Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 21 December 2014), September 1748 (17480907).

Old Bailey Proceedings, 7th September 1748.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On WEDNESDAY the 7th, THURSDAY the 8th, FRIDAY the 9th, and SATURDAY the 10th of September.

In the 22d Year of His MAJESTY's Reign.

BEING THE Seventh SESSIONS in the MAYORALTY of the

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

NUMBER VII.

LONDON:

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

[Price Sixpence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable Sir ROBERT LADBROKE , Knt. Lord-Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES, JOHN STRACEY , Esq; Recorder, and others of his Majesty's Justices of Oyer and Terminer for the City of London , and Justices of Gaol Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

Thomas Hitchcock .

Thomas Newman .

Aaron Kemp .

Samuel Sallis .

William Corp .

Benjamin Gregory .

William Underwood .

William Stagg .

John Simpson .

Robert Higgs .

John Carter .

William Simpton .

Middlesex Jury.

Richard Bullock .

John Cullis .

John Crundon .

John Simmons .

Thomas Pitman .

Benjamin Crumpton .

Richard Turner .

Henry Scott .

John Hawker .

Edward Wright .

Daniel Pope .

Joseph Mould .

381 + Thomas Chestney , of St. Dunstan's Stepney , was indicted for stealing a brown mare, of the price of 3 l. the property of Henry Coxhead , Esq ; July 2 .

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

John Potter . On the 24th of June I came up to town with my master Mr. Coxhead, and left a mare and a gelding at the globe at Mile end; and on the 2d of July Mr. Coxhead had word sent him out of the country that he had lost a mare out of his grounds at Thetford in Norfolk : I went to Mr. Smith's at the globe at Mile-end, and walk'd into the pasture-grounds, and saw the mare, and challeng'd her directly, and had her put into a stable, and left orders not to part with her; and left a note to indemnify Mr. Smith for detaining the mare

Q. What colour was it?

Potter . A dark brown mare.

Q. How long had Mr. Coxhead had the mare?

Potter . Several years.

Thomas Smith . I live at the globe at Mile-end; the Prisoner brought a mare to my house , (but I was not at home) and after he was taken up, when he was in the cage, he said he knew nothing of the matter.

Q. How, then, do you know that?

Smith. He own'd it himself, when he was taken.

Q. What sort of a mare was it?

Smith. It was a brown mare, about fourteen hands high; and he said I might work him, if I would.

Q. Did any body come afterwards, and claim this mare?

Smith . Yes; Mr. Coxhead's servant, Mr. Potter.

Q. When did the prisoner bring it to you?

Smith . On the 2d of July; and on the 3d of July Mr. Coxhead's servant came, and claim'd it. The prisoner brought a man to buy it, and then I charg'd a constable with him, and sent word to Mr. Potter: then the prisoner own'd he had the mare out of a park in Norfolk .

John Still . On the 30th of June last, between 8 and 9 at night, I went to put a horse into a pasture of Mr. Coxhead's at Thetford , where this mare was, and I saw the mare in the grounds; and the next day it was reported that the mare was stolen.

Prisoner. I had the mare upon an exchange at Stebbing , about 8 miles from Chelmsford , and I exchanged a grey poney, and gave a guinea and an half for the mare .

Q. Have you any body to prove this?

Prisoner . No; I was all alone, and was quite a stranger in the country. I had this poney but two days; I bought him at Rumford-fair .

Guilty, Death .[Mr. Potter produced a Letter which he received from Mr. Coxhead , petitioning the court, that if he was convicted, he might be recommended for mercy; he was also recommended by the Jury.]

382 + John Bew , otherwise Edwards , of St. John the Evangelist , was indicted for stealing a dimity gown, two shirts, a coat, a sustian frock, an apron, &c. to the value of 40 s. and upwards, the goods of George White , in his dwelling-house , July 30 .

John Bromley . I happened to be passing by my own door the 30th of July, about 5 in the evening, and saw the prisoner going by with a bundle: about 200 yards from Mr. White's house a young woman came running, and said the house was robbed, and cried out, Stop thief; and the prisoner threw down this bundle, and run. These things (which the prosecutor claimed) were wrapt up in this coat.

Q. Are you sure it is the coat?

Bromley . 'Tis like it.

Mr. White's Servant. About a quarter of an hour after five I had almost cleaned my house; I heard the street door clap; I opened the door, and saw a man running along with these things, and I went and called out, Thieves. The prisoner was stopt, and he said he knew nothing of the matter; but he was seen by Mr. Bromley to drop them.

Bright Wilmott . There was a person that cried out, Stop thief, and I took the prisoner.

Q. Had the prisoner any thing in his hand?

Wilmott . No; he was running as fast as he could, and cried out Stop thief, himself.

Q. So there was no-body before him.

Wilmott . No; he was the first man himself, and I was the second after him.

William Westway . I heard a cry of Stop thief, and saw the prisoner drop a bundle; but what was in it I can't tell, nor who took it up.

Prisoner. I have been at sea 14 or 15 years, and belong to the London privateer .

John Goddard . I have known the prisoner 3 years; he is a very honest man: I never heard any harm of him in my life.

Mary Bowen . I was with my barrow in Deans-yard Westminster, and the prisoner had a pennyworth of cherries of me, and he left the cherries, because, he said, he had a mind to run to see what was the matter.

Q. Had he any bundle?

Bowen. No.

Jane Gray . I have known the prisoner ever since before he was born, and he is a very honest man.

Guilty, 39 s.

[Transportation. See summary.]

383 Elizabeth Ward , of St. Mary Whitechapel , was indicted for stealing a gold ring value 30 s. a pair of silver buckles 30 s. a handkerchief value 2 s. and 6 s. in money , the property of John Harwood , June 22 .

John Harwood . I lost a pair of silver buckles, which cost me 36 s. a gold ring, six shillings, and a handkerchief.

Q. Where did you lose them?

Harwood. At Mary Sutton 's in Rag-fair , about the 19th of June.

Q. How did you lose them?

Harwood. I was asleep , and the prisoner took them.

Q. When was this?

Harwood. About 12 o'clock on a Sunday-night.

Q. What did you go there for?

Harwood . I was there by chance, and she was in the room when I went to bed.

Anne Lyon . I was up in the chamber about 12 o'clock at night, and saw the prisoner take a great plain ring, a pair of silver buckles, and a handkerchief, in Mrs. Sutton's house.

Q. Was the prosecutor with the prisoner?

Lyon . No; he was with another young woman.

Q. Was you in liquor?

Harwood. I was not very sober.

Acquitted .

384 Humphrey Chapman , and 385 John Chapman ,

of St. Leonard Shoreditch , were indicted for stealing a leaden dial-weight of 25 pounds , value 3 s. the property of Robert Nightingale , August 1 .

