Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 December 2014), July 1746 (17460702).

Old Bailey Proceedings, 2nd July 1746.

THE PROCEEDINGS ON THE King's Commition of the Peace, Oyer and Terminer, and Goal Delivery FOR THE City of LONDON, And also the Gaol Delivery for the COUNTY of MIDDLESEX,

Held at Justice-Hall in the Old Baily, On WEDNESDAY the 2 d and THURSDAY the 3 d of July,

In the 20th Year of his MAJESTY'S Reign.

BEING THE Sixth SESSIONS in the MAYORALTY OF THE

Right Honble Sir Richard Hoare , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VI.

LONDON:

Sold by C. NUTT, at the Royal-Exchange, and at all the Pamphlet-Shops of London and Westminster. 1746.

(Price Six-pence.)

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir RICHARD HOARE , Knt. Lord Mayor of the City of London, the Right Honourable the Lord Chief Justice PARKER, Mr. Justice BURNET, Mr. Justice DENISON, JOHN STRACEY , Esq; Recorder , and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.

Middlesex Jury.

Walter Lee ,

John Deschamps ,

Thomas Huddle ,

Robert Herropp ,

William Lewis ,

William Wilton ,

Thomas Woodward ,

Andrew Morran ,

John Sandwish ,

William Boorsecher ,

William Duck ,

Thomas Bishop ,

London Jury.

Jonathan Farr ,

Thomas Hopkins ,

Thomas Downer ,

James Allen ,

Ephraim Ellcock ,

James Fox ,

John Pitt ,

William Sparrow ,

Joseph Hutt ,

Samuel Tayler ,

William Sharp ,

Joseph Mason ,

240. 241. John Jennings and John Humphreys were indicted for assaulting and robbing James Crey in a certain Field, or open Place, near Stepney , and taking from him a Pinchheck Metal Watch, a Cornelian Seal, a Pair of Shoe and a Pair of Knee Buckles , on the 22 d of May .

Q. (to James Crey .) Where was you robb'd, and when?

Crey. The 22 d of May last; my Father-in-Law desir'd me to go to Bow Fair to seek after his Children about Eleven o'Clock at Night; so we went to the Fair and saw nothing of them there; but heard they were stray'd upon the Common; in coming from thence we went into a Booth upon the Common and ask'd for the Children: On the Fields Side of the said Common, near Stepney, a Man pass'd me and bid me good Night; presently after another, and he bid me good Night also; I bid him good Night, and he wish'd me well home: It was Moonlight and I walk'd 'till I got under the Shade of the Trees, when a Man came behind me and snatch'd my Stick out of my Hand; he put a Pistol to my Breast and bid me stand and deliver; immediately another jump'd from behind the Stile and clapp'd his Pistol to my Breast also: They demanded my Money, threatning to blow my Brains one in Case of Refusal; I told them I had none, and begg'd they would not use me ill and I would give them what I had; with that one of them put his Hand into my Fob and took out my Watch.

Q. Do you remember which it was?

Crey. I can't tell, my Lord, but he had a Frock and a Regimental Waistcoat on.

Q. What Watch was it?

Crey. A Pinchheck Metal Watch with a Gold Dial-Plate and a Cornelian Seal set in Gold to it; they search'd my Pockets and took out a Couple of Handkerchiefs, one Silk and the other Linnen; they also took my Pocket-Book: One took out my Watch and another of them my Pocket-Book.

Court . So they both of them were rifling of you?

Crey. Yes, my Lord.

Q. Do you know them?

Crey . I can't say, my Lord, that I know them. I told them my Pocket-Book would be of no Service to them, and desir'd they would return it: They took the Silver Buckles out of my Shoes and Knead , and then bid me go over the Stile; they sent me towards Limehouse , which was a Mile out of the Way. There were three of them, but only two came up; I saw the other robbing my Father-in-Law.

Q. What is your Father-in-Law's Name?

Crey. His Name is Bitch .

Q. What Business is your Father-in-Law.

Crey. A Perukemaker, Sir.

Q. Did you go the Way they would have sent you?

Crey. No, my Father desir'd I might go with him .

Court. You say one bad on a Footman's Frock and a Regimental Waistcoat?

Crey. Yes.

Q. How were the other apparel'd?

Crey . I could not see any thing of either of them for the Shade of the Trees; only the Man that pass'd me in the Moon-shine, he that stopp'd me first, who had on a Footman's Frock, &c.

Q. Did you observe what kind of Pistols they were?

Crey. I took them to be Holster Pistols ; I could not distinctly see them as they had them in their Hands. I took the Men to be Troopers.

Q. (to Moses Birch .) What do you know of this Matter?

Birch . My Son and I were coming from Bow; in the first Field from the Common I heard the steps of a Man, but could not see him for the high Ridge of Trees that shaded the Moon: I call'd out to the Man to know if he had seen any Children that had lost their Way; I bid him good Night, he said the same to my Son: The Man that bid good Night turn'd about and bid me deliver my Money; he said, give me your Money just now or I will shoot you; I said I had none nor none would I give them; for I was in Confusion and Hurry about my Children. I saw two Men stop my Son and head all that was said; my Son said to them, Gentlemen , don't use me ill, I have nothing valuable about me but my Watch, Shoe-Buckles and Knee-Buckles .

Q. How far was you from him?

Birch. About as far as the Leads . While two were robbing my Son the other was with me, thinking he could cope with me, being a little Man; but I would not be robb'd by him.

Q. I forgot to ask your Son if he met with his Watch again.

Birch. No, my Lord.

Q. (to William Barns .) What do you know in relation to this Matter?

Barns. My Lord, I keep a Goldsmith's Shop upon Ludgate-Hill; there came a young Woman to me to weigh some Buckles.

Q. When was that?

Barns. The 23d of May.

Q. What were those Buckles?

Barns. They were two Pair of Shoe-Buckles and Knee-Buckles; they were brought by a Servant, who said said she came from her Mistress in Fleet-Lane to know the Value of them; I look'd upon them and weigh'd them, and as I had a Warning from the Goldsmiths Company to stop two Pair of Shoe-Buckles and a Pair of Knee-Buckles , and these Things answering the Description in the warning, I told the Maid I would go along with her; I took the Warning in my Pocket, and call'd upon one Mr. Johnson, a Constable, to go with me; and desir'd him not to go directly into the House, but stay a little; so I went in and there were two or three Women and a Man there.

Q. Where was this?

Barns. In Fleet-Lane. When I came into the House I enquir'd who the Buckles belong'd to; the Woman of the House said they were a Man's who had left them there; I ask'd when he would return, and she said she was not certain as to the Time of his Return : I desir'd to know whether it would be a Week or a Fortnight, and enquir'd who the Gentleman was that sat by her; she said it was her Brother ; so with that I pull'd this Warning out of my Pocket and read it; as soon as ever I had done she got up and went into a Place backward and I follow'd her; a Soldier was sitting in a Chair there and I ask'd him if they were his Buckles; he said yes, and that he bought them in Covent-Garden.

Q. Was the Man either of these?

Barns. Yes, Humphrys one of the Prisoners at the Bar.

Court. Then those were the two Pair of Buckles, and the Knee-Buckles.

Barns. Yes, my Lord, and he said he had bought them at Covent-Garden, and gave Half a Guinea for them.

Q. What did he mean Half a Guinea for all the Buckles?

Barns. Yes, for all of them. Then I told the Constable he must carry him before my Lord Mayor, and we went there, but my Lord was not within; then I ask'd for the Beadle of Goldsmith's-Hall , to give Information to the Gentleman that gave this Warning out, &c.

Q. (to Crey ) Are these your Buckles, the Buckles that you were robb'd of?

Crey. Yes, my Lord.

Q. Have you any Mark upon these Buckles?

Crey. They are foreign Make; there is no Mark upon them; I had them made in Barbadoes.

Q. (to Johnson, the Constable) What do you know of this Affair?

Johnson. Mr. Barns call'd upon me on Friday the 23d of May; I went with him to the House in Fleet-Lane; I stood at the Door at first, that no Body might go out of the House; after Mr. Barns had some Talk with the Woman, I went in; the Woman, she seem'd to be in some Confusion: I said good Woman, these Buckles have been stolen and if you don't bring the Person that owns them we must charge you. With that she went backward, and beckon'd with her Hand for Mr. Barns and I to follow her; when we came backward, there sat Humphry's, one of the Prisoners.

Q. What Cloaths had he on?

Johnson. It seem'd to be the Cloaths he has on now, tho' I won't be sure, but I know his Face.

Court. You say you follow'd the Woman and there you found this Man.

Johnson. Yes my Lord. I said there had been a Robbery committed and these Buckles answer'd the Description of the Advertisement, and I said I was fearful he was the Thief. He said he had the Foul Disease upon him, that his Sister gave him Half a Guinea yesterday and he bought these Buckles with it; I said if he could give me no better Account of it I should take him Prisoner before my Lord Mayor; so I took him to the Compter as my Lord Mayor was not within; the next Morning I went to him again and I ask'd him about the Buckles, then he said he bought them on Friday, and before he said he bought them on Thursday.

Q. (to the Prisoner) Will you ask this Witness any Questions?

Prisoner. Do you know me Sir?

Johnson . Yes, very well.

Q. (to William Bray , the Accomplice) What have you to say against the Prisoners at the Bar with relation to the robbing of one James Crey ? Was you at the Robbery?

Bray. Yes, please you my Lord.

Court. Tell us when it was, as near as you can guess.

Bray . My Lord it was about the 22d of May.

Q. What Time of the Night or the Day?

Bray. It might be about Twelve o'Clock at Night, as near as I can guess.

Q. Where was it?

Bray. It was, please you my Lord, between Bow and Stepney.

Q. Who was you with?

Bray. There was John Jennings and John Humphrys .

Court. Will you describe the Manner of it?

Bray. Please you my Lord, I goes and sees how many there might be in Company; I went first and gave a Signal to them that they might come up. I passed this Gentleman (Mr. Crey) and I met this Gentleman, his Father (Mr. Birch) and I demanded his Money.

Q. Where was your Company then?

Bray. Then two (the Prisoners) were with this Gentleman (Mr. Crey ) When I demanded Mr. Birch's Money he tristed a little with me; with that I gave him a knock into the Ditch and took from him 18 d. and by that Time they had robb'd this Gentleman (Mr. Crey.) John Jennings and John Humphrys took from him a Pinchbeck Watch and Buckles.

Q. How do you know they took this Watch and Buckles?

Bray. One of the Tongs of the Buckles was broke which they took from Mr. Crey. Then, when they had robb'd the Gentleman, they came to me, and ask'd me whether I had look'd upon his Shoe-buckles and Knee-Buckles, which I had not; for after I had knock'd this Gentleman down into the Ditch, he took out an Instrument, and said, I might have that if it would be of any Service; I told him it would be of no Use of me, he might keep it and be d - d.

Q. What Instrument was it?

Bray. I don't know but it was an Instrument to draw Teeth with. Then John Humphrys went into the Ditch, and took his Shoe-Buckles, which were mark'd G. B. and a Pair of Knee-buckles.

Q. What then?

Bray. Then one of them went to go one Way, and the other another; I said, I desire you may go together, which they did, towards Bow.

Q. What became of this Watch and Buckles?

Bray. Please you, my Lord. I carried the Watch and the Buckles to one Mr. - in the Old-Baily. After I had carried them there, that Man, John Humphrys (the Prisoner) said, I believe you have cheated me, and I desire you may go and fetch the Buckles again; and I told him, if he went to make away with them it should be the worse for him: So I fetch'd them back again.

Q. Did you give them to Humphrys?

Bray. Yes, my Lord.

Q. Do you know what became of them afterterwards?

Bray. Please you, my Lord, he went some where to have them valued, and had them stopp'd.

Q. Do you know what became of him afterwards, where he frequented, or where he lodg'd?

Bray. He lodg'd at the same House that I lodg'd in at that Time.

Q. Where was that?

Bray. In Ice-Alley in Westminster.

Q. Was you ever in Fleet-Lane?

Bray. Yes, my Lord: The first of my going there was with John Jennings and John Stephens , and some more unknown to me; they had got some Streak Iron; so they desir'd of me to tell them where they could sell it. I goes into Black-Boy-Alley in Fleet-Lane, at the Black-Boy, and she bought it, and they shar'd it among them.

Q. Was this the House that Humphrys and you frequented in Fleet-Lane?

Bray. I have gone to the Black-Boy and drank there.

Q. (to Mr. Barns) Mr. Barns, Was it the Black-Boy?

Barns. I can't tell the Sign; they sell old Cloaths.

Q. (to Johnson the Constable) Was it the Black-Boy?

Johnson. Yes, my Lord.

Q. (to the Prisoner Humphrys) What have you to say for yourself by way of Defence?

Prisoner. Please you, my Lord, I bought these Buckles in Covent-Garden, with the Half-Guinea my Sister gave me.

Q. Can you call any Witnesses of it?

Prisoner. No, my Lord.

Q. (to Jennings the Prisoner) What have you to say by way of Defence?

Jennings. Please you, my Lord, I never was in the Evidence's Company. He charges me with being present and assisting in this Robbery; I never was in Company with him, but as I have met him in Fleet-Street, and drank a Mug of Beer with him, or the like.

Q. (to Mr. Birch ) Was you knock'd down ?

Birch. He hit me a Blow which made me draw back and support myself with the Bank .

Q. Had you any Instruments about you?

Birch . That he might not think that I had a great deal of Money, I said, What can you have of a poor Barber? Will you have this Instrument? and he said, D - n you, no.*

*Bray, the Accomplice, was kept out of the Court during the Time the other Witnesses were examin'd ; and the Reason of this last Question being put to Birch now was, that he had not mention'd the Circumstance in his former Evidence of his being knock'd down, which Bray had aken Notice of.

Q. (to Mary Randal ) Who do you appear for?

Randal. For John Humphrys .

Q. Are you his Sister?

Randal. Yes, please you, my Lord; and I let him have Half a Guinea.

Q. Where do you live?

Randal. At Mrs. Due's at Chelsea.

Q. When was it you let him have Half a Guinea?

Randal. My Lord, to the best of my Remembrance, it was the 17th or 18th of May last. Please you, my Lord, he told me that this Half Guinea was to buy Buckles.

Q. Does he deal in Buckles?

Randal. I don't know, my Lord.

Q. (to - Martingal) How long have you known the Prisoner John Jennings ?

Martingal. I have known him from his Infancy, and never heard but he was a good honest Man. I have nothing more to say.

John Humphrys Guilty . Death .

- John Jennings , Not guilty .

242, 243. John Stephens and John Jennings , in the Parish of Pancras , in a certain Field and open Place, upon the King's Highway, did assault and rob Edmund Knapp , of one Cloth Coat, a Hat, &c. on the 4th Day of May .

Q. (to Edmund Knapp ) Was you assaulted and robb'd?

Knapp . Yes, my Lord.

Q. Where? and when?

Knapp. A coming from Hampstead the 4th of May, it was on this Side Mother Red Caps, just entering into the Field, in the Path Way, I was attack'd by two Men first.

Q. In what Manner did they attack you?

Knapp . They did not say any Thing at all to me, but I struggled with two of them, and thought I had made my Escape from them.

Court . So you struggled with them?

Knapp . Yes, Sir, and I got free from them too, and the third Person came up and knock'd me down, and took my Senses from me.

Q. Was it light enough for you to observe the two Persons that attack'd you?

Knapp. No, Sir, I struggled with them in Fear, so that I can't tell. As soon as ever I found myself upon my Legs again, for they litted me up, there was a Pistol put to my Breast, and one of them said , Blow his Brains out, the Pistol was at the same Time at my Breast.

Q. Well, what did they do at the same Time?

Knapp . They took from me a Coat and Hat, and put an old one upon my Head .

Q. Have you ever seen or heard any Thing of these Things ?

Knapp. No , my Lord, they took out of my Pocket a Book, a Handkerchief , and a Pair of Gloves .

Court. Then you know nothing further with Relation to this Fact, or who did it?

Knapp . I know no further .

Q. (to William Bray ) Was you present at the Robbery of Edmund Knapp ?

Bray. Yes, my Lord.

Q. What Time was it?

Bray. To the best of my Knowledge it might be the 4th of May.

Q. Where was it perform'd?

Bray. Between Mother Red Caps and Tottenham-Court.

Q. Was it in the High Road or Foot Path?

Bray. In the Foot Path, my Lord.

Q. Who was present there?

Bray. John Stephens and John Jennings , my Lord.

Q. What did they do?

Bray. Demanded his Money , and took from him his Hat.

Q. Was that the first Thing that passed between them?

Bray. Jennings went forward to see how many there were in Company; he gave a Signal, and we attack'd this Mr. Knapp.

Q. Who attack'd him?

Bray. I attack'd him, please you, my Lord; he passed me, and attempted to run away. John Stephens stopt him, and I came up to him and knock'd him down.

Q. Then John Stephens stopt him? Was there any Struggle between them?

Bray . Not much; when I came up I knock'd him down.

Court. Then he had not got loose from John Stephens when you struck him?

Bray . No, my Lord.

Q. Well, what passed after that?

Bray. After that John Jennings he came back; when we helped him up, John Jennings said, Blow his Brains out. I said, No, we wont be guilty of any Murder, so pushed the Pistol to one Side of his Breast; We took from him a Hat and a Coat .

Q. Who took the Hat and Coat from him ?

Bray. To the best of my Knowledge it might be John Stephens that took the Hat off his Head, and put another on.

Q. Who took his Coat off?

Bray. I ripp'd it open, and John Jennings pulled it off behind him; and in the Pockets of the Coat, please you my Lord, there was a Pair of Gloves and an Indenture.

Q. What else?

Bray. An Explanation of the Bass Relievo of the Mansion House.

Q. And what did you do with the Coat?

Bray. The Coat was sold to Mr. - in the Old Baily for 17 s. and John Stephens and I went along with Mr. - and his Man to Poplar with something he had to dispose of to a Customer that he was to receive Money for, out of which he was to pay us; we then receiv'd of him Half a Guinea.

Q. (to the Prisoner) Will you ask this Witness any Questions?

Stephens. My Lord, I don't know the Man, nor was I ever with him in my Life; I might have seen him doing my Duty, but no otherwise. ,

Death .

