Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 31 October 2014), April 1748 (17480420).

Old Bailey Proceedings, 20th April 1748.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On WEDNESDAY the 20th, THURSDAY the 21st, FRIDAY the 22d, and SATURDAY the 23d of April.

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

BEING THE Fourth SESSIONS in the MAYORALTY of the

Rt. Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER IV.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1748.

[Price Sixpence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable Sir ROBERT LADBROKE , Knt. Lord Mayor of the City of London, the Right Honourable Lord Chief Justice LEE, the Honourable Mr. Baron CLARKE , the Honourable Mr. Justice BIRCH, 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.

Henry Wickenden .

Robert Hales .

Richard Walden .

Benjamin Silcock .

John Wells .

Jonathan Cotton .

John Cumberlege .

Thomas Humphrys .

Tipping Rustat .

William Spencer .

Edward Welch .

John Melcot .

Middlesex Jury.

Samuel Anderson .

Thomas Gray .

Henry Holland .

Thomas Nichols .

John Clarke .

Samuel Swift .

Robert Kent .

Nathaniel Wincoff .

Robert Gray .

John Carwell .

John Harvest .

Thomas Coates .

Thomas Gray , one of the Middlesex Jury, was taken ill in Court the third Day of the Sessions, and Jonathan Catlin was sworn in his room.

178. John Walker was indicted for stealing a Coffin, value 3 s. and a shroud, value 2 s. the property of Joseph Wright , March 18 .

Joseph Wright . I had the misfortune to have an unhappy relation that suffered the last hanging day, and I got a coffin and shroud for him. John Walker , the Prisoner, was very officious in bringing him home, and he was as ready to take him away, and carried off the body, coffin and shroud, all together.

Mary Hill. I spoke to an old woman, who had an empty house, to let me put the body there, and she gave me leave, and I sent it there. I was sitting upon my husband's coffin *, and I heard somebody open the door, and I was frightened; there were five men came in, who said they came from my brother, and wanted to take him away; and as they were taking him away the coffin burst open, and the candle went out, and one of them said, d - n the woman, is she mad, that she cannot light the candle!

* Francis Hill, who was convicted last Session for a Burglary.

Q. What woman was that?

Hill. One that I got to sit along with me.

Q. Did the Prisoner do any thing?

Hill. Yes. When the coffin burst open the Prisoner knocked his hand down upon the lid of the coffin, and then took it away and put it into a coach.

Q. Are you sure the Prisoner is the person?

Hill. I do not know very well, he has changed his dress, [Mrs. Hill looked earnestly at him] but now I know that is the man.

Q. What time was that?

Hill. Between ten and eleven at night.

N. B. Those Trials with this mark + shew that the Prisoners were indicted for Capital Offences, and must have received Sentence of Death if the Jury had found them guilty of the whole Indictment.

Q. Did you see him by the candlelight?

Hill. Yes, and I saw him before that, because he helped to bring him from the unfortunate place. I jumped out of the door, and hung by the coach as long as I could, to the bottom of Long-Acre, at last I dropped down dead.

Q. Did you see the Prisoner assist in putting the coffin into the coach?

Hill. Yes.

Q. What is his name?

Hill. John Walker .

Prisoner. Did you ever see me before?

Hill. Yes, I saw you in Thomas's-street.

Prisoner. Did you ever see me have any hand in bringing him?

Hill. Yes, I saw you bringing him, when you had him in possession.

Eliz. Wright. I had an unfortunate relation who was executed.

Q. Do you know the Prisoner?

Wright. I know the Prisoner very well. All that this unfortunate man desired was, as he was a dying man, that I would see his body buried, for he hoped he had made his peace with the Almighty: I promised him I would, and the Prisoner came, in order to take his body away and Stevens's * together, (there were two bodies in the cart, and there was a great mob, and one of them said it was Frank Hill the silversmith) and the Prisoner and some others desired to have the body of Hill, and somebody said, Have you got any thing to bury him with? and they said yes; so they got the body from the surgeons, and would have brought him home to my door, but I did not think that proper; and the Prisoner, Walker, stood at the door where they brought the body, and they threw the body down off the mens shoulders; and I said to the Prisoner, I will take away the body, but I cannot take it away just now, and I went to get a room to put him in; and I said I could not stay to see him stripped, but when they had stripped him, I would give them any thing for their trouble; and I went and bought a coffin, and sent it, and the Prisoner at the bar came to me, and said, G - d d - n his eyes, he had stripped him, and nailed him up in his coffin. I sent to the house where the body was carried, and the woman sent me word, that some men had taken my brother away; I said she was a base woman to let any body take the coffin away. Mr. Thrift had nothing for executing him.) Mrs. Thrift came to my house, and said she heard my brother was sold to a surgeon, that his head was off, and that a woman, that sells cats and dogs meat, told her so; I went to the surgeon's, and enquired after the body, and desired to know where it was.

* Stevens was convicted with him for the same fact.

Q. Who was the surgeon?

Wright. Mr. Champante. I went with Mrs. Thrift to his house; he did not care at first to own that he had it, but at last we went into a room, and there I saw the body lying upon the lid of the coffin with his head off. I asked for the clothes, and he said there were no clothes upon it, and that there was only the shroud; Mrs. Thrift said, if there was nothing but that he might keep it. I took up Walker, and he said he sold him for a guinea, three shillings for a coach, and half a crown to drink.

Q. What, do you mean for the coffin, shroud and body together?

Wright. Yes.

Prisoner. I never was at Tyburn, or at the place of execution, any otherwise than running down from my work.

Mary Thrist . The Prisoner died on the eighteenth of March, and on the nineteenth I went to a neighbour's house for a pennyworth of beer, and this Mr. Walker sat there, and he had got a hat out of pawn, and had something more than usual; I told Mr. Burt, the man that keeps the house, that I had a pair of shoes to sell, which were too big for my husband, and belonged to a man that hangs in chains, so the Prisoner bid me fetch them: Mr. Burt said they will not sit me; and a little Girl, that cannot speak plain, said they had stole Hill's body, and the Prisoner making remonstrances against carcass butchers, I said that was worse than being a carcass butcher; he said, blast his eyes and limbs, if he was not the man that put him into his coffin; I said, if you did, you are very good; but afterwards I found, that the coffin, shroud and body, were sold to a surgeon. I acquainted Francis Hill's sister with it, and she was like a madwoman.

Q. How did you come to know this?

Mary Thrift . I met a woman, and I said I was going into St. Thomas's-street for the body and the coffin; she said you need not give yourself the trouble, for she saw him at a surgeon's in Hart-street, Covent Garden, and the husband of the woman, who saw the body in the morning, gave the account of it; I went with Mrs. Hill to Mr. Champante's, and I said I was the executioner's wife, and came for Hill's clothes, for I thought I should find it out by making an enquiry after them, and upon the lid of the coffin there stood the man's head like a barber's block, but not defaced; said I to Mrs. Hill, do you know that man's face? yes, she said, she had reason to know it, and they shewed me the shroud, which was bloody, and offered it to me, and I said, if that was all the clothes they might keep that: Then I went to Justice Broadhead, and got a warrant for the Prisoner Walker; my husband and I went to his lodging, went up stairs, and my husband said he had got a warrant for him; the Prisoner said, what is it about the buttons? no, said my husband, it is about the coffin and shroud; and he at last owned, that he sold the coffin, shroud, and the body, to Mr. Champante, and he said Jemmy Taylor and Robert Hawkins were concerned with them; and Mr. Champante said, that a man in a blue waistcoat sold them to him.

John Thrift . I desire to be heard a few words, for I am likely to be murdered by these people, [meaning the prisoner and his confederates.]

Q. What do you know about the matter?

Thrift. This man's wife [pointing to Mr. Wright] and another person with her, came to me, and enquired whether I knew any thing of the body; I said I knew nothing of the matter; and I said, I am going with a man that is to be hanged in chains; they asked me if I knew John Walker , and we trapanned him about the buttons. I got a warrant and went to his lodging, and he said, what do you come about the buttons? for they sold pewter buttons for silver; I said no, I came to him upon another account, I came about the coffin and shroud, and I said there must be more concerned; he confessed to me the taking the body, coffin and shroud together, and that he sold it to Mr. Champante, a surgeon in Hart-street, and he would have been an evidence. I did not care to go to the surgeon's myself, they know me so well, so my wife went there with Mrs. Hill.

Prisoner. I desire Mr. Champante the surgeon may be called.

Mr. Champante sworn.

Q. Do you know the Prisoner?

Champante. There were four strange men came into my surgery, and asked me if I would buy a body which was executed that day; I told them, if they would bring it privately about eleven o'clock at night, I would gratify them for it, and I never saw any of the persons since.

Q. Was the Prisoner one of them?

Champante. I cannot swear it, my Lord. I gave a guinea to one of the four men, but I do not know that I saw the Prisoner.

Mrs. Wright. My Lord, I desire he may be asked, whether he did not own that the Prisoner was one of the men, and that he had them of the Prisoner.

Q. Did you say so to any Person?

Champante. No, my Lord, I did not.

Mrs. Wright. It is ill manners to break in upon the court; but I went to see Mr. Champante; I spoke to the maid, and said I wanted to speak to Mr. Champante, and she said at seven o'clock my master will be at home. I went and saw Mr. Champante, I told him my business, and that I had taken up the Prisoner, and would prosecute him; I said, must I give you a Subpoena, or will you come freely? he said I will come; and Mr. Champante said that he knew Walker the Prisoner, and that he paid the guinea to him.

Q. Did you ever declare to Mr. Wright or Mrs. Wright, or any body, that you knew the Prisoner?

Champante. No; and I do not know the Prisoner at the bar. When the four men came and offered me the body, I said if they would come privately at eleven o'clock at night, I would give them so much money for it.

Prisoner to the Prosecutor. What house was this body taken out of?

Mrs. Wright. I do not know the house; I was told it was an empty house, and that I might put the body into it; that the landlady lived in May Fair, and that I need not be afraid of any thing; for I was willing to have leave, that I might not come into any trouble about it.

Jury. I should be glad to know who provided this room that the body was put into.

Mary Hill. I did; it was an old empty house ready to fall down; Mr. Wright said he would pay for it, because I was not able.

Prisoner. I desire Mary Parker may be called.

Mary Parker . My Lord, it was an empty house, there was no body in it but myself; there is neither lock nor bolt to it.

John Thrift . I know it is an empty house, my Lord.

Q. Did you see the body carried away?

Parker. Yes.

Q. Do you know who did it?

Parker. No.

William Wolfe . The Prisoner has been a watchman in our parish four years, and always behaved in a handsome manner, and I do not believe he is guilty of this thing.

Mrs. Wright. He says so, because he keeps a gin shop. Walker and they go there.

William Bulman . I have known the Prisoner eight or nine years, he is a leather clogmaker , he worked journeywork with me, and behaved well during the time he was with me, and I never heard any ill of him; his general character in the world is very good.

Mary Upton . I know he is a very honest man.

William Gallard . I have known him three years, and know him to be a worthy honest fellow.

Guilty 10 d.

[Transportation. See summary.]

179. Thomas Fores , of St. George's, Hanover-Square , was indicted, for that he, on the sixteenth day of August, in the fifteenth year of his Majesty's reign, at the parish of St. Bride's, in London, did marry, and to wife take, Elizabeth Hodgson , spinster; and that he, the said Thomas Fores , on the eighth day of March last, did feloniously marry, and to wife take, Carolina Clarke , spinster, his said wife Elizabeth being then living, and in full life , against the form of the Statute in that case made and provided, &c.

John Crook sworn.

Q. Do you know the Prisoner at the bar, Thomas Fores ?

Crook. Yes. On the sixteenth of August next it will be seven years, that the Prisoner called me out of Bed, and desired I would go with Elizabeth Hodgson and him, for he was going to be married; I went with them, and gave her away.

Q. Where did you go to?

Crook. To the Fleet; the minister is dead, but Mr. Lilly was the clerk, and he has the books.

Q. Do you know the person's name?

Crook. No.

Q. Was there a person there?

Crook. There was a person that appeared like one; the same person married me and my wife too.

Q. What passed there?

Crook. They read the ceremony.

Q. Was there a Common prayer Book brought?

Crook. Yes.

Q. Was the Matrimonial Service read over?

Crook. Yes.

Q. How long since did you see the Prisoner's first wife and he together?

Crook. I believe about five years ago.

Q. Is Elizabeth Hodgson living?

Crook. Yes, she is just by.

Q. How long might they live together?

Crook. I believe about three years and an half; he has been gone from her about three years.

Thomas Middleton sworn.

Q. Do you know any thing of the Prisoner and this Elizabeth Hodgson living together?

Middleton. Yes.

Q. Do you know any thing of their being married?

Middleton. No.

Q. And did he own her as his wife on all occasions?

Middleton. I never heard any thing to the contrary.

Q. Did they treat each other as man and wife?

Middleton. Yes, the same as I treat my wife.

Q. How long have you known them?

Middleton. About six years.

Q. And how long do you know that they lived together?

Middleton. About three years, to my knowledge.

Hannah Wilson sworn.

Q. Do you know any thing of the Prisoner's being married to Elizabeth Hodgson ?

Wilson. I do not know any thing of their marriage.

Q. Did they live together as man and wife?

Wilson. Yes; I often went to see them.

Q. Do you remember the time when the marriage was talked of?

Wilson. Yes.

Q. How long did they live together after that time?

Wilson. About three years.

Q. How came they to live asunder afterwards?

Wilson. He sold all the goods off, and left her with two children.

Carolina Clarke sworn.

Q. Do you know any thing of the Prisone being married to Elizabeth Hodgson ?

Clarke. I do not know any thing of the marriage.

Court. Give your own account of it.

Clarke. I was married at May-Fair Chapel the eighth of March last.

Q. To who?

Clarke. To the Prisoner.

Q. What is the Prisoner?

Clarke. He drove a hackney coach for my father.

Q. How came you to marry him?

Clarke. He courted me.

Q. You never heard, I suppose, of his being married before?

Clarke. No, I never suspected or imagined any thing of it.

Q. How came you to hear of another marriage?

Clarke. A person came and acquainted me with it.

Q. Who married you?

Clarke I cannot tell the name.

Q. How long did he drive for your father?

Clarke. About twelve months.

Q. How came it that you did not hear in twelve months time whether he was married or not?

Clarke. He had lodged two years in the neighbourhood, and I heard he was a man of a good character.

Coun. They have matrimony wrote in their foreheads.

Prisoner. Both her another and herself had heard I was married before.

Guilty .

[Branding. See summary.]

180. + 181. + 182. + Sophia Fitzsimmonds , otherwise Wilson , Ann Sanders , and Margaret Hill , of St. Giles's in the Fields , were indicted for assaulting Edward Warman Underwood , in the dwelling house of the said Margaret Hill, putting him in fear, and taking from him a silver watch, value 40 s. a watch chain, value 5 s. two seals, value 5 s. 6 d. and 5 s. in money, the property of the said Edward Warman Underwood , from his person and against his will, in the dwellinghouse of the said Margaret Hill , April the third .

Edward Warman Underwood . On the third of April the Prisoners took from me a silver watch and chain, five shillings in money, and a cane.

Q. Where did they do this?

Underwood. At a house up an alley.

Q. How came you there?

Underwood. They took me up there.

Q. Where was you?

Underwood. In Drury-Lane ; and as I was going along they picked me up, and carried me up an alley.

Q. What all three?

Underwood. Yes; those are the three.

Q. What are their names?

Underwood. I cannot tell.

Q. Which of the three spoke to you first?

Underwood. The tall one [ Fitzsimmonds ] and the other two came along with her; they all came into the alley with me, and enticed me into the house.

Prisoner's Coun. I was ordered to make an objection against his evidence, as being a person of a weak mind, and under the care of a nurse.

Q. to Underwood. What are you?

Underwood. I am a cardmaker.

Q. Where do you live?

Underwood. On Windmilhill.

Q. What time was this?

Underwood. About eleven o'clock at night; I was going home.

Q. From whence?

Underwood. Out of the Strand, and I was going home Drury-Lane way.

Q. Where about in Drury-Lane was this?

Underwood. Just against the playhouse.

Q. Now what did they do to you?

Underwood. They took my watch and chain, a cane and five shillings.

Q. What did you say to them?

Underwood. Nothing: I went out of the house when they had robbed me, and they all run out of the house.

Q. How came you to have them again?

Underwood. I went to the watchouse, and the constable and watchmen took them.

Q. You said the tall woman enticed you into the house, what did she say to you?

Underwood. She asked me to give her a dram.

Q. Did you know her?

Underwood. No.

Q. Why did you go there;

Underwood. Because they carried me up.

Q. Was you in liquor?

Underwood. Yes, a little.

Mr. Barnard (the constable.) On Thursday the third instant, Ann Sanders was brought to the watch-house by one of the watchmen, (I was out of the watch-house then) and when I came in this man told me he had been robbed in an alley by three women, but he did not know the name of the alley, and he said he had spent eighteen pence.

Q. Did you find the watch?

Barnard. No. I found the came in the house; this is the cane. When I went to the house, a man said he was going to bed, but with some solicitations the door was opened, and I found only one man in the house: I was told the landlady was gone to the Fox: I observed a closer, opened the door, and there I found Fitzsimmonds and Margaret Hill shut up in the closet.

Q. to the Prisoner. Is that cane yours?

Underwood. Yes.

Q. What did they do with your cane?

Underwood. They took it from me, and put it into the other room.

Q. Were there two rooms on that floor?

Underwood. Yes.

Q. What room was you in?

Underwood. In the back room.

Barnard. I found the cane in the back room.

Q. What did they do further to you?

Underwood. One of them had got a club in her hand and threatened to knock me down, then she threw me * down upon the bed, and took my watch from me.

