Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), September 1746 (17460903).

Old Bailey Proceedings, 3rd September 1746.

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol 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 3d, THURSDAY the 4th, and FRIDAY the 5th of September,

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

BEING THE Seventh SESSIONS in the MAYORALTY OF THE

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

NUMBER VII.

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, JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justice of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

Thomas Parker ,

John Wilkins ,

George Cooper ,

George Sallis ,

John Lacy ,

William Turney ,

Thomas Griffith ,

Joseph White ,

John Bickerton ,

John Waite ,

Richard Chapman ,

Thomas Lock .

Middlesex Jury.

Thomas Nicholls ,

Ralph March ,

Francis Page ,

Joseph Finch ,

Richard Haley ,

Henry Bristow ,

Samuel Lock ,

John Pye ,

Joseph Surely ,

Samuel Chester ,

Isaac Mencelin ,

Thomas Walker .

282. Barney Linsey was indicted for assaulting William Dunn and , putting them in bodily Fear, and robbing the said William Dunn of a Watch, and Ambler of a Coat, Breeches , &c. on the 29th of June .

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

Ambler. On Sunday the 29th of June, as I was coming from Hamstead, between Nine and Ten o'Clock at Night. I was set upon by seven Men. in the second Close on this Side Figg-Lane ; after they had pass'd me they all turn'd short and gave me several Blows (with Bludgeons ) on my Body, Head and other Parts; I made Resistance, but when they had master'd me they led me to the Ditch; in the Scuffle I lost my Hat and Wig.

Q. When they had got you into the Ditch, what did they take from you?

Ambler. My Cloth Coat, a Cambrick Stock, a Silver Buckle, &c. They robb'd Mr. Dunn at the same Time.

Q. Was that in your Sight?

Ambler. Yes. They robb'd Mr. Dunn of his Watch; then they turn'd to me again and took my Breeches.

Q. What were they?

Ambler. Black Leather Breeches. They took my shoes and also Mr. Dunn's Shoes; then they went away; but soon return'd again and took my Shirt from my Back; they had taken my Stock the first Time. On Friday the 4th of July I saw, in the Advertiser, the Advertisement of a Watch; that was stopp'd by Justice Dennis's Clarke; by the Description I knew it was Mr. Dunn's Watch; the Watch was found upon Parkison, a Soldier, who was then committed to Prison. I went to New-Prison to this Soldier, and I charg'd him with the Robbery.

Q. You did not see the Watch then?

Ambler. No.

Q. What Robbery did you charge him with?

Ambler. With robbing me the Sunday before; but he said he was not in the Robbery; I ask'd him then how he came by the Watch; he said he had it from Barney Linsey , the Prisoner at the Bar.

Q. Where was it that you saw the Prisoner?

Ambler. At Sir Thomas De Veil 's.

Q. When was it you saw him at Sir Thomas De Veil 's?

Ambler. I can't directly say, but I think about a Fortnight ago.

Q. Are you sure the Prisoner is the Man?

Ambler. He is the Man.

Court. Now inform us what you heard him say concerning this Robbery ?

Ambler. He said he was concern'd in the Robbery, and that he gave me Water to drink out of the Brim of his Hat.

Q. Had you Water given you?

Ambler. Yes.

Q. Did he say he was the Man, or one of the Men?

Ambler. That he was one of the Men; he also said there was one of them swore he would destroy me, and that he was the Man that prevented him from giving the Blow; and another of them desir'd him to murder me, saying, that it was better I should die than they.

Court. Then he positively declar'd that one of the Men would have murder'd you and he prevented it.

Ambler. Yes. And he told me the Name of the Person who wore my Coat was Ryly.

Q. Did he mention whether Ryly was in the Robbery?

Ambler. Yes, Sir; and that one Mathews was in the Robbery also.

Q. to William Dunn ) Do you know the Prisoner at the Bar?

Dunn. No Sir.

Q. Have you any Thing to lay to the Prisoner's Charge with respect to the Robbery committed on Sunday the 29th of June?

Dunn. I was robb'd then with Mr. Ambler.

Q. What Time of the Night?

Dunn. Between the Hours of Nine and Ten.

Q. Where was it?

Dunn. In the Foot-Path between Mother Red-Cap's and Southampton-Row.

Q. Who was it that robb'd you?

Dunn. I think there were nine in Company: Mr. Ambler was attack'd first; I might be about ten Yards behind; I hasten'd up to Mr. Ambler and found a Party of them attacking him.

Q. What had they in their Hands?

Dunn. They had Scymeters and Sticks; I heard one of them call it a Scymeter. I hasten'd up to him, then another Party of them enclos'd me: Ambler defended himself as long as he could; he had a Cane in his Hand, and they had a great deal of Difficulty to get it from him.

Q. Did you see them rob him of any Thing?

Dunn. I saw them take off his Coat; nothing else.

Q. Did they go away then?

Dunn. No, Sir. After they had rifled him they went about ten Yards distant, then they came back again and took his Breeches and Shoes from him.

Q. Was you before Sir Thomas De Veil when the Prisoner was there?

Dunn. Yes. And he desir'd to speak to Sir Thomas privately; so Sir Thomas went with him into a private Room. Sir Thomas told me the Man wanted to turn Evidence; I said to Sir Thomas I should be glad to ask him some particular Questions touching the Robbery; so I traced him thro' the whole Robbery, and he told me all the particular Circumstances of it, who they first attack'd and what they took.

Q. Was there any Promise made to the Man of a Pardon in cafe he would confess.

Dunn. None at all, he offer'd himself voluntarily; he said he gave me Water out of the Ditch in his Hat.

Q. But what did he say about the Robbery?

Did he confess that he was one of the Persons?

Dunn. He said he was.

Q. Was you the Person that had Water given you?

Dunn. Both of us had Water. I lost a Snuff-Box and Tweezer-Cafe; I ask'd him if he knew where they were, if they had pawn'd them I would redeem them; he told me they buried them in the Ground, and the next Morning a Party of them went to fetch them, and he knew nothing more of them.

Q. Mr. Dunn, what Robbery did he own he committed?

Dunn. He said he was one that robb'd us.

Q. Was there any Thing said before Sir Thomas about Mr. Ambler's Coat?

Dunn. He said that one Ryly had it.

Q. by the Prisoner) Mr. Dunn, was it I that robb'd you?

Dunn. I don't say you did.

Prisoner. Those two Gentlemen gave me Liquor, and made me to drunk that I don't know what I said; Mr. Ambler, did not you give me Sixpence, &c.

Ambler. I did; I went on Sunday Morning and gave him Sixpence; I said if he made good his Confession he should not want a Sunday's Dinner while he was in Prison.

Prisoner. Mr. Ambler promised that he would get my Pardon.

Ambler. I might say I would be a favourable Prosecutor if he would make Discoveries, &c. but none of the Persons he nam'd could be found.

Q. (to John Sergeant) What are you?

Sergeant. I am a Butcher by Trade; I was one of the Persons that took him.

Q. Where did you take him, and upon what Occasion.

Sergeant. Upon Parkison's Confession, the Soldier.

Q. Where did you take him?

Sergeant. In King-Street, Bloomsbury.

Q. After you had taken him what did you do with him?

Sergeant. We brought him to the Publick-House opposite the Place.

Q. Do you know any Thing of this Robbery ?

Sergeant. He own'd before Sir Thomas De Veil that he had robb'd Mr. Ambler and Mr. Dunn.

Q. Was there any Promise of Pardon for being an Evidence.

Sergeant. None that I know of.

Q. Was he sober at that Time?

Sergeant. He seem'd as sober as I am, my Lord.

Q. What Time did you take him before Sir Thomas?

Sergeant. About Ten o'Clock in the Forenoon.

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

Prisoner. Please you, my Lord, I know nothing about it; he is a Thief-catcher, and will say any thing on account of the Money.

Sergeant. You are the first Thief that I ever caught.

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

Prisoner. I have no Witnesses.

Death .

283. John Wickham was indicted for breaking open the House of Alexander Chatto , and stealing from thence ten Buck and Doe Skins , on the 6th of July .

Q.(to Alexander Chatto .) What have you to say against the Prisoner?

Chatto. On Sunday Morning, about Two o'Clock, my Shop was broke open by the Prisoner, according to his own Confession, and other Circumstances.

Q. Where is your Shop?

Chatto. In Broad-Street, by Ratcliff-Cross .

Q. What did you lose?

Chatto. Ten Buck and Doe Skins altogether.

Q. Do you know who it was that broke open your House?

Chatto. I did not know at that Time; but I took a Ride into Kent in pursuit of the Prisoner, who was my Journeyman.

Q. How long had he been your Journeyman?

Chatto. He work'd with me only a Fortnight.

Q. When did you discharge him ?

Chatto. The Thursday before. I took Horse and pursu'd him into Kent; I stopp'd at a Place call'd Walling, and ask'd there if they had heard of any such Man; ( because I had an Information that he was going to set up at a Place call'd Dartford) one said, as you describe the Man, there was such a Person pass'd by here about Eleven o'Clock an Sunday, with a Large Bundle on his Back, and I think I saw Skins: I had not been above 100 Yards in the Town when I pass'd a little Shop, a sort of a Taylor's, and something of Leather likewise, and saw a Man skulk behind the Shop-board; whereupon I alighted from my Horse, and perceiving it to be the Prisoner, I said to him, John, when came you hither; he answer'd, on Saturday.

Q. What Day was this?

Chatto. On Tuesday. I said to him, will you go and drink? He scarce would speak to me; but we went into a Room and I lock'd the Door; then I tax'd him with the Affair and he deny'd it; I sent for a Constable, and told him it signify'd nothing talking, for that he had robb'd me; he then heartily begg'd my Pardon. I ask'd him what he did it with, he said he did it with a knife and Chisel: Then I ask'd him where the Goods were, and he told me they were at Dartford, at his Mother's; I bid him send for them; he said he could not write; but I said I would write for him, and ask'd him where they were; he said in a Bag in the Closer. I got a Man to go, and he brought the Goods to the Constable, where the Prisoner then was.

Q. Have you got the Goods here?

Chatto. They are at the Baptist's Head; I will send for them.

[The Goods were produced in Court, and the Prisoner confess'd that with a Knife and Chisel he cut some part of the Grove, then wrench'd it off, took down the Shutter and thrust up the Sash, and took out the Goods about Two o'Clock in the Morning.]

Q. What did you do with him when you took him?

Chatto. We took him before the Justice.

Q. What material pass'd before the Justice?

Chatto. He said he was the Person that broke open the Shop with a Knife and a Chisel. The Justice took his Confession in Writing.

Q. Was there any Promise of Pardon before the Justice ?

Chatto. No.

[ The Writing was produced in Court, entitled, The Examination of John Wickham , before Samuel Malcher, Esq; one of his Majesty's Justices of the Peace, on the 9th Day of July. This Examinant faith he has a Wife and one Child in the Parish of Dartford, and his Wife is now big with another Child; he confesses that he liv'd a Journeyman with Alexander Chatto , Glover, a Fortnight; that he broke open his Master's Shop on Sunday last, and stole several Buck and Doe Skins, &c.]

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

Prisoner. I never did any such Thing before.

Guilty .

[Transportation. See summary.]

284. Philip Allen was indicted for stealing a Pair of Silver Shoe-Buckles, a Pair of Metal Knee-Buckles, Half a Guinea in Gold and twelve Shilings in Silver, &c. the Goods of Jonas Brend , in the House of Joseph Terry , in King's-Street, Westminster .

Q.(to Jonas Brend .) What have you to say against the Prisoner ?

Brend. Please you, my Lord, he took the Things out of my Breeches, from under my Head.

Q. Where do you live?

Brend. Please you, my Lord, I lay at Mr. Terry's House that Night.

Q. What did you lose?

Brend. I lost Half a Guinea in Gold, twelve Shillings in Silver, a Pair of Silver Shoe-Buckles, and a Pair of Metal Knee-Buckles.

Q. When did you lose them?

Brend. I lost them the 7th Day of July, between Twelve and One o'Clock in the Morning.

Q. Have you any Thing to say to the Prisoner?

Brend. I was asleep when I lost them: Two other Persons lay in the Room with me.

Q. Did the Prisoner lie in the Room?

Brend. No, my Lord, he lay a Pair of Stairs higher; the Men that lay in that Room heard something chink, and said one to the other, I believe the Marine is robb'd.

Q. Have you found the Things again?

Brend. The Shoe-Buckles we found upon the Prisoner.

Q. What House was this where you lodg'd?

Brend. At the Horse and Drum in King's-Street, Westminer.

Q. How long after you lost them was it before you found them upon the Prisoner?

Brend. About a Quarter of an Hour.

Q. (to Joseph Terry .) Where do you live?

Terry. I live at the Horse and Drum in Westminster.

Q. Did the Prosecutor, Brend, lodge at your House in July last.

Terry. Yes.

Q. Do you know of any Things that were taken from him?

Terry. Yes, my Lord; I know of Half a Guinea, twelve Shillings and Two-pence, a Pair of Silver Shoe-Buckles, a Pair of Knee-Buckles, and I think a Pair of Garters; it was of a Sabbath-Day Night, the 6th of July; my Wife and I were gone to Bed, not thinking any thing of being robb'd, or of the Prisoner, for I took him to be a very honest Man. After I was in Bed the Prosecutor came down and knock'd at my Door: I said to my Wife, pray don't let any Body have any more Beer to Night, for 'tis late; the Man spoke to me through the Key-Hole; my Wife said to me, get up, this poor young Fellow is robb'd by somebody, I can't tell who; so I got up and went down to the Watchman to light a Candle.

Q. Then the Man complain'd of his being robb'd.

Terry. Yes, he came down very softly for fear of being discover'd: As I had two Soldiers lodg'd upon me, I charg'd them with the Robbery; I told them this Man had been robb'd, and I must know who it is that had robb'd him. The Soldiers got up at once, but I did not examine their Pockets. I took a Candle, and went into the Room where this Man was a-bed; there was another Man, a Corporal; he said, he had heard some Money chink; so I said to this Philip Allen , You must get up too, to be examin'd; for I had no more Suspicion of one than the other: Accordingly he rises up, and said he wanted, to speak to me; I ask'd him what he wanted, and went into a little Closet, and he down'd upon his Knees to me; God bless you, said he, don't tell my Serjeant, and I will tell you where the Money is: I told him I would not tell his Serjeant, because I wanted to bring the Thing out; so he confess'd the Fact. I said to him, What did you do this Thing for? He said, he had got the Foul Distemper, and he got that Money on purpose to get him cur'd. He went back to the Bed where he lay, and he took the twelve Shillings and two Pence, and Half a Guinea; he took it from between the Bed and the Sacking. I said to him, Have you got a Pair of Buckles, young Man? he said, Aye, I'll find them out; at last he brings out two Pair of Buckles.

Q. What were these Buckles ?

Terry. The Shoe-buckles were Silver, the other common Metal.

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

Prisoner. Ask him how honest I behav'd in his House when the Serjeant got drunk, &c.

Terry. He always behav'd honest, as I thought; I had a good Opinion of him.

Q.(to the Prisoner) What have you to say for yourself, by way of Defence; or have you any Witness to your Character?

Prisoner. My Lord, I lodg'd in this Mr. Terry's House; and, as I was going to Bed, I had a Candle in my Hand, and found these Things in my Way. I did not put the Money into my Pocket, but laid it on the Bed 'till I should hear some Body enquire for it. I heard them make a Noise, examining the Soldiers; and I was getting up at the Time Mr. Terry came into the Room; I told him I had the Money and the Buckles; I call'd to him, and gave them to him; I did not steal, non-break or pick a Lock. If I had a Mind to commit a Robbery, I had had a greater Opportunity, which I did not.

Guilty, 39 s.

[Transportation. See summary.]

285. Anne Ellingworth was indicted for picking the Pocket of Terence King , of an Iron Tobacco-Box, containing between three and four Pounds in Money , the 22d of July last.

Q. (to Terence King ) What have you to say against the Prisoner?

King. The Prisoner invited my Wife and I to drink Share of a Pot of Beer with her.

Q. Where did she invite you to?

King. To the Castle, by the Seven Dials.

Q. Where did she meet with you?

King. At my own Door; we had two or three Words there; she stood at the Door and call'd me Names. It was on Tuesday Night, the 22d of July last, that we had those Words. She went to Sir Thomas to get a Warrant for me; she went late, and he was at Supper, and would not grant it to her. I follow'd her to vindicate my own Cause. Sir Thomas advis'd me to go and take a Pot of Beer with her, and make it up. As we were coming back from Sir Thomas we went into an Alehouse, &c. My Wife saw her pick my Pocket, and I found it upon her.

Q. Where did you go to make it up ?

King. We went first to the Brown Bear in Bow-Street. As we went towards home she ask'd my Wife to lend her Three-half-pence, and to drink Part of a Pot of Beer, and she would be Three-half-pence. She pick'd my Pocket at the Castle near the Seven Dials .

Q. Where was all that Money?

King. In a Tobacco-Box; there was forty-eight Shillings in Silver, and a Guinea in Gold. She was discover'd immediately. She offer'd me the Guinea back at the very Beginning.

Q. Where was the Box?

King. The Box she wanted to convey into my Pocket; I made her lay it down.

Q. Where are the eight and forty Shillings?

King. Sir Thomas De Veil has got the Money She said, when she was carried to the Round-House, that all she had above six Shillings and six Pence was my Property. She told me, before I call'd the Watch, if I laid Hands on any of the Money she would hang me. There was but twenty Shillings in Silver, I found, and a Guinea in Gold.

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

Prisoner. Ask him where the Box was taken from, and who saw the Box in my Hand?

King. The Box lay in my Right-hand Pocket, and my Wife saw her take it.

Q. (to William Barker ) What do you know of this Matter?

Barker. All that I know is, that she was brought to the Watch-House on my Watch Night, the 22d of July, between the Hours of Eleven and Twelve.

Q. What then?

Barker. When she was brought there she was charg'd, by Mr. King, with robbing him of between three and four Pounds, and a Tobacco-Box.

