Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 April 2014), October 1746 (17461015).

Old Bailey Proceedings, 15th October 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 15th, THURSDAY the 16th, and FRIDAY the 17th of October ,

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

BEING THE Eighth SESSIONS in the MAYORALTY OF THE

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

NUMBER VIII.

LONDON:

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

(Price Six-Pence.)

THE PROCEEDINGS ON THE

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

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

London Jury.

Francis Harling ,

James White ,

John Child ,

William Grizel ,

John Sutton ,

John Bates ,

Richard Woodyer ,

William Lux ,

William Wetherby ,

John Hoddell ,

Goldsborough Frost ,

William Thomlinson ,

Middlesex Jury.

Richard Bullock ,

John Hawker ,

Ed Wright ,

John Simonds ,

William Jones ,

James Durnas ,

Henry Scott ,

Ralph Prior ,

Daniel Pope ,

James Walsh ,

John Cullis ,

Henry Heasman ,

331. Samuel Mecum was indicted, for that he, together with Richard Clay and John Matthews , about One o'Clock in the Night, into the Dwelling-House of John Hillier of Whitechapel , did break and enter, and steal one Cotton Gown, two Linnen Shirts, two Women's Linnen Caps, one Pair of Worstead Stockings, two Pewter Dishes, six Pewter Plates, one Gun, &c. the Goods and Chattels of John Hillier ; and a Long Lawn Apron, one Copper Pot, &c. of certain Persons unknown .

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

Hillier . I never saw him in my Life before?

Q. Are you a House-keeper?

Hillier. Yes, Sir, I live in Whitechapel ; my House was broke open the 7th of July .

Q. In what Manner was it broke open?

Hillier. By a Pin taken out of the Window , and a Pain of Glass was taken out; it was on the Ground-Floor.

Q. Was you up?

Hillier. The Watchman called me up at Two o'Clock.

Q. What Things did you lose?

Hillier. I lost several Things; in the first Place I lost a Gun, two Pewter Dishes, six Plates, one Shirt, &c.

Q. Have you any of those Things again?

Hillier. Only the Gun, my Lord.

Q. Pray where were all these Things?

Hillier. In the Kitchen.

Q. Are you sure the Shutter was fastened at Night?

Hillier. Yes, I am positive of it; I saw it fastened myself.

Q. How came you by your Gun again?

Hillier. A Neighbour of mine, whose House was broke open about a Month after mine, was speaking to me on Saturday Night, that there was a Person taken up, and in New Prison, for a Robbery; I said I would go with him the next Morning, to see if he would confess any Thing; so when we went there, there was one Collet that confessed , that the Gun was in Chancery-Lane .

Q. When was the Gun brought to you?

Hillier. I believe about the 14th of September.

[The Gun was produced in Court.]

Q. ( to Joshua Collet ) Do you know the Prisoner at the Bar?

Collet. Yes, Sir.

Q. What have you to say against him with Respect to the Fact he stands charged with.

Collet. My Lord, he was concern'd with me in robbing Mr. Hillier's House.

Q. When was it that you robb'd Mr. Hillier's House?

Collet. The 6th of June .

Q. Where does Mr. Hillier live?

Collet . In Whitechapel Road, at the Royal Oak.

Q. What Time was it ?

Collet . Between Twelve and Two in the Night.

Q. Was any body else concern'd with you in this Robbery?

Collet. Yes, Richard Clay and John Matthews .

Q. In what Manner was it that you got into the House?

Collet. The Shutter was shut and key'd, and we turn'd the Pin round and the Key dropt out.

Q. What then?

Collet. Then the Lead Work of the Casement was cut away, and the Glass took out, so we got in at the Window.

Q. When you got in, what did you do?

Collet . We took a Gun (a Fowling Piece) and the Brass, and Pewter Plates and Dishes, &c.

Q. What else did you do?

Collet. A pretty deal of Linnen, Shirts and Aprons. These Things were sold by Matthews at Whitechapel, all except the Gun, which Mecum and I disputed who should have it, so we hustled in the Hat for it, and he won it.

Q. How came you and Mecum to toss up for the Gun when Matthews and Clay were concern'd?

Collet. We allow'd them some Money.

Q. Who made the Discovery of this Robbery?

Collet. I made the Discovery the 17th of September.

Q. Did you at any Time see Mr. Hillier ?

Collet. Yes, in New Prison.

Q. How came he by the Gun again?

Collet. They went to Mecum's House, and search'd and found it.

Q. (to Body) Have you any thing to say against the Prisoner at the Bar?

Body. I have nothing to say, but Archer made himself an Evidence; we search'd Mecum's House, and he made a most desperate Resistance .

Q. Do you know of this Gun ?

Body. Yes, this Gun was in his House; it was cramm'd into the Vault; it dawb'd me as I carried it along. Harris and I found it.

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

Prisoner. Please to ask him, my Lord, which of the Persons I made Resistance to; because I know the Person that took the Gun went to knock me down.

Q. (to the Prisoner.) Now what is it that you have to say in your Defence?

Prisoner . I must lay myself at your Mercy: Mr. Body was Evidence against me last Sessions.

Guilty , Death .

This Mecum has been a very notorious Robber and House-Breaker; he was found Guilty of two Indictments last Sessions, and received Sentence for Transportation .

332. William Wallis was indicted, for that he not having the Fear of God before his Eyes, and being moved by the Instigation of the Devil, by Force of Arms, in and upon Samuel Sharp feloniously and wilfully, with Malice afore-thought, with a Gun charged with Powder and shot, did shoot and wound the said Samuel Sharp in his Left Breast , with a Wound two Inches deep, of which Wound the said Samuel Sharp died .

Q. (to John Hendley .) What have you to alledge against the Prisoner at the Bar?

Hendley. On the 25th of September , about a Quarter past Seven in the Morning, I went into the Rope-Walk where we work, and I saw a Man bring a Gun to William Wallis , in the Rope-Walk near Stepney: The Deceased asked him to let him see it, but the Man refused.

Q. What then?

Hendley. I went up, Sir, into the House to take my Hemp to put about me to work, and the said Samuel Sharp came up to the upper End; I was in Company with the dead Person, and had three Quarts of Beer, and Sharp was drinking with me; he was one of the four that join'd for two Quarts of Beer; he (the Deceased) put the Hemp about him, and the Prisoner at the Bar fired at him; I was about two Yards Distance from him when he fell.

Q. What was the Consequence of letting off the Gun ?

Heddley . It was the Death of the Man; the Man dropt at his Feet.

Q. Did he die immediately ?

Hendley. He never spoke any more .

Q. Had there been any Quarrel between the Prisoner and Sharp?

Hendley . None, as I know of.

Q. Do you know that he is a quarrelsome Man, or that he had any particular Ill-Will to the Person that is killed?

Hendley . Not as I know of.

Q. (to Joseph Baker .) What have you to say against the Prisoner at the Bar with Respect to the Fact?

Baker. As I was going into the Rope-Walk, I saw a Stranger bring the Gun in; Mr. Wallis takes the Gun to look at it; it was a Gun that unskrew'd . The Man pulled the Rammer out of his Pocket, for there was no Place in the Gun to put the Rammer in; so he folds it together again, and puts it into his Pocket. I watch'd it all the while, as he was turning of it about. The Man that owned the Gun stood with his Back to me.

Q. Was it levelled at any body?

Baker. I believe the Deceased had his Face near to it. The Prisoner is a Man that bears as good a Character as any Working-Man whatever.

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

Prisoner. Please you, my Lord, this Man came into the Walk with a Gun, and I took her up to look at her, accidentally, not knowing she was loaded. I don't know how she came to go off, whether she caught hold of my Buttons, or how it was, I cannot tell.

Acquitted .

333, 334. Thomas Bousey and Philip Powel were indicted for stealing one Ewe Sheep Value 14 s. the Property of William Pope , the 28th of September .

Q. (to Pope) Did you lose any Sheep at any Time.

Howel. Hearing of a Sheep being found, I order'd my Shepherd to tell my Flock, which he did, and missed one.

Q. Did you find it?

Pope. No; but I found the Skin of a Sheep in a Pond near these People's House, on Uxbridge-Common , and the Carcass was found in the House of Philip Powel , and the Head and Part of the Pluck in his Pocket.

Q. Where was that Sheep missing from, was it from your Flock?

Pope. Yes, Sir.

Q. Is the Shepherd here?

Pope. Yes.

Q. (to William Sugg ) Are you the Shepherd?

Sugg. Yes There were in the Flock thirteen Score and four, and I told them again and there wanted one .

Q. Did you find that one Sheep missing?

Sugg. No, please you my Lord; here's the Skin , we found it, and can swear to it.

Q. Where did you find that Skin.

Sugg. I was not at home when it was found , here is the Man that found it.

[The Skin was produced in Court.]

Q. Can you tell the Skin of a Ewe.

Sugg. Yes, my Lord .

Q. How do you know that ?

Sugg. My Lord we know it by the Head, a Butcher , or any Body, may tell that, my Lord .

Q. How long ago did you find it ?

Sugg. My Lord I can't tell, I was not at home when it was found, I was gone eight Days out of Town; but I think the Skin was found the Tuesday after Michaelmas.

Q. (to Mary Crouch) Did you ever see that Skin before.

Crouch. I saw it in the Pond, my Lord.

Q. What Pond ?

Crouch. In a Pond hard by Powel's House.

Q. Was it floating in the Pond?

Crouch. No, my Lord, there were Bricks upon it to sink it.

Q. How came you to see it then.

Crouch. I did not see it first, but was told of it by some Children.

Q. How far was this Pond from Powel's House?

Crouch. About a couple of Stones throw.

Q. Is your Husband, John Crouch , here?

Crouch. Yes, Sir.

Q. (to John Crouch ) Do you know any Thing of that Skin?

Crouch. Yes, my Lord, I saw it in the Pond, and help'd to get it out .

Q. Is that the same Skin?

Crouch. Yes, my Lord, 'tis the same Skin.

Q. Was there any Search made upon this at Powel's House?

Crouch. Yes, my Lord.

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

Lyn. On Sunday before Michaelmas, Mary Crouch came down to my House, and said, now is the Time to find your Sheep-Stealers , she thought it was mine; but mine were all Weathers : I goes directly to the Constable, and charg'd him to go along with me: On Sunday, about Eleven or Twelve o'Clock, I goes to Thomas Bousey 's House, where they were taking up a Piece of Beef for Dinner; there I could find nothing; I goes from thence to Powel's House, and looks about, but being dark, I desir'd a Candle; they said they were sorry I should have an ill Opinion of them, I told them I could not but go to those that had robb'd me before; I search'd about for some Time; at last I saw a little Door, about a Foot over, a Sort of a Cupboard Door, low and very narrow; there was a Way up to the Roof of the Parlour; there a Sack appear'd, and a whole Carcass, not cut up, and I believe dressed that Morning; I said Philip, I am sorry you should be such a Fool, this is dressed by a better Hand than yourself: So I goes forthwith and takes up Bousey; I said, I will take up your Father-in-Law; I went to Thomas Bousey 's, and he own'd he kill'd the Sheep, but was no otherwise concern'd about it, and said, I will not go with you; but I took him away by the Constable. I found Part of the Sheep's Head and Pluck in Philip Powel 's Pocket .

Q. (to the Prisoner.) Your hear what is said, that the Carcass was found in your House, in a very unlikely Place, and that you had the Head and the rest of the Pluck in your Pocket .

Prisoner. (Powel) Please you my Lord I was up in the Morning making some Skewers, there was a Drove of Sheep passed by, and seeing a Light at my House, a Man desir'd to know if I could dress this Sheep. I said no, so he ask'd If I could have it dressed, and desir'd I would fetch the Butcher and dress it; and I got my Father-in-Law to dress it .

Q. Have you any Witness of this to call?

Prisoner. No my Lord. When my Father-in-Law came, I ask'd him what it was worth, and he said four or five Shillings ; so I gave the Man four or five Shillings for it .

Both Acquitted .

335. Katherine Dwyer was indicted for stealing a Feather Bolster Value 2 s. a Bed Curtain Value 1 s. &c. the Property of William Clarke , the 27th of September .

Q. ( to Clark ) Had you any Goods stolen from you?

Clark. Yes, a Feather Bolster , a Bed Curtain and other Goods; but the Feather Bolster and Bed Curtain only I found upon her .

Q. When was it that you lost these Things?

Clark. The 27th of September, between Ten and Eleven o'Clock at Night.

Q. How came she to have an Opportunity to take these Things?

Clark. She was acquainted with the Lodgers in my House, and I suppose she was hired by them to bring off the Goods .

Q. ( to the Prisoner ) Do you hear what Mr. Clark says?

[The Prisoner, in her Defence, declar'd, that she was a hard working Woman, and that she was sent by the Lodgers that Evening for these Things.]

[Mr. Clark depos'd, that he caught her at the Door with these Things in her Lap, that he thrust her into the Room again; and that he sent for the Constable and had her committed: He also said he got a Padlock put to the Door a little before, to prevent his Lodgers from carrying off his Goods, but that was broken.

Guilty .

[Transportation. See summary.]

336. John Web was indicted for stealing 15 the Money of Joseph Gilpin , the 18th of August .

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

Gilpin. The Prisoner at the Bar was my Servant , in the Capacity of a Porter.

Q. When was it he liv'd with you?

Gilpin. 'Till the 18th of August.

Q. What is your Business?

Gilpin. A Grocer. I miss'd Money out of my Till several Times; and one Week I put in every Night a Guinea in Silver before I went up Stairs; the first Night he took 3 s. 6 d. the next Night nothing, the Night after that 4 s . 6 d. I told one of my Journeymen that I had several Times miss'd Money out of my Till, and that I would mark some of it; accordingly I mark'd Half a Crown and 13 Shillings and Six-pence, and bid my Man go into the Compting-House to watch in the Dark, which he did: In about five Minutes Time he rung the Bell, and told me the Porter had taken 5 s. in Silver and 10 s. in Half-pence: The Porter was there and the Journeyman : I said to him, John, what Money have you got in your Pocket ? He said he had none of mine. There were 5 s. in Silver and 10 s. in Half-pence. The next Day I had him before Sir John Barnard . I forgot to take the Half-pence from him; he said, indeed, he did not take them from me; I think he had then six or seven Shillings worth about him. [The 5 s. mark'd were produced in Court. ]

Q. (to - Jones.) What do you know of this Affair?

Jones. About the 18th of August, between Nine and Ten o'clock in the Evening, I was in my Master's Compting-House; the Prisoner was in the Cellar, from whence he came and went to the Compter, where he took out a little Drawer with some Silver in it. I was on the opposite Side; but did not come out presently. I saw him take the Drawer and hold it up to the Candle.

Q. How could you see what he took out .

Jones . My Lord, I saw him take the Drawer and hold it up to the Candle, and after he had taken the Money out of the Till he fit the Candle upon the Desk, knelt down and took a Paper of Half-pence, which he held up to the Candle. We generally mark what we put in, sometimes 5 s. worth and sometimes 10 s .

Q. After you had seen this Fact what did you do?

Jones. He took the Candle , my Lord, and went down to the Cellar again; then I came out of the Compting-House and rung the Bell for my Master, to let him know what had happen'd ; then my Master came down and charg'd him with the Money.

Q. What did your Master say to him?

Jones. My Master told him he had miss'd Money several Times, but now he had found him out. The Prisoner said he had no Money but what was his own, and pull'd out the five Shillings that were produced in Court.

Q. (to Mr. Gilpin.) Was you before Sir John Barnard .

Gilpin. Yes, he was examin'd before Sir John, and two or three Hands-full of Half-pence were found about him.

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

Prisoner. I shall leave it to the Mercy of the Court, my Lord.

Guilty Transportation .

337. Elizabeth Goodman was indicted for stealing a Cloth Coat, value 20 s. Silk Waistcoat, value 2 s. a Cloth Waistcoat, value 2 s. a Linnen Sheet value 2 s. a Table-Cloth, value 2 s. three Tea-Spoons, value 3 s. a Pair of Tongs, value 2 s. a Chocolate-Pot, value 1 s. a Saucepan, value 1 s. 12 ruffled Shirts 40 s. the Goods of Joel Fremolt .

Q. (to Joel Fremolt .) Where do you live?

Fremolt. In Queen's-Court, Great Queen's-Street, near Lincoln's-Inn-Fields .

Q. What is your Business?

Fremolt. An Attorney .

Q. Have you a House there?

Fremolt. Yes, my Lord.

Q. Did you lose any Thing out of your House?

Fremolt . Yes, my Lord, all the Things mention'd in the Indictment; I lost them from the 25th of July to the 5th of October.

Q. Where were these Things?

Fremolt. They were all lock'd up in my Chamber, except the Copper-Pot and the Saucepan, which were in the Kitchen.

Q. Who had the Key?

Fremolt. I lock'd the Corner Cupboard where she lay , and had the Key in my Pocket.

Court. Then she was employ'd to look after your House?

Fremolt. Yes.

