Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 April 2014), September 1747 (17470909).

Old Bailey Proceedings, 9th September 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 WEDNESDAY 9, THURSDAY 10, and FRIDAY the 11th of September.

In the 21st Year of His MAJESTY'S Reign.


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



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

[Price Six-pence.]


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 Worshipful 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.

John Walker ,

Thomas Wildman ,

John Sl ,

John Lawrence ,

William Allen ,

George Doughty ,

John Mayo ,

Vincent Legget ,

William Hutchins ,

Godfrey Scholey ,

John Samuel ,

Thomas Barlow .

Middlesex Jury.

Benjamin Goodwin ,

William Thoyts ,

Thomas Smith ,

Edward Gatton ,

Edward Brayn ,

John Bartholomew ,

William Bryan ,

Edward Grange ,

Richard Waller ,

Richard Mount ,

Anthony Denew ,

Samuel Barratt .

+ 312, 313. John Swannick and William Bailey were indicted for assaulting and wounding James Salmon on the King's Highway, and putting him in corporal Fear and Danger of his Life, and feloniously robbing him of one Guinea, and twenty Shillings in Silver , the Property of the said James Salmon , July the Twenty-first .

James Salmon . I am by Trade a Breeches Maker , and had been out the Twenty-first of July, and had received some Money, and call'd in Red-lion square and drank part of two Tankards of Beer; and coming up the Square I saw four Fellows at the End of the Square, and they dogg'd me. The Boy Swannick past me two or three times, and ask'd me what it was a-Clock? They were swearing at one another. I kept forward and came into Dean-street, where one of the Prisoners (Bailey) came up to me, and gave me a Blow cross my Eyebrow, and cut it very much, that the Blood run down. I was for getting up again. The other says G - D - n you, Jack, knock him on the Head; with that he gave me another Blow.

Q. Did you understand which that was that said D - n him, Jack, knock him on the Head?

Salmon. That was one of the other: The young one, Swannick, he had his Hand in my Pocket, and took out my Money, which was one Guinea, and twenty Shillings in Silver. I cry'd out, Stop Thief, but nobody-was by.

Q. Was it light at this time ?

Salmon. The Lamps were light, and I took particular Notice of him that struck me; for his Hand was full of Warts. Presently after a Gentleman comes by, I did not know him, and he ask'd me, What was the Matter ? I said I was abus'd and robb'd. He said, You are bloody, and he took his Handkerchief out to wipe my Eyes and bind my Head; and he then went home with me.

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

Salmon. I saw one of them, but not the two together till Thursday last at Chick-lane, by Black-boy Alley; I saw them sporting there together, upon which I went away to Mr Bury (who was the Person that first came to his Assistance in the Street) and told him I saw the two chaps that robbed and beat me: so Mr Bury went to one Body, and we went down to take them, but when we came there, there was twelve or thirteen of them; we saw them, but durst not take them.

Q. Who did you see then ?

Salmon. We saw both the Prisoners at the Bar, but could not venture to take them, there was so many together.

Q. When did you take them ?

Salmon. On Saturday Mr Body and another Man took them, and sent for me to the Three Tuns in Kirby-street, and asked me, if I knew them? I said, I did. We went before the Justice, and he committed them.

John Bury . I know nothing of the Robbery, but I came by between eleven and twelve o'Clock, and the poor Man was crying out, Stop Thief. He said, he had been robb'd by four Fellows, but I saw nobody. He had a very great Blow, and was in a bloody Condition. I bound his Head with my Handkerchief, and went home with him. Some time afterwards we heard of Bailey being in Bride-well for another Robbery. He went to see him in Bridewell, but said then he could not be so positive, but he would go the next Day to see him; but he (i. e. Bailey the Prisoner ) was then turn'd out. On Thursday he came to me again, and he said, that in Chick-lane he saw the two Persons that robb'd him; and he ask'd me, what he should do? And I said, he had better go to Mr Body, for he knew them Gangs better than I. We went to Chick-lane, and he pitch'd upon them two as they were tossing up, but did not take them then. Would not venture, as there was so many of them. But on the Saturday afterwards Mr Body took them, and we went up before Justice Burdus, and he committed. them. They both deny'd the Fact before the Justice. As we were going with the two Prisoners to Newgate somebody calls out Hoy Jack, Where are you going ? And the Boy ( Swannick the Prisoner ) reply'd, He was going to the Start for Nimming a Call in his Eye. Then swore, he wish'd he had cut off his Head, then he would not have whidell'd again.

Q. Where do you live?

Bury. I live in Cold Bath Fields. I deal in Horses, and keep Stables there.

William Body . I was apply'd to by the Prosecutor to take up the Prisoners. I went on the Thursday with the Prosecutor and Mr Bury to Chick lane, where Salmon had seen them, but there was so many of them, that we were afraid to attack them. Salmon the Prosecutor shew'd them to me. And I said, leave them to me, and I will endeavour to take them. On Saturday Morning I met with them accidentally by myself in Chick-lane, between ten and eleven o'Clock in the Morning. When I caught hold of them I was knock'd down; and I must speak it to the Praise of the House-keepers of Chick-lane, not one of them came to my Assistance. I said, Gentlemen, you won't see me murder'd? I pull'd out my Constable Staff ; and one d - d me, and said, I was Constable for the Country, but not for the Town. I said, for God's sake help me up, for I had hold of both of them, and held them fast, and the Gentleman in Snuff-colour'd Clothes-protected me, and brought them both off, and had them before Esquire Burdus. Macdonald, that came with me, he went down on Way and I another.

Thomas Morris . I know that the Prisoners were taken up as disorderly Persons, it might be six Weeks or two Months ago, and committed to Bridewell; but when they were discharg'd I can't tell.

Swannick, the Prisoner, insisted in his Defence, that he was in Bridewell when the Fact was committed. Bailey denyed the Fact, but had nothing at all to Purpose to offer in his Defence.

Q. to the Prosecutor Salmon. Where do you live?

Salmon. I live at the Bottom of Lincoln's-Inn-Fields. I have been an Housekeeper there for twenty Years. Both guilty of the Felony and Robbery.

Death .

The Jury recommended them to his Majesty's Mercy.

314. Jasper Godley was indicted for stealing on the twenty-first of August , thirty Yards of check Linen, value 36 s. the Goods of Samuel Newy .

Richard Moseley . About eight o'Clock in the Morning I went out of the Shop, and then saw these Goods lying on the Counter, in about a Quarter of an Hour afterwards I was told that the Shop was robb'd; and that our young Man had took the Thief, and brought him back.

Joseph Nott . I did not see the Prisoner come into the Shop, but as I was backward I lifted up my Head as I was in the Buck-shop, and I saw the Prisoner with this Piece of Check going out under his Arm. I never lost Sight of him only just the turning of the Corner, and I cry'd out, Stop Thief, and he was stopp'd. Whether it was by turning at the Corner, or in a Struggle he fell down, and the Chock fell from him. When I came up to him I took it by him: I did not see it fall from him, but I saw him go out with it.

Christopher Higgins . On the Twenty-first of August last, between eight and nine o'Clock in the Morning. I was going from Ironmonger-lane to the Old Jewry, and I heard several People cry, Stop Thief, I met the Prisoner at the Bar with something in a brown Apron. Upon hearing the Cry of Stop Thief, I took hold of him; he endeavoured to get away upon which he fell down. He dropp'd the Chock; and when he was down he cry'd out, A Writ, a Writ. Upon that several People came up, and he was had away to the Compter; but he was like to make his Escape out of the Constable's Hands.

The Prisoner had nothing to say in his Defence, nor any to appear for him; he said his Friends were a great way off.

Guilty .

[Transportation. See summary.]

315 Ann Collier was indicted, for feloniously receiving seventeen Pieces of Shalloon, value 20 l. knowing them to be stollen , and the Property of Francis and Thomas Caryl . The Prisoner was acquitted of this Felony by his Majesty's Act of Grace.

Mr Caryl petitioned the Court for Leave to enter a Civil Action against her, before she was discharged, which was granted*.

*John Exelby was convicted for this Robbery, and executed. See Sessions-Paper, May Sessions, No. IV. Part II. Tryal 212, 1747.

316 Luke Ward was indicted, for that he on the 7th of this present Month September , did rip, cut and break 49 Pounds weight of Lead, value 4 s. belonging to Adam Calamy , Gent. which was fixt to the Dwelling-House of William Prichard .

William Prichard . I live in Red-Lyon-Street, Whitechapels the Prisoner came to the next House, which was building, about a quarter before 12 o'Clock at Night last Monday.

Q. Did he make a Noise?

Prichard. Yes.

Q. And what did you do upon hearing this Noise?

Prichard. My Man came up and called me, and said, there was some Body breaking in he thought, and when I came down I found the Prisoner at the Bar; I saw him in the Yard, and he did his endeavour to get over the Fence; he run backward and forward, and endeavoured to make his escape.

Q. Did you see him do any Thing?

Prichard. No, he was afterwards taken and carried to Whitechapel Watch-house, and he confessed there were two more that belonged to him; but when we went back again they were made off, if there was any body.

Q. When you came was there any Lead ript?

Prichard. It was ript, and cut up, ready to carry away.

Q. Was there any Lead rolled up?

Prichard. Yes, Sir; but he was cutting the Pipe that belongs to my Ba ke-house. Mr Calamy is the Landlord of the House.

Q. How did you get into the Yard?

Prichard. There was only a Fence; the Lead was rolled up just ready to carry away; and when we carried him before the Justice, he owned that he cut the Pipe.

Q. Did you find any Materials about him?

Prichard. No.

John Bebb . I live in Red-Lyon-street, Whitechapel. On Monday Night between eleven and twelve o'Clock, Mr Prichard's Wife came to my House in a great Fright, and begged my assistance; she heard persons, as she thought, breaking into their House; I said I would load my Gun: She came again, and begged for God's Sake I would come, for she believed they were just ready to come in. When I came, I saw the Prisoner endeavouring to get away over the Fence. I told him, if he offered to go off I would shoot him. When he was getting over the Fence, I said, if he did not come down I would shoot him dead. So we took him, and had him to the Watch-house, where he said that there were others along with him. We went back again, with the Officers with us, to search for those other Persons, but have found none, but the Lead rolled up ready to carry away; the Lead was cut up in two Places: The Place where we heard the knocking, was of the Lead that came out of Mr Prichard's Bake-house; we examined the Place where we heard the hammering, there we found the Lead cut, and the Water dropping.

The Prisoner had nothing to say in his own Defence.

Guilty .

[Transportation. See summary.]

317. William Jones was indicted, for stealing one Silk Handkerchief, value 10 d. the Goods of Polydore Plumtree , July the 25th .

Plumtree. On the 25th of July last, as I was passing by the Royal-Exchange , I felt a Hand in my Pocket; upon which I turned round, and I saw the Prisoner take the Handkerchief out of my Pocket, and sling it down behind him: I was upon my guard, for some Body else had attempted to pick my Pocket about half a Minute before; I saw him take it out, and I saw the Handkerchief in his Hand; I caught hold of him, and dragged him to the Place where the Handkerchief was dropt, which was about two Yards from the Place where we stood.

The Prisoner said there was another Boy there as well as he.

Guilty value 10 d.

[Transportation. See summary.]

318 Sarah Ford was indicted, for stealing one Silk Purse, value 2 s. and eighteen Pieces of Gold Coin, called Guineas, value 18 l. 18 s. the Property of John Kirk , in the Dwelling-House of Agnes Hutchinson , at the Star and Garter in Ayloffe-street, Goodman's-fields , August 22 .

John Kirk . As I was sitting in Company last Saturday was a Fortnight, my Wife imagined I wanted some Money -

Q. Where was this ?

Kirk. At Mrs Hutchinson's in Ayloffe street - so my Wife throws the Purse to me.

Q. Did she ask you if you wanted Money?

Kirk. She thought I did; and a Gentleman pickt up the Purse, and opened it, and counted the Money, and carried it to Mrs Kirk again.

Q How came the Gentleman to take the Liberty of opening your Wife's Purse.

Kirk. I suppose in a jocular way; I believe this was about four or five o'Clock, it was returned to my Wife, and she mist it in the Morning: As she was same, and not able to stir out of her Chair, the Prisoner was Servant in the House, and was very ready to wait upon my Wife: She was very bare of Clothes before, and in two or three Days she was very flush of Money, and bought herself abundance of Things, that gave us reason to suspect that she was guilty of the Robbery.

Q Did you find the Purse and Money?

Kirk. No, but she has confest the Thing.

Q. to Elizabeth Kirk . Are you Wife to John Kirk ?

Elizabeth Kirk . Yes, I lost these eighteen Guineas last Saturday was a Fortnight. I thought my Spouse wanted Money, and I tost it to him out of a Window of a little Bar-Room: They were sitting at a Table in the Yard, and I throw'd it to him; so a Gentleman pickt it up, and told it, and there was eighteen Guineas; there was six and twenty, but I had laid out some; the Gentleman brought it to me, and I put it, as I thought, into my Pocket, or whether I might drop it I cannot say, or whether I might clap it under the Seat of the Chair, but there was no Body in the Room with me but that Prisoner.

Q. When you went to Bed, did you feel for your Purse?

Kirk. No, my Lord. Whether I dropt it aside, or whether behind the Chair, or whether dropt down I can't tell: The next Morning I searcht for it, and ask'd the Gentlewoman of the House after it, but she said she knew nothing of it: This Girl was more than ordinary kind in waiting upon me, but I did not see her take it; but when she came to this Gentlewoman no body would have given her Six-pence for her two Shifts, and presently after she had plenty of Things, which gave me a great Suspicion of her.

Agnes Hutchinson . The Prisoner lived about a Fortnight with me before this Money was lost, she came very bare into my Service, and she owned it to me in the Bail-Dock. She owned she took the Purse out of the Window in the little Room. and she confessed it the Morning before to my Cook-Maid Ann Lyon .

Q Who was by when she made the Confession?

Hutchinson. I can't tell.

Q Where do you live?

Hutchinson I keep the Star and Garter Tavern in Ayloffe-street, Goodman's field,

Q Have you any Husband ?

Hutchinson My Husband is dead. Sir.

Ann Lyon . I have nothing to say against her, but that she told me she found it on the Parlour-Window, and she did not know whose it was.

Q. When did she tell you this?

Lyon. Yesterday Morning about eight o'Clock; and she said she was afraid she should be hang'd for confessing.

Q. Where was she when she confessed this?

Lyon. As I was coming from New Prison with her.

Q. Was you Fellow-Servant with the Prisoner at the Bar?

Lyon. Yes, Sir.

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

Prisoner. I lived at that House, and I found the Purse in the Yard; there was a great deal of Company, and I did not know whose it was.

Q. What House was it?

Prisoner. A Bawdyhouse.

Q. to Elizabeth Kirk . Have you got it again?

Kirk. No, upon my Honour, I have not.

As it appeared to the Court and Jury to be a bad House, the Prisoner was acquitted .

319 + John Bennet was indicted, for privately stealing one Silk Handkerchief value 13 d. the Goods of Jeremiah Vandiest , August the 22d .

Vandiest. On Saturday the 22d of August, at the Proclamation of the Fair, I was standing looking at one of the Fellows upon the Stage; I had not stood two Minutes but I wanted my Handkerchief to wipe my Face, and I felt the Prisoner's Hand drawing of it out, and I took hold of him, and charged the Constable with him; he said he was an Apprentice to one Mr Rogers on Snowhill; we went to him, and he said, he had not seen him for some Days, he had run away; when I caught him, he was search'd, and we found several Handkerchiefs upon him.

The Prisoner's Master appeared, and could give him but a very bad Character.

Guilty of stealing, but not privately stealing .

[Transportation. See summary.]

320 John Welch was indicted, for stealing, on the 29th of August , seven Pigs Cheeks, and three Rolls of Fat , the Goods of .

William Yearsley . I am Clerk to Mr Truman. On Sunday, the 29th of August, I found our Man had taken John Welch , the Prisoner, with seven Cheeks, and three Rolls of Fat; I call'd him aside, and ask'd him how he could do so, and he said he was an hungry.

John Sutley . I am Servant to Mr Truman. When I went into the Work-shop with the Candle, I saw the Prisoner had got the Goods pack'd up in this Cloth between eleven and twelve o'Clock at Night; he undid the iles, and broke a Rafter, to come in.

The Prisoner in his defence, said, there was a Hole in the House, and he did it because he was an hungry.

Guilty .

[Transportation. See summary.]

321. William Williams was indicted, for stealing six Cloth Waistcoats value 10 s. and one Silk Waistcoat , the Property of Thomas Goodwin , July the 20th .

Thomas Goodwin . I am by Trade a Salesman : I live in Holbourn. The Morning the Things were stole, a Woman comes and tells me, she saw a person go out of my House with a Parcel of Goods, and I found the Goods and the Prisoner at a Tenant's of Mr Plowman's.

John Plowman . I was called to go to my Tenant's House for a Person that was gone there; when I came the Door was open, and I asked where the Thief was; upon saying, I would have no Thief harbour there, the Prisoner came out of the Closet, and surrendered himself; upon that, I asked him where the Things were? the Prisoner answered, that they were under the Bed. We looked under the Bed, and there was seven Garments called Waistcoats.

Christopher Smith . I actually saw the Prisoner come out of Goodwin's Shop with a Bundle under his Arm, and I saw him run, and he himself, when he was pursued, cry'd out, Stop Thief.

John Bedford . I am the Officer that carried the Prisoner before Justice Burdus, where the Prisoner owned that he took the Things.

Guilty .

322. + John Williams was indicted, for stealing three Yards and a half of Worsted Damask , the Goods of Pell Stutter , September 8 .

Pell Stutter. I live near Wapping-Dock ; I am a Mercer . Yesterday Morning between eight and nine o'Clock, the Prisoner comes into the Shop; I have backward a Pane of Glass that commands my Shop, and I saw the Fellow look about him, and I think he gave a little Knock with his Finger, to find, I suppose, if any body was nigh, and immediately he whips up three Yards and a half of Damask, and he carries it out; thinks I I'll be after you presently; I ran after him, and catches him by the Collar, and brought him back to the Shop-door, and sent for a Constable; we had him before Justice Manwaring, and he committed him to Newgate; he bears a very bad Character.

