Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 July 2014), April 1745 (17450424).

Old Bailey Proceedings, 24th April 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 24th, THURSDAY the 25th, FRIDAY the 26th, and SATURDAY the 27th of April.

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

BEING THE Fourth SESSIONS in the MAYORALTY of the Right Honble Henry Marshall , Esq;

LORD-MAYOR of the CITY of LONDON.

NUMBER IV.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1745.

[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, the Right Honourable the Lord Chief Justice LEE, Mr. Baron REYNOLDS , Sir SIMON URLIN , Knt. Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

George Whywall ,

Robert Tredgett ,

Henry Cooper ,

William James ,

Peter Lathwaite ,

Benjamin Hawkins ,

Richard Seaton ,

Duncan Campbell ,

Samuel Smith ,

Henry Strangeways ,

Abraham Chitty ,

Richard Collins .

Middlesex Jury.

Henry Woolley ,

William Harwood ,

George Dorman ,

John Davis ,

Martin Bullmore ,

George Fettyplace ,

John Newman ,

Charles Church ,

Jonathan Price ,

Edward Wilson ,

William Cosh ,

Henry Hayman .

189. Philip Launder ,* St. Martins in the Fields , was indicted for stealing a silver spoon, value 10 s. the property of Thomas Kirby , Esq ; March 17th .

* A black.

Charity Young. I am servant to Mr. Kirby , I used the spoon the 17th of March at 2 o'clock in the afternoon, I looked for it at 9 o'clock at night, and it was gone. I suspected it was taken away by a black man who came accidentally that day, and dined with a fellow servant of mine.

Stephen Quillet . Philip Launder came to me the 18th of March last, and brought a silver spoon to sell. I asked him how he came by it; he said his master gave it to him: said I, you have a very good master, what is your master's name, he said, Colonel Sparkes : I asked him where he lived, he said by Red Lion Square in Holborn. I sent a person to enquire, and he told me there was no such person lived there: I said, friend you have certainly stole this spoon, so I took him into custody, and then he owned he stole it from Esq; Kirby's; it was broke then as it is now.

- a Black. I am servant to Mr. Kirby, I have known the prisoner 20 years, he came over from Antegoa at the same time as I came over with my master; I asked him to dine with me, and it is a very hard thing if a man asks a person to eat a bit of victuals, that he must steal a silver spoon. I had a great deal of anger about it, for I have all my master's plate under my care. Guilty .

[Transportation. See summary.]

190. Hannah Rosse . + of St. James's Westminster , was indicted for stealing 5 linen handkerchiefs, value 7 s. the goods of Robert Riggs , April 4th .

+ She was convicted last December sessions for stealing a shift, and ordered to be whipt , No 1. page 7, Trial 22.

Robert Riggs . The prisoner came to my door with a pretended pass, and spoke in such a manner that I could hardly understand her, and at that time I lost these handkerchiefs.

Ann Ellingsworth . The prisoner came to Mr. Rigg's in Pall Mall , produced a pass, and asked for charity, but they refused it; I saw her take the handkerchiefs off the shopboard, she held her apron up to screen her from being seen, and swept them into her apron. - I happened to be on the other side of the way, and saw her do it. I took hold of her, and asked her where the handkerchiefs were that she took off the shopboard. She spoke as if she could not speak, and seemed a sort of a dumb [the prisoner had seemingly an impediment in her speech] I took the handkerchiefs from her and delivered them to Mr. Riggs.

Prisoner. The wind was very high that day and had blown them down upon the ground, and I took them off the ground. Guilty .

[Transportation. See summary.]

191. + John Laws , was indicted for stealing a handkerchief, value 14 d. the goods of Robert Blake , privately from his person , March 2d .

Thomas Short . I was standing at Mr. Master's door (Mr. Wallis in the Poultry ) and saw Mr. Blake and another gentleman going along; who should follow them but the prisoner and his partner, (for he had another with him) they walked backward and forward five or six times, which made me think they were upon no good design, and I saw the prisoner put his hand into Mr. Blake's pocket, draw out a handkerchief, and put it under his coat. I took hold of the prisoner, called to Mr. Blake, and said, Sir, your pocket is picked; he turned round to the prisoner, who had the handkerchief in his hand, and said, that is my handkerchief.

Robert Blake . Mr. Short brought the prisoner up to me, and told me my pocket was picked. The prisoner had my handkerchief in his hand under the breast of his coat, and I knew it to be my handkerchief. - To the best of my opinion it is my handkerchief.

Prisoner. You said before the Alderman, you would not swear to the handkerchief.

Blake. I swore as I do now to the best of my opinion. Guilty 10 d.

[Transportation. See summary.]

192. Jacob Faulcon , was indicted for stealing a carpet, value 40 s. the goods of Benjamin Mendez De Costa , March 28th .

Lyon Solomon . I am servant to Mr. De Costa in Jefferies Square . I had been beating a carpet, and had laid it upon the stairs; Leah Cohen told me, she saw Jacob Faulcon go along with a carpet; this is my master's carpet.

Leah Cohen . I saw Jacob Solomon beating a carpet, and saw the Prisoner come out of the Square with a carpet upon his shoulders - I don't know where he had it.

Valentine Caton . I live by the Black Dog in Shoreditch. On Thursday the 28th of March in the afternoon, the Prisoner went along Shoreditch with a carpet; I asked him if he would sell it, he said yes; I asked him what he would have for it, he asked something over twenty shillings, and I gave him half a guinea for this carpet: he said, he had it from a gentleman who was breaking up house and going to Holland. I went into Duke's Place, and shewed it to one of those people, and he said it was stole from a gentleman in such a place . Guilty .

[Transportation. See summary.]

193. Peter Chapman , of St. George the Martyr , was indicted for stealing a silver tankard , value 5 l. the goods of Jane Burgess , March 14th .

Jane Burgess . I lost a silver tankard the 13th of March, and on the 14th it was brought to my house . I don't know that the Prisoner took it.

Mr. Sellon . I keep a goldsmith's shop in the Borough of Southwark. On the 14th of March last, the Prisoner came to buy a pair of silver buckles , and asked me, if I would take silver in exchange , and pulled out this piece of a tankard [ The body of the tankard was produced without lid or bottom. ] This appearing so very suspicious, I asked him his name, where he lived, and how he came by it ; he said, he bought it of a man for two guinea and an half. I sent for a constable, and carried him before Justice Lacey, who committed him for further examination, because he would not confess any thing: but when he was in goal, he sent to his brother and he brought Mrs. Burgess, and she owned the tankard.

Jane Burgess . I am sure this is my tankard .

Edward Wheatly (constable.) I carried the Prisoner before Justice Lacey, the Prisoner directed me to his brother, who lived in Queen's Square; I found him out, to the fellow's great surprise, when I told him my business. He carried me to Mrs. Burgess's at the Brown Beer in Devonshire-street . I was saying there, that I had taken a person who had stole a silver tankard; she said, she had lost one. I saw a tankard there wrote round the bottom as this is: when I came back, I searched the Prisoner, and found in his pocket the bottom of a tankard wrapped up in his handkerchief, which appeared to be cut out. I asked him whether he cut it out himself; he said yes, and that he cut it out of this tankard , and he said he took it out of Mrs. Burgess's house, where he lodged.

Justice Lacey's clerk proved that he took the prisoner's information in writing, and that he signed it voluntarily.

The confession was read, where in he says, that he did feloniously take out of the house of Mrs. Burgess a quart silver tankard, and offered it to sale to Messrs . William Wright and Humphry Sellon silversmiths in the Borough of Southwark.

Prisoner. I was in liquor when I signed it.

Mr. Sellon . I believe he rather wanted a little liquor, than that he had too much of it, for he seemed to be very sober. Guilty .

[Transportation. See summary.]

194. + Edward Ryan , was indicted for stealing a silver tankard, value 6 l. the property of Dorothy Udall , in her dwelling * house , March 25.

The * offence of Peter Chapman , in the preceding trial would have been capital, if the indictment had been laid for stealing in the dwelling house.

Dorothy Udall . I keep a publick house at the Crooked Billet by the Hermitage-stairs . This tankard was taken out of my house between eleven at night and one in the morning; - I know this only by information, for I am a lame woman, and am never out of bed.

Richard Udall . Just after the brewers had done starting beer, about twelve o'clock at night, I brought two tankards of beer to them, and left two silver tankards with them.

Q. Is the prisoner one of the brewers?

Udall. No, he followed them under a pretence.

Q. How many were there of the brewer's servants ?

Udall. There were twelve of them.

Mary Catliff . I am servant to Mrs. Udall. On the 5th of March, after the brewers were gone, I went to the box where the prisoner sat, to take away one of the silver tankards, which were brought to the brewers. - The prisoner had one before him.

Q. Did you see the prisoner there at that time?

Catliff . It was just such a ragged man, he would not let me see his face. I took the tankard that he had before him, to put upon the fire, to warm some beer for my mistress; and he said, that is my beer; I made answer, do you belong to the brewers, and he said yes: then I went away and left the tankard with the prisoner.

Joseph Wonnell . On the 6th of March about 9 or 10 o'clock at night, the prisoner came into Mrs. Ashfield's, where he lodged, took a tankard from under his coat, and desired her to put it up, and said, I beg of you not to let any body see it; and he said, I desire you would not let Mr. Wonnell know any thing of it, but bury it under ground, and you shall have it for three or four pounds, and I will eat and drink it out.

Q. What is the prisoner?

Wonnell. He is a lumper of ships , - it is called so in a vulgar way, but it is unlivering of ships. I said the next morning to his landlady, it was wrong in you not to stop the tankard, and the prisoner. The prisoner was secured, he took up a fork, and attempted to push it at the Justice, and he would have murdered him, I believe, if he had not been prevented.

Prisoner. Did you ever see me deliver the tankard to Mrs. Ashfield ?

Wonnell . I saw you deliver it to her, and I would not tell a lye.

Ann Ashfield . The prisoner delivered the tankard to me.

Q. Did he lodge at your house then?

Ashfield. He did a little before.

Q. How long have you known him?

Ashfield . I have known him about a year off and on. When he came in, he said, I have got something for you (I thought he was going to pay me some money that he owned me) said I, this is place, Ned; and I said I would not meddle with it. He left it with me, I was afraid it was stolen; and sell a trembling and shaking. Said I to Mr. Wonnell, do you take it, for I know nothing of thieving, I never had any concern with stolen goods in my life.

Q. What did you say when he brought it?

Ashfield. I said I would have nothing to do with it. He put it into my hand, and said, I should have it for three pounds. I said again I would have nothing to do with it; but he left it with me.

Q. Did he say any thing about your not shewing it to any body?

Ashfield. Yes, he said I must not shew it to any body. I kept it in the room where I lay till morning, and then I asked him how he came by it; he told me he found it. I advised him to have it cried, but he did not do it.

Alexander Farer (a waterman.) I was at Mrs. Udall's about twelve o'clock that night, the prisoner was there, and lay with his head upon the table. The maid came and took hold of the tankard to put it upon the fire; he said, that is my beer ; the maid said, do you belong to the brewers; he said, yes, and I saw him lay his hand upon the tankard. Then I was called away to go with a fare, and saw no more.

John Udall . The Justice came to Mrs. Ashfield's house, and the prisoner struggled with me and collared me in the presence of the Justice, and I was almost strangled . He took hold of these tormenters. [A flesh fork, used in taking meat out of a pot, was produced] The prisoner jobbed this at the Justice's throat, and if he had happened to have hit him with it, it would have killed him. Then we overpowered him, and he said if the Justice would let him sit down, he would not oppose him any more.

Prisoner. I was going down to the water side to work, and found this tankard by the side of some sugar hogsheads. I saw the handle of a tankard, so I took it and buried it in a dunghill; and the next day I went to my landlady Mrs. Ashfield , and told her I had found a silver tankard; said I, shall I cry it or keep it. She said, what occasion have you to cry it, as you found it, keep it . And then I went and fetched it out of the dunghill, gave it to my landlady, and she put it under her bed.

Q. (To Ashfield ) Did you advise him to cry it, or did you advise him not to cry it?

Ashfield. I advised him to cry it.

Prisoner. I have never a friend in the world but God and your honour: there is never an one in the court can give me an ill word.

Ashfield. The Justice asked him where he found it, and the prisoner said he would not tell him. Guilty Death .

[Death. See summary.]

195. Mary Exton , was indicted for stealing a shirt, value 4 s. the property of William Sawkill , March 10 . Guilty 10 d.

[Whipping. See summary.]

196. Magdalen Swawbrook, * otherwise Beakley , otherwise Pingo , was indicted for stealing a silver tip of a mug, value 6 s. the property of Richard Vaughan , March 15 .

* She was tried in Sep. Sessions in the Mayoralty of George Heathcote , Esq; for breaking and entering the dwelling house of Charles Pearce (her own father) and stealing a guinea and an half, and five shillings, and Acquitted pag. 29. trial 78.

Richard Vaughan . I keep an ale house in King Street, Westminster , and used to serve Mr. Pingo, an opposite neighbour. He sent for some beer, and not having a pot at hand, I sent a mug tipped with silver. I said to the prisoner (she lived in that house with Mr. Pingo) you have got my mug; she said, she had it not. I said, if she would let me know where it was, I would go and fetch it; and she said, she knew nothing of it.

Q. Who was the mug delivered to?

Vaughan. I think it was delivered to one Bailey.

Elizabeth Bailey . I went for the drink. The prisoner lived in the house where the drink was sent to. She was as mistress of the house. The mug was tipped with silver; and it was broke off and sold. She confessed it before the Justice.

Prisoner. My son-in-law said, that if he could transport me, it would be the only way to separate me and his father.

Philip Jones . On the 15th of March I went to Mr. Pingo's , and sent for some beer; and it was brought in a mug tipped with silver. She told me that the child had taken the silver off the mug, and wanted me to melt it, as I was a jeweller . She afterwards confessed she took it off the mug. Guilty .

[Transportation. See summary.]

197. + Robert Crane . otherwise Graham , of St. Mary Le Bone , was indicted for 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 shag breeches, value 10 s. calimanco petticoat, value 20 s. the goods of Henry Thompson , in his dwelling house , Sept. 19th .

Henry Thompson . My house was broke open the 19th of September last, and I lost the things mentioned in the indictment. Joseph Uptebake sent for me to New Prison, and informed me who did it.

Joseph Uptebake . + On the 19th of Sept. Leekey, Robinson and I went out to rob; and we met with the prisoner.

+ He was evidence in December Sessions against James Leekey , and William Robinson , who were convicted for the same robbery, and executed. See Sessions paper, No 1. of this Mayorality page 5, Trials 13 and 14.

Q. Had you been concerned with him before?

Uptebake . Only in selling brass rings, no farther. When we met him, we desired him to take a walk with us.

Q. Did he know what you were going upon?

Uptebake . I don't know that he did. As we came by Mr. Thompson's house (just by Oxford Chapel) we saw the door upon a jar; Leekey went in first , and Robinson followed him in, with a candle he had in a dark lanthorn.

Q. What time was this?

Uptebake. Between 8 and 9 at night Leekey came out with a bundle of wearing apparel up to his chin, and he let them tumble in the street. Leekey made use of some bitter imprecations; and made Graham [the prisoner] take them up in his apron: and we carried them to one Elizabeth Cane [she is now under sentence of transportation, for receiving these goods knowing them to be stole] In the mean time news was brought to Graham that his wife was in labour; and he went away while Leekey, Robinson and I sold the things.

Q. How did you divide the money?

Uptebake. Between Leekey, Robinson and I.

Q. Had the prisoner any part of the money?

Uptebake. I believe not; I believe he had a pair of silver shoe buckles and knee buckles, that Leekey concealed. I know Leekey and he had some difference about them (we did not know that Leekey had concealed them, till we saw the advertisement ) and they were going to fight about them, at Mr. Bradbury's, the Black Horse in Church Lane St. Giles's; Graham said to Leekey had cheated him in pawning the shoe buckles and knee buckles; and Leekey said , that then he was even with him, for Graham had cheated him of money, in selling brass rings for gold ones, in not giving him so much of the money as belonged to him.

Q. How far was Graham off when the house was robbed ?

Uptebake . I believe he was twice as far as the length of this court.

Q. How came he to be so far off?

Uptebake. I believe he did not know what * enterprise we were going out upon.

* Uptebake in the information he made before justice Poulson differs very much from what he swars now: for there he says, they agreed to go out together, and met for that purpose, and that the prisoner had part of the goods, and part of the money, which amounted to three or four pounds a piece.

Q. Then how could he expect any part of the buckles?

Uptebake . I am convinced in my mind, he had only a part of them.

Prisoner. Had you any design to put me into your information, till you was desired to do it by the high constable ?

Uptebake . I did not know there was any occasion to do it upon such trifling affairs, because, I believe he did not know at first what we were going about; afterwards I was informed that the prisoner was the principal instrument of my being taken up, then I put him into my information - He never committed any other robbery with me but this. Guilty 4 s. 10 d.

[Transportation. See summary.]

198 + Elizabeth Salmon , of St. Mary le Strand , was indicted for stealing an enamelled gold ring, with a chrystal stone set therein, val. 15 s. the property of William Bowen , privately from his person , April 6th .

William Bowen . On the 16th of April, between two and three in the morning, (I was a little flushed with liquor,) I went into a night cellar in the Strand , opposite to Somerset-gate , and asked for a pint of beer; the persons who belonged to the cellar said, they did not sell any beer. The prisoner was there (I was not so much gone, but I knew very well what I did) I not being used to be out so late, and not used to drinking, fell asleep; and my hat dropped off: I waked between four and five in the morning, and missing my ring, I charged Elizabeth Salmon , the prisoner at the bar, with it, she was in a very ragged condition, she did not use me with any ill language.

Q. What did you say to her?

Bowen. I said I was robbed of my ring; she said, there is no body here that will hurt you; she told me my hat sell off my head, and she had taken it up, and put it into the closet; I said, I believe you have my ring; she said, she knew nothing of it. There was a drummer there, (not in soldiers clothes, but in a drummer's habit) and he said, he believed no body there would take away my ring. Finding I was in a bad house, I was not willing to make a noise, but went away; I went into the Butcher Row by Temple Bar, and staid till between eight and nine, then I went to the cellar again , there was one Sarah Holiday there (she was here a little while ago) then I went as far as Catharine street in the Strand (I had white stockings on, and they were very dirty) I returned again to the cellar, there was a young man with me, but I did not think there was any occasion for him, and so I did not bring him. I cannot but say the prisoner was very impertinent in her way; I will say nothing but what is true, did not I offer you what was very fair, did not I offer to give you a crown? I said, if the ring was pawned, I would give her a crown, besides what the ring is pawned for, and she d - n'd her poor eyes, and said she knew nothing of the ring.

