Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 17 April 2014), May 1748 (17480526).

Old Bailey Proceedings, 26th May 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,


On THURSDAY the 26th, FRIDAY the 27th, and SATURDAY the 28th of May.

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


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



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

[Price Sixpence.]


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 WILLES, the Honourable Mr. Justice DENISON, the Honourable Mr. Baron CLIVE , JOHN STRACEY , Esq; Recorder of the City of London, and others of His Majesty's Justices of Oyer and Terminer for the City of London , and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex .

London Jury.

William Taylor .

John Hutchins .

Joseph Lasingby .

George Thorpe .

Thomas Hucks .

Thomas Wood .

William Reeve .

Joseph Stavely .

Robert Money .

Humphry Pugh .

Robert Patience .

Cambulanus May .

Middlesex Jury.

Sam Leightonhouse .

Nath Hedges .

William Cross .

James Coats .

John Davis .

George Shaw .

John Newman .

George Fettiplace .

Duncan Campbell .

Henry Staton .

John Wickstead .

John Gibbs .

262. + George Cock , of St. Mary Matfellon, otherwise Whitechapel , was indicted for stealing a silver watch, value 30 s. the property of James Jones , May the 19th .

Susanna Jones sworn.

Q. What parish do you live in?

Jones. In Whitechapel parish.

Q. Are you the wife of James Jones ?

Jones. Yes.

Q. Do you know any thing of the losing of a Watch?

Jones. Yes; I lost my husband's watch.

Q. Where is your husband?

Jones . He is abroad.

Q. When did you lose it?

Jones. On the 19th of May.

Q. Who took it?

Jones. George Cock .

Q. How do you know that he took it?

Jones. I did not see him take it; but he did take it. He came with a false message from one Capt. Johnson in Soho-square, about my husband, and I went out of the room to get a little smallbeer, and then he took the watch.

Q. Did he give you the watch again?

Jones. He did not give me the watch again, but he put it down into a great chair, for I missed the watch and seized him.

Q. Where did you seize him?

Jones. I saw him in the street, and seized him, and he was brought back into the house.

Q. Did you see him lay the watch down?

Jones . I saw him take it from under his coat, and lay it down in the chair.

Q. You say he came with a false message from Capt. Johnson: What did you say to him?

Jones. I said, I did not know Capt. Johnson; and he said, nor he neither.

Q. Where was the watch taken from?

Jones. Out of the parlour; it hung up over the chimney-piece.

Prisoner. Did you see me take the watch?

Jones. No.

Ann Williams . I lodge at Mrs. Jones's , and was in the room when the prisoner came in.

Q. Do you know any thing of his taking the watch?

Williams. I had a little suspicion of him, for I thought it was a very frivolous message .

Q. Did you see him take the watch?

Williams. No; but I saw the watch hang over the chimney-piece while he was there, and he went out, and presently I missed the watch, and we seized him, and brought him back.

Q. Did you see him lay the watch down in the great chair?

Williams. Yes.

Q. to Mrs. Jones. Are you sure the watch was not in the great chair before he came in?

Jones. I am sure it was not.

Thomas Shaw for the Prisoner.

Q. What are you?

Shaw. I am a fellowship-porter, and keep a chandler's shop.

Q. What do you know of the prisoner?

Shaw. The prisoner lived with me, and I take him to be a very honest man, for he might have robbed me, or taken my till away, and I could swear he never wronged me.

Q. What is he?

Shaw. He is a gentleman's servant .

Elizabeth Trueman . I have known the prisoner about three years; he lived with a lady in New Bond-street about twelve months, and was a very honest servant at that time, and I never heard any harm of him till now.

Q. What business is he of now?

Trueman. He always said he was a gentleman's servant, but he is out of place now.

Guilty .

263. George Cock , of St. Mary Whitechapel, was a second time indicted for stealing a silver watch, value 3 l. the property of George Stead , in the dwelling-house of Alexander Farm , May the 10th .

Rose Stead, Wife of George Stead , sworn.

Q. Did you lose any thing?

Stead. Yes, I lost my husband's watch.

Q. Where was it when you lost it?

Stead. In a room up two pair of stairs, where I lay sick.

Q. Do you know who took it?

Stead. Yes, the prisoner took it.

Q. How do you know that he took it?

Stead. He came and asked, whether there was not a sailor's wife lived there, and said he had forgot her name? The nurse that was with me, told him, yes, and that her name was Stead; he said he came from Capt. Johnson in Soho-square, who had brought a letter from the West-Indies from her husband.

Q. Did you lose any thing?

Stead. If your lordship pleases, I'll tell you. I was very ill; he said he had not the letter then , but would bring it the next day; he went out, and came back again in half an hour, and said the Capt. will not be easy till he sees you. I said I could not go, for I was so ill that I could not tell what to do; I said I would send somebody with him, and he said it was too late; but I ordered the nurse to go with him.

Q. What time was it?

Stead. About half an hour after eight at night; I got off the bed , and saw the watch hanging up; he sidled up to the chimney-piece, and put one hand up, with his handkerchief in it, to his face, to hide what he was doing, and the other he put up to the watch; he had a sort of bundle in his breast, and I was afraid he had got pistols, and that he would shoot me; then he took the watch, and said your servant madam, and run down stairs.

Q. Had you the watch again?

Stead. No, nor I never saw the prisoner till he went before the Justice.

Q. When was that?

Stead. The day that Mrs. Jones took him.

Prisoner. Did you see the watch in the room while I was there?

Stead . Yes: I went to Newgate to see him, and found him out among the prisoners, tho' he was in disguise: I asked him concerning the watch, but he would not tell me where the watch was.

Prisoner. Had I the same cloaths on then as I have now?

Stead. No; you had a duffle coat, a check'd shirt, and a colour'd handkerchief.

Mary Blundell (the nurse.) The prisoner came and asked for Mrs. Stead.

Q. What passed in the room the first time he went there?

Blundell . I was not there the first time, but I was the second, and my mistress looked at the watch to see what it was o'clock; the watch was there when he was there; I went along with him, and he run away from me.

Q. How came you to go along with him?

Blundell . I was to go to the Captain's, and I went all over Soho-square, and enquired of all the chairmen, and every where, and there was no such person as Capt. Johnson.

Prisoner to Mrs. Stead. Why did not you stop me if you saw me take the watch?

Stead. I was afraid you had pistols.

Prisoner. Did I threaten you?

Stead. No, you did not threaten me, for you run away directly .

Prisoner . I never was at your house.

Q. How came you to ask her, whether you threatned her or not, if you never was at her house ?

Prisoner . Because she said I had a bundle which she thought was pistols.

Guilty of the Indictment.

Death .

264. John Kearney , of St. Michael, Cornhill , was indicted for stealing 40 pounds weight of copper, being forty mathematical plates engrav'd, val. 20 s. the property of William Meadows , May the 6th .

William Meadows . I am a bookseller , and at the late fire in Cornhill I lost forty mathematical copper plates, engraved. Mr. Reynolds (a bricklayer) brought the prisoner to me with these plates, and asked me whether they were not mine? and I told him they were.

[The plates were produced, and Mr. Meadows swore they were his property .]

Mr. Reynolds . This fellow was employ'd as a labourer , in clearing the ruins after the late fire; and while the men were gone to dinner, I saw him with these plates on his shoulders; they were in a bag.

Q. When was this?

Reynolds. The 6th of May, I stopped him and asked him, what he had got there? He said, he had some old iron and old lead. I examined what they were, and thought they must belong either to Mr. Meadows or Mr. Brotherton, because it was about the spot where their houses stood.

Q. Are these the plates you found in the possession of the prisoner?

Reynolds. I have had them all this while in my possession, and they are what I found upon the prisoner.

Q. What did he say to you?

Reynolds . He said he bought them for six-pence.

Q. Did he tell you he bought the bag, and all the things in it, for six-pence?

Reynolds. He said he bought the bag, and all that was in it, for six-pence.

Q. to Mr. Meadows . Was there any direction given to any body, when any of these things were found, to carry them to any particular place?

Meadows. I ordered a man to be there, to take care of every thing that was taken out of the ruins .

Hugh Murray for the Prisoner. I have known the prisoner about four year, and never heard any thing but that he was a very honest man.

Q. What is he?

Murray . He is a sailor.

Q. What family has he?

Murray . I think he has three children , but I did not enquire into his family.

Francis Fulbrook . The man has dealt with me three quarters of a year , and paid me very well.

Q. What did he buy of you?

Fulbrook . Gingerbread; his wife fells it; I never heard any thing against him.

Q. Did he use to go to day labour.

Fulbrook . Yes, sometimes; and sometimes he worked at a brewhouse.

Ann Curning . I have known the prisoner several years, and he worked for brewers and other people.

Q. Did he use the sea?

Curning . I never was with him at sea; but he has left that off.

Q. How long has he left it off?

Curning. About twelve months.

Mary Ring . I know the prisoner very well.

Q. How long have you known him?

Ring . I have known him long enough.

Q. I ask you how long you have known him?

Ring. I have known him twenty years, and knew his father and mother, but never knew any harm of him.


[Whipping. See summary.]

265. Jane Sherman was indicted for stealing ten pewter plates, value 5 s. and a sheet, value 5 s. the property of Caleb Smith , May the 2d .

Mrs. Collins sworn.

Q. Are you any relation to Mr. Caleb Smith ?

Collins. He married my mother.

[The plates and sheet were produced.]

Q. Do you know these goods to be Mr. Smith's?

Collins. I know the sheet to be Mr. Caleb Smith 's.

Q. Do you know the plates to be Mr. Smith's?

Collins. As to this plate I am very sure, because it was my mother's when she was a widow; and as to the others, I do believe them to be our plates, for we have others of the same mark now; we bought them at a sale.

Q. Where do you live?

Collins. Mr. Smith keep the n Coffee-house by the Royal Exchange .

Q. What is the Prisoner ?

Collins . She was our servant.

Q. When did she come to live with you?

Collins . The Monday after the fire .

Q. How long did she live with your father?

Collins. Till the 27th of April.

Q. How came she to go then?

Collins. Because we thought she was not honest: we turned her away on suspicion, before the things were found; we found them at Mr. Worral's, a pawn-broker.

Mr. Glover . I am a lodger at Mr. Smith's; the Prisoner was suspected of being dishonest; I had missed some of my own things, and went to enquire after them, and these plates were at Mr. Worral's , and I heard the Prisoner say, that she took them out of Mr. Smith's house, and pawned them at Mr. Worral's.

Prisoner . I did not say, Mr. Glover , that I knew any thing of the plates .

John Worral . These plates and sheet were brought to me on the 19th of April, by Jane Sherman the Prisoner.

Q. Where do you live?

Worral. In Houndsditch. I have known the Prisoner seven or eight years, and I have taken things in of her several times.

Q. Was she ever a house-keeper in that time?

Worral. No: I knew her as a servant.

Q. Did you take these things in all together?

Worral . Yes: I took the plates and sheet in all together. Mr. Glover came to me to enquire for a shirt, and some other things, and I brought these plates down without being asked for them.

Q. to Mr. Glover. Have you paid the money for these things?

Glover . Yes, I have; because Mr. Worral was so very civil as to bring them down without their being asked for.

Prisoner . Pray, Miss , did not my mistress say, she did not know all her plates?

Collins. She did not know them all.

Guilty, 10 d .

[Whipping. See summary.]

266. John Jones , of Alhallows, Lombard-street , was indicted for stealing a silver stock-buckle, value 5 s. the property of John Fossey , May the 9th .

John Newman . On the 9th of May, about one o'clock , the Prisoner came into my master's shop to buy a silver stock-buckle; I shewed him some plain ones, and then he wanted a wrought one; I shewed him some, and asked him 9 s. 6 d. he would not give it, and was going away; I charged him with it, and said there is one of the buckler missing .

Q. How do you know there was one missing ?

Newman. I told them as I shewed them him, and I told eighteen of them, and there were but seventeen when I charged him with it: he denied it, and I said I would search him, and I took him into the back room and searched him; I felt in all his pockets , and could not find it .

Q. Did you find it?

Newman. Yes, I felt round his breeches , and felt it between the lining and the outside covering, and my master ripped it out.

Q. Where is the buckle.

Newman. This is the buckle I found upon him.

Guilty .

[Transportation. See summary.]

267. Eleanor Dillow . of Christ-Church, London , was indicted for stealing two silk gowns, val. 30 s. the property of Mary Apleford , April the 25th .

Mary Apleford . I lost two silk gowns.

Q. When did you lose them?

Apleford. The 25th of April.

Q. What made you suspect the Prisoner?

Apleford . I suspected her honesty.

Q. What was the Prisoner?

Apleford. She used to come to me on days, to go of errands.

Q. Have you got them again?

Apleford. Yes.

Q. Where did you find them?

Apleford. I found them at Mr. Hewitt's, a pawn-broker in Aldersgate-street. I taxed her with it, and she owned it.

Q. When you taxed her with these things, did you tax her with stealing them?

Apleford. Yes; and I went to the pawn-broker's, and found them there.

Q. What were they pawned for?

Apleford. She said she had pawned them for 40 s. and the pawn-broker said they were pawned for 30 s.

Q. Did you take her along with you to the pawn-broker's?

Apleford. Yes.

Q. What did she say there?

Apleford. She asked for two gowns pawned in the name of Eleanor Dillow .

Q. Was there any money paid to the pawn-broker for them?

Apleford. No.

Q. Did you make her any promises of being favourable to her before she told you where they were?

Apleford. Yes; and so I have been, for her crime was capital; she took a great many more things.

Q. Was there any mention made by her before the justice, how she came by them?

Apleford. She owned she took them, and carried them to the pawn-broker's.

John Ford . I am servant to Mr. Hewitt; the Prisoner was a sober honest creature, and always looked so, and used to bring things to pledge. When she brought these gowns, I said to her, these gowns are not yours, for they are not of your size; and I said, who do they belong to? She said, to her mistress, and that she had sent them by her; and if I had not known her so long as I have, I would not have taken them in.

James Ward . I have known the prisoner two or three years, and never heard any harm of her, and she was as quiet, sober a girl, as ever was, and never was given to drinking, or any thing ill.

Q. Has she any parents?

Ward. Her mother is here; her father is very ill in bed now.

Susanna Ward . I am the wife of the person who spoke last: I lived in the house with the Prisoner, and she is an honest sober girl; I never heard any harm of her in my life.

Eleanor Dillow . I am the prisoner's mother.

Q. How has she behaved?

Dillow. Very prettily; she is an honest, sober girl, and never went into any men's company, and and was never guilty of swearing, or any thing but this unhappy thing, which will be the death of her father.

Guilty, 10 d .

[Whipping. See summary.]

268. Martha Ryson , of St. Giles's, Cripplegate , was indicted for stealing a silk gown, value 10 s. and a camblet gown, value 2 s. the property of Ann Maidley .

Ann Maidley . I lost two gowns, one a silk gown, and the other a scarlet camblet.

Q. Where do you live?

Maidley. In Angel-Alley, Little Moorfields .

Q. Did you find them again?

Maidley. I found the silk gown under her petticoat , as she was going out of the house, and found the scarlet gown upon her back the next day.

Q. Did you lend it her?

Maidley . No.

Q. Had she any cloak, or any thing to hide it?

Maidley . No.

Q. Was she in liquor?

Maidley. She was in liquor.

Q. When you found the silk gown under her petticoat, did you know that the camblet gown was gone?

Maidley. No; but when I found it upon her back, she pulled it off and gave it to me directly.

Elizabeth Maidley . My sister lost two gowns, and the Prisoner was very ready to deliver them back again; for she cried, and said she was heartily sorry for what she had done.

Q. How long have you known her?

Maidley. About five months.

Q. Is she a sober woman?

Maidley. She is not apt to drink much.

Q. What is she?

Maidley. She is in the millenery business, but she has made away with her cloaths, and she cannot get employment in the milliners shops till she can get her cloaths again. I was present with my sister when the scarlet gown was found upon the Prisoner's back; but she was very much in liquor, and had behaved very well before this, and I believe she did not know what she did when she took them.

Ann Harley . I am mother of Elizabeth Maidley . I am upon my oath. The Prisoner lodged with my son and daughter at this time, and there were drawers open, and she might have robbed them a great many times; and please you, my lord, I will tell you as true as there is a heaven and a God, I take her to be as honest a creature as any in the world; whether it was liquor, or what, or how it came, I cannot tell.

Guilty, 10 d .

[Transportation. See summary.]

269. Ann Dennis , of St. Bride's, London , was indicted for stealing a cloth coat, value 10 s. and a cloth waistcoat, value 5 s. the property of William Atkinson , May the 23d .

Winifred Atkinson . Last Monday, between two and three in the afternoon, the Prisoner came to my husband's shop in Harp-Alley; he is a broker; my husband's coat and waistcoat were brought down to be brushed, and were laid upon a bedstead, and the Prisoner stole them. I did not see her take them, but I saw my man take them from her in the shop.

Q. What did she come into your shop for?

Atkinson. I can't tell; she was not gone from the door, and my man brought her into the shop again, and called me up before he took his hands off her.

