Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 April 2014), May 1745 (17450530).

Old Bailey Proceedings, 30th May 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 THURSDAY the 30th, and FRIDAY the 31st of May,

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

BEING THE Fifth SESSIONS in the MAYORALTY of the

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

NUMBER V.

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, Mr. Justice ABNEY, Mr. Baron CLARKE . Sir SIMON URLIN , Knt. Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

John Rutt ,

John Chester ,

Anthony Wilkinson ,

William Smith ,

Richard Scrooby ,

John Brush ,

Ebenezer Gardner ,

Thomas Train ,

Thomas Reeve ,

Christopher Redshaw ,

Edward Oseland ,

William Slater .

Middlesex Jury.

Benjamin Goodwin ,

William Foster ,

William Thoyts ,

William Steele ,

Robert Theodorick ,

Thomas Smith ,

Edward Gatton ,

Enoch Grigg ,

Edward Brayne ,

John Bartholomew ,

Edward Grange ,

William Bryan .

256. + Edward Hill* , of St. Luke's , was indicted for stealing a silver tankard, value 8 l. the property of Thomas Ellis , in his dwelling-house , March 4 .

*He was tried last December Sessions (with his son John Hill, who was then capitally convicted, and since executed) upon indictments for highway robberies, and acquitted. See Sessions Paper, Part I. Page 8. Trial 24. Page 9. Trial 27. and Page 10. Trial 29.

Thomas Ellis . I keep a publick house at the sign of the White Hart in Golden Lane ; on the fourth of March the Prisoner was at my house, and I lost a silver tankard.

Q. What time did you lose it?

Ellis. At night; the Prisoner came in the morning, and staid till night.

Q. Was the tankard delivered to the Prisoner to drink out of?

Ellis. No.

Q. What was in the tankard?

Ellis. There was a tankard of hot, made of ale and gin, for some company.

Q. How came you to charge him with it?

Ellis. Because he was the last man that had it.

Q. Was he in the company ?

Ellis. He was not in the company, but he thrust himself into the company of the people who had the tankard, who were very creditable gentlemen.

Q. Did you know the Prisoner?

Ellis. He had used my house about ten or twelve days before I lost the tankard, but I had very little knowledge of him.

Q. What trade is he?

Ellis. He is a taylor , as he says.

Q. How soon did you see him again?

Ellis. I saw him about a fortnight afterwards, and then I seized him.

Q. Had you the tankard again?

Ellis. I never saw it since.

Francis Child . I happened to be drinking at Mr. Ellis's with a next door neighbour of his, and saw the tankard stand upon the table where the Prisoner was, and I saw the Prisoner take the tankard off the table, and move it upon the bench, and from the bench to the table again, and then from the table to the bench again, and he had got some old clothes which lay upon the bench, where he put the tankard. My neighbour and I went away about eleven o'clock, and left the tankard upon the bench with the old clothes.

Q. What business are you?

Child. I am a working goldsmith in the snuff-box way.

Prisoner. Mr. Child and another gentleman played six games at draughts, and I went away and left them there.

Ellis. Mr. Child went away before the Prisoner.

Crosby Plummer. I am a shoemaker. There was a tankard upon the table next the window, and the Prisoner had got some old clothes, and he put the clothes upon the bench next to the window, and he put the tankard too upon the bench close by the clothes, and moved the tankard several times off and on the table.

Q. What time was that?

Plummer. It was about half an hour after ten, and then I went home: the Prisoner was the last man I saw have the tankard.

Jury. Were the clothes in a bag, or loose?

Plummer. They were loose.

Samuel Tilley . I am an upholsterer, I have known the Prisoner about four or five years, and I always looked upon him to be a very honest man.

Q. What business is he?

Tilley. He is a taylor.

Q. Was you ever here before to speak in his behalf?

Tilley. I was desired to appear here about last Christmas.

Q. What was you here for?

Tilley. I was desired by his friends to be here to testify what I knew of him, that he was an honest man, but there was a sufficient number of persons here to his character.

Q. What was he tried for?

Tilley. He was tried for a robbery.

Q. Was not there a relation of his tried here?

Tilley. I believe there was a son of his tried here. I believe he was executed.

Thomas Wilson . I have known the Prisoner about twelve years.

Q. Where does he live?

Wilson. He lives in Old Street now.

Q. Is he a housekeeper?

Wilson. He keeps a little house in a court in Old Street.

Q. What is the name of the court?

Wilson. I cannot tell, I have not been twice in it.

Q. Where did he live before?

Wilson. He lived in Baldwin's Gardens.

Q. How long did he live there?

Wilson. I believe about five or six months.

Q. Where did he live before?

Wilson. I cannot tell.

Q. What trade is he?

Wilson. He is a taylor; I have worked with him off and on about eleven or twelve years.

Q. Are you a master or a journeyman?

Wilson. I am a master.

Q. What is your opinion of him as to his honesty?

Wilson. He has done very honestly by me for what I know; I know nothing to the contrary.

Q. Was you ever here before?

Wilson. Yes; I appeared for him before.

Elizabeth Tandy . I have known the Prisoner about five or six months, he lodged in my house.

Q. Does he lodge with you now?

Wilson. He has not lodged with me these two months.

Q. How long did he lodge with you?

Tandy. About three months.

Q. What hours did he keep?

Tandy. When he lived with me he kept very good hours.

Q. Do you know of his being at the White Hart in Golden Lane?

Tandy. I have heard of his being charged with these things: he was accused with carrying this tankard away in his garments, but he came backward and forward after this in a mean way, and wanted to borrow some half-pence of me.

Q. When was the Prisoner taken up?

Tandy. About three weeks ago, or thereabout.

Jury. Was the Prisoner the last person in the room?

Ellis. My brother was in the room after the Prisoner went out.

Jury. Did you miss the tankard upon the Prisoner's going away?

Ellis. Yes; immediately upon his going out of the house.

Jury. Who went out of the house last?

Ellis. My brother went out last, and as soon as he was gone out of the house I followed him, and called out to let him know the tankard was lost. Acquitted .

257. William Carter , of Finchley , was indicted for stealing an horizontal sun-dial, val. 30 s. the goods of Charles Hedges , Esq ; May 10 .

Mark Sanders . I am gardener to 'Squire Hedges. On Thursday the ninth of May this sun-dial was upon the pedestal in a gravel walk in the garden.

Q. Do you know any thing of the Prisoner?

Sanders. I do not know the Prisoner.

John Gregory . I am a founder in Shoe Lane. On the 11th of May I bought a dial of the Prisoner, the cock [the gnomon] was off, and the arms were erased out.

Q. to Sanders. Had it a gnomon upon it when it was in your master's garden?

Sanders. It had a gnomon to it.

Q. to Gregory. What did you give for it?

Gregory. I bought it as old brass, I gave him nine shillings and a peny; it weighed thirteen pounds two ounces; and he brought two brass candlesticks feet, and part of a knocker.

Q. What did you take him to be?

Gregory. I believed he dealt in old pewter and old brass, and such things. He told me he was a country dealer, and used to buy up these things in the country. I have had a great deal of trouble in this case in taking the Prisoner, and if I had not taken him, I might probably have stood in his shoes.

Prisoner. I sell Tunbridge ware, and have dealt that way a great many years.

John Legg . I am gardener to Squire Hedges under Mark Sanders . I saw this dial standing in the garden where it was fixed on the 9th of May about nine o'clock, or five minutes after nine in the morning. I looked at it at breakfast hour, and it was there: I will take my oath I saw it there then, and I went to look for it the next day about five minutes after eleven, and it was gone.

Q. Do you know the Prisoner?

Legg. I do not know that ever I saw his face.

Thomas Wright (mathematical instrument maker to his Majesty.) I made this dial for Mr. Hedges, and set it up myself; the arms are erased, but my name was engraved so deep, that they could not get that off, though they have been endeavouring at it. It was a very neat one; Mr. Hedges gave me five guineas and a half for it.

Q. to the Prisoner. How did you come by it?

Prisoner. I bought it at Highgate of a man who looked like a gardener.

Q. Are either of those two men [Sanders and Legg] the person?

Prisoner. Neither of them is the person I bought it of.

William Blincoe . I have known the Prisoner about three years.

Q. What is his business?

Blincoe. He used to go about with Tunbridge ware.

Q. Did you ever see him sell any?

Blincoe. No; my dame used to deal with him.

Q. What is the Prisoner's character?

Blincoe. I take him to be an honest man.

Q. Where is his settlement?

Blincoe. His settlement is in London.

Q. What is your business?

Blincoe. I keep a publick house, the White Swan in Islington.

Prisoner. I have lain at your house, and you never knew any thing amiss of me, I am sure.

Blincoe. He has lain at my house, and he never wronged me.

Q. to the Prisoner. Where is your settlement?

Prisoner. My lodging is where I come; when I come to London. I lodge at Mr. Price's house.

Samuel Price . I keep a publick house at the White Hart in Chancery lane; I have kept the house a year and an half, and he lodged there before I came to it.

Q. Has he any family?

Price. He has a wife and a child; his wife lies in at my house now; she used to travel with him.

Q. Did he return every night?

Price. No, sometimes he staid away two or three days together.

Q. What business do you take him to be of?

Price. He travels about the country with wooden ware.

William Tovey . I am a razor maker in Middle Row in Holborn. The prisoner and his wife used to go about the country with an elderly woman who sold turnery ware; she is I believe almost ninety years of age, and past her business, and he took the business up.

Q. Did you ever see them travel with goods?

Tovey. I never saw them travel; I have seen him carry goods out.

Q. What is his character?

Tovey. I never heard of any dishonestly by him. Guilty .

[Transportation. See summary.]

258. Sarah Davis , of St. Giles's in the Fields , was indicted for stealing a pair of stays, val. 4. s. the goods of John Girdler , May 27 .

Mary Girdler . I keep an old clothes shop in Monmouth street ; the prisoner and another young woman came to my house to buy a pair of stays, and bought a pair, and gave me eleven shillings for them; she came again, and said, they did not sit, and asked me if I would change them; I said, yes, with all my heart: she had a bundle, which she said was the lining of a gown, and desired leave to tie it up upon the counter; I saw a little bit of a pair of stays; and said, young woman, you seem as if you had got a pair of stays there; she said, so she had; I desired to look at them, she let me see them, and then I knew them to be mine, and I took them from her. According to my information, the prisoner has not done any such thing before, and if your Lordship and the Jury will please to forgive her, I shall be very glad.

Elizabeth Thorp . I mended these stays, and I am sure they are Mrs. Girdler's.

Elizabeth Hasser . I live at Rotherhith, the prisoner is a Mantua maker, she has worked for me a great many years, and I never knew any thing of her, but what was pretty, modest and virtuous; she always behaved in a very sober manner.

Elizabeth Noble . I live with Mrs. Hasser. I have known the prisoner three or four years, and she always behaved herself in a very handsom manner.

Elizabeth Calvert . I have known the prisoner about six years, and have employed her to do a great deal of business; and I believe her to be honest.

Mary Metcalf . I have known the gentlewoman six or seven years, and have helped her to a great deal of business, and she always behaved in a very handsom manner.

Dorothy Fox . I have known her eight or nine years, and never heard any ill of her. I have recommended her to several families, and she always behaved very well, and had a very good character. Guilty 10 d.

The Jury recommended her to the favour of the Court.

[Whipping. See summary.]

259. Rose Robinson , of St. James's Westminster , was indicted for stealing a linen gown, value 10s. a cambrick laced cap, value 2 s. and two linen caps, value 3 s. the goods of Mary Howard , and a gown, value 5s. the goods of Robert Dawson , May 27th .

Mary Howard . I have known the prisoner about two months, she was a chairwoman , and lodged in my brother Dawson's house. She confessed she pawned the things to Ann Shewell .

Elizabeth Dawson . The prisoner was a chairwoman, and had a room in my house. She owned that she took the things, and had pawned them, [the gowns were produced, and owned by the prosecutors.]

Ann Shewell and Rachael Bradshaw , two pawnbrokers proved the taking the goods in from the prisoner.

James Agnew . Mrs. Dawson sent for me last Monday morning to search her house for these things, because she had a suspicion of the prisoner's being a thief. I went into the prisoner's room, and there Mrs. Dawson found a shaving cloth, that she said was her's then I took the prisoner, and she owned she had taken the gow ns and pawned them in Berwick street, Soho, where I found them; the gowns were wet when I first had them; I found the three caps pawned in the name of Rose Robinson, and the people could not tell who took them in. The mistress said she did not, and the maid said she did not; but it appeared that the ticket which was upon the goods that were pawned was of the mistress's handwriting. Guilty .

[Transportation. See summary.]

260. Alexander Connell , of St. Martin's in the Fields , was indicted for stealing three silver spoons, value 21 s. the goods of James Merle Delerant , May 10th .

James Merle Delerant . I keep the Half Moon Tavern in the Strand ; I lost the spoons, and had a suspicion that the prisoner had taken them, and he owned it.

Q. What is the prisoner?

Merle Delerant. He is a gentleman's servant who lodges in my house. The master and man both lodge there.

Q. What is the prisoner's master?

Merle Delerant. He is a young officer in the marine service. These are my spoons, they are marked I. M. D. my surname is Merle Delerant.

John Kincade . The prisoner brought these spoons to me the 10th of May; I bought one first, and two afterwards.

Q. How came you to buy them?

Kincade. He looked like a gentleman then, and I had no reason to suspect him. They are marked with the same letters as Mr. Merle Delerant speaks of.

Q. Did not you see the letters when he brought them?

Kincade. I did not mind the letters.

Q. What did you give him for them?

Kincade. I gave him 5 s. 7 d. an ounce for them, which is two pence an ounce more than any other person would give; because I bought them to hang up for sale. Guilty .

[Transportation. See summary.]

26. Peter Delander , of St. Stephen Coleman street , was indicted for stealing one book entitled, The reports of the learned Sir Henry Hobart knight, value 6d. and five other books, value 5s. the goods of Thomas King , May 6th .

Thomas King . On the 6th of May I lost these books in my shop window.

George King . I saw the prisoner cover these books with a brown linen apron in my brother's shop window, and he took them off the window and carried them I believe twenty or thirty yards. I was in the street and saw him take them: there was another person with the prisoner; but the Grand jury have not thought proper to find the bill against him. Guilty .

[Transportation. See summary.]

262, 263. + Charles Collyer and Richard Farmer , of St. Botolph without Bishopsgate , were indicted for stealing a silver pint mug, val. 4 l. the property of Thomas Creed , in his dwelling house , April 20th .

Thomas Creed . I keep a publick house at the Bell and Magpye without Bishopsgate . I came home the evening the mug was lost, about ten minutes before ten o'clock: when I came to the door, I saw one free of my house shut up, the door was bolted, and my maid was charging the prisoners with conveying the mug away, and they denied they knew any thing of it.

Q. Do you lose the mug ?

Creed I was found under the One Swan gateway in Bishopsgate street.

Lydia Kyte . The prisoners came into my master's house, and called for a pint of beer; I filled it for them, and put it upon the table.