Q. Was that Box produced at that Time ?

Barker. Not at that Time, but before Sir Thomas De Veil , the next Morning.

Q. Who produced it ?

Barker. Who produced it I can't say; the Watchman said he had taken the Guinea in Gold from her before she came to the Watch-House: After she came there, I ask'd her if she had any more of the Man's Money? She said she had but six Shillings and six Pence of the Half-Guinea: She said she chang'd at the Brown Bear in Bow-Street; whereas she pull'd out eight and twenty Shillings in Silver: She said, I have six Shillings and six Pence of my own; and the other I will leave with you, for 'tis none of my own.

Q. What pass'd before Sir Thomas?

Barker. The Prisoner could not make any Defence; but said she did not know how the Money came into her Pocket.

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

Prisoner. My Lord, I would ask him one Question. Did I not say these Words when I came into the Round-house, that I had Twenty-seven Shillings and a Guinea ?

Q. (to Barker) She would ask you besides the 6 s. 6 d. if she had not half a Guinea in Gold?

Barker. She did not say so then, but the next Morning she brought a young Woman to say she had lent her a Moidore to pay for some small Trifles, but she never spoke about this until the next Morning.

Q. How began this Quarrel?

Prisoner. Terence King 's Wife went to put her Hands up my Coats, and I did not like it from a Woman's Hands; having some Words, she wanted me to go and drink a Dram; she went to clap her Hands up my Coats. I had never knew such Doings from our own Sex; with that the Husband went to strike me. My Neighbour told me that he, Terence King , went to fetch a Warrant for me; with that I went down to Sir Thomas De Veil 's to fetch a Warrant for him.

Q. to Richard Curtane . What are you?

Curtane. My Lord, I am a Watchman. I was call'd to the Sign of the Castle, where I saw Mr. King, the Prosecutor, and this Woman, the Prisoner. She said if she had any Guinea in her Pocket, it was his, for he had charg'd her with robbing him of Forty-eight Shillings and a Guinea in Gold.

Q. Any Thing else besides Money? any mention of a Tobacco Box?

Curtane. No, my Lord, not then; it was the Wife that mention'd he had been robb'd; she call'd out Watch, Watch, my Husband is robb'd: I said where is the Person that robb'd him. The Prisoner said, that if she had a Guinea in Gold, it was his; with that she put her Hand in her Pocket; pull'd out a Handful of Silver, and said if she had a Guinea in Gold, it was his.

Q. Did she say any Thing how she came by it?

Curtane. No, but Mr. King said that she had robb'd him.

Q. Was the Prosecutor sober ?

Curtane. He was not sober, nor was he drunk; he was between drunk and sober, but I think his Wife was sober.

John Cousins . I am a Watchman belonging to the same Walk.

Q. to Cousins. What do you know of this Matter ?

Cousins. Between Eleven and Twelve o'Clock I heard a Noise at the Casile, so I went to hear what was the Matter. When I came I saw the Man of the House, Bartles, holding of the Prisoner, who said, you B - h you have robb'd this Man. Mr. King said he was robb'd of 48 s. in Silver, and a Guinea in Gold. The Prisoner said if she had a Guinea in Gold in her Pocket, it belong'd to that Man, so she pull'd it out herself.

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

Prisoner. Please you, my Lord, to ask him if the Prosecutor's Wife was there, and what Condition she was in?

Cousins. The Woman was fuddled, but the Prosecutor was neither fuddled nor sober.

Prisoner. Please you, my Lord, Mrs. King and I had some Words; as I stood at the Door she clapp'd her Hands up my Coats: I said I was never used so by a Woman, I don't know what you mean by it; so King and his great Brother-in-law, an Irishman, was about to strike me.

Acquitted .

286. Margaret Smith , otherwise Fletcher , was indicted for stealing one Linnen Gown, and one Linnen Cap and Handkerchief , &c. the Goods of Sarah Bell , the 23d of August .

Q. (to Sarah Bell ) What have you to say against the Prisoner?

Bell. Please you, my Lord, she went up (three Pair of Stairs) into my Room, and took my Gown, &c.

Q. What are you?

Bell. A Widow .

Q. What Gown was it?

Bell. A Linnen Gown; Mrs. Beckerley saw her come down.

Q. When was it that she went up Stairs and took these Things?

Bell. The 23d of August.

Q. Where do you live?

Bell. In Petty-France, Westminster.

Q. Do you lodge there?

Bell. Yes, at one Mr. Dyer's.

Q. How do you know that she went up and took there?

Bell. She was caught as she was coming down; Mrs. Beckerly heard her coming down a little after Six o'Clock in the Evening.

Q. Was you not at home yourself?

Bell. Yes, my Lord, I was in the Kitchen. Mrs. Beckerly lives up two Pair of Stairs; she hearing somebody go up softly, and go into my Room; when the Prisoner was coming down again, she ask'd her what she did there; she said she had got what she went for. Mrs. Beckerly calls to me and said Mrs. Bell, Somebody has been up in your Room, the Woman is gone along in a blue Gown and black Hat; she run up from our House towards the Bull Head, where she left the Things: I run after her, and she had lay'd the Things down, and Mrs. Dyer followed her; she had got into the Bull Head Alehouse in Petty-France: When I came up to her, I said you brazen Face, what Business have you in my Room? she said she would shew me; what she meant by that I did not know.

Q. What did you find there?

Bell. My Gown, my Cap, and my Handkerchief, that I have sworn to.

Q. Where were they found?

Bell. Upon the Stairs.

Q. Who was by her when you came to her?

Bell. Mrs. Dyer came in before me, or after me, I cannot tell.

Q. What did she say?

Bell. She said she would go and shew me where; as she run along back again to shew me, she said that an old Man had sent her for the Things. She own'd the Fact before the Justice.

Q. What Justice?

Bell. Justice Manly.

Q. (to Rachel Beckerly ) What have you to say to the Prisoner?

Beckerly. Last Saturday se'nnight I heard somebody go up Stairs very softly, and I was willing to know who it was; when they came down again, I saw a Woman with something in her Apron, and I ask'd her who she wanted; she said, what I want, or this I want, I have; (I can't tell which) she said she was sent by the old Man: I said, what old Man? she said the old Man at the Bull; with that I follow'd her down; when I came down Stairs I was in a great Surprise. I look'd at her till she was a few Doors of; then she look'd back, I fancy to see whether we observed where she was going to. I said to Mrs. Bell, the Woman is gone to the Bull Head.

Court. So then you follow'd her.

Beckerly. No, I did not; I call'd to Mrs. Bell to come up, for there was a Woman had got a Bundle out of her Room in her Apron; so Mrs. Dyer and Mrs. Bell follow'd her.

Q. to Sarah Dyer .) What do you know of this Matter?

Dyer. My Daughter call'd to me, and said, Mother, there is a strange Woman gone out of the House with a Bundle in her Hand; I immediately run out and follow'd her, and she went to the Bull-Head. I went immediately to the Landlord, and ask'd him if a Woman in a Blue Gown had not come in; so she (the Prisoner) was standing by, and said, here I am; but I said, where's the Bundle you had in your Lap; so Mrs. Bell was at my Shoulder, and said, what Business had you in my Room? The Prisoner said, I'll go and shew you. I ask'd the Maid at the Publick-House what she left there; so we look'd, and found the Gown, Hat, and Handkerchief.

Q. Have you any thing more to say?

Dyer. She own'd it before the Justice. The Excuse she made was, that there was an old Man that own'd her 16 s. and desired her to go up three Pair of Stairs, and turn in upon the Left-hand, and take these Things.

Prisoner. Please you, my Lord, one Robert Anderson, a Shoemaker, own'd me a little Money; I told him, my Husband would be uneasy for the Money; he said, keep yourself easy. About Five o'Clock at Night he took me to Petty-France to this House, and desir'd me to go up three Pair of Stairs, and that he would go to the Bull-Head. I went up Stairs, and staid almost a Quarter of an Hour. As I was coming down, a Woman spoke to me, and I told her that I had been up at the old Man's Room, &c.

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

Prisoner. They are gone after this Man; he is gone on-board the Fly Sloop.

Guilty 10 d.

[Transportation. See summary.]

287. Elizabeth Williams was indicted for stealing five Pounds, out of the Dwelling-House of William Johnson of Uxbridge.

Q. (to Mrs. Johnson.) What is your Husband's Name?

Mrs. Johnson. William Johnson .

Q. What Age is the Prisoner?

Johnson. About fourteen Years of Age.

Q. What did you lose ?

Johnson. I have lost Money several Times; she own'd she took it.

Q. How much did she own?

Johnson. I believe she own'd about five or six Pounds.

Q. Where did you miss it?

Johnson. In a Shagreen Tea-Chest on the Top of a Scrutore.

Q. What Reason have you to think the Prisoner at the Bar took it?

Johnson. I can't say any thing to it, but as she confess'd.

Q. Was she your Servant?

Johnson. She used to come in to hold the Child, &c.

Court. You lost Money at several Times; what, do you mean that she took it?

Johnson. She was there, and I tax'd her with it; I can't swear to my Money: She had none upon her; but she bought new Clothes, and changed a Guinea, that made me suspect her.

Q. Where was it that she own'd she took it?

Johnson. Before the Justice.

Q. What was it she said; was there any Promise made of Pardon before she went to the Justice?

Johnson. I told her that I would not hurt her. She was an Apprentice to one William Webb , a Carpenter; she said, every time she stole it he had Part of it.

Q. Where is the old Man?

Johnson. He is very ill.

Q. Was he so bad that he could not be brought ?

Johnson. He is very bad, and could not be brought.

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

Prisoner. Please you, my Lord, she told me if I would confess it she would forgive me.

Q. Have you any Witness ?

Prisoner. No, Sir, I have none but God and myself.

Acquitted .

288. Elizabeth May was indicted for stealing 6 s. 6 d. the Property of James Wilkins , the 30th of August .

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

Wilkins. The Prisoner at the Bar took from me two Half Crowns, a Shilling, and a Six-pence.

Q. When was this?

Wilkins. I think on the 30th of August; last Saturday Night, between Eleven and Twelve, coming thro' Drury-Lane, a Woman of the Town pick'd me up.

Q. What, the Prisoner at the Bar?

Wilkins. No, my Lord, the Woman of the Town is now in Bridewell. We went to the House and went up Stairs, and went to Bed. There were two Rooms on a Floor.

Q. Where did you go to lie together?

Wilkins. In Holford's-Alley.

Q. Did any body else lie in the Room with you?

Wilkins. I undress'd myself, my Lord, so did the Girl too; we were in Bed about Half an Hour; I did not close my Eyes; the Girl got up and went down Stairs; whether she went down to the Necessary-House, or something I can't tell what: When the Girl went down Stairs the Candle was burning; the Prisoner took the Breeches from under my Head, and two Half Crowns In my Sight. My Lord, there was a Candle burning in the Room all the while. I would not have suffer'd her to rob me, but I was in Danger of my Life, for there was another Man that lay with her; I knew I was in a disorderly House. After the Girl that went down Stairs came up again, I said that Woman in the next Room has robb'd me; I got up, and saw a Man in Bed with her; she was only in her Smock when she came into the Room to my Bed-side, With that the Girl that lay with me slipt down again, and said that she would not lie under Danger for no such Whores, &c.

Q. How came she there; did you charge both these Women?

Wilkins. She that lay with me was charged as a disorderly Woman, no other Offence.

Q. Where was the disorderly Man?

Wilkins. The disorderly Man was along with the disorderly Woman; but he hopes he shall do so no more.

Q. So you did not struggle?

Wilkins. No, my Lord, I knew what Sort of Gang they were; I have heard it commonly said when I have been in Company with Parish Officers, &c.

Q. How came you to go to such Places ?

Wilkins. My Lord, I was to blame.

Jury. My Lord, we believe he has been there before now.

Q. What did she do?

Wilkins. She took my Breeches from under my Head, and took out two Half Crowns, a Shilling and a Six-pence.

Q. Pray what Clothes had she on when she came in to take the Money?

Wilkins. She came in her Smock, my Lord, into the Room; had nothing but her Smock and her Cap upon her Head.

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

Prisoner. When he miss'd his Money I desired he would search me; I had but one single Farthing in the World.

Court. (to Wilkins.) She ask'd you to search her Pockets.

Wilkins. No, my Lord, she ask'd me no such Thing.

Prisoner. He (Wilkins) said, D - n your Eyes you B - s, I have lost my Money among such a Parcel of B - s; but he could not tell by whom.

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

Ellison. I was call'd to take Charge of the Woman; when I came up Stairs this Woman was in Bed; she shut the Door against me, but I push'd it open; the Prosecutor told me he had lost his Money; the Woman said, if he had lost Buckles, or any thing, he should look about the Bed; he said, I charge that Woman with robbing me.

Q. Did he charge any other Woman?

Ellison. He charg'd the other Woman for being in Company with him.

Q. Was there any body else in the House?

Ellison. Not above, but there were two or three Women below.

Cartwright. I am Beadle.

Q. What do you know of the Prisoner at the Bar?

Cartwright. When the Woman was brought to the Watch-house, the Prosecutor charg'd that Woman, the Prisoner, with the Robbery, which he sent to Newgate, and the Woman that was a Bed with him to the Round-house.

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

Prisoner. Please you, my Lord, this Gentleman have went to Bed along with another Woman; he got up between Twelve and One o'Clock, and made a great Noise; this Woman here run away; with that he said, I will have one or t'other of you; he d - d, and said, I will have you.

Q. ( to Wilkins) what Money had you when you went in there?

Wilkins. I believe I had fourteen Shillings; I spent all to two Half Crowns and a Shilling.

Court. This Woman you say, that took your Money from you, had only her Shift on; did you over find the Money upon her?

Wilkins. I did not stir 'till the other Girl came up; I never attack'd her; she made the best of her Way, after she got the Money; she never was search'd.

Q. (to Elizabeth Smallman .) What have you to say in behalf of the Prisoner at the Bar?

Smallman. Please you, my Lord, I saw that Gentleman come in with two Women; my Mother keeps the House; they had been up Stairs a considerable Time.

Q. Was the Prisoner at the Bar one of the two?

Smallman. I never saw her in his Company; they had drunk a pretty deal of Liquor; both the Women that were with him sought about the Money they had of him; the Woman that got the Day he took up with him; and stripe and went to Bed; when he had been in Bed about three Hours, he call'd; I came up to him; he said he was very dry; the Woman that was in Bed with him had got from him; when I came up to him, he went to pay me; he took his Breeches, and he had no Money; he said, bless me, have I spent all my Money; so I fetch'd him up some Water.

Q. Did he charge the Prisoner?

Smallman. I never saw her in his Company. One of the Women that laid with him is committed as a disorderly Woman to Bridewell.

Q. Was the Prisoner at the Bar in your House?

Smallman. I never saw the Prisoner with him.

The Court censur'd the Constable and Watchman for not taking up the Man as well as the Woman.

Acquitted .

289. Anna Maria Leverstone , otherwise Jane Clark , was indicted for stealing three Linnen Shirts, Value 18 s. &c. the 18th of June last, the Goods and Chattels of Barnard Brograve .

Brograve. About the Beginning of June, I came up to London, and took Lodgings at Mr. Egleston's, Tobacconist in Fleet-Street; I pack'd up my Things in a Portmanteau to go in the Country: After I had been in the Country about three Weeks, I look'd for some of my Pocket Handkerchiefs, and I miss'd them; I miss'd three Shirts and five Handkerchiefs. When I miss'd my Shirts, I wrote to Mr. Egleston.

Q. (to Anne Egleston .) What have you to say concerning this Woman?

Egleston. Sir, the Prisoner was a Servant of mine about six Weeks; when I wanted a Servant, she came to me; I sent for a Character of her where she directed me. In the Time she was with me she took these three Shirts and five Handkerchiefs. When the Gentleman wrote to me, he said, if I could answer to the Maid's Character he would set down by the Loss. Her Master said she was a washing some Handkerchiefs; so she brought up a Handkerchief mark'd B. B. I told her (my Credit was at Stake as well as her's) and I desired she would be free and open, and let me know the whole; she told me, she had pawn'd the Shirts in Eagle-Street; she begg'd that I would let her have Money, and she would fetch them again; so we sent to the Pawnbroker's, and she had pawn'd them in the Name of Clark; she said her Husband used to pawn Things in the Name of Clark, and he had learn'd her the Way.

Q. (to George French .) Are these the Shirts that were pawn'd to you?

French. Yes, Sir; they were pawn'd in the Name of Jane Clark .

Q. Who had you these Shirts from?

French. The Prisoner, in the Name of Jane Clark .

Q. How much did she pawn them for?

French. Two for twelve Shillings, and one for Six.

Q. (to the Prisoner.) Have you any thing to say by way of Defence?

Prisoner. As I was packing up this Gentleman's Things (the Prosecutor's, ) his Brother came into the Room, and Mr. Brograve, the Prosecutor, told me to go out of the Room, said that he would pack up the Things himself, and in doing of it he left out these Things, and I thought I had as much a Right to them as my Mistress.

Guilty .

[Transportation. See summary.]

290, 291. Original March and Sarah Deacon , were indicted for stealing 14 lb. Weight of Hog's Bristles , the Property of Thomas Yeomans .

Q. ( to Thomas Yeomans .) Do you know the Prisoners at the Bar?

Yeomans. I never saw the Man but once before, but the Woman I know; I have two Parcels of Bristles here, about 14 lb. Weight; these Bristles, and some in the Bag, are mine.

Q. Where was this Bag and Bristles found?

Yeomans. These were sent to me by an unknown Hand, and the Bag was taken from the two Prisoners; that is all I have to say.

Q. (to George Stanley .) What have you to say?

Stanley. Nothing to say, my Lord, but that this Original March offer'd these Bristles to my Wife.

Q. Was you present?

Stanley. I was not present.