244. James Lewin was indicted for stealing a Gold Watch in the Minories, the Goods of Thomas Gardner , the 27th of May .

Q. (to Thomas Gardner ) Do you know the Prisoner?

Gardner. No, my Lord, any more than he was brought to me. I am the Prosecutor that lost the Watch on Tuesday the 27th of May.

Q. Where did you lose it?

Gardner. Out of my Shew Glass, my Lord.

Q. What are you?

Gardner . I am a Goldsmith and a Watchmaker .

Q. Where is your Shop?

Gardner . In the Minories .

Court. Then you did not see the Boy take it?

Gardner. No, my Lord, I was out of Town that Day , but the Prisoner said he watch'd my Wife into the Parlour; then he, with one Cutosh , did it, who was concern'd with him in the Robbery. The Prisoner own'd to me, that when my Wife was in the Parlour, they took an Opportunity to press down the Glass, but they could not get the Watch out readily. Then they went and got a Nail and crook'd it, and with that they haul'd the Watch out, and he whipt it into the others Bosom. They could not get their Hand in, but with a crooked Nail haul'd it out, and, as I said before, deliver'd it into the other Boy's Bosom; they then cross'd the Way through Aldgate, and turn'd down Crutched-Fryers , and upon Tower-Hill; there the Boy gave this the Watch again, and he put it into his Fob or Breeches, and they went to a Jew's in Rag-Fair to sell the Watch, but he was not at home. They went then to Rice Jones's Wife in Long-Lane, West-Smithfield, who keeps a Chandler's Shop, and sells Small Beer, and they sold it for Two Guineas.

Q. What was the Watch worth?

Gardner . Seventeen Guineas, my Lord.

Q. Do you know what Age this Boy is?

Gardner. He said he was 14 Years of Age. He came the second Time, and said he saw a fine Thing the Ladies use, but my Wife missing the Watch, took Care of the Glass; he said he came to get the Thing that the Ladies put in their Ears, or another Watch; that is what he told me.

Q. How came you by this Boy?

Gardner. I advertis'd my Watch Five Guineas Reward: There were two Men that make it their Business to take up these Boys, they with the Constable brought him to my Shop; they said they took him from between a Couple of Whores.

Q. (to John Hawkins ) What are you?

Hawkins. A Salesman in the Minories.

Q. Do you understand any Thing with Relation to this Robbery of Mr. Gardner's Gold Watch?

Hawkins . Nothing more, my Lord, but what the Boy acknowledg'd himself.

Q. Where was it that he acknowledg'd it?

Hawkins . At the Paul's Head Tavern facing St. Lawrence's Church, there he confess'd that he, with another Lad, one Cutosh, did take a Gold Watch out of Mr. Gardner's Shew Glass.

Q. Did he tell you in what Manner?

Hawkins . In the Manner Mr. Gardner has expressed, by drawing of it out with a Nail.

Q. Did he tell you how he disposed of it?

Hawkins . He told me after they had taken it out from thence, they went into Crutched Fryers , and so to Rag Fair, to a Person there that buy's stolen Goods, but the Man was not at Home. Then they went to Long Lane in Smithfield, to Rice Jones's, where the Woman gave him Two Guineas for it. They gave Six-pence to a Person to carry it out to enquire whether it was Gold or Metal, and they said it was Metal. He said there was a preety Thing in the Glass, which were Bar-Ring, that he wanted, if not another Watch .

Court. You know nothing further ?

Hawkins. Nothing further, my Lord, than acknowledg'd.

Q. (to Thomas Gardner ) Did you, at the Time you had the Conversation with the Boy, promise him if he would make a free Confession, you would not prosecute him?

Gardner. Upon my Oath I did not promise any Thing directly or indirectly.

Q. Was there any Encouragement given him if he would make a fair Declaration, that it should be better for him if he would tell the Truth?

Gardner. None at all, my Lord, it was a voluntary Confession of his own.

Q. (to the Prisoner) What have you to say for yourself?

Prisoner. They gave me Wine and Liquors at the Tavern, and made me fuddled; and they gave me five or six Drams, &c.

Q. (to William Lewin ) What are you?

Lewin. The Father of the Child.

Q. How old is your Son?

Lewin. Fourteen at St. Thomas's Day.

Q. Did he live with you, or was he out?

Lewin. He liv'd with me, my Lord.

Q. Did you ever hear any Complaint of him?

Lewin. Never in my Life, my Lord, before.

Q. (to Elizabeth Lewin ) Your Son liv'd at home, how did he behave? did you see any Tricks like Roguery? did you employ him in any Business?

Lewin. Yes, Sir, he used to go out along with the Carmen.

Q. What did he do with them?

Lewin. He used to drive their Horses, and give them Hay, &c.

Q. How came you not to keep him to your own Business, a Carpenter?

William Lewin . My Lord, he would not work along with me.

Q. (to Gardner) When was he taken up?

Gardner. On Tuesday he committed the Robbery, and on Monday se'nnight following he was taken up.

Q. Have you had the Watch?

Gardner . No, my Lord, I have lost the Watch. Acquitted .

245. John Dodson was indicted for stealing a Bag of Cotton , the Property of John Grey , the 13th of June .

Q. (to Mr. John Grey ) What do you know in Relation to this Cotton?

Grey. I think it was the 13th of June. On the Friday I happen'd to be out about some Business, and came home about Ten o'Clock. My Man, John Dodson , (the Prisoner) had packed up a Bag of Cotton, 30 or 40 Pounds Weight. I came home the Friday Evening; I had been receiving some Money, and I sent him for Acceptance of a Note ; he brought me a Draught upon Alderman Hankey. The next Morning my Sister said, What Cotton was that John carried out to Iron Gate? I said I sold no Cotton: I look'd at him, and said, John, What is the Matter of this? he said, Sir, Don't be frighten'd and uneasy, for you shall know the Truth of it. My Brother said, John, I am afraid you are a Rogue : Indeed, we were extremely frighten'd at the Thing. He went out as if he was going to make Water, and took to his Heels, and away he went, and I heard no more of him; both my Brother and I saw him go, but our Surprize was so great, we had not Power to seize him, or call after him; he was a Man we had a very good Opinion of. With this I went to Iron Gate , to the Sign of the City of Bristol: I ask'd the Gentlewoman of the House, who is a Woman of good Character and Fortune, about him; she said he had Lodged in her House frequently. I ask'd her if she knew of any Cotton; she said he had brought something or another, and that he should say that Cotton was exceeding dear, and that little Parcel of Cotton was worth three or four Pounds. The next Thing I did, I sent to a Relation's of his in Burr-Street, in St. Katherine's , and while we were at this House together, talking of this Affair, the Prisoner came in: As soon as he came in, the Woman of the House shew'd him up Stairs, and said, John, I hear a sad Character of you. When he came up, I said John , how is this Thing? You have committed a Robbery here. At first, my Lord, he deny'd it; his Relation prevail'd upon him, and I together, to confess the Fact: I said the Thing will be better for you, don't be desperate, but confess the Truth. He told me, if I would have Mercy upon him, or something to that Purpose, he would tell me the whole Affair: He told me that he did bag up the Cotton in the Afternoon, and he had brought it to that very House, and that he would get me my Cotton again. He went out with his Relation and a Friend of mine, in order to bring it again. I said to his Relation, what must I do in a Thing of this Nature? I don't know how to act in it: Will you be Security that this Man will appear on Monday or Tuesday, in order to go before the Justice, or what is necessary? and let me see him the Beginning of the Week: Indeed, the Relation said, 'tis so tender a Thing, if you had ask'd me to have been Security for a Thousand Pound, I should have gave it for him, but as these Things appear , I will have nothing to do with it. My Lord, I have known the Man many Years; he has been a Man in Trade for himself, and worth a Thousand Pounds. In my Surprize I could not tell what to do with him: I took him over Tower-Hill, with a Design to carry him to my House, and desir'd he would be very candid with me, and tell me the whole Thing; he then said, I sold 24 lb. of your Cotton to Mr. Scarsbrook.

Q. (to Peter Scarsbrook . Did you buy any Cotton of the Prisoner at the Bar?

Scarsbrook . The Prisoner came to my House between Eight and Nine o'Clock on Friday Night; he ask'd me my Name, and said, don't you buy Cotton? I said, I did. I ask'd him, who recommended him to me? He said, my Sister, that lives near the May-Pole. I ask'd, whether it was spun or unspun? He said he would fetch it in five Minutes Time; but he staid fifteen. He brought up the Cotton; I said, what do you ask a Pound for it. I don't know whether he ask'd 18 or 20 Pence for it. I ask'd him his Name; he said John Dodson ; I live, said he, at the Seven Stars in Bishopgate-Street , at a Tobacco-Cutter's . I ask'd him where he had the Cotton from; he told me he had it out of Gloucestershire from a Sister of his; I told him I would give no more than 18 d. per Pound. It weigh'd 23 Pound, and I gave him 34 s. 6 d. for it.

Q. ( to the Prisoner .) Will you ask him any Question?

Prisoner. I was in Liquor when I did it. Guilty 4 s. 10 d.

[Transportation. See summary.]

246. Hannah Davis was indicted for stealing a Piece of Linnen Cloth the Goods of John Cumbridge , the 2d of July .

Q. (to Elizabeth Cumbridge .) Did your Husband lose any Linnen Cloth at any Time?

Cumbridge . Yes, my Lord.

Q. When?

Cumbridge . Yesterday in the Afternoon.

Court . Will you give an Account of what you lost, and the Manner of it?

Cumbridge . I was in a Back Parlour even with the Shop, and there came a Woman into the Shop; there were some Ladies with me; one of them said, Mrs. Cumbridge , there is a Woman in your Shop: I went into the Shop and shew'd her something, but saw she had a Bundle in her Lap; she wanted some printed Linnen; I ask'd her what she had in her Lap; she said, what is that to you, 'tis none of your's : I said it was Cloth, and I was determin'd to look at it.

Q. Was no body in the Shop?

Cumbridge . No, my Lord, I took the Piece of Cloth out of her Apron, whic h Cloth was twenty-two Yards; I look'd at it immediately , and knew it to be mine, because that very Morning I mark'd twenty of them with my own Hand.

Q. How came she so easily by it?

Cumbridge. There lay a Quantity of them upon the Counter , which I had mark'd that very Morning .

Q. Was all of them bundled up in that Manner?

Cumbridge. Yes.

Q. What did she say to it?

Cumbridge . I shew'd her the rest with the same Mark .

Q. What did she say.

Cumbridge . She prmended the Child she had, about five Years old, pick'd it off the Ground.

Court. Why, 'tis as big as the Child almost.

Q. (to the Prisoner) Have you any Witnesses's?

Prisoner. The Gentlewoman run me to a Gaol last Night, and would not give me Time to send for any .

Q. Where do you live?

Prisoner. In Cowcross .

Guilty .

[Transportation. See summary.]

247. Hannah Hurst was indicted for stealing one Cloth Coat, Value 3 l. a Scarlet Duffil Joseph , two Pair of Breeches, a Lawn Apron , two Linnen Handkerchiefs, two Pair of Linnen Sleeves , the Goods of Mr. Pollen in Great Russel-Street , the 10th of June .

Q. (to Mrs. Elizabeth Pollen .) What have you to say against the Prisoner at the Bar?

Pollen. The Prisoner liv'd with us about seven Weeks as a Servant ; she was House-Maid.

Q. When was it she came to you?

Pollen. The 23d of April .

Q. Madam , did you lose any thing?

Pollen. I lost many Things; a black Coat of my Husband's, a Joseph Scarlet Duffil which was mine, a Linnen Apron, two Handkerchiefs, two Holland Shifts , six pair of Cotton Stockings, two Pair of Shirt Sleeves.

Q. You lost all these Things; do you know who took them?

Pollen. I tax'd every other Servant; I thought I had great Reason to suspect the Cook: About a Months afterwards I discharg'd two Servants upon her Account. The Way we first miss'd them was this; Mr. Pollen wanted his black Coat; the Person that went up to the Press for it could not find it, and upon Search, my Joseph , that was in the same Place , was not there; we sent out to Monmouth-street to the Taylor; he made Enquiry n the same Street , and traced the Matter out: When the Person that bought the Coat of her saw her, he knew her again; she then told me the Person she had pawn'd the Joseph to; we found several Things in her Box, and this Handkerchief I found upon her Neck, which I am positive of.

Q. Is there a Mark upon it?

Pollen. No, my Lord; but 'tis my own Work, and I know it.

Q. (to the Prisoner.) Will you ask your Mistress any Question?

Prisoner. I won't plead 'till I have my Clothes deliver'd.

Pollen. The Prisoner gave me an Order to deliver them to her Sister at Justice Smith's, but Mr. Smith did not care to take them.

Court. Whether you are guilty or acquitted, you will be intitled to your Clothes again.

Prisoner. There were two Pair of Holland Sleeves that she said was her's , and two Pair of Sleeves, they are mine; as to the two colour'd Handkerchiefs , they never were her's.

Q. (to Joseph Bradock ) What do you know of this Affair?

Bradock. I know this to be 'Squire Pollen's Coat and Breeches.

Q. How came you by them?

Bradock . When they sent to me, they said the Things must either be pawn'd or sold; I recollector about a Fornight before this there was such a Coat offer'd to me, which I was certain was Mr. Pollen's Coat; my Son had it from Mr. Harris's, at the Wheat-Sheaf; I went to Mr. Harris myself; he said, I don't take it at all amiss, if you can find it out; he was for having a warrant for to take up the Man that sold him the Coat. I went to the Man, and he said he bought it of those that bought it of the Thief.

Q. Was you present when she own'd it?

Bradock . I was present before the Justice when she own'd it; she said she sold the Coat for 13 s. and 6 d.

Q. Had you the Coat before Sir Thomas De Veil ?

Bradock. Yes, Sir.

Q. What did she say concerning the Breeches?

Bradock. She told us the Breeches were at Mr. Grange's , at the Cross-Keys in Holbourn; that she sold them with the Joseph.

Q. What is that Person that she sold them to?

Bradock. He keeps a Sale-Shop .

Q. What did she sell them for?

Bradock. For 20 s.

Q. ( to the Prisoner. ) Have you any Witnesses ?

Prisoner . No, my Lord.

Guilty .

[Transportation. See summary.]

248. Jane Howard was indicted for stealing one Dowlass Shift, a Silk Handkerchief , six Plate Buttons , the Goods of Richard Alexander , the 8th of May .

Q. (to Anne Alexander .) Are you a married Woman or a single Woman?

Alexander. A married Woman, my Lord.

Q. What have you to say against the Prisoner at the Bar?

Alexander . She feloniously took the Goods out of my Room.

Q. What Goods?

Alexander. A Dowlass Shift, a Silk Handkerchief, six Plate Buttons .

Q. What are they made of?

Alexander. Of Silver, my Lord.

Q. Whose Goods were they all?

Alexander. Richard Alexander 's.

Q. Why do you say she stole them?

Alexander . My Lord, I found the Shift upon her; and here are the other Goods this Woman bought.

Q. Have you got them again?

Alexander . Yes, my Lord.

Q. (to the Prisoner.) Will you ask this Witness any Question?

Prisoner . Please you, my Lord; she lent me the Shift to lay with her all Night.

Court . She was a married Woman; you was not to he with her.

Prisoner . Yes, I was.

Q. (to Mary Jones .) Have you any Thing to say against the Prisoner at the Bar?

Jones . The young Woman, the Prisoner, came to me with a Silk Handkerchief; she brought it in her Hand; she ask'd me to buy it. I keep a Cook's Shop and a Publick House.

Q. (to Richard Alexander .) Is that your Handkerchief?

Alexander. Yes, my Lord.

Q. Well, Jones, what more?

Jones. I bought another Linnen Handkerchief, all dirty; one I gave Eighteen-pence for, and the other Three-pence.

Court . Now is your Time to make your Defence.

Prisoner. I know nothing of the Buttons.

Court . The Buttons are not brought home to you.

Guilty .

[Whipping. See summary.]

249. John Lee was indicted for stealing four Iron Chains , the Property of Mrs. Liney , the 25th of June .

Q. (to Henry Wynne .) What have you to say against the Prisoner ?

Wynne . No further than taking my Oath concerning the Chains.

Q. Who took the Chains?

Wynne . The Lad took them; they were stole out of Mr. Charles's Premisses.

Q. What Chains were they?

Wynne . His Cart Chains.

Q. When were they lost?

Wynne . Last Tuesday se'nnight, from Thomas Charles 's Farm, where we left the Cart and Harness.

Q. Nothing but the Chains were taken away, were they?

Wynne . No, I don't know of any thing but the Chains.

Q. What Reason have you to think the Boy took them?

Wynne . He confess'd it before Sir Thomas De veil.

Q. Where did he say he dispos'd of them?

Wynne . At one Joseph Marsh 's , in Tyburn-Road .

Q. Was there any Thing taken down in Writing?

Wynne . Yes, Sir.

Q. (to the Prisoner ) Have you any Parents?

Prisoner. I have Father that lives in Oxford Road.

Q. (to Joseph Marsh .) What do you know of this Matter ?

Marsh . Nothing more than that this Lad brought these Chains to me to sell; I told him they were of no Manner of Value to me but for old Iron.

Q. What did he say?

Marsh. He said, will you buy these Chains; I was indifferent about it; they were worth no more to me than old Iron. He stood for a Penny a Pound; I said they were worth that and more to those that want them.

Q. Are you a Blacksmith ?

Marsh. Yes, Sir.

Q. When was it that you bought them, and how many Chains are there?

Marsh . Four Chains.

Q. Pray , where do you live, Friend?

Marsh . In Oxford Road.

Q. Pray, Did you know that Boy?

Marsh . No, Sir; I have seen him before; I believe he don't live far from me.

Q. Upon what Occasion have you seen him before?

Marsh. I had bought Part of a Grate of him which I was assur'd was his Father's.

Q. Did you examine him about these Things too?

Marsh. I did ask him a Question or two, but not very strict.

Court. I believe not. A mighty little Boy to deal in old Iron! 'Tis pretty odd for you to give three Farthings a Pound for these Chains for old Iron; in my Opinion you are more guilty than the Boy. The Jury desires to know what you would have a Pound for a Chain.

Marsh. I don't make any such.

Court . 'Tis such as you that incourage such little Thefts, in the Receiving of Stolen Goods.

Acquitted .