* The Prosecutor is an old infirm man.

Q. Who was that?

Underwood. Margaret Hill.

Q. Was not you very drunk?

Underwood. I was a little.

Q. How much did you spend?

Underwood. They charged me eighteen pence.

Q. What liquor had you?

Underwood. It was a sort of punch.

Q. Did you drink it?

Underwood. I did not call for any, but they charged me eighteen pence, and stopped me afterwards.

Q. Had you any criminal conversation with them?

Underwood. No; I only kissed them, and that was all.

Q. You say you was not above ten minutes in the house, were they all in the room all the while you was there?

Underwood. Yes.

All acquitted .

Sophia Fitzsimonds , was a second time indicted for stealing a silver watch, value 4 l. the property of George Townsend , privately from his person , April 1 .

The Prosecutor not appearing she was acquitted .

183. + 184. + Mary Scott , and Mary Atkins , of St. Mary Matsellon, otherwise Whitechapel , were indicted for stealing two handkerchiefs, value 12 d. a guinea, and five shillings, the property of John Davies , privately from his person , March 18 .

John Davies . The eighteenth of March I was coming home from Ratcliff Cross, about seven o'clock at night, and I met with a couple of women, and I went to an alehouse on Tower-Hill ; one of them is the woman, and the other is not.

Q. Which of the Prisoners was with you?

Davies. Mary Atkins .

Q. I suppose you was willing to go along with them?

Davies. I suppose I was.

Q. Where did you go then?

Davies. I went up stairs.

Q. What into a bedchamber.

Davies. Yes.

Q. How long did you stay?

Davies. About half an hour, or less.

Q. What did you stay with both?

Davies. No, one was sent for immediately, and Atkins would have me come to know where she lived, that I might come to see her another time; she said she was in hast, and we went into Rosemary-Lane; then I went to another house with her.

Q. So you went into another house with her?

Davies. I don't know whether I was in the house or in the alley, but they carried me up stairs.

Q. Did you walk up stairs, or did they carry you?

Q. No: I went up stairs.

Q. I suppose you had a mind to go?

Davies. I believe I had; this woman Scott, brought up the liquor, and another old woman came into the room.

Q. Did she stay?

Davies. No, she hardly came into the room, and I was to be concerned with her.

Q. Did you lose any thing?

Davies. I had a guinea in gold, and five shillings in silver, and they were for getting into my breeches-pocket as fast as they could.

Q. Which of them?

Davies. I can't tell which; the candle went out, and I went down stairs, and I could not find my way out, and the old woman lighted me out.

Q. What did you lose?

Davies. I lost two handkerchiefs, a guinea, and a crown.

Q. Which of the Prisoners took them?

Davies. Either of the two, I can't tell which.

Q. Was that all you had?

Davies. I had twenty nine shillings and four pence halfpeny.

Q. Were they both in the room when you lost your money?

Davies. I can't tell.

Q. Did you lie down in any house?

Davies. Yes.

Q. Did you lie down in the first house?

Davies. Yes.

Q. Did you put your hand in your pocket when you came out of the first house?

Davies. I don't know?

Prisoner Scott. I have nothing to say. I am a hard working woman.

Pris. Atkins. I was going to my mother's, and the young woman was going home; Mr. Davies asked me where I was going, and I said, I was going towards Tower-Hill, and he was very much in liquor, and asked me to go into a house on Tower-Hill; I told him, I did not know any house of that kind, for I am not used to any such thing, and he pulled and hauled me into the house, and forced me to go up stairs, and threw me down upon the bed by main force.

Margaret Brown . I am servant to an earthenware woman; I have known Margaret Scott a year and a half, and she bears a very good character.

Mary Hall. I have known Scott two years, I never heard that she bore a bad character.

Q. Is she a sober woman?

Hall. I know nothing to the contrary.

Mary Munday . I have known Scott twelve months, and she might have robbed me several times, and never did.

Q. What is your business?

Munday. Pedling; selling muslin, handkerchiefs, ribbands, and a great many other things.

Eliz. Bedford. I live in little Queen-street, Holborn; I know Scott to be a very honest woman, and works hard for her bread. I never knew her wrong any body, and she deals with the nobility for pheasants, &c. she has been trusted with me at my Lord Castlemain's.

Both acquitted .

185. John Jones , of St. James's Westminster , was indicted for stealing a silver mug, value 20 s. the property of John Matthews , March 16 .

John Matthews . I keep a publick house ; the Prisoner came for half a pint of purl, and held the mug down by his side, and in about five minutes time it was missed. I lost it the 16th of March, and had it again of Mr. Rumbold the 25th.

Ann Roose . The Prisoner was in my master's house, at the Oxford-Arms in Piccadilly , and I missed the mug five minutes after he went out.

Mrs. Hopper. About the 16th of March, the Prisoner brought this mug to me, and asked twenty five shillings on it. I asked him whether it was his own, and he said, no : but he had it of a sufficient housekeeper, and I lent him twenty shillings on it; and seeing an advertisement about it, I sent it to Mr. Matthews. I said, Mr. Jones, I believe you are an honest man, but I can't lend you so much, and I did take him to be an honest man. I have taken in goods of him often, he was a ticket porter ; the Prisoner said, he took it in a joke, because Mr. Matthews was his countryman.

Roger Whitfield . I have known the Prisoner between four and five years, and never knew any thing amiss of him; he lodged in my house part of the time.

Mary Phillips . I have known the Prisoner about five years, he lodged in my house some time, and I always had a good opinion of him.

Evan Evass . The Prisoner worked for me five or six years, and I would have trusted him with untold gold.

Mr. Restall. I have known him a great while, I never took him to be a rogue, but I took him to be a very great fool.

Guilty .

[Transportation. See summary.]

186. Isabella Butler , otherwise Blake , of St. Mary Whitechapel , was indicted for stealing a silver spoon. value 12 s. a box-iron and two heaters, val. 8 d. the property of Eleanor Stewart , Dec. 17 .

Eleanor Stewart . The Prisoner came in and called for a pint of beer, the spoon was in the kitchen. I went into the bar, and in the mean time it was gone; I went to the Prisoner's lodging, but could not find her, but I found the spoon at the house of one Mrs. Tunbridge's in Chambers-street.

Q. Whose house is that where the things were stole?

Stewart. Mr. Wood's, at the Rosemary Branch , in Rosemary Lane , Mrs. Wood is my aunt, they brought me up from a child; the Prisoner owned the spoon was sold for 9 s. and three halfpence. The Prisoner is a drunken, disorderly body, this box-iron was taken out of her lap, which is mine.

Mary Gabriel . I saw this box-iron in her apron: I thought she had money in it, and I said, I would see, and I took it out.

Eleanor Wood . I have been daily robbed by the Prisoner; the spoon was lost the 16th or 17th of Dec. I saw the box-iron taken out of her lap.

Isabella Buckworth. I saw the spoon lie in the dish either the 16th or 17th of Dec.

Joseph Gould. I bought a spoon of the Prisoner's mother, and gave 9 s. and three halfpence for it. I know nothing of the Prisoner.

Eleanor Stewart . This is my spoon, it is marked I. S. I bought it in the Minories the day Lord Lovat was beheaded, and gave 12 s. and 6 d. for it: I believe the Prisoner's mother is a very honest woman.

John Thornlow . I had the spoon from justice Duckinfields.

Prisoner. I bought the spoon of a man in the Minories for 4 s. and gave it my mother to sell.

Eleanor Stewart . She came in for half a pint of beer, and there was no body in the kitchen but myself and my two little boys.

Guilty .

[Branding. See summary.]

187. + Mary Watson , of St. Paul Covent Garden , was indicted for stealing a large parcel of linen, some knives and forks, and some books, &c. to the val. of upwards of 40 s. the property of Joseph Brackstone in his dwelling house , March the 12th .

Joseph Brackstone . I keep a shop in York-street Covent-Garden . This Mary Watson had been employed at my house about a year and an half. We missed several things, and asked her whether she had taken any thing from us; she said, she had taken one tablecloth, and afterwards she confessed she had taken more. I found some of the things at her lodging, and she confessed there, that she took them out of my house; and I found some at a Pawnbroker's.

John Walker . On the 12th of March Mr. Brackstone had got a warrant to search for some mercery and woollendrapery goods; and searching for these things were found in her lodging, and she confessed she took them out of Mr. Brackstone's house.

James Gray . I had a search-warrant from Justice Burdus, and I found at a pawnbroker's a parcel of linen, consisting of napkins, tablecloths, neckcloths, &c. she had sent a letter to the pawnbroker to lay them by, and I found them out by that.

Guilty 39 s.

Mary Watson , of St. Ann Westminster , was a second time indicted for stealing three yards of scarlet cloth, value 20 s. seventeen yards of camlet, twenty two yards of shalloon, some sustian bays, &c. to the value of 50 s. the property of William Walker , in the dwelling house of the said William Walker , March 2 .

John Walker . The Prisoner was left to take care of my father's house, and we lost twenty two yards of shalloon, and other woollendrapery and mercery goods, and other things; she owned she took them out of the shop, and that she cut them off the piece.

James Gray . The Prisoner owned the taking these goods in the dwelling house of William Walker .

Guilty 39 s.

[Transportation. See summary.]

188. John Chadwick , of St. Michael Cornhill was indicted for stealing a silk handkerchief, value 10 d. the property of John Collins , March 29 .

John Collins . On Tuesday the 29th of March I was passing along between Cornhill and Exchange Alley , and missed my handkerchief; I turned round to see who was the most likely person to take it, and I saw the Prisoner endeavouring to skreen himself in the croud; I took hold of his arm, and he was stuffing a handkerchief which I knew to be mine into his bosom; this is the handkerchief, the Prisoner's mother said that he is got into ill company, and it would be worse for him if he did not go to sea.

Guilty .

[Transportation. See summary.]

189. John Chadwick , was indicted for stealing a silk handkerchief, value 1 s. the property of Richard Salter .

Richard Salter . I live in Bartholomew-Close , and keep a milliner's shop , which is employment for my wife; I am a silver wiredrawer , and work up two pair of stairs; I was at work, and hearing a cry of stop thief, I run down stairs, went out immediately, and I saw a person, whose name is Whitlock, bringing the Prisoner to my shop.

Whitlock. As I was sitting in my master's shop, over-against Mr. Salter's, I saw the Prisoner put his hand into a sash pane which was broke, and take out a handkerchief; I cried out, Stop thief! and a young man who is here took up the handkerchief.

William Wicks . I was at work in the Surgery of St. Bartholomew Hospital, and saw the Prisoner drop it into the foundation of the New Building.

Salter. This is my handkerchief.

Guilty 10 d.

[Transportation. See summary.]

190. + John Ward , of St. Michael Cornhill , was indicted for stealing a silk handkerchief, value 2 s. the property of Daniel Hunt , privately from his person , March 27 .

Daniel Hunt . On the 27th of March I went to see the ruins of the fire, and I had my pocket picked of a silk mourning handkerchief.

Q. Where was your handkerchief?

Hunt. In my coat pocket.

Q. Who took it from you?

Hunt. It was found upon the Prisoner, John Ward , wiping his face with it.

Q. How do you know that?

Hunt. Mr. Lawson saw him take it out of my pocket. I am sure I had this handkerchief in my pocket.

Thomas Lawson . On the 27th of March, about half an hour after twelve at noon, I was coming by the Exchange, and the Prisoner came pretty close by my side, and I missed my handkerchief out of my pocket; Mr. Hunt passed the Prisoner just by Finch-Lane, and I saw him take that handkerchief out of Mr. Hunt's pocket; I took him by the collar, and Mr. Hunt came and took the handkerchief out of his hand; said I, you rascal, I believe you have got mine, and I pulled a bundle out of his pocket; there were some firemen came up, and they hurried him into Mr. Butler's, a linendraper, at the Golden Key, and there were five handkerchiefs in the bundle; Mr. Butler asked him how he came by them, he said he bought them in Rag-Fair; Mr. Butler unbuttoned his coat, and out dropped my handkerchief from the breast of his coat.

Prisoner. Where was this done?

Lawson. Just by Finch-Lane; I was behind you about a yard when you took Mr. Hunt's handkerchief.

Q. How do you know he took your handkerchief?

Lawson. It was found upon him, and I had it close in my pocket, that I could hardly get it out myself.

Guilty 10 d.

[Transportation. See summary.]

191. + Judith Butler , otherwise Archer, otherwise Ogden , of St. Paul's, Covent-Garden , was indicted for stealing twenty eight pounds in money, the property of William Finch , in his dwellinghouse , March 26 .

William Finch . About the 11th of October last I took a publickhouse, and Mr. Crossfield, who lived in the house before, recommended the Prisoner to me for a servant , and I hired her. I frequently missed money, three or four guineas at a time; this caused some uneasiness between me and my wife.

Q. Was the money locked up?

Finch. Always; and no body had the key but my wife or myself. I went into my bedchamber, and opened a box where my money was, and counted it; it was tied up in a green silk purse, there was 20 l. in the little end of the purse, and thirty guineas in the wallet end, and I missed part of the money.

Q. How much did you miss?

Finch. Upwards of twenty pounds.

Q. When did you miss this?

Finch. The 24th of March, or a day or two before. This servant was to have gone away before, but agreed to stay two or three days longer, and on the 23d she went. My wife said, she was sure that Judith had got the money; I said, Judith, I have lost a great deal of money at different times, and I believe you have got it; said she, why do you suspect me? I said, you have had a great deal of money lately, and that is the reason; she said it was remitted to her from Ireland by her uncle, to one Dr. Ryley: I went to Dr. Ryley, and told him I had lost a great deal of money lately, and that I believed the Prisoner had robbed me, and hoped he would endeavour to help me to it: I told him, that the Prisoner said her uncle had sent her some money, and that she said it was remitted to him; he said she was a very wicked woman, for it was false. She was taken the 26th of March, and there was found in a trunk, that was left at Mr. Crossfield's, a great many clothes and things that were superfluous. On the 28th day of the month, when she was in New Prison, she confessed that she had taken out of my box, which was in my bedchamber, at different times, to the amount of twenty eight pounds, and that she opened it with a false key; and there were some of her keys that would open my box better than mine.

Prisoner. Ask him whether he ever saw me wrong him of a farthing in his life?

Finch. No, my Lord, if I had, I would have prevented it.

Prisoner. Did not I behave like an honest servant while I was with you?

Finch. I am afraid not.

Q. How long did she live with you?

Finch. About five months.

Q. Is that all the money you lost?

Finch. No, my Lord, I believe I have lost one hundred pounds.

Mr. Crossfield. The Prisoner lived with me about six months, and I recommended her to Mr. Finch, thinking her to be a very honest woman, and I told her she should be welcome to be at my house, and have her victuals and drink: she left a box at my house, and there were a great many things in it, and some keys were found at my house, and there were some things found in her box, which I believe she took from me. She said she took at different times out of Mr. Finch's box 28 l. she brought to me 22 s. 6 d. which she said was a present from her uncle, in order to pay her passage to Ireland; she said it was remitted to a gentleman here.

[The money was produced.]

Q. Is that the same money you had of the prisoner?

Crossfield. I cannot say it is exactly the same money.

Q. What was her uncle in Ireland?

Crossfield. She said he was a Romish priest.

Q. When was this money delivered to you?

Crossfield. The day after she came from Mr. Finch. It was observed that it could not be the money that she delivered to me, because that was 22 l. 6 d: and there was in the bag 22 l. 1 s.

Prisoner. Did not I give you three guineas, which I received for wages.

Crossfield. I believe that was the first money I received.

Mr. Rigg. I was present at Kentish Town when the box was opened, and the Prisoner confessed in New-Prison that she took to the amount of 28 l. at different times, out of Mr. Finch's box in his bedchamber.

Michael Ball . I went to New-Prison, and heard the Prisoner confess the taking 28 l. out of her master's box in his bedchamber.

Q. to Mr. Crossfield. I think you say there were some keys found in your house?

Crossfield. There were some keys found.

Q. You do not know who left them there?

Crossfield. I do not; but here is a letter from her, desiring me to deliver the money to Mr. Finch.

Prisoner. How can you say so?

Crossfield. I had it from you, Judith.

James Alcock . I have five guineas of this woman's, which she desired I would keep for her.

Q. When was this?

Alcock. I believe it was some time in January.

Q. Did she tell you who she had it from?

Alcock. I understood she had it from one Dr. Ryley.

Q. Did she tell you so?

Alcock. Yes.

Prisoner. Did I behave honestly or not?

Alcock. I know nothing to the contrary.

Q. What are you?

Alcock. I belong to a publick office, and used that publickhouse where she was servant.

Guilty Death .The jury recommended her to the court, as there was no evidence against her, but her own confession .

192. + John Taylor , was indicted for assaulting Mary Foster spinster, on the king's highway, putting her in fear, and taking from her one gold watch, set with diamonds and rubies, value one hundred pounds, one gold watch chain, set with diamonds and rubies, val. twenty pounds, one gold watch key, set with red stones, val. three pounds, two pieces of gold, val. forty shillings, and three pieces of gold coin, of the proper coin of this realm, called guineas, val. three pound three shillings, the property of the said Mary Foster , Jan. the 14th .

[The Prisoner delivered a letter into court.]

Prisoner. My lord, I will give the court very little trouble, I plead guilty to the indictment.

Death .

A council. The Prisoner is a young gentleman brought up to the law, of a good family, and his father a person of reputation. I humbly beg that he may be recommended by the court to his Majesty; and I desire that Newbury the Coachman, who is a very wicked man, and who induced the Prisoner to do this may be brought to justice.

