Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 November 2014), June 1747 (17470604).

Old Bailey Proceedings, 4th June 1747.

THE PROCEEDINGS ON THE KING's Commissions of the PEACE, and Oyer and Terminer, HELD FOR THE CITY of LONDON, AND County of MIDDLESEX,

AT JUSTICE-HALL in the Old-Baily, on THURSDAY June 4, and FRIDAY June 5.

In the 20th Year of His MAJESTY's Reign.

BEING THE Fifth SESSIONS in the MAYORALTY OF THE

Right Honourable William Benn , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER V.

LONDON:

Printed for J. HINTON , at the King's-Arms in St. Paul's Church-Yard. 1747.

[Price Six-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, and Oyer and Terminer, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM BENN , Esq; Lord Mayor of the City of London, the Honourable Sir THOMAS DENNISON , Knt. One of His Majesty's Justices of the Court of King's-Bench; the Honourable Sir THOMAS ABNEY , Knt. One of His Majesty's Justices of the Court of Common-Pleas; and the Honourable CHARLES CLARKE , Esq; One of the Barons of His Majesty's Court of Exchequer ; JOHN STRACEY , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate holden for the said City, and County of Middlesex .

London Jury.

William Whintle ,

Robert Day ,

John Payne ,

Thomas Powell ,

William Garforth ,

James Burgis ,

Thomas Manning ,

William Goodchild ,

James Richardson ,

Robert Scowthorp ,

Nathaniel Delander ,

John Worral ,

Middlesex Jury.

William Frith ,

Earnest Barnet ,

Thomas Morris ,

John Barlow ,

William Parrot ,

William Grenning ,

William Stacole ,

John Wilkins ,

Henry Hawkins ,

William Timbrell ,

Thomas Caigow ,

John Blakesley .

132, 133. + Elizabeth Dennis and John Ryley , were indicted for assaulting Elizabeth Holloway on the King's Highway, in a certain Place called White-horse Alley , putting her in bodily Fear and Danger of her Life, and taking from her one Cotton Gown, value 10 s. one Pair of Stays, value 3 s. one Handkerchief , value 6 d. one Apron, value 6 d. one Cap laced, value 2 s. &c. the Goods of the said Elizabeth Holloway , May 2 .

Q. Were they both together?

Holloway . Yes, please your Lordship; I ask't my Way to Queen-street, and they directed me into this White-horse Alley.

Q. Did they go with you?

Holloway . They followed me, my Lord, and stript me, they came up, and fell a stripping of me directly.

Q. Did they say nothing to you?

Holloway . They said nothing to me, but fell to stripping of me.

Q. What Time was this?

Holloway . It was between the Hours of eleven and twelve at Night.

Q. Where do you live?

Holloway . I live in Queen-street in Lincoln's-Inn Fields.

Q. How came you to be out so late?

Holloway . Please your Lordship, I went to see some Friends that were come to Town, at an Inn in Smithfield , they were then upon going out of Town .

Q. Did not you know your Way into Queen-street ?

Holloway . No, my Lord, I was a Stranger in London; I am a Servant in Queen-street to one Mr Sharp .

Q. Was it Light or Dark?

Holloway . Please your Lordship it was Star-light.

Q. Now let us know what they did to you; they stript you, you say, what did they take from you?

Holloway. They stript my Cap off my Head , and my Gown and Petticoat, and my Handkerchief from off my Neck, and my Stays, and my Shift from my back. I met the Prisoners in Smithfield the first Day of May, and I ask'd them my Way to Queen-Street.

Q. Did not you cry out?

Holloway . Yes, my Lord, I cry'd out Murder. They beat me to such a Degree that I was not able to stir.

Q. Did any body came to your Assistance?

Holloway . No, and please your Lordship.

Q. What follow'd upon this?

Holloway . Please your Lordship, I cry'd out Murder; and when nobody came to my Assistance I cry'd out Fire.

Q. What became of them and you then?

Holloway . The Woman d - d me for a B - h, and said, she would kill me. What became of them afterwards I can't say, they run away.

Q. What did you do?

Holloway . Please your Lordship, I crept into a waste House that was there in the Place. I was ashamed to be seen by any body.

Q. How do know that these Prisoners at the Bar were the Persons that stripp'd you?

Holloway . My Lord, I knew them when I saw them again.

Q. How came they to be taken? How came you to find out these Persons?

Holloway . There were some People came about me the next Day to see me, and they asked me, if I could tell the People that stripp'd me? I said, I could give a Description of the Woman in particular , and of the Gown upon her Back.

Q. Could you tell the Colour of her Gown?

Holloway . Yes, she had that Gown on she has now. And I described the Man. I can't say particularly I could discern the Colour of his Coat, but I thought it was dark; and I describ'd him for that same Person he is.

Q. Do you know how they came to be taken up?

Holloway . The People are here that took them up.

Q. Are any of the Cloaths you were stripp'd of here?

Holloway . Yes, my Lord.

Q. to the Prisoners. Will either of you ask Mrs Holloway any Questions?

Dennis the Prisoner. Ask her, if she did not say to the Constable, that she could not swear positively to me, for she was very much in Liquor, for there were four or five of them?

Holloway . After they struck me in the Eyes I thought there was more, for I saw double; but I believe it was owing to my Eyes.

Court. The Prisoner asks, whether you was not in Liquor?

Holloway . No, please your Lordship.

Q. Who did you tell this too? And, how soon did you tell it?

Holloway . I told it to the first Person that came to me.

Q. Pray, in what Manner did you get home to Queenstreet ?

Holloway . My Mistress was so good as to send me some Cloaths. I sent a Woman that was in this waste House to one Sarah Gilbert , an Acquaintance, in Fleetstreet ; but I don't know who the Woman was I sent.

Q. This waste house you speak of, does nobody live in it? Pray, how did you get any body to you?

Holloway . Please your Lordship, there were two or three Woman in the waste House, they don't live there, but only they lay there.

Q. Don't you know any Thing of these Women ? Are any of them here?

Holloway . No, my Lord, nor I know nothing of them.

Court. One of these Women you sent to your Friend.

Holloway . Yes, my Lord.

Q. Did your Mistress come?

Holloway . She did not come, but she sent a Woman with the Things.

Q. What Woman?

Holloway . One Sarah Gilbert .

Q. What is Sarah Gilbert ? Is she a Servant of your Mistress's?

Holloway . No, my Lord, she is an Acquaintance of mine: I sent to this Sarah Gilbert first, and she went to my Mistress for me; she lives in Fleetstreet .

Q. Is she here?

Holloway. No, my Lord.

Court . You had as good send for her, as it is no further, while the other Witnesses are examining .

Holloway . If you please, my Lord, I can step myself. (The Court desired she would.)

Q. to John Smith , What do you know of this Matter ?

Smith. I am the Constable's Beadle; upon the 2d of May, between one and two o'Clock (in the Night) the two Prisoners at the Bar came into the Watch house, and the Woman had a bundle in her Apron, and they call'd for a Tankard of Beer, (our Watch-house is kept in a publick House in Golden lane) and the Woman of the House draw'd them a Tankard of Beer; and while they were drinking the Beer, she heard Elizabeth Dennis say to Ryley , I am glad you are clear'd from the Old Bailey. And Ryley said, he was clear'd that Afternoon, which was on Friday the first of May. So the Woman of the House call'd to me, and said, I have heard these Persons talking together, I don't like them. While they drink the Tankard of Beer I said, keep the Door fast, don't let them go out. So I said to them, I must examine you before you go; so she broke the Windows, and struck the Watchman; and in the Struggle, having but one Watchman, Ryley made his Escape from us. In about a Quarter of an Hour Ryley came a second time, and we let him go again, and was glad he was gone, for fear he should get Hands and rescue the Woman. Having but one Watchman I detain'd the Woman till between three and four o'Clock, then I carried her down to New Prison; and desir'd the Man, if any Body came to inquire for the Prisoner to let me know, and I would pay him for his Trouble: This was on Saturday Morning, and I think, on Tuesday Morning Ryley was brought by an Officer out of Shoreditch ; I went down to New Prison, and stay'd till the Officer came and brought him there, and went with him to Justice Poulson's ; he own'd the Fact before the Justice, but where to find the Prosecutrix I could not tell . When he came to Justice Poulson's he wanted to make himself an Evidence. Mr Poulson said, what do you want to make yourself an Evidence for? He own'd that he was in Company when the Woman ask'd the Way, and that he beat her. Says Mr Poulson , as the Prosecutrix is not here I can't commit you for this Fact, but I'll send you to Bridewell. In a Day or two's time I inquir'd after the Prosecutrix, and I found her in Queenstreet , at her Mistress's; when she saw the Prisoner Ryley she said, he was the Man that robbed her.

Q. What Day of the Month was you before the Justice?

Smith. The 2d of May; and Ryley was taken a Day or two afterwards, and the Prosecutrix pick'd him out among the rest that were in Prison. She was naked from between eleven and twelve o'Clock at Night till the next Day ten o'Clock, then the Neighbours lent her some one thing, and some another; she came to Hicks's Hall about two or three o'Clock in the Afternoon: When she came, says the People, Here's the Woman that was robb'd last Night. I had not a Hearing before the Justice till then.

Q. Where was she robb'd, did she say?

Smith. In Chick-lane; one End of the Place comes into Chick-lane, and the other into Cow-cross. She said she was robb'd at such a Place of all her Apparel, and abused to a gross Degree; she could scarce see with one Eye, and was very much bruised.

Q. By the Prisoner Elizabeth Dennis . I would desire to know, whether Elizabeth Holloway came to Hicks's Hall or the Alehouse ?

Smith. She came to Hicks's Hall first. She heard that we were at the Black Bull Alehouse; and when she came to the Alehouse she challeng'd the Shift that was upon the Prisoner's Back ; she challeng'd it, and it is here in the Bundle.

Q. What Time was this?

Smith. It was between two and three o'Clock when the Prosecutrix came up to Hicks's Hall, and she mentioned every particular Thing before she saw them.

Q. Did you know John Ryley , the other Prisoner, before he was telling the Woman that he was cleared?

Smith. No.

Q. to Ann Benbow . What do you know of the Prisoners?

Benbow . On the 2d of May the two Prisoners came into the Watch-house, and they ask'd for a Pot of Beer. The Woman seem'd to have a large Bundle in her Apron. When I draw'd the Pot of Beer I call'd the Beadle to me, and told him, I believ'd they were not very good People, and desired the Beadle to see what she had got in her Apron . He said he would presently; and he sat down in the Box, the other side of them; and I heard the Woman say, that she was very glad he (Ryley) was cleared at the Old Bailey. He made Answer, and said, he had been an Hour upon his Trial. He had been try'd for two Gallon Pots*. The Beadle ask'd to see what she had in her Apron; she obstinately refused; but he did take them, and I saw they had been torn off somebody's Back: The Petticoat was fresh torn in two Places. These were the Goods taken out of her Apron. (The Goods were all produced in Court.) I said, I was afraid there was a Robbery committed, if not a Murder, for the Things did not look as if they belong'd to her. The Prisoner said she would not give any Account of herself.

* See Sessions Paper in May last, Numb . IV. Part II. Trial 217.

Q. to Mrs Holloway. Where did you see the Prisoner with the Shift upon her Back?

Holloway . At the Justice's House, and he ordered me to take her into the Garden and take it off.

Q. Was you at the Alehouse? Had she the Shift on there?

Holloway . Yes, she had it there, but it was taken off in the Justice's Garden.

(The Shift produc'd in Court.)

Q. to Ann Benbow . You saw the Goods open'd?

Benbow . Yes, and I insisted upon the Beadle's taking her into Custody. She would not let him have the Things for some time; she struggled and broke the Windows. She was carried to Prison about three o'Clock. I am certain she is the Woman; she was in my House from a Quarter after one to a Quarter after three. Ryley was there, and he said, she was his Wife , and he had given her 6 s. the Night before. Ryley and the Woman came together.

Q. What have you to say with respect to Ryley ?

Benbow . He said, she was his Wife, and he gave her 6 s. the Night before. He seem'd to be frighten'd and in a hurry, and went out under a Pretence to call somebody to give an Account of the Things. He went out and came in again, and went out again. The Woman behaved in such a Manner that she frighten'd us out of our Wits.

Q. Do you know any Thing further?

Benbow . I heard Ryley say before Justice Poulson, he was willing to make himself an Evidence.

Q. What is the Name of that Man that took him up?

Benbow . He lives at the Gun in Kingstand Road . When I said there was some Mischief done; Ryley said, What had any Body to do if he tore all his Wife's Cloaths off her Back.

Q. to John Austin . What do you know of this Matter?

Austin. I am a Watchman in Golden-lane; on the 2 d of May last, after I had been beating my Rounds, I came into the Watch-house and I saw the two Prisoners at the Bar; the Woman was very turbulent, she was fighting, and broke the Windows, and I found it was about the Beadle's examining her Bundle that she had. She was very unruly, and the young Fellow slipt out, but we kept her there till the Watch was broke up, and then we carried her to New-Prison, and in the Morning, about nine o'Clock, we went to fetch her out of Prison to carry her before a Magistrate, and being Sessions time we had her to Hicks's Hall, but we could not have a Hearing before the Afternoon; and there came a Woman and ask'd, if a young Woman was not there taken up for a Robbery in Chick-lane? When the Woman saw the Prisoner, she said to her, You Jade, how could you abuse the Woman so? She is at my House almost murdered. She is in Bed and was almost naked. I said to the Woman, she must be fetch'd, and they brought Mrs Holloway the Prosecutrix, and she was in a deportable Condition; she had two black Eyes, and her Forehead bruised, and when she saw the Woman Prisoner, she swore to her as the Woman that had robb'd her; and she burst out a crying, and said, that is my Shift you have upon your Back. Then we went to Justice Poulson and had a Hearing there, and she swore to the Things there as also to the Woman.

Q. Do you know any Thing of this Ryley?

Austin . He was taken the 5th of May in Shoreditch ; and when he was taken he was carried before Justice Poulson , and he wanted to make himself an Evidence; says the Justice, I have Evidence enough already; but let us hear what you have to say, Please ye, my Lord, says he, (to tell you the Truth) on Friday in the Afternoon I was acquitted at the Old Bailey, and I went to the Twopenny House in Chick-lane, and got myself a little in Liquor, and I and the other Prisoner met the Prosecutrix, and she ask'd us the Way, and we directed her up that Alley .

Henry Thompson . I am a Watchman, I know nothing more, than that I help'd to carry Elizabeth Dennis to New Prison.

Q. to Mary Jackson . Where do you live?

Mary Jackson . In White Fryars , by the Glass-house , Mrs Holloway had lodg'd with me.

Q. How came you to know of this Affair?

Mary Jackson . She came to see us on May-Day, being Country-folks, and went from me about nine o'Clock. I parted with her at my own House, but we heard the next Day she was not got home. Her Mistress came to my House the next Morning to see for her; and I said I knew nothing of her. She went from my House, and the next News I heard of her was, that she was robb'd and stripp'd, and beat near to Death; I went to see her, and saw her in that Condition, and sent her this Gown to come home in.

Court to the Prisoner, Elizabeth Dennis , What have you to say in your Defence?