Q. What did she say for herself ?

Atkinson. She cried, and fell down on her knees and asked pardon.

Thomas Crab . I live with William Atkinson I I was coming from dinner, and saw the Prisoner at the door stooping down. I thought she was tying her garter, and I turned my head on one side for two or three minutes; I turned about again, and asked her, whether she wanted to buy any thing? And seeing she had something, I asked her what she had got there? She said she had only picked up two or three rags; but she had got my master's coat and waistcoat.

Q. Where was she then?

Crab. She was upon the threshold of the door, and I took them from her.

Q. What did she say further?

Crab. She said she had found them at the door; I had brought them down to brush them, and had laid them upon a bedstead.

Prisoner. I said there are some things here, and if they belong to you take them; and Mrs. Atkinson fell upon me like a mad dog.

Mary Holdsworth . I have known the Prisoner from a child.

Q. How long is that?

Holdsworth. About twenty years.

Q. What does she do for her living?

Holdsworth. She goes a nursing, or one thing or another.

Q. Where does she live?

Holdsworth. In Tooly-street.

Q. Where do you live?

Holdsworth. In Rosemary-lane, and she lived in Rosemary-lane some years ago.

Q. Did you ever buy any cloaths of her?

Holdsworth . No, I never bought any of her in my life.

Martha Girtley . I have known the Prisoner fourteen years.

Q. Where do you live?

Girtley. In Rosemary-lane, and the Prisoner lived there three or four years ago.

Q. What is her character?

Girtley. A very good one, I never heard a bad character of her in my life.

Guilty, 10 d .

[Whipping. See summary.]

270. Edward Clowden , of St. Clement Danes , was indicted for stealing a perriwig value 7 s. the property of Charles Jenns , May the 17th .

Charles Jenns . I am a perriwig-maker in Clare-market . On the 17th of May I lost a perriwig.

Q. Who took it?

Jenns. Edward Clowden .

Q. Did you see him take it?

Jenns. I did not see him take it. He came into my shop, and asked for a shoe-maker, by a fictitious name that I knew nothing of, and he took a chair and sat down for seven or eight minutes; then he got up, passed his compliments, and said Sir, your humble servant, and shook hands with me with his right hand, and with his left he took a wig off a block. I presently missed the wig, and ran after him: I saw the wig in his left hand: I cried out, stop thief! and then he dropt the wig: I collar'd him: a constable happened to go by at the time, and I charged him with him.

James Brabsey . I know the Prisoner's father and mother, and have known him several years, and never heard but that he had a very good character.

James Matthews . I lodged in the Prisoner's house four or five months, and he was always a very honest man.

Q. What trade is he?

Matthews. He is a taylor by trade.

Margaret Matthews . I have known the Prisoner about four months, and I never heard any thing of him but that he was a very honest man.

Mary Granger . I have worked for the Prisoner several years, and know him to be an honest upright man.

Hannah Crane . I know the Prisoner to be a very honest man, and works very hard for his bread.

Guilty .

[Whipping. See summary.]

271. Daniel Stead was indicted for stealing twelve pieces of leather, value 4 s. 6 d. the property of George Jarvis .

The prosecutor not appearing, he was acquitted .

272. Mary Bedell , of St. James's, Westminster , was indicted for stealing a silver spoon, value 10 s. the property of John Birch , May the 7th .

John Birch . I am a distiller in St. James's Market . The beginning of this month I lost a silver spoon.

Q. From whence?

Birch. Out of my kitchen; my servant can inform your lordship.

Elizabeth Newton . I am servant to Mr. Birch. The Prisoner came in to ask for a piece of bread, and I had left the spoon upon the dresser, in the kitchen a little before this woman came in, and I missed it soon after she was gone.

Q. Do you know the woman?

Newton. I know her full well.

Q. What does she do?

Newton. She pretends to black shoes .

William Young . I am a silversmith. The Prisoner at the bar came to my shop, the corner of High-Holborn , the 7th of May, about noon, and brought me a silver table-spoon, and offered it to sale ; she said she had half a dozen of these spoons , but had sold the other five; I asked her why she did not sell this where she sold the others. I examined her pretty closely, and then she said she found it in a tub of hogwash at the King's Arms Tavern in Pall-Mall. I sent my servant to know the truth of it, and he said, the people there told him they had not lost a spoon; I told her, if she would not tell me the truth, I would take her before a Justice of the Peace. I sent for Mr. Jones , a headborough, and had her before Justice Broadhead, and whilst the Justice was writing the Commitment, she took us to the house where she had the spoon.

John Jones (constable.) When the Prisoner was before the Justice, she said she would shew us where she had the spoon; we went with her as far as the Hay-Market, and then she said she had it at Mr. Birch's, and Mr. Young delivered the spoon to me.

Q. Where is the spoon?

Jones . This is the spoon.

Birch. I believe this to be my spoon.

Newton. This is my master's spoon.

Prisoner. I had the spoon among some broken victuals, that was given me at Mr. Birch's.

Guilty .

[Transportation. See summary.]

373. + Thomas Quick , of Hendon , was indicted for stealing a lamb, value 10 s. the property of persons unknown, May 22 .

Edward Parsons . I lost a lamb on Saturday night, and missed it on Sunday morning; I had a suspicion of the Prisoner, and got a search-warrant.

Q. Did you find the lamb?

Parsons. Yes. The first thing we found was a lamb pye.

Q. Where does the Prisoner live?

Parsons. At Hendon . The pye was covered with a wet linen gown, and I pulled a leg of lamb out of a feather bed, and another man pulled out another.

Q. Did you see that pulled out?

Parsons. Yes.

William Lambert . Mr. Parsons told me he had lost a lamb, and he got a search-warrant; I went with him, and the first thing we found was this lamb pye, wrapped up in a wet gown ; we turned the bed up, and out came some feathers, and I pulled a leg out.

Richard Taylor . I was the present constable, and served the warrant, and found the lamb pye.

Q. What did the Prisoner say?

Taylor . Nothing but what he said before the Justice, that he had found it in the road.

Q. Found what in the road?

Taylor . The lamb.

Prisoner. I have no body to speak a good word for me, or a bad one, only what they say now: This lamb lay dead in the road, and I took it up.

Lambert. He told me he never was in bed that night.

Acquitted .

274. Thomas Welch , of St. Martin's in the Fields , was indicted for stealing a pewter gallon pot, value 4 s. the property of Mary Gray , May 15 .

Mary Gray . I lost a pewter gallon pot.

Q. Where did you lose it from?

Gray . From my house in Long-Acre .

Q. When was it lost?

Gray. On Sunday was sevennight, about eleven o'clock in the day, and I remember the Prisoner was at my house that day.

Thomas Spencer . The Prisoner came to Mr. Macguire's, at the Golden Hart in Parker's Lane, who keeps a publick-house.

Q. Do you live at Mr. Macguire's?

Spencer. I lodge there. My wife was sitting at Mr. Macguire's door, the Prisoner came to the door with this pot in his hand, and bid my wife take it, and give it to Macguire. I said he had stole the pot, and he threw the pot down and run away; I followed him, and he had a knife in his hand, with a blade six inches long, and he threatened to rip me up.

Q. What name is there upon the pot?

Spencer. Nicholas Gray , at the Coalheavers Arms in Long-Acre.

Q. Who was this Nicholas Gray ?

Mary Gray . My husband, but he is dead.

Charles Trevor . I saw the Prisoner going along Drury-Lane with a gallon pot under the left slap of his coat, and a knife in his hand; I believe the blade of the knife was six inches long; I pursued him, and he said he would rip me up if I followed him; he d - d, and curs'd, and swore very much, and he was knocked down, and taken by the mob, for he is a very dangerous person, and he was brought into Mrs. Gray's house.

Prisoner. Where was the pot found?

Trevor . The pot was found upon the ground at Mr. Macguire's door.

Guilty .

[Transportation. See summary.]

275. + John Brown , of St. George Bloomsbury , was indicted for stealing a silk capuchin, value 30 s. a linen gown, value 20 s. a shirt, value 5 s. a cambrick handkerchief, and a pair of leather pumps, the property of Anthony Champion , in the dwelling-house of Allen Rutlidge and Edward Pugh , May 14 .

Anthony Champion sworn.

Q. Where do you live?

Champion. I lodge in the house of Allen Rutlidge and Edward Pugh . On the 14th of May I lost a silk capuchin, a white linen gown, a ruffled shirt, a cambrick handkerchief, and a pair of leather pumps; the Prisoner was taken that night, as I understood, and he did acknowledge the taking these things.

Maltus Paine. I am a pawnbroker in Bow-street, Bloomsbury. On Monday, the 9th of May, the Prisoner brought me a silver hilted sword, and, on the 14th of May, he brought these things, and I stopped him and the things too. The sword was advertised on the 10th of May.

Q. What did the Prisoner say when he brought these things to you?

Champion. He wanted a guinea and an half upon them. I examined him about them, he seemed to be in a confusion, and said they were his little girls.

Prisoner. I rely upon the mercy of the Court.

Guilty 39 s .

There was another indictment against him for stealing a silver hilted sword, value 20 s. and a pair of silver buckles, value 10 s. the property of Bartholomew Lewis , Esq; May 8 ; but he was not tried upon this indictment.

[Transportation. See summary.]

276, 277, 278. Catharine Brooks> , otherwise Sharpless , Catharine Dicker , and Elizabeth Palmer , of St. Luke's, Middlesex , were indicted for stealing 340 pounds weight of linen yarn, value 12 l. 13 s. the property of John Irish , Thomas Bolus , and Robert Price , April 29 .

Thomas Bolus . I am a sailmaker , and in partnership with Robert Price and John Irish .

Q. Where do you carry on your trade?

Bolus. In the parish of St. Luke's, Middlesex .

Q. What have you to say against the Prisoners?

Bolus. We had missed yarn frequently.

Q. When did you lose these goods?

Bolus. The first was about three months ago, and the last on the 29th of April.

Q. What did you lose on the 29th of April.

Bolus . Forty-one pounds weight of linen yarn, and it was taken upon two of the Prisoners, Dicker and Palmer.

Q. Where was this yarn taken from?

Bolus. Out of our factory, where we employ a great many people in weaving, spinning, and sailcloth making. [The yarn was produced.]

Q. Is this your yarn?

Bolus. To the best of my knowledge it is, but Mr. Price is a better judge of that than I.

Robert Price. I am in partnership with John Irish and Thomas Bolus .

Q. Is that your yarn?

Price . Yes, I am sure of it.

Q. How came you by it again?

Price. I was going from St. John's Street to Charter-house Square on the 29th of April, and met Catharine Dicker and Palmer; I let Dicker pass, and she had got a bag upon her head.

Q. What time was this?

Price. About ten in the morning, and I let Elizabeth Palmer go by me, and she had got a bag upon her head. After she had passed me, I looked at it, and thought it looked like yarn, by the packing of it; I said, Palmer, what have you got there? it seems to me to be yarn, and she was not willing to shew it me; but I took it off her head, and said, I believe it is our yarn; and I said, do you work for any body else? but she did not say any thing. They both worked for me the day before, and that very morning.

Q. You say you seized Palmer, and took the bag off her head?

Price . Yes, and it is our yarn; I can swear to it; and I took the bag from Palmer, and for fear she should make her escape, I called out for help, but no body would take any notice of me.

Q. Did you pursue Dicker?

Price. Yes, and took her. I said I would charge a constable with her; she desired I would let her go back to the factory, and she would carry it there, and she carried it to the factory; I had her before Justice Poulson, and she was committed, and about a week after I took up Palmer.

Q. What have you to say against Brooks?

Price . She said she was in partnership with all of them; I said, Mrs. Brooks, you have used me very ill, in stealing my goods, after I have trusted you with so much, and she acknowledged she had used me very ill.

Q. Did you find any thing upon her?

Price . No, nothing upon her; but she said she would have had her daughter have left it off a great while ago?

Q. Who is her daughter?

Price. Catharine Dicker .

Mr. Harlow. On the 30th of April I was with Catharine Dicker before the Justice.

Q. Are you a constable?

Harlow. No; I am a carpenter, and work at the factory. Catharine Dicker did declare before the Justice, that she did steal goods from Mr. Irish and company, about twenty different times, and sold them to - Dennis and Ann Lively , some at three halfpence a pound, and some at a penny.

Q. What is the value of it?

Price. From ten pence to a shilling a pound. There was some of it the best sort of yarn, and Mrs. Lively said to them, if they would bring her some more of that yarn, she would send it into the country to be made into sheets.

Joseph Dennis sworn.

Q. What are you?

Dennis. I was brought up an hostler, but I work for my mother, and she is a ropemaker.

Q. You hear that Dicker says she sold some yarn to you.

Dennis. She sold it to my mother.

Q. How much?

Dennis. About ten or twelve pounds at a time.

Q. Who sold any yarn to your mother?

Dennis. The old woman, Mrs. Brooks, brought it; but I never saw her bring any.

Q. Did Palmer ever bring any?

Dennis. I never saw her in my life.

Q. How many times might Brooks bring yarn?

Dennis. I believe five or six times.

Q. Was there any yarn found at your mother's?

Dennis. Yes.

Q. Who brought the yarn to your mother?

Dennis . The old woman always, her name is Brooks.

Q. What time did she bring the last?

Dennis. I believe it was the 28th or 29th of April, I cannot tell which.

Q. (to Price.) How do you know this to be your yarn?

Price. I believe it is, but it has undergone an operation since.

Q. What operation?

Price. They have cut a length in two, to fit it for their use.

Ann Lively . Catharine Brooks brought ten pounds of yarn to me about two months ago, and I bought it of her; she said she came by it honestly, or I would not have bought it?

Q. Have you any thing more to say?

Lively. No, I have said enough.

Thomas Bolus . I beg leave to say one word; Mrs. Brooks, when she was taken, said she had stole, she believed, at different times, three or four hundred weight.

Catharine Dicker . The goods were delivered to me to work, and I saved a little out of every parcel.

Q. How came you to do that?

Dicker. I was persuaded to do it by this Elizabeth Palmer .

Q. (to Bolus.) Did you deliver your yarn to them to work at their own habitations?

Bolus. We did for about a fortnight, and we had a suspicion that we were robbed of our yarn, and afterwards they worked in our factory; and Dicker said they took it out of our factory.

Q. (to Palmer.) What have you to say to your advising Dicker to take it?

Palmer. I never advised her to any such thing. Dicker gave it to me to carry for her, as a poor person may do, and she sometimes gave me two pence for carrying it.

Q. Where was you to carry it to?

Palmer. To an alehouse, the corner of Hosier-Lane, and Dicker and Sharpless took it from me.

Q. (to Bolus.) What quantity was in the two bags?

Bolus. About forty pounds and an half.

All guilty .

[Transportation. See summary.]

279. + Robert Miller was indicted for stealing a linen handkerchief value 2 s. 6 d. the property of Reynart Pieterz , May the 16th .

Reynart Pieterz. On the 16th of this month I lost a handkerchief.

Q. Where did you lose it?

Pieterz . Just by the Exchange.

Q. Where was your handkerchief?

Pieterz. It was upon the ground.

Q. But where was it before?

Pieterz. In my pocket, and I found it lying by the Prisoner's feet.

Q. What time was this?

Pieterz. About two o'clock in the afternoon.

Q. What reason had you to think the Prisoner took it? was it only because you saw it lying at the Prisoner's feet?

Pieterz. No, my lord, here is a gentleman that saw him take it out of my pocket.

Samuel Totton . I saw the Prisoner at the bar take the handkerchief out of Capt. Pieterz's pocket, and I took it in his hand directly, and he dropt it.

Q. Did he drop it immediately?

Totton. No; he held it about a quarter of a minute; I believe he was confused, being so suddenly seized; and then he struck me, and endeavoured to force himself from me, and got away; but by the assistance of the keeper of the Exchange, he was taken.

Prisoner. My lord, I am troubled with fits, and sometimes I don't know what I do.

George Kitchen , for the Prisoner.

Q. What are you?

Kitchen . A victualler.

Q. Where do you live?

Kitchen. At the One-Ton, on Holborn-Hill .

Q. How long have you known the Prisoner?

Kitchen. Twelve months.

Q. What does he do for his living?

Kitchen. He is a poor fellow that goes of errands; he used to run of errands for gentlemen at our house; he is very much troubled with fits, and is half an ideot.

Q. Did you never lose any thing by him?

Kitchen. No; nor never mistrusted him.

Nicholas Mallet . I live at the Magpy at Holborn-Bridge: I have known him four years, and I never knew, or heard, that he ever wronged any body else of a penny.

Richard Miller . The Prisoner is my brother: I have maintained him six or seven years, except what little matters he got by running of errands for gentlemen, and have worked hard for him: He has been under most of the doctors hands in London, and I never heard that he was ever challenged with any such thing before.

Guilty, 10 d .

[Transportation. See summary.]

280. Mary Adlam , of St. Margaret, Westminster , was indicted for stealing two blankets, value 5 s. a looking-glass, value 1 s. a sheet, val. 1 s. and a pillow, value 6 d. the property of Sarah Silvester , in a lodging let to her by the said Sarah Silvester , April the 3d .