Mrs. Barham and Mrs. Foster earnestly entreated the court to recommend the Prisoner to his Majesty for mercy.

193. John Rider , of St. Luke's , was indicted for stealing 56 lb. weight of iron, val. 5 s. the property of Richard Barlow , April 5 .

Guilty .

[Transportation. See summary.]

194. Thomas Middleton , of St. Giles's Cripplegate , London, was indicted for stealing a canvas bag, val. 1 d. and 4 s. and 2 d. three farthings , the property of Walter Stanniford , March 14 .

Walter Stanniford . I keep a publick house at the Woolpack in Jewin-street . The Prisoner came to my house at nine o'clock in the morning, and staid till five in the afternoon; he was there with his child, I went up stairs to my wife, and when I came down, I found my cupboard broke open, and my brother called to me to come down to give change for a shilling; when I came down, Mr. Middleton gave a shilling to change, I went to my cupboard, and I found there was a bag missing.

Q. What was there in it?

Stanniford. Four shillings and two pence three farthings.

Q. Was it a bag of halfpence?

Stanniford. Yes. I believe there was 6 d. in silver. I said somebody must know something of it, and I mentioned it to the company then there; and Mr. Middleton offered to stand search. My brother came to Mr. Middleton, hit his hand against his pocket and heard something gingle, and he said here it is, and he took it out of his pocket. Mr. Middleton said he did it in a joke, and desired for the sake of his wife and child, that I would forgive him.

Q. Was the cupboard locked?

Stanniford. Yes.

Q. Where was it?

Stanniford. In the bar backwards.

Q. Is the money in it as it was when you left it?

Stanniford. It is the same money as it was taken out of his pocket?

Q. Do you know any of the pieces?

Stanniford. Yes. There was a piece with a boar's head.

Q. Was that in it when the cupboard was broke open?

Stanniford. It was.

Thomas Stanniford . The company were forward, and I saw the Prisoner go backward, and I am sure no body else went backward but him.

Q. What did he go for?

Stanniford. I believe he went to the little-house.

Q. How long was your brother gone up stairs?

Stanniford. I believe about four or five minutes. I called my brother down to give change to somebody for a pint of beer; when he came down, he went to the bar to give change for a shilling, and missed the money; and the Prisoner gave my brother a shilling to change, and my brother said, the cupboard was broke open: and he said, he would have them all searched, and the Prisoner offered to stand search, and said, what did I mean by questioning such a person as him? so I went and struck my hand against his pocket, and I heard the halfpence gingle, and took the bag out of his pocket, and I said, I have a mind to strike it down your throat, only it would be wasting it upon you.

Q. How came you to suspect the Prisoner?

Stanniford. Because he was more ready to strip and be searched than the rest; and he said, he took it out of a joke off the bar.

Prisoner. Did not you see me take it off the bar?

Stanniford. I did not.

Prisoner. Did not I say I had a mind to have a joke with your brother?

Stanniford. No, you did not.

Prisoner. The Prosecutor was by and saw me take it off the bar.

Q. to Mr. Stanniford. Who was in the house at that time?

Walter Stanniford . One Mr. Evans.

William Evans . I was in the house the 14th of March, and saw the bag taken out of his pocket.

Q. Did not the Prisoner say he took the money in order to play a joke upon his brother?

Evans. He did not.

Q. Did he go backwards?

Evans. He went backwards out of my company.

John Hastings . I have known the Prisoner five or six years, and never heard any thing against him, and used now and then to spend an evening with him.

Prisoner. Was not you with the Prosecutor?

Hastings. Yes.

Prisoner. What did he say to you?

Hastings. The Prosecutor told me he had no witness against him but his brother, and the Prosecutor himself said, he did not see his brother take it out of his pocket.

William Hunt . I live in Southampton-street, Covent-Garden, I am a taylor; I have kept company with the Prisoner eight or nine years, and never knew any ill of him. I think his father was a broker in Houndsditch.

Q. to Mr. Stanniford. What does he prosess?

Walter Stanniford . I don't know, he went by the name of captain. he lived in Jewin-street.

Guilty .

When he came to receive sentence he begged for corporal punishment, and said, he was an ensign in General Pepperel 's regiment at the taking of Cape Breton, and was sent home with an express by Commodore Knowles.

[Transportation. See summary.]

195. Ann Langford , otherwise Shaw , was indicted for stealing 2 copper saucepans, value 2 s. and 6 d. the property of Rebecca Thurston , widow, March 29 .

The Prosecutor not appearing, she was acquitted , and the recognizances of the Prosecutor and the witness were ordered to be estreated.

196. 197. Mary Walker , and Mary Richmond , of St. Giles's in the Fields , were indicted for stealing a stuff petticoat, a linen petticoat, a bedgown, four damask napkins, a pair of sheets, two shirts, val. 11 s. the property of John Harris , March 31 .

John Harris . I went into my yard about a quarter after nine at night, and saw that the clothes were thrown about, and I lost these things. I saw Mrs. Walker in the inside of the parlour endeavouring to conceal herself, and I saw a person stooping down under the window; so I open'd my parlour-door, and laid hold of my gentlewoman, which is Mrs. Walker; I sent for a constable, and that night she made several impeachments. The next day I went to Mary Richmond , and she gave me this bundle, in which was a shift and some stockings.

John Marlow . I was at Mr. Harris's house that night, I went backwards, and saw this petticoat and some other things thrown out of the back parlour window on the ground-floor, and Mr. Harris and I saw the Prisoner at the bar endeavouring to conceal herself, and she said, break an arm or a leg if you will let me go; Mr. Harris got hold of her, and I saw a bundle in her apron.

Paul Maccanney . Mr. Harris sent for me to take a thief, I did not care to go without a warrant, but I did, for I would do any thing to serve my country; I said to her, see here, young body, what you have done, and I spoke several harsh words to her, and told her, she was going the ready way to be hanged.

Richmond acquitted , Walker guilty .

Mary Richmond , was a second time indicted for stealing a shift, three cotton stockings, and a pair of silk stockings , the property of John Harris .

John Harris . Mary Walker being discovered, she discovered the Prisoner; and I told her, if she would confess, I would not prosecute her, because I did not know what goods I had lost: and she said, Mary Walker took the goods out of a house two doors off, and gave them to her.

Jury. Did she say she had any thing of yours?

Harris. I asked her if she had any thing of mine, and I told her if she had, and would own it, I would forgive her, and then she gave me this bundle.

Acquitted .

[Transportation. See summary.]

198. Moses Wicks , of St. Botolph Bishopsgate , was indicted for stealing a silver tankard, value 5 l. the property of John Slade , April 4 .

John Slade . I keep the Cock-alehouse , in Angel-alley , Bishopsgate; the Prisoner and his wife, and a poor man, were drinking all the night, and they drank out of this tankard; the poor man left the Prisoner and his wife at the table, and the Prisoner called for a pint of beer, and then another woman came in, and they asked her whether she would be three halfpence with them; and then the Prisoner called to the girl who had taken the tankard away, to bring it again : and the tankard was carried to them again. I was tired, and when I went up to bed, I missed the tankard. I asked the maid where it was, and she knew nothing of it.

Q. What time was this?

Slade. About half an hour after eleven, and the tankard was gone.

Q. Who was there in the house besides?

Slade. There were two young men that lodge in the house, but they were fast asleep, and after the Prisoner was gone, I waked them, and bid them go up to bed.

Q. You say there was a poor man there?

Slade. Yes, but he went away; the Prisoner was left in the house by himself, except the two young men that lodge there.

Q. You say there were two women there?

Slade. Yes, but they were gone.

Q. Can you say you saw the tankard in your house after the two women were gone?

Slade. Yes.

Q. Are you sure of it?

Slade. Yes, I am sure of it, for the tankard was behind the Prisoner's arm.

Q. Have you seen it since?

Slade. No, the Prisoner's wife has mobbed me and my wife about it, and said I had found it since.

Q. Did you see him take it out of the house?

Slade. I did not see him take it out of the house to be sure, I only took him up on suspicion.

Margaret Cotterel . I brought the Prisoner a tankard of beer, and never saw the tankard since, nor the money neither.

Q. Was not the tankard of beer paid for?

Cotterel. No.

Prisoner. I had a pint of beer afterwards.

Cotterel. You had none afterwards. I drew him a tankard of beer, and never saw him nor the tankard after he went away.

Q. Where was this poor man?

Cotterel. He was gone.

Q. Were there not two women in the house?

Cotterel. Yes.

Q. Were they there then?

Cotterel. They were there when the beer was brought in, but they were gone before the beer was drank out; every body was gone but him when he had the tankard before him. He had the tankard all the afternoon.

Thomas Somerset . I have known the Prisoner about twelve years; he has worked for me often five or six months at a time; I have entrusted him with money and goods, and he never wronged me of any thing. I am a basketmaster. His general character is that of as honest a man as any in the world.

William Halbert . I have known the Prisoner twelve years; I have trusted him with goods and money to a considerable value, and he never wronged me of any thing. His general character is that of a very honest man.

Golding. I have sent him out with goods and money, and he never deceived me in his life; and he has worked with me half a year or a twelvemonth together.

Acquitted .

199. + Thomas Wilcox , of St. George's Bloomsbury , was indicted for stealing a fustian frock, value 21 s. a pair of buckskin breeches, value 7 s. a pair of shag breeches, value 3 s. two laced hats, value 10 s. four shirts, value 20 s. three stocks, value 1 s. a waistcoat, value 3 s. a linen frock, value 6 s. four pair of stockings, value 8 s. a pair of silver shoe-buckles, value 10 s. a pair of silver knee-buckles, value 4 s. a pair of sleeve-buttons, value 12 d. &c. the property of John Nicholls , in the stable of - Pollexsen, Esq ; Feb. 7 .

John Nicholls sworn.

Q. Do you know the Prisoner at the bar?

Nicholls. I know him better now than I did at first.

Q. What have you to say against him?

Nicholls. I lost all the things mentioned in the indictment.

Q. What in a stable?

Nicholls. Yes, in Mr. Pollexsen's stable.

Q. What was the Prisoner?

Nicholls. He was employed in the yard a little time for his victuals and drink.

Q. What makes you think he was the man that took them?

Nicholls. Because he was taken near the Mew'sgate with my breeches, stockings, and pumps on.

Q. What do you know further?

Nicholls. He had an ill character before.

Q. What did he say when he was taken?

Nicholls. He said he bought them of an old clothes man; but he did not deny but what they were mine.

Prisoner. He said at first they were not his.

Court. Did you ever say so?

Nicholls. I never said any such thing.

John Paris . The Prisoner came into the yard, and said he wanted employment, and would do any thing for a bit of victuals.

Q. Did you employ him?

Paris. He was sometimes employed by one, and sometimes by another.

Q. What do you know of this charge?

Paris. I know, that when John Nicholls went out of town, the things were in the stable.

Q. What things?

Paris. The things mentioned in the indictment, and more than those.

Q. Was you present when the Prisoner was taken?

Paris. Yes, and was with Nicholls before the Justice, and he challenged the Prisoner with his stockings, pumps, and breeches, which he had on.

George Eylett . I am a coachman to Dr. Galley; I have-seen the Prisoner before, but I know but little of him. I saw the Prisoner, on Monday the eighth of February, cleaning Mr. Spooner's stable, and Mr. Spooner's groom said he had lost a shirt, and three pair of stockings. I saw a ladder in the yard, and thought there was something more than ordinary, by my hay being tumbled about, and that the person must get through my haylost into Nicholls's, and so into Mr. Pollexsen's stable.

John Price . The Prisoner came into our yard, and said he wanted employment, and he worked in one of the stables about a quarter of an hour, and Mr. Foxall's coachman said he would not employ him any more, for he believed he was a rogue; and there came the news that Mr. Nicholls had been robbed, and I took the Prisoner.

John Buttery . I am coachman to 'Squire Spooner, a West-India merchant, and his groom was to take some mules on board a ship, and took the Prisoner with him; he was to give him a shilling for going, but he did not pay him; that night the Prisoner absconded, and the groom did not give him the shilling, the key of my hay-loft was gone, and he robbed me at the same time of a shirt and three pair of stockings; and a person brought me a key, which he said dropped out of the Prisoner's pocket. I was present when the Prisoner was taken, and Mr. Nicholls said he could not swear to the Prisoner, but he could swear to the breeches, stockings, and pumps, that the Prisoner had on.

Guilty 4 s. 10 d.

[Transportation. See summary.]

200. + William Wood , of St. Bennet, Grace-Church , was indicted for stealing a hat, value 18 d. the property of John Hunter , privately from his person , March 13 .

John Hunter . On the 13th of March, about 11 o'clock, I was going home from the Minories, where I spent the evening; and in Nag's head Alley , the Prisoner followed me softly, so softly, that I could not hear there was any body in the alley, and took my hat off my head. I cried out, stop thief, and the watchman put out his staff, and the Prisoner tumbled over it and was taken. I found my hat in the street not far off the place.

Simon Bumstead . I heard Mr. Hunter cry out, stop thief, and I threw my staff out, and the Prisoner in running tumbled over it, and the hat was found within three yards of the place.

Prisoner. I had been out to see a friend that was ill; if I run, it was because it was too late, and I was afraid of being locked out; was not you in liquor, Sir?

Hunter. No: I believe I was as sober as I am now.

Guilty 10 d.One of the jury knew the Prisoner's master, and said, that he spoke very well of him, and the jury recommended him to the court for corporal punishment .

[Whipping. See summary.]

201. + Thomas Hill , of St. Dunstan in the West , was indicted for stealing a silk handkerchief, value 15 d. the property of John Holmes , privately from his person .

John Holmes . As I was going along Fleet-street , with my child by my side, I felt somebody pull my handkerchief out of my pocket. I turned about and saw my handkerchief in the Prisoner's hand, I believe there were two of them concerned; I had the mob about me presently, and I said, he had picked my pocket; they said, if he has picked your pocket, take him into a public house, and search him: which I did, and I found two pocket-books and a pair of buckles; I saw the corner of a handkerchief hang out of his breeches, which I pulled out; I unbuttoned his breeches, and there were nine more, a comb, an odd glove, and I think a snuff-box, but I can't be certain whether there was a snuff-box or not; he said, he had been upon the lay for four nights, and that he was but a young offender.

Prisoner. I was only four days concerned. I am a bookbinder, and am an apprentice now; my master is dead, but my mistress is living. I have a very good character in the neighbourhood.

Q. Where did your master live?

Pris. In Founder's-Court, Lothbury.

George Gibson . I have known the Prisoner some years, his father was a barber and perriwigmaker in Chick-Lane, I never heard he was guilty of any such thing before.

Francis Papworth . I have known the lad from his infancy, his father and mother were as honest people as any in the neighbourhood.

Thomas King knew him fourteen or fifteen years, and said, he never heard that he was guilty of any such thing before.

Guilty 10 d.

[Transportation. See summary.]

202. + Daniel McFun , of St. Michael's Cornhill , was indicted for stealing a silk handkerchief, value 12 d. the property of Richard Oaks , March 15 .

Richard Oaks . I was standing in Cornhill looking at some prints, and my pocket was picked of a silk handkerchief; I saw the Prisoner and another just by me, and I saw the handkerchief in the Prisoner's hand, he was very close to me when I lost my handkerchief; I had hold of the other, and I saw the Prisoner drop the handkerchief out of his hand, then I quitted the other and took hold of this; I felt the handkerchief going out of my pocket, and turned about instantly; he began to be very saucy, and I gave him a blow or two; he begged forgiveness, and I did forgive him. I went a little further, and I saw the Prisoner again; I said, what, you villain, an't you gone any further out of my sight; and he said, if he knew who I was, he would do for me; I took hold of him again, and charged a constable with him: he said, Sir, pray forgive me, you forgave me once, and I hope you will forgive me now; I am not the first person who has been guilty of a fault.

Acquitted .

203. + John Laverick *, late of the parish of Pancras, in the county of Middlesex , Gent . and 204. + Christopher Priswick , late of the same place, Gent . were indicted, for that they not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, on the 13th day of April, in the 21st year of his Majesty's reign , with force and arms, at the said parish and in the said county, in and upon one John Dawson , in the peace of God and our said Lord the King; then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and that he, the said John Laverick , with a certain sword made of iron and steel, of the value of 12 d. which he, the said John Laverick , then and there, had and held in his right hand, him the said John Dawson , in and upon the right breast of him the said John Dawson , then and there, feloniously, wilfully, and of his malice aforethought, did strike, thrust, and penetrate, giving to him the said John Dawson , then and there, with the sword aforesaid, in and upon the right breast of him the said John Dawson , one mortal wound of the breadth of half an inch, and of the depth of three inches, of which said mortal wound, the said John Dawson , at the said parish, and in the said county, did instantly die. And that he, the said Christopher Priswick , feloniously, wilfully, and of his malice aforethought, was aiding, abetting, comforting and assisting the said John Laverick , the said murder to commit, and do, and that he, the said John Laverick , and he, the said Christopher Priswick , in manner and form aforesaid, the said John Dawson , feloniously, wilfully, and of their malice aforethought, did kill, and murder , against his Majesty's peace, his crown and dignity.

* The court ordered Captain Laverick a chair, he being so weak that he could not stand to take his trial.

To which indictment they pleaded not guilty, and put themselves upon their trial by God and their country.

They were a second time charged by virtue of the coroner's inquest for the murder of the said John Dawson .

First Coun. for the crown. My Lord, I am council for the crown in this case against the Prisoners at the bar; and though we are now to make inquisition for blood, I hope we shall do it with all the coolness we can, and that we shall avoid doing any thing to occasion any reflection from the Prisoners at the bar: for I should not be willing to dip my hands in any man's blood; we shall prove the facts, and leave it to the court and the gentlemen of the jury; and if these gentlemen have brought themselves under the power of the law, their own acts, their own facts are the occasion of it, but they shall have no occasion to lay any aggravations of the case to me.