250. James Searle was indicted for stealing one Looking-Glass, Value 20 s. the Goods of Thomas Turner .

Q. (to Richard Jenkins .) What is it you know of this Matter?

Jenkins . I saw him taking the Glass out of the Shop.

Q. How was it framed?

Jenkins . In a Walnut-Tree Frame.

Q. What Size might it be of?

Jenkins. I can't tell the Size.

Q. Did he take it away?

Jenkins. Yes.

Q. Was you in the Shop?

Jenkins . I was in the Back Warehouse; we had there three Glasses standing; I turn'd myself about and saw a Man taking the Glass out of the Window.

Q. Did you follow him?

Jenkins. Yes, my Lord; but he dropt the Glass down.

Court . I suppose it broke.

Jenkins. Yes, my Lord.

Court. It was not worth the taking up, only the Frame; I suppose it broke.

Jenkins. Yes, my Lord.

Q. Is there any other Witnesses? Is not Thomas Turner here?

Jenkins. No, my Lord; he was not at home when it was done.

Q. How near was it to your Master's Shop that you took him?

Jenkins . About 200 Yards.

Q. (to the Prisoner.) Would you ask any Questions of these Witnesses?

Prisoner. Please to ask the Prosecutor whether I was not much in Liquor.

Guilty 10 d.

[Transportation. See summary.]

251. Edward Davis was indicted for stealing a Quilted Petticoat, Value 5 s. a Pair of Cloth Breeches, in the Left Side-Pocket 21 s. and 3 lb. of Candles Value 18 d. the Goods of Thomas Camden , the 28th of May .

Q. (to Camden ) What have you to say against the Prisoner at the Bar?

Camden . I was the Person that was robb'd the 28th Day of May last.

Q. What did you lose?

Camden . A Pair of Silver Shoe-Buckles, a Quilted Petticoat, two Holland Aprons, 3 lb. of Candles and a Pair of Cloth Breeches with upwards of 20 s. in my Pocket.

Q. When did you lose them?

Camden . It was about a Quarter of an Hour after I was in my first Sleep that the Prisoner came into my Room; they made off with nothing but my Buckles; all was dropp'd upon the Stairs out of my Room.

Q. What have you to say against the Prisoner at the Bar?

Camden. My Spouse saw the Prisoner by her Bed-Side.

Q. When was he taken ?

Camden. He was taken that Night in another Robbery that he committed. I did not see him 'till I saw him at Sir Thomas De Veil 's. He said he had deliver'd the Buckles to his Father at St. Clement's Round-House.

Q. (to Judith Camden ) What have you to say against the Prisoner at the Bar?

Judith Camden . On the 28th of May as my Husband and I were in Bed, this Boy (the Prisoner ) brought a lighted Candle into the room; we lost the Key on the outside of the Door and he came into the Room: I was frighted at the Light and thought the room was on Fire: I did not see him, for he was upon his Knees on the Right Hand Side of the Bed: He saw I was startled and flew away; directly I asked who was there, and the Dog follow'd him and made him leave the Things.

Q. Was you before Sir Thomas De Veil ?

Judith Camden . Yes, Sir.

Q. Did he mention that he had taken your Husband's Buckles?

Judith Camden . Yes, and that he had given them to his Father to pawn for him, and that he had pawn'd them in Bride-Lane in Fleet-Street.

Q. (to - Jarvice) What are you?

Jarvice . I am Watchman at the End of Flower-de-luce-Court in Fleet-Street. A Quarter of an Hour after Eleven, this Davis and a little Boy along with him, one Saunders, wanted a little Pit of Candle, I told them if they wanted Candle there was a Tallow-Chandler's hard by; some Time after this, I saw this Boy, the Prisoner, run as hard as he could; he was hardly gone but Mr. Camden came down and said he was robb'd, and ask'd me whether I saw any Body; but he was gone off; and I am sure that is the Boy that ran away.

Q. (to John Cropton ) What have you to say to Edward Davis ?

Cropton. These Buckles were brought to my Master's to pawn for a young Man; my Master ask'd if they were the young Man's own, he said they were. I was present when Edward Davis came to pawn these Buckles to my Master.

Guilty .

[Transportation. See summary.]

252. Catherine Bouthe was indicted for stealing a Brass Box Value 2 d. and two Pieces of Gold Coin call'd Guineas, &c. the Property of Catherine Gwyn , the 26th of May .

Q. (to Gwyn) What do you say against the Prisoner?

Gwyn. She was one of the Prisoners that robb'd me. She robb'd me of a Brass Box, two Guineas in Gold and a Shilling in Silver, some Lace and a Certificate.

Q. Why do you say the Prisoner was one of the Persons that stole them?

Gwyn . She was one of the Woman that took the Brass Box out of my Bosom with the Money in it.

Q. How came she there?

Gwyn. I can't 'tell any further but that she robb'd me of my Money.

Q. Are you a Housekeeper or a Lodger?

Gwyn. I came but two Months ago from be land, and lodge in my Brother-in-Law's House.

Q. When was it?

Gwyn. It was either the 26th or 27th of May .

Q. What Time of the Day or Night?

Gwyn. It was between One and Two o'Clock in the Afternoon; there was none there but these two Women.

Q. When they came in what did they do?

Gwyn . Mary Musse came into my Room between Four and Five o'Clock in the Morning and wanted to lie down upon the Bed with me.

Q. When did you miss the Box?

Gwyn . I miss'd the Box before they sent me for the Pint of Anniseed .

Q. (to the Prisoner) Would you have her ask'd any Questions?

Prisoner. My Lord there was three Pints of Anniseed and a Pint of Gin. She went out for a Pint of Gin; then she sent for two Pints more and one was spilt by the Way. The Creature got herself in Liquor and then would have swore my Life away.

[The Evidence of Mary Gwyn being very confus'd and doubtful, the Prisoner was acquitted .]

253. Jane Haines was indicted for stealing a Silver Spoon Value 8 s. the Goods of James Tyler , the 16th of June .

James Wilson . I am a Pawnbroker. This is the Spoon that was brought to me in order to be pawn'd; I observ'd there was something eras'd out of it, therefore I stopp'd it. Jane Haines sent this Spoon by another Person, and when she came herself I had as much Reason to suspect her as the Person that brought it me at first.

Q. (to Tyler) When did you miss this Spoon?

Tyler. The 17th of June .

[When Tyler was closely charg'd about the Spoon he would not stand to it; but said one Spoon was like another, that the Prisoner us'd to come frequently to his Room, and that he never knew her do any such Thing. It was then ask'd who should have the Spoon, as Tyler would neither swear to it nor claim it. So the Prisoner was acquitted and the Spoon given to her.]

254. Margaret Brady was indicted for stealing a Hat, Value 2 s. a Shoe and Buckle, and a Handkerchief , the Goods of John Box , on the 14th of June .

Q. (to John Box .) What have you to say against the Prisoner?

Box. On the 14th of June I had been hard at Work in the Morning, and in the Afternoon went to drink a Pot of Beer or two: When I went home I call'd my Wife three or four Times; but she being big with Child, and heavy to sleep, did not hear me, so I sat down on my own Bench at the Door and fell asleep; I can't say how long I slept, but during that Time I lost my Hat, Handkerchief, and the Shoe and Buckle from my Right Foot; but on her endeavouring to take the Buckle from my Left Foot I awak'd and caught her on the other Side of the Way, with my Shoe and Buckle in her Hand. I call'd the Watch directly, who came and carry'd her to the Watch-House, where we had not been above half an Hour before a Watchman that went out to seek for my Hat brought it in and put it upon the Shelf; about Two or Three o'Clock in the Morning they lock'd her up in the Watch-House, from whence she escap'd and took my Hat with her, and I saw no more of that or my Handkerchief.

Q. What did she say when you laid hold of her?

Box. She said, I would have you take care what you do.

Q. Did you ever see the Prisoner before?

Box. I may have seen her, but never had any Conver sation with her.

Q. (to the Prisoner.) What have you to say for youself ?

Prisoner. I am not guilty.

Q. Have you any Persons to call to your Character?

Judith Harebottom . I have known the Prisoner many Years, and know her to be a hard-working Body ; she was coming home from work, and was going to Market to buy something for her Money.

Q. What is her Business ?

Harebottom . She spins when she is at home in the Winter , and in the Summer she goes to Haymaking and works in Gardens.

Q. (to Mary Crumpton .) Do you know the Prisoner at the Bar ?

Crumpton . I have known her for above seven Years.

Q. What Character does she bear?

Crumpton . I never heard any Harm of her in the whole Course of my Life; but believe her to be a poor hard-working Woman.

Martha Robinson . I am her own ancient Mother.

Q. How has she behav'd?

Robinson. I praise God she never behav'd amiss.

Acquitted .

255, 256. Mary Cummings and Elizabeth Plumin were indicted for feloniously stealing Half a Guinea in Gold , the Property of Joseph Candy , on the 11th of May .

Q. (to Joseph Candy .) What have you to say against either of the Prisoners?

Candy. I met the young Woman in the Minories ?

Q. Which of them?

Candy. Mary Cummings .

Q. When?

Candy. On the 11th of May, about Twelve o'Clock at Night: I ask'd her if she could tell me of any Lodging, and she carry'd me down to a back Place where she liv'd; I ask'd her if that was the Room, and perceiving the Bed was not down I told her of it; she said I must drink before I went to Bed: I ask'd her if she sold any thing, and told her at the same Time I did not care for drinking: She said they sold Punch, and I bid her bring me two or three Pennyworth of it; so she call'd the old Woman to bring the Punch. I said I was afraid I had got into a bad House and desir'd to know what I had to pay. The old Woman told me Half a Crown; but thinking that too much, I said I would not pay it, and they swore I should not go out of the House 'till I had done so, threatning to strip me: The Women laid hold of me, (at which Time I had Half a Guinea and two new Shillings in my Pocket) and a Fellow pretended to call the Watch; but I got out and Yet a Mark upon the Door at the Corner of the House, I cut a Notch in the Timber and three Crosses on the Door.

Q. Do you know who took the Money out of your Pocket?

Candy. The young Woman had hold of me, but the old Woman took the Money out of my Pocket.

Q. (to the Prisoner Mary Cummings ) Would you ask him any Questions?

Cummings . My Lord I know nothing of the Man; I have been seven Weeks in Gaol; he has sworn falsly against me.

Both Acquitted .

257. John Mills , not having the Fear of God before his Eyes, nor regarding the Laws and Statues of this Realm, nor the Pains and Penalties there in contain'd, was indicted for shooting at Thomas Lewis , on the 22d of October, in the Year 1743 , with a certain Gun loaded with Gunpowder, with an Intent to kill and murder .

Council. May it please your Lordship, and you Gentlemen of the Jury, I am Council against the unfortunate Prisoner at the Bar; the Indictment is grounded on an Act of Parliament wherein there are several Clauses; for Instance, if any Person shall unlawfully cut down or destroy Trees, set fire to any Barn, House, &c. or shall willfully shoot at any Person, in any dwelling House or other Place, he shall be guilty of Felony: The clause we go upon is for willfully shooting at a Person. It may be necessary to shew for what Reason the Prisoner went to the House of Mr. Lewis, the Prosecutor, who is a Wheelwright , and lives in East-Smithfield : The Defendant, Mills, has been deem'd a notorious Cheat; he made it his Business to go to Mr. Lewis under artful Pretences, and is now confin'd for such an Offence, upon a like Account he lately stood in the Pillory. Mills knowing a Friend of Mr. Lewis's, with whom he had some Dealings, went to his House, and seeing a large Parcel of Wood, says, some of this wood grew in my Ground, I have a great Quantity coming to Town. Mills ask'd Lewis whether he was acquainted with Mr. Higgs, he said yes, and that he had had some Dealings with him; says he, I have more Timber coming up, and talk'd likewise of Sheep and Lambs coming up to Smithfield Market, though none were brought. This was to give him a Colour for Credit, and upon this he desir'd Mr. Lewis to go with him to one Mr. Jewel, and told him he should be much oblig'd to him to give a Note of Hand for 12 l. 12 s. 3 d. he expected to have receiv'd this Money the Friday following; but there were no such Persons as Mills or Nichols to be found: so, Gentlemen, upon this they made Enquiry, and after some time thought fit to go to this Place, Bassildon in Berkshire ; they went first to Mr. Higgs, where they got a particular Information of Mills; however he had Intelligence that Lewis was coming to his House. This is mention'd to shew that he willfully shot, and that he knew the Person, by Expressions or Words to this Effect: By G - d, Lewis, I'll shoot you; and he had no sooner spoke those words than he fir'd a Musket at him; but the Prosecutor hearing him say he would shoot him, fell down, so I suppose he miss'd his Aim: On finding the Man get up again, and endeavouring to run away, to shew him Malice, he said, G - d d - n him he is not dead, bring the Blunderbuss that I may blow his Brain, out; but it happily fell out that he escap'd. It may seem extraordinary that this Thing should end dormant so long; but Mills was backward and forward , and could not be apprehended sooner, so that the Prosecution could not be brought on before.

Q. (to Thomas Lewis .) When was this?

Lewis. The 9th of October, in 1743, the Prisoner came into our Yard, and said these are brave Felleys, I have a great Quantity of them. Mr. Nicholls was very handsomly dress'd, had a Silver Pair of Spurs, &c. Says Mills, Master Lewis, do you know Mr. Higgs, I was recommended by him to you? They also wanted Lodgings, and I should have been glad to have lain out of my own Bed for them (with a View of buying a good Bargain;) but my wife was not willing; so I got them a Lodging elsewhere. Please you, my Lord, Mills and Nichollas had some Money of me; after this I went down to see if the Barges were come up; and when I came to speak to Mr. Higgs, I ask'd him how he could defraud me in the Manner he had done, and began to tell him the Story? He swore about Mills, and said, what has he been dealing in London again? When we went down to Bassildon he went with us to this Mill's House, which is near a Common; when I got to the Door Mills saw me, and said d - n you I'll shoot you, and levell'd a Piece at me.

Q. What Distance was you from him when he said he would shoot you?

Lewis. It might be about twenty Yards.

Q. What did he say after that?

Lewis. He call'd for the Blunderbuss, and said he would blow my Brains out.

Q. Do you think it was loaded with any thing?

Lewis. I can't say whether it was loaded with Ball or Shot, it whistled by me.

Q. Did you apply to any Justice of Peace against this Man?

Lewis. Yes.

Q. What Justice did you apply to?

Lewis. I can't tell the Justice's Name.

Q. Where does he live?

Lewis. At Straitly . I shew'd him the forged Note.

Q. Did he take your Information? Did you complain of his Shooting? Did you desire the Justice to grant you a Warrant against the Prisoner?

Lewis . The Justice did not care to do any Thing with him, he is such a bad Man.

Q. Did you make Complaints to the Justice of this Matter, and desire a Warrant?

Lewis . I shew'd him how he trick'd me. He he said they were very vile Fellows, and that they were not safe in lying in their Beds.

Q. Did you request a Warrant from the Justice, and desire him to take your Information?

Lewis . I went to the Justice at Straitly for Advice.

Court. That was for the Cheat, and not for shooting at you; did you tell him in what Manner you had been shot at?

Lewis. Yes , my Lord.

Q. How came you to exhibit this Indictment against him now ?

Lewis. My Lord, for shooting at me, when I went down to endeavour to get my Money.

Q. Did you ever endeavour to find him out?

Lewis. Yes. But I never could find him before.

Q. Did you endeavour to take him up for the Cheat , or shooting?

Lewis. For the Shooting, please you my Lord. And when we came away he said, Ah ye London Fools , &c..

Q. (to Thomas Brigs ) Did you go down to Bassildon with Mr. Lewis?

Briggs. Yes.

Q. What Time in the Evening was it that you went to the Defendant's House?

Briggs. We were at Bassildon about Four o'Clock in the Afternoon; we sent for William Higgs , the Timber-Merchant, who was at work with his Men, and came from them between Five and Six o'Clock . We went up Bassildon-Heath to Mill's house .

Q. When you went there, tell us what you saw Mills do to Mr. Lewis?

Briggs. When we went to his House he stripp'd himself into his Shirt, and took a Piece, a Gun, or Musket, and he swore by G - d, Mr. Lewis, if you don't go away I'll shoot you; he levell'd at Mr. Lewis ; as soon as I saw it I run behind the Barn, or Straw-Cock, or something.

Q. What did he say?

Briggs. He swore he would shoot, and fir'd off the Piece immediately.

Q. How near was you to Mr. Lewis?

Briggs. As near as I am now. As soon as I saw the Piece I ran behind the Hovel, or stable. On Monday Morning when we came to set out, they said we were in Danger in going Home; and we got a Per or two to go with us for fear of meeting with him upon the Road.

Q. What Time do you take it to be that you was at Mill's House?

Briggs. It was about Seven o'Clock. As fine a Moon-shine Evening as ever I saw.

Q. (to the Prisoner.) Will you ask this Witness any Questions?

Prisoner. Mr. Lewis stood with a Penknife drawn, and swore he would stabb me.

Q. (to Lewis) Had you at that Time a Penknife in your Hand; did you threaten to do any Thing?

Lewis . No, my Lord.

Q. If you could have got your Money would you have prosecuted the Prisoner?

Lewis. Yes, my Lord.

Q. (to George Rishton ) Pray how long is it since you had any Dealings with the Prisoner at the Bar?

Rishton. Nichols and Mills came to me three Years ago.

Q. Have you endeavour'd to find him?

Rishton. I went down to Reading-Jail and found Nicholls.

Q. Did you send to enquire after Mills?

Rishton. Yes, I sent one out of Berkshire to enquire after him.

[ William Nicholls , who is now a Prisoner in Newgate, was call'd upon as a Witness for his Acquaintance, Mills.]

Q. (to Nicholls) What have you to say in the Behalf of John Mills ; was you with Mills when Lewis came there?

Nicholls. I know Mr. Lewis very well. I was not in the House when Lewis came there.

Q. Then you know nothing of the shooting off the Gun .

Nicholls. Nothing, but what I heard Mr. Mills's Man say; one William Higgs , the Carpenter, came up with them, and my little Boy was there.

[As the Prosecution was so long after the Fact was committed, the Prisoner was acquitted of the Indictment .]

218. Mary Hewitt was indicted for stealing 21 s. in Money, and 140 Gold Beads, Value 30 s. also a Pair of Silver Buckles and a Pair of Silver Buttons ; the Property of George Corbut , the 25th of March .