Q. Have you any body that saw the prisoner take the ring from you?

Bowen. Yes, here are two witnesses.

James Carter . I came down into this night cellar about five o'clock in the morning, and saw the prisoner take the ring off his finger, as he sat sleeping with his head upon his hand.

Q. Why did you not acquaint him with it?

James Carter . I did not know but she might be in company with him, so I did not say any thing; I had half a quartern of gin, and went away about my business.

Q. What did she do with it?

Carter. She put it into her bosom: What she did with it afterwards I cannot tell.

Q. Do you know nothing what became of it afterwards?

Carter. There was a ring sold afterwards by her directions for a crown. I cannot tell whether it was this gentleman's ring.

Sarah Mills . The prisoner took this gentleman's ring off his finger , and gave it to the drummer that was there to sell . The drummer stood before her, while she took it off his finger.

Carter . The person she gave the ring to sold it to his mother-in-law (but she is not to be found) his name is Tyler Acquitted .

199, 200. Hannah Booth , and Dorothy Buckles , of St. Andrews Holburn , were indicted for stealing a handkerchief, made of long lawn, value 2 s. the goods of Elizabeth Griffiths , April 1 .

Elizabeth Griffiths . I was setting in my shop about eight in the evening : Dorothy Buckles came in and asked if I sold handkerchiefs. I said , I believed I had none at her price, and bid her not tumble the goods. Then Booth came in, and repeated the words, don't tumble the gentlewoman's goods. She bid me a shilling for a handkerchief, and I bid her go about her business: then Dorothy Buckles tore a handkerchief off a line in the shop window; and they both run away. I called out to some people to stop them, and they were taken.

John Swan . I was standing at my master's door (a bookseller at Gray's Inn gate , in Holburn ) and heard Mrs. Griffiths cry out she was robbed. I saw the two prisoners run as hard as they could. I took hold of Buckles, and desired a young gentleman to hold her while I went after the other; and I took her: they said they had no money. Buckles owned they went out with an intent to steal. Booth said she was in the shop. Both Guilty .

[Transportation. See summary.]

201. Thomas Riley , of Wilsden was indicted for stealing 7 hens, value 7 s. one cock, price 1 s. and 4 ducks, price 4 s. the goods of Isaiah Smith , March 4 .

Isaiah Smith . I live on Wilsden green . I was called up by these two neighbours, on the 4th of March at twelve o'clock at night, and they had got the prisoner lying upon his back in the yard. There were seven hens killed, one cock, and four ducks; they were lying in a bag a little way from the road. The prisoner said he would have killed them all, if he had not been disturbed; he said there was another with him, and owned he held the bag while the fowls were killing.

William Burr . My wife saw two men go by, and each of them had a bag; she told me of it: I got up and followed them with a gun. I called my neighbour Paulin up to go with me. I saw the prisoner and another man come out of Mr. Smith's hen-house. I took hold of the prisoner with one hand, and had my gun in the other. He pulled at it several times, but could not get it out of my hand. One got away, and I threw the prisoner upon his back in the snow. He is a lamp lighter; he said he was trimming of lamps at eight o'clock that night in Smithfield .

John Paulin . William Burr called me up, and said there were 2 men gone by with empty bag I saw the prisoner come out of Mr. Smith's hen-house, and there were 7 hens, 4 ducks, and a cock killed. Guilty .

[Transportation. See summary.]

202. Henry White . of St. Brides , was indicted for stealing 19 yards of printed cotton, value 30 s. and 7 yards of printed linen, value 10 s , the property of Margaret Goddard , April 13 . And

203. Sarah Soames , for receiving the same, knowing them to be stolen .

Margaret Goddard sworn. [Mrs Goddard being a French woman, and not understanding English, an interpreter was sworn, and delivered her evidence as follows,] The saturday before Easter , she was in her shop by the 7 dials ; a man and a woman came in and asked for some printed linen, and she shewed them 2 pieces. Then they asked for something else, that the woman had thrown something down upon the ground, and while she stooped to take it up they both run away with these two pieces of goods. [She being very ancient was ordered to go to the bar to see if she knew the prisoners] She said the prisoner White was the man who came into her shop under pretence of buying something, and run away with these goods: but as to the woman [Soames] she could not be positive.

Sarah Bibby . [a girl about 13] I saw these two pieces of printed linen brought into a house in Shoe Lane, by Sarah Soames in a round about apron, last saturday was sevennight.

Q. How do you know those are the pieces?

Bibby. I know them from an hundred pieces.

Q. Whose house were they brought into?

Bibby. Into Harry White 's, and Elizabeth Howell 's. They kept a house in Shoe Lane near Holburn , but she is got off. Soames would not let me see her measure them; but as she was measuring them a constable came in; he asked her whose they were, she said, they were her own property, and she had bought them, and paid for them. White wanted me and Jack Price *, otherwise Cobler, to go out with them, but my heart misgave me, and I would not go: and White said, he would have something by fair means or by foul, and he said, if I would not go with him, he would get somebody to swear my life away.

* A boy about 12 or 13 years of age, who was indicted this Session for stealing some razors, &c. in a shop in Smithfield, and ordered for transportation.

Q. What business does White follow?

Bibby. Thieving, and he harbours thieves; and takes children away from their friends; he took me away from my mother. I had lived with him about a fortnight before this happened - I had lived with Howell before.

Charles Shuckburgh . Last Saturday was seven-night, Mr. Seawell had an information that he had lost some goods, and got a search warrant; we went to Harry White 's house, Mr. Seawell did not find any of his goods, but found these linens; he asked Soames who they belonged to, and she said, they are my property.

Mr. Seawell. I was informed I had lost some goods, and got a search warrant. I searched White's house, and I could not find any of my own goods, but I found these linens in Soames's custody and took them from her. I advertised them in the papers, and found out the proprietor.

Q. to Mrs. Goddard. Who took the linens out of the shop, the man or the woman?

Goddard. The man.

Ann Hams . I live upon little Saffron hill, and have lived there 35 years - I am a market-woman, I sell cucumbers or potatoes, or any thing that is in season.

Bibby. She is mother-in-law to this Elizabeth Howell , who is not taken, she harbours nothing but thieves.

Hams. I have known White three or four years, by his buying something of me now and then; I never saw any thing, but that he was a civil man.

Q. What was White?

Hams. He was a Carman at St. Margaret's hill, when I was a dust woman in the city.

Q. Are you acquainted with Bibby?

Hams. She has been trained up to it from her cradle.

Q. What has she been trained up to?

Hams. To swearing and cursing, and evil-doings, vile doings; I believe she knows no ill of me.

Mary Temple . I have known Bibby bring things into Howell's house, and she has turned her out, White never lay a night in Howell's house; he used to go in sometimes for a halfpenny dram

Q. Where do you live?

Temple . Upon little Saffron hill.

Q. Do you live with Hams?

Temple . No.

Bibby. Yes she does, there are three or four of them live together.

Temple. I was servant to Elizabeth Howell .

Q. Did you live with Hams?

Temple. I was a lodger there, I lodged there three or four years.

Martha Burroughs . I have known White three or four years, I knew him when I worked in a dust cart in Thames street, and know him to be an honest man.

Bibby. This woman lives up one pair of stairs in Howell's house.

Temple. 'Tis two pair of stairs, my dear, don't mistake. Both Guilty .

[Transportation. See summary.]

204. + Samuel Keep of Enfield , was indicted for stealing 11 weather sheep, price 5 l. and one ram, price 10 s. the goods of Ann Carter , March 10th .

205. William Kingsland , for receiving the same knowing them to be stolen .

Christopher Woodham . On the 10th of March, Mrs. Carter lost thirteen weather sheep, and a ram, out of a field in the Parish of Enfield ; we heard they were brought to town, and several of the skins sold in the Borough of Southwark ; but the marks were quite out of the skins, that I could not swear to them; they took away fifteen sheep, but one was dropped in the road, and that gave us a suspicion they were drove to London.

Mr. Pickett. The widow Carter lost 14 sheep the 10th of March; we were informed where the skins were, and went in search after them; we found three or four which we thought to be them, in the possession of one John Robinson in Barnaby street.

Q. Did you know them to be the skins of those sheep Mrs. Carter lost?

Pickett. They were very badly marked, but according to the best of our opinion they are them; they have a mark, but it is so blind that I could not be positive to the letters.

Philip Brownscomb . I bought the sheep of S amuel Keep the 11th of March, there were 13 weathers and a ram.

Q. Did you know Keep?

Brownscomb. I never saw him before that time in my life.

Q. Are you a butcher?

Brownscomb . Yes - I carry on business for my self.

Q. Was any body with Keep when you bought them?

Brownscomb . Yes, they that killed the goods; Stone and Scals.

Q. How came you to buy so many sheep of a man you never saw before?

Brownscomb. Some people said he was a very honest man, and a farmer.

Q. Were the skins taken off when you bought them?

Brownscomb. Yes, and I gave a market price for them.

Q. What did you give?

Brownscomb. I gave 17 d. a stone, I paid him 5 l. 16 s. 6 d. for them.

Q. Where did you buy them?

Brownscomb. At the White Hart in Cable street by Rag-Fair.

Q. Is that a usual place for them to be sold in?

Brownscomb. They were killed in a common slaughter-house.

John Brownscomb . Stone came to me, and said, a countryman had brought some sheep to town to sell, for fear of being seized, to raise a little money for his landlord. And Scales said he knew the man had rented 200 l. a year, only he had been reduced, and he was certain the sheep were honestly come by. He carried us to Sam Keep, and my brother and I bought them: Kingsland was about buying them, but people told Keep, if he bought them, he would be flung out of the money.

John Stone . I was hired to dress those fourteen sheep, and I dressed them, not thinking they were come dishonestly by; and I had no more than the common price 3 d. a sheep. Keep sold them; I don't know how he came by them.

William Scales . I had been to buy a beast, and saw Keep and Kingsland together at the Rose and Star in Mill yard, Goodman's-fields. Keep said, won't you drink with me; I sat down and we had two tankards of beer. I happened to see Stone at work; he had killed four of those sheep, so I lent him a hand, and killed ten of them.

Q. What was Keep?

Scales. He was a clay carter. I always took him to be an honest man.

Q. Was not he called a farmer?

Scales. I heard he married the widow Wood at Hackney, and kept a farm of 200 l. a year .

Q. Did you tell Brownscomb this?

Scales. I don't know that I told him so.

Q. Did you hear he was broke or breaking?

Scales. He said he was forced to make some goods off to get some money to satisfy his landlord.

Q. Did you tell Brownscomb so?

Scales. No, I did not tell him so.

John Holland . I have a stall just by William Kingsland 's in Cable street, and Kingsland said he would do it for them all, Jack, Stone, and all; for he knew the sheep were stole.

Q. What do you think he meant by saying he would do for them all.

Holland . My opinion is, that he thought they were stole, and knew them to be stole. And it is my opinion Keep would never have stole them, if it had not been for him. I don't know what he meant by doing for them.

Q. Who is Kingsland ?

Holland. That is the gentleman [pointing to the prisoner Kingsland .]

Q. Is Kingsland a butcher?

Holland. He is no butcher; he suckles calves.

Charles East . I know Kingsland is a very honest man. He desired me to carry some sheep skins to Mr. Cook in Barnaby Street. Keep delivered the skins out of the slaughter house to me; and Kingsland stood by: and he came to me next day for money for the skins.

Q. How did Kingsland come by the skins?

East. Very honestly, for what I know. One Robinson bought the skins; they were sold for 18 d. a piece. The 14 skins came to a guinea.

Q. Whose skins were they?

East. They were Keep's skins. He may be an honest man, and he may not; I never saw him in my life before.

Q. What mark had the skins?

East. I don't know what mark they had.

John Hudson . Scales and East came to me and said, I might have a job. I asked what it was; they said it was to carry some skins to Mr. Cook's house. We carried them to him, but he did not approve of them: we went to Mr. Robinson, and he bought them at Mr. Cook's house for 18 d. a piece. We went to a publick house, and Robinson paid a guinea for the 14 skins.

Q. Who did he pay the money to?

Hudson. To Kingsland.

Q. to Scales. What mark had these sheep?

Scales. There was a little red oker behind the pole of the neck, I saw no other mark.

Q. What is Mrs. Carter's mark?

Pickett . Her mark is R P, it was her father's mark. Mrs. Carter, the person the prisoner stole the sheep from brought him, up from a child. I have known him all his life time; and never heard any thing amiss of him before; and I am sorry I have occasion to appear against him now.

Christopher Woodham . I have known Keep forty years, and never heard any thing amiss of him before.

John Howard . I am clerk to Justice Bourne of Enfield . This confession was made by Samuel Keep ; it was taken in writing, read over to him, and he signed it freely.

[The information was read.]

This information faith , that on Sunday the 10th of March 1744 , he stole out of a field called Fenny-Coats about 14 sheep , the property of the widow Carter of Enfield; and drove them into Church lane, near White Chapel church ; where they were killed , by his order, by John Stone , and William Scales , and that he sold the carcasses to John and Philip Brownscomb for 5 l. 16 s. 6 d. and the fat for 15 s. 9 d. to the man who keeps the mulberry garden; and that William Kingsland sold the skins in Southwark, and took the money for them.

Taken before me the 10th of March, 1744. - Bourne.

Signed Sam Keep .

Prisoner. They made me fuddled, and I can neither write, nor read; and I did not know what I did.

Q. Was he in liquor?

Howard. I believe he was quite sober. Keep said that Kingsland was with him the Friday before, and that he appointed to meet him*.

* Mr. Howard did not say when or where they appointed to meet. But this seems to agree a little with what Holland says, that he believes Kingsland knew them to be stolen if he was not the instrument of their being stolen.

Jonas Lawrence . I keep a public house. Keep came to me and wanted me to take the sheep into my yard, and mentioned Mr. Kingsland's name. I said I would not do it. I told him I believed the sheep were stolen; and I told him, if the sheep had not been stolen, I believed Kingsland would have come along with him, for he is a very honest man.

Mr. Lessingham . I have known Kingsland forty years. He was servant to my father, and to me, and I always took him to be an honest man. He drove a cart as a scavinger, and has been in gentlemens cellars, where there was plate in plenty; and I never heard any thing amiss of him. Keep, Guilty Death . Kingsland acquitted .

206. John Sommers , otherwise Sommerville , of Pancras , was indicted, for that he after the 1st day of May 1734, to wit. on the 2d day of April 1745 , in a certain field or open place near the King's highway, upon Edward James did make an assault, and in a forcible and violent manner the money of the said Edward feloniously did demand, with a felonious intent the money of the said Edward James to steal, take, and carry away, against the form of the statute, &c .

Edward James . (a black) On the 2d of April about 10 o'clock in the morning, as I was going about my business, the prisoner stopped me in a field.

Q. What business are you?

James, I am a trumpet - I have been in the King's service, but I am not now. - I was going to pay some money to the woman at the Adam and Eve at Pancras. The prisoner said he wanted my money; I said I had none for my self, nor he neither. (I had 3 s. 6 d. in my pocket, and was going to pay half a crown away) He struck at me with a bag, jumped upon me, and seized me. He pulled and hawled me, and tore all my clothes. I bid him let me alone, for he should get no good of me. And he said, you black son of a b - h I'll be revenged on you, and finding he could get no good of me, he let me go, and went away. Then he came back, and attacked me again, laid hold of me, and said, you are not gone yet; but he soon let go his hold and run. There happened to be a gentleman and his lady in the church-yard ; the gentleman said he saw all the action, and advised me to get an officer to take him up.

Q. What did he strike at you with?

James. He struck at me with a bag with an empty cag in it.

Q. What did he say when he struck at you?

James. He demanded my money. I had a young woman with me, and she bid him be easy; and he struck at her, and knocked her down upon her back.

Prisoner. I don't know that ever I saw him in my life. Ask him what I had to strike the gentlewoman down with.

James. He struck her down with his fist, but he struck me with the cag, and stripped himself naked to fight me, at the second attack; and when he ran away, I followed him, and took him - the prisoner was not drunk.

Mary Mustafer . On the second of April, Mr. James asked me to take a walk with him to Pancras , we met the prisoner at the bar, and he stopped us, and said, he would have money, and struck at Edward James with a cask or something in a bag; and took hold of him by the waistcoat and shirt and pulled him first one way and then another.

Q. What did he say he wanted?

Mustaser . He said he wanted money and revenge and he would have it by G - d. I believe he quarrelled with him about three quarters of an hour, then he went away, and came back again presently, and said, by G - d you are not gone yet, and money I will have before I go home.

Q. What did you do in this case, when they were quarrelling?

Mustaser . I went up to the prisoner, and desired him to be easy; and he struck me down.

Q. Where did he strike you?

Mustafer . He struck me upon my breast.

Q. What did he say to you?

Mustafer . I can't remember what he said, he bid me be gone or something like that. Justice Hole was by, and saw all the action done.

Justice Hole deposed, That he had been taking a walk with his lady, and setting in Pancras church-yard, he saw the prisoner take up his bag and strike at the black, and struck the woman, who was with him; and that he fell upon some persons who came by before, and they took to their heels, and run for it.

Charles Turnell . When he was carried before Justice Poulson, he was very much fuddled, but he had no weapon about him.

James Burgess (the beadle.) About ten o'clock in the morning, the Black said, he wanted a constable, for he had been ill used in the fields; and the prisoner was taken; he submitted himself and asked pardon: I believe he was in liquor.

Justice Hole. I am sure, my lord, he could run as well as I could.

Prisoner. I was very much fuddled; I deal in liquors , and sell them in the country - I am an Irishman.

John Davis . I have known the prisoner five or six years; he used to deal in liquors. I take him to be an honest man, I never saw any otherwise by him; he will get drunk now and then.

Catharine Shaw . I have known the prisoner three years, he has the character of an honest labouring man, and I believe he would not hurt man, woman, or child.

