Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 April 2014), October 1745 (17451016).

Old Bailey Proceedings, 16th October 1745.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY, On WEDNESDAY the 16th, and THURSDAY the 17th of October.

In the 19th Year of His MAJESTY's Reign.

BEING THE Eighth SESSIONS in the MAYORALTY of the

Right Honble Sir Henry Marshall , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VIII.

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

London Jury.

Henry Franklin

James Simpson

William Mascall

John Nicholls

William Lapper

Christopher Goodman

John Ballard

John Jones

John Richardson

Robert Jennings

John Hyder

Richard Jackson

Middlesex Jury.

Richard Smith

John Pyke

Christopher Jennings

William Edwards

Philip Griffin

Richard Ford

Robert Wood

Thomas Spicer

William Vultjohn

William Abram*

Marine Ingram served on the Jury on Thursday, in the room of William Abram who was indisposed.

Bartholomew Kilpin

Stephen Race .

364. + Elizabeth Braningham , of Stepney , was indicted for stealing a pair of gold ear rings, val. 3 l. 10 s. a pair of gold sleeve buttons, val. 12 s. a silver snuff box, val. 6 s. a hat, val. 10 s. a guinea and six shillings in money, the property of Patrick Braningham , in his dwelling house . Oct. 1 st .

Patrick Braningham . My wife took the Prisoner in out of the London work-house naked, and clothed her, and kept her about a fortnight, and then she robbed me of these things, (she is a relation of mine) which she confessed she took out of my drawer, and told me she had pawned one ring, and the snuff-box to one Greg in Barnaby street, Southwark; and one to another person, and the other two rings she had given to two of the keepers of the London work-house. One of them told me she owed him 7 s. and three half-pence; and I could not get either of them. I was informed that one was sold for 19 shillings. The Prisoner told me she had lost the guinea, and the sleeve buttons out of a handkerchief she had tied the things up in, and that she took a coach, and the coachman went away with the hat.

Mr. Reilly said he saw the snuff-box taken out of pawn, and knows it to be the Prosecutor's. Guilty 39 s.

[Transportation. See summary.]

365. + Hannah Phillips , of St. Martin's in the Fields , was indicted for stealing a silver mug , val. 3 l. the goods of Mary Beaumont , in her dwelling house , Sept. 24 .

Mary Beaumont . I keep an Inn ; the Prisoner came into the tap-house to sell me some lemons, the mug was there when she came, and presently after she was gone I missed it. I went about two hours after with my man , belonging to the yard, to her lodging, and charged her with taking it, and brought her back to my house; and she said she had pawned it to Mr. Edwards, at the Three Blue Balls in Barbican. When I went to enquire after it Mr. Edwards said he had bought the cup of the Prisoner, and refused to let me see it. But in four or five days afterwards he brought it back to me - he did not demand any thing for it then .

Jackson. I was at Mrs. Beaumont's that night, and she said she had lost a silver mug, and believed the person that stole it was in the house. The Prisoner was there, and very much in liquor. She said if Mrs. Beaumont would let her go to bed she would tell her more in the morning. I persuaded her to tell the truth, and it might be the better on her side; and she confessed she took it out of Mrs. Beaumont's house; and had pawned it at the Three Blue Balls in Barbican, but did not know to whom; and before the Justice she said she had sold it there for three guineas and four shillings.

Beanmont . I did not hear her say any thing before the Justice. Guilty 39 s.

[Transportation. See summary.]

366. Mary Owen , of St. George, Bloomsbury , was indicted for stealing a cotton gown, val. 10 s. a muslin handkerchief, val. 4 d. a muslin hood, val. 3 d. a cap, val. 3 d. a flannel petticoat 12 d. and a handkerchief 4 d. the goods of William Miller , Sep. 14 .

Jane Mister . The Prisoner had been chareing at my house for a lodger, and the key of my room was left in the other lodger's room, and I suppose she opened the door and took these things out. She confessed she pawned the gown for six shillings to Mr. Hutchins.

Hutchins. I had known the Prisoner's father and mother a great while, for they often brought things, and took them out very honestly; when the Prisoner brought this gown, I did not care to take it from her, but bid her bring her mother. I asked her whether the gown was hers, and she said, yes, and I lent her six shillings upon it. When she was taken up, I asked her how she came by it, and she said she had it of a person in the street. Guilty .

[Transportation. See summary.]

367. Thomas Morris , of St. James's, Westminster , was indicted for stealing two pieces of Portugal gold coin, 36 s. each, val. 3 l. 12 s. fifteen guineas , and 9 l. 13 s. in silver , the property of Robert Ireland , Sept. 24 .

Robert Ireland . I am hostler at the White Bear Inn in Piccadilly . The Prisoner was an under hostler to me , and lay in the same room with me . I lost a box out of my room with 29 pound in it; when I missed the box I had a suspicion of the Prisoner, and found him at the Crown in Grubst-reet; a place he sometimes went to. I searched him, and took 14 guineas from under one of his garters, and two 36 s. pieces from under the other. He said he took the box out of my room, carried it into the haylost, and broke it open with a stable fork tire, and took 29 l. out of it. I had discharged him the day before, but he found means to get into the yard, and owned he came into my chamber when I was in bed, and took it away. - I lie with my door open that I may hear people knock.

Lyonel Daeth . I was present when the Prisoner owned he took 29 l. from the Prosecutor; 14 guineas were taken from under one of his garters, and two 36 s. from under the other, and also 2 s. 3 d. he gave Mr. Ireland.

Ireland. He did give me 2 s. 3 d. but I forgot that Daeth, when we took him, said, if we had not taken him then, he was going on board a privateer, and we should never have seen him any more.

William Bressingham . The Prisoner lived with me as a hired servant three months, and behaved very honestly to me during that time. He went away because my place was too hard for him. Guilty .

368. Elizabeth White , of St. John, Hackney , was indicted for stealing a parcel of shirts and shifts, &c. the property of sundry persons in the workhouse of that parish , Sept. 24 .

James Fletcher , [master of the workhouse.] The Prisoner belongs to the parish of St. John, Hackney, and has been in the work-house. These goods were lost out of the work-house; I had a suspicion of the Prisoner, and sent after her, and heard of her in Castle street. She had broke over the wall, and took the things away. I have known her about three years and an half, she is about 26 years of age, and able to work, but does not love it. She says the gentlemen shall maintain her without working.

White. I am out of my senses sometimes, and I have hanged myself , and the master of the workhouse has cut me down again. Ask him whether he has not.

Fletcher . No, I never did cut her down. She can sham mad when she pleases. I do not take her to be mad.

Q. Did she ever attempt to hang herself?

Fletcher . Yes, she did when we brought her in a cart to Newgate. She would put a string about her neck sometimes, and make us believe she would hang herself; but she has more wit than to do that.

Edward Dudley . A person belonging to the work-house said, when he heard the work-house was robbed, he suspected the Prisoner, and went into Castle street, and found the things at Mr. Smith's, where the Prisoner had left them, and she found the Prisoner at, lodging house, and brought her to her own house. That when the Prisoner saw him, she said, d - you, what do you do here? and he said, he came to take her for robbing the work-house, but she denied the fact, though she had a shift and a hood on that belonged to their people: and the other things were in the bundle she brought there.

Ann Grosvenor proved the things that were taken upon the Prisoner to be the property of her and others belonging to the house.

Ann Smith proved the Prisoner brought a bundle to her house, and left it there, and was sure that the apron the bundle was tied up in, was the same the Prisoner brought, and that she said she found the things at London house.

Jemima Kirton , said when she first came down in the morning she found the wash-house in a great disorder, and these things lost.

Q. Do you take her to be mad?

Kirton . She is more politick than mad. She is more knave than fool.

Prisoner. That very woman three years ago cut the halter off my neck, and sent for a surgeon to bleed me.

Kirton . I know nothing of it. I never saw a halter about your neck, and I hope I never shall. Guilty .

[Transportation. See summary.]

369. Mary Shelton , of St. Martin's in the Fields , was indicted for stealing a holland shirt, val. 10 s. the goods of Elizabeth Harvey . Sep. 27 .

The indictment being laid for stealing a shirt, and it being a shift that was lost, the Prisoner was acquitted .