Q. What time was that?

Kyte. It was between seven and eight. I went round the house to count the tankards and mugs; when I came to the table where the prisoners sat, I missed the man in the blue coat [Collyer] and the mug (my master has seven silver tankards, and six mugs. )

Q. Had the prisoners the silver mug to drink out of ?

Kyte. They had a pewter pot first, but Collyer gave me the silver mug afterwards to draw the beer in. Collyer went out, and came in again presently, and then I charged him with taking the mug, and charged a constable with him directly.

Prisoner Farmer. The young woman told me she set the mug down before me, and it was other people that had the mug.

Kyte. I set the mug down before you.

Farmer. Did I ever go out of the house or offer to go out of the house?

Kyte. I don't know that you did; the pewter pot stood down by you, and the beer was poured out of the silver mug into the pewter pot.

Joseph Kennell . I went it into the house just before the prisoner came in, and had a pint of ale in a silver mug; they had a pint of beer in a pewter pot. Collyer came in with something in a dirty cloth; and they said, what have you got there? he said, a fillet of veal, what, said they, in that dirty bag? Upon that he threw it out, and there was two or three trowels of mortar in it, which he threw behind the chimney, and said, he would make a cross bunn of it. I went away soon after, and the maid said, the minute I was gone they gave her the mug to fill. I went from Mr. Creed's to the Founders arms in Founders court, and was sent for back again directly. I was not twenty minutes out of the house before I came back again.

Charles Pollard . I live down the One Swan yard. I found the mug the 13th of this month, in the yard, close up by the side of a wheel spur covered with mud.

Q. Had it a name upon it?

Pollard. I did not know it had, till the people said, they would be hanged if it was not Mr. Creed's mug, and they looked, and there was his name round the bottom of it.

Prisoner Collyer. I bid the maid not to frighten herself about the mug, for I would not go out of the house till she was satisfied, and I staid till the constable came, which was eleven o'clock; it was about ten o'clock when the watchmen came down, and I said, Mr. Creed, I will not make any resistance, for I am innocents and we went with the watchmen to the watch-house, and from the watch-house to the Counter without any constable.

Q. Did you see the mug after Kennell was gone?

Kyte. Yes, and Collyer presently afterwards gave me the mug to fill.

Ann Lucas . I have known Charles Collyer about five years; he is sometimes a labourer, and sometimes he goes to sea; he belonged to the Shrewsbury man of war, and belongs to it now.

Q. What is his character?

Lucas. I believe he is an honest man for a worldly man - that is, a hard working man.

John Lucas . I have known Collyer about three years, I never heard any body say but that he was an honest man, and worked hard for his living.

- Jones. I have known him twelve years, and he always was reckoned a hard working, honest man.

Creed. This witness, Mr. Lucas, came to my house last Saturday, and because I would not take bail, he said, I should not keep the Bell and Magpye next week. Acquitted .

264. Elizabeth Stavenaugh* , otherwise Elizabeth the wife of Francis Howell , of St. Andrew Holborn , was indicted for stealing six yards of checked linen, value 6 s. the goods of Margaret Goddard , March 27th .

* She lived with Henry White in Shoe lane, who was convicted last sessions for stealing two pieces of printed linen and cotton from Mrs. Goddard [the present Prosecutrix] upon the evidence of Sarah Bibby , and is transported. See sessions paper Number 4. page 107 trial 202.

[Mrs. Goddard being a Frenchwoman, and not understanding English, an interpreter was sworn.]

Mrs. Goddard said she lives in Moor street by the Seven Dials , that about five or six weeks ago, she lost two remnants of checked linen out of her shop (which were produced in court.) She was asked, whether she knew the prisoner, but being ancient, and her sight bad, she went to the bar to look at the prisoner, and said, she believed she had seen her in her shop.

Sarah Bibby [a girl about fourteen years of age.] About six weeks ago, the prisoner went along with Cobler [John Price, a little boy who was convicted last sessions and transported.] Sarah Soames [convicted last sessions for receiving stolen goods] and myself into a shop by St. Giles's, under pretence of buying an apron; we saw no body there, and when we came in, that old gentlewoman [Mrs. Goddard] was asleep; there were two pieces of checks lying upon the counter, which Howell took, and put into a great round-about apron, and went away with them, and gave them to Soames, and she let them fall, and then the prisoner took them up again; she gave us 18 d. a piece for our shares. She persuaded me to go from my mother, and go along with them; and because I would not go with them to smother the old gentlewoman -

Q. What do you mean by smother?

Bibby. To throw a cloth over her face, and rob the shop; and because I would not do that, the prisoner stuck a fork into my leg. The prisoner and Soames pawned the things at Mrs. Collin's in Fetter lane.

Q. Have you been with her at other times?

Bibby. Yes: she used to go frequently into the city, and rob people.

Prisoner. She is forced to swear this, or else she would not swear it.

Elizabeth Collins . On the 27th of March the prisoner brought these checks to my house to pawn.

Q. Do you know the prisoner?

Collins. I have known her sometime by being in the neighbourhood, but I never took her to be a thief before; but finding afterwards that she was concerned in this way, and the checks being described, I stopped her in my own shop.

Prisoner. She takes in pawns for a halfpeny worth of gin, and I being a market woman, and an honest woman, people carry things in my name, and they will give more upon them than if they were not brought in my name.

Bibby. She sent her mother to my father to offer me a shilling if I would not appear against her.

Prisoner. I have no mother.

Bibby. It is your husband's mother.

Elizabeth Buckley . The Prisoner harbours children to run them: my child has gone a thieving with her, and is transported. I found this Bibby there, and beat her, and broke my horse-whip to pieces upon her, though I had no concern with her.

Sarah Moore . This Bibby came several times to the goal, swore and cursed, and said she would put her into the information; and the Prisoner said if you do, you will put me in wrongfully; and Bibby said, I cast five last sessions, and I will cast you for your life this sessions, and put some clothes on my back.

Bibby. What day was that?

Moore. I cannot tell what day it was.

Bibby. Is it a fortnight ago?

Moore. It is less than a week; you came several times.

Q. Where do you live?

Moore. I am a Prisoner.

Q. What are you confined for?

Moore. I am confined for a robbery of a handkerchief.

Martha Biggs . Bibby has come and insulted the Prisoner, and the Prisoner said she was in wrongfully; and Bibby said she had hanged five or six last sessions, and she would hang a great many more.

Q. Did you hear her say she had hanged any body?

Biggs. She said she had convicted five people last sessions.

Bibby. What day was that?

Biggs. I can't tell, you was there several times.

Bibby. This Sarah Moore* kept a house in Black Boy Alley, and harboured thieves. She goes by the name of Phillis Cox , otherwise Booker.

* She was tried this sessions for privately stealing a from Mr. Henry Barnes , and acquitted.

Prisoner. Sarah Bibby came to me, and said she was sorry she had charged me, for I was innocent. Guilty .

[Transportation. See summary.]

265. Thomas Spike , of St. Paul's Covent Garden , was indicted for stealing a gold watch, value 10 l. the goods of John Friend , Esq ; May 15 .

Mr. Masters. On the 15th instant I was informed that Thomas Spike the Prisoner, who was then my servant , was taken up for a robbery, and I found that he had taken this watch from me. It is not my watch, it is the property of Mr. Friend, though it was in my possession. I very little suspected him, because he always behaved himself handsomly and well.

Nathaniel Brown . On the 15th of May my servant called me, and I was told the Prisoner had brought a gold watch to pawn. I asked him whether it was his own; he said it was. I asked him whose servant he was; he said he was my Lord Bollingbroke's servant; I said, I believed my Lord was not in town. I asked him how he came by it; he said, his brother gave it him. I asked him where his brother lived; he said, he lived with a gentleman whose name I have forgot. I said, you say your brother is a servant to a gentleman, it is very odd that he should give you a gold watch: he shall said that his brother gave it him. I said, if he did not give a better account of it, I must stop him. He said, what! do you think I stole it? I told him, to be plain with him, I did believe he had stolen it. I had him before a Magistrate, and there he said he was not my Lord Bollingbroke's servant, but Mr. Master's servant.

Q. Where was the watch?

Masters. It was in an open drawer, but I had not seen it for some months. The Prisoner is a downright country boy, and I believe it is the first fact that ever he was guilty of. Guilty .

[Transportation. See summary.]

266, 267. + Elizabeth Metcalf , and Elizabeth Brown , of Christ Church Spittlefields , were indicted for assaulting Jane Carpenter in an entry or passage in Flower and Dean Street , in or near the King's highway, putting her in fear, and taking from her a camblet gown, value 2 s. the goods of Joshua Carpenter , May 24 .

Joshua Carpenter . On the 24th of May between three and four o'clock in the afternoon my girl was playing about Spittle Square, the Prisoners picked her up, and carried her into Flower and Dane Street, took her gown off, and carried it to one Mr. Dockery a pawnbroker.

Q. How do you know they took away your child's gown?

Carpenter. By their own confession before the Justice, they owned the stealing that gown, and several other things from other children.

Q. How old is your child?

Carpenter. Six years of age last January.

Jury. Was it in the street?

Carpenter. It was in a little passage going into a house; the child knew the place again.

William Dockery . Last Friday night [24 May] towards the evening, I took in a gown from that child [Metcalf, a child of twelve years of age.]

Q. Did you know the child?

Dockery. She lives in the neighbourhood overagainst me, and I never knew any harm of her. This is the gown I lent money on.

Carpenter. This is my child's gown.

Q. to the Prisoners. How came you by the gown?

Prisoner Metcalf. The little girl desired us to go and play with her, and this other Prisoner and I stripped the child of her gown, and went to the pawnbroker's with it.

Prisoner Brown [a girl about fourteen years old.] We were going along together, and Metcalf pulled the gown off the child.

Q. to Dockery. How came you to let such a child as that have money upon goods?

Dockery. Because her mother used to send her with things.

John Marrioge (Constable.) The child lost the gown on Friday in the afternoon; I went to Mr. Dockery's house, and searched his books, and the gown was entered as on Saturday. It is a very great pity that these pawnbrokers are suffered to go on in this manner. Acquitted of the robbery, guilty of the felony to the value of 10 d.

+ Elizabeth Metcalf, and Elizabeth Brown , were indicted for assaulting Joseph Safford in an alley or entry in a certain street called Wingfield street , in or near the King's highway, putting him in fear, and taking from him a cotton gown, value 7 d. the goods of William Safford , May 23 .

The Prosecutor not appearing, they were acquitted of this indictment .

[Whipping. See summary.]

268, 269. + Elizabeth Mason , and Sarah Fox , of St. George in Middlesex , were indicted for stealing a pair of silver buckles, value 21 s. a handkerchief, value 6 d. and one guinea, the property of James Bickley , privately from his person , April 28 .

James Bickley . I was asleep in the street, and the Prisoners took from me a pair of silver buckles, a handkerchief, and a guinea.

Q. When was this? Was it in the day or in the night?

Bickley. It was in the night; they confessed it before the Justice, and that they pawned my handkerchief for six pence, and they told me where the buckles were, but the silversmith would not give any account of them: he said he believed he had bought such a pair, but could give no account of them, and unless the man who brought them came he could do nothing in it.

Q. What are you?

Bickley. I am a brewer's servant .

Q. Did you find your handkerchief?

Bickley. Yes; I found it at a chandler's shop in King Street.

Q. How came you to charge the Prisoners?

Bickley. The Prisoners had acknowledged it to one Mother Stout, as they call her: they had been bragging at a ginshop that they had robbed a man in the street, and Mother Stout said she could send for Sarah Fox who was concerned in the fact, and she did send for her; and when Fox came, she told where Elizabeth Mason was, and she was taken up. Acquitted .

270. Catherine Herring , otherwise Brown , was indicted for stealing a tea spoon, value 18 d. a linen handkerchief, value 4 d. &c. the goods of Mary Holmes ; two caps, value 18 d. two aprons, value 2 s. and two shirts , the goods of Richard Platt , May 14 .

Mary Holmes . The Prisoner lodged in my house; I missed these things, and she owned before the Justice that she took them, and I excused her partly for doing it.

Q. Did you let her remain in the house after that time?

Holmes. Yes, I did; she said she had a brother come from sea, that he was ill, and she was forced to take them to help him, and said she would get them again the Saturday following. I employed her as a chairwoman, and the next morning when I came to look for my spoons, one of them was gone. I found it had been pawned in her name, but she said her sister pawned it.

Elizabeth Platt . I missed the things mentioned in the indictment. The Prisoner was continued in the house after she took these things, and she went quite off that night. She took a couple of shifts, a child's dimitty coat, a long lawn apron, and a calico apron of mine. She confessed before the Justice that she took them, and pawned them.

Q. What did she say in excuse?

Platt. She said she designed to fetch them back, and she told us where they were pawned: I had two shirts from Mr. Harrison's.

George Crofton . The Prisoner brought these shifts and a handkerchief, &c. to Mr. Harrison's, and pawned them.

Q. Did she say they were her own?

Crofton. I did not ask her any questions, for my master has known her a great while, and he never knew her do such a thing before.

Edward Herbert produced several things the Prisoner had pawned to him, the property of the Prosecutor's. Guilty .

[Transportation. See summary.]

271. John Rennerson , of St. Giles's Cripplegate , was indicted for stealing a pair of brass candlesticks, value 2 s. a three pint copper pot, value 18 d. and a copper coffee pot, value 18 d. the goods of William Berriman , May 25 .

William Berriman . I keep a publick house in Crowder's Well Alley in Aldersgate Street . About half an hour after six last Saturday morning, I was in bed, and heard an outcry of stop thief; I made all the expedition I could down, and then the Prisoner was brought back with these things.

Sarah Brown . Between six and seven o'clock the Prisoner came in and wanted some anniseed, I told him we did not sell any; then he said he would have some gin, and he had a half peny worth, and I gave him a bit of bread. I heard something rattle, and the Prisoner run away; I called out stop thief, and John Rose run after him, and took him.

Q. Were the things there when the Prisoner came in?

Brown. They were there then, and I was in the house when he came in, nobody else could take them.

Prisoner. When I came into the house I was very much fuddled indeed; there was a man came in, and I heard something chink : there were two or three doors; and I saw four or five persons running. I saw these things lie upon the ground, and I inadvertently being fuddled took them up, for I verily believe that man laid them down. Guilty .

The Prisoner being known to some of the Jury, they recommended him to the court for corporal punishment.

[Whipping. See summary.]

