, and kept her out. My wife was afraid I should take the money, and she hid it behind the bed - as she told me: the Prisoner went to make the bed, when she had done she went away, and has not been seen for a year and a quarter till the other day - I saw her take the money from under the bed's head.

Catharine Currey . The Prisoner came to my house for a lodging that night, and several other nights - That night was about five weeks before last Christmas was twelvemonth. My husband wanted to go out, and I was not willing he should, and he being angry, for fear he should take the money which I had in my pocket, I put it behind the bed between the wall and the bed's head - There were fifty four shillings in silver.

Q. What did you go out for?

Currey. For a minute or two, in order to pacify my husband; and he said, if I went out, I should stay till I was cold: the Prisoner came out in two or three minutes after, and says to me, do not go in till I come back again; she then had her hand under her apron; said I, where are you going? she said she was going for water, which was about eight or nine yards off, but she did not come back: when I went in I looked for my money, and it was gone. I told my husband of it, and asked him who had been there; he said nobody but Mrs. McCardell (for the Prisoner went by that name then) - When she was before the Justice she denied she took it, but about two days afterwards in New Prison she owned she saw me put it behind the bed, and that she took it away.

Thomas Bruden . I was that night at James Curgreys 's house, and staid supper; the Prisoner was there, and they said they had lost some money that night: Currey heard something of the Prisoner, and desired I would look out for her. I went several times, and could not find her, but at last I met with her in White Cross Street, by Old Street Church, with a pewter standish under her arm, and she had upon her a gold ring belonging to my wife. I asked her concerning Mr. Currey's money, and she said she did not know any thing of the matter. I said you had better own it, for I will not part with you. She was carried before a Justice, and there she owned that her husband ( Arthur McCardel ) ordered her to go into Currey's house to take the money; and that she took the money, gave it to him, and he gave her six-pence, and that was all she had of it.

Martha Bruden . The Prisoner said she took the money; I asked her how she came to take it; she said, she saw her landlady tell the money into the purse, and saw where she put it, and so was induced to take it. Guilty 39 s .

[Transportation. See summary.]

162. + Sarah Wells , of St. James's Westminster , was indicted for stealing one moidore and three guineas, the property of John Puckett , privately from his person , January 28 .

John Puckett . On the 28th of January between the hours of nine and ten, the Prisoner picked me up at the corner of Crown Court Soho, and asked me for something to drink: she kept a long side of me, and entreated me to go to her lodging in Peter's Street , and I was foolish enough to go with her: we went into the house (which she called her lodging) into a room up one pair of stairs. I called for a quartern of shrub, and paid for it: she asked me to lie with her, which I was weak enough to consent to. I asked her what she must have; she told me a shilling; I gave her the shilling; I had three guineas and a moidore in my pocket before I lay with her; after she got off the bed, she went out of the room under pretence of calling the maid of the house to bring a chamber-pot; I immediately missing my money, went after her, and told her she should not go out of the house, for I had lost so much money.

Q. Was she gone out of the room before you missed your money?

Puckett. Yes; without the door; she came back into the room, and said I might search her clothes. I searched her; she pulled off her clothes, and I could find no money about her. I told her, if she knew any thing of the money, and would let me have it again, I would not trouble her any further; but she still denied it, and I charged the watch with her.

Prisoner. Pray, Sir, was I out of the room?

Puckett. Yes; you was out of the room.

Prisoner. I was not out of the room.

Puckett. You was out of the room-door as far as the top of the stairs.

Prisoner. You searched me, and I pulled all my clothes off: the landlady was present at the same time: I took off my shoes and stockings too.

Puckett. That is a story, you pulled your shoes off, and you would have pulled your stockings off, but I said it did not signify any thing.

Q. Had you been drinking?

Puckett. No; nothing at all.

Q. Can you swear that this money might not seatter out of your pocket while you was upon the bed?

Puckett. I took the clothes off the bed, and searched, and there was no money upon the bed - after I had searched her. Acquitted .

163. + Elizabeth Brown , of St. Dunstan's Stepney , was indicted for stealing six plain gold rings, value 30 s. an enamelled ring, value 6 s. one 36 s. piece of gold, one moidore, and twenty three guineas, the property of Andrew Barber , in his dwelling-house , January 25 .

Andrew Barber . The Prisoner was my servant , and absconded from my house the 25th of January last; I wondered she did not return, but I had then no suspicion of being robbed. I went the 26th at night to a press to change a guinea, and missed the rings and the money which I saw the morning she absconded her service: the press did lock, but I found it open.

Q. Was it locked on the twenty fifth?

Barber. I know nothing to the contrary - I believe I locked it - I cannot swear I did.

Q. What was found upon her?

Barber. There were 6 l. 4 s. in gold and silver, and two plain gold rings found upon her at Westram in Kent.

Q. Were the two gold rings yours?

Barber. Yes.

Ann Wise . The Prisoner came to my mother's house on a Friday night, and said she had got some money, and was to go to Westram in Kent, and desired to lay there all night: my mother let her lie there, she said she was to go out in the morning at four o'clock. The next morning my father and I went with her to the inn, for she said she was to go down in the coach. When we came to the Borough, she said it was too late for the coach, and was afraid she must walk it: when we came to the turnpike we went into an alehouse, had a pot of beer, and two peny worth of bread and cheese; there was a coach going by the door, and she desired me to ask the coachman where he was going; he said to Croydon; she agreed to go with him: when we came to the coach door, she desired I would go with her; I went with her: when she came there, she desired the coachman to enquire for somebody, but there was no such person to be found: we went to the Cross Keys and had tea for breakfast, and some beef-stakes for dinner; then she went to a shop keeper in the town, and bought several things, a gown, a petticoat, and some handkerchiefs; then we went to the Cross Keys again, and she told me there was no carriage to Westram till Monday, so I staid with her Sunday and part of Monday, then she paid for my coach hire, and sent me up to London.

Q. Did you know the Prisoner before?

Wise. No otherwise than as she used to come to our house for pots.

- Barber. I keep a publick house.

Philip Horsefield . We were informed by Ann Wise where the Prisoner was gone, and about one o'clock on Tuesday morning, January 29, Mr. Roberts, Mr. Barber, and I set out after her from Mr. Barber's, and found her at the George Inn at Westram standing in the drinking-room; I called her on one side, went into another room, and said, how could you use your master and mistress so as to rob them? with that she laid down these two gold rings before us, then she went out and told me she had not made any use of her master's money, but had left the money and rings at the Bell at Westram: Mr. Roberts and she went out together, and she made her escape from him.

Q. How do you know that?

Horsefield. Because I took her again in another house at Westram, and brought her back to the Bell, and she said the woman at the Bell had the money and rings, but I do not believe the woman knew any thing of them: said Mr. Roberts, did not you take a note or any thing of the woman? no, says she, I did not, for I knew the woman very well.

Q. What did the woman of the house say?

Horsefield. She said she never saw a farthing of the money, and that the Prisoner spent but three pence in the house.

Q. Do you know whether these are Mr. Barber's rings ?

Horsefield. I believe this is Mr. Barbers wife's wedding ring; Mr. Roberts could read writing, but I cannot.

Barber. These are my rings, Guilty 4 s. 10 d .

Mr. Roberts not appearing to give evidence, the Court ordered his recognizance to be estreated.

[Transportation. See summary.]

164. Jane Linsley , was indicted for stealing a duffle coat, value 6 s. the goods of Going Drayton , February 18 .

Diana Drayton . On Monday the 18th of February I went over the way to a neighbour's, and she desired me to stay with her a little; I told her I had left my door open. I went over again, and saw the Prisoner in my room with my husband's coat in her hand; she had taken it off a nail, but had not time to put it cross her arm. Seeing a strang person there, I was frightened, and asked her what she did there; she said, that either Mr. Williams or Mrs. Williams had sent her for the coat; I said the coat was mine, and she should not have it; she said it was hers, and she would have it; I told her I would take it away; then she took hold of me by the handkerchief which was about my neck, and shook me. I called to a woman who was in the house, and she said she would have me send for an officer; I said I was but a stranger in the place, and did not know where to get one: I said the Prisoner was an impudent jade, and I would get an officer for her; she said, if I did not get an officer for her, she would get one for me, so I staid and kept the Prisoner, and Mrs. Treddell went for an officer.

Q. What did the Prisoner do with the coat?

Drayton. She laid the coat down, and said, D - n you, there is the coat, I have not robbed you of any thing,

Treddell. Mrs. Drayton called me down stairs, when I came down, the Prisoner had the coat in her hand, she laid the coat down upon the dresser, and said, D - n you, I have not robbed you of nothing; D - n you, you are a saucy jade to stop me without a constable, I will have one for you: I said she should have one in a little time, and that I believed it was not the first time she had deserved one, so I got a constable, and she was taken up.

Prisoner. I had received some money of my mistress, and went to buy a gown, and the gown was too strait for me, and I went in there to enquire for one Mrs. Williams, a mantua maker, and a woman shoved by me (I do not know whether that gentlewoman [Mrs. Drayton ] is the person ) and said, What do you do here, how came that coat there?