Q. (to Anne Corbut ) What do you know in relation to Mary Hewitt ?

Corbut. I know she robb'd me of 21 s. in Money .

Q. Give an Account how you came to know it, and when it was.

Corbut. The 25th of March.

Q. Was she a Servant in your House?

Corbut. No, it was in her own House. She and I came up from a Ship together; and she persuaded me to lie with her that Night.

Q. How do you know she took the One and twenty shillings away?

Corbut. Because I had this Money in a green Purse in my Pocket, that laid by the Bedside.

Q. When did you miss it?

Corbut. In the Morning, when I got up, I miss'd my Money out of my Pocket, my Necklace, and a Pair of Silver Buttons.

Q. What was your Necklace made of?

Corbut. Gold Beads , two Rows.

Q. Where were they at the Time you lay with her?

Q. In my Pocket, along with the Buckles and Buttons.

Corbut. Did your Pocket lay at the Bedside as you left it? Did any body else lay in the Room?

Corbut . She laid with me, and no body else laid in the House.

Q. How do you know that? you was not awake in the Night.

Corbut. She lock'd up the House and the Room too.

Q. Was she up before you?

Corbut. Yes. I had 39 s. when I went to bed, and she left me but 18 s.

Q. Do you know how long she had been gone out of the Room before you?

Corbut . No; I did not hear her rife.

Q. Have you been acquainted with her long?

Corbut. No; I never knew her before I came up with her from the Ship.

Q. Where did that Ship lie?

Corbut. Between the Hope and the Nore .

Q. Well, did you tax her about this?

Corbut. Yes, I did; but she denied it.

Q. (to the Prisoner) Would you ask any Questions of this Witness?

Prisoner. Please your Lordship, she was up two Hours before me, She gave me these Buckles to go to sell; there was a little Girl in the House at the same Time. She also sent me with the Gold Necklace to pawn for 18 s.

Corbut. I gave her neither of them.

Q. Have you ever seen this Gold Necklace, or Silver Buckles, since you lost them?

Corbut. Here's a Gentleman has the Necklace in Custody.

Q. (to Anne Nicholls ) What have you to say?

Nicholls. Please you, my Lord, I saw the Buckles in Mary Hewitt 's Hand.

Q. What Buckles?

Nicholls. Shoebuckles .

Q. How do you know they were Anne Corbut 's?

Nicholls. She told me that Anne Corbut had given them to her to sell.

Q. Where was it that you saw these Buckles?

Nicholls. At Mary Hewitt 's House.

Q. Do you know how long it was that Anne Corbut had lain there?

Nicholls. I believe she had lain there two Nights.

Q. How long after was it that Hewitt shew'd you these Buckles?

Nicholls. She hir'd me as a Servant in the Morning.

Q. What Day in the Week?

Nicholls. I believe it was on Thursday, but I can't tell.

Q. Was Anne Corbut in the House at the Time Hewitt hir'd you? Who told you Anne Corbut lay there that Night?

Nicholls. Sir, I saw her in bed.

Q. Do you know any thing farther?

Nicholls. Mary Hewitt 's Mother had the Necklace in her Hand.

Q. When was that?

Nicholls. It was the Morning after.

Q. Anne Corbut was gone then, was she not?

Nicholls. No, my Lord, she was not gone, that was the Day her Mother fetch'd her away.

Q. Do you know any thing farther?

Nicholls. Mary Hewitt bid me say, if any body ask'd that the Woman gave her the Buckles to pawn.

Q. (to the Prisoner) Will you ask any Questions of this Anne Nicholls ?

Prisoner. My Lord, the Girl was in the House at the same Time, and saw Anne Corbut give me the Buckles.

Q. (to Nicholls) Was it the first Morning after Anne Corbut lay there that you saw the Buckles, or the second Morning? Did you hear Anne Corbut make any Enquiry about the Gold Necklace , or Buckles; or was you there when Anne Corbut went away?

Nicholls. No, my Lord, she went away at Night.

Court. You say Anne Corbut was a-bed when you saw the Buckles in the Prisoner's Possession; and the Prisoner told you, that if any body should ask about the Buckles, you should say Anne Corbut gave them to pawn.

Q. Did you see Anne Corbut after she got up?

Nicholls . Yes, I saw her drinking Tea with Mary Hewitt .

Q. Well, was you present in the Room assisting in Tea-drinking Time? Was there any Conversation between them ? How long might they be together when you was by ?

Nicholls . I was by about an Hour, in the Company of them both.

Court. And nothing past in relation to the Necklace, Money, or Buckles. You say you was there about an Hour.

Q. Well, where did they dine ?

Nicholls. There was a Gentlewoman over the Way, they dined there.

Q. Who is that Gentlewoman?

Nicholls . The Gentlewoman's Name is Armstrong .

Q. Well, did they come to the House after Dinner ?

Nicholls. Yes, Sir, they came to the House.

Q. Was you at home then?

Nicholls. Yes; then Anne Corbet had lain down upon the Bed, and Mary Hewitt went up by herself.

Q. You said before Anne Corbut laid down upon the Bed; Were they any Time together? Did you hear Anne Corbut say that she had lost any thing?

Nicholls. No, Sir.

Q. What Time did Anne Corbut go away? Did your Mistress come home before you went out? Did she go into the Room where Anne Corbut lay?

Nicholls. She came down while my Mistress, Anne Hewitt , was gone out.

Q. Were they together?

Nicholls. Yes.

Q. How long?

Nicholls. About Half an Hour.

Q. During that Time was you present?

Nicholls. Yes.

Q. Did you hear of Anne Corbut 's complaining of the Loss of any thing?

Nicholls. No.

Q. What Time might it be when you went out?

Nicholls. Sir, I believe it might be about Five or Six o'Clock.

Court. Then you left them together about Five or Six o'Clock.

Q. (to Anne Corbut ) Was this Loss you mention of 21 s. the first or second Night?

Corbut . It was the first Night; but I did not speak of it 'till the second , 'till my Mother was sent for ; then she own'd them, and said she would bring the Things to my Mother on Easter-Monday.

Q. What is your Mother's Name.

Corbut. Elizabeth.

Q. (to Isaac Pinor ) What is it you know of this Affair?

Pinor. The Prisoner's Mother brought this Necklace to pawn along with this Girl.

Q. What did she pawn it for?

Pinor. Eighteen Shillings.

Q. Did she tell you whose Necklace it was?

Pinor. That it came from her Daughter's.

Court. She did not tell you in particular.

Pinor. No; but only she sent this Girl with her, that she should not cheat her.

Q. (to Peter Nettle, Headborough ) What is it that you know of this Matter?

Nettle . I had a Search Warrant, and I went to Mr. Pinor's, and desir'd, if he had any Gold Necklace he should produce it; which he did, and declar'd that the Prisoner's Mother pawn'd it there.

Q. (to Elizabeth Service ) Was you present at any Time when your Daughter and Mary Hewitt , the Prisoner, were together?

Service. No, but when I was sent for by my Daughter's Acquaintance.

Q. I ask you, Whether you came to Mary Hewitt 's House , and when?

Service. I never was, but when I was sent for by my Child: It was a young Man that lives at a Baker's Shop that came for me.

Q. Where was you to come to her?

Service. To Mary Hewitt 's.

Q. What Day of the Week was it?

Service. To the best of my Memory it was the 27th Day of March.

Q. Well, what Time did you come there?

Service. About Ten or Eleven o'Clock in the Morning.

Q. Was your Daughter come from Mary Hewitt 's?

Service. No, she did not dare to come before, because she was a very passionate Woman.

Q. When you came, what past between you and Mary Hewitt ?

Service. Please you, my Lord, she promis'd to bring me this Necklace and the Buckles again on Monday.

Q. At that Time did she tell you how she had dispos'd of these Things?

Service. She d - d her Eyes, and said, if I made any Disturbance or Confesion there, she would send me to Newgate: she said, your Daughter is a married Woman, if she had a Mind to live there she should.

Q. Did she say your Daughter had a Mind to live there?

Service. No; for my Daughter was frighten'd out of her Wits.

Q. Was your Daughter present when she made Use of that Expression?

Service I believe she was not in the same Room.

Q. Did your Daughter say any thing that she had or had not a Mind to live with Mary Hewitt ?

Service. Instead of that she shew'd a great Unwillingness, and slung her Arms about my Neck, and cry'd as one out of her Wits.

Q. (to the Prisoner) Will you ask her any Questions?

Prisoner. She knows very well that her Daughter pawn'd the Necklace to buy a printed Linnen Gown of me, and a white Petticoat.

Q. (to Anne Corbut ) Had you a Linnen Gown of Mary Hewitt , and did you pay her for it?

Corbut. I paid her 9 s. in Money, as my Gown was so dirty that I was asham'd to go home with it.

Q. (to the Prisoner) Do you call any Witnesses?

Prisoner. My Lord, she spent the 21 s. that she said I robb'd her of.

Q. (to Nicholls's little Girl) Was you there at the Time that Elizabeth Service came to your Mistress's House ?

Nicholls. Yes, Sir, when the Gentlewoman came for her.

Q. Was that the Morning of the second Day?

Nicholls. Sir, it was about Ten or Eleven o'Clock the second Day.

Q. Was you present when the Prisoner at the Bar and she was together? Tell what past between them.

Nicholls. I can't say; I went up and down Stairs to do what there was to do.

Court. Anne Corbut , after you was robb'd of 21 s. a Pair of Buckles, and a Gold Necklace, how could you go out with this Person, drink Tea with her, and stay with her another Night?

Corbut. My Lord, I was afraid of my Mother being angry with me.

Court. But you need not to have been afraid of others; you might have went to another Lodging, and not lain at the Place where you was robb'd.

Q. Where is this Place?

Corbut. 'Tis near the Bell and Duck in Wapping.

Q. Where does your Mother live?

Corbut. In Brook-Street, near Ratcliff-Cross .

Q. (to the Prisoner) You hear what all these People have sworn; What have you to say for yourself?

Prisoner. Please you, my Lord, she bought the Gown and Petticoat of me: She says she gave me 9 s. for it, but she gave me a Guinea for the Gown and Petticoat.

Corbut. I gave her 9 s. for the Gown, and Half a Crown for the Petticoat.

Q. When you went away from the House, how much Money had you in your Pocket?

Corbut. I had 10 s. Now I recollect, I had about 8 s. and some Halfpence. I had 2 s. from my Mother.

Court. So then you had 8 s. and some Halfpence, with the 2 s. your Mother lent you.

Q. What was the Occasion of your borrowing 2 s. of your Mother?

Corbut. She brought me in 7 s. in debt. Acquitted .

259. Alice Butler was indicted for stealing three Pewter Plates , the Property of Cecilia Back -house .

Q. to Cecilia Backhouse ) What have you to say to the Prisoner?

Backhouse. She stole the Plates.

Q. How do you know she stole them?

Backhouse. Because she pawn'd them.

Q. Why do you say she pawn'd them?

Backhouse. The Pawnbroker will justify it.

Q. What is the Pawnbroker's Name.

Backhouse. His Name is Young.

Q. Did the Prisoner at the Bar live with you ?

Backhouse . She was a Charewoman.

Q. (to the Prisoner) She says she lost three Plates, and that you stole them.

Prisoner. My Mistress gave me Victuals home with them.

Q. (to Mrs. Backhouse) Did you give her Victuals in the Plates?

Backhouse. No, my Lord.

Q. How did you give her Victuals?

Backhouse. In a Dish, or her Apron.

Q. (to Richard Young ) What have you to say to these Plates?

Young. Mr. Bulter brought me these three Plates upon the 25th of March.

Q. Did you know the Prisoner before?

Young. Yes, Sir, I know her as well as I know myself.

Q. What did she pawn them for?

Young. For a Shilling.

Q. Did you ask whose Plates they were?

Young. No, my Lord, I knew her to be an honest Woman; I never heard a bad Character of her in my Life.

Q. What have you done with the Plates?

Young. When I heard Mrs. Backhouse was pursuing of her for a Silver Spoon, I look'd upon the Plates , and they have Mrs. Backhouse's Name, in Furnival's Inn, upon them.

Q. If that was wrote upon the Plates, you should have looked upon them.

Young . Yes, my Lord, I should.

Court. I think 'tis a very odd Thing you should take such Things without looking upon the Name. Would you give Money upon them without opening ?

Young . Yes, Sir.

Court . Suppose they had been Pantiles, or any Thing ?

Q Did she leave the Cloth too.

Young. Yes, Sir.

Q. Did you never open them?

Young. I never open'd them.

Court. 'Tis a very uncautious Way of acting; this is to encourage such Things.

Q. When did you carry them home?

Young. I believe it was the 19th of June, the Constable has them.

Q. (to the Prisoner) Will you have him ask'd any Questions ?

Prisoner. No, please you, my Lord.

Q. (to John Mitchel .) What are you?

Mitchel . I am Butler of the Society at the Inn.

Q. Are these the Plates that belong to them?

Mitchel . I know they are. Mrs. Backhouse gives Security for the Plates that are in her Custody.

Court. Then she is liable to make them good.

Mitchel. Yes, Sir.

Q. Have you nothing to say of the Fact?

Mitchel. No; I found them at Mr. Young's on Sassion-hill .

Q. (to the Prisoner.) Would you have this Witness ask'd any Question?

Prisoner. No, my Lord.

Q. What have you to say in your Defence?

Prisoner. Please you, my Lord, one Day my Mistress gave me two Plates with Victuals, and one Plate at another Time, and my Husband sell down with a Dozen of Candles, and he receiv'd a Hurt, and I pawn'd them out of real Necessity .

Q. (to Mrs. Backhouse.) How long has she work'd for you?

Backhouse. Between two and three Years; I have lost several odd Things, but could not tell who to charge with them; a Pewter Dish, &c.

Q. How did she behave during your Service?

Backhouse. I did not know but she was very honest, but I lost several Things.

Guilty 10 d.

[Transportation. See summary.]

260. Mary Smith was indicted for stealing a Goose , Value 1 s. 6 d. and a Duck, Value 6 d. the Property of William Shirley , the 12th of June last.

Q. (to Elizabeth Shirley .) What have you to say against the Prisoner?

Shirley . She was the Person that took the Goose and the Duck.

Q. Why do you say that she took them?

Shirley . I took them upon her.

Q. When?

Shirley. That very Day, the 12th of June.

Q. How long after the Fact was committed?

Shirley. I caught them upon her, and she threw them into a Neighbour's House.

Q. Did you miss them immediately? Where was she when you saw her with them.

Q. What time was it?

Shirley. Four o'Clock in the Afternoon.

Q. Did you stop her, and take them from her?

Shirley. I took them from her; She threw them into a Neighbour's House.

Q. How do you know she threw them into a Neighbour's House?

Shirley. I saw her.

Q. Are you sure they belong to your Husband?

Shirley. Yes, Sir.

Q. What is your Husband's Name?

Shirley. William Shirley .

Q. Where do you live?

Shirley. In Angel-Court, Westminster.

Q. (to William Haines .) What have you to say against the Prisoner?

Haines. I have no more than that I saw her throw the Goose and Duck into the Shop.

Q. (to the Prisoner.) Will you ask him any Question ?

Prisoner. No, my Lord.

Q. Have you any Witnesses to your Character, or to give any Account of you?

Prisoner . No, my Lord.

Acquitted .

261. Alice Donnerson was indicted, for that she , with a certain Cane, which she had in her Right Hand, did wilfully strike and beat Mary Young giving her on her Head, Shoulders, and other Parts of her Body, divers mortal Bruises and Wounds, of which mortal Wounds the said Mary did languish from the 1st to the 29th of June , and then died .

Q. (to Mary Dowland ) What do you know of this Fact?

Dowland. I lodg'd in the Prisoner's House, up one Pair of Stairs, and I heard her beat the Child several Times, but never saw her beat her but once. I heard the Child cry, and heard the Blows, Sir.

Q. Where did you lodge?

Dowland. I lodge in the fore Room, up one Pair of Stairs.

Q. Where did you hear her beat the Child?

Dowland. In her back Stairs below.

Court . You say you heard the Child cry several Times, and heard the Blows, but you once saw her beat her.

Dowland . Yes, she gave her three or four Slaps with a Piece of Cord.

Q. When was the first Time, and when was the last Time you heard her beat the Child so, that it cry'd?

Dowland. I heard the Child cry on Friday last.

Q. When was the Time you saw her give the Child three or four Slaps with a Piece of Cord?

Dowland. As near as I can guess, about a Month ago.

Q. What was the Child's Name?

Dowland. Elizabeth Young .

Court. Why, in the Indictment 'tis Mary Young .

Q. Is she dead since?

Dowland. Yes, she died on Sunday Morning.

Q. Is there any Reason to think she died of her Bruises?

Dowland. Yes, there is a great deal of Reason for it.

[ There being a Mistake in the Name, the Prisoner was order'd to remain to be tryed on another Indictment .]

262. John Freeman was indicted for stealing one Pair of Leather Shoes, Value 1 s. one Pair of Everlasting Shoes, Value 3 s. the Property of Richard Rowland , the 23d of June .

Q. (to Samuel Tyler ) What do you know of this Affair?

Tyler. My Lord, I keep a Stall; I lock'd it safe on Saturday Night, and on Monday Morning the 23d of June, I was call'd up between Two and Three o'Clock by the Watchman. The Prisoner at the Bar was taken with the Shoes upon him; one Pair was my own Wearing Shoes , and another Pair was my Customers. There were found in his Apron, my own Shoes, one odd Shoe , and a Pair of Shoes that belong to Richard Rowland : All these Things were found upon him.

Q. (to the Prisoner.) Would you ask this Witness any Question?

Prisoner. No, my Lord.

Q. (to John Shelmondine .) What do you know of this Affair?

Shelmondine. My Lord, I was coming by that Way, and saw the Prisoner by Mr. Tyler's Stall.

Q. What are you, a Watchman?

Shelmondine. No, my Lord, I am a Butcher.

Q. Did you know Tyler's Stall?

Shelmondine. Yes, my Lord, he made Shoes for me. This Man (the Prisoner) was going from the Place, and the Door was left open; and away he goes, and I follow'd him; he walk'd pretty brisk ; there was a little Alley, and he goes across to the Market, and I lost Sight of him; but I came in Sight of him again: So I was going along by the Dead-Wall by Lincoln's-Inn; he thought he was pursued; he said, Good Morning to you; and that he had found some Shoes upon a Bulk : When he was ask'd what he had in his Lap, he let down his Apron and there were five Shoes.