Q. Do you understand any thing of it, besides what your Wife told you?

Stanley. My Wife is a Person that sells Goods, Bristles, and Hair Brooms, &c. about the Streets. On this Side of Leicester-Fields, this Original March took Hold of the Handle of one of the Brooms, and ask'd her some Questions, and said that he had a large Quantity of Bristles to sell: I also saw him myself, and he offer'd these Bristles to Sale; I ask'd him what he would have for them, but he could not tell; he ask'd me what I would give for them, so that I found he was ignorant; not only so, but I thought within myself that they were stolen, because there is no Person that has such a Commodity but Brush-makers. He told me he had a large Quantity of these Hairs to dispose of, 5 or 600 Weight. I follow'd him the whole Day, but would not seize this small Parcel, in Hopes of finding the biggest. It was on the 25th of July; I was a whole Day with him, and spent my Money upon him. I went again the 26th, on Saturday Morning; when I came there he was a Bed. I order'd the Landlord to call him down; I ask'd him to drink; I said Mr. March, as you have such a large Quantity of Bristles to sell, I would have you let me see them; he said he had no more at that Time, but if I would take them in Part, he would make them up a Quarter of a Hundred, and that he had them for a Debt of a Gentleman that was then in Ludgate, which was false, for he had them of Mr. Yeoman's Maid in St. Thomas Apostles; She put the Bristles in this same Bag, and he (Original March) took them of her, in order to pay a Debt of Sarah Deacon 's, (the other Prisoner) to one Mrs. Collins, in Tyburn Road. I carried him before the Justice, and he said Sarah Deacon took the Hairs, and gave them to him. Then they were examin'd before my Lord, both of them own'd the Fact; one was committed to Newgate, and the other to Wood-Street Compter.

Court. Now recollect the very Words.

Stanley. As near as I can guess, the Woman said she took the Hairs, and gave them to O. March, and desir'd him to sell them to pay this Debt to Mrs. Collins.

Q. Did March say he saw Deacon take them and put them into the Bag?

Stanley. Yes, and that she gave them to him afterwards, and said, March, if you can take a few of these Hairs, and pay this little Money, if you have a Conscience that will do it; and March said Conscience be hang'd. The Prisoner Deacon said she was sorry in one sense, and yet glad in another; for if it had not been found out, Things might have been worse.

Jane Stanley , On the 24th of July this Original March overtook me (on this Side of Leicester-Fields) with Brushes, &c. He ask'd me what I could afford to give him for such Brooms without Handels; he told me he had a great many Brush Brooms of all forts; he said also that he had a great Quantity of Hairs on Account of a Gentleman that ow'd him Threefcore Pounds, that was in Ludgate. He took me to his Lodgings; when I came there I expected to see Brushes and Brooms, &c. so he brought me down that Bag with Bristles in them; he ask'd me 20 d. a Pound for them: I told him I believ'd they were worth more, but I told him I was not so good a Judge as my Husband, but I would send him in the Evening. My Husband went the next Morning, and spent the whole Day in order to have the other Quantity. March, the Prisoner, said he had kept Company with Sarah Deacon in the Way of a Husband, for four Years; that he lay with her at several Times, eight Nights in all; that she gave him these Hairs to pay a Debt to Mrs. Collins, which she borrow'd of her in her Necessity.

Q. (to Edward Speak ) What have you to say in this Affair ?

Speak. I have nothing more, than that I was present at the Time when the Goods were stopt. The Prisoner, whose Name is Original March, has acknowledg'd he had the Bristles from Sarah Deacon , Servant to Mr. Yeomans, in Thomas Apostles ; that he had lay'd with her frequently there, and that she went for his Wife, but he was never married to her; she used frequently to let him in after her Master was gone to Bed, and to let him out in the Morning before they were up, and the last Night she gave him these Bristles. When the Fellow was stopt, I knowing Mr. Yeomans, I sent Mr. Stanley to give him Information; he came back to let me know that the Maid was secur'd, accordingly they were carried before my Lord Mayor.

Court. Speak first as to March.

Speak. March acknowledg'd he had them from Mr. Yeomans's Maid, to pay a Debt to one Mrs. Collins.

Q. Did Sarah Deacon say any Thing?

Speak. At the Time she was much surpriz'd, but as it was done, she could not help it. She acknowledged she had given the Goods to Original March, and he was there that Night.

Q. (to Prisoner March) In the first Place what have you to say in your Defence?

Prisoner. This Woman, please you my Lord, had put up these Hairs in a Bag, and she said she had come honestly by them.

Q. (to Deacon) Have you any Thing to say by Way of Defence?

Katharine Yeomans. I am Wife to Thomas Yeomans ; all that I have to say of her is, that she is really capable of being a good Servant, and behav'd very well 'till she got into Company with this Fellow: He came into the House, and lay there when he took the Goods out. I believe he has been the Ruin of her, and, my Lord, I would pray that she may be forgiven.

Both Guilty .

[Transportation. See summary.]

292. Elizabeth Webster was indicted for stealing one Piece of Gold Coin, call'd a Six and thirty Shilling Piece, and another Piece of Gold Coin, call'd a Guinea , the Goods of William Marshall , the 12th of August .

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

Marshall. The Prisoner at the Bar with me about four Months, in which Time I lost several Sums of Money; upon which I mark'd some, in order to find it out, on Monday, (this was on Tuesday, the 12th of August); I had mark'd twelve Pounds, and put in my Desk, as usual; but a Gentleman came and paid me some Money, and brought me a Three-Pound Twelve-Shilling Piece; I gave him some Change out of it, and left it on the Desk all Night. I consulted proper Means to find it out; I suspected the Man more than the Maid. We contriv'd that her Mistress should send her down to get some Water, and in the mean Time she should examine her Pocket: Her Mistress follow'd her to the Kitchen Door, and ask'd her for her Pocket; upon which I found the Thirty-Six Shilling Piece and Guinea, which I had mark'd. Upon that I call'd my Wife's Father, Mr. Glass, who is here, and she acknowledg'd she had taken them.

Q. Who did she acknowledge it before?

Marshall. She acknowledged it before myself, my Wife, and my Wife's Father, Mr. Glass.

Q. (to Thomas Glass ) What have you to say in this Affair?

Glass. Mr. Marshall has often complain'd of the Loss of Money out of the Shop, from the Time mention'd, the 12th of August, on Tuesday Night, (I board in the House with him.) He look'd very dull, and told me his Cash came considerably short. I said, Are you sure that you have lost it; he said he told it the last Night, and To-day, and cast it up again, and found it three Pounds short of the Money, and had ticketed it down. I ask'd him if he mistrust'd any Body; he said he did not like his Maid, for no body had been in the Counting-House but her: But however, at Night, when I went up to my Chamber. I had not been there but a very little while, but my Son Marshall knock'd at the Chamber Door, and said, that he had found the Thief. When I went down to his Room, there was he and his Wife and Maid, together; he said he could forever it; with that the Maid cry'd, and said, she acknowledg'd she did take it, and if we would forgive her she would never do so any more; and she frankly did acknowledge that she did take Money from the first fortnight of her coming into the House, and that she had taken in all near thirty or forty Pounds.

Q. (to Elizabeth Marshall ) What do you know of this Affair ?

Elizabeth Marshall . I follow'd her down Stairs before I could get Courage to take her Pocket; but at last I did take it, and there I found the two Pieces of Money that were mark'd, and she fell a crying, and begg'd I would shew her Money, and she would confess every Thing that she had done.

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

Prisoner. What I said to you was only in a Fright; the Money you had of me was my own, what I borrow'd to buy a Gown; I am innocent of what my Mistress charges me with.

Guilty .

[Branding. See summary.]

293. Thomas Pennel was indicted for stealing five Yards of Genoa Velvet, Value 4 l. 4 s. four Yards three Quarters of Green Satin, two Yards and Half of Scarier Cloth, two yards and Half of Black Silk, and 1 d. 10 s. the Property of Benjamin Finch , the 25th of July last.

Q. ( to Benjamin Finch ) What have you to charge the Prisoner at the Bar with.

Finch. On Monday the 25th of July I was going out in the Evening; my other Servant, John Wilson , told me he saw some of my Goods conceal'd in a Cellar: So I went down into the Cellar, and saw them between the Ceiling and the Boards, but did not take any Notice of it that Night, but went to consult some Friends how I should act. I sent the Prisoner out the next Morning and then tax'd the Maid with it, as they were pretty great; and then I call'd all three before me, and said, One of you must be the Aggressor; come, Thomas, let me look in your Trunk; he said, with all his Heart; and there I found the Piece of Scarlet Cloth mention'd in the Indictment; upon which he confess'd the other Things.

Q. What did he say then ?

Finch. That he took the other Things: I ask'd him for what Use he took them; and he said, to wear. Then I said, it is not agreeable to your Character in Life, it would but expose you.

Q. What were those Things between the Board and the Ceiling ?

Finch. There was five Yards of Genoa Velvet, and two Yards and Half of Black Silk. After that I question'd him about the Watch he had bought; and he then confess'd he had taken a Guinea and a Half in Gold out of my Tiln, and in all about five Pounds.

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

Prisoner. No, Sir.

Q. (to Isaac Mallison ) What have you to say to this Affair ?

Mallison. I was there when the Cloth was taken out of the Trunk, and when the Prisoner confess'd it: He acknowledg'd he had cut that off, and likewise what Mr. Finch has mention'd, and that he had taken about five Pounds in Money.

Q. Did he say any thing about Money ?

Mallison. Yes, Sir, to the Amount of about five Pounds; with Part of which he bought a Watch.

Q. Have you any thing more to say?

Mallison. Nothing material.

Q. Did he mention any particular Pieces?

Mallison. A Guinea and Half at one Time, which he took out of the Desk, which was in order to pay for the Watch.

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

Prisoner. That it is entirely false and groundless.

Q. Have you any Evidences?

Prisoner. No; I trust to God and the Justice and Equity of this Court.

Guilty .

[Transportation. See summary.]

294. John Harrison was indicted for stealing four Glasses for Coaches , the Property of William Tayler , the 1st of August last.

Q. (to William Tayler ) Do you know the Prisoner at the Bar; have you any thing to lay to his Charge?

Tayler. I am the Man that had my Glasses stole; I advertis'd one Glass five Weeks ago.

Q. What Glass was it?

Tayler. A Machine Glass for Coaches. This Day five Weeks one Ward came to me and ask'd me if I had lost any Glasses, he said he had four brought to him; he ask'd me if I could swear to them; I said not, but my Man could: These four Glasses were brought to him by the Prisoner at the Bar.

Q. How do you know these were your Glasses? I ask you whether you know, from your own Knowledge, that you can swear to these Glasses?

Tayler. I can swear to one of the four, because I bought it myself.

Q. Were they in Frames, or out of Frames?

Tayler. They are for Coaches or Chariots.

Q. Why are you sure to that one?

Tayler. Because I had a Mark upon it that I knew.

Q. Where did you lose that Glass from?

Tayler. Out of my Shop, my Lord, the Prisoner work'd for me.

Q. When did you lose them?

Tayler. The 1st of August I believe I took the Man up.

Q. (to Mr. Tayler by the Council for the Prisoner.) Mr. Tayler, be so good as to tell me how long this Man had work'd for you?

Tayler. I believe he had work'd for me a Year and half.

Q. Pray, Sir, have you a Nephew transacts Business for you?

Tayler. Yes he does; one Francis Brown .

Q. (to James Ward .) Do you know the Prisoner at the Bar? What is it you have to say against him, with respect to the Crime laid to his Charge?

Ward. He brought these four Glasses to me and offer'd them to Sale; he brought some before, which I bought; he brought them the 30th Day of July; they are Glasses for Coach Doors.

Q. What is your Business?

Ward. Mine is Glass Business, and Gilding besides.

Q. When he brought them to you what did he bring them for?

Ward. He brought them to sell to me; he had brought some to me before, which I had bought; the first of his coming to me was the 26th of July.

Q. Did you buy any of them?

Ward. Yes, my Lord, I bought six of them, three on the 26th of July, and three more on the 28th or 29th, I can't tell which.

Q. Did he offer any on the 30th of July?

Ward. On the 30th he brought three more; then I saw that those Glasses had never been in the Glew of the Coach; those I bought before were old, so that I could not suspect them; but who I saw these to be new Glasses I agreed with him for a Price for them, and said, call again, Mr. Harrison, about Two o'Clock in the Afternoon and I shall be ready for you; I then went about to the Trade: I took a Receipt in the Name of John Harrison , because I had a Suspicion of their being stolen; then I went about the Trade to enquire whether they knew of any such Man; I went first to Clerkenwell, and from thence to Mr. Tayler's, who said Harrison was his Journeyman; then he asked me whether I had read an Advertisement he had put out the Day before; I said that I never saw any News till about Three o'Clock in the Afternoon; Mr. Tayler had offer'd ten Guineas Reward for the Glasses: I told him I had three Pieces for Glass that I suspected were stolen, whereupon he desir'd to see them, and after he had so done, requested that his Journeyman might look at them, I told him he might and welcome, that I never secrered any Goods. One Mr. Hall came along with him to see them.

Q. When was that?

Ward. The Day the Rebels were hang'd; I think the 30th of July. I shew'd them the four Glasses which were produced in Court.

Q. Had you all those four Glasses from the Prisoner ?

Ward. Yes. When Mr. Tayler saw them he could not be positive they were his; but desir'd his Journeyman might see them, who came down accordingly; but neither of them would swear to the particular Marks of the Glasses, except one of them.

Q. Do you know which of the four it was?

Ward. I cannot say my Lord.

Q. What follow'd after that?

Ward. Mr. Tayler sent down his Man to know whether the Prisoner had been with me; if not, he desir'd I would stop him when he came; but he had been with me, and I said to him, Mr. Harrison, I have a great Suspicion that you have not come honestly by these Goods; I'll stop them; he said very well, I will bring you Proof I have come by them honestly: Then Mr. Tayler sent for me to the Sun-Tavern in Holbourn, to know whether I had stopp'd him; I told him he had been there before he sent down to me, that I had not stopp'd him, but the Goods. I told him they might belong to other People as well as to him, and that I would advertise them, which I accordingly did, and the Advertisement was read in Court, viz. Stopped yesterday, four Coach-Door Glasses, supposed to be stolen; whoever applies to James Ward paying for the Advertisement, shall have them again.

Court. You mentioned before, that the Prisoner said he would bring People to prove he came honestly by them; did he come again?

Ward. Never any more; about two Days after I was sent for to him before Sir Thomas De Veil ; when I came before Sir Thomas I told him the Story.

Q. Did he say any Thing before Sir Thomas De Veil ?

Ward. No further than that Mr. Tayler's Kinsman gave him the Goods to sell for him.

Q. Did he name his Name ?

Ward. I can't take upon me to say whether he did or no.

Q. (to John Horn ) What do you know of the Prisoner at the Bar or the Fact ?

Horn. I was at Mr. Tayler's on Tuesday the 29th of July, and he was saying he had lost a Glass; we were at the Queen's-Head-Tavern, and I persuaded him to advertise this Glass. The next Day I went to Mr. Tayler's and Mr. Ward came in at the same Time; he said he had stopp'd four Glasses that he believed to belong to Mr. Tayler: Mr. Tayler was very cautious, he would not swear to them, and I persuaded him to send his Servant. Some Time after this I went along with him and Mr. Ward and he pull'd out a Receipt of John Harrison's of 3 l. 15 s. I saw one Glass that I could swear I sold to Mr. Tayler for 2 l. 6 s. one was a Looking-Glass.

Q. (to John Austin ) What is your Business?

Austin. I am a Glass-grinder to Mr. Tayler.

Q. Where did you leave this Glass?

Austin. In the Fore Shop.

Q. When did you see the Glass again?

Austin. We heard that Mr. Bonnet had bought it of Mr. Ward; I said to Mr. Bonnet, if it is my Master's Glass it is rubb'd at the Crop Corner End; Bonnet said he bought it of Ward, and he sent to him to fetch it again, as it was stolen Goods.

Bonnet. I bought the Glass of Mr. Ward; I gave 40 s. for it.

Q. When.

Bonnet. I can't say; but I think it was the Beginning of August.

Q. What became of that Glass?

Bonnet. I return'd it to Mr. Ward again, because Mr. Tayler's People said it was their Master's.

Q. (to Ward) Do you know any Thing of this Glass you sold to Mr. Bonnet.

Ward. Yes, my Lord. I bought it of Harrison, the Prisoner.

Prisoner. Please to ask Mr. Austin how he can speak to this Glass so particularly.

Austin. Because it has such a particular Mark that there is not one in a Thousand like it; I went to look on these Glasses but could not swear to them; but this Glass I could speak to, one Side of it being plain, and on the other there is a Roughness, &c.

Jury. I understood that the Prisoner own'd the Glasses, but that he had them of Mr. Tayler's Nephew ?

Q. (to William Heritage ) What are you.

Heritage. I have been a Journeyman to Mr. Tayler almost eight Years.

Q. Is there any Glass here you can swear to?

Heritage. Yes.

[The Evidence Heritage swore to three out of the four, and that he put a Diamond to them.]

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

Prisoner. Please to ask him what particular Mark he can swear to the three by, and not to the fourth ?

Heritage. A Flaw on the contrary Side, and a particular Mark at the Corner of the other.

Prisoner. Would you ask him whether he never saw such a Fault in a Glass before?

Heritage. Not in the particular Place where that is.

Prisoner. Please you my Lord to ask him how long he work'd those Glasses for Mr. Tayler ?

Heritage. It might be about a Fortnight before they were clandestinely taken out of my Master's Shop.

Q. How long from this Time?

Heritage. About six or seven Weeks.

Q. Was this the Glass you work'd at Mr. Tayler's.

Heritage. Yes.

Q. Do you know they were not sold?

Heritage. Not by Mr. Tayler; for they were not fram'd.

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

Prisoner. Please you, my Lord, it is a malicious Prosecution; Mr. Tayler's Nephew knows that I had all these Glasses from him.

Q. (to John Thompson .) What have you to say in behalf of the Prisoner? Do you know Mr. Brown?

Thompson. I have seen him once or twice.