Drayton. I did not say how came the coat there.

Prisoner. Had not I a new gown on?

Drayton. You had a newish gown on.

Prisoner. The gentlewoman insisted upon my company, kept me three quarters of an hour, and then charged a constable with me. Guilty 10 d .

[Transportation. See summary.]

165. + James How , was indicted for stealing a perriwig, value 20 s. the property of John Fitzar , in the shop of Elizabeth Grant , January 17 .

Thomas Smith . I was servant to Mrs. Grant; the Prisoner James How came into her shop at Hoxton to be shaved; when he came in, the wig was hanging upon a peg; I went for some warm water, and shaved him; in about a quarter of an hour after he was gone I missed the wig, and called to my mistress to know whether she had delivered it to any body, and she said she had not. I went to seek after him, and found him behind Old Street Church wheeling of bricks: I charged him with stealing the wig, went with him to a publick house, and he delivered me the wig out of his pocket. I had some knowledge of him, he had been shaved there at different times.

Prisoner. I went into the shop to be shaved, I did not take the wig out of the shop with a design to cheat him of it, but out of a joke; and when he came to me, I delivered it to him again directly. Smith went to my wife, and agreed to take a guinea of her not to appear against me, and offered to let me go. I have a note [receipt] here to prove it.

The following paper was produced and read.

' February 25, 1744. Received of James How

' two shillings and six-pence, in part of one pound

' one shilling. Received by me,

' THOMAS SMITH .'

Q. Do you know any thing of th is? Whose writing is it?

Smith. This is one Brown's writing, a gardner at Hoxton. Mr. Brown wanted me to make it up, and gave me half a crown, and I told him no such thing could be done - I have seen this paper before.

Prisoner. Mr. Smith said he would make it up.

Smith. I said if I could do the Prisoner any service, I would; but afterwards, when I had informed myself, I went to his wife, and told her I could not do it: I would have served him if I could, because he had a wife and two or three children. Guilty 4 s. 10 d .

[Transportation. See summary.]

166. John Farrow , was indicted for stealing eleven pound weight of sugar, value 2 s. the goods of persons unknown, February 1 .

David Day . I saw the Prisoner come out of a warehouse at Wiggins's Key with something in his pocket; I asked him what he had got there; said he, D - n you, what is that to you: his pocket hit against my leg, and that made me suspect him, so I searched him, and found eleven pound of sugar in his pockets and the lining of his coat. I went up into the warehouse, and there was the head of a hogshead open, and it seemed to be the same sugar of that hogshead. I take it to be the property of Mr. Eliakim Palmer. I would have drubbed him with a hoop stick, and have sent him about his business; but he threatened us if we meddled with him, for he said the sugar was given him at Smart's Key.

Thomas Hewlett . The Prisoner was brought to me by Mr. Day, and the sugar was taken from him. I know very little of his character; he has worked for me now and then. Guilty 10 d .

[Transportation. See summary.]

167. John Smith , was indicted for stealing a tin pot with four gallons of lamp oil, value 10 s. the property of George Harrison , Nov. 15 .

George Harrison . On the 15th of November my man lost a tin pot of mine, and four gallons of oil: this is my pot.

William Lane. I went into Mr. Rippen's at the Green Man and Still in New Street, by Cloth Fair , for half a pint of twopeny, and when I came out I found that my pot with about four gallons of oil in it was gone.

William Ratcliff . The Prisoner came one day to my house, and asked me, if I was not a fan-stick maker, and knew one John Henley ; I said, yes: then he poured some oil out of a large tin pot into a bottle, and left the pot and the rest of the oil with me: I believed it to be stole. I went to Mr. Moore's by Cripplegate, and asked him if it was his; he said it was not his pot - Mr. Moore sent his man for it, and I delivered it to him. I verily believe this to be the pot that the Prisoner brought to me, but I cannot swear it.

James Moore . Mr. Ratcliff came to my house, and said, he had an oil pot left at his house, which he believed was stole. I sent my man for it, but it was not mine. I sent to Mr. Harrison to acquaint him that I had such a thing; he said it was his, and lost such a day.

Nicholas Aris . This is the pot I fetched from Mr. Ratcliff's house. Guilty.

+ John Smith, was a second time indicted for stealing a silk gown, value 55 s. a cotton gown, value 10 s. a cloak, value 4 s. two yards of black silk, val. 6 s. a calimanco quilted petcoat, value 15 s. a white linen petticoat, value 14 d. a pair of sheets, value 12 s. five aprons, value 10 s. three aprons, value 2 s. eight handkerchiefs, value 12 s. two pair of shift sleeves, 8 d. one pair of shirt sleeves, value 2 s. a pair of stays, value 5 s. a shirt, value 4 s. four caps, value 4 s. two tea spoons, value 2 s. 6 d. and a blanket, value 2 s. &c. the goods of Elizabeth Coomer , in her dwelling-house, January 5.

Elizabeth Coomer . The Prisoner lodged in my house; on the 5th of January I went out and left the door of my room fast, and when I came home the Prisoner was gone, and all the things mentioned in the indictment were gone: there was nobody in the house but the Prisoner when I went out.

Another witness proved, that the Prisoner came the same day to his house with a parcel of things tied up in a blanket, and asked, if he would buy such and such things. Mrs. Coomer had heard that such things were carried to him, and she went and enquired after them; that he told her such and such things had been offered to him, and they agreed exactly with what she had lost. Acquitted .

[Transportation. See summary.]

168. Mary Davis , was indicted for stealing a pair of sheets, value 2 s. 6 d. three shifts, value 6 s. a handkerchief, value 6 d. and a gown, value 4 s. the goods of Paul Higgins , February 21 .

Ann Higgins . The Prisoner was my servant ; my husband was ill in the country, and I went to see him; when I came home the Prisoner was gone. About a fortnight afterwards she was brought to me, but the constable was in liquor, and let her go; he said to her, be a good girl, and come again tommorrow; but she did not come again. When she was taken up, she told me where the things were pawned, and I found them where she told me, pawned in her name.

The pawnbroker's servant proved, that those things were pledged at his master's, but being taken in by a servant who is since dead, he could not say the Prisoner was the person that brought them. Guilty .

[Transportation. See summary.]

169. William Wichin , was indicted for stealing five pounds of tobacco, value 4 s. the property of John Alweston , February 21 . Guilty 10 d .

[Transportation. See summary.]

170. William Long , was indicted for stealing a sheet, value 2 s. the property of John Goods , and a cotton gown, value 4 s. the property of , February 25 . Guilty 10 d .

[Transportation. See summary.]

171. William Owen , was indicted for stealing a silver spoon, value 5 s. the property of Edward Barlow , and a pair of silver buckles, value 4 s. the property of Peter Jaunon , January 29 .

Peter Jaunon . The Prisoner is my fellow apprentice , he absented himself from my master's service the 29th of January; when he was gone I missed my buckles - they were in a trunk in the room where I lay. I met with him on the 7th of February just by the Sun alehouse in Bishopsgate Street; I asked him if he knew any thing of my buckles; he replied, he did, and told me they were pawned at Mr. John Slaymaker 's.

John Slaymaker . On the 18th of August the Prisoner brought a pair of silver buckles to pawn.

Q. Did he tell you whose they were?

Slaymaker. He said they were his own: they remained at my house till Christmas, and in Christmas week he fetched them out as his own, and his fellow apprentice [Jaunon] came with him, and stood at the door; and on the 28th of January the same person brought them again.

[ Henry Owden produced the buckles.]

Slaymaker. These are the buckles the Prisoner brought to my shop.

Jaunon. These are the buckles which the Prisoner took from me.

Mary Barlow [wife of Edward Barlow .] On the 29th of January I lost a silver spoon.

Q. Where do you live?

Barlow. I live in the same house; the Prisoner is apprentice to my son - this is my spoon.

Robert Taylor . I am a broker.

Q. Did any body bring a spoon to you at any time?

Taylor. Yes.

Q. Who did?

Taylor. The Prisoner at the bar. If your Lordship pleases to hear me. First of all it was a young woman that brought the spoon into my shop. I asked her, What she wanted upon it? She said, Five shillings. Says I, Is the spoon yours? She said, Yes; and she said, My brother is at the door: whether he fetches it, or I, it is the same thing. I asked the Prisoner, if the spoon was his; he said, Yes. I said, if the spoon was his, it was better to set it down in his name; and so I did. - I cannot swear this is the spoon that was brought to me by the young woman and the Prisoner.

Edmund Harrol . I have known the Prisoner about five years. I lived with him as a fellow-servant a year and an half at Mr. Barlow's (I left his service about two years ago) and I never heard any thing, but that he was a very sober, honest lady all the time I was with him.

Two other witnesses appeared to the character of the Prisoner. Guilty 10 d .

[Whipping. See summary.]