Q. Did she lie in the House by herself?

Fremolt. One Mr. Palmer lodg'd in the House besides ?

Q. When did you come to Town.

Fremolt. The 24th of September,

Q. Did you come then to stay?

Fremolt. Yes.

Q. Did she continue in the House?

Fremolt . Yes, my Lord, all the Time.

Q. When did you miss these Things?

Fremolt . Presently after I came to Town.

Court. Because you say you did not lose some 'till the 5th of October. Did you then miss your Key, or was it where you left it?

Fremolt. The Key was where I left it, and the Cupboard lock't .

Q. When did you find the Prisoner?

Fremolt. I let it rest a little; I thought I should find it out by that Means. I could not miss any Thing below Stairs, nor any Thing where she lay.

Q. Did you find these Things again?

Fremolt. Yes, my Lord, at several Pawnbrokers.

Q. Did you find every single Thing?

Fremolt. Yes, every Thing. We took her before Sir Thomas De Veil and she confess'd the taking them all.

Q. Where did she say she took them?

Fremolt. She took them out of my Bed-Chamber, except the Chocolate-Pot and Saucepan, those she took out of the Kitchen.

Court. She confess'd she pawn'd them?

Fremolt . Yes, She confess'd that she thought she should not be prosecuted, and upon that Persuasion she confess'd it all.

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

Palmer. I lodge in the same House; I don't know any thing more than that she own'd the taking the Things before she was taken up .

Q. ( to Thomas Marsh .) What is your Business?

Marsh. A Pawnbroker .

Q. Do you know any thing of these Things?

Marsh. Yes, my Lord , I have six Shirts, a Pair of Breeches, a Table-Cloth , a Saucepan, and a Chocolate-Pot; all these Things were brought by the Prisoner at several Times; she had 31 s. for them all together: She came with the Prosecutor and ask'd for every one of them as they say. She has been known to deal at our Shop for ten Years past .

Q. ( to George French .) What is your Business?

French. A Pawnbroker .

Q. What have you to produce?

French. Four Shirts .

Q. Any Thing else ?

French. Nothing else. One Shirt I took of the Prisoner, one my Master took, and two we stopp'd .

Q. Do you know what she borrow'd upon them ?

French. I lent her 5 s. upon one and my Master 3 s. upon another.

Q. (to William Lankey , Pawnbroker.) What do you speak to? What have you got there?

Lankey. I have got two Waistcoats, two Shirts, a Table-Cloth, three Silver Tea-Spoons, and a Pair of Silver Tea-Tongs.

Q. Who brought all these to you?

Lankey. The Prisoner at the Bar.

Q. What had she upon them?

Lankey. Upon the Whole 16 s. 6 d.

Q. Pray did Mr. Fremolt come to claim them?

Lankey. Mr. Fremolt came and claim'd them all as his.

Q. (to the Prisoner.) Have you any thing to say for yourself?

Prisoner. The Gentleman is gone out of Town that I liv'd with; I liv'd with Mr. Fremolt eight Months and I never wrong'd him of Pin.

Guilty 39 s.

[Transportation. See summary.]

338. Susannah Maidland was indicted for stealing three Pieces of Silver Coin , the Goods of Hugh Phelps , of New Bond-Court, in the Parish of St. Martin's in the Fields .

Q. (to Hugh Phelps .) Where do you live?

Phelps. In New Bond-Court.

Q. What did you lose?

Phelps. I lost three Pieces of Silver Coin out of my Breeches Fob, one was a Piece of Eight.

Q. What did that weigh?

Phelps . Three Shillings. Also a Roman Emperor 's Shilling.

Q. What might that be worth?

Phelps. I believe 9 d. and a King Charles the First's 6 d.

Q. What Time of the Night or the Day was this done?

Phelps. Sir, it was in the Morning. This Maid came to me the 14th of August, and on the 19th of that Month I miss'd these Pieces. I left off my Breeches to have a Strap set on, and took the Money out of my Pockets, but forgot that in my Fob . I accus'd the Taylor with having the Money, and told him of it before some of my Customers; I said, George, have you got those Pieces or not; five Weeks afterwards . I found all these Pieces in her Pocket .

Q. Did you search her?

Phelps. My Wife will tell you.

Q. Did the Maid say how she came by them' Let us see the Pieces.

Phelps. There is a Flaw upon King Charles the First's Six-pence; the other Piece is dated the Year 15.

Q. What did she say?

Phelps. She said nothing: We found them the 2d of this Month.

Court. Then she had free Access to your Bed-Chamber?

Phelps. Yes, Sir.

Q. (to Sarah Phelps ) Where were these Things found?

Phelps. In her Pocket , please you my Lord; I took the Pocket myself ; she was struggling to got off , and struggling, her Pocket came off; she said she laid them before she came to us.

Q. (to Woodbridge) Was you by when these Things were taken?

Woodbridge. Yes I was, I am positive to them, I have seen them an Hundred Times.

Q. (to Elizabeth Hill) Was you by when these Pieces were taken out of her Pocket?

Hill. Yes my Lord, I saw them taken out of her Pocket. The first Things were these three Pieces; and I said you vile Creature, have you got these Pieces the poor Man was charg'd with, and had lik'd to have been turn'd out of his Bread about.

Q. (to Francis Evans) How long have you known the Woman?

Evans. Three Years. While she liv'd with me she bore a good Character, and behav'd very sober and honest.

Q. (to Mary Maidland ) How long have you known the Prisoner?

Maidland . I have known her these 20 Years, and never knew she did any Thing amiss in her Life.

Mary Wilson . I have known her all her Lifetime; her Father and Mother and I were all Neighbours; she serv'd seven Years as an Apprentice and gave very good Content .

Hannah Brunt . I have known her two Years, Sir; I have left her in my House at all Times and Seasons, and she never wrong'd me of any Thing, and I believe her to be a very honest Girl.

Q. You know nothing of this particular Fact?

Brunt. No Sir. But I have left her with my Family at all Times and Seasons .

Mary Wingate . She has a very good Character . I have left her with my Family many Times , have entrusted her with many good Things, and never knew her to wrong me of any Thing.

Sarah Comfort . I have know her these two Years; she has been many Times at my House, I have entrusted her, and never lost any Thing by her.

Mary Peareth . I have known the Prisoner for two or three Years, and she bears a very good Character in our Neighbourhood.

Guilty .

[Whipping. See summary.]

339. Robert Lake was indicted, for that he, together with Richard Clay , about Twelve or One in the Night , on the 16th of May, did break and enter the House of Francis Milson , and did feloniously steal and carry away one Gun, value 10 s. one Sword, Value 10 s. five Pewter Dishes, Value 5 s. three Copper Sauce Pans, Value 8 s. one Tea-Kettle , Value 4 s. one Duffil Coat, Value 2 s. four Pair of Leather Shoes, Value 10 s. one Japan Looking-Glass , three Guns, Value 30 s. the Goods of Francis Milson , Sarah Ellis , and Loyd.

Q. ( to Francis Milson ) What do you know of the Prisoner ?

Milson . As to the Prisoner I don't know any Thing of him .

Q. When was your House broke open?

Milson. The 16th of May .

Q. How did you leave your House at Night?

Milson . All safe , my Lord; I bolted the Window myself with my own Hand .

Q. What Time did you rise in the Morning?

Milson. Please you, my Lord, at might be about Five o'Clock, or a little after.

Q. Who first saw the Window?

Milson . My Wife.

Q. How soon did you see the Window ?

Milson. My Lord, as soon as my Wife came down, she told me the House was robb'd .

Q. How was the Window broke ?

Milson . One of the Bolts was wrenched almost off.

Q. What Goods did you lose that Night ?

Milson . All that is mentioned in the Indictment .

Q. Did you lose a Gun, a Sword, Bayonet, and five Pewter Dishes?

Milson. Yes, twelve Pewter Plates, three Copper Sauce-Pans , one Tea-Kettle, one Iron Box, one Duffil Coat, four Pair of Leather Shoes, two Horse Whips, one Japan Cabinet, and a Looking Glass .

Q. Were these your Goods?

Milson . Yes, my Lord .

[The Cabinet was produced in Court .]

Q. Was there any Goods taken besides your own ?

Milson. There were three Guns, three Swords , and three Bayonets , belonging to Mr. Chester.

Q. Was there any Goods belonging to Sarah Ellis ?

Milson. A Box Iron ; and a Great Coat and a Horse Whip of Mr. Loyd's.

Court. The Great Coat, and all these Things lost, they were not all put into the Indictment .

Q. Did you find any of these Things again ?

Milson. Only this trifling Thing the Cabinet. This was produced by Mr. Collet .

Q. Have you any Thing to charge the Prisoner of your own Knowledge?

Milson. No, my Lord.

Q. (to Joshua Collet ) Give an Account of what you know of the Prisoner at the Bar.

Collet. Lake was along with me and Clay, at the breaking open of Milson's House.

Q. What Day was it?

Collet. The 16th of May .

Q. Then you was an Accomplice?

Collet. Yes.

Court. Give an Account of the whole.

Collet. We broke the Shutter with a Chisel , and we all went in and shut the Shutter. The Prisoner at the Bar was present, and helped to do it .

Q. What Goods did you take out of the House?

Collet. Four Guns, four Swords, &c. The Goods were sold to one Mr. Buckland, at the Rising Sun in Long Lane.

Q. Did you divide the Spoil between you?

Collet. Yes, we divided the Money amongst us.

Q. What were they sold for?

Collet. About six Guineas the whole.

Court. That is divided between yourself, the Prisoner, and Clay?

Collet . Yes.

Q. What have you further to say?

Collet. No more to say, my Lord.

Q. (to the Prisoner) You have heard what this Witness Joshua Collet has said; if you are willing to ask him any Questions, you may cross-examine him.

Prisoner. My Lord, enquire into the Witness's Character , he has been a Rogue ever since he was born.

Q. (to Collet) What Time was this Robbery committed ?

Collet. Between Twelve and Two, near One o'Clock at Night.

Q. How long have you been acquainted with the Prisoner at the Bar?

Collet. Not above two Months; he has been out with me four or five Times.

Q. Was that Box taken out?

Collet. Yes, there was Spice in it; that Box I kept, and I delivered it to the Prosecutor.

Q. (to William - , Constable) Give an Account touching this Charge against the Prisoner at the Bar.

Constable. On the 16th of September last the City Marshal said he had a Warrant to take up Lake the Prisoner , and ask'd me if I would serve it; I asked him where he (Lake) was; he said in Wood-Street Compter for a Quarrel in Bartholomew-Fair ; he said he could not let him go, except the Lord Mayor would discharge him, and he did discharge him. When he was in the Coach, he reflected much upon Collet, and said, Men are easily frightned ; I would as soon be D - d as to do any such Thing. The Prisoner said, my Friends would have had me have done this six Weeks ago; I said what; he said, turn Evidence, but he would as soon be D - d as do any such Thing, for Men are frightned , said he, at their own Shadow.

Q. Did you observe that Collet and he were well acquainted?

Constable. Yes.

Q. Where was it they first met?

Constable. At Justice Rickards's , Collet spoke to Lake, and Lake to him again, and said I was advis'd ten Weeks ago to do this. I said do what ? he said turn Evidence.

Q. (to the Prisoner) Ask this Witness what Question you please.

Prisoner. Please you, my Lord, I believe he has been set on by these Thief-catchers. I don't know any Thing of them.

Q. (to Joseph Lake ) What Time did the Prisoner at the Bar come from Sea ?

(By the Council for the Prisoner) What Condition was he in then?

Lake. He was sick before the 22d of May last; I was his Bedfellow all the Time.

Q. What Disorder had he upon him?

Lake. He had the Itch upon him; he was confined ; he was not out; he kept his Chamber.

Q. Did he keep his Bed from the 8th of May to the 22d? Did he keep his Bed all the while?

Lake. He was about the Room.

Court. You say that you was his Bed-fellow; would you chuse to be Bed-fellow to a Person that has the Itch ?

Lake. Sir, I had it myself.

Court. You say he was never out of his Room; did you keep the Chamber with him?

Lake. I kept my Father's Door; I am sensible he was never out.

Q. Did your Brother lay out of Nights from the 8th of May to the 22d? Did he ever lay out of Nights at all?

Lake. No.

Q. ( to Katherine Lake) What are you?

Lake. I am the unfortunate Mother of the Prisoner.

Court. Give an Account of what you know of your Son's coming home, and how long he kept the House.

Lake. He came home the 8th of May; he was taken ill when he came home, and it prov'd to be the Itch; he did not go out from the 8th to the 22d, I won't say he kept one Room, because he might go out of one into another.

Q. How came you to be so particular to the 22d of May.

Lake. I'll give you a very good Reason for it; for my Husband and this Lad of mine was at Maidstone Fair the 1st of May.

Court. Then he never lay out of Nights?

Lake. To the best of my Knowledge he never lay out, except it was when he was at a Fair.

George Shaw . I was at Maidstone Fair , which was the 1st of May; then went to Chatham , that holds three Days, and the fourth Day we came home .

Q. What is the Prisoner's general Character?

Shaw. A very good Character.

Elizabeth Shadpale . I have known the Prisoner for a great many Years, and he bears a good Character.

John Stockal . I have known him for four or five Years, and he bears a good Character.

William Maddocks . I have known the Prisoner eight or nine Years; he is of an undoubted Character.

Joseph Meldin . I have known him for eleven or twelve Years; I worked with his Father; I never heard any Ill of him; I have been with him in several Companies.

Thomas Kilpal . I have known him ever since he was fifteen Years of Age; he has a very good Character.

John Kilpack . I never saw any Ill of the young Man in my Life.

Henry Dibdale . He dwelt almost two Years in my House 'till his Wife died; then he went to his Father's. I never heard an ill Character of him in my Life.

Acquitted .

340, 341, 342. , Battholomew Quickly , and Mary, the Wife of John, Pigeon, were indicted for stealing a Pair of Shoes , the 11th of October , the Goods of - Corp , at Lincoln's-Inn Wall .

Q. (to Richard Kitchen ) Do you know all the Prisoners at the Bar, or any of them?

Kitchen. I know each of them.

Q. What have you to lay to all, or any of their Charge?

Kitchen. I am an Apprentice to Mr. Harris; Bartholomew Quickley and Mary Pigeon came into Mr. Harris's Shop; they spoke about a Pair of Shoes, but soon turn'd out, and went to another. Bartholomew Quickley stole the Shoes out of Mr. Corp's Shop, at the Bottom of the Wall. They went into two or three Shops, which increas'd my Suspicion.

Q. Did they both of them go into Corp's Shop?

Kitchen. They were all three in the Shop, when I saw the smallest of them, Bartholomew , steal the Shoes.

Q. Where did he steal them from?

Kitchen. From the Cutting-Board .

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

Kitchen. About Seven o'Clock at Night, my Lord.

Q. What did he do with them then?

Kitchen. He conceal'd them under his Coat.

Q. What Shoes were they?

Kitchen. A Pair of Mens Shoes. I immediately seiz'd him in the Shop, and he said he had bought them of the Gentleman of the Shop; in the mean time he made his Escape out of the Shop, and I follow'd him into Lincolns-Inn-Fields. They were all three in the Shop together.

Bartholomew Quickley , the Prisoner. I did not make my Escape, my Lord; I thought a Press-Gang was come.

Kitchen. He us'd a great Oath, G - d - your Soul, I bought them of the Gentleman of the Shop. I apprehend they are Confederates by speaking in our Shop in such a familiar Stile .

Q. (to Benjamin Reynolds ) What have you to say against any of the three Prisoners at the Bar? Where do you live?

Reynolds. In Turnstile, my Lord; I am a Housekeeper . My Lord, the tall Man came into my Shop for a Pair of Shoes; my Servant had shewn two Pair, and while he was looking on the third Pair, the little Fellow, the Prisoner, call'd him out, and they both went off together .

Q. (to Catherine Corp ) Have you any thing to say against the Prisoners at the Bar?

Corp. I have this to say, that Mary Pigeon , one of the Prisoners, came into my House last Saturday Night; she pretended she wanted a Pair of Stuff Shoes; I thought she wanted to steal a Pair; and two Men came presently after she had had one Pair of Shoes try'd.

Q. Did either of the Men come in to ask for Shoes?

Corp. One of the Men ask'd for a Pair of Shoes; I told our Man to fit the Gentleman, and I would endeavour to please the Gentlewoman; upon which the young Man, Mr. Kitchen , took the Shoes from under Bartholomew Quickley 's Coat; the Prisoner told him that he had bought them, and turn'd about and run away, and the young Man follow'd him; the tall Man, the Prisoner, said , What is the Matter? my Man said, Your Friend has stole a Pair of Shoes; he reply'd, he had no-body with him but his Wife, which was Mary Pigeon .

Mary Pigeon . Ask her whether she saw me attempt to steal the Shoes.

Court. She has sworn she suspected you .

Pigeon. For what Reason did you suspect me?

Corp . Because no-body had any Business to go in that Corner to crowd me up, &c.

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

Halsey. With Mr. Corp.