Robert Nightingale . I lost a leaden dial-weight, this is my weight, and found it at Mr. Clements's ; they sold it for 2 s. 1 d. John Chapman , the son, sold it, and the father stood at the door.

John Blackburn . I took the prisoners in Shoreditch, and John Chapman owned he had such a weight, and had sold it to Mr. Clements in Shoreditch for 2 s. 1 d. and they owing him a penny, Mr. Clements stopped the penny.

Humphrey Chapman . My son brought it to me.

John Chapman . I bought it of a woman in Long-alley for 6 d.

Acquitted .

386 + John Lancaster , of Christchurch Spittle-fields , was indicted for breaking and entering the dwelling-house of William Austin about the hour of 2 in the night, and stealing 19 yards of velvet , value 8 l. the property of John Powell , in the dwelling-house of William Austin , the 30th of August .

William Austin. On the 30th of August last, between 1 and 2 in the morning, I heard a noise, and it being moon-light, I went to sleep again, and slept about an hour and an half, and then I got up, and found my house was broke open, and the chamber-window up one pair of stairs open, and this knife lying by it, and a pane of glass was taken out.

Q. Are there shutters to this window?

Austin. No; and the next day there was 19 yards of velvet missing; there was more than 19 yards.

Q. Who does it belong to?

Austin. To my master John Powell .

Q. Did you know the prisoner?

Austin. He had worked for me some months, but having a very bad character, I discharged him.

Q. How do you know it was the prisoner that did this?

Austin . I know no-body, but him, could do it: it was done on the 30th of August in the morning, and I took him up the same day.

Thomas Relph . I work for Mr. Austin. I went away about 7 o'clock at night, and shut the window close, and there was about 20 yards of ashcolour'd velvet missing. The prisoner came on the 29th, and treated me with a pot of beer, and asked to see my work, and I shewed it him, and I put the velvet into my box when I came away, and the next morning he cut it off.

John Lewis . Last Monday was sevennight, about 1 o'clock in the morning, the prisoner called me up, and asked me if I would take a walk along with him; and we went to Mr. Austin's house in Vine-court Spittle Fields. He said he had given a man a pot of beer, but he could pay himself for it; so I agreed to go along with him.

Q. Did he tell you what he was to do?

Lewis. Yes; and he said he could not do without a ladder; but I lent him a hand, and helped him up, and he took a knife out of his pocket, and took out a pane of glass, and went in at the window. This is the knife.

Q. How long did he stay there?

Lewis. About 10 minutes, and brought a bundle to the window, and threw it into my hands.

Q. What was it?

Lewis. It was rolled up; I felt of it, and found it to be velvet, and then he jumped down, and we both went away to a young woman's house in Golden-lane and about 9 o'clock we carried it to the house of one Life Chitty, a Jew.

Q. Did you leave it there?

Lewis. Yes; he laid it upon the bed, and asked him 7 s. a yard for it; and the Jew told him he asked too much money for it; and a person came and took the velvet before the money was brought.

Q. Where does this Jew live?

Lewis. He lives in Gravel-lane in Houndsditch. A person came into a house there, and asked whether John Lancaster was there; and the woman of the house denied him, and the person that came said, this is the man I want, and seized John Lancaster .

Lawrence Doyle . I am a velvet-weaver, and work for Mr. Powell: I heard Mr. Powell was robbed, and his work cut out of the loom; and I thought it to be John Lancaster , and we heard that Lancaster was in Bishopsgate-street, and Lewis with him: and we went to Mr. Dorman and Mr. Pratt, and went to the King's-arms in Gravel-lane ('tis a very bad house) and I asked the landlady whether the prisoner's name was not John Lancaster; she said, it is not John Lancaster. And I said, if his name is not John Lancaster, he is the man I want; and I took him by the collar, but he would not go without a coach.

Lewis. The prisoner told me all was safe, and bid me not squeak .

Guilty , Death .

387 Sarah Jackwest was indicted for stealing a cambrick handkerchief value 2 s. two shifts value 5 s. and a shirt value 2 s. the property of Robert Ball . July 30 .

Guilty, 10 d.

[Whipping. See summary.]

388. Jazachex Corfoni was indicted for stealing 2 guineas , the property of Peter Taylor , August 31 .

Peter Taylor . Two fellows came into my shop, and stole 2 guineas.

Q. What made you suspect the prisoner?

Taylor . Because he and another man, who is now in prison for the murder of a man, came into my shop, and bought several things, and pretended they could speak no English; and I was forced to shew them in Portugal money what the things were worth.

Q. What did they buy?

Taylor. Sometimes silver buckles, and sometimes other things. They asked for something, and I shewed them 12 guineas, as the price of the goods, and they put their hands among them, and mixed them . They came again the next day, and my man charged them with it, and they said they belonged to the Tripoli ambassador; but when I went to the ambassador's house, they knew nothing of them: and I charged the man at the bar with stealing the 2 guineas, and he took me aside, and said he would give me the 2 guineas. I said I did what I did for the sake of Justice.

Prisoner . You say you produced 12 guineas, and that the prisoner and the other man mixed their hands among the money; but you cannot say the prisoner took it.

Taylor. This man was the nearest to me, and I believe he had the money; for the prisoner finger'd the money.

Q. Did the other touch it?

Taylor. I believe not.

Mr. Brugar. I am servant to Mr. Taylor. The prisoner was in the shop at the time Mr. Taylor said he pulled out 12 guineas, and another man was along with him. I don't know how many guineas there were.

Prisoner. I desire he may be asked whether I had not money upon the counter.

Brugar. He had money of his own upon the counter, but I did not think of that before.

Q. Are you sure whether it was Mr. Taylor's money, or not, that he finger'd?

Brugar. Upon my word I cannot be sure.

Acquitted .

389. Elizabeth Hudson , of St. Mary Whitechapel , was indicted for stealing 3 yards of laun, value 30 s. the property of Edward Oseland ; and a piece of linen-cloth, and 2 handkerchiefs, the property of John Barber .

Guilty, 10 d.

[Whipping. See summary.]

390 Alberto Porter , 391 Mary Porter , and 392 Mary Holland ,

were indicted for stealing 2 cloth coats, value 20 s. and a pocket-book value 6 d. the goods of William Baldwin , August 17 .

Alberto Porter and Mary Holland Acquitted , Mary Porter Guilty, 10 d.

[Whipping. See summary.]

393 John Mawden , otherwise Mowden , was indicted for stealing 100 weight of lead, value 10 s. fix'd to a building belonging to William Withers , Esq ; August 15 .

Acquitted .

394 Roger Durant was indicted for stealing 6 pounds weight of rice, value 1 s. the property of James Crockatt , Esq .

Guilty, 10 d.

[Whipping. See summary.]

395 Rice Fielder was indicted for stealing 2 pounds weight of hogs bristles, value 6 s. the property of Joseph Pickle , July 13 .