Dennis. I was coming Home about eleven o'Clock, and I met John Ryley ; he ask'd me where I was going; and he ask'd me to go to drink a Pint of Beer with him: He said he was going with these Things to assist his Mother in her illness . He said, if I would go with him he would give me a Shift and Six-pence besides. I being willing to earn Six-pence I went along with him. We went up Golden-lane, and we drank some Beer; and there happen'd to be a young Woman that knew John Ryley . There happening a few Words, the Woman told him he was try'd at the Old Baily. After we went to go out she stopp'd me to see what was in my Lap. John Ryley trod upon my Toe, and told me not to let them see them; and when they look'd at the Things they said, they had been torn off some Woman's back; so Ryley said, what had they to do if he did tear them from his Wife?

Q. to Ryley . What have you to say?

Ryley . I was going Home disguised in Liquor. I did not know where I was, I never saw the Creature nor the Things till I was before the Justice.

Elizabeth Dennis and John Ryley , both Guilty . Death .

134. + John Cook , was indicted for assaulting Anne White , in a certain Field near the King's Highway, putting her in Fear, and taking from her Three Halfpence , the Money of the said Anne White , May 6 .

Q. to Anne White . Do you know the Prisoner at the Bar?

White. Yes, Sir; as we came out of Devil's-lane , almost by Crouch-end .

Q. When was this?

White. On Wednesday the 6th of May, between twelve and one o'Clock at Noon; as we were going into the Seven Fields the Prisoner at the Bar sat under a Hay-cock in the first Field; he sat with a Stick a-cross his Lap: When we had got half-way into the Field he followed us, and we made believe we had somebody behind us, for we were afraid of him.

Q. How did you make believe you had somebody behind you?

White. We ask'd why they stay'd; he turn'd round to see if any body was coming; then he said, young Women, I will stop you, to see whether any body comes to you.

Q. What did he say more to you?

White. He said, young Women, I will stop you till I see whether any body comes; he put his Hand in his Pocket, and said, if we made any Resistance he would do for us.

Q. Did he take any thing from you?

White. Yes, Three Half-pence; I took it out of my Pocket and put it into his Hand, and I made him a Courtesy and thank'd him, and went away. This was near a House; it was the Field, facing Mount Pleasant .

Q. What did he take from the other?

White. One Shilling.

Q. Where had you two been?

White. She was going to see her Aunt; and my Mother gave me leave to go with her.

Q. Had he any Mask, or any thing to disguise him?

White. No, he was just as he is now; we gave Notice of it at Crouch-end , and this Man pursued after him.

Q. When was he taken?

White. The 6th of May, about two Hours after the Robbery was committed; we told the Witness John Watling that we were robb'd, and describ'd him.

Q. After you had given Notice did you go home?

White. No, we went to this young Woman's Aunt; and we told the Witness we were going to Hornsey, to one Mrs Seers .

Q. When did you hear of this Man's being taken?

White. About three Hours afterwards.

Q. What then?

White. He was carried before Justice Cook at Newington; then Justice Cook sent him down to the Justice at Islington , because it was done in Islington Parish.

Q. What was the Justice's Name he was carried to?

White. To Justice Hole.

To the Prisoner. Would you ask this Witness any Questions?

Prisoner. When I was carried before Justice Cook at Newington. I was there the better Part of an Hour and an half. When I was in Justice Cook's Yard then the two young Women were brought in; I was talking with the Coachman, and that young Woman in the brown Gown, I can't now repeat her Name, she came in first, and there was a Man standing at the Stable Door in a blue Waistcoat, and she goes up to that Man, and says, This is the Man that robbed me.

Court to Mary Simms . He desires to know, whether you did not fix upon another Man at Mr Cook's.

White. They hurried her along so, that she did say, this is the Man . I said, No, Mary, that is not the Man ; and I pointed to the Prisoner, and they pulled him in directly and shut the Stable Door.

Prisoner. What the young Woman now speaks is impossible, Justice Cook's Coachman is witness, and another Man, and I suppose is subpoena'd here; I did not see that young Woman, neither did she me. When I was before Justice Cook, in his House, the Woman swore, that I took Six-pence in Silver; that she gave me six Pennyworth of Halfpence; she swore some were Half-pence and some were Farthings. I had but Three-pence about me. They swore I had it; I was search'd, but I had it not.

Court to White. You must answer him; he says he was search'd, and there was no Silver found about him.

White. No Silver found about him, but he said he thought he had lost it.

Q. Did he say he had Six-pence in Silver?

White. Yes, Sir.

Q. to Mary Simms . What have you to alledge against the Prisoner, with respect to this Fact?

Simms. As we came out of Devil's-lane of a Wednesday the 6th of May.

Q. Who was along with you?

Simms. Anne White .

Q. What Time was it?

Simms. Between twelve and one o'Clock, when we came out of Devil's-lane into the Seven Fields , we saw no one but the Prisoner.

Q. Where was he in the Field?

Simms. He sat under a Hay-Cock with a Broomstick a cross his Lap.

Q. Did he say any thing to you?

Simms. Not any thing to us till we got halfway the Field; he walked after us; we made believe somebody was behind us, so he kept before us. He walk'd to the Hill called Mount Pleasant , and he turned to look if any body was coming; finding no body was coming to us, he came to us and bid us deliver; so I was very much frighten'd, and I gave him my Half-pence, and then I gave him a Silver Six-pence.

Q. Did he say any thing more to you?

Simms. He put his Hand to his Pocket, and said, if we offered to make any Resistance, he would do for us.

Q. Did he take any thing from Anne White ?

Simms. Yes, Three Halfpence. I had a Pocket-Piece besides, which he gave me back again.

Q. What did you give him?

Simms. It was Half pence and a Silver Six-pence, but I can't swear to the Sum of Half-pence. When he had given me the Pocket-Piece again I went away some Distance. I was very much frighten'd. When we came to Crouch-end we described the Man by his Cloaths.

Q. Did you tell Watling where he might find you?

Simms. Yes, we told him at Mrs Seers's at Hornsey .

Q. Had you any Account of this Man being taken while you was at your Aunt's?

Simms. Yes, we had an Account of it two or three Hours afterwards by this Man, the Witness, and we went with him.

Q. Where did you go?

Simms. We went from Hornsey to the Justice at Newington.

Q. When you came to Newington did you see the Prisoner at the Bar?

Simms. Sir, I can't say, whether I did or no; I pitch'd upon a wrong Man, the Door was shut against him.

Q. Had he any Disguise, that you might possibly be mistaken?

Simms. No, nothing. I am very positive he is the Man.

Court. You did see this Man after you had pitch'd upon the wrong Man?

Simms . Yes, Sir, I know'd the Person when he came in.

Q. Did Anne White say any thing to you?

Simms. Yes, she said, that is not the Man; that is not the Man: She contradicted me in the Moment that I said the Word, and they shut the Door against us.

Q. Did you see the Man in the Stable when she said so?

Simms . No, for the Door was shut; but immediately, when he came out of the Stable, then I knew him.

Q. Where was he carried after that?

Simms . Before Justice Hole at Islington .

Q. to Tho White . What do you know of this Matter?

White. I know so far as this; that I was Constable, and that I took him into my Custody before Justice Cook. When my Daughter told me that she was robbed I went with him to Justice Cook's; and he own'd the Fact to me, and he would have given me two Guineas to make it up.

Q. Did your Daughter know him immediately?

White. Yes, Sir, when he look'd out of the Stable, my Daughter said, that is the Man.

Q. The Man that had done what?

White. The Man that had robbed her.

Q. What did the Prisoner say?

White. As we were going along, he begged of me that I would make it up with my Daughter, and that he would give me two Guineas for myself, in Case I would let him go.

Q. Did Mary Simms go with you.

White. Yes.

Q. Was the Prisoner search'd?

White. Yes, when I search'd him, he owned he had Sixpence in Silver, but he could not tell what became of it; he had about five Pence or five Pence halfpenny to the best of my Knowledge.

Court to the Prisoner. Will you ask this Witness any Questions?

Prisoner. What he says in the Affair of my confessing the Fact to him is false. As we were going along he said, he had known me, and I bore a very good Character, and my Master had entrusted me. I said, I had rather give him two Guineas than I should be exposed to my Master.

Q. Did he insist upon it, that he was a Person of good Character, and that you knew him?

White. We did not know any thing of his Character, or where he came from.

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

Watling. I was at Crouch-end the 6th Day of May, these People came down very much frighten'd, the two Women, and said, they were robbed; I said what manner of Person was it that robbed you; they said, he is a Man with a blue grey Coat, a red Cap, and blue Apron. I said, if I should see any thing of him, where shall I find you? They told me. I got sight of him, and pursued him into Hornsey-house .

Q. Where did you take him?

Watling . We followed him from thence to Stanford-hill ; there we took him.

Q. Who took him?

Watling . Edward Taylor .

Q. Did you call to Edward Taylor to take him?

Watling. I call'd out, Stop Thief, and he jump'd the Ditch, and Edward Taylor took him, and then I came up. Then I went away for the Witnesses. I said to them, you take him before the Justice at Newington. Then I said, I would go to the People that were robbed; so I went to fetch the Women.

Q. When they came, did they know him?

Watling. Yes, my Lord.

Court to the Prisoner. Will you ask this Witness any Questions?

Prisoner. That Man, as I was coming a-cross the Field by Hornsey , I sat down in the Field, and this Man met me, and he then had on a white ragged Fustian Frock or Waistcoat; he said to me, Did you see a Man and Woman go along; I said, I did.

Court. Did you ask him, whether he saw the Woman with a Basket?

Watling. He said, he saw a Man with a Basket, which was me all the while, which I did not tell him. He said, which Way did they go? I pointed out the Way. And he asked me, which Way I came? I said from London.

Edward Taylor . I was at Work by the Road side on Stamford-hill , in the Parish of Hackney, and I heard a Person cry out, Stop Thief. I saw no body. I was surprized to hear a Cry of Stop Thief; so he (the Prisoner) immediately jumpt over the Hedge and Ditch almost upon me. He said to me, I am the Lad that have robb'd two Women of Nine-pence; and I said, then he must go to the Gate.

Q. Where do you live?

Taylor. At Tottenham High-Cross ; I am a Day-labouring Man.

Q. Did you go with him before the Justice?

Taylor. Yes. I went with him before Justice Cook, but he did not care to be concern'd in it; then we went to Islington .

- Battey. I live at the Fan and Bull-head on Stroud-Green . When I heard of the Robbery, I said, we shall have our Trade spoil'd; what, Robberies already at Noon-day? As I was talking with my Wife the Prisoner stood opposite to my Door, about twenty Yards from my House. I said, according to the Description of the Man, that this Man must be the Person. I would not give him any Suspicion. I thought to have took him before he ran away; accordingly, as I approach'd nigh to him, instead of going through the Gate he jump'd, and run a-cross the Green to Samford-hill before he was taken.

Court to the Prisoner. What have you to say for yourself.

Prisoner. I can say so far as this, I am not guilty.

Q. Have you any Witnesses.

Prisoner. I did expect three or four Gentlemen of great Worth to appear for me, that knew me and my Friends; but I have seen none of them here but my Master, with whom I have lived.

Q. to George Dodwell . What have you to say?

Dodwell. I, and the rest of the Witnesses, was inform'd the Trial was not to come on to-day. The Prisoner always behav'd honestly and faithfully with us.

Q. Where do you live?

Dodwell. At the London Spaw.

Q. When did he live with you?

Dodwell. He has left me about a Month or six Weeks. We were inform'd the Trial would not come on till Friday. He was entrusted with Money; and he had a very good Character from Bristol. It was for no ill Behaviour that we parted with him, but only that we did not want any body in his Place. The Jury found the Prisoner Guilty.

[But as it did appear that he had Friends to speak to his Character, he was try'd the next Day upon another Indictment; which was, the robbing of Mary Simms , of 1 s. The Witnesses were just the same, except the Persons that appear'd on the Behalf of the Prisoner; which was, in the first Place, Mrs Mary Dodwell , with whom he had lived a Servant; she said he behav'd very honest and just while he was with them.

Mr William Hunt and his Spouse declared, that they had known the Prisoner, and his Father and Mother for fifteen and sixteen Years, and he always behav'd very well.

John Fowler . I have known him for two Years; I never heard any Harm of him; and his Father and Mother are very honest People.

Guilty . Death .

[But considering the Prisoner's Youth, and the good Character given him by the above Witnesses; and hoping it might be the first Fact, the Jury recommended him to his Majesty's Mercy.]

135. John Brown , otherwise Stanley , was indicted for stealing one Silk Handkerchief, value 3 s. the Goods of Jonathan Moreton Pleydell , Esq ; the 12th of May .

Q. to Mr. Pleydell. What have you to alledge against the Prisoner at the Bar?

Pleydell . What I have to alledge against the Prisoner is, the picking of my Pocket on the 12th of May last in the Strand, between the Hours of five and six in the Afternoon. When he had pick'd my Pocket I saw him cross the Street in a suspicious Manner.

Q. Whereabouts was it?

Pleydell . It was opposite St Clement's Churchyard . I felt a kind of Weight at my Pocket, and I found my Handkerchief lost.

Court. You did not see him take it?

Pleydell . I did not see him take it; Upon finding it gone, a Gentleman, one Mr Travers , and I, immediately followed him; he walk'd pretty slow ; when he perceiv'd we were near him he began to run; he run towards the Church.

Q. What did Mr Travers do then?

Pleydell . We took him by the Church.

Q. Are you sure that Handkerchief is your's?

Pleydell . Yes, Sir, it is mark'd with J. P.

Q. What did he say when you took the Handkerchief upon him?

Pleydell . He begg'd our Pardon; and said, it was the first Fault that he committed.

Court to the Prisoner. The Gentleman swears you took the Handkerchief out of his Pocket.

Prisoner. Ask him if he saw me.

Court. He says, he did not see you take it.

Prisoner. They knock'd me down with their Sticks.

Pleydell . He made his Escape, and we were running a-cross the Church-yard the second Time.

Q. Did you knock him down the first Time?

Pleydell . The second Time we knock'd him down.

- Travers. I was present with Mr Pleydell when this thing happen'd.

Q. When was this?

Travers . On the 12th of May. We had been at Dinner at the Crown and Anchor, and was going from thence to the Coffee-house. Mr Pleydell informed me, that he believed the Prisoner pick'd his Pocket of his Handkerchief. I saw the Man cross the Way; he was walking softly down the Church-yard, with that Mr Pleydell and I cross'd the Way, and went to the Church-yard and seiz'd him, and asked him, What he had done with the Handkerchief? I took him by the Collar, and I believe I struck him with my Stick: I did not strike him down, but he fell upon his Knees and begged that we would forgive him, for it was the first Crime he had ever been guilty of, of that kind; then I saw Mr Pleydell take that very Handkerchief from under his right Arm. Then he ran away.

Q. How far did he go?

Travers . He ran up the Church-yard, and went to the Back-side of St Clement's. There was a Gentleman in our Company that is not here, he is in the Country; so we put the Prisoner into a Coach, and carried him before Justice Burdus .

Court to the Prisoner. Have you any thing to say; or any Witnesses?

Prisoner. My Witnesses did not expect my Trial to have come on.

Guilty .

[The Prisoner last Sessions was admitted an Evidence against Thomas Lane and William Clark, for stealing Hats from one Haffenden in Curfitorsstreet ; but as this Fellow was an Accomplice they were acquitted *.]