172. + James Stansbury *, was indicted (together with Daniel Boyers and Abraham Saunshus , not yet taken) for breaking and entering the dwelling-house of John White , in the parish of St. Mary, Whitechapel , in the nighttime, and stealing ten tin canisters, value 30 s. seventy pound weight of tea, value 28 l. a pair of silver knee-buckles, value 2 s. 6 d. a pair of silver shoe-buckles, value 5 s. a silver stock-buckle, value 1 s. five silver tea spoons, value 5 s. two silver spoons, value 15 s. eight holland shirts, value 4 l. six shifts, value 30 s. five aprons, value 5 s. two tablecloths, value 5 s. six napkins, value 6 s. six pair of stockings, value 6 s. a yard and an half of cambrick, value 10 s. a mob, value 2 s. 6 d. &c. and five pounds in money ; the goods and money of John White , Oct. 6 .

* He was tried in September sessions, in the mayoralty of Sir Robert Willimot , with Mary his wife, for assaulting George Morgan , putting him in fear, and taking from him a bat, perriwig, &c. five moidores, &c. in his [Stansbury's] dwelling-house in Hanging-sword-alley in Fleet-street, and acquitted. See September sessions in that mayoralty, number VII. page 250. His wife was capitally convicted for that fact, and is since transported.

John White . In the night between the 6th and 7th of October, my house was broke open - I was called up about seven in the morning, and the goods and money, mentioned in the indictment, were taken away.

Q. Did you perceive there had been any marks of violence on any part of the house?

White. There was a hole cut in the window-shutter of the kitchen, and it was unbarred on the inside. Here is the handle of an instrument which the coopers use in boring, which was found on the outside of the kitchen window. They had let themselves out at the street-door, and taken the key with them; so that we could not get into the street without taking off the lock of the door. We found the key in our own area, and a boy found the drawer, which the money was in, in a neighbour's area.

Jane White . In the morning, about 7 o'clock, I was informed the house was broke open, and that we were robbed of every thing they could come at, which was worth taking away.

Prisoner. I desire they may be examined separately.

Mrs. White. I know what I have to say.

Prisoner. Mr. White ought not to be there.

Jane White . The bureau was broke open: there was a glass case upon the bureau, and in this glass case there was a drawer with money in it, which they took away. I believe there were between five and six pounds. There was in that drawer a small buckle and some pieces of silver. I lost a great deal of linen, but have not heard of any of it since. - I was sure the house was fast when I went to bed, for I always look to it. - I was not the last person up. - There was a hole cut in the kitchen window shutter, through which they put a hand in, turned a screw, and the bar fell down upon some pewter, and that, it seems, made a noise. I did not hear it.

Jane Young . I am servant to Mr. White. The kitchen window was fast when I went to bed, which was about two minutes after my master and mistress went up. I was the last person below stairs. I got up about seven o'clock in the morning, and when I came down into the kitchen, I saw the casement open, and a hole cut in the window shutter, and the bar was down. It was an iron bar, which screwed in the middle: it was unscrewed; half of it was up and half down, and several things were pulled about the kitchen. - I did not hear any noise in the night. The shop was stripped, and the tea taken away. There were about ten canisters with tea taken out of the shop. - The canisters were found in a gardener's ground near Aylosse-street. - The shop is in Little Aylosse-street, Goodmans-fields.

Samuel Mecum . This James Stansbury , Abraham Saunshus , Daniel Boyers , and I, broke open this Shop. One of the Jews told me, about three days before, there was a great deal of tea in it (Saunshus and Boyers are both Jews.) We went there about twelve o'clock at night, and there was a light above stairs; so we went to an ale-house just over against the house, till it was a proper time, and had four or five full pots of beer and some bread and cheese, and staid there till about one.

Q. Did you know the house?

Mecum. I never was in the house before. I saw this young woman in the house then [Mrs. Spring's daughter.] After we had committed the robbery, we went to Stansbury's house: I lodged there at that time.

Q. Where was Stansbury's house?

Mecum. I kept a house in Whitechapel, and he lodged with me there. This tool was broke in breaking into the house [the cooper's tool, mentioned before.]

Q. Who broke the house open?

Mecum. Stansbury did it, for none of us could do it so well as he could. We got down into the area: Stansbury took a pane of glass our, and then fell a boring some holes in the shutter with the iron that belonged to this instrument; then he put his hand in, and the bar fell down upon some pewter. The pewter fell down and made a vast great noise: we stood two or three minutes, to hear if any body came down, but we could not hear any body. Stansbury used to take snuff, and in his snuff-box he had some tinder; we had a flint and a steel, and so struck a light, and then put a bit of candle into a dark lanthorn.

Q. Where had you the candle?

Mecum. We never were without it when we went to do such things, we always carried it in our pockets. Then Stansbury and I accordingly got in, and let the other two in at the street door. There was a great latch and a screw over the latch. of the door, which we unscreweed; the key was in the street door. Then we went directly to the tea canisters, took about six or seven of them off the shelves, and put them on the counter. Then we saw a thing like a scrutore (there was an ink bottle in it, and that we threw down.) We took out a drawer, and there was a little white canvas bag with some gold and silver in it; afterwards we went to the till, and took about seven or eight shillings out of it, chiefly in half-pence: there were some drawers underneath the scrutore, which we broke open, and there were ruffled shirts, handkerchiefs, aprons, and several other things of wearing apparel - I believe there might be eight or nine shirts (we sold them in a hurry for fear of having the house searched:) then we took to the best of my knowledge six canisters of tea, and two bundles of linen (there were two pair of bran new pumps) which we carried home: when we carried them home we locked the street door, and took the key away with us; we came back again, and then we took away about four canisters of tea. There was some silver which was not brought to light; I know nothing of that; and they broke something, I believe it was a pair of tea tongs: then we locked the street door, and somebody threw the key down the area, and said, D - n them, let them find the key.

Q. Where did you carry these things?

Mecum. To my house in White Chapel; Boyers, (for he used to buy stolen goods as well as go a thieving) gave us 3 l. for the clothes - what silver there was he had with the clothes for that money - we moved the tea to Boyer's house in Houndsditch, and he moved it to an empty room that he had in Houndsditch: we emptied the tea before we moved it, and put it into different parcels, because we would not mix it, and threw the canisters into a garden near a dunghill as you go from London to Stepney.

Prisoner. I desire the witnesses who have given their evidence may be put out of Court, because I have some questions to ask him about some pieces of coin. [At the Prisoner's desire the witnesses were ordered to withdraw.]

Prisoner. He was pleased to say there was gold in the bag. I desire to know what coin it was?

Mecum. To the best of my knowledge there were two guineas, half a guinea, half a moidore, and the rest was in silver. I had a guinea, and nine pence in half pence for my share of the money. I had not done these things if you had not persuaded me to it. When your wife was under sentence of transportation, you came to my house to get money this way in order to save her - He lay there upon the account of going out with me.

Prisoner. I desire to know whether he has any body to prove this, for he will say any thing to save himself, as this sort of people do. Have not you been tried for theft in this Court before?

Mecum. Yes; and I was acquitted.

Prisoner. He says I made him go a thieving with me.

Mecum. You asked me the question, Mr. Stansbury.

[After Mr. Stansbury had asked the Evidence what questions he thought proper, the witnesses were called into Court again.]

Q. to Mrs. White. You was mentioning that there were some pieces of money in a drawer in a bureau: what were they put in?

White. In a linen bag - a canvas bag, I think with red strings to it.

Q. What money was there in the bag?

White. There were three guineas, a half guinea, and half a moidore in gold; I believe I put in that night about twenty five shillings in silver, and there was a half crown and some six pences in it before I put the other silver in.

Q. What did you do with the street door key when you fastened the door?

White. I left it in the lock.

Q. How was the door fastened?

White. There is a bolt and a latch which screws down.

Q. Is the screw over the latch?

White. The screw is in the latch.

Elizabeth Spring . I live in Aylosse Street; my mother keeps a publick house; our house is almost opposite to Mr. White's.

Q. Have you seen the Prisoner before?

Spring. I think I have.

Q. In what month did you see the Prisoner?

Spring. It was in October - the sixth day of October.

Q. Do you know the day of the week?

Spring. Yes; very well - it was on a Saturday evening.

Q. Look at that man [Mecum.]

Spring. I do.

Q. Was he with the Prisoner at that time?

Spring. I believe he was - I think there were six of them - they came in between ten and eleven at night, and staid I believe till nigh twelve, and they all went out together - they did not come back again - they had only three tankards of beer.

Prisoner. How came you to take such particular notice of me?

Spring. Because the people in the house took notice of you, and did not like any of you; the gentlemen thought you were slippery rogues.

Prisoner. What clothes had I on?

Spring. I believe you had that coat and that wig you have now, and you sat and slept with your head against a pair of bellows by the chimney corner.

Prisoner to Mr. White. Has not there been two of the persons taken up on this account, and one now in custody?

White. There were three persons taken up on suspicion, but I do not know what became of them, they were not taken up on my account: I had a warrant to take up Mecum, Stansbury, and Saunshus.

Prisoner. What was it that induced you to take out a warrant a gainst these persons and me?

White. There is a person that pretends to be a thieftaker informed me of these three men.

Prisoner. I think the gentleman who is aggrieved, says, that his house was broke open the eighth or ninth of October.