370. Joseph Howell , otherwise Lying Joe , of St. James's, Westminster , was indicted for stealing a guinea , the property of Elizabeth Cooke , Oct. 5 .

Elizabeth Cooke . On Saturday was seven-night, there were some goods brought out of the country to my Lord Charles Cavendish 's house in a cart, and three men came with them, and said, they had got some goods for my Lord. And the Prisoner came in as the others did, and brought some of the things in. I asked what there was to pay, and this porter [Henwood] said 12 s. and 2 d. for bringing them out of the country; but there was some other charges for bringing them there. Said Howell ; why don't you tell her what it is? and Henwood said it was 14 s. 2 d. I went up for a guinea, and when I came down I offered it to Henwood to get it changed.

Q. How many men were there?

Cooke . There were three men besides this Howell. And I thought he belonged to them; and the Prisoner took the money.

Q. How did he take it?

Cooke. He snatched it out of my fingers, and run away with it; he staid a great while: said I, I believe the man is drowned with the money; said the men to me, do you know the man? No, said I, I thought he belonged to you: said they, he was on the outside of the door, and we thought he belonged to the house. We asked him whether this was my Lord Charles Cavendish 's, and he said yes; I told him we had brought some goods, and when we came in he came in along with us. The men wanted me to pay them their money, I said I had paid it once already; they said it was very hard for them to lose their money, and I said it was hard enough for me to lose the 7 s.

Council . Had not you your money again?

Cooke . Yes; we had the money again next night.

Council. The man only got drunk, and sat at the alehouse, and forgot himself.

John Henwood . I went to the door with the cart, and the Prisoner stood against the door; I asked him whether this was my Lord Cavendish's; he said, yes. He asked what parcels we had for my Lord; I said three; and he knocked at the door, and we carried the things in. The gentlewoman asked what they came to, I said 12 s. 2 d. and then I said it was more: the Prisoner said, why don't you say all at once; then I said it was 14 s. 2 d. She went and fetched down a guinea; it was a Queen Anne's guinea with the head uppermost, and bid me change it, and the Prisoner snatched the guinea out of her hand, and said he would go and change it, and run away with it.

Q. Did she say to the Prisoner take the guinea and change it, as she did to you?

Henwood . She said nothing at all to any body else. I went to a publick house to enquire after him, and described him; and there was a man with a black cap and a chew of tobacco in his mouth, and he said he knew him, and that he went by the name of Lying Joe, and was as great a villain as any in England, then I thought I should lose my money. I met a person who told me he believed if I went to one Mr. Barber's, who he said was a very honest man; he would tell me where he lived, and he did direct me where the Prisoner lived. I went to his house, and spoke to him, and said, do you know Joe Howell ? Yes, he said he was the man. I told him I wanted him to go to my Lord Charles Cavendish 's to carry the guinea back again. He said he had not been out all night. He was in another suit of clothes, and said he had had no other coat on that night: then I went to Mrs. Cooke to ask her whether she could know the man again that run away with the guinea; and when she saw him, she said that is the man who took the guinea out of my hand, and I know him to be the man: the Prisoner said, no, madam, I had none of the guinea. - This was about two hours after the thing was done; the Prisoner had half a guinea in his hand, and I endeavoured to get it out, but could not, but his wife took it out of his hand, and gave it to us, and said that was more than we deserved; then she gave us another shilling, and afterwards pulled out 3 s. 6 d. more, and said we should have no more, but at last she had it.

Council . Was he drunk or sober then?

Henwood . He was as sober then as he is now.

Council. Did not his wife readily pay the money?

Henwood. The money was paid to Mrs. Cooke, she had it again that night.

John Barber . I have known the Prisoner seventeen or eighteen years, he is very subject to get drunk, and then he don't know what he does, but when he is sober, I would trust him with 100 l. as soon as I would any man in England. He lived with 'Squire Mitchel in Grub Street, who is dead - I am a house-keeper, I keep a coalware-house and a joiner's shop; I have sent him with many a guinea to change.

John Philpot . I have known the Prisoner three years, and never heard he had a bad character; I have trusted him a hundred times to shut my shop, and never knew any harm of him. Guilty .

[Transportation. See summary.]

371. James Davis , of Bedsont , was indicted for stealing a waistcoat, value 10 s. and a shirt, value 4 s. the property of Thomas Hunt , October 11 .

Thomas Hunt . On the King's coronation between eight and nine at night I went to the church, the bells were then ringing, and I had a mind to divert myself, and I believe then I lost these things. The Prisoner was my fellow servant , and no body else was in the house; I got my master's horse the next day and followed him, and between three and four in the afternoon I took him in London with the things upon his back; he got out of my arms, and run away, I cried stop thief, and he cried so too.

Prisoner. There was a fellow who lay two or three nights in the barn sold them to me. - I went from my master because I could not do his work.

His master declared he did not know of his going away before he was gone, and lent Hunt his nag to go after him.

William Hooker , the Constable, deposed, that when he took him, he said he had them of a man that run away with him from his master's.

Jury. Was there any man that run away with him, or any other man lurking about the house?

Hunt . Not that I know of. Guilty 10 d.

[Transportation. See summary.]

372. Paul Pond , of London, was indicted for stealing a silver butter cup, value 18 s. the goods of Roger Cole , Dec. 18 .

Roger Cole . On the 18th of December I lost a silver butter cup from my house at the Mitre Tavern in Fleet-street ; I have some pieces of it which were found in the Prisoner's trunk in his master's house: there are seventeen pieces, some of them have part of the letters of my name upon them, and before the Justice he said he found that upon the stairs in my house.

Stephen Quillet . On the 21st of December the Prisoner offered me some pieces of silver to sell ; I asked him how he came by them; he said he found them in the Park. He went out of my shop, and a gentleman who was coming by spoke to him; when I saw he went farther than my door, I said, young man don't leave your silver in the shop, but come back and take it: he did not seem very willing, so I took him by the collar and brought him back, and then he offered to run away; I brought him by force into the shop, and looked into the advertisements, and found there was an advertisement of Mr. Cole's, and I sent to him, and the Prisoner was carried before a Justice, and there he said he found it upon the kitchen stairs in Mr. Cole's house.

Prisoner. I went into the gentleman's shop to ask him whether it was silver or no, and he said he believed it was.

Quillet. He did ask whether it was silver or not.

Cole. I believe his master is a very honest man, and that it is the first fact the Prisoner ever committed. Guilty .

The Jury recommended him to the Court for corporal punishment.

[Branding. See summary.]

373. Mary Thomas , otherwise Dells , of St. James's Westminster , was indicted for stealing a gown, value 5 s. and 7 s. in money , the property of John Rayner , Sept. 15 .

Anne Rayner . The Prisoner was my servant ; I was abroad, and gave her the key of my house in order to go and take care of it: she went into the house, took the gown and money and the key along with her, and threw the key away.

Robert Howse . I took the Prisoner up, and while she was in custody she confessed she took the gown.

Prisoner. It was none of her gown: pray let it be tried on, it will not fit her, it was a young woman's who lodged with her, and she tore it off the young woman's back, because she had been in company with a young man that she had half a guinea of, and spent it, and owed her money, and did not pay her.

Rayner. This is my gown, and she confessed she took the money and the gown.

Ann Hyam . I had this gown from Mrs. Rayner to mend, and it was very much torn when it came to me.

Furlong. I heard the Prisoner say she would pay the money she took from Mrs. Rayner if she would not take her up.

Prisoner. He is a bailiff's follower, and Rayner keeps a bawdy-house, and had her own sister debauched for ten guineas. Acquitted .

374. William Bruin , of St. Mary Lestrand , was indicted for stealing a cossoy cushion, value 5 s. the goods of Thomas Lloyd and Joseph Hayward , Sept. 14 .

Thomas Lloyd . Between ten and eleven at night last Saturday was a month, I lost this cushion out of my chair.

Andrew Baker . As I was crossing the way I saw the Prisoner between the poles of the chair, and saw him take this cushion out of the chair. I let him go to the channel, then I catched him by the right arm, and took it from under his left.

Prisoner. Do you think if I had been guilty of a robbery, I would have staid there an hour and a quarter, when they had no proper authority to keep me, but they pulled me about like a parcel of mad dogs; and when he took me, I went cordially along with him. Guilty 10 d.