See Sessions Paper, Numb. IV. Part II. Trial 214 .

[This same Brown (a Fellow with one Arm) was likewise an Accomplice with Samuel Cobb and John Ryley , in stealing two Gallon Pewter Pots, from one Mr Freeman; and was then admitted an Evidence *.

* See Sessions Paper, Numb. IV. Part II. Trial 217.

[Transportation. See summary.]

136. George Holmes , indicted for Bigamy; and the Indictment sets forth, That he the said George Holmes on the 10th of Feb. 1745 , did feloniously marry Mary Walters , Widow , Mary Williamson , his first Wife, then being alive, against the Statute in that Case made and provided .

Q. to Richard Williamson . Do you know the Prisoner at the Bar, George Holmes ?

Williamson. Yes.

Q. Do you know one Mary Williamson ; is she related to you.

Williamson. She is my own Mother.

Court. Give an Account who it was she was married to.

Williamson. She was married to George Holmes , the Prisoner at the Bar.

Court. Give an Account how long it was since this Prisoner was married to her.

Williamson. In the Year 1742, on the 4th of July.

Court. She was a Widow, was she not?

Williamson. Yes; they were married at Horn-Castle in Lincolnshire , my Lord.

Q. Pray did they live together?

Williamson. Yes, my Lord, for the value of two Months, or some such Time.

Q. Is Mary Williamson alive or dead?

Williamson. I saw her about three Quarters of a Year ago.

Q. What became of your Mother?

Williamson. She lives now at Horn-Castle .

Q. How long ago is it since you saw her?

Williamson. About three Quarters of a Year.

Q. Did the Prisoner and she part?

Williamson. Yes, my Lord, but I don't know upon what Occasion; he beat her, he struck her, whether that was the Occasion of their parting, I can't tell; he liv'd at Horn-Castle at that Time.

Q. Where does he live now?

Williamson. He lives along with his present Wife.

Q. to Mary Walters . Do you know the Prisoner at the Bar George Holmes ?

Walters. Yes, my Lord.

Court. Will you give an Account to the Court when it was that the Prisoner married you?

Walters. I cannot justly say the Day of the Month, but it was the Monday before Shrove-Tuesday was a Twelvemonth.

Q. Where was it he married you?

Walters. At St Andrew's, Holborn .

Court. He made his Addresses to you as a single Man, did he not?

Walters. Yes, my Lord.

Court. Give us some Account how long he made his Address to you.

Walters. It was about Christmas Time, or a little before; I had been a Widow seven Years.

Q. Where did the Prisoner at the Bar live?

Walters. He lived in Field-Lane with his Daughter.

Court. So he addressed you as a single Man?

Walters. Yes, my Lord, and Mr Wright married me.

Q. Have you lived as Man and Wife ever since?

Walters. Till his other Wife's Son came and blowed him.

Q. to James Wright . Was you Curate at that Time at St Andrew's.

Wright. Yes, my Lord.

Court. Do you recollect whether or no you married the Prisoner at the Bar to that Woman, Walters?

Wright. I remember very well marrying Mary Walters (on the 10th of Feb. 1745.) to one George Holmes , but I don't recollect his Person.

Q. Did you marry them with a Licence?

Wright. Yes, with this Licence.

Court to Williamson. This Clergyman has given an Account, that this Man was married to Mary Walters the 10th of Feb. last, was a Twelvemonth; now was your Mother alive at that Time?

Williamson. I saw her three Quarters of a Year ago; and here is another Evidence that saw her in July last.

Q. to Robert Jones . Tell us what you know of the Matter.

Jones. I knew the Prisoner some time before they were married; I was to have given her away at the Marriage, the second Marriage.

Court. Did you know the Prisoner as a married Man or a Batchelor?

Jones. I knew him as a Widower, I was to have given her away; I was a little busy when they sent to me, but I went as soon as I could after I heard of it, but I was not there till the latter End of the Ceremony; I was present at the latter End of the Ceremony, and I can swear that the Prisoner is the Man that was married to Mary Walters . I have no more to say.

Q. to Jasper Sisens . Do you know the Prisoner George Holmes , where did you see him first?

Sisens. All that I have to say is, that the Gentlewoman was living in July last; I saw her at Horn-Castle .

Q. Did you know her before.

Sisens. She kept the Sign of the Royal Oak.

Q. How long was it since he lived at Horn-Castle with her?

Sisens. I cannot say what Time he lived with her.

Q. Pray at the Time you speak of in July last, when you saw her, did she appear as a Widow, or was she accounted a married Woman at that Time.

Sisens. She appeared as a Widow at that Time.

Q. Do you live at Horn-Castle ?

Sisens. I was brought up there.

Court to the Prisoner. What have you to say for yourself, with Respect to this Fact, of marrying Mary Walters , before your first Wife Mary Williamson was dead.

Holmes. My Lord, Word was brought to me, that my first Wife was dead; her Son Williamson declared that she was dead.

Q. to Williamson. Did you declare to Mary Walters that Mary Williamson was dead?

Williamson. No, my Lord, I should wrong my Conscience very much if I did, when I saw my Mother within these three Quarters of a Year.

Q. Did your Mother keep this publick House (the Royal Oak) as a Widow.

Williamson. She keeps another House not that, and she went by the Name of Mary Holmes ; she did not know whether this Man was living or dead.

Q. Pray had you any Discourse with this Man, with Relation to your Mother.

Williamson. After I told this Wife the Fact, I saw him, and drank Part of two or three Pints of Beer with him, and he denied he was married to this Woman.

Q. Was any Body present at the first Marriage but you?

Williamson. One Robert Bolton , that gave her away; I saw them married, and I saw them bedded.

Q. to Ann Williamson . Are you related to Richard Williamson ?

Williamson. He is my Husband, Sir.

Q. What have you to say in behalf of the Prisoner?

Ann Williamson . As to the Prisoner, I don't know much of him, but as to Mr Williamson he is a very litigious Fellow; he married me about three Years ago. [This Witness endeavoured to discredit the Evidence of her Husband, but was not suffered to proceed in it.]

John Holmes . I am Son to the Prisoner, I hope your Lordship will take it a little into Consideration, the Evidence is a Person of a very infamous Character.

Q. Which Evidence?

Holmes. Richard Williamson ; when I was at Horn-Castle , when there was first pressing, he was generally thought to be the first Person that would have been press'd into his Majesty's Service.

George Holmes . I am also the Prisoner's Son.

Holmes. I did not know of the Affair how it was in the Country, neither was I present at either Places; my Lord, my Father is a weak Man, he is not a Man of Understanding, and easily drawn away, when he gets a little Liquor; he is easily overcome.

Q. What is his Business?

Holmes. He is a Taylor.

Q. Have you any Thing further to say, or any more Witnesses?

Holmes. Here is two from the Town.

George Simms . I have nothing further to say, but he has been a very honest Man all his Life Time, and behaved himself very well; I have heard that his first Wife kept a tippling House, and I have drank there, but she disdained the Name of Holmes: He has been from her these five Years, she was of such a turbulent Spirit, that he could not live with her.

Q. to Jane Simms . What have you to say of Williamson?

Sims. He is an idle Sort of a Person, and never kept his Services.

Q. Can you tell whether he was by at the Wedding or no? Or do you know whether the Prisoner Holmes lived with Williamson at any Time as his Wife?

Simms. Some small Time, my Lord, but how long I can't say; and she made a great Report up and down the Town, that he was not capable of performing Family-Duty as he ought to do.

Guilty .

[Branding. See summary.]

137. + William Grace , was indicted, that he, together with Robert Scot not taken, about the Hours of ten in the Night, in the Dwelling-House of John Pithean did feloniously take one Callico Quilt, value 2 s. two Linen Sheets, value 2 s. one Looking-Glass, value 5 s. the Goods of John Pithean , May 8th .

John Pithean . On the 8th Day of May last I was robbed by Persons unknown, they got in at the Window, as near as I can guess, between nine and ten at Night.

Q. Why do you say they got in at that Time of Night?

Pithean. Because my Wife was to make the Bed, not a Quarter of an Hour before.

Q. When did you see the Goods last?

Pithean. I saw them that Day in the Forenoon.

Q. When did you miss them?

Pithean. About ten o'Clock; when the Gentleman that lodged in that Room went to go to Bed, they were gone.

Q. How came you to think they were not gone before?

Pithean. My Wife went to make the Bed just before.

Q. When your Lodger went to Bed, did you see any Thing.

Pithean. I know I lost the Goods, but in what Manner I can't tell, only through the Window I reckon.

Q. How came you to lay the Charge against William Grace ?

Pithean. I was sent for; a Man had given an Information against him, that is an Evidence.

Q. When?

Pithean. It was about a Week ago; and the Justice bound me over to prosecute.

Q. Who was that Person?

Pithean. It is one Thomas Butler .

Q. Have you got the Things?

Pithean. No, my Lord; when we went to search, the Woman that had them run away; so upon his Information, the Justice bound me over to prosecute: Butler informed me, that he took them along with Grace, and another Person not taken.

Q. to Thomas Butler . What do you know of the Prisoner?

Butler. The Prisoner is of no Trade I believe; I have known him ever since the second or third of May.

Q. How came you acquainted with him?

Butler. I came acquainted with him first at the Crown and Cushion in Covent-Garden, a publick House.

Q. Do you know any Thing of the taking of these Goods of John Pithean's ?

Butler. We had a Ladder, please you my Lord; William Grace , and Robert Scot that is not yet taken.

Q. What did the young Men do?

Butler . We got in at one Pair of Stairs Window over the Gateway, and as near as I can guess, it was between nine and ten o'Clock at Night.

Q. What did the Prisoner do?

Butler. He stood upon the Ladder, and I handed the things to him.

Q. What Things?

Butler. A Pair of Sheets, and a Quilt, and a Looking Glass.

Q. Where are they?

Butler. I sold them to Elizabeth Smallman .

Court. You should have help'd to have taken her. Where is your Friend Sent? What is become of him?

Butler. I can't tell.

Q. How came you to disclose this Story? Who did you till it to first?

Butler. I told it to the Keeper of the Gaol.

Q. What was you in Prison for?

Butler. For a Pair of Saddle-Bags and a Portmantua .

Q. Who sold these Things?

Butler. I sold them to Elizabeth Smallman for 9 s.

Q. What became of the 9 s?

Butler. It is spent.

Q. Are you positive what Time of the Night it was.

Butler. I am sure it was after nine at Night. I heard the Clock strike. I believe it was St Anne's .

Q. Do you know any thing more?

Butler. Not about this Affair .

Q. Whose House is that you set a Ladder against?

Butler. At a Pawnbroker's at the Bottom of Adam and Eve Court in Tyburn Road . I was in Clerkenwell Prison, and the Thief-catchers came every Day to make me an Evidence.

Q. What is your Business.

Butler. I have had no settled Place long. I was born in St George's Parish Hanover Square .

Q. Where have you been for some Years past?

Butler. I have been abroad at Sea.

Prisoner. This Man was tried here the last Sessions.

As there was no other Evidence but the Accomplice Butler, the Prisoner was acquitted of this Indictment; but was try'd upon another, which follows.

138, 139. William Grace , together with Thomas Butler , were indicted for stealing (on the 18th of May) one Stick, value 6 d. two Shirts, value 4 s. two Handkerchiefs, value 1 s. 6 d. one Muslin Neckcloth, value 6 d. one everlasting Waistcoat, value 2 s. one Pair of Silver Spurs, value 15 s. one Leather Bag, value 2 s. the Goods of William Hensman .

Q. to William Hensman . Do you know the Prisoner Grace?

Hensman. I don't know the Prisoner. I gave Sarah Davis my Bags; there was in them Linen and Silver Spurs.

Q. Where does she live?

Hensman. At Islington , at the Py'd Bull ; she is Servant at that publick House.

Q. When was this?

Hensman. The 17th of Day of May.

Q. What was in the Bags?

Hensman. One Stock, one Neckcloth, a Pair of Silver Spurs, two Shirts, one was flaxen, two Handkerchiefs, one Waistcoat, call'd Everlasting, and a Pair of Stockings, I delivered to this Woman at the Py'd Bull at Islington : I left them till call'd for, and I call'd for them the 18th, and when I call'd for them they were stolen.

Q. Do you know any thing of the Prisoners stealing of them?

Hensman. Yes, my Lord.

Q. How came you by these Things again?

Hensman. By a Gentleman's following of them, that is in Court.

Q. Who deliver'd them to you?

Hensman . The Constable.

- White, Constable. I don't know any thing of them, but as they were delivered to me.

Q. Who delivered them to you?

White. The People that keep the Py'd Bull .

Q. Who deliver'd them to you? Tell me the Name of the Person. At the same Time that any body deliver'd the Goods to you, did they deliver the Prisoners?

White. Yes, the Goods and the Prisoners.

Q. Had you the Goods, and you don't know of who?

White. There was such Crouds at the House that I can't remember.

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

Davis. Mr Hensman deliver'd the Bag to me, and I put it in the Bar-Window about two o'Clock; the next Day they were taken away. Grace and Butler were brought the next Day with the Goods.

George Brown . On the Monday 18th of May, between one and two, I saw two Gentlemen come along very brisk in Discourse; this little Man, the Prisoner at the Bar was following these two Gentlemen, he took hold of the Gentleman's Flap of his Coat, and put his Hand to his Pocket; by and by he followed the Gentleman again, and pick'd out the Gentleman's Silk Handkerchief. Then they went over the Bank into the Widow Bentley's Yard, and I went up the Field to see if they came that way, to take a Look at them; and they went the other Way into her Yard, and between one and two this young Man at the Bar, with this Bag, came out of the Py'd Bull Yard.

Q. How did he carry them?

Brown. He had the Bags in an Apron.

Q. How do you know these are the Bags?

Brown. I know them, my Lord. Grace the Prisoner had these Bags, and these Things were in them. I ran back to the Widow Bentley, and told her, that I believed two Men had robb'd her of some Bags. When we told them of it they miss'd them. We got some of Mrs Bentley's People and pursued them. When we came to them, the tall one pull'd out a Knife and said, he would cut their Eyes out; with that he ran away, and the Prisoner Grace ran after him. When they saw they were surrounded they both laid upon the Bags. When Butler had said he would cut their E yes out, and they both ran away, I ran the length of a Field or two; then I bethought myself to take the Bags, so I went and took them, and threw them over my Shoulders, and run over the Fields and Ditches, crying, Stop Thief. Grace stripp'd, and said, he had nothing about him.

Q. How far did they run together?

Brown. About nine Fields, my Lord. Grace stripp'd, and we took hold of him; and the other threw down his Knife, and we took hold of him, and we brought them to the Py'd Bull-Inn, and we charg'd White the Constable with them, and took them before the Justice.

Court to the Prisoner. Grace, will you ask him any Questions?

Prisoner. I want to know, whether he can swear that I stole the Bags?

Court. He does not pretend to do it; but he said he saw you had those Things in a Leather Apron, and he took them for a Saddle.

Q. to Brown. Did he lie down upon the Dunghill upon the Things?

Brown. Yes, my Lord, both of them; we did not see them till they rose up; but the tall one rose up, and said, he would cut our Eyes out.