Mecum. It was in the night between the sixth and seventh of October.

Eleanor Mecum . I am the wife of Samuel Mecum .

Q. Where did your husband and you live in last October?

Mecum. We lived in Whitechapel.

Q. Where did the Prisoner live?

Mecum. He lodged at my house.

Q. Do you know any thing of the breaking open Mr. White's house?

Mecum. I do not know what day of the month it was done; I remember their going out and bringing things in.

Q. Do you know what month it was in?

Mecum. I did not take any account of it; I remember they came home on a Saturday night about one o'clock; Stansbury came in first with a white bundle and other things, then my husband came and the other two came after him - I believe my husband brought in some canisters of tea.

Q. Who were there besides?

Mecum. Boyers and Saunshus - there were two bundles brought.

Q. Did they bring them at once?

Mecum. No; at twice - The bundles came in first and some canisters, and then the other canisters.

Prisoner. How long have you been the wife of this Mecum?

Mecum. Five years last Borough Fair.

Prisoner. Has not he got another wife; [the question was not answered:] a man cannot have two wives at one time.

The Prisoner desired that Mecum might be asked, whether he has not a son twelve years of age: [that question was not asked.]

Prisoner. She is not his wife, she is only his whore or mistress, which you will please to call her. I think she cannot be a witness, for she ought to have been indicted as an accessary.

Mary Sanders . The Prisoner lodged in my house from last June to November; I believe it was the latter end of June last that he came there.

Q. Was he at any time absent from your house?

Sanders. Not one whole day, nor one night.

Q. Was you always at home?

Sanders. I never was out a whole night or a whole day.

Q. Do you remember any thing of his being absent one night the beginning of October last?

Sanders. He never was absent one night, from the time of his coming into my house to the time he left it.

Prisoner. I am a clock-maker. I lodged there, and work'd in the garret.

William Walpole . I am a watch-maker: the Prisoner is a clock-maker: he used to work for me when I had clock-work to do, and I have work'd for him in the watch way.

Prisoner. My father was a clock-maker, and he left me his tools.

Walpole. I have known him these twenty years, when he was quite a young lad. - It is not above three or four years that I have dealt with him.

Q. What character had he?

Walpole. He always had a good character in my way of business - I never heard any thing amiss of him. I wanted him to do something for me, and enquiring after him, I heard he was in goal on the other side of the water.

Q. Did you never hear any harm of him till he was taken up?

Walpole. I never heard any harm of him ill then.

Prisoner. He has entrusted me with clocks of value.

Walpole. I would trust him with any thing in the way of business. I have trusted him with a spring-clock, or table-clock, of 14, 15, or 20 l. value. He is a very good hand at spring work.

Jury to Mary Sanders . Where do you live?

Sanders. I live at the sign of the Raven in Golden-lane, opposite to Mr. Lloyd's, the Sun brew-house.

Samuel Mecum . Her husband lived in Whitecross-street; he is as great a pick-pocket as any in England.

Francis Martin . I am a journeyman pastrycook. I live at the corner of Popping's-alley in Fleet-street. I have known the Prisoner about five years. When I knew him first, I lived with Mr. Evans, a pastrycook by Clerkenwell Bridewell; his father made my master a clock; and by that I came acquainted with him; and since I have lived in Fleet-street, I have seen him frequently about his business, and he always behaved well.

Jury to Walpole. Where did he live when you used to send work to him?

Walpole. He lived at Sander's house: she sold second-hand clothes.

Q. How long is it ago since you employed him?

Walpole. About three months, or between three and four months. I believe he has been taken up two months. - I employed him about a month before he was taken up. - A little after Lord Mayor's day was the last time that I employed him. Guilty Death .

James Stansbury was (a second time) indicted (together with Daniel Boyers and Abraham Saunshus , not yet taken) for breaking and entering the dwelling-house of Jemima Hawker , in the parish of St. Mary, Whitechapel , about the hour of two in the night, and stealing a considerable quantity of china, some linen, a hood, scarf, and two cloth cloaks , Oct. 4 .

He was (a third time) indicted for stealing two pieces of beaver coating, value 8 l. the goods of - Gray, Mary Foster , and Richard Foster , Nov. 23 .

There was another indictment against him for a burglary in London; but he was not tried upon either of these indictments.

173. Andrew Robinson was indicted for stealing 2 s. in money , the property of Nicholas Miller , Feb. 6 .

Nicholas Miller . I am a grocer in Whitechapel : the Prisoner is my servant to carry out goods. On the 6th of February he took two shillings out of the till. - I had marked eight shillings and some half-crowns, the night before, with the letter M, and put them into the till (I had missed a shilling out of the till some time before, but I would not take any notice of that.) The Prisoner went twice by the drawer, and each time he took out a shilling.

Q. How do you know the Prisoner took them out?

Miller. I went to the till, and found two of the shillings I had marked missing: then I called him into a little room at the end of the shop, and told him of it. - I said, I must come to the truth of it; and sent for a constable. I told him, the Prisoner had taken 2 s. from me. He searched him, and found the 2 s. two Queen's Anne's shillings, marked on the neck with the letter M, in his shoes. I marked them with a pair of iron tweezers. I had put them into the till but about a quarter of an hour before.

Francis Toll . Mr. Miller sent for me, and told me, the Prisoner had robbed him of two shillings. I desired, if he had done it, he would confess, and ask his master's pardon. He denied it a great while, but at last took them out of his shoes, and then Mr. Miller charged me with him. Guilty 10 d .

[Transportation. See summary.]

174. Mary Alderman , otherwise Bagley , was indicted for stealing a pair of silver buckles, value 21 s. the goods of Charles Murrow , Jan. 14 .

Charles Murrow . On the 14th of January the Prisoner came to the room where I lived, and said she was very hungry, and had not had a bit of victuals. She and my wife went out. The Prisoner came in again, and asked me, where my buckles were; I said, they were in the drawer. She said, she would lay me a pint of beer of it. I took them out, shewed them to her, put them into the drawer again, and shut it; and I never saw the face of them afterwards.

Q. Was you in the room all the time?

Murrow. Yes. I did not see her take them; but soon after she was gone, I missed them.

Sarah Murrow . On the 20th of January, between eight and nine at night, there was a man quarreling with the Prisoner in Purpool-lane, by my son's door. The man said to her, Give Charles his buckles; and she said, he [ Charles Murrow ] might be d - d. I said, Hussey, give him his buckles she said, D - n ou, you old b - h; I have them, and you may find them out, and get them again as you can. When you find them, you shall have them, you old b - h. She has been in prison several times.

Q. Was she an old acquaintance of your son's, because they talked very san iliarly.

Murrow. I believe they were not much acquainted. - I have known her about a year and an half.

Q. How came your son to give her victuals, if they were not well acquainted?

Murrow. Because she was a neighbour's child.

Prisoner. I lived with Charles Murrow and his wife three months last summer, and kept them.

Sarah Murrow . She never lived with them; for they have but one bed for themselves, so she could not live with them.

Q. Did the Prisoner ever live with you or your wife?

Cha. Murrow. No, never.

Ann Pearce . On the 20th of January I was coming along Purpool-lane, and there was a tumult: the Prisoner and this elderly woman [ Sarah Murrow ] were arguing together. She bid the Prisoner return the buckles; the Prisoner said, she might get them again, if she could; and called her Old b - h. I know she is a vile creature in making tumults in the streets.

Prisoner. They have hired witnesses to swear against me, and have given them a crown a piece. They have taken me up only upon the account of a conjurer.

Hannah Price . Sarah Murrow told me, that the Prisoner was taken up, on suspicion of stealing a pair of silver buckles, upon the account of a fortune-teller.

Q. How came they to suspect her?

Price. They went to the cunning man - I don't know who.

Q. What did the conjurer say?

Price. He said the buckles were neither pawned nor sold, but were left, within five doors of the place where Murrow lived, for a little gin: and on she 4th day of this month Mrs. Murrow called me out of my bed, and offered me a crown, if I would swear the Prisoner had the buckles.

Q. to Sarah Murrow . Did you tell Hannah Price about this fortune-teller?

Sarah Murrow . No, indeed; nor ever saw her.

Ann Alderman . I am the Prisoner's own mother. On the 19th day of January Charles Murrow sent for me, and wanted to speak with me; and desired me to tax the Prisoner with having the buckles. He said, he had been recommended to a fortune-teller, and had described the person that had them, and told the colour of her skin, and the nature of her hair; and he said he saw the Prisoner's face in a glass very perfectly; and that the fortune-teller said they were neither told nor pawned, and that they were within six doors of his own house; and if he did not take her up within such a day of the month, he would lose her: and on that day he took her up, which was the 29th day of the month. - I don't know that the Prisoner ever lived with Murrow.

Mary Furrivall . I have known the Prisoner from a little baby, and never knew her to wrong man, woman, or child.

Magdalen Stunton. Charles Murrow 's wife was at my house some days ago: I asked, what they would do with Mary Alderman ? She said, the Prisoner had got the buckles, and if I would not swear them upon her, she would get somebody else to do it. I have left the Prisoner in my house for a month together, when I went down 200 miles into the country, and she always behaved honestly. - The Prosecutor has moved off since. Acquitted .