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

Halsey. She came in and ask'd for a Pair of Shoes; I try'd a Pair on, which did not fit her; this was on Saturday Night last.

Q. Did any body come in with her?

Halsey. No, my Lord; but as soon as I went to try another Pair, the tall Man and the other Prisoner came in; and Tooley ask'd me if we had a Pair of Shoes that would fit him; I shew'd him a Pair, and he look'd at them at the Candle; he said he was a Piece of that Craft himself, and knew what Shoes were; says he, I am just come from Sea, and shall want half a Dozen Pair, if you use me well. While I was trying the Shoes, in comes Mr. Kitchen, and took a Pair of Shoes from the short Man, the Prisoner: As soon as Mr. Kitchen had taken the Shoes, the Prisoner ran away out of the Shop, and Mr. Kitchen run after him; the tall Man said, What is the Matter? I said, the Man that you brought into the Shop with you, has stole a Pair of Shoes; said he, I don't know any body but my Wife; said the Woman, The Man is not my Husband, I know nothing of the Man. The tall Man said we should not detain his Wife over and over, and ask'd if they had stole any thing; I said, No, you have not, but I won't let you go 'till my Master comes. She declar'd afterwards, that she was not his Wife.

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

Prisoner. I never saw these People before I saw them that Night I had the Shoes in my Hand. I ask'd him over and over, What is the Price of the Shoes?

Q. ( to Fool Tooley ) What have you to say?

Tooley . My Lord, if I had had a Mind to run away, and had a Notion of being concern'd , I could have made my Escape as well as the other; as there was no-body in the Shop but he and the Gentlewoman.

Q. (to Mary Pigeon ) What have you to say?

Pigeon. I went to buy a Pair of Shoes; I never set Eyes on them before.

Halsey. My Lord, she offer'd to swear on Sunday; and wish'd she might be deliver'd of a Wolf if ever she saw them.

All Guilty .

[Transportation. See summary.]

343. Susannah Jones was indicted for stealing two Pieces of flower'd Silk, containing one Yard and a Quarter , the Goods and Chattels of James Bradshaw .

Q. (to James Bradshaw ) Had you any Good stole from you?

Bradshaw . Yes, Sir, the Prisoner, Susannah Jones, liv'd with me as a Servant about twelve Months: After she left my Service she went, and was inform'd, to live with Mr. Godwin, who suspecting that she had robb'd him of a great many Goods, of a considerable Value, he got a Search Warrant, and found her Place of Rendezvour, in which Place were several Goods that to him; upon which he came to me, and me if I had lost such Goods at the Time that she liv'd with me?

Q. How long was it after she left your Service that Mr. Goodwin told you that she had stole any thing from him?

Bradshaw. I believe it was two Years afterwards . When Mr. Godwin came to me, I told him I had lost some remarkable Silk, which my W had in her Gown. Mr. Godwin told me, upon searching at Chelsea , where she had a Bastard Child at Nurse, that her Child had the Skirt of a Coat of a remarkable fine Silk; upon which I desir'd him to bring it to my House at London; by comparing it, we found it to be the very same Silk which had lain by as useless, 'till we should make it up for Child of our own.

Q. (to Judith Simson ) What have you got there?

Simson. The Skirt, my Lord, of 2 Child's Coat that Mrs. Jones brought to my House at Chelsea Mr. Godwin's Man found it at my House.

Q. When did she bring it?

Simson . A great while ago, I can't tell the Time; it may be Half, or three Quarters a Year; it was made as it is, for the Child to wear.

Court . Recollect how long it was ago.

Simson. I know it was before last Summer: I nurs'd the Child for her; the Child is almost four Years old.

Q. Was that Silk ever search'd for, or demanded by you?

Simson. Yes, my Lord, they went and took an Inventory of the Child's Things.

Q. (to John Manning ) Do you know any thing of that Silk? Where did you find it?

Manning . I found it at Mrs. Simson's, at Chelsea ; I went there to enquire after Susannah Jones , the Prisoner at the Bar: Going there the Woman told me she should see her the Tuesday following, in the City , or at her House; I was there before Eight o'Clock; so she took a Pair of Oars to go to see Susannah Jones, and I took another to follow her . I said to the Waterman, keep up close, I will pay you something extraordinary for it. The Man being acquainted with the other Waterman, ask'd him where he was bound for? he answer'd, Blackfryers ; so I said to my Waterman, You land where the other lands. When she got out of the Boat, I dogg'd her up Blackfryers , and from thence to the Saracen's-Head on Snow-hill. I sent to my Master, and told him I had set Mrs. Jones; there I waited some Time, and they went from thence into Newgate-Street , and from thence to the Harrow in Greyfryers ; she saw me, and went to run down that Place; I said, Mrs. Susan, you shall go no further, you shall not slip my Hands.

Q. (to Bradshaw) Have you any Reason to suspect that this Silk was stole from you?

Bradshaw. This Silk was in a Gown for my Wife, 'tis very remarkable; I bought it in France. Another Reason I have to believe it to be the same is, that the whole Breadth is cut, and half the Breadth cut in two.

Q. When was this miss'd?

Bradshaw. It was not miss'd when the Prisoner left my House; it might be about six Months, for my Wife had no Occasion to look after the Silk.

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

Jones. My Lord, I bought it behind St. Clement's .

Guilty .

Susannah Jones was indicted a second Time for stealing one laced Cambrick Handkerchief, Value 10 s. one Linnen Shirt, Value 5 s. the Goods and Chattels of Alexander Godwin , the 7th of June .

Q. (to Alexander Godwin ) Do you know the Prisoner at the Bar?

Godwin. Yes.

Q. Did you lose any thing at your House; as a laced Cambrick Handkerchief, &c. do you know any thing, of your own Knowledge, of the Prisoner's taking them?

Godwin . Here are others will speak to it, &c.

Q. (to Anne Kendall ) Do you know of any Goods, at any Time, to be pawn'd?

Kendal . My Lord, she gave me the Key, and sent me to the Place where she had a Box of Goods.

Q. When was this?

Kendal . About a Week ago; she gave me the Key, and order'd me to fetch such Things out of her Box to pawn, (the Goods were produced in Court) and I pawn'd them at this Gentleman's, Mr. Messenger's .

Q. ( to Mr. Messenger , the Pawnbroker) Do you know any thing of this Woman?

Messenger. Yes; she brought an Apron, Handkerchief and Ruffles , &c. and I lent her twenty Shillings upon them. She has dealt with me near three Years; I had a Character of her.

Q. How long did they continue in your Possession ?

Messenger. They were with me 'till Tuesday was se'nnight: Mr. Godwin and his Spouse came to my House, and I brought them all down to them.

Q. (to Mary Sweet ) Do you know any thing of the Goods?

Sweet. Several of her Goods were left at my House; I lent her a Box to put them up in, for I thought they were her own.

Q. (to Mary Godwin ) Do you know whose Goods these are?

Godwin. The laced Handkerchief is not my own; there are a Pair of Ruffles and laced Cap are mine; there are four Yards, I think, within half a Quarter, upon them; the Shift and Apron are mine.

Q. When were these Things lost?

Godwin. In May. The Prisoner came to me the 14th of February, and continued with me to the 7th Day of June.

Q. Had you miss'd any of these Things before the 7th of June?

Godwin . It was on the 7th of June that I miss'd the Lace.

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

Prisoner. I did not know I wanted any Witness to my own Things.

Alexander Godwin . My Lord, I miss'd Goods at several Times. A Person that quarrell'd with her inform'd me of several Things. She serv'd me with a Writ for false Imprisonment; she employ'd Mr. Moore, (a Sort of Attorney) to come to me. Here's Witness to prove, that, at least, she would get four or five hundred Pounds of me.

Guilty .

[Transportation. See summary.]

344. Robert Radwell was indicted for stealing one Gelding, of a black Colour , the Property of John Arnold , Esq ;

Q. (to Henry Morgan ) What have you to alledge against the Prisoner, with respect to the Fact for which he stands charg'd?

Morgan. This was a black Horse belonging to the Train of Artillery, the Property of John Arnold , Esq; Robert Rodwell rode the Horse from Scotland to Kicksend .

Q. Did you belong to the Train of Artillery?

Morgan. I did .

Q. In what Capacity was the Prisoner at the Bar ? Did he belong to the Train of Artillery ?

Morgan. Yes; he overtook us at Mansell, and came to Kicksend . Mr. Arnold furnish'd all the Horses belonging to the Artillery.

Q. Well, what have you further to say?

Morgan. Then he came along with us as far as Kicksend .

Q. (to John Rose ) What is it that you know of this Matter ? or what have you to say against the Prisoner?

Rose. On the 16th Day of June, at Kicksend, I put the Saddle and Bridle upon that Horse he rode; he rode from Kicksend to Barnet . He went on Sunday to see his Brother; we left him at Highgate .

Q. Was the Horse deliver'd to the Prisoner?

Rose. Yes, my Lord, by the Conductor's Orders.

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

Prisoner. No more, than that he knows I behav'd very well.

Q. (to the Witness) How did he behave?

Rose. He behav'd well.

Court. We'll ask the same Question to Morgan; How did he behave all the Time upon the Road.

Morgan. I have nothing to say against his Behaviour .

Q. (to John Dean ) Where do you live?

Dean. At Barnet , my Lord I bought a black Gelding that belong'd to Mr. Arnold.

Q. On what Day?

Dean. On the 7th of August.

Q. What did you give the Prisoner for the Horse?

Dean. I was to give him forty-five Shillings at Whetstone .

Q. Did the Prisoner offer him to sale.

Dean. I heard of him, and I call'd upon him at Whetstone ; I gave him Sixpence Earnest. He told me he bought it of one Mr. Clark, Mr. Arnold's Conductor; I said I would have it toll'd, and there was a drunken Fellow to vouch it; he said he saw the Prisoner buy it at Smithfield; which was so contrary a Story to what the Prisoner had told, that he had bought it of one of Mr. Arnold's Conductors, that we took him up upon it.

Q. (to the Prisoner.) Would you have this Gentleman asked any Question?

Prisoner. I have no Question to ask, any further than that I sold the Horse to him .

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

Prisoner. I was along with the Train of Artillery three Quarters of a Year, when the great Troubles happened, but I never was in such a thing before in my Life .

Guilty , Death .

345. Benjamin Lewis was indicted for stealing one Snuff-Box, value 7 s. one Gold Ring, value 18 s. one Gold Ring, value 4 s. five Silver Knee-Buckles, value 4 s. 6 d. a Moidore, eight Guineas, between 30 and 40 s. in Silver , the Monies and Properties of John Fisher , the 31st of August .

Q. (to John Fisher .) Did you lose any thing out of your House?

Fisher. I lost a Snuff-Box worth 7 s. one Gold Ring worth 18 s. another worth 4 s. five Silver Knee-Buckles worth 4 s. 6 d. a Moidore, eight Guineas , between 30 and 40 s. in Silver, &c.

Q. Where were all these Things?

Fisher. In a Drawer in the Bar, my Lord.

Q. What Day did you lose them?

Fisher. Between the 30th and 31st of August, on Sunday Morning.

Q. When did you see them?

Fisher. The very Day before, I had them in my Hand.

Q. Was your Drawer lock'd?

Fisher. Yes, my Lord.

Q. Did you find it unlock'd?

Fisher. I found the Drawer taken away, and all in it.

Q. Did you find any of your Things again?

Fisher. Yes, my Lord, I found the Snuff-Box in a Gentleman's Hand that the Prisoner had sold it to.

Q. Have you found any of your other Things again?

Fisher. No, my Lord.

Q. Did you take up the Prisoner at the Bar?

Fisher. No, my Lord, he was taken up by a Pawnbroker for something else.

Q. When you found the Snuff-Box upon him, did you tax him with the other Things?

Fisher. Yes, my Lord, and he confessed that he had Part of the Money.

Q. What were the Words he confessed; did he confess he took away the Drawer, or the Snuff-Box?

Fisher . He confessed he saw a Man come from my House, and he asked him what he had got there, &c.

Q. Where does the Prisoner live?

Fisher. My Lord, he liv'd by me; I think he is a Child's Shoemaker .

Q. (to George Greensword .) Do you know that Snuff-Box?

Greensword. Yes, I bought it of the Prisoner at the Bar, at a Publick House near our House; I gave 8 s. for it.

Q. What did you buy a Snuff-Box for?

Greensword. I bought it for my Wife, but she would not accept it.

Q. What did he say when you bought it?

Greensword. He said he had it of a Friend of his that wanted Money.

Q. Where did he say he had it ?

Greensword . He said, on Sunday Morning he saw a Man come with something out of the Prosecutor's House; and he said to him, What have you got there? and the Man gave him the Snuff-Box and Half a Guinea to hold his Tongue.

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

Cator. When Mr. Fisher was robbed , he asked me whether I had received a Note . I had not. He desired me to go to Bridewell , and to enquire of the Prisoner, whether he had this Note, or could get out of him the two Gold Rings. I asked the Prisoner if he had any Note sign'd Thomas Cator ; he said he did believe he had. Mr. Fisher did say, Have you two Gold Rings? He was pleased to d - n the Box, however, and said there was bebetween seven and eight, but few of them Gold: He said there was another Note besides mine. I asked him whether I could have my Note again; he said, it should never come against me, he would either give it me, or it should be destroy'd, and that he had them of a Man, &c. as before-mention'd.

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

Prisoner. He asked me concerning a Note; I told him I knew nothing of it. Mr. Fisher sent Men to me to make me fuddled , and I gave Men in Bridewell the Liquor, because I did not chuse to drink to Excess.

Q. (to Roger Berrel .) How long have you known the Prisoner?

Berrel. About six Years, he used my House and behaved very well.

Q. Is the Prisoner a married Man?

Berrel. Married.

Q. (to John Shirison .) What do you know of the Prisoner?

Shirison . I have known the Prisoner for three Years and a half, and never saw any Misbehaviour in the young Fellow in my Life.

Q. (to Daniel Smith .) What do you know of the Prisoner?

Smith. I have known him these four Years; he was always a hard working Man.

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

Cartwright. His Character was always very good as far as I know.

Q. (to Alexander Mitchen ) Do you know the Prisoner?

Mitchen . I have known him three or four Years; he had a very good Character, he behaved very well.

Q. ( to William Bliss .) How long have you known the Prisoner?

Bliss. I have known him six or seven Years; he had always a good Character, as far as I know .

Q. (to Anne Simons .) What Character has the Prisoner?

Simons. He has a very good Character, has been a laborious young Fellow .

Guilty .

[Whipping. See summary.]

346. Thomas Mcasham was indicted for stealing one Livery Suit of Clothes, the Property of Mr Porter , and one Cloth Coat , &c. the Goods of Benjamin Sumers , the 7th of September .

Q. (to Benjamin Sumers .) Do you know the Child at the Bar?

Sumers. I am Coachman to Mr. Porter, and I have lost a great many Clothes out of Mr. Porter's Stable; I lost a Great Coat and a Suit of Livery , a Coat and Waistcoat besides.

Q. How long had you them?

Sumers. I had them four Months.

Court. You don't lay them as yours?

Sumers . No, they were my Master's, my Lord, Mr. Porter's. The Livery Clothes were taken out of the Stable the 7th of September.

Q. What Reason have you to say that the Prisoner at the Bar had any thing to do with taking them ?

Sumers. On the 28th of September I caught that Boy rising a Ladder against the Lost Door.

Court. That Boy rise a Ladder!

Sumers. A small Ladder that we used to clean the Coach.

Q. Did you lose a Cloth Coat of your own , besides your Master's?

Sumers . Yes, my Lord, it was a Cloth Coat. I lost them the 7th of September, and the 28th I catch'd the Prisoner rising the Ladder against the Lost.

Q. What then?

Sumers. I ask'd him what Business he had there? He told me he had lost his Top in the Horse-Pond .

Q. But what had that to do with the Lost?

Sumers. It was just by the Lost, where he rose the Ladder; I examin'd, but I could see no such Thing as a Top. About a Fortnight before that, he push'd open the Stable Door; he ask'd me whether it was not a Thorough-fare ; I told him, no. He told me that one of the Bricklayers had sent him up, and told him it was a Thorough-fare . I sent him out . When I took him at the Ladder, he declared to me, he never was in the Yard before .

Q. ( to George King .) What are you ?

King. I am the Constable. When the Boy was charg'd with me, I carried him to the Compter. The last Witness charg'd him on Suspicion. It being Sunday, and the next Day Michaelmas Day, we could not be heard; but the Day after we brought him before Justice Pennant.

Q. ( to James Norril .) How old are you?

Norril. Between 13 and 14.

Q. Do you know any thing of the Nature of an Oath ?

Norril. They must not swear any more than Truth .

Q. What is your Notion if a Person takes a false Oath .

Norril . Their Souls go to Hell to be sure .

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

Norril. That Boy (the Prisoner) and I went up the Yard.

Q. Any body else?

Norril. None but him and I.

Q. What Yard did you go up?

Norril. 'Tis a Gentleman's Yard in Broad-Street. It was on a Sunday Night, I can't tell what Month.