Court to Grace the Prisoner. Have you any Witnesses?

Grace. No body to appear for me.

William Grace and Thomas Butler , both guilty .

Thomas Butler made no Defence, but pleaded guilty at first.

[Transportation. See summary.]

140. Mary Cook , indicted for stealing on the 23d of April a Silver Watch , the Goods of Thomas Picknell .

Thomas Picknell . The Prisoner came to me to look for a Smock she had in Pawn. I laid my Watch upon the Counter. I stoop'd down to look after what she ask'd for, and when I arose again she took my Watch and went out; and the next Day I took her, and she confess'd she had pawn'd it for 20 s.

Q. Who produces the Watch now.

Picknell. William Smith the Constable.

(The Watch was produc'd in Court.)

Court. Is that your Watch?

Picknell. Yes; I know it as it has been lately mended.

Q. Who took her?

Picknell. Smith, my Lord.

Court. Prisoner, will you ask Thomas Picknell any Questions?

Prisoner. Did you not chuck me under the Chin?

Q. to the Prisoner. How came you by the Watch?

Prisoner. I had it out of his Fob, he gave it me out of his Pocket to pledge; he was to give me Half a Crown to be concerned with me.

Picknell. As I hope for Mercy I never did. I have as likely a Woman to my Wife as a Man need to have.

William Smith . I am Headborough in Whitechapel . I took the Prisoner, and she confess'd she had pawn'd the Watch in Winfield-Street .

Q. Is that the Watch?

Smith. Yes, my Lord; the Pawn-broker brought it before the Justice, and the Justice delivered it into my care.

Court to the Prisoner. Have you any Thing to say, or any Witnesses?

Prisoner. There was none but he and I in the Room; he thought his Wife was coming, and he told me I should come again for the Shift.

Q. Where was this chucking under the Chin?

Prisoner. In his own Room, it is like a Shop.

Mary Cook .

Guilty, 39 s.

[Transportation. See summary.]

141. Sarah Lar , was indicted for stealing a Moidore , a Guinea, and fifteen Shillings in Silver , the Money of John Forster , May 22 .

Q. to John Forster . What have you to alledge against the Prisoner?

Forster . Last Friday was 7-Night she pick'd me up in the Street, and pull'd me into a House, whether I would or no.

Q. What time of the Night was this?

Forster. It was about 9 o'Clock in the Morning.

Q. What Street was this in?

Forster. In Newtoner's-Lane .

Court. You seem to be a Country-man. What brought you there?

Forster. She would pull me there, whether I would or no. I was going into Bishopsgate-Street, to pay this Money.

Q. Was you acquainted with the Prisoner before?

Forster. No; but she met me in Holborn, and had me down to Newtoner's-Lane . She spoke to me first: Ah Country-man, give us a Dram.

Court. So upon that you went along with her?

Forster. Yes, Sir; she made me go, whether I would or no.

Q. Was you sober then?

Forster. I had had a Glass or two. I was not quite sober; nor I was not quite drunk neither.

Court. So you went along with her?

Forster. She made me go, whether I would or no.

Q. Where did you go with her?

Forster . By Newtoner's-Lane . I was not willing to go in, but she pull'd me in by force.

Court. So you could not help it, she haul'd you in, or did she shove you in before her?

Forster. She pull'd me in, and shoved me in to.

Court. When you got in what then?

Forster. Then she pull'd me up Stairs.

Q. When you got up Stairs, what then?

Forster. Then she pull'd up her Coats against me, and took my Money from me. There was a Thirty-six Shilling Piece, a Guinea, and fifteen Shillings in Silver.

Q. Where was all this Money.

Forster . In my Pocket, in a Purse, and the Note with it, where I was to fetch the Goods.

Q. Did she take Purse and all?

Forster. Purse, Money, Note, and all.

Q. Was there any Person with her in the Room?

Forster . There was a Woman upon the Bed; but there was no body touch'd me but this Woman.

Q. Did you lie down upon the Bed?

Forster. No, Sir; nor sit upon the Bed neither .

Q. How long was you there?

Forster. Not above half a quarter of an Hour.

Q. Did you drink nothing while you was there.

Forster. Not a Drop.

Q. Was this Room a dark Room, or had you a Candle?

Forster. It was a light Room, as light as it is here.

Q. When did you miss your Money?

Forster. As she threw her Coats up, so I miss'd my Money directly; I saw the Purse in her Hand; I followed her as last as I could, but she was too quick for me.

Court. So when she had got your Money and Purse from you, she ran down Stairs.

Forster . Yes.

Q. Did you ever see this Woman before?

Forster. Never in my Life.

Q. When did you see this Woman again?

Forster. About two Hours after.

Court. There was a Woman in the Room; did you make no Complaint to her?

Forster. I said, I am undone! my Pocket is pick'd.

Q. Was that Woman awake or asleep?

Forster . She never stirr'd; she never troubled herself with me, nor I with her.

Q. Where did you see her two or three Hours afterwards?

Forster. I described her to some People about St Giles's , and they said they see her pull me along.

Q. Where had you been in the Morning before, to get fudell'd?

Forster. I went along with the Hempsted Waggon as far as Paddington.

Q. How was it that you did not go on with it?

Forster. I am a Porter to the Waggon; I am not the Waggoner. We had been drinking at Paddington . We had a Pot or two of Beer between four of us ; and when I came to St Giles's I had a Dram of Brandy.

Q. What then?

Forster. Then, Sir, I was going to pay my Money in Bishopsgate-Street; and I lights with her, and she has me down to Newtoner's-Lane .

Q. Where did you meet with again?

Forster. At an Ale-House, the back side of St Giles's.

Court. What then?

Forster. Then I took her up, and carried her before a Justice at St Giles's.

Q. Was she search'd; had she any Money about her?

Forster. They found half a Guinea about her, and about two-pence half-penny, or thereabouts. She had the Money as sure as I stands here. There was half a Guinea in Gold found and I can't tell whether nine or ten Shillings in Silver, and some Half-pence.

Court to the Prisoner. Will you ask him any Questions?

Prisoner. I was crying old Cloaths, and he told me, he could carry me to a Place where I might buy a Coat.

Forster. There was nothing in it; she carried me to a Place where she took my Money.

Q. Do you remember she was crying old Cloaths?

Forster. No, Sir; nothing at all of it.

Court. You have mentioned she was search'd, You had a Purse, was that found?

Forster . No, Sir.

Q. to Sarah Nelson . What do you know of Matter, or have to say against the Prisoner?

Nelson. I was standing, above Nine o'Clock, at my Door, in Newtoner's-Lane , and I saw this man and Girl, coming up the Lane, on Friday was 7-Night. I wonder'd that an ancient Man should go with such a nasty common Creature; we know her very well to be a common Woman. I said, bless me what an antient Man is he to be along with that Creature. He stopp'd to make Water, and she pulled him in at the back Door.

Court. Was there any degree of Violence used; did he make any Resistance. How did the Man appear; was he in Liquor?

Nelson. He was very middling; he had a Dram, I believe; she pull'd him in at the back Door, at Mr Morris's, in Newtoner's-Lane .

Q. Does she live there?

Nelson. I believe she plies there. As for crying old Cloaths she knows nothing what belongs to it.

Court to the Prisoner. What have you to say for yourself?

Prisoner. I was crying old Cloaths in the Street; and he took me to this Publick House, under a Pretence of helping me to the buying of a Coat: When I came, the House was full of People; I says, I don't care to stay; so he he said he would call for a Dram for my Pains.

Acquitted .

142. Mary Walker . was indicted for stealing one Velvet Cap, a Frock, a pair of Stays, &c. Value 9 s. the Goods of Jonathan Saunders , May the 2d .

Jonathan Saunders . I was told I had lost my Child; upon Enquiry, the Child had been in a Woman's Hands in Monmouth-street , and was stript of it's Cloaths, and was almost naked, it's Skirt, Coat, and Frock gone, and nothing but it's Smock, tied about with a Handkerchief. I knew nothing how it happened, but they had got the Prisoner before the Justice.

Francis Flury . I saw what a Condition the Child was in, the Woman draging of it along, upon that I seized the Woman. I took the Prisoner in one Hand, and the Child in the other. The Mob interposed, and they would take the Woman, and do speedy Justice to her. I begged they would not. Then I took care to get them before the Justice; and I found the Parents of the Child lived at Knightsbridge . I had taken my Handkerchief out of my Pocket, and tied it about the Body of the Child. The Prisoner own'd she had stripp'd the Child in the Prince of Wales's Passage ; and that she had made away with some of the Cloaths. So the Justice committed her; and the Child was committed to it's Parents.

Mary Mein . The Prisoner came into my Shop, and ask'd me a Groat for the Stays; but I refused to buy them.

Q. Was she in Liquor?

Mein . Yes, really I thought she was.

Elizabeth Saunders . I am Mother to the Child. I live at Knightsbridge . My Child was gone from 9 o'Clock in the Morning to 6 at Night. The Prisoner is a Neighbour of ours, and used frequently to take a little care of the Child, which did not give me a great deal of concern; but I thought she stay'd very long. The Child was decently dress'd in the Morning; had on a Velvet Cap, Frock, &c. but came home naked. The Things were gone. The Child is two Years and a Quarter old.

Q. to the Prisoner. What have you to say in your defence?

Prisoner. I don't deny taking the Things from the Child; but I was in Liquor: I did not know what I did.

As the Aggravation of kidnapping, or stealing away the Child, was a little taken off, by the Mother's knowing of her going with the Child, this Consideration, with the favourable Representation of the Prosecutors, induc'd the Jury to bring it in 10 d. in order to save her from Transportation; accordingly she was only ordered by the Court to be whipp'd , with hopes that their Clemency may have a good effect upon her, to make her careful of her Conduct for the future.

143. John Hutchinson was indicted for stealing a Great Coat , the Property of Lord Chief Justice Lee , May the 19th .

John Chambric Vernon. I was in Serjeants-Inn Coffee-house , talking to Mr Cummins, and my Lord Chief Justice's Coach stood just by the Coffee-house Window, and I saw the Prisoner at the Bar take the Great Coat gently off the Coach-box, and do it in such a Manner, that if he had gone upwards, I should have thought he took it by the Direction of the Coachman; but I seeing of him go the other Way suspected him, we followed him, and he ran away, and we took the Coat upon him.

Mr Cummins said to the same Purpose.

Court to the Prisoner. Will you ask these two Witnesses any Questions.

Prisoner. I would ask them, whether I did not take it off the Ground? It lay in the common Passage, and I took it up.

Court. But in answer to that, both Mr. Chambrie and Cummins say they saw you take it off from the Box. Besides, as a Proof of what they have said, if it had been upon the Ground it must have very dirty, but it was very clean.

John Nokes . I was waiting for my Lord; and I was got off the Box, and in the Gateway talking to the Porter, so that I did not actually see it; but this is the great Coat that was stole, and it was clean.

The Prisoner rested much upon his Character, and the great Services he had done to his King and Country; that he had been Abroad with the Duke, and had receiv'd a Wound, &c. The Prisoner appeared to be a modest sensible Man; and the Court express'd their Concern, that such a Man from Necessity, or Temptation, should commit such an Offence; and the Jury only brought him in guilty to the Value of 10 d. in order to shew him Favour, as he appeared an Object of Compassion.

[Whipping. See summary.]

144. William Jones was indicted for stealing two Yards of Horse-hair Velure , value 15 s. one Pair of Silver Buttons, value 1 s. the Goods of William Hutchins , and one Sword, value 1 s. the Goods of James Hutchins , May the 17th .

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

Hutchins . Yes, Sir, I have known him for about twelve Months.

Q. What Business did the Boy follow?

Hutchins. He lives with his Mother. He is of no Business.

Q. What have you to say against him?

Hutchins. I had my Door broke open the 17th Day of May, on a Sunday.

Q. What Time?

Hutchins. I went out about ten o'Clock in the Morning to go to Church; and I went to Bishopsgate Church. I went afterwards to an Alehouse, and I did not go Home again till ten o'Clock at Night, then found my Door broke open.

Court. First to Church, and then to the Alehouse; what! Did you spend the whole of your Time there?

Hutchins. I went to several Places with some Country-folks.

Q. At whose House do you lodge?

Hutchins. At Hezekiah Stradling's House.

Q. What did you lose there?

Hutchins. I lost a Horse-hair Velure Waistcoat, a Pair of Silver Buttons for Shirt Sleeves, and a Sword; but that is not my own.

Q. When did you see these Things in your House?

Hutchins. I saw them on Saturday Night.

Q. What Business are you?

Hutchins. I am a Taylor.

Q. As you are a Taylor, what Business had you with a Sword?

Hutchins. The Sword I had of my Brother, I walk with the Train Bands.

Q. What is your Brother?

Hutchins. A Taylor.

Q. When did you find these Things.

Hutchins. I seiz'd him the 18th.

Q. How came you to seize him?

Hutchins. I had a Mistrust of him; he liv'd in the same House; he went out about five o'Clock in the Morning. I went out and catch'd him in a Court by Chiswell Street, and took it under his Coat. I told them I would have a Search-Warrant, and search for the other Things; the Sword at last was delivered to me by one Stradling ; and the Buttons were brought me by the Prisoner's Sister.

Q. What did he say to you when you took it from under his Coat?

Hutchins . He told me, if I would carry it home I might make it up.

Jane Walford . The Child is a very honest, good Child, and this is a spightful Taylor, that has a Garret in my House, and the Spight is to me, my Lord.

Q. Had you any Quarrel?

Walford. I have let him heat his Iron for above a Twelve-Month, and my Husband was angry at it, and ever since he has borne a Spight to me.

Q. How did your Boy come by the Horse-Hair Velure?

Walford. I don't know indeed, my Lord.

Q. Do you think that the Quarrel he has had with you and your Husband, would put him upon swearing falsely ?

Walford. I know him to be very wicked, my Lord.

Q. to Hezekiah Stradling. How has this Boy the Prisoner, behaved for two or three Years past?

Stradling. He has behaved very well, as fas as I know.

Q. What do you know of Hutchins?

Stradling. I can say nothing for him, or against him.

Acquitted .

145. Robert Tinkner was indicted for stealing twenty dozen of Glass Bottles, fill'd with Cyder, value 5 l. the Goods of Henry Lucas , May the 15th .

Q. to Henry Lucas . Do you know the Prisoner at the Bar?

Lucas. Yes, he lives in Hungerford-market.

Q. Did you lose any Goods?

Lucas. I have some Vaults in Hungerford-market . I lost, I believe, twenty Dozen of Cyder from thence, all in Bottles. I have miss'd Goods for about 10 Months.

Q. Why do you charge Tinkner with taking of them?

Lucas . I missing Goods so very often, thought that some body had a Key to my Padlock; upon which I ordered my Servant to go into the Vault; to Francis Roadly and I goes and opens the Door, and I desired him to sit in my Vaults, and if any Person came down there, with an Intent to come into my Vaults, he should secure them. He was waiting two Days, and I think on Friday was fortnight, I went down, about 6 o'Clock; the Prisoner at the Bar had open'd my Vault, and this Servant of mine push'd out, and cries out, Whose there? He shuts the Door and puts up the Bar, and pinn'd him in; and comes to me, and cries out, Master! Master! I have catch'd him. I went to see for the Constable; and he will give you an Account that he found him there. He own'd, when he was took, he had been frequently in, and took Cyder from time to time.