The Prisoner in his Defence said, that it was not taken from under his Coat, but from off the Ground.

George Strag . Yesterday Morning between eight and nine o'Clock, I was standing by my own Door, and I saw the Prisoner at the Bar coming along, and I saw Mr Stutter stop him in the Street, and he said he had robb'd him, and I saw Mr Stutter take the Piece of Stuff from under the Fellow's Coat. He did not offer to make any Resistance, or to get off, and indeed I was determined he should not.

Guilty 4 s. 10 d.

[Transportation. See summary.]

323. Elizabeth Fletcher was indicted by the Coroner's Inquest, for the Murder of her bastard Child, by throwing it in a certain House of Office , August the 30th .

Eliz. Thompson. I live in Chambers-street ; the House is let out into Tenements. Last Sunday was a Fortnight, two Women came and asked to go into the Yard to the Privy, and after they had been there about two Minutes, they said they wanted to speak to one of us; when I came into the Yard, they said there was a Child in the Vault; I said it must be a dead Dog; they said it was not, it was a Child; and when I went I could not raise it up.

Q. Don't you know who put it there?

Thompson. No, Sir, nothing of it.

Q. Did you swear nothing more than this before the Coroner?

Thompson. I saw the Prisoner about three Weeks before, and she had a big Belly; she came in on Sunday, and ask'd to go backward: I said she was welcome, but there were two Women there.

Court. This was last Sunday was Se'nnight: Had she been in your Privy before?

Thompson. No.

Q. When she came in, did she come along with the two Women?

Thompson. No, she came after them.

Court. But the Child was found before?

Thompson. Yes.

Court. But what was that to this Woman the Prisoner? Why did not you secure those two Women?

Thompson. They were at Hickes's Hall ?

Sarah Martin . I live in a lower Room of the House, and as I was going out on an Errand for my Mistress, there was News that there was a Child found in Elizabeth Wood 's Vault. I went upon this News, and found there was a Child, and a fine Babe.

Q. Do you know, whether the Prisoner went into that Vault?

Martin. I can't tell, but they examin'd her Breast, and found Milk, and she was charg'd.

Q. Do you know she ever was in that Vault? Is it a common Privy, or does it belong to Mrs Wood?

Martin. To Mrs Wood.

The Prisoner absolutely deny'd her being in that Vault.

Elizabeth Wood . There were two Women came in last Sunday was sev'nnight, and ask'd to go up in the Yard. That young Woman and I live together, and this Privy belongs to our Tenement, and nobody else have a Right to come there.

Q. What have you to say against the Prisoner?

Wood. Nothing, but only that the Neighbours had a Suspicion that it was her Child.

Q. Did she use to go into the Privy?

Wood. I don't know what she might do before we came; for we came there but the Night before.

Q. Did you perceive that she was with Child?

Wood. I never took so much Notice of her, but what the Neighbourhood said.

Mary Bowler . The Prisoner was brought to me on a Sabbath-Day, I believe it was the 30th of August.

Q. For what Purpose was she brought to you?

Bowler. Those that brought her said, That she seem'd to be in Labour the Thursday before. Upon that I examined the Woman, and I insisted it was entirely false, it could not be her Child of so late a Date.

Court. You examined her. Did she appear to be delivered of a Child?

Bowler. She has had a Child, but I don't apprehend at that Time. There were several that pulled her about, and frighten'd her; and it was a particular Time, and that might give a Suspicion it was her Child.

Prisoner. I lodged in this House for five Weeks, but never was in this Vault during the Time, till I ask'd that Gentlewoman's Leave on Sunday after the Child was found; and on this Thursday that was mentioned I was working for one Charmichael, picking of Hair, from nine o'Clock in the Morning till six at Night.

When this Bill was presented to the Grand Jury, who, upon hearing the Affair, return'd it Ignoramus. And upon Examination of the Affair by judicious Persons in the Neighbourhood, the Charge upon the Prisoner appeared entirely without a Foundation, and arose from some poor, ignorant, and rash People, by whose Means this poor Creature was like to fall a Sacrifice to the Mob. It seems she has a Child now in the Workhouse, whom she suckled for two Years, and has given another Child suck since, which was the Occassion of her having Milk in her Breasts.

Acquitted .

324, 325. John Wright and Peter Berry were indicted for stealing, on the 30th of July , one Legborn Hat, value 2 s. the Property of Mary Lluelyn .

Q. to Mary Lluelyn . What Business are you?

Lluelyn. I am a Mantua Maker . On the 30th of July the Prisoners came into Mr Reynolds's Shop for Tobacco. I did not see them take it, but they were taken up and carried before Justice Withers, and I heard them confess it before the Justice.

Q. What did either of them say upon that Occasion?

Lluelyn. They both of them confess'd they took the Hat: One took it out of the Shop, and the other sold it to one Mrs White, in White-cross street, for 1 s. Mrs White has the Hat here.

Q. Who said he took it?

Lluelyn. John Wright and Peter Berry had a full Pot of Beer out of the Money.

Isabella Reynolds. My Spouse keeps a Toba cconist Shop in Golden Lane. That Man, Peter Berry , came into my Shop, it was between nine and ten o'Clock at Night. This Gentlewoman, that lost the Hat, came in and her Work-woman with her. Peter Berry ask'd for a Chew of Tobacco; then came the other in, John Wright , and he ask'd for a Farthing's Worth of Tobacco. I told him to go about his Business. I had not sat above ten Minutes but they both came in together, and Wright went to that part of the Counter to which he ought not to go. As soon as he was gone I told Mrs Lluelyn that I thought one of the Men had taken something away. She said, she hoped not. She came then into the Shop, and said, she had lost her Hat. And I said, that is what is taken away then. The next Morning I enquir'd of some People if they had seen such a Thing, and they told me, that they had seen Jack Wright with such a Thing. I was told where Peter Berry lodged, and when I came to him, he said, that this Wright stole the Hat, and that he had a full Pot of Beer out of it.

Anne White The Prisoner Wright brought the Hat, but as to the other, I did not take any Notice of him

Elizabeth Darnel, William Palmer , Catharine Hill, and William Dun . all appeared for Berry, and gave him a pretty good Character.

Peter Berry acquitted .

John Wright guilty to the Value of 10 d

[Transportation. See summary.]

326. Thomas Hargrave was indicted for stealing 3 s. in Money , the Property of Margaret Haines , Widow , July the 28th .

Mary Skiram . The Prisoner came into my Sister's House as I was giving Change at the Bar, and he ask'd me, if I could give him Change for a Guinea; he look'd over and pull'd out a Shilling, and said, here is a Queen Anne's Shilling; he puts his Hand into the Till and takes out 3 s. and throws one of them back. I said, he had taken some Money out of the Till, and he said, so I have, but 'tis a Queen Anne's Shilling; and he puts back the one Shilling, and went out with the two.

John Reed . I was at the Gentlewoman's House drinking a Pennyworth of Beer, and the Gentlewoman was giving me Change for Six pence, and I saw the Prisoner's Hand in the Till, but what he took out I cannot tell; but he was apprehended afterwards, and he dropp'd a Shilling at the Corner of the Bar, that is all that I saw.

Edward Paynton . I was in the House, and heard the young Woman say, Here is a Rogue has robb'd the Till. I said, What has he taken? Says she, he took three Shillings out, and he throw'd one back. I ran out after him, and said, I desire you would come back again, and answer for what you have done. I brought him back again, he had his Handkerchief in his Hand, and he said, What do you accuse me with? She said, You Villain, you have robb'd the Till. He said, Madam, you may have dropp'd it, and he dropp'd his Handkerchief down by the Bar side, and said, Madam, I have no other Money than what I wanted to change with you. He dropp'd his Handkerchief down and pick'd it up, and said, Madam, here is one Shilling.

Guilty .

The Prisoner said, he had liv'd with one Mr Crawford. The Court told him, if he would appear at the Gaol Delivery, and give him a good Character, they might consider his Case, but Person appeared to his Character he was therefore order'd for Transportation

327 John Bareclift was indicted for stealing three P of Hops , the Property of John Thompson . Jan the 4th .

These Hops were consigned to Mr Stephens in the Borough. They were sent by the Melton The Prisoner sold these three Bags of Hops to Mr John Hiam in Smithfield, and had alter'd the Marks of the Bags. Mr Hiam appear'd in Court, and prov'd the Fact upon him very fully, which made the Prisoner gladly accept of his Majesty's Act of Grace .

328. Abraham Izard was indicted for stealing on the 11th of August one Guinea, and a 36 s. Piece in Gold , the Money of Edward Hooker .

The Prosecutor, when call'd upon, said his Name was Hooper, and not Hooker. Upon this Mistake the Prisoner was Acquitted . He has been often try'd before, and has always found some Hole at which to creep out. He is said to be a famous Fellow at the Bill and Catcher.

329. Moses Holloway was indicted for stealing, on the 24th of July , one silk Handkerchief , from a Person unknown, at the Royal Exchange .

John Dale . on Friday the 24th of July I was upon the Royal Exchange, and I observed the Prisoner at the Bar attempting to pick several Gentlemens Pockets. I took such a Detestation to the Fellow, that I was resolved narrowly to watch him. At length I detected him standing watching two Gentlemen that were talking together; the Name of the one was David Wright ; I saw him take the Handkerchief from Mr Adair; I did not know his Name then, but the Proprietor has it again. I saw it taken from the Prisoner, but those two Gentlemen have left me in the lurch.

As the Handkerchief was not produc'd, nor Mr Adair appear'd, the Prisoner was acquitted .

Mr Adair was much censur'd for his not appearing to detect so notorious a Rogue*.

*He was concerned with John Hudson in stealing a large Quantity of Tea in Goodman's Fields. He was an Evidence against Hudson, who was convicted and executed for the Fact. See Sessions Paper, No. IV. Part II. Trial 210. He was also one of that Gang that was caught in a House near Spitalfields; and he has been an Evidence against several.

330. + Charles Franklin was indicted for assaulting, and putting in bodily Fear and Danger of his Life Thomas Frow , and robbing him of one Hat value 2 s. 6 d. the Property of the said Thomas Frow, July the 17th .

Thomas Frow . On the 17th of July, about twelve o'Clock at Night, I met the Prisoner and some others to me unknown, as I was going up an open Way into Plumptree-Court, in Shoe lane ; I had entered that Place about five Yards, when the Prisoner at the Bar, and some others, enter'd the Place with Ha! d - n your Eyes; which startled me, the Prisoner and another attack'd me in a furious manner, but whether Franklin took the Hat, or his Accomplice, I cannot tell; Franklin continued the Assault so vigorous, that I could not pursue them; I lay upon the defensive Part, and I clos'd with him against the Wall; I told him he was a base Fellow to rob me of my Property; I said, You Villain have not I taken you beating of me, you shall not go from me till I have some Assistance. I made a loud Cry for the Watch, and he did to his Accomplices, and threatened to blow my Brains out if I did not let him go. When we were out of this Place, there was one of the Women in the Street, a masculine Creature, came up to him, and said, D - n you, why don't you seize and charge? Then, according to the Woman's Advice, he went to charge the Watchman with me, but I desired the Watchman to take care of him. When he was in the Watch-house, he insisted upon his Charge; Watchmen, said he, I charge him with laying hold of me. We carried him before Alderman Davis, and the Prisoner had not any thing more to say, but that I took hold of him at the End of the Alley

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

Large. I know nothing more, but that there was a great Noise, and the Man that lost his Hat call'd Watch, Watch! With that I carried the Prisoner down to the Watch house.

William Beach. There was a great Riot in the Street about twelve o'Clock at Night; presently the Watchman brought up these two Persons; they had got hold of one another, Charge for Charge; Mr Frow charged the Prisoner, or his Accomplices, with stealing his Hat: The Prisoner had nothing more to charge Mr Frow with, than that he laid hold of him; that was all, and that is all that I know of the Matter.

The Prisoner in his Defence said, that as he coming by, that Gentleman (meaning the Prosecutor) took hold of him, and said, You Villain you have got my Hat. With that I push'd him on his Breech.

Guilty of the Felony, but not of the Robbery .

[Transportation. See summary.]

331. + Richard Green was indicted for stealing a Black-brown Gelding, value 8 l. the Property of James Downs . And

332. William Harman was indicted for receiving the same, knowing it to be stolen .

James Downs . I put the Horse to Grass beyond Marybone the 12th of July, but I never saw him from the 12th to the 22d.

Q. Was it ever found again?

Downs. The Field Keeper call'd and told my Wife he had heard of it, and that he had heard of it in St Giles's, that he heard one Mr Harman had such a Horse, and I went to Mr Harman to inquire whether he had such a Horse, and he said he had. From thence I went to Mr Hind's, and told him the Affair, and Mr Hind sent to his Collar-maker, and enquired what he had done with the Skin, and that was sent to Mr Cox's a Tanner in Southwark, there we found this Skin, the Skin of my Horse, which I believe I can swear to.

Q. Can you swear to the Skin of a dead Horse?

Downs. Upon seeing the Skin, Harman offered to pay me for the Horse; coming over the Water he offered me 8 s.

Court. Eight Shillings: You have laid the worth 8 l. Was this Skin of that dead Horse shewn you at the Request of Harman ?

Downs. At the Request of Mr Hind and Harman.

Court. Do you know how the Gelding was lost ?

Downs. No, not of my own Knowledge.

Cross Examination. Sir, I would ask you, when he went so readily with you to the Tanner's, and before the Justice, did not he tell you how he came by that Horse?

Downs. Mr Green is a Dealer in Horses, and Harman calls himself a Flesh-boiler.

Q. Did he tell you how Green came by him?

Downs. No.

Q. Did not he tell you this was a stray Horse, and had the Glanders, and was turned out.

Council. You have been valuing this Horse at 8 l. I would now ask you if this Horse, that you would not have taken 7 or 8 l. for, whether or no he was not a distemper'd Horse, was you not told by the Field-Keeper, that this Horse was turned out of the Field, because he should not infect others with the Glanders? And don't you know that this Horse stray'd up to Mr Green's House, and he gave him a Lock of Hay at his Door?

Downs. I heard Mr Green say so, but none else.

Q How far is Mr. Green's from this Place?

Downs. Above a Mile.

Council. I would ask you, did you not declare before the Justice that Harman was guilty of no Offence at all? Did you not declare before Mr Johnson that sits here, that you believed Harman was an innocent Man, and guilty of nothing? [These were close Questions put to Mr Downs, but I think his Answer was in the Negative ]

Q. to Samuel Lewis . Can you recollect any thing of the last Witness's having a Horse at Grass in July last ?

Lewis. On the 22d of July, Mr Downs came to enquire for his Horse; the Horse have been lately castrated. I look'd at the Horse if it were distemper'd; I found nothing was the matter with him. On the 22d of July, he came to enquire for his Horse; I told him it was in the Field; a Servant in my House went with his Man to look after it, and he told me it was not in the Grounds; so I called for the Field-Keeper to enquire, and he told me a Rail in the Bell-field was broke, there was none of Mr Downs's Horse to be found. On the 21st of July, I saw the Horse, and he gallop'd with the rest of the Horses, and I said that Downs's Horse comes on.

Q. Have you seen his Skin? can you swear that to be the Skin of Downs's Horse?

Lewis. The Skin is very much like it.

Cross Examined by Council. Might not this Horse be infected with the Glanders without your knowing of it; an Horse don't always run at the Nose when it has the Glanders ?

Lewis. No?

Q. Can you take upon you to say, that this Horse had not the Glanders?

Lewis. I believe it had not.

Isaac Ford . I am Field-Keeper.

Q. Do you remember any thing of this Horse of Mr Downs's that came in the 12th of July, what Order was he in when he came?

Ford. I can't say he was in exceeding good Order.

Q. How long have you been at this Business?

Ford. Three Quarters of a Year; but I had been but a Quarter of a Year in this Place.

Q. Had this Horse the Glanders?

Ford. Not to my Knowledge.

Q. Did you perceive any Disorder in the Horse?

Ford. He had got a Cold in his Head.

Q. When was the Horse miss'd?

Ford. I miss'd it the 21st of July. I went to enquire after it, and I heard of it at one Mr Green's.

Q. Did you go to Green?

Ford. I heard of it by the Neighbours. I did not see the Horse at Green's.

Q. Did you go any where else to seek after him?

Ford. I went to Harman's, and I ask'd him if he had bought such a Horse, and he told me that he had, that he had bought the Horse and paid for him; and I said, that was enough for me; I ask'd him if he had bought a black-brown Gelding, and he said he had bought such a one of one Green.

Cross examined. Did you see Green at all?

Ford. When he was taken, but had no Talk at all.

Q. What was the Value of the Horse when he was lost ?

Ford. To the best of my Knowledge the Horse might be worth about 7 l.

Q. You admitted that this Horse had got a great Cold. I would ask you whether this Horse did not run at the Nose ?

Ford. He had run at the Nose, but he was got a great deal better.

Council. Now when you had this Discourse with Harman, and he told you that he bought this Horse, did he not tell you that the Horse died of the Glanders?

Ford. He told me that the Horse was dead, and if he had not died he would have killed him.

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

Harley. Yes, Sir. All that I know is, that I saw him take a black-brown Gelding out of a Boy's Hand.

Q. Did you take notice what he was?

Harley. He was running just as if he had got the Glanders.

Q. Did you know that to be Downs's Horse?

Harley. I did not.

- On the 23d of July I help'd Mr Green to grease and clout his Cart; after that I went down St Giles's and got a Dram, and coming back again he had this Horse tied to the Cart-Wheel, and Hay before him.

Q What Condition was he in?

- He ran at the Off-Nostril, and bled at the Near-Nostril. Both the Prisoners acquitted . They petitioned for a Copy of their Indictment, but it was not granted. Mr Downs received a Reprimand from the Court for commencing such a Prosecution upon so very slight and uncertain Evidence.

333, 334. Samuel Waring and John Sudger were indicted, for stealing four Deal Boards value 2 s. and three Deal Joists value 2 s. the Property of , July the 25th .

Q to John Gardener . Do you know the Prisoners at the Bar, what have you to alledge against them?