My Lord, these gentlemen are indicted for murder, and the circumstances of the case make it the greatest crime that can be committed. The case is this, Captain Dawson, a young gentleman not eighteen years of age, was acquainted with these two gentlemen; Captain Laverick had been some time acquainted with the deceased, and this young gentleman, Mr. Priswick, (I am not willing to say it, but it will come out in the evidence) did all he could to bring these two gentlemen to hazard their lives; my account is, that this gentleman, Mr. Priswick, went to Captain Dawson, and said, Captain Laverick said, he was a scrub, and a scoundrel, and that when he met him, he would cane him; and Captain Dawson said, that he would not let any body cane him; and then he goes to Captain Laverick , and said, that Captain Dawson had used him ill; and he said, in this case, that it would become Captain Laverick to do himself justice, and left no stone unturned till he brought these two gentlemen to murder one another; and he went into Tavistock-row to a coffee-house, which Mrs. Darkin keeps; and Captain Dawson and Captain Laverick met there, and words arose, but I would not prejudge it; it may come out in the evidence, that there was a challenge given, and as it is said, I think it will be proved in evidence, that Captain Laverick gave the challenge; some blows passed between them there, and they agreed to fight the next day; and this young gentleman, Mr. Priswick, said very imprudently, I am very glad of it. Captain Laverick said he did not care to go, but Mr. Priswick said your honour is at stake, and staid all night, that Captain Laverick should not go out of his possession. Captain Laverick said, he had no sword; said he, I will lend you my sword, you shall go; he staid all night and would not leave the gentleman; the next morning he took a hackney coach, and they went to George's coffee-house, and enquir'd for Captain Dawson, he was unhappily there; and Mrs. Phillips was under some concern, left mischief should ensue; and ordered her servant to go after them to endeavour to prevent the mischief; and in six or seven minutes Captain Laverick and Captain Dawson came out, and went to the bottom of Southampton-Row ; and then they went to the back wall of Montague House and drew their swords, but in a very short time they shook hands and put up their swords, and the man that followed them thought they were friends; and this Priswick was very busy all this time; and after they had walked over two or three fields, Mr. Priswick knew this Charles Duggin , who was servant to Mrs. Phillips, and he told him, friend, you must go no further; Duggin said, he was ordered to do it to prevent mischief; and he said, you shall not go any further; and then they drew their swords, from whence proceeded this mischief; Captain Dawson received a mortal wound, and died upon the spot. This gentleman, Mr. Laverick, fell at the same time, but it will be enquired into, whether this was a real fall or a feigned fall; and this Mr. Priswick, if he had not been pushing this affair on, he would have endeavoured to prevent it. This is the evidence we shall endeavour to lay before the Court in this case : Some put it upon the fashionable, but not legal doctrine of duelling. In Lord Hale's History of the Crown it is laid down beyond all doubt, as clear law, and determined, that if A and B fall out, and presently take their weapons and go out and fight, and death ensues, it is not Murder but Homicide; but if there is deliberation, and they go the next day, then it is Murder*. And if these facts come out as I believe they will (for I should be sorry to urge any thing against them that is hard) I believe the Court will be of opinion that this is murder; and if they are proved, I shall be very sorry for these gentlemen.

*The case of Ferrers and the case of Morgan were cited.

Second Coun. for the Crown. May it please your Lordship and gentlemen of the Jury, the offence with which the Prisoners at the bar stand charged is the greatest offence that can be committed, for the lives of men ought to be very much taken care of, and those who are guilty of these crimes, are to receive conviction and punishment according to law: And gentlemen, you are to go between the law and the Prisoners, and if you find the facts proved, then it lies before you to find them guilty. Gentlemen, this is an Indictment against the Prisoners at the bar for murder, but they are distinguished in the Indictment: Mr. Laverick is indicted for the murder of Capt. Dawson, and the other is charged with being aiding and assisting in this duel, which occasioned this murder; but in the law there are no accessaries in murder, they are all principals, and if you find them guilty of the facts, this is wilful murder in both. Gentlemen, the law makes the killing of a man homicide, but there are different species of killing; if one man kills another under some circumstances, it would be hard to find that man guilty of murder : The law makes an allowance for human passions, we are but men, and as men we have the frailties of human nature: And the law makes an excuse for human frailties; but if a man is in a passion, and has time to cool, and kills another, then the law says he is guilty of murder, and there is no excuse, it is an evidence of malice; then the question is, whether in this case there is this excuse that the law allows? And gentlemen, there are some facts which I will mention very briefly: Mr. Laverick and the deceased met in a coffeehouse, some words, if not blows, passed, and they went out and came in again, and seemed very good friends; and then it was agreed that they should meet and fight: Mr. Laverick declared that he had received a challenge from Dawson, and that they were to fight the next morning, and they did meet the next morning. Gentlemen, they had all this time to cool, and Mr. Priswick had an opportunity of doing a good office, and following the laws of his country; for when Mr. Laverick was told he was to fight, he said he had no sword, Mr. Priswick offered him his sword, and Mr. Laverick said this sword will not do, it will only cut and slash, and he was forced to provide another. There was one Mrs. P hillips, and it was a praise worthy thing in her, she did endeavour to prevent this mischief; she might have had them put under arrest, but the hurry of her spirits and the weakness of her sex did not permit her to do it, but she sent her servant after them, and he followed them; and they went to the back side of Montague House, drew their swords, shook hands, and put up their swords again; they went further on, and then their swords were drawn again, and the deceased dropped down dead. Gentlemen, these are the facts, and, under my Lord's direction, if these facts do appear, and that this was after a whole night's consideration, and of so many hours standing; I say, if they appear to be guilty of that fact, they are guilty of murder. There is another consideration, which I am sorry to mention to you, that this gentleman, Mr. Priswick, appears here as indicted for murder, and perhaps attended with these circumstances, which greatly aggravates the crime; for in order to promote this, he said your honour is at stake; and perhaps, if the law takes place in this case, it may get the better of this mistaken notion of honour : As to Mr. Priswick, I wish I was not under a necessity of saying what I am going to say, for if he is guilty of this, he is guilty of twice the fault that Mr. Laverick is; he had not the same bias upon his mind as to this quarrel, he was a stranger to the quarrel, and when Mr. Priswick came to the coffeehouse, and was told that Captain Dawson and Mr. Laverick were to fight the next morning, he should have softened and mitigated the affair about this false notion of honour; and when Mr. Laverick said he had no sword, he took out his sword, and said here is mine. Gentlemen, I would not aggravate any thing, only it will come out in evidence, that he lay with Mr. Laverick that night, and went with him to the coffeehouse the next morning; he might then have prevented it; and when Mrs. Phillips's man followed them, in order to prevent their quarrelling, he said you shall not follow us; and when he offered to be Mr. Laverick's second, Mr. Laverick said, Mr. Dawson has no second, and I will not have any. Gentlemen, I shall leave this to your consideration; if under these circumstances you shall think that Mr. Laverick is guilty of wilful murder, and that Mr. Priswick was aiding and assisting him, you will find them both guilty.

Charles Duggin Sworn.

First Coun. Did you know Captain Dawson the deceased?

Duggin. Yes.

Q. How long have you known him?

Duggin. About twenty days before he was killed.

Q. Do you know the two Prisoners?

Duggin. Yes.

Q. How long have you known them?

Duggin. About two months.

Q. Where did Capt. Dawson lie the night before the duel?

Duggin. At Mrs. Phillips's, the bagnio in Spring Garden. I am a servant there.

Q. Do you know any thing of Mr. Priswick's enquiring for Capt. Dawson on the 13th of April?

Duggin. Yes.

Q. Did you hear any thing that passed between them?

Duggin. No.

Q. What time did Capt. Dawson go out on the 13th of April?

Duggin. Between nine and ten, with Mr. Laverick and Mr. Priswick.

Q. Did your Mistress order you to follow them?

Duggin. Yes.

Q. Did you hear the reason of it?

Duggin. Capt. Dawson said he had been used very ill; he had some bruises in his face, and he said he had them at Mrs. Darkin's; it is a coffee-house in Tavistock-Row.

Q. When by Mrs. Phillips's direction you followed them, where did Dawson go?

Duggin. He went to a cutler's just by Pall Mall, and changed his sword, and then went to George's Coffeehouse in the Hay-Market, and staid there I believe about an hour.

Q. Did they come in a coach?

Duggin. Mr. Laverick did.

Q. Did Mr. Priswick come in the coach with Mr. Laverick?

Duggin. I cannot say whether he did or did not; I saw them all three come out of the coffeehouse, and they went into a coach, which carried them to the end of Russel-street, and they discharged the coach there; then they went down Southampton-Row into the fields, and walked to the back of Montague-House, close to the wall.

Q. What did you see first?

Duggin. Mr. Laverick turned to the wall and took Mr. Dawson by the hand, and I thought they were friends?

Q. How were their swords?

Duggin. I do not know.

Q. What did they say?

Duggin. I do not know; I was not near enough to hear what they said, but Mr. Dawson put up his sword.

Q. Where were their swords at the time of their shaking hands?

Duggin. They were not in their hands, I believe they were upon the ground; but I saw Mr. Dawson put up his sword, and they shook hands, and they all three walked towards Tottenham-Court, and then they went further into the fields : After they had got some way into the fields Mr. Priswick came back, and he said I should not follow them, and then I said, I hope the consequence of this will not be bad, and Mr. Priswick said he would do all he could to prevent any Mischief; and he said to me, the thing was either made up, or was likely to be made up, and afterwards I saw their swords drawn, and they were pushing at one another.

Q. Did Priswick go up to them directly?

Duggin. Their swords were drawn before he got up to them. I saw Mr. Priswick make all the hast he could up to them, and I think he did endeavour to break their passes, and I saw no thrust made after that.

Q. How long was this before they both fell?

Duggin. A very little time : I was in hopes the thing was all over, and soon after I saw Mr. Dawson fall; and when I came up both Dawson and Laverick were down: Mr. Priswick was in a good deal of confusion; I said to him, do you take care of Capt. Dawson, and I will go and fetch a coach, but before I came back he was dead. I desired Mr. Priswick to examine Mr. Dawson's pockets, and there was a letter sent to Mrs. Darkin, desiring them to come to him at the Swan at Tottenham-Court.

The cross examination.

Pris. Coun. You say Capt. Laverick was down?

Duggin. Yes, and Mr. Priswick said, Laverick stand up. This was after they both fell.

Q. Did he assist Capt. Dawson?

Duggin. He went up to him.

Q. Was you approaching nearer to them when they shook hands?

Duggin. Yes.

Q. Who offered his hand first?

Duggin. Mr. Laverick.

Q. Did you see any animosity then?

Duggin. No; then they walked on together.

Q. How far was you from them when Mr. Priswick came to you?

Duggin. About three hundred yards.

Q. Did he do all that was in his power to prevent it?

Duggin. Yes; and when he came up to them he endeavoured to break their guards.

Q. Now I would ask you, whether he did not endeavour to come up to them as soon as he could?

Duggin. He did, he run as fast as he could to prevent it.

Q. And do you believe that wound was given before he got up to them?

Duggin. I believe it was.

Q. You say Mr. Priswick was in a good deal of confusion, do not you think he would have done Mr. Dawson all the service he could under these melancholy circumstances?

Duggin. I believe he would.

Q. You say you saw them shake hands and put up their swords and walk on, would not the walk they took have carried them to the Swan?

Duggin. Yes.

Q. Do you remember any thing that Mr. Laverick said after Mr. Dawson was dead?

Duggin. No: I was gone for a coach.

Jury. You said Mr. Priswick endeavoured to break their guards; did he strike either of their swords down?

Duggin. I was so far off that I could not see what sword he struck, or whether he struck either of them.

Thomas Squires Sworn.

Coun. for the crown. Give an account of what you saw of this affair on the 13th of April.

Squires. On the 13th of April between twelve and one, I saw four men go before me into the third field from Montague-House .

Q. When you first saw them there, were they pretty nigh together, or at a distance?

Squires. The two first were pretty nigh together.

Jury. Were all the four together when you first saw them?

Squires. I think they were; I saw Mr. Priswick turn back to speak to Mr. Duggin, and presently Priswick turned back to go to Dawson and Laverick. Mr. Johnson was with me, and I said to him, there is a duel going to be fought, and we both run, and Mr. Priswick run as fast as he could, and then the two gentlemen were engaged, and had made two or three pushes, and Mr. Priswick waved his hand for us to come up, and Mr. Priswick struck down their guards.

Q. Did you see where Captain Dawson received his wound?

Squires. It was on the right side under his pap, and if Duggin had told us at first that they were going to fight a duel, I believe we might have been up before they could have fought.

Q. How long did Dawson live after he received the Wound?

Squires. I believe from first to last it was a quarter of an hour; they were both down, and Laverick went to Dawson and said, dear Dawson, speak. The Person that was along with me was up before I was, and he said, speak, if you can, but I could not perceive that he spoke at all, and he died in my arms. He said three times, oh, or oh dear, or something like that; we told Mr. Priswick he was dying, and he said, he hoped not, and he ordered Duggin to go for a surgeon and coach, but before he returned, Dawson died.

The cross examination.

Pris. Coun. How long do you think they might continue fighting before Dawson fell?

Squires. I really can't tell how long, I believe about a minute.

Q. And did Priswick do all he could to get up to them?

Squires. He run as fast as he could, and he did all he could.

Q. Do you remember what Laverick said after Dawson fell?

Squires. I said he was dying, and Laverick and Priswick both said, they hoped not.

Q. Did not Priswick strike down their guards immediately after he got up to them?

Squires. He endeavoured to strike down their guards; I said to Mr. Johnson, there is a duel, and then I said to Duggin, there is a duel I believe; there is, said he; do you know them, said I; yes, said he; I know them all three.

Capt. Waddington. I knew Captain Dawson very well all the last campaign, he was in the Welch Fuzileers ; the first time I saw him in England was, when the quarrel happened.

Coun. for the Crown. When was that?

Waddington. On Tuesday the 5th of April, at Brown's coffee-house, in Covent-Garden; Mr. Laverick came in and spoke to Mrs. Brown, and said something that I did not hear, and turned and went out again; and when he came in again, Dawson said he was a man of more honour, than to cast reflections upon a gentleman, and not to maintain it; and Dawson said to Laverick, I gave you my sword to defend yourself, but you would not, I desire you would never be seen in my company hereafter; upon that, Laverick called Dawson a silly puppy, or something like that; upon that Dawson took his sword in his hand in the scabbard, and struck him on the head with it, and cut his head with the hilt, and they had a little struggle, but we separated them, and there was no challenge that night; I put Mr. Dawson into a chair immediately, and sent him home.

Q. Was Captain Dawson a quiet man, or otherwise?

Waddington. I never knew him in any quarrel, though I was with him all the campaign; he was always reckoned a very good natured man.

Q. Was Priswick at the coffee-house then?

Waddington. No.

The cross examination.

Pris. coun. You say Captain Dawson and Captain Laverick were in company?

Waddington. Yes.

Q. What regiment was Captain Laverick in?

Waddington. I was told he was in the Old Buffs.

Q. Do you know any thing of what happened on the 12th of April?

Waddington. I know nothing but what happened that night.

Q. You say Captain Dawson said to Captain Laverick , I gave you my sword to defend yourself, but you would not; what, do you think he gave him his sword to fight a duel?

Waddington. There was a quarrel between Captain Laverick and Captain Roach , as I was informed, I was not there then.

Q. I think you said something as if Captain Dawson insulted Captain Laverick on the account of cowardice?

Waddington. Yes.

Q. When Capt. Dawson struck him on the head on account of calling him puppy, did not Capt. Laverick bear this quietly, or did he then express any inclination to quarrel, or to take a challenge?

Waddington. There were a few words passed. and I saw Laverick five days afterwards, and he had no thoughts of fighting, for he said he had not heard any thing from Dawson, so he thought it was all over.

Q. Do you think Capt. Laverick had any inclination to it?

Waddington. I believe he had not, at that time, any inclination to fight on the account of that thing; for if Laverick had any inclination to call Dawson to an account, he would have done it before five days.

Q. Was not Mr. Dawson always reckoned a man of very nice honour?

Waddington. Yes, and so they ought to be.

Q. But there is a difference between honour here and honour in the field?

Waddington. There is so.

Q. Was there any resentment after this affront from Capt. Laverick to Capt. Dawson?

Waddington. He did not talk of any resentment, after Dawson was sent away in the chair.

Mrs. Darkin Sworn.

Q. Do you know Mr. Dawson?

Darkin. Yes, I have known him a great while.

Q. I think you keep a coffeehouse in Tavistock-Row, Covent-Garden.

Darkin. Yes.

Q. Has Mr. Laverick lain there?

Darkin. Yes.

Q. Recollect whether there was not a quarrel there?

Darkin. Yes there was.

Q. Give an account of it to my Lord and the Jury.

Darkin. On Monday the fifth of April -

Q. to Capt. Waddington. Was this on Monday or Tuesday?

Waddington. It was Tuesday in Passion Week.

The great Length of many extraordinary Trials this Sessions makes it absolutely necessary to publish them in two Numbers, the latter of which, with the remaining Part of this Trial, will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX,

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On WEDNESDAY the 20th, THURSDAY the 21st, FRIDAY the 22d, and SATURDAY the 23d of April.

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

BEING THE Fourth SESSIONS in the MAYORALTY of the

Rt. Honble Sir Robert Ladbroke , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER IV. PART II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1748.

[Price Sixpence.]