175. + Elizabeth Faiser , of Christ-church in Middlesex , was indicted for stealing a wooden till value 3 d. and 17 s. in money, the property of John King , in his shop , Jan. 18 .

Mary King . I was sitting in a back room, and saw the shop door open. I thought there might be a child come in, and told my servant. She said, she believed she saw a butcher's dog behind the counter; and going into the shop, squalled out so, that I thought the batcher's dog had get hold of her. I saw the drawer upon the shop floor (I did not see it fall) and the Prisoner in the shop. There were 17 s. and 4 d. taken off the floor.

Sarah Hillary . My mistress said, There is some body in the shop. I looked and saw, a little above the edge of the counter, somebody behind it. I said, I believe there is a dog in the shop. I went behind the counter, and saw the Prisoner there: I was very much frightened, and squalled out. I heard the drawer fall upon the floor, but I cannot say I saw it in the Prisoner's hand.

John Whittingham . I was going upon my watch, between eight and nine o'clock, and went into Mrs. King's for a dram. As I went in, the Prisoner fell down with the drawer upon the floor; there was a great deal of money upon the floor: so I secured the Prisoner. Guilty 4 s. 10 d .

[Transportation. See summary.]

176. John Poulton * , of St. Mary at Bow, in the county of Middlesex , was indicted for unlawfully, maliciously, and feloniously assaulting Isaac Lane on the King's highway, with a pistol which he had and held in his right hand, putting him in fear, &c. with an intent to rob + him , December 8, 1744 .

* The Prisoner was brought by a Habeas Corpus from Essex.

+ By an act of parliament made in the year 1734, it is enacted, That if any person or persons with any offensive weapon, threats or menaces, violence or by force, shall assault any person or persons with an intent to rob, it shall be felony: But it is not a felony that is punishable capitally; and the person or persons so offending are to be transported for seven years.

Isaac Lane. On a Saturday morning the eighth of December last, between seven and eight o'clock, pretty near Bow Church on the Essex road, a little on this side of Bow , Samuel Poulton the Prisoner at the bar rode up on the right hand side of me.

Court. Look on the Prisoner, are you sure he is the man?

Lane. I know him very well, my Lord; he rode up to me on the right hand side, offered a pistol to me, and demanded my money, or I was a dead man; and that I might be certain what he did say, I asked him, and said, What did you say; he repeated the same words again, and said, Deliver your money, or you are a dead man, or words to the same purpose: I do not justly know, whether he said he would blow my brains out, for I was a little surprised: then I rode from him down the town, and called out a highwayman.

Q. Did he meet you or overtake you?

Lane. He overtook me. As I was telling my story to some journeymen carpenters on this side of Bow Bridge, and describing the horse, I saw a man come riding down the town; he walked his horse, and was whistling: I imagined it to be him, and it was him. He came up; I let him go a few yards past me, and then challenged him, and said, You are the villain that just now offered to rob me by the church: he made answer, I am just come from the Bell in Warwick Lane; I said, Come from where you will, I am sure you are the man; he said, that cannot be, for you were describing him to be upon a black horse, and I am upon a bay horse, (but it was a dark chesnut horse, I thought it had been a black horse.) I was describing the horse to the men, and he overheard me; this was not above five minutes after his first attacking me. I said, I am very positive you are the man; he said, will you swear that; I said, yes, I will; with that he set spurs to his horse and rode very hard down towards Essex; I rode after him, and pursued him, and he got into the marshes, then some other people rode after him, and took him.

Prisoner. Are you sure it was a chesnut horse?

Lane. I believe it was, but I am very sure you are the man.

Francis Titham . I live by Bow Bridge in the Parish of Westham: on the 8th of December between seven and eight in the morning, Mr. Isaac Lane came riding up to my door, and asked me, if I saw a highwayman; I said, I did not see any: says Mr. Lane, then he is turned down some of these ways. I looked down, but could not see any body: as I was going into the marshes, I was told there was a man rode into the marshes: there is on osier ground, and I saw a place where a horse had leaped over. I tracked the prints of a horse's feet about 20 yards into the osier-ground, and suspected that the highwayman was there. I called more people to my assistance, and we went up all on a-breast and took him in the osier ground; another person laid hold of him first, but before he was laid hold of he opened his great coat, and said, he had no fire arms: we searched him, but could not find any about him.

Philip Waylep . I saw the Prisoner Samuel Poulton stop the gentleman upon the road: I have known Poulton five or six years.

Q. What day of the month was it?

Waylep. It was the 8th day of December - on a Saturday morning,

Q. What was you doing of?

Waylep. I was driving a stage waggon just by.

Q. Was you near enough to hear what he said?

Waylep. Yes; he said, if the gentleman did not deliver his money that minute, he would blow his brains out. Guilty .

[Transportation. See summary.]

177. + John Reese , of St. Mary Lestrand , was indicted for the murder of Andrew Smith , by giving him a mortal wound with a certain piece of wood called a cooler oar, upon the hinder part of the head, near the left ear, of the length of one inch and a quarter, and the breadth of half an inch , January 22 .

He was a second time indicted on the Coroner's Inquest for manslaughter.

Henry Elers . The deceased was a servant of mine, and so is the Prisoner. About six weeks ago in the morning I was in the boiling-house (I am a sugar refiner, I live in the Savoy ) I was with them two hours, from eight to ten, and did not hear of any dispute between them: when I came home between two and three o'clock, I heard of this misfortune that had happened. The deceased was a pan-man, a superior workman, and had double the wages of the Prisoner . I heard that this happened about twelve or one o'clock, when nobody was there but themselves. I went up to the deceased and spoke to him as he lay upon the bed, but he was not able to give me any answer with relation to what had happened.

Q. What was the deceased in his behaviour?

Elers. He was always addicted to quarrelling, but as to the Prisoner, during the time he lived with me, he always behaved civilly, and was not given to quarrel.

Daniel Deickman (surgeon.) On the 22d of January I was called between two and three in the afternoon to visit a patient who was very much hurt, and they believed the man was dying. I made haste, and found the patient in a dangerous condition; the blood ran out at his left ear, and out at his mouth too: upon the left side of his head behind the ear there was a contusion wound, of an inch and a quarter in length, and half an inch in breadth. I asked the deceased how he came by this misfortune, but he would give me no answer.

Q. Was he in a condition to speak?

Deickman. It will come by and by. I asked the people of the house how he came by that wound; they said he was fighting with the Prisoner at the bar. I asked the Prisoner if he had not given him this dangerous blow, and told him, I was afraid the man would die: the Prisoner answered me, he was very sorry for it if he should die, but he could not help it, for the deceased struck him twice before he struck him again. I asked the deceased, whether it was true what the Prisoner said; the deceased would not answer me the question, but doubled his fist, and said, Hounsfoot , (that is a word of resentment) and I believe if he had had strength he would still have sought with him; so the Prisoner himself said, Did not you strike me twice before I struck you? he would not answer that question neither, but repeated Hounsfoot. When he was in bed he vomited a vast quantity of blood; the convulsions seized him so strong, that three or four men could not hold him. I told Mr. Elers how it was, and desired he would send for another surgeon; so Mr. Pye was called, but he only assisted me; so we consulted, and I scalped his head in order to have trepanned him the next day, but he died that night.

The same as if he had called him dog in English. The deceased was a Swede.

Q. Do you think by the manner in which he pronounced the word Hounsfoot twice, that he could have spoke more if he had pleased?

Deickman. Yes; I believe he could; for he asked afterwards, whether his master was come home.

Q. Do you apprehend the contusion was occasioned by a blow or by a fall?

Deickman. I believe it was by a blow, for he vomited so much blood, that I believe the internal sinus was broke.

Q. Do you think the blow was given by a fist or by an instrument?

Deickman. I believe it was given by an instrument: the Prisoner had a hurt upon his hand, - it was done by an instrument to be sure.

Elers. There were two wooden oars broke - they are things that we stir the sugars with. Acquitted of the murder, and acquitted on the Coroner's Inquisition.

The Jury found that the deceased died a natural death by the visitation of God.

178. + William Joyce , of London, was indicted for stealing a bay gelding, value 15 l. the property of John Thompson , Esq; Feb. 1 .

John Thompson . I have a field joining to Great Marlow Bridge, in the parish of Bisham and county of Bucks . I lost a brown bay gelding with a bald face fourteen hands three inches high; it was in the field on the 18th of January, and on the 19th it was gone: the gelding was stopped at the King's Head in Smithfield. I sent my servant into the market to the person I bought him of, to ask him if he should know him; and in about half an hour he was brought to the toll book to be tolled - I was directed by an advertisement of Mr. Perry's in a news-paper, to go to the King's Head in Smithfield, and there I saw my gelding.