Q. (to the Prisoner.) Will you ask him any Question?

Prisoner. Ask him whether he can say I was the Man that broke open the Stall?

Q. (to the Prisoner.) What have you to say in your Defence?

Prisoner. I had been drinking at a Publick House in the Strand with a Couple of Soldiers of my Acquaintance; when I left them, I was coming by the Stall, and saw one Shoe before me; I gave it a Kick , and threw it upon the Bulk; throwing of it up there, it founded against some others, and there were two Pair more.

Guilty 10 s.

[Transportation. See summary.]

263, 264. Elizabeth Cunningham and Elizabeth Jolly were indicted for stealing a pair of Sheets and a Brass Candlestick , the Property of John Henderson .

Q. (to Elizabeth Henderson ) Are you a married Woman?

Henderson. Yes.

Q. What is your Husband's Name?

Henderson . John Henderson .

Q. What have you to say against the Prisoner?

Henderson. I let the Lodgings to Elizabeth Cunningham , a Room up two Pair of Stairs.

Q. What have you further to say?

Henderson. I miss'd the Things, a Brass Candlestick and a Pair of Sheets. I did not miss them 'till Whitsun Monday in the Morning, tho' I let the Lodgings three Months ago. Mrs. Cunningham said she could not afford to pay for the Lodgings, and she desir'd to take in a young Woman with her. They were pawn'd in Tash-Court; they both own'd they were pawn'd there in both their Names.

Q. What have you to say about your Pewter Plate?

Henderson. I know nothing but of the Sheet and Candlestick.

Q. (to Robert Nicholls ) What have you to say to the two Women, the Prisoner?

Nicholls. Nothing, my Lord, but that both of them pawn'd the Sheets that were claim'd by Henderson.

Q. When did they pawn them?

Nicholls. The 16th of May.

Q. How much did you lend upon them?

Nicholls. Three Shillings. They said they were to have them the next Day.

Prisoner. Mr. Nicholls had them before, and we fetch'd them again very honestly.

Q. The Sheets were not yours, how came you to take them?

Prisoner. With no Design of Wrong.

[It appearing to be mere Necessity, and that the Prisoners bore a good Character, they were both acquitted .]

266, 267. John Short and George Thomas were indicted for that they on the 26th of April , in a certain Field and open Place near the King's Highway, did make Assault upon John Biles , putting him in fear and danger of his Life, and did feloniously steal one Silver Lac'd Hat, one Pair of Silver Knee-Buckles, a Pair of Leather Breeches, a Pair of white Cotton Stockings, two Linnen Handkerchiefs, four Cambrick Stocks, and a Silver Clasp , the Property of the said John Biles .

Q. (to John Biles .) What have you to say against the Prisoners?

Biles. Three Men met me between Nine and Ten o'Clock at Night, the 26th of April last.

Q. Whereabouts?

Biles. In a Field between Mother Red-Caps and Tottenham-Court .

Q. What past between these three Persons and you?

Biles. They demanded my Money, and I told them I had none; they clapt three Pistols to my Head, and said, if I spoke another Word they would blow my Brains out.

Q. What did they do?

Biles. Then they took my Silver Buckles out of my Shoes.

Q. Did they throw you down?

Biles. They never struck me, I stood all the Time; they took out one of my Knee-Buckles, and the other they made me take out myself.

Q. What were these Buckles made of?

Biles. Silver.

Q. Did they take any thing else?

Biles. Yes, a Silver Lac'd Hat, and a Pair of Leather Breeches.

Q. Was these Breeches on?

Biles. They were on my Body, and they made me take them off and give to them.

Q. What else?

Biles. Four Cambrick Stocks, a Silver Clasp, a Pair of white Cotton Stocking, two Linnen Handkerchiefs.

Q. When they had taken all these Things from you, what did they do?

Biles. They bid me go about my Business.

Court. Is that all? You say there were three Persons that did this Injury to you; do you know any Thing of them?

Biles. No, I can't say I know them, it was a dark Night.

Court. So, this is all you can say in relation to this Fact?

Biles. Yes, this is all; who committed it I cannot tell.

Q. Have you had any of your Things?

Biles. No, none of the Things.

Q. When these People robb'd you, what Way did they go?

Biles. I went home to my Master's towards London; I left them in the Place, I did not look back .

Q. Could you judge of the Stature of these People ?

Biles. It was such a dark and foggy Night, that I can't say any thing of the Persons.

Q. (to the Prisoners.) Would you ask any Questions of this John Biles ?

Prisoner. My Lord, I would desire to know what Time it was.

Court. He says between Nine and Ten o'Clock.

Prisoner. At that present Time I was in the Tower, my Lord.

Q. (to Biles) Can you remember what Clothes they had on ?

Biles. I can't remember the Clothes, my Lord.

Q. Was it so dark that you could not discern.

Biles. I think they were darkish Clothes, not red, my Lord, to the best of my thinking.

Q. (to Thomas West .) Do you know any thing where with the Prisoners are now charg'd, of the Robbery of John Biles ? Do you know any Circumstance you ought to disclose to the Court on this Occasion?

West. I know nothing, but only that William Bray cam e to deliver himself up to me to be an Evidence against these People.

Q. What are you?

West. I am High Constable of the Parish of St. Martin in the Fields.

Court. He came to deliver himself to you; on what Day or Hour was it?

West. It was on a Monday, I believe the 25th of May .

Q. Had you any Warrant at that Time?

West. My Lord, he had been down to Justice Fraser's first.

Q. Did he give an Account of these Persons to you?

West. He did particularly before the Justice.

Q. Did not the Justice reduce that to Writing?

West . Yes, my Lord .

Court. Then you know nothing in relation to these Prisoners but what Bray told you?

West. Nothing at all, my Lord; last Bray inform'd us of two or three Pistols in a Lane that goes up to Primrose-Hill , that were put under a Hedge, loaded.

[They were produced in Court, there were three in all, but Saunders, an Attorney in the Fleet, has got one of them.]

Q. What are these Pistols?

West . They are Soldiers Muskets; they have filed the Name out.

Court. You can't tell whose Company they belong to, or what Regiment?

West . No.

Q. Did you find them above Ground?

West. They were in a Haversack in a Handkerchief under the Hedge, in a Bush, a Piece of green Grass over them: That Gentleman, Mr. Terry, discharg'd one of them in the Field.

Court. Then this is all that you know?

Court (to Biles ) Look at them, were those the Kind of Instruments that were offer'd at your Head?

Biles. There were three of them; but I can't say these were them ; they seem to be like them; I thought them uncommon Pistols.

Q. (to Joseph Terry .) What do you know in Relation to this Matter?

Terry. I don't know any other, but that this Bray made his Confession before Mr. Nightingale and Stanley.

Court. He made his Confession before the Justice of the Peace, Mr. Fraser, who took it down in Writing.

Terry. Yes, he did all in Writing.

Q. Did he come voluntarily to give that Account, or was he taken up by a Warrant?

Terry. No, he came voluntarily.

Q. Was you present at finding these Pistols, or shorten'd Guns, or whatsoever they are call'd?

Terry. Yes, my Lord; I let one of them off in the Field.

Q. How came you to go into this Field?

Terry. My Lord, William Bray told us where to go to look after these Pieces; we took with us one Mr. Bird on Tuesday Morning to look for these Pieces.

Court. You say you went to look after them by the Direction of William Bray ?

Terry. Yes, my Lord.

Q. Did he, before you went, describe to you the Instruments you should find there?

Terry. My Lord, we could not find them: I said, this Bray, I believe, has told us a Story; let us go to Bridewell and fetch him: We went and got him, and the Governor with him, and he shew'd us the Place where they were hid.

Q. (to John Nightingale .) What do you know of this Matter?

Nightingale. My Lord, I was present when Bray surrender'd himself as an Evidence for the King.

Q. When did he surrender himself?

Nightingale. On Monday the 24th or 25th of May, between Eleven and Twelve.

Q. Was you present at the Time of the Search?

Nightingale. Yes, my Lord, I took them all up out of the Ditch.

Q. Did Bray shew you the Place?

Nightingale. Yes, my Lord.

Q. Had he first directed any body where to go in Search for them?

Nightingale. Yes, my Lord, Mr. West and I.

Q. And was it not in the same Field he directed you?

Nightingale. Yes, my Lord.

Court. Then it was in the same Field that he directed you to, tho' you could not find them?

Nightingale. Yes, my Lord; please you, my Lord, he told me of the Haversack and Handkerchief, and every Thing; he told us they were Pieces made out of Muskets, before ever we saw them .

Q. (to the Prisoners.) Would either of you ask these Witnesses any thing; they have depos'd nothing of you personally, but only of these Pistols?

Prisoners. No, my Lord.

Q. (to William Bray .) Do you know any thing with Relation to this Robbery, of John Biles , in the Parish of Pancras, between Tottenham-Court and Mother Red-Cap's?

Bray. Yes, please you, my Lord.

Q. When was it?

Bray. I can't be particular as to the Day of the Month.

Q. What Time of the Day or the Night was it?

Bray. It might be near Ten o'Clock; it was between Mother Red-Cap's and Tottenham-Court.

Q. Was it in the Road or in the Field?

Bray. It was in the Foot-Path in the Field.

Q. What was done to him?

Bray. Please you, my Lord, we took off of him a Silver Lac'd Hat, and a Pair of Leather Breeches.

Q. Did you take them off?

Bray. To the best of my Knowledge John Short might take them off; I can't be particular.

Q. What else?

Bray. A Pair of Silver Shoe-Buckles.

Q. Did he take them off himself, or did you take the Shoe-Buckles?

Bray. To the best of my Knowledge I stood with a Pistol presented to him, that Short and Thomas might take them.

Court. Short and Thomas; do you mean the Prisoners at the Bar?

Bray. Yes, my Lord.

Court. So they took the Shoe-Buckles out of the Shoes; did they?

Bray. To the best of my Knowledge they did.

Q. In what Manner did you accost him first?

Bray. We three met with him between Mother Red-Cap's and Tottenham-Court, and demanded his Money; he told us he had none; we said, d - n him, we would see: We took from him his Silver Lac'd Hat and a Pair of Silver Shoe-Buckles.

Court. You have told of these Things. Do you remember how the Buckles were taken?

Bray. One he might give out himself, and the other was taken by one of them.

Q. Did you take any Thing else?

Bray. Please you my Lord we took two Pocket Handkerchiefs and a Pair of white Ribb'd Stockings .

Q. What else?

Bray. There might be, to the best of my Knowledge , three or four Neck Stocks, and there was a Letter in his Pocket.

Q. Did you take that Letter?

Bray. Yes, please you my Lord.

Q. Is that Letter any where?

Bray. The Letter was burnt. Please you my Lord, we also took a Cork-screw from him.

Q. But what did you do with him after you had taken these Things from him?

Bray. We desir'd him to go about his Business.

Q. When he was gone how did you dispose of yourselves?

Bray. We stood a little while to see whether or not he might watch us or follow us. Afterwards we went towards Mother Red-Cap's.

Q. Did you go with your Pistols all three

Bray. Yes, my Lord.

Q. What did you do then?

Bray. We come home to London.

Q. Did you bring your Pistols with you?

Bray. Yes, my Lord.

Q. Were they the Pistols produced in Court?

Bray. Yes, my Lord.

Court. These shorten'd Guns are the Instruments you had at the Time you met John Biles .

Bray. Yes, my Lord.

Q. Did you at any Time afterwards go with them and hide these Pistols?

Bray. Not with either of them.

Q. Who hid these Pistols in the Field?

Bray. John Jennings hid the Pistols in the Field.

Court. So then this is all you know in relation to these Prisoners at the Bar as to the Fact of John Biles . What did you do with these Things after you had taken them from him?

Bray. Please you my Lord the Silver Laced Hat and the Breeches were sold to one Mr. - in the Old-Baily.

Q. Who sold them?

Bray. Please you my Lord, these two Men and me; in at the Sign of the George in the Old-Baily: Mr. - look'd on the Hat and Breeches there.

Q. How did you dispose of the Kneebuckles ?

Bray. To the best of my Knowledge they were sold at a Silversmith's .

Q. Do you know where that Silversmith lives's

Bray. I think in King-Street, Westminster.

Court. All the Silver Buckles were sold to that Silversmith, were they?

Bray. No, my Lord; some to one Silversmith and some to another.

Q. What was sold there?

Bray. The Shoebuckles and Kneebuckles .

Q. Who carried these Things to the Silversmith in King-Street? Was you present ?

Bray . I was within 20 or 30 Yards.

Q. Who then carried them?

Bray. To the best of my Knowledge, George, the Prisoner.

Q. Were you all three together?

Bray . We were not all together in the Shop.

Q. But did you all go with a Design to dispose of these Things?

Bray. Yes, my Lord; we were together in King-Street.

Q. What did you do with the Linnen? The Stocks and the Handkerchiefs .

Bray. My Lord I can't be so particular about them .

Q. When you sold these Things what Money had you for them?

Bray. To the best of my Knowledge we had about 12 s. for the Shoebuckles and Kneebucles.

Q. And what might you have from - ?

Bray. Nine or Ten Shillings, to the best of my Knowledge, my Lord.

Q. How was that distributed?

Bray. Equally, betwixt us three, please you my Lord.

Q. Can you tell what you receiv'd for your Share ?

Bray. I can't be so particular; for the Breeches and Hat it might be about 3 s my Lord.

Q. (to the Prisoner) Will you ask any Questions of the Witness?

Prisoner. Please you my Lord I know nothing of the Affair. I don't know what to ask him .

Q. (to Biles) When did you give the first Account of this Fact to any Body?

Biles. It might be the 25th of May; I can't exactly say.

Q. (to Bray) What Dress might you be in when you met Biles?

Bray. My Coat was turn'd, my Lord, to be best of my Knowledge.

Court. Your Coat was turn'd to the best of your Knowledge; People speak to the best of their Knowledge when 'tis doubtful ; you know the Thing perfectly; upon your Oath was your Coat turn'd? was any Body's Coat turn'd? What Clothes had the others that were with you, the two Prisoner?

Bray. Their two Coats were turn'd, to the best of my Knowledge.

Court. Then you don't know whether they were turn'd, or were not?

Bray. Please you my Lord their Coats were turn'd.

Q. Were these the very Cloaths you now wear; were they turn'd, and the Cloaths they have on?

Bray. Yes, please you my Lord.

Q. (to the Prisoners) You hear what this Witness has said; what is it you have to say for yourselves?

Prisoner. My Lord, I never was with him in any Field by Night or by Day; I am innocent of the Thing, I take God to be my Judge.

Court. You know the Time that Biles has sworn to, he says the 25th of April; now have you any Witnesses to prove that you were in any other Place, or was not there?

Prisoner. I had a Witness to prove where I was at that Time.

Q. What is your Witness's Name?

Prisoner. John Brown, of Col. Bagnel 's Company; he promised to be here to Day.

Q. When did you see him last?

Prisoner. I have not seen him since I came out of the Hospital.

Q. Who did you send to him?

Prisoner) A particular Friend, James Carter , he came to me at the Gatehouse.

Q. (to the Keeper of the Gatehouse) Did they tell you they wanted to send for any Witnesses?

Keeper. No, my Lord.

Both Guilty Death .

George Thomas and John Short were a second Time indicted for assaulting Edward Clark in a certain Field on the King's Highway, on the 8th of April , putting him in fear of his Life, and feloniously taking from him a Cloth Coat, a Hat, a Pair of Buckles, and four Pence in Money , the Property of the said Edward Clark .

Q. (to Clark) When was you robb'd?

Clark, The 8th of April, about a Quarter past Nine, as near as I can guess.

Q. Where was the Place ?

Clark. I was robb'd between Buckingham-Gate and Chelsea , the first Chelsea .

Q. How far from Buckingham-Gate might it be?

Clark. Not above 200 Yards from my own House.

Court. Then you live there.

Clark. Yes, five Years, my Lord, at the Sign of the Horse and Groom.

Q. Was it in the Field?

Clark . It was in the Foot-Path, my Lord.

Q. What Number of People came upon you?

Clark . Three, my Lord.

Q. What Stature were they?

Clark. They seem'd to me to be very lusty Men .

Q. What Cloaths had they on?

Clark. They had not Soldiers Cloaths on; they were disguis'd; they were in Colours.

Q. What Colours?

Clark. I took them to be Blue or Green.

Q. Was it dark then?

Clark. It was neither light nor dark.

Q. What did they take from you?

Clark. They took from me a light-colour'd Cloth Frock and my Hat.

Q. Was your Hat any Way remarkable?

Clark. Yes my Lord, wherever the Hat is, it has a Knotch where the Button is: And they took a Pair of Buckles , my Lord, and four Pence in Money.

Q. What were the Buckles made of?

Clark. They were Metal Buckles.

Q. Have you seen any of those Things since?

Clark. No, my Lord. William Bray sent for me to Justice Fraser's and confess'd, that George Thomas , John Short and he had done it.

Court. Then you can't be sure to the Men?

Clark. No, my Lord.

Court. Now let Bray be brought into Court.

Q. (to Bray) Do you know any Thing of the robbing Edward Clark ?

Bray. Yes, my Lord.

Q. What Time might it be?

Bray. I can't tell Particulars; it might be some Time in April.

Q. Was it the Beginning, the latter End, or Middle of April?

Bray. I can't be so particular, please you my Lord.

Q. How long was it after the Robbery of Biles? Might it be a Month, a Fortnight, or three Weeks, or what; can't you remember at what Distance of Time one Robbery was transacted from another?

Bray. It might be a Week or ten Days after that, please you my Lord .

Q. You say you remember this Robbery; what o'Clock was it?

Bray. Please you, my Lord, it might be about Ten o'Clock .

Q. What Time did you go out of London?

Bray. We we went out of London, please you, my Lord, between Eight and Nine .

Q. Who was with you?

Bray. John Short and George Thomas .

Q. Where did you go that Night?

Bray. Into the Five Fields between London and Chelsea .

Q. Who did you meet with there?

Bray . This was the Man, Edward Clark .

Q. What did you take from him?

Bray . We took from him a Hat.

Q. Was there any thing remarkable in the Hat?

Bray. Not that I know of . And a Coat , it was a light-colour'd Coat with broad Buttons, we took them to be Plate .