THE PROCEEDINGS ON THE

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

The Trial of Mr. Laverick and Mr. Priswick continued, from Page 140.

Darkin. ON Tuesday the fifth of April, at night, the two Prisoners at the bar, Mr. Dawson, Mrs. Phillips, and me, were at the Crown Tavern on Ludgate Hill, and we came home about eleven or twelve at night; Mrs. Phillips and Mr. Dawson went out, and Mr. Dawson came in with his sword in his hand, and said, Laverick is a rascal and a scoundrel, but I have broke his head, and that is enough for me. About quarter of an hour afterwards Mr. Laverick came in with a black eye, and his head cut down, and Laverick said, Dawson has broke my head when I am drunk, but I will break his when I am sober; and I never heard him mention it to Mr. Dawson afterwards.

Q. I suppose you mean before the next quarrel?

Darkin. Yes.

Q. Was that the day before the duel?

Darkin. Yes, I was at the play, and my servant sent for me from the play.

Jury. What day of the month was this?

Darkin. Tuesday, the 12th of April, Mr. Laverick went from my house to the play, and came to my house again; when I came from the play no body was there at all.

Q. Well then, who came in first?

Darkin. As I was speaking to my servant in came Mr. Dawson, and he said to me, how came Laverick to say he would cane me? he is a rascal and a scoundrel; and I never heard Mr. Laverick mention his name. I said to Mr. Dawson, you may call Mr. Laverick what names you please, for I shall never trouble myself about it; and Mr. Laverick said you have used me ill before a great many gentlemen, when I was so drunk, that I was not able to defend myself, and Dawson talked of fighting; Mr. Laverick said he did not love to fight in a coffee-house, and Dawson said he would fight him now; Mr. Laverick said he had no sword, and Mr. Dawson put his sword into his hand, and said, take mine and I will get another; and Laverick took the sword and threw it out of doors, and said, you puppy, do you think I have nothing to do but to fight you? I will not fight : Upon that Mr. Dawson struck him across the head, and said, I find you will not fight, take that then. They went out of doors, and staid about a couple of minutes, and when they came in again Mr. Dawson said to Mr. Laverick, Sir, remember you are to meet me at twelve o'clock to-morrow at George's coffeehouse, and Mr. Laverick said he would; and Mr. Dawson said, if he did not come according to promise, he would post him for a rascal and a scoundrel; then Mr. Dawson went out immediately. Mr. Priswick came in between twelve and one o'clock, and went up stairs into the company where Mr. Laverick was, and Mr. Laverick said to Mr. Priswick, Dawson has challenged me to fight, and Priswick said he would go with him and be his second; Mr. Laverick said there is no occasion for that, for I do not know that Mr. Dawson has a second; Mr. Laverick said, I believe we shall only frighten one another, we shall not fight, for you lost my sword two days ago, and Mr. Priswick said you shall have my sword; Mr. Laverick took it in his hand, and said he would not have it for all the world, for it is cut and thrust.

Q. Did Mr. Priswick use any endeavours to distuade him from it?

Darkin. It was time to go to bed, and I heard no more of it.

Q. Was you up when they left your house?

Darkin. I was not.

Q. Did Mr. Priswick use to lie at your house before?

Darkin. Yes.

The cross examination.

Pris. Coun. Was not Capt. Dawson young?

Darkin. Yes, he was.

Q. And was not he very warm in his temper?

Darkin. Yes; he used a great many provoking expressions, both before Mr. Laverick's face and behind his back.

Q. After Capt. Dawson left your house, what was the first thing Mr. Laverick said about the duel?

Darkin. Fighting, fighting, I don't love this fighting; we must frighten one another, or I shall be kicked about the street.

Q. Do you apprehend that Captain Laverick had the least inclination to fighting, on account of that quarrel at your house?

Darkin. I believe he never had any thought of it, and when they went out, I said there would be another drunken day.

Q. When Mr. Priswick came in, did not Mr. Laverick still talk of frightening one another?

Darkin. Yes. He said to Mr. Priswick, they must frighten one another.

Q. Do you remember any particular expression that Mr. Priswick used about going with him?

Darkin. He said he would go, for he was both their friends.

Q. Did you from what passed that night, apprehend there would be any show of fighting the next day?

Darkin. I did not believe there was any show of fighting.

Q. What time did Captain Dawson go away?

Darkin. He went away about eleven, and Captain Laverick went to bed at twelve.

Q. Did he talk any thing of the duel?

Darkin. He said, he must keep up the show of it, in order to show his honour.

Q. Was Mr. Priswick well acquainted with Captain Dawson?

Darkin. I know Mr. Priswick was acquainted with Captain Dawson, for they were countrymen, and Mr. Priswick always expressed a regard to Mr. Dawson.

Q. Did not Mr. Priswick and Captain Laverick both lie in your house the night before the duel?

Darkin. Yes.

Elizabeth White sworn.

Coun. for the crown. Did you know Captain Dawson?

White. Yes, I have known him about two months.

Q. What are you?

White. I am servant to Mrs. Darkin.

Q. What do you know of this matter?

White. Last Tuesday was sev'night, after I was in bed, Mr. Dawson came into Mrs. Darkin's coffee-house about ten o'clock at night, and asked for that scoundrel rascal, Laverick.

Q. What regiment did Mr. Laverick belong to?

White. He belonged to the Old Buffs. Eliz. Jones came to me and desired me to get up, for she was afraid there was going to be some damage done; I sent away immediately to the play to my mistress; and I said to Capt. Dawson, I was sorry to see him in a passion, (for I never saw him in one before;) and he said; if I was impertinent he would kick me; and when my mistress came in from the play, Mr. Dawson asked my mistress how she could say such and such things, and he asked again where that scoundrel rascal, Laverick was, for he said, he was come with that resolution, that he should either have his life, or he would have Laverick's life; I sent to the play to desire Mr. Laverick not to come to Mrs. Darkin's, for fear there should be some further damage, but I believe the messenger did not deliver the message right, for he did come; Mr. Dawson went out and came back again before Mr. Laverick came, and Mr. Laverick asked Mr. Dawson how he did, and Mr. Dawson asked Mr. Laverick, how he could presume to say that he would cane him the first time he saw him; and Mr. Laverick said, he never said any such thing, and he did not know what he meant; and Mr. Dawson struck Mr. Laverick over the face, and there were some blows given on both sides; and Mr. Laverick said to Mr. Dawson, I have enough of this, this is usage I don't understand; upon which they both went out of the door, but what they did I can't say; and when they came back, Mr. Dawson said to Mr. Laverick, remember you are to meet me to-morrow, at twelve o'clock, at George's coffee-house, which Mr. Laverick said he would; and Mr. Laverick said he would meet Mr. Dawson if he insisted upon it. I forgot to tell you, that when they talked about fighting, Mr. Laverick said to Mr. Dawson he could not fight him, for he had never a sword, and Mr. Dawson offered to lend him his sword that night, and Mr. Laverick took it and threw it out of doors.

Q. Was you there when Mr. Priswick came in?

White. I was in bed.

Q. What time was it when he came in?

White. About half an hour after twelve: and I heard Eliz. Jones say to Mr. Priswick, that Mr. Dawson and Mr. Laverick had some words, and that there was a challenge between them, and Priswick said, by G - I am glad of it, I will go along with them. Mr. Dawson went away about eleven o'clock, and I never saw him since.

Q. Did Mr. Priswick stay there all night?

White. He lives there; Mr. Priswick boarded at our house; Mr. Laverick lives at the Blue Boar Inn, in Holbourn.

Q. When they went from your house, did they go in a coach?

White. Yes.

Q. Who called the coach?

White. Elizabeth Bowman .

Q. When Mr. Laverick and Mr. Priswick went out of your house, did you think they were going about this challenge?

White. I thought they were going to meet Mr. Dawson at George's coffee-house.

Q. What time was that?

White. About eleven o'clock.

Q. Did not they go to meet Mr. Dawson?

White. I believe they went to meet Mr. Dawson, but I did not think any thing of a fight.

Susanna Phillips sworn.

Coun. for the crown. Where do you live?

Phillips. In Spring Garden.

Q. Do you keep the bagnio there?

Phillips. Yes.

Q. Did Captain Dawson lodge at your house?

Phillips. He used to be pretty much at it.

Q. Do you know Mr. Laverick and Mr. Priswick?

Phillips. Yes.

Q. When was Mr. Dawson at your house?

Phillips. Mr. Dawson lay at my house the night before this thing happened, and told me what had happened at Brown's coffee-house.

Q. Do you mean what happened the night before he was killed, or the first night?

Phillips. The first night, the fifth of April.

Q. Give an account what you know concerning this duel.

Phillips. Mr. Dawson was to have gone from my house the next day.

Q. What he lodged at your house?

Phillips. Yes; but he said he would not go till he saw whether Mr. Laverick would fight him, for he said Mr. Laverick may raise a report that I would not fight him; and Mr. Dawson said, he believed it was all over, for if Mr. Laverick had a mind to fight him, he should have heard from him before now.

Q. What do you know about Mr. Priswick?

Phillips. Mr. Priswick came, and said, Mr. Dawson, will you go? said I, Mr. Dawson, will you go? he said he would; and I said he should not go out with Mr. Priswick, till I knew what he went for.

Q. What happened then?

Phillips. Mr. Priswick said to Mr. Dawson, Mr. Laverick says, if ever he meets you he will cane you; but, says Mr. Priswick, do not tell him that I told you; and he said he believed Mr. Laverick would be at Mrs. Darkin's, and said, I would have you go to see whether he will cane you or not; I said, Mr. Priswick, it is wrong in you to promote a quarrel, for Mr. Laverick knows where to find Mr. Dawson, and if he was to go to strike him again, he would be counted a quarrelsome man; says Mr. Dawson, What does that rascal say he will cane me? if he does, I shall be the first of the family that ever was caned: I persuaded him not to go out, and he said, to oblige you I will not go; and Mr. Priswick said, then you will not go, and Mr. Dawson said he would not; and Mr. Priswick said, then we will not go, and went away.

Q. What happened the night before the duel was fought?

Phillips. The night before the duel Mr. Dawson went out about ten and came home about twelve; and he said he had been at Darkin's, and that he had knocked Laverick down; and he said, I am very well satisfied, for I have received satisfaction enough. By this I thought the thing was all over, and Dawson lay at my house that night, and ordered his servant to be with him at nine o'clock, and he went out very unconcerned the next morning; I bid my man go out and follow him, and come and tell me where he went.

Q. You say you sent your servant to see where he went, had you any apprehension of any damage?

Phillips. No, none at all; I asked where he was going, and he said he would not tell me; and as he had ordered his man to come at nine o'clock in the morning, I thought he was going from my house. I never saw Mr. Dawson in such spirits in my life, as he had when he went out.

Pris. Coun. When Priswick said, upon your interposition, then we will not go, did Mr. Dawson seem pleased or displeased?

Phillips. I do not remember.

Q. Did you give the same account before the Coroner's Jury as you do now.

Phillips. I think I gave the same account as I do now.

Mr. Sledger, surgeon, sworn.

Coun. for the Crown. I suppose you examined the wound, give an account what you observed.

Sledge. On Wednesday the 13th of April a person came to me, and desired I would go along with him, for there was a duel, and they were both wounded, and he believed one would be dead before I got there; I went to Mr. Laverick first, his coat was unbuttoned, and the breast of his shirt was bloody, and he desired me to go to the other gentleman first and dress him, for he wanted me more than he did; and he asked how Mr. Dawson did, I told him he was dead, and Mr. Laverick said, Is he dead that I loved so much? I found there was a necessity of opening Mr. Laverick's wound, which I did.

Q. Did Mr. Laverick say any thing to Mr. Priswick?

Sledge. He said, I believe you might have prevented this unhappy accident, if you had said something in the coach, which neither of us could do, and Mr. Priswick said, what could I do?

Q. Was this the occasion of his death?

Sledge. I apprehend it was the occasion of his death.

Q. Recollect whether there was any thing else said by Mr. Laverick as if he blamed Mr. Priswick?

Sledge. Mr. Laverick said to Mr. Priswick, if you had come up when I received my wound, in all probability Dawson would have been alive, and you might have prevented this unhappy accident; and Mr Priswick said, what could one man do between two men with swords?

The cross examination.

Pris. Coun. You say, Mr. Laverick was so tender of Mr. Dawson, that he would not let you dress his wound first, but would have you go to Mr. Dawson and assist him.

Sledge. Yes; and when I told him Mr. Dawson was dead, he expressed a concern, and said, Is he dead that I loved so well?

Q. And was not he much concerned about it?

Sledge. He always was all the time I attended him.

Q. Was not Mr. Priswick as much concerned?

Sledge. I believe he was.

Q. Might not a person be wounded while he is fighting, and not be sensible of it immediately?

Sledge. Yes, unless it goes into the cavity, and then it may be some time before it is discovered.

The Prisoners defence.

James Johnson sworn.

Pris. Coun. Who was the person that was in the field with you when this affair happened?

Johnson. One Squires; but I did not know his name till afterwards.

Q. Give an account of what you know of this affair.

Johnson. When I came first into the field, I saw three gentlemen come from Southampton-Row, and went by the Duke of Bedford's Wall towards Montague House, and then I saw these three gentlemen go towards Tottenham-Court, and they got into the third field; and one of them turned back to a man that followed them, and the other two went on, and he that came on spoke to that man.

Q. What distance were the two gentlemen, when they drew their swords, from the other gentleman?

Johnson. I believe about one hundred or one hundred and fifty yards; and when they had drawn their swords Mr. Priswick made a beck to me with his hand, and run towards them himself; but I apprehend that one of the gentlemen was wounded before he or I got up, and when Mr. Priswick got up to them they were both down, and when they were up, went immediately to fighting again; and Mr. Priswick endeavoured to beat their swords down with his right hand, and took their swords out of their hands; Mr. Dawson fell down backwards, Mr. Priswick went to speak to Dawson, and I said I believed he was dying, and he said Oh! or O dear! Mr. Priswick left Mr. Dawson, and went to assist Mr. Laverick; Mr. Laverick went to Mr. Dawson, and said, for God's sake, Dawson, speak, and I said I believed the gentleman would never speak any more; and then a surgeon was sent for.

Witnesses to the character of Capt. Laverick.

Francis Partridge . I am an innholder, and keep the Blue Boar in Holborn. I have known Mr. Laverick from September last.

Pris. Coun. Is he a mild good natured man or a passionate gentleman?

Partridge. I never saw any thing of it, he never had a quarrel in my house, and always behaved himself extreamly well. He lodged in my house.

Q. When did he come to lodge with you?

Partridge. The 19th of December last.

Mr. Martin. I have known Mr. Laverick since February or March was twelvemonth; he was in the Old Buffs, and was quartered at Lancaster. I was three months there, and during that time he behaved very peaceably and quietly, and never had a quarrel there; and I was frequently in his company.

Thomas Dunis . I have known Mr. Laverick about four months.

Pris. Coun. What is his character, is he a peaceable man or a quarrelsome man?

Dunis. He is very far from a passionate man, and is very civil in company, I never knew him to quarrel in my life.

John Senhouse . I have known the Prisoner about fourteen years.

Pris. Coun. Has his behaviour been as a quarrelsome person?

Senhouse. No, far from it: My first acquaintance with him was when he was a school-boy, and since he has come to man's estate I never heard any thing against him; I have very often been in his company, and found him to be a very peaceable man.

The Revd. Mr. Hughes (chaplain to the regiment of Old Buffs.) Mr. Laverick did belong to our regiment; I have known him about two years.

Pris. Coun. What has his behaviour been, quiet and peaceable, or what?

Hughes. He is a very good natured man; I never heard that he was addicted to quarrel.

Mr. Jefferson. I have known Mr. Laverick fifteen or sixteen years, and he is a man of a very good temper.

Pris. Coun. Do you think he would promote a quarrel?

Jefferson. He is quite of a different temper.

Q. Has he the character of a peaceable man?

Jefferson. Yes, from all his acquaintance.

Witnesses to the character of Mr. Priswick.

Zachary Moore , Esq; I live in Brook street, Grosvenor-Square.

Pris. Coun. Do you know Mr. Priswick?

Moore. I know his father, who is a very worthy gentleman of our county, the county of York; and I have heard that the Prisoner has behaved very well, and has a good character.

Q. Do you think he is a person of that temper, that he is capable of doing any such thing as has been laid to his charge?

Moore. I do not think he is.

Coun. for the Crown. Do you speak this from any knowledge of the gentleman?

Moore. I have heard that he has a very good character, as a peaceable man.

Mr. Mackglashan (a surgeon.) I have known Mr Priswick five years.

Q. Have you seen him pretty often in that time?

Mackglashan. When he was in England I have, and I always took him to be a peaceable man, and a sober man, aud never apt to quarrel; and I am sure he is not addicted to drinking.

Walter Maitland . I have known Mr. Priswick ever since April last, when I was appointed a petty officer in the Defiance, which Capt. Granville commanded; I was perfectly acquainted with him for two months, and I never saw him inclined to quarrel, and he has put up with some severe usage rather than quarrel.

Pris. Coun. Pray, as he would not fight himself, do you think he takes pains to get other people to quarrel and fight duels?

Maitland. I do not; his general character from all that know him is, that of a peaceable good natured man.

Q. What was you on board?

Maitland. I was teacher of navigation.

Q. What was Mr. Priswick?

Maitland. He was a midshipman, and was wounded in the engagement.

Mr. Hind. I have known Mr. Priswick twelve months, and I never saw him addicted to quarrel in my life.

Pris. Coun. Do you think he is a person that would go with messages, or even invent messages, to promote a quarrel?

Hind. No; but I believe if it was in his power to prevent a quarrel he would.