Q. How long ago ?

Norril. It might be about six Weeks ago.

Q. What did you do then?

Norril. Then he took a Pane of Glass out of the Window, just over the Place where they shoot the Dung.

Q. How did he get into the Stable ?

Norril. He took a Pane of Glass out of the Sash and put it upon the Dunghil, then got in.

Q. When was this?

Norril. Between One and Two in the Afternoon.

Q. How could he raise himself to the Place?

Norril. Where they shoot their Dung, the Casement was just over it; he got upon the Dung, then he could get in as easy as any thing.

Q. Did he take any Thing out .

Norril. Yes, my Lord, I was in the Yard at the same Time; there was a Coat, Waistcoat, and a Pair of Breeches . We came afterwards and got a brown Coat , &c.

Q. Who carry'd them off?

Norril. He carry'd them: We tied up the Coat, Waistcoat and Breeches in a Handkerchief.

Q. What were they a Child's Coat and Breeches?

Norril. A Man's Coat and Breeches , my Lord.

Q. What Sort of a Handkerchief was it?

Norril. A blue Handkerchief .

Q. Where did he tie them ?

Norril. In the Necessary-House that is in the Yard .

Q. Did you help him to tie them up?

Norril. Yes, my Lord .

Q. What did you do with them afterwards?

Norril. We sold them in Houndsditch, to one Aaron Cordozer , over-against the Gullyhole . We sold the Coat, Waistcoat and Breeches for 9 s. When we got the white cap'd Coat and brown Waistcoat we sold them to the same Person for 3 s.

Q. Who got into the Stable a second Time?

Norril. He went in, my Lord.

Q. When was it that you made this Confession?

Norril. About a Week ago.

Q. Was you taken up before you made this Confession?

Norril. Yes, my Lord.

Q. Are there any other Witnesses?

Norril. No, my Lord.

Q. (to Jane Swanson .) What have you to say on the Behalf of the Prisoner?

Swanson. I have known him ever since he was three Years old.

Q. What are his Friends?

Swanson. His Friends are poor working People.

Q. Are you any Relation to the Prisoner?

Swanson. No, Sir.

Q. Does the Boy go to School any where?

Swanson. He has been at School at a House in Wingfield-Street , Spitalfields.

Q. Are his Father and Mother here?

Swanson. I don't know that they are; I saw his Father here to Day.

Acquitted .

347. John Jetter was indicted for stealing a Piece of Gold Coin, call'd a Guinea, out of the Shop of Thomas Morgan , on the 13th of April 1745 .

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

Morgan. On the 13th of April last was a Twelve-Month I lost a Guinea; this Man, the Prisoner at the Bar, and another along with him, came into my Shop: My Wife had just receiv'd four Guineas, and push'd them up towards me to put them into the Till; but I was busy and the Prisoner put out his Hand and took up a Guinea: I saw him, but thought he would have put it down again. He withdrew himself as if he would go out, and said, you know I am an honest Man, I will soon return it; so he whipp'd away.

Q. Are you sure that he took the Guinea away?

Morgan. Yes, my Lord, I spoke to him when he was going away, and that was his Answer.

Q. How long was this ago? You say last April was a Twelve-Month.

Morgan. This Man, my Lord, was never to be found by me nor others that wanted to take him. I heard that the other Person went sometimes as his Servant, his Footman, and sometimes for his Son.

Q. What Time of the Night was it?

Morgan. About Ten o'Clock.

Q. What Shop do you keep?

Morgan. A Broker's Shop, my Lord.

Q. What did you sell there?

Morgan. Not much; sometimes I sell some Things. I went to several Places to enquire after him: I am positive this is the Man, I saw him at my House twice before, about a Fortnight before that Time.

Q. What Business did he follow?

Morgan. I never heard of any Business, besides taking of Houses and defrauding People; I never heard any other Character of him in my Life.

Court. (to the Prisoner.) You hear what this Man says.

Prisoner. This Man is a Pawnbroker, my Lord; I was oblig'd to pawn some Things about a Twelve-Month ago, and he lent me a Guinea more upon them about a Week after: I wanted a little more Money upon a Wig that cost me three Guineas. Ask him whether he did not lend me a Guinea more upon the Plate last Easter Saturday was a Twelve-Month; upon two Silver Spoons and a Silver Salt .

Q. (to Morgan.) Had you any Plate of him in pawn? Was there any Money advanced as he speaks of?

Morgan . Not one Farthing at that Time.

Q. What did you advance at first upon the Plate?

Morgan. My Lord, I don't remember exactly what it was; but he had it again .

Q. When you was robb'd of this Guinea did you pursue the Prisoner?

Morgan. My Lord, I went to the Door, but I could not see where he was gone.

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

Morgan. I know, Sir, he came to our House ; I was busy behind the Compter in receiving some Money. I shov'd some Guineas towards my Husband, and desir'd him to take Care of them; the Prisoner directly took up a Guinea and ran out .

Q. What Day was that ?

Morgan. Really, my Lord, I can't tell justify the Day, but it was about a Twelve-Month ago. My Husband went several Times after him, but could not find him.

Court. ( to the Prisoner.) This Woman says she was in the Shop at the Time when you took up this Guinea.

Prisoner. Her Husband said , let my Jetter have a Guinea more upon his Plate .

Francis Marshal . The Prisoner has cheated me of 20 l.

[The Prisoner's Son appear'd in Court for his Father, who declar'd he was present in the Shop when he receiv'd the Guinea; and told a Sort of a Story that the Guinea was advanced to get up some Writings that they should gain great Advantage by; but he being concern'd in helping his Father to make his Escape out of Newgate, he was taken up and clapp'd in Irons; though at the breaking up of the Sessions the Court order'd him to be releas'd.]

Guilty Transportation .

348. Katherine Jolly was indicted for stealing two large Silver Spoons and a Tea Spoon , the Goods of Anne Eddison , of Chiswell-Street .

Q. (to Anne Eddison ) Did you lose any Thing?

Eddison. Yes. A large Spoon and a Tea Spoon, the 27th of September.

Q. Where were these Things?

Eddison. In a little Buffet.

Q. Where do you live?

Eddison . In Chiswell-Street .

Q. When did you first miss them?

Eddison. The Maid miss'd them presently after the Prisoner was gone out of the House.

Q. Do you know the Prisoner?

Eddison. Yes, my Lord, she was with me 14 Years ago, she nurs'd me; so she came to see me.

Q. What Time was it?

Eddison. About Two or Three o'Clock in the Afternoon.

Q. How long did she stay?

Eddison . About an Hour and Half.

Q. Did you make any Pursuit after her?

Eddison. She said she lived down at Tower-Hill; I went down that Way, and going about the Street I enquired of Black-shoe Folks, and the like, and I heard of her; at last I came up Wellclose-Square and I saw her standing in Rosemary-Lane the next Day; I ask'd her whether she was not at my House yesterday Afternoon, she said yes; I desir'd her to go home with me; which she accordingly did; then I ask'd the Maid if that was not the Person, and the Maid said yes; so I charg'd her with the Robbery, and she told me she had not got them ; I pleaded with her hard to tell me where the Spoons were ; she would not tell me any Thing about them, so I charg'd the Constable with her. After we got her before the Justice she confess'd it, she said she was turn'd out of her Lodgings, that she had not a Farthing in the World to help herself; that she had sold the great Spoon, and the little one she threw into the Vault .

Q. What was it worth ?

Eddison. They were both valued at 5 s. She told me she had pawn'd it in Ratcliffe Highway , so on the Friday I went to every Silversmith and Pawnbroker I could find, and I happen'd to go to this Gentlewoman's House, Mrs. Wiles; I ask'd if there was not a Spoon there that Katherine Jolly had brought for a Crown, and she told me there was such a one brought; I ask'd her to tell me the Marks, she believ'd it was the same Spoon that Katherine Jolly had shewn her: She would have sold it or pawn'd it, but the Pawnbroker would not receive it .

Q. (to Mary Snow ) What are you?

Snow. I am a Servant Maid .

Q. Did the Prisoner come to your Mistress's House at any Time?

Snow. Yes my Lord; the 25th of September.

Q. How long did she stay ?

Snow. An Hour and Half .

Q. Did you remember when your Mistress brought her the next Day?

Snow. Yes my Lord.

Q. Do you remember what she said?

Snow. I heard her confess it before the Justice; she said she had pawn'd one for a Crown, to pay her Lodging, and the other she hurl'd away .

Q. (to Anne Wiles ) Did the Prisoner bring any Spoon to pawn?

Wiles. Yes, she did; she desir'd me to buy it, or she would pawn it, she said she brought it for a Friend, I said I would not trouble myself about it ; but as near as I can guess it was much the same as Mrs. Eddison shew'd me.

Guilty 10 d.

[Whipping. See summary.]

349. Mary Adams was indicted for stealing a Silver Spoon, Value 7 s. the Goods of John Manning , of Charing-Cross .

Q. (to John Manning) What have you to aledge against the Prisoner ?

Manning. She came into the Kitchen and took the Spoon .

Q. Was you in the Kitchen yourself?

Manning. No, my Lord.

Q. How do you know she took the Spoon? Did you see her come out of the Kitchen?

Manning. When Dinner is over the Pewter is wash'd up and brought into the Bar, and a Spoon being lost, all the Servants were examin'd about it; but as it could not be found I was thinking of advertising of it; in the mean Time, one Mr. Clew, Constable of Westminster, came to me and ask'd me if I had lost any Thing; I told him I had just miss'd a Silver Spoon, and he said he had got one. She went to pawn it to him, and he had the Spoon in his Custody; I told him if it was mine I would shew him the Fellow to it, which I did; when I went down to the Round-House with the Constable, she begg'd I would be favourable to her, and she would never do any such Thing again.

Q. Are you sure this is the Woman that came to your House?

Manning. I am sure of the Woman. When I went down to the Round-House she begg'd I would be favourable to her; I told her it was out of my Power, it must be as the Law directs; with that I went to Justice Manly. She said it was given her among some broken Victuals, some stew'd Beef, which we had none of for two Days before. First she said it was given her with broken Victuals , and afterwards own'd that she took it.

- Clew. I am the Constable of St. Margaret's , Westminster.

Q. What have you to say against the Prisoner?

Clew . Mr. Pearson sent for me, when I came, there was this Woman, the Prisoner at the Bar, with this Spoon.

Q. What did he charge her with?

Clew. He stopp'd this Spoon, as stolen .

Q. Was you with her before the Justice .

Clew. Yes, my Lord .

Q. What did she say at Justice Manly's?

Clew. She deny'd the taking of it.

- Pearson. On Saturday the 4th of October came in a short Woman, (not the Prisoner at the Bar) with this Spoon; she desir'd to know if it was Silver, and what she might have for it, and said she found it upon a Dunghill in Tyburn-Road. Whilst I was speaking with the Woman the Prisoner at the Bar immediately said, 'tis my Spoon; and that it was given her: I said, given you, by whom? she said, at the House where I had some broken Victuals : I ask'd her what House, and bid her tell me particularly and I would send my Servant; she said she could not tell; I then said I would charge a Constable with her; she said it was her Property, and she gave it the other Woman to pawn; upon that I sent for the Constable, and went before Justice Manly; there she said it was given her with broken Victuals; he ask'd her how much, she said about as much as you could hold in your Hand; he said it was strange such a Spoon should be buried in it. She said it was stew'd Beef.

Guilty 10 d.

[Transportation. See summary.]

350. Thomas Hinson was indicted for stealing two Camblet Skirts of Coats, value 7 s. a Linnen Shift value 1 s. a Laced Handkerchief value 10 s. two Shirts value 6 s. a Pair of Linnen Sleves value 6 d. two Pieces of Linnen Cloth value 8 d. &c. the Property of William Abbot .

But the Prosecutor not appearing, he was Acquitted .

351. Susannah Grey was indicted for stealing a Feather-Bed value 5 s. a Bolster value 2 s. a Blanket value 1 s. two Copper Pots value 2 s. eight Pewter Plates value 8 s. &c. the Goods and Chattels of John Kelly , Esq ;

But the Prosecutor not appearing, she was Acquitted .

352. Mary Webster was indicted for stealing two Copper Stewpans value 12 s. a Copper Saucepan value 4 s. and a Linnen Shirt value 4 s. the Property of James Smart ,

But the Prosecutor not appearing, she was Acquitted .

353, 354. George Taylor and Mary Robinson , Widow , otherwise the Wife of the said George Taylor , were indicted for conspiring together, that the said George Taylor should personate Mr. Richard Holland , in order to her being married to the said Richard Holland , that she might entitle herself to his Estate, &c. and accordingly they were married the 18th of July , at the Parish Church of St. Andrew, Holbourn .

Council for the Prosecution. This Indictment further sets forth, that Mary Robinson , upon the 18th Day of July, at the Parish of St. Andrew, Holbourn , did unlawfully contract Marriage with the the said George Taylor , in the Name of the said Richard Holland , &c.

Council. I am likewise Council in this Cause for the Prosecution; though this Indictment is laid several Ways, as is usual in such Cases, in order to prevent notorious Offenders escaping Justice, yet the Sum of the Indictment is only the fraudulent and wicked Contrivance of a Marriage between the two Defendants, in which the Defendant Taylor, was to personate, and did personate, Mr. Richard Holland . This is laid to be with a Design to distress and injure Mr. Holland, to entitle Mary Robinson , after his Death, to his Estate and Effects, as supposing this had been a real and true Marriage between Mr. Holland and her; but in this Case the Intent of the Person can be made no otherwise than by the Nature and Circumstances of the Fact; therefore, Gentlemen, I would beg Leave to state the Nature of the Thing; this Person, Mary Robinson , liv'd with Mr. Holland. The first Step we could trace out , was the Meeting of the two Defendants at the Sun-Tavern in St. Paul's Church-Yard in July last.

You can't expect we should call Witnesses to this Meeting, the Nature of the Thing will not admit of it; the Intent of that Meeting will appear best by those Actions that follow it; therefore, Gentlemen, I shall go to the next Step, taken the 18th of July: As this Defendant, George Taylor , was to personate Mr. Holland, who is a Gentleman of Fortune, it was necessary he should be provided with proper and decent Cloaths to personate a Gentleman ; for that Reason the Defendant, Mrs. Robinson, on the 17th of July, sent a Box from her Master's House at Hornsey , in which there were a Coat of Mr. Holland's, a ruffled Shirt, Neckcloth and Wig, these were directed to be left at Mr. Casker's, who keeps an Inn in Little Britain, the 18th of July. The Defendant came to Town from Hornsey herself, goes to Mrs. Casker, finding it there she gave Directions to deliver this Box to the Person she should send for it ; when she had done this , she went directly to Mr. Holland's House in Newgate-Street, there she pull'd off a sort of Riding Habit , and dress'd herself in white Sattin , which is in general looked upon to be the proper Habit for a Bride . As soon as she was dress'd, she went to the Sun Tavern in St. Paul's Church Yard, where they had their former Meeting; it was now about Eight o'Clock in the Morning . There she dispatched another Messenger for George Taylor , at the East-India House, where he was sure to be in the Way: He came directly to Mrs. Robinson, at the Sun Tavern in St. Paul's Church Yard. As soon as he came, she sent him to Doctors-Commons to procure a Licence for Marriage, in the Name of Richard Holland of Hornsey, Batchelor , and Mary Robinson , of the same Place, Widow. The Defendant, Taylor, goes to Doctors-Commons, and enquires for Mr. Rushworth, Proctor; this Mr. Rushworth ask'd him whether he was the Person to be marry'd ; he answer'd he was not: Perhaps you will wonder, he that was to personate Mr. Holland, should say he was not Mr. Holland; the Reason of that was, that he had not as yet got on the Cloaths of Mr. Holland that were design'd for him. Upon this Mr. Rushworth told him that he must have one of the Parties themselves come to him, and that Party must enter into a Bond, or make an Affidavit , or he could not grant a Licence. He returned to the Sun Tavern, where the Defendant Robinson was waiting for him, and told her what Mr. Rushworth said; she goes immediately to Mr. Rushworth , and enters into Bond according to the Practice of that Court and Place, and the Place that was fix'd upon for this Marriage , was at St. Andrew's Holbourn; it was not at the Fleet, or any such scandalous Place, therefore the Place fix'd upon was St. Andrew's . When Matters were so far prepar'd, the next Step was, she dress'd up the Defendant , Taylor, in order to personate Mr. Holland; therefore , Gentlemen, he is sent to Mr. Casker for this Box; the Box is delivered to him according to the Direction of the Defendant Robinson; he carries it to Mr. Stangate's in Holbourn, opens the Box, takes out the Coat, Neckloth , and Wig, and puts his own Cloaths in the Box: He then goes immediately to the King's Head Tavern, Holbourn, where the Defendant, Robinson, was waiting for him, to go to be married. When he came there, it was necessary the Wig should be comb'd out; the Wig was comb'd out ; from thence they went immediately to the Church, where the Defendant, Taylor, answer'd to the Name of Richard Holland , and was married in that Name: So they return'd to the King's Head Tavern to take a short Dinner. It was then thought the Business was done. They had then done with the Cloaths of Mr. Holland, therefore the next Thing was to send them out of the Way; so the Defendant, Taylor, goes back to Mr. Stangate's , changes his Cloaths, puts Mr. Holland's Cloaths into the Box, and takes a Person to carry the Box to Mr. Caskers. About an Hour after, the Defendant, Robinson, goes to enquire after this Box; she gets somebody to carry it to Mr. Holland's, and at Mr. Holland's there was a Key of the Box left with the Defendant, Taylor , but it happen'd that the Wig in this Box was missing, and it happen'd likewise there were some Papers in the Coat Pocket, which he put up in a particular Manner, which when he came to see again, he found they were put out of Order: These two Things together, with something Mr. Holland was told, gave him some Suspicion, that he set about searching into this Affair; upon that he took up both the Defendants, and carried them before Sir Thomas De Veil . The Defendant, Taylor, made a Confession; we have Evidence of both their Confessions, but we believe we shall hardly have Occasion to make Use of either of them, but there is one Circumstance that may be mentioned, which happen'd upon this Information. The Defendant, Taylor, was ask'd, whether the Marriage was consummated ; upon that the Defendant , Robinson, said, you don't understand the Meaning of that Word; upon that he spoke plainly, that he had not lain with her. I mention this to shew that there was no real Marriage intended by these two Persons, but a fraudulent Marriage to another Person. 'Tis not to be suppos'd , that Persons that had so much Art and Wickedness to conduct a Scheme of this Kind, should have so much Honesty to declare their wicked Intentions, therefore the Fact must be gather'd from Circumstances. Let us consider what would be the natural Consequence of this Marriage, suppose it could have been brought to take Effect, between Mr. Holland, and the Defendant, Robinson; if it took Effect in his Life-time, it would have been the greatest Injury imaginable, not only in Point of Fortune , in marrying 2 Gentleman of Fortune to a Servant, a Person worth nothing , and probably less than nothing, and binding him to a Woman; whereas the very Manner of his being bound to her, he must derest and abhor. If it was to take an Effect after his Death, then it would be a great Loss to the Heirs of Mr. Holland, who would lose so much of their own just Rights . 'Tis not only a Misdemeanour, but of such a heinous Nature , that there is no Punishment that the Law can inflict for a Misdemeanour , is severe enough.