[Transportation. See summary.]

375. Ann Myers , of St. Dunstan's Stepney , was indicted for stealing two pewter plates, val. 8 d. a brass flower box, value 3 d. two knives, value 4 d. and three pictures, value 12 d. the goods of John Burton , Sept. 27 .

John Burton . I lost these things, and the Prisoner owned she took them, and went with me to Stratford to fetch them, and I had them again. She has robbed me several times by getting over the wall and in at the window.

Q. Does she live with you?

Burton. She is my wife's sister, and lived with me till she had robbed me so often that I could not keep her. It is to save her from the gallows that I do this. I am an anchor smith . Acquitted .

376. + Thomas Graham , of St. James's Clerkenwell , was indicted for the murder of Mary his wife , by striking and stabbing her with a knife on the lower part of the belly, and giving her a mortal wound of the breadth of one inch, and the depth of five inches, on the third day of this instant October , of which she languished till the sixth day of the said month, and then of the said mortal wound died .

He was a second time charged by virtue of the Coroner's Inquisition, for the wilful murder of the said Mary his wife.

Mark Hawkins (Surgeon.) On Thursday the 3 d of October I was sent for about nine o'clock in the evening to go and see Mrs. Graham: a lad came with the Prisoner at the bar to me, and told me that one of their journeymen's wives had fell down upon a knife and almost killed herself. I found a wound on the lower part of the belly, and part of the caul hung out. I asked her how she came by it; she said her husband did it; said I, he says you fell down upon a knife; and she said again that her husband gave it her. I found very bad symptoms, and that she must die, so I enquired more particularly into the affair. I asked her whether they had had any difference; she said they had no difference; and she said she did not know how he came to do it; but she said he was sometimes troubled with fits. And I satisfied the Coroner's Jury that this wound was the occasion of her death.

Q. Can you form any judgment , whether this wound was given by any body, or whether it came by accident?

Hawkins. She said it was given by her husband, but it is possible such a wound may happen by a person's falling down upon a knife.

Q. Was she sensible to the time of her death?

Hawkins. Very sensible, and therefore I was willing to get all the information I could from her, for I was of opinion she would die soon.

Sarah Wilkins . I was very well acquainted with Mrs. Graham , she had a wound of which I believe she died.

Q. How came she by that wound?

Wilkins . She said her husband stabbed her.

Q. Did he and his wife live at variance?

Wilkins. No; they always lived a happy couple till this thing happened; and Graham never in his life offered to strike her but once. I saw her on the Friday about one o'clock after she was stabbed, and very bad. I asked her how it came; she said her husband had stabbed her. He is subject to convulsion fits, and there are sometimes eight or nine men to hold him.

Q. How came he by the knife?

Wilkins. I don't know.

Q. Had he any fit that day?

Wilkins. He had the next day, for he went to Dr. Mcdaniel to have some other advice, for his wife, and he fell down in a fit then.

Q. Did she say he was in a fit, and stabbed her in a fit?

Wilkins . No; she said he was just come out of it.

Hannah North . The Prisoner is my own cousin; he is very subject to fits; his father died raving mad in Bethlehem.

Jane Powel . I have known the Prisoner a great many years, and know him to be a very honest man till this unfortunate thing happened. I asked his wife, whether he was in his senses when he did it; and she said, Jenny, no he was not; for he was just come out of one of his fits, and then you know he is not sensible.

Another witness said, she went to see her after the wound, and asked if her husband and she had had any words, and she said, No; that he was just come out of a fit, and was not sensible; and that this witness had seen ten men to carry him up when he was in a fit, that his wife and he lived very peaceably and quietly, and she never knew him to strike her: she saw him in a fit last Summer, and he almost bit his tongue in two, and was ill for a month.

Richard Phillips . The Prisoner is a printer , I have known him twenty years, and have worked with him five or six years, and he lived very justly and very well with his wife: I was very intimate with them, and never heard the least complaint in the world; he was troubled with convulsion fits, and would sometimes fall down by the press in them: I have seen him in one for an hour.

Q. Have you seen him in a fit since his wife died?

Phillips. He was in one yesterday.

Q. Perhaps they may be counterfeits?

Phillips. I don't know as to that.

Two other witnesses proved his being troubled with convulsion fits. The Jury acquitted him of the felony and murder, and also on the Coroner's inquisition, and found that the deceased came to her death by accident .

377. William Glover , of St. Botolph without Aldgate , London, was indicted for stealing a silver spoon, value 9 s. the goods of Edmund Montgomery , Esq ; October the 2 d.

It appeared by the Evidence of George Ritherdon , apprentice to Mr. Winne at Aldgate, that the Prisoner offered a spoon to him to sell, and that he stopped him, and Bryan Roper produced a spoon of his Master Mr. Montgomery's to match with the spoon which was stopped, but Mr. Montgomery's property in the spoon not being proved, the Prisoner was acquitted .

378. Edward Williamson , of St. Lawrence Jury , London, was indicted for stealing 48 yards of broad cloth, value 30 l. the property of John Percivall , March 30 .

John Percivall . The Prisoner was my porter : some time in September was twelve months he stole a piece of supersine broad cloth out of my warehouse , and in March last he stole another piece; I have found good part of it in several pawnbrokers shops cut out into remnants, some of three yards, and some more. I came to find it out by an advertisement in one of the news-papers about some goods being stopped at the Haymarket, and found it was my cloth: and hearing the Prisoner was entered on board o'ship, I went to him, and he said, if I would be favourable to him, he would tell me where he had pawned them; and I got leave of the regulating captains to take him with me. When he came on shore he told me, he had taken out of my warehouse two pieces of superfine cloth, one on the 12th of September was twelvemonths, and the other in March last.

Prisoner. Did not you say, Mr. Percivall, when you came to me on board of ship, that you had lost a couple of pieces of cloths?

Percivall. Yes.

Prisoner . Did not you ask me whether I knew the colours and the marks, and I said! knew nothing of them?

Percivall. No, you said you knew where they were.

Mr. Crew . The Prisoner pledged two remnants of woollen cloth with me, one in October, and the other in March following; one of them is superfine, and the other is not.

Percivall. They are both superfine, and I am sure they are my cloths. I had commission to sell them at 15 s. per yard.

Mr. Marsh. I have three yards of cloth which was pledged to me by one Edward Williamson . I cannot be certain the Prisoner is the man.

Mrs. Goodman . Mr. Percivall came to my warehouse , and said, he had lost some cloth; he found some that he said was his, and took it away: it came in the 29th of September. I cannot pretend to know the man again that brought it.

Mr. Butcher . This is a piece of cloth which was brought to our house the 26th of September last was twelvemonths in the name of Edward Williamson . I cannot pretend to say the Prisoner brought it it is so long ago. [Mr. Percivall proved his property in all these clothes.]

Prisoner. I never pawned any cloth of Mr. Percivall's, or any body's else. Guilty .

He was a second time indicted for stealing 17 yards of drab-coloured cloth, value 81. the goods of Josiah Buckhurst , April 19 .

He was a third time indicted for stealing 27 yards of broad cloth, value 15 l. the goods of William Sheppard : but as the persons who had the cloths in their possession readily delivered them to the owners: the Prisoner was not tried upon these indictments.

[Transportation. See summary.]

379. + James Dolfe , was indicted for that he on the third day of this instant October , at the parish of St. Botolph without Aldersgate , London, did personate one Robert Masterson , as chief mate of the Prince Frederick privateer, and in that name did come to the shop of one William Threlkeld of London, goldsmith , and agreed with him to buy several goods and chattels of the said William Threlkeld , of the value of 29 l. 10 s. and for securing the payment of the said sum to the said William Threlkeld , he proposed to leave with him a certain promissory note under the hand of Capt. James Talbot , commander of the said privateer, made payable to the said Robert Masterson , for the sum of one hundred pounds sterling. And that the said James Wolfe did then and there feloniously utter and publish to the said William Threlkeld a certain false, forged, and counterfeit paper writing, with the name of James Talbot subscribed thereon, purporting to be a promissory note under the hand of the said James Talbot , as and for a true promissory note , which said paper writing is as follows: that is to say,

Twenty days after the arrival of the Marquis De Antin and Luovis Erasmus privateers in the river Thames, I promise to pay Mr. Robert Masterson , chief mate of the Prince Frederick private ship of war, under my command, 100 l. sterling, in default of returning him one hundred and ten ounces of Spanish pieces of eight lodged by him in my hands. As witness my hand this 20th day of August 1745. In Kinsale Harbour , James Talbot . with intention to defraud the said William Thelkeld . He the said James Wolfe at the time of his uttering and publishing the same well knowing it to be false, forged, and counterfeited, against the form of the statute, &c.