Mr. Sutton. I have known the Prisoner these three years, and he is a very peaceable quiet man.

James Lowry . I have known Mr. Priswick five months, and his character and behaviour are extream good; he is a sober peaceable young man, and I believe if he could prevent a quarrel he would.

Mr. Hotham. I knew Mr. Priswick a school-boy; I was with him two years at one school, and since we were men we renewed our acquaintance. I was much surprised at this when I heard it, and would not believe it, and took it to be another person, because his temper and behaviour was always quite the reverse.

Mr. Barlow. I was some time at school with him in Yorkshire, and he always was a quiet good natured lad. I have seen him a little inclinable to liquor, but he was always peaceable, and never inclinable to quarrel, or promote quarrels, but quite the reverse.

John Webb . I have known Mr. Priswick since last November; he is as quiet peaceable a man as ever I was in company with in my life; and he would sit down with the loss of money rather than have any quarrel.

Mr. Plaice. I was at school with him at Beverley, in Yorkshire, and he was always peaceable, and keeps the same disposition now, as he had when he was a school-boy. He could not be capable of doing any such thing.

The council for the Prisoner observed, that it appeared very plain, that Captain Dawson had given Captain Laverick many provocations to fight, and that Captain Laverick had often declined it, and did not seem to have any inclination to perpetrate such a design; that their putting up their swords and shaking hands, is a strong evidence of a reconciliation. And as to Mr. Priswick, his running up to them as fast as he could, after he saw their swords were drawn, carries a strong presumption that he did it with a design to prevent the mischief that was likely to ensue; and that though Captain Laverick had the misfortune to kill his friend, he hoped that his lordship would not take this to be murder in the eye of the law, and left it to his lordship's consideration*.

* The council for the Prisoner cited the case of Maugrige and Cope, and the case of Oneby and Gawler; on which the council for the crown in reply, made some observations, and quoted Hale's history of the crown, vol. 452.

The council for the crown replied, that he was unwilling to reply in a case of this nature, but only to do his duty to his client, and in regard to the publick, that he did not doubt but his lordship would call this murder in the eye of the law. For only give this the name of a duel, and then according to the wild notion of people. men may get off with impunity : that he spoke it with deference to the court, that if two persons quarrel on a sudden, and their blood is up, and one kills the other, it is not murder, but homicide, or manslaughter; but if there was time for them to cool and recollect, and one kills the other, then he must take the punishment which the law inflicts upon murder; and if Mr. Priswick was aiding and assisting in this, he is equally guilty with the other; and that it is murder, and left it to the consideration of his lordship and the jury, what part Mr. Priswick has taken in this affair.

The jury found Captain Laverick guilty of manslaughter , and acquitted Mr. Priswick.

[Branding. See summary.]

205. + Arthur Gray , late of Hawkhurst in the county of Kent , labourer , was indicted for that he, together with divers other malefactors, disturbers of the peace of our Sovereign Lord the King, to wit; to the number of seven persons, whose names are unknown, after the 24th of June, in the nineteenth year of his Majesty's reign, to wit, on the 13th day of August, 1746 , at the parish of Lyd, in the county of Kent , did, with fire-arms, and other offensive weapons, riotously, unlawfully, and feloniously assemble themselves together, 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 in defiance and contempt of the King and his laws, to the evil example of all others; against the peace of the King, his crown and dignity; and against the form of the statute, in that case made and provided.

King's Coun. May it please your lordship, and you gentlemen of the jury. The Prisoner, Arthur Gray , is indicted upon an act of parliament made in the nineteenth year of his present Majesty, and which the legislature were forced to make; and the occasion of this was, a set of lawless people setting the government at defiance, and putting the people in danger of their lives; this being carried to a great height, and all the means that were used to support it proving ineffectual, the legislature made an act, whereby it is enacted, that after the 24th of June, 1746, if any persons, to the number of three or more, armed with fire-arms, shall assemble themselves together, in order to be aiding and assisting in running, landing, and carrying away uncustomed goods, they shall be guilty of felony, without benefit of the clergy; and there was another necessary provision in this act; (this practice was got to such a height, that the magistrates dared not to put the laws in execution) and it is enacted, that the offenders may be tried in other countries, that the magistrates and other juries might not be afraid of putting the laws in execution. The Prisoner at the bar, as you will hear from the witnesses, has made himself extremely famous in this way; there is a gang called the Hawkhurst gang, which have been a terror to the neighbourhood, and he has been the principal leader in this gang. This is an offence committed on the 13th of August, 1746, and it will be proved to you, that he, together with several others, to the number of eight, nine, or ten, armed with carbines, and other offensive weapons, went to the sea-side and landed tea, which they put into oil-skin bags, and put them over the horses backs in canvas bags; and this is their constant way of running this tea; but tea legally brought, is never brought in these sort of bags, and the witnesses could not possibly mistake the Prisoner; he was so very well known in that country, and they saw him leading and driving fourteen or fifteen horses. Here are several witnesses to these facts, which cannot be contradicted, and I believe it will appear to you, that it is very happy that he is likely to be brought to justice. Call John Pelham .

John Pelham sworn.

Q. Look at the Prisoner, do you know him?

Pelham. Yes.

Q. What is his name?

Pelham. Arthur Gray .

Q. Did you ever see him concerned in running and landing uncustomed goods?

Pelham. I was a fishing, and saw him on the 13th of March 1746: I saw him between Denny Marsh and Jeuscut.

Q. How many persons were there?

Pelham. To the number of eight or nine; there were that number I am positive.

Q. What time was it?

Pelham. Between four and five in the morning.

Q. In what manner did he appear?

Pelham. The Prisoner was armed with a blunderbuss or a carbine.

Q. Had he pistols?

Pelham. I did not see any pistols, but holsters I saw.

Q. Were the others armed that were with him?

Pelham. They were all armed.

Q. To what purpose were they assembled?

Pelham. In order to the running of goods.

Q. What did you see them do?

Pelham. I saw them load the horses with casks and oil-skin bags.

Q. How many horses might they lead?

Pelham. I believe there might be fourteen or fifteen.

Q. I suppose you was not curious enough to examine what was in the oil-skin bags?

Pelham. No.

Q. What do you think was in those bags?

Pelham. Tea. That is the way of running tea.

Q. What do you apprehend was in the casks?

Pelham. Uncustomed brandy.

Q. What place did they go to afterwards?

Pelham. I saw the Prisoner and them going all together towards Lyd.

Q. Are you sure the Prisoner was there?

Pelham. I am certain he was.

Q. Did you see any vessel along the shore?

Pelham. Yes.

Q. What size was the vessel of?

Pelham. I am not certain what size, but I believe it was about forty tons.

Q. Did you go by the vessel before these goods were put on shore?

Pehlam. I cannot say that.

Q. Can you tell what goods there were on shore then?

Pelham. I cannot tell.

Q. Did you see the goods before they were put upon the horses backs?

Pelham. I saw the goods both before and after they were put upon the horses backs.

Q. Do you live in Kent?

Pelham. Yes; I was born and bred there.

Q. What is the general package of these goods?

Pelham. In oil-skin bags.

Q. Are you able to say what was in these bags from your own inspection?

Pelham. I was not near enough to see that.

Q. Were these fourteen or fifteen horses all drove or rode upon?

Pelham. Some were rode on and some were drove.

Q. Did you see any goods taken out of the vessel?

Pelham. I cannot say I did.

Pris. Coun. on cross examination. How near was you to the place where you saw these goods loading?

Pelham. About twenty rods.

Q. Can you say the Prisoner was among them?

Pelham. Yes, because the Prisoner rode by me as near as I am to that gentleman. [meaning my Lord Chief Justice.]

Q. Was the Prisoner armed?

Pelham. They were all armed.

Q. How do you know that this was on the 13th of August?

Pelham. Because when we sell our fish, we set down the day of the month.

Q. Have you your book here?

Pelham. No.

Q. What do you always make memorandums when you go a fishing?

Pelham. Yes, and this was the last day I went a fishing.

Q. Did you make any memorandum of seeing the Prisoner in this act that you speak of?

Pelham. No.

Q. What is the reason of your remembering this then?

Pelham. Because it was the last day I went a fishing.

Q. When did you discover this?

Pelham. Last Sessions.

Q. Why did you not do this before?

Pelham. I did not know it.

Q. You must know this before. How came you to keep this a secret for a year and a half? did not you think it your duty to give an account of this to a Magistrate as soon you knew it?

Pelham. Yes, but I had no opportunity, for I could not get any body to take my information.

Q. Do you set down every time you go a fishing, or only the last day?

Pelham. Every day.

Sol. Gen. Have you any doubt of your seeing the Prisoner when you saw this gang?

Pelham. I am very certain of it.

Q. Do you think it was usual, in this year 1746, for people to go directly to a Magistrate, and give an information?

Pelham. No, if they did, they would have enough to do.

Q. How many gangs have you seen?

Pelham. Forty to be sure.

Prisoner. What clothes had I on?

Pelham. Such a frock as you have now; I cannot say it was exactly the same colour.

Prisoner. I have not wore a frock these five years. What wig had I on?

Pelham. A light wig.

Prisoner. You never saw me there.

Humphry Haddon sworn.

Q. Do you know the Prisoner?

Haddon. Yes; I have seen him many a time.

Q. How did you come to know the Prisoner?

Haddon. I lived a servant at the George Inn in Lyd.

Q. Can you mention any particular time when you saw the Prisoner?

Haddon. Yes; on the 13th of August, 1746, I saw him with seven or eight more, and there were fourteen or fifteen horses.

Q. Were the horses loaded?

Haddon. Yes.

Q. What did you take them to be loaded with?

Haddon. With tea and brandy.

Q. Why did you take it to be so?

Haddon. Because it was the way they used to bring the tea and brandy; I have helped them down with it many a time?

Q. Was the Prisoner armed?

Haddon. He had a blunderbuss on his shoulder.

Q. What time of the year was this?

Haddon. I was driving a load of corn in a team, and was forced to go out of the way for them, and I think they went farther into the country.

Q. I suppose you are always very civil to them, and give them the way?

Haddon. We are forced to it.

Q. What time was this?

Haddon. Between six and seven in the morning, as near as I can guess.

Q. Was it the first or the last time of carrying in corn that year?

Haddon. The first time.

Q. How far is Lyd from the shore?

Haddon. It is computed to be three miles from the Marsh Gut at the shore.

Pris. Coun. on the cross examination. Are you sure this was not in July?

Haddon. I am sure it was not, the corn was all out then.

Q. Do you remember the day of the week?

Haddon. No.

Q. Who did you live with?

Haddon. I lived with Thomas Coats , at the George Inn in Lyd.

Q. Did Gray use to come there?

Haddon. Yes, he brought goods and laid them down while they baited their horses.

John Polhill sworn.

Q. What are you?

Polhill. I am a riding officer.

Q. Then it is your business to look out for the smugglers, give the Court an account when you saw any smugglers.

Polhill. On the 13th of August, 1746, I saw a gang of smugglers go through Lyd.

Q. Which way did they go?

Polhill. I think they went further up into the country.

Q. Did you see their faces?

Polhill. No, I did not.

Q. How do you know it was the 13th of August?

Polhill. Because we minute it.

Q. What time was it?

Polhill. I think it was between six and seven in the morning; they came from the sea towards Lyd.

Sol. Gen. My Lord, we rest it here.

Prisoner. I have not been at Lyd these three years; both these fellows, before they woul d go to work, would take any man's life away for any thing.

Sol. Gen. The Prisoner put off his trial last Session, upon an affidavit, that William Bishop and Samel Territ were material witnesses for him, and could not be here then.

Guilty Death .

206. + William Rowland , otherwise Rowlin, otherwise Rowling , was indicted upon a suggestion, that he, the said William Rowland , after the 24th day of June, 1746, to wit, on the 13th day of July, 1747, at the parish of St. Paul, Covent Garden, in the county of Middlesex, was, in due manner charged before Thomas Burdus , Esq; one of his Majesty's justices of the peace for the said county, upon the information of William Sealy , a credible person, upon oath, that he, the said William Rowland , with divers other persons, to the number of three or more, after the 24th day of June, 1746. to wit, on the 20th day of May, 1747 , did assemble together at Benacre, in the county of Suffolk , armed with fire-arms, and other offensive weapons, in order to be aiding and assisting in the running, landing, and carrying away uncustomed goods, &c . And that he, the said Thomas Burdus , Esq; on the said 13th day of the said month of July, did return the said information to his Grace the Duke of Newcastle, one of his Majesty's principal secretaries of state, who did, as soon as conveniently could be, to wit, on the 7th day of August, 1747, lay the same before his Majesty in his privy council; and that his Majesty, on the said 7th day of August, did make an order in council, requiring and commanding the said William Rowland , otherwise Rowlin, otherwise Rowling, and others, in the said order particularly named, to surrender themselves within forty days after the publication of the said order in the London Gazette; and that this order was published in the two next succeeding London Gazettes, to the lord chief justice, or to one other of the justices of the court of King's bench, or to any of his Majesty's justices of the peace; and that this order was transmitted to the sheriff of the county of Suffolk, who, within fourteen days after the receipt thereof, caused the same to be publickly proclaimed on the two next market days, in the publick market places, of Leostoff and Beccles, being the two nearest market towns to the place where this offence was committed, and that the same was fixed up, on the two next market days, in the publick market places of Leostoff and Beccles; and that he, the said William Rowland, has not surrendered himself according to the said order, and therefore the said William Rowland , otherwise Rowlin, otherwise Rowling, is, and stands convicted and attainted of felony*. And this the Attorney General for our said Lord the King is willing to aver and testify, and therefore desires the court to award execution against the Prisoner.

* See the act of the 19th of his present Majesty to prevent smuggling.

The several issues contained in this suggestion, the Prisoner has denied, and thereupon issue is joined; and you are to try these issues between our Sovereign Lord the King, and the Prisoner at the bar.

King's coun. May it please your lordship, and gentlemen of the jury. There was an act of parliament made in the 19th year of his present Majesty, to prevent this pernicious practice of smuggling; and besides the provisions made by several clauses in this act, there is another provision which was thought necessary by the legislature to be made, which was, attainting them if they did not surrender; for every man was afraid of giving an information against them, because he was in danger, his family in danger, and his effects in danger, and no justice of the peace was willing to take an information; and therefore there was a method to be thought of, whether it could not be done in any other part of the kingdom; and therefore it was enacted, that an information might be made before any of his majesty's justices of the peace for any other county; and the legislature has thought fit to attaint them if they do not comply with the terms specified in this act. Gentlemen, you have nothing to do whether the Prisoner is guilty of this offence, you are only to try whether he is guilty of the several facts stated by the Attorney General; therefore I will state to you those material facts, and you are to try whether those facts are proved.

The first fact is, that he was on the 13th day of July, charged on oath before Thomas Burdus , Esq; one of his Majesty's justices of the peace, by William Sealy , a credible person, and subscribed by him, that William Rowland , otherwise Rowlin, otherwise Rowling, of Ipswich, in the county of Suffolk, butcher, with several other persons, to the number of three or more, and after the 24th day of June, 1746, to wit, on the 20th day of May, in the 20th year of his Majesty's reign, were assembled together at Benacre, in the county of Suffolk, with fire-arms, in order to be aiding and assisting in the running and landing of uncustomed goods.

The next thing is, that Mr. Burdus did, on the same day the information was given before him, certify under his hand and seal, and did return this information to his Grace the Duke of Newcastle, one of his Majesty's principal secretaries of state.

The third fact is, that the Duke of Newcastle, on the seventh of August, 1747, laid this information, so certified to him, before his Majesty in council.

The fourth fact is, that his Majesty in council did make an order, requiring William Rowland of Ipswich, in the county of Suffolk, butcher, to surrender himself within forty days after the publication of this order, in the London Gazette, and that this order was published in the two succeeding London Gazettes, to the Lord Chief Justice, or to one other of the Justices of the Court of King's Bench, or to one of his Majesty's Justices of the Peace.

The fifth thing is, that this was to be printed by the order of the King in council, and published in the two next succeeding London Gazettes.

And the sixth fact is, that this order was to be transmitted to the sheriff of the county of Suffolk, to be proclaimed within fourteen days after his receiving that order, at ten in the morning, and two in the afternoon, at Leostoff and Beccles, being the two nearest market towns to the place where the offence was committed, and was to be fixed up in the publick market-places of those towns on the two next market days. Gentlemen, these things are incumbent on the part of the Crown to prove, and it must be proved that these things were done. And there is a negative to be proved, that the Prisoner did not surrender himself within the forty days, and if he did surrender himself within the forty days, it is incumbent on him to prove it; and if these things which I have suggested to you are proved, you will find the issues for the King; the Prisoner denies all these facts, and therefore we shall endeavour to prove them. Gentlemen, the first thing to be proved is the taking the information.

Justice Burdus sworn.

King's Coun. I think you are the Justice of the Peace who took the information?

Burdus. I am.

Q. Was the information taken by you?

Burdus. Yes.

Q. Who made the information?

Burdus. William Sealy .

Q. And was it taken on the oath of William Sealy ?

Burdus. Yes.

Q. Is it signed by William Sealy ?

Burdus. Yes.

Q. When was it sworn to?

Burdus. On the 13th of July, 1747.

The information was read; the contents of which are, that William Rowland of Ipswich, butcher, together with divers other persons, to the number of thirty, upon the 20th day of May, 1747, armed with fire arms, and other offensive weapons, were assembled at Benacre, in the county of Suffolk, and were aiding and assisting in runing and landing uncustomed goods; and that the said William Rowland did run out of a smuggling cutter a large quantity of uncustomed goods, viz. about twenty pounds weight of tea, and thirty half anchors of brandy.