Joseph Pickle . The prisoner was my apprentice , and he run away from me, and I took him again. In July last I lost 4 pounds of hogs bristles; the prisoner owned the taking 1 pound three quarters, and 2 pounds and a quarter, and that it was a lewd woman of the town who had seduced him, and bid him rob his master.

Mr. Courtman . In July last the prisoner brought to me one pound and three quarters of hair, to sell .

Q. What did you give him for it?

Courtman . I gave him the full value, and more. I think it was 5 s. 3 d. and he said he would come again. On the Monday he came again, and I not being at home, my wife bid him come again. He came on the Tuesday, and brought some more; I asked him how he came by them; he said he made up brushes for himself: I told him, if he would bring any body to prove them to be his property, he should have the money for them; and on Wednesday he brought a woman, who said they were his property: I said, these are stolen, and I know them to be so; and then they both fell down on their knees, and he said he had stole them from his master, one Mr. Lyon, in Crooked-lane: but I found that it was not so, but that he stole them from Mr. Pickle.

William. When I took the prisoner, he told me they were his master Mr. Pickle's hairs, and that he took them out of his shop.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

396 William Newton was indicted for stealing 13 pounds of sugar, value 5 s. the goods of persons unknown .

Acquitted .

397 + Peter Dayley was indicted for stealing 2 pieces of Portugal gold coin, 36 s. each, one moidore, a half moidore, 8 guineas, 12 half guineas, and 7 s. 6 d. in money; the property of James Pearce ; in his dwelling-house , August 23 .

James Pearce . I am a victualler , and live in Great Marlborough-street . The prisoner is a cobler and shoemaker , and lodged in my house.

Q. Did you lose any money on the 23d of August?

Pearce . I lost two 36 s. pieces, a moidore, and a half moidore.

Q. Did you lose any guineas?

Pearce. I had a great many guineas, but I am certain to 8 guineas, and 12 or 14 half guineas, that I lost: my wife miss'd the money, and that night the prisoner was brought home in a chair, very drunk.

Pris. Counc. Did you see the prisoner offer your wife any money?

Pearce. I was busy, and did not see it.

Q. Did you think any thing of that being your money?

Pearce. I did not suspect it at that time; and my wife was persuaded to get more money from him, in order to keep it for him; but he was very obstinate , and would not part with any. My wife seeing him have so much money, said she was afraid the cobler had robb'd us; and I found I was robbed, and got a warrant to take him up on suspicion on the Tuesday, and carried him before a justice; and he was very rude and faucy to the justice; and on the Friday following he was ask'd how he came by the money, and he said, where's the letter the constable took from me when he took the money? And the constable said, he did not take any letter or paper from him. He was asked again how he came by the money. At first he said he had it sent him for the use of his sister, and afterwards he said, how do you know but I earn'd it? for I have got 6 s. a day in my stall. My wife said, the more rogue you, that you did not pay your way as you went. I never before saw him master of a guinea in my life; and he said before he would say any more, he would do thus [making a motion with his hand, as if he would be hang'd if he did] and his sister brought my wife half a guinea.

Pris. Coun. Where was it you kept this money?

Pearce. It was in a chest of drawers in the room where we lay, and the drawers were lock'd.

Q. Did you mark your money?

Pearce. No; I never mark any money.

Q. Did not the prisoner give a moidore to your wife, in order to keep it for him, after he had paid the rent?

Pearce. He did not know whether he had given it to her, or not; and he did not know it the next day.

Q. Does not he bear a good character in the neighbourhood?

Pearce. His neighbours will give him a good character.

Q. What is his character , to your knowledge ?

Pearce. He will stick to his work sometimes , and sometimes he will run out, and lie out o'nights.

Mrs. Pearce. The day I was robb'd, in the morning, I put two 36 s. pieces, and other money, into a purse; the whole was 20 l. and upwards.

Q. Was you there when the prisoner was brought home?

Pearce. Yes; and he had a great deal of gold and silver. I ask'd him for my money, and he put his hand in his pocket, and gave me a guinea; and I robb'd the guinea off, and said there was 14 s. 3 d. halfpenny remaining; and he put his hand in his pocket, and gave me a 27 s. piece, and afterwards he gave me a guinea more, for he had forgot that he had given me the moidore. I went up to look for the money, and the purse and all was gone. I said to my husband , I am afraid the cobler has robb'd us; because he had not a farthing in the morning, and was so flush of money then: he said, God forbid; and we went up, and it was gone.

Q. What did he say, with respect to how he came by the money?

Pearce. He said a staymaker brought his sister 12 l. out of Ireland.

Q. Did he say any more?

Pearce. He said he would hang before he did: and he said afterwards, how do you know but what I earn'd it? for he had got 6 s. a day in the place. And I said, the more shame for you, not to pay your debts.

Mr. Lyne (Constable .) Mrs. Pearce came to me, and begg'd I would go with her to take up the prisoner, which I did; and I search'd him, and found in his breeches a 36 s. piece , 1 guinea, 3 half guineas, and some silver. I examined his thighs, and felt a bunch; and I opened the knees of his breeches, and cut a hole, and took some money out which was sewed up; and I cut open another part of his breeches, and took money out of that. I ask'd him how he came by the money, and he bid me set down a person's name, and that person could tell me how he came by the money; but he said the man was a stranger, and just come out of Ireland, and he could not find him: and he said, the letter that I took from him would give an account how he came by the money, and that the money was sent to his sister ; but I did not take any letter from him. I asked him before the Justice , how much money was sent to his sister; and he said about 12 l. or 12 guineas. Said I, you have given an account of more than that already, with what you have paid; and he said he would say no more; if he did, he would come here [ making a motion, as if he would sooner be hang'd] and 3 or 4 days before he had not money to buy a pint of beer, and I gave him a pint of beer my self .

Peter Crawford . On the 23d of August the prisoner came to my house with a pair of pumps for my servant: I asked him what he was doing there; he said he was taking the pretty girl by the foot: I asked him what the price of them were; he said they were worth 5 s. I said they were not worth 9 d. and she paid him 3 s. 6 d. and he said it was very lucky, and swore that he had not a farthing in his pocket before, and hoped it would be good luck.

Isaac Chissell , Isaac Dove , Thomas Connell , Matthew Finglass , Mary Coleman , and Mary Ingoldsby , appeared to the prisoner's character : they said they had known him 3, 4, or 5 years, and never heard but he was a very honest man.

Acquitted .

398 John Roach , and 399 John Joffrane ,

were indicted for stealing five shirts, value 15 s. two shifts, value 4 s. eight silk handkerchiefs, two linnen handkerchiefs , and a pair of breeches , the property of William Flemming ; July 7 .