Gardener. This hither one, Waring, I catch'd carrying away some Boards; four Deal Boards, belonging to the Parish of Cripplegate and St Luke's. I have often detected them, and they were flinging a Brick at me. I caught him with four Boards coming up from the Alley.

Q Do you know, whether he had them from the Houses belonging to the Parish?

Gardener. It was from that House by his own Confession.

Q. What did he say?

Gardener. He said he had them from the old Houses in our Parish.

Q Where are they situated?

Gardener. In Gun yard.

Q Who was along with Waring?

Gardener. Surgon was along with him, and he went and followed the others, and this Fellow throw'd them down, and was like to throw them down upon our Common Council-man's Leg.

Q. Who is Surgon ?

Gardener. He is not taken.

Q. to Oliver Hunt . Do you know the Prisoner at the Bar?

Hunt I saw Waring with the Boards upon his Shoulder, and just as he came at my Door, Mr Gardener call'd out, Stop him, Stop that Rogue. I leap'd out in order to stop him; I had not got three Yard but he threw the Board down and ran away.

Thomas Jackson . I am Constable. I took up Waring, and he own'd he was guilty in stripping this House. He own'd it before Justice Bellamy, and he committed him.

Q Have you any Thing to say against Sudger ?

Jackson I have a List of Half a Score that have done a great deal of Damage.

Q. to Thomas Holland . What have you to say on the Behalf of the Prisoner Waring?

Holland. I have known him twelve Years. I never knew him wrong Man, Woman, or Child; I take him to be an honest Lad.

Mary Cobb . I have known Waring's Parents for five and twenty Years.

Q. How long have you known him?

This Witness, who aim'd to be more abundant in Character than the rest, she answer'd, That she knew him before his Birth, and that he was born of honest Parents.

Anne Spillman . He has frequently work'd with my Husband, and none can give him an ill word?

Anne Simmonds . I have known him seven or eight Years, and I never knew him to wrong any body.

Jane Hutchinson . He has the Character of a very honest Lad.

Q. to Mr Gardener. Are these Houses lock'd up?

Gardener. They have been fenc'd up with double Deal. They have done a great deal of Damage. I have a few Houses hard by. I have lost a pretty deal of Leaden Pipe. &c.

John Sudger acquitted , Samuel Waring guilty .

[Branding. See summary.]

335. Hugh Roberts was indicted for stealing 2 s. the Property of Philip Grafton , September the 2d.

Grafton. The Prisoner has robb'd me of several. Sums of Money, but 2 s. in particular.

Q. When did he steal 2 s. from you?

Grafton. On Wednesday Evening.

Q What is the Prisoner?

Grafton. The Prisoner is a Porter that I employ.

Q. What did he do on Wednesday last?

Grafton. I having a Suspicion of him for some time, and the Tuesday before I mentioned it to my Apprentice, and he said, he was afraid it was too true; so Joseph Boon, my Apprentice, he puts some Money into the Till, and hides himself, that he did not see him, and he saw him take some Money out.

Q. Was any Money found upon him that you can swear to be your's? What was the Money you gave to your Apprentice to put in?

Grafton. I gave him three Half Crowns, four Shillings, and three Six-pences.

Q. Was all this mark'd?

Grafton. Every one.

Q. Was this in the Morning or Afternoon?

Grafton. I gave him the Money about Noon, to the best of my Rememberance. The 2 s. was found upon the Prisoner on Wednesday Evening. He was search'd in my Presence.

Joseph Boon . I am an Apprentice to Mr Grafton.

Q. Do you know of any Money Mr Grafton gave you to put into the Till ?

Boon. He gave me thirteen Shillings; three Half Crowns, four Shillings, and three Six pences.

Q. Did you observe Marks upon these Pieces?

Boon. Yes, my Lord; about seven o'Clock I laid them in the Drawer.

Q. What was the Reason of your putting in mark'd Money?

Boon. Because we had a Suspicion that the Man had taken Money out of the Drawer. I told my Master of it, and we mark'd some Money.

Q. Did you put all this Money into the Till ?

Boon. All, my Lord. I saw his Hand in the Drawer about a Quarter of an Hour after I laid it in. I was concealed in the Shop.

Q. Do you intrust him in the Shop ?

Boon. No, my Lord; there is three in the Shop to serve besides, therefore he has no Business at all at the Drawer. The Candle was on the Counter, and the Till is so placed that I could see it.

Q. Was he search'd upon this?

Boon. He was search'd between the Hours of seven and eight.

Q. How much was missing?

Boon. Two Shillings.

Q. Where was this 2 s. found?

Boon. Found in the right Side Pocket.

Q. Was any Body else besides you present?

Boon. Yes, Mr Daniel Demee . He took it out in my Presence; he took out 2 s. I saw them in his Hand, and they are the Shillings put into the Till; they are both mark'd P.

Daniel Demee. I am a Neighbour of Mr Grafton's. I was at the Coffee-house on Wednesday, between seven and eight o'Clock, and Mr Grafton was giving me an Account of the Affair that happen'd between him and his Servant, who had robb'd him several Times. As he was giving me this Account his Apprentice came in, and told him, he had caught the Porter taking Money out of the Till. There was a Constable planted to charge him if he was guilty. The Man clapt his Hand into his Pocket, and did not bring it out so quickly; so I desired him to slip his Breeches off; accordingly the Man happen'd to give me his Breeches, and I took the 2 s. out of his Pocket, which was marked P.

(The 2 s. were produc'd in Court.)

Upon that his Box was examin'd, which was above Stairs, and in that Box was found a Taylor's Bill of 13 l. He confess'd he had taken Money several Times out of his Master's Till; and in all upwards of 11 l.

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

Prisoner. It is all done out of Spight.

Q. Have you any Witnesses ?

Prisoner. I liv'd with a Distiller in Drury-lane, but I could not send to him. They took away all my Money.

Guilty .

[Transportation. See summary.]

336. + Anne Williams was indicted for Petty-Treason and Murder; and the Indictment sets forth, That she, upon the 21st Day of July , not having the Fear of God, and being mov'd by the Instigation of the Devil, being then the Wife of one Thomas Williams , feloniously, traiterously, with Malice aforethought, did make an Assault, with a Knife in her Right-Hand, in and upon the left Side did feloniously strike or stab, giving the said Thomas Williams upon the said left Side one mortal Wound, the Breadth of one Inch, and the Depth of six Inches, of which Wound he instantly died . She was likewise charg'd with the same Murder by the Coroner's Inquest.

Susannah Hill. I live in Field-lane; our House faces the Court where the Prisoner lived. I live over against the Blackmore's Head.

Q. When was this?

Hill. I can't say the Day of the Month, but it was between three and four o'Clock in the Afternoon. I think it was about six Weeks ago I heard Murder cry'd out several Times. I ran into the Court where she liv'd, and I saw Mrs Powel, and she cry'd out Murder. She had a Shoemaker's Knife in her Hand all over bloody. I ask'd her what was the Matter ? She said, Mrs Williams had killed her Husband. I went up Stairs into Mrs Williams's Room. I went into one Room and then into the Bed-Room.

Q Had they a House, or only Lodgings?

Hill. I can't say. When I went in there I saw the Deceased lie on the Ground. I think he was not dead. I think I saw his Eyes move. I think he was not quite dead, but he did not speak. When I went in Mrs Williams was towards the Head of him, Mrs Williams, so call'd; she had one Hand towards his Nose, and the other Hand closing his Eyes.

Q. Did you see any Blood about him? Was his Clothes off or on?

Hill. His Clothes were on. And I said, Mrs Williams, you have kill'd your Husband. She said, she had not, for he fell upon the Knife, and did it himself. When he was turn'd up, to the best of my Knowledge, the Wound was under his Blade Bone.

Q. Where was the Wound, in the fore part or back-part?

Hill. In the Back part.

Q. Was his Clothes pull'd off?

Hill. They turn'd him upon his Face and his Clothes were turn'd up; the Blood was in a Clodder about the Bigness of a Halfpenny Saucer.

Q. Was it on the right Side or the left?

Hill. I think on the right, but I can't say, I was in such a Fright. I said, Oh! Mrs Williams, do you think this Wound can be given him by a Fall upon the Knife. Then she put her Hands together, and said several Times, I did it, I did it, I did it, a great many Times over.

Anne Powel . I live the very next Door to the Prisoner. When I came home, between three and four o'Clock in the Afternoon, it was on a Tuesday, but the Day of the Month I can't tell, and the Nurse that nurss'd her Child, that suck'd at her Breast, she call'd me up. Powel, says she, come up, there is Murder done. Upon that I went up directly, and in the first Room I saw nothing at all; in the next Room I saw him lie with his Head toward the back Window, upon his Back.

Q. Was he alive then?

Powel. He was neither alive nor dead; his Eyes twirl'd; he could scarcely draw Breath. I saw him lying on his Back, with his Head to the Window, and his Knees laid up a little crooked.

Q. Was the Prisoner in the Room?

Powel. I saw her upon her bended Knees, stroking his Mouth up, and his Eyes up so, and said my Tommy is dead, my Tommy is murder'd

Q. Did she say who murder'd him?

Powel. No, Sir. I went to stretch his Legs out, and there was as much Blood as would fill an Half-penny Saucer, all in a Clodder; then coming down Stairs I saw the Knife in the Fore-Room, where he used to work.

Q. Was the Knife bloody?

Powel. It was bloody up to the Handle, and I took the Knife and brought it down in the Yard. When I came down there was an Oration quickly made, and the Neighbours came in. There was one Mr. Taylor came in, and saw the same Action, of closing his Eyes and Mouth.

Q. Did you see the Wound?

Powel. I did not see the Wound.

Prisoner. Pray ask her, whether it was not off the Box that she took the Knife?

Powel. It was off the Box that he sat on; he had no Seat; I found the Knife where all his Tools laid.

Q. Was there any Blood in the Fore-Room?

Powel. Not a Bit of Blood in the Fore-Room; his Head was down upon the Ground, and she was closing his Eyes, and said, My Tommy is dead, My Tommy is kill'd.

Edmund Brewer . I live right over against where the Murder was committed. I was standing at my Kitchen-Window, and the Prisoner came out, and cry'd, Murder, Murder. I did not go over, but she came a second Time; and cry'd, Murder, Murder, I have killed my poor Tom.

Q. Why did you not go upon the Cry of Murder ?

Brewer. Because it was a common Thing, she often cry'd out Murder; but I can't say that I ever heard him cry Murder.

John Carpenter . As I was at Work backwards, and hearing a Tumult that Mrs Williams had kill'd her Husband, upon that I went up Stairs, and saw the Man lie upon the Ground, and she upon her Knees, with one Hand to his Mouth, and her other Hand closing his Eyes; and I said, Mrs Williams, how is this, you have done some Mischief, the Man is dead ? And I perceived some Blood. I laid over the Bed, to feel where the Wound was. I says, you have killed your Husband; how could you do so? With that, says she, I have not kill'd him. I said, You are a vile Jade, you have kill'd him. Then she clapp'd her Hands together, and said, if I have, I am here ready to suffer for it. I said, here's Blood, the Wound is in his Back.

Q. Did you turn him up?

Carpenter. The Women said I did, but I did not.

Q. Did any body turn him up?

Carpenter. Not while I was there, my Lord, I put my Hand under and put my Finger in the Wound, and as near as I can guess it was under his Shoulder; but I can't say which Shoulder.

Q. Was there Blood in the Room?

Carpenter. The Blood lay under his Loins.

Court. Then you said, here is the Wound; you Jade, you have certainly kill'd him.

Carpenter. Yes, Well, says she, I have, my Tommy is kill'd, is dead, and I am here to suffer for it.

Court. Are you sure of these Expressions ?

Carpenter. I am sure she said, my Tommy is dead; if I have killed him I am ready to suffer.

Q. Was there any body else in the Room ?

Carpenter. There were several Women in the Room, but I did not know them.

James Hicks , Surgeon. I was sent for to examine the Wound, and I found it an Inch long under the Shoulder; and upon examining with my Probe I found it enter'd the Cavity of the Thorax, and it was about six Inches deep.

Q. Was that, in your Opinion, the Occasion of his Death?

Hicks. Undoubtedly it was the Occasion of his Death.

Q. Could you form any Judgment what Instrument it was done with?

Hicks. With a Knife.

Q. Had you any Knife to try whether it tally'd with the Wound?

Hicks. I had not.

(The Knife produc'd in Court.)

Court. Let Mr Hicks see that Knife.

Hicks. It seems to tally with the Wound.

Q. Do you think it could be done by his falling upon that Knife ?

Hicks. Not without the Knife was to stand upright. I think the Man would not take that Pains to do it himself.

John Davis , Constable. I don't know any thing of the Fact; but one told me there was a Murder committed, and desired me to take the Person into Custody. Accordingly when I came, I took her to my Lord Mayor; there appeared two or three Witnesses against her; one produc'd a Knife, and said that they found it all bloody, and this Apron was taken from her Side at my Lord Mayor's; he desired that I would take this, and the Knife, into my Possession; it was in this Manner stained with Blood.

Q. Did you hear the Prisoner say any thing ?

Davis. The Prisoner did say, that they had had Words, and she push'd him, and he fell against the Knife, that is what she told me.

Prisoner. This Mr Williams that I lived with. I never was married to him; I have had four Children by him - I was just come from Market; I sell Fruit and Things - When I came Home he begins his Airs as usual in striking and beating me; he struck me across my Eyes and Nose; I says, What is that for? D - n you, you must go out. I says, Do you design to sit down to your Work to day? D - n you you Bitch, says he, and bit my Finger very much, and with struggling together close by the Box, we fell upon it; I got up first, and I said, Tom, Tom; he ran directly, and cry'd Lord, Lord, and run into the back Room, and fell over the Bed: When I saw him sit at the Foot of the Bed, and not stir, I said Tom, Tom, and he made me no Answer: I then said, For God's Sake, for Christ's Sake, come up somebody, I believe my Husband is dead. Sarah Mascall she came from my Child's Nurse's, and said, don't frighten your Wife.

Q. to Sarah Mascall . Have you any thing to say?

Mascall. I have nothing further, than her Husband and she seem'd to have some Words; I had a Child at Nurse in the same House - I am a Servant. When I went to see the Child, she cry'd out for somebody to come to her Assistance; I said to Nurse, I would not have you go down, there is nothing to be said between a Man and his Wife.

Q. What did she say?

Mascall. Somebody came to assist me; when I went down, the Man lay a-cross the Washing-tub and Floor; I said, Mr Williams don't frighten your Wife? I helpt her, and I said I believe he is dead: I said, is he in a Fit, or what is the matter ? She said, she did not know. I said, I believed he was dead. When she let his Head go, it went down again as one dead, and I heard her say that her Finger was very much bit; she said when he bit her Finger, that he fell down upon the Knife; certainly he might fall down - I imagined he did so; I can't tell.

George Taylor . I am a Fruiterer in the Fleet-market. I know nothing of the Fact, but the Woman always seemed an honest industrious Person. I seldom saw her in the Market scarce a Month together, but I saw her with black Eyes, and her Face bruised some way or another. I know nothing of the Fact, only the Woman used to take Care to get an honest Livelihood. I believe she was very badly used.

Guilty of Manslaughter .

[Branding. See summary.]

337. Thomas Brown was indicted for Felony and Bigamy. In the Indictment, he is charged with marrying one Anne Mussels , at May Fair Chapel, the 9th of February; and, upon the 21st Day of August , did marry one Susannah Watts , the said Ann Mussels , his former Wife being alive .

Council. Gentlemen, this is an Indictment against the Prisoner at the Bar for Bigamy; and the Indictment sets forth, That Thomas Brown on the 9th of February, at the Parish of St George's, did marry one Anne Mussels , and that the said Tho Brown , on the 21st of Aug. did marry one Susannah Watts , Spinster, his former Wife being then alive. Gentlemen, the Fact in this: The Prisoner at the Bar he is about twenty-three Years of Age, by Trade a Tobacconist , and lives in Long-Acre; Susannah Watts , the Prosecutrix, she is a young Woman of twenty-two Years of Age, and lives with her Mother in great Credit near Grosoener-square. Anne Mussels was a Servant-Maid that liv'd some where near Clare-Market. Mrs Watts, and two other young Women, coming from Hampstead, the Prisoner at the Bar insinuated himself into their Company, as they were going into a Publick-house to drink a Glass of Cyder. He desired afterwards to wait upon her Home, and then begg'd Leave to make her a second Visit, pretending to maintain her in a reputable Manner. By this means he insinuated himself so far into her Affections as to marry her. The first Marriage was on the 9th of February at May-Fair Chapel; the second Marriage the 21st of August, at the Anchor and Crown at Fleet-ditch, by one Prichard a Fleet Parson. We will call our several Witnesses to prove the Identity of the two Marriages.

Q. to James Drummond . Do you know the Prisoner at the Bar ?

Drummond. I can't say I can mind him, but as it appears by the Book and Licence, he was married at our Chapel, May-Fair Chapel.

Q. Who is the Parson of that Chapel ?

Drummond. Mr Keith.

Q. What is that Book in your Hand ?

Drummond. The Register-book.

Q. Who is the Person that keeps the Register?

Drummond. Mr Keith himself.

Q. Is there any Form of Prayer used there?

Drummond. No Prayers, but Marriages.

Q. Are you Clerk there ?

Drummond. Yes, Sir.

Q. Does Mr Keith officiate in that Chapel ?

Drummond. He has a Person to officiate for him; one Mr Walker marries, and I carry the Licences to Mr Keith, and he registers them.

Q. Was you in this Place in February last ?

Drummond. I have belong'd to it these two Years.

Q. Were those Entries made by Mr Keith ? did you see them entered ?

Drummond. I carry the Licences to him every Night.

Q. to Jane Hool . Was you present at any time in May-Fair Chapel, when the Prisoner at the Bar was married to any Person?

Hool. He was married there to Ann Mussels the 9th of February last.

Q. Can you recollect who the Parson, or Clerk, was, that married them ?

Hool. I can't say.

Q. Was the Ceremony performed according to the Rites and Ceremonies of the Church of England ?

Hool. Yes, Sir, as far as I know.

Q. Did you know the Prisoner before ?

Hool. I knew him about half a Year before.

Q. Did you know Ann Mussels ?

Hool. Yes, Sir, very well.