John Hawksley . The prisoner buys brandy frequently at my house: I give him credit more or less, he has dealt with me four or five years. I take him to be an honest man, and I can't conceive he would be guilty of any such thing.

John Hatfield . I have known the prisoner some years, he has been my tenant ever since I have known him, and I believe him to be a very honest man.

Mr. Wilson said, he had known him five years, always took him to be a pains-taking, hardworking man, and always bore a vast good character. Being asked whether he is apt to be quarrelsom when in liquor, he said, he is apt to be quarrelsom. Acquitted *.

* Though the prisoner was acquitted of the assault with an intent to rob, he might have been indicted for an assault; which would have been done, if it had not been compromised between the parties.

207. Jane Rankin , of St. Martins in the fields , was indicted for stealing a looking glass, value 7 s. twelve plates, val. 6 s. four dishes, val. 4 s. two copper tea kettles, val. 3 s. two saucepans, val. 2 s. two coffee pots, val. 2 s. and a chocolate pot, val. 1 s. the property of Edward Giles , March 28th .

Rachel Giles . I went out of town to Bristol to see my father last January was twelve month, and hired a room to put my goods in, at the house of one John Lewis . I staid till the 22d of March was twelve month following; when I went into the room, I found that the hinges of my boxes were taken off, but the locks were all fast. I was informed by the landlord of the house, that it must be the prisoner; for I had the fore garret, and the prisoner, her mother, and sister, had the back garret, but before I came home, they were moved out, for Mr. Lewis did not like their conduct; I found some of my goods at one James Cobbeau 's, and Mrs. Cobbeau said, she had them of the prisoner: this copper coffee pot, and copper chocolate pot are mine. The prisoner and her mother helped me to put them up into the boxes, when I went out of town, and they helped me to put up my linen; sheets, table linen, &c. I lost a large trunk of linen, the trunk was opened, and the linen taken out; and I lost a large parcel of books, and a great many other things, I lost between 40 and 50 l. worth of goods.

Helena Cobbeau . The prisoner told me she had pawned some things for a gentlewoman who is gone to Holland , so I went with her to take them out of pawn, about a month ago; she said, they had been in pawn above twelve months; and I bought this chocolate pot, and coffee pot of her. [ Mrs. Giles proved these to be her property.]

John Lewis . The prisoner lodged in my house, and she helped Mrs. Giles to put her things up, when she went out of town. I can swear to this chocolate pot being brought to my house by Mrs. Giles .

Mrs. Caveac said the prisoner lived with her three or four months , and behaved extraordinary well; that she went from her four years ago last June, but not out of any dislike.

Five or six other witnesses, English, Dutch and French, some of whom had known her five, six, or seven years; gave her a good character, two of them deal in lace, cambricks , &c. and have entrusted her with those sort of goods, which she used to carry out to their customers, but always behaved very honestly , and if she would, might have wronged them very considerably. Guilty .

[Branding. See summary.]

208. Thomas Hallam of St. James Westminster , was indicted for stealing three shoes, val. 6 s. the goods of Richard Bell , April 16th .

Richard Bell . The prisoner took these three shoes out of my shop; I had them at a pawnbroker's; the prisoner is a shoe-maker , he has been in my shop a great many times, and I never missed any thing before.

Thomas Parry . The prisoner brought these shoes to my master's house to pawn, and I lent him 2 s. 6 d. upon them. I did not see there was an odd shoe till he was gone, then I thought they were stole; I called stop thief, and run after him; he owned he took them off the cutting board in the shop: but before the Justice, he said, he made them, and the reason of there being an odd shoe was, that he made one for a gouty foot. Guilty 10 d.

[Whipping. See summary.]

209. Mary Jones , of St. Andrew Holborn , London, was indicted for stealing two linen gowns, value 10 s. a shirt, value 1 s. and a handkerchief, val. 2 d. the goods of William Roach , April 2d . Guilty 10 d.

[Transportation. See summary.]

210. + George Norton , of St. Alban Wood-street London , was indicted for stealing 100 yards of woollen cloth, value 25 l. the goods of William Bragg , in the dwelling house of Thomas Whaley , Feb. 27 .

William Bragg . I sent these goods from Bristol fair the 26th of July, to the Three Cups in Bread street , to be left there till called for by me.

Q. Who keeps that house?

Bragg. One Roberts, and I found my clothes in the shop of Mr. Samuel Foster , about a week before Lady-Day.

Q. How came they to Mr. Whaley's house?

Bragg. How they came to Mr. Whaley's, I know not.

Samuel Foster . I live in Monmouth Street, I deal in clothes; I was coming from the barber's between 9 and 10 in the morning - about five or six weeks ago; and Mr. Fraser (one who keeps an oil shop, and a man of as good a character as any man in the parish) called to me, and said, Mr. Foster will you buy any cloth (this is the cloth that I bought of the prisoner at the bar) said I, this is the wrong season of the year for such cloths as these (they are kerseys or narrow cloths) but I bought them of the prisoner outright; for Mr Fraser is his brother-in-law. He said he was a book-keeper 13 or 14 years at the Green Dragon in Bishopsgate street; and 3 or 4 years a ticket-porter. Just as he had told me the price of the cloths, Mr. Lamb came in, and said, don't buy those cloths, for I have had the price of them already, and I am willing to have them, as they are come honestly by. This made some words between Mr. Lamb and I, but we agreed to divide them, he had two pieces, and I two pieces.

Q. Was not there another man in the shop who owned that the cloths were his?

Bragg. There was another man in the shop, whether he was with him or not, I cannot say, but he did not say any thing about the cloths. I thought I bought them as fair as ever I bought any thing in my life.

Q. Did the prisoner say how he came by them?

Foster. He said he bought them of an hostler at an inn (I believe it was the Three Cups in Bread street) but it was the inn he said he was porter at.

Alexander Fraser . The prisoner came to my house with these cloths, and asked me how I did; I said, pretty well. He laid the cloths down upon the counter, and said he wanted to sell them for a person who had a friend dead in the country; and they were sent up to sell to raise a sum of money. And he wanted to sell them that afternoon. I sent for Mr. Lamb, and he looked at them. Mr. Foster came by the door at the same time. Said I, you may look upon these cloths, for you are a good judge of cloths; so Mr. Foster and Mr. Lamb bought them, and had each of them 2 pieces. He was a porter at the Green Dragon in Bishopsgate gate street.

Q. Has not he been thought for some time past to be out of his senses?

Fraser . Yes, he has, he has been at my house till 12 o'clock at night, and I could not ge t him out, and he would ramble into a parcel of nonsense. He has wandered up and down, and the watchmen have taken him to be a sort of a thief.

Q. Did you at any time when he came to your house, take him to be out of his senses?

Fraser. He has gone backward and forward with his words, that there was no notice to be taken of him.

Q. If you had thought him disordered in his senses at that time he brought these cloths to your house, would you have advised these gentlemen to have bought them?

Fraser . No. But at that time he spoke very well. And if I had thought they had been stolen, I would not have advised them to have bought them.

Mr. Lamb. I was sent for by Mr. Fraser , and he told me the prisoner was a brother-in-law of his, and had got 4 pieces of cloth to sell. The prisoner said the maker was dead in the country; and that they were sent up to be sold, because they wanted money, and he was to sell them for half a crown a yard, for ready money [exactly half the price they are laid at in the indictment] I took a pattern to show to a friend who is a very large dealer in cloths, to know whether they were a bargain or not, which I found they were. When I came back, Mr. Foster was there; I said, I was the first person spoke to about them: but Mr. Foster insisting upon part, he had two, and I two. I sold my two pieces in a day or two, for six pence a yard profit.

Tho Whaley . I keep the Bell Inn in Woodstreet. I ordered my chamberlain to go to the Three Cups in Bread street, for a truss that was directed by Mr. Bragg, the maker of these cloths, to be left there till called for. And the cloths were brought to my house; they were sent to one Mr. Jarvis, who is agent for Mr. Bragg, and puts up his goods there. The truss was missing, and I enquired after it; my chamberlain told me the prisoner had taken it away: said I, what business has he to take it away? The prisoner was then absent; but he returned again in about ten days time. Said I, George, let me speak to you; what have you done with the little truss of cloth that was here? said he, the right owner came for it, and I have given it to the right owner. He said, the man that brought it, ordered him to carry it away; and he met with a carter who took it quite away. Said I, sure it must be carried to some inn: he said, he could not tell where it was carried to.

Q. How long has he done business at your house?

Whaley . He has been a porter at my house about three years. He was porter to most of the ironmongers. When he came before the Justice, he said that he took the truss to Temple Bar, and then went to Monmouth street to sell it: that he disposed of it there, and had half a crown for his labour.

Q. Is not he apt to be disordered in his senses, and he absent from his business sometimes?

Whaley . I believe he would get now and then drunk with gin; and then he would absent him self two or three days, and say he was ill, and had got the cholick and gripes.

Samuel Richards . On the 27th of February the prisoner at the bar came up into the gallery at the Bell Inn in Woodstreet; went into one of the rooms in the gallery, and took out a truss of cloth.

Q. Is the gallery any ways locked up with the house?

Richards . No, it is quite open to the yard.

Q. Where was this cloth lodged?

Richards . It was lodged in one of the rooms in the gallery, which has been a lodging room. He said, Mr. Richards, I should be obliged to you if you would help me up with this cloth. I asked him where he was going to take it; he told me he was taking it to the right owner's in the Strand. I helped it upon his knott, and saw him take it down stairs, and carry it down the yard.

Q. What sort of a truss was it? how much do you think it weighed?

Richards. It might be about an hundred weight.

Q. Do you know what was in it?

Richards. I never saw the inside of the wrapper; but he told me it was cloth.

John Harrison . I bought two pieces of cloth of Mr. Lamb. They were a couple of crested plains, the same kind of these; but I have cut them up.

Mary Brook , And please you, my lord, I am come to speak in my neighbour's behalf. The prisoner at the bar at times is not in his senses, he has been forced to be confined in his bed, and sometimes he has been absent from his family for a week or fortnight together.

- Patrick. I have known the prisoner a great many years; and as to his lunacy, he has been so six or seven years. Sometimes I was afraid he would go out of his senses. I think it was occasioned by the fire at the White Swan, at Holborn bridge. Some goods were lost there, which was the occasion of his brains being turned.

Jury, to Mr. Fraser. You say you have seen him to be disordered in his senses sometimes?

Fraser. He has been so in my sister's time, and has not gone home for a whole eight days.

Q. What was your opinion as to the condition he was in when he was at your house with the cloths?

Fraser. I did not look in his face, but he spoke very well.

Jury. Mr. Lamb, how was he when you bought the goods of him?

Lamb. I don't think he appeared any ways delirious ; he was as well as he is now.

Jury. Mr. Whaley, how is he in general?

Whaley. Pretty well.

Jury. Is he delirious sometimes ?

Whaley. I never saw any thing of it. Guilty 39 s.

211. + George Norton , of St. Alban, Woodstreet , was indicted for stealing a cloth coat, value 30 s. two cloth waistcoat, value 30 s. a velvet waistcoat, value 40 s. a velvet pair of breeches, value 5 s. a pair of shag breeches, value 20 s. ten holland shirts, value 3 l. a hair trunk, value 10 s. a pair of steel buckles, value 6 d. and a book of accounts, called a ledger, value 6 d. the goods of Tho Fox , in the dwelling house of Thomas Whaley , March 12th .

Thomas Fox . I lay at Mr. Whaley's at the Bell Inn in Woodstreet , when I am in town (I live at Woolverhampton , and have a warehouse at Mr. Whaley's) When I went out of town I left a trunk with my clothes in it in my room. I got a search warrant, and found part of my clothes at Mr. Smith's, a salesman in Monmouth street. There was a cloth coat, a cloth waistcoat, a velvet waistcoat, and two shirts. These are the clothes, the remainder of the things Mr. Smith had sold; but he could not tell who he had sold them to, for he had sold them to different people, who came to his shop. Mr. Smith had taken the ruffles off these two shirts, because he intended them for his own use.

Q. Do you know any thing of the prisoner?

Fox. He had been porter to me about two or three years, at the Bell inn. And about a fortnight before this, I had turned him off.

Jury. Did you doubt his honesty when you turned him away?

Fox. No; but he was given to drinking, so that he would be absent for three or four days together, and would get so drunk that they would turn him out of gin shops at three or four in the morning. He confessed before Justice Poulson, that he sold the clothes, and was employed by a person unknown to sell them. That he was employed to carry them into Holborn, and the next day to carry them into Monmouth street to sell them. When he was before the Justice, there was a paper of accounts, and a pair of knee-buckles found upon him, which I could swear were in the trunk.

John Elton . I am servant to Mr. Thomas Fox ; he is an ironmonger ; I look after his business in town, and have a room at the Bell, in Woodstreet. I went into the lodging room at eight o'clock at night, to see if every thing was safe.

Q. Did you mind whether his trunk was safe?

Elton. It was safe .

Q. Did you lock the door?

Elton. I turned the key, but I can't pretend to say the door was locked. When I came up stairs between nine and ten in order to go to bed, I found the door unlockt, which surprised me very much. I asked the chamberlain if any body had been there, he said no body at all; I told him Mr. Fox's room, (the room which I was in possessession of,) was broke open. The prisoner gave such a slender account of the cloths which he had sold before, that I suspected him; I went on Wednesday night to take him, but could not; and on Thursday about six o'clock in the morning, I took him in bed, he broke from us in Chiswell street, and we took him again, and carried him before Justice Poulson . There was found upon him this pair of steel knee-buckles, which I believe are Mr. Fox's , and this paper of accounts, which is my hand writing.

Fox . These are my knee-buckles, this is my paper, which was in the box, and his receipt is upon it which he gave me, when I paid him off.

Q. Do you know whether the prisoner had been about the house that night?

Elton . I saw him at six o'clock in the evening, I did not see him afterwards.

Mr. Smith. On Wednesday the 13th or 14th of March, the prisoner brought some wearing apparel into my shop; and said, he had got some to sell: they were in a box tied round with a rope, I took them out of the box, and asked him how he came by them; he said, they belonged to a young gentleman that was dead, and the old gentleman the father was willing to sell them, and desired him to take them away, for they made him cry when he saw them: he said, he had been three weeks selling cloths and shalloons for the old gentleman, and these were the last of the things; upon which I bought them and paid him for them?

Q. What did you pay him for them?

Smith. I paid him 4 l. 8 s. I believe I paid him 4 l. 12 s. but I am positive to 4 l. 8 s.

Q. Are you sure the prisoner's the person you bought them of?

Smith. I am sure the prisoner is the man.

Prisoner. I met a tallish man with them upon his shoulder, and he asked me what I must have to carry them into Holborn; and he gave me a shilling to carry them to the Crooked Fish in Holborn; he bid me come again, and then he ordered me to sell them for what I could get. Guilty Death .

212. + Hester Fowler , of St. Martins in the Fields , was indicted for stealing 3 damask table-cloths, value 21 s. 9 diaper table-cloths, val. 40 s. 2 chaldron of coals, val. 3 l. 3 silver spoons, val. 10 s. 8 pewter plates, val. 8 s. 6 ivory handle knives, val. 4 s. 7 ivory handle forks, val. 3 s. a China bason, val. 6 d. a glass decanter, val. 6 d. 6 towels, val. 3 s . three dozen of rubbers, &c. the goods of Philip Shirley , in his dwelling house , March 19th .

Mrs. Shirley. Mr. Shirley keeps the Greyhound-tavern in the Strand . I can only speak to the things that were found upon the prisoner; these 14 napkins, 5 knives, 6 forks, 8 pewter plates, a China bason, and a decanter. I have been losing things these two years, but never knew who took them, till I found these upon the prisoner. I missed 7 dozen of napkins within in a year and nine months, besides a great number of knives, forks, &c.

Philip Shirley . I was present when a dozen of these napkins were taken out of a box, in the prisoner's room at the Globe ale-house . I found several towels, which were sewed together, to make aprons, 5 knives, and 6 forks. I found 6 bushels of coals under her bed; I have lost a great many coals.

Q. What made you suspect her?

Shirley. I had an information of it by a child.

Elizabeth Wood . I am apprentice to the prisoner, and have been about a year and an half - I am turned of fourteen. I found a great piece of iron in the street, and carried it to my mistress; and with this iron she broke open the door, where Mr. Shirley's coals lay.

Q. What time did she break it open?

Wood. About twelve o'clock at noon.

Q. How long after you came to be an apprentice was this done?

Wood. A good while after, but I don't know how long.

Q. What did she do, when the cellar door was broke open?

Wood. She took coals out of the cellar.

Q. When did she take the coals out?

Wood. She took the coals out at night; she has often emptied the cellar of the coals; I have helped her to take them away my self; and when she went into the house to clean the knives, she used to pin napkins upon me, to bring away.

Q. Did you ever see her bring away any napkins?

Wood. I never saw her bring any away.

Q. Who brought the knives and forks away?

Wood. She brought some, and I brought some.

Q. How came you to bring these things away?

Wood. She forced me to do it, she used to beat me very much.

Q. What did she do with these things?

Wood. She burnt the coals.

Q. What did she do with the napkins?

Wood. She laid them upon the table to eat her victuals off - She used the plates, and knives, and forks when she eat her victuals.

Q. Do you know any instance of her selling any of these things?

Wood. I never knew that she did - I have seen her put them up in a box, when she came home.

Matthew Foley . A little after Michaelmas, the cellar door, was locked up, after I had trimmed the coals.

Aaron Robson . I have seen the prisoner carry coals out of Mr. Shirley's house.

Q. Why did not you stop her?

Robson. I had no business to stop her; because she said she bought them. She has said, watchman, I have bought half a bushel of coals down at the wharf, because I buy them better and cheaper; and I thought she had bought them there. Guilty Death .The Jury begged the favour of the court to recommend her to his Majesty for mercy .

213. Martha Grimes otherwise Graham , of St. Vedast Foster, London , was indicted for stealing 20 yards of printed linen, value 40 s. and a piece of lead, value 2d. the goods of John Lawrence , Feb. 26 .

John Lawrence . I live in Cheapside . On Shrove-Tuesday I lost a piece of linen that was printed for handkerchiefs, and a piece of lead about two pound and an half.