William Hrare . I am servant to Mr. Thompson; I was in town with my master when the horse was lost; he had an account sent him of it, and the next Friday but one I went to Smithfield to see if I could hear any thing of him. The first man I saw was Mr. Perry, the person my master bought him of. I asked him if he remembered such a horse he sold to a gentleman in May last, and described it: he said he remembered the horse very well: then I told him the horse was lost out of a field belonging to my master, and desired if he should see any thing of him to detect the person, or stop the horse; he told me he would, and I heard nothing further till the horse was advertised. My master and I went the next day to the King's Head in Smithfield, and saw the horse.

Collins Perry . The first of this instant February Mr. Thompson's servant came to me in Smithfield, and asked if I remembered such a horse that I sold his master in May last; I said very well; he said the horse was lost, and desired I would endeavour to find him out. About half an hour afterwards just by Long Lane in Smithfield the horse crossed me; what Mr. Thompson's man had said came fresh into my mind, and I took hold of the bridle; I said, friend, where are you a going? he said he was going home - his name is Thomas Dunn . I said I believe this horse is stole, you must go to the toll book. He said he would. I went to the toll book, and there were the names of the seller and the voucher entered. Presently after, Mr. Dunn met the seller of the horse (the Prisoner at the bar.) Mr. Dunn had paid him part of the money, but would not pay the whole till he had him tolled. There was a voucher brought, and the voucher said they gave him a shilling to vouch for the horse, and pulled the shilling out of his pocket, but he said he did not know any thing of the horse, so we secured the Prisoner, but the voucher run away. I had forgot Mr. Thompson's name, and did not know where to find him without sending down to great Marlow, so I published an advertisement the next morning, and Mr. Thompson came and claimed the horse.

[Mr. Dunn was called, and Mr. Perry said he was in Court yesterday, but had the misfortune to fall down and break his arm]

Q. When the Prisoner was charged with the horse, did he say, he had sold it to Dunn, or did he not?

Perry. Dunn wanted the money again that he had paid the Prisoner for the horse, and the Prisoner said, I can't give it you now, but, upon my soul, you shall have it.

Prisoner. Where did you see me?

Perry. About fifty yards off the toll-book, you and the voucher together.

Q. Did the Prisoner, after you had been at the toll-book, endeavour to make his escape?

Perry. There were twenty of my acquaintance round us, that he could not get away, if he would. The person I left in charge with him at the King's head, while I went for a constable, said he would have got out at the window.

Richard Wright (constable) took charge of the Prisoner, and carried him before a magistrate, who committed him.

Francis Clarke . I live at Grays in Essex. I have kept a farm there some years. The Prisoner lived with me three or four years.

Q. How long is that ago?

Clarke. About two years. He was the best servant I ever had in my life; and I wish I had such another now. I had him from a gentleman who lives near me, and had a very good character of him. I heard that gentleman say lately, he was a very good servant. - I am far from thinking that he would be guilty of the fact he is charged with. Guilty Death .

179. + William Bailey , of St. George, Hanover-square , was indicted (with Roger Allen and Robert Scott , not yet taken) for stealing two pair of worsted stockings, value 6 s. and a linen waistcoat, value 4 s. the property of Abraham Dirknell , in the stable of the most noble Charles Duke of Bolton , July 20. 1742 .

William Dirknel . About two years ago last June, I left a box in the Duke of Bolton's stables, with the stockings and waistcoat in it, and they were lost. I don't know any thing of the Prisoner's taking them.

Henry Sims *. [* Henry Sims was tried last sessions for robbing William Margerum of a gold watch, &c. See that remarkable trial, Sessions paper p. 58. trial 140.] About three years ago, or better, I lived as a servant with my Lord Duke. When I came away from my Lord Duke's, I got into a gang of people, misfortunate as such people are. Roger Allen , Robert Scott , William Bailey , and I agreed to go a robbing together. We went out two or three nights, and got nothing. Says this William Bailey , You lived a servant with the Duke of Bolton, you may get something out of my Lord Duke's. Said I, I don't know but I may. Between ten and eleven at night, we went there with an intent to rob the house, not the stable. We all put our hands to the bottom of the stable door, and broke the bar, so as to get in, and got into a room where a helper or postilion lay, and took two pair of stockings and a work'd linen waistcoat. We intended to break open the house, but there was a servant in the laundry. We went into the stable, got a pitch-fork, and endeavoured to break open the door where the coachman lay, but did not. Says I, Let us go about our business, with what we have got. Said the Prisoner at the bar, Don't let us go. D - n my eyes, we will tie the people in the house, before we will do that. Said I, Don't do that, because I shall be known; and I shall be taken one time or other. Accordingly we came about our business: the bar not being quite broke through, we brought it together, as a red hot poker would come, and shut the door after us. Then we came to the Prisoner's lodging, and agreed how to dispose of what we had. We sold the waistcoat for half a crown to an old clothes man (I think) in Thrift-street, Soho, and spent the money; and the stockings we tossed up for, under an arch in Peter's street, where the Prisoner lived, and I won them.

Q. Have you any witness to prove that the Prisoner and you were together?

Sims. We were brought up together: I have no witness to prove that we were together there. It is about two years and an half since this was done.

Charles Conner . Henry Sims and I were in New Prison, and lay in the same bed. He was committed for an assault. He said he could put twenty people into his information, if it would save him, and if he could get off from being a soldier: and said, he would put twenty people into his information before the woman should be imprisoned who had ruined herself upon his account. And he asked Joseph Uptebake , whether putting twenty people in his information would not save the woman from ruin, who was in prison for debt, and had ruined herself upon his account.

Sims. You are an Irish evidence.

Dorothy Walker . William Bailey had been a voyage to sea, and when he came from sea, he went to Portsmouth, he received a stab there, and came from thence the latter end of April, - (next April it will be * two years) and lodged at my house in Oxford Road; my house was the first house he lay in. He lay ill of an ague and fever for some months. - He was ill in July, August, and September, I am sure.

* This does not come to the time, for the fact was committed last July was two years.

Q. Was he ill of the ague and fever in Jun

Walker. He was sick of the ague and fever May, June, July, and some months more.

Q. Did he lodged in your house in May?

Walker. He lodged in May, June, July, and one or two months more.

Sarah Evans . I have known Bailey between two and three years.

Q. Did you know any thing of him about last May was two years?

Evans. He came from Portsmouth about that time. He had a wound (he had been at sea) and was very bad of an ague and fever for five or six months. - I believe he was of the ague and fever in May. - He was not able to undertake any enterprize of this nature.

Q. Do you believe him to be an honest man ?

Evans. I never heard any thing to the contrary since I have known him.

Catharine Goostry . The Prisoner was stabbed last April. I know nothing else.

Arthur Raven . I have known the Prisoner fourteen or fifteen years. I never knew any thing but that he was a civil man. He always behaved civilly to me. I have heard other people talk; but I am not to swear to that, you know.

Q. Do you know his general character?

Raven. I know what people have said, but I am not to condemn him myself. - It is about two years and an half since he came from Portsmouth and then he came with a stab in his side - He lodged in Oxford Road. I believe, in about a a week or a fortnight after he came to town, he fell ill of an ague and fever; and was ill, I believe, five or six months.

Q. Was he consined and uncapable of working?

Raven. He was not able to go to work. He was as people in that distemper are.

Q. Was he so all the six months?

Raven. I can't say I saw him all the six months. I saw him in May and June. Acquitted .

180. + Henry Cutler , of London, labourer , was indicted for stealing a piece of Portugal gold coin, value 18 s. and 19 guineas in money, two yards of sattin, value 3 s. and thirty pound weight of indigo, value 6 l. the property of Miles Dalton , in his dwelling-house , Nov. 13 .

Miles Dalton . On the 30th of October last I put 5 guineas and an 18 s. piece to some other money (about fifteen or sixteen guineas) in my bureau. I live in Little Bell-alley in Coleman-street , in a large garden, where there are two tenements. Henry Cutler lived with me at that time as a servant : he came to me about a month before: he lay in the kitchen just by the parlour where the money and goods were. I had no servant in the house but himself. When I came down in the morning about seven o'clock, I opened the parlour door, and the first thing that presented itself to me was the parlour window broke open and entirely taken away, and the bar was cut at the bottom. I was vastly surprized, turned to the bureau, saw that broke open, and all my papers ransacked and turned reply turvy. My man was then in the kitchen putting up his bed. I called out to him, Harry, I am robbed and ruined. Is it possible you can lie here, and know nothing of the affair? He made his excuse, quivered and shook. He said, he heard a little noise in the night, and got up, and a cat came and purred about him, and he went to bed again, and did not hear any thing of it. This pistol was loaded and primed, and lay upon the outside of the bureau. The thing was very artfully managed: there were marks of clay upon the bench, and the mark of a man's foot upon the lock.