Q. to Susannah Watts . Do you know the Prisoner at the Bar ?

Watts. Yes, Sir.

Q. How long since you became acquainted with him?

Watts. The first of August, Sir, as I was coming from Hampstead he overtook us, as we were going into a Publick-house to have a Glass of Cyder.

Q. What Business did he tell you he was of?

Watts. A Tobacconist.

Q. Did he ask you any thing in relation to your being married or single?

Watts. Yes; he ask'd me if I was single. After we had drank a Glass of Cyder, he waited on me Home; I live by Grosvenor-square, and he came the next Day.

Q. Did he make his Addresses to you in a way of Marriage ?

Watts. Yes.

Council. So he gained your Consent. - Give the Court and Jury an Account where you and he was married. Was you married at the Fleet ?

Watts. Yes.

Q. At what Place ?

Watts. At the Anchor and Crown.

Q. Was the Ceremony performed by a Clergyman, or a Person in a Clergyman's Habit ?

Watts. It was.

Q. Was any body present besides yourselves?

Watts. Only John Prichard.

Q. After this Marriage, did you live with him, or commit with him ?

Watts. We went to Enfield; we went on the Friday, and there we couthrued as Man and Wife till Tuesday.

Q. Now young Woman, what was the Reason that you did not continue with him longer ?

Watts. He brought me Home to his House, and there was his Wife.

Q. Where was his House?

Watts. In Long Acre.

Council. When you came to Long-Acre, another Woman claimed him ?

Watts. Yes.

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

Prichard. I have seen him once before. I am a Carver by Trade, and I keep a Publick-house.

Court. And I hope you will be prosecuted for it.

Prichard. I hope not.

Q. Was the Prisoner married to any body there ?

Prichard. He was married to the young Woman that stood here.

Q. Who performed the Ceremony ?

Prichard. One Mr Crawford.

Court. And you officiated as Clerk ?

Prichard. Yes, Sir.

Q. to Susannah Watts . Did this Anne Mussels , when you came to Long-Acre in your Return, appear an inferior Person, you said his first Wife claim'd him, was that Anne Mussels ?

Watts. I did not know her before.

Q. What Name did she go by?

Watts. By the Name of Mrs Brown.

Q. In what manner did she claim him?

Watts. When I came in, she said, Are you his Wife? I said, Yes. He deny'd it at first, at last he owned she was his Wife.

Guilty .

As the Sentence of Punishment was going to be pass'd upon the Prisoner, he had his Crime set before him in a moving manner; as what had a Number of other Crimes-included in it, as a Robbery and a Rape, and often the Ruin of Persons and Families, and they hop'd they should live to see this Crime punished with Death.

[Branding. See summary.]

338. + Elizabeth May , otherwise Roel , was indicted for assaulting Joseph Hall on the King's Highway, and putting him in corporal Fear and Danger of his Life, and stealing 3 l. 12 s. and three Guineas, and 2 s. in Silver , the Property of the said Joseph Hall, July the 18th .

Joseph Hall Between ten and eleven o'Clock, as I was going out of the Fox Alehouse, this Woman was standing at the Corner of Russel-street . She comes up to me, and ask'd me, Whither I was a going? And I walk'd about ten or fifteen Yards; and there was a Man came up, and she; the first Question she ask'd me was, Whither are you going? I ask'd her, What was that to her? So I walk'd on, and then she attack'd me, and thrust me up to the Wall, and took my Purse.

Q. Did the Man do any Thing to you?

Hall. I don't know that the Man touch'd me; she gave me a Blow and I fell against the Wall.

Q. Did that Blow beat you against the Wall or Door; Where did the Blow hit you ?

Hall. The Man was between me and the Post; then she put her Hand into my Pocket and took out the Purse that my Money was in; there was one 3 l. 12 s. Piece, and three Guineas, and 2 s. in Silver.

Q. Did you take the Woman up?

Hall. I was so surpriz'd I did not take her up that Night, but I said I was robb'd, and I describ'd the Woman. They mention'd her Name; they said she was got amongst her Gang to Night, but the next Morning I might find her at such a Place.

Q. Did you cry, Stop Thief, or Murder ?

Hall. I was really afraid, my Lord.

Q. Was not the Watch set at that Time?

Hall. I saw none.

Q. Did she use Violence to you?

Hall. She forc'd me against the Wall, and put her Hand into my Pocket.

Q. How long had you been at the Alehouse?

Hall. About Half an Hour; I was Lame at that Time.

Q. When was she taken up?

Hall. The next Morning I saw her, and told her about the Thing, but there were three or four of her Companions, or her Accomplices; that is, People that are her daily Companions; they began to curse and swear, what did I want with her ?

Q. Did you find her Name out?

Hall. The Constable told me her Name, and he went and fetch'd a Warrant for her, and the mean Time she was gone: The Constable told me her Name was Elizabeth May .

Q. Was this a dark Night?

Hall. It was middling. It was not a dark Night, and there were Lamps, that I could discern her.

To the Prisoner. Would you ask him any Questions ?

Prisoner. I never saw him till he employed one Macdonald, who makes it his Business to take People.

Hall. Macdonald took her by Ludgate-hill, or some where.

Sophia Wilson . The Prisoner lodges with me. I live in Wild-street.

Q. Are you a Housekeeper.

Wilson. I have a Place furnish'd of my own; I take in Washing; my Husband is at Sea on board a a Man of War. I have known her a good many Years; she ha lodg'd with me about Half a Year. The Day that he swears to is the Day when the Women play'd the Cricket-Match. This Woman went with me into the City for Mr Locke's Linen to the Back of the Royal Exchange, and stay'd there till 10 o'Clock; it was of a Monday, I can't till the Day of the Month.

Q. How has she behav'd?

Wilson. Very honest, and very soberly. I never saw any Thing else by her. She was with me when the Gentleman came in and gave me his Linen, and said, it was a Quarter of an Hour after Ten; he lodges at one Mrs Hunter's, the Back of the Royal Exchange.

Q. How came you to go so late?

Wilson. I went at seven o'Clock, but he was gone to the Cricket-Match, and we stay'd till he came home. And she laid in the same Bed with me, and never went over the Door afterwards.

Margaret Bush . I live in Russel-street, Covent Garden, I am Servant to one Mr Goddard a Wine-Cooper; he came into my Master's House. My Master lives next Door to the Crown and Cushion in Russel-street, he came in, and charged me with the Watchman, and said, I was his Prisoner. He charg'd me with robbing him.

Q. to Hall. What House did you go into that Night to complain of your being robb'd.

Hall. I believe Pullman's. I don't know her by any other Name.

Mary Johnson . I lodge at that Mr Goddard's, and the Prosecutor came in with one Giles a Watchman.

Q. What Trade does this Goddard follow?

Johnson. I don't know; a Kind of a Shop. This Hall, he brings in the Watchman, I comes down and saw them with the Girl.

Q. Do you know the Prisoner ?

Johnson. No. I don't know any Thing of her but in a civil Way.

Margaret Mills . I live at Goddard's. I was accused for the same Thing, and he carried me down Russel-street, and Covent-Garden. I sent to my Mistress, and she ask'd him, how he could charge an innocent Woman. So he discharg'd me, and said he was in Liquor, and a Fortnight afterwards he gave me 6 d. He said he had charg'd me wrongfully. This was at the Fox Alehouse in Drury lane a Fortnight after that. He offer'd me a Crown the next Morning not to come to speak for this Woman. It was at the Plough Alehouse; there were present at that Time Mr Body, Macdonald, and another Man.

Leonard Lee . I am a Taylor.

Q. What is the Prosecutor's Character?

Lee. He has a very good Character. My Lord, he is a very honest Man.

Q. to Body. Was you at the Plough Alehouse when he offered Money to this Woman?

Body. No, my Lord.

Acquitted .

339. Mary Read was indicted for stealing on the 12th of August , five Yards and a Half of Nankeen, value 10 s. the Goods and Chattels of Daniel Demee .

Daniel Demee . On the 12th of August last, as I was coming home, a Gentleman in Court brings the Prisoner into my Shop, with a Piece of Nankeen in her Apron. The Gentleman saw her take it, I did not.

Joseph Staines . I was standing at my Door the 12th of August, about thirty Yards from this Gentleman's, I saw the Prisoner take it off the Bulk, and she brought it within a Yard of me; so I stopp'd her, and took her to the Shop, and the Gentleman miss'd it, and he took the Nankeen out of her Apron.

The Prisoner had nothing to say in her own Defence; but said, she could have a Da and more from Greenwich to her Character.

Guilty .

[Transportation. See summary.]

340. Mary Pebworth , otherwise Smith , was indicted for stealing one white Damask Gown, value 40 s. one red Damask Gown, value 36 s. one Holland Apron, value 5 s. five Caps, value 7 s. &c. the Goods of Thomas Young , June 16 .

Tho Young . On the 9th of June the Prisoner come to live as a Servant with me. On the 16th she gets up in order to go to washing. She told my Spouse she would get up at one or two o'Clock in the Morning. My Spouse said she did not desire her so soon. She said, five would be soon enough. Two o'Clock in the Morning the Watchman came, and my Door was safe; at three o'Clock he call'd me up, with the Door wide open. As soon as we heard of it my Wife mistrusted that she had robb'd her. My Wife desir'd me to go to her Chest, to seek after her Gowns, and we found two Gowns missing, a white Damask Gown, and a red Silk Gown. Then I went down into the Kitchen, to see after the Linen that she was to wash that Morning, and that was gone. Upon missing these Things I went all the Day seeking after her, but I could not find her.

Q. How long have you had her in Custody?

Young. About six or seven Weeks, when we took her up, we had her before the Justice, she had nothing to say for herself. The Prisoner said, she had sold one of the Gowns and a Sheet for a Guinea, to Mrs Grah am.

Q. to Samuel Prior . Do you know the Prisoner at the Bar ?

Prior. I am an Apprentice to Mr Harrison in St Giles's.

Q. Do you know the Prisoner at the Bar?

Prior. I can't say that ever I saw her before. She brought the Gown to my Master; a white Damask Gown, and a Napkin that wrapp'd it in. She pawn'd the Gown for a Guinea. I am sure the Prisoner at the Bar is the Person; and about two or three Days afterwards it was put in the Advertisement.

Q. In whose Name was it put in?

Prior. In the Name of Eliz. White. When my Master saw it in the Advertisement he sent a Letter to Mr Young, and told him, he had got such a Gown. She said she was just come out of the Country, and wanted a little Money. She said she lodged at Mrs Graham's, but we could not find her. About three Weeks after, the 16th of July, she came into our Shop, with another Woman, to fetch the Gown out.

Q. to Mary Graham . Do you know the Prisoner at the Bar?

Grayham. I don't know her any otherwise than a Woman brought her to me to lodge; a Woman that I have known ten Years.

Q. Did she lie at your House?

Graham. She never laid but one Night. I never saw her but once.

Q. Is she the Person?

Graham. Yes, my Lord, she is the Person. She is very remarkable. She brought that red Damask Gown, and I gave her a Guinea for it and the Street. She said, that her Husband had married another Wife, and the Clothes would be troublesome for her to carry.

Guilty .

[Transportation. See summary.]

341. Catherine Davidson , otherwise Mary Southouse , was indicted for stealing, on the 25th of April , one Silver Mug, value 20 s. one Cream Pot, value 10 s. one Pair of Tea Tongs, value 5 s. 5 silver Spoons, value 3 s. one Pair of Silver Knee-Buckles, value 3 s. three Yards of Irish Cloth, value 3 s. in the Dwelling-House of Edward Davies .

Davies. The Prisoner at the Bar came to live with me as a Servant the 24th of April last, and went away the next Morning, and took the Things mentioned in the Indictment.

The Prisoner denied she ever lived with the Prosecutor.

Mary Davies . I am the Wife of Edward Davies , I hired the Prisoner for a Servant, but I hired her by another Name; it was in Easter Week in April. She came the Friday, and on Saturday Morning she took the Things mentioned and went away.

Q. to John Harwing Pawabroker . Do you know any Thing of the Prisoner? Did she pawn any Thing to you?

Harwing. She pledged this Piece of Plate to me 27th of April. She is the Person. I have seen her divers Times.

Davies. She told me, when I hired her, that she had lived with an Apothecary in Aldermanbury.

Acquitted by the Act of Grace.

342. Ann Welch was indicted for stealing one Silk Gown, value 20 s. three Yards of Damask, value 4 s. one Velvet Cap, value 12 d. The Goods of George Hawkins .

George Hawkins . I live in Monmouth-street . I lost, Sir, in a Week, at different Times, a great many Things. Mrs Welch, she came, as different Times, to this Girl, and tells her, she was a pretty Girl, and it was pity she should live in such a Place, for such trifling Wages. My Wife told me we had lost several Things.

Q. When was it that you lost these Things ?

Hawkins. We miss'd the last of the Things the 31st of July. The green Gown was the last Thing we miss'd.

Q. What Reason had you to suspect the Prisoner ?

Hawkins. By the Girl's telling of me she came several Times. We had made some Enquiries about it. There was a Woman that cries old Clothes, she sent for me, and told me, she had seen a green Gown at such a Pawnbroker's; upon that I goes to Mr Johnson's the Pawnbroker, at the Corner of Russel-street. His Servant that took them in is here. His Name is Thomas Brown . When I told him I had lost such a Thing, he said, I should see it. I desired him to stop her when she came again. He said there was no fear of her coming again, for she was to come to have more Money upon it; and when she did come I takes the Girl along with me, and she said, This is the Woman that has come so often to our House. When the Girl came in, the Prisoner said, You B - h, what do you do here ? And when she saw me, she said, Sir, don't make a Noise, I am ruin'd; the Gown is your's, but I did not steal it. The Pawnbroker look'd, and found the Damask which was ours. Afterwards we found the Cap, but we can't tell who pawn'd it. She deny'd the Damask; but she said the Gown was mine, but she did not steal it.

Thomas Brown . I am an Apprentice to Mr Johnson, the Corner of Russel-Court. The Prisoner at the Bar brought this Gown to me the 31st of July.

Q. Do you know her?

Brown. I know her very well. I have known her about three Weeks or a Month. She brought the Silk Gown to me the 31st of July, and she wanted no more than eighteen Pence upon it. I made no Words of it, she look'd very well. Soon after there was a Woman that buys and sells Things, she said, this Gentleman has been robb'd of many Things, particularly of a green Gown. I said I took in a green Gown. She went by the Name of Henry to me.

Q Who told you this?

Brown. One Warren. I said, if she had stole it I should see her again. So she sent in the Afternoon for more Money. I said we did not lend any Thing except the same Person comes. So she came herself, and I tells her to stay a bit. Upon that the Woman that was with her said, the Gown was stole. So I sent for Mr Hawkins, and kept her there in the Shop. She wanted to get away sadly. She brought this blue Damask and the Cap before that, about three or four Days, and all in the Name of Ann Henry . She was clear'd by the Act of Grace the last Sessions.

Elizabeth Morgan . I live with Mr Hawkins.

Q. Do you know the Prisoner at the Bar ?

Morgan. Yes, Sir. She came one Morning, and ask'd for a Camblet Petticoat, and said I grow'd a little; I said I grow'd pretty big. And another Morning she came, and ask'd for a Camblet Petticoat, and a left-off Cloke; I told her we had none, and she ask'd the Price of some Clothes. She came again of a Friday Morning, and ask'd for a Camblet Petticoat and some left off Things; and she came another Morning, and went behind the Compter; while I turned up my Bed, she said I was a pretty Girl, and she could help me to a Place in Lincoln's-Inn-fields of 3 l. a Year and the old Clothes. These Things were miss'd of a Saturday. The Prisoner was there several times, but I did not see her take the Things.

Q. Did you afterwards go to the Pawnbroker's; who did you see there?

Morgan. I went there and I clapp'd hold of her, and I said, this was the Woman that use to come to me in the Morning, and ask the Price of Things.

Prisoner. I was in the Shop several times, but as to taking any thing I never did. As for the Damask and Cap, I never pawn'd; and as to the Gown, I pawn'd it. There was a young Woman out of Place, and desired me to get something for it.

Guilty to the Value of 4 s. 10 d.

[Transportation. See summary.]

343. Ann Gregory was indicted for stealing eighteen Yards of printed Cotton , the Property of James Bayley , July the 25th .

James Bayley . On the 25th of July the Prisoner was sent of an Errand to my House. She enquired for one Wilson that lodges at my House. My Wife told her he was not within; so my Wife went out of the Shop to shut the Street-Door at the same time the Prisoner reach'd over her Hand, and took thin Piece of printed Cotton out of the Shop.

Q. Was you at Home ?

Bayley. No.

Q. Is your Wife here ?

Bayley. My Wife is ill a bed.

Q. What did you hear the Prisoner say?

Bayley. She acknowledged before two Witnesses, that she had carried it to Hog lane, to a Green Shop in St. Giles's. She acknowledged she had taken this Piece of Cotton. I have been robb'd before nine or ten times.

Q. Did she produce the Cotton?

Bayley. She begg'd the Favour that I would not take any Notice of it to her Mistress, or Relations.

Q. And what did you tell her?

Bayley. I told her I would take no further notice of it; but I says, seemingly to me this don't seem to be all the Cotton, I fancy if you have not cut off some, the Person where you carried it has? When I came Home I measured the Piece of Goods, and I thought I could tell there was five Yards cut off from it, and I sent to her Master, and her Mistress tax'd her, but she never acknowledg'd it till twelve o'Clock on Monday.

Q. Was you by when she acknowledged it?

Bayley. I was; but it was a great while before her Mistress, and the Person that recommended her to her Mistress, could get her to own it; after this, they went to the Pawnbroker's and got the Goods.

- Cockayne. On the 25th of July, she said, in case the Prosecutor would go with her, she would help him to his Linen: accordingly I went with her, and saw her deliver the Goods to him, she owned she took it out of the Shop.

The Prisoner had nothing to offer by way of Defence.

Guilty .

[Transportation. See summary.]

344. + Jane Flowers was indicted for stealing twenty-seven Guineas and a half , the Property of William Allen , August the 18th .