Sarah Silvester . I live in Bell-yard, in King-street , Westminster. The Prisoner lodged with me, and on the 3d of April she left her lodging.

Q. How long had she lived with you?

Silvester. About twelve weeks; they were stole out of her chamber where she lodged.

Q. What did you lose.

Silvester. I lost the things mentioned in the indictment.

Q. Did you miss these things before she went away?

Silvester. Yes, I missed them all before she went away. I challenged her with them, and she said they were very safe, and should be forthcoming; she said she had sent the glass to be mended, but the other things were pawned. The goods were accordingly sent to my house by a porter, and left in the passage; but who sent them I cannot tell .

Q. How do you know he was a porter?

Silvester . Because he had a white apron on.

Q. When were they brought?

Silvester . Last Monday.

John Acton . I am a neighbour of Mrs. Silvester's , and got a warrant, and was at the taking the Prisoner up, and heard every thing that passed.

Q. What did the Prisoner say?

Acton. She said the things were very safe, and forthcoming, but they were pawned; and that Mrs. Silvester should have them very soon. I went with her before the Justice, and she was in the same tale there: She said they were pawned, but could not tell where they were.

Sarah Silvester . I received a letter from her.

Q. Did the letter come before the goods or after them?

Silvester. After the goods.

Q. How long after?

Silvester. About an hour: this is the letter.

Q. Do you know this to be her hand-writing?

Silvester. I know this to be her hand-writing, for I have seen her write.

[The Letter was read.]

'' Mrs. Silvester, I hope you have received your '' things, which is no small concern to me; but it '' will be a warning to me for the future; and if '' there are any more things missing, I will make '' them all up. There is no person I would sooner '' trust my life with, than Mrs. Silvester; and I '' beg, if you find a bill, that it may be ignoramus , '' and it will be the same thing to you, and then '' you need not appear in court; if you do, I '' shall have some punishment which you do not '' desire. I am very ill, but very much

'' your humble servant,

M. Adlam.''

Prisoner. My husband is a gentleman worth 200 l. a year, and is coming now from Jamaica in General Dalziel 's regiment: Mrs. Silvester told me, if I would let her have her things again she would not prosecute me; and I told her I would as soon as I could; and so she should have had them, if they had cost me never so much, for they are but things of a trifling value. I could have had a hundred people that would have given a thousand pounds bail for me.

Guilty 10 d .

[Whipping. See summary.]

281. + Ann Perry , of St. James's, Garlick-Hith , was indicted for stealing a silver quart tankard, value 7 l. the property of Ann Humphrys , in her dwelling-house , May the 23d .

Ann Humphrys sworn.

Q. Where do you live?

Humphrys. At the Cardmaker's Arms on Garlick-Hith . I keep a public-house .

Q. What have you to say about the silver tankard?

Humphrys . On Monday last I went to Honey-lane market; and when I came back, my tankard was taken away; and on Tuesday morning the tankard was advertised.

Q. What time did you go out?

Humphrys. About four o'clock, and I returned, I believe, between five and six.

Q. When did you miss it?

Humphrys. I did not miss it till half an hour after eleven at night.

Q. When did you see the tankard?

Humphrys. I left it upon the dresser about four in the afternoon.

Q. What did you do when you missed it?

Humphrys. I could not do any thing; I asked my housekeeper where the tankard was?

Q. Was it your tankard?

Humphrys. Yes, and please your lordship.

Q. What became of your tankard?

Humphrys. The Prisoner took it.

Q. How do you know that?

Humphrys. She confessed it before my Lord Mayor. I had a suspicion of her, and I asked my house-keeper, if such a person had been at my house? My house-keeper told me she had not been there; but my boy told me she had been there. I sent for the Prisoner on Wednesday, and she came to my house, and there she confessed the taking the tankard. My house-keeper told me, she came to borrow a cloak: What! said I, to steal my tankard!

Q. What were the Prisoner's words when she confessed it?

Humphrys. She said she had pawned it in East-Smithfield, and she shewed me the house where the tankard was pawned. I went and asked for it, but the tankard was not shewn to me.

Q. Whose house was that?

Humphrys . Mrs. Heath's .

Q. What did Mrs. Heath say?

Humphrys. She is here in court.

Q. Did you see it at Mrs. Heath's?

Humphrys. I did not see it at Mrs. Heath's; I carried the young woman at the bar to Tower-Hill, and there a gentlewoman that is here, and I, and the coachman we went with, saw the tankard.

John Rogers . I am a constable of the parish Mrs. Humphrys lives in; she sent for me, and this young woman at the bar, Ann Perry , was brought to Mrs. Humphrys's house, and they went up one pair of stairs: She taxed her with taking the tankard, and she owned it, and she desired Mrs. Humphrys would be as favourable as possible. I went with Mrs. Humphrys to Mrs. Heath's, and she would not own that she had taken the tankard in as a pawn; but she owned at last, that she had bought it outright, and had given 4 l. 18 s. for it; 4 s. 6 d. an ounce; but then Mrs. Heath would not give us the tankard without we paid the money down; and I was obliged to get a warrant from justice Rickards, to take up Mrs. Heath and demand the tankard of her; and the warrant was served upon her, and then she brought the tankard forthcoming, and it was delivered into Charles Barber 's, the headborough's hands.

Susanna Heath called.

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

Heath. I believe her to be the person I bought the tankard of. [Mr. Barber, the headborough, produced the tankard.]

Q. Is that the tankard?

Heath. Yes.

Q. What did you give her for it?

Heath. I gave her 5 l. 18 s. I gave her two guineas and a half, and half a crown. I am not a pawnbroker, I keep a silversmith's shop.

Prisoner. Am I the person that sold it you?

Heath. Yes, I think you are.

Prisoner. There was another woman that sold it you, I did not.

Heath. There was another with her, who stood at the door, but the Prisoner brought it, and took the money for it.

Q. What did the Prisoner say to you?

Heath. She told me a plausible story, and said her husband gave it her to sell to pay her debts. It has been reported in my neighbourhood, that I bought it for forty shillings.

Ann Gibbons . The Prisoner is the person who sold the tankard to my mistress. I was washing my hands, and the Prisoner was in the room with me, while my mistress went to fetch the money.

Q. How much money did your mistress give her?

Gibbons. Five guineas and a half in gold, and two shillings and sixpence in silver.

Prisoner , to Mrs. Heath . Am I the person that brought it to you?

Heath. Yes, you are.

Prisoner. Are you sure of it?

Heath. Yes, I am.

Prisoner . Then, madam, I am not the person, Susanna Ireland and Ann Moore sold the tankard .

[Mrs. Humphrys swore that the tankard was her property.]

Richard Slater , for the Prisoner.

Q. Where do you live?

Slater. I live at Snow-Hill.

Q. How long have you known the Prisoner?

Slater. I have known her several years, and her parents twenty years, and I never heard any body give her a bad character, but that of an industrious person for working; and her parents are honest , industrious people; her mother goes a chairing to gentlemens houses, and her father is at sea now.

Ann Hughes . I have known the Prisoner seven or eight years; she has gone out to work with her mother, and the people never lost any thing by her. I never heard an ill character of her in my life.

Susanna Giles . I have known the Prisoner five or six years, and I never knew any harm of her.

Esther Perry . I am her mother; I always brought her up to honesty and industry; she never lay a night out of my house, and I never knew her do any harm, till this unfortunate thing happened.

Mrs. Humphrys . My Lord, I beg leave to speak to your Lordship: I did promise the Prisoner, before she confessed the thing, that if she would acknowledge it, I would not hurt her, and that I would not send her to Newgate.

Guilty 39 s .

[Branding. See summary.]

282. Henry Rooke , at the parish of St. John Wapping , was indicted, for that he, on the 29th of April , in the 21st year of his Majesty's reign, with a certain offensive weapon, called an iron poker, in, and upon Elizabeth Tod , wife of Robert Tod , in the peace of God, and our sovereign Lord the King, then and there being, did make an assault, and unlawfully, feloniously, and maliciously, did demand money of the said Elizabeth Tod , with an intent the money of the said Robert Tod feloniously to steal, take, and carry away , against the peace of our said Lord the King, against the form of the Statute in that case made and provided.

Elizabeth Tod sworn.

Q. Are you a married woman or a single woman?

Tod. A married woman.

Q. What is your husband's name?

Tod. Robert Tod .

Q. Where do you live?

Tod. In Queen's-head Alley, Wapping, at number four.

Q. What have you to say against the Prisoner?

Tod. On the 29th of April the Prisoner came to my house.

Q. Do you keep a publick house?

Tod. No, a private house. He knocked at the door, and I opened it, and let him in; he enquired for my eldest sister, and he said to me , your servant, madam, how do you do? I have not seen you these fifteen years.

Q. Did he do any thing to you?

Tod. He said good morrow to me, and that he was come to take his leave of me, and insisted upon sending for some fine tea; he gave the child two pence halfpenny to fetch some, and when the child was gone out of the house, he took the poker from the fireplace, as I was going to make a toast, and threatened me.

Q. Had you no body in the house with you?

Tod. No.

Q. Was it a poker that was in the fire?

Tod. No, it stood in the chimney-side. He came up to me and cursed me, and said, I am a decayed gentleman, deliver to me twenty guineas this minute; and he said, make no words, you b - h, give it me this minute; I said I had no such sum as that, and he knocked me down, and the blood run down very fast.

Q. Did he knock you down before he made his demand, or after?

Tod. He knocked me down upon the spot, just after he demanded the money, and held the poker over my head all the time; I was cut down the side of my face, and several places in my head; he stamped upon me too, and he wanted me to go up stairs to give him the twenty guineas, and he dragged me by the hair of my head to the staircase, and he went to cut my throat; here is the mark, if it was day light you might see it; I lay on my back entirely, and as I lay in my gore he struck me with the poker, and gave me a cut in my head; the wounds are not quite well yet, but I have exceeding good flesh to heal. I had a matter of twelve wounds in my head and neck. [Mrs. Tod produced some linen she had on at that time, which was very bloody.] And he said, you b - h, don't cry out, or make any noise, for if you do, I will knock you down, and murder you afterwards. I got the poker from him, and threw it over my head, and it went into a closet; he kneeled upon my breast, and kept me down for six or seven minutes, I got from under him, and jumped into the street.

Q. Was he taken immediately?

Tod. He was taken soon after, and I lost four guineas and an half, and three shillings and six-pence.

Q. Why did not you indict him for the robbery?

Tod. I have indicted him both for the robbery * and the assault.

* She had preferred a bill of indictment against him for the robbery, but the Grand Jury found it Ignoramus.

Q. Where is your husband?

Tod. I expect him every day from Jamaica.

Q. What is your husband?

Tod. He is gone for a ship; he is to be master of her .

Prisoner. She struck me with the poker.

Court (to Mrs. Tod.) Did you strike him with the poker?

Tod. No, my Lord.

Court. What is the Prisoner?

Tod. He is a lawyer .

Prisoner. This is all as false as God is true, for I never struck her. Did not Justice Mainwairing ask you, whether you would swear that I took any money from you?

Tod. Yes; he asked me whether I would swear it, and I said I could swear it, but I did not see you take the money out of the chest.

Anna Maria Hardy sworn.

Q. What are you?

Hardy . My husband is a carpenter of a man of war.

Q. Where do you live?

Hardy . I live about two doors from Mrs. Tod, I heard a cry of murder, and I heard that a strange man was beating Mrs. Tod. I do not say I saw it, but the rumour of it carried me out of my house, and I found her all in her gore .

Q. Was she got into the house again before you got there?

Hardy. Yes; she was all over blood , and I could not tell what she was made of , she was so prodigiously bloody.

Q. Was she able to speak?

Hardy. Very little, she was almost murdered, and about ten minutes afterwards, news was brought that the man was taken; the people heard that he run down Queen's-head Alley, and down the waterside, to get into a boat, and they run after him and took him. He was very wet; he had ruffles on, and a neck, but when he came to be searched, he had no shirt; after that we endeavoured to get the gentlewoman to herself. There were six cuts in her head, and the least of them was an inch and an half long.

Q. Was he brought back to the house?

Hardy. No, he was not brought back to the house, he was carried to the cage; and he was so wet, that we thought he had tumbled into the water.

Q. What did he say when he was in the cage?

Hardy. He said he had drank a pint of gin that morning, and did not know what he did. We asked him what he went there for, he said he knew the gentlewoman's father and mother, and went to see her.

Q. What time was this?

Hardy. This was not ten o'clock in the morning.

Q. Was he drunk then?

Hardy . No, he was as sober as he is now.

Prisoner. They are vile scandalous women; and when I have a little gin, I am crazy .

Elizabeth Andrews sworn.

Q. Where do you live?

Andrews. Just by Mrs. Tod, by the back of Wapping Chapel. A woman came to me, and said, for God's sake come, for Mrs. Tod is almost murdered by a man who has been at her house to day. I said to Mrs. Tod, who has been here? she said Mr. Rooke the lawyer. I went to six places before I could get a surgeon, and then we sent for Dr. Scot, and he sent for a barber, and the barber came and shaved those places on her head that were cut, and she was carried in a chair by two men, (for she could not walk after her wounds were dressed) to the Justice's, to see the Prisoner; and he lifted up his hands and said, Lord, what have I done to this woman!

Q. Did the Prisoner give any account how he came to do this?

Andrews. He said he wanted twenty guineas, for he was going to the city of York; and the Justice said to him, what did you do it for? he said he did not know, he thought the devil was in him.

Q. Did you ever see him before?

Andrews. Yes, I saw him the day before. Mrs. Tod sent her girl to me, to desire I would come, for Mr. Rooke was there; I said I could not come; the child said I must come; and I said, I will come. When I came there, Mr. Rooke was sitting by the side of the table, and he said, Madam, will you please to eat any thing? and I said, No, sir, I have just dined; and he asked whether I would drink any tea, and I said no.

Q. Did he treat you?

Andrews. I did not want to be treated by him. We had some falmon, but he brought it in his pocket.

Prisoner . You swear nothing but falsities .

Q. (to Mrs. Tod.) Was he with you on the 28th of April?

Tod. Yes, he was there then, and brought some falmon.

Margaret Collingwood (Sister of the Prosecutor) sworn .

Q. Do you know the Prisoner?

Collingwood. Yes. About a fortnight before this affair happened, the Prisoner came to my sister's, and enquired after us. I had not seen him for fifteen years, and I said, Mr. Rooke, I thought you had been dead, and we made a little bumbo, and he said he would put us in a way of getting an estate. He asked where I lived, and said he would call upon me; I said it would not be agreeable for him to call where I was, for I was not much at home; and I desired he would call upon my sister.

Q. Do you know any thing of this fact? Did you see your sister in this condition ?

Collingwood . Yes, I did, and I saw her before the Justice , and he said he had drunk a pint of gin that morning.

Prisoner. Was not I searched before the Justice?

Collingwood . Yes, you was. He said he threw himself into the river.

Prisoner . Mrs. Tod fell down, and struck her head against the stairs, and she struck me with the poker; and to shew the malice of this woman , she has raised up two boys to swear , that I threw this money into the Thames. She picked up a solicitor at Hick's Hall, and he said there were four guineas and a half thrown into the Thames by me; said I, do you know this? and he said, I have persons to swear it; and she said she would transport me or hang me. She had no money, for I was to lend her money till I could get a house out of the mortgagee's hands. I had the honour twice to be admitted an attorney , once by Mr . Justice Price, and once by Mr. Justice Denton. This is an artful laid thing. I lodged in her father's and mother's house, and spent a great deal of money there; and once or twice a week she and her sister went through my room when I was asleep, and took my money. There was a quarrel between me and the Prosecutrix, but I had no manner of intention to commit a robbery or any act of violence; for I went to enquire after her youngest sister, Polly, and she said I dare not let you see her, for if she is catched, she will be hanged [for her mother and she were transported.] I cannot say how I hurt her, for I never struck her with the poker; and that poker could not be bent so, if it was taken to any anvil; I have been robbed at their house, from time to time, of two or three guineas a week.

Q. If these persons were of that character, what made you go there?

Eliz. Tod. I was but a child when he lodged at my father's house.

Jury. We should be glad to know what Mrs. Collingwood's husband is?

Collingwood. My husband is master of a Guinea-man .

Jury. Where do you live?

Collingwood. In Queen's-Square, Ratcliff-Highway .

Jury. Why was it improper for him to come to your house?

Collingwood. I thought it improper.

Jury. For what reason.

Collingwood. Why then, Gentlemen of the Jury, I will tell you. My husband has been gone these six years, trading on the coast of Guinea; and he being gone so long I was forced to take a lodging, and take in plain work, and go out to ironing. As to my sister, she lives in a very creditable manner, I do assure you.

Guilty *.

* This offence was made transportation by an Act in the year 1734; whereby it is enacted, that if any person or persons after the first day of May, 1734, shall with any unlawful instrument or weapon assault, or with any menances demand any goods, chattels or money, with a felonious intent, that then, and in that case, every person lawfully convicted of the same, shall be adjudged guilty of felony, and shall be transported for seven years.