272. + John Simmons* , was indicted for that he at the general goal delivery holden at Abingdon in and for the county of Berks, on Monday the 26th day of July, in the 18th year of the reign of his present Majesty King George the second, before James Reynolds , Esq; one of the Barons of our said Lord the King, of the Court of Exchequer, and Sir Thomas Abney , Knt. then one other Baron of our said Lord the King, of the Court of Exchequer, and others their fellows Justices of our said Lord the King, assigned to deliver his goal of the same Country of the Prisoners therein being: John Simmons , late of the parish of St. Lawrence in Reading, in the County of Berks, labourer, according to due course of law, was indicted, tried, and convicted, before the same Justices, by a Jury of that County; for that he the said John Simmons on the 3d day of April, in the 15th year of the reign of our Sovereign Lord George the second of Great Britain, &c. with force and arms, at the parish of Stratfield in the said County, one cock turkey of the price of 2 s. one hen turkey of the price of two 2 s. two live cocks of the price of 18 d. seven live hens of the price of 3 s. 6 d. and three chickens of the price of 2 s. the goods and chattels of Henry Lannoy Hunter , Esq; then and there being found, feloniously did steal, take, and carry away, against the peace of our said Lord the King, his crown and dignity; and thereupon the aforesaid John Simmons by the foresaid Justices of our said Lord the King, assigned to deliver his goal of the said County of Berks, of the Prisoners therein being, was then and there ordered to be transported as soon as conveniently might be, to some of his Majesty's Colonies and Plantations in America, for the term of seven years, according to the statute in such case made and provided, as by the record thereof doth more fully appear; and that he the said John Simmons afterwards, to wit, on the 18th day of March , in the 18th year of the reign of our said Lord the King, with force and arms, feloniously and without any lawful cause was at large within this kingdom of Great Britain, to wit, at London, in the parish of St. Botolph without Aldgate , in the Ward of Portsoken in London aforesaid, before the expiration of the said term of seven years, for which he was ordered to be transported as aforesaid, against the peace of our Lord the King, his crown and dignity, and against the form of the statute in such case made and provided.

* He was taken up for assaulting and wounding several of the watchmen of Portsoken Ward, and committed to the Poultry Compter by the name of Burgess.

Mr. Francis Higgs produced the certificate of his conviction and order for transportation, viz.

These are to certify, That at the general goal delivery for our Lord the King, holden at Abingdon in and for the County of Berks, on Monday the 26th day of July, in the 18th year of the reign of our Sovereign Lord George the second, &c. before James Reynolds , Esq; one of the Barons of his Majesty's Court of Exchequer, and Sir Thomas Abney , Knt. then one other Baron of the said Court of Exchequer, and others their fellows Justices of our said Lord the King, assigned to deliver his goal of the same Country of the Prisoners therein being: John Simmons , late of the parish of St. Lawrence in Reading, in the County of Berks, was then and there tried and convicted by a Jury of the said County; for that he the said John Simmons on the 3d day of April, in the 15th year of the reign of our Sovereign Lord George the second, &c. in the parish of Stratfield in the said County, one cock turkey of the price 2 s. one hen turkey price 2 s. seven live hens price 3 s. 6 d. and three chickens, price 2 s. the goods of Henry Lannoy Hunter , Esq; did feloniously steal, take and carry away, &c. and that he the said John Simmons then and there prayed the benefit of the statute to be allowed to him, and that the said Justices at the said goal delivery, ordered him to be transported as soon as conveniently might be to some of his Majesty's plantations in America, for the term of seven years, to be computed from the time of his conviction.

Signed

Thomas Multhoe ,

Clerk of Assise for the County of Berks.

April 21, 1745.

Joseph Barker sworn.

Q. Do you know the Prisoner?

Barker. I knew him in Reading goal, and he was carried to Abingdon the summer assizes in July 1742, it will be three years next July. I was one of the sheriffs officers, and assisted the keeper of Reading goal to carry the Prisoners to Abingdon.

Q. What was he tried for?

Barker. He was tried for robbing Henry Lannoy Hunter , Esq; of some cocks and hens.

Q. How do you know him to be the person?

Barker. I am sure he is the man: I was carrying him and thirteen more who were to be transported, and he got away from me about two miles and an half from Reading, as I was told.

Q. Was he confined then?

Barker. He was in irons and handcuffed, but he had cut them off: he carried one of the bazzils along with him.

Q. Did any more of them get away?

Barker. No; I carried thirteen safe.

Q. Was it day-light?

Barker. It was not quite day-light.

Q. Where was you then?

Barker. I was on horseback on the right hand side of the waggon, there was another person on the other side of the waggon, and three or four persons with them in the waggon.

Q. When did you miss him?

Barker. I did not miss him till day-light, and found his irons in the waggon.

Q. Where did you find him again?

Barker. I found him in the Poultry Counter, and he threatened our lives then.

Q. Who told you of his being there?

Barker. The goal keeper was informed of it.

Q. Have you seen him at large since his conviction?

Barker. I never saw him at large since.

Prisoner. Did not you go to school along with me?

Barker. It is so long since that I cannot very well remember it, I know nothing more of the gentleman.

Francis Haslet . I know the Prisoner is the person who stole the hens from 'Squire Hunter: I gave evidence against him at Abingdon.

Q. Are you sure he is the person?

Haslet. I am certain and sure he is the man.

Edward Holloway . I am Mr. Wiseman's turnkey at Reading goal; I was at the bringing the Prisoner up to London with a design to have him on board merchant Forward's ship. He cut off his irons as the other Prisoners told me, and they said he jumped out of the waggon in Maidenhead Thicket between one and two in the morning.

Prisoner. I think it is a very hard thing for a man to swear to another person's voice, as he says he will swear to mine.

Holloway. Yes; I could swear to it your voice is so remarkable, for I have known you fifteen or sixteen years : you have threatened my life a great many times, John.

Lancelot Howlet. I am a watchman of Portsoken Ward. On the 18th of March the Prisoner abused our watchman; there was a warrant served on him the same day for assaulting and abusing them, and I was at the taking him. He wounded some of the watchmen in Gravel Lane, and they got a warrant for him that day as soon as they had an opportunity.

Q. Was there a riot in the night, and an abuse of the watch?

Howlet. Yes; and we went to assist the Constable.

Q. Did you know the Prisoner before?

Howlet. The Prisoner lived in Patrick's Court in Hounsditch with a common sort of a creature.

Q. What creature?

Howlet. Why, a whore or a harlot, or whatever you please to call it. There was a quarrel at an alehouse in Gravel Lane, and I heard that the Prisoner had got away, but the people said there was a watchman very much hurt, and that the Warder had been knocked down and very much abused; so as soon as possible Mr. Day the Beadle got a warrant and went to his lodging, and my partner and I went with him, and we went in with a design to knock him down for fear of his doing us a mischief: I catched the Prisoner by the collar, and he offered, as I thought, to put his hand in his pocket, and presently he gave a chop, and I was cut, but I do not know what he did it with.

Q. Was it the Prisoner that cut you?

Howlet. I saw nobody but the Prisoner and my partner, and I hope your Lordship don't think the watchmen would cut one another. The Prisoner got away from us, but going up the steps by Devonshire Squire we took him again.

Q. What is your partner's name?

Howlet. Jack Lee , or John Lee .

Q. Would you ask Howlet any questions?

Simmons. As to asking that man any questions, I believe he will say any thing, and I will not give the Court any trouble. I hope the honourable Court will take notice of what that man says without my exposing him; he says I cut him, and I had nothing to cut him with.

Howlet. I had hold of his left fist, and with his right hand he made a chop at me, and I received a cut at that time.

Q. Where was you cut?

Howlet. I was cut upon my wrist, and through the wristband of my shirt; I could shew you, but I have not the same shirt on now.

Simmons. What did I cut you with?

Howlet. I said before I could not tell what you cut me with.

Q. Had he any instrument about him?

Howlet. He got from us, and run away; and he might throw that away as he run along. There was none found upon him.

John Lee [a watchman.] I took the Prisoner in Patrick's court in Houndsditch the same day, [for this mischief was done between twelve and one in the morning] Mr. Day the beadle got a warrant to take the prisoner up. My partner and I went at night along with Mr. Day, in order to take him in his lodging; and with a design to knock him down if he made any resistance; and accordingly we told him, if he offered to put his hand into his pocket, we would knock him down: he put his hand in his pocket, and struck at me with a knife; I struck at him, but missed him; I struck at him again, and he fell a reeling [this was in the alley by the Prisoner's house] My Partner Howlet got hold of him, and they were both upon the ground: my partner said, don't strike, for am I uppermost; and there was another watchman [ Robert Robinson ] who was cut in the hat. I felt about his clothes, but he had nothing about him when he was taken.

*The Beadle, Constable, and Watchman, all went in the dark to take him upon a surprize; for they know he was such a desperate fellow, it would be very difficult to take him.

Prisoner. Pray ask this gentleman what they first charged me with?

Lee. Why, for cutting and abusing the watchmen; and cutting that watchman's [Bentley] hand almost off.

John Bentley . I was called out of the watch-house about twelve o'clock or between twelve and one.

Q. What day of the month was that?

Bentley. It was the 18th of March between twelve and one in the morning; I was informed there was a quarrel in the alehouse; I went there, and they charged me with the Prisoner at the bar. He gave me good words, and said, he would stay till the constable came; but all on a sudden he got from me, and cut me cross the head with a knife; then he gave me a cut cross my wrist, and cut the leaders of my arm, and I am afraid I shall never have the use of it again.

Q. Was he in any body's custody before?

Bentley. No, he was quite at liberty.

Prisoner. I don't know the man.

Bentley. I ought to know you; and I believe I shall as long as I live; you have made me remember you.

Richard Baddington. I am warder of the watch-house in Gravel-lane, for Covent-garden precint. There was a woman came to the watch-house, and she said Mr. Simmons had abused her husband at a public house.

Q. Did you know Simmons before?

Boddington. Only by his living some time in the neighbourhood. I went along with her, and going along I said to him, how could you be so unkind as to make such a disturbance and a noise at this time o'night? When I came to the publick house, he wanted to run away, but I took hold of his collar, and he knocked me down; this was at the alehouse. My watchmen hearing that I was in a fray came to my assistance; but the prisoner being a stout, lusty fellow (and, as I suppose, fearing something of danger if he was taken) knocked me down again, and run away.

Prisoner. I have nothing more to say. I submit my self to the honourable court. I know nothing of the matter. Guilty Death .

273. + Ann Davis , late of the parish of St. Andrew Holborn , London, Spinster , otherwise Ann, the wife of Anderears Boswell , was indicted for stealing, three silk gowns, val. 3 l. one silk petticoat, val. 5 s. one cotton gown, val. 10 s. one pair of jumps, val. 10 s. two cotton caps, val. 2 s. three shirts, val. 12 s. two long lawn aprons, val. 4 s. one pair of silk stockings, val. 2 s. 6 d. one quilted stuff petticoat, val. 5 s. the goods and chattels of Matth.ew Morton , in his dwelling house , May 1st .

Matthew Morton . On the 1st of this instant, my wife and daughter were gone out: and these things were lost out of a fore-room up stairs (there is a door to the entry, on one side of the shop) and when my wife and daughter came home, they missed them. I advertised them several times, and on the 13th of this month, Mr. Sherrar, a pawnbroker, came to me, and said, he believed by an advertisement he had seen, he had got some of my things in his custody; that he knew the woman who brought them, for she had been several times at his shop, and may be she might come again; and if she came again, he would stop her: and he stopped her with a gown and a pair of stays. The Prisoner said before Sir Thomas De Veil , that her husband's name was Evans, and that he was a journeyman carver, and lived in Dirty Lane in Holborn; but I found her habitation to be in Parker's Lane in Drury Lane: and I found the chints gown, and the black silk gown and petticoat in her lodging, picked to pieces.

John Sherrar . The Prisoner at different times brought to me, one gown, three shifts, one apron, an under petticoat, and a pair of jumps. On the 13th of May, I saw these things advertised, and they are very remarkable; so I went to Mr. Morton's, and acquainted him with it. The Prisoner came next day, and I stopped her: she used to bring wearing apparel of her husband's, almost every week, and I never suspected her.

Q. What is her husband?

Sherrar. He is a journeyman carver, his name is Boswell, he is a man of a pretty good reputation, he works with a carver in Long Acre. She said, she lived in Dirty Lane in Holborn; (there are two places called Dirty Lane,) one in Holborn, and the other in Long Acre; and I found she lodged in Parker's Lane in Drury Lane.

Prisoner. I was at my chairwoman's house on the 1st of May, from two o'clock in the afternoon, till eleven at night; and Mr. Morton said, they were taken away at two o'clock on the first of this instant. I met an acquaintance of mine, one Mrs. Jones, who lived in Essex, one day as I was going to Clare Market, and she told me, her aunt was dead, and had left her her clothes, and desired to know, if I could recommend her to an honest pawnbroker: I told her I knew a very honest man; then she desired me to pawn them for her; I said, I was not willing to do it, she had better pawn them herself; but as she desired me to do it, I pawned them to Mr. Sherrar, where I used to go, and I would have taken her up to have cleared my self, if I could have found her. She said, she would pull the black gown and petticoat to pieces, to make herself mourning for her aunt.

Mr. Blower. Your landlady said, you had picked that black gown to pieces.

Prisoner. I told Mr. Sherrar I was very sorry they were stolen, and that the woman I had them from was at the end of the street.

Sherrar. She did say the woman she had them of [Mrs. Jones] was waiting at the end of the street; I sent to see, and there was no such person there.

Elizabeth Rollison . The Prisoner lodged in my house six or seven months, and she always behaved very well.

Q. What business is her husband?

Rollison. Her husband is a carver.

Q. What does she do for her living?

Rollison. She used to dress victuals, and wash and mend for her husband.

Frances Brown . I am a chairwoman, I have washed for the Prisoner and her husband. On the first of May, I think it was, she came to me for a shift and an apron.

Q. What day of the week was it?

Brown. It was on a Wednesday about two o'clock in the afternoon.

Q. How long ago is it?

Brown. I can't tell whether this May is out*.

*The Prisoner was tried the last day of May.

Q. What May was it?

Brown. It was last May, I think.

Q. What day of the month was it?

Brown. It was one day in May, I cannot tell what day; I remember particularly it was on a Wednesday.

Q. How do you know it was on a Wednesday?

Brown. I know by my work; because it was a leisure day, and I generally wash on Thursday.

Q. When was you called upon to say this?

Brown. This was about a week ago: When I heard the news I was surprised at it.

Q. Are you sure it was on a Wednesday?

Brown. Upon my oath it was on a Wednesday.

Prisoner. If I had stole these things, I should hardly carry them to pawn, when they were all marked.

Morton. I understand this man [Boswell] is not your husband; for he has another wife.

Prisoner. He is my husband, Davis is my maiden name.

Thomas Evans . I am a barber and perriwig-maker.

Q. Where do you live?

Evans. The last place I lived in, was in Bow-street Covent Garden.

Q. Was you a house-keeper there?

Evans. Yes.

Q. In what part of Bow-street did you live?

Evans. In Jackson's Alley.

Q. How long did you live there?

Evans. About nine months. I have been in the infirmary nine weeks for fits; and then my goods were seized for rent. Before that, I lived five years in Short's Gardens.

Q. What do you know of the Prisoner?

Evans. I have known the Prisoner a great many years, she was born in St. Giles's parish.

Q. Did you ever hear of any dishonestly by her?

Evans. She married one Boswell a carver.

Q. Have you ever heard of her behaving ill?

Evans. Now and then there has been a warrant.

Q. What warrants were they?

Evans. Not capital warrants, only warrants about scolding.

Q. Has she a good or a bad character?

Evans. She has a good character, for what I know.