The said James Wolfe was further charged in a second count of the said indictment, for feloniously uttering and publishing as true the aforesaid paper writing to the said William Threlkeld , with intention to defraud the aforesaid James Talbot against the form of the statute, &c.

William Threlkeld . On the third of this month about seven o'clock in the evening I went out , and my servant brought me notice that a gentleman wanted to buy some goods of me; when I came in the Prisoner said, Sir, Do you know me? I said I did not remember him; said he, I have been your customer before, and have sold you some dollars a while ago [but I cannot remember it;] and he said he had since that belonged to the Prince Frederick privateer, Capt. Talbot commander, that his name was Masterson, and he was chief mate of the Prince Frederick privateer. I asked him what goods he wanted; he said he should want some watches, some buckles, some gold rings, gold buttons, &c. and desired to have the strongest I had in my shop. Accordingly while he was in the shop there was one pair of silver buckles looked out, four silver watches in double cases, and two pair of gold buttons.

Q. Was there any thing more laid out?

Threlkeld. Not while he was in the shop, but the knee-buckles were to be looked out to the shoes, and some plain gold rings; then this note was produced. I asked him what it was for; he said it was for my security. I looked at the note, and thought it to be a pretty good one, I did not question it in the least. The note was signed by Capt. Talbot. [The note was produced.]

This is the note the Prisoner at the bar gave me, and left with me as a security for the goods he was to have that night: then he said he was going to the Hermitage, and would be back again in an hour's time. I thought after he was gone if this was a false note it would be a great loss; and I went to a house in the neighbourhood where some gentlemen were, and shewed it to them: they advised me not to deliver the goods, but to bring the person there, and they would talk to him. He came some time afterwards, and some of the gentlemen talked to him, and asked him what post he was in; he said he was first mate of the Prince Frederick privateer , that his name was Masterson, and Capt. Talbot was his commander; but as fortune would have it, there happened to be four gentlemen there who knew him; and the landlord said there were some gentlemen in the house who belonged to the ship, and should know him if he belonged to that ship; and one Mr. McNamar, who came over as a passenger, said he was a villain, for he never was on board the ship; then the Prisoner was for going out, and he did go out, and the landlord of the house brought him back again, and I charged an officer with him, and carried him to the Counter.

Prisoner. When I went into the shop, I asked him whether he would accept of that note as a security for goods; I mentioned no quantity or kind of goods. Mr. Threlkeld produced only one pair of buckles, and asked whether those were large enough. There is his apprentice, I desi re he may be sworn, to know whether there were any watches or rings produced, or any thing else.

[Capt. James Talbot appeared, but he being interested in the note, he was not admitted to give evidence.]

Edward Masterson . I know nothing of the Prisoner, or the note.

Q. Look at that, is that Capt. Talbot's hand-writing?

Masterson . That is not his writing, I have seen him write often.

Q. Can you take upon you to say, that is not his hand-writing?

Masterson . I do take upon me to say it is not his hand-writing.

Q. Is no part of the note his hand-writing?

Masterson . There is no part of the note like his hand-writing.

Thomas Comyn . The Prosecutor came to me the morning after the Prisoner was taken up, and brought me the bill, and asked me whether that was Capt. Talbot's hand-writing: I saw it was not his hand; said I, it is not his writing, for his name is not spelt right.

Q. Have you seen him write?

Comyn . Yes; I saw him write about six months ago.

Q. Look carefully at it, and see whether you are sure of what you say?

Comyn . I looked very carefully on it before, or I would not give my evidence so strong .

[The Court was informed that Mr. Ephraim Miller , one of the Grand Jury, was acquainted with Capt. Talbot's hand-writing, and he was sworn .]

Q. Are you acquainted with the hand-writing of Capt. Talbot?

Miller. Yes; I have seen him write, and have had letters from him.

Q. How long is that ago?

Miller. It is some years ago; I think it is about five years since I received a letter from him, and about seven years since I saw him write.

Q. Is that his hand?

Miller. I believe not; neither the body of the note, not the name; the name is not spelt right.

Q. How does he spell his name?

Miller. Talbot, and in the note it is with double (ll) and double (tt).

Q. to Masterson. How does Capt. Talbot spell his name?

Masterson. He spells it Talbot.

Stephen Flower . I was in the house with the Prisoner at the bar the night he was apprehended, and asked him how he came by the note; he said she had it of two men, and knew it to be a false note.

Prisoner. How can that be, when I never had any conversation with you?

Robert Harding . I was with the Prisoner at the Counter the next morning, and asked him some questions: I asked him how he came by the note; he said he had it from some people, but would not say from who, and that he would not trouble himself to prove who he had it from, for he knew it to be a bad note, and expected to receive no money at all but of Capt. Talbot.

Prisoner . I believe I might say it was a bad note, but I did not know it to be bad.

James Chariot (apprentice to Mr. Threlkeld.) I was in my master's shop when the Prisoner brought this note, and offered it to my master as a security for the goods.

Q. Did he ask for any goods in particular?

Chariot. No.

Q. Did he ask for no sort of goods?

Chariot. He mentioned rings.

Prisoner. Upon your oath I ask you, whether your master asked me about any sort of goods? did not he ask me about watches? how did I know he was a watchmaker? I saw no goods but one pair of silver buckles.

Chariot. There were some watches shewed to you.

Q. What did the Prisoner say when he came into the shop ?

Chariot. The shop was shut, and my master was not at home. I asked him what he would please to have; he said he wanted my master; I said, will nobody do but my master? he said , no; and that he had sold some dollars to my master some time before, and wanted to see him; then I fetched my master; when he came, the Prisoner and he had formerly told him some dollars, and that he came home chief mate of the Prince Frederick privateer: my master said he was glad of it; and then he said his name was Masterson.

Q. Did I say my name was Masterson?

Chariot. Yes; you did.

Prisoner . Did your master deliver me any kind of goods?

Chariot. Yes; buckles.

Q. Did he deliver them?

Chariot. He shewed them to you.

Q. How many?

Chariot. One pair.

Q. Did he shew you any watches?

Chariot. Yes; he did.

Prisoner. Then upon my oath you tell a d - d lie, I never saw any watches, he delivered me none, and shewed me none, he only shewed me one pair of buckles; and when I gave him the note, he said, how shall I know whether it is a good note? and I bid him enquire about it, and satisfy himself. Pray, Mr. Masterson, is your name Robert Masterson ?

Masterson. My name is Edward Masterson .

Prisoner. The note says Robert Masterson , so this cannot be this man's money.

[The note was read, and is as in the indictment]

Prisoner. It is mentioned in the note first mate, or chief mate. Pray, Mr. Masterson, are you first mate of the Prince Frederick?

Masterson. I am first lieutenant.

Prisoner. Then there are two deficiencies between the note and the indictment.

The Jury found him guilty of uttering and publishing the note knowing it to be false, forged, and counterfeited. Guilty , Death .

380. Matth.ew Robinson , of St. Gregory by St. Paul's , was indicted for stealing a silver shoe-buckle , value 3 s. the property of Marmaduke Johnson , Sept. 21 . And

381. John Penn for receiving the same knowing it to be stolen .

Marmaduke Johnson . Robinson's father cleans my shoes; the boy came for the shoes, and one of the buckles being left in the strap, he took it away. I went and acquainted his father with it, and he searched for his son, but no son could be found. I said to some of the porters, if you see Robinson's boy bring him to me, and in about a quarter of an hour he was brought to 5 s. I threatened to sent him to Bridewell, and he fell down his knees, asked pardon, and said he had sold it to a man in the New Market. Penn sells old buckles, &c. I said to Penn, friend, did you buy a buckle of a boy to day? he said, yes, and clapped his finger upon one which was not worth a half-penny: I pulled out the fellow buckle to that which was lost, and said this is the fellow of what you bought of the boy, and he owned he had sold it for 3 s. and he gave the boy but a penny for it: I believe the child did not know it to be silver.