Q. Was he in Company with John Harrison ?

Thompson. He was in Company with John Harrison at one Mr. Quee; I went down to my Officer to throw up my Pay, that I might get to work; I saw there the Prisoner at the Bar drinking alone; he said to me, Mr. Thompson, how do you do? By and by in comes this Man, (pointing to Mr. Brown) and Harrison the Prisoner said to him, What do you mean by throwing such a Scandal upon me by bringing Glass to my Wife? she has been taken up upon that Account; but, said Brown, did not I get her discharg'd ? Brown told him, that if he did not get out of the Way he would deny it; and offer'd him some Money.

Q. What did Harrison say to him when Brown advis'd him to go out of the Way?

Thompson. He said he would not go out of the Way.

Q. What Money did he offer him?

Thompson. I can't tell the Sum; I heard him say he would give him Money; but what it was I cannot tell.

Q. How long have you known the Prisoner at the Bar?

Thompson. About three Quarters of a Year.

Q. (to Eleanor Hall.) Do you know the Prisoner and Mr. Brown? Tell us what you heard pass.

Hall. I went to see Mrs. Harrison the Day after St. James's Day, the 26th of July; she was very ill, and desir'd me to stay and drink a Dish of Tea: While I sat there Mr. Brown came up with three Glasses under his Arm, and ask'd if Mr. Harrison was within; he said, lay these Glasses by, Mr. Harrison don't go out, I shall call by and by. In about an Hour after he brought four more of a larger Size, and desir'd they might be laid by. The Tuesday following I went to see Mrs. Harrison, as she was so ill. Mr. Brown came up the same Morning, and said to Mr. Harrison, go do down to Mr. Ward's in Holbourn with these three Glasses, and get what Money you can for them.

Q. Did he take the three Glasses?

Hall. Yes, he took them and went down with them.

Q. Do you know any thing more?

Hall. Mr. Harrison return'd again in about an Hour; I saw no more of Mr. Brown till about Three o'Clock.

Q. Where did you see Brown?

Hall. I staid with Mrs. Harrison all the Time; about Three o'Clock Mr. Brown came again, and he ask'd him what Money he got for them. Harrison said, what I have you shall have, and put his Hand in his Pocket and took out three Guineas in Gold, four Half-Crowns and two Shillings, and said he had given a Receipt to Alard; then Brown said he must go with the other Glasses To-morrow Mornin g.

Q. Where do you live, Mrs. Hall?

Hall. I live in Queen-Street.

Q. Are you a House-Keeper ?

Hall. No, Sir, I am a Lodger; I am a Woman that follows Washing and Scouring.

Q. If you are a poor Woman, how could you waste three or four Hours to make a Visit ?

Hall. I don't go out every Day; but when I hear of a Friend's being ill and in Distress I go to see them.

Q. (to Katherine Spence .) Do you know the Prisoner, John Harrison , and Mr. Brown ?

Spence. I am a Woman that sometimes get my Bread in the Streets and sometimes at home; as I was coming from Clare-Market with Goods I met with my Baker; he said, how do you do, Mrs. Spence, have you got any Money for me? I said, my Husband is not come from the Pay-Table, but I will give you what Money I have, which was about five Shillings; so he ask'd me to go in and drink; the Prisoner at the Bar was standing by, and bought a Half-penny worth of Plumbs of me; he lives at the Tea Cannister; the Man brought a Pint of Beer to my Barrow, the next Door but one to the Place where Mr. Harrison lives; while I was drinking Brown came and brought four Glasses under his Arm: Says Harrison, What must I do with them? Brown says, take them to your Lodgings and I will tell you what you shall do with them on Wednesday. That is all I know of the Affair, good or bad.

Q. What is your Husband?

Spence. A Bricklayer; we live in a House of eleven Pounds a Year.

Q. (to George Weaver .) Where do you live, and what is your Business?

Weaver. I am a Glass-grinder; I live in Parker's Lane, near Drury-Lane, Queen-Street.

Q. How long have you known the Prisoner at the Bar?

Weaver. About three Years; when he first came to Town he serv'd me for a whole Year, the Year before he went to Mr. Tayler's; he was a very sober, careful industrious Man; I never heard any Harm of him.

Q. (to Daniel Long .) Where do you live?

Long. In Parker's Lane; I have liv'd nineteen Years in one House, just facing the House where Mr. Harrison works; I have known him a Year and a Half, and never heard any Harm of the Man in my Life.

Q. (to William More .) Where do you live?

More. In Drury-Lane; my Business is a Gold and Silver Lace Weaver; I work'd for the King's Lace-man, but now for Mr. Hul at Charing-cross, and I tell you, Gentlemen, I never heard a Word amiss in his Character in my Life.

Q. (to Frances Mitchell.) Where do you live?

Mitchell. In St. Giles's.

Q. What Character has the Prisoner at the Bar?

Mitchell. He lodg'd in my House Half a Year, and I never heard any Ill of the Man in my Life; he was as Pains-taking a Man as ever I knew in my Life.

Q. (to Walter Murphey .) How long have you known the Prisoner and Mr. Brown?

Murphey. Mr. Brown came to my House; his Business was with Mr. Harrison; he desired that he would go away, for his Uncle had miss'd some Glass, and he would take him up.

Q. What is your Business?

Murphey. I am a Marshal's-Court-Officer.

Q. When was this?

Murphey. A Day or two before he was taken.

Q. Where was this that Brown came?

Murphey. At the Bull in Peter's-Street, Clare-Market.

Q. When he came there, who did he ask for?

Murphey. He ask'd for Harrison; he said his Business was with him, for to go out of the Way, because his Uncle had miss'd some Glass, &c.

Q. What did he tell you?

Murphey. He told me, if Harrison did not go out of the Way, his Uncle would take him up. The Friday following Harrison was taken to the Gatehouse; on Saturday following Brown came to that House again; he said, I advised him to go away, now the Villian has brought my Name in Question, I'll spend an hundred Pounds to have him hang'd for making use of my Name.

Q. How long had you known Mr. Brown?

Murphey. Not above two or three Days; he spoke to me at the same time to advise Harrison to go away.

Court. Has the Prosecutor any thing to say by Way of Answer to this ?

Tayler. Please you, my Lord, Brown is my Nephew, my Wife is her Aunt; I trust him with thousands of Pounds, &c.

Acquitted .

295. Susannah Mc Kensey was indicted for stealing one Worsted-Damask Waistcoat, and a Silver Watch, the Goods of John Davis , taken out of the Dwelling-house of John Morris the 13th of July .

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

Morris. She came into my House one Night with a Man; they came as Man and Wife, and ask'd for Lodging.

Q. Where do you live?

Morris. In Charles-Street, St. Giles's .

Q. What have you to say to the Prisoner ?

Morris. She ask'd if her and her Husband might have a Lodging.

Q. When did she come?

Morris. The 13th of July last.

Q. What was your Answer?

Morris. I told her I had; immediately they order'd a Candle and went to Bed; they did not stay a Quarter of an Hour; they hired one Pair of Stairs backwards; they hired it for no time but that Night. He that she call'd her Husband was along with her; so that I went to Bed, and made all fast.

Q. What then ?

Morris. After they had been in Bed and put out the Candle, I goes to Bed about Twelve o'Clock.

Q. When did they go to Bed ?

Morris. About Eight or Nine.

Q. What then?

Morris. So about Break of Day the Man knocks at my Room Door, where I lay; then I got out of Bed, and he told me he had lost his Waistcoat, his Watch and Money. How can that be, said I; why, there is none could come in there? I ask'd him how he lost it? He said, the Woman was gone that came along with him as his Wife.

Court. So he lodg'd in your House that Night.

Morris. Yes.

Q. Who took the Lodgings?

Morris. She took the Lodgings.

Q. Was he by; did he say any thing at all to the contrary.

Morris. No, he said nothing at all to the contrary. When he told me that he was robb'd, I said, how can that be, I had made every Place of the House secure. So I immediately got up. He said, the Woman is gone from me; I said, I thought she told me last Night that she was your Wife. So I gets up, thinking I should find her in some of the Rooms of the House. When I went down Stairs, I found the Shop secure, and the Back-Door secure, every Place secure, except the Yard-Door; that I left bolted when I went to Bed; so when I went down, I found the Door half shut and half open; then I went into the Yard, and I found the Track of Dirt from her Shoes on my Water-Tub; so I went into the Yard of an empty House, and some of the Threads of her Stockings stuck upon the Pales, and I found that Yard-Door broke open; that Yard-Door went into an Alley. About Ten o'Clock she was found.

Q. Did you find any thing upon her ?

Morris. Yes, we found something that belong'd to the Watch.

Q. How far did you find her from you?

Morris. She had made her Escape from me; she was brought before Sir Thomas, and there I saw her.

Q. What was the Thing that you found upon her that belong'd to the Watch.

Morris. An Ear-drop, it was found in her Bosom. Whilst I was hunting after her, my Maid-servant, going up to make the Bed, found the Waistcoat, ripp'd at the Top, where Davis had put his Watch and Money.

Q. Are you sensible this is the Man that came in with that Woman as his Wife?

Morris. This John Davis is the Man that went to-bed with that Woman as his Wife.

Court. Well, in Point of Law, a Woman can't steal Things from her Husband.

Q. Did he say that he was not her Husband?

Morris. He did not.

Q. (to John Davis ) What have you to say to Susannah, the Wife of Robert Mc Kensey ?

Davis. What I have to say, please you, my Lord, I was going home from the House of Call; at the End of Long-Acre I met this Woman, the Prisoner; she ask'd me to treat her; I said, Woman, if I go to bed with you I will give you something: She said, Will you go to a Publick-House by, or to my own Lodgings? I said, I will go to your Lodgings, if you lodge by here; and went to Mr. Morris's, (here present) and had something to drink, and I paid for it; then we went up one Pair of Stairs, and she went down again for a Pint of Small-Beer; in the mean Time I pull'd my Cloaths off my Back, and put my Money and Watch, and other Materials belonging to it, in the Lining of my Waistcoat, and I went to bed with her. When I awak'd in the Morning, my Waistcoat, and all that I put in it, was gone.

Q. What was your Waistcoat?

Davis. Damask.

Q. What your Watch?

Davis. A Silver Watch, with a Silver Chain, and nineteen Shillings in Money: Also, I put a Pair of Silver Buckles, and an Ear-drop that was hanging to the Chain of my Watch.

Q. What did you do with your Waistcoat?

Davis. The Waistcoat was in my Coat, left on the Chair at-the Bedside.

Court. Then she went to-bed with you.

Davis. I went to-bed, and she came to-bed to me.

Q. When you awak'd in the Morning, what then?

Davis. I miss'd the Woman, the Waistcoat, and all that I put in it. I went down Stairs, seeking for a Place to get out, but found none; I then knock'd on the Floor, and found a Man and Woman lying together; I apply'd to the Landlord to let me have my Things, for God's Sake, and said I was ruin'd, and must not shew my Face any more; said he, I will do my Endeavour to get your Waistcoat again.

Q. Did you get your Watch or Money again?

Davis (answering very mournfully) No, my Lord.

Q. How came you to indict her for stealing your Waistcoat, when she left that, and it was produced before the Justice?

Davis. I don't know how that came.

Q. Have you any thing more against her?

Davis. She was the only Person that carried me into the House. The Door was fasten'd when we went to bed, by setting a big Chair against it.

Court. Then that was the only Fastening the Door had, the Chair put against it.

Davis. Yes.

Q. Is that the Ear-drop ?

Davis. This is the very Thing.

Q. (to Elizabeth King ) What are you?

King. My Husband being a Constable a Warrant was brought to me; I was desir'd to go before Sir Thomas De Veil , they telling me the Prisoner was there; I went, and Sir Thomas order'd to search her, and she desir'd it might be by one of her own Sex; upon searching her was found this little Heart, or Ear-drop: The Colonel ask'd, who that belong'd to, and how it came there? she said she did not know, it flew into her Bosom, as far as she knew, for she knew not how it came there.

Q. (to Jane Morgan ) What do you know of this Matter?

Morgan. I know nothing more of it, than that the Justice order'd me to go to Mr. Morris and fetch the Waistcoat, and desir'd me to keep it till the Trial: The Waistcoat was produced, with the Lining ripp'd by the Prosecutor to secure his Watch and Money, &c. and the Woman's rip at the Bottom to get it out.

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

Prisoner. He was with me last Sunday se'nnight; he said then, that he would not appear against me. He knew that he had the Watch afterwards, spent eight Pence upon me, and said he would not hurt me, and would fain have gone to-bed there at Clerkenwell.

Acquitted .

296. Robert Parry was indicted for stealing two Linen Sheets, Value 2 s. 6 d. the Goods of Michael Henderson , the 8th of July .

The Prosecutor nor Witness not appearing he was Acquitted .

297. Martha Scarborough was indicted for stealing two Damask Napkins , the Goods of Elizabeth White , the 16th of July last.

The Prosecutrix not appearing she was Acquitted .

298. Catherine Downes was indicted for stealing nineteen Pounds Weight of Cheese , the Goods of William Lovatt , the 19th of August last.

The Prosecutor not appearing she was Acquitted .

299. Mary King was indicted for stealing, on the 22d of July , one Pair of Child's Stays, twelve Pence, one Holland Gown , the Goods of James Flanagan .

Neither the Prosecutor nor Witness appearing she was Acquitted .

300. Daniel Bodemeyer was indicted for stealing one Silver Tankard, Value 5 l. out of the Dwelling-House of Henry Burk , the 18th of July last.

Q. (to Henry Burk ) Do you know the Prisoner at the Bar, Daniel Bodemeyer ?

Burk. On the 18th of July the Prisoner came into my House, and call'd for a Pint of Beer ( at the Two Chairs the Corner of Warwick-Street, Charing-Cross ); two Gentlemen were drinking a Tankard of Beer at the same Table: These two Gentlemen went out and left the Tankard upon the Table; I know it, by reason they came to the Bar to me, and said, Burk, take Care of your Tankard.

Q. Did you see the Tankard after they were gone?

Burk. When I came to my Wife, I ask'd her if she had taken the Tankard; she said, No: She said Yes, at first.

Q. Did you see the Tankard after the two People had drank ?

Burk. I did not.

Q. Did you go backwards to carry any Thing?

Burk. I went out of the House to carry a Pot of Beer; when I came in again I miss'd the Tankard.

Q. Was the Prisoner at your House when the Tankard was miss'd.

Burk. I know he took it away with him.

Q. Where did you find your Tankard again?

Burk. I found it under his Head in the Bed.

Q. Where did the Prisoner lodge?

Burk. He lodg'd in Robin Hood's Court in the Strand.

[The Prisoner was a Foreigner, therefore answer'd by an Interpreter.]

Court. Mr. Interpreter, tell the Prisoner at the Bar, what this Witness has sworn, that he was at his House the 18th of July; that he took away a Tankard from thence; that they went to his Lodgings and found him in Bed with the Tankard under his Head: Now ask him what Questions he would ask Mr. Burk ?

Interpreter. He has no Question to ask but for Mercy.

John Lamburt . The same Evening Mr. Burk brought me a Search Warrant, I went along with him to this Man's Lodgings, where we found nothing; after that I desir'd him to get out of his Bed, so between the Bed and the Sacking was found the Tankard.

Interpreter. He has nothing to say but that he begs for Mercy, and that he was drunk. Gentlemen, he tells you he is a Lieutenant in the Hanoverian Service .

Guilty .

[Transportation. See summary.]

301. Mary Smith was indicted for stealing a Pair of Worsted stockings , the Goods and Chattels of Richard Combs .

Daniel Fryer . What have you to charge the Prisoner at the Bar with ?

Fryer. She came the 6th of last Month to our Shop at Holbourn-Bridge , to Mr. Combs's Shop; she ask'd to see a Pair of Stockings; this would not do, nor the other do; she wanted a particular odd Colour: While I was looking them out, she says you need not trouble yourself, I have fix'd upon a Pair I like very well; I am going to Mrs. Harrison's; my Mistress heard her, for she has been an old Offender at our Shop. My Mistress said follow her; accordingly I did, but instead of going over to the Upholsterer's Shop, she went up Shoe Lane; she cross'd up a narrow dark Entry: I follow'd her, and ask'd her if she had not got a Pair of Stockings; she said I should search her. Whilst she was fumbling she dropt a Pair of Stockings, so I happen'd to see them. I said here are the Stockings which you took from our Shop; she said they stuck to her Apron, for she did not know how they came there. She was ask'd by my Lord Mayor, what Money she had in her Pocket? She answer'd she had none but a few Half-pence.

Q. Was she acquainted with your Shop at all?

Fryer. She has been at the Shop two or three Times; we have two or three Memorandums that we can prove she stole Stockings before.

Q. (to Edward Spink ) What do you know of this Matter?

Spink. This Man following the young Woman, and overtaking of her, I was sent for; when these Stockings were brought to me, they were a little wet. When she was brought before my Lord Mayor, he said are you not a fine Lady to go into a Tradesman's Shop without Money.

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

Prisoner. I have none at present.

Guilty .

[Transportation. See summary.]

302. Mary Fountenow was indicted for stealing 13 Handkerchiefs, 12 Cotton, and 1 Silk , the Goods of Rebecca Powel , the 21st of July .

Q. (to Rebecca Powel ) What have you to lay to the Charge of the Prisoner?

Powel. She came to my Shop on the 21st of July.

Q. What Shop do you keep?

Powel. A Pawnbroker's.

Q. What Time did she come?

Powel. Between Nine and Ten o'Clock: She ask'd for a Linnen Handkerchief, so I reach'd down all my Handkerchief, and there was none to be found in her Name. Then she told me that she wanted a Saucepan that was had for Sixpence; I told her I had no such Thing in my House, but I said to satisfy her I would look; while I went backward to look, (it might be about ten Minutes) as soon as I return'd into the Shop, I saw her going out with that Bundle of Handkerchiefs I took upon her.

Q. Where is the Bundle ?

Powel. The Officer has it. I carried her to the Watch house.

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

Prisoner. I don't chuse to take my Trial 'till my Things are deliver'd to me.