Flemming . I keep a publick house , the Bird-in-hand in King-street Westminster ; John Roach lodged in my house about five days before these things were lost, and , as he was carrying before a justice, he said, Landlord, I have used you grosly ill, in taking these things; and own'd the taking 8 handkerchiefs, and 3 shirts, and said he had sold them at Cock-hill.

This was confirm'd by John Trounson .

Joffrane Acquitted .

Roach Guilty, 10 d.

[Transportation. See summary.]

400 + John Swanney , of St. Sepulchre's , was indicted for stealing a silk handkerchief, value 2 s. the property of James Burrass , privately from his person , August 24 .

James Burrass . On the 24th of August last I lost my handkerchief out of my pocket, in Bartholomew-fair .

Q. Do you know who took it?

Burrass. John Swanney took it; because I saw him run down Chick-lane with it in his hand . I followed him, and I found him at an alehouse-door , and he call'd Mr. Fish, who was with me, an impudent dog. He at first denied that he took it, but afterwards owned it, and that he had sold the handkerchief; and offered me the money he had sold it for: he said he had sold it for 7 d. half-penny, and I might take the money, if I would.

Prisoner. Did you see me take the handkerchief out of your pocket ?

Burrass. There was no body by me but you, and you had the handkerchief in your hand.

James Fish . Mr. Burrass and I were at the fair, eating some curds and whey, and Swanney stood by me and the prosecutor; and Mr. Burrass put his hand in his pocket, and said he had lost his handkerchief. I said there was no body but the prisoner by.

Q. Did you see any handkerchiefs in his hand?

Fish . No: we went down Chick-lane, and he was at an alehouse-door. I asked him for the handkerchief , and he called me an impudent dog, and gave me a punch in the face, and set me a-bleeding. He owned he took the handkerchief, and had sold it for 7 d. halfpenny; but he did not say where; and offered the prosecutor the 7 d. halfpenny.

John Ives . I am a constable of St. Sepulchre's. I have been inform'd, by one who has serv'd the office of constable, that the prisoner is a very old offender; and I took hold of him, and secur'd him.

Guilty, 10 d.

[Transportation. See summary.]

401 + John Kates was indicted for stealing a handkerchief, value 18 d. the property of Benjamin Johnson , privately from his person , the 6th of August .

Ben. Johnson. On the 6th of August, between twelve and one, I was going under Newgate , (and as I had lost three handkerchiefs before, it made me the more cautious ) I thought I felt something bobbing against my pocket, and I saw the prisoner with my handkerchief in his hand, and saw him put it into his bosom; and I took it from him.

Guilty, 10 d.

[Transportation. See summary.]

402 Elizabeth Messenger , otherwise Ramsay , was indicted for stealing a silver snuff-box, twelve silver buttons for a coat, a pair of silver tea-tongs, a tea-strainer, two pair of hose, a mask, five yards of cambrick, five yards of printed linnen, three yards of callico, five yards of lace, a watch-chain , three pair of crystal buttons set in silver, a quarter of a yard of flowered silk, a guinea and an half, and 6 d. the property of Henry Clarke ; July 21 .

Henry Clarke . The prisoner was my Servant , she came to live with me in January last, and left my Service in April, I miss'd the guinea and half first, and afterwards the other things were missing and some were found in her trunk.

John Cooley Constable. I found those things in her trunk; a pair of damask shoes, this printed linnen, 5 yards of lace, and several other things , [these were proved by Mr. Clarke to be his property.]

Prisoner. As the Lord my God liveth I know nothing of them.

Guilty 10 d.

[Whipping. See summary.]

403 + Thomas Atkins , was indicted for assaulting Jacob Salvador on the King's high-way, in the parish of Islington , putting him in fear, and taking from him a silver watch value 5 l. a silver watchchain value 5 s. a seal, one guinea, two half guineas and two shillings, the property of the said Jacob Salvador , August 22d .

Jacob Salvador . On the 22d of August, about eleven o'clock in the morning, in a lane near Islington the prisoner robbed me.

Q. Where were you coming from?

Salvador. I was coming from Highgate to London , in Mr Decosta's chariot.

Q. Did you meet the prisoner?

Salvador. We did not meet him, but he came after us.

[The prisoner desired to plead, guilty and said he would not give the court any farther trouble, but was advised to the contrary.]

Q. to Mr. Salvador. What did he rob you of?

Salvador. A Silver watch, a chain, a seal and two guineas.

Q. Did he rob Mr. Decosta of any thing?

Salvador. Yes.

Q. How did he behave?

Salvador. He behaved civilly; he shewed us his pistols.

Q. Did you take him immediately?

Salvador. He was taken in about a quarter of an hour, or half an hour afterwards, going up Highgate Hill. I am informed that he came of very honest parents.

Moses Mendez Decosta . I was coming from Highgate in my father's chariot with Mr. Salvador, in order to come to London.

Q. What time of the day was it?

Decosta. It was about half an hour after ten when we set out; we were about a hundred yards in the Back Lane when he demanded our money, and we delivered it to him. His hand trembled exceedingly, and I believe it to be the very first fact.

Q. Do you believe it to be the first fact ?

Decosta . I have enquired about it, and I don't believe he was ever guilty of any such thing before; his father is a very honest Man, and the prisoner is but 19 years of age.

Guilty Death .The prisoner was recommended to the court for mercy by the prosecutor and the jury .

He was also indicted for assaulting Moses Mendez Decosta on the Highway, putting him in fear, and taking from him a gold watch value 20 l. a gold ring, a silk purse, a guinea and 4 s. his property , August 22d . but was not tried upon this indictment.

404, 405. Francis Otter and James Brown , were indicted for stealing six shirts and a cotton gown , the property of John Mandineau , August 15th .

John Mandineau . I lost six shirts.

Q. Where did you lose them from?

Mandineau. From my own house at Bethnal-Green , out of the Garden where they were drying

Q. What time were the prisoners taken?

Mandineau. The same day, and were carried before a Justice, and they denied the fact. I was with them before the Justice.

John Nutbrown . I was going along Bethnal-Green with my brother, on the 15th of August, between eleven and twelve, and we saw the two prisoners, one was on the top of a bank, and the other in a ditch; my brother said he believed they were rogues, and the man upon the bank had a bundle; and then he came down the bank and they made them into two bundles, and then they separated, one went over one field and the other over another.

Q. Do you know their names?

Nutbrown. One is James Brown , and the other is Francis Otter ; one was taken by one and the other by another . Otter drew a knife twice upon me, and I had nothing in my hand, and there was a man coming along, and they were taken and carried before Justice Norris.

Q. Who secured the linnen?

Nutbrown. We left the linnen behind, and I believe this little boy my brother took up the linnen.

Q. Who appeared before the Justice to accuse the prisoners?

Nutbrown. A person who is here, and lives upon Bethnal Green had the linnen.