Samuel Craft . I had taken the prisoner, and her sister up, on suspicion of stealing a box-iron, and took her before a justice of the peace in Southwark, and the prisoner's sister (fearing she should be sent to Bridewell) said, my sister has stole some handkerchiefs; the prisoner had such a handkerchief about her neck as that.

Lawrence. That is the pattern of the piece of handkerchiefs I lost: I believe it to be part of the same piece. When I charged her with stealing them, she said, her husband was a seafaring man and had sent her eight of them.

Elizabeth Hughes . The prisoner sold half a dozen of these handkerchiefs in my house. These are the handkerchiefs.

Q. How came you to have them?

Hughes. The person that bought them gave them into my custody.

Elizabeth White . I bought half a dozen of these handkerchiefs, and gave 5 s. * for the half dozen.

* Mr. Lawrence said they cost him twenty one shillings a dozen.

Elizabeth Fudge . I bought these two handkerchiefs of the prisoner, and gave her 22 d. or 2 s. for the two.

Mary Stamper . [A girl about fourteen years of age] The prisoner lived with my mother and I, [the prisoner is Stamper's own aunt] one morning, the 6th of March, she asked me to go to Billingsgate with her, and when we came back, she said she had made a very good day's work; I asked her what she had got, she said, they were handkerchiefs: and she said, if I make as good a day's work every day, as I have done to day, I shall come very well off.

Q. Where did she say this?

Stamper . It was in an ale-house by the Monument. I asked her where they were, she said, they were in the basket (the basket that I carried) I asked her if I had been taken, whether I should not have been hanged, and she said no, I should not have been hurt. There was a piece of lead which was wrapped up in a piece of blue paper, and she said G - D - n you, I hope I have got a piece of cambrick worth 10 s. Then I went to my mother, and my mother said, where have you been; I said I had been with my aunt; my mother said, you little impudent jade, I'll kill you, and she sell a licking me, and the prisoner said, don't be angry, for I have got some handkerchiefs. Said my mother, what have you been carrying my girl a thieving.

Q. What did she do with the handkerchiefs?

Stamper. She sold one in Shoreditch for 13 d. two to two bakers for 2 s. and she said, she had sold half a dozen for a crown. I sold the piece of lead for two pence halfpenny, and gave her the money. I was taken up and carried before a Justice, but I would not say any thing to the Justice about the handkerchiefs.

Q. How came you in the new goal?

Stamper . Mr. Lawrence took me up, because he said I was concerned with her in the robbery.

John Lawrence . Mr. Hughes (the husband of Mrs. Hughes the witness) came to my shop, and enquired if I had lost any handkerchiefs (he said he had enquired among the drapers) and I told him I had; and he informed me of them.

Mary Stamper . These are the handkerchiefs.

Prisoner. Did not I tell you I was going to meet my husband?

Stamper. You said you was going to meet him, but you did not say you had any handkerchiefs from him.

Q. Did she say where she got these handkerchiefs?

Stamper. She said she had the handkerchiefs from Mr. Lawrence's house in Cheapside.

Q. Did she tell you what she was going to her husband about?

Stamper. She did not tell me on what account.

Prisoner. She has gone with me two or three years to gentlemens houses, and never knew me do any harm, or wrong any body. She does this out of spight .

Stamper. I was taken up, and then I declared what she had told me.

Elizabeth Appleton +. Mary Stamper lay with me in the new goal in Southwark, and she told me the prosecutor said he was a batchelor, and if she would say as he desired her, that he would take her home, and she should be his house-keeper; and that he sent her caps and aprons, and kept her very well. And her mother said, if you don't stand to what you say, you will transport yourself, and she will be cleared; and you may be a comfort to me, and we shall have some money to put us in a way, or something like it. And this witness said she did not know that her aunt stole the handkerchiefs, or how she came by them.

+ Appleton was brought by Habeas Corpus from Surry , but nobody appearing against her, she was discharged at the goal delivery.

Stamper . My aunt asked me whether the gentleman was a single man or a married man; and I said, I believed he was a batchelor; but I did not know that he was, he never said so to me, and never said any thing of taking me home or any thing likeit.

Q. Did you say any thing of his giving you any caps, or any other things.

Stamper. No, it is as false as any thing in the world; he never said so to me.

Q. Was there any thing said of your mother's des iring you to stick to what you said?

Stamper. My mother did say she would have me stand by what I had said, and tell the truth as far as I knew, but said she was very sorry my aunt was likely to be convicted.

Prisoner. Did not your mother say, she will be hanged, and I may as well take the reward as not?

Mary Stamper . I said I did not know there was any reward, and if there was, I said I would not take it, for if I did, my mother would kill me.

Lettice Lun. * Mary Stamper said that the prosecutor came to her when she was in Bridewell, and said he was a batchelor, and if she would take his counsel , that she should never want for any thing that was in his power - that is, if she would stand to her story .

* She was brought by Habeas Corpus from Surry ; indicted this Sessions by the name of Lynn, and is now under sentence of death.

Jury, to Mr. Lawrence. Did you send the witness any money or things?

Lawrence . I allowed the goal keeper 8 d. a day for her, that she might not go among the common prisoners. Guilty 10 d.

[Transportation. See summary.]

214, 215. + Robert Dun . and Ann Howard , were indicted for stealing a silver watch with a silver chain, value 3 l. the property of John Scanlon , privately from his person , March 31 .

John Scanlon . Robert Dun and I went with Ann Howard to Mrs. Ivory's at the Blue Anchor at Stepney . One Mr. Adams , that I live in the house with, was there, and two children. I had a long chain to my watch, and Ann Howard sat by me, and so did Robert Dun . I had one of the children on my lap all the time; and Ann Howard threw the other child upon my lap, and Dun winked at her.

Q. What time was this?

Scanlon. About 5 minutes after 8 at night. I lost my watch; but I never went into any body's company till I missed it. I went from thence to the Mitre at Limehouse, which is about 3 fields distant, and I had not been in the house above half a quarter of an hour before I missed it.

Q. Who was in the kitchen at the Mitre?

Scanlon. Mrs. Adams was there. There might be five or six people, but they did not come nigh me, nor I them.

Prisoner Dun. Did not you stop in the fields as you was going from the Blue Anchor to Limehouse.

Scanlon. I was not near any body, you called after me, and I said, hollo, I will be with you presently.

John Lorriner . The 2d of this month, I was at the Mitre; Dun came in, and Scanlon said, I lost my watch between you, and Nan Howard . Dun said, you Irish rascal you have lost your watch to be sure, and I have it, and you shall never have it again. And he pulled off his coat, waistcoat, hat, wig, and shirt to fight Scanlon.

Thomas Hall . I don't know what I was brought here for, unless it was to take a false oath, for I know nothing of the matter.

Elizabeth Adams , I know nothing of the watch. I can only say that John Scanlon is a very honest man; but how he lost his watch, I can't say.

Elizabeth Crook only spoke to her hearing Scanlon say he had lost his watch. Both acquitted .

216. + Ann Jones , of St. Clement Danes , was indicted for stealing two pieces of linen cloth, being remnant, value 10 s. the goods of Robert Keith , in his shop , April 24 .

Barbara Keith . The prisoner came into my shop the day before yesterday, and asked for a bit of cambrick, I shewed her some, and while I turned my back to take down some more, she stole these two remnants, and was going away with them beneath her apron. They were tied up, and lay upon the opposite counter. My servant told me she had something under her apron. I took the parcel out of her apron, whether it was fastened to a hook, or what, I can't tell: but there was something stopped it from coming out easily .

Prisoner. The gentlewoman does me a great deal of injustice , for I took it off the ground.

Sarah Ivis . The prisoner came into the shop about 3 o'clock in the afternoon, and asked for some cambrick. My mistress shewed her some; she said, she would go higher, and while my mistress turned round, she took something off the counter, and threw a shilling down. I saw her put something under her apron, and was going away; I told her she had something there that did not belong to her; she said, she had nothing; she went out at the door, and I called out stop thief, and this young man brought her back. I shook her apron, and saw the cloth in it, and my mistress took it out.

A young lad, upon the cry of stop thief, brought her back, and saw the cloth taken from her.

James Wather . The prisoner lodged in my house six months, and behaved very honestly. I never knew any hurt of her, or any thing like it. Her husband is a taylor; they left my house last July was 12 months. Guilty 4 s. 10 d.

[Transportation. See summary.]

217, 218. + John Sykes , and George Underhill , were indicted for stealing one pair of linen drawers, value 10 d, the property of Edward Wood , April 15 .

Edward Wood . On Easter Monday about 1 o' clock , I had my pocket picked in the Poultry , of a pair of white linen drawers. McDonald asked me if I had not my pocket picked; I said, yes, of a pair of drawers; he said, he would carry me to the person that had them; and they were found upon Underhill, and he said that Sykes would not have done it, if he had not been in liquor - He did not make any excuse for himself.

Stephen McDonald . On Easter Monday I went towards Grocers hall, to see if I could find any of these fellows picking of pockets; as I was going along, I saw Sykes put his hand into the prosecutor's pocket, and take out, as I thought, a white cambrick handkerchief. I asked the gentleman if he had lost any thing; he said, yes: I said, come a little farther, and I'll show you who has it, and I came up to the prisoners. Sykes had given the drawers to Underhill, and I took them from him; and Underhill said, if Sykes had not been in liquor he would not have done it. Both Guilty 10 d.

[Transportation. See summary.]

219, 220. + James Thomas , and John Hunt , of St. Botolph, without Bishopsgate , London, were indicted for assaulting Frances the wife of William Smart , on the King's highway, putting her in fear, and taking from her a velvet cloak, value 42 s. the goods of William Smart , March 26th .

Frances Smart . On the 26th of March, a little after eight at night, I was coming from a gentlewoman's in my own neighbourhood, and a little boy was to see me home - I live at the corner of Widegate alley in Bishopsgate street . My own shop was open, and so were my neighbours. I had one foot on the step of the door going into my shop, and just at that instant my cloak was pulled off behind me, though it was tied very tight; and I was almost strangled, and had not the string of the cloak broke, I must have been dragged down upon the stones. I was very much surprised, but I saw no body that did it.

Q. Did you lose your cloak?

Smart. Yes, my cloak was carried away.

Hercules Skinner. The two prisoners, John Smith , William Norman , William Kirby , and I, all six consented to go out a thieving together, we went all together into Bishopsgate street. Thomas crossed the way, and said there was a gentlewoman with a velvet cloak on.

Q. Which side of the way were you on?

Skinner. We were on the side of the way over against where the gentleman lives - over against Widegate alley . James Thomas went over the way, and came back to us again; and said there is a velvet cloak over the way, let us go and fetch it, and John Smith , James Thomas , and I, went over the way directly.

Q. Where were the other three?

Skinner. They stood right over against the alley, on the other side of the street.

Q. Who were they that staid on that side of the way?

Skinner. Hunt, Norman, and Kirby, those three staid there.

Q. With what design did they stay on that side of the way?

Skinner. They staid for James Thomas , John Smith , and I, to come back to them with the cloak.

Q. Was that said then, that you were to go back to them with the cloak?

Skinner. Yes.

Q. What did you do afterwards?

Skinner. James Thomas , John Smith , and I, went just to the end of the alley, and John Smith stood behind the gentlewoman, and pulled her cloak off just within the alley,

Q. What did you do?

Skinner. I stood just at the corner of the alley before you go into it, and James Thomas stood leaning over the post just before you come to the alley.

Q. What happened then?

Skinner. John Smith made off with the cloak; he run away from Thomas and I.

Q. Where did he go?

Skinner. He went to James Thomas 's lodgings, and lay there all night, and I went home to my mother directly.

Q. What became of the other three, Norman, Kirby and Hunt?

Skinner. I don't know what became of them that night.

Q. Did you meet at any time afterwards about this?

Skinner. No.

Q. What became of the cloak?

Skinner. Smith and Thomas sold it; they gave me the drop, because I did not readily know the way to Thomas's house.

Q. Have you seen Smith since?

Skinner. He came to me the next day, and told me, they had sold it for 18 s. but I had no part of the money.

Q. How came you to be taken up for this?

Skinner. There was one Elizabeth Pullin taken up, for another thing, and she discovered me. - The prisoners were taken up upon my information.

Sarah West . I live in Bishopsgate street - I take in washing - my husband is a driver to a Hackney coachman. I have known Hunt four or five years, he is a journeyman weaver . I know him to be a very honest young man; he lives in Shoreditch with his father and mother, they keep a potter's shop. He was at our house the next day after quarter day from five o'clock in the afternoon till ten o'clock at night.

Q. What occasion had he to be at your house?

West . My husband spoke to him on the Sunday before to help us to move some houshold goods.

Q. Where did you carry them to?

West . Into Still alley in Houndsditch.

Q. Were you employed all that time in carrying of goods?

West . Yes.

Q. Were you all employed in carrying them?

West . Yes, but I could not carry much, my husband and he carried most.

Q. How long might they be out at a time, till they returned?

West . About half an hour.

Jury. What part of Bishopsgate street did you live in ?

West. In Montague court.

Q. How far is that off Still alley?

West . About 50 yards.

Q. How came you to move the day after quarter day?

West. Because the houses were to be pulled down, and we moved some pictures and other things after quarter day.

Joseph Stevens . I have known Hunt about six years. I have employed him in my business as a weaver, and never knew he wronged me; nor never heard he did so by any body else. He was out of work, and I employed him as a draw boy: I believe it is upwards of a year ago since.

- Crossley . James Thomas lodged with me about six weeks, to the time he was taken up, I never knew any harm of him; he is a button mould maker by his business, but lately he has sold fish and rabbets, &c . he behaved very honourably at my house indeed.

Martha Holitborn . Thomas lodged in my house about five months. I take in a great deal of washing of other people's; and I never saw an ill action by him or heard of one in my life. If I lent him a little money to buy stock, he always paid me very honestly.

William Arringlon . I was partners with him lately in buying rabbets and fowls, and never heard any thing amiss of him.

There being no other evidence against the prisoners but that of the accomplice, they were acquitted .

221. Ann Owen , of Stepney , was indicted for stealing 4 gold rings, value 4 s. and six silver spoons, value 10 s. the goods of Thomas Mitten, April 22d.

Thomas Mitten . I live at Stepney . Last Monday I lost 4 gold rings, and 6 silver tea spoons in a case; the spoons were in the beaufet : the prisoner was my wife's mother's servant about three months, and she came then to fetch some rough dried linen, in order to carry to her mistress to iron; and she went up to make my wife's bed, as she had often done before, and found means to take four rings. There were other things of value that I lost, but she was entrusted with them: she owned before Justice Hole, that she took them. These are three of the rings, she said, she took no more than three.

Q. Where did you find her?

Mitten . I found her at Mr. Munday's in Long alley, where she lodged (he is a constable). She had three of the rings upon her fingers when I took her, and she had the six spoons.

John Munday . Mr. Mitten came to me, and said he had got a warrant from Justice Jones, to take up the prisoner. I went in and took her, and seized the things upon her, and she gave me six spoons and three rings; she had the three rings upon her fingers, I asked her where the other was, she said, she had taken but three rings; Mr. Mitten said he had lost four.

Prisoner. I have no friend in the world; I lay at Mr. Mitten's mercy; I hope Mr. Mitten you will be favourable to me.

Mr. Mitten. She had frequent opportunities of robbing me before, but never did. Guilty 10 d.The Jury recommended her to the court for corporal punishment .

[Whipping. See summary.]

222. Mary White otherwise Langley , of St. James's Clerkenwell , was indicted for stealing a cambrick handkerchief, value 2 s. a pair of holland sleeves, value 3 d. a mob, value 2 d. a shirt, value 1 s. a shirt, value 1 s. an apron, value 1 s. the goods of Garret Bourne , March 8th .

Garret Bourne . The prisoner stole these things, and owned she pawned them at different pawnbrokers.

Richard Cox . The prisoner brought some of these things to my house to pawn.

Sarah Harding . On the 7th of March I took in a foul shirt and a foul shift, in the name of Langley ; I cannot say that the prisoner is the person that brought them, for I don't know that ever I saw her, till I saw her before the Justice, Guilty 10 d.

[Whipping. See summary.]

223. Mary Jones , of St. James Westminster , was indicted for stealing a copper pottage pot, value 4 s. the goods of Thomas Quaterman ; April 9th .

Thomas Quaterman . I heard a person going through the passage belonging to my house; I went out, and missed the pot; then I looked into the street, and saw the prisoner about twenty yards from the door, running down the street, with the pot in her lap; when I took her, she said, her mother gave it her at the end of the court.

Prisoner. There was an empty house in the court, and a woman was at the door; she desired I would stay at the end of the court, and I should lose nothing by it; and she brought the pot in her apron, and gave it to me. Guilty .

[Transportation. See summary.]

224. Jonathan Read , of Christ Church, Middlesex , was indicted for stealing 12 flower pots, value 4 s. and 2 bell glasses, value 1 s. the goods of Nicholas Barber , April 26th, 1744 .

John Hardey . The prisoner and I stole about eight pots, with flowers in them, and two bell glasses, from Mr. Barber and parted them at my house.

Q. When was this done?

Hardey. Last spring - above a year ago.

Q. What is the prisoner?

Hardey. He is a barber.

Prisoner. I am a perriwigmaker, and barber-surgeon .

Q. What are you?

Hardey. I am a rope maker.

Prisoner. How did you get into the garden?

Hardey I got over a pail'd fence, and handed them to the prisoner.

Prisoner. How did I get over?

Hardey. You got over a pail'd fence about chin high.

Q. Did he clamber over it?

Hardey. He jumped over it.

Q. What time was it?

Hardey. It was between nine and ten at night.

Prisoner. And please you my lord, as to the robbery in Mr. Barber's garden, it was laid against me a twelve month ago. I bought some of the plants of John Hardey and I can prove it.

Hardey . I never sold him any plants in my life.

Prisoner. That wig he has on, he had of me for those very plants that I was taken up for about nine or twelve months ago, and that I am now prosecuted for. I was carried before a bench of Justices at Powel's coffee-house in Brown's lane, and was cleared by them.

Cecil Holmes . I was with the prisoner, there were four Justices of the peace, and they cleared him. Hardey said he would hang his own brother rather than he would be hanged himself. He was accused of this very thing then and discharged.

Q. When was this done?

Holmes . The latter end of last summer. I believe Hardey only does this to screen himself.