The certificate, signed and sealed by Justice Burdus, to the Duke of Newcastle was read.

Charles Chower sworn.

King's Coun. Did you carry this information, and the certificate annexed, to the Duke of Newcastle's office?

Chower. I carried this, and delivered it to Mr. Ramsden, a clerk at the Duke of Newcastle's office. I have made a memorandum in my book of the time.

Q. When did you carry it?

Chower. I carried it the 16th of July. This is it, here is my mark upon it.

Mr. William Sharpe sworn.

King's Coun. Mr. Sharpe, do you know when this information was laid before the King in council by the Duke of Newcastle?

Sharpe. On the 7th of August, 1747, the Duke of Newcastle laid this before his Majesty in council.

Q. Did you attend then?

Sharpe. Yes; and the King then made an order in council, for all those persons, who are mentioned in that order, to surrender themselves within forty days after the publication of this order in the London Gazette.

The order made by the King in council on the 7th of August was read.

Q. Do you know any thing of this order being sent to the printer of the London Gazette?

Sharpe. I sent it to the printer of the London Gazette, to be published in the two next succeeding Gazettes, and I sent it to the high sheriff of the county of Suffolk.

Mr. Edward Owen , printer of the London Gazette, sworn.

King's Coun. Had you any order from any of the clerks of the privy council to print two accounts of the order of council made on the 7th of August in the two next successive Gazettes?

Owen. I had it brought to me on the 7th of August.

Q. When was the next Gazette published?

Owen. On the 8th of August, the next was on the 11th of August.

Mr. Owen produced the order he received, and then that order was read as it was printed in the Gazettes of the 8th and 11th of August.

Charles Tisted, under sheriff of the county of Suffolk, sworn.

King's Coun. Who is the high sheriff of the county of Suffolk?

Tisted. Robert Edgar , Esq; is high sheriff.

Q. Do you know any thing of an order of council being sent to him?

Tisted. On the 10th of August last an order of council was brought by a clerk of Mr. Sharpe's, and Mr. Edgar desired me to write a receipt for it, and I dated it the 9th though it was the 10th; my clerk made out two copies of it, and I sent them to William Smith , sheriff's officer at Beccles and Leostoff.

The order that was sent to the high sheriff of the county of Suffolk was read.

Q. How came you by this order?

Tisted. This order came by a messenger from Mr. Sharpe to Mr. Edgar, and I directed the two copies which my clerk made out to be put up in the market-places of Beccles and Leostoff.

William Smith , sheriff's officer, sworn.

King's Coun. Did you receive any letter from Mr. Tisted about the 16th or 17th of August?

Smith. Yes, and I went on the 19th to Leostoff.

Q. Was that a market-day?

Smith. Yes.

Q. What day of the week was it?

Smith. On a Wednesday; and about eleven o'clock in the forenoon I read the proclamation at the market-place, where all proclamations are read, and nailed it up at the cross, where all proclamations are nailed up. And I read it at Beccles, on the 22d of August, on a market-day.

Q. What time of the day?

Smith. A few minutes after one.

Q. Where did you nail it up?

Smith. At the market cross.

Q. Were they the same papers that you received from Mr. Tisted?

Smith. Yes.

Q. Are these two towns, Leostoff and Beccles, the two nearest market towns to Benacre?

Smith. I think they are, or at least as near as any.

Pris. Coun. to Mr. Tisted. Are you sure these are true copies?

Tisted. I am sure they are true copies.

Pris. Coun. My Lord, the Prisoner is not the person intended in the information of Sealy, and we are ready to prove it.

King's Coun. If they can prove there is any other Rowland of Ipswich, butcher, that may alter the case.

Mr. Kelly said, that Sealy had declared, and said he was willing to make an affidavit that he never did make any information against the Prisoner.

Court. Why did not you get this Sealy here?

Pris. Coun. My Lord, we could not get him.

Jury. As this is an extraordinary case, we desire to know whether it should not be proved, that this is the man meant in the order published in the Gazette.

King's Coun. The Prisoner, before execution is awarded, may shew that he is not the same person, and then the council for the King are to prove that he is.

Jury. Our doubt is, whether it ought not to be proved, that this is the man that was meant in the information, or whether he is to prove that he is not?

King's Coun. In the case of Mr. Ratcliff, he denied that he was the Ratcliff the Court meant, and then the council for the King were to prove that he was.

Clerk of Arraigns. Do you find all the issues contained in the suggestion for the King or for the Prisoner?

Jury. For the King.

King's Coun. The reason of our going on in this manner was to preserve the rule of evidence, but for the satisfaction of the gentlemen of the Jury, Mr. Tisted the under sheriff knows him very well, and knows him to be William Rowland , a butcher at Ipswich. My Lord, I desire that judgment may be awarded against the Prisoner.

Rowland. I am not guilty at all of what is laid to my charge.

Death .

207. Jeremiah Levi was indicted, for that he, on the 29th of February last, at St. James's Duke's Place, London , feloniously stole ten pieces of wrought silver plate, called Aaron's Bells, value 50 l. two pieces of velvet trimmed with gold lace, called the altar vails, value 4 l. a piece of embroidered brocade, called the mantle and covering of the law, value 10 l. and three pounds in money, all the property of persons unknown .

Adolphus Cohen , Clerk of the Synagogue.

Q. Do you know of any thing that was lost from the Synagogue?

Cohen. On the 29th of February, when I opened the Synagogue, I found the key of a closet in which we put several things, and when I opened the door, I found that the poor's box was broke open, and the money taken out; I sent for a smith to open the door of the altar, and there is a cupboard under the altar, and there were some particular things in that, which we only use on particular days, which were taken away; there was the covering of the law, the altar vails, and five pair of bells, which we put on to our laws at particular times.

Q. Explain yourself what you mean by the laws.

Cohen. The five books of Moses, which are wrote on parchment, and rolled up on two sticks. I went to Mr. Symons our elder, and he ordered me to call our vestry together between four and five in the afternoon. I had a suspicion of Jeremiah Levi , because the goods that were stole were carried out of a window which looks into his yard, and there was a cane found, which there is great reason to suspect was the Prisoner's. Our vestry sent for me, we got a search-warrant, and I went and searched his house, but found nothing; they sent me to fetch those things belonging to the Synagogue, and there was a board of the floor broke open, and when the board was taken up I saw all my things there, and I carried them to our elder of the Synagogue; they were in the Prisoner's house up one pair of stairs.

The five pair of bells, the altar vails, and the covering of the law, were produced in Court.

Q. What are these bells called?

Cohen. They are called Aaron's Bells.

Q. Do you use this covering upon all days?

Cohen. We use these things in holiday-time.

Q. Did you find all the things in the same place under the floor?

Cohen. Yes.

Q. And was, you told to break open the board of the floor?

Cohen. No, other people did it; but when it was broke, I found all my things.

Q. How came they to get this information where the things were?

Cohen. I don't know, but I do suppose the Prisoner had confessed at the vestry where the things were.

Q. You did not find your money, did you?

Cohen. No, my lord.

Q. Was the Prisoner sent for by the vestry?

Cohen. Yes, my Lord, and he went to them.

Ben. Levi, sexton of the synagogue.

Q. What do you know of this affair?

Levi. These things were found in the Prisoner's house.

Q. How long was it after you missed them, before they were found?

Levi. I went to my Lord Mayor about two or three o'clock in the afternoon for a search warrant, and I searched the Prisoner's house, and there were some ropes which we pull the windows of the synagogue to with, in the Prisoner's garret, but I could not find any thing else; I searched two or three other houses, and while I was gone to search them, a cane was found in the womens gallery in the synagogue, (this is the cane.) I went to the Prisoner's house again, and he told me, his son was writing at a desk above stairs. I staid in the house two or three hours, and some of the gentlemen who were sitting at the vestry, came and bid me go up and move the table, and they took up a board.

Q. Who took up a board?

Levi. Our carpenter did, or one of our men.

Q. By whose direction did you go there?

Levi. By the direction of our masters, the gentlemen of the vestry; they bid me go up stairs.

Q. Can't you explain yourself, why they bid you go up stairs?

Levi. They bid me go up stairs, and bid me stay there.

Q. What did they bid you go for?

Levi. They bid me go up and stay till they sent for me.

Q. Did you suspect any one person more than another?

Levi. Mr. Polock found some little sparks of gold in the window, as if these things had been drawn out at the window.

Laz. Symon. The clerk of our Synagogue came and told me, that it was broke open, and he said, for God's sake, Sir, let me have a warrant to go and search the house of a person that I have a suspicion of; we got a search warrant, and there were some ropes found in the Prisoner's garret, that did belong to the synagogue; I desired our clerk to call several of the members together, who belong to the vestry, to consult what was to be be done. We sent to the Prisoner's house, with a message for him to come to us, and when he came, we told him, we have a strong suspicion, that you are the person that has robbed the synagogue, and desired that he would make a confession, but he would not at first; we asked him when he went to the synagogue, and he said, at eight o'clock: and others said, they saw him at half an hour after seven; he desired the company to withdraw, and then he did confess the fact; that he lay concealed in the synagogue all night, and had taken the things and hid them under the floor: and that he did expect a reward would be offered for them, and then he did design to produce them; and we sent Levi the sexton to the Prisoner's house, and bid him not stir from the place till he had orders to go; Mr. Solomon was there, and he can give you a better account of this.

David Solomon . On Monday the 29th of Feb. I was informed that the synagogue was robbed, and was desired to attend the vestry, and they told me, there were some pieces of rope found in the Prisoner's house that belonged to the synagogue. I desired that the Prisoner might be sent for to the vestry, and he came, and stood out in it for about half an hour, that he knew nothing of it; we told him, we had evidence enough against him, without any thing else; he desired the company to withdraw, and then confessed the fact, and said, that poverty had brought him to it; that he had concealed himself in the synagogue all night, and had taken the things away, and carried them to his house, and that they were put under the boards of the floor where his son was writing; we ordered the floor to be broke open, and under this place where the table stood, these things were found.

Prisoner. I always had a good character, and can have one from dukes and noblemen, but I hope God will stand my friend; I was lately come from Germany, and was in great distress. I found these things in the yard, and carried them to my house, and concealed them there, thinking that a reward would be offered for them, and then I did design to produce them

Guilty .

[Transportation. See summary.]

208. Margaret Lymes , of St. John the Evangelist , was indicted for stealing a cap, a handkerchief, a shift, a cloak, and some stone-ware , the property of William Ballard , Feb. 27 .

William Ballard . I am a carpenter , my wife deals in stone-ware: my wife said, she had been robbed, I asked the Prisoner what she had done with my ware and the basket, and she said, I might go look.

Sarah Ballard . The Prisoner lived on and off with me nine years, she came to me the 26th of Feb. and desired I would take her in; my husband said, she had been so wicked before, that he would not take her; she owned the taking the things, and swore by her G - above, that she would be revenged on me.

Guilty 10 d.

[Transportation. See summary.]

209. Jane Evans , was indicted for stealing four pewter-plates, val. 8 d. the property of William Taplin , Feb. 25 .

Guilty 10 d.

[Whipping. See summary.]

210. John Stanning , was indicted for stealing two pewter-plates, a frying-pan, and a brass candlestick , the property of Stephen Astell .

Guilty 10 d.

[Transportation. See summary.]

211. William Dowers , was indicted for stealing an iron trivet, a fire-shovel, a dripping-pan, a toasting-iron, and six pounds weight of iron , the property of John Smithers , March 1 .

Acquitted .

212. James Lawrence , of St. Michael's Cornhill , was indicted for stealing a parcel of books, unbound, viz. Collier's Ecclesiastical History, &c. to the value of two pounds two shillings , the property of Robert Willock , March 25 .

Robert Willock said, he knew nothing of the Prisoner, but that these books, (which are his,) were found upon the Prisoner by a constable at Aldgate that stopped him, and that he found them at the constable's house.

George Wardley . I am gate-keeper at Aldgate, and have been twenty years, and I always make it my business to stop people that I think suspicious. On the 25th of March, the night the fire was, after I had been several hours at the fire, with my Lord Mayor, I went to my watch house at Aldgate, and just under the gateway, about five o'clock, I saw the Prisoner coming along with a bundle; I asked him what he had got, he seemed a little surprized, and desired I would let him go; I asked him where he had them, he said, he had been at the fire, and the people were throwing their books out of the windows into the street, and that a man gave them to him; (they were very wet and dirty) and said, for God's sake take them away, and carry them to the owner; he said he was a gardener, and had been a fallading at Newgate-Market.

Prisoner. I found them in the channel, in Leadenhall-street, and there were a great many more, and a strange man gave them to me, and desired me to carry them away.

Thomas Barnes of Limehouse, and James Gough of Poplar, &c. gave him the character of an honest man.

Acquitted .

213. Francis Howell , of St. Sepulchres , was indicted, for that he, after the 24th day of June, 1731, to wit, on the 26th of March last, did rip, and carry away, an iron-rail, fixed to the dwelling-house of Liscomb Price .

Liscomb Price. About two months since, I had my house unfortunately three times attempted to be broke open, though I am in sight of two watchmen: I was called up by the watchman, and the rail was ripped from the place, but not carried away *; this iron was fastened to the side of the door, the nails were drawn, and it was ripped from the post, but not separated from the other irons.

* The act says, if any person shall rip, cut, or break, with an intent to steal any thing fixed to a dwelling-house.

John Evans . About a quarter after three, I was at my stand, and heard something wrench, and I saw the Prisoner wrenching something off from the post, and the Prisoner run into a court and concealed himself; I went to my stand, and in about a quarter of an hour I heard something tinkle again; I asked him what he did there, and he said, he worked there; I took hold of his handkerchief, and that broke, and he got away, but I secured him: the iron-rail was wrenched from the post, and the nails drawn, but was not taken from the other rails.

Guilty .

[Transportation. See summary.]

214. Benjamin Cartwright was indicted upon the same Statute, for ripping, cutting and carrying away one hundred pounds weight of lead, value 11 s. fixed to a dwellinghouse belonging to Richard Tims , and fifty pounds weight of lead, value 5 s. 6 d. fixed to another house belonging to Richard Tims , his property , March 21 .

Acquitted .

215. John Turner , of St. Andrew Undershaft , was indicted for stealing two shillings and sixpence in money , the property of Thomas Evenden , March 21 .

Thomas Evenden . I am a grocer in Leadenhall-street . The Prisoner was porter in my shop; I had a little mistrust of him, for I thought by his appearance that he did not go on right; and one evening, after the shop was shut, I sent three shillings and sixpence by a friend to buy some little matters, which I marked, and when I came home there were two shillings and sixpence gone out of the three shillings and sixpence; the next day I asked him what money he had, he pulled it out of his pocket, and there were the two shillings and the sixpence which I had marked with a little mark under the head, the other shilling I found in the drawer.

Prisoner. The money never was in the till.

Mr. Taylor. Mr. Evenden came over to me, and told me he had mistrusted his servant of wronging him; that he had missed two shillings and sixpence out of three shillings and sixpence that he had marked. The Prisoner was going to make a holiday that day, I said he had better examine him now, and he called him into the comptinghouse, and said, I think I lost some money last night, and I insist upon seeing what money you have; and I saw the money taken out of his pocket, and he owned that he took it, and had kept it, and had taken twenty shillings more.

Acquitted .

216. Ann Palmer , of St. Botolph Bishopgate , was indicted for stealing twenty-four yards of galloon, value 2 s. the property of Stephen Gilly , April 1 .

Guilty 10 d.

[Transportation. See summary.]

217, 218 Jacob Myers , and David Lazarus , of St. Michael Cornhill , were indicted for stealing half a firkin of soap, value 8 s. and a firkin, value 2 d. the property of Bridget Brent , and Phineas Pateshall , and a trowel, value 4 d. the property of Phineas Pateshall , March 25 .

Phineas Pateshall . I am partner with Mrs. Brent. In the late fire I lost part of a firkin of soap; the trowel is my own.

Benjamin Dolphin . I am a constable of Aldgate Ward. On the 25th of March I stopped these two fellows with the soap about five in the morning; at first they said they found it, and afterwards they said they were hired to carry it. They were both walking together, but Myers had the soap; I did not much understand what Lazarus said, because he cannot speak English well.

George Wardley . My brother constable, Mr. Dolphin, and I took these two fellows with this soap; it has never been out of my custody. Lazarus can speak but very little English, and Myers said he found it in Cornhill; I said I believed they found it thereabout.

[A sheriff's officer said he was informed that Lazarus was dumb.]

Wardley. He can speak very well, for he said in English, that an Englishman gave it them.

Hermanus Wagg. I am a jeweller in Prescot-street. I have known Myers eight years; he lived with me two years as an errand-boy , and I have entrusted him with several things, and believe he is innocent, or he would not have carried it so far in a populous street. The other is quite a stranger, he has not been here above three weeks.

Q. What do you think their design was?

Wagg. Their design was to take it away as if they had found it, not as if they had stole it.

Acquitted .

219. + Richard Worris , otherwise Irishman , was indicted, together with William Brister , James Page , Theophilus Watson , James Roberts , John Potbury , otherwise Jack the Sailor, William Billingsly , otherwise Gugg, and Henry Gadd , otherwise Scamper, ( William Lippy , and Samuel Bannister , not yet taken) for assaulting Joseph Underwood on the King's highway, putting him in fear, and taking from him a silver watch, value 50 s. two brass seals, value 2 s. and a hat, value 4 s. his property , August 24, 1744 .

Mr. Underwood gave the same evidence as he did on a former trial*, when the above persons were tried, convicted and executed, for this and other street robberies (except James Page , who was acquitted;) but William Harper , who gave the information against the Prisoner and the others, and was evidence against them, being dead, and there being no other satisfactory evidence to confirm Mr. Underwood's, he swearing only to the robbery, but not to the persons that committed it, the Prisoner was acquitted .