Court. You have not indicted him for breaking your House, but for 20 Dozen of Cyder; there is great reason to suspect him. Did you find with him any of your Bottles, or any of your Cyder?

Lucas. We found none upon him.

Q. to Francis Roadly . Do you know the Prisoner at the Bar?

Roadly. Yes, I catch'd him in the Vaults, one Saturday in May. The Prisoner at the Bar came and open'd the Street Door, about 6 o'Clock in the Morning; all the Time I was watching for them that should come into my Master's Vault; he came and open'd my Master's Door, and came in: When I heard him in, I goes and takes hold of the Door where the Prisoner at the Bar was, and I fastened him in. I heard him rattle among the Bottles, and I ask'd who was there; the Prisoner at the Bar did not answer me; so I clapp'd the Door upon him. Then I said he should stay till such times that he did answer me; so I fastened him in, and went up Stairs.

Council for the Prisoner. I think the Prisoner is Clerk to a Gentlewoman that deals in Coals, that has Vaults by your Master's Vauls. Have you not known, that he and your People have frequently drank Cyder together?

Roadly. I never saw him before that Time.

Butler. I am Constable of the Night. I went down with the Prosecutor to his Vault, where we found the Prisoner at the Bar; and he own'd he had drank about a Dozen.

But the Prisoner. upon his Trial, deny'd the Fact, that he had ever taken any away, but what he had drank, together with the Prosecutor's Servants.

Acquitted .

246. RicHARD ASHCROFT was indicted for unlawfully and feloniously, together with other Persons, to the Number of Thirty, unknown, assembling, and gathering themselves together at East-Bourne in the County of Sussex , on the 14th of September last, being armed with Fire Arms, and other offensive Weapons, in order to be aiding and assisting in the running and carrying away uncustomed Goods, and Goods liable to pay Duties, which have never been paid or secur'd .

And for unlawfully, riotously, routously and feloniously making an Assault and a Fray, upon Thomas Mortimer , Thomas Hust , Thomas Smith , Joseph Simpson , and Thomas Fletcher , being Officers of our Lord the King of the Customs, and the due Execution of the said several and respective Officers in the due seizing and securing several Parcels of uncustomed Goods, and Goods liable to pay Duties.

And for unlawfully, riotously, feloniously obstructing, opposing, and resisting the said several Officers, in the due Execution of their said several and respective Officers.

And for unlawfully, riotously, routously and feloniously assembling, and gathering together, in order to be aiding and assisting in running and carrying away uncustomed Goods, and Goods being liable to pay Duties, which have not been paid or secur'd, against the Statute.

And for unlawfully, forceably and feloniously hindering, obstructing, assaulting and resisting, the said several Officers of his Majesty's Customs, in the due Execution of their said several and respective Officers, in the due seizing and securing several Parcels of uncustomed Goods, and Goods liable to pay Duties, which have not been paid or secur'd, against the Statute.

Attorney General. May it please your Lordship , and you Gentlemen of the Jury, the Prisoner at the Bar, stands indicted for a Crime of a very high Nature, considered in itself, and made particularly Felony by a late Act of Parliament, for the Preservation of the Constitution, and the general Peace of the Kingdom. He stands indicted, Gentlemen, upon an Act made the 19th of his present Majesty, the last Session of Parliament; and it was made, Gentlemen, in order to prevent a Practice which has been growing upon the Publick, Persons being concerned in the Running of Goods not only confining themselves to that Practice, which you must easily see is a Practice very prejudicial to the Publick, but their going arm'd in great Numbers, to the Terror of many of the Inhabitants of the Country.

And, Gentlemen, to put a Stop to that Practice, the Legislature thought it proper to make the Law I am now to state to you. It recites, That divers, dissolute Persons that have associated themselves, have entered into Confederacy to support one another; that they have appear'd in great Gangs in several Parts of the Kingdom, and when so assembled, have been aiding and assisting in carrying off uncustomed Goods, Goods liable to pay Duties, to the great Discouragement of the fair Trader, and the great Loss of the Revenue; their rescuing Goods after Seisure; in obstructing the Officers of the Crown; and have either wounded, maimed, and some killed in the Execution of their Offices. Gentlemen, after this recital, the Law then comes to Enact, That if any Persons to the Number of three or more, arm'd with Fire Arms, shall (after the 17th of July, 1746.) attempt the carrying away, or landing uncustomed Goods, or any Goods whatsoever, that have been exported, &c. or obstructing Officers forceably in the Execution of their Office, Persons guilty of this Offence, I am stating to you, are made guilty without Benefit of Clergy. The Case of the Prisoner stands thus, upon the 14th of September last one Thomas Mortimer , and several other Persons, who are riding Officers of the Customs, and are station'd at East-Bourne one Purpose to prevent these pernicious Practices, these Officers were at a Place called Southland, where they came to intercept a Gang of Smugglers; accordingly, about three o'Clock in the Afternoon, on the 14th of September thirty or forty of these Smugglers, several of whom were arm'd with Fire Arms, with about fifty or sixty Horses, presented themselves to the Officers of the Customs. The Officers ask'd them, what their Horses were loaded with? They told them, by virtue of their Office, they were bound to examine them. These Persons made use of a great many Oaths to terrify the Officers of the Customs; they presented their Fire-Arms, and swore, they would blow their Brains out if they attempted to seize their Goods; but notwithstanding this the Officers were not intimidated, but determined to secure the Brandy and Tea; accordingly they rode up and cut off several half Anchors of Brandy, and several Bags of Tea; upon that the Smugglers presented their Pieces, swore they would shoot them, drove away their Horses, by which the Officers were render'd incapable of seizing the whole.

Gentlemen, the Prisoner at the Bar was one of this Gang, and he had loaded upon the Horse, on which he rode, four half Anchors of Brandy, Joseph Simpson , one of the Officers of the Customs, endeavoured to seize that Brandy that was upon the Prisoner's Horse, but was prevented from doing of it by the Prisoner, who slipp'd the Bridle or Halter off the Horse's Head and drove the Horse away. When Joseph Simpson pull'd him off his Horse, he swore, if he could get one of the Company's Pieces, he would shoot him through the Head; he hollow'd after the rest of the Company to come to his Assistance; but they were too careful of their Goods to come back. One Mr Thomas Fletcher , he likewise saw the whole Transaction, and particularly what pass'd with the Prisoner at the Bar. The other Officer were likewise concerned in the same Matter, and they will give you an Account of the Transaction I have mention'd. - The Prisoner at this Time got away, but was afterwards seiz'd and carried before two of his Majesty's Justices of the Peace; and upon hearing what was alledged against him, he was committed to Prison, and now stands indicted before you. There are three Parts of the Charge, any one of them is sufficient to find him guilty if prov'd.

These are the Facts I have stated to you. Gentlemen, we shall be able to lay before you Evidence that it is impossible to doubt about; we shall bring five of the Officers of the Customs, two of whom shall be able to speak particularly to the Man himself. And, Gentlemen, supposing it is proved to you, that this Man was arm'd with two others arm'd, and carrying off Goods, is sufficient to bring it within the Intention of this Act of Parliament, which is the Third, the Fact of rescuing the Goods.

Gentlemen, under these Circumstances this Prisoner is brought before you; and it is of very great Consequence to the Publick, if he is guilty he should be found so. All the World have complain'd of the unhappy Condition of two or three Counties in England, where the Practice of Smuggling is grown to that great Heighth, that the Inhabitants know not how to lie safe in their Beds for fear of them. Gentlemen, as the Legislature thought it necessary to make this Act of Parliament, to prevent so pernicious a Practice to the common Peace of the Kingdom, if it is proved, I don't doubt but you will find him guilty of the Fact he is charg'd with.

Q. to Joseph Simpson . Do you know the Prisoner at the Bar.

Simpson. Yes, Sir, I saw him the 14th of September last with a Gang of Smugglers.

Solicitor General. How many might there be?

Simpson. Thirty and upwards.

Sol. Gen. Give an Account how they were going, and what they were carrying?

Simpson. They were carrying Brandy and Tea upon Horses Backs, slung with Cords.

Sol. Gen. How were they prepar'd for Defence?

Simpson. There were three that had Arms, and presented their Arms several times; one was a Blunderbuss, and the other two Guns, and they had Whips and Sticks.

Sol. Gen. Give an Account what they did to you; where was this?

Simpson. In South-lane we went to attack them, there were four other Officers, viz. Thomas Mortimer , Thomas Hust , Thomas Smith , and Thomas Fletcher , who are all Officers of the Customs.

Sol. Gen. Were they under any Command?

Simpson. They drew themselves up together, and their led Horses were in the middle.

Sol. Gen. So you went up and demanded the Goods of them?

Simpson. Yes, because they were running of it, and we thought it our Duty to seize it; they swore we should not have any of it.

Sol. Gen. What followed upon that?

Simpson. They threaten'd to fire, and their three Pieces were presented to us several times.

Sol. Gen. Was any discharg'd?

Simpson. No, none discharg'd.

Sol. Gen. Give an Account what concern this Man had in them?

Simpson. I pull'd this Man off his Horse.

Sol. Gen. What had he upon his Horse?

Simpson. Four half Anchors.

Sol. Gen. Did he resist you?

Simpson. He swore he would shoot me as soon as I pulled him off; he then pull'd the Bridle or Halter off the Horse's Head, and the Horse ran away.

Sol. Gen. Did you hold him?

Simpson. No, he got off.

Sol. Gen. Did you seize any of the Goods?

Simpson. Yes, thirty Half Anchors of Brandy, and half a Bag of Tea.

Sol. Gen. Can you be sure it is the same Man; did you ever see him before?

Simpson. I have seen him a great many Times.

Court. What Business did he follow?

Simpson. He used to be a Day-labouring Man till he took to the Trade of Smuggling.

Sol. Gen. Was the Prisoner one of those that were drawn up in the Manner you describ'd but just now?

Simpson. He was among them.

Q. by the Council for the Prisoner. Had the Prisoner any Arms?

Simpson. I did not see any Thing.

Council. Have you known him a good many Years. I'll venture to ask you, what has been his general Character?

Simpson. A very bad one of late; he had the Character that he use to smuggle, but I never saw him with any Goods.

The Prisoner to the Witness. Did not you declare before the Justice of Peace, that I had not any Fire-Arms, or nothing to molest them?

Simpson. He had no Fire-Arms as I know of; but he swore he would shoot me, if he could get one of the Pieces that the Company had, and he hollowed for the Company.

Sol. Gen. How came you to let him get away?

Simpson. He went away on Foot, we went after the Gang.

Sol. Gen. Did you get all, the Brandy and Tea?

Simpson. We did not get near all, they carried it off.

Sol. Gen. Did he go off with the Gang?

Simpson. I can't say that.

Q. to Thomas Fletcher . What is your Business?

Fletcher. I am a Riding Officer in East Dean.

Sol. Gen. How long have you known the Prisoner?

Fletcher. I have known him seven Years.

Court. Give an Account of what you know in relation to the Prisoner?

Fletcher. We met a Company of about 30, when they saw us come up, they drew up in a Body; we went up and ask'd them for their Goods, and said we were Custom-House Officers; they said we should have nothing; we said we would have all, and I saw Simpson pull the Prisoner off his Horse.

Sol. Gen. Did you take away any Tea and Brandy?

Fletcher. We seized 30 Half Anchors of Brandy, and one Bag of Tea; we cut them off from the Horses.

Sol. Gen. When you ask'd for these Goods what Answer did they make?

Fletcher. They swore we should not have any of them, they call'd for the Persons to come up with Fire-Arms, and they presented their Fire-Arms at us five, and we told them that they might fire if they would; with that we rode up to them directly, and cut it off their Horses, and some went one way and some another; some they carried off, and some the Country carried off.

Sol. Gen. Did you not see the Prisoner at the Bar among them? Give an Account whether you saw any Struggle between the Prisoner and Mr Simpson.

Fletcher. I saw Simpson pull the Prisoner off the Horse.

Sol. Gen. What then?

Fletcher. Then he ran away to the other Side of the Horse; and I heard him say, if he could get one of the Pieces, he would shoot him.

Sol. Gen. Did he call out to the Company?

Fletcher. Yes, at first he did.

Sol. Gen. Did you observe whether he pull'd the Bridle off the Horse?

Fletcher. I did not see him.

Sol. Gen. When this Fray was over between Simpson and him, what became of the Company?

Fletcher. We pursu'd them about half a Mile, and we then carried of what we could.

Council for the Prisoner. I am instructed to ask this Question, What is the Man's general Character?

Fletcher. I can't say a great deal of his Character, he has not the Character for stealing any Thing, but he has been of late a little troublesome.

Sol. Gen. Is it his general Character that of being a Smuggler?

Fletcher. Yes, he has the Character for it.

Q. to Thomas Mortimer . What are you

Mortimer. I am a Riding-Officer at East-Bourne. On the 14th of September last, I saw a great Company of People in the South-lane.

Sol. Gen. who was with you?

Mortimer. Mr Smith, Mr Hust , Mr Fletcher, and Mr Simpson.

Sol. Gen. What had they with them?

Mortimer. Brandy and Tea, loaded upon Horses. When we came up to them they drew up in a Body together, and we ask'd them what they had, we said we would have it all; then they presented their Fire-Arms, two or three long Pieces, one was a brass Piece; they presented these Pieces, and swore we should have none of the Goods; we cut the Goods from the Horses, we cut thirty Half Anchors, we believe there were 150 in the whole. One of them, when I came up first, struck me across the Head.

Q. Did any other strike you?

Mortimer. No, I don't know the Prisoner.

Court to the Prisoner. What have you to say in your Defence?

Prisoner. Please ye, my Lord, as I was going along the Road I met these People accidently, but what Mr Simpson says of my saying I would fire at him, is intirely false. I have a Wife and eight Children, and had it not been in the Day-time, I should have had no Business there , and I had no Arms nor nothing for defence; I had nothing in my Hand to obstruct the Officers or defend myself, and I never followed the Affair. Please ye, my Lord, I could have had thirty People to my Character, but I have not wherewith to do it, for I have nothing to support myself. Mr Simpson has known me some Years .

Council for the Prisoner, to James Ashcroft . What Relation are you to the Prisoner?

Ashcroft . He is my own Father.

Council. What Business does your Father follow?

Ashcroft . He never follows any other Business than fishing and working under my Lord Duke; he works under my Lord Duke a-fishing, under the Duke of Newcastle, he has work'd under him a great many Years. I never knew him guilty of Smuggling.

Council. Is he a Man in good Circumstances?

Ashcroft . He is in no Circumstances to bear the Expence of Witnesses coming to Town.

Court. Prisoner have you any Thing else to say?

Prisoner. I can say nothing for myself, but that I happen'd to be there accidently; and I could have had many to have appeared for me, could I have borne the Expence of it.

Guilty , Death .

When Sentence of Death was pass'd upon the Prisoner, he pleaded hard for Mercy, as he had a poor, sick Wife at home, and eight Children; but he was answer'd, that there was no Relief to be had from that Court; but that he must apply to the King, the Fountain of Mercy, the only one from whom he must expect Favour.

247. Ann Griffith was indicted for stealing (on the 29th of May) three Steel Trusses , the Goods and Chattels of James Septon .