Q. Whose was the linnen?

Nutbrown . It was John Mandineau's , and we went into his garden and he said he had lost the linnen .

M. - . I went to go after the prisoners, and one of them held up a stick, as much as to say, what he would do if we followed him, and I went into a public house just by to get more help ; and Otter got his basket off his head and pulled down the person that went with me.

Q. What is he?

Witness. A baker; they are both baker s, as I am informed ; Otter had a bundle tied up in a handkerchief, and the other had a bundle rolled, and when they found they were pursued they dropped the linnen and parted, one took one way, and the other another. And when we got to Hackney-town we took the prisoners.

Both Guilty .

[Transportation. See summary.]

406. Thomas Hoare , of St. Clements Danes , was indicted for stealing fifteen deal boards , the property of William Bosworth .

Acquitted .

407 Mary Beshar , otherwise Bezar , was indicted for stealing two cloth coats, value 20 s. the property of Walter Sisum , June 21 .

Acquitted .

408. Thomas Smith , was indicted for stealing a silver buckle , value 8 s. the property of William Turner , August 13th .

William Turner . I lost a silver buckle out of my shoe the 13th of August.

Q. Did it drop out?

Turner. No.

Q What time of the day was it?

Turner. It was about two in the morning.

Q. Where did you lose it?

Turner. In Wapping . I live in St. Catherine's.

Q. What did you do out at that time o'Night?

Turner. I had been drinking with a friend, and we sat down upon a settle and both of us fell asleep, and I catched this Thomas Smith taking one of my buckles out of my shoe; he would have given me a note of hand for the buckle, but he would not give me the buckle.

Q. Was the prisoner one of your companions ?

Turner. No.

Q. Did he actually take one?

Turner. I can't say that ; I could not find it upon him.

Q. Why did not you secure hi m?

Turner. I seized him directly, and charged a Watchman with him .

Q. Had he any opportunity of getting rid of it?

Turner. He had many an opportunity of throwing it away, or giving it away.

Robert Pratt . I had been in company with this young man, and we fell asleep and he lost one of his buckles, and he said there is a man a long side of me; said I, hold him fast, and the prisoner offer'd him a note of hand for the buckle, but he would not give him the buckle; he was carried to the watch-house but was not search'd 'till the next morning; and he might have an opportunity of throwing it away.

Prisoner. I was search'd that night directly , and nothing was found upon me.

Christopher Fell . I am a cooper, I have known the prisoner 15 years, and never heard he was charged with any such thing.

William Taylor . He was my apprentice, and serv'd me faithfully; but I know nothing of him since he has been out of his time, which is about seven or eight years.

Acquitted .

409, Margaret Bawkum , and 410. Elizabeth Bawkum . were indicted for stealing a feather-bed, value 17 s. and a periwig value 9 s. the property of Francis Mackcormick , February 2d .

Acquitted .

411. Ann Winfield , was indicted for stealing a cloth cloak, &c. the goods of Thomas Robinson , and two gowns, two shifts, a velvet hood, 2 aprons , a handkerchief, three pair of stockings, &c. the property of Mary Mason , July 19th .

Guilty 10 d.

[Transportation. See summary.]

412, + Edmund Thorpe and 413. + Charles Cluer ,

of St. Giles in the Fields , were indicted for stealing 4 s. 6 d. the property of William Skales , privately, from the person of his wife Catherine Skales .

August the 6th .

Cath. Skales. I keep a chandler's shop in Broad St. Giles ; the prisoners came to lodge at my house, and the first night they behaved very well; the next night they came in about eleven o'clock, and picked my pocket. I order'd a woman to go up stairs with them, to light them to bed, and they would not let her; and in a little time they got to my halfpence, and pick'd my pocket of 4 s. 6 d.

Q. Who picked your pocket ?

Skales. Charles Cluer put his hand into my pocket, and took out 4 s. 6 d.

Q. Was it all in half-pence?

Skales. No; there was a shilling, and a sixpence.

Q. Did you catch his hand in your pocket?

Skales. Yes.

Q. What did he say?

Skales. He said nothing, but the great fellow [Thorpe] that stands by the pen and ink, he used me very ill, and abused me.

Q. Did you get your money again?

Skales. No, and please you, my lord; and Thorpe said, he could live in a gaol better than I could out of it; and Cluer said he would not be search'd.

Charles Denn . I am a watchman; I know nothing of the robbery: the prisoners were brought to the watch-house, and charged with taking 4 s. 6 d. but they were not searched.

John Noake . I am a constable. I went down into Church lane the 7th of August, between one and two, and heard a cry of murder, and desired to be let in. They would not let me in for a good while, but at last they did let me in.

Q. Where is this Church-lane?

Noake. Near Broad St. Giles's; there are very disorderly people live there. The prisoners were carried to the watch-house.

Q. Were they search'd?

Noake. No; nor Mrs. Skales never desired they might be search'd; and they never refused it. If she had desir'd it, I would have search'd them.

Acquitted .

414. Samuel Thompson , and 415 Samuel Linton ,

of St. Matthew Bethnal-green , were indicted for stealing three shirts, value 11 s. the property of John Shuttlewood , gent .

August 3 .

John Shuttlewood . I lost three shirts out of my garden at Bethnal-green .

Q. Do you know the prisoners at the bar?

Shuttlewood . No; neither of them.

Q. What reason have you to accuse the prisoners ?

Shuttlewood . About three days afterwards there were several persons taken up, and put into Whitechapel watch-house; I sent my wife and maid to see whether they could hear any thing of the shirts, they being the best judges of the linnen; and they found them, and were both positive they were my shirts that were taken from Bethnal-green. And there was a boy, one Sheppard, who owned he took them off the line; and said they sold them, and that they divided the money between them.

Martifaa (the Constable). I had a search-warrant, and found about 140 handkerchiefs, and these 3 shirts.

Q. to Mrs. Shuttlewood. Are these shirts your husband's?

Sarah Shuttlewood . Yes; they were lost on the 3d of August, between 2 o'clock and 8, and I miss'd them at 8.

Q. Are you sure these are your husband's shirts?

Shuttlewood . Yes; I am sure of it.

Q. to Martisaa . Where did you find them?

Martisaa . I found them at one Cooper's, a barber, in Petticoat-lane; his wife takes in pawns; and I took Sheppard on the Tuesday : and Sheppard said he stole them, and gave them to Samuel Thompson ; and that Thompson gave them to Linton.

William Sheppard . And please you, my Lord, the 2 prisoners at the bar, and myself, were taking a walk round Bethnal-green one Friday evening.

Q. Can you recollect the day of the month?

Sheppard. I can't tell the day of the month.

Q. What was you going there for?

Sheppard. To take a walk ; and seeing these 3 shirts, I went into the yard, and took them off the line, and gave them to Samuel Thompson , and he gave them to Samuel Linton , and we all three went and sold them to William Rawlins in Stoney-lane in Petticoat-lane; and he stood at the yard-door ready to receive them.