* See December Session in Sir Henry Marshall 's mayoralty, P. 22. Trial No. 48. &c. when the above persons, with others of the Black Boy Alley gang, were tried.

He was likewise charged with four other highway robberies, viz. for robbing Mr . Thomas Pestell , Mr . William Vaughan , Mr . Edward Jones , and Mr . James Hind , in company with the abovementioned criminals , but none of the Prosecutors appearing, he was likewise acquitted upon these indictments.

220. + Susannah Urwin , of St. Botolph Bishopsgate , was indicted for stealing twenty yards of long lawn, value 40 s. the property of William Portall , in his shop , Feb. 27 .

William Portall . The Prisoner came into my shop the 27th of February; I was in the comptinghouse; my servant called me, and said the Prisoner had taken a piece of lawn, and I sent for a constable and charged her. My servant took the lawn from her.

Hannah West . The Prisoner came into my master's shop about ten in the morning, and asked for some check; she took this piece of long lawn off the counter; I saw the ticket of the piece of lawn hang lower than her cloak, and I took it from her; she had the piece under her arm, and held it pretty tight.

Prisoner. I am a stranger here, I am a Norwich woman, and for the sake of my poor children I desire you would have mercy upon me.

Guilty 4 s. 10 d.

[Transportation. See summary.]

221. John Frederick , of St. Botolph Aldgate , was indicted for stealing a hat edged with a silver lace, value 5 s. the property of Joseph Tindall , March 10 .

Joseph Tindall . I am a plaisterer . I was making up some stuff, and my master bid me run after the Prisoner, for he said he had stole something. When I took him, I asked what made him do it; he said the devil put him upon it, or the devil was in him. He was very rebellious, and I was forced to give him a knock, and I took my hat from him.

Joseph Tailworth . I saw the Prisoner going along with something under his coat, and it was Tindal's hat. I asked him why he did not take the coat and all, he said he wished he had; said I, if you had you would have had a good dinner, for there was some bread and lamb in the pocket.

Guilty .

[Transportation. See summary.]

222. William Dresden was indicted for stealing twenty-two pounds weight of beef, value 3 s. the property of George Mills , March 23 .

Guilty 10 d.

[Whipping. See summary.]

223, 224. Neil Karragan , and Hugh Campbell , were indicted for stealing one hundred pounds weight of tobacco, value 50 s. the property of Joseph Adams , March 18 .

It was proved, that the tobacco was stole out of the Dumwell Frigate .

Both guilty .

[Transportation. See summary.]

225. Edward Haynes , was indicted for stealing thirty-six pounds weight of lead, value 3 s. the property of Thomas Sage , March 10.

Guilty .

[Transportation. See summary.]

226. John Fierf , of St. Dunstan Stepney , was indicted for stealing twenty-six deal boards, value 1 l. 14 s. the property of Thomas Chuter , March 10 . And

227. William Carpenter , for receiving the same, knowing them to be stolen .

Fierf guilty , Carpenter acquitted .

William Carpenter , of St. Mary Whitechapel , was also indicted for stealing fourteen pieces of wooden joists, value 1 l. 1 s. the property of Elias Copperfield , March 12 .

Acquitted .

[Branding. See summary.]

228. Ann Field , of Allhallows Barkin , was indicted for stealing six shirts, value 13 s. two shifts, value 6 s. and two checked aprons, value 12 d. the property of William Williams , March 26 .

Acquitted .

229, 230. Samuel Sibre , and William Taylor , of St. Botolph Aldgate, London , were indicted for stealing an elm plank, value 8 s. the property of Thomas Rust , March 22 .

Acquitted .

231. Hannah Wilson , was indicted for stealing a sheet, a tea-kettle, a blanket, two window curtains, a pillow, a pewter dish, and a plate, value 15 s. 4 d. the property of Thomas Richards , in her lodging , March 23 .

Guilty .

[Branding. See summary.]

232. Edward Parker , was indicted for stealing a linen apron, two caps, two pair of thread stockings, and two cambrick handkerchiefs, value 6 s the property of Ann Dell , and a linen apron, value 3 d. the property of George Went , March 19 .

Acquitted .

233. 234, 235. John Lawrence , William Prosey , and Francis Taylor , were indicted for stealing three bolts of copper, value 15 l. the property of John Martin , March 8 .

John Martin . I am a barge master . I lost three bolts of copper out of my barge, two were lost in February, and one the eighth of March.

Q. Is it your copper?

Martin. No, but I am answerable for it. One bolt weighed one hundred and a half, and three pounds, and I charged it at 8 l. 8 s.

Daniel Wright . This single bolt was stole the 8th of March, it weighed one hundred and a half, and three pounds.

Q. Who took it out of the barge?

Wright. I did. William Prosey and Taylor asked me to go with them, and there was one John Placket with us; Taylor and I took this cake of copper out of the barge when the men were asleep, and I, Prosey, Taylor, and Plackett, sold it to William Peachey, at Cow-Cross, and shared the money. Lawrence was not with us then.

Q. When was you taken up?

Wright. The 11th of April, with six bolts of copper, offering them to sell.

Benjamin Weale . I am a brasier in Wood-street. I had a search-warrant about the copper, and that discovered this affair; this piece was cut by a smith to deface it, and it was brought to me quite hot, and I knew it to be stole. I found these four fellows at an alehouse called the Twopenny house, in Chick-Lane; it is called so, because they sell strong beer for two pence a quart; they buy their malt at six shillings a quarter. When the Prisoners were before Justice Hole, he asked them what they had to say, and they said they had nothing to say, for he knew too much already.

Elizabeth Bragg . I keep a publickhouse, at the Turk's Head in Turnmill street. The Prisoners lodge at my house. I do not know that they ever wronged any body. I had two keys, and they commonly went out at nine or ten in the morning. I never knew them to lie out, nor never knew them to bring in any thing.

Q. What did they say they did for their living?

Bragg. They all said they went to empty West-country barges of malt and other things.

Lawrence acquitted .

Prosey and Taylor guilty .

They were a second time indicted for stealing six bolts of copper, value 18 l. the property of Charles Robinson , April 10 .

Guilty .

[Transportation. See summary.]

236. John Keys , otherwise Thornton , was indicted for stealing twelve pounds weight of tea, value 4 l. three pounds weight of coffee, value 15 s. fifty-eight yards of camblet, value 3 l. 16 s. fourteen yards of stuff, called everlasting, one pound of chocolate, and one pound of thread , the property of George Grisewood , April 5 .

George Grisewood . I am an innkeeper . These goods were delivered into my custody the fifth of April, to send by the carrier to Marlborough, and that night they were stole out of the waggon in the yard at the Rose Inn at Holbourn-bridge .

Mary Harrison . These goods were delivered to me the fifth of April, and I delivered them out of our warehouse to the porter to be loaded.

Robert Plimmer . I saw the Prisoner with these goods on the 6th of April, between five and six in the morning, near Ratcliff, and I went into the Red Cross, a publickhouse, with him to drink; he tore a corner of the paper, and asked what that stuff was worth a yard; so I stopped him, and carried him before Justice Dennett.

Guilty .

[Transportation. See summary.]

237. Richard Etherington , was indicted for stealing one ounce and thirteen pennyweights of silver, value 8 s. the property of Mark Thomagay , April 12 .

Acquitted .

238. Henry Williams , was indicted for stealing twelve pair of worsted stockings, value 19 s. the goods of George Scott , January 22 .

Acquitted .

239. John White , was indicted for stealing a parcel of wood, value 8 s. the property of persons unknown , April 1 .

Acquitted .

240. William Thompson , was indicted for stealing twelve shillings , the property of John Burt , March 8 .

The Prisoner is between eleven and twelve years of age, and had lived about three weeks with Mr. Burt. who keeps a publick house . He owned that he lifted up the sash of a back window of a lower room about four in the afternoon, got a knife, and broke open a lock of a chest of drawers, and took out twelve shillings, and had laid part of it out in shoes and stockings.

Guilty .

[Transportation. See summary.]

241. Arabella Jones , was indicted for stealing a China bowl, value 5 s. the property of Thomas Griffin , March 26 .

Guilty 10 d.

[Whipping. See summary.]

242. Thomas Boswell , was indicted for stealing a piece of cloth, value 8 s. the property of Hannah Glass , October 5 .

Mrs. Glass is habitmaker to the Princess of Wales ; the Prisoner was her servant , and this Prosecution, though the fact was committed in October, arose from a difference between him and John Utley , his fellow servant, who carried on the Prosecution without any order from Mrs. Glass.

Acquitted .

243. Edward Bell , was indicted for stealing twenty-two shoes, value 18 s. 6 d. the property of John Paradice , March 25 .

These shoes were lost at the fire in Cornhill .

Acquitted .

244. James Winter , was indicted for stealing a pewter quart pot, value 10 d. a pewter pint pot, value 5 d. the property of Andrew Wright , April 19 .

The Prisoner was seen in the Fields by Tottenham-Court beating and bruising these pots against a post, and the name was almost scratched out, but not so much, but that it might be picked out, Andrew Wright , at the Cheshire Cheese in Fleet-street.

Guilty .

[Transportation. See summary.]

245. + Thomas Crafts , was indicted for stealing a silver stock buckle, value 3 s. a pair of chrystal buttons, value 12 d. a man's hat, value 5 s. and six guineas, value six pounds six shillings, two half guineas, value one pound one shilling, and seven pounds ten shillings in silver, the property of Ambrose Lawrence , in the dwelling-house of Richard Collins , Feb. 29 .

Ambrose Lawrence . The Prisoner was servant to Mr. Collins, and lay with me. I went out to work on the 29th of Feb. at six in the morning, and left him in the room; I was sent for, and when I came home, I missed upwards of fourteen pounds, a silver stock-buckle, and a pair of chrystal buttons.

Q. Did you get your money again?

Lawrence. I got twelve pounds five shillings.

Mr. Clarke, the Portsmouth carrier produced the money, stock-buckle, and buttons; and the Prosecutor said, the buckle and buttons were in the box with the money.

George Clarke . The Prisoner went down to Portsmouth in my waggon on the 29th of Feb. The boy seemed pretty free upon the road, and my servants thought he must wrong his friends or some other person; and acquainted me with it, I examined him, and he confessed he took it from this young man, at Mr. Collins's, at the Castle, in Eastcheap, and I brought him up to town

Guilty of the felony, and acquitted of stealing in the dwelling-house .

[Transportation. See summary.]

246. Joseph Ward , was indicted for stealing a double deal-board, value 2 s. and 6 d. the property of James Walker , April 1 .

Acquitted .

247. + Martha Pond , was indicted for stealing a silk handkerchief, val. 2 s. the property of William Cooke , privately from his person , March 14 .

Guilty 10 d.

[Whipping. See summary.]

248. Joshua Sully , was indicted for stealing 28 pound weight of soap, value 6 s. the property of Edmund Popplewell , April 16 .

Acquitted .

249. John Brown , was indicted for stealing a shirt, a waistcoat, a hat, a pair of stockings, and a woollen cap , the property of John Virgo , Feb. 25 .

Guilty 10 d.

[Whipping. See summary.]

250. + Catharine Brannond , was indicted for stealing two cloth coats, a velvet waistcoat, ten shirts, &c. of the value of five pounds five shillings, the property of Joseph Elliot , in his dwelling-house , Feb. 18 .

Guilty 39 s.

[Transportation. See summary.]

251. James Wright , was indicted for stealing a duffle coat, val. 10 d. the goods of William Stone , a coat, val. 18 d. the goods of James Gilham , and a canvas frock, val. 10 d. the goods of William Pickford , March 26 .

Acquitted .

252. Ann McDonald , was indicted for stealing a beaver hat, val. 6 s. a velvet cloak, val. 8 s. a lawn handkerchief, val. 6 s. and 6 d. a woman's cap, val. 3 s. and a pair of silver buttons, val. 6 d. the property of Ann Wood .

Guilty .

[Transportation. See summary.]

253, 254. John Robinson , and John Chambers , were indicted for stealing two silk caps. val. 2 s. the property of Abstinence Poughfer , March the 12th .

Acquitted .

255. Mary Spicer , of St. Andrew, Holbourn , was indicted for receiving six bolts of copper, val. 18 l. the property of Charles Robinson , (which John Lawrence , William Prossey , and Francis Taylor , were this sessions convicted of stealing) knowing them to be stolen , April 11 .

It appeared that the Prisoner lived with Mr. Whittingham, but it did not appear that she was present at the taking it in, or that she knew any thing of the matter; and Mr. Weale said, he did not believe that she knew any thing of the matter; and the accomplice, Daniel Wright , said, he believed she did not know any thing of it, for she would never take in any thing.

Acquitted .

256. John Kyte , was indicted for stealing a hand-saw, val. 4 s. the property of Antony Steadman , April 21 .

Acquitted .

257. James Jacemo , was indicted for stealing two checked aprons, val. 2 s. one shift, value 6 d. the property of John Solomon , one cotton gown, value 4 s. the property of Ann Harding , and a dimitty waistcoat, val. 2 s. the property of Nathan Hart , April 6 .

The Prisoner being an Italian, did by an interpreter, John Trebes , desire a party jury, and the following gentlemen were sworn.

Samuel Anderson .

Ferdinando Vigne .

Christopher Catlin .

Austin Vanloppinnoble .

Henry Holland .

Lawrence Inglesby .

Thomas Nicholls .

Lewis Dieutilly .

Samuel Swift .

James Manners .

John Clarke .

William Wolfe .

The jury found the Prisoner guilty .

[Transportation. See summary.]

258. James Wilkinson , of St. Paul, Covent Garden , was indicted for stealing thirty yards of gold-lace, value twelve pounds, thirty yards of peeling sattin, value five pounds five shillings, two pieces of black silk-lace, value one pound five shillings, and a quarter of an ounce of gold-thread, value 18 d. the property of Thomas Paulin , March the 15th .

John Boyd . The Prisoner at the bar was servant to Mr. Paulin, and came frequently to my shop to borrow goods for his master; and one day he brought a piece of peeling sattin, and offered it to sell; I said, the best way was, to offer it to Mr. Paulin, as they make up childrens coats; he said, he had offered it to them already, and they would not have it, and he left it, and came in two or three days and said, he must either have the sattin, or the money, and I ordered my servant to pay him three pounds twelve shillings for it.

John Smith . I am servant to Mr. Boyd; I paid him three pounds twelve shillings for it, and the Prisoner said before the justice, that he sold this for a poor woman in distress.

Dorothy Paulin . I lost a quantity of gold-lace, one was eighteen yards, but the length of the others I can't tell. Mrs. Paulin swore to the piece of sattin.

Thomas Paulin . The Prisoner lived with me about a year, and I had some reason to suspect him, for I missed gold-lace, and other things. I took him up, and carried him before justice Burdus, who committed him to New Prison; and in New Prison he confessed that he sold my gold-lace to Mr. Capriole.

Peter Capriole . I keep a silver-smith's shop; the Prisoner came to me, and asked me if I would buy any gold-lace; I said my business was to buy and sell, and if it was very good I would give him six shillings a yard, and I bought two remnants, fifteen yards and six yards. If I had bought it of the weaver I could have it cheaper; I can buy some for three shillings.

Paulin. One part cost me nine shillings and sixpence, and the other cost me ten shillings a yard.

The Court reprimanded Mr. Capriole very much, for buying goods so much under the cost.

There were several gentlemen of reputation called, who had known the Prisoner 14 or 15 years, and all gave him a good character.

Guilty .

[Branding. See summary.]

259. Elizabeth Hayes , of St. Catharine Cree-church , was indicted for stealing a considerable quantity of women's apparel, to the value of eight pounds and upwards , the property of Joseph Abrahams , March 3 .

Guilty .

[Transportation. See summary.]

260. John Webster , was indicted for stealing a silver watch, value 30 s. the property of , March 31 .

Guilty .

[Branding. See summary.]

261. Thomas Blinkin , was indicted for stealing 5 silk handkerchiefs, value 14 s. 6 d. the property of Isaac Oaks , March 11 .

Guilty .

[Transportation. See summary.]

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

Received Sentence of Death, 3.

Judith Butler 191

Arthur Gray 205

John Taylor 192

William Rowland , No. 206. was capitally convicted, but did not receive sentence, he being attainted upon the Act of the 19th of his present Majesty, the order for his execution must come down from the King.

Transportation for 7 Years, 35.

Thomas Blinkin 261

Catharine Brannond 250

Hugh Campbell 224

John Chadwick 188

John Chadwick 189

Thomas Crafts 245

Ann Field 228

John Frederick 221

Elizabeth Hayes 259

Edward Haynes 225

Thomas Hill 201

Francis Howell 213

James Jacemo 257

John Jones 185

Neil Karragan 223

John Keys 236

John Lawrence 233

Jeremiah Levi 205

Margaret Lymes 228

Ann McDonald 252

Thomas Middleton 194

Ann Palmer 216

William Prosey 234

John Rider 193

Samuel Sibre 229

John Stanning 210

Francis Taylor 235

William Thompson 240

Susannah Urwin 220

John Walker 178

Mary Walker 196

John Ward 190

Mary Watson 187

Thomas Wilcox 199

James Winter 244

Burned in the Hand, 7.

Isabella Butler 186

John Fierf 226

Thomas Fores 179

John Laverick 203

John Webster 260

James Wilkinson 258

Hannah Wilson 231

Whipped, 7.

John Brown 249

William Dresden 222

Jane Evans 209

Arabella Jones 241

Martha Pond 247

Joseph Ward 246

William Wood 200