James Septon . The three Steel Trusses were hanging on the Hook on Friday, and on Saturday they were gone; and the Prisoner confessed before the Justice she had sold them.

Prisoner. I did not steal them; he is a lying, sorry; old Puppy, for his Wife has stole several Things from me.

Septon. I am ignorant of that.

Prisoner. I had two more Witnesses to prove the Fact, but I am not able to summons them.

Acquitted .

248. John Perkins was indicted for stealing a Scarlet Cloak, valued 6 d. the Goods of Mary Hurst .

The Prosecutrix not appearing acquitted .

249. William Wilder was indicted for stealing two Silver Tankards, value 15 l. the Goods of George Willings , May the 27th .

Q. to William Willings . What have you lost? Willings. Two Silver Tankards.

Q. Did you ever see them in the Custody of the Prisoner?

Willings. No, my Lord, I have nothing to say against him; but only Butler , an Evidence, sent for me to Marybone, and told me of my Things being stolen such a Time.

This Butler was try'd and cast this Sessions; See the first Part, Trial 138, 139.

Court. You never saw them again?

Willings. No.

Acquitted .

250. Rachael Sice was indicted for stealing nine Pound weight of Linnen Yarn, value 10 s. the Goods of William Mackenzie , May the 22d.

William Mackenzie . This Woman, my Lord, work'd for me, and I have reason to think from her own Confession, she was wronged me, for she carried out some Goods, and they were stopp'd.

Edward Barlow . The Prisoner at the Bar came to my House on Friday, the 22nd of May, and she brought me this Yarn, and ask'd me if I would buy it, I ask'd her what she would have for it, she said 18 d. I said, Woman I am afraid you did not come-by this Yarn honestly; so I stopp'd the Yarn, and said, if you can bring any body to your Reputation, and prove you came honestly by it, you shall have it again, or I will buy it of you. She went away, and came no more. I said to my Man, may be your Cousin may have lost this Yarn; so being ask'd, he said he had lost none; but he said there is a Man in Spitalfields who throws such Yarn, Mr Mackenzie; so Mr Mackenzie told him, to look over all his People, which he did, but did not see her at that Time; he went again on Tuesday, and saw her at work.

Q. to Peter Janno . Do you know the Prisoner?

Janno. Yes, Sir, by her coming to Mr Barlow's.

Q. What is your Shop?

Janno . A Reed Maker, a Branch of the Weaving Business.

Q. Did she ever bring any Yarn?

Janno. On the 22d of May she came with a Parcel that is stopp'd, I went to a Relation's that dealt pretty largely in that Yarn, he told me, he had not lost any, but told me that Mr Mackenzie, dealt pretty largely in it; so Mr Mackenzie said I should go to see his Workwomen. I describ'd the Person, and the Person that I describ'd was wanting; then he sent for her to come to work; when she came, I said this was she.

William Owen . I heard the Prisoner confess the taking the Yarn out of Mr Mackenzie's House, but begg'd he would be favourable to her, for it was the first Fact.

Acquitted .

251. Eleanor South was indicted for stealing four Handkerchiefs, and two Aprons, &c. the Goods of Catharine Whitehead . The Prosecutrix not appearing, the Prisoner was acquitted .

The Prisoner was well known in Court, by being an Evidence against the famous Pickpocket, Pigeon, now under Sentence of Death in Newgate .

252. + Samuel Hurlock was indicted for Willful Murder, and the Indictment sets forth, That he, not having the Fear of God before his Eyes, and being moved by the Instigation of the Devil, on the 11th Day of May , in and upon John Pitts , did feloniously make an Assault, and he said Samuel Hurlock , with a certain Instrument, called a Bayonet, in the Left Breast, between the 2d and 3d Ribs, did give one mortal Wound, the Breadth of one Inch, and the Depth of four Inches . He stands likewise indicted for the same Murder by the Coroner's Inquest.

Q. to William Johnson . Do you know Samuel Hurlock , the Prisoner at the Bar.

Johnson. Yes, Sir.

Court. Will you give an Account to the Jury how John Pitts came by his End, did you know John Pitts , the Deceased?

Johnson. Yes, Sir.

Court. Give an Account of what you know how he came by his Death.

Johnson. In the first Place I heard John Pitts cry out Murder.

Q. Where was this?

Johnson. In Bed, at my Master's.

Q. Where does your Master live?

Johnson. In Sugar Loaf Court in Goodman's Yard .

Q. What is your Master's Name?

Johnson. My Master's Name is Jones. I am an Apprentice to him.

Q. Did the Prisoner at the Bar lodge there?

Johnson. Yes.

Q. Was the Prisoner at the Bar Journeyman to your Master?

Johnson. Yes, Sir.

Q. Did you lodge in the same Room with Pitts the Deceased, and the Prisoner?

Johnson. I lay in the same Room, but at the Stair's-head, it was near to them.

Court. Now give an Account of what you know concerning the Death of this Pitts?

Johnson. I heard Pitts cry out.

Q. When was this?

Johnson. Between Two and Three o'Clock on Monday Morning the 11th of May.

Court. After Pitts cry'd out Murder what then?

Johnson. After the Deceased cry'd out Murder, I said what is the Matter; then the Prisoner came to me, but he did not speak a Word, but stabb'd me in the Head with a Dutch Bayonet several times; then he went back again to the old Man, and I went down to my Master.

Court. And what then?

Johnson. Then my Master came up.

Q. Did you see the Prisoner do any thing to the Deceased?

Johnson. As I came along the Room I saw the old Man, the Deceased, lay upon the Ground, without a Shirt or Stocking on, and I saw the Prisoner at the Bar stabbing of him, but I could not see what it was with.

Q. Did the Deceased cry out?

Johnson. Yes, he cry'd out Murder.

Q. Did the Deceased say any thing when you cross'd the room?

Johnson. He said, dear Sam. What are you doing of? Then I went down for my Master, and he came up.

Court to the Prisoner. Would you ask this Witness any Questions?

Prisoner. Did you hear me let him in?

Johnson. That I can't tell , for I was asleep.

Q. Did you see me stabbing him?

Johnson. Yes, I did, with one Leg out of the Bed.

Q. to John Jones . Give an Account of what you know of this Matter.

Jones. I heard a Noise in the House, and in a short time after the Boy came down Stairs and cry'd Murder; and said, Master, I am murdered. My Wife let him in; and when he came into the Room his Face look'd as if it had been in a Blood Tub. I did not much mind it when he knock'd at the Door; I thought he had been saucy and they had given him a knock. My Wife says to me, Why don't you get up, Sam. is murdering the old Man? So I went up Stairs; as soon as I got in at the Door, (he stood with this thing in his Hand) I said, Sam What do you mean by it? I had no sooner said the Word, but he stabb'd me directly.

(The Witness show'd the Wound to the Court, and produc'd the Instrument with which the Murder was committed.)

When he stabb'd me in the Belly then I went to seize him, to see what he had got. I thought I had receiv'd a knock. I did not think of a Stab at first: Then I clos'd with him. I saw that he overpower'd me, and I call'd to my Wife and Daughter; and the Girl brought a Candle in her Hand, and the Prisoner attempted to blow the Candle out; and the other lay upon the Floor all the time kill'd.

Q. Did you hear the Deceas'd say any thing?

Jones. He said, he will murder you, as he has done me.

Q. What time was this that you went up?

Jones . I can't say directly the time, it might be about two o'Clock. I went up without a Candle , but the Girl brought up a Candle.

Court. You say you observ'd him standing.

Jones. I saw him standing, and I thought to struggle with him, but when I went to struggle with him he cut my two Fingers, but I did not part from him till I got this Thing from him. When we had got the Mastery of him, then the Boy went down Stairs, and let the Neighbours in; then he dress'd himself; we were all naked, he , my Wife, and I and the Boy, we had nothing on but our Shirts. The old Man that is dead had never a Shirt on.

Q. Do you know any Thing farther?

Jones. We took the Prisoner up; he was carried to the Cage, from the Cage to the Justice's. I believe what we have said here was said before the Justice.

Court. You did not examine the Deceased ?

Jones. I went to the Infirmary after he was there.

Q. How long did he live after this?

Jones. It might be two or three Hours; I can't say, it might be more or less.

Q. Did you observe any Wounds upon him?

Jones. Yes, Sir, I saw something stick out of his Belly.

Q. Did you see Blood?

Jones. I saw a great deal of Blood upon the Floor; I'll engage a Quart or two; at least there was that, for it soak'd quite through the Cieling. I saw a great many Wounds on a great many Parts of his Body.

Court to the Prisoner. Would you ask this Witness any Questions.

Prisoner. You did not see him?

Jones. No, I did not see you do any thing to him at all; but I felt you hit me; did you not hit me?

Prisoner. I don't know that.

Q. to Joseph Richardson . What do you know of this Matter?

Richardson. About ten or eleven o'Clock, as I lie next to Hurlock's Room, in another House, I heard a Noise.

Q. What Sort of a Noise?

Richardson. I heard a Groaning, then I heard Pitts, the Deceased, cry out Murder. Then said he, Sam. has knock'd me down again. Sam. said he, What have I done to you, that you use me so? A little while after I hears Mr Jones up in the Shop, I heard him say, he has got a Sword or Dagger in his Hand; he cry'd out Murder, to the best of my Knowledge. I went down Stairs and knock'd at the Door, and Johnson the Apprentice came to the Door all bloody. I took the Candle and went up Stairs. I saw the Deceased lie in the Middle of the Room, naked, all bloody, and great Quantities of Blood. The Prisoner never spoke; but the first Word I said, See what you have done? You have killed the Man, his Guts come out - He lay on the Floor all over bloody; he had no other Colour , - the Prisoner had nothing on but his Shirt and Cap.

Q. to Thomas Sheilds . What Business are you? Sheilds . An Apothecary .

Q. Did you see the Deceased ? Give an Account what you observed that might be the Occasion of his Death?

Sheilds. Between three and four o'Clock on Monday Morning, the 11th of May, the Deceased was brought to the London Infirmary . I found the Deceased in the Agonies of Death . I examin'd several Wounds he had about him; some in his Breast ; some in his Belly; to the Number of thirteen . He had bled a great Quantity of Blood, as I was informed.

Q. What kind of Wounds were they?

Sheilds . I have seen the Bayonet , and I am ready to think they were made with that . I ordered him to-bed , and a Servant to attend him; and order'd them to give an Attention, if they could hear if he should speak, but he could not speak.

Court. Will you tell us, whether any of those Wounds were of such a Nature, that you think might be the Cause of his Death?

Sheilds . I examin'd the Body, and found four Wounds in the Breast, one of which had enter'd the Heart, another the left Lobe of the Lungs, another had entered the Liver an Inch and a half, another Wound had enter'd the Liver four Inches deep; each of which Wounds would have been mortal, and I apprehend, they were the immediate Cause of his Death.

Court to the Prisoner . Will you ask this Witness any Question ? What have you to say for yourself? What Defence do you make ?

Prisoner. I let the Deceased in about twelve o'Clock on Sunday Night; after letting him in I went to bed again and he too, and I went to sleep, and some how or other he got himself atop of me about two o'Clock. I awak'd in a Surprize, and I said, Mr Pitts, What are you about to do? Says he, you d - d Dog, I'll murder you. Will you, says I; He gets out of the Bed, and I got out of the Bed, and took that Bayonet, and stood in my own Defence.

Q. And pray, what had the Deaceased in his Hand ?

Prisoner. I don't know of any thing he had , I did not see any thing.

Q. Have you any thing farther to say in your Defence? Or have you any Witnesses to call ?

Prisoner. No, my Lord, there can be no Witnesses, because there was no body with us.

Guilty . Death .

253. Thomas Gordon was indicted for stealing one Silver Cup, value 4 l. the Goods of Catharine Barker , Widow , May 1 .

Q. to Catherins Barker . What have you to say against the Prisoner?

Barker. He stole the things out of my House .

Q. What things ?

Barker. A Silver Cup, one Holland Apron, and one Silk Handkerchief.

Q. When was this?

Barker. The first Day of May.

Q. What makes you say he took the Cup?

Barker. He confess'd it; he carried it to this Gentleman's, his Name is Watson, there he pawn'd it; it is a good way from our House, and I went to the House and found it.

Q. Is that your Cup?

(The Cup produc'd in Court.)

Barker. This is my Cup indeed, I bought it .

Q. to Joseph Watson . What do you know of this Matter?

Watson . On the 2d of May the Prisoner pledg'd a Mug to me for five and fifty Shillings.

Q. How came you to lend any Money upon a Silver Cup to such a Boy.

Watson. This Boy us'd to be sent by a Gentleman to pledge things, and I thought it belong'd to him.

Q. Is there any Coat of Arms upon it.

Watson. No , my Lord.

Court to the Prisoner . What have you to say for yourself .

Prisoner. A young Man that lodg'd in the House bid me to pledge it for him.

Q. Where is that young Man?

Prisoner. Not taken .

Guilty to the Value of 39 s.

[Transportation. See summary.]

254. Eliz. Rickaby was indicted for stealing one Glass, value 2 s. and one Pillow, value 1 s. the Goods of Richard Donnelly , May the 16th . The Prosecutor not appearing the Prisoner was acquitted .

255. Mary Beasly was indicted for stealing one Shirt , the Property of Thomas Hays .

Thomas Hays , I put my Shirt out to Rebecca Cook to wash ; I had the Shirt again, though it was pawn'd .

Rebecca Cook . I take in Linen to wash, and work at the Paper Warehouse. I had this Shirt to wash ; this of Mr Hays, and another . The Prisoner first pawn'd it, and then sold it outright. As I work'd with her at the Paper-Warehouse on Ludgate-hill ; as she was my fellow-work-woman, I said, if she would fetch it out of Pawn , or allow me a Crown for it, I would not prosecute her.

John Price . She own'd to me, that she took that ruffled Shirt on Friday Night, but there were three or four of them in Company, all scolding about. I did not think any thing of thieving only the pawning the Shirt.

Acquitted .

256. Lydia Taylor was indicted for stealing five Linen Sheets , value 5 s. the Goods of Richard Akerman .

Q. to Eliz. Akerman. What have you say against the Prisoner.

Akerman. My Lord, she liv'd with me as a Servant two Years and a half, and I lost a great many things; but I could not know who to charge it upon: About a Fortnight ago I had some Intelligence , and found five Sheets at the Pawn-broker's.

Q. Who was the Pawn-broker ?

Akerman. Tho Harrison .

Tho Harrison . On the 2d of May last the Prisoner brought me as many Goods to pledge which came to 10 l. 5 s. Moreover , she brought another Person with her, that I have known for several Years .

Q. Who is he?

Harrison . He is a Watch-maker, his Name is Dix ; had it not been for him I should not have taken the things in, there was a very good Silk Gown , new Pink colour'd Damask Shoes, a Quilt of a Bed , &c.

The Prisoner had nothing to say for herself.

Guilty to the Value of 10 d.

[Whipping. See summary.]

257. John Collins was indicted for stealing (on the 29th of April ) one Cloth Coat, value 7 s. 6 d. the Property of Robert Hogg .

Q. to Robert Hogg . Did you lose a Coat at any time, and when?

Hogg. On the 29th of April, about nine o'Clock in the Morning: I lost this Coat, that was laid a-cross the Bannisters.