Morton. Do you remember that she was ever here before?

Evans. I don't know that she was; she never was here to my knowledge.

Morton. Did you never hear that she has been here?

Evans. No, I never did.

Prisoner. Mr. Morton said, he took up another woman, for selling a sheet in Rag Fair.

Morton. There was a chairwoman who worked for us, pawned a sheet there; but that was before I lost these things. Guilty 39 s.

[Transportation. See summary.]

274. Joseph Ninn , of St. John's Hackney , was indicted for stealing 12 china cups, value 3 s. eleven saucers, val. 3 s. and two basons, val. 2 s. the goods of Thomas Brooks , April 27th .

Martha Brooks . The Prisoner took two sets of china out of my house in Homerton Row. My husband is a carpenter , and I keep a lodging house.

Q. How do you know the Prisoner took them?

Brooks. Because they were found upon him.

Q. How did you get them again?

Brooks. The Prisoner was apprehended and brought back to my gate, and he took them out of his pockets himself.

Sarah Brooks (daughter of Martha Brooks .) I looked out of the window, and saw that the gate was shut; and afterwards I saw it was open: I stole down stairs, missed the china off the tea table, and saw the Prisoner go out of the house, and out of the court yard: I run after him two or three hundred yards, and called out, stop thief! He was taken and brought back to the house; I saw him pull some of the china out of his pockets.

Prisoner. What clothes had I on?

Sarah Brooks . You had a whitish great coat.

Prisoner. Had I the same clothes on then as I have now?

Sarah Brooks . I cannot be positive, I think it was something like that.

Q. Are you positive the Prisoner is the man?

Sarah Brooks . I am very sure he is the man.

Mr. Bolton. There was a cry of stop thief, I took the Prisoner, brought him back to the house, and saw some of the china taken out of his pockets.

Prisoner. I was not stopped, I was coming along and met the Prosecutrix, and she said she had lost some china; I said, I had got half a dozen cups and saucers, and I said may be you will say they are yours, and so she did, and charged me with stealing them. Guilty .

275, 276, 277. + John Jeffs , Richard Horton , otherwise Toss off Dick , and Joseph Lucas , otherwise Ninn* , of St. Andrew Holborn , were indicted for breaking and entering the dwelling house of Thomas Chitty , between the hours of nine and ten in the night, and stealing one gown, value 2 l. the goods of Agnes Phillips ; a silk gown, value 3 l. and a cotton gown, val. 2 l. the goods of Mary Herbert ; six pieces of silk called lustring, value 20 s. the goods of Rebecca Page ; 18 shirts, value 4 l. 10 s. 16 lawn stocks, value 5 s. a neckcloth, value 1 s. a damask cap, value 1 s. seven shirts, value 7 s. four frocks, value 8 s. a petticoat, value 1 s. a skirt of a coat, value 5 s. three gowns, value 2 l. a cambrick cap, value 2 s. and a cloth cloak, value 2 s. &c. the goods of Thomas Chitty , in his dwelling-house , April 12 .

* He is the same person who was convicted for transportation upon the preceding indictment. He refused to plead to the name Lucas, and said his name was Ninn.

278. And Eleanor Young for receiving the same knowing them to be stolen , April 15 .

[ At Lucas's desire the witnesses were examined apart.]

Thomas Chitty . I am a watchmaker , I live in Hand Court in High Holborn . On Good Friday the 12th of April my house was robbed by persons unknown, who entered the house, and took the goods mentioned in the indictment.

Q. What time was it?

Chitty. I was in the room out of which the goods were taken at considerably past nine o'clock at night, and I saw that every thing was fast.

Q. How do you know what time it was?

Chitty. I have a great deal of regard to time; I have a clock in the same room.

Q. How was the door fastened?

Chitty. I cannot tell.

Q. What time did you find the door open?

Chitty. It was about three quarters after nine.

Q. How did you discover it at first?

Chitty. My wife, and I, and the maid, were in the back parlour, behind the room where the goods were; the maid looked round her, and said, God bless me, there is something white: my wife and I went into the room, and they proved to be two shirts of mine.

Q. How long was that after you saw that every thing was fast?

Chitty. About half an hour. My wife is a mantua maker, and she remembered she had laid five gowns down in the room, she looked for them, and found they were gone, and that we were robbed of a great deal of linen besides: the gowns lay in a parcel behind the door.

Q. What did you lose?

Chitty. I lost five gowns; there were two gowns of one gentlewoman's, Mrs. Mary Herbert 's, that we are charged five guineas for; there is a gown which is called six pieces of silk, which I think my wife paid a guinea for; a tabby gown of her own she valued at two guineas, 18 shirts which I charge at 4 l. 10 s. though they cost 17 s. a shirt: (there are a great many more things than my wife or I could think of;) and at the lowest I could set them at they amounted to 19 l. 10s. or 11s. which is much less than the value of them.

Q. What did you see upon your coming into the room?

Chitty. I saw the shirts lying upon the ground; I found the parlour door open, and the street door open, but the windows were all fast.

Q. If you were in the next room while the things were took away, how came you not to hear them?

Chitty. It was a surprizing thing that we should not hear, but whether we were talking louder than ordinary, I cannot tell.

Q. What partition was there between the room you were in and the other?

Chitty. But a very thin wainscot, and the door was not shut, it was partly open, and I was the more surprized at the robbery upon that account.

Q. What sort of a night was it?

Chitty. It was a dark misty night.

Q. Do you know any thing of the Prisoners?

Chitty. I do not know any thing of them; as to Mrs. Young I never saw her till last Saturday was sev'night, when I took her in Long Lane by Smithfield. I had a warrant from Sir Thomas De Veil , and another from Sir Joseph Hankey , and by Bye's Direction [the accomplice] I found part of my things at a house which was said to be Mrs. Lucas's house, the wife of Lucas the Prisoner at the bar.

[Part of the goods were produced and showed to Mr. Chitty.]

Chitty. Here is a skirt of a coat which has been upon the backs of ten or eleven children, I can swear to it by that, my Lord; here is a waistcoat of mine, here is one of my stocks, I should know it if I was not to see it for seven years; there are several other things I know to be mine; these were taken in Mrs. Lucas's house. There was a heap of things there of other people's.

Q. What information had you from James Bye ?

Chitty. I advertised my goods twice, I think on the Easter Monday and the Thursday following. I offered three guineas reward and no questions asked, which I think ought not to be done, and if it was to do again, I believe I should not do it. About three weeks after that a young man came to my house, and asked if I had not been robbed; I said, I had; said he, I believe we have taken some of the persons that did it; and one James Bye is in Woodstreet Counter, and by this Bye I came by some of my goods.

Q. What is the person's name?

Chitty. I do not know his name [another person in Court said his name is Tawney.]

Prisoner Lucas. He is a common thieftaker, my Lord.

Thomas Tawney . I never took any body in my life.

Prisoner Lucas. Were there any marks of violence offered to the door?

Chitty. We found the parlour door and the street door both open.

Lucas. Was the lock or the hinges, or any thing broke?

Chitty. There was nothing at all broke.

Q. Was the family up or in bed?

Chitty. They were all up, there were none of them in bed.

Lucas. What particular things were the goods put in, or where did they lie?

Chitty. Some of the things lay in the room, and the other things were in the bureau; there are four drawers in the bureau.

Q. Where did the bureau stand?

Chitty. It stood just within the parlour door.

Jury. Which parlour door do you mean?

Chitty. I mean the door which goes into the passage; it stands between that door and the window that looks into the street.

James Bye . I have known Jeffs about five months.

Q. What is he?

Bye. He is a butcher by trade, but he does not follow the business now.

Q. What does he follow now?

Bye. I believe he has followed thieving these twelve months.

Q. What has he followed since you knew him?

Bye. He has followed nothing but thieving.

Q. Do you know Richard Horton ?

Bye. Yes - he goes by the name of Toss off Dick.

Q. What Business is he?

Bye. He used to follow driving of carts, but for two months he has followed nothing but thieving, though I never was concerned with him but in two robberies in my life, no other than picking of pockets.

Q. What is the other Prisoner's name?

Bye. His name is Lucas, though he came in here by the name of Ninn, because he was tried last assizes at Chelmsford, and he put himself down in that name, because the record should not be brought up against him.

Q. Do you know Eleanor Young .

Bye. Yes.

Q. How long have you known her?

Bye. Ever since Easter Monday.

Q. Where does she live?

Bye. She lived then in Moor Lane, but they say she lives now in Long Lane by Smithfield: they said she was Black Smith's wife [commonly called Black Sam.]

Q. Who were concerned in this affair of Chitty's?

Bye. I was concerned, John Jeffs , Richard Horton , otherwise Toss off Dick, and Lucas; we went from Lucas's house.

Q. What time did you go?

Bye. We went out about eight o'clock, when it was just dusk, and went to Gray's Inn, then we went into Hand Alley.

Q. What did you do there?

Bye. We all four went down to the watchmaker's.

Q. To what watchmaker's?

Bye. To Mr. Chitty's; I did not know he was a watchmaker then; when we came there Lucas opened the latch of the street door, and went into the entry, and then opened the parlour door.

Q. How did that stand? was it on the right hand or on the left hand?

Bye. As you go in it was on the right hand; when he had opened the parlour door I went into the house after him, and Toss off Dick and Jeffs stood at the street door waiting for what things we brought out; Lucas stood at the parlour door and bid me bring in a dark lanthorn, which we had for that purpose.

Q. Where was you then?

Bye. I was in the entry, Lucas ordered me to go and light the dark lanthorn.

Q. Was it dark?

Bye. It was dark, it was a misty night, and rained a little.

Q. What did you do?

Bye. I went to a chandler's shop and lighted a candle, and brought it out between my fingers, and when I came out I put it into the lanthorn, put the blind before it, and put it under my coat, then I came into the entry and left Jeffs and Toss off Dick at the door; I gave the lanthorn to Lucas, and he went into the parlour with it, and presently returned with some womens clothes. I went to Horton for the bag, and Lucas took it out of my hand and put it into Jeffs's hand through a mistake: when he gave these things to Jeffs he ordered him to go and stand at Gray's Inn Gate; Lucas went in again and brought out as many things as I could carry away in the slaps of my coat and under my arms, and Toss off Dick took as many as he could carry away in his arms, and Lucas came out and brought as many as he could carry in his coat and breast; then we went out to speak to Jeffs. I pulled off this coat [the coat he had on] and laid it upon the dunghill, and put as many of the goods into it as I could, and Lucas ordered Jeffs to pull off his coat and put the rest of the things into it; then Lucas ordered Toss off Dick and I to stay at the dunghill till he and Jeffs went to the house again, and they returned with as many things as they could well bring away; then we took the handkerchiefs off our necks to tie them up in.

Q. What sort of goods were they?

Bye. There were a great many shirts and stocks, and I remember this damask cap with a gold button to it in particular. We went a third time to the house, and brought a great many more things away; then we carried all the goods to Lucas's house, and we persuaded Toss off Dick to go home, and told him we should not look at the things that night.

Q. What did you do with them?

Bye. They were sold to Eleanor Young .

Q. Who sold them to Young?

Bye. Lucas did, but they kept some of them for their own use.

Q. When was this?

Bye. This was on Easter Monday; we went for one Ann Collier* to come and look at them, and she would give us no more than 40s. so we would not let her have them: Toss off Dick came next day, and said, that Eleanor Young would give no more than two guineas for them.

* She was tried last December Sessions for Assaulting Alexander Forfar , a Headborough of St. James's Clerkenwell, on the highway, putting him in fear, and taking from him a silk handkerchief, a powder born, and a pistol. See Sessions Paper, No. I. Part III. Page 54. Trial 106.

Q. What, for all these goods?

Bye. Yes.

Q. What money had you?

Bye. We had half a guinea a-piece?

Q. Who gave you the money?

Bye. Lucas did.

Q. Did you see any of these goods delivered to Young?

Bye. I saw her bring some of the goods away.

Q. Did she know how you came by them?

Bye. Yes; very well.

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

Bye. No; but she knew it very well. Jeffs, Lucas, and I, sold her as many things another time as were worth 15 l. for 40 s.

Q. Did you hear Lucas tell her how you came by these goods?

Bye. I did not hear him say any thing to her about that.

Q. How came you to go down this place to Chitty's house ?

Bye. We went down the court to see what we could get, and tried at several latches in the court, but none of them would open but that.

Q. How do you know this was Chitty's house ?

Bye. It was over against the tavern; for the next day we went down the court to hear what rumours there were about the robbery, and we found it was over against the Vine Tavern.

Chitty. It is within one door of being over against the Vine Tavern; they might easily know that, for my name is wrote in capital letters.

Prisoner Jeffs. Had I any of the goods or money?

Bye. You took one parcel of the goods away.

Prisoner Horton. Where did you ever see me?

Bye. I have seen you at the chimney sweeper's in Thatched Alley by Chick Lane, where you used to go.

Q. How long have you known Lucas?

Bye. To the best of my knowledge it was much about the beginning of April that I first knew him, just after he came from Chelmsford : he told me that you was his council there.

Q. Do you know that he was tried there?

Bye. He told me so.

Lucas. What did I open the street door with?

Bye. You opened the street door by a latch.

Lucas. What did I open the parlour door with?

Bye. I do not know; I apprehend it was by a brass knob, but I am not certain.

Lucas. Was there any marks of violence upon the door?

Bye. I believe there were none.

Q. You are sure it was after dark, an't you?

Bye. Yes, I am sure it was; it was between nine and ten o'clock.

Q. How did your acquaintance and Lucas's come in?

Bye. From one Susanna Clark , because she told us he was a very good fellow, and could do his business well.

Q. And that was the reason you engaged with him, was it?

Bye. Yes, it was; Lucas was transported from Greenwich.

Q. What do you mean by being transported from Greenwich?

Bye. That is for what he did at Greenwich, and he was sent over sea for it for seven years, and he staid ten years, and brought this wise over with him.

Q. What business is Susanna Clark ?

Bye. She goes out with nosegays.

Q. What sort of a woman is Lucas's wife?

Bye. She is a woman that when she speaks you may see all her teeth.

Q. Is she a brown or a fair woman?

Bye. She is a fair woman.

Q. What size is she?

Bye. She is much about your size.

Q. What business was you before you engaged in this?

Bye. I was a wheelwright. The first time I went out with them, we stole something.

Q. So you are an old thief, though you are a young man: How long have you followed this trade?

Bye. Ever since Christmas.

Q. Was you in the parlour at all?

Bye. No, I was not; I was in the entry all the time.

Ann Rose . I am servant to Mr. Chitty; I have lived with him about two years and an half.

Q. What time was this thing done ?

Rose. It was between nine and ten at night.

Q. When you are in the entry, do you turn on the right hand to go into the parlour?

Rose. Yes.

Q. Was the street door fastened then?

Rose. Yes; I was the last person that came in, and I am sure I latched it.

Q. What time was that?

Rose. About nine o'clock.

Q. Where was your master then?

Rose. He was below stairs in the back parlour with my mistress; he had been ill, and that was the first time he came down stairs after his illness.