Q. What Things? To have her Things deliver'd to you?

Q. (to Nicholas Duke ) What are you?

Duke. I am Headborough.

Q. Do you know any Thing at all of the Prisoner?

Duke. The Prisoner was brought to the Watch-house by Mrs. Powel the 21st of July; Mrs. Powel desir'd I would take Notice what Things she had upon her.

Q. Was the Bundle open'd ?

Duke. I took the Things one by one by the Desire of Mrs. Powel.

Q. Did Mrs. Powel lay Claim to them?

Duke. Mrs. Powel laid Claim to them all.

Q. What did the Prisoner say ?

Duke. Not one Word, my Lord.

Guilty .

[Transportation. See summary.]

303. Anne Goulder was indicted for stealing a Linnen Cap, Value 6 d. two Linnen Aprons, Value 8 d. a Callimanco Petticoat, and 7 s. in Money , the Goods of Thomas Rose . The Prosecutor not appearing she was acquitted .

304. Mary Dobins was indicted for stealing a Holland Shirt, Value 1 l . the Goods of Henry Walbank .

Acquitted .

305 John Pagon , otherwise Pidgeon , was indicted for privately stealing, on the 3d of August, a Silver Watch, a Seal set in Silver, and a Watch Key , the Goods of Alexander Denker .

Q. (to Alexander Denker .) What have you to say against the Prisoner at the Bar.

Denker. In the Place call'd Spring-Garden Gate I lost a Silver Watch.

Q. When was that?

Denker. Between Eight and Nine o'clock on Sunday Night.

Q. Was there any Thing to the Watch?

Denker. A Seal set in Silver and a Key.

Q. Whose Watch was it?

Denker. It was my own.

Q. How came you to lose it?

Denker. When I came into the Passage there was a pretty great Crowd, and I was in a manner pinnion'd up.

Q. When did you look upon your Watch before?

Denker. Just before I put my Hand upon my Fob and saw the String of my Watch.

Q. How long after did you miss it?

Denker. In less than eight Minutes time; that Woman ( Eleanor Morral ) declar'd upon her Oath she saw that Man (the Prisoner) take it out of my Pocket.

Q. Do you remember seeing the Prisoner in the Crowd?

Denker. I remember seeing a Man of his Size; but I will not swear that he is the same Person.

Q. What Justice was you before.

Denker Justice De Veil.

Q. When was it that you was before Sir Thomas?

Denker. On Monday, at Eleven o'clock, I was last before Sir Thomas De Veil ; I went also to the Gatehouse by Sir Thomas's Direction.

Q. When.

Denker. It was on Friday, when the Advertisement was put out that any Person who had lost a Watch might there see the Prisoner.

Court. Then you went to the Gatehouse ?

Denker. Yes, I went to the Gatehouse, to the Woman that saw the Prisoner take the Watch out of my Pocket; when I got there I ask'd for the Prisoner that had been committed by Sir Thomas De Veil ; so Eleanor Morral came and sat by me; she said that one Pidgeon, who was in Clerkenwell Bridewell was the Man that took the Watch out of my Pocket.

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

Prisoner. My Lord, ask him if on Friday last in the Evening he did not come to Clerkenwell.

Denker. I was there, my Lord, and I ask'd which was the Pickpocket that Sir Thomas had committed; Jones told me that he (the Prisoner) was the Man.

Prisoner. This Witness told me that he was the Person who had lost his Watch, and that if I would give it him again no more should come of it. My Lord, he said it was that Day se'nnight when he lost it.

Q. (to Denker.) Did you say it was the Friday before that you lost the Watch?

Denker. I said the 3d Day of August.

Court. Then you did not say it was the Friday before?

Denker. I did not, upon my Oath.

Q. (to Eleanor Morral .) What have you to say against the Prisoner at the Bar ? Do you know him ?

Morral. I have known him for five Months.

Q. What do you know of him ?

Morral. I know him to be a noted Thief and a Pickpocket.

Q. What have you to say to the particular Fact for which he is indicted ?

Morral. I saw him rob the Man that was here but now (Denker) of his Watch.

Q. When was it that you saw the Prisoner take the Watch from Mr. Denker?

Morral. It was last Sunday was a Month; he took it from him in the Passage to St. James's-Park, call'd Spring-Garden Passage; and he had seven more that Night: He gave it to his Wife, and she gave it to me.

Q. Upon what Occasion was you there?

Morral. I was a Servant to this Man and his Wife; I went a thieving as well as himself.

Q. Who was there besides ?

Morral. One Thomas Case and his Wife.

Q. Well, what became of it afterwards?

Morral. They took it from me at the King's Arms Tavern on Ludgate-Hill; that is the House they used to go to; the Man that keeps the House has but one Eye.

Q. Who went to the King's Arms Tavern ?

Morral. This Man and his Wife.

Court. Then you saw the Prisoner at the Bar take the Watch?

Morral. Yes.

Q. What Watch was it?

Morral. A Silver Watch with an all green Riband, a Silver Seal and a Key to it; and two more that had no Seals to them, which I had in my Custody.

Q. When did you make this Discovery?

Morral. On Thursday se'nnight.

Q. How came you to make it?

Morral. I went of my own Accord before Sir Thomas De Veil .

Q. After you had made the Discovery what became of you then?

Morral. Sir Thomas order'd me to be sent to the Gatehouse for an Evidence.

Council for the Prisoner. I would desire to know how she came to be so particular with regard to this Watch ?

Morral. Because I had three Watches in my Custody the same Night.

Council. Pray how came you to make this Discovery at all; or how came you not to do it sooner? had you any Quarrel with the Prisoner?

Morral. I did not abuse to go any longer with the Clan.

Council. How long have you been in the Clan ?

Morral. Three Months, going on sour.

Council. I with you had left them sooner. I would ask you how you came to make it at that particular Time?

Morral. I did not care to go on in that Course of Lase any longer.

Council. How came you to be so particular as to Denker? When he came to the Gatehouse, did he speak to you first, or you to him ?

Morral. I spoke to him first.

Q. (to - Denker) You lost a Watch, What was to it?

Denker. A green Ribband.

Q. Was it a new one ?

Denker. It was an old one, very much soil'd.

Q. Pray, when you went to the Gatehouse, did the Woman speak to you first, or you to the Woman ?

Denker. The Woman spoke to me first.

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

Prisoner. This Woman I had no Acquaintance with; she was an Acquaintance of my Wife's. I am lately come from Lisbon. I married my Wife in the Commons of England in April last; she and this Woman sell our; she stole her Hoop-petticoat, and when she found her she bear her. Please you, my Lord, she also said, before Sir Thomas De Veil , that it was a Gold Watch.

Morral. I did not say any such Thing.

Sir Thomas De Veil 's Clerk being present reply'd to the Prisoner.] Mr. Pagon, this was nor upon that Aft; that is a Thing that happen'd since.

Q. ( to Mary Copeland ) What have you to say of the Prisoner ?

Copeland. I work'd for the Prisoner's Wife.

Q. Do you know of any Quarrel between this Woman and the Prisoner's Wife?

Copeland. There has been no Quarrel as I know of.

Smith. The Evidence said she was a Servant of the Prisoner's.

Copeland. I have work'd these four Months for the Prisoner's Wife, and I know of no Servant that they keep; this Woman used to go backwards and forwards; I heard of her going away with a Petticoat.

Q. (to Edward Johnson ) What are you?

Johnson. I belong to the Maryland Brig.

Q. Are you in the Pay of that Ship now?

Johnson. Yes.

Q. What do you know of the Prisoner at the Bar?

Johnson. I knew him at Lisbon; he was the Master of the St. Philip; I saw the Prisoner there on Shore with English and Dutch Merchants.

Q. How long was this ago?

Johnson. I believe 'tis better than four Months ago, and believe that he is now entitled to a pretty deal of Prize-Money: He always bore the Character of an honest Fellow.

Q. How long did you know him at Lisbon ?

Johnson. I knew him about six Weeks there.

Q. (to Anne Field ) What is your Profession?

Field. I pick and work Hair. The Prisoner has lately come from Sea; and when he courted and married this Woman he said, when he took his Money he would make her a happy Woman; I never saw any Thing amiss in his Behaviour. He bespoke a Grizzle Wag of my Husband, and he honestly paid for it.

Q. Have you known any thing of him within these two Months ?

Field. I have a Mantua-maker lodges in my House, and she made two Gowns for his Wife.

Q. Is this the Mantua-maker, Mary Copeland ?

Field. Yes, she is the Mantua-maker.

Q. Do you know this Woman, ( Eleanor Morral ?)

Field. I have seen this Woman come to Mr. Pagon and his Wife several Times.

Anne White . I was a Servant to the Prisoner before he went to Sea, I have known little or nothing of him since.

Guilty .

John Pagon , otherwise Pidgeon, was a second Time indicted for stealing a Watch , the Property of John Overy .

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

Overy. I was coming thro' St. James's-Park , and my little Girl with me; between Spring-Gardens and the Door somebody gave me a Blow over my Breast, then took my Girl out of my Hand, then I lost my Watch.

Q. When was this?

Overy. Last Sunday was a Month, about Eight o'Clock at Night.

Q. What was the Watch?

Overy. A Silver one.

Q. When did you see or feel your Watch last before you lost it?

Overy. I know I lost it in that Place.

Q. When did you feel for your Watch before ? Can't you tell whether you look'd upon you Watch an Hour before, or what Time ?

Overy. I had it I know a Quarter of an Hour before.

Q. Had you been in any Crowd before ?

Overy. No, Sir.

Q. Who took it from you, do you know?

Overy. No, my Lord.

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

Prisoner. I would willingly be inform'd who could put him upon this villainous Prosecution?

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

Morral. My Lord, coming thro' the Park I saw him take this Watch from the old Man, and the Child out of his Hand.

Q. When was this?

Morral. Last Sunday was a Month, my Lord; I saw him take the Watch; he gave him a Punch, and then took the Watch; the Child cry'd out, and said, Daddy; and I said, here's your Daddy.

Q. Did you see him take it away?

Morral. Yes, at the same time; and he gave it to his Wife, and she gave it to me. When the, Man came into the Gaol, I knew him at once; this is the Man, I don't know his Name.

Q. Upon his coming, did he speak to you first, or you to him?

Morral. I to him.

Q. Did you know him again?

Morral. Yes, my Lord, tho' he had different Clothes on.

Q. What did you say to him?

Morral. I ask'd him, whether he did not lose a Watch, an old-fashion'd Watch; he ask'd me how I came to know him; I said, I knew him by his little Girl; and tho' the Girl came to me in a Disguise Yesterday, yet I knew her; he had the Clothes he has on now, a Claret Colour.

Q. Did you ask him if he had a Child with him?

Morral. Ask himself, my Lord, whether I did not?

Court. But I now ask you.

Morral. Yes, my Lord. My Lord, there was not six Minutes 'till he had three Watches. I said the Child had a white Gown on then.

Q. What became of that Silver Watch?

Morral. What became of it! You put me to a hard Task to know what became of it; I gave it to Pagon's Wife again.

Q. Where did you go afterwards?

Morral. To the King's-Arms Tavern on Ludgate-Hill.

Q. Was this the same Night that Denker's Watch was taken ?

Morral. Yes, the same Night; there were seven Watches that same Night.

Q. Have you any thing more to say?

Morral. Nothing more.

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

Prisoner. 'Tis surprizing as she had so many Watches in her Care that she never kept none.

Q. (to John Overy .) Did you go to Sir Thomas De Veil to get Intelligence?

Overy. Yes, and he told me to go to Bridewell to speak with this Woman.

Q. When was it you went?

Overy. The Monday or Tuesday after I lost my Watch.

Q. When you went to Bridewell, who did you see there? Did you speak to that Woman first, or she to you?

Overy. She said she knew me directly.

Q. What Coat had you on when you went to this Woman in Bridewell?

Overy. A white Coat.

Q. What Coat had you on when you lost your Watch?

Overy. This Coat I have on now.

Q. What was it the Woman told you when you was in Bridewell?

Overy. She told me the Man gave me a Blow, &c.

Q. Did she say any thing to you when your Watch was taken from you of your having any Child with you, or did you mention it to her before?

Overy. No, she mention'd it to me first?

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

Prisoner. I desire to know when that Woman was committed?

Q. (to Henry Walbank .) What are you?

Walbank. I am the Keeper of Clerkenwell Bridewell.

Prisoner. What I want to ask him is, what Time Eleanor Morral was committed to Bridewell?

Walbank. To the best of my Remembrance it was last Friday; she was sent first to the Gatehouse as an Evidence.

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

Prisoner. My Lord, all that I have to say is, that she is a villainous Woman, and it is a malicious Prosecution.

Q. (to Mary Harris .) What is your Business?

Harris. I keep a Publick House, the King's-head in Holbourn.

Q. Do you know the Prisoner at the Bar?

Harris. I have seen the Prisoner; I have known him since May last.

Q. Have you been intimately acquainted with him? how often may you have seen him?

Harris. It may be twenty Times a Week he may have been in my House, and had a very good Character; the Sailors shew'd him a great deal of Respect. I don't know his Neighbourhood. When he came to my House, the Sailors, and so did the Gentlemen, used him with a great deal of Respect.

Q. (to William Griffiths .) What do know of the Prisoner? where do you live?

Griffiths. In Horton-Street, the Corner of New-Inn Passage.

Q. How long have you known the Prisoner?

Griffiths. I believe, about seven Years.

Q. Have you known him of late Years?

Griffiths. I have seen him several Times since April last.

Q. What has been his general Character?

Griffiths. I never heard any thing bad of it before this; I have been in his Company a great many Times.

Q. (to Richard Young .) Do you know the Prisoner?

Young. I know him, Sir; I live at home with my Father, who keeps a Pawnbroker's Shop; he has sent some Clothes to my Father to pawn, and came with the Person to take t hem away, and paid for them.

The Woman ( Eleanor Morral ) desir'd the Pawnbroker might be ask'd if the Prisoner ( John Pagon ) had brought no Watches there to pawn.

Guilty Death .

306. Anne Stracey was indicted for stealing a Pair of Copper Scales, Value 2 s. the Goods of Richard Stratford , the 8th of August .

John Egelston. Please you, my Lord, she came this Day se'nnight to my Master's Shop, Mr. Stratford; she came for a Quarter of a Pound of Plumbs, and whilst I was serving of her, she took these Scales from off the Compter.

Q. Did you see her take them?

Stratford. I did not see her; I stopt her, and said I believe you have something more than your own; she deny'd it at the first, and made very little Defence, but took them from under her Apron, and gave them to me.

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

Prisoner. Please your Lordship, I went into the Shop to buy some Plumbs; while he was serving me I took up the Scales to look upon them, and laid them down again, not with any Design to steal them.

Guilty .

[Transportation. See summary.]

307. Anne Black and Sarah Fox was indicted for stealing one Silver Watch, Value 3 l. and one Brass Seal, Value 3 d. the Goods of Thomas Hallum , the 4th of July .

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

Hallum. The 4th of July I was coming from Mile-End , very much in Liquor, and I was coming by the Place where the Prisoners at the Bar live: Anne Black goes for the Mistress of the House; and going by there, they pick'd me up between Ten and Eleven o'Clock, my Lord, at Night.

Q. Which of them pick'd you up? Upon your Oath do you know which it was?

Hallum. Not the further one, Sarah Fox , so they took and led me into the House.

Q. How do you mean, led you in?

Hallum. They ask'd me to go in, and they gave me something to drink; then they ask'd me to stay all Night: I said I must go home to my Father's House, or I should be lock'd out: I pull'd out my Watch, and it was a little after Eleven o'Clock.

Q. Then they ask'd you to lie there?

Hallum. Yes, my Lord. I pull'd out my Watch, and it was almost Eleven o'Clock; I said I was oblig'd to go home; they said No, no, can't you stay all Night: In a little Time I fell asleep, and laid there all Night.

Q. What then ?

Hallum. Then when I awak'd in the Morning, Sarah Fox laid by me.

Court. Then you remember your going to Bed?

Hallum. I remember I fell asleep.

Court. Then you did not go into Bed? Did you mean only you laid down upon the Bed?

Hallum. I was not in the Bed.

Q. Were both the People in the Room when you fell asleep?

Hallum. I can't say, my Lord.

Court. Then you did not awake 'till Morning? Then you found Sarah Fox a-bed with you?

Hallum. I was not in Bed, but upon the Bed. When I awoke in the Morning, I put my Hand in my Pocket to find my Watch; I found it was gone; she ( Sarah Fox ) said my Watch was above Stairs: I desir'd she would call her Mistress down Stairs; when her Mistress came down, I ask'd her for my Watch; she told me she knew nothing of my Watch, and said to me you, saucy Rascal, how would you like to be nab'd?

Q. What was Anne Black 's Answer?

Hallum. She call'd me little Dog; and ask'd me how I should like to be nabb'd. When I came out of the House I felt for some Bills of Sale I ha in my Pocket, and they were gone.

Q. What is your Business?

Hallum. I am a Lighterman , please you, my Lord.

Court. So you went out of the House when she said she would have you nabb'd? Which of them will you swear has pick'd your Pocket? if you can't swear it, there is an End of the Prosecution. Here are two Persons indicted for privately stealing your Watch, &c. which of them can you say is the guilty Person. If you have no other Evidence, you must reap the Fruit of your own Folly for going to such wicked Places.

The Prosecutor's Father said that Bob Black told him he had been along with the B - s several Times.

Acquitted .

308. Anne, the Wife of William Grey , was indicted for stealing one Silver Tea Spoon, Value 18 d. one Feather Pillow, one Head Cloth, one Box Iron , the Goods of Hannah Gaudy .

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

Q. What are you?

Gaudy. A Widow . I let her a ready-furnish'd Lodging the beginning of July.

Q. Well, and has she left it?

Gaudy. Yes.

Q. Have you lost any Thing?

Gaudy. Yes, a Pillow, Valens and Head-Cloth, a Laced Mob, a Box-Iron and a Silver Tea-Spoon.