William Allen . I took the Prisoner at the Bar from the Parish Workhouse in Beech-lane, about five Weeks ago, there were two Guineas found in a Bird-cage, which gave me some Suspicion; then I tax'd her how she came by the Things she had bought? At first she told me, that her Uncle had sent them out of Oxfordshire. I found the Place where she bought a Gold Necklace, and a silver Spoon, and a golden Locket mark'd in her own Name J. F. I ask'd her how she came by the new Pair of Pumps. Stuff for Shifts, and for a Gown.

Q. How much Money did you miss?

Allen. I miss'd twenty-nine Guineas and a half; two Guineas were found in the Bird-cage, so that but twenty-seven and a half were lost. She bought the Necklace at a Silversmith's opposite to Porter's-Block; her Name is Lilly. I have seen one Guinea which I am very positive of by the Mark under the China Queen Anne's Guinea, which she changed with Mr Dawes.

William Dawes . I keep a Publick-house. On the 15th Day of August the Prisoner called for half a Pint of Beer; she told me she was going to fetch a Pint of Wine for her Mistress, for she was very ill, and desired me to change a Guinea.

Q. How came you to take any Notice of it ?

Dawes. It was so late I did not know whether she came honestly by it or not.

Q. Had you any other Guinea at that Time ?

Dawes. No, Sir.

Elizabeth Murray . I know the Prisoner before she lived at the Prosecutor's. My Sister lives at the Workhouse, and I was there; the Prisoner brought the Clothes, which she said her Uncle had sent out of Oxfordshire.

William Withers , Esq: On Wednesday the 19th of August, this William Allen brings the Prisoner. He said his Wife must charge her. I said to him, must I stay till your Wife comes ? if you can make nothing more appear, I must discharge her. By and by the Wife comes, Mary Allen . I said, what have you to charge the Prisoner with ? Sir, said she, I have not any thing to charge her with (or Words to that effect ) nor would I say any thing against her. Here is Witness that William Allen beat his Wife because she would not give Evidence.

Thomas Westbeard . I took the Minutes on the 19th of August. I am Clerk to Squire Withers, and the Prisoner was brought before him, and William Allen he declared, they brought her down without Constable or any Warrant. After that the Constable came down, one Mr Nelson; but the Prisoner was discharg'd, as there was nothing William Allen could charge her with. They spoke of four Guineas and a half, and no more, before Justice Withers. Mrs Allen was often times ask'd the Question by me, and by his Worship once or twice, and she refused to give any Account of the Matter; she said she had lost nothing, nor would she charge the Prisoner. The Prosecutor d - d his Wife in the Passage; D - n you, must I be robb'd and you not swear.

Guilty .

[Transportation. See summary.]

345. Sophia Cuddy was indicted for stealing, on the 30th of July, one gold lac'd Hat value 2 s. 6 d. the Goods of Jaceline Shawford ; and one quilted Petticoat , the Property of Mary Smith .

Mary Smith . I am Servant to Mr. Shawford. I saw the Prisoner go out of Mr Shawford's House about ten o'Clock in the Morning. I found my own Coat upon the Prisoner, and the Hat pinn'd under her Petticoat.

The Prisoner acknowledged she went into the House upon some Business, but deny'd the taking the Things.

Guilty .

[Transportation. See summary.]

346. Elizabeth Attaway was indicted for stealing, on the 29th of August , one Iron Pot value 1 s. 8 d. the Goods of Joseph Howel .

Sarah Griffiths swore, That she saw the Kettle in the Yard about half an Hour before the Prisoner came into the Yard, and presently after she was gone they miss'd it. Half an Hour after they miss'd it, they found it at Jonas Grey 's, a Broker, who bought it of the Prisoner just before.

Guilty .

[Whipping. See summary.]

347. Mary Coombes was indicted, for stealing one Pair of Shoes value 5 s. the Goods of Christopher Butler , August the 12th .

Guilty .

[Transportation. See summary.]

348. Elizabeth Todd was indicted, for stealing on the 5th of September, one Linen Sheet, one Basket, one Pair of Canvas Trowsers, the whole value 1 s. 3 d. the Property of John Turner .

Guilty 10 d.

[Whipping. See summary.]

349. + Hannah Killegrew was indicted for stealing, on the 1st of August , seventeen Yards of Velvet value 5 l. the Goods of James Dallbiack .

Peter Lesever . I live in Spitalfields . I lost my Work out of my Shop, seventeen Yards of Velvet, the Goods of Mr Dallbiack.

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

Lesever. Because she pawn'd it: She own'd she pawn'd it the Monday, and I lost it on Saturday; she pawn'd it to one Page in Shoreditch. The Prisoner has had lodgings with me almost three Years.

Thomas Page . The Prisoner at the Bar, on Saturday the 1st of August, brought this Piece of Velvet to me. I ask'd her whose Velvet it was? I said, 'tis not your's she said, No. Says I, You must fetch the Owner; but she did not return. The Monday I advertised it; about nine o'Clock, this Gentleman came to my House to ask me if I had it, and I went to his House, and I found it answer'd to the Notches of the Velvet, and found it was the same; when I came there she was in the one Pair of Stairs Room, and I said, that was the Woman that brought it, and this is the Velvet; I have had it in my Custody ever since.

James Dallbiack . This Lesever works for me; and a Boy, and this Woman's Husband, works for me too, but they were all gone out when this was done, but the Velvet is my Property.

Guilty 39 s.

[Transportation. See summary.]

350. Mary Sullivan was indicted for stealing one Damask Napkin, one Table Cloth, one Cambrick Handkerchief, &c. March the 24th .

Acquitted by the Act of Grace.

351. + THOMAS PURYOUR , otherwise called and known by the Name of Blacktooth , was indicted for unlawfully, riotously, routously, and feloniously assembling, with several others to the Number of fifty Persons, at Reculver in the County of Kent , on the 30th of March , being armed with Fire-Arms and other offensive Weapons, in order to be aiding and assisting in the running, landing, and carrying away uncustomed Goods, and Goods liable to pay Duties which had not been paid, or secured; against the Statute .

Gentlemen, I am of Council in this Cause for the Crown. This Prosecution is commenced in order, if possible, to break a desperate and wicked Gang of Men who have got together, and, for a long time, not only defrauded the publick Revenue, and fair Trader, but have likewise gone to that Height, that being armed and disciplined in Banditties, they have begun to be the Terror of the Publick; and, unless a timely Stop is put to these Proceedings, they will, in the end, strike at the Constitution itself. 'Tis now known to every body, that this Practice of Smuggling has increased to that Degree, that 'tis not carried on clandestinely and secretly, but it is carried on in the Face of Day, and in Defiance of Law and Justice. There are notorious Gangs on the Sea-Coasts, that publickly ride armed and disciplined in Troops, and that set the Officers of the Revenue at Defiance; often take and imprison them, and carry on their desperate Attempts, breaking through Laws, without any Fear or Terror from the Justice of the Nation. In order to put a Stop to this, which not only affects the publick Revenue, and, in consequence of that, affects every Man in the Kingdom, because as these Revenues are appropriated to particular Purposes, and in case they should become deficient, as they must become if these Proceedings are not stopp'd, the consequence must be, that the publick Faith of the Nation is engaged to find out other Supplies to make them good, and every Man in the Kingdom must contribute something towards them. Besides, the Practice is the most ruining and destructive to the fair Trader, because he is paying those Duties which the Necessities of the Publick require, and these Persons are under-selling him, and robbing of him of that Gain which ought to support him and his Family. In order to stop this Practice, the Legislature have try'd Methods of Lenity; these indeed have proved ineffectual: In the first place, there was an Act of Parliament in the 9th of his present Majesty, and the Penalties to that Act was Transportation for seven Years. This Act of Parliament not having it's desired Effect, but, on the contrary, these Men daily increasing, their Gangs continually augmented, and armed in such a manner, that they became the Terror of the Subject, it was found necessary to make another Act of Parliament in the 19th Year of his present Majesty, and therein it is enacted, That if any Persons to the Number of three, or more, armed with Fire-Arms, or other offensive Weapons, shall, from, and after, the 24th Day of July, 1746, be assembled in order to be aiding and assisting, in the running, landing, or carrying away uncustomed Goods, or Goods liable to pay any Duties which have not been paid or secured; then every Person so offending, being thereof lawfully convicted, shall be adjudged Guilty of Felony, and shall suffer Death. One would have thought that the Terror of this Act of Parliament would have had the desired Effect proposed by it. -

But, Gentlemen, notwithstanding this, Thomas Puryour , the Prisoner now at the Bar, who among his own Set of People has acquired the Name of Blacktooth, and known by that Appellation among them, and who, for many Years last past, has been a frequent Companion of these Smugglers, who have upon all occasions, appeared in Arms at the Sea Side, upon the News of any Smuggling Cutters that were ready to land uncustomed Goods, he has been, from time to time, employed in taking these Goods from the Ship, in assisting and carrying them off, and of converting the Benefit and Share of them to his own proper Use. On the 24th of July last, he happened to be committed for a Breach of the Peace; but, much to the Surprize of the Officer that seized him, they found upon him a Brace of Pistols, which occasioned a Speculation amongst the Officers, that this Man must be concerned in some Employment which it was proper to enquire into; accordingly they suspected him to be a Smuggler, and they advertised in the Canterbury News, that he was found armed with a Brace of Pistols. This Advertisement being put into the Papers, the Officers, stationed at Folkstone, got Christopher Barret and Robert Worthington , the two Evidences now to be produc'd, to take an Inspection of the Prisoner; accordingly they went, and the Witnesses immediately knew him, and said, that he was one of the Hawkhurst Gang, which is the most desperate of any other, and that he went by the Name of Blacktooth, and was one of the foremost and most desperate in the Gang; upon this, an Information being taken, he was detained in the Custody of the Keeper of the Goal at Canterbury. By this Act of Parliament, there is Provision made, in the Vth Section of it, That Offences of this Kind against the publick Revenue, shall not be, like other Offences of Common Law, necessarily tryed in the County where they were committed, as ill Consequences may attend it; and the Legislature has enacted, That all these Offences should be tried in any County. This being the State of the Case, the Fact with which this Prisoner is charged, is this: Upon the 30th of March last, be, together with a Number of other Persons, not less than fifty, armed with Fire-Arms, and several Sorts of offensive Weapons, assembled at a Place called Reculver in the County of Kent, their Business there was to be aiding and assisting in the running and carrying off uncustomed Goods; a large Quantity of Tea was at that time run out of a Smuggling Cutter; these Persons were ready and prepar'd to receive it; the Prisoner, among others, assisted in loading the Horses, and carried it off into different Parts of the County of Kent: The Prisoner himself was armed and accoutered in this manner; he had a Blunderbuss and a Brace of Pistols.

The Witnesses that we shall call, in order to prove this Fact upon him, are Witnesses that can't be deceiv'd in the Account they are to give you; because as it is necessary in all these Cases, as it is impossible to to convict otherwise, than by getting some of the Gang to repent of their vile Course, and to become assistant to publick Justice; so these Persons were present, and saw the Prisoner actually arm'd, and loading the Horses, in order to make a Benefit of it. These two Witnesses will give you a particular Account of the whole Transaction of running this Tea; and the Share and Concern that the Prisoner at the Bar had in it. They will be confirmed in their general Narrative by one of the Officers of the Revenue, who saw this Uproar and Riot upon the Sea-shore at this very Time of these Smugglers carrying off those Goods, though himself did not come near enough to this armed Number to swear the Fact himself. Gentlemen, If this Evidence comes to be laid before you, there can be no doubt at all but the Prisoner is guilty of this Offence which is laid in the Indictment, which is being arm'd and assembled, with a Number of other Persons armed likewise, in order to run uncustomed Goods. When you consider the Nature of the Offence, the general Destruction that it is of to the Trade, to the Freedom, and to the publick Revenue of this Kingdom, I am sure you will all be sensible, that it has been absolutely necessary for those that are entrusted with the Execution of Justice, to bring these Offenders to be try'd by a Jury, in order, if possible, to restore Tranquillity to the places where they infest; and to prevent this pernicious Practice, which is now grown to such a Height.

Q to Christopher Barret . Do you know the Prisoner ?

Barret. Yes. I have known him near three Years.

Council. Did you see him at any Time in July last ?

Barret. Yes. I saw him in Gaol.

Council. How come you to go to see him?

Barret. Because I heard of his being taken up for threatening to blow a Man's Brains out.

Q. For what Purpose did you go to see him?

Barret. I went to see whether I knew him or not.

Q. When you came there did you know him, or did any body direct you to pitch upon him;

Barret. I knew him to be the Person concerned from Time to Time with the Hawkburst Gang.

Q. By what Name did he go by?

Barret. Blacktooth.

Q. Do you know in fact that he has been concerned with a Gang of Smugglers?

Barret. Yes, Sir; he was concerned with the Hawkburst Gang; I saw him there the 30th of March last.

Q. What Number might there be?

Barret. Sixty or seventy. It was a Place call'd Reculver; it lies about a Quarter of a Mile from the Sea.

Q. Do you know what this Gang was about to do?

Barret. They were carrying away Tea from a Cutter that came from Holland; the Goods were taken out of the Cutter, and laid upon the Beach.

Council. You saw it was Tea ?

Barret. I know it was Tea.

Q. Had it paid Duty?

Barret. I believe it had not paid Duty.

Q. Had this Gang any Arms?

Barret. Some had long Pieces, as Fowling-Pieces, Guns, some long Carbines, and some Blunderbusses.

Q. How many were arm'd ?

Barret. Forty or fifty arm'd.

Q. At that Time did you see the Prisoner Puryour ? Had he any Arms?

Barret. He had a Brace of Pistols, and I think, a Carbine or Blunderbuss, I can't say which.

Q. Was there any Goods carried away at this Time ?

Barret. There was thirty or forty Hundred carried off, and some the Custom-house Officers took.

Q. How near was you to him?

Barret. I was within a little Way, seven or eight Yards. Some of them were loading their Horses, and I saw Puryour help load a Horse; I have known him two or three Years; he was Servant to some Man of Hawkhurst.

Q. What did the Prisoner do at this Time?

Barret. He got the Goods to help load a Horse, and the Custom house Officers came down, and there were several Pieces fired from the Smugglers; Cook fired twice, and once Gingles. Cook was convicted the last Sessions.

Q. Do you know, whether their Pieces were loaded?

Barret. They went off.

Q. What Quantity did they carry off?

Barret. It might be thirty or forty Hundred.

Q. How many Horses might there be?

Barret. Seventy or eighty Horses down in all.

[ Cross Examination]

Q. Was this in the Evening, or Break of Day? In what Position was you in? Were you behind them, or did you front them, so as to see their Faces ?

Barret. First I met them, and then rode behind them again.

Council. I should be glad, Sir, to know, Whether you can be positive, that the Prisoner was one of them?

Barret. I know he was.

Q. Was you one of that Gang at that Time?

Barret. Yes, I was one of that Gang.

Q. to Robert Worthington. Do you know the Prisoner at the Bar?

Worthington. Yes, I have known him about a Year and a Half.

Q. How came you acquainted with him?

Worthington. By riding in Company with him.

Q. In what Company ?

Worthington. A Company call'd the Hawkburst Gang.

Q. What was the Business that this Gang used to employ themselves in?

Worthington. What they call Smuggling.

Council. You have known him for a Year and a Half; have you been concerned with him in Smuggling?

Worthington. Yes, Sir.

Council. I would ask you, whether you saw him in March last?

Worthington. I saw him at the Water-side at Reculver.

Q. What was their Employment then?

Worthington. In running Goods from the Cutter that came from Holland.

Council. You saw the Prisoner there; was he employed?

Worthington. Yes, Sir, he was loading the Horses with those Goods?

Q. Where were the Goods laid?

Worthington. Upon the Beech.

Q. How many might there be there?

Worthington. About forty or fifty.

Q. How many of those Man had Arms with them?

Worthington. There might be thirty or forty armed; some had Pistols, and some had Carbines.

Q. How many spare Horses might there be to carry was these Goods?

Worthington. There was about fifty or threescore Horses.

Q. What Quantity of Tea was brought over in this Cutter, as near as you can judge?

Worthington. There might be, Sir, four or five Tons.

Q. Was it all Tea, or some Brandy?

Worthington. I can't say; whether there was Brandy or not.

Q. After they have loaded the Horses do they go together, or do they separate?

Worthington. They afterwards go seven or eight in a Gang; some ten, some twenty, in a Gang.

Q. Did the Custom-house Officers come to interrupt them at this Place?

Worthington. Yes, Sir.

Q. How many?

Worthington. I can't say.

Q. Upon their coming did they disperse or oppose them?

Worthington. They fired at them.

Q. How many Times, do you think, of your own Knowledge, you have known the Prisoner employed in this Sort of Work?

Worthington. I have seen him six or seven Times.

Council. This Hawkburst Gang is a considerable Gang, reckon'd one of the stoutest Gangs?

Worthington. Yes, Sir.

[Cross Examination]

Q. to Worthington. How far might you be from them?

Worthington. Not above a Rod.

Q. How came you to single out the Prisoner?

Worthington. Because I have known him before I saw him there then.

Q. Was his Back towards you, or his Face?

Worthington. I saw his Face and Back too

Court Was you one of this Gang at this Time.

Worthington. Yes, Sir.

Jarvis Cooper . I am a Surveyor of the Customs at Margate in Kent. On the 30th of March there was a large Gang at a place call'd Reculver.

Q. Was you alone?

Cooper. I had eighteen with me; they fired at us several Times.

Q. What were they doing?

Cooper. They were unloading a Cutter, and were loading Horses; at the first I was six Miles off; when I came up to them I was within a few Yards of them.

Q. Did you know them?

Cooper. I did not know one of them. Several went away; and there was a Body of about twenty stood firing at us.

Q. Did you see the Cutter?

Cooper. I saw the Cutter, and saw them bring the Goods out of her; the Cutter was on the Ground, and the Goods laid upon the Beech.

Q. Did you seize any of the Goods?

Cooper. I seized very near two Ton of Tea, and fifty Pieces of Cambrick.

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

Prisoner. No.

Court. If you have no Questions, What have you to say by Way of Defence?

Prisoner. Please your Lordship, I know nothing of it; I was not there, neither do I know where the place is.