Please your Lordship, I am likewise Council for the Prosecution. - Gentlemen, this is an Offence of the most uncommon Kind, as well as of a most wicked and dangerous Tendency. 'Tis a Robbery not only against a single Person, but his Heirs and Executors ; it would leave an Imputation of Charge upon him after his Death: All this was to be effected after his Death, the Consequence of this would have been, to set up Claims for the Distribution of his Estate against his Heirs and nearest of Kin : Nay, it might have been attended with another Consequence ; he might have married a Lady , and have had Children, that this fictitious Marriage might have been set up against his real one, and might prove his lawful Children to be illegitimate, and his Estate go amongst Counterfeits and Impostors.

The Common Law of England, as 'tis a Law of Mercy, anticipates the Devices of wicked People; therefore, Gentlemen, if we prove this Fact of Confederacy , if that Man did personate Mr. Holland in that Marriage, you will inflict such a Punishment as the Crime deserves, &c.

Court. I am not for going a round-about Way when a shorter is sufficient; you might go through all the other Evidence for the Entertainment of the Audience, but if you prove the Fact 'tis sufficient.

James Wright . By Vertue of a Licence from the Commons, the 18th of July, immediately after Morning Prayers, I married a Couple by the Names of Mary Robinson , of the Parish of Hornsey , Widow, and Richard Holland , Batchelor, of the same Place.

[The Licence produced in Court.]

Q. (By the Council for the Defendants) By what Names did they go?

Wright. By the Names of Robinson, Widow , and Richard Holland , Batchelor, as mention'd in the Licence.

Q. Are you sure he (Taylor) was one of them?

Wright. Yes, my Lord.

Q. Was it Registered?

Wright. Yes, Sir: As to the Woman I can't pretend to say; she had a large Bonnet covered all over her Eyes.

Council for the Defendants. Mr. Wright, since you speak to the Identity of the Man, do you know that you ever saw him before? I suppose you marry a great many Persons. Don't you remember how you came to be so particular as to take upon you to say that these are the Cloaths that the Man wore at that Time?

Wright. The Man was in so great Confusion that the Sweat run down his Face. He seem'd in the greatest Agony and Confusion whatever.

Q. Sir, had you a Suspicion that the Man was doing any Thing wrong?

Wright. No, Sir; but I saw the Man in such a Confusion, that I took particular Notice of him. The Man had a whitish Coat, and the Wig as Mr. Holland has now.

Council. So the only Reason you judge them to be the same Cloaths, is because he had a white Coat and Wig?

Wright. I saw them upon Mr. Holland's Back four or five Days after. Mr. Holland call'd to ask me if I could take it upon me to say that he was the Man that I married?

Council. Sir, was you before Sir Thomas De Veil ? Did you not declare before the Justice that you did not remember the Man nor Woman? Did you at that Time say that you knew the Man at all?

Wright. I gave a Description of the Man as well as I could?

Stephen Hall. I am Deputy Clerk of St. Andrew's Holbourn. The Man is the same.

Q. Is the Woman the same?

Hall. I can't positively swear to her; I verily believe it to be the Woman, but she had a large Bonnet on; I think that is the Woman that I gave away the 15th of July; but I have brought the Register-Book.

Q. Did you see any Thing of a Licence produced?

Hall. The Man brought a Licence, the Minister has it, which is now in Court.

Q. Was you present all the Time of the Ceremony? Were they actually married together, those two Persons?

Hall. That Man (Taylor) was, and I verily believe it to be the Woman. They were married by the Names of Mary Robinson and George Taylor , which I thought something odd, the Woman's Name to be before the Man: The Entry is, July 18, 1746. Mary Robinson , Widow, and Richard Holland , Batchelor, of Hornsey .

Q. Who made that Entry?

Hall. Sir, I make these Entries myself.

The Remainder of this Trial, with several other remarkeble ones, will be published in our next .

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 15th, THURSDAY the 16th, and FRIDAY the 17th of October,

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

BEING THE Eighth SESSIONS in the MAYORALTY OF THE

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

NUMBER VIII. PART II.

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.

Q. As to this Woman at the Bar, did you not say something more positive of her before Sir Thomas De Veil ?

Hall. No, I said I believ'd her verily to be the Person.

Q. How was she dress'd?

Hall. In a white Sattin Gown, with a large Bonnet over her Face.

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

Lamb. On the 18th of July, between the Hours of Eleven and Twelve, I went into the Church, and went down just as they were going to the Altar ; and I staid all the Time there while they were married. And as to the Prisoner at the Bar, I can safely take an Affidavit to the Man; as to the Woman, I belive her to be the Woman; but she had an extraordinary large black Bonnet on, that I could not see Part of her Face: As to the Man, he had such a large white Coat, that you might almost put a little Boy in it ; you might button it Half a Yard over.

Q. By what Name did he go?

Hall. He went then by the Name of Richard Holland , of Hornsey .

Q. Did he say, at the Performance of the Ceremony, I Richard Holland , &c.

Hall. Sir, I can't say I was so near as to hear it.

Q. (to Mary Price ) Do you belong to St. Andrew's Church in Holbourn ?

Price. Yes, Sir.

Q. Was you at the Church upon the 18th of July, when there was a Marriage there?

Price. Yes, Sir.

Court. Look at the two People at the Bar, and tell us whether those two were the People that were married.

Price. Mr. Taylor was the Man, and I believe Mrs. Robinson was the Woman: The Woman was dress'd in a white Sattin Gown, and she had a black Bonnet over her Face.

Q. What Name was he married by?

Price. He was married by the Name of Richard Holland .

Q. (to Philip Moor ) What are you?

Moor. I am Clerk to Mr. Rushworth, of Doctors-Commons. On the 18th of July, between the Hours of Nine and Twelve; George Taylor , the Prisoner at the Bar, came to Mr. Rushworth's Office, and ask'd if he might have a Licence there; I ask'd him if it was for himself; he said, No; I said , One of the Parties must come; upon that he return'd . Accordingly Mrs. Robinson came; she was shewn into the Office, and George Taylor went away , and left her there. Mr. Rushworth came down Stairs, and took her up into his Office.

Q. What did you see this Woman do?

Moor. Sir, I saw her do no particular Act, but only came for a Licence.

Q. What did she say?

Moor. I did not hear her say any thing particular.

Q. Do you believe that to be the Licence?

Moor. I believe so; but I did not see the Inside of it.

Q. Did she subscribe an Affidavit?

Moor. Not in my Presence.

Council. How came you to be so positive to this Gentlewoman ; did you ever see her before?

Moor. No, Sir.

Council. I suppose you don't remember all the Persons that come to your House for Licences. If her Face was cover'd with this Bonnet, my Lad, how came you to be so particular as to her Face.

Moor. It's a Thing that seldom happens , for a Woman to a apply for a Licence .

Council. So then, when a Woman applies for a Licence, you more particularly remark her. Had you met this Woman afterwards in the Street, should you have known her?

Moor. Yes; because, I believe I have seen her before, considerable Time before she liv'd in that Neighbourhood .

Council. Just now, if I understood you, you said you had not seen her before: If you had been accidentally in her Company, should you have remark'd that she was the same Woman, if you had had no particular Cause to have taken Notice of her?

Moor . I don't know whether I should or no.

Council. My Lad, I would ask you, How long was it before any body came to ask you any thing with relation to that Woman ?

Moor. About nine or ten Days.

Council. Who was the Person that apply'd to you ?

Moor. One Mr. Gosling, a Proctor in the Commons.

Council. Did you then presently recollect the Circumstances of that Woman.

Moor. When they told me of the Licence , I recollected then.

Council. When you was first apply'd to, did you, or did you not recollect the Person of the Woman?

Moor. The Question that was put to me was, Whether I did not remember there was such a Licence? but I could not, at that Instant , recollect that she was the Woman , 'till they told me Circumstances more particular .

Q. Now, before you recollected that she was the Person of the Woman, did any body remind you of any particular Circumstance to put it into your Memory? The first Time you saw her, did you recollect her?

Moor. Yes.

Council . This Mrs. Robinson is a pretty tall Woman; therefore, though she had a Bonnet upon her Head, you might see her Face much easier than another Person, as you are such a short Man .

Moor . Yes.

Council. Then you were very curious , my Lad , and peep'd very earnestly at it; then it pleas'd you very much.

Q. (to Henry Simons ) What are you? Simons. A Porter; I ply at the Sun Tavern in St. Paul's Church-Yard .

Q. Do you remember this Woman, Mrs. Robinson, being at the Sun Tavern the 18th of July?

Simons. I have no Knowledge of the Woman at all.

Q. Did any body send you to fetch Mr. Taylor?

Simons. There was a Woman sent me for the Man that is at the Bar , to the East-India Warehouse in Fenchurch-Street; it was in July, but what Day of the Month I can't tell .

Q. Did you bring that Man ?

Simon. He did not come with me, but he came about a Quarter of an Hour afterwards, and ask'd me where the Woman was . He was in a darkcolour'd Coat .

Q. (to John Loe ) What are you?

Loe. I am a Drawer .

Q. Do you remember Robinson, the Prisoner at the Bar ?

Loe . Yes, Sir, she liv'd in the Neighbourhood before ; I don't know any thing but of her sending the Porter for John Taylor .

Q. Did you know the Woman before ?

Loe . Yes, Sir; I knew Mrs. Robinson a long Time before she liv'd in the Neighbourhood.

Q. When Taylor came, do you remember Mrs. Robinson's and his going out together ?

Loe . No, Sir, I don't remember that.

Q. (to Thomas Howard ) Did any body , upon the 17th of July, order you to carry a Box from Mr. Holland's House in Hornsey, to Town ?

Howard. Yes, Sir; Mrs. Robinson, at the Bar, she order'd me to bring the Box to Town, and to leave it at the Stable where her Master puts up his Horses.

Q. What's the Name of the People?

Howard. Casker .

Q. (to - Casker) Do you remember a Box brought to your Inn the 18th of July last? Do you know George Taylor ?

Casker . That Man , the Prisoner, came for the Box : Mrs. Robinson came early in the Morning and told me the Man would call for it; the Prisoner came in the Morning to take it away; and in the Afternoon he brought it again. Mrs. Robinson came in the Afternoon to know if the Box was brought ; I said, Yes; then she said, Send it to Mr. Holland's in Newgate-Street .

Q. Do you know what was in the Box?

Casker . No, Sir , I cannot tell .

Q. (to Robert Montgomery ) Do you know the Prisoner? Have you seen her write ?

Montgomery . Yes, my Lord, several Times .

Q. Is that her Writing ?

Montgomery . Yes, my Lord, I believe it is her Writing .

Q. (to Miles Parker ) Do you know these two Persons at the Bar ?

Parker. I know the Gentlewoman, not by Name, but by Sight, for many Years ago .

Q. Do you remember her being at the King's-Head Tavern the 18th of July?

Parker. I remember she was there, (but I can't remember the Time) and I think that Man, the Prisoner, was with her about Ten o'Clock.

Q. How were they dress'd ?

Parker. She was dress'd in white Sattin and a Bonnet ; she staid there and drink'd a Pint of Wine herself, before that Gentleman came. He went out, and came in again; when he came in again he came in a light-colour'd Coat and a light Wig, and he wanted the Wig comb'd; he said, You need not carry it to the Barber's; Can't you comb it yourself; so I comb'd it.

Q. What did they do there ?

Parker . They din'd there .

Q. What had they for Dinner ?

Parker. To the best of my Remembrance, they had an Artichoke and a cold Lobster.

Council. Please your Lordship, and Gentleman of the Jury , I am Council in this Cause , for Mrs. Robinson; against whom there is an Indictment for Conspiracy, &c . And the Gentlemen are extremely sensible , I find, on the other Side , if they had laid this Fact without coupling it with a Conspiracy, that it would not have been at all criminal. Our Common Law don't hinder any People from marrying together by any Name they please; therefore, this Conspiracy only must appear to you to be some Injury to some Person or another, and particularly this Gentleman, who says he is so injur'd . I shall heartily agree with the Doctrine that has been advanced by the Gentlemen on the other Side, with regard to this Conspiracy; but that Intent ought to be made plain ; which must naturally arise from the Fact itself, and not by way of Supposition; for 'tis Conspiracy only, as I apprehend, will make it criminal. I should be sorry to advance Doctrines not establish'd by the Law Common, or by Statutes. I never heard , that particular Persons may not marry by whatsoever Name they please. Supposing People were got in Debt, and it was improper to go by their own Names, and they thought proper to marry by a fictitious Name, and this Name happens to with the Name of some Man or Woman; they may imagine they are injur'd: By what Law is any Man injur'd by it? If they could make out that there has been a Combination on purpose to affect the Estate of a third Person, or on purpose to claim that Estate in their Lifetime; then it would have amounted to a Combination together; it would have amounted to a Conspiracy, to injure a third Person: But, is there any thing like it? Was there any Discourse upon it? What they might have in their Heads, God knows! I never knew any human Judicature could reach the Thoughts or Intentions, 'till Facts were made plain and clear .

As in the Case of the Lottery Ticket, that was argued in this Place some time ago: Any Person living might take it and cut it to Pieces, and make what Alterations he pleas'd, provided he did it without any Intention to defraud any Person .

My Lord, this is a Precedent of the most dangerous Consequence; and 'tis stretching the Law upon the suppos'd Fancy of an Indictment-Drawer, beyond whatever was known: If this was to prevail , I could mention an hundred Illconveniencies Persons might be brought into .

Suppose a Person comes into a Room, and there should happen to be a Parcel of Ladies, and he blows out the Candle; Oh! this is a Rogue, and he intends some Attack upon their Virtue : If a covetous Man; Oh, this is a Rogue; he could blow the Candle out with no other Intention but to pick these Ladies Pockets; and all upon a Supposition; whether the Man ever touch'd one of the Women, or ever attempted to pick a Pocket. So the Drawer of the Indictment is to fancy that this is a criminal Thing, tho' no Fact was ever done. I should agree with you, if she had come and said she was actually married, and had declared her Intention , or had she claim'd any Benefit; but to say , 'till that is done, what I had in my Head, you must take upon yourself that Judgment which the Almighty only can , who knows Thoughts; though this might be a Frolick better let alone: But should not a Woman get her a Husband if she can, and the Man get him a Wife; Marriage is honourable in all; and I could wish People would marry one with another and live such Lives as they should do; the contrary is Batchelor's Doctrine. I never heard Marriage should be call'd Conspiracy, because I have a Mind to marry a Woman by a Name not her own; perhaps it might be some private End of their own, which the World might not know; perhaps there was an Estate depending upon it . I'll imagine there was as well as they: Suppose she should have married a Person by another Name ; it might be because she would not be despised by her Relations, or in Order to pass well in the World. We are bound never to believe Iniquity unless it appears.