Q. What have you to say against the Prisoner with respect to these Things?

Gaudy. They were taken out of her Lodgings by the Constable. I miss'd some of the Things and told her of them to her Face, but she was disorder'd; I told her she might be in a better Temper in the Morning; and at Three o'Clock in the Morning she went away.

Q. What Time did you meet with her?

Gaudy. I got up about Seven, and about Eleven o'Clock I found her in Old-Street.

Q. How came you to get Intelligence of her?

Gaudy. There was Green, a Soldier with her at my House. I thought she might be there, and a Young Man went and took her at a Publick-House.

Q. Where did she say the Things were?

Gaudy. She said they were pawn'd, the greatest Part of them in Playhouse-Yard.

Q. Did you meet with any of your Things?

Gaudy. Here they are.

[The Goods were produced in Court.]

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

Prisoner. There is a Clout mark'd with my Mother's Maiden Name.

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

Eggington. I am Headborough; I was sent for to take charge of the Prisoner for stealing these Things; she had taken them out of her Lodgings. when I came she own'd the Fact, and told where they were; I had a Warrant and serch'd Part of them out of Playhouse-Yard, and Part of them out of Old-Street; the Woman own'd there were more Things in Playhouse-Yard, but we could not find them.

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

Prisoner. Please you my Lord I have nothing to say for myself but must submit to the Mercy of the Court.

Guilty 10 d.

309. William Marler was indicted for stealing several Brass Escutcheons from certain Persons unknown.

Q. (to Stephen Lyon ) Do you know the Prisoner at the Bar?

Lyon. I have seen him before; the 19th of June, about four o'Clock in the Morning, I thought I saw him unlocking 'Squire Barber's Door; he was down upon his Knees and looking thro' the Key-Hole; when I saw him I directly ran down Stairs and stepp'd to him; he had got the Escutcheon off the Door; I took the Chisel in his Hand; and he own'd to me that he took an Escutcheon off a Door the Moment before, at the Corner of James-Street: I carried him from thence to the Crown, then we acquainted Mr. Barber's Folks of it before we went before the Justice; we examin'd him before the Constable, and he had 13 of these Brass Escutcheons; we also found a Pick-Lock in his Pocket.

Q. (to the Prisoner) What have you to say for yourself? Have you any body to call to your Character?

Prisoner. I was a hard working Man and in Liquor.

Q. (to George Levenston .) What have you to say on the behalf of the Prisoner?

Levenston. I work'd Journeywork with this Man at one Mr. Jones's; he is a Locksmith by Trade: That which the Man calls a Picklock is what they always carry about with them.

Court. Very proper to take off Brass Escutcheons.

Levenston. He work'd with one one Mr. Jones on St. Mary-Hill, as I did; he is a Fellow that will get drunk sometimes.

Guilty , Transportation .

310. Mary Tilsley was indicted for stealing a Pair of Shoes Value 2 s. a Pair of Silver Clasps Value 4 s. a Linnen Cap, &c. the Property of James Keith .

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

Keith. This. When I went from my House I lock'd my Door, on the 9th of July ; I went out between Eleven and Twelve o'Clock; afterwards I was inform'd that the Prisoner broke open the Door, and I came back and found it so.

Q. (to Anne Keith ) What have you to say against the Prisoner?

Keith. When I found the Prisoner at the Bar she had my Cap upon her Head.

Q. Where did you find the Prisoner;

Keith. I found her the same Day the Door was broke open.

Q. Where did you meet with her?

Keith. In Broad-Street, and she had got my Cap upon her Head, with the rest of the Goods.

Q. Where are the rest of the Goods?

Keith. I can't tell.

Q. Where is the Cap?

Keith. I have it in my Hand.

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

Prisoner. Please you my Lord this James Keith and I have been many Years acquainted: She and I had Words together, and she pull'd off my Cap.

Acquitted .

[The Prosecution appear'd to be chiefly the Effects of a Quarrel.]

311. Mary Jennings was indicted for stealing a Linnen Shirt, three Linnen Clouts, a Petticoat , &c. the Goods of James Griffis .

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

Griffis. This Woman, on the 13th of July , came up a Pair of Stairs in the Gallery in the Stable-Yard, Southampton-Row, Bloomsbury , between Three and Four in the Morning.

Q. How do you know she came up there?

Griffis. My Wife awaken'd me and I follow'd down in my Shirt into the Row.

Q. Where did you overtake her?

Griffis. I overtook her at the End of Southampton-Row; then I seiz'd her and found the Things upon her.

Q. What Things?

Griffis. A Shirt, a Woman's Petticoat, three Clouts, a Pair of Stockings, an Apron and a Wrapper.

Q. Where were these Goods taken from?

Griffis. She unbolted an Iron Bolt at the Top of the Stairs.

Guilty .

[Transportation. See summary.]

312, 313. Robert Tyth and Anne his Wife were indicted for stealing a Rugg, Value 4 s. two Blankets, Value 3 s. a Linnen Sheet Value 3 s. a Looking-Glass Value 3 s. and a Pair of Bellows Value 2 s. the Goods of Mary Williams , Widow .

The Prosecutrix not appearing they were acquitted .

314, 315. Felix Mathews and Anthony Mathews , were indicted for assaulting and wounding John Lewis upon the King's Highway, near the Parish of Hendon, and putting him in bodily Fear and Danger of his Life, and robbing him of his Hat, Perriwig, two Ounces of Green Tea, a Thirty-six Shilling Piece, one Guinea, and Half a Guinea in Gold, twenty Shillings in Silver , &c. the Goods of the aforesaid John Lewis , on the 22d of July .

Q. (to John Lewis .) Mr. Lewis, look at the Prisoners at the Bar; do you know either of them?

Lewis. There were five of them when they robb'd me; I believe them to be two of the Men.

Q. What have you to say against them?

Lewis. The 22d of July, as I was going home.

Q. From whence?

Lewis. From London to Hendon, In Hall-Lane , near Nine o'Clock, as I was going along, I heard a Man whistle in the Lane. 'Tis a little on this Side the eight Mile Stone.

Q. What then?

Lewis. I turn'd back, and said, what do you want; before I turn'd myself again, there were four of them that struck me; I believe they gave me four or five Strokes before they beat me off the Horse; they took hold of me, and tore my Shirt; one took hold of my Legs, another of my Head, two held my Arms, and carried me into the Field, and there they rifled me; they took from me a Thirty-six Shilling Piece, one Guinea, Half a Guinea, twenty-Shillings in Silver, an Handkerchief, five Pounds of Sugar, two Ounces of Green Tea, a Steel Breeches-Buckle, a Pair of Knee-Buckles of White Metal, and a Pair of Buttons out of my Sleeves. After they had done this, they lifted me about three Poles farther, and with that I begg'd of them my Hat and Wig; I begg'd of them my Wig to cover my Wounds: One of them clapt his Hands to my Throat, and almost strangled me.

Q. What did they mean by carrying you further in the Field?

Lewis. I believe they heard somebody coming along the Highway. When they had almost throttled me, I ask'd them of what Service it would be to them to kill me? and one of them tied my Hands, and the other my Legs, and bid me hush: They tied my Hands behind me.

Q. What then?

Lewis. After they had done that they said, Your Horse is in next Field, and away they went.

Q. When was this?

Lewis. The 22d of July.

Q. When did you see the Prisoners at the Bar?

Lewis. I was some Time before I could get myself from being bound, and then I had four Hedges to go through; I made Leaps, I did not care to go the Road. I went home on Foot, and rais'd all my Neighbours.

Q. What Reason have you to say the Prisoners at the Bar committed this Robbery?

Lewis. Sir Thomas De Veil sent to me, to let me know he had got the Sugar and Tea that they had of me. [The Sugar and Tea was produced in Court.]

Q. I would ask you, Is that the Sugar and Tea you lost that Night?

Lewis. It was in a Handkerchief; I believe this to be the Sugar; it was all in one Piece, or there might be a Bit laid at the Top to make up Weight; also the Hat is in Court.

Q. Where did you see the Hat?

Lewis. Sir Thomas De Veil gave me this Hat, and I believe this Buckle is mine.

Q. Was the Prisoner at the Bar before Sir Thomas when these Things were shewn to you?

Lewis. Yes, I was a Month before I got to Town.

Q. Who was the Hat found upon ?

Lewis. The Hat was found upon him that is turn'd Evidence.

Q. What is the Man's Name?

Lewis. Patrick Short .

Q. (to the Prisoners) Would either of you ask Mr. Lewis any Questions ?

Prisoners. We don't know the Man at all.

Q. (to Patrick Short ) Do you know the Prisoners at the Bar?

Short. Yes; I knew them a Week before we met Mr. Lewis.

Q. What do you know of Mr. Lewis's being robb'd ?

Short. I was in Company along with them, my Lord.

Q. Was you concern'd in the Robbery?

Short. I was along with them, with Anthony Mathews and Felix Mathews .

Q. Who were the other?

Short. Patrick Donnily and Owen Scot .

Q. What did you Five do to Mr. Lewis?

Short. We struck and abus'd him, and tied him.

Q. Where did you meet Mr. Lewis?

Short. Half a Mile below Hendon: It was between Hendon and his own House.

Q. Who was it that attack'd him? who struck Mr. Lewis?

Short. Patrick Donnily struck him first.

Q. What were your Weapons?

Short. All Sticks.

Q. What did you do to him?

Short. Tied him, and carried him into the Fields and took all that he had.

Q. Was he knock'd off from his Horse?

Short. Yes, my Lord.

Q. What then?

Short. Then we took him into the Fieldwith in.

Q. What did you do then ?

Short. Tied him, my Lord, and got his Money of him.

Q. What did you take from him, and who was it?

Short. Patrick Donnily took it; I can't tell how much there was; it was not divided.

Q. Was there any thing else besides the Money?

Short. His Hat and Wig, my Lord.

Q. Who had the Hat?

Short. I had the Hat, my Lord, and Wig, and I gave it to a Woman in the Town; I don't know who, I was drunk.

Q. What else did you do to him, after you had taken his Hat and Wig.

Short. We tied him, and left him there. Patrick Donnily tied him.

Q. What did the two Prisoners do?

Short. They struck him.

Q. Did you see them both strike him?

Short. Yes, my Lord, we all struck him.

Q. When did you make a Discovery of this ?

Short. I made a Discovery of this when I was taken in Town here.

Q. Who had the Sugar and Tea?

Short. Felix Mathews had it, and sold it to this Gentlewoman here.

Q. Was you before Sir Thomas De Veil ?

Short. Yes, the first Day I was taken.

Q. How long after the Robbery was committed was you taken?

Short. The Robbery was committed on Tuesday, and I was taken on the Thursday.

Q. When were the Prisoners at the Bar taken ?

Short. They were taken on the Friday.

Q. Who discover'd where they were.

Short. I did, my Lord.

Q. Were you along with the Persons that took the Prisoners?

Short. No, my Lord, I was not; we were all of us at the Woman's House, but the other made of.

Mary Rose . I keep a Publick House in Bloomsbury-Market; on the 23d of July five Men came in and call'd for a Pot of Beer.

Q. Were the Prisoners at the Bar two of the five?

Rose. I can't be positive.

Q. When they had call'd for the Pot of Beer, what then?

Rose. They sat down, Sir, and drank six Pots of Beer and 5 Pint of Cyder; one of them (which I can't swear to) ask'd me if I wanted any Sugar; I said, No; the Man said that he had bought a Quantity of Sugar for a Shopkeeper in the Country, and said he had this over and above upon his Hands; he said it cost him 10 d. a Pound: I said I could buy it cheaper of my Neighbours, so I gave him 8 d. The Evidence (Short) was one of the five, he came again.

Court. Then Short is the Man you know?

Rose. I know him as I saw him a second Time. I then saw none but this Man, and the Man that apprehended them.

Q. Was he taken at your House?

Rose. Yes, when they came again to our House on Thursday Morning.

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

Prisoners. No, my Lord.

Q. (to Short) What Time was the Robbery committed?

Short. About Nine o'Clock at Night.

Q. What did you do after you had robb'd that Gentleman?

Short. We came strait on for London; we slept in the Fields 'till Morning.

Sarah B urtle. Mrs. Rose desired me to take Care of her House, as she was ill. These Men came in and called for Beer; there were five of them that Morning that came in and call'd for Beer; they came two or three Times and asked for some Name.

Q. Do you know Patrick Short ?

Burtle. I shewed him into the Box when there was a Cry of Highwayman. A Man made a Cry of Highwaymen, and they run out; they had been in the House four or five Hours that Morning; they asked for two Farthings for a Half-penny to pay every one alike. This Gentlewoman bought the Sugar the Day before.

Q. Who discovered them to be Highwaymen?

Burtle. James Murphy .

Q. How many made their Escape?

Burtle. I believe three, my Lord.

Court. Then it was you that stopt Patrick Short ?

Burtle. Yes; I thought all Things were not right; I said you must not have People's Liquor and not pay for it. They might all have been taken were it not for James Murphy 's Cry of Highwaymen.

Stephen Mc Donald. One Sergeant came to me the 24th or 25th of July, and asked me to go and take two Highwaymen.

Q. Did you go along with him?

Mc Donald. Yes, my Lord, I went up into Red-Lyon-Square.

Q. Was there any Publick House?

Mc Donald. There was in the Square.

Q. What Time was thus?

Mc Donald. About Eleven o'Clock in the Morning; when I came into Red Lyon-Square, I saw both the Prisoners; when I laid hold of Felix Mathews he put his Hand in his Pocket to pull his Pistol out; he had a large Stick under his Arm, and I took it away and knocked him down; we took them both and searched them; there was this Sugar and Tea, and this is the Powder they had in their Pockets, this Rope, and these Balls.

Q. In whose Pocket were these found?

Mc Donald. In Felix Mathews 's; all the Things produced in Court, I took from Felix Mathews , 7 s. or thereabouts.

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

Prisoner. I demand my Money that he took from me.

Mc Donald. He would be carried in a Coach, &c. the Money was spent except a Shilling, which I gave him back in Bridewell.

Prisoner. My Lord, the Ball and Powder the Witness put into my Pocket himself.

Q. (to George Worthy ) Do you know the Prisoners at the Bar, Felix Mathews , &c. was you along with the last Witness?

Worthy. Yes.

Q. What was found upon Felix Mathews ?

Worthy. This Pistol and Ball he took out of his Pocket.

Court. Then he did not put it into his Pocket?

Worthy. No, my Lord.

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

Prisoners. What has been sworn against us is only to entitle them to the Reward.

Q. Have you any Witnesses to your Character, &c.

Prisoners. No, my Lord, we are Strangers.

Both Guilty . Death .

316, 317. Thomas Smith and Thomas Barrow were indicted for stealing a Coach Seat, the Goods of John Edger , and in it one Yard of Silver Cord, a Capuchin, and Wearing Linnen of various sorts , the Goods of Calib Harding , Esq ; the 5th Day of July .

Q. (to Anne Harding ) Madam, Do you know either of the Prisoners at the Bar?

Harding. I believe I know one of them; that Man in a blue Coat, Thomas Smith , I saw him at Sir Thomas De Veil 's.

Q. Did he at any Time rob you of any Thing?

Harding. I came in a hired Coach from Derby: The Coachman was to drive me into the City to my Brother's in St. Paul's Church Yard; but as he was not willing, I complied to be set down at Rathbone Place ; so the Things were taken out of the hired Coach and put into a Hackney Coach.

Q. Well, what did you lose?

Harding. There was Wearing Linnen of all sorts, a Silk Capuchin, Aprons, &c.

Q. What Day did you come to Town?

Harding. I believe the 5th of July.

Anne England . I live with Dr. Caleb Harding .

Q. When did you come to Town?

England. About the 5th of July, we came in a hired Coach.

Q. When you got to Town, what then?

England. We came in one John Edger 's Coach.

Q. Was there any Difficulty made about going into the City ?

England. The Coachman refus'd to go; upon that a Hackney Coach was call'd, and we were set down in Rathbone Place.

Q. Was either of the Prisoners the Driver of the Hackney Coach?

England. Yes, that Man in blue.

Court. Then the Things were put out of the Coach that you came to Town in, into a Hackney-Coach.

England. Yes; there was a Coach Seat that came out of the Country put into the Boot of the Hackney Coach.

Q. Do you know what Things were in that Coach Seat?

England. I don't know all of them; there were a great many Things.

Q. What, Things that belong'd to you.

England. Yes; a red Rugg Cloak and a Velvet Bonnet, that belong'd to me.

Q. Had your Lady any Things in it?

England. Yes, Sir, there were a great many Things, I can't particularly say.

Q. Did you go in the Hackney Coach to St. Paul's Church-Yard to Mr. Thornhill's ?

England. Yes. And when I came there I miss'd the Coach Seat, and enquir'd for it after the rest of the Things were out.

Q. Had you the eat sent again.

England. No, Sir,

Q. Did any Thing happen to you between Rathbone-Place and St. Paul's Church-Yard?

England. Yes, Sir, it happen'd to rain, so the Coachman got off his Seat and said he would go for his Great-Coat.

Q. Where did he stop the Coach?

England. I can't tell Sir; I am almost a Stranger in London.

Q. When he went for his great Coat, was any Body left there to take Care of his Horses?

England. He said he would leave one to take Care of his Horses.

Q. How long was he away.

England. I think about a Quarter of an Hour.

Q. Have you any Thing more to say?

England. When I ask'd him about the Seat he said there was no such Thing; I said it was committed to his Care.

Q. What was the other Man?

England. He was the Man that was with him upon the Box; he own'd that he was there himself, I can't swear to him.

Court. Then Thomas Barrow own'd that he was with the Coachman; but you don't know it upon your own Knowledge?

England. I saw the Coachman take up some Body, but I could not tell who.

Q. What did he say when you ask'd for the Coach Seat ?

England. He said there was no such Thing; I said he had such a Thing.

Q. (to Catherine Tornhill ) Miss, will you tell us what you know of this Matter? Did you come with Madam Harding in the hired Coach?

Thornhill. Yes, Sir.