[Transportation. See summary.]

283. + Frances Munday , of St. Giles's in the Fields , was indicted for privately stealing two guineas, value 2 l. 2 s. and 28 shillings in silver, the monies of James Jones , privately from his person , April the 17th .

James Jones . On the 17th of April I lost my money.

Q. What business do you follow?

Jones. I am a chairman .

Q. Do you know the prisoner?

Jones. Yes.

Q. Did this woman take any thing from you?

Jones. Yes; two guineas.

Q. Where was it?

Jones. In Drum-Ally in Drury-Lane .

Q. Did she take any thing besides the two guineas?

Jones. Yes; 28 shillings in silver.

Q. Where was the money?

Jones. In my breeches-pocket.

Q. What time was it?

Jones. About four o'clock in the morning.

Q. Where had you been with her?

Jones. I was in a house with her; I was in liquor.

Q. Did you ever see her before?

Jones. I never saw her before.

Q. What room was it in?

Jones. Up one pair of stairs, or two pair of stairs; it was there about.

Q. Was there a bed in the room?

Jones. Yes, there were two.

Q. Did you go to bed with her?

Jones. Yes, and I laid my breeches under my head.

Q. So, though you was in liquor, you was so careful as to lay your breeches under your head.

Jones. Yes.

Q. What time did the Prisoner go?

Jones . I can't tell.

Q. When did you miss her?

Jones. I can't tell.

Q. But did she take your breeches as well as the money?

Jones. No, only my money; I had a watch in my breeches, but I got that again by a girl in the house.

Q. Do you chairmen use to carry so much money about you?

Jones. Sometimes we do. Three or four days afterwards I went to the same house to speak to her, and I asked her, whether she took my money? and she said, if I would stay till the next morning, and not take her up that night, she would get a lawyer to give me the money again, or a note for it.

Q. What did you do then? did you take her up?

Jones. Yes.

Q. Did she confess any thing after that?

Jones. No.

Q. Had you your money again?

Jones. No.

Mary Dicey . I lay in the same room with the Prisoner, and was in bed with Elizabeth Macguire .

Q. Do you know any thing of the Prisoner's taking any thing from this man?

Dicey . She waked me in the morning, and wanted me to drink a dram.

Q. Was she in bed with this man?

Dicey. No; she had been in bed with him for some time, and got up and went away, and we had a quartern of liquor, and then we had some small-beer brought up in a punch-bowl, and she said I will go to bed to my husband again; I saw her pull off all her things but her gown, and go into bed; and I saw her upon her knees in the bed.

Q. To whom did she go to bed?

Dicey. To the chairman; I heard the money chink, and she tossed me a shilling.

Q. Did you see her take the money?

Dicey. I saw her take it out of his breeches.

Q. How much did she take.

Dicey. I saw her take some gold, but how much I cannot tell: There was one Ann Sykes in the room, and she asked Sykes whether she should take it all? and she said, yes; and I said to Eliz. Macguire it was very proper to tell the people of the house of it, and so I did.

Q. Are you sure this is the woman that was in bed with the chairman?

Dicey. I am very sure of it.

Q. to Eliz. Macguire. Do you know the Prisoner ?

Macguire. Yes.

Q. Where do you live?

Macguire. We all live together.

Q. Did you see the young woman at the bar take any thing from this Jones?

Macguire. I did not; I drank a dram, and she said she would go to bed to her husband.

Q. And did she go to bed?

Macguire . She did, and pulled off all her things but her gown, and sat up in bed.

Q. Had you any of the money?

Macguire. She tossed me a shilling.

Q. What did she say she gave it you for?

Macguire. Asking your pardon, she said it was for my backside, and two or three more gentlemen. Acquitted of privately stealing from his person, but guilty of the felony to the value of 39 s .

[Transportation. See summary.]

284. Jane Sims , of St. Margaret, Westminster , was indicted for stealing a frock, value 6 d. a pair of stays, value 3 d. and a camblet skirt, value 9 d. the property of Thomas Hughes , May the 13th .

Mary Hughes . The Prisoner stripped my child of every thing it had on almost, and he came home with only an apron pinned about him.

Q. What time of the day was this?

Hughes. I don't know the time of the day; it was the day the King went to the parliament house.

Q. How came the child to go out?

Hughes. He went by himself into the Park, to see the King go to the house.

Q. How old is the child?

Huges. Three years and a half *.

* The child pointed to the Prisoner, and said, Mammy, Mammy, that is the woman.

Q. What time did the child come home?

Hughes. About five o'clock. I was going by Mrs. Cooke's door, and saw my child's stays hanging up; and I said to her, these are my stays, and asked her, whether she did not buy a green camblet skirt and a frock with them? she said, yes, and I desired, if the Prisoner came again, that she would let me know.

Mary Cooke . On the 13th day of this month, the day the King went to the house, the Prisoner came to my shop in Bow-street, Westminster, and offered me these things to sell.

Q. Do you deal in these things?

Cooke . Yes.

Q. What time was this?

Cooke . About four o'clock in the afternoon the Prisoner brought a frock, a skirt, and a pair of stays to me to sell. I took them in my hand, and saw they were very poor things, and asked her how she came by them? she said they were her brother's things, and that he had been put out to nurse, and was almost starved, and that his mother must sell them for bread, and I bought them. (Mrs. Hughes's child has the things on now) Mr. Hughes seeing the stay hang up as she came along, said to me, that was her stay, and asked me if I did not buy a skirt and a frock with it? and I said, yes. She desired me, if I saw the person again, to let her know. On the Monday following, the Prisoner came and offered me a gown: I looked at her, and thought it was the same woman; and my servant said, did not I buy a frock and a shirt of you? and she said, yes: then, said I, that is the woman that stript the child. I sent to Mrs. Hughes, and she took her up.

Guilty .

[Transportation. See summary.]

285. + Benjamin Thomas , of St. Margaret's, Westminster , was indicted, for that he on 30th day of April, 17 48, between the hours of two and three in the night of the same day, the dwelling-house of Samuel Tufnell , Esq; did break and enter, and a silver watch of the value of 3 l. 212 pieces of gold coin of the proper coin of this realm, called guineas, of the value of 222 l. 12 s. and one piece of gold coin of the proper coin of this realm, called an half guinea, of the value of 10 s. 6 d. did feloniously steal, take, and carry away .

There was another account in the indictment, that the said Benjamin Thomas , on the said 30th day of April, a silver watch, value 3 l. 212 guineas, value 222 l. 12 s. and an half guinea, value 10 s. 6 d. in the dwelling-house of the said Samuel Tufnell , Esq; feloniously did steal, take, and carry away, against the peace of our sovereign lord the King, &c.

Samuel Tufnell . On the 30th of April last, between two and three in the morning, the Prisoner at the bar broke into the back part of my house.

Q. What had the Prisoner been?

Tufnell. The Prisoner had lived with me as a servant between three or four years, and had been gone about six months.

Q. In what manner did he break into your house?

Tufnell . He broke a pane of glass, unscrew'd the pin of the back window, and unbolted a back door that goes into the yard; from thence he went into a parlour, where there was a bureau, and broke two locks open, and out of that bureau took 212 guineas and an half, and a silver watch.

Q. Where was you?

Tufnell . I was in the country then.

Q Was any body in the house?

Tufnell. All my family, but myself.

Q. How do you know this?

Tufnel. In the morning, when the servants got up, they told Mrs. Tufnell, and she sent a letter into the country for me; upon which I came to town, and when I saw the nature of the breaking open this bureau, I suspected this man, and knew it could be no other person but him, or one other person. I got a warrant, and went to his lodging in New-Tothill Street, Westminster, with Mr. Neale and the constable, and sent them up, but I staid below. They found the Prisoner, and charged him with this theft, and they found the watch and money upon him.

James Neale . On Monday the first of May, in the morning, Mr. Tufnell being out of town, Mrs. Tufnell sent for me, to inform me that her house was broke open, and to consult what was proper to be done, and I wrote to Mr. Tufnell. (I found a tool in the house, which belonged to some joiners, who were working hard by, and they owned the tool.) Upon which Mr. Tufnell came to town, and got a warrant, and we went to the Prisoner's lodgings ; he said he was surprized that I should suspect him. I saw him go to a trunk, which stood at the corner of the room, and he was fumbling about something; while I was looking into the drawers, he took something out of the trunk, and put it under his coat; I opened his coat, and there was the bag and the money: I said, are not you a rogue? this is your master's money; he made some little quibbles about it, which I do not very well remember; then I asked him after the watch, he denied it at first, but afterwards pulled it out from under some linen. He acknowledged the fact, and asked pardon.

Edward Underwood . I was the constable that took the Prisoner. I went with Mr. Tufnell and Mr. Neale to the Prisoner's lodging, and I was the first person that went into the room, and Mr. Neale cam e after me. Mr. Neale taxed the Prisoner with it, and he denied it very much; we searched some drawers, and found nothing; and I saw an old trunk that he was fumbling at, and saw him put a bag into his breast. I said to Mr. Neale , he has put a bag into his breast, and Mr. Neale opened his coat, and took it from him. I asked after the watch, he denied it at first, but it was put under some linen that lay upon the table, and he delivered the watch to us. [The watch was produced.]

Q. (to Mr. Tufnell.) Is that your watch?

Tufnell. This is my watch.

Q. What, the watch that was in the bureau along with the money?

Tufnell . Yes.

Q. (to Mr. Neale.) Was all the money found?

Neale. Yes; but he had taken six guineas out of the bag, and put it into another.

The Prisoner made no defence, but begged for the mercy of the Court.

The Jury found him guilty of the felony of stealing in the dwellinghouse, and acquitted him of the burglary .

Death .

286. + Sarah Alcomb , of St. Mary, White-chapel , was indicted for stealing a silver watch, value 7 l. the property of Joshua White , privately from his person , May 18 .

Joshua White sworn.

Q. Do you know Sarah Alcomb the Prisoner?

White. No. But on Wednesday, the 18th of this instant I was coming from Westham, and this woman picked me up.

Q. At what time?

White. Between two and three in the morning, by Whitechapel Church.

Q. What do you mean by picking you up?

White. That she said I must go home along with her.

Q. And did you go home with her?

White. Yes.

Q. Where was that?

White. At the Green Dragon Inn Yard, by Whitechapel Church , and there was a person with her.

Q. What do you mean by a person, a man, or a woman?

White. A woman; and the Prisoner said she wanted some beer, and the other woman went for it; in the mean time she got hold of my watch, as I was next her.

Q. Was you sitting by her?

White. No, we were standing.

Q. Was the other woman there then?

White. No; she went for some beer, and she came back again, and said she could not get any, and in about five or six minutes, the Prisoner got hold of my watch again.

Q. Did she put her hand into your breeches?

White. No, she put it into my coat pocket.

Q. Was your watch in your coat pocket when you went into the room?

White. No.

Q. So when you was there, you pulled it out of your breeches and put it into your coat pocket?

White. Yes, it was in my fob before, and she had almost got it out, so I put it into my coat pocket, and in about five minutes more she got it out; I got hold of her hand, and she called to the other woman to aid and assist her.

Q. What did she want the other woman to aid and assist her for?

White. To take the watch out of her hand.

Q. You did not stand passive all the while, did you?

White. No, we were talking all the time.

Q. What were you talking about?

White. She asked me several questions, how I lived, &c. I said she had got my watch, and desired to have it again; and she said she had it not. Presently her husband came into the room, and then I did not make any more disturbance about it.

Q I don't find you made any disturbance before.

White. None at all. I went two or three times afterwards the same day, and I enquired for her in the neighbourhood, and she was not to be found. I went the next day to the room where she lodged, and her husband was in bed.

Q. Was that in the room you was in before?

White. They had moved their lodging, I got a warrant, and took the Prisoner's husband up, and asked, whether he knew where the watch was? he said he knew nothing at all about it, and desired me to be easy and favourable. I desired he would send for his wife, which he did; and before she came, I asked him whether he could give me any information about it? and if he did, it would be the better for him; and as I was going along, I met the Prisoner, and we all went to a publick house, and there I asked the Prisoner what she had done with the watch? she said she had borrowed 45 s. upon it. Then we went before a justice, and she declared, to him, that her husband was innocent of the fact, and swore so, and she said she was the person that took it, and borrowed the money upon it.

Q. to White. You knew before that, that she had no hand in it?

White. No, I did not, for it was in the dark.

Q. So as to what you have said concerning her taking the watch out of your pocket, and bidding the other woman take it out of your hand; all this time you were in the dark?

White. Yes.

Mr. Bird. I am constable.

Q. What do you know of this matter?

Bird. Mr. White brought me a warrant to take up John Alcomb and his wife, and I took him up, and we went to a publick-house , and the Prisoner came to clear her husband; and she said he was innocent of the affair, and owned herself to be guilty, and Mr. White said, that is your Prisoner; so I took her into custody, and waited an hour and a half before we went before a magistrate; she owned it at the publick-house , and before the justice.

Q. What did she own before the justice?

White. She owned she took the watch from me, and not her husband.

Prisoner. Was not you in liquor?

White. I was a little in liquor to be sure.

Mr. Glegg. I went with Joshua White to Westham , and we staid there till one o'clock in the morning, and I kept him company till we came to Whitechapel Church, and then it wanted a quarter of an hour of three. This was on the Wednesday morning.

Q. Was he sober?

Glegg . He was a little cherry-merry ; he came to me the next morning, and said he had lost his watch: we went to the house, and they were moved, and he offered the gentleman a crown if he would let him know where they were moved to; and we got the man, and he told us where his wife was at work; but telling her that her husband was in hold, she presently followed him, and told us that she took the watch, and that her husband was innocent.

Prisoner. I might say what I did not do, for I did not take it, and know nothing of its being gone; but in my fright I might say that I took it, because my husband was in trouble; but I don't know what I said in the fright, for I know myself to be innocent; it was the other woman that took it, and not I.

Acquitted .

287. Richard Lowther , of St. Mary, White-chapel , was indicted for stealing an apron, value 18 d. three shifts, value 2 s. 6 d. a shirt, value 8 d. a holland frock, value 6 d. two yards of ribband, value 6 d. four child's caps, value 6 d. two bibs, value 6 d. six pieces of linen, value 3 d. and a biggin, value 1 d. the property of John Miller , May the 25th .

John Miller . I live in Whitechapel .

Q. Have you lost any thing?

Miller. My wife knows, I don't know what I lost.

Q. Is the Prisoner your servant?

Miller. I don't know any thing of him.

Mary Miller . I am wife of John Miller .

Q. Have you lost any thing?

Miller. Yes, to my sorrow.

Q. What?

Miller . Some cloaths.

Q When did you lose them?

Miller. Last Wednesday night.

Q. What makes you think the Prisoner was concerned in taking them?

Miller . Because the Prisoner's brother lives in the same house with me, and when he came to see his brother he stole them.

Q. Have you got the things again?

Miller . I have nothing but one shift and an apron.

Q. Where did you find them?

Miller. In Houndsditch.

Q. How came you to go into Houndsditch?

Miller. The Prisoner took me there; these are the things.

Q. Did the Prisoner say how he came by them?

Miller. He said he took them out of my room; the key was in my door, and when he went up stairs to his brother, he robbed me.

Q. Did you give any thing to get them out of the pawn-broker's hands?

Miller. No, the pawn-broker gave them me freely.

John Motterfield . I am a constable, I took the prisoner before the justice, and he said he sold the things in two places, one part for 10 d. and the other for a shilling; he said he sold the child's things in the Back-Lane in St. George's in the East.

Q. Did you find them?

Miller. No, we could not find them there.

Q. What did you find in Houndsditch?

Miller. We went up one pair of stairs, and found an apron and a shift: the woman denied the having them at first; and I told her the boy had sworn it, and I said I must have the things, or I would carry her along with us; and then she said they were not bought, they were pawned.

Guilty .

[Transportation. See summary.]

288. John Marsden , of St. Mary le Bo w, was indicted for stealing a carpenter's plain, value 18 d. the property of Robert Smocum , nine plains, a glew pot, two pair of tongs, a chissel, six casements, four bolts, eight staples, and two pounds of nails, &c. the property of Thomas Spackman , May 17 .

Thomas Spackman . I lost these things at different times.

Q. Where were they taken from?

Spackman. They were taken from a lower part of the house; there were ten planes stole, nine were my own, and one a journeyman's .

Q. What is his name?

Spackman. Robert Smocum .

Q. When did you lose the first?

Spackman. About the first of April.

Q. When did you lose the last?

Spackman. The latter end of April, the Prisoner confessed where he had sold them. I got some of them again.

Q. Where did you find your planes?

Spackman. At Edward Williams 's, in his shop.

Q. How came you to find them there?

Spackman. The Prisoner went along with us and the constable.

Prisoner. My master Williams bought them of me.

Q. (to Williams .) Was the Prisoner your servant?

Williams. He was my errand boy , and I gave him half a crown a week; the first plane he brought to me I stopped, and he brought his sister down, and she said they were his father's and mother's.

Prisoner. My master bought one plane of me for two pence, and he said if I brought more, he would buy them.