Q. to Eliz. Holland. Where do you live?

Holland. I live at the Parish of Saunders in the Wolds of Kent, it is about fourteen Miles from Rye.

Q. How far is Reculver from Rye?

Holland, I can't tell any Thing of it.

Q. Are you a married Woman?

Holland. Yes, My Husband is bad, or he would have been here.

Q. Did the Prisoner lodge at your House?

Holland. Yes, he lodged and boarded both.

Q. When did he come to lodge at your House?

Holland. The 12th of March last.

Council. Will you tell us, from the 12th of March, and some time afterwards, did he continue at your House?

Holland. He did not go from my House till two or three Days in June, except two Pieces of a Night about a Mile and a half off, to see a young Woman.

Council. Then he was not out a whole Night or a Day?

Holland. No, he was not.

Council. And you say it was the 12th of March that he came, and he continued to June following?

Holland. I am positive he was not absent from my House a whole Day or Night?

Council. Upon the 30th of March he was not absent.

Holland. He was not.

[Cross Examination. ]

Council for the Crown to Eliz. Holland. What are you?

Holland. I keep a publick House in the Parish of Saunders.

Q. How far is that from Hawkhurst ?

Holland. About three Miles.

Q. Had you any Knowledge of the Prisoner before he came to lodge and board at your House?

Holland. Sir, he liv'd in the House before I came. I took the House but at Midsummer. He liv'd with the people before, but he was gone away, and return'd to u s the 12th of March.

Council. So he continued at your House from the 12th of March to two or three Days in June; so that he was inhabiting at this publick House from March to June. Pray, what Business did he follow there?

Holland. He followed no Business while he was at our House.

Council. Was he alone? Was there no body with him?

Holland. No.

Q. What did he give you for his Board?

Holland. I can't say.

Q. Did his Horse continue so long?

Holland. He had no House while he was at our House.

Q. What Room did he lodge in?

Holland. In the Chamber, I can't tell which.

Q. Did he at this Time pay you for his Board?

Holland. Yes.

Q. How much was you paid?

Holland. I can't say, my Husband made the Bar gain.

Council. At a publick House the Women generally receive Money.

Holland. I was but a young Woman in the Business.

Q. Where did you come from?

Holland. I liv'd in the same Parish before.

Q. Do you know Christopher Barret and Robert Worthington ?

Holland. No, I know nothing of them.

Q. Did no People come to visit the Prisoner at your House?

Holland. No.

Council. What! Nobody in all this Time?

Holland. No.

Council. Nor he did not do any Work in all this Time?

H. No, but set his Hand to any Thing in the House.

Q. How did he live?

Holland. I can't tell. I believe he was in no Busisiness, because he was he not out of our House.

Q. Do you know what Parish he belongs to?

Holland. No, Sir.

Council. You say, during all this Time, he was not a Day out of your House.

Holland. I can't say not out of Door, but not to stay out. He went out two Pieces of Nights to see a young Woman.

Council. What do you mean, that he went out in the Middle of the Night, or stay'd out till that Time?

Holland. He went out in the Night.

Q. What Time?

Holland. I can't tell; he was at Home in the Morning.

Q. How did he go? Did he go on Foot or Horseback?

Holland. He went on Foot.

Council. 'Tis pretty much you did not know which Room he laid in; there were only two Chambers and Garrets, You know which Chamber you lie in yourself; you need not to be at a Loss.

Holland. He lodg'd in the Parlour Chamber.

Council. Why could not you have told me, that he lodged in the Parlour Chamber? Surely he must have in all this Time somebody come to see him.

Holland. I don't know that he had any body.

Q. Do you deal in nothing but Liquor?

Holland. Only Ale.

Q. Do you sell no Brandy?

Holland. No, no.

Q. Had he Goods of any Kind at your House?

Holland. No.

Q. Did you ever see him with a Gun in his Hand?

Holland. No, not at our House.

Q. Did you ever see him have a Gun any where else?

Holland. No, Sir.

Q. Do you know how he paid for his Board, whether in Money or Goods?

Holland. In Money.

Q. Is there any Sign to your House?

Holland. Yes, the Sign of the Angel.

Q. What Parish do you live in?

Holland. In the Parish of Saunders.

Q. Who is the Minister of it?

Holland. One William Hudson .

Q. Is he a married Man?

Holland. Yes, he has two Sons.

Council to Eliz. Booth. You live, I think, a Servant, with the other Witness.

Court. How long have you been a Servant at that House?

Booth. Even since Lady-Day was a Twelve months, before the former Witness took the House.

Council. Do you know the Prisoner at the Bar? Did he come to lodge with your Mistress, Holland, and what Time was it?

Booth. The 12th of March, and he continued two or three Days in June.

Council. During that Time was he absent any one whole Day.

Booth. No.

Council. As to your Master, Holland, was he capable of coming to give Evidence?

Booth. He is very ill.

Court. Had the Prisoner, any Horse while he was with you?

Booth. No, Sir.

Q. Had he Gun, or Sword, or Pistol?

Booth. No.

[Cross Examination.]

Council for the Crown. I understand you liv'd in the House before the former Witness came there.

Booth. Yes, Sir.

Q. Who kept the House before?

Booth. One Cocker.

Q. What is become of them?

Booth. They are gone to live private.

Q. How long was the Prisoner there?

Booth. I believe he was there near a Quarter of a Year before.

Q. Did he keep as much at home the Quarter of a Year before that he was there?

Booth. He kept very much at home.

Q. What Employment did he follow?

Booth, I can't tell, Sir; he used to be helpful in the House.

Q. Did he board there before with Cocker?

Booth. Yes.

Q. What did he pay a Week for his Board?

Booth. I can't say, I never heard any thing about it.

Q. During that time, how had he Money to subsist?

Booth. I can't tell.

Q. During that Time, was he constantly there?

Booth. I saw him every Morning - I came by his Door.

Q. Where did you lie?

Booth. There are two Garrets; I laid in one of them.

Q. What Clothes had he when he was there?

Booth. Really, Sir, I can't say.

Q. Did he spend a good deal of Money at your House?

Booth. No Sir.

Q. Did not some People come to see him when he was there?

Booth. I did not see any Body.

Q. How came you here, Child?

Booth. We were subpoena'd

Council. I suppose you are paid for your Journey?

Booth. We ought, Sir; but we are not.

Q. What are you to have?

Booth. I can't tell, Sir.

Q. How did you come up?

Booth. With a Couple of Horses; Mistres's Brother carried me, and my Mistress rode single.

Q. Does the Brother live at this Place called Saunders ?

Booth. Yes, Sir.

Q. What Business does he follow?

Booth. He keeps a Farm and Hop-ground.

Council. So you have made no Agreement?

Booth. Not as I know of?

Q. Who applied to you with a Subpoena ?

Booth. I can't say.

Council. The Person that delivered it you don't you know; did he deliver it to you?

Booth. Yes.

Council. Did not you ask for some Money to bear your Expences?

Booth. He gave me this Piece of Paper, and a Shilling.

Council. I should think it natural for you to ask how your Expences were to be paid?

Booth. My Mistress paid the whole of the Expences up.

Q. How long was it ago that you received this?

Booth. Last Friday I think it was.

Q. When did you set out?

Booth. On Monday

Council. You say your Masters's Brother lives in the same Parish, how near your Mistress?

Booth. 'Tis about three Quarters of a Mile.

Council. I suppose your Mistress and Master, and him, are Friends together; does he ever come to your House?

Booth. Sometimes he calls, when he comes down to the Marshes.

Q. Was he an Acquaintance of Puryour's?

Booth. He is not at all acquainted with him.

Q. Did he know whether Puryour lodged at your House?

Booth. Yes, he might know that.

Q. How could he know that, if he was not acquainted with him?

Booth. Very like be might see him.

[The two former Witnesses could not tell the Distance from the Parish of Saunders to this Reculver; but there was one Mr Palmer in Court, that said he thought it to be about fifty Miles. ]

Council for the Crown. Gentlemen, you will please to observe, that this Fact is now proved upon the Prisoner by two Witnesses, Christopher Barrett and Robert Worthington . They have given you an Account of the Prisoner's being at Reculver the 30th of March; of his being armed; of his being assembled with the Number above what is described by Act of Parliament, who were armed likewise; and that the Prisoner: was there actually aiding and assisting in carrying off uncustomed Goods. Gentlemen, the Witnesses themselves have given you so probable an Account of this Transaction, and the Facts of the Goods being run; of the Cutter lying on the Shore, where the Water had wash'd it, and the Goods, upon the Beech, that Fact is confirmed by the Evidence of Jarvis Cooper . With respect to the Witnesses themselves, they are, of all others, the most likely to give an Account of this Affair; for they have both sworn, the one; that he has known the Prisoner near three Years; and the other, a Year and a Half; and that they have not only been once or twice, but several times, concerned with him in aiding and assisting in running of Goods. They give you a particular Account that they were present at that very time; and you will observe, they both agreed in the Arms the Prisoner had, and the Share he had in those Goods. In order to controvert this Evidence, they set up a Defence inconsistent with it, therefore the Question will intirely depend on the Credit you shall give to the Witnesses.

You will observe, Gentlemen, there is no Sort of Attempt to discredit the Witnesses on the Behalf of the Crown; they have given you an Account themselves, that they have been concerned in this very bad Practice; that they have left it, and they are making all the Satisfaction they can to the Publick, by being instrumental to the suppressing of it.

If any had thought proper to tax the Account here given, it would have been extremely easy to have called Witnesses to have given them a Discredit; but, as nothing of that Kind whatsoever has been attempted, I apprehend their Evidence must rest with you unshaken, unquestioned.

Now, Gentlemen, the Account that the Witnesses on the Behalf of the Prisoner had to give, which is a common Defence, always set up upon these Occusions, that the Person was not there, but somewhere else at the same time, is, I apprehend, introduced and delivered with such Circumstances of Improbability, that 'tis impossible for any Man living to give any Credit to it. Consider the Account given of the Prisoner at the Bar; here is not one Person called to contradict the Witnesses, there is not so much as a single Witness called, that he had any other Employment to maintain him besides this of Smuggling. In the Account this Woman and her Maid has given, you observe an improbable Tale is told, that the Man was at this Publick-house in the Parish of Saunders, for six months; during all the Time that he was loitering at that House, that he carried on no Business; that he boarded at that House, but the Woman herself does not pretend to give you an Account, upon what Terms he was there, or what he was to pay for his Board. I should think, had he been an actual Boarder there at that time, it was impossible that she should be a total Stranger to any Agreement made; but, however, that was a Circumstance she had not before thought of; she was unprepared to give an Answer to it; therefore she tells you, that she was intirely a Stranger to the Terms: This Man was three Months at her House; the Woman, when she was first asked, was only prepar'd to give a general Evidence, and when I ask'd her the most plain and obvious Questions in the World, which was, What Room he laid in? when the House has but two Rooms besides Garrets, she was so boggl'd, she could give no Answer to it. The Servant was call'd and she gives pretty much the same Account, tho' this Man was in the House three Months, that not one of them should know what Sort of Clothes he had all the time; he comes to the House, according to them, without any thing but a single Shirt; he continued, without any Employment, for three Months, and they have no Demands upon him; no body knows how, or by what Means, he rais'd the Money.

And this is another Circumstance: The Brother of this Holland, who lives in the same Parish, who brought this Woman to Town, that must be able to give an Account of seeing this Man at Saunders, that Man is not produc'd; and why? because that Man won't concur with them.

Gentlemen, the Witnesses for the Crown that are called, are unaffected in their Evidence and Character; and 'tis impossible to believe, that this Prosecution carried on by the Crown itself, that they should, by themselves or Officers, suborn these two Witnesses in order to convict this Man at the Bar? And what Inducement can they have to come and swear this Man's Life away, if the Fact was not true, these Persons having been of the Gang? Now it would be a Suspicion against any other Witnesses that would come to swear to the Man's Face, because, you see, they kept every body at a Distance, and shot at the Officers that came to detect them.

Guilty . Death .

352. + Daniel Lawrence was indicted, and the Indictment sets forth, That he, on the 22d of April last, at the Parish of St Mary Woolnoth , in the House of George Shelvocke , Esq; and Christopher Robinson, Gent. feloniously did steal one Promissiory Note, commonly called a Bank Note, No. 112. dated London, the 30th Day of December, 1746, of the Value of 20 l. singed by Ralph Morrison , for the Governor and Company of the Bank of England; by which said Note he, the said Ralph Morrison , did promise to pay to Mr Heavy Hayter, and Comp. or Bearer, on Demand, the Sum of 20 l. the same Note then being the Property of Robert Drewry . and then being unpaid and unsatisfied to him the said Robert Drewry .

Council. Gentlemen, when you come to hear this Master, you will think it as just and necessary a Prosecution to be brought before you, as ever appeared in this Place. It is an Indictment against the Prisoner, for taking a Letter, in the Post-Office, with a Bank Note included in it. You will consider the publick Credit, and publick Interest of this Kingdom, is extremely affected by Crimes of this Nature. Bank Notes are so publick, that if the least Check be put to them, it would very much affect Trade, and be a great Blow to the Credit of the Bank.

Council. I am Council of the same Side for the Crown; and, Gentlemen, the Prisoner at the Bar stands indicted for a Crime in which as the publick Interest is extremely concerned, so the Legislature have thought proper to annex to it a very severe Punishment, by making it Capital. You know the greatest Part of the Commerce of this Nation could not be carried on but in an Epistolary Way; and the Legislature, in Acts of Parliament of the 2d and 9th Years of his present Majesty, has made it Capital, and of the same Value as Money, or Goods. I will not enter particularly into the Nature of the Offence, or the Prisoner's Employment in the Post-Office, but I shall go directly to the calling our Witnesses.

Q. to Mr Robert Drewry . Where do you live?

Drewry. At Lincoln.

Q. Had your Father, or you, any Correspondence with Thomas Hewson here in London? Do you recollect whether, in April last, your Father, or you, sent any Letter to him?

Drewry. Yes. On the 20th of April we sent a Letter to Mr Hewson, with two Bank Notes, 20 l. each. This Bank Note is my Father's Property.

Q. Where was this Letter sent?

Drewry. I carried it to Mr Randes, Post-master.

Q. Did your Father sold up the Letter in your Presence?

Drewry. Yes, my Lord, I indors'd both of them, and seal'd the Letter, and carried it up directly. It was,

No. 112. I promise to pay to Mr Henry Hayter , and Co. or Bearn, on Demand, the Sum of 20 l. &c. Signed,


[Cross Examination]

Council. You said this Bank Note was your Father's Property; How do you know it was your Father's Property ?

Drewry. I paid 40 l. for both of them that very Day.

[ There was a critical Remark made by the Council for the Prisoner, Thus by the Assignment to Robert Hewson , it became his Property; but it was answered, It did not because Hewson's till it came to hand.]

Henry Randes . I live in the City of Lincoln.

Q. Did you live there in April last?

Randes. Yes.

Q. What is your Office?

Randes. I was Post-master at that time.

Council. As you live in Lincoln, I suppose you know Robert Drewry ?

Randes. Yes. He brought a Letter to me one Day, and he came to the Office-Door, and ask'd me how I did? Mr Lumley happen'd to be in the Room, and he was jealous, Drewry came to me to frank a Letter for him; and Mr Lumley said, Mr. Randes, you don't know what you are doing, for if there should be any thing in that Letter, Bill, or any thing of that Kind, you may be accountable for it? so with that he surpriz'd me a little; I took all my Letters, one by one, and took this Letter, and put it in between two large Letters, and put it into the London Bag, and sealed it with my own Hands.

Q. Can you recollect whether you saw any thing in this Letter?

Randes. No, Sir, I only charged it as a single Letter. It was directed, To Mr Hewson, Salesman, in Smithfield, I think.

Q. Can you tell whether all the Letters then were put into the Bag?

Randes. Every Letter, Sir.

Q. Did you see the Bag go away with the Post-Boy ?

Randes. I put them into the Bag, and buckled them down.

Q. At this time did you send up the Number of Letters to the Post-Office?

Randes. Yes, Sir.

Q. How long have you been employed?

Randes. Near thirty Years.

Council. I ask you whether you recollect that the Post-Letters were sealed up by you, and sent to London ?

Randes. All in general; no body does that Business but myself.

[Cross Examination]

Council. If I understand your Evidence right; in the first place, you are not positive as to the Day; in the second place, you don't know that there was any Bill in the Letter; in the third place, I think you say, you only charged it as a single Letter; if there are Bills, don't you charge them double?

Randes. Yes, or treble; if he had told me there was three Bills, I should have charged it a Shilling.

Council. You did not know that this Letter had a Bank Note in it ?

Randes. No.

Council. Do you remember, in two or three Posts after, that Mr Drewry came and told you of Bank Notes being in it ?

Randes. Yes, he told me, there were two Bank Notes sent; and as he had no Account of them, he desired me to search if the Letter was not dropp'd aside any where.

Council. So he complained that the Letter had not come to Mr Hewson's Hand ?

Randes. Yes.

Q. to Tho. Ravenhill Assistant to the North Road. I ask you, suppose a Letter should be put in, and set out from Lincoln the 20th of April, what Time is it before it comes to London?

Ravenhill. On the 22d. All I can say is, that the Lincoln Bag came in it's regular Course upon that Day.

Q. Can you be sure of that, because it is a particular Day, nothing of any other Day will affect it.

Ravenhill. The Method that's observed is this, when a Mail is open'd the Bags are read over to me one by one.

Q. Was this Bag seal'd in a proper Manner?

Ravenhill. I can't remember that.

There arose a little Debate about the Signing [ Ralph Morrison ] the Council for the Defendant urg'd, that it could not be prov'd to be R. Morrison; but Mr Jesse was present, and gave Oath, That what remain'd of the Name he knew to be wrote by Mr Morrison, one of the Cashiers of the Bank; and also prov'd, that it was proper and customary to tear off part of the Name as the Note was paid at the Bank.

Council to Christopher Harris . Give an Account, whether you recollect the Northern Mail coming in safe in April last; did you find the Number of Letters agree with the Post Mark?

Harris. Yes, Sir.

[Cross Examination]

Council. How came you to be so particular in the Number of Letters that Day? Are you sure that you was the Person that did it that Day?