Q. Not the mark of a man's foot upon the lock?

Dalton. There was some clay, not the mark of a man's foot entirely (as if he might put his toe there) the same mark upon a chair: there was a bundle of linen tied up in order to be taken away; there was a great deal of linen in the kitchen, which was untouched; this silver medal and this copper medil lay in the drawer where my money was untouched. In short, my Lord, there was no individual thing that I missed at that time, but the guineas and the Portugal piece. On the inside of the garden wall there is a support of brick work; those bricks were loose, which I suppose was done to favour the notion of somebody's coming over the wall: this was in the height of the street robbing, and I concluded it must be some of those creatures, and did believe somebody had broke into the house, and should have believed so till this day, if it had not been found out in a very odd manner. I went to the City Marshal, and did my endeavour to find out who the people were. I sent this very man (the Prisoner) he brought me several messages, and seemed most industrious to find out the rouges; and one favourable message that he brought me from the City Marshal was, that there was a scent of the rogues, and that twelve men were gone after them, and that they had set them in a wood, but they got from them. I spoke to Mr. Jones about this formal story, and he said he did not tell him so.

Q. Tell how this was discovered.

Dalton. The Prisoner continued with me very near five weeks after this, and asked to go into the country to see his friends. I gave him leave to go for three weeks, he did not return to his time, nor in nine weeks: in this interval one Mary Harris came to enquire for him at my house; I told her he was gone into the country, that he promised to return in such a time, but had not. She said he had told her a very great lie, for he had got her to buy three pound of tea for him, which he said he would pay her for the next day, and had sent her word he had his leg broke the day before. Her telling me that he had wronged her of three pound of tea, opened my eyes, and made me believe he was the person that did this, and then I made my enquiries. He said he was going to Sheffield in Yorkshire. I got a recommendation to a gentleman, and found he had been there: upon examination I missed half a chest of Florence wine, thirty pound weight of indigo, which stood in a cask in the parlour open. He stole as much sattin as made him a waistcoat, - two yards of sattin; mine was a yellow sattin, but he has got it died green (he had nothing but a frock when he came to me) he bought a new suit of clothes, a black coat, a pair of buckles, which cost 28 s. some china, which he sent into the country. Here is his box, it was by this box he was found out: the box is directed. To Henry Cutler , to be left at the Bell Inn in Wood street till called for. I saw it opened, and the waistcoat, which I believe to be my sattin, was in it - Mr. Jones stopped it, and ordered whoever came for it should be secured. On Tuesday sev'night at night one William Cord , a waterman at Greenwich, came for it. The Prisoner wrote me a letter about a fortnight before, and said he was coming to town, and would make me sufficient amends for staying so long. When he came to town, he was hankering about the house three days, and then sent a person to me. I secured the person, and he directed me where to go to the Prisoner. I sent a couple of men down to Greenwich, and had him taken there.

Henry Clapcot . This green sattin that this waistcoat is made of is of my dying, but I cannot swear the Prisoner brought it to me; it was yellow before: it is the same breadth and same selvidge as this bit of yellow, that Mr. Dalton has here. The latter end of November there was some indigo brought to me to be sold, and he has confessed since, that he was the person who sold me some indigo, but I cannot swear the Prisoner is the person, for I was sick in bed then. I gave 3. or 3 s 6 d. a pound for it - it was French indigo.

Prisoner. I have received several sums of money for my master, and never wronged him of any.

Dalton. He never received but one sum, that was 35 l. He brought it to me honestly. It was before this happened. I never suspected him before I found this out.

Jacob Stokes . Last Wednesday was sev'nnight Mr. Dalton's servant and I went down to Greenwich, (the Prisoner was in custody) and the Prisoner said, master, forgive me, and I will confess all. Mr. Dalton said I will have nothing to do with you, I will have you to London: we went to a house in Clement's Lane, and there he confessed he took a chest of Plorence wine out of his master's warehouse, and carried it to the Castle in Wood-street, and that it was directed, A. Cutler Sheffield . I asked him about the indigo; he said he sold seven pound of it to a dyer at the Angel in Holborn: he said there was a bit of sattin, that he stole. I asked him about the money, but that he absolutely denied: when he asked his master to forgive him, and he would confess all, Mr. Dalton said he could not do that, but he would use him with mercy and lenity.

Theophilus Boswell . I was sent for to the Red Lion in Clement's Lane by Mr. Dalton, Mr. Stokes told me the Prisoner had made a confession, and shewed me a paper with some particulars wrote down. I asked the Prisoner if he was guilty of taking all those things he had confessed. He said, Mr. Boswell, really I am, and then I set my name to it.

Mary Harris . The Prisoner once came to me, and asked me, if I could sell a little blue for him; I made him answer, go to the chandler's shops; he said it was for the dyer's use, and was between his young mistress and him. He came one night and pulled out some money to pay for something, and he said he had received twenty or thirty pounds from a relation abroad. Mrs. Dalton said she would not condemn him for the money, for he had received money for his master, and brought it home honestly.

Q. When did he receive the 25 l. for you?

Dalton. I cannot tell it I was to be taken and hanged.

Q. How long did he keep the money?

Dalton. Not an hour, for he was not gone above an hour.

Prisoner. I received other sums of money beside, that.

Dalton. I do not believe he ever received day other sum.

Prisoner. Did not I received fifteen or sixteen guineas of one Mr. Wetherall in Smithfield, a little before Lord Mayor's Day? I paid it you at the Bull Porters in Thames Street under the gateway.

Dalton. I cannot recollect any thing of it.

Prisoner. Here is a person can prove that I had this suit of clothes they charge me with before Lord Mayor's Day.

Thomas Cooper . I saw the Prisoner with these clothes on Lord Mayor's Day, or thereabouts.

Q. Do you mean before or after?

Cooper. I believe it was there or thereabouts; I do not know whether Lord Mayor's Day was on a Saturday or Monday, but to the best of my knowledge he was at my house with this suit of clothes on the Sunday, and told me he had them out of the country from his friends: they were much about this colour. Guilty 39 s .

+ He was also indicted for stealing twenty flasks of Florence wine, value 8 s. and a chest, value 4 d. the property of Miles Dalton , in his warehouse , October 26 .

Miles Dalton . The Prisoner has confessed that he sent this wine down in the country, and directed it, A. Cutler Sheffield - it was pricked wine; I had sold some chests at that price, so I charged no more. Guilty 4 s. 10 d .

[Transportation. See summary.]

181. + Robert Catherall * , was indicted for forging and counterfeiting a certain acceptance on a bill of exchange; which said bill of exchange is in the words, abbreviations of words, and figures following.

* He was tried in the mayoralty of Sir Robert Willimott , upon a capital indictment, and acquitted. See Sessions paper, numb. VI. part 2. fol: 218. trial 231. He was an evidence on the trial of Lydia Collet (who was transported in the mayoralty of Sir Robert Westley ) to prove that she was in another place at the time the fact which she was charged with was committed. See Sessions paper numb. III. pag. 78. trial 164.

' October 8th, 1744.

' Pay to Mr. Robert Catherall , or order, l. 21 ' thirty days after sight, and place it to the account ' of your most humble servant, THOMAS PIERCE .

' To Mr. Thomas Simpson , at the corner of ' Crutched friers bar, Tower-hill, London.'

And that he did willingly assist in forging and counterfeiting a certain paper writing, under the hand of Thomas Simpson ; which said last mentioned paper writing is as follows:

' Accepted, Oct. 13.

THOMAS SIMPSON .'

With an intent to defraud Thomas Simpson , of London, merchant; against the form of the statute, &c.

He was also charged with uttering and publishing the same, knowing it to be false, forged, and counterfeited, with an intent to defraud the said Thomas Simpson .

He was likewise charged with uttering and publishing the same, with an intent to defraud Sarah Giles , widow.

The indictment was also laid for forging the said bill of exchange, and for uttering and publishing the same, knowing it to be false, forged, and counterfeited, with an intent to defraud the said Sarah Giles .

This was laid to be done at the parish of St. Mary the Virgin in Aldermanbury, and after the 24 h of June, 1734, to wit, on the 16th of October, in the 18th year of his present Majesty's reign.

The Counsel for the Prosecutor having opened the indictment, proceeded to call their witnesses.

- Mulliner. I am servant to Mrs. Giles in Addle-street. I think it was on the 15th of October, the Prisoner came into the shop, and asked Mr. Giles [my mistress's son] if he sold nails. Mr. Giles told him, he did. He said, he wanted a parcel of nails, and if he would sell him as cheap as another, he would buy them of him. Mr. Giles asked him, what sort of nails he would have? I think he said, ten-peny nails. Mr. Giles asked him, whether they must be rose-headed nails, or clasp headed nails. He said, he could not tell; but they were to go into the country. Then I concluded they were to be rose-headed nails. He said there was a vessel lying ready for them. He pulled out a paper, whereon was wrote down what he wanted. He desired they might be looked out, and said, he would call for them in the morning. I told him, they would come to about 13 or 14 l. I went into the counting-house to Mr. Giles, and told him what the Prisoner said. Mr. Giles said to him, You are a stranger to me, and I shall expect the money. He said, he should have the money before the goods went away. Here is a note, said he, on one Mr. Simpson on Tower-hill. I looked on the bill, and there was not the name of any town upon it. Says I, Where had you this bill? He said, he had it from Yarmouth in Dorsetshire; and that he had done work, as a carpenter, for this Mr. Pierce, near Yarmouth Mr. Giles said, he would take the bill, and send it to Mr. Simpson's. The Prisoner said, he would go with him himself. Mr. Giles said, he was busy then, and could not go. There were some brads in the order: I asked him, what sort. He could not tell, but I should know in the morning. I went to Mr. Simpson's, and shewed the bill to one of his clerks, and asked, if it was a good bill. He looked upon it two or three minutes, and said, it was not a good bill: Mr. Simpson looked upon it, and said the same. I told him how I came by it. He said, he should be glad to have the person who brought it apprehended. I told him, he was to come in the morning. I went home, and acquainted Mr. Giles with it, and went afterwards to Mr. Simpson's, to desire he would send his clerk to be there, for we did not care to apprehend him ourselves. Mr. Simpson accordingly sent his man to our house, and when the Prisoner came, we sent for a constable, and secured him. [The bill was produced and read.]