Q. (to Williams.) Where do you live?

Williams. I live in Crown Court, in Fleet-street, and keep a house there.

The Court reprimanded Williams very severely for buying goods of such a boy, and much under the value; and ordered Sparkman to take care of the planes, and to prosecute Williams the next Sessions, for receiving them, knowing them to be stolen; and Williams was bound in a Recognizance to appear at the next Sessions, to take his trial.

Marsden guilty .

[Branding. See summary.]

289. + Mary Kelly , of St. George Bloomsbury , was indicted (with Elizabeth Johnson, not taken) for stealing thirteen silk handkerchiefs, value 48 s. the property of Francis Flower , in his shop , May 17 .

Francis Flower . On Tuesday was sevennight the Prisoner came to my shop, under pretence of buying some silk handkerchiefs.

Q. Where is your shop?

Flower. In King's-street, Bloomsbury . I had but one servant in the shop, and I heard two people there; I was busy writing backwards, and did not go into the shop; afterwards I heard a third person come in, it was in the dusk of the evening, and I thought three persons were too many for my boy to serve, and the Prisoner at the bar, or another woman, had some money in her hand, and paid for a handkerchief. A neighbour came in and cautioned me, that if such a person was not gone, to examine her, for she believed she was a shop-lifter . The handkerchiefs were all in a confusion, but the boy gave me a pretty good account, and I was satisfied; and I did not miss the handkerchiefs till the Friday following, and then I missed a piece. Mrs. Wycherly sent me word, that she had been searching after her goods, and had found her muslin, and that she believed she had seen some handkerchiefs that she had seen at my house. I went to Mrs. Wycherly, and she told me, if I would go with her in the evening, she believed she could find the people that had them; I told her I should take it very kindly. Mrs. Wycherly saw the two women [the Prisoner and Elizabeth Johnson ] accidentally coming by, just about the dusk of the evening; these two women were taken up, and carried before Justice Broadhead .

Q. Did she take them herself?

Flower . She secured them in the shop.

Q. What in your shop, or Mrs. Wycherly's?

Flower. No, in the shop where the goods were found. The minute I saw the Prisoner's face , I was certain to her face, for I was too well acquainted with her, and knew she had been too often with me, and the person who was in my shop positively said she was the person who was in the shop that night.

Q. Did you find your goods again?

Flower. I got part of them at Mrs. Loach's, in Bow-street, Bloomsbury , and part of them in Holborn .

[The handkerchiefs were produced.]

Q. Are these the handkerchiefs that were taken out of your shop?

Flower . Yes; here are seven of them, and there have been six sold.

Q. You are sure the whole thirteen were your handkerchiefs?

Flower. Yes, my Lord.

Pris. Coun. You say there were two women in your shop, you don't know who took them?

Flower. I do not.

Q. If you had met the Prisoner in Cheapside. could you have known her?

Flower. If I had looked at her earnestly I should have known her again.

Court. Are you sure she is the person?

Flower. Yes.

Pris. Coun. Are you sure that these are part of your goods?

Flower. Yes , I am sure of it, because I never sold any but singly .

Q. They are a common sort of handkerchiefs, are there no other of that pattern but what you had?

Flower . There are some; though but few.

Martha Esham sworn.

Q. Have you seen the Prisoner before?

Esham. Yes, I have seen her about three times in my shop.

Q. Where is your shop?

Esham. In Holborn.

Q What business is yours?

Esham. I deal in clothes.

Q. Do you know any thing of these handkerchiefs?

Esham. About the 16th or 17th of this instant the Prisoner came with some handkerchiefs to my shop, and another woman with her.

Q. What did they come for?

Esham. With handkerchiefs, and I bought six of them, and gave her eighteen shillings for them, and I thought it was a very good price.

Q. Do you believe these to be the handkerchief?

Esham . I believe they are. Mr. Flower came to my shop.

Q. How came he to come there?

Esham. He was informed by Mrs. Wycherly, that she believed she could help him to the handkerchiefs.

Q. When did Mr. Flower come to your shop?

Esham. Mr. Flowe came to my shop on Saturday last, in the morning, and said I had got very pretty handkerchiefs , and he looked at them, and said he believed they were his, and I went with him to the Justice's.

Pris. Coun. Did Mr. Flower say positively, that they were his handkerchiefs?

Esham. Mr. Flower said he could positively swear to this piece (the red ones) but not to the others.

Q. Had you any reason to suspect the Prisoner ?

Esham . No.

Q. Had you seen the Prisoner often?

Esham . I had seen her about three times.

Elizabeth Loach sworn.

Q. Have you seen the Prisoner before?

Loach. Yes, three times.

Q. Where do you live?

Loach . In Bow-street, Bloomsbury.

Q. How came you to see her there?

Loach. The Prisoner and another woman brought some handkerchiefs, and they sold me seven of them for twenty shillings.

Q. When did you buy them?

Loach. Some time last week, but I cannot be sure what day.

Q. How came the handkerchiefs to be out of your custody?

Loach. I put them out to sale, and Mrs. Wycherly came and looked at them, and asked me the price of them, I asked her three shillings and sixpence, and she was to give me three shillings. I gave two shillings and sixpence for them.

Q. Did Mr. Flower come afterwards?

Loach. Yes.

Q. Did he say they were his?

Loach. He did as good as say so, but he was not quite positive; he could scarcely say they were his?

Q. What did he say?

Loach. He said he could not swear they were his, but at last he was positive, and then he took them away.

Q. So you are sure the Prisoner at the bar was one of the women that brought them to your house?

Loach. Yes.

Ann Robinson sworn.

Q. What have you to say?

Robinson. I saw the Prisoner in Mr. Flower's shop, while I was buying some tape.

Q. What day was it?

Robinson. I cannot be certain; but to the best of my knowledge it was Tuesday was sevennight. There were two women in the shop, and when I came in I was the third.

Q. What were they doing?

Robinson. The young man was cutting off a handkerchief.

Francis Bishop sworn.

Q. What have you to say against the Prisoner?

Bishop. The Prisoner and another woman came into the shop to buy some handkerchiefs.

Q. Are you Mr. Flower's servant?

Bishop. Yes.

Q. When was this?

Bishop. I believe it was Tuesday or Wednesday sevennight.

Q. What did they say?

Bishop. When they came into the shop, they said they wanted a handkerchief with a border; I shewed them some, and they did not like them; I reached some more down, and they did not like them; then they wanted a sattinet handkerchief, I shewed them some, and we bargained for four shillings and sixpence for one. I had begun to cut it off, but my master cut it quite off, and took the money for it.

Prisoner . I do not know but they might be stole , but I bought the muslin and the handkerchiefs together, and I sold the muslin first, and the handkerchiefs afterwards.

Q. Where di d you buy the handkerchiefs?

Prisoner. In Dean-street, Soho .

Q. Of who?

Prisoner . Of a pedling sort of a man, who looked very well; he said he wanted money, and was going into the country; I went into an alehouse, and bought them. The gentlewoman, who was along with me, is gone away, she was so frightened .

Bridget Smith for the Prisoner.

Q. Do you know the Prisoner?

Smith. Yes.

Q. How long have you known her?

Smith. Eight or nine years.

Q. Has she a husband?

Smith. Yes, he is a sailor.

Q. What business does she follow?

Smith. She follows her needle.

Rose Conway. I have known the Prisoner three or four years.

Q. What do you know of her?

Conway . I never knew any thing but what was honest by her.

Q. What business does she follow?

Conway . I don't know that she follows any business .

Peter Churchill . I have known the Prisoner three years, she lodged in my house about three or four months.

Q. How long ago was this?

Churchill. This time twelve month.

Q. How did she get her livelyhood?

Churchill . Her husband belonged to the Prince Frederick Privateer , and she had a bill of sale left her by her husband ?

Pris . Coun. Then she was in good circumstances I suppose.

Churchill . She paid me very honestly .

James Conway . I have known the Prisoner better than four years.

Q. Did you ever know her charged with a crime of this nature before?

Conway. Never; and I never heard any harm of her.

Prisoner. I bought them at the Crown Alehouse, in Dean-street, Soho. Acquitted of privately stealing in the shop: Guilty of the felony .

Mary Kelly , was a second time indicted, for that she on the 13th day of May , at the parish of St. Paul, Covent-Garden , twenty-seven yards and a half of muslin, value 7 l. the property of Mary Wycherly , in the shop of the said Mary, did privately and feloniously steal, take, and carry away , against the peace of our sovereign lord the King, &c.

Mary Wycherly sworn.

Q. Where do you live?

Wycherly. In St. James's Street, Covent-Garden .

Q. What shop do you keep?

Wycherly. A Linen-draper's shop .

Q. Do you know any thing of losing any muslin ?

Wycherly . Yes, I lost twenty-seven yards and a half of muslin out of my shop.

Q. When was it?

Wycherly . I think it was this day fortnight, in the evening, as near as I can remember.

Q. Where was the muslin when it was lost?

Wycherly . I believe it was upon my Counter.

Q. Do you know the Prisoner?

Wycherly . Yes.

Q. What did she come into your Shop for?

Wycherly. She and another woman came under pretence of buying some muslin, but they bought half a yard of cambrick; I suspected them, and I did not like them.

Q. What reason had you to suspect them?

Wycherly . Because they pulled the cambricks and lawns about very much, and spread out very near a whole piece of cambrick.

Q. What happened after this?

Wycherly . They went away.

Q When did you miss this muslin?

Wycherly . I missed it that evening.

Q. Where was that muslin?

Wycherly. To the best of my knowledge it was in a drawer upon the end of the counter. There is one Sarah Wells , who deals with me, said she had bought some muslin at a shop in Holborn, and asked my opinion of it?

Q. How long was this after?

Wycherly . The Tuesday or Wednesday following, and she shewing me the muslin, I thought it looked so much like mine, that I believed it to be mine; and I asked her what she gave a yard for it ? she said 4 s. 6 d. and that cost me 6 s. a yard. I then desired that Sarah Wells would go with my servant to the shop in Holborn, where she said she bought it; and they both did go.

Q. You did not go with them?

Wycherly . No, my Lord.

Q. Where was it that they bought it?

Wycherly. At the Anchor; I don't know the gentlewoman's name.

Q. What is your servant's name?

Wycherly. It is Betty; but I don't know her other name.

Q. Did you see the Prisoner afterwards?

Wycherly. Yes, I took her and Elizabeth Johnson at a shop in Holborn, and the Prisoner said she had sold one of the pieces in Bow-street, Bloomsbury .

Q. What was there of it?

Wycherly. There were twenty yards of yard-wide, and seven yards and a half of yard and half-wide: I went the next morning to that shop in Bow-street, and there I heard where the other muslin was.

Elizabeth Instant sworn.

Q. Are you servant to Mrs. Wycherly?

Instant. Yes, my Lord.

Q. Was you sent into Holborn with Mrs. Wells?

Instant. Yes.

Q. Give an account of that.

Instant. Mrs. Wells and I went to the shop in Holborn.

Q. What is the name of the person who keeps it?

Instant. Esham, it is a clothes-shop. I asked her how she came by the muslin, and who she bought it of? she said she bought it of a Holland trader. I asked her what sort of a person it was? she said there were two, one was a tall woman, and the other a short one, and she said she bought it of the short one, Mary Kelly .

Q. What, did she say she bought of Mary Kelly ?

Instant. She said she bought seven yards and an half of yard and half-wide muslin.

Elizabeth Esham sworn.

Q. Give an account what muslin you bought of the Prisoner?

Esham . On the 13th instant the Prisoner brought seven yards and an half of muslin to my shop, and she said she had ten yards of another sort.

Q. And did you buy this of her?

Esham . I bought seven yards and an half of her.

Q. Is that the woman at the bar?

Esham . Yes.

Q. You did not buy the other, I think.

Esham . No, my Lord.

Q. Why did not you buy the other?

Esham. I bid her money for the seven yards and an half, and she went out of the shop and went away. She came a second time, and said she had sold the other piece .

Q. What price did you give for that muslin?

Esham. 3 s. 6 d. a yard.

Q. How wide is it?

Esham. Yard and half wide.

Elizabeth Loach sworn.

The same day the Prisoner at the bar came to me, and I bought some muslin of her.

Q. What day was it?

Loach. I think it was this day fortnight.

Q. What do you deal in?

Loach. I deal in clothes, as that gentlewoman does [Mrs. Esham]. I bought twenty yards of muslin of the Prisoner, it was but yard wide, and I gave her 3 s. 6 d. a yard for it; I have sold all the muslin, unless one yard that I kept for my own use.

Q. Have you got that here?

Loach. Yes, I have.

[The muslin was produced.]

Mrs. Wycherly. Here is another yard that was bought at Mrs. Loach's; I suspected my muslin to be there, and I sent a young woman to buy a yard of it.

Q. Is that your muslin?

Wycherly. Yes, they are both mine.

Q. Is there any mark upon them?

Wycherly. No.

Q. What, don't you mark your goods at the end?

Wycherly. Yes; but neither of these are marked.

Q. Is not one of them the fag end?

Wycherly. Neither of them is the fag end.

Mrs. Esham called again.

Q. Did you sell any of this muslin?

Esham. I sold two yards of this muslin to a gentlewoman here in court.

Q. Who is that?

Esham. One Mrs. Wells.

Mrs. Wells called.

Q. Did you buy any muslin of Mrs. Esham?

Wells. Yes.

Q. Was you sent by Mrs. Wycherly ?

Wells . No, it was casually; I went in for some handkerchiefs, and she said she had got some muslin to dispose of; and I bought two yards and a half.

Q. When was this?

Wells . I think it was Wednesday was sev'nnight, and I took it to Mrs. Wycherly's.

Q. How came you to take it there?

Wells . Because I sell goods for Mrs. Wycherly.

[The two yards and an half of muslin was produced.]

Q. to Mrs. Wycherly . Can you swear that to be your muslin?

Wycherly. No, my Lord, I cannot positively, because there is no mark upon it; but 'tis very like it; I had a suspicion that it was my muslin that was at the shop in Bow-street, and I sent a young woman to buy some.

Q. You cannot positively say that is your muslin?

Wycherly . No, but I have a great deal of reason to suspect the Prisoner, and the shop where it was found, for I saw Mary Kelly there. I heard that part of my muslin was sold in Bow-street; I went to the shop, and told her, I wanted some goods; she asked me, if I was a country milliner? I said, yes, and I should be here a fortnight, and if she had any goods in that time that would suit me, I would buy them. I shut up my own shop, and made it my business to detect them : I went to the shop, and found Kelly and Johnson in the shop.

Q. Was this the shop in Bow-street?

Wycherly . Yes; I said they were shop-lifters, and kept them in the shop, and I was there for a quarter of an hour, and could not get any body to assist me; but at last I got Kelly and Johnson secured, and carried them before a justice of the peace: there is a piece of muslin that they had, which is in the hands of one Jones a constable; for they would have made it up with me.

[Mr. Jones was called, and produced the muslin.]

Q. to Mrs. Wycherly . Is this your muslin?

Wycherly. No, my Lord.

[This not being owned, it was the property of the Sheriffs, but Mr. Sheriff Davis made a present of it to Mrs. Wycherly.]

Thomas Barrett sworn .

Q. What are you?

Barrett. I am a constable; when the constable brought the Prisoner before the justice, I was there with other people, and the Prisoner and the other denied it; and after she was examined before the justice , I took her down into the yard with Mrs. Wycherly, and desired she would acknowledge to Mrs. Wycherly, whether she took the muslin or no, and then she might have favour; and she did by that means own, that she took it out of Mrs. Wycherly's shop, and sold twenty yards to a gentlewoman in Bow-street, Bloomsbury, and seven yards and an half to a gentlewoman in Holborn.

John Rishton . I was at Mrs. Wycherly's shop, in order to help her, for she was selling off; I folded up this muslin, and put it into a drawer: yesterday se'nnight Mrs. Wycherly and Mrs. Wells came to our house.

Q. Which is your house?

Rishton. I live at a Linen-draper's in Duke's-Court, and Mrs. Wycherly and Mrs. Wells asked me, whether I knew the muslin? and I said it looked very much like hers, for it run a very great breadth; it run a nail above yard and half wide, and I asked Mrs. Well, whether she saw the fag end? she said, no: I said there was a mark upon it, and two stripes at the end.

Guilty 4 s. 10 d .

[Transportation. See summary.]

290. Mary Porter was indicted for stealing sixteen quilted caps, value 16 s. the property of Bertrant Quinseck .

George Mattaire . I live in Pall-Mall, the Prisoner brought sixteen quilted caps to me, and I gave her 16 s. for them; and the next morning Mrs. Quinseck came to me and desired, if any body brought any caps to me, to stop them. I said to Mrs. Quinseck , that I had bought sixteen caps last night, and gave 16 s. for them.

Q. What does Mrs. Quinseck do?

Mattaire . She makes quilted caps, and other things ?

Q. Do you deal in the same way?

Mattaire. Yes, and she owned to the constable that she stole them from Mrs. Quinseck.

The constable deposed, that as he was carrying her before the justice, she owned that she stole sixteen caps from Mrs. Quinseck (her mistress) and had sold them to Mr. Mattaire for 16 s.