Q. Was it dark, or light?

Sheppard . It was about 7 o'clock.

Q. Where is this Rawlins?

Sheppard . He is not taken.

Thompson, to Sheppard . Did you give the shirts to me?

Sheppard . Yes, I did.

Thompson. 'Tis as false as God is true.

Linton to Sheppard. Did you see Thompson deliver the shirts to me?

Sheppard . Yes, I did.

Mary Walpole . I have known Samuel Linton ever since he was in hanging-sleeve-coats.

Q. What is he?

Walpole. He is a plaisterer , and lives in Goodman's-yard in the Minories, and I never knew any ill of him in my life; he has as honest parents as any.

Q. Are you a relation of his?

Walpole. Yes; I am about a third cousin; he has been trusted with hundreds; he is a careful, honest, industrious youth.

Q. Do you know Sheppard?

Walpole. No.

Q. to Sheppard . How long have you been acquainted with these people?

Sheppard . A great while; but I never heard any harm of them before.

Both Guilty . [The Jury recommended Linton for corporal punishment.]

[Thompson: Transportation. See summary.]

[Linton: Branding. See summary.]

416 + William Taylor , of St. Giles's Cripplegate , was indicted (together with Isaac Bowyer , not taken) for stealing a silver quart tankard, value 9 l. 15 s. the property of William Elliot , in his dwelling-house , July 29 .

William Elliot . I live at the Punch-bowl in Halfmoon-alley in Little Moor-fields . On the 29th of July last I lost a silver tankard off the bar, which cost me 9 l. 15 s. it was 28 ounces and 5 pennyweights , but I can't say who took it. He at first denied it, and afterwards he said that his partner took the tankard.

Q. Did he say his partner took it?

Elliot . He said his partner took it, I can't think of his name, (who is not taken) took it off the bar, and that they melted it down.

Q. Did he say he was with the other person when he took it?

Elliot. Yes he did?

Q. What day of the week was this?

Elliot. It was on the Friday, and I advertis'd it on the Saturday, and on the Sunday the prisoner confessed it?

Q. How came you to take him up?

Elliot . We had a suspicion of him from his being there the night before; I had a very bad character of him, and that made me take notice of it to him.

Charles Brooks Const . I think on Sunday the 31st of July, I was going out of town, and Mr. Elliot said he believed he had the two fellows in his house who had stole his tankard; he told me their names, and one of them said he believed it was his Son, and why should I suffer for my son; he has got a new apron, and I said to the prisoner, Mr. Elliot says you have stole his tankard, and he rubbed his eyes, but would own nothing; at last Mr. Elliot desired I would take him up and carry him to the Counter, and when we got up to the top of Aldermanbury, he said if I would not carry him to the Counter he would tell me how it was, and we went to the Castle by Guildhall, and there he confessed that he, in company with James Bowyer , called for a pint of beer, and that this James Bowyer in company with him took the tankard off the bar; and that about half an hour afterwards they met at a house in Field-lane, and they went into a house in Goose-alley by the Ditch-side, and gave the woman of the house half a crown for the use of the room and melted it down, [This witness proved in what manner it was melted] and they said, when they came to take out a wooden bottom which was at the bottom of the tankard to keep it from bruising; there was engraved stop thief, and he said after they had melted it, they carried it to the house of one Walter Buckland in Long-lane; I got a warrant to get this plate from the house of Walter Buckland ; I went there and said I wanted a couple of silver bars that he bought of one Taylor; he said he had none, and afterwards he said he did not know whether he had or no; but he pulled out these two Bars, and there was a small bit of silver that the prisoner pulled out of his pocket, which he said was part of the tankard; about a pennyweight, which he said was cut off in order to try whether it was good silver or not.

Q. What is the value of these two bars?

Brooks . 5 l. 12 s. 6 d. they were weighed at a silver-smiths in Newgate-street.

Q. to Elliot. Was there any thing engraved at the bottom of your tankard?

Elliot . There was stop thief engraved on the bottom.

Charles Brooks . I know there was such an inscription on them, for I put the wooden bottoms to them all.

Guilty 39 s.

[Transportation. See summary.]

417. + Thomas Thompson , was indicted for stealing a brown mare of the price of 5 l. the property of William Palmer , July 26th .

William Palmer . The prisoner at the bar deserted from his regiment of Marine s lying in Chichester the 25th of July; he left his own clothes in his room and robbed nine men, and my mare was missing that night, and this marine came to London the night he deserted, and I came to London after him, and I thought I should find my mare in Smithfield-market to be sold; and there I found her in the possession of Barker, the hostler at the White Bear in Basinghall-street . He said he bought the mare of the prisoner; and he said he told the prisoner if he made a good market of the mare, he would give the prisoner two or three shillings more; the prisoner owned the fact in my Lord Mayor's Hall, and desir'd I would beg for transportation for him; and I have sworn it to be my mare, and it is my mare.

Edward Prince . I have nothing to say, but only that I put the mare into the Field at Chichester in Sussex , and the next day about three o'clock in the afternoon the mare was missing.

William Barker . I bought the mare of the prisoner at the bar.

Q. When was this?

Barker. The Wednesday-night following, the 27th of July, and he said he bought the mare in Yorkshire.

Q. Where did you buy it of him?

Barker. At the White Bear in Basinghall-street .

Q. What did you give for the mare?

Barker. I gave 25 s. for her.

William Palmer . He gave but 25 s. for the mare, bridle and saddle, and it was worth 5 l. 10 s. to me.

Q. to Barker. Did you toll her?

Barker. No; I carried her to Smithfield-market the next day, and she was so blind she could not come out of the stable.

Palmer. 'Tis not true.

Q. Did you take the bridle and saddle to market too?

Barker. Yes, but the mare was not sold.

Q. Is the mare delivered to Mr. Palmer ?

Barker. Yes.

Q. Is that the mare you bought of the prisoner?

Barker. Yes.

Prisoner. I bought the mare at a fair at Chichester, and gave three guineas for her.

Guilty Death .

418. Mary Winn , was indicted for stealing two silver spoons, value 16 s. the property of John Gyles , and two pair of breeches value 5 s. the property of John Jenkins .

Aug. 10 .

John Gyles . On the 10th of August I lost a couple of silver spoons.

Q. Do you know what became of them, or who had them?

Gyles. The prisoner worked for me in my house, and took two spoons, and she said she had sold them to two different persons.

Elizabeth Green. I am servant to Mr. Gyles , the prisoner was my fellow-servant .

Q. Do you know any thing of these two spoons?

Green. I know they were taken out of the house.

Q. had you any reason to suspect the prisoner?

Green. No more than any other person in the house.