My Lord there is a great Stress laid upon this Habit, this Dress of the Lady's; she was dressed in Sattin, says the Gentleman, a pure white innocent Sattin; a very proper Dress for a Bride. He would conclude from thence, that she was the Person actually married at this Time: There is no positive Evidence she was married, 'tis only grounded on Supposition. She was dressed in a black Bonnet. That is not conclusive Evidence; a Hundred Ladies may wear white Sattin and have black Bonnets, and the same Day one of these Ladies might be married; and yet a young Gentleman, says he, looked at her very narrowly and could see her Face. It was a wonderful Thing; I think it a great Difficulty to distinguish one Woman from another when muffled up; therefore it was no Wonder if this young Spark might be deceiv'd, as his Curiosity was only led by the Size of this Bonnet. Why, Gentlemen, is so great a Stress to be laid on this Habit because it was white Sattin? That might be emblematical of Innocence; there is something of a particular Softness in the Colour, more agreeable to the Touch than rougher wrought Silk, therefore very proper for a Bride; and I believe 'tis their common Dress: Therefore because it was white Sattin, and a Woman had it on, they conclude this must be the Woman .

My Lord they have gone through a Train of Evidences; but let us see whether this will amount to Evidence. They give you a Narrative of their meeting at the Stable, there was a Box brought, &c. Here's a Gentleman that fills up Mr. Holland's Coat compleatly, but this Man could not fill it up; which Way was that personating him ? for my Part, I am at a Loss to know ; I should rather think that their Intention was entirely otherwise; or he would have had a Coat that should have fitted him better. What say they then, that there came a Box to Casker's, and then sent to Mr. Holland's: Gentlemen, how can you tell but these Clothes might be lent to the Gentlewoman to get her a Husband. I am told she was not actually a Servant, but came there with the Esteem and Approbation of Miss Andrews, she having had the Tuition of her. If Mr. Holland had a Mind for a Person that was agreeable to him, the Clothes might be taken by his Approbation; I have known frequent Instances of Clothes being given, and sometimes lent by Masters. Why therefore this such a mighty Matter, that a Suit of Clothes should go out of the House? How does this manifest an Intention to do him any Wrong? If I have another Man's Suit of Clothes and am married in them, must it be inferr'd from thence that I intended to get his Estate? They might also have said I intended to rob him, or cut his Throat. I cannot, my Lord, for my Heart, conceive why this Person is to claim this Gentleman in his Life-time; it could not be prov'd, she never did it, or said she was the Wife of Mr. Holland; and why should they say it was to affect him after his Death? This is saying a Thing that I might never have had in my Head; this Intention ought to have been manifested by some overt open Acts done; as if a Man shoots off a Gun into a Place where there are an hundred People walking; there he is doing an unlawful Thing, where the People are in the utmost Danger; but is marrying in itself, by another Name, an unlawful Thing ? Is marrying in another Man's Clothes unlawful; I never heard of it; nor I hope there never will be any such Law. I shall say but one Word more in Favour of my Client, which I hope will be sufficient to conclude this Matter: Supposing , for Instance, that she had private Reasons of her own for obtaining a Husband in some Shape or another. I will suppose now, if we are to go upon Suppositions, that she had done something or another that was improper, that she wanted a Husband, and she had a Mind to conceal his Name; suppose she had a Husband to screen her from Debt, and so married him by another Name; every Creditor of her's might say, that she conspired to marry that Man in order to cheat them of their Debts .

Council. I am Council of the same Side, Please your Lordship, and you Gentlemen of the Jury, to favour me with a few Words: I beg Leave humbly, in the first Place, to say, if they were married, as the other Side insist upon, then an Indictment for Conspiracy must lie against Husband and Wife; in the next Place I shall shew, that there is no sufficient Proof of the Fact: Then again I would observe, that an Indictment for Conspiracy against Husband and Wife cannot stand; and if your Lordship should be of Opinion with that Part of the Indictment; yet, as 'tis laid, I apprehend the Gentlemen have fail'd in Point of Proof; they have proved no Conspiracy at all; as to injuring the Person of Mr. Holland, I apprehend nothing of that Kind has been proved ; and as to an Injury of his Estate, Goods or Chattels, I apprehend nothing has been prov'd, nor against himself, his Administrators , Heirs, Executors, &c. A Conspiracy, in its Nature, must be to do an Injury to a Third, in regard to his Person or Estate. Gentlemen, as to the Fact, where a Person is to be convicted as a Criminal; where a Person is subjected to a Fine or Imprisonment, there ought to be the clearest Proof in the World. As to the Marriage, I don't apprehend any one Person has been capable to prove the Fact, as to the Identity of the Woman; that is the Fact that you are to try: If there is no Evidence of it, in all Cases of criminal Prosecutions, we are to incline to the favourable Side , which is Mercy. As there has been no Injury done to the Person of Mr. Holland, so I apprehend any two Persons may marry, in any Name whatever, without a Crime; or, if it is a Crime, not punishable by an Indictment. If there had been any Claims on Mr. Holland's Goods or Effects, that might have been Evidence of Intention and Conspiracy; but as nothing of that has been prov'd, so it can't be proved any Injury to him: Persons may have particular Ends to themselves in marrying in what Name they think fit; 'tis not that which constitutes the Offence; but it must be done with a Design to prejudice Mr. Holland; and as he has shew'd nothing of that Sort, no Injury can be done to him or his Successors; therefore they have fail'd in this Point.

Mary Robinson . My Lord, I humbly beg this Favour, though they prove my Dress, that you would ask Mr. Holland whether it was not my every Day's Dress; and I don't know , at this Time, whether I had it on or not : Mr. Holland invited me as a Companion to himself; and I have it under his Hand that I was not his Servant. Mary Robinson and George Taylor Guilty of Conspiracy.

[Mr. Holland recommended Taylor to the Favour of the Court, as believing him to be drawn in by the Woman .]

The Judgment of the Court upon Mary Robinson was as follows, That you be imprison'd for the Space of two Years in the Gaol of Newgate ; and after the Expiration of that Time to give Security of 500 l. and pay a Fine of five Marks .

As to you, George Taylor , the Sentence that the Court thinks proper to pronounce upon you is, that you be imprison'd for six Months in the Poultry-Compter ; that you give Security yourself in the Sum of 40 l. and two Securities in 40 l. each , and pay a Fine of five Marks .

After Judgment was passed Mary Robinson produced a Paper to prove that she was not with Mr. Holland as a Servant; but it was not read; she also petition'd the Court for Leave to be remov'd from Newgate, either to the Poultry-Compter or the Fleet-Prison, alledging , that she had been ill, and Newgate was too close for her; but it was denied .

355. Robert Fitzgerald was indicted for counterfeiting a Pall of Exchange for the Sum of 21 l. 15 s. drawn upon Mr. Albert Nesbit and Company , of Coleman-Street, payable to Capt. John Hancock , or uttering the same, knowing it to be forg'd, with an Intent to defraud the above said Nesbit and Company .

Council . This Indictment sets forth, that Robert Fitzgerald , wickedly, unlawfully and feloniously, did forge and counterfeit a Bill of Exchange for 21 l. 15 s. payable to Capt. John Hancock : This is laid to deceive Albert Nesbit and Company .

Council. I am Council of the same Side in support of this Prosecution; you will observe, Gentleman, It is a Prosecution founded on an Act of Parliament made in the second Year of his present Majesty's Reign; 'tis laid upon this Act of Parliament , which has been found a most necessary Law, a Law calculated for the Benefit of Trade; and 'tis a little surprizing that our Ancestors, who were very wise, should not have thought of such a Law, which is calculated for the Conviction and Punishment of so great a Crime as Forgery .

On the 6th of September last , about Seven o'Clock in the Evening, the Prisoner came to this Part of the Town, towards the Old Baily, and call'd for a Porter; a Porter answer'd immediately. I am a Stranger here in Town, says he; Which is the nearest Way to Coleman-Street? I must get you to shew it me: But just as they were about Bow Church, says he, I want to go to Blossoms Inn; is that far out of the Way? No, says the Porter; then shew me there. Then, said he to the Porter, I want you to carry a Bill to one Mr. Nesbit's in Coleman-Street, and come back to me at the Inn ; if you should not find me there, then you will find me here at Nine o'Clock in the Morning . When the Porter gave the Bill to Mr. Nesbit, he told him it was a good Bill, and he should call To-morrow Morning. As he was coming back to find the Prisoner, he heard some body call Porter ; there the Prisoner lay conceal'd in Lawrence-Lane, he did not care to be at the Inn; for if the Bill had appear'd to be bad , he thought a Constable might come. Well, says he, what have you done about the Bill? why they say 'tis a good Bill, so I left it: The Prisoner said, very well. Mr. Nesbit looking narrowly into it concluded it was a Forgery ; he said, this is not Mr. Barton's Hand, nor is it after the Manner they draw their Bills; for they are on Copper-Plate and in French. When another Porter came the next Day they got a Constable and laid hold of him, and ask'd him where he had the Bill; he said he had it from a Gentleman in Whitechapel, who was then waiting for him: Mr. Neshit's Porter and the Constable went to the Place and met with him: They carry'd him before the Lord Mayor where he gave but a very slender Account of ask'd him where he had the Bill; he of one Johnson, and that he gave him Money; but could not tell any thing about Johnson where he liv'd. Gentlemen, I am well brought very home; we shall call our Witnesses, and we don't doubt but you will act the P of honest Men .

Council. I am Council on the same Side. You will observe this Indictment charges the Prisoner at the Bar with a Crime of a very heinous Nature, no less than Forgery, and of a Species of Forgery that is very pernicious .

Gentlemen, there is one Difficulty which is a Misfortune to the Publick; that it is extreamly difficult to convict Offenders by positive Proof; Crimes of this Nature are generally transacted in the Dark: What we are to lay before you, and the only Evidence that can be brought, are the Circumstances and Manner of transacting this Bill of Exchange. Gentlemen, the Prisoner at the Bar is no Stranger; he is a Person that has liv'd in the Compring-House of a great Merchant in this City, Mr. Dillon; but when he enter'd upon this Scene of Action, and discover'd himself in this Part of the Town, he told the Porter that he was an entire Stranger, desir'd to know which was Coleman-Street; and not satisfied with his telling him the Way, desir'd he would go with him: When he came into Cheapside he ask'd if it was much out of the Way to go to Blossom's Inn; there he pull'd out the Bill and desir'd him to go to Mr. Nesbit's. The Porter shew'd it to one of the Mr. Nesbit's, who just cast his Eyes upon it and told him it was a good Bill . It seems the Prisoner at the Bar had directed him to come to him to the Blossom's Inn; the Porter returned thither and did not see him; but a Person at some Distance call'd out Porter, and he found the Prisoner at the Bar was behind; upon that he ask'd what he had done, what Mr. Nesbit said to the Bill; he answer'd , Mr. Nesbit said it was a good Bill . I would observe to you, as I go along, that this seems to be an extraordinary Method of negociating a Bill of Exchange ; it is uncommon for a Person to call a Porter in the Street, to send a mere Stranger with a Bill of Exchange to a Merchant . Would it not have been natural to have gone himself to Mr. Nesbit's to have had this Bill of Exchange accepted, instead of loitering about Blossom's Inn? The next Day he thought proper to proceed in a different Manner; then the Scene of Action was open'd in Whitechapel; there he calls a Porter and sends him for the Money, as supporting the Bill accepted: But I should have told you, that Night, or the next Morning , Mr. Nesbit having an Opportunity to examine the Bill, found it was not one of those he used to receive from Barton and Comp. it was different in the Hand writing; and another Circumstance, that Mess. Barton have for many Years had their Bills printed upon Copper-Plate, and fill'd up their Names and Sums in Writing; Mr. Nesbit observing all this to be written, concluded it was a false Bill, and order'd that the Person who should call for it the next Morning might be secured . A Porter coming from Whitechapel for the Hill, Mr. Nesbit's Servant immediately sent for a Constable and secur'd him: Enquiry was then made who he was and from whence he came; he said he was directed to come by a Person who was waiting for him at the Fountain Alehouse ; they went thither in search of him, but he had left that House and was found loitering in the Street: Seeing the Porter he went up to him and ask'd him what he had done with the Bill; the Fellow call'd him Rogue, and told him that he had like to have drawn him into a Scape, for it was a forged Bill. The Constable being near at hand seiz'd him and carry'd him before the Lord Mayor; when before his Lordship he said he gave a valuable Consideration for it to one Johnson; but I think at last he confess'd that he knew nothing of Johnson; whereupon he was committed to the Compter, from whence he attempted to escape in Women's Clothes, but was prevented by the Vigilance of the Keeper .

Here is another Circumstance : He wanted to su one of the Porters to swear falsly; he desir'd him to say, if he was ask'd where he had the Bill of Exchange, that he had it in St. Paul's Church-Yard; which is a Circumstance directly contrary to Truth, and if Wells had swore that, he would have been guilty of Perjury. These are the Circumstances; if we prove them to your Satisfaction , it will be impossible for you to think any otherwise than that this was a false Bill of Exchange. We shall call our Witnesses .

Q. (to Christopher Wells .) Do you know that Person, the Prisoner ?

Wells. I can't swear I do know him; I have seen him twice .

Council. Tell us upon what Occasion; when did you see the Prisoner ?

Wells. I never saw him before that Night .

Q. What are you ?

Wells. I am a Ticket Porter.

Council. Give an Account when you first saw him .

Wells. It was when he came to me and call'd one Porter; it was the Corner of the Old Baily .

Q. What Month was it?

Wells. I can't tell

Q. What did he say to you?

Wells. He said, Sir, he ask'd me whether I knew Coleman-Street; then he said, will you be so good as to shew me the Way; step along Porter .

Q. Which Way did you go?

Wells. Under Newgate and down Cheapside .

Q. What did he say to you as you were going down Cheapside?

Wells. He ask'd me if I knew Moorgate Coffee-House, and he ask'd if I know Blossom's Inn .

Q. What did he say to you then?

Wells. He said he had Friend there. I must tell the Whole; I went to Blossom's Inn in Lawrence-Lane, then I went to ease myself .

Council. What is that to the Purpose. Did he go with you to Blossom's Inn .

Wells. When we were together in the Gate he gave me a, and ask'd me it I knew such a Gentleman; but I have forgot it .

Council. Who gave you the Note? and what did he did you do with it ?

Wells. He said, you may leave the Note if you will .

Council. Don't you remember the Gentleman's Name .

Wells. Sir, I do not .

Q. Whereabouts in Coleman-Street did that Gentleman live ?

Wells. Sir, to the best of my Knowledge 'tis the second Gateway beyond the Church .

Q. When you carry'd the Note there who did you see?

Wells. I saw three Gentlemen .

Q. Do you know any of them? Look upon those Gentlemen .

Wells. Sir , I can't say; but I think that is one of them. [But that Gentleman was a Stranger.] When I went he bid me return to him at Blossom's Inn; and if he was not there then, I should find him there at Nine o'Clock the next Morning. Before I got to Blossom's Inn the Gentleman was behind me, and called after me, Porter, Porter, what have you done with the Bill? I told him it was a good one .

Q. Did you see the Prisoner at any Time after this?

Wells. He sent for me to the Compter; to the best of my Memory be order'd me to say that the Bill was given me in Paul's Church-Yard; that I must not say I was at Blossom's Inn with him .

Council. I would ask you if any Money was offer'd you?

Wells. He said if I came To-morrow Morning he would give me a Crown to put in my Pocket; he thought that a Crown would be of Service to me .

Council. for the Defendant, Wells, you could not recollect the People at Mr. Nesbit's, how came you to remember him more than them? Did you not say when you first went to the Compter, that it was another Man ?

Wells. No, Sir; I said I cannot swear that he is the Person .

Council. I ask you before the Court, whether he was the Man that gave you the Note, or the Man that gave you the Six-pence ?

Wells. I will not swear to him; for I was in the Dark with him in the Compter .

Q. ( to Arnold Nesbit ) Do you remember at any Time, and when Bill was brought to you?

Nesbit. Sir, this Bill was brought me on Tuesday Night, the 16th of last Month .

Q. Is Mr. Barton your Correspondent ?

Nesbit. Yes, Sir; the Porter came for Acceptance, and I told him I believ'd it was a good Bell; that he should call To-morrow, as is usual in those Cases .

Q. Pray, Sir, What Port er brought you the Bill ?

Nesbit. Sir, I can't swear to the Porter that came that Night; but this Man came to me about a Week after, and said that he came from the Man in Prison, and he offer'd him 6 d .

Q. Had you any Conversation with any Porter about bringing this Bill to you? You told this Porter that he brought the Bill. Did he tell you that he brought the Bill to you at first?

Nesbit. Yes, he said he did bring the Bill: I told him it was a good Bill, and if they came the next Morning they should have it accepted. When Bills are brought we never accept them the same Day, they always lie for us to examine by our Books .