Job Lilly. Penn brought this buckle to me to sell: it weighs twelve penny wt. it is not standard marked silver. I knew Penn, for he had lived with a silver buckle maker: he said it might be as good silver though it was not standard marked, as if it had, and so it may, but it is not very probable.

Charles Rave . The boy owned he took the buckle out of the shoe, and sold it to Penn, and Penn owned he bought it for a penny, and sold it to Mr. Lilly for 3 s.

Several witnesses appeared for Penn, one of whom had known him thirty years, and never knew any ill of him; and Mr. Lilly said he knew a great many of the trade, and never heard any body give him an ill word. Both acquitted .

382. + John Jack *, of the Precinct of St. Catharine's , was indicted for stealing six guineas, the property of Elizabeth Stutwell and George Dent , in the dwelling-house of Elizabeth Stutwell and George Dent , Oct. 11 .

*He was tried in the mayoralty of Sir Robert Willimott , Knt. by the name of Abraham Benjamin , for stealing four moidores out of a money shovel in the shop of Henry Sheere , a goldsmith in Lambard Street , and aquitted. See April Sessions Paper in that mayoralty , Numb. IV. Part II. page 159.

N. B. The Prisoner being a Turky Jew , and pretending not to understand English, an interpreter was sworn.

Elizabeth Stutwell . The Prisoner came to my house and Mr. Dent's (my partner) at cole wharf in St. Catharine's between eleven and twelve in the forenoon, and said he wanted six sacks of coals, but did not ask the price . He pulled out a handkerchief, in which there seemed to be a pretty deal of money, pulled out a 36 s. piece, and wanted change, and said he must have the change in half guineas. I had a bag of money, and in order to give him change I went up stairs, and he came up stairs after me. I poured the money into my lap, and the Prisoner put his hand into my lap, and took out a handful of guineas. I seized his hand, and made him drop them, and several fell upon the ground : said I, you villain, do you come to rob me at noon day? I desired my servant to stop him till I could tell the money, and I missed one guinea; and he offered me the guinea again. He was taken on Butler's wharf, and I carried him before Justice Dennett , and he offered the guinea then.

Jury. How did you understand him?

Stutwell. He spoke broken English: I am certain he did not want change, because he had 3 l. 10 s. in silver, thirteen guineas, and other money: when he came to me he spoke pretty good English, but when he came to Justice Dennett's he could not understand any English at all.

Hyam Aaron sworn.

Q. Do you know the Prisoner?

Aaron. My Lord, I have something else to say before I come to that. I happened accidentally to come this way. I keep a grocer's shop in Shoe-maker Row, and I believe deal in 900 or 1000 l. a year: I deal in oil, sand, and coals . I went to a wharf to get a load of sand, there was a little side box, and who should sit there but this gentlewoman [Mrs. Stutwell.] I asked her what the sand was a load; she said seven shillings; I said I gave no more than six shillings for white, and six shillings and six pence for red: she got up, and said, get down you Jew son of a bitch, and offered to knock me down, so I went to the next wharf. Ask her, if she did not serve me so; and if you will enquire into my character, there are enough here that know me. Now I come to the matter. I have known the Prisoner about four years, and have dealt with him for more or less; and I believe I have as good a shop as most people. He first bought necessaries for himself of me, and when he set up a little shop for himself, he bought goods of me.

Zipporah Silver . I have known him between four and five years, he lived in our neighbourhood, and behaved very honestly : I have sold him several parcels of goods to go to Jamaica. I am a hoop petticoat maker. Give me leave to speak something in the Prisoner's behalf: when the gentlewoman took the Prisoner up, she charged him with no more than a guinea, and now she charges him with six guineas.

Solomon Aaron . I sell Birmingham ware ; the Prisoner has dealt with me three years, and has paid me as honestly as the day is long. I never knew any thing but justice and honesty by him Guilty to the value of twenty shillings .

[Branding. See summary.]

383. + Grace Usop , otherwise Tarras , of St Leonard Shoreditch , was indicted for the murder of her female bastard child, by throwing the said child into a privy belonging to James Leger , wherein there was a great quantity of filth and excrement , by reason of which throwing, and by reason of the said filth and excrement, the said child was choaked and suffocated , of which choaking and suffocating the said female bastard child died , September 1 . And

384, 385. + James Leger , and Magdalen, otherwise Maudin Leger , his wife , were indicted for aiding, abetting, and maintaining the said Grace Usop to commit the said murder: and therefore they the said Grace Usop , James Leger , and Magdalen, otherwise Maudlin Leger, the said female bastard child, feloniously, wilfully, and of their malice aforethought, did kill and murder, &c.

Eleanor Johnson . A few days before this thing was discovered, I went into Mr. Leger's house for half a pound of butter, and the Prisoner was there, and she was very bad. I asked her if no body was there but herself; she said her mistress was in the garden; presently her mistress came out of the garden in a very great flurry, and Mr. Leger himself came in in a very great flurry, and he said, Tarras, my girl, you are very bad, will you go to bed? and he said she should go to bed, and he called Maudlin to make the bed; said he, will you have the bed warmed? she said I don't care if I have: he said, Maudlin, my poor girl, is a very faithful servant, and she is very bad with them, and has strained herself with carrying coals, she wants the bed warmed. He asked what he should give her; and I said half a pint of ale with sugar and spice: and one Mrs. Lewis came in and said, Mrs. Johnson, have you heard of the murder? I said I had not; she said there was a fine boy in the vault: she put her hand down into the vault three times, and brought up nothing but soil, and the fourth time she put her hand down, she said, here's the child, and I could not think but it must be a girl, but there were some circumstances that made me think it was a boy, for the navel string hung between the boy's legs, and she thought it was a boy by that.

Q. Is she married?

Johnson. I don't know that she is.

Q. Do you know that this girl had a child?

Johnson. I heard so.

Q. Then you don't know that she had a child?

Johnson. I never had any thought of it.

Q. Then there was a child in the house of office, and the child was dead?

Johnson. Yes; the child was dead when I saw it.

Mary Lewis . I have known Grace about two years.

Q. Is she married?

Lewis. Not that ever I heard of.

Q. Do you know any thing of her having a child?

Lewis. I don't know any thing of her having any.

Coroner. Did she say any thing to you about the child?

Lewis. On Thursday the first of September she went out for some rolls, I met her at Mrs. Johnson's house, and she said she was very ill with a pain in her bones. I went to Mr. Leger's house, and Mrs. Leger said that Tarras was very bad, so bad that she was forced to go up with a mop and a pail to clean the room: then I said to Mrs. Leger, with your leave shall I go up and see her? and she said, yes: I went up, and Tarras lay upon the bed with her clothes on: the room was wet, and I asked her who had been up to wash the room; she said her mistress had been up with a mop and pail, and cleaned it: she was very much out of order: I sat down by her, and asked her what was the matter with her: said I, have not you miscarried? said she, what makes you think so? I was backward and forward all that day, and Mrs. Leger said, how does Tarras do? I said she was very bad indeed, and that she would not be well of the months. On the ninth of this month one Bellache came and asked after Tarras; said I, what makes you ask after her? he said, if you want to know, go to the vault and satisfy yourself. I asked Mrs. Leger to let me go to her vault, and I went to the vault, and looked down, and saw something, which I took to be a child. I went to Tarras, and said, Tarras, this is your child; said she, Lord Jesus! Lord Jesus ! Molly don't say so. I came into the house, and said to Mr. Leger, there is a child in the vault; what in yours, said he? no, in yours, said I; and he went in, and there was no more said about it. I went to Mrs. Johnson's, and said there was a child in the vault, and we both went together.

Coroner. Had you any talk with her afterwards whether she had a child?

Lewis. She said she went to the vault, for she thought she had occasion to go there; and afterwards went into the shed, and said, sick, sick, sick; that she went up stairs, and leaned upon the window, and then she was delivered of the child; this was on the second of September.

Q. When was it that the child was found?

Lewis. On the ninth of September.