Q. What fastening had the door?

Rose. There is a spring lock and a latch; the spring of the lock was fastened back, and it was latched, that we might let our selves in without always having the trouble of getting up to go to the door.

Q. Was it a wooden latch, or an iron latch?

Rose. It was an iron latch.

Q. Was there any body in company with your master and mistress?

Rose. There was nobody but my master, and mistress, and If we were at supper.

Q. Now give an account of what happened?

Rose. I heard nothing at all, nor saw nothing till I got up from supper; then I went into the fore parlour and saw a shirt, a mantle, and a blanket, upon the floor; then I saw the drawers of the bureau open, and cried out we were robbed, and run to the street door.

Q. What time was that?

Rose. I believe it was about twenty minutes after nine.

Q. Was the door between the sore parlour and the back parlour close?

Rose. It was not quite close.

Q. How could these people go backward and forward five or six times and you not hear them?

Rose. I cannot well tell how it could be, but we did not hear them.

[She proved several of the things which were produced to be the property of Mr. Chitty.]

Bye. There is some of the dirt of the dunghill upon this cloth now: [the cloth that some of the things were tied up in.]

Q. Where is Lucas's house?

Bye. In Blue Anchor Alley in Whitecross Street.

Chitty. I found the things in Blue Anchor Alley, or Blue Anchor Court, in Whitecross Street.

Joseph Lowe. I am a headborough of St. Luke's parish; these goods were found in a house in Blue Anchor Alley. I went with Mr. Chitty and some persons that were with him into the house, because they did not care to take the things away without a proper officer: there were two great bundles of goods, I carried them to my house, and they have been in my possession ever since.

Q. Were they found in Lucas's house ?

Lowe. The people said that Lucas lived there.

Q. Was there any body in the house then?

Lowe. Nobody at all; they had all left the house. I found a great many more goods there, which I have at my house, and I cannot tell who they belong to.

Thomas Tawney . I had been to drink a pot of beer, and was going home, and stopping to wait for a friend, Jeffs said, D - n your eyes, who do you stag at?

Bye. He is telling the story upon what account we were taken up at first.

Q. What happened after that?

Tawney. John Jeffs , one Martin, and this Bye, cut and mangled me in the street in a desperate manner. I took Jeffs up upon the account of mangling me, and that brought all this to light.

Q. Why did they cut you?

Tawney. There were two or three words passed between us, and Jeffs cut me upon the shoulder, and then stabbed me into the shoulder; so I took Jeffs up, Jack Martin , and John Bye .

Q. Where is Martin?

Tawney. He is in the Counter; he is an evidence, but not upon this robbery. When Bye was taken up he desired to go before a Magistrate, for he said he could do something that would be for the good of his country, and desired to be admitted an evidence; and he said I can take two as I go along. I was with the Prisoners at Lucas's house in a Court in Blue Anchor Alley.

Q. How did you know that this was Lucas's house?

Tawney. Bye gave me information of it, and I was there with Mr. Chitty: Mr. Chitty found several things there that were his; and all the things were packed up and carried to the Constable's house.

Prisoner Lucas. Do you know me?

Tawney. No, I do not: Bye said there was a hundred pounds worth of goods in the house; but the people were all gone, and the house was left open.

Bye. Lucas had the whole house, and I lodged in one of the rooms.

Ann Sparrow . I was going along with Mr. Tawney, and saw this Jeffs and one Martin together, (for I never saw Lucas or Horton before) and Jeffs said to Mr. Tawney, D - n your eyes, what do you flag at? and then Jeffs said to Martin, D - n your eyes, kiddy slash away. Mr. Tawney was cut, and I borrowed a hanger to lend a person who went to take them, for they were afraid to go unguarded.

Q. to Bye. Do you know any thing of Tawney's bing cut?

Bye. Yes; he was cut.

Q. Did Jeffs cut him?

Bye. I cannot say that Jeffs cut him, but Martin did.

Q. Who were in company with you?

Bye. Jeffs, Martin, and I were in company. Tawney struck me, and knocked me down, and then I heard Jeffs say Flash.

Prisoner Lucas. I can't say but I have been in Mrs. Lucas's house sometimes, but I did not live there.

Q. Is not she your wife?

Lucas. No, indeed, she is not, my name is Ninn.

Q. Did you live together?

Lucas. I lived the door on this side Mrs. Belfour's in Spittlefield's Market.

Mary Maynard . I have known Fleanor Young a great many years, she has nursed several children for me, always behaved well while she was with me; and she had an opportunity of taking things of value out of my house, and she never wronged me of any thing that I know of.

Elizabeth Smith . Mrs. Young takes in washing.

Q. What is her character?

Smith. She has the character of a washerwoman, and one that takes a great deal of pains for her living.

Q. Has she a good character in the neighbourhood?

Smith. Yes, she has, for I cannot say she is a thief.

Bye. This woman desired me to be as favourable as I could to Eleanor Young .

Smith. I said to him, young man, how came you to put her into your information; did you ever see her before? and he said he never did; and I told him then he was a forsworn villain.

Prisoner Lucas. I desire your Lordship will give me leave to speak in my own defence. The evidence does not do this for the good of his country, only for the sake of the reward.

Prisoner Horton. Bye said he would put me into his information only for the sake of the reward, because I have nobody to appear for me. Jeffs, Horton, and Lucas, guilty , Death .

Eleanor Young acquitted .

John Jeffs , and Joseph Lucas , of the parish of, London, were indicted for breaking and entering the dwelling house of Daniel Dixey in the night time, and stealing two cloth coats, value 30 s. one stuff damask waistcoat, value 20 s. a pair of cloth breeches, value 3 s. six shirts, value 30 s. the goods of the said Daniel Dixey , April 5 .

As the Prisoners were capitally convicted upon the preceding indictment, they were not tried upon this.

279. Joseph Tyler , of St. Mary Whitechapel , was indicted for stealing 150 lanthorn leaves, val. 12s. the goods of persons unknown, April 29 . And

280, 281. Richard Chapler . otherwise Chappelow , and Henry Stafford , for receiving the same knowing them to be stolen .

Jonathan Adams (a horner in Petticoat Lane) said he had lost a great many lanthorn leaves, but did not know who took them.

John Burton (servant to Mr. Adams) said that he knew of 150 lanthorn leaves of Mr. Adams's that were to go to a customer, and they were missing, but he could not say Tyler took them. He said he met Tyler one day with some lanthorn leaves on the road near Mile End, and Tyler said he found them upon the road; and that they sold the leaves, and spent the money. Acquitted .

Joseph Tyler was a second time indicted for stealing twelve lanthorn leaves, value 18 d. the goods of Thomas Layton , April 29 . And

Richard Chapler , otherwise Chappelow, for receiving the same knowing them to be stolen .

John Burton . I know of twelve lanthorn leaves that were really stolen.

Q. Whose property were they?

Burton. They were the property of Mr. Thomas Layton .

Q. Why do you think Tyler stole them?

Burton. Because I saw Tyler take them.

Q. Where did he take them from?

Burton. He took them out of Mr. Layton's cellar.

Q. How did he get into the cellar?

Burton. Any body may go down any morning, the doors are commonly open then.

Q. Did you see him go down into the cellar?

Burton. No, I did not, I saw him come out of the cellar.

Q. How do you know them to be the property of Mr. Layton, might not he carry them down with him?

Burton. I don't know that.

Q. What trade is Tyler?

Burton. He is not of our trade.

Q. What time of the day was this?

Burton. It was about seven o'clock in the morning.

Q. How long ago is this?

Burton. About six weeks.

Q. When did you discover this?

Burton. About two days ago.

Q. Why did not you discover it sooner?

Burton. Because I was not examined before.

Q. What are you in custody for? [Burton was in irons, for he was committed on his own confession, for stealing some lanthorn leaves.]

Burton. I can't tell.

Q. Do you know what Tyler did with them?

Burton. I can't tell.

Q. How came you to discover this thing at last?

Burton. I did not discover it at all; when I was examined, I spoke the truth.

Q. How was you examined?

Burton. I can't tell how I was examined.

Q. Who was you examined by?

Burton. By Mr. Layton.

Q. When you saw this man [Tyler] undersuspicious circumstances upon the road, why did not you speak of this?

Burton. We did speak of it ourselves, and told the people we found some horns upon the road, and had sold them, and spent the money.

Thomas Layton . I have known Tyler a great many years; I can't say he stole my leaves.

Q. Did you miss any?

Layton. We can't miss, nor swear to our goods.

Q. Did you entrust him with your goods?

Layton. I did entrust him some years ago, but I have not had any thing to do with him for several years.

Tyler. I have not been in my master's cellar since I took a few leaves for my wife to seower some years ago, and I did not do well by him, and I never dared see my master since. I have sold leaves several times for that honest man Burton, he has been a dealer this way for several years. Acquitted .

282. Bathia Whitfield , of St. John's the Evangelist , was indicted for stealing a silver spoon, val. 8 s. and a brass tobacco box, val. 1 s. the goods of Thomas Hawkins , May 2 d .

Hawkins. The Prisoner thought fit to borrow a spoon of me.

Q. How do you know the Prisoner took it?

Hawkins. I lost a spoon and a tobacco box; I was not at home when they were lost. I am informed the Prisoner was let into my house by a little girl; and that the spoon was conveyed into my house again last Saturday, by a woman who came for a pail of water.

Mary Painter . I catched the Prisoner at Mr. Hawkins's house, on Saturday was seven night.

Q. Does she keep a publick house?

Painter. No, a private house. A neighbour came and informed me, that there was a thief in Mr. Hawkins's house; I looked in all the rooms, and could not find any body; and when I came into the back garret, the Prisoner was behind the door; when she saw me, she run down directly: the next morning she was taken up, and she owned before the Justice, that she stole the spoon.

Mr. Hawkins's son. I heard there was a thief in my father's house, and that my daughter-in-law and she were shut into the house together; I said to her, if you will deliver the things back again, you shall go about your business: then she said, she had taken a spoon, and thrown it into the soil hole in Tuttle Fields; and that when the soil comes to be emptied, the spoon will be found; she said before the justice, she had taken nothing but a spoon and a tobacco box; but was so drunk then, that she could not tell who she sold it to. She pulled the tobacco box out of her pocket, and said, if I would, I should have that.

Jury. How came the spoon into the house again?

Mr. Hawkins's son. Her landlady came to beg a pail of water, and talked about being lame, and one thing and another; and afterwards, the spoon was found lying open, upon a chest of drawers in the room. She stole five shillings one time off a, mantle piece, and when she was charged with taking it, she said, she had thrown it into a ditch: and I have been told, that she has stole brass-weights, and any thing she could meet with, and has been a common pilfering thief. Guilty 10 d.

The Jury recommended her to the Court for corporal punishment.

[Whipping. See summary.]

283, 284. + Margaret Greenaway and Ann Rush , of the Parish of St. Bridget otherwise Saint Brides in London, were indicted for assaulting George Thorn , on the King's highway, putting him in fear, and taking from him, a hat, value 3s. and 8s. in money , his property, April 25th .

George Thorne . On the 25th of April last, about a quarter before ten at night, I was going by the New Market, and enquired for Shoe Lane: I asked those two gentlewomen the way, and they said, they would shew me the way: they took me down a passage, which, as I have been informed since, was George Alley ; when they came about the middle of the place, one of them said, that is the way to Shoe Lane, and said, Sir, won't you give us something to buy a dram; I put my hand into my pocket, and I had but a penny, which I gave her; she said, D - n your blood, that is not enough to buy a dram; I said, I had no more half-pence; she said, D - n you, you have got money enough, and we will have it before you go. I laid hold of them, with a design to take them to the watch; I did not think they would rob me. Then a fellow in a white frock very dirty came up with a stick, knocked me up against the wall, and gave me several blows with the stick, I was very ill used by him, and in a very bloody condition. Then Rush came up with a penknife, and said, D - n your blood, if you don't deliver your money, I'll cut the ball of your eye out; then a fellow came up in a blue waistcoat, with a long knife in his hand.

Q. Had Greenaway any thing in her hand?

Thorne. No, I did not see any thing; then they robbed me of 8 s.

Q. Who took the money from you?

Thorne. Greenaway took the money, for her hand was in my pocket.

Q. Did you lose any thing else?

Thorne. Yes, they took my hat off my head, then Mr. Keys came up, and the man in blue followed him.

Q. When was it that the man in blue came up?

Thorne. I was robbed before he came up, but he came up immediately.

Q. What did he do?

Thorne. He only held up a knife, and said, D - n you, what are you doing here? and Greenaway said, it is but seven or eight shillings, and the man in blue said, D - n you, I wish it had been as many pounds.

Q. Was you robbed when Mr. Keys came up?

Thorne. Yes, and I told him, one of those women had robbed me; I had hardly spoke the words before the man in blue came up. I had hold of both the women, and should have kept them, if those fellows had not come up.

Q. Had you hold of both the women?

Thorne. Yes, I had hold of them both.

Q. You say you was not robbed till the man in the dirty frock came up?

Thorne. No, I was not; and when he came up, he said, D - n you, what are you doing of? And Rush said, D - n this country cull, I'll cut the ball of his eye out, if he don't deliver his money.

Q. How long time was there between the fellow in the dirty frock coming up, and Mr. Keys coming?

Thorne. Mr. Keys came up presently.

Q. Was the man in blue come up, when Mr. Keys came?

Thorne. He was not; but there was not a moment's difference between their coming. When I told Mr. Keys I was robbed, he said, he was very sorry for it: he went away, and said, he would run to the watch, and acquaint them with it.

Q. Did Mr. Keys run away?

Thorne. I believe he was frightened, for there was a desperate fellow that came up to him?

Q. What happened after that?

Thorne. After the Prisoners had robbed me, they went away. I met Mr. Keys coming from the watch-house, and he said, the watchmen told him, they were vile wicked creatures, and I had better come and look after them in another manner. Mr. Keys told me where he lived, and advised me to come, when I was in a better condition, for I was very bloody.

Q. When did you take the Prisoners?

Thorne. I took them the 7th or 8th of May.

Q. How did you take them?

Thorne. I went into Black Boy Alley, and heard of them; I went to Mr. Berry, who lives in Chick Lane, and told him, I was robbed by two women, and described them, and he ordered me to go to the Pump ale-house in Chick Lane, and Mr. Berry came to me: he went and shewed me several women; I fixed upon the two Prisoners, and told him, those were the two women that robbed me: he said, don't say a word now, for there are a parcel of sad cattle live here, and if you do, there will be murder committed; but about two o'clock in the morning, the constable and the watch secured them, and Mr. Berry sent to me about eight, to let me know they were taken.

Q. How do you know the Prisoners are the women?

Thorne. I took particular notice of them by the lamps, I saw them very distinctly for a considerable time, and I know their voices, and I know them by their gowns.

Q. Did you know the Prisoners before that time?

Thorne. I never saw them before the 25th of April.

Matthias Keys . On the 25th of April, between nine and ten at night, I was going up the Fleet Market, and in George Alley I saw two women and a man, the man was very bloody, and told me, he had been robbed by those two women; one of the women had a penknife in her hand; they were telling some money over, and they took his hat off his head.