Q. Where do you live?

Hogg. I live in Red Lion-street, Holborn ; and at Night, my Lord, I advertised it.

Q. What Coat was it?

Hogg. A blue Grey Cloth Coat. My Wife told me, that one Mr Arthur Hording on Saffron-hill came with the Coat upon his Back, and a couple of People along with him, and told her, that he knew the Man that sold the Coat ; that he was but of an indifferent Character, and that he was a Smuggler , and that he would call again on Saturday Morning .

Court. When he came again did he tell you what the Man's Name was ?

Hogg. He told me his Name was Collins; that he had some Beer at his House; or whether. he lent him any Money; he said that he stay'd within the most Part of the Day, and was out Mornings and Nights .

Q. Did you get your Coat again ?

Hogg. 'Tis in the Constable's Hands .

Q. Is that the Coat you have lost?

Hogg . This is my Coat.

Q. to John Clee . How came you by that Coat?

Clee. I am Constable in St John's Street, and I was sent for in order to take this Person up for stealing of this Coat; I went before Justice Poulson, and he ordered that I should have this Coat in my Custody.

Q. Who did you see there?

Clee, I saw Harding and the Prosecutor there.

Q. to Arthur Harding . Give an Account of that Coat you deliver'd before the Justice.

Harding. The Day that my Wife bought this Coat I was out. I read the Advertisement, and carried the Coat upon my Back, and went and demanded the Money that my Wife paid for it.

Eliz. Harding. The Prisoner came to my House, (I keep a publick House) it was the 3d of May, as near as I can guess, the Prisoner came in and call'd for a Pint of Beer and smoak'd a Pipe; so he ask'd me, if I would buy a Coat for my Husband, for he had an extraordinary Bargain . I said his Coat would not come upon one of my Husband's Arms.

Q. What did you give for it?

Harding. Sixteen Shillings.

Q. Did you ask him how he came by it?

Harding. He said he traffick'd in Brandy, and the Coat was pawn'd for 7 s. that he had bought it of a Gentleman in the Fleet, a Portuguese Gentleman . I gave him 16 s. all but 4 d. for it.

Court to the Prisoner. Have you any Witnesses that saw you buy the Coat .

Prisoner. I did not know my Trial would come on. I have dealt with this Mr Harding, have sold him Liquors, and gave him Permits with them. I had the Coat in lieu of some Brandy at the Fleet.

Guilty .

[Transportation. See summary.]

258. Jane Stabock was indicted for stealing three Guineas and ten Shillings in Money, and eight Pounds weight of Pickle Pork , the Goods of John Alcock , August the 29th .

Council. I am of Council for the Prosecution, and the Indictment charges her with stealing th ree Guineas, and ten Shillings in Money, and eight Pounds weight of Pork. Gentlemen, The Cafe I have to lay before you is as wicked a one as ever appeared. It is not only a Crime Committed by herself , but 'tis seducing a Youth of about thirteen Years of Age to be a confederate with her in robbing of her Master. The Case as I am instructed is this; She was hired to live with the Prosecutor Mr Alcock; she continued there but a little white; and there was a Boy, one Richard Wood , about thirteen Years of Age, employed by Mr Alcock to look after his Shop; this Maid inveigles this Boy by a Way, which I rather chose should come out by the Witnesses; she decoys him, and robs him first of his Innocence, then led him on from one Crime to another. She prevails with the Boy to take out Money out of his Master's Till at several Times. The Boy was at last detected. And then comes still a greater Crime, she desir'd the Boy to suppress the Truth, and to charge his own Sister of that Crime she was not only guilty, but guilty of inducing him to commit it. We shall likewise prove his desiring to charge his own Sister with the Crime.

John Alcock . The Prisoner lived with me a Year and an half; she was discharged my Service the 31st Day of August last.

Q. What is your Business?

Alcock. I am a Silversmith at Cripplegate, and have lived there nine and twenty Years.

Q. Have you a Servant named Richard Wood ?

Alcock. Yes, Sir.

Q. Do you know of the Prisoner at the Bar taking any thing of your's, and what?

Alcock. I have lost Money several Times; sometimes a Guinea, and sometimes half a Guinea, and other Pieces of Money. I examin'd how this could Possibly be. I never thought or the Boy not the Maid.

Q. Whom did you examine first.

Alcock. There was a Gentleman in the Neighbourhood came to me, and says, Who does this Boy belong to? He lays out a great debt of Money in the Neighbourhood; what do give him a Week? I says, the common Custom is Half-a-Crown a Week; immediately upon this I examined him, and upon searching of him, I found in a Button-hole of his Waistcoat this 18 s. Piece, I have in my Hand; upon that he confess'd the whole Affair; he confess'd he had from Time to Time taken a Guinea out of my Till, &c. Sir, says he, I'll tell you the whole Affair, she broke the Lock before my Face, and there happen'd to be no Money, says she this won't do at this Time. So they go a second time, and he breaks open the Lock, after he had been tutor'd so to do; when she came to him this second Time, Now says she, Dick, try what you can do; the Boy tries, and he opens it , and there happen'd to be Money; Now , says she, take it out and give it me, which he did, and had done it sundry Times; she sometimes gave him 3 or 4 s. out if it, and bid him be a good Boy.

Court. Then all you know of your own Knowledge is, that you lost Money at several Times out of your Till; do you know any Things of your own Knowledge against the Prisoner at the Bar, touching particular Pieces of Pork?

Alcock. She took some Pieces of Pork, and carried them to one Mrs Thomson, by Battle-Bridge, the other side of the Water; I heard her acknowledge it before a Person that shall inform the Court of it.

Q. Did you hear the Prisoner at the Bar own she had took this Pork, or the Boy?

Alcock . When I went to her, Oh, says she, if I had not acknowledge the Pork, as for the Money you could have done nothing.

Q. to Richard Wood . How old are you?

Wood. I shall be 13 next July.

Q. Do you know what it is to taken an Oath, what is the Punishment in case you forswear yourself ?

Wood . If I take a false Oath I shall spoil the Character of another, and go to Hell myself.

Q. Did you live with Mr Alcock ?

Wood. Yes, Sir, almost two Years.

Q. Do you know the Prisoner at the Bar, Jane Stabock ?

Wood. Yes.

Q. Was she Servant at the same Time?

Wood. Yes, Sir.

Q. Where did you lie a-Nights?

Wood. In the Shop.

Q. Did she ever come down to you?

Wood. Yes, she used to come down to me, and buss me, and play with me, and shew me how to open the Till.

Q. Had she any Thing in her Hand at that Time to open it?

Wood. Yes, Sir, a Piece of Steel, and she open'd it before my Eyes.

Q. Do you remember the Day of the Month?

Wood. It was about a Month before she went away.

Q. Was there any Money at that Time?

Wood. There was no Money at that Time.

Q. Did she come down at another Time?

Wood. Yes, in the Morning betimes.

Q. What did she say to you?

Wood. She bid me try what I could do, to open the Till.

Q. Did you get up?

Wood. Yes, Sir, and I opened the Till with a bit of Steel, that was in a Drawer in the Shop, and took a Guinea in Gold, and some Silver.

Q. What did you do with that Money?

Wood. I gave it into her Hands, and she gave me about a couple of Shillings; and she gave me my Victuals that Day.

Q. Did she come down at any other Time?

Wood. Yes, Sir.

Q. Did you attempt to open the Till at any other Time?

Wood. No, Sir, not when she was with me.

Q. What became of the Piece of Gold?

Wood. My Master found it about me, in my Cloaths.

Q. How came you to have an 18 s. Piece?

Wood. It was out of the 36 s. Piece that was changed, which I took out of the Till.

Council. The first Time you say there was nothing found in the Till?

Wood. No, Sir.

Council. The next Time you open'd the Till?

Wood. The next Time I open'd the Till, and I found Silver and Gold, there was an 18 s. Piece, or a Guinea.

Q. Did you or she open the Till at any other Time?

Wood . Not she and I together, but I have open'd it by myself, and have carried it to her, and she has given me something out of it.

Q. What did you do with it?

Wood. I used to carry it to her after she had lived at another Place; I used to carry it to her, and she used to give me 3 or 4 s. and my Victuals in the Park.

Q. How many Times may you have carried Money to her in this Manner?

Wood. Several Times.

Q. How much Money may you have carried to her in the whole?

Wood. About 15 l.

Q. When was it you was charged with doing those Crimes?

Wood . When I took the 36 s. Piece, then I changed it, and gave her 10 s.

Q. What did you do with the Remainder of the Money ?

Wood. I had that about me in my Waistcoat , my Master had that, and 10 s. I gave her, and the rest I spent . It was Master's little Girl that found the 18 s. Piece upon me; she saw a little of it stick out of the Button-hole of my Waistcoat .

Q. Had your Master examined you before?

Wood . Yes, but he found but four Pence halfpenny about me; he did not think of any thing being in the Button-hole of my Waistcoat.

Court. Upon it's being found upon you, what did you say?

Wood. I gave it to my Master. I was just about being sent out of an Errand, when I returned I told them all; I told them how it was my Sister that persuaded me; the Maid told me whenever I was catch'd, I should say it was my Sister , and never say it was her, and I did say so .

Q. Was your Sister ever concern'd in this Affair?

Wood. No, Sir.

Q. Where does this Sister live?

Wood. She lives in Ratcliff-Highway .

Q. Was your Sister ever at your Master's House ?

Wood . Never.

Q. And what was done to your Sister ?

Wood. My Master put her into the Poultrey-Compter ; then I told it was this Maid.

Q. How long after did you tell it was the Maid?

Wood. About two Days afterward .

Council for the Defendant to the Witness Wood , I think the first Time the Maid open'd the Till, there was nothing; the second Time that you open'd it, there was something?

Wood. Yes, the first Time she was present with me.

Q. Was she ever present when you open'd the Till afterwards ?

Wood. No.

Council. What sort of Coin did you find at several Times afterwards ?

Wood. Sometimes a Guinea, and sometimes Shillings.

Q. What did you do with the 18 s. you first found in the Till?

Wood. She was along with me, and I delivered it into her Hand.

Q. What were the several Coins at other Times that you took?

Wood. Sometimes a Guinea, and sometimes Shillings.

Q. Did you ever find 18 s. afterwards ?

Wood. I found 36 s. the last Day, and that I chang'd.

Q. How did you change it?

Wood. I chang'd it into Silver, and there was an 18 s. Piece in that, and that 18 s. Piece was found upon me.

Council. Pray how long had the Maid been gone from the Place before you made this Discovery ?

Wood. She had been gone 10 Months, or three Quarters of a Year .

Q. How long was she in the House with you?

Wood . A good while, Sir.

Council. There was no Money in the Till at the Time that she open'd it?

Wood. No, Sir.

Q. How long did the Maid live in the House with you?

Wood. Half a Year, I believe .

Q. to John Chute . Do you know the Prisoner at the Bar?

Chute . Sir, I have seen her very often at Mr Alcock's, when a Servant there, and have seen her since, I saw her the 26th of May last.

Q. Where?

Chute. That was in York-Buildings, I think it was at the Sign of the Griffin .

Q. Did she make any Declaration then?

Chute. Mr Alcock was present, and Mrs Lincey , a Relation of the Boy's. Mr Alcock said to her, I am afraid you have had some Hand in this, my Information is such by the Boy ; she deny'd she advis'd the Boy, but she acknowledg'd she had taken two Pieces of pickled Pork.

Council. Did you hear her own she had taken away two Pieces of pickled Pork?

Chute. I did, and she sent them away to one Mrs Thomson's. Mr Alcock got her to this Publick House , because he would not go to her Place to expose her; she wanted then a little private Discourse to make up the Affair, than to come to before a publick Court.

Q. What did she say to you?

Chute. Says she, this may be made up in a private Manner by some Gentlemen, than before a publick Court; at this Time there was a Person came and call'd her out, and said something to her; then she came in again, and said she was sorry she had confess'd any thing about the Pork, but for the Money they could not hurt her.

Q. to Ann Lincey . Do you know the Prisoner at the Bar?

Lincey . I have seen her, but never till last Tuesday was 7-Night.

Q. Where did you see her?

Lincey. I saw her in York-Buildings.

Q. Was you present when she was examin'd, what did she say?

Lincey. I heard her say she had taken two Pieces of Pork from her Master, and sent them away by the Boy.

Q. Did you hear her say any other Thing?

Lincey. I heard her say, that the Money she did not value ?

Court to the Prisoner. You hear what this Boy has sworn against you. What have you to say against this Charge?

Prisoner. I know nothing of what is spoken of .

Q. to Elizabeth Fox . Do you know the Prisoner at the Bar?

Fox. She was my Servant , she has liv'd with me two Months and two Days, she was taken from my House, her Master came on Tuesday was 7-Night, and her ask'd for Jenney, and Jenney was called out of the Kitchen, and he said how do you do Jenney ; so she came to me in the back Parlour . Says she to me, please to give me leave to go out and speak to my Master . I desired her not to stay, I was very angry that she was gone so long.

Council. I ask you how she behaved?

Fox. She behaved very well. I am sure she might have robb'd me of 200 l. and run away. She was with me till she was taken up. She was not taken up till the Thursday following that her Master was with her on Tuesday.

Council. Did you observe many Persons coming to her while she lived with you?

Fox. I never saw any body come to her, but a Woman over the Water.

Q. Did you see that Boy come to her?

Fox. I never did.

Andrew Mayfrew . The Prisoner was a Servant of mine for five Months. I was then in Lodgings at Mr Jones's in Beaufort Buildings . She came to me in the latter End of August , and went away the latter End of January .

Q. Had she any Opportunity of defrauding you?

Mayfrew . She had Plate and Linen, and other Things under her Care.

Council. Did she behave in an honest Manner, had you any reason to suspect her?

Mayfrew . No.

Q. If you wanted a Servant now, would you take her into your service?

Mayfrew . Yes, Sir.

Council. I'll ask you this single Question, Did you ever see the Boy there?

Mayfrew. No, I never did.

The Prisoner had others to appear to her Character, but they were not examin'd. Her Mistress appeared to be a very sober, creditable Person, and also her Master that she had lived with before; and both spoke well of her .

Acquitted .

259. + Priscilla Swan was indicted for making an Assault , on the King's Highway, upon John Toplift , and putting him in fear and danger of his Life, and stealing one Stock, value 9 d. and 18 s. in Money, his Property , May the 17th .

John Toplift . I was going along last Sunday was a Fortnight, in Whitechapel , and I met two or three Fellows, and they knock'd me down.

Q. What Time was this ?

Toplift. It was about 10 o'Clock at Night, and they beat me very much, and left me, and there came three Women to me, and that is one of them, she came to me directly, and whipp'd my Stock off my Neck, and whipt her Hand into my Pocket, and took 2 or 3 s. and some Halfpence, and then got me into an Alley, call'd Moses and Aaron Alley , and put her Hand into my Fob-Pocket, and took out there about 18 s.

Q. How do you know this was one of the Women?

Toplift. I observed her very plainly, I followed her to one Paget's House, that sells Drams. I took hold of a Woman that was at the Door, and said you are one that robb'd me. Says John Walden , come in, and I will treat you with a Quartern of Gin, and you will see the Women in the House, and one Thomas Paget flew at me in the House, and knock'd me down, and these Women went off, Priscilla Swan , and another Woman.