Q. What day was it that Grace said she was delivered as she was leaning upon the window?

Lewis. That was the day it was found out.

Q. What day was she delivered?

Lewis. She said it was on Sunday the first of September.

Leger's Council. Did she say whether the child was dead, or alive, when she was delivered?

Lewis. She did not say whether it was dead, or alive.

Usop's Council. Was there any thing found under the bed in a box?

Lewis . Yes; there was a box of child-bed linen, and Usop said she bought it in Rag Fair against she was brought to bed, unknown to any body.

Dorcas Randolph. On Monday the second of September, which was Usop's birth-day, I was abroad with her, and she was very bad; and they said the child was born on the first of September, and was found in the vault on the ninth. I said to her, you have had a child, for there is a child found in the vault. I asked her if she had made any preparation for it; she said she had, and that the box was under the bed; said she, Mrs. Randolph, you are best able to stoop, put your hand under the bed, and pull it out, and I did. She said Mr. Leger had threatened her, and bid her lay it upon James, or the Baker; and then she said, must I tell a lie? and he said, ouy .

Q. When was this?

Randolph. On the ninth of September Mrs. Leger did own before the Justice, that the child had a bruise on the head: I said, how came the child to have a bruise on the head? she said that was nothing at all, for it was not done out of malice; and she emptied the pot with the after birth, and she pleaded ignorance, because she never had had a child; for people who have been in labour know more than those who have not.

Council. When this discourse was with Tarras, was there any talk whether the child was born dead or alive ?

Randolph. She said she was very bad, and her master came up and helped her in the birth, and parted one from the other, and took it in an apron, and carried it down stairs.

Q. Was the child dead or alive ?

Randolph. I cannot say any thing to that.

Joachim Bellache . One of my shop-mates discovered the child in the vault on Friday in the afternoon, and said, Mrs. Bellache, there is something in the vault that looks like a bundle of Rags. I went down in the night to ease myself; I had a suspicion of something, so I was very curious , and put my finger into the vault , and thought it was flesh. I put my finger upon the body, and felt the ribs, and then I was afraid of what really was , and found that it was a child, but, I did not care to speak to Mr. Leger about it then: and Mary Lewis came in and said, there is a child in the vault: said I, Mr. Leger, it does not signify any thing talking, I told you before that your maid was with child, and he said she had had the ague and fever, and had taken too much bark, and it had hindered the courses; then I told him there was a child in the vault; he seemed surprized at it, and said, if it was so, he would send for an officer, and he ordered one Paul Ellis to fetch the beadle.

Ann Baker , midwife. I saw a child that was taken out of the vault.

Q. Was it born dead or alive?

Baker. I could not judge whether it was born dead or alive.

Coroner. Did the child come at the full time?

Baker. It did not come at its full time, I am almost sure of it.

Council. You say you could not judge whether the child was born alive, how could you know whether it was at its full time?

Baker. Oh, Sir, that I am very sure of.

Henry Gundy , Surgeon. I was sent for about the 13th of last month, and found a child which was very much putrified . I did not care to open the child, but found upon examining the child, that there was a violent pressure upon the skull, which if that had been given when the child was alive, must have been the occasion of its death.

Coroner. Was the child full grown ?

Grundy. In my opinion it was.

Leger's Council. As to the pressure upon the head of the child, was that given before the child was dead. or after ?

Grund. I cannot pretend to say whether the wound was given before or after .

Leger's Council argued, that he could not think there was any evidence to affect Mr. Leger and his wife, and could hardly think there was any to affect the principal. That he was informed Mr. Leger has a wife of his own, and therefore very unlikely he should be guilty of the fact. And that in order to make it a murder, it must be first proved that the child was born alive. [Vide Statute 21. James I.]

Eleanor Johnson called again at the desire of the Coroner.

Q. What happened after you found the child in the vault ?

Johnson. When I found the child in the vault, I went into the kitchen, and fell into, and said to Mrs. Leger, this is a terrible case; and she said Tarras was very bad, and that women in her care are never well of the months. I came out to Mr. Bellache, and he clapped his hand upon my belly, and said, God bless your belly, and said, I hope you will not drop it as somebody has done. Another thing I remember, I saw the child on the 10th of September, and it bled out of one of the ears, I think it was the left ear. On the Tuesday Tarras's mother and another woman were there, and they sent for me, and Mr. Leger said, Mrs. Johnson, you must go up and tell Tarras's mother to bribe the midwife, or else Tarras will be hanged.

Coroner. She has not answered the question yet. I ask you what Tarras said when you went up to her?

Johnson. I told her there was a fine child found in the vault, and they said it is yours: and after I had got an acknowledgment from her, that she had been with child, I said, who is the father of the child? and she said my master; and she asked where her master was, and she said, call my master up. I went down to him, and he went up to her, and she wept bitterly: they talked together in French, and I could not understand them; and when he was gone, I asked her what her master said; and she said, he says I must lay it to James, or the Baker, or else I shall be hanged.

Capt. James Dalbiac . I have known Mr. Leger forty years. I never heard any thing against his character in my life; he is a man of reputation, and a sober diligent man in his business.

Mr. Simon Dalbiac . I have known him forty years, and I never heard any thing against him, he always bore the character of an honest man.

Mr. Ross. I have known him twenty years , he is a sober honest man, and a good natured man , and she is a sober industrious woman.

Thomas Newland . Mr. Leger and his wife are both people of very good characters.

Mr. Perim gave him the character of a very honest man. These gentlemen being asked , whether they thought he would be guilty of aiding and assisting in the murder of the child; they said they believed he would not. They were all acquitted of the murder, and likewise of the charge on the Coroner's Inquisition; and the Jury found that the child was still born.

386. + Martha Orton , otherwise Bristow , of St. Mary Whitechapel , was indicted for assaulting Ford Boley on the King's highway, putting him in fear, and taking from him a steel tobacco box, value 1 s. and six shillings in money , his property. July 15 .

Ford Boley*. On Monday the 15th day of July last I went to Ratcliff Cross to one Mr. Walter's a jeweller, and on my return home between eleven and twelve at night, where I had been with a goldsmith that I deal with, and going by Moses and Aaron Alley in Whitechapel , I was assaulted by five women; they asked me for a dram, which I refused to give them; upon that they said I had money, damned me, and said I should give them a dram, and they gave me a cut cross the nose with a knife, or some edged tool. I cannot tell what. I have got the mark on my nose now, and then they robbed me of a tobacco box and six shillings; after that they stopped my mouth, and dragged me into a house in Moses and Aaron Alley into a room up one pair of stairs, and robbed me of some jewelling work, which was in my pocket, to the value of between nine and ten pounds.

*Judith Tilley was tried in last September Sessions for the same robbery, was guilty, and received sentence of death.

There were three other women in custody last sessions for the same robbery, but Mr. Boley could not be quite postive they were the persons who robbed him, and so would not prosecute them, and they were discharged at that goal delivery .

Q. How long was this robbery committing?

Boley. It was not above a quarter of an hour, (they had gagged me before in the street; and the house they carried me into was kept by one Susan Gray , whose husband was impressed, and is gone to Nova Scotia . He was a notorious gambler, who kept a house in Black Boy Alley, and harboured several of those street robbers who were convicted last December sessions ) after I was robbed they put the candle out, and turned me out of doors : upon that I went down to the watch-house in Whitechapel, and got the watch to come with me, but could not get the door open.

Q. How came you when you had been robbed not to get the door broke open?

Boley . I cannot tell; the woman of the house, Susanna Gray , was one of the Black Boy Alley gang. The next morning I got a warrant from Sir Samuel Gower in order to search the house; and by the information of the neighbours I got an account of the names of several that frequented that house. I did not know the name of the Prisoner till she was taken up. I was sent for by the people who took her.

William Hind and one Remmington . I took up three women last sessions who I could not swear to, that was one Betty Cooper and two others; and it was upon Betty Cooper 's information that the Prisoner was taken up.

Q. How came you not to get Betty Cooper to come and give evidence?

Boley. She is one of the same sort of people, and I cannot tell where to find her. The Prisoner said before the Justice, that she got her living only by whoring and thieving. When we came to search the house the next day, the Prisoner had hid herself under the stairs in the same house, where I was robbed, and she was aiding and assisting at the time that I was robbed.