Q. Did you see them take it off?

Keys. Yes, they took it off his head just before I came up to them.

Q. How were they telling the money?

Keys. One of them was telling it out of her hand into the other's hand.

Q. How much money was there?

Keys. There were about seven or eight shillings. I went to lay hold of one of the women, and up came a fellow behind me in a blue waistcoat, and a tall fellow in a greasy frock, like a butcher.

Q. Was the fellow in the greasy frock there when you came up?

Keys. No, he was not there then; one of them (he in the blue waistcoat) had a knife in his hand, like a butcher's knife; he swore a great oath, that he would be the death of me, if I assisted the Prosecutor in taking the women. I went into Shoe lane, and called out watch, and said, there was a man robbed. I met the Prosecutor in Shoe Lane; and he told me the women were run away; he would have pursued them then, but I said, I will not go after them now, for they have knives, and we shall be in danger of our lives: he asked me my name, I told him I lived at the Cross Keys Tavern in the Strand; and when the Prisoners were taken up, he sent me word of it.

Q. Do you know the women?

Keys. Yes.

Q. Look at the Prisoners, are you sure those are the women?

Thorn. I know the Prisoners, are the women. That woman in the checked gown [ Ann Rush ] had a knife in her hand.

Q. Did you know them before that time?

Keys. I did not know them before that night.

Q. Did you hear the men that came up say any thing to the women?

Keys. The women said to the men, they had got but seven or eight shillings; and one of the men said, D - n you, I wish it had been as many pounds; and the women said so too; and one of the women threatened to stick me with a knife.

Q. Who took the hat off?

Keys. Ann Rush took it off.

John Berry . I live in Chick Lane.

Q. What are you?

Berry. I deal in horses.

[ Henry Sims , who was in the bail dock, called out aloud, he is a thief-taker, my Lord.]

Berry. I have detected some of them in Black Boy Alley, because they were a pest to Gentlemen who go that way; but I am a great dealer in horses.

Q. Do you know who that is that says you are a thief-taker?

Berry. I believe that is Gentleman Harry, he is as great a rogue as any in the world. I have known him these twenty years; I knew him when he was postilion to Mr. Hide.

[Sims cried out again, he is a very great thief-taker, my Lord.]

Berry. He is a very great rogue, 'tis a pity he had not his deserts as some others have had. The Prosecutor came to me, and informed me, he was robbed such a time by two women; gave me a description of them, and told me they used Black Boy Alley and Chick Lane. There is a hill near that place, where twenty or thirty will fit together, may sometimes forty or fifty of them will fit together in the day time, smoaking their pipes and drinking. I took him to a place, where there were I believe four or five of them together; he fixed upon the Prisoners, and said, they were the two women that robbed him: I said, if we were to attempt to take them then it would be dangerous, and we might run the risque of our lives (for they are a pesterous sort of people, there is a great resort of them there, and they grow very troublesom; indeed there are more women than men now, because the men have been pestered very much lately) so I did not think it safe to take them then, and we took them about two o'clock in the morning in Chick Lane.

Philip Price . I am a watchman in Shoe Lane. On the 9th of May, between one and two in the morning, one Lloyd laid hold of the Prisoners in Chick Lane. I know these are the women that were taken then.

Greenaway. I know none of these persons but Mr. Price the watchman. I know nothing of it; I never do concern myself with any of the men kind whatsoever.

Rush. I was going that night into Field Lane, two men met me, and would have dragged me about; I called Mr. Price to come to my assistance, but he did not come; I am innocent of the robbery they charge me with. Guilty Death .

285. Thomas Proctor *, of St. Mary Woolnoth , was indicted for stealing a silver spoon, val. 12 s. the property of William Barton , May 1st .

* He was tried in May sessions in the mayoralty of Sir Robert Westley Knight, for stealing six pounds in the dwelling house of John Langstaff at the Grocers Arms in Grocers Alley in the Poultry. Sessions Paper, Numb. 5. Part 2d. p. 144. Trial 295.

William Barton . This spoon was lost out of my house [the Swan Tavern in Exchange Alley ] and found upon the Prisoner.

Prisoner. Pray ask Mr. Barton, how I came by the spoon.

Barton. The cook told one of my servants, that she saw the Prisoner take a spoon out of my kitchen, and he pursued him into Change Alley, and took him.

Sarah Lee . This is my master's spoon, the Prisoner came into the kitchen, and asked for a gentleman who was up in the consort room; and he took a spoon up, put it into his bosom, and went out with it. I told my fellow servant, a drawer, of it, and he run after him, and took him.

Thomas Blackhall . My fellow servant said, a man had taken a spoon out of the kitchen, and turned out of our back door, down Exchange Alley; and by Baker's coffee-house he took to his heels. I pursued him, and took him hold by the collar, and brought him to my master's house; as he run along, I heard something drop like a spoon.

Thomas Bower . I saw the Prisoner and the last witness run, I heard something drop, looked to see what it was, and I picked up a silver spoon, which proved to be Mr. Barton's

Thomas Wye . The Prisoner was a lodger with me five years; all I have to say is, that he never robbed me; and I never missed any thing out of my house while he lodged with me.

Q. What business is he?

Wye. He is a wire maker.

Aquila Cooper. I have known the Prisoner about ten years, and I never knew any harm of him; he has been often at my house, putting up beds, and doing other things, and he never did me any wrong.

Prisoner. Pray Mr. Wye, did not Mr. Barton say, that they could not tell, who took the spoon?

Wye. I cannot remember that. Guilty .

[Branding. See summary.]

286. John Allen , of St. Paul's Shadwell , was indicted for stealing an axe, val. 12 d. and a hand saw, val. 5 s. the goods of John Colvill , March 4th.

John Colvill . I lost a saw and an axe, and found them at Mr. Smith's, these are my tools.

Thomas White . I went with John Colvill to Mr. Smith's house to buy some tools, and Colvill bought an axe of Mr. Smith, and it happened to be his own axe.

Q. What is Smith?

White. He is a broker.

Smith. I gave Allen a shilling, and a full pot for the axe, and half a crown for the saw; and we had either one pint of hot or two pints of hot, I can't tell which.

Q. What is Allen?

Smith. He is a lighterman . When I bought these tools I had no more mistrust of him, than I had of any person in the world. I have known him 12 years, and I never knew a man have a better character in my life.

A great many lightermen &c. by their appearance men of credit and reputation, appeared to his character, tho' only three were examined, John Hubberdine , who had known him 30 years, said, he always had a good character.

Another had known him 20 years, he says he is a lighterman, a house-keeper and a man of a good character.

A third said; he had known John Allen seventeen or eighteen years, that he had craft of his own, and had the charge of sixteen or seventeen ships every winter; and has the character of a very honest man. Acquitted .

287. + Jeremiah Burton , of St. James's Westminster , was indicted for stealing a silver watch with a steel seal, value 50 s. the property of Richard Brown , privately from his person , May 2 .

Richard Brown . I am Valet de Chambre to my Lord Essingham Howard . On the second of this month when his Majesty went to the house of Lords, I went with my master's robes, and as I was coming from the house with his Lordship's robes under my arm (there being a great croud) the Prisoner at the Bar pushed very hard upon me, and I found my watch was drawing away, and immediately it was gone: the Prisoner looked me full in the face, and being close to me, I suspected him: I laid hold of him, and said, I take you on suspicion of stealing my watch. I saw one Mr. North a Marshal's man, and charged him with the Prisoner. I went to carry my Lord's robes home, and came back again, got a coach, and Mr. North and another person assisted me to carry him before Sir Thomas De Veil , but before we carried him there I took him to an alehouse, the Robin Hood and Little John, and the people told him he had better confess the fact, return the watch, and go about his business; he said he knew nothing of it, but he said there was a man in a blue grey coat that was near me, who was suspected of doing these things. I said, if he would get me my watch again, I should be glad, for I wanted to go about my business; and I proposed his depositing five guineas as a security for the watch; and the people advised him to send for a friend to bring some money: the Prisoner sent a man with a note to the Goat at Charing Cross for the man to come to him, and sent another to carry a note to a friend of his in Paul's Alley Aldersgate Street, for five guineas as a security for the watch, and it was to be deposited in Mr. North's hand, for I only wanted a security for my watch to be lodged in his hand: when we went from the alehouse he was carried to Mr. North's house, and about nine or ten o'clock a porter came to ask for Mr. North, and said he had a parcel for him: Mr. North said to me, I'll lay you 20 l. there's your watch again: the porter was admitted into the room, and I had my watch again: this is the watch I lost that day.

Q. How did you get the watch again?

Brown. It was brought me in a little bit of rag by the porter to Mr. North's house.

Q. You charge the Prisoner with taking your watch from you, how do you know he took it?

Brown. I don't know that he took the watch from me.

Q. Did you let the Prisoner go?

Brown. Not till I had my watch again; when I had my watch again, Mr. North said, you must go before a Magistrate before the Prisoner can be discharged. We went before Justice Fraser, and we were to tell him we had some words and a quarrel in the Park, and I came to have him discharged: (not knowing so well as a great many people do,) and the Justice said it was a felony, and he could not discharge him.

Prisoner. He said if I would give him five guineas he would make it up with me.

Brown. I did not want any thing more than my watch again.

Prisoner. You can't say I took the watch from you?

Brown. I can't swear that you took the watch from me, but I verily believe if I had not secured you, I should never have had my watch again.

Prisoner. I did not take it, I know nothing at all of the taking it from you.

Jury. Why did not you search him?

Prisoner. They did search me.

Brown. They always have their accomplices ready to take any thing from them.

Charles Cleave . I live in Plumb Tree Court by the New Market. I have known the Prisoner about five years, he is a poulterer by trade, and married a cap maker: I have bought several caps of him.

Q. Where was his settlement?

Cleave. It was in Aldersgate Street at one Philip Emms 's. - I believe he lodged there about two months ago - he lived about four years ago in Three Tun Court in Redcross Street.

Q. What is his character as to his honesty?

Cleave. I think he had a good character, I never knew that he was ever charged with any such thing before.

Matthew Bates . I have known the Prisoner ten years, he was a poulterer, he kept a house in Three Tun Court, and followed cap making.

Q. How long is it since you saw him?

Cleave. I have not seen him for about three months.

Q. Where do you live?

Cleave. I keep the White Bear Inn in Old Street. He used to come often to my house, and frequently brought parcels of caps to sell.

William Tinling . I have known the Prisoner about seven years, and never knew any thing amiss of him.

Q. What was his business?

Tinling. He used to go about with rabbets and fowls, but he has left that off about a year.

Q. What Business are you?

Tinling. I belong to the Crown Office. I have bought fowls and rabbets of him, and I believe him to be an honest man.

Another witness said she had bought black velvet caps of him for hostlers for about four years, and believed him to be a very honest man. Guilty , Death .

288. + Sarah Moore , otherwise Phillis Cox, otherwise Phillis Booker of St. Mary Le Bow , was indicted for stealing a silk handkerchief, value 12 d. the goods of Henry Barnes , privately from his person , May 17 .

Henry Barnes . On the 16th of this month, about twelve o'clock at night, I was going from Black Friars to St. Catherine's, and passing along Cheapside , the Prisoner and another young woman followed me; my coat was open, and my handkerchief was in my coat pocket, for I had it but just before: I said to the Prisoner you have got my handkerchief, and the Prisoner gave it me, and said, there's your handkerchief.

Q. Which of the women took it out of your pocket?

Barnes. I cannot tell.

Q. Is the Prisoner the woman?

Barnes. I believe she is the woman.

Q. Do you think she is the woman?

Barnes. I think it was her.

Q. Was she taken up directly?

Barnes. She was taken up presently.

Q. Is the Prisoner the woman who was presently taken up upon that occasion ?

Barnes. She is the person.

Q. What become of the other woman?

Barnes. She was committed to the workhouse.

Q. Did you put your hand into your pocket to feel whether your handkerchief was there? or did you only put your hand into your pocket occasionally?

Barnes. I put it in to feel for my handkerchief to wipe my face.

Q. Was not you in liquor?

Barnes. I had been drinking pretty plentifully of Yorkshire ale.

Q. Do you think you had your senses so as to know what you did?

Barnes. Yes; I knew very well what I did

Prisoner. He was very much in liquor.

Q. Was you sober?

Barnes. I was pretty merryish, I went home very well that night.

Prisoner. You did not charge me in the watch-house with taking it.

Barnes. I did charge you with it in the watch-house.

Prisoner. Ask him whether he was not so much in liquor that he fell down in the watch-house.

Barnes. I did not fall down at all.

Prisoner. The Constable desired me to give him the handkerchief, and said he must prosecute me; and one talked of a reward of 10 l. and another talked of 10 l. it is only for the sake of the reward.

Barnes. When I took her up, the Constable said there was a reward of 10 l. for every one that was taken in the city.

Prisoner. He said in the watch-house he would not charge either of the women with the handkerchief.

Barnes. I did not say any such thing.

Thomas Rybright . The 16th of this month at midnight the watchmen came to the watch-house about twelve o'clock at night with the Prosecutor, the Prisoner and another woman; the Prosecutor appeared to me to be as sober as he is now, and talked as reasonably as he does now, but the women appeared to be almost fuddled. The Prosecutor said, Mr. Constable, I have had my handkerchief picked out of my pocket, and I desire you would take charge of these women. I asked the Prisoner how she came by the handkerchief; she said the Prosecutor desired her to take it out of his pocket, and he said, he did not say any such thing. When we came before the sitting Alderman, she said she took it out of the right side waistcoat pocket; but when it came to be examined, it was so bad it would not hold a handkerchief; then she said she took it out of the left side pocket, and that was as bad.

Q. Did they talk any thing of the reward?

Barnes. The watchmen I believe did talk of the reward, but I did not much mind what they said; I believe nobody here does it for the sake of the reward.

Prisoner. The Constable persuaded him to call upon him again in the morning, and told him, if he let me go he would not have the 10 l. it is only for the sake of the 10 l. that they do this.

Q. Did you order him to prosecute her for the sake of the reward?

Rybright. I told him I understood the Prisoner was a common nusance, and that prosecuting her would be doing his country justice.

Prisoner. The Prosecutor said he did this for the sake of the 10 l.

Barnes. I never said such a thing; I can call a great many people to my reputation, for I always behaved well.

Prisoner. They drank two shillings in beer, which I gave to the watchmen, and they wanted me to give them a crown, but I would not; I said I have no business to give you a crown when I never did any body any harm.

Q. What money did the Prisoner give the watchmen?

Rybright. I did see one of the women put something into a watchman's hand, but what it was I can't tell.

Barnes. There was no beer while I was there.

Rybright. There was a man before the sitting Alderman, who I believe is one of the thieftakers, and he said the Prisoner was one of the Black Boy Alley crew.

Q. Where do you live?

Prisoner. I live in Goswell Street.

Elizabeth Wilks . I have known the Prisoner several years, I never heard any thing of misbehaviour of her in my life.

Q. What business does she follow?

Wilks. She buys and sells old clothes.