Harris. Yes, Sir, my Name was signed.

Thomas Hewson . I live in Clerkenwell Green, and Letters are directed for me, to be left at Marham's Coffee-house in Smithfield.

Q. Did you expect any Remittance of Money in April last?

Hewson. Yes, Sir.

Q. Can you recollect, by the Post from Lincoln on the 20th of April, did you receive a Letter from Mr Drewry ?

Hewson. I expected one but I did not receive it.

Q. Had Mr Drewry sent you Word, that he should send you a Remittance for any particular Sum?

Hewson. Not a particular Sum, but a Remittance. The Post following he sent me a Letter, which ran thus: '' I hope you receiv'd my last, with two Bank '' Bills of 40 l.'' But I never received those Bank Bills.

Henry Potts , Esq; Comptroller of the Inland Posts. The Prisoner at the Bar has been employed for seven Years: When they receive a Charge in the Gross then they subdivide.

Q. Can you be positive this Letter did come to the Prisoner's Hand?

Mr Potts. I cannot.

Q. How is the Method in the Office?

Potts. The Letter-Carriers sort among themselves to their particular Walks.

Council. You won't take upon yourself to say, that same Letter came to his hand?

Mr Potts. I can't say.

Q. Do you know whether his Business lay in Smithfield?

Mr Potts. He is one of the People appointed to carry to that Division of the Town.

Council. Suppose every Person had done his proper Duty on that Day, and that Letter had been carried to Mr Hewson, as directed, would it have fallen into the Hands of the Prisoner?

Mr Potts Likely it might.

Council. I think you say he has been in the Office seven Years; I would ask you, What Character he bore in the Office ?

Mr Potts Not a very good one; about four Years ago he was deficient in his Cash, and could not make up his Account, and would have been turn'd out had it not been for me.

Josiah Mitchell , Inspector of the Letter Carriers. What is the Nature of the Prisoner's Employ in the Office.

Mitchell. In the Office his Business is to sort Letters; he belongs to a Seat call'd Murral

Council. In the Course of the Business of the Office that came from Lincoln the 22d of April, must it have fallen to his Share by virtue of his Office?

Mitchell. There is a great deal of probability that it might fall into his Hands.

Q. Can you recollect whether the Prisoner was upon his Duty that Day?

Mitchell. I have reason to believe he was. I think that was the Day that the Chester Mail was robb'd, and I am sure he was at the Office that Day. He was there by another Reason; every Morning I call the Roll over, and I look'd and saw he was not upon the absent List.

[Cross Examination]

Council. Are you always so very exact, that you could not be mistaken?

Mitchell. Impossible. I write down every Man every Morning that is absent. There is seventy in all, so that I know who is absent every Day.

Q. How many Seats are there?

Mitchell. There are fifteen Seats and seventy Walks.

Jonathan Powel . I am Clerk to Mr Hazard and Brett, at the New State Lottery Office. This Bank Note I took the 7th of May last. A Person came and ask'd me the Price of Lottery Tickets, which was then sold by Receipts. I said 10 l. 4 s. The Person ask'd me to make one out. I ask'd. By what Name? He said, by the Name of Thomas Marshall . He gave me this Bank Note, and I gave him 9 l. 16 s. in change, and the Receipt.

Council. Are you very sure that was the Bank Note you received upon that Occasion?

Powel. Yes; when I came to settle my Cash at Night, I takes and turns it about, and finds a Parcel of Indorsements upon it. As soon as Mr Brett came in, I show'd it to him. Mr Hazard is Residentiary Partner at the Exchange. It was sent to the Bank the next Morning, and stopp'd.

Q. Can you swear to the Man that brought it?

Powel. I don't know that I can; I think I have seen him.

Q. to George Brett . Have you any Concern in this Office?

Brett. I am Partner with Mr. Hazard.

Q. Do you know any Thing of this Note being brought to your Office?

Brett. I know this Note was delivered to me by our Man, Jonathan Powel .

Q. Now, can you take upon you to be sure, that that Note was delivered to you by your Clerk?

Brett. Yes, Seeing the Indorsements, and hearing the Mail was robb'd, I desir'd; the next Morning, it might be sent to the Bank, to see if it was a good Note, or not. There it was stopp'd; and they sent for me.

Q. Did they refuse paying the Money?

Brent. Yes, Sir, but I did get it, after the Man and I had related the Affair. I told them as the Change was given out of the Note, I thought it was my Property, when they refus'd to pay me I determined to sue the Bank for it; I know nothing of the Person that brought the Note. I receiv'd 20 l. of the Bank, and it was cancell'd there.

Q. to John Hardwick . How long have you known the Prisoner.

Hardwick. I have known him ten or eleven Years.

Q. Have you any Recollection of his giving you a Bank Note for any particular Purpose?

Hardwick It was in April or May I believe.

Council. Look upon the Note

Hardwick I know the Note came from Lincoln, by what I look'd upon it, but as for any Number, or Person, or Name, I can't remember.

Q. For what Purpose was it given to you.

Hardwick Lawrence brought it to me, and said, a Friend of his had sent it up, and he desired I would go and get a Lottery Ticket, and they told me the Lottery Tickets were not come out. They told me a Receipt was as good as a Ticket, for that reason I paid 10 l. 4 s. for a Receipt, and they gave me in change 9 l. 16 s.

Q. When it was given to you, what did you do with it?

Hardwick. I returned it to Lawrence the Prisoner.

[Cross Examination.]

Council. How came you take the Receipt in the Name of Marshall.

Hardwick. I was in a hurry, and forgot the Name.

Council. I want to know, whether you are positive that is the Note?

Hardwick. I won't swear to that; but there was something upon it that show'd that it came from Lincoln.

Q. Had you any other Bank Note at that Time ?

Hardwick. No.

Court. The Prisoner told you, it was not to be in his own Name.

Hardwick. No, he said it was for some Person in the Country, which I forgot; I forgot the Name, and mentioned a Name that I recollected.

Q. to John Grey . Look upon that Paper you have in your Hand.

Grey. I know the Paper; this is a Receipt for a Lottery Ticket, I had this from the Prisoner at the Bar; it is now, Sir, last Tuesday was sev'nnight, the 25th Day of August; he delivered it to me, and gave me Direction to go to Mr Brett's Office for a Lottery Ticket; and to sell it and bring him the Money. When I went to Mr Brett's Office, I said I came for a Lottery Ticket, I had a Receipt for it. Accordingly I took it out of my Pocket, and he asked me whether my Name was Thomas Marshall ; he seem'd to be in some Confusion, and I look'd upon a Piece of Paper hanging up at the Desk, and asked me again, where I had it, and whether my Name was Thomas Marshall ? I told him, No. I ask'd him, why he ask'd me that? So he said, call a Constable directly; and they brought in a Constable, and charged him with me. Mr Brett said, here is the Receipt, No. 53.

Q. Are you sure that is the same Receipt?

Grey. I am certain it is.

[Cross Examination.]

Council. Where had this Receipt been before that?

Grey. I don't know; they stopp'd me?

Council. If they have had it ever since, how could you be so positive to it?

Grey. It was No. 53. payable to Thomas Marshall , or Order; my right Name is John Harris .

Q. How came your Name to be altered to John Grey ? What is the Reason you change your Name ?

Grey. I tell you, Sir; 'tis my Unhappiness (and which attends Thousands) to be in Debt.

George Shelvocke , Esq; Secretary to the Post-Office. When Lawrence was apprehended, he was brought before me to be examined; accordingly, in the Course of that Examination, it appeared he had given this Bank Note in Question, to Hardwick, to negociate for him; upon which, I sent immediately for Hardwick to be apprehended. I think he mention'd he gave it to Hardwick to buy a Lottery-Ticket.

Q. Did he make any Excuse when he was charged with the Affair.

Mr Shelvocke. He said he found the Bank Note at first; and Grey, the other Witness, he said he found the Receipt.

Court. You live, Mr Shelvocke, in the Post-house, that is, Part of the Office?

Mr Shelvocke. I live in my Lord Leicester's Apartment.

Court. This is laid to be in the Dwelling-house; Sir, I ask you, whether this Hall is part of your Dwelling-house?

Mr Shelvocke. There was a Door into the Hall, but it is stopp'd up?

Court. Then 'tis no Part of the Dwelling-house?

Mr Shelvocke. It is as much part of the Dwelling-house, as a Merchant's Compting-house is part of his Dwelling house.

Court. In the House you live in, separate from Mr Robinson's, is that tax'd to any Rate whatsoever ?

Mr Shelvocke. I believe the whole is tax'd as one House.

Court. If you had laid it in the Joint-House of the Company, you would be still wrong if you laid it upon the whole in general.

Council for the Defendant. The Question is, whether there is any Proof of his felonious taking of it all, I would say it is but a look kind of Evidence. What, because this Gentleman was concern'd in the Post-Office, and in the same Seat there was seven or eight other People, that therefore he must take this Bill out of the Letter; if he did not take it out of the Letter, then it will recur to the Confession he made to Mr Shelvocke and Mr Potts; Mr Shelvocke says he confess'd he gave the Note to Hardwick to buy a Lottery-Ticket, and he said he found it in the Post-Office Yard; if it be taken upon his Confession, then 'tis the standing Rule that it must be taken altogether, if he found it in the Post-Office Yard, tho' he did very wrong to convert it to his own use, but this is not a Felony. This Letter comes to Town the 22d of April; on the 7th of May he sends a Man, with this Bank Bill, which was remarkable, to a publick Lottery-Office; now this was the most improper time in the World for him to have sent it, if he had been sensible he had been guilty of any Kind of Felony. We have a great many Witnesses to his Character.

Q. to Edward Monday . Do you know the Prisoner at the Bar Daniel Lawrence ?

Monday. I have known him these twelve Years.

Q. What Character has he bore all that while?

Monday. Always a very honest Character.

Q. Do you think he would venture to commit a Felony, without Benefit of the Clergy, for the value of twenty Pounds?

Monday. The last Man I should have thought would have been guilty of such a Thing.

Thomas Knight . I have known him three Years.

Q. Do you think he would have been guilty of such a Fact?

Knight. I never thought he would.

Mary Lane. I have known Mr Lawrence, the Prisoner, twelve Years, and he always bore a very good Character.

Q. Do you know John Grey , otherwise Harris, what Character does he bear ?

Lane. I wish I could say altogether so well of him; I can say but little of him.

Joseph Lewis . I have known Mr Lawrence nine Years, and he has a good Character.

There were seven or eight Witnesses more to the Character of the Prisoner.

Council for the Crown. Mr Hassel says it is a loose Evidence we have given; I think we have given a good Evidence. The Prisoner pretends he found this in the Post-Office Yard, impossible to be true. Could he, as an honest Man, cross the Yard of the Post-Office, see this Piece of Paper, take it up; altogether unlikely, and no Evidence given of it.

As it appeared there are separate Apartments in the Post-Office, the Jury could not find a Verdict against the Prisoner for stealing out of the Dwelling-house; but found him guilty of stealing in general, but not out of the Dwelling-house .

353. + Humphry Francis was indicted, and the Indictment sets forth, That he, on the 23d of January , did steal one Watch with outside and inside Cases made of Silver value 5 l. the Property of William Martin , in the Dwelling-house of Sir Everard Fawkener, Knt. and George Shelvocke , Esq;

Council. I am Council in this Cause for the Crown. This is an Indictment against the Prisoner for a Felony of a pretty uncommon Nature; 'tis for stealing out of a Conveyance Letter delivered into the Post-Office in January last, a Watch which the Prosecutor thought proper to send to his Correspondent at Edinburgh; this he put into a Letter, and this Letter we say that he himself put into the Post-Office. We shall shew by other Evidence, particularly by the Gentlemen there employed, how it was disposed of, and how it came into the very Hands of the Prisoner at the Bar: He is a Man that has been a pretty while employed in that Office, in a distinct Branch that is called a Sorter, and that does give him an Opportunity of observing a great many Things of Value; we say, that the very Watch being so convey'd, or intended to be conveyed, to a Correspondent at Edinburgh, never came into the Hands of the Person, Mr Carr; but that this Francis finding an Opportunity, he was so wicked as to open it, and convert it to his own Use; to be sure Mr Martin, not finding that his Letters came to his Correspondent's Hands, he made Enquiry after it, but he could hear nothing for a great while; upon an Application made to the Post-Office, they had some Suspicion of this Francis; he being taken and charged with this, he himself owned these Things. 'Tis laid to be the Property of Mr Martin, and he himself will prove to you, that he put this Letter into the Post-Office. We shall call the Persons of the Post-Office, where it was put in, and the Care that was taken of it, as it was directed to Edinburgh; we shall prove to you, that this was directed for the North-Road, and that it must fall into the Hands of this Defendant; we shall shew, that he being charged with it, that he was at that time so candid as to confess the taking, and the Manner, of it.

Q. to William Martin . Have you any Correspondence with Mr Carr of Edinburgh ? Do you remember whether you had any Correspondence with him in the Month of January last?

Council for the Defendant. I am desirous to save Time. I would ask, if Mr Adams, or any Gentleman, are of an Opinion that he is intitled to the Benefit of the Act of Grace.

Court to William Martin . Is that your Watch? Is that what you put in a Letter to go by the Post?

Martin. Yes?

Court to the Prisoner. Do you lay any Claim to that Watch?

Prisoner. No.

As this Fact was committed in January last, the Prisoner claimed, and was cleared of this Felony , by the Act of Grace.

Humphry Francis was a second Time indicted, and the Indictment sets forth, That he, on the 6th Day of June , did steal four Crystal Stone Buckles set in Silver of the Value of 30 s. and two Garnet Stone Shirt Buckles set in Silver gilt with Gold value 20 s. the Goods of James Bradley , in the Dwelling-house of George Shelvocke , Esq; and Christopher Robinson , Gent.

He was likewise a third Time indicted for stealing on the 6th of June, one Crystal Stone Buckle set in Silver value 10 s. the Property of Anne Legge , Spinster , in the Dwelling-house of George Shelvocke , Esq: and Christopher Robinson , Gent.

Cleared of all by the Act of Grace.

The above Goods mentioned in the three Indictments being claim'd by Mr Martin, Mr James Bradley , and a Servant of the Lord North and Guildford's, on the Behalf of Mrs Anne Legge , were delivered up in open Court, the Prisoner not claiming any Right to them.

354. Judith Lomas was indicted for stealing, on the 29th of September, 1746 , nine Dalft Plates value 2 s. one Punch-Bowl, one Basket, one Pint Stone Mug, &c. the Goods of John Sharp .

John Sharp . I lost a Pair of Bellows, China Plates, &c. almost a Twelvemonth ago.

Q. What Reason have you to imagine the Prisoner stole them?

Sharp. They were found in her House about three Months ago. She was indicted the last Sessions for it. We have got them again.

Q. Where doth Judith Lomas live?

Sharp. She lives over-against me.

Q. What Business does she follow?

Sharp. I can't tell what she follows.

Q. What Things have you lost?

Sharp. More a great many than are here; I can't tell who took them; they were found in her House; my Wife took them with a Warrant; I was not there, but the Constable and my Wife together.

Elizabeth Sharp . All these Things in the Basket I lost, and as many more; I went into her House, and saw them.

Q. How came you to suspect her?

Sharp. I lost my Pail five Months ago; examining among my Neighbours, and a little Girl that is here told me, that Judith Lomas had got it; I went up to her Bed to ask her, Whether she had got my Pail? and she made me no Answer. I look'd about, and saw my Things. I said, Mrs Lomas, these are my Things, that old-fashion'd Plate that hung up by a String, &c. She said, Touch the Things out of my Room, and I'll send you to Newgate. Then I got a Search-Warrant, and found these Things; but I have lost a great many more.

The Prisoner, in her Defence, pleaded, That they were sent by the Woman herself, because her Husband might not break them; and also this Woman, Wife to the Prosecutor, owned her Money.

Acquitted .

355, Elizabeth Flinn was indicted for stealing three Yards of Velvet ; and 356. William Flinn for receiving the said Goods, knowing them to be stollen ; which Goods are the Property of Samuel and John Bolland , July the 13th .

Jonathan Beesley . Upon the 13th of July, the Woman came to my House to offer this Velvet, three Yards and half a Quarter in all. I never had seen the Prisoner before, but she came recommended to me by a Neighbour; she sent her Servant to tell me, I might safely take what the Woman brought; I says, I believe your Mistress is an honest Woman, but I believe 'tis stole; she desired to have 18 s. upon it; upon that the Woman began to be very abusive; I insisted to know whose Property it was. Then she equivocated, and said, she was desirous to sell it. Upon that I advertised it; the Woman that came to speak for her, had been a Servant, and work'd with Mr Bolland, but for fear they should not read it. I sent a Letter to Mr Bolland. Upon the 15th Day. the Man Prisoner came to claim the Velvet as his Property. I ask'd him if they were Husband and Wife? and he said, she was not his Wife, and he claimed the Velvet as his own. I still insisted upon knowing more; he said that his Name was Morris; the Woman offered me Half a Crown if I would let her have the Velvet.

The Woman Prisoner in her Defence said, that she found it in the dark on the Stairs where she lodg'd, which was the House where the Velvet was made.

Anne Self . The Prisoner liv'd in my House six Years, and I never knew an ill Thing by her. I knew her in one Family that she lived eight Years, and in another seven. I have known her for twenty Years; of these six Years past she has been a Chair-woman up and down with me, and I have intrusted her with all that I have in the World.

Margaret Macfield . I know nothing more than what the Gentlewoman has said. I have known them both, and employed the Woman in washing for me these six Years, and have always found her very honest.

Both Acquitted .

357. Jane Davis was indicted for stealing, on the 26th of July, one Pair of Worsted Stockings value 2 s. one Pair of Shoes value 2 s. two Linen Shirts value 5 s. 15 s. in Money; the Money and Goods of John Hillier ; and one Sheet , the Goods of Margaret Talbot .

John Hillier . I live in King-street, Westminster . On the 26th of July I was going Home to my Lodging pretty late, and pretty much in Liquor, I met with this Woman, and she goes home to my Lodgings with me; my Landlady left the Door open; when I came in, she let me have a Candle, and this Creature goes up Stairs with me: My Landlady did not know any thing of it, When she came up Stairs, she would lie down with her Clothes on, and would have the Candle put out, and these Things, and my Money, and all was gone.