Q. Had you any Words with the Coachman about carrying you into the City?

Thornhill. My Sister would have had him brought us to St. Paul's, but he refus'd.

Q. What was the Consequence of that?

Thornhill. There was another Coach got.

Q. Did you go to St. Paul's?

Thornhill. I was set down at Rathbone-Place.

Q. Had you any Thing in the Coach?

Thornhill. Yes.

Q. What was there of your's?

Thornhill. There was a Capuchine in the Coach Seat, &c.

Q. Do you know either of the Persons at the Bar?

Thornhill. No, Sir; I saw one of them, the Man in Blue, at Sir Thomas De Veil 's.

Q. Was he the Person, the Hackney Coachman, that you call'd ?

Thornhill. I did not see him. 1

Q. (to the Prisoner) Would you have Mrs. Harding, the first Witness, or Mrs. England, ask'd any Questions ?

Prisoner. Did I take the Box out of the Boot, or make away with it?

England. I told him that he had such a Thing in his Charge: I ask'd him what he had done with it? he said he could not tell what was become of it.

Q. (to George Budby ) Do you know either of the Prisoners at the Bar?

Budby. I brought these Gentlefolks in a Coach and Four from Derby.

Q. Who did the Coach belong to?

Budby. To Mr. Edger.

Q. When was it?

Budby. The 5th of July last we came to Town, and I set them down at Rathbone Place.

Q. When the Hackney Coach was call'd, did you assist in putting up the Seat into the Coach?

Budby. I put it into the Boot myself, my Lord.

Q. Who was the Driver of this Hackney Coach?

Budby. Thomas Smith ; and the other Prisoner was along with him.

Q. You say the Driver was Thomas Smith , and the other was on the Side of him; do you know any thing of him?

Budby. They stopp'd at the Black-Horse at Rathbone Place, and drank a Dram of Gin.

Q. Were they off the Box or on when they drank a Dram?

Budby. On the Box.

Q. (to William Carrier ) Do you know the Prisoners at the Bar?

Carrier. I know Thomas Smith .

Q. What do you know of this particular Fact?

Carrier. I know nothing of this particular Fact, no farther than this; that Mrs. Harding wanted to know whether the Coach Boot was fit to carry the Seat in or not; that young Man, (Smith, the Prisoner) is my Servant; I said the Boot would carry such a Thing if it had no Hay in it.

Q. Was there any Hole in the Boot?

Carrier. No, my Lord, it was very good.

Q. (to Budby) You put the Seat into the Boot of the Coach, was there any Hay in it ?

Budby. None, my Lord, but the Box went down to the Bottom.

Q. Do you think that there was any Likelihood of its being joked out ?

Budby. Hardly any two Men could take it out without standing upon the Bar to lift it by main Strength.

Q. You say the Coach Seat was very full.

Budby. As full as I could well lift.

Q. (to Mary Carrier ) What Relation are you to William Carrier ?

Carrier. I am his Wife: The Boy came to me between Eight and Nine o'Clock at Night for his Coat.

Q. What Time did he come to you ?

Carrier. Between Eight and Nine o'Clock, I think, on Saturday Night; he did not stay at all with me; I gave him the Coat, and the Coach stopp'd in Denmark-Street.

Q. (to Thomas Thornhill ) Will you please to tell the Jury what you know of this Matter ?

Thornhill. Smith, the Prisoner at the Bar, brought Mrs. Harding's Servant to my House, which is Anne England , the Witness.

Q. What Time of the Night?

Thornhill. It was dark when they came to us; it might be between Eight and Nine o'Clock at Night when the Maid came; there was, I believe, six Boxes taken out of the Coach; she came into my Shop, and said, Where is the Coach Seat. The Boy, Thomas Smith , at first, deny'd that he had it at all, and that he believ'd it was put into the other Coach: That the Gentry were coming with it. I believe these were his very Words.

Q. Did that Answer satisfy? was there any farther Enquiry made?

Thornhill. The Maid herself said, that she saw it put into the Boot; upon which he then said, it was lost at my Door; that somebody had stole it after he had been charg'd with it: He said my Servants had robb'd him. I said they were my Servants, and I would be answerable for them.

Q. Was there any body with him?

Thornhill. There was a Boy with him, but I can't swear to him.

Court. Then Thomas Smith fell a swearing, and said some of your Servants had robb'd him?

Thornhill. Yes, most impudently, Sir.

Q. What pass'd then?

Thornhill. He would have gone away from the Door, and I told him he should not go 'till the other Coach came; I expected Mrs. Harding and Miss. He then said he would stay 'till it did come.

Q. And did he ?

Thornhill. I went up to inform Dr. Harding of the Affair; he was in my House. While I was telling the Doctor what he said, he drove away. Dr. Harding flung up my Windows to bid him stay; he answer'd, with an Oath, D - n his Blood, or something of that Kind, he would not stay for him, nor no-body else.

Q. Which of them said that?

Thornhill. Smith was then upon the Box, I believe, Sir. I think, when I said he should stay, the other Boy went away. The Morning after Smith was taken up; when he came to my House in order to be taken before Sir Thomas De Veil , he deny'd that he had any body with him at all, 'till I had given him some particular Account of it; then he confess'd that he had somebody with him.

Q. Was you before Sir Thomas De Veil ? Did any thing remarkable pass there?

Thornhill. No, Sir, I think not.

Q. (to Dr. Harding) Please to mention what you know concerning this Affair.

Harding. I must say this, as a pausible Plea for the Prisoner; it did rain pretty hard when I call'd to him, and ask'd him whether he would not stay, to comply with his Promise, 'till the other Coach came up to' clear up the Matter; he answer 'd, D - n your Blood, I will not stay for you, nor any Man breathing. When I was before Sir Thomas De Veil , the other Prisoner confess'd he was along with Thomas Smith the whole Time.

Q. (to Daniel Herd ) What do you know of this Matter?

Herd. Upon the 6th of July, early in the Morning, I receiv'd a Note from Dr. Harding, to go to Mr. Edger; which I did, and told him that I wanted to enquire of the Man that drove the Coach last Night: So we went into Tyburn Road, and call'd him up, and I desir'd him to go with me to find out the Man that drove the Hackney Coach last Night, No. 190. So he ask'd another Man if he knew the Prisoner at the Bar, calling him by a Nick-Name; he said, Yes, and that he had burnt almost a whole Candle that Night, and he did not come home; another Man made Answer, he believ'd he was asleep in the Haylost: The Man went down, and came up again, and said he was there. So I spoke to him, and ask'd him if he knew any thing of a Coach Seat that was lost last Night; the Coachman said to him, Did not you and I put it into the Coach? then he said he did carry it to St. Paul's Church-Yard, and that he set his Feet upon it; but at first he said nothing of it, which made Mr. Budby give him some rash Words, and lay to him, Did not I help you to put it in myself? Then he answer'd, he had carried it to Mr. Thornhill's in St. Paul's Church-Yard. The Man that brought me the Note for my Master told me, that there was another Man came along with him. I ask'd Smith whether somebody did not get upon the Coach at Rathborne-Place, when he drank a Dram with him; he said, Yes, but he went no further; but afterwards confess'd that he went along with him all the Way.

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

Prisoner. Please you, my Lord, I was call'd from St. Anne's Place; there was this Box to carry, and it began to rain; I went for my Great-Coat, and when I stopp'd in Denmark-Street every Thing was safe.

The Prisoner at the Bar, Barrow, confess'd he went with him to St. Paul's Church-Yard, and he deliver'd the Things, &c.

Q. (to Joseph Everit ) What do you know of the Prisoners?

Everit. I have known Thomas Smith from a Child, and never knew any Thing of him but what was honest: I have trusted him out with my Coach, and he always behav'd well.

Q. Which of them have you trusted?

Everit. Thomas Smith ; he has drove my Coach. I am a Hackney-Coachman myself.

Q. How long have you employ'd Smith?

Everit. I don't employ a Man constantly; but when I want a Lad for a Day or two I have had him, and never heard any harm by him in my Life.

Q. (to John Marshall ) How long have you known the Prisoner at the Bar?

Marshall. I have known him, Thomas Barrow , not quite a Year.

Q. How came you to know him?

Marshall. He help'd in the Stables near where I live, he us'd to come to my House.

Q. What House do you keep?

Marshall. A Chandler's Shop: Being a very honest Fellow, I us'd to have him in my Shop, and never found him otherwise in my Life.

Q. (to Thomas Bedsworth ) Which of them do you know?

Bedsworth. I have known Thomas Smith two Years, and the other about a Quarter; Thomas Smith , I believe, was with me about six Weeks. I have sent him often out of Days, and he always behav'd very well; and the last Time of my parting with him, was my taking a Kinsman of my own.

Q. How did Barrow behave?

Bedsworth. They were always both very honest: I never heard any thing against their Character.

William Sparrow . I only know Thomas Smith ; I keep a Publick House; I have knowSmith seven or eight Years, and he was always a sober honest Lad.

Q. (to Jeffery Reynolds.) Which do you know?

Reynolds. Barrow I have known for four Months; he serv'd me last; he is a very honest civil Fellow, as far as ever I heard.

Q. (to Catherine Jones .) Which do you know?

Jones. Thomas Barrow ; I have known him for nine Months; he was my Servant between four and five Months; I have trusted him to pay Money, and buy Goods, &c.

Both Acquitted .

318. Edward Lowry was indicted for bringing into the Gaol of Newgate several Spring Saws, and other Things, to facilitate the Escape of several Prisoners under Conviction of Transportation .

At the Delivery of the Gaol of Newgate, on Thursday the 15th of May, one William Burn was indicted for feloniously stealing one Piece of Cloth, &c. and the Indictment further sets forth, at the same Sessions, that one by the Name of Catherine Lowry was also indicted, try'd, and convicted, for stealing divers Parts of the Goods with the other Prisoner, Burn; she having been so try'd and convicted, on the 10th Day of August last the Prisoner at the Bar did feloniously convey, or cause to be convey'd, into the said Gaol of Newgate, four Spring Saws, a Spring Bow, and Files, to the said Catherine Lowry , did deliver, with an Intent to aid and assist the said Catherine to make her Escape.

Council. Please your Lordship, and Gentlemen of the Jury; the Effect of this Indictment you are to try against the Prisoner at the Bar: That one Catherine Lowry being convicted of Felony, and Prisoner in the Gaol of Newgate, on the 10th Day of August last the Prisoner at the Bar convey'd into the said Gaol of Newgate four Spring Saws, a Spring Bow; these Saws and Files; proper Instruments to facilitate the Escape of the Prisoners of Newgate. The Indictment further relates, that he deliver'd them to a Prisoner in the Gaol, Catherine Lowry . As this is the Indictment, it will rely upon us to make out the Fact; if we do, you will find it by an Act of Parliament of the 16th of has present Majesty made Felony: When we have made out this Fact in the Indictment, consequently by this Act of Parliament the Prisoner is guilty of Felony. We shall produce, in the first Place, the Conviction of Catherine Lowry , Prisoner, to whom he deliver'd the Things; then shew you, in Pursuance of that, Conviction, that she was remaining in Newgate the 10th Day of August, and upon that 10th of August did Edward Lowry convey these Saws, Files, &c. into the Gaol of Newgate, to facilitate the Escape of the Prisoners.

Q. (to Richard Akerman .) What is your Office?

Akerman. The Keeper of Newgate.

Q. Do you know any thing of one Catherine Lowry in your Custody?

Akerman. She was transported last Saturday; she was detain'd as an Accessory to a Felony.

Q. Was she detain'd the 10th of August.

Akerman. Yes.

Q. Did you see any Thing of Files and Saws, &c.

Akerman. I threaten'd them when I heard of Attempts to break the Gaol open, upon which Catherine Lowry produced them to me herself; this is one of the Spring Saws.

[Four Spring Saws, three Files, with a Spring Bow, were produced in Court.]

Q. When did she deliver them to you?

Akerman. About the 5th or 6th of August.

Q. Do you know how she came by these Things? I suppose you did not give any Consent that she should have them.

Akerman. I knew nothing of them, my Lord?

Q. (to Mr. Akerman.) Are not these proper Instruments to facilitate Prisoners Escape?

Akerman. They cut in five or six Places the Bars of a Window quite through?

Q. (to Mary Dobbins .) Did you know at any Time Catherine Lowry ?

Dobbins. Yes, she was a Transport Prisoner.

Q. Do you know of any Thing being deliver'd to her?

Dobbins. Yes, my Lord; I receiv'd four of them Saws from the Prisoner myself: I know he, Edward Lowry , got 5 s. for buying them; he gave 4 s. 6 d. for the Saws and Bow, and I saw him deliver these Instruments to Catherine Lowry .

Q. Do you remember the Time when Mr. Akerman took them from her?

Dobbins. Yes, I was in Bed at the same Place; but before she deliver'd them, she cut eight Iron Bars, and broke eight Saws in all.

Q. Did the Prisoner at the Bar use them at all?

Dobbins. Yes, he ask'd Leave of the Swabber to lie with his Wife; he lay along with her 'till Twelve o'Clock, while the Gaol was at rest, then he went to work; he work'd at the Iron Bars, and I held the Candle; he cut two of the Bars.

Prisoner. Please to ask her if somebody don't give her something for swearing.

Dobbins. Nobody does give me any thing for it. This Catherine Lowry was a desperate Woman; she call'd me up, and if I did not assist her, threaten'd what she would do; I was in Danger of my Life; there were twelve Transports to be gone; there was but one Bar of eight to be cut, and they were to be all out the next Night, and he, Edward Lowry , was to be at the Gate with that Rope to swing the Prisoners down.

Q. (to John Cocket .) What is your Office?

Cocket. I am Under-Keeper.

Q. Do you know of any Consent given to Catherine Lowry to have Files, Saws, &c. or Privity for Edward Lowry to bring these Saws in.

Cocket. No certainly.

Q. (to the Prisoner.) Will you ask any Question? What have you to say to this Charge sworn against you by several Witnesses?

Prisoner. Please to look to that Woman's Character; she was try'd last Sessions, and is to be try'd this.

Guilty , Transportation .

319. Samuel Mecum was indicted, for that he, together with Richard Swist , Samuel Smith , and James Stamford , not yet taken, did steal one Back of Yarn, the Property of William Haydes , from the Rose and Crown Yard, Holbourn-Bridge , the 12th Day of February .

Q. (to Robert Gricewood .) What have you to charge the Prisoner with?

Gricewood. These Goods were lost out of my Custody; the Sack containing a hundred Weight of Linnen Yarn.

Q. Who did this Yarn belong to?

Gricewood. To William Hayles of - in Wiltshire. We were going to load it in a Waggon; whilst we were busy about the Waggon, these Goods were taken away out of the Yard.

Prisoner. My Lord, ask him if he ever saw me in his Yard, or about it.

Gricewood. No, my Lord, I did not.

Q. Were these Goods ever found again?

Gricewood. No, my Lord.

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

Archer. Last Ash-Wednesday there was I, Samuel Mecum , Richard Swift , and James Stamford ; Richard Swift gives Mecum a Hand up with thus Yarn, in order to carry it home to Mecum's House.

Q. What did you do the mean time ?

Archer. Stamford and I stood to look if any body saw us. After we had brought the Yarn pretty near to his House, he run to get his House open, which he did: We Went into the Entry, and threw it down the Cellar. As soon as he carried it as far as he had a Mind, Mr. Swift carried it; then James Stamford; when he was tired, I carried it upon my Shoulder: Mecum carried it as far as Goswell-Street, then he ran home to get his Door open to put it down his Cellar.

Q. What became of it?

Archer. It was sold to Gordon for 20 s. but I never had but 3 s. and Mr. Smith owes me now 18 d. of the Money.

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

Prisoner. Please you, my Lord, I was at Mr. Lane's, an Alehouse, where we had something for Supper, and there Archer and I had a Quarrel, and he does this out of Revenge, &c. This Witness was took up for murdering his own Father: I never was in no Gaol 'till they brought me to it.

Q. (to Hugh Pinchin ) What Business are you?

Pinchin. Sir, I am an Officer belonging to the Marshalsea Court.

Q. What sort of an Officer? what is your Office to arrest Men?

Pinchin. Yes, when I have Business to do.

Q. Do you know any Thing particularly of this Yarn?

Pinchin. No otherwise, my Lord, than I happen'd to go and see this Archer in Bridewell, and I ask'd him how he came to do this Thing to these Men; I said I know you to be a Reprobate Fellow, but I never knew you to be a Thief; so he d - d me, and said will you give me a Quartern of Gin, which I did; said he I was persuaded to do it, and I have done it once, and I must do it again.

Q. (to Richard Worral .) Do you know any Thing of this Affair about the Yarn?

Worral. I know so far, please you my Lord, that I give 900 l. Security for my Place; the Prisoner has gone along with me sometimes; the Prisoner and Arther happen'd to be at one Mr. Lane's, so there happen'd to be a Quarrel.

Q. When was it? I say, when was it? Was it a Month ago, or two Months, or is it three Months ago?

Worral. 'Tis eight or nine Months ago, I believe; it was just when Archer's Father sent him to Bridewell. I did not keep an Almanack in my Head.

Court. You say that Archer and Mecum were at Lane's nine Months ago; what was then done, and said ?

Worral. We had some Steakes, and I eat a Bit with them; there was Sop, and Archer throws it into the Prisoner's Face, so Mecum hit him with the Candlestick, and Archer d - d him, he would hang him right or wrong.

Anne Mitcham . I went along with that Gentleman; he desired me to go with him to see Mr. Archer in Bridewell.

Q. What Gentleman?

Mitcham. Mr. Pinchin; when we went into the Place, Archer fell a Swearing, and said won't you give me a Dram of Gin; says Mr. Pinchin I don't care if I do; he said, how came you to speak against these Men, I never knew you was a Thief before; with that they had a Quartern of Gin; he d - d it, and said they persuaded me to swear it, and as I swore it, I'll stand to my Word, right or wrong.

Q. Where do you live?

Mitcham. In Spittlefields Market.