Q. What business are you?

Wilks. I keep a shop at Aldersgate, I have lived there 17 or 18 years.

Ann Martin . I know nothing of the Prisoner, she is an entire stranger to me. I happened to be coming that way by accident, and they were pulling and hawling the poor woman about. I asked what was the matter; I said it was a shame they should do so, and she said they had charged her wrongfully; and she desired to know where I lived: and a man said, I don't know what they pull the woman for, for I don't know that I have lost any thing.

Q. Who was it that said so? was it the Prosecutor?

Martin. I don't know who it was, it was a man's voice.

Q. How long is this ago?

Martin. It is about a fortnight ago as near as I can remember the time.

Q. How many men were there?

Martin. I believe there were two or three men.

Barnes. There was not above a minute's distance between my losing my handkerchief and her being in custody. There were no more than two women there; I am sure you was not there.

Martin. I did not stay long. Acquitted .

289. + Benjamin Stevens , was indicted for that he on the 26th day of April , in the 18th year of his Majesty's reign, upon Sarah his wife , in the peace of God. &c. feloniously, wilfully, and of his malice aforethought, did make an assault, and with a certain knife, of the value of one penny, which he then had and held in his right hand, in and upon the left side of the breast, between the fourth and fifth ribs, feloniously, wilfully, and of his malice aforethought, did strike and stab, and thereby gave her one mortal wound of the breadth of one inch, and of the depth of three inches, of which she instantly died; and therefore the J urors say, that he she said Benjamin Stevens , the said Sarah his wife, feloniously, wilfully, and of his malice asorethought, did kill and murder against his Majesty's peace, &c .

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

Sarah Connell . The Prisoner and his wife lodged in my house.

Q. Look at the Prisoner, do you know him?

Connell. Yes; it is Benjamin Stevens ; I came here to speak the truth.

Q. How long did they lodge in your house?

Connell. They had been about a month there: it is a ready furnished lodging, and they have a lock and key to themselves. The action was done three doors off my house: they lodge in a separate apartment from my house.

Q. When was this done?

Connell. It was done the Friday before May Day: the deceased was alive and well, and came to me with a pair of upper leathers between three and four in the afternoon.

Q. What is your husband?

Connell. My husband is a cordwainer , and the Prisoner is the same, and his wife closed upper leathers for the trade. About three quarters of an hour after six the Prisoner came to my house, and desired I would go into the chamber to his wife; he was in a good deal of confusion and disorder. I asked him what was the matter; he said he was afraid she was dead: I said I hoped there had been no quarrel, or that she had not fell into a fit.

Q. Did she use to fall into fits?

Connell. I cannot tell: he said he wished I would make haste up, for there was a great effusion of blood: I said, I hoped they had not been quarrelling; he said with a great deal of concern, it was a very bad quarrel, for he was afraid she was dead. Said I, I hope you have not killed your wife; he said, he had given a helping hand to it, for she was stabbed; I told him I was sadly surprized at it.

Q. How came he to tell you this?

Connell. I cannot tell; he came himself.

Q. Was he drunk or sober?

Connell. I thought he was very sober; he always behaved himself in a very handsom manner.

Q. Did he behave well to her?

Connell. He always behaved in a very pretty handsom manner to her, and as I think in a very loving manner.

Q. Did the Prisoner offer to run away?

Connell. I'll tell you by and by. My husband said, why don't you go? I said, I did not care to go among blood by myself, so Rose Dockery and Ann Nugent went with me: we found her in naked bed, in her shift, and dead, but to all appearance, and my belief, when I first saw her, I thought she was fast asleep. I turned down the bed clothes, and there was a wound through her shift into her left breast.

Q. How came she to be in bed in the afternoon?

Connell. He said he had been in bed too, and by the bed it appeared as if he had been in bed too; for when they had got a drop of liquor, they used to go to bed.

Q. How came the Prisoner to come and tell you such a story, and not run away?

Connell. I cannot tell. I desired Ann Nugent to go for a Constable, and not to make any noise about it, for if he should know of a Constable being sent for, he may go off; and I will go and keep him in discourse till the Constable comes; so she went to Mr. Oake a Constable in the Coal Yard. I thought to find the Prisoner in my husband's room, but when I came he was gone. I was very angry at it, and said, there was a very barbarous murder committed, and we should be undone.

Q. Had they quarrelled that day?

Connell. I never heard of any quarrel before.

Q. How came you to conceive he had done such a barbarous murder?

Connell. I had not known it if he had not come and told me.

Q. Do you think he was sober when he told it you?

Connell. I think he was as sober then as he is now.

Q. Did you search the wound?

Connell. No; I only laid my hand upon her head and forehead; as she lay quite still, I spoke to her, and desired if she had any breath in her to move or lift up her eyes, but she did not do either. I went there afterwards, and the Prisoner with us, and there was this knife upon the seat that he worked upon [a shoemaker's knife.] I asked him how the knife came there; he said he put it upon the seat himself. The knife was bloody, and there were no sparkles of blood upon her fingers, hands, or face, and hardly any upon the sheet.

Q. Was there any great quantity of blood?

Connell. The blood run through the bed upon the ground, but there was no blood upon the upper sheet. There was no appearance as if she had made any struggling or opposition, and it is my opinion she was killed in her sleep.

Prisoner. Did you ever hear me give my wife an ill word, but only good words, and good usage?

Connell. I never did indeed, Mr. Stevens; I never heard any words between you.

Edmund Killick . On the 27th of April I was sent for to open the body of the deceased; upon viewing the body I found a wound on the left side of the breast, I examined the wound, and found it two inches transversed near the sternon into the pericardium, and into the left ventricle of the heart, and this must be attended with sudden death. I put this knife into the wound, and it fitted exactly.

Q. Are you of opinion that she was asleep when the wound was given?

Killick. It is most probable that she was asleep, because there was no spring of blood: there can be no circulation of the blood without its going into the left ventricle of the heart.

Richard Oake . On the 26th of April Mrs. Connell sent a person to acquaint me that she was afraid there was murder committed; I immediately went and found the deceased bloody in bed, with the bed clothes turned a little way down: I took her by the hand, and found she was dead.

Q. Did you see any knife there?

Oake. Yes.

Q. Was the knife bloody?

Oake. The knife was bloody, and there was a great deal of blood in the bed, and upon the bed. I went to his master Purdue's where he worked and enquired for him, and desired them, if he came to lay hold of him, and send for me, for I believe he had murdered his wife. I went to several houses in Clare Market where the shoemakers use, and could not find him. I went to the house where he lodged before, and he was not there, but they gave him a very good character; then I went back to my house, and found him there drinking a pot of beer with two men. I told him I must take him into custody; he said he was very willing to surrender himself to me. I said, are you the husband of that unfortune woman who is murdered? Yes, said he; I am the unfortunate man who gave her that mortal wound.

He seemed to be vastly concerned, and said, he could freely take the knife and cut his throat for what he had done. He said he believed he should be hanged, and desired nothing but to submit to justice; and desired I would not let him be ill used by the mob. Then he prevaricated, and said, she had got the knife at her breast, and that she said, Now you rogue thrust it in; and that he thrust the knife into her breast.

Prisoner. Did not I surrender myself voluntarily?

Oake. You made no resistance.

Q. Why did not you surrender yourself in the same house where you committed the fact?

Stevens. I was in such a distraction that I did not know what I did.

Ann Nugent . I went with Mrs. Connell, and saw the deceased lye dead in her bed with only her shift on.

Rose Dockery. I went up stairs with Mary Connell between five and six o'clock, and saw the dead body all in her gore, and I saw some blood under the bed upon the ground; and there was a knife which was bloody, and lay upon the seat; I think this is the knife.

Sir Thomas De Veil . The Prisoner was brought before me, and desired to make a voluntary confession. I read the confession twice to him, and he signed it voluntarily and freely, and was very sober. I told him I believed it would be the finishing stroke for him: he seemed to be very penitent, and said, he made this confession of his own accord.

The voluntary confession of Benjamin Stevens , taken before Sir Thomas De Veil , April 27, 1745.

He says, ' That on the 27th of April in ' the evening, he had a quarrel with his wife ' Sarah Stevens , that she put a shoemaker's ' knife to her breast, and bid him kill her, ' and that he thrust the knife into her breast: ' and that they had lived many years in discord. ' And he says that he is sorry for his ' crime, and readily submits himself to justice.'

Sworn Apr . 26, 1745.

Signed voluntarily, Benjamin Stevens .

Prisoner. I had sent her out to buy some victuals, and she came home twice without any: she went out the third time, and I followed her: we went and drank two or three pints of beer, and she drank a dram, for she has been very much addicted to drinking. I persuaded her to go home and go to bed, and I did design to go to bed, in order to get up betimes in the morning. She took the knife off the seat, which is just by the bed, and desired I would kill her, and I dissuaded her from it, and we both struggled, and both fell down upon the bed, and I fell upon her, and run the knife into her.

Connell. It is my opinion she was asleep when she was killed, for I am sure she could not put the knife from her.

John Purdue . This unfortunate man has worked for me and my father twenty two or twenty four years, and in all that time I never saw him strike or abuse his wife, but has used her with abundance of good manners. No body knows what he has undergone with her.

Q. Did you never see him strike or abuse her?

Purdue. I never saw him abuse her; whenever she wanted money of me she had it, and he paid me again. She had a shilling of me that day this unhappy accident happened. I was surprized when the Constable and his landlady came to my house, and said, he had killed his wife.

Q. You said something of his suffering very much by her, how did he suffer?

Purdue. He did suffer very much, for the poor man could not keep a coat to his back, for she was very much addicted to drinking. He came to my shop about half an hour after the Constable had been there: said I, Stevens, what have you done? They say you have murdered your wife; then he said, if I have, I will go and surrender myself to Justice De Veil, and he said he would go to the Constable who lives in the Coal Yard.

Q. What time was that?

Purdue. It might be half an hour after six, or near seven.

Connell. There was a woman in the room even with the Prisoner's; I asked her, if she did not hear any noise, and she made answer, no, and said there was not a word spoke, and she had not been out of the room; that made me think the deceased was asleep.

Oake. The woman said there was no noise or disturbance at all.

Mary Wyman . On the 26th or 27th of April, on a Friday night, I heard of this unhappy accident; I was the more surprized at it, because Mr. Stevens and his wife had always behaved very civilly and endearing to one another : to be sure the woman was very much addicted to drinking; and he has said, Mrs. Wyman, what must I do with this unhappy woman? And he said, he was afraid she would make him do what he would not do; either to make away with her, or to make away with himself. I said, Mr. Stevens, you have had a great deal of patience, and you must have patience. I never heard him abuse her or say that she was a drunkard; and she was not abusive neither; for if she got a little liquor, she would go to bed.

James Robinson . I belong to a benefit club with Stevens, where they allow some money for burying wives; and hearing of this accident, I went to look at the woman, and the Prisoner desired me to go up to help his wife, or she would die for want of help: when I saw her, I said to him, you have killed your wife; God forbid, said he, but we have had a scuffle, and in this scuffle she has got an unlucky cut. She lay close to the side of the bed-stead, and it was easy for her to reach the knife. He is a very temperate man, and I hardly ever heard him swear an oath.

Q. Do you think there was a sign of any struggling?

Robinson. I cannot tell, her eyes were open. He is a very honest man, I have known him some years; she was very much given to drinking, and he always gave her the best of words, I never heard him give her a miss word.

Mary Robinson . I am wife to the last witness; he keeps a publick house in Drury Lane; I have heard the deceased say, the Prisoner had attempted to make away with himself.

Henry Bell . I lodged in the house with Stevens, and I never heard but he used his wife well, but she was very much addicted to drinking; and he would take her and lead her up stairs, and put her to bed. I never heard him give her an unhandsom word in my life.

Q. How long time do you speak to?

Bill. For about a year, when he lived at Mrs. Wyman's: he has said, when I went into the fields along with him, that he never would come back to Drury Lane, for he would make away with himself, and I believe sometimes he was not in his senses.

Mary Connell . The Prisoner and his wife did live in my house about three quarters of a year, and I never saw any thing amiss of him.

Elizabeth Williams . I have known the Prisoner about five years; I have seen the deceased in liquor, and she has attempted to make away with herself, and he has taken the knife out of her hand, in his own room.

Joseph Owen [at Clements inn] I am an attorney. I have known the Prisoner eight or nine years; he worked for me, and was a man of a sober conservation and good morals. I have often had occasion to go to his apartment (for I have done business for him sometimes, and he has recommended me to others to draw bonds, &c.) and I have heard him talk of parting with his wife, but he would not for fear she should want bread. Guilty Death .

290. Ann Berry , of Christ Church Spittle-fields , was indicted for stealing a silver spoon, val. 7s. the goods of John Preston , Feb. 14th .

John Preston . I keep a publick house in Spittle Fields . I lost a silver spoon, I can't say she stole the spoon; but I found it at a pawnbroker's in Rag Fair [the Prosecutor had two spoons in his hand] I lost one of these spoons.

Q. Where does the Prisoner live?

Preston. She has lived about two years in my house, as one of our own family, and I never knew any thing amiss of her.

Mary Burton . The Prisoner came to my house, to desire me to do an errand for her, and that was to pawn a spoon for the gentlewoman at the Paul's Head [Mrs. Preston.] She said, Mrs. Preston had some words with her husband, and gave her this spoon out of her pocket apron to pawn, because she had no money to give her; and I knew she was as intimate in the house, as if she had lived there, and she pawned it for 7 s. to one Mrs. Ireland.

Q. to Preston. Do you believe your wife lent the spoon to the Prisoner, in order to raise money to pay her?

Preston. No, I am sure not in any shape.

Q. She says, your wife and you had some words; how do you know but she might?

Preston. And please you my Lord, if I must speak I must. The maid was ill, and my wife desired the Prisoner to carry some broth to the maid, and gave her a silver spoon to carry to her; and in the evening after she was gone, when I came to look for the spoon, the spoon and the saucepan were both gone. I lent her 10 s. 7 d. to serve her, and she wanted to borrow a crown more. I hope, gentlemen, you'll be as favourable to her as you can.

Prisoner. The gentleman has been pleased to say to this hour, that he would not take 20 pounds for what he has got by me. I did not think it worth while to send for any witnesses, I left myself to the gentleman's and your honour's goodness. Acquitted .

291. + Henry Simms* , was indicted for stealing two perriwigs, val. 30 s. the goods of Joseph Spence , three perriwigs, val. 7 s. the goods of Talbot Waterhouse , one perriwig, val. 2 s. the goods of John Demaine , one perriwig, val. 20 s. the goods of Robert Scott , one perriwig, val. 2 s. the goods of John Seaaton , a cloth coat, val. 2 s. the goods of William Anthone , a cloth coat, val. 2 s. and a cloth waistcoat, val. 6 d. the goods of Gabriel Stewart , in the dwelling house of William Anthone , Aug. 20th. in the 16th year of his Majesty's reign .