Prisoner. I make caps myself; these are not Mrs. Quinseck's caps.

[Mrs. Quinseck could not speak English, and Mr. Mattaire was sworn-interpreter .]

Mary Quinsick deposed, that she lost sixteen caps, and is sure that these are her caps, because they are of a particular pattern, and she was the first person that made them, and that the Prisoner worked for her at that time.

Guilty 10 d. - The jury recommended her for corporal punishment .

[Whipping. See summary.]

291. + James Watling , (commonly called, or known by the name of Tom Tit ) late of Benacre, in the county of Suffolk , was indicted, for that he, with divers other malefactors (disturbers of the peace of our sovereign Lord the King) to wit, to the number of fifty persons, or more, (whose names are unknown) after the 24th day of July, in the 19th year of his Majesty's reign, to wit, on the 10th day of September, 1747 , and in the 21st year of his Majesty's reign, did, at Benacre, in the county of Suffolk, with fire arms, and other offensive weapons, riotously, unlawfully, and feloniously, assemble themselves together, in order to be aiding and assisting in 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.

Coun. for the Crown. My Lord, and Gentlemen of the Jury, The Prisoner stands indicted for an offence, which is made felony without benefit of clergy, by a late Act of Parliament made in the 19th year of his Majesty's reign, and which the Legislature found necessary to make, in order to put a stop, if possible, to a practice so prejudicial to the peace of the subject, and to prevent the prejudice done to the customs, and to all honest traders; and the Act says, if any persons, to the number of three or more, shall, with fire arms, and other offensive weapons, assemble themselves together, in order to be aiding and assisting in running and landing uncustomed goods, and goods liable to pay duties, which have not been paid or secured , shall be guilty of felony, without benefit of clergy. Many have been guilty, some have been brought before you, and some have been found guilty, and the Government have done all that is in their power to find out the nests of these people, who do what they can to the prejudice of their country. Gentlemen, the Prisoner is one, who has been of a gang who have insested the counties of Norfolk and Suffolk; and on the 10th of September, 1747, the Prisoner at the Bar, with forty or fifty of them, were assembled together at Benacre in Suffolk; and there was a little smuggling cutter or vessel, which was expected to come to Benacre , and the Prisoner was one who was assembled with the others, in order to receive these goods, and they did receive from this vessel about thirty hundred weight of tea, and a large quantity of brandy, and it is for this fact that the Prisoner stands indicted. Gentlemen, we shall produce our witnesses, and if we prove this fact, I do not doubt but you will find the Prisoner guilty. Call John Leader .

John Leader sworn.

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

Leader. Yes, sir .

Q. What is his name?

Leader. James Watling .

Q. What do you know of the Fact that he is charged with?

Leader. Three weeks before Michaelmas -

Q. What Michaelmas?

Leader. Last Michaelmas, James Watling , who we call Tom Tit , was armed with fire arms.

Q. What arms had he?

Leader. A case of pistols.

Q. Had he any other arms?

Leader. No.

Q. Were any other persons with him?

Leader. Yes.

Q. How many were there of them?

Leader. Forty or fifty.

Q. Were they all armed?

Leader. Many of them were armed.

Q. Where did you see them?

Leader. Upon Benacre beach .

Q. What were they doing of?

Leader. Taking uncustomed goods out of a cutter; the goods were brought to the shore in boats.

Q. What goods?

Leader. Tea and Brandy.

Q. What was the Tea in?

Leader. In half quartern bags.

Q. What was the brandy in?

Leader. In half anchors.

Q. You have seen goods run before?

Leader. Yes.

Q. What do they usually carry in these bags?

Leader. Tea.

Q. Was the Prisoner on horseback or on foot?

Leader. He was on horseback, and he had some bags under him.

Q. What month was this in?

Leader. In September.

Q. What part of the month?

Leader. It was three weeks before Michaelmas.

Q. What makes you be so particular as to the time?

Leader. Because we made an end of harvest then.

Q. Are you sure that is the man?

Leader. Yes, I know him very well.

Q. What time was this?

Leader. About seven o'clock at night.

Q. Did the Prisoner help these out of the cutter?

Leader . Yes, and I helped them.

Q. How many do you think there were of all those that were armed?

Leader. All of them, as far as I could see.

Q. Were there three armed ?

Leader. Yes, and a great many more.

Q. Did you say this was the day after your harvest?

Leader . Yes.

Pris. Coun. Can you tell the day of the month that your harvest ended?

Leader. I did not take particular observation of that.

Q. Can you tell the day of the week?

Leader . No.

Q. When is Michaelmas ? you know that to be sure.

Leader. I cannot tell when Michaelmas is.

Q. What month is Michaelmas in?

Leader. I cannot tell.

Coun. What time was your harvest ended?

Leader . Three weeks before Michaelmas.

Q. How can you say it was three weeks before Michaelmas, when you cannot tell when Michaelmas is? what time of the year is Michaelmas day?

Le ader . The latter end of the year.

Q. What month is it in?

Leader. I cannot certainly tell the month ; for I can neither write not read.

Coun. for the Crown. Did you ever read an Almanack then?

Leader . No.

Pris. Coun. Can you be sure whether it was exactly three weeks, or more or less.

Leader . No; it was the time as I have said.

Q. Do you know the month of July?

Leader. No, I do not.

Q. Do you know what day of the week this fact was done?

Leader. It was either Tuesday or Wednesday.

Q. Did you give an information of this to any one?

Leader . Yes.

Q. To who?

Leader. To Justice Skillet and Mr. Poulson.

Q. When?

Leader. After Christmas.

Q. Did not you apply to Justice Jaques, to give an information of this to him?

Leader. No.

Q. You are sure of that?

Leader. Yes.

Prisoner. I do not know any thing of the matter.

Court. Have you any witnesses to the fact?

Prisoner. Yes, my Lord.

Prisoner's Defence.

James Fisher sworn.

Pris. Coun. Do you know the Prisoner?

Fisher. Yes, his name is James Watling .

Q. Where do you live?

Fisher. At Wingfield , when I am at home.

Q. Do you know Benacre ?

Fisher. Yes.

Q. How far is Wingfield from Benacre ?

Fisher. About twenty miles. I never was at Benacre but once.

Q. Do you remember whether you saw the Prisoner upon the tenth of September last?

Fisher. Yes, he was at work for me then.

Q. What work did he do?

Fisher. The first work he did, he helped to unload a cart-load of hemp, and the next thing he did, he gathered up a load of peas, and after he had gathered them up, he helped me to thrash.

Q. What time did he come to work?

Fisher. I cannot tell, but he came in the forenoon.

Q. How long did he stay?

Fisher . Till ten o'clock at night.

Q. You are sure it was the tenth of September?

Fisher . Yes.

Q. And was he in your presence all the time?

Fisher . Yes.

Coun . for the Crown. What are you ?

Fisher . I am a farmer.

Q. What is the Prisoner?

Fisher . He is a labourer.

Q. And goes to smuggling afterwards?

Fisher. I don't know any thing of that.

Q. Now I would ask, how you came to be so precise, as to know that the Prisoner worked with you that day?

Fisher. Because it was the last day of my harvest that I had to get in.

Q. Have you ever employed him since?

Fisher . No.

Q. Have you employed him before?

Fisher. Yes, but not very often.

Q. Did he work for you the whole harvest?

Fisher. No, for I generally do my work myself.

Q. Who worked with him?

Fisher . I did.

Q. What did you give him?

Fisher. I gave him his victuals.

Q. Do they work for victuals , and not money?

Fisher. It is usual in harvest to find them plentifully .

Q. How long is it since you saw him before to day?

Fisher. I cannot tell justly.

Q. You have seen him since, the tenth of September?

Fisher. Yes.

Q. When did you see him since?

Fisher. I saw him on the 29th of September *.

* There was another Indictment against the Prisoner on the 29th of September.

Q. What was he doing then?

Fisher. He was helping a man to remove his goods.

Q. Who subpoena'd you to be a witness?

Fisher. I had a subpoena from Mr. Kelly.

Q. Was you never spoke to, to be a witness, before the subpoena came down?

Fisher. Not that I know of.

Q. Do not you know whether any body asked you to be a witness, before the subpoena was served on you?

Fisher. Do you mean who served the subpoena ?

Coun. for the Crown. No; I mean, who spoke to you, to know what you could say?

Fisher. I never was spoke to by any body.

Q. Did any body ask you, whether you could say any thing material with respect to the Prisoner?

Fisher . There was a letter came, which was shewed to me.

Q. Who was it brought by?

Fisher . By Henry Connell , to ask, whether I could recollect these things, and the days.

Q. What days?

Fisher . The 10th of September, and the 29th of September.

Q. What was it at your own house?

Fisher. It was at a neighbour's house.

Q. Did he ask you whether you could speak to any other particulars?

Fisher . No.

Q. Did he ask you any thing with respect to smuggling or running of goods?

Fisher. No.

Q. Have you seen the Prisoner since the 29th of September?

Fisher. I have seen him go backwards and forwards by the front of my ground.

Q. Has he never said any thing to you about this since?

Fisher. No, never.

Q. Has he never spoke to you about the letter?

Fisher. No.

Q. Who did the letter come from ?

Fisher . From Mr. Kelly.

Q. Who was it wrote to?

Fisher . It was wrote to Mr. Connell.

Q. Was there any subpoena came with it?

Fisher. There was a subpoena came with the last, but there was none with the first.

Q. Did you never see the Prisoner at the bar at Benacre ?

Fisher. No, I never was at Benacre but once in my life.

Q. Was there any thing said to you about a reward, if you was a witness?

Fisher. Only for my own charges.

Q. Mention some particular sum , what sum was it ?

Fisher. Such a sum as I desired to be spent.

Samuel Barber sworn.

Pris. Coun. Do you see that John Leader , that was examined just now as a witness?

Barber. Yes.

Q. Do you know him?

Barber. Yes; I have known him a great many years.

Q. How many years?

Barber. About sixteen years.

Q. Where do you live?

Barber. In Cheapside.

Q. Did you live at Benacre ?

Barber. Yes.

Q. How long did you live there?

Barber. Thirteen or fourteen years.

Q. How long have you left it?

Barber. About fourteen years.

Q. Do you ever go backwards and forwards to Benacre ?

Barber. Yes; I have an estate there of about sixty pounds a year, and I am generally backwards and forwards three or four times a year.

Q. Pray what character does he bear?

Barber. He bears a very bad character, with respect to stealing poultry and other things.

Coun . for the Crown. You must not go into that, what is his general character?

Barber. It is very bad.

Q. What is the report of the neighbourhood as to his character in general?

Barber. It is that of a very disorderly fellow.

Pris. Coun. Has he ever been in Prison?

Barber. He has been committed.

Q. Do you think he is a man, that, upon such an occasion as this, is to be believed upon his oath?

Barber. I don't think he is; his father and he always had a bad character, and his father had no visible appearance of living but only keeping a few cows.

Council for the Crown. What business are you?

Barber. A linen-draper.

Q. Are you in the linen-drapery business for yourself?

Barber. I am a servant.

Q. What, an apprentice.

Barber . I am a journeyman.

Q. Where did you live before?

Barber. At Saxmundham in Suffolk.

Q. What was you there?

Barber. I was in the linen and woollen-drapery business.

Q. What, for yourself?

Barber. No.

Q. Is not Benacre a famous place for smuggling?

Barber. I have not lived there a great many years.

Q. What age are you?

Barber. About twenty-four.

Prisoner's Council. You say you have known him about sixteen years.

Barber. Yes.

Q. Then you knew him at eight or nine years of age, and he had a bad character then, had he?

Barber. Yes , he had.

Counsel for the Crown. Where is your estate?

Barber. At Benacre .

Q. You say you have been there three or four times a year.

Barber. Yes.

Q. How long have you had that estate?

Barber. I have been in the possession of it ever since I was of age.

Q. Where was you born?

Barber. I was born at Benacre .

Q. When did you see Leader last before this?

Barber. About a month or six weeks ago.

Q. Was you in company with him?

Barber. Yes.

Q. Who was there besides?

Barber. There were several other persons.

Q. Where was it?

Barber. In the Old Baily. I was drinking a glass of wine with one Welch, and this Leader was with us.

Q. How many were there of you?

Barber. Five or six persons.

Q. How long were you together?

Barber. About half an hour; I had sold Welch and old house and some timber.

Q. Had you any business with him, with respect to the trial?

Barber. No.

Q. Have you seen Leader at Benacre within this twelvemonth?

Barber. I cannot say.

Q. Have you within these two years?

Barber. I don't know.

Q. Have you within these five years?

Barber. Very like I might, but I cannot be positive.

Q. Do you know one Fox?

Barber. Yes.

Q. How long have you known him?

Barber. About ten years.

Q. When did you see Fox last ?

Barber. I cannot tell.

Q. Have you seen him within a month?

Barber. Yes.

Q. Have you seen him within these three weeks?

Barber. I believe not.

Q. Have you seen him within a fortnight?

Barber. No.

Q. So you are acquainted with Fox.

Barber. Yes.

Q. Did you go to see him in Newgate?

Barber. Yes.

Q. This is a very pretty thing, for you to go and see smugglers in Newgate. Do you know Jefferies?

Barber. Yes, I know him.

Q. Do you know Custins ?

Barber. Yes, I saw him there.

Q. Do you know Watling.

Barber. I do not know him.

Q. Do you know Cunningham ?

Barber. I do not.

Q. How often have you seen these people in Newgate?

Barber. I have seen them twice.

Q. Was you subpoena'd as a witness?

Barber. Yes.

Q. Who subpoened you?

Barber. Mr. Kelly.

Benjamin Branson called in behalf of the Crown.

Counsel for the Crown. Do you know Leader?

Branson. I have known him seven years.

Q. What is his character in point of honesty?

Branson. I never knew any harm of him than only being intangled with the smugglers.

Q. Where did he live?

Branson. At Benacre , within two miles of me; he was intrusted with things among the smugglers , and he was honest in that.

Q. Had he a bad character in other things?

Branson . It was reported, that he was guilty of a bad action once, but I don't know that.

Pris. Coun. Do you know any thing of his thieving?

Branson. There was something said of his taking some eggs out of a nest, but I never knew any such thing of him in my life.

Q. Did you ever hear any body give him a bad character?

Branson. No, only the smugglers, to screen themselves.

Q. Do you think he is a person that is to be believed upon his oath?

Branson, Yes, I believe he is.

James Welch , for the Crown.

Counsel for the Crown. Do you know John Leader ?

Welch. Yes, I have known him twenty-four years.

Q. Where was his residence?

Welch. At Benacre .

Q. What was his character?

Welch. I never heard any thing bad of him till these things came out about smuggling.

Q. Did you ever hear any complaint against him till he turned against the smugglers?

Welch. I never heard any thing against him before this, except the story of the eggs; to be sure he was but meanly brought up.

Q. Do you think he is to be believed upon his oath?

Welch. I cannot tell.

Q. Do you think he would swear falsely?

Welch. No, I don't think he would.

Pris. Counsel. Did you ever hear the custom-house officers give him a bad character?

Welch. They are not to speak against the King's witness.

Q. Do any of the King's officers give him a bad character besides the smugglers?

Welch. No, I never heard any of them in my life.

Q. What is his character among those that are not smugglers, if you was to ask them?

Welch. Who must I ask?

Counsel for the Crown. Are there not a great many smugglers at Bonacre ?

Welch. Yes, there are very few others; I believe I have seen 200 of them on the Beach at one time.

Guilty, Death .The Jury recommended the Prisoner to the Court for mercy .

292. + Samuel Custins , (commonly called or known by the name of Slip-gibbet) late of Yarmouth, in the county of Norfolk , sail-maker , was indicted, for that he, together with James Watling , (commonly called or known by the name of Tom-Titt) and divers other malefactors, disturbers of the peace of our sovereign lord the King (to wit) to the number of fifty persons, (whose names are unknown) after the 24th of July, in the 19th year of his Majesty's reign (to wit) on the 29th day of September, 1747 , and in the 21st year of his Majesty's reign, at Benacre in the county of Suffolk , did with fire arms, and other offensive weapons, riotously, unlawfully, and feloniously assemble themselves together, in order to be aiding and assisting in 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. - There being no evidence produced against the Prisoner, he was acquitted , but was detained, being charged with a debt due to the crown.

293. William Gray was indicted, for riotously, unlawfully, and feloniously assembling, together with divers others, (to wit) to the number of eight persons, since the 24th day of June, 1736 . (to wit) on the 27th day of December, in the 17th year of his present Majesty's reign, at Kingston, in the county of Surry , being armed with blunderbusses, pistols, guns, sticks, and clubs, in order to be aiding in the clandestine carrying away certain uncustomed goods, (that is to say) a certain large quantity of tea, (to wit) about 1200 pounds weight of tea, (then lately imported from parts beyond the seas into this kingdom, by way of merchandize) for which certain duties to his said Majesty were then due and payable , against the statute. - To this indictment the prisoner on his arraignment pleaded, Not Guilty, but afterwards withdrew his plea of Not Guilty, and pleaded Guilty to the indictment.