Q. Did any body else lie in the same Room?

Hillier. No.

Q. What time did you awake?

Hillier. About 5 o'Clock in the Morning. I am positive I had my Money, and put it between the Bed and the Sacking; but she had rifled me of it, and carried all the Things away. I was waiting for her for a whole Week afterwards, to see if I could find any thing of her; and as I was drinking in an Alehouse she came in, with another Woman, to call for a Quartern of Gin; so I told her, she was the Woman that was with me such a Night.

Acquitted .

358, 359 Susannah Scarlet and Catherine Scarlet were indicted for stealing two Linen Sheets value 12 d. one Woollen Quilt value 12 d. the Goods of William Brown , July the 7th .

The Prisoners were two very young Girls that had taken Lodgings at this Man's House, and Susannah took these Things to pawn.

Nothing proved upon Catherine Scarlet ; therefore she was Acquitted , and Susannah Scarlet found Guilty to the Value of 10 d.

[Whipping. See summary.]

360. John Lloyd , otherwise Floyd , was indicted for stealing 15 s. the Money of William Bekey .

William Bekey . The Prisoner is a Man that comes to scower our Copper; and while I was out, he went to the Room where I lodge, and he broke open the Chest.

John Gilbert . I saw him coming down Stairs from this Room; it was the 20th of August. I ask'd what he had in his Apron? He said, Nothing. Upon that I examined, and it was 15 s. in Halfpence, in five Shilling Parcels.

The Fact was proved upon the Prisoner ; but, in Consideration of his great Age, and hoping it might be the first Fact, he was ordered for Corporal Punishment.

[Branding. See summary.]

361. William Bouchet was indicted for stealing, on the 21st of July , one Pair of Leather Boots value 5 s. the Property of John Feild ; one Shift, and three Womens Shoes , the Property of Joseph Adams .

John Butterworth . On the 21st of July, a little before one o'Clock in the Morning, my Apprentice came up to my Chamber-door, and told me, my Cellar was broke open; it was let to one Joseph Adams , that mends and cleans Shoes. The Watchman found the Prisoner in the Cellar, and he ask'd him, what he did there, he believed he might be hang'd for it, or Words to that effect: He said, No; he would make himself an Evidence; he said there was one Butcher concerned with him. The next Morning, when we carried him before Sir William Smith , he confess'd there were three more, and pray'd to be made an Evidence.

Q. Were any of those Goods found upon him?

Butterworth. They were found in the Bag which he said was put in by this Butcher.

Q. What was in the Bag?

Butterworth. One Pair of Boots, the Goods of John Feild , and an ordinary Shift, and three Womens Shoes, and a few ordinary Things, the Property of Joseph Adams .

The Watchman that took the Prisoner, said he behaved very soberly, did not swear.

Abraham Mason , the Prisoner's Master, said, of three Apprentices that he had before, the Prisoner had behaved the best; and that his Time was not out, and he would readily take him again.

Jeremiah Arnold , and one Cobb, gave the Prisoner an extraordinary Character for a sober Lad; upon which Account the Prisoner, tho' found guilty , was only ordered Corporal Punishment .

362. John Whitham was indicted for stealing on the 1st of August, two Linen Sheets, value 2 s. one Bed Quilt, value 10 s. four Bed Curtains of Harateen, value 40 s. six Vallance, value 10 s. one Bed's Tester, value 2 s. one Headcloth belonging to a Bed, value 2 s. one Iron Bed Curtain-rod, value 1 s. one Fire Shovel, value 6 d. one Iron Poker, value 6 d. one Brass Fender, value 5 s. one Looking-Glass, and one Pair of Bellows, the Goods of John Palmer , out of his Dwelling-house , in the Parish of St Dunstan in the West .

John Palmer . The Prisoner and his Wife kept the Door lock'd up, and carried away these Goods between them.

The Witness could not fully make out his Charge against the Prisoner. Could not prove that he was ever present when his Wife carried away these Things. Besides, he declared, that his House was in the Liberty of the Rolls.

By the Flaw in the Indictment, and his not being able to make out his Charge against the Prisoner, he was acquitted .

363. Ann Kenward was indicted for stealing on the 3d of Sept. two fine Holland Sheets, value 19 s. the Goods of Persons unknown.

Jonathan Beasley . The Prisoner came to my House and offered a Pair of Sheets to Pawn. I ask'd her whose they were? She said her own. I observed one of the Sheets was extremly fine, and very large, at the Corner there was a Mark pick'd out, and a Coronet over the Letters. I ask'd her if she was a Housekeeper? She said, Yes. Then she deny'd that, and said, she was a poor Servant out of Place. I ask'd her, where she liv'd? She said, she liv'd some time ago at Mr Miles's in Soho Square. I ask'd her, what Place she liv'd in last? She said in some Place near Grosvenor-street. I said, where? Then she reply'd, I will tell you the Truth, they were given me by my Aunt, who lives at Maidstone. I ask'd her her Aunt's Name. She said she would not tell me, perhaps I would write to Maidstone. She told me where she lodged. She went out of my Shop to go Home. My Man followed her and brought her Back. She would not go Home when she found he follow'd her. I sent for a Constable; she was committed to the Round-House all Night. I advertiz'd the Sheets, but no Owner appear'd, upon which I appear'd, for I am certain they are stole. One of the Sheets is fit for any Nobleman. One Wright, Servant to this Witness, confirm'd the above Account, of his Master.

No Owner appearing, nor Proof of the Prisoner's stealing of them, she was acquitted , and had the Sheets again.

364, 365, 366, 367, 368. George Richardson , Edward Mason , William Stiff , Richard Mills , and Thomas Pain , they, together with William Brigham , not taken, were indicted for feloniously striking and stabbing, with a Hanger, David Lewis , and in and upon the right Side of the Head, did give him one mortal Wound, the Breadth of one Inch, and the Depth of three Inches, of which Wound the said David Lewis instantly died . George Richardson , Thomas Pain , William Stiff , and Edward Mason , were indicted for aiding and assisting William Brigham in the said Murder.

Elizabeth Lewis . I am Widow of the deceased David Lewis .

Q. What do you know of this Affair?

Lewis. All I know, I lost my Husband. I did not know who did it. I lost my Husband the 13th Day of July .

Q. How came he to die?

Lewis. The young Men came all into the House. I keep a publick House in Ayliffe street, the Three Tuns, in Goodman's Fields . He was stabb'd the 13th, but he did not die till the 14th.

Q. Was you up or a Bed?

Lewis. I was up.

Q. Do you know who stabb'd him?

Lewis. I never saw the Hand that did it. The young Men came into the House very wild.

Q. Have you any Thing to say against any of the Prisoners?

Lewis. I don't know any one of them but Thomas Pain . I know he was in the House.

Q. to Eleanor Halfpenny . What have you to say against the Prisoners at the Bar, with respect to the Fact committed the 13th of July.

Halfpenny. There happened to be some Youths at Mr Lewis's. There was Musick there, and I spoke to a Neighbour of mine, and we went in to take a Pint of Beer, and those young Fellows, the Prisoners, where in the House. Edward Mason , Thomas Pain , William Stiff , and George Richardson ; and there was a young Fellow among them with a Scarlet Waistcoat that was a dancing; they say it was William Brigham , I should know him if I was to see him.

Q. What Time of the Night was this done?

Halfpenny. About 12 o'Clock.

Q. Did you dance with the Company ?

Halfpenny. No, Sir, I did not.

Q. How long was you in the House?

Halfpenny. About an Hour?

Q. Where did you go afterwards?

Halfpenny. I went into my own Room, which was about ten Doors from the House. I went into my own Room, which was a Ground-Floor. I came back to Mr Lewis's to light my Candle, and these young Fellows were without side of the Door, excepting two, that happened to be within side.

Q. How many were there?

Halfpenny. There was a Matter of Ten, to the best of my Knowledge. Those young Fellows were without out-side of the Door, every one of them. There was something of a Quarrel about their refusing, I think, to pay their Reckoning. A young Fellow who was there, cry'd out, Have you no Weapon about you? We will stand by one another till we get our two Partners out.

Q. What were the Partners, Men or Women?

Halfpenny. Men, Sir.

Court. What did you, or any body see, this young Fellow in the Scarlet Waistcoat do?

Halfpenny. It was not one of the Prisoners at the Bar, another young Fellow said to him, Give me the Hanger.

Q. Who was that?

Halfpenny. He is not here, if he was I should know him: He said, Come let us break the Door open; but it was not one of the Prisoners. Another young Fellow said, he would give any Money for a Hatchet. There was a great Hubbarb; there was Murder cry'd within side. I saw a Man come out to the Door. D - n your Blood, said one of the Fellows without Doors, cut his Hand off.

Q. Who was that?

Halfpenny. Not one of these young Fellows.

Q. Have you any Thing to say against any one of them at the Bar?

Halfpenny. No.

Court. Then stand you down, you might have been in the Indictment as well as they.

Q. to William Williams . What have you to say against either of the Prisoners at the Bar touching this Murder?

Williams. I know nothing of any of the Prisoners.

Court. Then you may stand down.

Q. to Benjamin Clark . Do you know the Prisoners at the Bar?

Clark. I know them by Sight.

Court. Have you any Thing to say touching the Murder? Speak all that you know.

Williams. The Gentlemen at the Bar, I believe some of them, were in the House.

Q. Which of them?

Williams. Edward Mason .

Q. What do you know touching the Murder?

Williams. They were all in the House together a great many of them; and, Sir, they call'd for Beer; when they had done they made a Hurly-Burly and did not pay the Landlord.

Q. Did Edward Mason make a Hurly-Burly?

Williams. No, but only said, Let us go out, let us go away. When they had got out somebody bolted the Door in the House, the Windows were shatter'd to Pieces presently. The Man said, 'Tis a sad Thing I should go without my Reckoning. He was within, and they broke his Windows in a sad Form; shatter'd all the Panes in a Quarter of an Hour. I look'd out and I saw three at the Door.

Q. Which Three?

Williams. Never a one that is here, Sir.

Q. What Three?

Williams. Two had Sticks in their Hands, and one with a Cutlass. I said, Gentlemen, you had better go about your Business. I said, do not let them come in. One of them has a Cutlass.

Q. How came you there?

Williams. I was going by and I heard Musick, and I went in to see who was playing on the Violin, and a-going in they were all merry together; so when the Hurly-Burly rose I was frighten'd out of my Wits.

Q. Have you any Thing more to say?

Williams. I have nothing to say against any one of the young Fellows in the House.

Q. Where was the Murder committed, without side, or within side the House?

William. The Person that was murdered was within; but he that committed it was without. Mr Lewis walk'd to the Door. I saw him make a Motion to fasten the Door more, for they expected every Minute the Door would burst quite open; so with that I saw the Man, the Deceased, come away with his Hand upon his Neck.

Q. Do do know that any of the Prisoners at the Bar did it?

Williams. I am sure none of them did it.

Acquitted .

369. Mary Carns was indicted for stealing on the 3d of September , one Linen Shirt, value 2 s. one Copper Saucepan, value 2 s. four Damask Napkins, value 1 s. one Scarlet Cloak, value 5 s. the Goods of James Williams .

James Williams . The Prisoner was a Servant of mine. She went away in the Morning and did not return. When I found her, she confess'd where she had pawn'd several of the Things. Mary Williams confirm'd the same.

The Prisoner had nothing to say by way of Defence, but begg'd for Mercy.

Guilty to the Value of 10 d.

[Transportation. See summary.]

370. Ann Comack was indicted for stealing one Camblet Gown , the Property of Ann Suthernwood , August the 10th .

Ann Suthernwood . The Prisoner took the Gown from my Lodgings, and I found it at Mr Stringer's.

The Prisoner had not any Thing to say for herself.

Guilty 10 d.

[Transportation. See summary.]

371. Mary Cope was indicted for stealing one Velvet Cap, value 10 s. and three Silk Handkerchiefs, value 8 s the Goods of Jacob Goldsmith , July the 16th .

Jacob Goldsmith . The Prisoner and I came Passengers from Falmouth in a Vessel; and from Falmouth we came to Plymouth; and when we were at Plymouth we came on Shore and took Lodgings. When we came into Torbay it prov'd Calm, and there I lost three Silk Handkerchiefs, and one Velvet Cap.

Q. Have you found them again?

Goldsmith. She acknowledged them before the Justice.

Court. As it was done at Torbay this Court has no Jurisdiction over the Prisoner.

Acquitted .

372. Margaret Mathews was indicted for stealing on the 24th of July , one Linen Sheet, value 2 s. one Cotton Gown, value 10 s. one Shirt, value 3 s. one Pair of Leather Shoes , the Goods of John Mills .

Jane Mills . My Husband's Name is John Mills . I lost a Gown, a Shirt, a Pair of new Shoes.

Q. What Reason have you to say the Prisoner took them?

Mills. To be sure she did. Here is a Pawnbroker that can swear to it. The Gown is at home. She won't own the other Things.

Q. to Sarah Midhury . What is your Mistress's Name?

Midbury. Elizabeth Wolley , she lives in Ratcliff Highway. The Prisoner brought a Gown and nothing else to my Mistress, as I know of, and she lent Half a Crown upon it.

Guilty .

[Transportation. See summary.]

373, 374. Robert Ness and Robert Pearson were indicted, Robert Ness for stealing five Knives and seven Forks, value 15 d. the Goods of John Williams ; and Robert Pearson for feloniously receiving the same, knowing them to be stolen.

John Williams . I gave the Knives and Forks to this Ness to clean. I was call'd away in a Hurry, and in about an Hour after I found they were carried away; and when I took Robert Ness before the Justice, he owned how many he has sold to Pearson. I went to Mr Pearson, and ask'd him. If he did not buy some Knives and Forks? He said, Yes. I ask'd him. How he could buy Knives and Forks of such a Fellow as this, and to give him three Pence for them? He said, If he had not bought them somebody else would.

Q. How far does Pearson live from you?

Williams. He lives in Holborn. The Justice said, he would commit him to Bridewell, and Ness to New Prison.

- Spencer. I am a Taylor and Salesman, I have known Pearson for three Years; I have always had a Regard to him as an honest Man He is lately enter'd into this Business. He has not been in it above three Weeks, and is so discouraged about this Affair, that he had a Mind to put off his Shop and Business.

Both acquitted .

375. Elizabeth Mitchell , otherwise Treadway , was indicted for stealing on the 21st of July , one Cotton Gown, value 8 s. one Holland Gown, value 5 s. one Silver Knee Buckle, value 12 d. one Drugget Coat, value 6 d. &c. the Goods of John Taylor .

Ann Taylor . One Apron and Handkerchief I found upon her, and some of the Things were in her Box, and the Gown was pawn'd in Rag Fair.

The Prisoner said she was not guilty, but the Jury found her guilty to the Value of 10 d.

[Transportation. See summary.]

376. Lydia Curd was indicted for stealing 8 s. the Property of Edward Bracey , July the 29th .

The Prisoner, a very young Girl, lodged for sometime at this House at Tottenham , at one Hillier's, at the Anchor and Crown. Bracey, a Seafaring Man , came into the House, it appear'd, in Liquor, and he said in the Morning he had lost his Money, and as the Prisoner came down by his Room they suspected she had taken it out of his Breeches, but there was no Proof of it.

Acquitted .

Lydia Curd was a second Time indicted for stealing, on the 25th of July , one Silver Tea-Spoon, and one Linen Handkerchief, one Pair of Ruffles, &c. the Goods of John Smith .

John Smith . I keep the Magpie in Bishopsgate-street, at the Bottom of Wide-gate-Alley . The Prisoner's Mother brought this Girl to us, and desired we would take her in, for her Father threaten'd to murder her.

There was nothing of all these Things prov'd upon the Prisoner, but only one Pair of Ruffles, that was sent to her from Tottenham here to Town, which fell into these Peoples Hands, which they said they could swear to; but before this the Prisoner's Friends were forc'd to summon these People to the Court of Conscience to get the Girl's Clothes out of their Hands.

Q. to Mary Shields . Mrs. Shields, do you know Lydia Curd .

Shields. I have known her from an Infant, and she always behav'd in a pretty manner, and I really thought she might have been intrusted with untold Gold. The Girl has a Father that drinks, and she might get out to this House; but I believe she was in never worse Company than those that prosecute her.

Barbara Williams . I have known her eight or nine Years. She has been at my House a great many Times. I have intrusted her with a great deal of Plate, and I always thought her to be very honest.

Q. What House do you keep?

Williams. I live at the Eight Bells in Spitalfields, the Corner of the Church.

Acquitted .

377. Elizabeth Egan was indicted for stealing, on the 27th of August , one Scarlet Cloke value 1 s. and five Pair of Silk Stockings value 3 s. the Goods of .

All the Proof that these People could bring against this poor Woman, the Prisoner, was, That they found an old Stocking, and a Piece of another, in Monmouth-street. The Prisoner use to work with the Prosecutors in mending and grafting Stockings.

Thomas Pitts , Richard Harris , and R. Tribe, appeared for this poor Woman, the Prisoner, and gave her a very good Character.

Acquitted .

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

Received Sentence of Death, 3

William Bailey 313

Thomas Puryour , otherwise Blacktcoth


John Swannick 312

Burnt in the Hand, 4.

Thomas Brown 337

John Lloyd , otherwise Floyd


Samuel Waring 333

Anne Williams 336

Transported for 7 Years, 24.

John Bennet 319

Mary Carns 369

Anne Comack 370

Mary Coomes 347

Sophia Cuddy 345

Jane Flowers 344

Charles Franklin 330

Jasper Godley 314

Anne Gregory 343

Thomas Hargrave 326

William Jones 317

Hannah Killigrew 349

Daniel Lawrence 352

Margaret Mathews 372

Elizabeth Mitchell 375

Mary Pebworth , otherwise Smith


Mary Read 339

Hugh Roberts 335

Luke Ward 316

John Welch 320

Anne Welch 542

William Williams 321

John Williams 322

John Wright 324

To be whipped, 4.

Elizabeth Attaway 346

William Bouchet 361

Susannah Scarlet 388

Elizabeth Todd 348