Q. How came you to take such particular notice as to remember the persons who robbed you?

Boley. There was the light of a lamp, and by that I had a particular opportunity of taking notice of faces, and I was very sober.

Q. Did you cry out?

Boley . I cried out once, but they stopped me from crying out any more.

Q. Now give an account what each of them did?

Boley . Judith Tilley , who is convicted, robbed me of my tobacco box and money, the others, who were concerned with her, held me in the street, and swore they would murder me if I offered to resist, stopped my mouth with a handkerchief, and afterwards dragged me down into the alley, and robbed me of my jewelling work:

Q. Do you know the Prisoner to be one?

Boley. I do know her to be one.

Q. What did she do?

Boley . She held me by the arm, and swore that she would murder me if I resisted.

Q. Was you down upon the ground then?

Boley. Yes ; and I had nothing to defend myself with, not so much as a stick in my hand.

John Boddington , a jeweller in Alderigate Street , said he had known the Prosecutor twenty years , and knew him to be a very honest man.

Q. Why did not you bring the watchmen here?

Boley. I did not think I had any occasion for them, as I did not bring them the last sessions . Acquitted .

387. William Beeson , of Chiswick , was indicted for stealing a silver watch, value 1 l. two shirts, value 5 s. two stock, value 1 s. three pair of stockings, value 1 s. and one pair of shoe, value 2 s. the goods of James Whitlaw , Sept. 18 .

James Whitlaw . I am servant to Counsellor Fazakerly . On Wednesday the 19th of September, I lost the key of the stable-door on Turnham Green ; and that night, between 10 and 11 o'clock, the stable was robbed, and I lost a watch, and several other things , out of my room. - I am postilion, and second coachman .

William Dean , (coachman to Mr. Fazakerly.) Upon the Wednesday between 7 and 8 at night, I locked the stable door, and went out; and that evening I saw the Prisoner playing at cards at the Crown, where I went to drink a pint of beer: he swore he was very drunk, and must go to London; and he went out between 9 and 10, and Whitlaw would have had him have lain with him: and when I went home, I found the stable door unlocked, and left open.

Edward Hill said he saw him on Turnham Green the 18th of September at six at night, and he said he was in liquor, and must go to London. They were informed that he lay at the Angel at Hammersmith that night .

Thomas Horlock . I keep the Angel at Hammersmith. I believe the Prisoner is the man, but I can't swear to him. He came to my house about eleven o'clock at night a month ago, and asked for a lodging: he pulled out a watch, and said, take care of this watch, it is an unfortunate watch, for I have broke two or three glasses .

Q. Do you know the watch the Prisoner left with you?

Horlock . How should I know the watch ? I don't know the watch; this watch has got a glass in it, that had none.

William Coare ( Constable .) Mrs. Gibbon at the Red Lion in Gray's-inn-lane sent for me, and said she believed the Prisoner was the person that robbed Mr. Fazakerly's servant. I said, Young man, you had better make an ingenuous confession , and it will be the better for you. And then the Prisoner pulled out a watch, and said, this is the watch I took from Whitlaw. I asked him how he could serve a man so, who had been to kind to him . He said, he believed the devil was in him, or the devil possessed him; and he gave me a pair of stockings off his legs, and a short off his back , and owned the taking the shoes, but that he got drunk and lost them: he said he found the key of the stable, and took the things out of the Prosecutor's room.

Mrs. Gibbon said, the Prisoner had lived twice with them, and always behaved very handsomly: that she had heard of the robbery, and so took the Prisoner up, and he owned he took the things out of the stable. Guilty .

[Transportation. See summary.]

388. Mary Allen , of St. Clement Danes , was indicted for stealing a silver medal, value 2 s. 6 d. the goods of Frances Wilson , October 8 .

Frances Wilson . (About fourteen years of age, apprentice to Mrs. Stockes, a mantua-maker ) I was going to the post house on Tuesday was se'nnight with a letter about nine o'clock at night, and the Prisoner laid hold of me by the two shoulders, and took me up into a court, put her hand into my pocket, and took a medal out. Then says she you shall go along with me. She said, this is not silver. I said, it was silver. And she said , D - n it, 'tis not silver; I think I should know silver . Then she took me into Drury-lane , and a watchman seeing me, said, that child does not belong to you: and he asked her where she was going to take me; and she said to one Morris : and then the watchman took her up.

Prisoner. What time did the watchman lay hold of me?

Wilson. About eleven o'clock .

Q. What was she doing all this time from nine o'clock to eleven ?

Wilson. She was dragging me from one place to another; and when she took the money out of my pocket, she stopped my mouth.

The Watchman. The Prisoner and this girl were coming down Drury-Lane about eleven o'clock. I said to the Prisoner, where are you going? Said she, I am going to bed, (that was at one Morris's.) I the child's arm, and said, do you know where you are going? And she said, she did not know. I her, whether she had lost any she had left a silver medal. I had, this does not look like one that is going to such a place. I took her to the watchhouse, and where the medal was Then the Prisoner the piece of silver out of her, and threw it down upon the table in the was.

Prisoner. Don't say so, for I had it in my hand all the time.

Watchman. Then we took the piece of silver and looked at it, and for the girl's mistress, and the girl's father and mother and they came .

Q. What did the girl say then?

Watchman. She said the Prisoner had taken her into an alley and beat her , and took the piece of silver out of her pocket by force.

Mark Harding (Constable ) I was in the watch-house when this child was brought in: she trembled and was frightened out of her wits: she shook as if she had got an ague , and she said the Prisoner had got a pocket piece of hers . The Prisoner denied it, but the child said she was sure she had it; and then she pulled it out, and threw it down upon the table. I am sure this is the piece the Prisoner threw down. [The child claimed that as her medal.]

Prisoner. I had been washing at Grosvenor's Meuse, and was going towards Drury-lane , and met this child. She find she wanted a lodging. Said I, my dear, you look like a creditable person's child, and not as if you wanted a lodging. She said she had staid out too late, and did not care to go home.

Q. to Wilson. You said she met you about nine o'clock, and the watchman says he saw you with her about eleven: what did she do with you all this while ?

Wilson . She took me out of one court into another, and so from place to place .

Jury . Where does your mistress live?

Wilson . In Arundel-street in the Strand.

Q. Where was you to carry the letter to?

Wilson. To the Temple.

Q. That a publick place; if you had called to your assistance they must have come: it is very odd you should be carried all this way by force; you went thought Temple Bar, did not you ?

Wilson . No, she stopped me before I came to Temple Bar .

Q. Then you met her at Temple Bar ?

Wilson . No, she came behind me just before I was got to Temple Bar, took me by the shoulder, and said, D - n you, you shall go along with me ; and she took me into a little place by Temple Bar.

Q. What was you in the street all this time, form two hours together ?

Wilson. Yes.

Jury to Mrs. Stokes. What time did you send this girl out with the letter ?

Stokes. I think it was about nine o'clock, but I am not certain. This girl has been with me a year and a quarter, and the never out in her life: I have always used her as if she was a child of my own, and she had no to be afraid of coming home. Acquitted .

389, 390. + Prescilla Saunders , and Ann Saunders , of St. Bride's in London , were indicted for assaulting William Russel , with another person unknown , in a certain alley in or near the King's highway , putting him in fear, and taking from him a silk handkerchief, value 3 s. and five shillings and six pence his property, Oct. 2 .

William Russell . On the second of this month I had been taking leave of my brother in the Minories between eight and nine at night, who is gone on board the Inspector privateer; and as I was coming towards Simmond's Inn in Chancery Lane, I crossed the Fleet Market, and saw several girls together: I asked them whether that was not the way to Gough's Square? they told me it was. I went seven or eight yards up the alley, and they told me I must turn on the left, which is an alley called George Alley , but some persons call it Love's Court (then it was between nine and ten.) Priscilla Saunders came up to me with a knife in her hand, and demanded what money I had, and Ann Saunders put her hand into my pocket, and took out 5 s. and 6 d. then they told me if I made any resistance they would cut my liver out; I said I believed they would be sorry for what they had done in the end, and they called for Jack : Jack came up, and bid them go off, and said he would satisfy me: I said he could have nothing but my life: he put his hand into my waistcoat pocket, and to ok out a pocket book and a silk handkerchief, and after that he bid me go on as I was without making any resistance, or else he would take my life away ; so I went away without making any resistance into Shoe Lane. The next day, which was Thursday, I went out of town, and did not return till Saturday, and then I applied to find these women out, but could not find them: and on Sunday I went again , and found these two women in a mob in a quarrel between seven and eight in the evening. I got a constable, but when I went there they were gone. I went again on Monday, and saw them at the end of George Alley with two or three more with them, and took them into custody.