[Transportation. See summary.]

294. + James Wood was indicted for the murder of John White , on the 16th day of May , 1748. at the hamlet of Pinner in the parish of Harrow , by striking him with a certain horsewhip, of the value of 4 d. on the right side of the head, near the ear, and thereby giving him one mortal wound of the breadth of half an inch, and the depth of half an inch, of which he languished from the said 16th day of the said month to the 17th day of the said month, and then died .

He was a second time indicted on the Coroner's inquest, for manslaughter.

Francis Humphrys , a boy of thirteen years of age being called, was asked the nature of an oath, and giving a satisfactory answer, was sworn.

Q. Give an account what happened to White and you?

Humphrys . White and I were fishing in a pond of Sir John Rushout 's.

Q. Is not this pond upon the common?

Humphrys. Yes.

Prosecutor's Counsel. Don't they water horses there?

Humphrys. Yes .

Q. Were you fishing with an angle or a net?

Humphrys . An angle, a bit of stick and a little line to it.

Q. What is this Wood?

Humphrys. He is Sir John Rushout 's steward; there were two loose horses, and he bid us stop them, and we helped him to stop them, and he said we should not fish there, if we did, he would take out lines from us; and then we went away, and I went to a blacksmith's to fetch a horse that was sent to be shod, and saw this John Wood drinking at an Alehouse door with another man; and the other man said, you must not fish any more there, for I am to look after the pond; and the boy that was killed, said, we will fish there for all you, for you can't hinder us; and then we went home to our master's

Q. Who is your master?

Humphrys . One Daniel Tretter , we both lived with him, and we went out for a pannier of pidgeons, and as we were going along, we met this James Wood .

Q. Where did you meet him?

Humphrys . On the highway in the road, and the boy that is dead said, we must run, for he will lick us; and I said, we won't run, for he will not meddle with us; Wood stopped his horse, and asked what White run for? and I said, I did not know, and White said, as he was running away, I will fish there for all you, for you can't hinder me.

Q. What did Wood say then?

Humphrys . Wood said he would hinder him, and he got off his horse and run after him, and struck him with the great end of his whip, and knocked him into the ditch.

Q. Did he give him any more blows?

Humphrys. I did not see him give him any more than one; he asked what White's name was, and where he lived?

Q. What words passed between you and the deceased after he received the blow on the ear?

Humphrys . He said, ah! Frank , I shall die, for he has killed me; and I pulled him out of the ditch , and he could not stand to go home.

Q. How was h e carried home?

Humphrys. Not without two leading him.

Q. Did you see any blood upon him?

Humphrys. Yes .

Q. Where?

Humphrys. By the ear.

Q. How much blood was there?

Humphrys. It did not bleed vastly, it had done bleeding before we went home.

Q. Did you see in what condition he was when he went home to his master's?

Humphrys. He said he should die, and he was carried to his father's.

Q. What time did he got to his master's?

Humphrys. About seven o'clock.

Q. What time did he get to his father's?

Humphrys. About half an hour afterwards.

Q. What time did he die?

Humphrys . Not till about nine o'clock the next morning.

Q. Did Wood run away after he had knocked him down?

0Humphrys . Yes, as soon as he saw the man was coming.

Q. What man? what is his name?

Humphrys. Thomas Morgan .

The Cross-Examination.

Prisoner's Counsel. You said you and White were fishing there, was any body else with you?

Humphrys. There was one Thomas Randall , but when we went home to our master's , he left us.

Q. How long was it before you went again?

Humphrys. About a quarter of an hour.

Q. Who was the boy that said we will fish here, and you shall not hinder us?

Humphrys. John White .

Q. How far was you off the pond then?

Humphrys . Half a mile.

Q. Was it the way to the pond?

Humphrys . Yes.

Q. Did you know this Mr. Wood before?

Humphrys. I knew him by sight.

Q. You say you saw but one blow given?

Humphrys. No.

Q. Did not he come up to you, and give you a stroke too?

Humphrys. Yes, he gave me one blow.

Q. What did he say it was for?

Humphrys. He asked me to shew him the house where White's father lived; and I said I was going to shew him the house.

Q. Did he tell you what he wanted to know White's father's house for?

Humphrys . Because then he could have a warrant for him.

Pris. Coun . What end of the whip did he strike you with?

Humphrys . With the small end.

Pris. Coun. How far was you off , when the blow was given;

Humphrys . About five poles off.

George Shaw (a boy of eleven years of age) sworn .

Pros. Coun. What do you know of this affair ?

Shaw. I happened to be at play with one of these boys.

Q. Was you near White when he was killed ?

Shaw. Yes, I was very near him. The deceased was going up the bank, and the Prisoner struck at him three or four times, before he hit him.

Q. And the fifth he hit him?

Shaw . Yes.

Q. What did the boy say?

Shaw. He cried out murder.

Q. Did any blood spring out?

Shaw . Yes.

Q. What end of the whip did he strike him with?

Shaw. With the large end of the whip.

Q. What did you do then?

Shaw. Wood run away, and then I and another boy helped to lead the deceased to a farm-house , and then he spewed blood.

The Cross Examination.

Pris. Coun. You say he struck four times at him?

Shaw. Yes, and then he slipped into the ditch; then he struck the other boy.

Q. What was that for?

Shaw . Because he would not tell him the deceased's name.

Q. Did you see any more than one blow that hit him?

Shaw. No.

Q. Do you remember, whether, before the Coroner, you said he gave him but one blow.

Shaw. I don't remember, but he gave him but one blow.

Randolph White . I am father of the deceased.

Pros. Coun. What time was he brought home?

White. About nine o'clock at night.

Q. What time did he die?

White . About twelve, as near as I can tell, for I have no clock in the house. My son said, the Prisoner had forgiven him for fishing; and said I, did you catch ever a fish? and he said, no, father, I catched never a one.

Q. Where does this pond lie?

White. It lies for three or four neighbours to come and water at .

Q. And is there any fish in it?

White. Sometimes there may be fish in it.

Q. Is it a common pond to water in?

White. Yes.

Q. Did he bleed much?

White. Very little.

Pris. Coun. Does not this belong to Sir John Rushout?

White. Yes.

Samuel Parr sworn .

Pros. Coun. What are you?

Parr. I am a surgeon.

Q. Where do you live?

Parr. At Harrow. I was sent for to go to Pinner, but I could not go that night, and I sent word I would come the next morning, and the next morning the boy was dead; I waited upon the Coroner and the Jury, and examined the body, and there was a confusion just by the ear , and another near that; upon scalping, I could not find any other wound, but there was a vast quantity of extravasated blood between the skull and the dura mater .

Q. Do you think that wound was the occasion of his death?

Parr . Yes, indeed I do.

Q. Do you think it was a bruising weapon, or a sharp weapon, that it was done with?

Parr. It was a bruising weapon, else it would have cut .

The Jury acquitted him of the murder, and found him guilty of manslaughter .

[Branding. See summary.]

295. + Arabella Stevens , of St. Martins in the Fields , was indicted for stealing a watch, value 3 l. 3 s. the property of George Lickley , privately from his person , April 12 .

George Lickley . Last Easter Monday I was at a benefit club, at the Cock and Horn in Leadenhall-street, and staid very late; then I went to the Queen's Arms, in Catherine-street, in the Strand .

Q. What sort of a house is it?

Lickley. It is a bawdy-house.

Q. Was there any body else with you?

Lickley. Yes, one man more, an acquaintance of mine, a taylor.

Q. What countryman are you ?

Lickley . I am a German .

Q. What did you drink?

Lickley . Two or three pints of beer, and some drams; and three women came in, and pushed him, and pushed off his hat and wig ; and one of them desired me to go up stairs with her.

Q. And did you go up stairs with her?

Lickley . Yes, I did go up with her, and staid for about an hour or two.

Q. What was it a bedchamber that you went into?

Lickley . Yes, my Lord.

Q. Did you go to bed ?

Lickley . Yes, my Lord.

Q. What you and the Prisoner at the bar ?

Lickley . Yes, my Lord.

Q. How long did you lie there?

Lickley . About two hours; and when I came down stairs , there were four staymakers came in.

Q. How do you know that?

Lickley . Because they told me so.

Q. Was it day light when you got up?

Lickley . I believe it was about four o'clock, and then I went to drink with them, and the day light began to come in; I looked upon my watch , to see whether it was time to go home, and it was about twenty minutes after five ; and then the Prisoner got hold of me, and led me to another box, and said she would give me a quartern of rum , which she did, and she took my watch from me.

Q. Did you see her take it?

Lickley . I cannot say I saw her; and she would have had me have gone to another house with her .

Q. Why do you say she took it, when you did not see her take it?

Lickley . Because I was in no other company; we went out of the house together; when I was got about ten doors down the street, she turned back again ; then she was got about three doors; I went back again, and followed her into the house, and she asked me if I had no money; I said, I would pawn my watch for a pint of beer; she said I had no watch; I said I had; but when I felt for it, it was gone. The landlord began to push me out of doors, and I said, keep your hands off me, or I will shew you something else.

Q. Did you get your watch again?

Lickley. No.

William Hull . I went into that house about five o'clock in the morning, or a little after five, for a pot of beer, with those staymakers. I am one of the four.

Q. What do you know of this affair ?

Hull. I saw he had a watch , and he pulled the watch out, and asked her to lend him some money, that he might join with her, but I did not see her give him any.

Q. Was any other person, besides the Prisoner, in the room with him?

Hull . Not in his company.

Acquitted .

296. Sarah Widdall , of St. Paul Shadwell , was indicted for stealing a mother of pearl snuff-box, with a silver rim, and a silver hinge, value 10 s. a gold ring, value 10 s. and a pair of gold ear wires, value 4 s. the property of Ann Fowler , May 2 .

Ann Fowler . I lost a mother of pearl snuff-box, with a siver rim and hinges, a gold ring, and a pair of gold ear wires , out of my shew-glass.

Q. What business are you?

Fowler. I am a silversmith .

Q. Did the Prisoner live in your house?

Fowler. She did not live in the house, but she used to open and shut shop . She went from my house the latter end of February, and never returned again; she left the shew-glass open, and the key in it.

Q. When did you miss the snuff-box?

Fowler. In a quarter of an hour; I did not miss the other things then. My daughter met her a little after the last Sessions , and got her to my house. I cannot say that she took them; I only mentioned the box to her, and she absolutely denied it, and I let her go, and left it to God and her own conscience. I saw her afterwards at her master's, and there she acknowledged , that she took the snuff box off the ground, but did not take it out of the shew-glass.

Q. Did she give it you again?

Fowler. I have it, my Lord.

Q. You said she denied it.

Fowler. She denied it, when she was at my house, but she could not do it at her master's, because there were so many people that knew of her having it.

Q. Have you the ring?

Fowler . Yes; she sold it that very day to buy her a bever hat.

Q. What did she say as to the ear wires?

Fowler . I did not take any notice of them till she was committed, and then I took them out of her ears . I do not want to aggravate the crime, for she is but a young woman.

Mary Wilkinson . I saw her have the things; I asked her how she came by them, she said she came honestly by them; she said a young man gave her the snuff-box, that the ring was left her by her mother, and that she bought the ear wires for half a crown.

William Hagley . I am the headborough that carried her before Justice Berry, and she confessed the fact; her confession was taken in writing, read over to her, and I saw her sign it.

Q. Did she admit the examination, when it was read to her, to be true.

Hagley . Yes.

[The confession was read , viz.]

'' Sarah Widdall saith, that about six weeks '' ago she stole, out of the house of Ann Fowler , '' a mother of pearl snuff-box, mounted with silver, '' a gold ring, a pair of ear wires , and a '' pair of studs .

'' Taken before Walter Berry , Esq ; the '' third of May, 1748.''

George Judge . I live with Mr. Timbrel , a goldsmith at Execution-Dock. The Prisoner brought this ring to my master's shop, he weighed it, and gave her fifteen shillings for it.

Q. (to Mrs. Fowler.) Where had you that ring?

Fowler . I had it of the goldsmith; the Prisoner promised to pay for it, but she has not.

Judge. My master knowing Mrs. Fowler, let her have the ring again.

Eliz. Morgan. I have known the Prisoner from a child, and never heard any thing ill of her.

Eliz. Parker. I have known her from a year old, and never heard any ill of her.

Eliz. Swan. I have known her from her cradle. I knew all the family, and the whole generation of them, and none of them were ever tainted with any thing.

Mary Scot . I have known her seven years, and I never heard of any crime that ever she did.

Susanna Wright . I have known her eight or nine years , and she has a very good character.

James Upton . The Prisoner lived with me three quarters of a year, and behaved very well, and had a good character .

John Wilkinson . The Prisoner lived with me about three months, and behaved very well.

Q. If she behaved very well, you are willing to take her again ?

Wilkinson. I don't know but I may.

Guilty, 10 d .

[Whipping. See summary.]

297. Mary Hartley , was indicted for stealing a pair of lawn sleeves, value 2 s. a lawn handkerchief, value 3 s. a Holland cap, value 6 d. and a cambrick stock, value 6 d. the property of William Saunders , April 30 .

Guilty, 10 d .

[Whipping. See summary.]

298. Elizabeth Maccarady , otherwise Maccavey , was indicted for stealing a pair of stockings, value 3 s. and a damask napkin, value 2 s. the property of Richard Woolfall , May 1 .

Guilty, 10 d .

[Whipping. See summary.]

299, 300. William Audry , and Mary Audry his wife , were indicted for stealing a pair of sheets, value 6 s. a blanket, value 1 s. and a trevet, value 1 s. the property of William Procter , in their lodging , May 10 .

Acquitted .

301. Anthony Ryan , was indicted for stealing a tortoise-shell handled razor, value 2 s. 6 d. the property of Leonard Hammond , Esq; a horn handled razor, value 1 s. the property of Joseph Moore , and a pair of scissors, value 18 d. the property of Edward Hulse , Esq; April 14 .

Guilty of stealing the tortoise-shell handled razor, to the value of 10 d .

302. John Lloyd , was indicted for stealing seven plates, value 3 s. a dish, value 2 s. and a hat, value 2 d. the property of Stephen Reynon , May 7 .

Guilty .

[Transportation. See summary.]

303. Isaac Read , of St. George Bloomsbury , was indicted for stealing a she-ass, of the price of 8 l. the property of Cornelius Davis , May 9 .

Cornelius Davis . A little before last Christmas my servant found an ass of mine upon the Prisoner.

Q. Was it a she-ass ?

Davis. Yes.

Q. Where was she lost from?

Davis . She was upon Finchly-Common .

Pris. Coun . When did you lose this ass ?

Davis. About Christmas ; I missed her at that time.

Pris. Coun . Did not you lose her at Michaelmas ?

Davis. I missed her at Christmas.

Thomas Dimmock . Last Monday was three weeks I found an ass of my master's.

Q. Where did you find it?

Dimmock . In Bloomsbury-square, by my Lady Northampton's .

Q. Who was the ass with?

Dimmock. Mr. Read's servant, a lad was driving it.

Q. How do you know the lad was servant to this Read?

Dimmock. Because he told me so. I asked him how his master came by that ass ; he said his master had bought her about three weeks.

Q. Did he say of whom?

Dimmock . He said he bought her of the Lord of the manor ; and I took the ass along with me.

Q. So this boy was driving this ass among others.

Dimmock. No , it was by itself .

Q. So you took the ass away.

Dimmock. Yes, I had known the ass 7 years.

Q. Do you know this Read?

Dimmock. Yes, he lives in Tyburn-Road, he deals in asses .

Pris. Co. to Mr. Davis. Did you never hear how Mr. Read came by this ass?

Davis. I was told , that he bought her at Kilburn .

Pris. Co. Did you ever talk with Mr. Hayley about this ?

Davis. Yes .

Pris. Co. I ask you, whether Mr. Hayley did not tell you, that he sold the ass to the Prisoner?

Davis. I don't remember that he said so; but if it is a stray ass , must he sell it outright?

Pris. Coun . So instead of bringing an action, you would indict him for a felony: Did not Mr. Montgomery advise you to this prosecution?

Davis . I have no occasion to give any answer to that questi on .

Mr. Hayley. I live at Kilburn , I belong to the pound and to the farm, and I sold the ass to Mr. Read.

Pris. Co. Did you know Mr. Read?

Hayley. I have known him twenty years.

Pris. Co. How long had you the ass before you sold it to him?

Hayley. I had it from about last Michaelmas to the 22d or 23d of April last.

Pris. Co . How did you come by the ass?

Hayley . It strayed into my yard, and I pounded it.

Pris. Co. Did you ever tell Mr. Davis that you sold Mr. Read the ass?

Hayley. Yes , I have told him so.

Q. What did you sell the ass for?

Hayley. I sold it for 4 l. - I don't know the value of asses, for I never had an ass before.

It appearing that the ass was bought, it made it a case of a civil nature, and the Prisoner was honourably acquitted .

Court to Davis. How came you to carry this prosecution on in this manner ?

Davis. Because my servant found the ass in the Prisoner's custody . I would have made it up in any way, but I was bound over to prosecute.

Court . You ought to ask the Prisoner pardon .