Alice Woodward . I have known the prisoner eight or nine years, apprentice and journeyman, he lodged in my house; I never knew any thing but honesty by him, and never heard any otherwise in my life. Acquitted .

He was also indicted for stealing four bell glasses , value 6 d. the property of Thomas Burnet , April 27th .

John Hardey . Read went with me to Bethnal Green (much about the time the other robbery was committed) and we stole some bell glasses and divided them between us; I have some of them now, and have had them ever since. Acquitted .

225. Ann Harrison , of St. Giles's in the fields , was indicted for stealing two shirts, value two shillings, the goods of Francis Roberts . A shift, value six pence, two aprons, value six pence, a Leg horn hat , value twelve pence, and four caps, value six pence , the goods of Mary Churchill , April 2d .

Mary Churchill . I heard the latch of the door go, and was told somebody wanted me; I saw the prisoner at the door, and asked her if she wanted any thing; she said, she wanted a farthing's worth of small beer; but you don't think it worth your while to serve me, and was going away. I said come back, but she run away; when I came in, I missed the things; and about two hours after I took her with the things upon her.

Prisoner. She delivered them to me, I am upon my oath, and I would not speak any thing but the truth. Guilty .

[Transportation. See summary.]

226. + MARY Cut and Come-again , of St Ann's Westminster , spinster, was indicted for assaulting Elizabeth Turner widow, in a certain open place, in or near the King's highway called Leicester-fields , putting her in fear, and taking from her an apron, value 6 d. the property of the said Elizabeth Turner ; an apron, val. 3 s. a shift, val. 12 d. a mob, val. 3 d. &c. the property of Elizabeth Brough , March 27th .

Elizabeth Turner . On the 27th of May - I can't tell the name of the month, it was the month before this, between 7 and 8 at night, as I was going along Leicester-fields, there were some people singing of ballads, and I stopped to hear the ballad singing.

Q. Was the prisoner singing of ballads?

Turner. No, I stopped, and the prisoner stopped too; there was some talk of her being a ballad singer , but then she only stood to hear. And as I was standing there, she cut my apron off my sides and took my bundle that was in my apron from me, and she hit me a slap on the face, and run away.

Q. You say she cut your apron off?

Turner. Yes.

Q. That was done privately, was it not?

Turner. It was so.

Q. Then she did not assault you?

Turner . Yes she did, and put me in fear of my life; I run after her, and cried out, stop thief ; and she threatened my life, if I followed her.

Q. How far did you follow her?

Turner. I followed her to Monmouth street, and took the things from her.

Q. Did any body see her take the things from you?

Turner. No, nobody but my self.

Prisoner. I sing ballads for my living, I don't deny it, but, my Lord, how could she come so far as from Leicester fields to Monmouth street, and not cry out stop thief before?

Henry Juratt . About eight o'clock at night, I heard a hurly burly and came out; the prisoner had a bundle in her lap, and hearing the prosecutrix say, she had got her bundle; I asked the prisoner whether those things belonged to the person who said she had lost them, and she said no. I asked Mrs Turner what was in the bundle, and she said such and such things, but there was a cap and a handkerchief missing, and it was thought the prisoner had taken them out of the bundle before Mrs. Turner came up to her.

Q. Where was she stopped?

Juratt. She was stopped at the corner of Grafton street.

Q. How far is that from Leicester fields?

Juratt. About a quarter of a mile. When the prisoner was taken, she said, The b - h wants to take my life away. She said, the things were her own; I said , I dare say, they are not yours, how can you say the things are yours? said I, I have seen many a ballad singer, and I never saw one with two aprons. She wished the blessed God Almighty would shut heaven's gates against her, and as her mouth was open, she wished it might never shut again, if the apron was not hers ; and she said , d - n her eyes, she should not have the apron.

Mary Mc Pherson . I stopped the prisoner at the corner of Grafton street, but she said, she would not be taken away till a proper officer came: she pulled her breasts out, and spurted the milk in the fellows faces, and said, d - n your eyes, what do you want to take my life away? She licked the prosecutrix before the Justice, and said, the longed for it; and she said, she would spit upon the Justice's seat, and she did so. The Justice said, he would send her to Newgate, she said, d - n my eyes then I shall have a ride for the money. Then the Justice ordered her to be fettered and handcuffed; and she said, if he would take the handcuffs off, she would tell him her right name, otherwise she would not.

Another witness said, the prisoner was stopped with the things upon her, and that the prosecutrix said, these are my things, and was likely to fall into fits.

Prisoner. Mrs. Turner asked me to drink a dram, and I told her, I had rather have a pint of beer, and she tied the apron upon me herself, and said, she wanted to tie her garter; so I run away with the things, and she run after me, and cried out stop thief.

Q. Did you go to drink with the prisoner?

Turner. Never.

Q. Did you ever see her before?

Turner. I never saw her in my life, before that night.

Jury. If this robbery was committed by the Prince of Wales's back gate , it is a wonder she had not been stopped sooner. Was the blow given you before the prisoner got the goods?

Turner. Yes.

Jury. What sort of a blow was it?

Turner . It was a violent blow, my mouth was in a gore blood, and she knocked me down.

Jury. Did she take the goods immediately after she knocked you down?

Turner. Yes.

Prisoner. I desire to know whether the apron strings are cut. [The apron the prosecutrix had on at the time she was robbed was produced, and one of the strings was a quarter of a yard shorter than the other.]

Prisoner. The other apron is that which had the strings cut.

Turner . This is the apron that the things were tied up in, the strings of this are not cut. Guilty Death .

227, 228, 229. + Margaret Mears , otherwise Kirby , Jane Smerk , otherwise Singing Jenny , and Catharme Bowyer (together with Samuel Cobb , not yet taken) were indicted for assaulting Eleanor Harrison , on the King's highway, putting her in fear, and taking from her a brown cloth cloak, value 12 d. a straw hat with a brown ribbon fixed to the same, value 12 d. and a mob with a brown ribbon fixed to the same, value 12 d. the property of Thomas Harrison , February 24 .

Eleanor Harrison . On the 24th of February last, on a Sunday, I had been at the lecture at Cripplegate church , and going home about 9 o'clock in the evening, (I am very subject to a swimming in my head) I sat down at a door; in about 2 or 3 minutes a man came and gave me a chuck under the chin. I said I was not the person he took me for: upon that he said, G - d blast my eyes, called me b - h, and took my cloak off my back, and gave it to the prisoners. There were four women together, and they all ran away.

Q. What did they take from you besides?

Harrison. They took a hat off my head, a cap and knot, knocked me down, and put me in fear of my life.

Q. Why, you say you was sitting down at a door, did they knock you down there?

Harrison. I run after them, and they returned, knocked me down, and dragged me along the street.

Q. How far did you go after them?

Harrison. I run after them about half a quarter of a mile.

Q. Where did you sit down?

Harrison. I sat down in Barbican. I believe it was about sixteen doors from the place where I was sitting that they abused me.

Q. Who was there in company?

Harrison. There were the three prisoners at the bar.

Q. Tell me particularly who they were?

Harrison. There was the black body in the blue ribbon; she goes by the name of Singing Jenny; there was the tall one, her name is Margaret Kirby , and the other goes by the name of Catharine, but I can't tell her other name.

Q. How could you see these prisoners so well at 9 o'clock at night, when you say you had a swimming in your head?

Harrison. I am often troubled with that.

Q. Do you see as well at that time as you do at other times?

Harrison. Yes, I thank God, I do. About two or three nights afterwards I saw Margaret Kirby with my hat and cloak on. I looked at her, and she said, you b - h, what do you look at? I knew my cloak very well; I was sure it was my cloak she had on.

Mary Whaley . On the 25th of February, Margaret Kirby , Singing Jenny, (I don't know her other name) Catharine Bowyer , Samuel Cobb , and I, went all out together with a design to knock down any man or woman that we met, or to pick any man up, or to do any thing that we could. Samuel Cobb went to this woman [the prosecutrix] as she was sitting down, and went to put his hand down her bosom, and she said, honest man, I am not the person you take me to be. Cobb took her cloak off and run away, and we all run after him up Prince's street. We turned about again, knocked her down, gave her a slap on the face, and cut her head, tho' I did not see the cut, and took her hat and cap, then we run to Peg Kirby's mother's. We thought they were but trifles to pawn or sell, so we gave the cloak, hat, and cap, to Peg Kirby's mother; and I had the ribbon. We went out again the next night with the same intent; but did not do any more since that. The cloak is to be produced, but I don't know any thing of the hat and cap. This is the cloak I am sure, Mrs. Harrison had not much about her, but it was all God have mercy to us.

Susanna Caton . I was coming along with Elizabeth Peyton , about a quarter of an hour after nine o'clock at night, and the prosecutrix sat under a lamp at a gate; we asked her what was the matter with her; she said she had got a little swimming in her head; we offered to see her home, she said it was no matter, she should be better presently; and then came up Mary Whaley , and a fellow I did not know (there were several more women near them.) The fellow put his hand down the woman's breast, and began to blast her eyes, and d - n her; and Peyton said to me, I dare say this man is going to rob the woman, and he took away her cloak, who he gave it to I can't tell. Then they came back and took her hat and cap, and she desired us to see her to Red Cross street, for her head bled very much; who did it, that I can't tell.

Elizabeth Peyton . As I was coming down Barbican the 24th of February, on a Sabbath day, a little turned of 9 o'clock, I saw a woman sitting upon a step next door to a Stationers: I asked her what she sat there for; she said she had been at Cripplegate lecture, and was not very well: I bid her not sit there, for there were many troublesom people about. I saw 3 or 4 women, and a man together. Moll Whaley and the man came up to her, and the man put his hand into the prosecutrix's bosom; and I said, don't meddle with the woman, for she is not well; he smiled at me, and then he began to search her gown; I said to Susanna Caton , let us go, for I am sure he will rob the woman before he leaves her; and he took her cloak off, and gave it to Moll Whaley; who she gave it to afterwards, I can't tell, and they all run up Prince's street by the Crown and Cushion: the prosecutrix run after them, and cried out stop thieves, and they said, blast your eyes, or d - n your eyes, do you follow us? The fellow knocked her down, and the prisoners came up and took her hat and cap off, and she desired Caton and I to lead her to the Red Cross door. The prosecutrix came afterwards to our house, and desired us to speak the truth of what we saw, or I never would have come after them.

Q. Was you acquainted with these women before?

Peyton . Never, only as seeing them in the street, or seeing them in a house.

Q. Did you know their persons before?

Peyton . I knew all the women by sight .

Dorothy Hollman . I happened to be coming out of my own court on a Sunday night about 9 o'clock, and heard swearing and sad wicked oaths, vast blasphemous oaths, and there was a riot, which made me afraid. I stepped to the chandler's shop for a candle, and saw a man take the cloak off the prosecutrix's shoulders, and then they all run away. I went with the candle to see the woman, her hair was over her eyes, and her head very bloody; and then I went back to my own room. I don't know any thing of the three prisoners, but this Mary Whaley lodged in the house where I do.

- a pawnbroker. A young woman, who came from Margaret Kirby 's mother, brought this cloak to me, and pawned it for a groat. An honest woman brought it to me.

Prisoner Mears, [otherwise Kirby] I had been ill for three or four months, and went out that Sunday, but was so ill that I was forced to go to a house and lie down, and coming along, I met Mary Whaley , and I saw the prosecutrix sitting upon a step, though I don't know that I ever saw her till I saw her before the Justice, but I know nothing of the robbery. Mary Whaley was put into prison for thieving, and then the thieftakers prevailed upon her to turn evidence against us.

Whaley. Margaret kirby and I went out a week before, every night together.

- Rawlins. I have known Jane Smerk 16 or 17 years.

Q. Do you know her by the name of Singing Jenny?

Rawlins . I don't know her by that name, but I know her to be a true and honest girl. I never heard any thing amiss of her in my life.

Smerk. I never went by that name, only as Whaley has had me set down so.

Thomas Murray . Jane Smerk was my servant for some time, and during the time she served me, I never heard any thing of her dishonesty. - I have not seen her for above three years before now.

Ann Ashmore . I have known Jane Smerk seven years; I knew her in her husband's days; and after his death, she went to service, and always behaved honestly, for any thing that I ever heard.

John Slevin . I have known her ever since she was a baby. I knew her father and mother, and I know that she was brought up in the fear of God. She married an engine weaver, and had three or four children; and after his death she went to service. As to these people who appear against her, they are ballad singers, and vile persons. [Peyton and Caton] one is called Bet, and the other Suck: but as to their surnames, I never heard them. They took me into a house, I belive it was an unlawful house, and that scenes of iniquity have been acted there. I believe they would not stick to swear any thing.

William Sims . Jenny Smerk worked with me as a servant by the week within this 12 month. I have goods worth forty or fifty pounds in my house at any time, which she might have taken; and I never had any mistrust of her.

Mary Perrin . I have known Margaret Kirby 5 years, she was always very honest; she lived with me as a servant when I took in washing. Those witnesses [Caton and Peyton] who were against her, gave her a very bad character; but they have very bad characters; they make riots in the night, and let men in in the night. I never was before a Justice in my life, and don't know how to speak. [This witness swears that the witnesses had given the prisoner a very bad character, though she was not in court when they gave their evidence.]

Joseph Stokes . I have known Kirby and Smerk about five years, I know one as well as the other, and I cannot alledge any thing amiss of them.

Q. Do you know any thing of their lives and conversations, or where they have lived these four or five years past?

Stokes. I can't tell that.

They were all three acquitted of the robbery, and found guilty of the felony .

[Transportation. See summary.]

230. + Edmund Gilbert , of the Hamlet of Bethnal Green , in the County of Middlesex, was indicted for feloniously, wilfully, and of his malice aforethought, assaulting Thomas Salter , and with a certain wooden stick, of the value of one penny, which he had, and held in his right hand, giving him several mortal bruises on the head, back, belly and sides, on the 20th day of February last, of which he languished from the said 20th day of February, to the 24th day of the said month, and then of the said mortal bruises died, and therefore, that he, the said Edmund Gilbert , the said Thomas Salter , feloniously, wilfully, and of his malice aforethought, did kill and murder .

He was a second time charged on the coroner's inquisition, for feloniously slaying the said Thomas Salter .

Richard Cole . I am apprentice to Edmund Gilbert ; the prisoner has beat the deceased with sticks and ropes.

Q. Do you know any thing of his striking him at any particular time?

Cole. Yes.

Q. What did he strike him with?

Cole. He hit him either with his fist , or else with a hearth brush, I can't tell which.

Q. What was the deceased?

Cole. He was apprentice to Mr. Gilbert.

Q. When was this done?

Cole. It was done on a Wednesday night, the Wednesday before he died.

Q. How long is it ago?

Cole. I believe it is about 9 weeks.

Q. Where did he hit him?

Cole. He hit him on the side, and on the forehead, and there was a great black place on his side.

Q. What age was the boy?

Cole. About fifteen.

Q. What business is Gilbert?

Cole. He is a draught weaver .

Q. What was the occasion of his hitting him in this manner?

Cole. Because he did not do his work well. He did not hold up his lash and missed potlaths. I believe he was not well before, because he had not done his work: and the next morning he came down to do his work, and he could not stand, and my master sent him up to bed again, and he died on the Sunday morning between three and four o' clock. - There was a mark on his side.

Q. When did you see the mark?

Cole. I saw it after he was dead.

Q. Did he complain of it?

Cole. His tongue was so swelled that he could not speak.

Q. What was the illness he complained of?

Cole. He was not ill before.

Q. You said he was ill before?

Cole. I thought he was ill, because he had not strength to hold up a lash.

Q. What time was this blow given?

Cole . At ten o'clock at night.

Q. Did he go to bed presently after he received this blow?

Cole. He went up to bed immediately after; he was going up before.

Q. When did you see him again?

Cole. I did not see him till the next morning.

Q. Did he complain he was hurt?

Cole. He said nothing to me.

[There were three whips produced, one was a platted thong, and the other two had eight or nine single cords in each, with three or four knots in each lash; the sticks and the lashes were each about sixteen inches long.]

Q. Did the prisoner use to whip him with these?

Cole . Yes.

Q. Did he whip him naked or his clothes on?

Cole . He never whipped him naked that I saw, that night he whipped him with this [one of the three whips.]

Q. Did you see him whipped?

Cole. I heard the noise of the blows.

Q. Was you ever whipped with any of these?

Cole. With the breaded one, I was once.

Q. Was your clothes on, or was you naked?

Cole. I had my clothes on.

John Elks . I worked with the prisoner as a journeyman, and the deceased worked under me, as a draw boy. He had an inward weakness, one day he would do a pretty good day's work, and sometimes he would not do any thing: he could do so little, that I could not maintain my self with him, and I was forced to turn him away.

Q. Did you ever see the prisoner strike the deceased?

Elks. I have seen him strike him with a whip now and then, but not any thing to hurt him. I did not see any thing of this blow that the boy speaks of, either with his fist , or with the brush.

Q. What was the reason he did not do his work?

Elks. He was either lazy, slothful or weak; I I could not get my bread with him, and I told him I must have another drawer.

Elizabeth Salter . About eleven weeks befor e the deceased died he came to see us: and said, Oh uncle! I am killed, I am killed, I am murdered; I said to him, I never heard a dead body speak; and he said aunt, I am perished and starved and beat to death. I gave him some beer and he drank it, and his ordure came from him he was so weak. There were marks in his face of the prisoner's thumbs and fingers, that he had pinched his jaw with; there was a blackness under the jaw. I stripped him, and lookt at his body, he had some blood started out of his shoulder, and he had eight or nine marks of violence about his side, and back, and was bruised in a violent manner: his left side was turned yellow and green.

Q. What did the blow seem to be given with?

Salter. They were bruises and violent blows, they were not given with a rod or whip.

Henry Salter . About eleven or twelve weeks before the deceased died he came to my house; I thought he might be run away from his master, and he said, Oh uncle, I am dead, I am killed, I am murdered ; my wife said, I never heard a dead person speak ; he said, his master had beat and abused him, and starved him, so that he could not live; he drank part of a pint of beer; I asked him to eat some cold beef, but he could not eat any; he drank a second draught, and as soon as he had drank it, his ordure came from him: as he complained so of being beat, my wife stripped him, and looked at his body; he was very much bruised, and his left side was turned yellow, and about his lower rib on the right side it was as black as my hat, and in some places yellow. I went to the prisoner's house with the boy, and his wife opened the door; the boy was afraid to go in: I said to the boy, don't be afraid to come in, and she said, what is this the rogue your uncle, you called so many names. I went up to the prisoner, and told him how he had abused him, and he said, he had never beat him, but with such a thing as that, and shewed me one of these; and said he never did him any more hurt; I said, that could never make those bruises about him; I said, Mr. Gilbert, I hope he will prove a good boy: so I came away and never saw him after till he was dead.