Q. Is the Prisoner at the Bar any Relation of yours?

Mitcham. No, Sir.

John Gardner . I went into Mr. Lane's House to get a Pint of Beer one Night.

Q. When was that?

Gardner. Some Time ago; I cannot tell the Time.

Q. Was it Half a Year ago, or a Quarter of a Year?

Gardner. I believe it was about three Months ago; and I heard Archer say he would take Mecum's Life away, right or wrong.

Q. How came he to say this?

Gardner. He said it of his own Accord, without any Body saying any Thing to him.

Q. What Business are you?

Gardner. I am a Butcher, and I live in Whitecross-Street.

Q. How long have you know Mecum? What Business is he?

Gardner. He is a Hatband-maker, and makes Loops for Hats; he serv'd his Time to it.

Q. (to James Smith ) What have you to say?

Smith. I have no otherwise to say but I have seen this Mecum pass and repass by my Master's Door, and I never saw any Misbehaviour of the Man.

Court. Then you don't know any Thing particular of this Fact?

Smith. No.

Q. (to Elizabeth Wooley ) What have you to say ?

Wooley. This Man came to and fro to my Stall; I never knew any Harm by him.

Q. What Business is the Man?

Wooley. He has follow'd these Bailiffs and Officers; I have seen him with them to and fro, and a great many Times, and I never heard any Harm of him.

Guilty .

[Transportation. See summary.]

320. Samuel Mecum and Eleanor Mecum were indicted for stealing out of the Dwelling-House of John Kent , two Silk Handkerchiefs, three Dozen of Worsted Stockings, four Pair of Thread, and four Pair of Cotton, one Pair of Sky-blue, six Pewter Plates, a large Pewter Dish, &c. the Goods of the said John Kent , the 20th of April .

Q. (to John Kent ) Where do you live?

Kent. In Shoreditch . I am a Stocking-frame Knitter .

Q. Do you know either of the Prisoners at the Bar?

Kent. I did not know them, Sir, 'till after I was robb'd; there is one Nathaniel Harris a particular Evidence, and he is a Debtor here in Niwgate

Q. Was your House at any Time robbed?

Kent. The 20th of April I got up and found my House robbed.

Q. Did you leave all your Doors fast?

Kent. The last Thing I did I went and boked the Window and Doors, and every Thing myself: I thought I heard something in the Night, but I thought it was one of my Children.

Q. What Time did you get up in the Morning?

Kent. Between Five and Six o'Clock my Wife and I got up; my Wife came down first, and as she was coming down, says she our Windows are open; I said it might be my Boy that is gone to School, but says she here is your Chest gone; then I said I am ruin'd for ever, for there were 29 Pair of Hose, that were none of my own.

Q. Did you miss any other Things?

Kent. Yes, six Pewter Plates, a large Pewter Dish: There were in the Chest two Silk Handkercheif; there was my Pocket Book, but it was not put into the Indictment, nor a Quarter of the Things; there were three Dozen of Worsted Stockings, four Pair of Cotton, and four Pair of Thread, all these were in the Chest locked up; there was a five Pant Copper Sauce-Pan, and a very particular Pair of Hose, Sky-colour'd blue.

Q. Where did you find your House broke open?

Kent. In the Window; there was a Plate of Iron a with seven Nails. This Plate of Iron was wrenched of; they endeavoured to take down the whole Frame of the Window; the next Day after I advertised, I found one of the particular Sky-coloured Stockings that were in my Chest.

Q. What Clocks had they ?

Kent. Gold-coloured Silk Clocks.

Court. You say you met with one Stocking again.

Q. What do you know of the Prisoner at the Bar?

Kent. Mr. Archer Petcht and Mr. Body went to search Mecum's House, and there they found this Stocking; Mr. Body has this Stocking.

Court. Then you know nothing more than what they told you?

Kent. Please you, my Lord, I had a Jealousy of this Man by the Intelligence that was given me of his being in Disguise Dresses, and carrying Goods by my House, &c. by Reason of which I had a Warrant. My Lord, I have liv'd 26 Years in the Parish, and served an Apprenticeship in the Parish.

Court. You appear to be a very honest Man, and need mention nothing of this to support it.

Q. (to William Thomson ) What are you?

Thomson. A Frame-work Knitter.

Q. What do you know of the Prisoner at the Bar?

Thomson. I am a Servant to Mr. Kent; that particular Pair of Sky-blue I made for Mr. Kent about last March; they were to be embroider'd with Gold Clocks afterwards.

Q. Did you see them after the Gold Clocks were put in ?

Thomson. Yes, I am sure 'tis the same, Mr. Body has it ?

Q. (to William Body ) What have you to say against the Prisoner with Respect to this particular Fact ?

Body. My Lord, I have nothing to say any more but this, that this John Kent came to Justice Hole for a Search Warrant, upon which I got two or three Friends with me, and beset the House of the Prisoner at the Bar; it was between Eight and Nine o'Clock on Sunday Morning: When we had beset the House, one Harris, a Prisoner now for Debt in Newgate, got over the Wall, and collar'd the Prisoner; we were forced to break the Windows and Shutters to come to his Assistance, for the Man and Woman were both upon him. When we got in I told them we had a Search Warrant. Harris got this Stocking, which he deliver'd to me, and He believed the Woman put the Fellow to it down the Va; this one Stocking he found in the one Pair of Stairs Room.

Q. Had you any Thing more?

Body. We took a great many more Things, which by the Justice's Order are secur'd in a Trunk at Bridewell, but none of the Things are yet own'd, except this particular Stocking.

Q. (to John Kent .) Is this one of your Stockings?

Kent. My Lord it is; I was to have had 6 s. for the Stockings; but the Gentlewoman complain'd they were too big for her.

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

Mecum. Please you, my Lord, my Husband knows nothing of it; if this Stocking is the same, it is what I had with some old Cloaths; I buy and fell Things in Rag-Fair.

Q. (to Susannah Pool .) What have you to say?

Pool. My Lord, she is a Partner of mine in buying and selling old Cloaths. She had this Stocking of a common Dealer that had bought three Childrens Frocks, a Pound and half of Linnen Rags, and three or four odd Stockings.

Samuel Mecum was cast for Transportation, and Eleanor Mecum acquitted .

321. John Brown was indicted for assaulting Mordecai Levy , and Mordecai Abraham , Jews , and taking from one a Knife, and the other Sixpence, on the King's Highway , near Brentford , on the 5th of August .

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

Abraham. I was going from London to Brentford on the 5th of August; I met the Prisoner about a Quarter of a Mile from Brentford; he had two more in Company with him.

Q. Did any Body stop you?

Abraham. The Prisoner begins with me, what have you got there? I told him nothing.

Court. You say you had got nothing, and you had the Box under your Arm.

Abraham. I keep my Box fast, he strived to get my Box from me and he did break open the Cover under my Arm.

Q. What did he take out?

Abraham. A Clasp Knife.

Q. Of what Value ?

Abraham. About 6 d. or 7 d. after this he began to strike me, he pull'd me down to the Ground; my Partner bid me run to the Publick-House, which is the Green-Dragon.

Q. Was you so near to him that you could hear him tell you to go into the Publick-House ?

Abraham. Yes.

Court. Then the three Men did not meddle with him.

Abraham. No. So we got away from all the three Men and they follow'd us into the Green-Dragon, and began to strike me again, and quarrel'd also with the Person of the House; When the Landlady said she would not draw them any Beer, they said they would kill her and break all the Things to Pieces.

Q. Did you send for the Constable.

Abraham. No; you shall hear the Story out.

Court. We have heard it from you; and the strangest Story that ever was heard.

Abraham. So after this he says to me, let me have your Box; in the House he bid me give him what I had about me.

Q. And did you give it to him?

Abraham. I said I had none.

Court. This is a Robbery in the House; not upon the Highway.

Abraham. My Lord, on the Highway he robb'd me of a Knife, and in the House he wanted my whole Box.

Q. (to Mordecai Levy .) What Relation are you to the last Person?

Levy. I was going to Brentford with him on Tuesday the 5th; I went with him because he could not speak English: A Quarter of a Mile from Brentford three Fellows took hold of him, and ask'd what he had got there; he said nothing; you lye, you Son of a B - h, says one of them; then they knock'd him down, broke the Cover of his Box, and took out a Knife.

Q. Did they all three assist?

Levy. They knock'd him down.

Q. What did they knock him down with?

Levy. With their Hands.

Q. What did you do all that Time?

Levy. I was at a Distance; and I spoke in our Language to get to the House.

Q. Did the Person that robb'd you follow you to the House?

Levy. Yes; the Landlady ask'd what they wanted, and they bid her draw them some Beer; but she said she would not; then they gave him one Knock here and another there: They took Six-pence from me, and ask'd me if I had any more.

Q. (to James Grimson .) What do you know of this Affair?

Grimson. I am one of the Constables of Brentford; when I was inform'd of this Matter I went to the House, and said to these Jews, Pray which is the Man that robb'd you, not considering that they were all in Conjunction? and he shew'd me that the Prisoner was the Man.

Q. What did they pretend they were robb'd of?

Grimson. One of them was robb'd of a Knife and the other of Six-pence. I went up to the Man and collar'd him; and said, Friend, I am Constable and you are my Prisoner: He made some Resistance, and there was a good deal of Fighting and Quarrelling. The Prisoner acknowledg'd that he took the Knife and Six-pence; then we went to two or three Justices, but found none of them at home. The next Morning we brought him before Justice De Veil. We could not take the other two as we were not provided.

Q. (to John Harvey .) Have you any thing to say about this Affair?

Harvey. I saw these Jews crying about the Streets, they were enquiring for the Constable, and the People sending them about from one Place to another. They said they had been robb'd by three Men near the Green Dragon, one of a Knife and the other of Six-pence; I said, if you go to such a Place you will find the Constable making himself merry among some of his Friends: However I follow'd them to the Constable, who did not care for going; but I insisted upon it, and told him I would go with him; then he said he would go. We went down to the Red Lion, and says the young Jew, this is the Man; with that we seiz'd him. Then the other Fellows said, d - n you he shall not go with you; with that one of them knock'd Grimson down, and had like to have serv'd me in the same Manner; but by the Assistance of a third Person we did make shift to secure this Gentleman at the Bar.

Q. (to Abigail Partridge .) What House do you keep?

Partridge. The Green Dragon, where the two Jews came and the Prisoner at the Bar follow'd them, and swore here they be, I will lick them. They came in a riotous Manner and call'd for a Pot of Beer; I said I would not draw them any. They continued walking without Doors abusing these two Men.

Q. Do you know the Prisoner at the Bar?

Partridge. I live at Brentford and he lives at Hammersmith; he is a Brickmaker. I believe he was not a Highwayman.

Acquitted .

322, 323. Euthbert Bell and Sarah Bedford were indicted, the first for stealing two Breadths of Damask and a Piece of Chints , the Goods of Hannah Youthouse , and the other for receiving the same, knowing them to be stolen .

Q. (to Hannah Youthouse .) What have you to say against the Prisoners at the Bar?

Youthouse. I keep a House at Whitehall , which was broke open and several Things stole. I put out a Reward of five Guineas, and thereupon was sent for on Friday before Sir Thomas De Veil ; there I saw the Prisoner, and he said he bought these Things of a Person that ow'd him 25 s. the green Damask Silk and Counterpane.

Q. When did you lose these Things?

Youthouse. About the 1st of June.

Q. When was you before Sir Thomas?

Youthouse. I believe in July three Times. I saw the Prisoner brought up; he said he gave them to the Woman to pawn; I beg Pardon, he gave the Woman the Chints to mend, she was his Laundress, or something; but Sir Thomas said they liv'd together. She was to give him 40 s. for the Curtains to make her a Gown. Sir Thomas ask'd him how he came by them; he said he was at Pepper-Alley Stairs, and there met with a Woman that ow'd him 25 s. who gave him the Goods abovemention'd.

Q. (to George Brown , Pawnbroker) What do you know about these Goods ?

Brown. The Chints Bed was brought by Sarah Bedford the 20th of June.

Q. What was it pawn'd for?

Bedford. For 5 s. 6 d. The 5th Day of July the same Person brought two Breadths of Silk Damask, I suspected they were stole, and lent no Money upon them as she could not give me an Account how she came by them; I took her before Sir Thomas De Veil , and she then inform'd against the Prisoner, and he was taken up upon that.

Q. When Bell came what did he say to that?

Brown. He own'd that he had given these Things to Bedford to pawn, the Silk to make a Gown of, and the other to pawn; he said he had them of one Elizabeth Robinson , for a Debt.

Q. (to the Prisoner Bedford) What have you to say to what is sworn against you?

Bedford. I went to pawn the two Breadths to Mr. Brown; I had them of Mr. Bell; I wash'd for him, and knew him to be a very honest Man.

John Wood . I was along with Bell when he receiv'd these Goods from Elizabeth Robinson , for 25 s. at the Crown in Tooley Street.

Q. (to Mary Smith ) Where do you live?

Smith. In Tooley-Street, near the Church. I was drinking a Pint of Beer at the Crown, and heard Words about a Debt, and saw her shew him these Things.

Q. Do you know the Woman.

Smith. I know her by Sight; she us'd to deal in old Cloaths, and I saw her very often in Rag-Fair

Q. (to the Prisoner.) What is your Trade?

Prisoner. A Mason.

Thomas Richardson . I am a Carpenter in the Broad-Way, Westminster, where Mr. Bell did live, and I never heard but he was a very honest industrious Man.

Francis Miller . I live near the Prisoner, and I meet him as constantly going to his Work as I to mine.

John Walker . I am a Coachmaker, I liv'd near the Place where he lodg'd, in the Broad-Way, Westminster, and he has always had the Character of an industrious, hardworking Man.

Both Acquitted .

324. John Kitchen was indicted for stealing a Wooden Cask with seven Iron Hoops , the Property of Thomas Cliffington , the 21st of July .

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

Cliffington. Between Twelve and one o'Clock I was call'd up by the Watchman, who told me I was robb'd; when I came out I found John Williamson with the Prisoner in his Custody.

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

Williamson. I am a private Watchman for the Gentlemen : I went home with a Gentleman that was a little in Liquor; as I was going along, it was darkish, I saw two Men that went to run away.

Q. What had they in their Hands?

Williamson. The latter of the two had a long white Pole; I spoke to the Prisoner and said, Hoy, where had you this? Which was a Water Cask; he said at Tower-Hill; said I, why 'tis my Neighbour's Water-Tub; I laid my Hand upon his Collar and said I believ'd he had stole it; he said let me go, I'll run after them that are gone away, perhaps they may know something of it; I said, no I will hold you.

Prisoner. I was going home from the Night-Cart, I never touch'd the Cask.

Guilty .

[Transportation. See summary.]

325. Thomas Huddle was indicted for feloniously returning from Transportation .

[The Prisoner had two Witnesses to prove that he was press'd in Virginia, and one of the Persons took Oath that he was at the Pressing of him there, and that he attempted to run away from their Ship: Upon which he was acquitted . The sturdy Sailor, glad of another Booty, took him away again immediately on board his Ship.]

326. Margaret Lewis was indicted for stealing a Petticoat, a Check'd Shirt, a White Apron and a White Dimity Blanket . the Goods of Rebecca Robinson .

Q. (to Robinson) What are you, a married Woman or a Widow?

Robinson. A Widow . The Prisoner took a ready furnish'd Room of mine at 18 d. a Week.

Q. When did she leave it?

Robinson. About the Middle of July.

Q. Did you lose any Thing?

Robinson. Yes, Sir, In the short Time of her dwelling with me she said Money was short, because her Husband was not in Business; there was a Guinea to pay, and she desir'd I would not be severe with her; I told her not to be uneasy about it, and said, in my Family there was always something to do, and she should fare as I did; she was handy with her Needle.

Q. What then?

Robinson. She was doing as the Family requir'd; and out of my Kitchen and Chamber she took these Things, a Stuff Quilted Petticoat, a Check'd Linnen Shirt, a white Callico Apron, a white Dimity Blanket, &c.

Q. Did you ever find these Things.

Robinson. I went to the Prisoner's Husband, he said he had not seen her, but when he did he would let me know it; and her Husband was the Occasion of her being taken up.

Q. Did you ask her where the Things were?

Robinson. They were sold to Elizabeth Willaby , in King-Street, Spitalfields.

Q. (to Elizabeth Willaby ) What do you know of this Affair?

Willaby. She came to me, poor Creature, with a Child smoking at her Breast; she did it for a Bit of Bread; her Husband did not give her a Farthing, he was never seen to help her in any shape, the Rogue brought an Officer to the Punch-bowl in Moorfields to take her; he was order'd to take the Child and he dropp'd it that Night.

[ In Consideration of her great Necessity and such a wicked Husband, she was Acquitted . ]

327, 328. Joseph Beech and Elizabeth Harvey were indicted, the former for stealing 6 l. 12 oz. of Brass, Value 4 s. the Property of Elizabeth Chapman , and the latter for buying the same, knowing it to be stolen .

Beech was found guilty and Harvey acquitted .

[Transportation. See summary.]

329. Mary Davis was indicted for stealing a Linnen Apron, and some other Thing , the Property of Jonathan Greenwood ; but he not appearing the Prisoner was acquitted .

330. Martin Stephens was indicted for stealing 146 Yards of Lace , the Property of William Kitchen ; but the Evidence not being sufficient he was acquitted .

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

Receiv'd Sentence of Death 4.

Berney Linsey 282

John Pidgeon 305

Felix Matthews 314

Anthony Matthews 315

Receiv'd Sentence of Transportation for 7 Years, 17.

John Wickham 283

Philip Allen 283

Margaret Smith 286

Anna Maria Leverston 289

Original Marsh 290

Sarah Deacon 291

Thomas Pennel 293

Daniel Bodemeyer 300

Mary Smith 301

Mary Fountenow 302

Anne Stracey 306

William Marler 309

Mary Jennings 311

Edward Lowry 318

Samuel Mecum 319

John Kitchen 324

Josiph Beech 327

Burnt in the Hand 1.

Elizabeth Webster - 292