* Henry Simms [who we have hitherto called Sims,] otherwise Young Gentleman Harry, made an information before Sir Thomas De Veil , against William Gibbs , Richard Swift , and William Cavenagh , that he, together with the aforesaid persons, Samuel Baker , and Samuel Smith , otherwise Black Sam, broke, and entered the dwelling house of Nathan Smith in Southwark; and stole money and goods to a great value; for which the three first mentioned persons were tried, at the last assizes held at Croydon, for the County of Surry; on which trial the Prisoner swore that he was perjured in his information before Sir Thomas De Veil , and that every thing he had swore therein, with relation to that burglary, was false. See the proceedings at last Croydon assizes, in which are contained the information of Henry Sims relating thereto, and the aforementioned trial &c. Published by M. Cooper, in Pater-noster Row. He was evidence against William Bailey , who was tried in Feb. sessions, for robbing the Duke of Bolton's stables, and acquitted, page 94. trial 179. He was tried himself in January Sessions, for stealing a gold watch, &c. from William Margerum , and acquitted, page 68. trial 140.

William Anthone . I am a barber and perriwig maker , I keep a shop at the corner of the Bell Inn, in the Hay Market ; and a boy lies in the shop: but my house is in Panton Street. About two or three years ago, upon a Sunday evening my apprentice came home fuddled; the shop was broke open and robbed, and he was found lying upon the bed drunk, and his buckles taken out of his shoes, and the hat off his head, and the goods mentioned in the indictment were lost. One opera night, a chairman came to me, and asked me for something for bringing home my boy; said I, I suppose you are the man that robbed the shop; if you want any thing, here is a broomstick for you, that is the best way of paying you, I have paid enough already. About a fortnight or three weeks before last sessions, some gentlemen came, and asked me what I was robbed of, I told them, and went to Sir Thomas De Veil , and gave him an account what I was robbed of.

Q. What gentlemen were they, that came to enquire of you?

Anthone. I can't tell.

Simms. They are thief takers, my Lord: pray did you ever see me?

Anthone. I never saw you. You sent to me to desire me to make it a single felony.

Gabriel Stewart . About three years ago, I was pretty much in liquor, and two men, as they told me, brought me home in a chair. The next morning about four o'clock, I awaked, and I found my self upon the bed in my clothes, and the boxes all about the shop, the shop was broke open and my master was robbed of nine wigs and a coat; and I lost a coat and waistcoat, a pair of breeches and a hat.

Mr. Joshua Brogden , clerk to Sir Thomas De Veil , deposed, That on the 20th day of Feb. last, Henry Simms , otherwise young gentleman Harry, the Prisoner at the bar, was brought before Sir Thomas De Veil by a Constable of Covent Garden parish, for an assault which he had committed the night before, in the house of one Mrs. Coggin: That upon examination it appeared, he had broke out of New Prison Clerkenwell the same night; and it being fully proved upon him, he then desired to speak to Sir Thomas and his clerk in private, for he could make large discoveries: upon which Sir Thomas told him, he would hear what he had to say, and therefore desired all the people to withdraw, which they accordingly did. That Sir Thomas advised him to be very cautious what he was doing, for if he declared any false thing it would turn upon himself. That he took his information, which was made voluntarily, and without any promise of pardon or reward, and then Sir Thomas swore him to it: t hat after he had taken his information, which he signed voluntarily, he took his confession, which was also signed freely and voluntarily.

Simms. A man can't swear against himself.

The following is the information, and consession of Henry Simms , which were produced and read, viz.

Middlesex and Westminster,

to wit,

The information of Henry Simms , taken before me this 22d day of February, 1744.

Who being upon oath, says, That about two years ago, he, together with Christopher Miller* , Benjamin Mccoy+ , Robert Scott , and Roger Allen , broke open a barber's shop next door to the Bell in the Hay-market between ten and eleven o'clock at night, and took out ten wigs, two coats and one waistcoat; says, that he sold two wigs to a barber in Field Lane, two to John Bunce , two more to Richard Bunce , and kept one apiece for themselves; and likewise sold the two coats and one waistcoat in Field Lane to an old clothes man; and the money which they had for all the before-mentioned things was equally divided among them.

*He was tried in January sessions in the Mayoralty of Sir Robert Westley Knight, for stealing four gowns, and transported.

+ He was tried last October sessions for stealing two shirts, &c. that were hanging out to dry and transported.

And this Informant further says, That about two years ago he, together with Robert Scott , Roger Allen , and William Bailey , went between nine and ten o'clock at night to the Duke of Bolton's stables in Hanover Square, and burglariously broke open the coach-house door with an intent to get into the dwelling-house; but says, that whilst they were attempting to get near the house, they heard a servant shutting the window of a room where the linen was hanging to dry, which prevented their going any further, though most of the family were out of town; but says, they broke a door open adjoining to the hay-loft, in which they found a box, which they likewise broke open, containing a white waistcoast with a piece of silver lace in one of the pockets, two pair of stockings, one white and the other grey, a hat and a coat: Says, that they sold the coat, waistcoat, hat, and piece of lace, to an old clothes man in Frith Street, Soho, and the stockings they tossed up for.

Says, that about two years ago, he, together with William Bailey , about twelve o'clock at night, knocked down a man the corner of St. Martin's Lane, and robbed him of one shilling, a silver pocket piece, a hat and wig, which they shared between them.

Says, That in September last was twelvemonths, he, together with one Thomas Cafey , since gone to sea, robbed a gentleman in a chariot at the bottom of Shooter's Hill, of a gold watch, four guineas in gold, and about seventeen shillings in silver, and then rode away towards Eltham, and the gentleman towards Dartford : Says, that this Informant clapped a pistol to his breast, whilst the said Casey robbed him: and this Informant says, that he sold the gold watch to one Basingstoake, at the Lady Mordington's gaming-house, for nine guineas.

Says, That about the same Time, he, with Thomas Cafey , went upon Black Heath about three o'clock in the afternoon, and robbed a gentleman of about seventeen pounds: Says, that he was immediately pursued by five or six persons on horseback, who knocked him off his horse, upon which he left his horse and run over the fields towards Eltham, and hid himself in a hedge till it was dark, and then came to London.

Says, That between three and four years ago, he, together with one John Eagle , went from London to Shrewsbury, and being in company with some persons in that town, heard them say, that the collector was coming to town with a great deal of money, it is well if he is not met with, and robbed.

Says, That hearing them say he had a great deal of money, they immediately took their horses, and met the collector between Newport and Eversey Bank, and robbed him of 300 l.

Says, That after that two men were taken up and hanged for that robbery.

Henry Simms .

Sworn before me this 22d day of Feb. 1744.

Thomas De Veil .

Middlesex and Westminster,

to wit,

The voluntary consession of Henry Simms .

Who says, That he acknowledges himself to be a party in all the foregoing robberies, which he has voluntarily discovered.

Henry Simms .

Taken before me this 22d day of Feb. 1744. Thomas De Veil .

Mr. Anthone's shop not being proved to be his dwelling-house, the Prisoner was acquitted of stealing in the dwelling-house, and found guilty of the Felony .

[Transportation. See summary.]

292. + John Haynes* , of Chirst Church Spittlefields , was indicted for breaking and entering the dwelling-house of Catherine Quantin , widow , in the day time, the said Catherine being therein, and stealing thirty three yards of linen and cotton stuff called checque, val. 28 s. 6 d and two yards of striped linen, value 18 d. April 26 .

*By an act made in the reign of Q. Eliz. breaking and entering a dwelling-house in the day time, and stealing the value of 5 s. is a capital offence, if the person is put in fear.

Catherine Quantin . On the 26th April I was ill in bed, and about eleven o'clock in the forenoon I heard my servant, Sarah Taylor , cry out in a violent manner, Ha Master! and afterwards Thief; first I thought I heard her in the entry, and afterwards in the street. I dressed myself and came down; my shop was full of people, and the thief was brought back to my house: these are my goods.

Sarah Taylor . I was at the door between ten and eleven in the morning, I came in, and shut the door after me.

Q. What door?

Taylor. An entry door that comes into the shop, not the street door. I went through the shop into a little room, and heard a noise in the shop. I went into the shop, and saw the Prisoner in the entry with these goods under his arm, and he went out into the street with them. I went out at the door, and cried, Ha Master! and then cried out, Stop Thief. He was taken with the goods under his arm before he was out of sight.

James Grimault . I saw the Prisoner peeping in at the corner of the sash of the shop where there were some silk handkerchiefs. I saw him go in at the door without any thing under his arm, and he was not a minute before he came out with these checques under his arm: they were all loose, and I judged he could not be long enough to chaffer for them; and presently the maid came out, and cried, master, stop; so I took him by the collar, and carried him back to the shop. Guilty of the Felony, acquitted of breaking and entering the dwelling-house .

[Transportation. See summary.]

293. + Henry Tiller +, of Bedfont, [called Belfond] in the County of Middlesex , yeoman , was indicted for that he, after the first day of June, 1723, to wit, on the 18th of January last, a stack of hay of the value of 3 l. of the goods and chattels of William Grigson , feloniously, voluntarily, and maliciously, did set fire to, and with fire did burn and consume part thereof against the peace, &c. and against the form of the statute, &c.

+ This was made a capital offence by an act made in the 9th year of King George the First.

Mr. Grigson deposed, that he had part of a stack of hay burnt, and that he suspected the Prisoner, because he had been informed he said he would do for him. That he is a farmer in the same neighbourhood, and there had been some law suits between them, and that he is forced to carry arms to defend himself from the Prisoner, because he would lye lurking about the fields with pistols to do him a mischief.

Several persons were produced by Mr. Grigson, who saw the hay on fire, but could not prove any thing against the Prisoner, not even so much as seeing him near the place under any suspicious circumstances or unreasonable hours: they could only say, that there had been differences between them, and that the Prisoner had threatened to do for Mr. Grigson. Acquitted .

294. James Bulleck , of St. Mary Whitechapel , was indicted for stealing six dozen of galley tiles, val. 6 s. the goods of Henry Haley , Esq ; and Mrs Newnham , May 6th . And

295. Edward Witcher , for receiving them knowing them to be stolen . Acquitted .

296. Elizabeth Blackburn , of St. Ann Westminster , was indicted for stealing a sheet, val. 6 d. a tablecloth 12 d. a shirt, 6 d. a saucepan, 6 d. &c. the property of John Pilet , April 9 . Guilty .

[Transportation. See summary.]

297. Mary Brooks , of Pancras , was indicted for stealing a tabby gown, val. 5 s. a gown, val. 3 s. and two petticoats, val. 4 s. the goods of Mary Harris , a sheet, val. 5 s. and a gown, val. 6 d. the goods of Jane Waggett , a coat, val. 10 s. and a waistcoat, val. 2 s. 6 d. the goods of Thomas Waggett , May 12th . Acquitted .

Hugh Catherall , convicted last April sessions, for personating Robert Catherall , and in his name entering into a recognizance of 1000 l. in the high Court of Admiralty with an intent to defraud the said Robert Catherall , was fined 5 l. and ordered to remain in gaol for the space of three years , from this time next ensuing, in the mean time to stand in and upon the Pillory, in the most convenient place in St. Paul's church yard near Doctors Commons London, for the space of one hour, between the hours of eleven and two in the day time ; and at the expiration of the said three years, to find good sureties before the Lord Mayor of the city of London for the time being, for the space of three years more from thence next ensuing, himself to be bound in 50 l. and two sureties in 20 l. each, and then to be discharged: but in case the said fine should not be paid, on or before the expiration of the said three years, then to be kept farther until the same shall be paid.

William Goodall , convicted in April sessions last of wilful and corrupt perjury, was fined 5 l. and committed to the gaol of the Poultry Compter London; there to remain for the space of two months next ensuing , and is ordered to stand in the mean time in and upon the Pillory, at the end of Fetter Lane in Fleet-Street, for the space of one hour, between the hours of eleven and two in the day time ; and at the expiration of the said two months, to find good sureties before the Lord Mayor of the city of London for the time being, for the space of two years from thence next ensuing, himself to be bound in 100 l. and two sureties in 50 l. each, and then to be discharged; but in case the said fine should not be paid on or before the expiration of the said two months, then to be kept in the said gaol further until the same shall be paid.

The following persons who received sentence of death at the two last sessions, were executed, viz.

James Stansbury ,

Martha Stracey ,

Condemned in Feb. sessions were executed on Friday, March 15th.

Mary Cut and come again ,

Edmund Gilbert ,

Samuel Keep ,

Lettice Lynn ,

George Norton ,

Stephen Parsons ,

Edward Ryan ,

Condemned in April sessions, on Friday June 7th.

The trials being ended, the Court proceeded to give judgment as follows.

Received sentence of Death. 8.

Ann Rush 284

Benjamin Stevens 289

John Simmons 272

Jeremiah Burton 285

Joseph Lucas 277

John Jeffs 275

Marg Greenaway 283

Richard Horton 276

Transportation for 7 years, 10.

Ann Davis 273

Alexander Connell 260

Catherine Herring 270

Eliz Stavenaugh 264

Eliz Blackburn 296

Henry Simms 291

John Haynes 292

Peter Delander 261

Rose Robinson 259

William Carter 257

Burnt in the hand, 2.

Thomas Proctor 285

Thomas Spike 265

Whipt 5.

Bathia Whitfield 282

Elizabeth Metcalf 266

Elizabeth Brown 267

John Rennerson 271

Sarah Davis 258

Hugh Catherall , convicted last April sessions, for personating Robert Catherall , and in his name entering into a recognizance of 1000 l. in the high Court of Admiralty with an intent to defraud the said Robert Catherall , was fined 5 l. and ordered to remain in gaol for the space of three years , from this time next ensuing, in the mean time to stand in and upon the Pillory, in the most convenient place in St. Paul's church yard near Doctors Commons London, for the space of one hour, between the hours of eleven and two in the day time ; and at the expiration of the said three years, to find good sureties before the Lord Mayor of the city of London for the time being, for the space of three years more from thence next ensuing, himself to be bound in 50 l. and two sureties in 20 l. each, and then to be discharged: but in case the said fine should not be paid, on or before the expiration of the said three years, then to be kept farther until the same shall be paid.

William Goodall , convicted in April sessions last of wilful and corrupt perjury, was fined 5 l. and committed to the gaol of the Poultry Compter London; there to remain for the space of two months next ensuing , and is ordered to stand in the mean time in and upon the Pillory, at the end of Fetter Lane in Fleet-Street, for the space of one hour, between the hours of eleven and two in the day time ; and at the expiration of the said two months, to find good sureties before the Lord Mayor of the city of London for the time being, for the space of two years from thence next ensuing, himself to be bound in 100 l. and two sureties in 50 l. each, and then to be discharged; but in case the said fine should not be paid on or before the expiration of the said two months, then to be kept in the said gaol further until the same shall be paid.

The following persons who received sentence of death at the two last sessions, were executed, viz.

James Stansbury ,

Martha Stracey ,

Condemned in Feb. sessions were executed on Friday, March 15th.

Mary Cut and come again ,

Edmund Gilbert ,

Samuel Keep ,

Lettice Lynn ,

George Norton ,

Stephen Parsons ,

Edward Ryan ,

Condemned in April sessions, on Friday June 7th.