Q. to Mr. Gyles. What time did she confess the taking them?

Gyles. I believe about the 20th of August, when I took her up.

Q. to Elizabeth Green. How came she to confess the taking the spoons ?

Green. It was upon a quarrel between us.

Joseph Churchman (Constable.) I found one of the spoons by the direction of the prisoner; the other was found before.

John Jenkins . The 10th of August I lost two pair of breeches; I found the cloth breeches by the direction of the prisoner at a pawnbroker's in Fore-street; and the leather breeches I found by her direction, in an alley that goes into Leadenhall market.

Q. Was the prisoner a yearly servant?

Jenkins. She work'd in the house by the week, but was not there on nights.

Eliz. Warner. On the 10th of August last the prisoner brought a pair of cloth breeches and a pair of leather breeches, and I lent her 6 s. upon them; she fetched away the cloth breeches and paid me two shillings, and left four shillings on the leather ones.

Guilty 10 d.

[Whipping. See summary.]

419. John Clarke of Hendon was indicted for stealing a piece of linnen cloth, value 1 s. the property of Matth.ew Clarke , and 80 pounds of butter, value 50 s. the property of Richard King .

Guilty .

[Transportation. See summary.]

420. Daniel Downey , of St. John, Wapping , was indicted for stealing a pair of silver buckles, value 20 s. a 3 l. 12 s. piece, and a 36 s. piece of gold, and a pair of pumps, value 3 s. the property of William Marley , in the dwelling house of Peter Simpson , July 22d .

William Marley . I lost three shillings at Peter Simpson 's house in Wapping .

Q. Did you lose any money?

Marley. Yes; I'll tell you the whole story.

Q. What reason have you to charge the prisoner at the bar with them?

Marley. We lodged in one house, I lost the money out of my breeches-pocket, and my pumps with the buckles in them were under the bed.

Q. Did any body lye with you?

Marley. There was the prisoner and I and one Anthony Murphy lay together?

Q. Did you all three go to bed at the same time?

Marley . Yes.

Q. What time did you go to bed?

Marley . Between ten and eleven o'clock.

Q. What time did you awake in the morning?

Marley. Between one and two; and I miss'd my buckles then, and I ask'd my comrade Mumford where he was; and he said he was a long-side of me; and I ask'd him where Downing the prisoner was, and he said he was along-side of me; but I found he was gone; and I met with the prisoner again the same morning, about half an hour after six, when I was going to advertise him; and I charged him with robbing me.

Q. What did he say when you charged him with robbing you?

Marley. He said he found the 3 l. 12 s. piece in the bed.

Q. And did you get it again?

Marley. It was found between his stocking and his foot, and he said the 36 s. piece was changed; and he had my shoes upon his feet, but I could not find my buckles upon him.

Q. How long have you known the prisoner? was he a brother sailor ?

Marley. He was in one ship with me 5 months.

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

Prisoner . I can't express myself in English. Ask him whether he can swear to the 3 l. 12 s.

Marley No, my lord, I can't ; but I lost such a piece that night.

Prisoner . When I went to bed, I was in liquor.

Q. to Marley. Was he in liquor?

Marley. I don't know; I did not observe that he was.

Prisoner. He says he saw his shoes upon my feet; why did he not challenge them?

Marley. I said they were my property.

Q. What were the prisoner's buckles?

Marley. They were brass.

Prisoner. They were the same fashion as your own.

Marley. They were not a quarter so large.

Anthony Mumford . On the 22d of July I lay with the prisoner and the prosecutor , at Peter Simpson 's house.

Q. What time did you go to bed?

Mumford. About 10 o'clock.

Q. Had the prosecutor any silver buckles when he went to bed?

Mumford . Yes.

Q. What money had he?

Mumford. He did not tell me what money he had.

Q. What buckles had the prisoner ?

Mumford. They were either copper, or brass. These are the buckles that the prosecutor had; there's W M upon them . The prosecutor ask'd for the prisoner, and I said he was a long-side of him. He said he was gone; I jump'd out of bed to piss , and he said the money was all gone too, and I came down, and found the window-shutters and the casement open; and I said, bear a hand, as fast as you can, and after him, and we met with him in Leadenhall-street. He was searched, and he had the 3 l. 12 s. piece between his stocking and his foot.

Q. Was he carried before a magistrate?

Mumford. Yes; and he said the 36 s. piece was changed at one Mr. Haynes's in Darkhouse-lane .

Prisoner. He said the other night, in Newgate, that he would hang me.

Guilty, 39 s.

[Memorandum. It does not appear how he came by the buckles.]

[Transportation. See summary.]

421 + John Hughes was indicted for stealing a saddle, a bridle, a girt, and a circingle , the property of John Barlow ; and two bridles, the property of William Peake ; privately in his stable , July 15 .

William Peake . I had my stable broke open on the 15th of July , and found the things the same day.

Q. How came you to take the prisoner?

Peake. I heard where the girt and the circingle were sold, and I found them in Durham-yard; and I asked the person, where I found them, who he bought them of; and he said he bought them of John Hughes .

Q. Who had them you from?

Peake. Give me leave to tell the first part of my story, or I shall never come to the end of it. I found John Hughes , the same day, at the Bullhead in Smithfield, and he run away. Thomas Hammond pursued him, and took him. He had a parcel under his arm, which were my two snaffle-bridles ; and upon this I pulled two girts and a circingle out of his pocket: he said he hop'd I would be good-natur'd to him, and if I was, I should have them all again. I told him I would be kind to him, and ordered one Thomas Hammond , a coachman, to drive me to Broad St. Giles's; and he took me into his chamber, and pulled out the saddle and saddle-cloth .

Prisoner. Did not I tell you all along, that I bought them?

Peake. You told me you bought them all for 16 shillings, of a man in the street, in the dark.

Prisoner. Two months ago I met a man in Tyburn-road with these things , and bought them of him.

Q. Who was by then ?

Prisoner. One Mr. Ryley, and Mrs. Spratt; and I gave 26 s. for them.

Peake. He gave but 16 s. for them in hand, and he was to give him the other 10 s.

Q. to Peake. What are they worth second-hand?

Peake. They are worth 4 l. now second-hand, to any body.

John Hopley . I am a dealer in horses; I have known the prisoner 20 years; he was brought up a gentleman's servant , and he lived with 'squire Broughton 16 years ago.

Thomas Edwards . I have known the prisoner from his infancy; he has lived in several gentlemen's services.

Q. When was it that he lived in the last service you know of?

Edwards. About 9 years ago.

Patrick Ryley . I have known the prisoner about 5 years.

Q. What countryman are you?

Ryley. I am an Irishman; he was an hostler at the Blue-boar in Holbourn.

Q. Do you know any thing of his buying these things?

Ryley. I was by when he bought the things; a bridle, saddle, and some rugs; and he gave 16 s. for them.