Q. When was this?

Salter . This was the latter end of November last.

Q. Do you know when he died?

Salter . No otherwise than as I was told; they said he died on a Sunday, about eleven or twelve weeks after this. He had been dead seven or eight days before I saw him, and I don't suppose I should have known any thing of it, if he had known where to bury him.

Elizabeth Hackett . I live at Newington-Butts, I am the deceased's Godmother; his father and mother died within a fortnight of one another, and he was taken into Newington workhouse, and was put out apprentice from thence. The prisoner beat him and abused him sadly, and bruised him from head to foot.

Q. When did you see the deceased?

Hackett. About ten weeks ago, I think it was in Christmas holidays that he was with me, he complained of being beat and abused. I went to Gilbert's, to ask him the reason why he used him so, and he called me old b - h, and threatened me, if ever I came there again.

Q. In what manner was he abused?

Hackett. He was bruised sadly upon his ribs, and his jaws were torn almost asunder, and the sides of his jaws were as black as ink.

Q. What age was he?

Hackett. If he had lived, he would have been fifteen years old to-morrow.

Jane Tinsell . I live in a room underneath Gilbert's. About eleven or twelve weeks before the boy died, I heard Gilbert beating him most unaccountably on a Sunday in sermon time; I said for the Lord's sake, don't beat him so; and the boy said, don't beat me so, if you do you will kill me, and he said, d - n you, you dog, I will kill you; and he said, if beating would have killed him, he should have killed him before now, and it was a pity he had not killed him. The boy had a sore leg, and he beat him upon his legs; the boy cried out to him, not to beat him upon his legs, and he said he would, and the more the boy cried out, the more he beat him.

Q. Have you any thing more to say?

Tinsell. I have heard him beating him since two or three times in a day, and on the Wednesday before Salter died he beat him.

Q. Did you see him beat him?

Tinsell. No, I never saw him beat him; I only heard him.

Q. Then how are you sure it was the boy that was beat.

Tinsell. I knew him by his voice and his crying, and by that I could swear to him.

Q. In what manner did he cry?

Tinsell. He cried pretty loud, and I heard the prisoner tumbling and beating him about.

Prisoner to Cole. Did not I beat you more than I did the other?

Cole. Yes, more sometimes.

Q. Have you been cruelly used by the prisoner?

Cole. Yes, I have been beat till my back was all bloody, only for over shooting a drop Lee, which is of no signification at all.

Sarah Brown . I live over against the prisoner's, he has beat his apprentices two or three times in a day; the Wednesday before the deceased died, he beat him in a violent manner .

Q. How do you know that it was Salter that was beat?

Brown. Because Cole. said, it was not him that was beat.

Q. Did you know his voice?

Brown. Yes, I knew his voice from the others?

Q. When did he die?

Brown. He died on the Sunday morning.

Q. Did you see him after he was dead?

Brown . I saw him on the Monday morning, dead in his coffin.

Q. Was his body bruised?

Brown. Yes, it was bruised in a barbarous manner from head to foot; there was a bruise on his right side, under his breast, as big as the palm or my hand; and his arms down to his fingers ends , were bruised all to a mummy. There were two great holes in his right leg, supposed to come by kicks.

Q. Did you see any marks about his face?

Brown . The lower part of it was black; but they said, that was occasioned by the swelling of his tongue; in closing his mouth to get his tongue in.

Ann Landey . I am one of the searchers. The prisoner desired me to search the body of the deceased, and upon searching the body, I found it was bruised very barbarously; there was not a free place about him.

Q. In what manner did he appear to be bruised?

Landey. In a very barbarous manner. Both his hips, and one of his knees were bruised. There were about a dozen places that were very black. I turned him all round, and he was bruised from head to foot. The prisoner wanted me to give him a note to bury the body, and I told him I would not; for the thing should be looked into.

Elizabeth Bettule . I am one of the searchers, I examined the body, and there was a great bruise on the right side, and bruises on the left side, and on his arms, which is uncommon to see in a dead corps. I asked Mrs Gilbert the reason of it, and she told me he tumbled over the bed post.

Mary Paine . I live next door to the prisoner. I have heard blows and cries almost for ever.

Q. Who was it that cried out?

Paine. It was Salter.

Q. How long was that before he died?

Paine. Three or four weeks, I can't say justly how long. I have often quarrelled with the prisoner's wife about it, (for she would beat him too) and asked her how she could use the poor boy so; and she said, I had no business to trouble my head with it, for the more I spoke, the more she would beat him . I have seen Mr. Gilbert knock him about the yard . His body was bruised on both sides, and one of his legs was quite mortified .

Q. Had not he a sore about him?

Paine. I never knew that he had.

Mary Goodine . I live next door but one to the prisoner; I have heard Salter vastly beat and abused.

Q. Who was he beat by?

Goodine. He was beat by his master. And there were such outcries, shrieks, and lamentations, that made our hearts bleed to hear them.

Q. Was that occasioned by any blows that he received from the prisoner?

Goodine. Yes, and I have heard the blows in our yard, and I often used to have words with Mrs. Gilbert about it, and she used to make complaints of the boy's fouling himself.

[One of the witnesses said, that in the cold frosty weather, Mrs. Gilbert made the deceased go out into the yard, and break the ice, and wash his own shirt that he had souled.]

Thomas Day . I was desired by the surgeon of Bethnal Green Hamlet, to assist him in opening the body of the deceased, upon a supposition that his death was occasioned by the cruelty and severity of his master: and upon taking a view of the body, I observed several bruises upon the trunk and limbs, and one upon his face. There was a very large bruise on his right side under his lower rib.

Q. How do you apprehend that might come?

Day. I apprehend by a blow. Seeing this very large bruise, we judged it advisable to have the body opened, we opened the body five days after his death, and upon examination, I found the internal viscera found; only there were two very large adhesions, one of the lungs to the pleura, and the other of the liver to the diaphragma. Upon farther search it did appear by other symptoms that the boy had an inflammation in the throat, which I apprehend brought on convulsions, and put an end to his life; for his fingers were all contracted, and his nails were black: his lower jaw was locked up, and the lower maxillary glands were larger than common; and that was the antecedent cause of this inflammation in his throat. Whether this came merely and absolutely from that cause without some other cause, or whether it was attended with other circumstances, is doubtful. But my humble opinion is, that this violent inflammation brought on a symptomatic fever, and this got the ascendancy over him, and occasioned his death. Violent blows do always occasion symptomatic fevers, and these fevers do occasion inflammations. And the boy suffered a great deal by cold, for it was a most severe season, and there was a succession of illness from the time of beating to the time of his death.

Q. Then you think there was a symptomatic fever occasioned by the blows, and that occasioned the inflammation in his throat?

Day. I say, that, together with the cold the boy endured, might occasion it. But in my humble opinion, the case is something doubtful, whether it was the cold absolutely, or the symptomatic fever which concurred with it, that occasioned this inflammation; for this examination of the body was five days after his death, and a corps may alter very much in that time.

Q. What was the immediate cause of his death?

Day. The convulsions were, and they were occasioned by the inflammation; but whether the inflammation came absolutely from the cold, or from the symptomatic fever, I cannot positively say. There was the adhesion of the lungs to the pleura; which proceeded from some other inflammation , and the adhesion of the liver to the diaphragma, and that might be occasioned by some former inflammation, that had seized this person, and terminated that way.

Q. Might this inflammation proceed from violent blows?

Day. It might proceed from them.

Q. Do you think this boy's death was occasioned by the blows he received from his master?

Day. The boy was a poor emaciated creature, and not fit to be used as he was, if he had been a person of an athletic body, he might have bore this. I will always make a difference in subjects; but he was a poor emaciated subject, and was not able to bear it. I never saw him when he was living.

James Cobb . I received an order from an officer of Bethnal Green Hamlet, to view the body of Salter, on account of its being supposed that he died by the severe usage of his master. There were several bruises on the trunk of the body, and the limbs: there were some bruises upon his face, and there was a bruise under the lower rib on the right side. I wanted to know how far the bruises had affected the internal viscera, and upon opening the body, I found the internal viscera to be found; but there were two adhesions, one of the right lobe of the lungs to the pleura, and the other of the liver to the diaphragma, which I apprehend proceeded from some former inflammation, and there was an inflammation in the throat, which might be the occasion of the boy's death: but it is a difficulty with me to determine whether this inflammation proceeded from the fever only, or from the cold, or some other cause , or concurring causes; such as frequent violent beatings; and I do think they might occasion the symptomatic fever; and that with the coldness of the season, might have produced such an inflammation that occasioned the boy's death. And if proper remedies had been applied, I apprehend it would not have been attended with such consequences.

The PRISONER'S DEFENCE.

Prisoner. There was a great stick lay upon the side of the loom, and that boy, Cole, struck the deceased several blows with it, and I took the stick away, and did beat him pretty well for it; and I understand by my wife, that he beat him every day that I was out. His talk was to work but 9 hours a day, and there was not half his work done. I used to complain, and say, Tom, what are you at? He was well enough on the wednesday morning before he died, and was taken ill at night.

John Elks . I worked as a journeyman to the prisoner, the deceased worked with me, and on the wednesday before he died he had neglected his work, and I asked him in the evening why he did not work; he said, he could not stand upon his legs; and the prisoner said, if he could not stand upon his legs, I must get somebody else to draw.

Q. Do you know any thing of Cole's beating him?

Elks. Yes, many a time.

Prisoner. He beat him ten times more than ever I did.

Q. What did Cole lick him with?

Elks . With a stick, or any thing he could get.

[The prosecution was carried on at the expence of the parish, Justice Mussell of Bethnal Green being church-warden, Mr. John Woolveridge , overseer of the poor of the Hamlet of Bethnal green, attended as prosecutor; and had leave granted him to ask the witnesses any questions he thought material.]

Woolveridge, to Elks. Who beat the deceased on the Wednesday night before he died?

Elks. His master did.

Prisoner. Who beat him that night?

Elks. You did, and I lighted you. I would not tell my master what little work the boy had done that day, because he was a little in liquor; and I told him how ill the boy was; but however, he went up stairs, and hit him two or three blows with that one lashed whip; but not blows that could hurt him I am sure.

Q. How can you tell that?

Elks. Because I lighted him to do it.

Woolveridge . I ask you whether, when the apprentice beat him, it was not by his master's order?

Prisoner. I wonder you don't swear it.

Elks. Yes, I have heard him bid Cole beat him.

Q. Did you never see Cole beat the deceased , but when his master bid him?

Elks. No, and I have heard my master say, when he went out in the morning, rib him.

Cole. I have seen my master pinch him, and hit him such blows with the handle of a hammer on the head, enough to knock him down. He never let us go out; and when he went out, he would lock us into the house.

Q. What clothes had you?

Cole. We had only our old clothes in the house. which would hardly hang upon our backs.

Q. What covering had you to the bed?

Cole. We had only our own clothes, and an old blanket upon the bed.

Prisoner. Did you ever want victuals?

Cole. Yes, sometimes.

Justice Ricards. When the prisoner was brought before me, there was no other witness to examine, than that boy who is his fellow apprentice. I examined him very carefully, and bid him not be afraid of his master, or any body; and told him he should suffer nothing from any body. I asked him whether the prisoner beat the deceased with any unlawful weapon; he said he beat him with a little stick. I asked him what was the reason of his beating him; he said, because he would not work. I asked him again what he used to beat him with, and he said, only with a little stick, and that only when he would not work. I found he was very unwilling to discover any thing, and that he was in a terror. I would have persuaded him to have spoke more freely, but I could not.

Prisoner. That honest man I suppose, has been tutoring my apprentice.

Woolveridge. I saw the body on the Thursday and viewed it from head to foot, and it was such a spectacle, as I never saw in my life; I gave orders for the coroner to be sent for, and he ordered the body to be opened. I got two surgeons, Mr. Day and Mr. Cobb, to open the body, and I desired Mr. Gilbert to get another surgeon for him, that nothing might be thought to be done in a clandestine manner, and he got a gentleman, who is in court. I carried the prisoner before Justice Ricards, and the boy was examined; and in order for the security of the boy, that he might be forth-coming as a witness upon the trial, by the approbation of Justice Ricards, I took him home to my workhouse: I told the Justice that I would take care of him, that no body should say any thing to tutor the boy. And I have taken as much care of him as I could, to do justice on both sides.

Samuel Wathen . I was sent for, on Friday the 1st of March, to be present with the two other surgeons, to examine the body of the apprentice, who it was supposed had lost his life by bad usage. There were several bruises on the outside of the body, but none of these bruises were the occasion of his death; the principal bruise was on the lower part of the right side, under the lower rib. I examined the interior part of the body, and found all the viscera found, and in good order. There was an adhesion of the lungs, which I impute to some former inflammation: and I apprehend the boy's death was not occasioned by the bruises on the skin, which was demonstrated not to extend farther than the flesh.

Q. Do you think that any of the bruises were the occasion of the death of the boy?

Wathen . By no means, for they extended no farther than the skin, as I demonstrated to several on the coroner's jury.

Q. What do you take to be the occasion of his death?

Wathen . He had laboured under the disorder of a quincey, and all the glands were greatly swelled above the common size; and in my opinion this quincey, and the inflammation which was occasioned by it, was the cause of his death.

Woolveridge. I desire to know upon your oath, whether you did not say at the opening of the body, that the bruises the boy had received accelerated his death.

Wathen. I believe the bruises and blows might have hastened his death, but the quincey was the occasion of his death.

Q. Did you or did you not say these words, that these blows accelerated his death?

Wathen. I did say those words; but I do not think that those blows had any effect upon the interior part of the body, so as to occasion his death.

John Oake . I am a butcher; I have served the prisoner with meat about a year and an half, and have commonly taken six or seven shillings a week of him, for beef, and he would very often buy prime pieces. Guilty Death .

231. + Stephen Parsons , of St. Martin's in the Fields , was indicted for stealing a silver chocolate pot, value 7 l. 10 s. a pair of silver snuffers, value 15 s. a pair of silver tea-tongs, value 8 s. a silver stockbuckle, value 4 s. the goods of Sir Simeon Stuart , in his dwelling house , Octo. 10th .

Sir Simeon Stuart . I have a dwelling house in York Buildings . I was in Suffolk when this accident happened. The prisoner had been a late servant of mine: I had notice sent me, that my house had been robbed, and that some of my pieces of plate were found at a pawnbroker's. The plate was locked up by me when I went out of town in a strong box, and left in my dining room window; the brass hinges were taken off, which was done by a person of judgment. I am very well satisfied these pieces of plate are my own.

Elizabeth Warwick . I am servant to Sir Simeon, the prisoner lay in my master's house, when he was out of town.

Sir Simeon. That was after he was discharged out of my service; I discharged him in Suffolk, without a livery, or any badge belonging to me.

Warwick. I did not know that, for he came to the house, and said, he came to town upon business of his master's, and I let him lye in the house about three nights. I can positively swear the box was very safe when he came into the house.

Q. When did you miss the plate?

Warwick. Mr. Reason a silver-smith discovered it to me; he came and asked me, if I had not lost something; I looked in the dining room, and found two boxes broke open, and plate and wearing apparel gone. The prisoner went away in the morning; and Mr. Reason sent to me about the chocolate pot, with Sir Simeon's coat of arms, about five in the evening, and I found it there.

William Reason . On the 10th of October last, about three o'clock in the afternoon, the prisoner came to me, put his hand in his pocket, and pulled out the lid of a chocolate pot: I asked him where the other part was; he said, there was a coat of arms upon that, and he did not care to sell it. I thought there might be some weightier concern than that; and he said, if I would buy this, he would return in two hours; so I weighed it, bought it, and paid for it, and then he pulled out the snuffers and tea tongs. He not coming that evening, I directed my wife that if any person came with any plate, to secure him; and the next day the prisoner brought the chocolate pot. I advertised it, and my brother-in-law, an engraver in arms, having the honour to work for Sir Simeon, he directed me to go to York Buildings, and there I saw Mrs. Warwick, and asked her if she was robbed; she said she was not; I said, I am sure Sir Simeon is, for I have some of his plate; then she went to look, and missed it: she said, there was a raw boned young fellow, who had been servant to Sir Simeon, lay in the house; and she was sorry, as she recommended him, that he should be the thief. The Prisoner is the person who brought the lid of the chocolate pot, the tea-tongs, and stock-buckle.

Mary Reason . On the 11th of October the Prisoner brought this chocolate pot to me to sell. I put it into the scale, and weighed it, sent for assistance, and secured him.

Prisoner. If you say this, you will say a thing that is wrong, for I am not the person that brought the things to your house. My master discharged me in the country, and I came to the housekeeper, and told her, my master had turned me away, and would not give me a character. She let me lie there two or three nights, but I know nothing of these things. I went to work in a rope-yard, and afterwards enlisted myself as a drummer in the first regiment of guards. Guilty Death .

232. + John Smith *, of Tottenham , was indicted for breaking and entering the dwelling-house of James Chapman , between 11 and 12 in the night, and stealing two tablecloths, value 3 s. and three towels, value 4 d. the goods of James Chapman , March 27 .

* He was an accomplice with and evidence against William Smith , (who had been a horse-grenadier) for breaking and entering the dwelling-house of Mr. James Jeffs at Hamstead. See Sess. Paper, Num. II. Part 2. p. 79. trial 128. in the mayoralty of Sir Rob Willimott , Knt.

James Chapman . On the 27th of March last I went to bed between 10 and 11, and all was safe. In about an hour's time I was called up by my brother. I struck a light, went into the parlour, and found the Prisoner there, and the window open. He had got a bag or a sack with two table-cloths and three towels of mine, and he said, For God's sake let me go, for I have taken nothing out of the room. I never saw the Prisoner before that afternoon, and then he drank a pint of beer.

Charles Jordan . The Prisoner signed his confession freely before Justice Tashmaker of Edmonton , which is to the following effect, viz.