Q. Pray how came your Brother so well acquainted with Mr. Barton?

Nesbit. My Brother lived several Years with Mr. Barton, who never draws a Bill without Advice; and it not being a Copper-Plate Bill, which is usual, increased our Suspicion; so I spoke to all the People of the Compting-House, that whoever came for the Bill the next Morning should be stopp'd; accordingly a Porter came for it, who said he was sent from Whitechapel for that Bill which was left upon the Desk ; he told us that the Man he receiv'd it from was in Whitechapel; so we sent for a Constable , John Wild .

Q. What Orders did you give the Constable ?

Nesbit. I order'd the Constable to go with the Porter, and sent my own Porter with them.

Council . I would ask you whether you afterwards saw him?

Nesbit. Yes , Sir; the Prisoner at the Bar sent for me to a Publick-House in Coleman-Street.

Q. What pass'd upon that Occasion?

Nesbit. He told me had liv'd with Mr. Dillon ; that he had the Bill from another Person, and desir'd the Favour I would not take any Notice of it.

Q. At what Place was this?

Nesbit. At the Swan in Coleman-Street.

Q. Who did he say that he had the Bill from?

Nesbit. I can't say .

Q. Did he then say he liv'd with Mr. Dillon?

Nesbit. That he then liv'd with Mr. Dillon he said; that he had the Bill from a Person, but he did not say from whom; he was carried before my Lord Mayor.

Q. What pass'd before my Lord Mayor; What Account did he give of himself?

Nesbit. I think he said he was at an Alehouse at Temple-Bar, with one Johnson, and that he had the Bill of him; that he was a Seafaring Man, and that he had not seen him but twice before.

Q. Did he afterwards alter his Account of it?

Netbit . No, Sir, he said he had paid Part of the Bill.

Council for the Defendant. Mr. Nesbit , Did you ever see Mr. Barton write?

Nesbit. I can't say I ever saw him write .

Council . He has a Son and a Partner, I suppose they sometimes sign; have you ever wrote over since ?

Nesbit. I wrote the Post after, but we have not receiv'd an Answer; I believe we could not in Point of Time .

Q. (to Mr. Albers Nesbit) Did you see that Bill brought to your Compting-House ?

Nesbit. I took it up after it was left, and said it was not Mr. Barton's Hand .

Q. Did you take Notice of the Person that brought that Bill ?

Nesbit . No, Sir, I did not .

Q. When you took up the Bill, did you say any Thing upon that Occasion ?

Nesbit. I said it was a forged Bill, because I liv'd so long with Mr. Barton, that I saw him write several Times, and I believ'd it was not signed by William Barton, or Thomas Barton ; they generally draw their Bills in French , especially since the War , and they are generally on Copper Plate Paper .

Q. When you was in Bourdeaux with them, did they generally draw upon Stamp Paper ? Did you ever receive any drawn in a different Manner?

Nesbit. I don't remember .

Q. Have you any Bills upon-other Paper at your House?

Nesbit. Not since I came to London.

Q. How long have you been in London?

Nesbit. About a Year.

Q. (to James Whiteing ) Do you recollect whether at any Time you was sent to Coleman-Street with a Bill ?

Whiteing. Yes , I know it as well as any can know it.

Council. Now give an Account at what Time you saw him.

Whiteing. Last Wednesday was three Weeks, he (the Prisoner) came to me to the Stand where I ply . The Prisoner came to me about Three o'Clock; he said Porter, follow me; he carried me into Somerset-Street , Whitechapel; he said will you go on an Errand for me into Coleman-Street; I said, yes; so then, said he, do you know Mr. Nesbit's in Coleman Street , I said no, but I can find him out if 'tis any Body of Note; he said you must go to Mr. Nesbit's for a Bill that lies upon the Desk.

Q. Did you go to Mr. Nesbit's?

Whiteing. Yes , as soon as I came to Mr. Nesbit's, I gave him the Note I had; when I gave it to him, a short Man, Mr. Nesbit's Clerk, was holding a Carpenter's Board; while he was putting it up, he said Friend sit down; I was very uneasy at staying; however, I sat down about a Quarter of an Hour, then in comes Mr. Arnold Nesbit ; he said, where's this Man? I expecting my Bill, Mr. Nesbit said to the Officer, Friend, there's your Prisoner ; I said Prisoner, what do you mean? I said Sir, I can't think what you mean? he said I had forged a Bill; I said you might as well say I built St. Paul's ; you must go to Newgate; I said I could not make a Letter ; I said, first let me go and find the Man, and when I come almost to the Place the Officer and the Porter shall leave me; as I find 'tis a Cheat, the Man will never come after me.

Q. Where did the Prisoner appoint you to come to him ?

Whiteing . To Somerset-Street at the Fountain. When we came to Aldgate, then the Constable stay'd behind ; the Officer went down by the Butchers, and the Porter was near the Bars ; I ran hard with my Hands in my Pocket to the Fountain, and asked for a Man that I described as well as I could, but he was not there: Then I turned out of the House, Lord what shall I do ? I clapped my Hands together, I am ruin'd , I am ruin'd, Horse and Foot. When I was running up to the Officer , the Prisoner came out of the Alehouse, and met me in the same Street, opposite Somerset-Street; when I saw him I was as much rejoiced to see him as he was to see me; I suppose he thought I had got the Prize. When I saw him , I laid Hold of him, and said you Son of a B - h , I have caught you; he said, what's the Matter ? I said, G - d R - t you, you had like to have sent me to Newgate for nothing; says the Prisoner, Newgate , for what ? You Son of a B - h, you have forg'd a Note.

Q. What said he upon that ?

Whiteiag . He said hush, I would not have my Character stain'd for ever so much; I said, R - t you and your Character too.

Q. What then ?

Whiteing . Then I call'd out Officer, Officer, and the Officer run, and the Porter run, and we brought him away.

Q. Now to what Place did you bring him?

Whiteing . He wanted a Coach, but the Officer would not let him have a Coach.

Q. To what Place did you carry him?

Whiteing . He desir'd to go the back Way, and we did. When we came into Coleman-Street, he said he would not go into Mr. Nesbit's, where he was known, for ever so much. We had him to the Swan I think in Coleman-Street, and Mr. Arnold Nesbit was sent for, and he came there; what pass'd then I can't tell, I came out.

Q. Who was the Man that took the Prisoner by the Breast ?

Whiteing. Myself, I took the Prisoner; I have Occasion to know him, for he has been in my Thoughts Night and Day .

Q. (to John Wild , Constable) Was you sent with that Porter that was last examin'd, by Arnold Nesbit ?

Wild. Mr. Nesbit's Footman came and ask'd for me; I was at home; he told me I must come up to Mr. Nesbit, and bring my Staff; I begged he would step to a Neighbour that was a Constable, but he was not at home ; so I went, and when I came he charg'd me with this Man; said he must go to Newgate ; the Porter was surpriz'd at first: Soon after he laughed, and said, I forged a Note, I can hardly write a Letter! but he said he would endeavour to find the Man . Mr. Nesbit gave me an Order, if I did not find the Prisoner, I must secure him. I thought it was reasonable, what he (the Porter) said to us of going two and two ; accordingly, the Fellow went into the House, and came out again surpriz'd; says he , he is not there, &c. The Word was hardly out of his Mouth, but the Prisoner came up to him; he laid hold of him, and said D - n you, I have got you. The Prisoner seem'd surpriz'd ; so we took him just by the Bars : He begged for Jesus's Sake he might not be exposed, for he was of a very good Family.

Q. I would ask you, was there any Discourse about forging a Bill?

Wild. I told him he was charg'd with forging a Bill.

Q. Did he pretend to say that he had not sent the Porter for the Bill?

Wild. He said he could soon clear that up, for he had it of one Johnson, so he pray'd of me that I would not expose him, but take him in a Coach; I did not know whether he would pay for it: I told him I would take him as private a Way as I could. When I came into Moorfields, he begg'd I would go into some House, and said that he would rather go to Hell, than to go to Mr. Nesbit's Compting-House, for there was not a Man there but knew him. I did not care to go into a Tavern, so I went into a little Alehouse, and sent to Mr. Nesbit to know if he would come there, or else I would bring him to his House. When I sent to Mr. Nesbit, he was at Dinner, and said he would come after he had din'd. When Mr. Nesbit came, he behav'd exceedingly submissive; he begg'd for Jesus's Sake, for the Lord's Sake, he walk'd upon his Knees, he would not get up, and pray'd for Jesus's Sake that he would be favourable to him. Mr. Nesbit said, very likely he should; he would consult his Attorney, and if it was necessary , it should be so.

Q. (to Nathaniel Crompton ) Do you remember at any Time the Prisoner's endeavouring to make his Escape out of the Compter?

Crompton. Yes , Sir, on Monday the 6th of October, in the Evening, between Six and Seven; he came to the Gate, and I observ'd I had let in no Body in such Cloaths; he came to the Gate in Women's Cloaths. When I had let him out, I observ'd it was a Man's Face , with that I stopped him; he was disguis'd with Paint. When I had let him out, I lay'd fast Hold of him by the Wrist : He offered me Money , I told him no Money should satisfy me, but he should go in again. I sent to my Mistress to have him taken Care of, and told him he should not go away to be undress'd 'till Mr. Levi came home .

Q. (to the Prisoner) You have heard what has been sworn against you to support the Prosecution, what have you to say for yourself?

Prisoner. This Bill, my Lord, I got from a Man call'd Johnson; he told me he had it from Bristol. He said he was quite unacquainted with what could be done with the Bill, and as it was my Business, he desir'd that I would get it accepted for him; he had it from Bristol: He said he had two other Bills; he said he had it from one Mr. Leroch , of Bristol, and desired I would do what was necessary about the Bill; this was on Tuesday Evening. I told him I thought it proper to send to Mr. Nesbit's, to know if it was good; then he took the Bill in his Hand, and said it was very well .

[ The Substance of the Prisoner's Defence was this; that his Friend , Johnson, and him, were walking down Cheapside, and then turned into Lawrence Lane ; and Johnson sent the first Porter to Mr. Nesbit's, but that he sent the other Porter from Whitechapel, by the Advice and Direction of Johnson.]

Guilty of uttering the Note , knowing it to be forged , but not Guilty of the Forgery .

Death .

Philip Jewel was indicted for stealing one Quart Silver Tankard , Value 5 l. 5 s. and one Silver Cup, Value 4 l. 10 s. the Goods of Robert Hill , of Swithins Lane.

Q. (to Robert Hill) Have you lost any Thing lately ?

Hill. Yes , my Lord, I lost a Silver Tankard , and a Silver Cup, that holds almost a Quart.

Q. What was the Value of the Tankard?

Hill. I reckon'd it about 5 l. 10 s. and the Cup 4 l. 10 s.

Q. Where did you lose them from ?

Hill. I lost them out of the End of the Grate; they unwired about five of the Wires that binds the Grate round by the other main Wires to keep them together .

Q. How do you know that they did this ?

Hill. I can't say that I saw them; I had good Customers in the Shop at the same Time, that I can't say that I saw them.

Q. What Time of the Day was this ?

Hill. A little before Twelve at Noon; the two Fellows that stole them were taken, Jewel, and the Evidence , James Norril .

Q. What then ?

Hill. Then we , with the Constable, took them to the Compter.

Q. After they were taken, was you sent for?

Hill. After they were taken, they were brought up to my Shop, and I sent for the Constable, and took them to the Compter.

Q. What pass'd when they came to your Shop?

Hill. They said nothing all that Time. About Seven or Eight o'Clock the Constable and another Neighbour went to them to the Compter, to whom they confess'd several Things. About Eight o'Clock Jewel said if they sent for me, he would tell me what they had done with my Cup and Tankard .

Q. And what did he tell you?

Hill. He told me he had sold the Cup and Tankard to a Jew in Houndsditch (opposite the Gullyhole ) for four Guineas and a half.

Prisoner. My Lord, please to ask him whether he minds the Jew's Name.

Hill. He nam'd the Jew to me, and his Name was Cordozo .

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

Norril. Please you , my Lord, I work'd at a House in Barnaby-Street, where the Prisoner lived before he was taken up. When Philip Jewel came home from Transportation, his Creature that he lived with lodg'd there; so he enquired her out, and came there; he ask'd me to go out with him, which I did. I was acquainted with him about a Week.

Q. Where did you become acquainted with him ?

Norril. At this Lodging-House in Kent-Street.

Q. Did you do any thing together?

Norril. We went up Kent-Street Road. We came afterwards into Swithin's-Lane ; I had a Jews-Harp in my Hand, and he saw these Things in the Grate ; he ask'd me to lend him the Jews-Harp, and he took it and broke about five of the Wires of the Grate with this Jews-Harp.

Q. What did you see ?

Norril. My Lord, I was coming up Swithin's-Lane, so he stopt ; I did not know what he was about 'till he took the Silver Cup and Tankard, and he put them under his Coat .

Q. What did you do in the mean time?

Norril . I stood over the Way ; I did not know he was breaking the Grate .

Q. What was the Intent of you two walking together ?

Norril. My Lord , I have no Friends at all; and I lodging at this House, he ask'd me to go out to take a Walk, and drink Part of a Pint of Beer, and we happened to go to Swithin's-Lane, where he saw this Grate with the Plate in it.

Q. Was any body in the Shop?

Norril. Yes , my Lord, that Gentleman, Mr. Hill.

Q. Was any body in the Shop besides.

Norril. My Lord, I can't tell.

Q. How long was he about this?

Norril. About Half a Quarter of an Hour.

Q. What did he do then?

Norril. He ty'd it up in the Flap of his Coat, and carried it into Houndsditch to one Aaron Cordozo , and sold both for about 4 l. 14 s.

Q. What did he do with the Money; had you Part of it?

Norril. About a Guinea, my Lord.

Q. Where did you go after that?

Norril. He would come past the same Door, Mr. Hill's Door in Swithin's-Lane ; and when we got almost to the End of the Street there were two or three crying after us, Stop Thief! and they laid hold of us.

Q. Did they take you?

Norril. Yes, my Lord, they took us both.

Q. What then?

Norril . Then they carried us to this Gentleman's Shop, and then to the Compter, and the next Morning before the Alderman.

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

Prisoner. Ask him whether he stood on the other Side of the Way when I did this Fact.

Court . He has sworn he did.

Q. (to Edward Gregory , Constable.) What do you know of this Affair ?

Gregory . On the 15th of September, on Monday, I think, about Four o'Clock in the Afternoon, I was sent for to Mr. Hill's Shop , to take Charge of the Prisoner at the Bar and this James Norril ; I took them to the Compter, and I observed that they were obstinate , and I desired they might be kept apart, not to converse together. I went in the Evening with a Neighbour to the Compter; I thought it was proper to go and see them; and I went to this young one that is turn'd Evidence.

Q. What Time of the Night did you go to them?

Gregory. I believe it was about Seven or Eight . I ask'd several Questions about this Fact, but he knew nothing of it he said . In about Half an Hour there came a Woman crying to see him (the Prisoner at the Bar ;) she told me her Name was Alice Beckstone ; she said, he should save his Neck by turning Evidence. Jewel, the Prisoner at the Bar , said, he and this James Norril went to Mr. Hill's Shop , they broke open the Grate, and took out the Tankard and the Cup.

Q. And what else did they say ?

Gregory. That they sold it for four Guineas and a Half to a Jew; I don't remember that he knew his Name, but the young one said his Name was Cordozo, who lived over-against the Gully-Hole in Houndsditch.

Q. Did he say any thing else ?

Gregory. When he had made this Confession, I said I must search him; he said, if I did, I should find nothing but a Jews-Harp . He said, in breaking the Wires of the Grate, he broke a Piece of the Jews-Harp, and he said, I believe if you go to look for it, you will find it there: He broke a Piece off, and he believed it fell down in the Street, at the Corner of the Shop Window; he believed that we might find it there, if we went to look for it; he said the Jews-Harp belong'd to his Companion, James Norril . The next Morning a Neighbour of Mr. Hill's and mine went to look for the Piece of the Jews-Harp, and found it.

Q. (to William Walter .) What have you to say with respect to this Fact against the Prisoner?

Walter. My Lord, I went along with the Constable, about Seven o'Clock, to the Compter, to hear if we could find my Neighbour's Plate. About Seven o'Clock the Prisoner at the Bar began to confess several Robberies ; at length he confess'd about the Tankard and Cup; he said he would not say any thing 'till the right Owner of the Goods was there; and I immediately sent for Mr. Hill.

Q. Well, did Mr. Hill come?

Walter. Yes, my Lord, he came presently. As soon as Mr. Hill came into the Room, the Prisoner said, that's the Gentleman that we took the Cup and Tankard from; he was sitting behind the Compter with his Spectacles on, selling some Rings to a Gentlewoman .

Q. What then ?

Walter . I ask'd him, my Lord, what he broke the Wires of the Grate with; he told me with a Jews-Harp, and said, if you look under the Grate where I broke the Wires off, there you will find a Piece of the Jews-Harp .