Davis. Very well, my lord; I am mistaken; I know he is as honest a man as any of the trade.

304. Martha Bland was indicted, for stealing an apron, value 2 s. the property of Anthony Kitchen . And

305. Mary Burt , for receiving the same, knowing it to be stolen , May the 22d .

Acquitted .

306. + Jane Thorn , otherwise Alice Hawkins , of St. Margaret's, Westminster , was indicted, for stealing a silver watch, value 40 s. the property of Edward Davis , in the dwelling-house of John Watson , May the 4th .

Edward Davis . On Wednesday the 4th of May , about one in the morning, I lost my watch at Mr. Watson's, a brandy-shop in Peter's-street, Soho. The Prisoner asked me to give her a dram; I told her I had no money, and she gave me one; I pulled out my watch to see what it was o'clock, and the Prisoner snatched it out of my hand and run away , and there were two persons who took it from her; I run after her, and found her in Compton-street.

[ The watch was produced, and the Prisoner said it was her watch .]

William Ward . I was informed that the Prisoner had lost his watch, and I went to a house in Compton-street, where I was told the Prisoner was , and she was lying upon the floor in the publick brandy-shop ; I took hold of her arms, and I found something that I thought felt like a watch , and a person put his hand between her breast and her arm-pit , and I saw the watch taken from the Prisoner.

Mr. West. I am a constable, the Prisoner said before the Justice that the Prosecutor was her husband, and abused the Justice very much.

Guilty 39 s .

[Transportation. See summary.]

307. George Albert , of Christ-Church, Middlesex , was indicted, for stealing three silk handkerchiefs, value 5 s. the property of David Paine , April the 29th .

David Paine . I live in Spittle-fields; about this day month I heard somebody knock at the door, and I saw a man bowing and scraping, and he said he was glad to see me , and hoped I was well, and as soon as I opened the door he shook me by the hand , and asked me if I did not know him? and this woman [Eliz. Joblin] told me in French that the man who was talking to me had robbed me, and he said, there's nothing in it, Sir, there's nothing in it; which made me believe he understood French; I asked her again, and she said, he had stole some handkerchiefs , and had put them into his pocket; I said, what do you mean by coming to me in this manner? you are an impudent fellow, and I will know you now before I part from you, and I said I would search him, and when he found me positive , he took the handkerchiefs out of his pocket; these are the handkerchiefs; I believe he thought that the woman saw him take them , and so came in that manner to make her think he was acquainted with me.

Eliz. Joblin . I saw the Prisoner snatch the handkerchief off from the window , that hung up for sale, and I saw him knock at the door, and I saw Mr. Paine let him in, and I told him, the handkerchiefs were in his pocket, and I saw the Prisoner pull them out of his pocket.

Guilty .

[Transportation. See summary.]

308. Mary Holland was indicted, for stealing a sheet, value 5 s. a pewter dish, value 18 d. and a plate, value 3 d. the property of Thomas Barber , in her lodging , May the 2d .


309. John Rogers was indicted, for stealing a flock-bed, value 8 s. a bolster, value 2 s. a quilt, value 4 s. two pictures, value 2 s. and a stove, value 1 s. the property of Mary Bensley , April the 5th .

Acquitted .

310. Eliz. Philipson , of St. Botolph, without Aldgate , London, was indicted, for stealing nine yards of printed linen for handkerchiefs, value 20 s. the property of Holloway Brecknock , in his shop, May the 14th .

There was no evidence produced against the Prisoner, and she was Acquitted .

311. Mary Gould was indicted, for stealing 21 pounds weight of iron, value 2 s. the property of Bridger Farncomb .

Acquitted .

312. + Charles Farrel was indicted, for stealing a cloth coat, value 30 s. a pair of cloth breeches, value 6 s. a hat, value 6 s. a perriwig, value 8 s. and a pair of silver buckles, value 10 s. the property of Barnaby Murphy , in the dwelling-house of John Harrison , May the 26th .

Barnaby Murphy . I am a chairman , and live in St. James's; on the 25th or 26th of last May was twelvemonths I was arrested, and carried to the Marshalsea ; I lodged then in John Harrison 's house, and while I was absent, all these things were lost out of my room.

Q. How long was you in Goal?

Murphy . To the 13th of last March; the reason of my suspecting the Prisoner was, that a person came and told me, that he saw the Prisoner selling a coat and breeches , and the Prisoner had my breeches upon his back; and he said , one Honora Nugent brought the clothes to him, and that he sold the coat to one Burn , in Broad St. Giles's , for a Guinea ; I went to Burn's , and he said, he had bought such a coat , but had it not; and this Honora Nugent told me, that the buckles were at Hoare's gin-shop in broad St. Giles's, but as to the hat and wig, he knew nothing of them.

Margaret Murphy . My Husband was arrested, and carried to prison, and he gave me the key of the room to get in, and when I came home, the things were gone.

Acquitted .

313. Mary Ryder was indicted for stealing a dimitty petticoat, a flannel petticoat, a linen petticoat, a silk petticoat, a cotton gown, a cloth cloak, two pockets, and 3 l. 12 s. in money, the property of William Rump ; and a callico shirt, an apron, &c. the property of Eliz Cole , April the 3 d .

Guilty, 10 d .

[Transportation. See summary.]

314. Mary Freesman was indicted, for stealing a dimitty petticoat, two aprons, a silver watch, value 22 s. and ten gold beads, value 10 s. the property of Thomas Mitchell , April the 24th .

Guilty, 4 s. 6 d .

[Transportation. See summary.]

315. Daniel Blake was indicted, for wilful and corrupt * perjury, in personating one Edmund Elgar , and swearing to a debt of 40 l. 0 s. 6 d. due to the said Edmund Elgar , by one Joshua Travers , March the 2 d .

* It is enacted, by the 2d Geo. II. that besides the punishment already to be inflicted by the Law, it shall and may be lawful, for the Court or Judge before whom any person shall be convicted of wilful and corrupt perjury, or subornation of perjury, according to the laws now in being, to order such person to be sent to the house of correction within the same county, for a time not exceeding seven years, there to be kept to bard labour during all the said time; or otherwise to be transported to some of his Majesty's plantations beyond the seas, for a term not exceeding seven years, as the Court shall think most proper; and if any person ordered to be transported, pursuant to that act, shall escape or break prison, or return from transportation before the expiration of his term, be shall suffer death as a felon without benefit of clergy.

Joshua Travers sworn.

Q. What have you to alledge against the Prisoner at the bar?

Travers. My lord, the Prisoner swore a debt of 40 l. 6 d. against me, in the name of Edmund Elgar .

Anthony Hopper sworn.

Q. What are you?

Hopper. I am an officer under the clerk-setter .

Q. What officer?

Hopper. I am clerk to Mr. Thomas Sheppard , of Wood-street Compter.

Q. Do you know any thing of a Plaint being entered against Mr. Travers?

Hopper. Yes , I do, very well.

Q. Where is the Plaint?

Hopper. This is the Plaint.

Q. Is that the original Plaint.

Hopper. Yes, it is.

Q. There's a book that these things are entered in; where are the books?

Hopper. The books are not here.

[There was an affidavit upon stamps produced, of a Plaint entered in the name of Edmund Elgar .]

Hopper. We take an affidavit upon stamps as if it was a Court of Record, and as sufficient as our books.

Q. Who produces this?

Joseph Taylor . I do, I act for Mr. Sheppard, it was sworn before me.

Hopper. I filed up this affidavit in the name of Elgar.

Q. What have you to say against the Prisoner?

Hopper. The Prisoner came on the 2d of March, and said he wanted to enter an action, and gave me a little bit of paper, and in that paper was wrote, Edman Elger and Joshua Travers .

Q. Where did he live?

Hopper . He said, he lived on Saffron-Hill , and was a broker; I desired the Prisoner to sign his name to it, and I administred the oath to him.

Q. Did he sign it himself?

Hopper . Yes.

The Plaint was read, viz. Edman Elger, Plaintiff , and Joshua Travers , Defendant , Edman Elger maketh oath , that Joshua Travers is indebted to him 40 l. 0 s. 6 d. for victuals, drink, and lodging.

Hopper . The first time I saw the name, it was spelt Edmund Elgar .

John Cuthbertson sworn.

Q. What are you?

Cuthbertson . I am a Sergeant at Mace at Woodstreet Compter .

Q. Do you know any thing of this affair ?

Cutbbertson . Yes; on the 2d of March last, between the hours of three and four, this Daniel Blake , who represented Edmund Elgar , came to me, and asked me what it would cost to take out a Writ? I suppose, said I, you mean an Action; I do, says he, what will it cost? I said 4 s. 1 d. Said he, I paid but 2 s. before: I told him, that was on the account that there was no affidavit made at that time; it was after the act was expired, and before it was renewed.

Q. Did you know who he was?

Cuthbertson . Yes, I did, I have known him several years.

Q. Did you know him to be Daniel Blake ?

Cuthbertson . Yes: Well , said he, you shall go and take it out, and do it directly, and ordered the Defendant to be arrested immediately; he said, it was to be done in Bishopsgate street. I did not go to the person directly, but went to the office to Mr. Tyler for a stamp; he gave me a stamp, and I gave it to Mr. Hopper to fill up.

Q. Was that the stamp for the affidavit?

Cuthbert . Yes; it was wrote, Edman Elger, Plt. and Joshua Travers , Deft. (in short) and 40 l. 0 s. 6 d. in figures.

Q. Did you suspect the Prisoner then?

Cuthbertson . No; when he pulled out the little bit of paper with the two names on it, that was the discovery of it: when Mr. Hopper had wrote the two names on the affidavit, Mr. Hopper asked of what place and trade Edmund Elgar was? and he said, my name is Edmund Elgar , of Saffron-hill, broker ; which confused me, for I never saw such a thing before: I then went out of the office, and when I came back the affidavit was filled up, and I saw him sign his name to it, and swear to it, and I got him taken into custody upon it; then we came out of the office together, and he asked me to go along with him and do it; I said , I could not just then go along with him, and he gave me the precept into my hand to arrest the Defendant, and desired I would do it immediately; I told him I could not go then, but if he would stay a little, I would go along with him: he said he would go to the sign of the Dolphin in Honey-Lane Market, and get a pint of beer, and wait for me till I came ; as soon as he was gone, I went back to the office, and told the gentlemen in the office, that I knew him to be one Daniel Blake .

Q. Was Mr. Tyler there?

Cuthbertson . Yes; I consulted with them, and told them, I thought it would be proper to take him into custody. Then I went to Mr. Davis at Ludgate , to get Mr. Travers to come, for I knew they were acquainted, and we went and got a copy of the affidavit .

Q. Did you see Mr. Travers?

Cuthbertson . Yes, but not till about six o'clock that evening. Mr. Davis sent to us to meet him at the Half-Moon tavern in Cheapside , and we went with the Prisoner to Sir Henry Marhall 's and he ordered us to take him into custody : he was not taken into custody till Mr. Travers came , but he did not stay at the Dolphin till I came back, for he went to the King's-Head in Wood-street, and enquired for me; and I said to Mr. Travers, in order to come at the thing, and to hear what the Prisoner would say, to Mr. Travers , you never will own your debts, and I told him , I would take him to his Plaintiff; so I took him to the Prisoner, and Mr. Travers said, he did not owe him any thing, and he did not know him; and the Prisoner said, does not he? d - n him, I will make him sensible of it before I leave him; at the same time he took as much care as he could to conceal his face.

Q. What did he say before Sir Henry Marshall ?

Cuthbertson . He said no more than this, that he did not know he had done any hurt.

Q. Did the Defendant bail the action?

Cuthbertson . The Defendant did bail the action, and it was nonsuited by Mr. Graves the attorney.

Q. Did he say any thing else?

Cuthbertson . He told Sir Henry, he did not kiss the book.

Q. to Hopper . Did you swear him in the usual manner?

Hopper. Yes, I gave him the book into his right hand .

Q. Do you believe he kissed the book?

Hopper . I believe he did; I bid him do it, but I cannot swear whether he did or no.

Q. If you had thought he had not kissed the book, would not you have made him do it?

Hopper. I would have scratched his name out, if he had not.

Prisoner. Ask Mr. Cuthbertson, whether I did not tell him that it was for another man ?

Cuthbertson. He did not tell me who was the Plaintiff or the Defendant, I have known him a great many years.

Pris. Did not you arrest Mr. Travers?

Cuthbertson. He gave bail to the action that afternoon, but I did not care to serve it.

Pris. Did you tell Mr. Travers this as you came along?

Cuthbertson. Yes, I told him there was an action entered against him, and by whom.

Q. What, that it was Blake that had sworn to it, and taken it out in the name of Elgar ? How came you to take bail for such an action?

Cuthbertson . It was by direction.

Prisoner. Did not I ask you several times, whether it was not a wrong thing to do so?

Cuthbertson. You never said any such thing; you never told me who was Plaintiff or Defendant; and I never saw the paper before it was laid down before Mr. Hopper .

Joshua Travers sworn.

Q. Did Mr. Cuthbertson , the officer, come to you about an action?

Travers. I was sent for, and I saw Mr. Weaver, and he did arrest me for 40 l. and 6 d. in the Half-Moon Passage.

Q. What is Mr. Weaver?

Travers. He is a serjeant at mace.

Cuthbertson. He is my partner.

Travers. Mr. Cuthbertson said he believed it was a vile action, and that he believed he could find the person; and Mr. Weaver, Mr. Cuthbertson, and the marshal's man and I, went to the Dolphin in Honey-Lane Market, and Blake was gone, but we found him at the King's Head in Wood street.

Q. Did any discourse pass there?

Travers. It was between dusk and light, and we had a candle brought , and Mr. Weaver said, there is your man . I looked at the Prisoner, and I said, I never saw you before in my life, how came you to have an action of 40 l. against me? and the Prisoner said, that is to myself, whether I knew you or not.

Q. Do you know this Elgar?

Travers. Yes.

Q. Is he a broker on Saffron-hill?

Travers. He was; he is a sheep-driver by business.

Q. Did you owe that Edmund Elgar any thing?

Travers. I never owed him any thing in my life .

Q. Was you indebted, at this time, to Edmund Elgar, or the Prisoner, either to one or the other?

Travers. No, not to my knowledge.

Q. Had you ever any victuals , or drink, or lodging , found you by this Edmund Elgar ?

Travers. No, my Lord.

Prisoner. Ask him whether his wife and children did not live with Elgar?

Travers. My Lord, for a year and an half I was robbed of my wife, and this Elgar and my wife wanted to rob me of all I had.

Q. Was it by your consent that she went there?

Travers. No, my Lord; they found a way to lock me up eleven months in Ludgate, and robbed me of all I had; Esquire Davis knows the whole affair, and I have a note of 50 l. from Elgar to Mrs. Travers.

Q. Where is your wife now?

Travers. My wife has been dead three or four months, and the two children were sent home to me. She sent for me about an hour and an half before she died, and delivered some old things to me, and there was a note of Elgar's hand, payable to my wife, for 50 l.

Prisoner. This Elgar was, at this time, under arrest by Travers.

Travers. No, my Lord, it was not so, there was one Nice arrested him upon his own account.

William Weaver sworn.

Q. What do you know of this?

Weaver . I know nothing of the entering the action; my partner told me, Blake has been here, and has sworn himself to be Elgar, for I know Elgar very well; so we went to Mr. Davis, for I believe he was a Prisoner with Mr. Davis then. I believe Elgar has ruined the man.

Travers. I am told that Mr. Blake is sometimes crazy, and half mad, and I heartily forgive him, and I hope the Court will be merciful to him.

Weaver. I know he was going to take seven pounds yesterday, in order to make the matter up, but my partner and I were determined to bring the affair to light.

Guilty .

There was another Indictment against him for forgery, but he was not tried upon that.

The Judgment of the Court was, that he stand in, and upon the pillory, in Cheapside, for the space of one hour , and be transported for seven years .

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

Received Sentence of Death , 3.

George Cock 262, 263

Benjamin Thomas 285

James Watling 291

Transportation for 7 Years, 21.

George Abert 307

Mary Bedell 272

John Brown 275

Catharine Dicker 277

Mary Freesnan 314

William Gray 293

John Jones 266

Mary Kelly 289

John Lloyd 302

Richard Lowther 287

Robert Miller 279

Daniel Blake 315

Catharine Brooks 276

Frances Munday 283

Elizabeth Palmer 278

Henry Rooke 282

Mary Ryder 313

Martha Ryson 268

Jane Sims 284

Jane Thorn 306

Thomas Welch 274

Branded in the Hand, 3.

John Marsden 288

Ann Perry 281

James Wood 294

Whipped, 11.

Mary Adlam 280

Edward Clowden 270

Ann Dennis 269

Eleanor Dillow 267

Mary Hartley 297

John Kearney 264

Isabella Maccarady 298

Mary Porter 290

Anthony Ryan 301

Jane Sherman 265

Sarah Widdall 296

John Kearney , who was convicted of stealing some copper plates from the ruins of the late fire in Cornhill, was ordered to be whipped from the Mansion-house to the end of Cornhill, and back again.