Prisoner. There happened to be two Thomas Simpsons , which I did not know of; the bill was a very good bill to me.

Counsel. Do you know two Thomas Simpsons .

Mulliner. I know only one Thomas Simpson , and he lives at Crutched Friers Bar.

Prisoner. He lives opposite to the other Thomas Simpson .

Mr. Thomas Simpson , merchant. I live at the corner of Crutched Friers Bar on Tower Hill.

Counsel. Is this your hand-writing?

Thomas Simpson . It is not; Mr. Giles's young man brought it to me, and said he took it in payment; I said he should stopt it till I could have a better account of it; he said he believed he should see the person in the morning, and I desired they would secure him. The Prisoner the next morning before the Justice said he had it from Yarmouth in Dorsetshire, of one Thomas Pierce . I asked, whether he was a farmer, or what. He said he was a farmer or a hop-merchant. I asked him, which way he came; he said, by sea. I asked him, how long he had been in town; he said, a fortnight. The bill being dated the 8th of October, I thought this very inconsistent. This is the bill. It is drawn by Thomas Pierce on Thomas Simpson ; I did not accept this bill. The Prisoner was not committed by Sir John Thompson that day, but was continued in custody. I went to one Mr. Dobson, the landlord of that house, and asked him who had taken it; Mr. Dobson said one Thomas Pierce had taken it, and Mr. Dobson shewed me the schedule of the things in the name of Thomas Pierce , but before quarter day every person was gone out of the house. This Simpson, who lived opposite to me, said he was a cyder merchant, but I question whether there was any Thomas Simpson lived there, for I believe the person's name was Pierce.

Prisoner. I cannot be guilty of this, for I cannot write.

Mulliner. Though he says he cannot write, he offered to indorse the bill.

Prisoner. Thomas Pierce paid me the note for money lent him: he was a pastry cook in Newgate Street.

John Amler . I know there were two Thomas Simpsons , one Thomas Simpson lived at the corner of Crouched Priers, and I know his handwriting, because he was an excise officer with me. I know Pierce's hand-writing too, but I do not know any thing of his affairs, either of the drawing the bill, or anything. The body of the note is neither Pierce's nor Simpson's hand writing: the acceptance is Simpson's hand-writing. This Thomas Simpson lived in the corner house on the right hand, and the other gentleman lives on the left hand. Acquitted .

The Counsel for the Prosecutor moved the Court, that the Prisoner might be continued in custody, that he might be indicted for perjury, in a cause which was lately tried in the Court of Admiralty; and he was ordered to be continned.

182. + Edward Bryant , of St. James's Westminster , was indicted for stealing a silver tankard, value 7 l. the property of Hugh Griffith , in his dwelling-house , October 29 .

Hugh Griffith . I live at the Bear by the New Bridge at Westminster . Last Lord Mayor's Day was twelve months I lost a silver tankard, one Mr. Ambleford was drinking in my house up one pair of stairs, and had a silver tankard carried up to him. The Prisoner at the bar had spread a report about the parish, that he had received the tankard into his panniers [he goes about with an ass and panniers, and sells things.] Mr. Ambleford the other witness, who was a very honest gentleman, was put into despair about this, and about two or three weeks ago cut his throat.

Edward Bagley . I had a warrant to take up the Prisoner. On the 31st of January last he was going with his ass and panniers; sad I, Mr. Bryant, you must go along with me upon the account of the silver tankard; he said he would go with me.

Q. What did he say about the tankard?

Bagley. He said he had the tankard, but that he did not steal it; and before Sir Thomas De Veil he said he did not know who put it into his panniers. Sir Thomas asked him, whether he did not say that he knew who put it into the panniers; then he said he was with his ass and panniers, and that he did receive the tankard out of Mr. Griffith's house from a person he knew very well, whom he had known three years. Said I, if you have known the person three years, cannot you tell who it was? then he said it was one Crisp a turner in the Broad Way (who is a man of as good a character as any in that parish.) Mr. Crisp went voluntarily to Sir Thomas De Veil 's, and then the Prisoner asked Mr. Crisp's pardon, and said he was not the man he had the tankard from.

- Tubb. I heard the Prisoner say he received the tankard: that a person brought the tankard out of the house, and he received it into his panniers at a proper place, and in Channel Row he let the man take the tankard out again, but he would not tell who the man was: Now, says he, what will you do? He said it was above a twelve-month ago, and he thought we could not do any thing to him, or he would not have spoke any thing of it. Acquitted .

183. Elizabeth Puller , was indicted for stealing two shirts, value 10 s. two shifts, value 10 s. four caps, value 5 s. a petticoat, value 3 s. two aprons, value 2 s. two handkerchiefs, value 2 s. a pair of stays, value 16 s. and a bed coverlid, val. 2 s. the goods of John Bullen , January 19 .

John Bullen . I live in the Minories ; the Prisoner is my wife's sister ; my wife and I went out and left her a cleaning the lower room; when we came back the door was locked up, she was gone, and had taken the things with her. I found her about a month afterwards at one Mrs. Paradice's in French Alley Spittlefields - She sells old clothes. I got a search warrant, but found nothing there: the Prisoner confessed afterwards that she took every thing except the stays. Guilty 10 d .

[Transportation. See summary.]

184. Ann Plampin , was indicted for stealing fourteen pound weight of tobacco, value 4 s. the goods of persons unknown, February 14 .

John Sturgeon . I met the Prisoner in Water Lane by the Custom-house; she had something in her apron; I asked her what she had got there; she said, go look, with that I rummaged her, and found it to be tobacco, which I carried to his Majesty's warehouse. The next day she came to me again, and desired me to give her her apron; I told her I could not do that, it was not in my power. I acquainted Mr. Clack the Keys Constable with it, and she was taken up.

Prisoner. I was going along when he spoke to me, and thought he was upon his game: he cut my apron off my sides.

Sturgeon. I pulled it off with my hand.

William Clack . Mr. Sturgeon brought the Prisoner to me, and asked me if I knew her. I said I knew something of her face, but did not know that she ever stole any thing. I took her to be a dealer, one that buys from them that steal. She told the sitting Alderman she would be hanged before she would confess. I believe she deals in uncustomed tobacco. Acquitted .

185. Isaac Kilburn was indicted for stealing four ounces and thirteen peny weight of silver thread, value 30 s. the goods of John Fletcher , Feb. 16 . Acquitted .

186. Thomas Kirk , of Hornsey , was indicted for stealing a cloth coat, value 2 s. the goods of Jonas Brown , Jan. 22 .

Jonas Brown . I was going along with a load of hay, and pulled off my great coat to hand some out, and laid it under my horse; the Prisoner took my coat off the horse, and run away with it, and was taken in Hornsey-lane with the coat in his apron. Guilty 10 d .

He was also indicted for stealing a woollen saddle-cloth, value 2 s. the property of John Nottingham , Esq; in the parish of Fryern, otherwise Freern Barnet , Jan. 22 .

He was a third time indicted for stealing, in the said parish, a two pound leaden weight, a one pound ditto, a half pound ditto, and a quarter of a pound ditto , the property of William Whiston , Jan. 22 .

He was not tried upon these indictments.

[Transportation. See summary.]

187. Elizabeth Huet was indicted for stealing a white cloth cloak, value 10 s. two shirts, value 12 d. a necklace, value 4 s. two caps, value 4 s. a napkin, value 12 d. and a pair of stockings, value 12 d. the goods of William Potter ; a silver teaspoon, value 18 d. two aprons, value 2 s. a pair of stockings, &c. the goods of Hannah Fowler , Dec. 12. Acquitted .

188. Joseph Sibley , of Stanmore Magn a, was indicted for stealing three hogs, value 4 l. the property of John Snockswell , Feb. 6 . Acquitted .

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

Received Sentence of Death, 2.

James Stansbury 172

William Joyce 178

Transportation for 7 years. 15.

Elizabeth Brown 163

Henry Cutler 180

Mary Davis 168

Elizabeth Faiser 175

John Farrow 166

James How 165

Thomas Kirk 186

Jane Linsley 164

William Long 170

Samuel Poulton 176

Elizabeth Puller 183

Andrew Robinson 173

John Smith 167

Elizabeth Tibbet 161

William Wichin 169

Whipt, 1.

William Owen 171