Q. Did you at any Time go to look for it ?

Walter. On the 16th in the Morning, about Six o'Clock, I got up and look'd under the Grate, and here's the Piece of the Jews-Harp which I found .

[The Jews-Harp and Piece were produced in Court, and they exactly tallied .]

Q. Who did he give the Jews-Harp to when he took it out of his Pocket?

Walter. The Constable had it, I saw him take it out of his Pocket. I went to Sir Edward Bellamy , and shew'd him this Jews-Harp, and he said it was a very material Thing, I should be careful of it.

Q. (to the Prisoner.) What have you to say with respect to this Fact?

Prisoner. My Lord, I will throw myself up to the Mercy of the Court.

Q. Have you any Witness?

Prisoner. No.

Guilty , Death .

357. Mary Hope of Milk-Street, the 5th of October , being big with a certain Male Bastard Child, the said Male Child from her Body was brought forth alive, and the said Mary Hope not having the Fear of God before her Eyes, but being moved by the Instigation of the Devil, the aforesaid Bastard so alive, feloniously, willfully, and aforethought, did make an Assault upon, and with a certain Linnen Apron, into a certain Wooden Box, feloniously and willfully, by wrapping and solding the said Linnen Apron, the said Bastard Child did put, by which it was so suffocated that it died .

Q. (to William Aget .) Sir, what do you know of this Matter?

Aget. The Prisoner at the Bar was my Servant .

Q. Where do you live?

Aget. In Milk-Street . The Prisoner at the Bar was my Servant; she had lived with me about four or five Months; and on Sunday the 5th of this Instant October she came down Stairs with her Fellow Servant in the Morning, but finding herself indisposed, went up again .

Q. Was you by when she came down ?

Aget. No, my Lord, I was not up. When I came down, this was the Relation her Fellow Servant gave me .

Court. What her Fellow Servant told you is nothing; did you see her ?

Aget. I did not see her 'till the Afternoon; but about Nine o'Clock in the Morning; I heard her cry out; so I sent her Fellow Servant up to see what ail'd her ; she brought me Word she was not well, and desir'd to be indulged to lie abed . She would not sufler her Fellow Servant to stay in the Room as little Time as possible; she bid her go about her Business, that she was better. This was what her Fellow Servant told me. My Duty call'd me to Church; when I came from that, I enquired how she did.

Q. Had you no Suspicion ?

Aget. Yes, Sir, that Cry gave me a Suspicion. My Servant told me she was much better, and intended to come down in the Afternoon. In the Afternoon she did come down, about Five o'Clock; I saw her do her Business, light a Fire, &c. I then desired my Wife and the Witness, the other Servant, to go up into her Room; there they saw what they thought was sufficient to convince them that there had been a Labour or something like it.

Court. You did not go up into her Room?

Agit . I did not then. When they came to me, they said they were very sure there was a Labour, or something like it had been in that Room. She strongly denied it. When nothing could be found in the Room they look'd in every Place where any Thing might be conceal'd: My Wife insisted upon opening her Box; she made some Difficulty and could not find the Key; upon which I told her, her Mistress should have Satisfaction , and if the Key was not be found I would break the Box open; accordingly I took her fellow Servant up with me and did break it open, and there, to my great Surprize, was a dead Child.

Court. You saw it?

Aget. I saw it.

Q. Did you look upon the Child, was there any Marks of Violence ?

Aget. I saw none. I sent for the Constable and charg'd him with her .

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

Prisoner. No.

Q. (to Dorothy Robinson ) Was you fellow Servant with the Prisoner ? Do you live at Mr. Aget's?

Robinson. Yes Sir.

Court. Give an Account of what you know of the Matter. Do you remember when she cry'd out?

Robinson. It was about Nine o'Clock; and I went up.

Q. What Condition was she in ?

Robinson. She complain'd of being very ill, but did not tell me her Distemper.

Q. Had you any Suspicion of her being in Labour?

Robinson. Yes, we thought so by her Screeking out, but she deny'd it, and it went over.

Q. Did she desire you to go down ?

Robinson. Yes Sir, she desired me to go down , and I told my Mistress, and my Mistress went up and examin'd her.

Q. Was you with your Mistress then?

Robinson. No Sir, I was below.

Q. Was you up any more?

Robinson. Yes, I went up several Times in the Day, and I ask'd her how she did; and she said she was better.

Q. Did she always tell you that she was better?

Robinson. Yes, 'till she came down; she said she would come down in the Afternoon .

Q. What did she say when she came down ?

Robinson. She said she was much better.

Q. Did you go up Stairs with your Master and Mistress when the Child was found in the Box?

Robinson. Yes. My Mistress told her she was sure she had a Child, and she would examine; so they broke open the Box and found the Child.

Q. What was the Child, Male or Female?

Robinson. Male.

Q. Did the Child seem to have any Marks of Violence?

Robinson. No Sir, we could not perceive any Marks of Violence about the Child.

Q. Had she any Childbed Linnen ready?

Robinson. We examin'd her Clothes and there was none to be found.

Q. Are you skilful enough to know whether she went her full Time?

Robinson. My Lord here is the Midwife.

Q. (to Mary Jeyne ) Are you a Midwife?

Jeyne . Yes, my Lord.

Q. What do you know of this Matter?

Jeyne . I was sent for on Monday was se'nnight. She was deliver'd the Sunday before; I was sent for to know if she was safely deliver'd. I did not examine her, I examin'd other Matters, and found she was safely deliver'd .

Q. Did you see the Child ?

Jeyne. Yes my Lord .

Q. Did you see any Marks of Violence on the Child? Was it of its full Time .

Jeyne. I believe it was, or very nigh, my Lord .

Court. You that are a skilful Woman, do you think the Child was born dead , or came to any violent Death afterwards ?

Jeyne. I saw no Marks of Violence: 'Tis impossible for any Body to say it was born alive; for want of Help in Time it might be suffocated, or another Way, thro' the Naval String, or otherwise, &c. I turn'd it before them all, and there were no Marks of Violence found .

Q. Did you observe any Thing else.

Jeyne. The Child look'd just like another Child that should die a natural Death.

Richard Wheatland . About Eight o'Clock on Sunday Evening, the 5th Instant, Mr. Aget came to me, seemingly in a very great Fright, he said I must go along with him .

Q. What are you, a Constable?

Wheatland. Yes. As we were going down the Street together, he said his Maid was deliver'd of a Child, and he believ'd it was murder'd.

Q. What then?

Wheatland. I went up with Mr. Aget and his Wife into the Garret , where I saw the Woman sitting on the Bed, crying prodigiously; I said to her, good Woman are you married? she said yes she was. I says, what Provision have you made for the Birth of this Child? none at all said she; upon which I said to her, it was surprising to me that a married Woman should suffer herself to bring a Child into the World and have nothing to put it in; tell me the Truth I says, are you married or not? she crying still, said at last she was not; I then ask'd her again, have you nothing at all made for this Child, no Linnen whatsoever? none at all she said: I ask'd her who was the Father of the Child; she said a Sailor. I ask'd her what was become of him, she said he was gone to Sea: I afterwards saw the Child, my Lord, in this check'd Linnen Apron. Mr. Aget gave me charge to take her in a Coach to the Compter, which I did, and went with her myself, my Lord, in the Coach, which Mr. Aget paid for; I told the Deputy Keeper of the Compter to put her up warm, for she was deliver'd that Morning: She declared that the Child was born dead, that is all that I know, Acquitted .

358. Isaac Thirn , or Thorn, was indicted for stealing certain written Books of Accounts , the Goods of Henry Mountague , Esq ; and several Persons unknown, &c .

This Indictment was fully prov'd against the Prisoner, and the Court set forth to him the aggravating Circumstances of the Crime , that as he sold these to Cheesemongers, &c . for Waste Paper, in order to get a few Shillings , it might be doing some Thousand Pounds Damage .

Guilty .

[Transportation. See summary.]

359. Jane Ellis was indicted for stealing one Linnen Bed Quilt , Value 30 s. the Goods of Edward Dicks and Benjamin Mee , of Fenchurch-Street.

The Prosecutor saw the Prisoner come into his House; it was at Noon-Day; he thought she might have some Business with his Maid-Servant. The Maid having a Glimpse of her as she was going down, desir'd she might be stopt, which they did; when she had gone a few Yards from the House; as they pursued her , she dropp'd the Quilt. The Prisoner declared it was the first Fact; that she had a sick Husband and a Child , and was like to be starv'd, but it was reply'd by the Court, it was a very bold Beginning to do it at Noon-Day.

Guilty .

[Branding. See summary.]

360. John Bannister was indicted for stealing one Oil Stone, two Chissels , Value 4 d. one Axe, Value 2 d. one Pair of Compasses, Value 2 d. the Goods of Thomas Bradly .

Guilty .

[Whipping. See summary.]

361. Elizabeth Bassil , Widow , was indicted for stealing on the 15th of September , one Pair of Sheets, Value 2 s . 6 d. one Copper Pottage Pot, one Pair of Tongs , a Tea Kettle, and two Pewter Plates , the Goods and Chattles of Elizabeth Stephenson .

Guilty .

[Transportation. See summary.]

362. Sarah Carr was indicted for stealing one Linnen Gown , Value 3 s. one Velvet Mantelet, Value 3 s. the Goods of Thomas James .

The Prisoner lodged at the next House to the Prosecutor's, and from the Leads open'd the Sash, and took these Things out of the Closet; but as it was believ'd to be the first Fact , and she had a general good Character, and Persons of Reputation appearing for her, who propos'd to take her into their Service, she was only ordered to be whipped .

363. James Morrit was indicted for stealing a Seat belonging to a Sedan Chair , the Goods of Thomas Fitzpatrick ; but the Prosecutor not appearing, he was Acquitted .

364. James Carnew was indicted for stealing an Iron Crank, and a Leather Wheel, &c. the Goods of George Gardner .

Guilty .

[Transportation. See summary.]

365. Susannah Reed was indicted for stealing one Pair of Flaxen Sheets , Value 4 s. 6 d. the Goods of Robert Grayham , the 8th of April .

Guilty .

[Transportation. See summary.]

366. Mary Bundy was indicted for stealing, on the 9th of September , two Shirts, Value 2 s. one Woollen Waistcoat, and one Pair of Worstead Stockings , Value 2 d. the Goods of Robert Green .

It appear'd this Robert Green is now a Patient in Bedlam ; this Mary Bundy being intimate with him , and believing his Master had put him in without a Cause, lent him some of her Cloaths to make his Escape, and she declared she had these Things to wash for him. The Prisoner's Master, and sev eral others appeared for her, and believed it was not done with a Design to steal them, for they were found upon her, and none of them pawn'd, &c. she was Acquitted .

367 Isabella Muckle , on the 13th Day of October , on the King's Highway, upon Mary Rivers , did make an Assault, and put her in Corporal Fear and Danger of her Life, and robb'd her of 18 d. in Money, and a Handkerchief , the Goods of the said Mary Rivers .

The Prosecutor, Rivers, declar'd she was going by Charing-Cross , seeking after a Lodging, between Eleven and Twelve o'Clock at Night; there she met the Prisoner and five or six other Women, &c. but it appearing that she herself was but of a doubtful Character, the Prisoner was acquitted .

368, 369. Mary, the Wife of John Charles , and John Pickart , otherwise Pickard , were indicted for stealing 44 Pounds Weight of Sugar, Value 16 s. from certain Persons unknown; and that Mary, the Wife of John Charles , did receive the Goods and Chattels aforesaid, knowing them to be feloniously stolen and taken away .

The Witness, William Robertson, a Waterman's Boy, told his Story so lamely, and with some Contradictions, that the Court was constrained to believe that he did it for the Reward that the Merchants had agreed to give, to put a Stop to that very prevailing Practice of pilfering Goods on board Vessels and Lighters, &c.

The Prisoner, Pickart, by the Testimony of many Witnesses, appear'd to be a very sober, industrious Man, and one of a very fair Character. Both Acquitted .

370. William Newel was indicted for stealing one Copper Pot, Value 6 s . two Pewter Plates, two Copper Lids, &c. the Goods of John Stray , of Wapping-Dock .

Guilty .

[Transportation. See summary.]

371, 372. Margaret Moor and Elizabeth Wheatly were indicted for stealing, on the 23d of December , an Iron-back Stove-Grate, three Pewter Plates , value 1 s. 6 d. and a Linnen Sheet, value 1 s. 6 d. the Goods of Joseph Rickman .

Margaret Moor was acquitted , and Elizabeth Wheatly found Guilty , Transportation .

373. Anne Andrews , Widow , indicted for stealing, on the 15th of September, a Copper Tea-Kettle, value 2 s. 6 d. the Goods of John Cook , in Bloomsbury-Market .

Some credible Witnesses that appeared for the Prisoner declared, that she had lived very handsomly, but was greatly reduced; they said she had not laid on a Bed for a Fortnight, was almost starv'd, and verily believed it was the first Fact , committed out of pure Necessity.

Two Gentlemen that appeared for her said , if she had made her Case known to them she should never have wanted a Meal's Meat; and one of them offer'd to take her into his House.

Guilty .

[Whipping. See summary.]

374. Prudence Midlemore was indicted for stealing, on the 2d of June , a Looking-Glass, value 3 s. a Pair of Linnen Sheets, value 5 s. a Silver Tea-Spoon, value 1 s. and two Linnen Table-Cloths ; the Goods of Dorothy Roberts , Widow , in Old Boswell-Court .

But the Fact not plainly appearing she was Acquitted .

375. Susannah Gray was indicted for stealing, on the 25th of August , a Feather-Bed, value 5 s . a Bolster, value 2 s, a Blanket, value 1 s. two Copper Pots, value 2 s. and eight Pewter Plates, value 8 s. the Goods of John Kelley , Esq ;

The Prosecutor not appearing she was Acquitted .

376. William Crocket was indicted for stealing, on the 7th of September , a Pair of Silver Shoe-Buckles, value 5 s. and a Diamond Ring ; the Goods of Mary Mellam , of Great Russel-Street, Bloomsbury .

The Prisoner was carry'd to the Prosecutor's House, by an Acquaintance, to dine, and taking down a Bible from the Head of the Bed, a little Box, with these Things in it, was thrown down, out of which Box the Prisoner took an Opportunity to steal the Things, and then made an Excuse to go out for a Half-penny worth of Tobacco; but return'd no more . His Friend that took him to the House made Enquiry after him , and caught him in Houndsditch a few Days after .

A Person who appear'd for him, said he came of a very good Family in Scotland, and he believ'd he did it merely for Want .

Guilty , Transportation .

377. Jacob Holloway was indicted for stealing seven silk Handkerchiefs , on the 7th of September , the Goods of Katherine Quantem , in Dorset-Street, Spital-Fields .

[ Ths Prisoner came into the Prosecutor's Shop to cheapen a Silk Handkerchief , and pull'd out an handful of Money and clapped it down on the Compter , the Prosecutor asked what that was for, and he swore bitterly , and said that was honest; and immediately while she was looking after what he wanted , he took these and run out; but a Neighbour hearing of the Robbery, saw the Prisoner at a Publick-House and seiz'd him. The Prosecutor declared she had been robb'd eleven Times]

The Prisoner is a Seafaring Fellow, very bold and impudent.

Guilty .

[Transportation. See summary.]

378. Mary Jones was indicted for stealing a Folio Common Prayer Book value 2 s. 6 d. the Goods of the Parishioners of St. Andrew's , the 29th of September .

Acquitted .

379. Mary Toasten was indicted for stealing a Silver Watch , the Goods of John Jones .

[This Mary Toasten lived as a Servant with Jones, she came into his Chamber in the Morning, when he was in Bed, and took his Watch from the Table, went out , and never returned 'till he found her and had her committed.

Guilty .

[Transportation. See summary.]

380. Hannah Robinson was indicted for stealing a green Bed Quilt, three Pair of Stockings, a Feather Pillow, &c. the Goods of Charles Carr , the 14th of September .

Guilty .

[Transportation. See summary.]

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

Receiv'd Sentence of Death 4.

Samuel Mecum 331

Robert Radwell 344

Robert Fitzgerald 355

Philip Jewel 356

Receiv'd Sentence of Transportation for 7 Years, 20.

Katherine Duyer 335

John Webb 336

Elizabeth Goodman 337

Fool Tooley 340

Barthol. Quickley 341

and Mary his Wife 342

Susannah Jones 343

John Jetter 347

Mary Adams 349

Isaac Thirn 358

Elizabeth Bassil 361

James Carnew 364

Susannah Read 365

William Newel 370

Elizabeth Wheatly 372

William Crocket 376

Jacob Holloway 377

Mary Toasten 379

Hannah Robinson 380

Burnt in the Hand 1 .

Jane Ellis - 359

To be Whipp'd 6.

Susannah Maidland 338

Benjamin Lewis 345

Katherine Jolly 348

John Bannister 360

Sarah Carr 362

Anne Andrews 370

To be Imprison'd.

George Taylor and Mary Robinson , the first for six Months and the latter for two Years 354, 355.