Priscella Saunders. What gown had I on then?

Russell . A brown gown as you have now.

Q. How did you know them again?

Russell. It was a very light night, and there was a lamp just by: I took particular notice of them, for they were near a minute with me.

Q. When you were got into Shoe Lane, don't you think if you had made a fresh pursuit then you would have had more probability of meeting with them than four or five days afterwards?

Russell. My Lord, through the Timination and the terror of it, I did not do it.

Q. Who did you mention this to first?

Russell . To one Mr. Porter, who keeps the coach and horses near St. Giles's.

Q. Where was you going then?

Russel . I was going to Mr. Warden's an attorney at Simmond's Inn .

Q. What business are you?

Russell. I am an attorney's clerk.

Q. Who did you apply to first about taking up these people?

Russell. To one Lloyd a city constable, and then to one Jackson.

Thomas Jackson . This gentleman applied to me last Sunday was sev'night, and told me he was robbed, and the Persons who robbed him were in the New Market, so I went and took them from four more: when I took them, I asked Mr. Russell whether he was sure they were the persons who robbed him, and he said he was sure they were.

Priscilla Saunders . Last Monday was sev'night I had been of an errand for my mistress , and this gentleman said I had robbed him, one McDonald and Berry said I must go along with them.

Q. to Russell. Did you cry out when you was robbed?

Russell. I did not cry out, one of them had me by the collar with a knife in her hand, and I thought if I made no resistance they would do me no more harm than to take my money.

Sarah Paris . I work in the Fleet Market, I sell apples and other things; I have known Ann Saunders about four years, and know her to be a very honest girl at the time this robbery was done; she was at home with me.

Sarah Brown . I know Priscilla Saunders , she has been my servant about a year, and I never heard any ill of her in my life.

Q. What is your business?

Brown. My husband is a shoemaker, he lives in Love's Court; I took the Prisoner to look after a nurse child that I have, and at the time she is charged with this robbery she was not out of my house; she was so ill that she could not go out. Acquitted .

391. William Bradshaw , of St. Martin's in the Fields , was indicted for the murder of Richard Loveday , by driving the wheel of a cart with two horses over his body, of which he instantly died , October 14 .

He was a second time indicted on the Coroner's Inquisition.

Christopher Hewbank . Last Monday I saw a cart with two horses turn the corner of New Street by Bedfordbury , and saw the off wheel of the cart go over the child.

Q. Did the boy tumble down?

Hewbank . When I saw the cart coming along I called out to the boy, and told him, there was a cart coming, the boy endeavoured to get out of the way, but the cart brushed against his shoulder, threw him down, and went over him.

Q. Was this in the publick cart way?

Hewbank . There are no posts there, the boy stood up by a cobler's stall; I took the boy up, but he could not stand; he was carried to a surgeon, and blooded.

Q. Were the horses going fast?

Hewbank . They were going a foot pace.

John Blackman . I saw the horses going along, and I said , carman, stop, or you will kill the boy: the boy was standing just within the leaf of the stall, and the cart pulled part of the stall down, and run over the boy.

Q. Did the carman give you any answer?

Blackman. No; the wheel run over the boy.

Q. Did the carman say any thing to it?

Blackman . He went on and never troubled his head about it.

Q. Had he hold of the reins of his horses ?

Blackman. He went by his horses.

Q. Could he have stopped his cart?

Blackman . Yes; he might have stopped his cart, and have saved the boy.

Elizabeth Sipp . I was on the other side of the way, and saw the danger; I saw the carman go so near to the corner, that I cried out, stop, stop, or the boy will be killed.

Q. Do you know the carman?

Sipp. I don't know him - As soon as the cart was gone, I went and looked at the boy, and his eyes were ready to start out of his head.

Matthew Deverall . I keep that stall: as soon as I saw the Prisoner turn the corner, I said to him, have a care, or you will run over people.

Q. Did he alter his course upon that?

Deverall . Not at all; the cart took the slaps off my stall, broke the hinges, threw the boy down, and run over him.

Q. How far distant was, the boy from the wheel?

Deverall. I cannot say but he might have saved him if he would.

Prisoner. There was an old woman coming along, and the wheel had like to have taken her by the shoulder, so endeavouring to save her, I went over the boy. Acquitted of the murder, guilty of manslaughter .

[Branding. See summary.]

392. + Sarah Harris , of St. Mary Whitechapel , was indicted for stealing two guineas, the property of John Crossley , in his dwelling-house , Sept. 21 .

John Crossley . The Prisoner was a chairwoman at our house; she had been at Lambeth Marsh, and had bought several things, upon that my wife suspected her; my wife told me she had been robbed; she told the money at noon, and there were fifty four guineas then, and she told it again at night, and there were but fifty two guineas. I took the Prisoner before a Justice , and she owned she took two guineas out of a chest of drawers in my room, which she had broke open. Guilty 39 s.

[Transportation. See summary.]

393. Alice French , of St. Botolph without Aldgate, in Middlesex , was indicted for stealing four pewter plates , value 4 s. and a copper cover for a saucepan , value 6 d. the goods of William Minton , Sept. 23 .

William Minton . I keep a publick house by the Victualling Office; the Prisoner came for half a pint of beer, and went into the yard to the necessary house, and picked up four plates and a cover for a saucepan; she concealed the plates under her short cloak, and the cover of the saucepan in her pocket. My daughter looked out of a window, and saw her take them.

Alkins (Mr. Minton's servant ) said that the plates were taken from under her cloak, and the sauce-pan cover from under her petticoat . Guilty 10 d.

[Transportation. See summary.]

394. Jane Roth , of St. Mary Le Bone , was indicted for stealing three smoothing irons, value 2 s. seven pewter plates, value 2 s. a sheet, value 2 s. 6 d. a table-cloth, value 2 s. a napkin, value 6 d. and a pillow case, value 6 d. the goods of the Right Hon. the Earl of Oxford and Mortimer , August 10 .

Mary Dell . When my Lord goes out of town I am left in charge of the house; the Prisoner was with me as an assistant ; I missed those things, and charged her with taking them, and she said she would bring them again. I asked her where they were; and she said they were pawned to one Mr. Perry. I redeemed one table cloth, because I would know where the rest were.

Mr. Perry. The Prisoner came to my house and pawned these things.

William Dale . I was coachman to his Lordship; my wife told me she had lost some things. I went to Mr. Perry's, and asked if such things were there; and he said there were no such things, but they were afterwards produced. Guilty 10 d.

[Whipping. See summary.]

395. Mary Adlam , was indicted for stealing two sheets, value 4 s. a pillow case, value 6 d. a saucepan, value 6 d. a pewter dish, value 1 s. two plates, value 6 d. a candlestick, value 6 d. a smoothing iron, value 6 d. a teakettle, value 1 s. and three blankets, value 4 s. the goods of Robert Newell , in her lodging , Sept. 24 .

Robert Newell . I let the Prisoner a ready furnished lodging; she left her lodging, and took away the key. I had the door broke open, and missed these things; she owned she pawned them, and told me where; she came of a very good family, and her husband is a Lieutenant in the army. Guilty 10 d.

[Whipping. See summary.]

The Trials being ended, the Court proceeded to

give judgment as follows.

Received Sentence of Death, 1.

James Wolse , 379.

Transportation, 12.

William Beeson

Elizabeth Braningham 364

William Bruin 374

James Davis 371

Alice French 393

Sarah Harris 392

Joseph Howell 370

John Morris 367

Mary Owen 366

Hannah Phillips 365

Elizabeth White 368

Edward Williamson 378

Burnt in the hand, 3.

William Bradshaw 381

John Jack 382

Paul Pond 372

Whipt, 2.

Mary Adlam 395

Jane Roth 394