'' John Smith being charged before me by James '' Chapman, victualler , with entering his house, '' &c. faith, That on the 27th of March, between '' 11 and 12 at night, he entered the parlour '' at the back part of the house of James Chapman , '' and took two tablecloths, three towels, '' and other things of small value, the property of '' him the said James Chapman , and stuffed them '' into a bag. And he does own, that he entered '' the same parlour to take the goods; having a '' wife and family, and little business to do.

March 27. 1745.

JOHN SMITH .

(Signed) MERRY TASHMAKER .

Acquitted of the burglary, guilty of the felony .

[Transportation. See summary.]

233. Isabella Cable , of St. James's, Clerkenwell , was indicted for stealing a sattin gown, value 9 s. two shirts, value 10 s. a muslin hood, value 2 d. two pair of ruffles, value 6 d. a pair of sleeves for a shirt, value 18 d. a skirt of a coat, value 12 d. and five stocks, value 2 s. the goods of Richard Knight , April 21 . Guilty .

[Transportation. See summary.]

234. + Mary Gray , of St. Giles in the Fields , was indicted for stealing two guineas, the property of John Smith , privately from his person , March 20th .

John Smith . About three weeks ago, between 11 and 12 at night, I went into a house to drink a pint of twopenny; and being out later than I used to be, I went and sat down in a shed in the yard, and fell into a slumber. I was a little in liquor. I felt somebody's hand in my pocket, and caught hold of the Prisoner's hand while it was in my pocket. She jerked her hand out of my pocket, and run away directly with my money in her hand. I had received the two guineas that afternoon about five o'clock, and was to have received eleven more. I felt them in my pocket about a quarter of an hour before I went into the house, and buttoned them into my pocket.

Q. Was it dark?

John Smith . Yes, it was dark. When she run away, she run directly into the house, and bolted me into the yard. I knocked at the door, and the people of the house threatned me, and would not let me in. I staid in the yard till six o'clock in the morning.

Mary Summer . I live at the King's head in James street. About one o'clock in the morning the Prisoner came in with two watchmen, called me out, and asked me to change a guinea for her as a great secret, and I changed it. Acquitted .

235. + Lettice Lynn , of St. Mary, White-chapel , was indicted (together with James Devereaur , not taken) for breaking and entering the dwelling-house of Matthew Wood , about the hour of one in the night, and stealing four gold rings, value 4 l. one pair of silver knee-buckles, value 10 s. a pair of sleeve buttons, value 1 s. a pair of studs, value 18 d. a moidore, value 27 s. one piece of Portugal gold coin, value 36 s. nine guineas, value 9 l. 9 s. half a guinea, value 10 s. 6 d. and eleven shillings in silver, the property of Matth.ew Wood .

Matthew Wood . I live in George-yard, White-chapel : I am a lighterman . On the 2d of August I had my house broke open, and robbed of the money and things mentioned in the indictment. I went out to work the 2d of August, and when I came home the next day, I found my window-shutters down, and the windows open.

Mary Wood . I lost the things above mentioned; and in particular there were two rings that I put a great value upon; one my mother was married in, and one I was married to this gentleman in [the Prosecutor.] I asked the prisoner concerning those rings, and she said, D - n my eyes, I will not confess any thing of the matter.

Martha Smith . My master was going out to work in Salisbury-court, as a lighterman, between twelve and one at night, and my mistress went to see him a little way, because he was in liquor, and I went along with them. My mistress sent me back again, and told me she would return presently, but did not. When I came back, I saw the Prisoner, Lettice, at the door, and a man along with her, who I did not know.

Q. Did you know the Prisoner before?

Smith. I don't know where she lives. I have seen her go two or three times down the yard, but I never had any thing to say to her. They had unpinned the window-shutters, and had taken them down. I asked her, what she was doing of? She said, my master and mistress had sent them to take care of the house that night, for my master was in liquor, and had got into a little trouble.

Q. What sort of shutters were they?

Smith. They were outside shutters, sliding shutters, and pinned on the inside.

Q. Did the prisoner go into the house?

Smith. I saw her and the man go into the house. She lifted up the sash , and went in at the window. They would not let me come in, and I thought my mistress had sent them.

Q. Did you stand on the outside all the time?

Smith. Yes, till after they went in. The next morning my mistress sent me the key.

Q. Where did you go that night?

Smith. I went to the next door neighbour's house, and staid there all night.

Q. You say you set out with your master and mistress, how came you to come back without them?

Smith. Because my mistress sent me back, and said she would be at home as soon as I. The next day my mistress sent her cousin for some money, and when my mistress's cousin and I went into the house, the Prisoner was in one of the rooms lying upon the bed; and she and the man told us, that no body should have any money, or any thing else, out of the house, without a note from under the hand of Matthew Wood . My mistress's cousin opened the closet, and told the money over; but they would not let her take any, so she went away without it. The Prisoner and the man went up stairs directly. When I came to the stairs head, I saw them at the closet door, with a piece of an iron bar. I run directly into the room, and said, For God's sake, don't rob my mistress. With that the Prisoner struck me, and the man knocked me down. She had a knife in her hand, and swore, if I came near her, she would rip me up with this knife [the knife was produced, a common table-knife] and when they had got the money and things out of the closet, they run away. Before my mistress's cousin went out of the house I saw the man put up four gold rings, nine guineas, eleven shillings, and a pair of silver buckles, &c. into the closet.

Q. When did you see the money?

Smith. When my master sent his cousin for the money; I saw it about a quarter of an hour before I saw them at the closet, with an iron rod, attempting to break the door open.

Prisoner. The last witness is a common woman of the town, and wants to swear my life away.

Sarah Waters . My cousin Wood sent me to her house for some money; when I went into the house, the prisoner was upon the bed; and a man in the room: I went to the closet to get the money, and told it over twice, there were 9 guineas and an half, a moidore, a 36 s. piece, eleven shillings in silver, four gold rings, a pair of silver buckles, and a pair of silver studs; she got off the bed and she and the man would not let me touch the money without a note under my cousin's hand; so I locked the money up again in the closet, and went back to my cousin.

Q. Was Martha Smith by when you told the money?

Waters. She was with me, I put the money into the closet again, and locked it up. She went to acquaint my cousin, that the lock was broke open, and I met her as I was coming back.

Prisoner. I have been ever since the 1st of August in the new goal in Southwark upon this account: I was committed by Justice Clark; the prosecutor told me it signified nothing my being in the new goal, he said, That is not half satisfaction enough for I will hang you, for the sake of the reward, by the best neck you have. Matthew Wood stopped a man, and it cost his mother 10 l. to make it up, and his wife was indicted for receiving stolen goods.

Thomas Price . Mary Wood * was charged not long ago with buying some soap that was stolen. I took twenty four pound of soap from Wood's, and found the sirkin the soap was in, and took as many books there, as were worth 25 l. - Martha Smith has but a very indifferent character.

* Mary Wood was committed to New Prison the 20th of December last, for receiving a sirkin with six pound of soap, knowing it to be stolen, and was discharged in January Sessions, at the goal delivery, for want of prosecution.

Q. What do you say to Sarah Waters ?

Price. I can say nothing to her.

Pris. I was a lodger in Matthew Wood 's house, at this time, and had been there three nights.

Mary Wood . She never lay in my house but one night, and she gave me two pence for a bed.

Q. to Martha Smith . Was the prisoner a lodger in Wood's house at that time?

Smith . No, indeed she was not then.

Q. to Waters. Do you know any thing of her being a lodger there?

Waters . I do not; I never was in the house before.

Q. to Smith . It is surprising you should see these people break open the house, and not apprehend them.

Smith. They said they came with an order from my master and mistress to take care of the house.

Q. You say you went to a neighbour's house that night, did you tell them of these people being in Wood's house ?

Smith. They were in bed.

Prisoner. Mecum was the first man who went into the house. Smith lives with my lawful husband. The 28th of July we stopped one John Bird , and this Mary Wood took his watch. Guilty Death .

236. John Price +, was indicted for stealing 4 razors, value 6 s. 2 penknives, value 12 d. and a silver case of phlemes and two wooden drawers , the goods of Ann Wilsted , April 9th .

+ A boy about 11 years of age. He was evidence against Dumbleton and Wild, two boys, who were ordered for transportation in April Sessions, in the mayoralty of Sir Robert Westley Knt. for stealing some pots, &c. from the Fountain Tavern without Newgate.

Joseph Lowe . The prisoner took these out of my mistress's shop, and Bibby's mother told me I might find them at Henry White 's, in Shoe lane, and I found part of them there.

Sarah Bibby . I saw John Price take these things out of Mrs. Wilsted's shop, and he carried them to Elizabeth White 's. There was a silver case of phlemes, four razors, and two penknives.

Q. How do you know he carried them there?

Bibby. Because I followed him, and Mrs. White gave him 6 d for them, - Not in money, but rubbed it off the score.

Q. Do you know the prisoner?

Bibby. I have known him about two months, because he used to buy oranges and oysters of my mother at the Ram Inn in Smithfield. Guilty 10 d.

[Transportation. See summary.]

237. Elizabeth Rich , was indicted for stealing a lanthorn, value 2 s. 6 d. the goods of George Harrison , April 24th .

Matthew Stennett . This lanthorn was nailed up upon the stair case, at No I. in the King's Bench walks in the Temple . It was found upon her in her apron, but she said she found it upon the stairs; she went very readily with my man to Mr. Harrison's, and delivered it, and wanted something for carrying it. Guilty 10 d.

[Transportation. See summary.]

238. + Michael Burchall , of St. Botolph without Aldgate , London, Gent . was indicted for the murder of James Sparkes ++, (on the 21st day of August last) by giving him a mortal wound with a wooden stick, on the back part of the head, 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, and then, of the said mortal wound, died. And James Diamond , William Harding , Edward Morgan , and divers other persons to the Jurors unknown, for aiding, assisting, abetting, comforting, and maintaining the said Michael Burchall , to commit the said murder. And therefore they the said Michael Burchall , William Harding , Edward Morgan , &c 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 for the murder of Sparkes [a watchman of Portsoken Ward] in October Sessions in the mayoralty of Sir Robert Westley and acquitted. See part 2d. page 257. trial 466. William Harding was tried for the same murder in December Sessions in the present mayoralty and acquitted. See Sess. paper part the 3d. page 52 trial 105.

There was no charge against him on the coroner's inquisition.

Mr. Harrison, Surgeon. Sparkes was brought into the London Infirmary, by Mr. Day, the beadle of Portsoken ward, on the 22d of August, and continued till the 7th of September, when he died.

Q. Do you know what he died of?

Harrison. He died of a wound he received upon his head.

Q. Where was the wound?

Harrison. It was on the fore part of the head, a little above the right ear.

Q. Was there any other wound upon his head?

Harrison. There was a wound on the back part of the head, which was very trifling, and did not at all contribute to his death.

Q. What do you think as to the wound by the right ear?

Harrison. I think it was the occasion of his death. The bone was laid bare, and he had all the symptoms of a concussion of the brain that could be, which was the reason of opening the head; and between the dura mater and the brain there was a large quantity of matter.

Q. Does that follow a concussion of the brain?

Harrison. very frequently, and when it does, it is generally fatal.

- Morgan, [brother of Edward Morgan .]

Q. Do you know James Sparkes , and how he came by his death?

Morgan. I don't know any thing of that.

Q. Do you know the prisoner?

Morgan. Yes.

Q. Did he kill him?

Morgan . That's what I can't tell, he came that night to a house I was a servant at, he and several more.

Q. What house was that?

Morgan. The 7 Stars in Whitechapel. The quarrel at Aldgate watch-house was that night, on Tuesday night the 21st of August.

Q. Did you see the prisoner that night?

Morgan. Yes, I saw the prisoner, and four or five more.

Q. Do you know any thing that passed in the quarrel?

Morgan. No more than what he said when he came into the house, that he had lost his hanger in the quarrel.

Q. Did the prisoner say any thing else about what happened at the quarrel?

Morgan. No.

Thomas Rawlinson . When I first heard of the quarrel, I was at some distance?

Q. What time was that?

Rawlinson. It was about 11 o'clock at night. There was an outcry of watch, and one Diamond run down Chequer yard, and some of the watchmen came to their assistance Mr. Burchall passed by me at the end of the yard, and drew his hanger , and said he would fight for his King, and his country*; but he did not go down the yard.

* Burchall was a sergeant of marines, and went out with Commodore Anson to the South Seas, and is the only marine that survived that voyage, and came back with the Commodore to England.

Q. Did you see what passed afterwards?

Rawlinson. No; I was gone before they came out of the yard.

Q. What was the running down the yard for?

Rawlinson, I heard it was for striking the watchmens lanthorn, by Diamond.

Q. What became of Diamond?

Rawlinson. I don't know, they were all of them strangers to me.

Q. Do you know any thing of Burchall's going into the yard?

Rawlinson. I did not see him go down while I was there. He drew his hanger , but I did not see him cut any body, the mischief was done in the yard.

Q. How far was that from you?

Rawlinson. It was about thirty yards down the yard; and I was at the end of the yard.

William Bagshaw . On the 21st of August at night, I was coming from the Oliver's Porter in Harrow alley, and heard a noise of murder cried; some of the watchmen came towards me, I believe there were four or five of them (I thought at first it had been a watch night) and presently I heard a noise and murder cried. I saw a man stand with a drawn hanger over his head, and crying the Centurion three times, and I saw several men come to his assistance directly, and they run down towards the watchmen.

Q. Do you know the man that had his hanger drawn?

Bagshaw. No, they said his name was Burchall.

Q. Should you know him again?

Bagshaw. I can't say that I should; 'tis some time since.

Q. Look at that man; can you say that is the man?

Bagshaw . No, I can't say that is the man.

'' The watchmen attended to give evidence (as '' they did upon the former trials) but as they could '' only speak to the fact in general, and not to the '' person of the prisoner, they were not examined.''

There being no evidence, with respect to the person of the prisoner, he was acquitted .

239. 240. + William Smith and John Smith , of St. John the Evangelist , were indicted for the murder of William Worthington , on the 1st day of March last, by casting and throwing him upon the ground: and when he was lying upon the ground striking and kicking him, on the head, neck, stomach, back and belly; and thereby giving him several mortal wounds and bruises, of which he languished from the said 1st day of March to the 4th day of the same month, and then of the said mortal wounds and bruises died .

They were also charged, on the coroner's inquisition, for feloniously slaying the said William Worthington .

Gilbert Metcalf . I live at the Ship in Barton-street, Westminster . William Smith [the Son of John Smith ] and the Deceased were at my house, on the 1st of March, playing at skittles or nine-pins, and afterwards they came into the house, and played seven or eight games at cards. A dispute arising about a shilling, William Smith said that Worthington had taken it up, and the other charged Smith with it. Then they began to have high words; and William Smith said he would have it out of his bones, or words to that purpose; and challenged him to fight: Worthington would not, but got up and went into the skittle-ground, and I thought he had been going home. William Smith pushed by me , and run after him into the street.

Q. Did you see them fighting?

Metcalf. I saw them pushing at one another.

Q. Did you see William Smith strike the Deceased?

Metcalf. I saw him make several motions at him: he might strike him for what I know.

Q. Did you see the Deceased making water?

Metcalf. Yes, and while he was doing it, William Smith fell upon him.

Mr. Metcalf's servant. William Smith and Worthington had been playing at cards, and there were eight games due to Smith, and he said, he would have the shilling: the other refused it him. William Smith said, if it was not for the law, he would knock his head off; and Worthington said he would take no other law of him than what his hands gave him. Worthington went out of the house to make water, but before he had done it, William Smith followed him and struck him. They fought, and I took the Deceased up two falls, but the third fall I was not time enough; and the old man [ John Smith ] said, You dog, what do you mean? and William Smith hit me a slap on the face, and after Worthington had made water, they fell to it again.

Q. How long had John Smith been there?

Witness. He was but just come in.

James Frazier . William Smith and Worthington were playing at cards , and Smith said, D - n you, you have taken up the shilling. Worthington said, he had taken nothing but what was his right, and William Smith said, D - n you, if it was not for the law, I would knock your head off your shoulders; and Worthington said, I won't take the law of you. Then the Deceased went out and put himself in a posture for making water, but I don't believe he made any; for at that time William Smith attacked him, and John Smith came in immediately, and bid his son strip.

James Wright . I had taken the deceased up two falls, and I took him up the third, and he said he wanted to make water: Then William Smith pulled his clothes off; and when the Deceased was making water , he fell upon him, and the Deceased had another fall afterwards, which was the last fall. John Smith said to the Deceased , D - n you, if you are a man, why don't you fight?

Q. Did they seem to fight by agreement, or did the Deceased seem as if he would have gone away if he could?

Wright. They both consented to fight?

James Cooper . I was at Mr. Metcalf's that evening at the conclusion of this affair.

Q. Did you see them fighting?

Cooper. No, but I saw one of them fight. The Deceased was not able to fight, and the old man came and held the Deceased up for the young one to beat him, and said, What! do you want to take breath? and they fought again. After they had been fighting, the son endeavoured to strike the Deceased when he was down, and hardly able able to rise off the ground, but I prevented it.

Prisoner's Council. You say the old man held the Deceased up to be beat by William Smith ; was the Deceased's back or his face towards him?

Cooper. His back was towards John Smith 's breast. There were several people by that saw it.

Pris. Coun. You say there were several people there, and no body saw this but you: I suppose they were Englishmen; and you say that they stood by, and saw him beat: was that like an Englishman?

Cooper. They would not see: but I saw that the Deceased was not able to fight; and there were some people by, who, if they had had either honour or honesty, would have done as I did.

Ann Cleaver . Hearing a great noise in the street, I went out and saw the Prisoner and the Deceased fighting. Mrs. Worthington desired me to part them. William Smith was hawling him down by the hair of his head. I said, Don't pull him by the hair (for he had a great head of hair) you seem to be too many for him: And somebody who was behind William Smith backed him on to strike the Deceased; and then they fell to fighting. I said to the Deceased, William, come along, don't fight any more: and somebody behind William Smith said, If he won't fight, do you lick him.