Q. Was it a Great Coat?

Bray. A close-body'd Coat, my Lord.

Q. Did you take any thing else?

Bray. We took from him a Groat in Half pence, to the best of my Knowledge, and a Pair of Scissars .

Q. What else?

Bray. Nothing else.

Q. Did you take any Metal Buckles?

Bray. Yes, please you, my Lord, I remember them.

Q. Were the Prisoners with you?

Bray. Yes, my Lord.

Q. What, did you rob with these same Pistols? In what Manner did you rob?

Bray. We met him in the Five Fields and demanded his Money; he did not seem to be free, so we haul'd him out of the Road, by a little Gateway, into the Field, and George Thomas hit him over the Head with one of the Pistols, and we took from from him a Hat, Coat, and a Pair of Buckles, a Groat in Half-pence and a Pair of Scissars.

Q. Did you divide these Things; or what did you do with them?

Bray. Please, you, my Lord, the Coat was sold in the Street beyond Thieving-Lane; but I can't nominate the Street.

Q. Was you present when it was sold?

Bray. Yes, my Lord.

Q. What was it sold for?

Bray. For 2 s.

Q. Had you any Part of the Money?

Bray. Yes, my Lord.

Q. Have you any thing farther to say?

Bray. No, my Lord.

Q. (to the Prisoner.) Would you ask the Witness any Questions?

Prisoner. My Lord, I don't know what to ask him; but what he has said is entirely false .

Q. You other Prisoner, have you any thing to say?

Prisoner. He swears quite wrong; I never drank with the Man above once in my Life, and am as innocent as the Child unborn.

Court. (to Edward Clark .) Stand up; you have heard what Bray says : When they met you they demanded your Money, and you was not free to give it .

Clark. As I keep a Publick-House I thought they had play'd the Rogue with me. They presented one Pistol to my Head, another to my Breast, and one of them struck me on the Head: I was two Hours before I came to my Senses ; they beat me both in the Pathway and in the Field, and dragg'd me over a Bank into a Place call'd Avery-Farm Field .

Q. (to William Bray .) Do you belong to the same Company with the Prisoners? What Company are you of ?

Bray. I belong to Col. Boscawen 's Company .

Q. What Company do the Prisoners belong to?

Bray. To the best of my Knowledge they belong to a Grenadiers Company; but I don't know the Lord's Name, though the Gentleman they belong to came to see me while I was in Prison; I can't readily think of his Name.

Q. How did you come by these Pistols?

Bray. It was Thomas Bird and John Short cut them in the Manner they are.

Both Guilty , Death .

268, 269. John Short and Thomas Bird were indicted for assaulting William Petit , on the 5th of March , in a certain Field near the King's Highway, putting him in fear of his Life, and feloniously taking from him a Silver Watch, Value 3 l. 3 s. a Guinea, 2 s. in Silver, and a Clasp-Knife , the Property of the said William Petit .

Q. (to William Petit .) Will you give an Account whether you was robb'd, the Night when, and where?

Petit. It was on the 5th of March, please you my Lord.

Q. Where was it?

Petit. Between Tottenham-Court and Mother Red Cap's .

Q. Do you remember the Day of the Week?

Petit. On Wednesday, my Lord.

Q. What Time of the Day or Night?

Petit. About a Quarter after Eight at Night.

Court. You say it was between Totlenham-Court and Mother Red Cap's; which Way was you going?

Petit. Coming to London.

Court. Describe the Robbery: How many were they that attack'd you?

Petit. Three Men, please you, my Lord.

Q. Was it light or dark?

Petit. Dark, my Lord; I had a Link.

Q. Was any Body with you?

Petit. Yes, there was another Man came out of the Alehouse with me; but I did not know him; I had the Link.

Q. Did you see their Apparel?

Petit. No, my Lord. The first Man that went by me bid me good Night; as soon as ever he was gone by two Men came up to me and clapp'd a Couple of Pistols to my Face and bid me deliver my Money. They took from me a Silver Watch.

Q. Did you see the Faces of any of the three?

Petit . They made me lay my Link down, and clapp'd their Feet upon it directly.

Q. Was that the first Thing?

Petit. Yes, my Lord; then they bid me deliver my Money.

Q. What did they take from you, a Silver Watch?

Petit. Yes, my Lord.

Q. How many were there of the Men that robb'd you?

Petit. Three of them; the first pass'd by me, and turn'd round and took hold of my Arm. They took a Silver Watch from me, a Guinea in Gold, 2 s. in Silver, and a Clasp-Knife.

Q. Did they take the Watch?

Petit. I took the Watch out of my Pocket and clapp'd it into my Breast; but they saw it and said they would have it; and they rifled my Pockets.

Q. After they had robb'd you, what did you do; or what became of them?

Petit. I ask'd for the Stick again; they said, go about your Business, you are well off, you might have fallen into worse Hands.

Q. Was it Star-light? Could you not see whether they were Men or Boys.

Petit. No, my Lord, I could not.

Q. Have you met with your Watch again, or any thing else?

Petit. No, my Lord, nothing but the Clasp-Knife.

Q. (to John Nightingale .) What have you to say concerning this Robbery?

Nightingale. The Evidence, William Bray , came and surrender'd himself to Mr. West and me , being Constables of the Parish, and an Information was taken by Mr. Fraser.

Q. How came you by those Pieces?

Nightingale. By the Direction of William Bray .

Q. In what Field did you find those Pieces?

Nightingale. In a Field between Tottenham-Court and Primrose-Hill; about two little Fields from Primrose-Hill and the like Distance from Tottenham-Court; we went in quest of them by Bray's Direction, but could not find them at first.

Q. When was it?

Nightingale. About the 27th of May; we look'd but could not find them, so we went back to Tothill-Fields Bridewell to get Bray to shew us where the Pieces were, which he did, and we took them out of a Ditch.

Q. In the same Place he describ'd them to be in?

Nightingale. Yes.

Court. You could not find them, you say.

Nightingale. No, my Lord.

Q. How long was it before he went with you?

Nightingale. We went about Five o'Clock in the Morning the first Time, and about One we went again and found them. I have nothing farther to say.

Q. (to Thomas West .) What do you know of this Affair?

West. My Lord, this Bray came and deliver'd himself up to Nightingale and me; we then went to Justice Fraser, who took his Information and granted a Warrant for apprehending these Men; we carry'd Bray to Bridewell, and that Night took one of the Prisoners; the next Morning we took Stephens, Short and Bird, the first in Gardens-Lane and the the two latter in Newtoners-Lane . This Knife Bray gave to me, and said he had robb'd one Mr. Petit of it.

Q. (to Joseph Terry .) Was you with these People when they found the Pistols? Give an Account of what you know of this Matter.

Terry. I keep a Publick-House in King-Street; Westminster ; this Bray came first to me and surrender'd himself a Prisoner; I took him before Justice Fraser the 27th of May, on a Monday Morning.

Q. How came he to surrender to you?

Terry. He said he had committed a great many Robberies.

Q. What said he to you?

Terry. He cry'd, and said he had been guilty of a great many Robberies. I said to him, the best Thing you can do is to make a Confession; accordingly he impeach'd these Men before the Justice of Peace .

Q. Was you concern'd in going to seek for any Arms?

Terry. They went in the Morning and could not find the Arms, and in the Afternoon call'd upon me to go with them to Bray, in order to take him with us to find the Pistols.

Q. (to William Bray ) Will you give an Account of the Time when Petit was robb'd?

Bray. Yes, my Lord; it might be about Eight o'Clock.

Q. What Month was it in?

Bray. In March, as near as I can guess, the 5th, my Lord.

Q. Who was with you?

Bray. Thomas Bird and John Short ; those two Men at the Bar.

Q. Was there no body else?

Bray. No, my Lord; there were only three of us.

Court. Give an Account where it was.

Bray. It was between Mother Red-cap's and Tottenham-Court we met Mr. Petit and another.

Q. Did you know him?

Bray. I knew him when I saw him. I told him he was robb'd in such a Place, of such and such Things.

Q. Did you know him before?

Bray. No, my Lord. I met Mr. Petit, and another was lighting him with a Link.

Q. Which Way were they going?

Bray. They were coming towards Tottenham-Court .

Q. Which Way were you going?

Bray. We were going the contrary Way. Please you, my Lord, Short went forward to give an Account how many there might be in Company, and whether he lik'd them.

Q. How far might he go first?

Bray. It might be thirty or forty Yards: If he lik'd them he was to give an Hem. Then when I came up to the Man that had the Link in his Hand, I bid him to put it out: when I demanded him to put out his Light John Short came back again, and might tread upon it, to the best of my Knowledge. I goes then up to Mr. Petit, and demanded his Money.

Court. Then you went up to Petit?

Bray. Yes, my Lord, and I demanded his Money. When I demanded his Money he had pull'd his Silver Watch out of his Pocket, and had got it about Breast high, and was going to put it into his Bosom; I told him, D - n you, that is mine; so I snatch'd the Watch out of his Hand, and Thomas Bird and John Short put their Hands into his Pocket together, and took out a Guinea in Gold, two Shillings in Silver, and a clasp'd Knife, please you, my Lord .

Q. How do you know they took these Things?

Bray. Please you, my Lord, I saw the Money; saw them take it out of his Pocket, and saw it when I came to Town; and the Knife that was taken I deliver'd it to the Constable. [The Knife was produced in Court.]

Q. How did you come by that Knife?

Bray. Please you, my Lord, one of those two Prisoners gave it me.

Q. (to - Petit) Is that your Knife?

Petit Yes, my Lord, 'tis my Knife.

Q. (to Bray) Have you any thing farther to say?

Bray. No, please you, my Lord.

Q. Had you ever robb'd before with Bird?

Bray. Please you, my Lord, Bird was the first Man that put the Question to me.

Court. What Question?

Bray. He ask me if I would go out; he said it was fit for Boys to starve, and not Men.

Q. (to the Prisoner) Would either of you ask the Witness any Questions?

Bird. My Lord, what would you have me ask a Stranger? I don't know the Man.

Court. Bird, What have you to say for yourself he charges you with a direct Robbery.

Q. (to Bray) What did you do with the Watch?

Bray. Please you, my Lord, it was sold to Mr. - for 30 s.

Q. (to Petit) If I understand you right, you had the Link, and this other Man, as I took it, you met by Accident: Be serious, and tell us how the Fact was: Had you the Link before you met that Person?

Petit. We came out together; the other carried the Link.

Court. That you stand to, and you follow'd him.

Q. (to Bird) What do you call this Witness to is it to your Character, or what?

Bird. To what he has sworn against me.

Q. (to Conningham) What have you to say on the Behalf of Bird the Prisoner?

Conningham. On the 15th of March I had the Care of the Company left to me; and he was very ill at that Time, so bad a-bed that he could not come for his Pay; he was ill the 15th and sometime before.

Q. Do you know it of your own Knowledge ?

Conningham. I know he was so bad that he was not able to get out of his Bed; my Lord, he was all over with Blotches, and so sure he could not get up: He was at the Corner of Newtoner's-Lane , at a Chandler's Shop.

Q. (to Frances Wood ) Where came you from?

Wood. Sir, I am a poor Woman, that have liv'd many Years where I do now.

Q. Where is that?

Wood. Where the Prisoner liv'd.

Q. Where is that?

Wood. The Corner of Newtoner's-Lane, in Newtoner's-Street , you may properly call it.

Q. What have you to say for him?

Wood. Please you, my Lord, I am a poor Woman, that goes out a Washing and Scowering; we were so intimate we went in and out.

Q. What, you mean Bird?

Wood. Yes, my Lord; he came there the latter End of January, and he was took ill about the Middle of February.

Q. Did you live in the same House?

Wood. In the same House, the next Room; that he could not speak but I must hear him; and every Time I have come home from Work I us'd to call. He had Sores upon him, that 'tis a Shame to express it to your Lordship, that he could not stand or lie he was so bad; and I believe, my Lord, I am upon my Oath, he was not down Stairs for two or three Weeks; he might have been when I went out.

Court. So he was very bad, full of Blotches, you say.

Wood. He was indeed in such a Condition that it was a Shame to express.

Court. But he might have been out, as far as you know, you say.

Q. (to William Pearson ) What have you to say?

Pearson. Mr. Bird and his Wife came to my House to take a Room about the latter End of January.

Q. Where do you live.

Pearson. The Bottom of Newtoner's-Street, in Newtoner's-Lane , the Corner-House.

Q. How long did he stay at your House?

Pearson. 'Till he was taken up I never saw any Hurt of him, nor never saw him before he came to take the Room. I saw William Bray come to my House to a young Woman several Times, 'till he married her.

Court. So William Bray came to your House?

Pearson. Yes, to a young Woman that was in House .

Court. So you did not see him come to any Body else ?

Pearson. No, my Lord, never in my Life.

Q. Pray, what Business was this Bird?

Pearson. When he was in Health he us'd to carry a Chair.

Q. Did he work at this Time?

Pearson. Not all the Time, because he was sick .

Q. How long was he sick?

Pearson. I can't tell, my Lord, I have other Business to mind of my own.

Q. (to Robert Maschill ) What have you to say?

Maschill. I have nothing to say but as to his Character. I belong to the same Company with him, and have known him four Years, and he always behav'd very well; he was of Colonel York 's Company, the Second Regiment of Guards.

Q. Did he use to attend his Company?

Maschill. He came to all Duties. As to the latter Part, since he came out of the North, I can't tell. I know he was sick some Time, but I did not attend him.

John Short , and Thomas Bird , both Guilty .

Death .

270. John Smith , of the Parish of St. Anne's , was indicted, for that he, on the 14th of June last, did feloniously take and carry away one Promissory Note, No. 384, subscrib'd with the Name of Ralph Morrison , Value 20 l. the Property of William Twiss .

Council. Please your Lordship, and Gentlemen of the Jury, I am Council on the Side of the Prosecutor; the Prisoner stands indicted for feloniously taking and carrying away a Promissory Note, No. 384, payable to Mr. Thomas Floyd , the Property of William Twiss . My Lord, the Case is, in short, this: Upon the 14th of June last, one Mr. Griffith sent a Bank Note to Mr. Twiss, to be exchang'd for Silver; Mr. Smith, the Defendant, receiv'd it; I believe every Body knows there has been a considerable Loss of Bank Notes; Mrs. Twiss being afraid she should be impos'd upon, compar'd it with the Notes in the Advertisement, and therefore was willing to change it. The Prisoner was sitting in a little Room of the Publick House, and desir'd Mrs. Twiss to let him have a Look at it, which she did, and he return'd it again. As she was going away with it, he (the Prisoner) desir'd she would favour him with another Sight of it; being in a Hurry Mrs. Twiss leaves the Note in the Prisoner's Hands. The Prisoner had with him a little Girl, about eight or nine Years of Age; and while Mrs. Twiss was counting up the Change, he took the Opportunity to go away with the Note, Mrs. Twiss's Back being towards him; but missing the Prisoner, she told her Husband of it, upon which this Man was immediately pursu'd; they follow'd him to his Lodgings, at one Mrs. Jones's ; when they came there he was at the Vault; for some Time he offer'd to go before a Justice of Peace, or deposit the Value in Mrs Twiss's Hand: There was one there passes for his Wife; she desir'd there might be no Noise about the Note, for it should be produced: She said, Nay, it may be among the Child's Playthings, for she is exceeding fond of Paper. There was one Mr. Clark and Laurence call'd to their Assistance, as a sort of Guard; yet he run out of the House, and went into Hare-Street, Piccadilly; there he stay'd for some Time: From thence he made his Escape, got out at the Back-Door, into a Gentleman's Airy, where he was taken and carry'd to the Watch-house. The Bank Note was not found upon him, nor had he any Money about him at that Time. The next Night Mrs. Jones, his Landlady gave the Note to Mr. Twiss.

My Lord, and Gentlemen of the Jury, I have open'd the Case, and will call my Witnesses in order to prove it. I shall not attempt to do any thing by way of Exaggeration against the Prisoner; but if we prove him guilty we hope you will find him so.

Council for the Prisoner. May it please your Lordship, and Gentlemen of the Jury, I submit it whether, according to his own Opening, 'tis not a Breach of Trust.

Q. (to Mrs. Twiss) Where do you live?

Twiss. At the Horse and Dolphin by St. Anne's, Soho.

Q. Have you ever seen the Prisoner at the Bar before?

Twiss . I never did, 'till the Time he took the Bank Note.

Q. When was it?

Twiss. Upon a Saturday, the 14th Day of June; I had an Acquaintance along with me in my Bar-Room. This Prisoner came into the House, introduced himself into the Bar-Room, and was very free with my Acquaintance, Mrs. Catherine Wood . I was backward when the Prisoner came into the House. There was a little Girl he brought along with him; Mrs. Wood said, Do you know this Man? I said I knew the Girl; she came three or four Times a Day to the House; she lodg'd at a Neighbour's. And as he sat there, by and by, Mr. Griffith, a Master Taylor in Gerrard Street, sent a Bank Note (by Giles Webb , his Apprentice) and desir'd I would give him Change for it to pay his Men. The Advertiser lay upon the Table in the little Room; I stepp'd into the little Room, and said, I will look if this Note is not one of those advertis'd. When I had look'd at it, the Prisoner said, Pray let me compare the Note and the Paper together; which I did, my Lord, and stood by to receive it back again: He return'd it to me again, and in a Moment after he had done it, he said, Pray indulge me a second Time, and let me compare the the Names. The Boy stood by me, my Lord, that wanted the Change, and said, My Master is in Haste for Change; so I went to the Box, directly facing the Room; the Boy sat facing the Door, and I had my Back to it: The Gentlewoman that was in the Room came out, and, as she past, clapp'd me on the Shoulder, and said, Take Care of your Note. My Husband was then come into the Room, and was backwards and forwards, and ask'd me how much Change Mr. Griffith wanted; I said, Twenty Pounds; he said, I know that, but did he want Gold or Silver; but the Boy that I gave the Change to saw the Man go out. When I had done I went to the Bar, and said to my Husband, Have you got the Note? he said, No; then said I, Run after the Man that lodges at Jones's, for he has got it.

Q. And how long was this after you gave him the Note the second Time ?

Twiss. When I had given him the Change, which was only nine Pounds in Silver, and the rest in Gold, and when I went to the Bar it was gone; it might be three or four Minutes.