Court. You said you laid hold of a Woman at the Door, and said you are the Woman that robb'd me, was she one of the Women?

Toplift. I can't be certain, because it was dark at the Door.

Q. What became of the Women?

Toplift. They went off, and I desired John Walden to give me an Account of the Place where it was, and give me Particulars .

Q. Where is Paget ?

Toplift . He lives in that House .

Court. Might not you be mistaken in this Woman ?

Toplift. No, my Lord, I can swear to her.

Q. Did you ever see her before that Time?

Toplift. No, my Lord, not till she took my Money out of my Pocket.

Q. How many was there about you at the Time when she took the Money from you in the House, were they young Women or old Women ?

Toplift . One was a young Woman, and the others middle aged, and there was a younger than she I had before Justice Tall.

Q. When did you take up this Woman?

Toplift. The next Morning John Walden had me to her Lodgings; he lives by them, and he knew them.

Joseph Holloway . On Monday Morning the Witness came to enquire for John Walden , who is a particular Acquaintance of mine, and I went to him, and he then related the Story of his being robb'd; I persuaded him to take out a Warrant for Paget, so he did, but made it up with him, and was discharg'd before the Justice.

Acquitted .

260. Henry Stephens was indicted for stealing two Pair of double channell'd Mens Pumps, value 10 s. the Goods of Thomas Mason , May the 27th .

Thomas Mason . On the 27th of May, as I was in an inner Room, I heard my Wife cry out Murder, and heard her cry out hold him, Tough, which was the Dog that ran after him, and held him; after he was brought into the Shop, he said if I would go after two Persons that were his Companions, I should find the Shoes. I think he said one Betty Smallman had them, and one Williams was concern'd with him in stealing of them; but not finding these Persons, I carried him to the Watch-house, and the next Morning I says to my Neighbours, I'll go down and hear what this Fellow has to say; so I goes into the Hole of the Watch-house, and call'd up Henry Stephens, and I said, where, and who , are those Persons concern'd with you last Night, and Stephens said that Williams was concern'd with him.

Court. Are these your Pumps?

Mason. Yes, Sir.

Q. How long after the 27th of May did you find them again?

Mason. On the 28th, he said that they had sold them to a Woman in Drury-lane, but she was ignorant of the Affair, so she gave them to me again.

Q. to Mary Mason . Do you know Henry Stephens ?

Mason. I sto od at the upper End of the Shop, and I saw Henry Stephens coming in as if he were a Customer; when he came forwards he pull'd the Shoes out of the House by main force. I cry'd out Murder, Stop Thief; and the Dog ran after him, and, I said, Hold him, Tough . The Dog caught hold of his Wig, and tore it to pieces, and I caught hold of his Arm, and this Shoe was in his Hand; he had artfully convey'd the other away. He told us there was another Boy stood at the Window, and receiv'd them of him, as he stole them; and he says, that he took them one by one.

Court. Then you saw him take one Shoe out of the Shop?

Mason. I did, Sir.

The Prisoner had nothing to the Purpose to say for himself.

Guilty .

The Court would have been glad to have seen Eliz. Smallman , who had been mentioned once or twice before on these Occasions.

[Transportation. See summary.]

261. Martha Williams was indicted, for that she not having the Fear of God, but being moved by the Instigation of the Devil , by striking, or pushing down to the Ground, Henrietta Swetman , did give one mortal Wound on the back-part of her Head, of which mortal Wound Henrietta , the Wife of James Swetman , instantly dy'd May the 27th .

Q. to James Swetman . Do you know Martha Williams , the Prisoner at the Bar?

Sweetman . She liv'd upon the same Floor, at one Mr May's, a Potter's Shop; between ten and eleven o'Clock at Night, Martha Williams came and knock'd at the Door of our Room, and said, She would break the Door open. With that my Wife bid this Boy by me open the Door. I was in Bed when she came into the Room, She demanded the Bolster , and Words arose . My Wife said, she should not have the Bolster till we had the things she had of ours. I bid her to depart the Room, but she did not think proper to do it. She said she would not go till she had her Bolster. So my Wife was going across the Room she either struck my Wife, or push'd her, I can't say which . My Wife fell; I seeing my Wife falling, I jump'd out of Bed. I saw her Hand go; whether it was pushing or striking I can't say; and my Wife never spoke afterwards .

Q. Did you not go and look upon your Wife?

Swetman . I went to my Wife to give her some Water, but there was no Passage. Mrs May, the Woman of the House, came to the Door. I said I was busy with my Wife, I could not open it. With that she said, she would break it open. I went and open 'd the Door, and she came or look 'd into the Room.

Q. How far did your Wife lay from the Door?

Seaman. But a little Way.

Q. How came Mrs May to know it?

Seaman. When I got out of Bed, after the Prisoner had flung my Wife down, this Woman, the Prisoner , cried out Murder; and this Mrs May came in, or look'd in, and said, Lord have Mercy upon me, she is dead. I went to lift her up on the Bed, and her Head fell every Way , and never stirr'd more. Immediately after that the Constable and Watchmen came, and she, the Prisoner, was committed, and I also, till the Coroner had sat upon her; and it was the Opinion of them, I heard, that the Fall was the Cause of her Death. When I charg'd the Prisoner she charg'd me, and I was put into Consinement .

Q. Did you examine your Wife what was the Matter with her; whether there was any Bruise upon her?

Swetman. Before two o'Clock I was in the Watch-house .

Q. Did any body examine her ?

Swetman. I heard there was a Fracture in her Head , which they thought was the Occasion of her Death.

Q. Was your Wife well before this happen'd?

Swetman . Yes, she was about to eat her Supper.

Q. Did no body examine your Wife, to see what was the Matter with her?

Swetman . None, to my Knowledge, it was not in my Power to send any body.

Q. Who is the other Witness?

Swetman. My Son, this Child; none but he was by.

Q. How old is that Boy?

Sweetman . If he lives till next October he will be ten Years old.

Court to the Prisoner. What have you to say to this Matter ?

Prisoner. I went into the Room for a Bolster I had lent them two Months before. I wanted it for a Person that came to lie with me. They insisted upon it, that I should not have it. He got out of Bed and struck me, and throw'd me down. In the mean time his Wife fell down. I disputed with him, and not with her; the Woman never touch'd me, nor I her.

- May. I was at Supper, and about eleven o'Clock the Prisoner at the Bar went from me. This House joins to the House that I live in. As I was at Supper, I could hardly have thought she was got up Stairs, one Upton told me there was a Cry of Murder in the House. I turned into the Shop, and said, What Confusion is this, to have Murder cry'd? When I came in I met the Prisoner at the Bar. I said, Where is Murder cry'd? And they said, it was in Swetman's Room. The Deceased fell so near the Door that I could not push forwards. I look'd in, and said, Oh dear! What is done? I look'd in, and there was the Husband and Son. I knock'd at the Door, and he did not open it for some time; and I said, if he did not open it I would break it open by Violence; and when I insisted upon the Door being open'd, he said, I will let you in presently, and he opened the Door; and he said, I was giving my Wife some Water. I look'd, but there was none . He was first charg'd. The Prisoner was without side of the Room when she cry'd Murder.

- Upton. I was in my own Apartment. I lodge in the same House. I heard Murder cry'd. Mrs Williams cry'd Murder. I ask'd Mr May, as he was Landlord of the House, to go up with me. I said, for God's sake, don't let there be Murder cry'd in the House and no body go up. I went up, and I saw the Deceased, some Part of her was upon the Bed, and some Part on the Ground.

Q. Did you see any Wound upon the Woman that was dead?

Upton . No, my Lord.

Q. Did you look for any?

Upton. No, my Lord.

Acquitted .

262. John Lancaster was indicted for stealing eleven Sheep Skins, value 5 s. and three Pair of Buck Skin Breeches , value 10 s. the Property of John James , May the 4th .

John James . I live in Compton-street, St Anne's Parish . I lost three Pair of Breeches, two Buck-Skin, and a Pair of Cloth Breeches, that was left at my Shop, and some Skins, which the Prisoner confess'd. The Prisoner has liv'd with me eight Years. He had pawn'd these Breeches, and the Constable fetch'd them from the Pawn-broker's.

Q. to Thomas Slaughter . Who brought these Breeches to pawn?

Slaughter. John Lancaster .

Q. to Anne Cooper . What do you know of this Matter?

Cooper. My Lord, I have known the Prisoner a Year and an half; these are the two Pair of Breeches he brought to me; a Cloth Pair and another.

Q. to John James . Do you know any thing of the Skins?

James. My Lord, I could not miss them.

It appear'd the Indictment was not rightly laid, as he was indicted for stealing three Pair of Breeches , the Property of John James, when Mr James would not take upon him to swear to the two Pair of Breeches produc'd.

Acquitted

263, 264. Edward Brennett , and Margery Brennett his Wife , were indicted for stealing one Volvet Cap, value 6 d. five Silk Petticoats, value 10 s. five Pair of Worsted Stockings, value 5 s. two Linen Mabs, value 6 d. 105 l. 5 s. in Money, &c. (which was contain'd in a Canvas Bag ) the Property of Eliz. Cooper .

Q. to Eliz. Cooper . What have you to alledge against the Prisoners?

Cooper. They robb'd me.

Q. Where do you live?

Cooper. In the Parish of Clerkenwell ; it was a House let out in Tenements; they liv'd in one Room, and I in another.

Q. What do you say with respect to the Money, or any things you have lost?

Cooper. I have lost all these things, and a great many more than are mentioned in the Indictment.

Q. Where was the 105 l. 5 s.?

Cooper. In a Canvas Bag in a Cupboard, and the 5 s. was taken out of a Tin-pot.

Q. When did you lose all those things?

Cooper. It was all in March, I can't tell the particular time.

Q. How do you know the Prisoners at the Bar took these Things?

Cooper. There was no body but they and I; they have had plenty of Money ever since; they bribed every one with their Money.

Court. Have you any other Reason to say that they robb'd you?

Cooper. When they were first taken up there was a Spoon in their Room; I found also a Purse in their Room; but they had taken out the Money. After they had come out of Bridewell the Purse was found in their Room:- That was in March .

Q. How long were they in Bridewell ?

Cooper. About a Week .

Q. to John Jones . What are you?

Jones. I am Constable. I had a Search-Warrant brought me by Mrs Cooper to search the Prisoners Lodgings in Pear-tree-court by Clerkenwell Church, and Mrs Cooper found these things under the Bed. This was the Saturday; the Prisoners had been then in Bridewell almost a Week.

Q. Was any body else there when you search'd their Lodgings?

Jones. There was one Body, Justice Hole sent him.

Cooper. That Man knock'd me down.

Q. Why did he knock the Woman down?

Jones. He push'd her down upon the Bed, and said, she would swear every thing in the house was her's.

Court to the Prisoners. What have you to say for yourselves with respect to the Facts that have been charg'd upon you. There was a Purse, which she swears belongs to her, which was found in your Room; how came that Purse there?

Edward Brennett . She had an Opportunity , in my Absence, to bring that Purse there. They search'd my Room in my Absence .

Acquitted .

265. + Rachael Pickett was indicted for stealing one Silk Brocaded Gown, one Camblet Gown, one Cambrick Cap, one Holland Cap, one white Linen Apron, one check'd Linen Apron, 1 Pair of Stockings, and 17 s. in Money, the whole Value 4 l. 17 s. 6 d. out of the Dwelling-house of John Butcher , his Property, August 1744 .

Q. to John Butcher . What have you to alledge against the Prisoner?

Butcher. She robb'd me of these Goods .

Q. Why do you say the Prisoner took them ?

Butcher. Because I left the Prisoner in the House. She was Servant in my House .

Q. When did you lose all these things ?

Butcher. When she was Servant at my House, in the beginning of August in 1744.

Q. When did you meet with the Prisoner?

Butcher. Not till the last Month of May. My Wife lighted upon her accidentally in the Street.

Q. Have you found any of your things ?

Butcher. No, she has made away with them all, which she confess'd to us .

Q. to Elizabeth Butcher . Are you Wife to the last Witness ?

Butcher. Yes, Sir. The Prisoner liv'd a Servant with me, she went from me next 1st of August will be three Years.

Q. Did you lose any thing while she was in your Service?

Butcher. Not till the Time that she had robb'd me. I always took her to be a very honest Girl till that Time, I went out to buy something, when I came home I found my Door and Drawers were broke open; my Door was broke all to Pieces, she confess'd she broke the Door with the Poker; we ask'd her how she came to do it, and she said the Devil put it into her Head. The Prisoner had nothing to the Purpose to say in her Defence, but referr'd the Court to her Character.

Elizabeth Main . The Prisoner liv'd with me upwards of four Years , and I never saw any thing dishonest by her, she always behaved in a very handsome, decent Manner, I never saw her disguiss'd in my Life.

Martha Bowater . I have known her some Years, she always behav'd in an honest, sober Manner. I saw her about a Week before she was taken, but had not seen her for three Months before. I did not know she was in Trouble till yesterday, or I could have brought an hundred to speak for her.

Guilty to the Value of 39 s.

[Branding. See summary.]

266. Anne Garraway otherwise Kite was indicted for stealing one Blanket, value 2 s. the Goods of John Whitaker , May the Eighteenth .

John Whitaker . The Prisoner was a Nurse to my Wife, and after we miss'd the Blanket, my Spouse went and search'd her Lodgings, and found it upon her.

Jane Whitaker . I went to the Prisoner's Lodging, where I found my Blanket, and I can swear that this is my Blanket. The Prisoner in her Defence, deny'd that the Blanket produc'd in Court, was the Blanket they had taken off her Bed.

Guilty, 10 d.

[Whipping. See summary.]

267. William Moreton was indicted for stealing three Shifts, two Linen Aprons, one Dimity Petticoat, the Goods of Martha Evans , and four Linen Handkerchiefs , the Property of Thomas Pettit , Esq ; May the 15th .

The Witness Evans could only prove the Loss of these Goods from their Line in the Garden, and having a Suspicion of this young Fellow being in the Neighbourhood, they search'd his Mother's House, and found them; she seem'd to be very willing to have her House search'd, and they found the Things between the Sacking and the Bed. By the Mother's chearfulness , in desiring them to search, they thought she might not know of it; though there was such a strong Suspition against the Prisoner , yet they could not bring it home to him .

Acquitted .

268 Mary Dyson was indicted as an Accessary to a Felony committed by William Darby , who was convicted in January Sessions last, for stealing a Quantity of unwrought Thread from Thomas Hunt ; but they could find but a small Quantity upon the Prisoner, which the Prosecutor could not pretend to swear to, the Prisoner was acquitted .

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

Received Sentence of Death, 5.

Richard Ashcroft 246

John Cook 134

Elizabeth Dennis 132

Samuel Hurlock 252

John Ryley 133

Burnt in the Hand, 2.

George Holmes 136

Rachael Pickett 265

Transported for 7 Years, 7.

John Brown otherwise Stanly

135

Thomas Butler 139

John Collins 257

Mary Cook 140

Thomas Gordon 253

William Grace 138

Henry Stephens 260

To be whipped , 4

Anne Garraway 266

John Hutchinson 143

Lydia Taylor 256

Mary Walker 142