Thomas Astley . [apothecary] On the 2d of March last, about six in the morning, I was knocked up to go to the deceased; I found him exceeding full of pain, and he could not make water; he had all the symptons of a mortification upon him, and seemed in a dangerous way; I asked him, where the seat of his complaint was, he said it was about his bladder, and believed it was occasioned by what happened the day before; he said he was in company with one Smith, and they had some words, that he went out to make water, had got his penis in his hand, and was knocked down and pulled back; that Smith obliged him to fight, and in the middle of their fighting he begged to make water, and it was refused him. This he told me, he was as honest a man, and as industrious a man, as any in his capacity.

Q. Did you not probe the man?

Astley. I went for a surgeon, and I felt of the parts, and found there was no retention of urine, and the surgeon said, he had no great quantity of water in the bladder; and the surgeon did endeavour to cause him to make water; the next morning Mr. Presgrove introduced the Catheter, but there was no water came.

Robert Heathfield surgeon. I was desired by Mr. Astley to pay a visit to Mr. Worthington, and I found he had a violent pain in the abdomen, which I took to be upon the neck of the bladder; he ordered a somentation in order to relax the parts, and I think Mr. Presgrove was called, and he endeavoured to introduce the Catheter, but could bring away no water. Mr. Presgrove advised him to the warm bath, as he was going there he saw Mr. Cheselden, and he introduced the Catheter, and he brought a little water off his bladder, I believe about three or four ounces. I opened the body, and there was some water in the bladder, and something of an inflammation that extended itself near the bladder. I could not see any bruise on the parts, but in taking off the outward skin, I found there was a mortification on the upper part of the bladder, which I apprehend was occasioned by the retention of urine; his having something of a desire to make water, and holding it so long as he did, must be the occasion of a violent inflammation of the parts, which occasioned the mortification, and I believe that was the occasion of his death.

Q. Do you apprehend any of the blows he received in fighting, was the occasion of his death?

Heathfield. I don't apprehend that any of them was the occasion of his death. I put my probe into his nose, and there was but a trifling wound; and I found the bone of the nose fractured, which was a surprising thing to me, but I don't think that was the occasion of his death.

Q. What other bruises were there upon the body?

Heathfield. None that I saw.

Q. Had he a retention of urine before?

Heathfield . I asked him that question, and he said he had not. John Smith Acquitted . William Smith , Guilty of Manslaughter .

[Branding. See summary.]

241. + John Sutton [a black] of St. James Clerkenwell , was indicted for that he, on the 2d day of March upon Mary Swain spinster, did make an assault, and her the said Mary, wickedly, unlawfully, and feloniously did ravish, and carnally know and abuse, against the form of the statute .

Mary Swain . [A mulatto] first and foremost Mary Sutton [the reputed wife of the prisoner] came to our house, and asked for my mother; I told her my father and mother were in bed - This is about seven or eight weeks ago. Then she desired me to come and sit with her till her husband came home; I said I could not, for my father and mother would be angry; but I did go and sit with her, and in about three quarters of an hour John [the prisoner] came home, and they gave me some goose.

Q. Where does Sutton live?

Swain. He lives in our alley - Rose alley by Turnmill street ; then she asked him whether he would not give his countrywoman something to drink; they had a pint of drink (about 10 or 11 at night) and made me drink the best part of their beer; they desired me to stay a little longer and a little longer, and at last they shut the door and took the key out, and would not let me go home, and said, I should lie there all night; I said it would not be proper for me to lie with a man and a woman; says she, you have no occasion to be afraid, as I shall be in the room with you. I said, I did not chuse it, as I had a house of my own to go to: she said, I should lie behind her back. She kept me till between four and five in the morning, and I grew drowzy; then she bid me go to bed; the prisoner was in bed a good while before I went to bed: she took my gown and one of my petticoats off, and put me to bed with two petticoats and my stockings on; and I went under the blanket that the prisoner lay upon; as soon as I got under the blanket, he began to grow impudent.

Q. What did he do to you?

Swain. He pulled up my two petticoats - I am ashamed to speak what he did to me; but I would not take a false oath for the world; I would not go to take his life away for a wrong thing .

Q. Was the prisoner's wife in the room all the time?

Swain. Yes, and she bid him be rude with me. I am not willing to take his life away.

Q. What was it he did to you?

Swain. He put his impudence into me. [The girl with a great deal of seeming unwillingness and reluctance expressed herself in such terms, as were sufficient to prove the fact.]

Q. Upon your oath was that done with your will or against your will?

Swain. It was done against my will. He struggled with me, and was too many for me. I cried out murder, and he said if I cried out, he would do me a mischief, and his wife bid him be rude with me; and I begged and prayed of her to help me, and she would not do it. And afterwards she said, you b - h, I'll tear your handkerchief off your neck, because you have lain with my husband, and then she beat me.

Thomas Swain . [the girl's father] My Lord, I am very willing the prisoner should be discharged; she was a long time before she would tell me the circumstances of the thing.

Q. You said you cried out murder, what persons were in the house besides them?

Swain . I don't know the people that live in the house; there is one Hitchcock has the room above the prisoner, and another person the room above him.

Q. Was you let out at last?

Swain . Yes, and as soon as Betty Forbes cried out, they opened the door, and turned me out.

Q. What time was this?

Swain. This was about 5 o'clock in the morning, my father looked out of the window, and cried Polly, and I said, they wanted to kill me, they would not let me come out, and when I came out my father beat me, because I went into the house.

Q. Did you acquaint your friends with it?

Swain. I was going to tell my father of it, and he would not hear me, and he said, I deserved as much more for going into the house; for they had a warrant for my father before. I went to sleep at 5 o'clock, and slept till between 12 and one; and before that time Sutton had told all the people what he had done to me.

Q. Did you discover it before Sutton did?

Swain . No, I did not, for I did not tell it before my father came home.

Q. When was this done?

Mary Swain . It was done on the Saturday morning - I took him up the next Monday or Tuesday following.

Thomas Swain . On the 1st of March, between 9 and 10 in the evening, my wife and I went to bed; I slept till about four o'clock, and was sadly surprised with the cry of murder. I listened to the crying, and thought it was the voice of my own girl. I listened again, and presently I heard murder cried out again. I felt in the bed, and missed my girl, (for I have but one bed, and she sometimes lies at the head, and sometimes at the feet.) I listened, and there was murder cried again, and my wife said, for God's sake, get up, it is Polly. I went to the window, and there was murder cried again; and Betty Forbes called out, and said, You black dog, what are you doing with the girl, turn her out of doors, or I'll make you, for upon the cry of murder we can break open the door. And I said to Betty Forbes , I believe it is my girl; and then the prisoner's wife opened the door and let her out; and as there had been a quarrel between them before, I began to beat the girl, because I had bid her not to go there. She began to open her complaints, but I did not care to hear her, but beat her the more. She was very sleepy, and I believe about 5 o'clock she went to sleep, and I went out about 6 to get a place of work, and desired my wife to go to Black John and Mary, to know why they used the girl so, and kept her out. When I came back, I was surprised with the account of this story. Said I to my wife, this rogue, Black Jack, has debauched Polly. (I did not believe he was such a villain , and though he has told me so frequently in publick, I did not believe it.) Said I, you villain , how could you use my girl in this manner? he said, she came to bed to me; I said, how, and in what manner? he said, she undressed herself , and came to bed to me. I said, if she came to bed to you, did she ask you to use her in this manner ? he said, she did not; but he argued a point of law with me. and said, if any body was to come into my bed, and I was to lie with them, the law could not hurt me; but afterwards he said, he would make it up at any rate. No, I said, I will not put this up for a pot of beer, or any such thing. Then he said he would marry the girl; said I, how can you marry her when you have two or three wives already? (for he is not married to this Mary) I would rather chuse she should be a whore all her life time, than be a wife to such a rogue as you, for then she will get something. Then he told me the reason why his wife beat the girl; that it was because she caught her in bed with her husband; but when he came before Justice Poulson, he said he was drunk, and did not know any thing of the matter.

Elizabeth Vaughan . I know Black John very well, I have lived by him two years, and never heard or saw any ill of him in my life.

Q. Did not you hear murder cried out?

Vaughan. I can't tell. I heard her cry out, and I heard her say in the room, don't tell my mother, pray Mary; and as she was coming out, Moll said, go you b - h, what have you been - with my husband for?

Q. Did you hear at that time that she had a rape committed upon her?

Vaughan. No, she said she had got a handkerchief from her.

Thomas Swain . Ask her whether she did not hear the prisoner's wife say in a braggadochio, I bid Jacky - her; and Lambert declared she heard the girl cry out murder.

Lambert. I was in bed, I never heard her cry out murder.

Elizabeth Dandrews . I was sent for to search Mary Swain , to know whether she had been wronged, and her mother flew upon me, and would not let me. She sent for me afterwards, and I found she had been lain with; but there were no marks of violence, for I handled her pretty roughly, and she did not cry out. The father of the girl was angry with me, because I would not come into his judgment.

Thomas Swain . When this woman searched her, it was three or four days after the thing was done.

Eleanor Nash . I know the prisoner to be a very honest man ; I have lived by him two years . I heard her say, she had more right to the prisoner than his wife, and she would have to do with him when she pleased.

Q. When was this said?

Nash. This was the 2d day of March, between one and two on Saturday morning. Acquitted .

242. Samuel Levi , was indicted, for that he, on the 24th of Sept. last, 2 4 pewter plates, value 24 s. 6 pewter dishes, val. 20 s. a pewter cheese plate, val. 12 d. a silver spoon, val. 10 s. and a man's hanger, val. 3 s. the goods and chattels of Ann Hicks , spinster, feloniously did receive and have, which goods and chattels above mentioned were stolen by James Stansbury (since executed) Daniel Boyers and Abraham Saunshus , September 26th .

Ann Hicks . My house was broke open, and I lost the things mentioned in the indictment. I don't know the prisoner, 'tis only by the information of Mecum, that I know who had them.

Samuel Mecum . James Stansbury , Boyers, Saunshus and I, broke open a linen draper's shop in Houndsditch , and took two dozen of plates, six dishes, a thing with three stands to it (I do not know the name of it) a large silver spoon, and I believe two or three more spoons, and an old apron or two which we tied them up in - it was about the middle of Sept. and about two o'clock in the night.

Q. What did you do with them?

Mecum. We sold them to Samuel Levi (the prisoner) he lived about two doors off this house that we broke open. I lived then in White Chapel, he came to me, and said, there is such a house broke open, and asked who did it; he said, Sam, if you did it, you may as well let me have the things, as any body else; I said I knew nothing of them; he said, I might as well let him have them, for he knew the house was broke open; for he came by the door, and the people who lost them thanked God they had lost no more.

Q. What did you sell them for?

Mecum. We had twenty eight shillings for the whole, the next morning.

Q. Did you tell him how you came by them?

Mecum. Yes, he knew how we came by them.

Q. What business is the prisoner?

Mecum . He sells old clothes .

Q. Did you ever sell this man any stolen goods before?

Mecum. Yes, several times, and he has dealt with an hundred thieves.

Prisoner. I have witnesses to prove, that I have not spoke to him, for a year and an half: the gentlewoman knows I was sick in bed at that time; I lived next door to her.

Mrs. Hicks . I know nothing of you.

Mecum . There was a hanger taken out of the house at the same time, and they kept that several days: the thief-takers had the hanger afterwards .

George Jackman . I am a hatter by trade. I live in Creed-church lane . I have known the Prisoner about six years: he buys and sells old clothes. My men were drinking at the Taylors arms in Duke's place, and I went to call them.

Mecum . That is a house which used to harbour all the thieves .

Jackman . That is nothing to me, my character can be cleared.

Q. When was that?

Jackman. I believe about last May or June. Mecum was rapping it out prodigiously, and swearing in a most vile manner, that if he met with the person he was swearing about (who I did not know) he would shoot him and chop him to pieces.

Q. Who did that appear to be?

Jackman. The Prisoner at the bar; and this was (as I heard afterwards) because the Prisoner had arrested his wife, or his supposed wife. I made answer, and said, Young man, I don't know you; but if this was a friend of mine, I would take care of you; for you should not say such vile words as these.

Mecum. How came you here for a witness?

Jackman. The Prisoner's spouse came to me, and desired me to come.

Mecum. You would perjure yourself to swear against me, when you know nothing at all of the matter.

Q. Did you know the Prisoner before?

Jackman. He was servant to a gentleman I serve with hats, Mr. Levi in Lime-street .

Jacob Jacobs . About twelve months ago I was drinking a pint of beer, and this Gentleman was just come out of Newgate. Mecum swore a great oath, and said, If I rob the whole world, I'll be revenged on you, and bring you to the gallows; and Mr. Jackman was angry with him for saying so, and was ready to beat him. I believe he had arrested his wife; the officer that arrested her is in court.

Henry Samuel . I have known the Prisoner ten or eleven years, and know him to be a man who works hard for his family. I have lent him two or three guineas at a time, to buy old clothes, and he has paid me very honestly.

Elizabeth Lyon . The Prisoner was a lodger to me six years ago; and three years ago his wife and he lodged with me. I know he always took a great deal of pains to get his living, by buying old clothes. Acquitted .

243. Ann Cunningham was indicted for stealing forty pound weight of iron, value 7 s. the property of John Collins , George Filmore , and Richard Young . April 6 . Acquitted .

244. William Read , of Enfield , was indicted for stealing two trusses of hay, value 2 s. the property of Bartholomew Ibbott , February 5. 1743 . Acquitted .

245. Jane Hatfield was indicted for stealing three pewter dishes, value 6s. and twenty pewter plates, value 12 s. the property of Thomas Carter . Acquitted .

246. Ann Simmons was indicted for stealing four shifts, value 4 s. four coloured aprons, value 4 s. a white apron, value 18 d. two handkerchiefs, val. 2 s. a half handkerchief, val. 6 d. a velvet hood, value 3 s. a stuff petticoat, value 3 s. a gown, value 2 s. and three mobs , value 18 d. the goods of Elizabeth Tisdell , March 14 . Guilty 10 d.

[Transportation. See summary.]

247. Elizabeth Cook , of St. Martin's in the Fields , was indicted for stealing a pair of cheney curtains, value 2 s. a rug, value 1 s. a blanket, value 1 s. a pair of sheets, value 4 s. a bolster, value 2 s. two pillowbiers , value 2 s. a frying pan, value 6 d. and two plates, value 1 s. the goods of William Davis , in the lodging of the said Elizabeth Cook , April 5 . Acquitted .

248. Eleanor Keith [aged twelve years] of St. Martin's in the Fields , was indicted for stealing a gown, value 10 s. the goods of Catharine Ellis , and a gown, value 10 s. the goods of Ann Rider , March 10 . Guilty 10 d.

[Whipping. See summary.]

249. + Samuel Burch , was indicted for stealing twenty four yards of drab-coloured cotton barragon , value 40 s. and fifteen yards of drab-coloured shalloon, value 20s. the goods of Stanley Goddard , April 12 , in his shop . Acquitted .

250. Ann Smith , of London , was indicted for stealing 108 gallons of strong beer, value 3 l. 9 s. the property of John Stepple , March 8 . Acquitted .

251. Hugh Catherall , was indicted for a misdemeanor in personating one Robert Catherall of Islington, in the county of Middlesex, Carpenter, in a cause lately depending in the high court of Admiralty , between capt. James Whimble of the Revenge privateer, and the owners of a Swedish ship, called the Humility (which capt. Whimble had taken) and entering into a recognizance of bail in 1000 l. for capt. Whimble to the owners of the ship Humility .

The proper proceedings were produced, and Mr Stone, the Marshal to the court of Admiralty proved, that on the 27th of Sept. 1744. the prisoner entered into such recognizance of a 1000 l. in the name of R. Catherall of Islington, carpenter.

Robert Catherall , carpenter at Islington deposed, that he never entered into any recognizance in the court of Admiralty, that the prisoner is his own brother, and his name is Hugh Catherall . Guilty .

The court put off the pronouncing sentence against him tell next sessions.

252. John Cooper , was indicted for perjury in an affidavit made to a debt in the court of Common Pleas , but the plaintiff not producing the original affidavit, upon which the action was founded, he was acquitted .

253. James Jeffs , was indicted for perjury in an affidavit made in the court of Exchequer , relating to a note of hand of 8l. but it appearing, that one Mr. Jenkins, who was to be a witness on the trial had an interest in the note, he was not admitted to give evidence, and the prisoner was acquitted .

254. Thomas Kempton was indicted for perjury in an affidavit made in the court of King's Bench , but the plaintiff not producing the record of a former proceeding, he was acquitted .

255. William Goodall , was indicted for perjury, in an affidavit in the court of Common Pleas , and found Guilty .

The Court put off the pronouncing sentence till next sessions; and admitted him to bail.

Henry Sims , otherwise young gentleman Harry , was indicted for a capital offence; he was very unwilling to plead to the indictment, but at last pleaded not guilty, and his trial was put off till next sessions. He was evidence against William Gibbs , Richard Swift and William Cavenagh , for breaking open Mr. Smith's house in the Borough, on which trial (which is a very remarkable one) he owned himself perjured in his information before Sir Thomas De Veil . The trial is at length in the proceedings at the late assize, held at Croydon , for the county of Surry , published by M. Cooper in Pater-noster Row.

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

Received sentence of death, 8.

Mary Cut and come again 226

Hester Fowler 212

Edmund Gilbert 230

Samuel Keep 204

Lettice Lynn 235

George Norton 211

Stephen Parsons 231

Edward Ryan 194

Transportation for fourteen years, 1.

Sarah Soames , 203.

Transportation for seven years, 25.

Hannah Booth 199

Catharine Bowyer 229

Dorothy Buckles 200

Isabella Cable 233

Peter Chapman 193

Jacob Faulcon 192

Robert Grane , otherwise Graham 197

Martha Grimes , otherwise Graham 213

Ann Harrison 225

Ann Jones 216

Mary Jones 209

Mary Jones 223

Philip Launder 189

John Laws 191

Margaret Mears , otherwise Kirby 227

John Price 236

Elizabeth Rich 237

Hannah Rooffe 190

Ann Simmons 246

Jane Smerk 228

John Smith 232

Magdal. Swawbrook 196

John Sykes 217

George Underhill 218

Henry White 202

Branded, 3.

Jane Rankin 207

Thomas Riley 201

William Smith for manslaughter 239

Whipt, 6.

Ann Cunningham 243

Mary Exton 195

Thomas Hallam 208

Eleanor Keith 248

Ann Owen 221

Mary White 222