Q. Do you know any Thing further?

Twiss. No more than that I went to his Lodgings, to Mrs. Jones; when we came, they said he was at the Vault ; he went through the Passage into the Vault; so I said to my Husband, Pray fetch him out, he will make away with the Note: When he came out he said, What is it you want? I said, I come for the Note; he said he had return'd it; I said, that he did the first Time, but not the second. The Woman said she would examine the Girl, for she was exceeding fond of Papers; she said, may be she had it among her Playthings.

Q. Who was this Woman?

Twiss. The Woman he lives with, one Mrs. Chaff, sometimes goes for his Wife; they began to quarrel before us; he said, this is what you have brought me to, &c. for she said, if it was not found she would answer for it. He said we had no proper Officers, and could not detain him; then . Thomas Laurence desir'd us to send for somebody else, which we did, we sent for Mr. Clark; when he came he call'd for a Light, but we could have none, and the Prisoner made his Escape into Jones's Shop, and hid himself there ; but Laurence and Clark serch'd him out : Then, Sir, immediately after that he burst open the Door, and got out into the Street .

Q. (to Catherine Wood ) Do you remember being at Mr. Twiss's ?

Wood. Yes, it was the 14th of June, being Saturday .

Q. Did you see the Prisoner come into the House?

Wood. I was in the Room when the Prisoner came in and sat down, and I thought I had as much Right to sit there as he, and I kept my Place. I was there when this Note came to be exchang'd. Mrs. Twiss took up the Paper and brought the Note in her Hand; the Prisoner desir'd to see the Note, and she gave it him into his Hand, and he gave it her again: As she turn'd her Back he desir'd he might be indulg'd with the Sight of it once more; which she did, and gave it him again.

Q. Did he return it again?

Wood. He did not. I got up and went away; as I went into the publick Room I desir'd Mrs. Twiss to take care of her Note.

Q. Pray, how came you to bid her take care of her Note?

Wood. I can't say I lik'd the Person.

Q. So he was perusing the Note when you went away?

Wood. Yes, My Lo rd.

Q. Did you know the Prisoner at the Bar before?

Wood. No.

Council. Then you had no Reason to have a Suspicion of him?

Wood. When he receiv'd it the second Time he held it up to the Window, and said it was possible to cancel it; that he thought it possible to put out Thomas Floyd , and put in Edward, which was advertis'd.

Richard Hall. On Saturday the 14th of June I call'd to see Mrs. Twiss, being old Acquaintance. I went into the Publick Room; she said there was an Acquaintance of mine, Mrs. Wood; she shew'd me into the little Room behind the Bar. While I was there, there came a Bank Note to be exchang'd. There lay the News Paper on the Table before the Prisoner.

Q. Did any of you know him?

Hall. I never saw him in my Life before. When the Note came, said Mrs. Twiss, I will look and see if 'tis one of those that are advertis'd. The Prisoner being very officious, he was desirous to see it: The Person for the Change being in Ha, she desir'd it of him again; he return'd it, but he desir'd just to be indulged with another Look again . He held the News Paper in one Hand, and the Note in the other; I can't say how long at that Time . Mrs. Wood went away, but I remain'd in the Room . I was the last, I did not see him deliver the Note again to Mrs. Twiss.

Q. Where was Mrs. Twiss ?

Hall. Mrs. Twiss was in the Publick Room giving the Change .

Q. Then there was No-body in the Bar-Room but you and the Prisoner?

Hall. No; there was a little Child came in and out.

Q. What happen'd after that Time? Was he perusing it ?

Hall. The Prisoner soon went away: I was the last in the Room, and he must take it away, for there was nothing left in the Room.

Q. How long might be the Time that you was in the Room after he went off.

Hall. I went away directly after him.

Q. Where was Mrs. Twiss?

Hall. Mrs. Twiss was in the publick Drinking Room, and had not finish'd giving the Change.

Q. Did you follow him?

Hall. I stay'd in the Room; it might be two Minutes after him.

Q. Do you know whether the Child was in the Room when he was comparing this Note? Was she there the second Time? Do you know, in the first Place, whether the Child was, or was not, in the Room?

Hall. I can't be positive of that.

Court. But the last Time you saw the Note it was in his Hand?

Hall. In his Hand, my Lord, and it might be two or three Minutes, or thereabouts, before he went away.

Q. (to Giles Webb ) Do you remember carrying any Bank Note to Mrs. Twiss?

Webb. On Saturday Night, the 14th of June, I carried a Bank Note to Mrs. Twiss, to give me Change: She was in the Bar Room, and the Prisoner at the same Time; she took the News Paper, and look'd at it. I turn'd into the common Room, and left her and the Prisoner there: A little after I came to her again, and told her I was in Haste, and she left the Prisoner in the Room and Bank Note, and came to a little Box in the Bar-Room to give me Change; the mean while I saw the Prisoner go out.

Q. Had he the Child with him when he came out?

Webb. I did not see the Child go out with him: The Child did come to Mrs. Twiss while she was telling the Money, so we desir'd her to go away because we could not tell the Money; she was fingering of it .

Q. (to John Clark ) Will you give my Lord and the Jury an Account of what you know of it?

Clark. On Saturday the 14th of June I was sent for by Mr. Twiss in a great Hurry, for what, I did not know 'till I came into the House; said he, I beg you will go to Mrs. Jones's, and assist my Wife in taking a Man that has robb'd me of a Bank Note. When I went to Jones's, they were all in Darkness; I asked for a Light, but it was refus'd me by the Landlady Mrs. Jones; she refus'd me several Times. There was a Woman that has gone for the Prisoner's Wife; she came, and, in a soothing Way, said, Mr. Clark, I beg to speak to you: I said, Madam, I doubt there is no Good if you are concern'd in it; she desir'd me to be quiet; she said, if the Note was lost, she would lay down an equal Sum 'till it was found.

Q. Was that in the Presence of the Prisoner?

Clark. The Prisoner was in the Room, but I had not seen him; by and by he made his Escape backward. I had some Suspicion when I heard she was concern'd in it, that it was him; so he made his Escape into the Work Shop, which was very dark. I went into the Work Shop, and grovel'd about for him; I believe I was in the Shop the best Part of ten Minutes: At last I found something stir'd, for he had Opportunity of seeing me; he rises up, and I pinion'd him after this Manner, and carried him so into the House; he said I had no Authority to detain him, and used me with a great deal of Insolence. I was conscious I was got into very bad Hands; I sent for Mr. Twiss, but he did not come so readily as I could wish. Then he made a Push into the Street, and swore he would do us a Mischief, me in particular, if I dar'd to presume to follow him. When we came to the first Corner, he made a Push to get away; we followed him into Hare-Street, Piccadilly, there he went into the House of one Miller; I left Laurence to watch him; there he was a considerable while. Mr. Twiss went to St. Anne's Watch-house, and I went to St. James's Watch-house; these are the People here that took him.

Thomas Laurence . On Saturday the 14th of June last, when I came to Mr. Twiss's Door, he told me he had lost a Bank Note; I went to the House, the Gentlewoman that past for the Prisoner's Wife, she pretended the little Girl had got the Note, that she was very forward for Paper, Pictures, &c. and in speaking of it, she pretended the Child knew that she had lost the Note .

Q. Did you take him?

Laurence. Yes, my Lord ; he got over two Walls from Mr. Miller's House; he got into one Mr. Dowdel's Airy, and we took him there, and had him to the Round-house.

John Fenton . When we came to Mr. Miller's Door in Hare-Street, the Woman of the House said he was gone backward ; so we took him in Mr. Dowdel's Airy .

Dowdel . I was in Bed, my Lord, about Twelve o'Clock, and my Servant up two Pairs of Stairs heard a Man in my Garden, that there was a strange Man had made his Escape to the back Part of my House . I got up as soon as I could put on my Night-Gown , and that Gentleman (Mr. Fenton) and Mr. Laurence had got Hold of him in my Area. I went to the Watch-house with him, and I appear'd before Sir Thomas to support the Charge. Mrs. Twiss made Use of my Name coming to her Husband, in Relation to this Bank Note. This Woman they call Mrs. Chass , came to my House the next Day, to let me know that she believed the Note was found; upon which I said I am glad of it, that they might not lose their Money. Upon her assuring me this, I went to Mrs. Twiss, and enquired for her Husband; she told me her Husband was at Westminster; I told her I desired that he would not advertise the Bank Note, but come to me the next Day. The next Day Mrs. Jones came to me, and said she had the Note, and said also she was frightened out of her Wits about it, and she wanted to part with it; well, said I, you must carry it to the Person that owns it.

Q. (to Mrs. Twiss) Who advertised the Note?

Twiss. My Husband advertised it, and I am sure, my Lord, this is the Note.

Q. Well, Madam, will you give an Account how you came by the Note again?

Twiss. Mr. Dowdell inform'd me that Mrs. Jones had the Note, and I might have it; so I went to Col. De Veil to know whether I should take the Note again; he was for my taking of it, but to take somebody with me to attest it; so I had the Note of Mrs. Jones.

Q. What did she say to you?

Twiss. She did not say hardly any Thing to me when she gave it.

Q. (to Ralph Morrison ) Look at the Bank Note, and tell us who 'tis sign'd by.

Morrison. I am a Cashire of the Bank, and it is of my signing, Sir.

Council for the Prisoner. I must beg Leave to offer, whether this Thing don't appear plainly to be a Breach of Trust?

Q. (to the Prisoner) What have you to say by Way of Defence?

Prisoner. My Lord, I must beg I have of the Court to Lodgings a few Questions .

Court. You must tell us how you came by the Note .

Prisoner. I went in with a Child, my Lord, into this House; she says in the Room she was in, she has only select Company: I was never in the House before; the Door was open, it seem'd to me to be an open Publick Room. My Lord Scarborough's Servant was there, and talking something of the late Lord Scarborough, and indifferent Matters, this Mrs. Twiss comes out of the Bar; there was a Step or two to come down to this Place: She brings a Bank Note in her Hand, and said I am going to change it; she wanted to know if it was Loyd, or Floyd, in the Advertisement, but it was not the same Christian Name . Then said she 'tis a good Note; I thought my Lord she meant whether it was a real Bank Note. Pray indulge me with it, I said; then I told her she was very safe in changing of it: I return'd it again, my Lord, and I knew no more of it afterwards; she says she took up the Advertiser. When I had the Advertisement in my Hand, and a little Child playing at my Knee, she comes to me to know whether that Note was advertis'd; she mentions that it was but two Minutes that I staid after she left me and went to change the Notes; pray ask her how many Minutes she was upon her Examination; that's nearer than 14 Days ago; she does not know what a Minute is: I was there three Quarters of an Hour after. Did I not speak to my Lord Scarborough's Servant, if he came there again of an Evening, I would drink with him? I treated him, did not let him pay any Thing, and that pretty Lady too I treated. Now, my Lord, if I was not last in the Room, which I take to be the Publick Tap, if I was not the last in the Room, he must be the last; then I could not have spoke to him upon the Bench going out. Give me Leave to trouble you with the next. The first Evidence, Mrs. Twiss, speaks of the Gentlewoman where I lodge, whereas she knows no more where I lodge than your Lordship; where she says I lodge, I have the Woman here present to know, whether I ever lay in the House where this unhappy Accident happen'd. Now, my Lord, she swears so absolutely that I took it away, but it was before Sir Thomas, who has a very beautiful Way of Empire in his own Territories. Did she not send to the Taylor, the Owner and Proprietor of this Note, to know whether the Boy had taken this Note along with him and the Money; that I hope your Lordship will ask. Now as to this wooden this Mrs. W my Lord. I made an As with that she to with the following Week: See whether she will deny that; I hope she is not up to de this honourable Court; I have they are own Cloaths. My Lord, she had an ill Opinion of me; how can so fine a Lady have an ill Opinion of that charming fine Fellow, told me I was at that Time .

This Bar, my Lord, is like the Pulpir of a Church adjoining to the Wall; how then could I go behind the Room? 'Tis a publick Room, my Lord.

Mrs. Wood likewise says, my Lord, that Mrs. Twiss came in and took up the Advertiser, when I had it in my Hand all the Time.

Now, my Lord, here is a Boy that says he saw me: I was remote from his immediate seeing of me, because there was a Partition to prevent it, and I sat with my Elbow on the Table, with the Advertiser in my Hand: That Boy pretends he saw me; I believe he never saw me, for he had been gone Three Quarters of an Hour before I left the Place.

Here is another Man, one Clark; he says, when he came to this Mrs. Jones's House, it was very dark; when it was not; but it was too dark for me, my Lord.

Q. (to Mrs. Twiss.) Is this the Room that you let particular Company into?

Twiss. Yes, particular Acquaintance; the Girl being with him was the Reason of his being admitted.

Q. (to Margaret Jones .) Does the Prisoner lodge with you?

Jones. No, nor never did .

Q. Does he not lodge in your House? Does he not frequent your House?

Jones. Yes, but his general Return is about Ten o'Clock at Night .

Q. Are you the Person that the Bank Note was deliver'd to?

Jones. I was the Person that help'd to search their Appartment for it; I took the Box where the Note was, from the Prisoner's Child.

Q. You made a Search for it; where did you find it?

Jones. I took it out of the Prisoner's Daughter's Hand .

Q. When was it the Child gave you the Note?

Q. Was this Note in a Box?

Jones. I saw it stamp'd with the Bank Mark .

Q. Where was this Box?

Jones. I had the Box out of the Child's Hand: Before this, we had threaten'd to take her before Justice De Veil.

Q. Who us'd this Back Parlour ?

Jones. On Mrs. Chaff; I left it to her .

Court. And in that Appartment the Box was: What Size Box was it?

Jones. A little Snuff-Box.

[ The Box was produced in Court.]

Q. Did she tell you when this was? When was this?

Jones. The Monday following.

Q. Did you ever see the Child with this Box before?

Jones. Not before the Note was lost.

Court. You say you saw the Box that the Child had, with the Note in it.

Jones. Yes.

Q. How could you discern it was a Bank Note in this little Box?

Jones. I knew it by the Fineness of the Paper.

Q. Did the Child sold it up, and lay it in the Box so smooth?

Jones. I can't tell .

Q. Who did you deliver the Note to?

Jones. Sir, I went to ask Advice, then deliver'd it to Mr. Twiss .

Q. Who was in the Room with the Child when you took the Bank Note?

Jones. There was Mrs. Chaff , another Gentlewoman, and the Child.

Council for the Prosecutor. Mrs. Jones, pray explain an Expression you had of Searching their Appartments: Did you examine the Child before the Prisoner was accused of the Note?

Jones. When the Child was with some other Children she was crying for a Note that she had lost .

Council. Then all the Time the Confusion was, the Child was looking for a Bank Note of 20 l. Did you not hear the Prisoner charg'd with it? Did he think the Child had got it? Did you hear the Child was suspected? Was the Child examin'd then? I think the Box this Note was in, was smaller than what is produced. Pray how did the Note lay in the Box?

Jones. It was folded up in the Box.

Council. As soon as you saw it folded up, you knew it was a Bank Note : Pray how came you to take Notice of a Bit of Paper in a Box first?

Jones. There was good Reason when the Note was search'd for .

Q. (to Anne Pagget .) Was you present when this Note was found?

Pagget . The Child said she threw it behind the Red, in a little black Box; the last Witness went and search'd behind the Red, with Mrs. Smith, and they found it behind the Red, that is all that I know of it .

Q. (to Mary Philpot .) What is the Prisoner's general Character?

Philpot. He has lodg'd with me; he never was out of his Lodging after Ten o'Clock; his Character is very good, I never heard any ill of him.

Q. How does he get his Livelyhood?

Philpot . He told me he was come to Town for his Preferment .

Prisoner. I have no less than the Promise of Mr. Jefferys, one of the Secretaries of the Treasury, for a Place in the Stamp-Office.

Q. (to Philpot.) Has he now any Business?

Philpot. My Lord, he is waiting for a Place.

Q. (to Joseph Spendelow .) How long have you known the Prisoner , and what is his general Character ?

Spendelow . I never enquir'd that, my Lord; he employ'd me, and always paid me honestly.

Q. (to George Wrench .) How long have you known the Prisoner?

Wrench. I have known him these three Years, and I never heard any thing bad of him.

Q. (to - Powell.) How long have you known the Prisoner?

Powell. Three or four Years; I was once employ'd by him as an Attorney, and he paid me, &c.

Prisoner. My Lord, as to finding the Note, I hope you will indulge me: This Child, and another, were in the Coach-Yard. At the Time of my Accusation, my little Child was searching about the Dunghill, and looking for the Bank Note she had lost with a Picture upon it.

Council for the Prisoner. My Lord and Gentlemen of the Jury; I would submit it, whether a Person without any Colour of Frand or Pretence, but with the Will of the Party, can be said to have stolen the Note, or have taken it by Robbery; wherever a Person has once a legal Possession, it could not be consider'd as a Felony, as in the Case of Watte .

It was answer'd, the Waite's Case was different from this; that was the Case of East-India Bonds , and he was entrusted by the Company; he had the Custody of the Bonds, and upon the Evidence it did appear, that he embezzled these Bonds in his Custody; and the Opinion of the Court in that Case was, that it was a Felony; and there is a Law made since that to make it a Felony.

Guilty .

[Transportation. See summary.]

271. John Crips was indicted for stealing 20 Lambs , the Property of Mary Dell , Widow , William Dell and John Dell , from their Grounds at Welpley-Hill, in the County of Bucks , the 12th of June .

Q. (to William Dell .) What is it you know of this Matter?

Dell. I lost 20 Lambs, Sir, the 12th Day of June last.

Q. Where were they?

Dell. They were at Welpley-Hill , in the Parish of Chesham, in Bucks .

Q. What, you live there, do you?

Dell. Yes, Sir.

Q. Whose Lambs were they?

Dell. Mine and my Brothers.

Q. Which of those Lambs belong to you; how many belong'd to you?

Dell. About five of them belong'd to me, more or less.

Court. All 20 belong'd to your Brother and you; pray which of them were the Widow's?

Dell. She is my Mother, and we go on together.

Court. Now give an Account in relation to these Lambs.

Dell. We lost them out of the Grounds the 12th of June last; I came up to Smithfield at Ten the next Morning, thinking they might be brought there; but I found them on the Road in Henden Parish, about the Five-Mile Stone.

Q. Was the Prisoner with them?

Dell. No, Sir.

Q. How do you know the Prisoner was concern'd in taking them?

Dell. I don't know any otherwise than I have been told.

Q. (to John Bowden .) What is it you say to this Affair?

Bowden. My Lord, as my Man was on the Road with a Drove of my Lambs, I overtook him and the Prisoner at the Bar.

Q. Had the Prisoner any Lambs?

Bowden . No, my Lord, none that I saw; he had a Scythe upon his Shoulder and a Bundle in his Hand.

Q. Where was it that you overtook this Man and the Prisoner?

Bowden. Just beyond the Seventeen-Mile Stone at Watford .

Q. What Day was this ?

Bowden. On a Wednesday, the 11th of June .

Q. What more ha ve you to say ?

Bowden. When I came up, my Man said, now you may talk with my Master about your Lambs yourself; so Crips, pull'd off his Hat to me, and said, How do you do Master Bowden? I said , I do not know you; said he, I understand you sell Lambs at London; I wish I had known it, I would have brought a Lot of Lambs for you to have sold for me. He told me he liv'd at Aston-Cliston ; I said that was a pretty Way; but he said my Lambs are not kept at Aston-Clifton, they are at Chosberg ; that Keeping was short and the Butcher could take but few at a Time, and he wanted to sell them all together. He said, I have a good Mind to leave my Scythe and Bundle at your House; I am a pretty good Walker, and if I can get away at Two or Three o'Clock I can bring them; and away he went, so I never saw any more of him. I went to Hempstead Market on Thursday. I ask'd my Wife whether she had seen the Man with the Lambs; I said, I wish it is not a bad Thing. On Friday Morning I was at Smithfield; about Ten o'Clock Mr. Dell came to me; he said to me, don't your Man Peter drive for you now? I said yes; he ask'd if any Body else drove Lambs for me; I said, there is a Man come through Edgworth Turnpike, and had no Money; but said he was bringing twenty Lambs to sell at Smithfield Market for me. I said to Mr. Dell, be so good as to go into the Alehouse and I'll take Care of him; but he never brought the Lambs at all: I said, we will go back to see if we can't find these Lambs. We came to - Bridge; the Man said he saw a Fellow pelting them along with Stones, about Six o'Clock, very dirty and much tir'd. I told Mr. Dell we would ride up towards Hendon, where we heard nothing of them; but found them at last in the Road in Hendon Parish: When me met with them no Body was with them; but discovering they were his Lambs we drove them home.

Q. (to Richard Sparks .) What is it that you know of this Affair?

Sparks. I was Collector at Edgworth Turnpike Gate; the 13th Day of the Month a Man came with a Score of Lambs to the Gate, and I demanded the Toll; but he said he had no Money; I told him that was no Excuse, and ask'd him who the Lambs belong'd to; he said Mr. Bowden, and he would pay me; I said it was very well.

Q. What were the Marks of those Lambs?

Sparks. They were so dirty I could not see: I charg'd Mr. Bowden a Groat for them .

Q. Are you sure the Prisoner drove them?

Sparks. Yes, I can swear the Prisoner drove them through the Gate .

Q. Did you see the Lambs at Mr. Dell's?

Sparks. I saw them the next Day, and believe they were the very same; they were the same that Mr. Dell drove through the next Day .

Q. (to William Durrant .) What do you know of this Affair?

Durrant. Please you, my Lord, I was the Man that took him.

Q. When did you take him ?

Durrant. Last Monday se'nnight , the 23d of June.

Q. Where did you take him?

Durrant. At Stanmore, Sir.

Q. (to the Prisoner.) What have you to say for yourself?

Prisoner. Please you, my Lord, I overtook Dell and Bowden upon the Road; they desir'd me to drive the Lambs along and never overtook me.

Q. Have you any Witnesses to call;

Prisoner. No, my Lord.

Guilty Death .

272, 273. Martin M'Lone and William Bruce were indicted for assaulting Thomas Smith on the Highway, and taking from him a Peruke, a Silk Handkerchief and 8 s. 10 d. in Money .

Q. (to Thomas Smith .) What are you?

Smith. I am a Post-Boy at the Green-Man at Barnet . On the 23th of May, in Whitson Week, as I was coming from St. Albans to Barnet , between the 12 and 13 Mile Stone, in my Way down the Hill, several Men were walking in the Road before, I took them for Travellers; when I overtook them one came on one Side of the Chaise, two on the other, and two before the Horses Heads. The Prisoner at the Bar was in a blue Coat with white Buttons and Button-Holes, and had Freckles in his Face. Bruce came to me and said, d - n you don't look at me, let me have your Money; I said, Gentlemen I will, don't use me ill, I am but a poor Post-Boy. They haul'd me out of the Chaise, and seeing the Irish Mail, said they would not meddle with that; but they took my Wig and Handkerchief.

Q. What else?

Smith. They rifled my Pockets, and said, let us take his Breeches.

Q. What did they do then?

Smith . They took 8 s. 10 d. from me. I saw a Gentleman coming towards Barnet, and immediately three or four of them went off to meet him, and several Blows pass'd. They all ran off from me but one of them.

Q. How far was the Gentleman from you?

Smith. About twenty Yards.

Q. Did you know the Gentleman?

Smith . Yes, he keeps the Cock Inn at Oney, his Name is Knight . While they had him down one of them came to me and said, G - d d - n you go along; another damn'd me and said I should not go: So I said, Gentlemen, you need not be afraid of me, I won't betray you; with that they said, go along, my Lad, as fast as you can; so I drove up the Hill as hard as ever I could.

Q. Where was the Gentleman all this while?

Smith. Upon his Back, they knock'd him down. When I came to the Top of the Hill I met a Waggon, or Cart, and said, Master, for God's sake don't go down, there are Thieves at the Bottom of the Hill, you will certainly be robb'd. When I came to the Crown I saw a Light; I jump'd out of my Chaise and went into the House. They ask'd who was there. I said, Gentlemen, pray go down, I believe there is a Gentleman murder'd at the Bottom of the Hill.

Q. Where was this?

Smith. At the Crown at Kicks-End ; one John Nickerson and two Soldiers were there; I believe they all went; I did not stay to go with them, but made the best of my way home.

Q. (to the Prisoner.) Will you ask this Boy any Questions?

Prisoner. Please you, my Lord, I have no Questions to ask him?

Q. (to John Toby Reynolds .) What do you know of this Affair?

Reynolds. My Lord, I know nothing of the Felony, only some Circumstances while the Men were in Custody. I live at Barnet.

Q. Where did you find them?

Reynolds. My Lord, they were in the Cage, these two and four more. They seem'd to be Irishmen. My Lord, we examin'd their Pockets, and found several Letters directed to Persons in London, recommending them to Business, and a Horn which had a small Quantity of Powder; after we had done that, the Post-Boy came into the Cage. I said to the Boy, be careful what you do, look among them and see if any of these Men have robb'd you; then the Boy went directly into the Middle of them as they were in the Cage, and said to Bruce, the Prisoner, you are the Man: Says Bruce, I did not rob you. The Boy said, you did not rob me, but you are the Man that presented the Pistol, and you are the Man that bid me not look in your Face.

Q. What did he say to that?

Reynolds. I don't remember, my Lord, what Answer he made.

Q. (to Thomas Nichols ) Was you one of those that pursu'd the Prisoner?

Nichols. Please you my Lord, I was at the Crown at Kicks-End when the Boy came in, and said he was robb'd by seven Irishmen, and that they were murdering a Gentleman; and these Men we took upon Suspicion.

Court. After this you pursu'd, Did you?

Nichols. Yes, my Lord, we went thither and pursu'd them; I was after four by myself; and when they saw me, they d - d me, saying, There is but one, shoot him: But when another Person came up they ran away, and we pursu'd and took them all.

Q. Do you know the Prisoner?

Nichols. They were both together when we took them.

Q. Where were they when you took them?

Nichols. In the Bottom by Kicks-End .

Q. What became of the other four?

Nichols. We brought them all before the Justice, but because no one appear'd against them, he releas'd them .

Q. When you took them, then what did they say?

Nichols. Some said they were come from Ireland , and wanted Work.

Q. Where did you carry them?

Nichols. We carried them to the Crown that Night, and they were carried afterwards before Justice Hassel.

Q. Do you know any Thing farther?

Nichols. No, my Lord.

Q. (to Asbury ) Was you one of the Pursuers; do you know any Thing more than Mr. Nichols says; do you remember the two Prisoners?

Asbury . I kick'd up Martin M Lone's Heels in the Field; when we went down there were five of us together: I said to my Partner, let us go overagainst the Waggon, left they should see us.

Q. Are you sure that Mc Lone was the Man you trip'd up?

Asbury . Yes, my Lord.

Q. What do you say of the other Man?

Asbury. These two were taken with the six.

Q. (to Bruce) Now is the Time to make your Defence; the Post-Boy charges you with the Robbery.

Prisoner. Please your Honour I came out of Ireland to look for Work, I was fearce of Money, and was returning Home; I lay at the Upper End of Barnet; I would have paid for Lodging, but they said I was an Irishman and they would not let me have any. We were very cold when the Day-light came; as we were cold we said to one another, we had better be going to Coventry, to get what would carry us Home.

MartincLone Acquitted .

Bruce Guilty Death .

274. Johannah Wood was indicted for coining 30 Pieces call'd stallings, and one Piece call'd a Half Cown, &c .

Council. I am Council in this Cause for the Crown; the Prisoner at the Bar stands indicted of High Treason, for counterfeiting the current Coin of these Realms; it is unnecessary for me to tell you, Gentleman, that it becomes the Prerogative of the Crown to take Care of the Coin of the Kingdom; it will be needless to mention to you the Inconveniency and Injury that must accrue by these counterfeit Pieces, as Shillings and Half Crowns, which generally fall hard among the poorer Sort of People: The single Question will be, whether the Prisoner at the Bar has been guilty of the present Offence or not; and, Gentleman, as she stands indicted for actual coining, I shall candidly admit we have no Evidence present at the Time of Coining; I don't apprehend it is necessary; because Persons going to commit an Offence of so high a Nature, will hardly call Witnesses at the Time when they commit the Offence; I shall only relate the Circumstances, Gentleman, and when I have open'd the Nature of our Evidence there will appear Reason to believe that the Prisoner at the Bar has been guilty of the Offence for which she is indicted: The cause of our Suspicion was upon this Occasion; she went to a Person that sold Straw and Leghorn Hats, I think the Agreement was for 18d. after that Agreement had been made she gave Half a Crown for the Payment of this Hat; that Half Crown was a counterfeit one; on finding this out she was immediately carried before a Magistrate, I believe our present Lord Mayor, and for that was committed; that giving Occasion a little to enquire into her Life and Conversation; she has acknowledg'd, as I am told, and I have to prove, that she has been guilty of these Sorts of Offences for 25 Years past; but that is not the Case for which she is indicted, but for actual coining, Gentlemen; as for that Half Crown which she has utter'd she may possibly be to answer for on another Occasion, tho' that may be a material Circumstance to convict her of the Offence she is now charg'd with. The Solicitor for the Crown, who is concern'd for the Mint, and whose Duty it is to bring all Persons who have committed Offences of this Kind to Justice, being inform'd that if he went to the Prisoner's Lodgings he would not only find a great Quantity of counterfeit Money, but the Tools by which the said Money was counterfeited, and was likewise directed to turn up a board at the Foot of her Bed, where the said Tools were conceal'd; accordingly he went to the Place as directed in the Information that had been given him, and taking up the Board found there a good Number, above thirty Shillings actually coin'd and counterfeited , and this Half Crown; the Reason I mention the Half Crown is, that it exactly tallied and was certainly struck in the same Mold with that which was put off by the Prisoner at the Bar, therefore that will be some Circumstance to induce you to believe that the Prisoner at the Bar was the Person that coin'd them. We will call our Witnesses to shew that this Woman was first committed for vending this Half Crown; and her Confession shews that she has long been concern'd in Practices of this Nature.

Q. (to - Hudson) Do you know the Prisoner at the Bar? Did she lodge at your House?

Hudson. Yes, at my House the next Door to Gray-Inn-Lane Workhouse.

Q. In what Room did she lodge there?

Hudson. In two Rooms up one Pair of Stairs.

Q. When did she lodge at your House? Did she lodge there before the 1st of May?

Hudson. She came the 6th of March.

Q. Did she lodge there the 1st, 2d, 3d or 4th of May?

Hudson. She was not there; I think she lay out the last Day of April.

Q. Were the Lodgings her's after that?

Hudson. I can't tell how it was between her and the other Woman; they took them together as I took it.

Q. Do you remember the Time that this Woman was taken up for uttering a bad Half Crown?

Hudson. I never knew it 'till Mr. North came to our House the 6th of May.

Q. What did Mr. North come there upon?

Hudson. Mr. North and another Gentleman and the Constable came there the 6th of May.

Q. How long had she lodg'd there?

Hudson About seven Weeks; and the back Room was the Room where she lay.

Q. Did the other Woman continue to be three after the 1st of May?

Hudson. Sir, she was acquitted by my Lord Mayor, she lodg'd there one Night and no more.

Q. What Night was that?

Hudson. The Day that she was acquitted by my Lord Mayor.

Q. Which was the Night the Prisoner at the Bar left your Lodgings, and did not come home?

Hudson. Neither of them came home that Night.

Q. Did Mr. North come to your House?

Hudson. Yes, my Lord; I saw several Things; there were some Pieces of bad Money.

Q. Pray what else?

Hudson. There were two large white Papers.

Q. What was in them?

Hudson. I cannot say, there were some Materials took out, Instruments of Coining.

Q. What?

Hudson. I can't tell. There were other Instruments taken out that Mr. North saw; there were Shillings and a Half Crown which the Gentlemen let me see .

Q. (to the Prisoner) Have you any Thing to say to this Witness?

Prisoner. The Woman took the Room; I had no Concern in taking it.

- North. My Lord, as to the Prisoner at the Bar, I have known her some Years, and she has been under frequent Prosecutions for uttering of counterfeit Money.

Court. Pray Mr. North keep to Fact.

North. I will. On the 5th or 6th Day of May I receiv'd a Letter by the Penny-Post without any Name, that inform'd me that if I went to Mrs. Wood's Lodgings, at Mr. Hudson House , and took up a Board at the Feet of her Bed, I should there find several of her Materials; accordingly I took a Person along with me, who is now in Court, to be an Assistant, and we went to the Lodgings and took up the Board mention'd in the Letter; he said here are the Things: I saw him take out of the Place this Pair of Flasks, in which the Earth is contain'd, and these two Pieces of Metal .

Q. What Metal do you call it?

North. Grain Tin, the better Sort: These Shillings were wrapt up in a separate Paper, in the Condition they are now, which we take to be finish'd.

Q. How many were there of these Shillings?

North. I believe about 35 or 36. Among the rest of the Things, were these other counterfeit Shillings, quite finish'd, and this Half Crown, my Lord.

Q. (to Philip Shearer ) Are you the Constable?

Shearer, Yes.

Q. Did you go to search the Lodgings of Mrs. Wood? What did you find there?

Shearer. At the Foot of the Bed, there was a Board about 18 Inches long and nine broad, it was cut so artfully that the Nails came up with the Board; I said, Here's the Nest. I took out, I think, thirty-six Shillings, a Half-Crown, and a Mould, that Mr. North said they cast their Money in.

Q. (to Mr. North) Is this the same?

North. Yes, I have had it in my Custody ever since.

Q. (to Diana White ) Do you know the Prisoner at the Bar?

White. I know her to be the Woman that gave me the bad Half-Crown. She came into my House in Newgate-Street, to buy a Hat, about six Weeks ago, and paid me with the bad Half-Crown: With that I took hold of her, and said, You are a Coiner; then I saw her begin to convey something to another. I said, I'll search you.

Q. What did you do with the Half-Crown?

White. The Constable has it.

Q. (to Mr. Welsh) Had you the Counterfeit Half-Crown deliver'd to you by that Woman?

Welsh . Yes, my Lord, and a Shilling likewise.

Q. (to Mr. North) Is that a Counterfeit Half-Crown?

Q. Yes, and exactly the same Die, &c.

This Evidence could not convict the Prisoner of High Treason; but she is order'd to remain, to be try'd for uttering of false and counterfeit Coin, which is a Misdemeanor .

275. Richard Narton was indicted for stealing a brown Peruke , the Property of John Birth , the 21st of May .

Acquitted .

276. Agnes Brown was indicted for stealing one Linnen Sheet, Value 10 s. one Dimity Waistcoat, a Holland Frock, and one Holland Shift , the Goods of Abraham Julian , the 1st of January .

Guilty .

[Whipping. See summary.]

277. William Muir was indicted for stealing, on the 27th of May, fifty Pounds of Lead , the Goods and Chattles of Anthony Not .

Guilty, 10 d.

[Whipping. See summary.]

278. Mary Grey was indicted for stealing a Pair of Diamond Ear-Rings, and fifty-one Cl Hats, a small Piece of Silver, and a Dimity Stomacher , the Goods of Angel Carney , in the Haymarket , the 13th of May .

Acquitted .

279. Thomas Anderson was indicted for stealing two Gowns, one Lursey-Woolfy, the other Stuff, a Linnen Apron, a Cap, a Linnen Handker chief, in all the Value of 5 s. the Goods of Anne Elyworth .

Guilty .

[Transportation. See summary.]

280. Elisha Williams was indicted for stealing two Linnen Handkerchiefs , the Goods of James Heughs .

Guilty .

[Transportation. See summary.]

281. Edward Vaughan was indicted for stealing one Camblet Coat and a Pair of Boots , the Property of William Henson , May the 31st .

Guilty .

[Transportation. See summary.]

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

Receiv'd Sentence of Death 8.

John Humphrys 241

John Stephens 242

John Jennings 243

John Short 266

George Thomas 267

Thomas Bird 269

John Crisp 271

William Bruce 273

Receiv'd Sentence of Transportation for 7 Years, 10.

John Dodson 245

Hannah Davis 246

Hannah Hurst 247

James Searle 250

Edward Davis 251

Alice Butler 259

John Freeman 262

John Smith 270

Thomas Anderson 279

Elisha Williams 280

To be Whipp'd 4.

Jane Howard 248

Agnes Brown 276

William Muir 277

Edward Vaughan 281

Johanna Wood 274, order'd to remain.