Q. How came you to be along with him?

Ryley. Because I knew the man, and met him in the street.

Q. What is your business?

Ryley . I write for my livelihood. I write for Mr. Brett , an attorney at law, in Drury-lane.

Anne Spratt . I saw the prisoner buy a saddle, some bridles , and 3 rugs; and I wanted to buy the rugs myself.

Q. How came you to be in Tyburn-road?

Spratt . I live there.

Q. What did he give for these things?

Spratt . I can't say positively; I know he paid 16 s. and he was to pay something more.

Acquitted of privately stealing in the stable, Guilty of the felony .

[Transportation. See summary.]

422 + John Armson , of Kensington , was indicted for stealing 12 pounds in money, the property of Edmund Wood , in his dwelling-house , July 29 .

Edmund Wood . I keep a publick house at Kensington , and lost 12 pounds, in money, out of my drawers .

Q. How long ago?

Wood. Five weeks last Friday.

Q. Were the drawers lock'd?

Wood. Yes.

Q. When did you miss it?

Wood. My wife missed it on the Saturday.

Jane Wood . I missed this money on the Saturday-morning, about 10 o'clock.

Q. Were the drawers lock'd?

Wood. They were all lock'd.

Q. How did he get it out, then?

Wood. I can't tell.

Tho. Lambert Constable . The prisoner was taken up on the Saturday after the money was lost, and he told me where he had hid part of the money.

Q. Where did he say he hid it?

Lambert. In a place called Love lane near Kensington , and I went with him with a candle and lantern, and he could not find it then, it was so dark; and we went the next day, and saw the mo ney as plain as if it stood upright.

Q. How much was there?

Lambert. There was 9 l. 10 s. all in silver.

Q. Did he confess only that, or that he took more?

Lambert. I can't say.

Q. Where did he say he took it from?

Lambert. He said he took it out of the drawers in Mr. Wood's room.

Q. How did he get it out?

Lambert. As to this particular, I did not ask him .

Q. to Wood . What money was it you lost?

Wood. Almost all queen Anne's money, in silver.

Mr. Evans, I was sent to the prisoner, in order to get him to confess; and he told me he entered the house of Mr. Edmund Wood , and got in at the window of Mr. Wood's bed-chamber; and he said he took a bag out of the house , and put the money in, and hid it in Love-lane by Kensington. I was at the taking him, and he told me he got in at the window.

Q. Did he say how he opened the drawers?

Evans. He said it was a drawer with a spring: and after he had opened it, he clapped it too again, and that was the reason it was found fast as it was left.

Guilty , Death .

423 Thomas North , of Bromley , was indicted for stealing a silver watch, value 30 s. and a seal , value 1 penny , the goods of Thomas Kilby ; the 26th of August .

Tho. Kilby. I lost a silver watch, and a brass key.

Q. Where did you lose it?

Kilby. At Bromley .

Q. What made you mistrust the prisoner?

Kilby. Because he was in the house the night before: his father and mother lodge in the house, but he does not. I went in search after him, and some people said they saw him at 8 o'clock at night playing with some boys.

Q. Did you find the watch?

Kilby. Yes; he said he had sold it to one Bazil Denn on London-bridge for a guinea; and I found it at Denn's on London-bridge.

Bazil Denn. The prisoner at the bar came to me with a watch.

Q. Are you sure he is the person?

Denn. I don't know whether he is the person, but by his own confession ; and I gave him a guinea for it.

Q. Is that the watch that is produced?

Denn . Yes.

Q. Are you the master of the shop?

Denn . I am the master's son .

Guilty .

[Transportation. See summary.]

424 Arthur Peccival , and 425 Henry Haynes ,

were indicted for stealing 28 pounds weight of rice, value 5 s. the property of James Crockatt , Esq ; July 31 .

John Smith . On the 31st of July, between the hours of 4 and 5 o'clock, I saw the two prisoners at the bar coming upon Hammond's key ; and I saw, that at last they got upon some barrels of rice. The watchman went up, and called for me.

Q. Did you see them do any thing?

Smith . I saw them upon the barrels; I did not see them take any thing.

John Eades . Between 4 and 5 on the 31st of July I went up Vintners-alley , and saw these two men: I saw this Peirson lying upon one of the barrels on his belly, handing the rice out of the cask into Henry Haynes 's apron; and afterwards I saw Haynes lying upon his belly. I pulled him, and he rubbed his eyes, and looked as if he had been asleep, and let the rice drop out of his apron between the barrels; and I saw that the head of the cask was broke open.

Q. What quantity of rice do you reckon was dropped out of the apron of this Haynes?

Smith. About 7 pounds.

Q. What are the prisoners?

Smith. One is a lighterman , and the other a ticket porter .

Ebenezer Hartley . I was the constable in this affair, and was charged with the prisoners. I only know that the prisoners were charged with taking the rice.

Q. How much?

Hartley . About 21 pounds.

William Currey . I keep a distiller's shop at Billingsgate, and they asked the favour of me to let them leave this rice in my shop.

Q. What time was this?

Currey. Between 4 and 5 in the morning. I asked if I should be brought into any premunire about it; and they said, no.

Q. How much rice was there?

Currey. There was 20 pounds; and they said a friend gave it them, and they belived he would give them some more.

Q. Who spoke to you?

Currey . Henry Haynes .

Q. Was it in the other's hearing?

Currey. Yes; and they asked me for an apron, and I lent it them.

Q. Did you know these people?

Currey. No; I never saw them before. When the prisoners came to take the rice away, I got my friend Eades, and placed him in the cellar, and the prisoners were taken in my house, for I was resolved to take them; and I believe they were five hours in my house before I could secure them.

Q. How came you to suspect them?

Currey. A watchman came and acquainted me, that there were some barrels of rice broke open, and that he had lost some rice; and then I told him I had the persons in my house that I believed stole it.

John Hall. I have known Arthur Percival a great many years, and believe him to be a very honest youth.

James Hall. I am brother to the last witness ; I have known Haynes a great many years, and he always behaved himself well, and had a good character .

Both Guilty, 10 d.

[Whipping. See summary.]

426 + Mary Mills , of the precinct of the Savoy , was indicted for stealing a silver watch value 50 s. a silver watch-chain value 6 s. and two silk handkerchiefs value 2 s. the property of Thomas Smith ; privately from his person , August 22 .

Thomas Smith . On the 22nd of August I lost a silver watch and chain, and two handkerchiefs .

Q. Where did you lose them?

Smith. In Somerset-yard .

Q. At what time?

Smith . At 11 o'clock at night.

Q. Who took these things from you?

Smith. Mary Mills. She followed me as I came out of my boat; and I lost my watch and chain. I lost one handkerchief out of my pocket, and the other off my neck.

Q. Did you feel these things taken from you?

Smith. I felt my watch taken from me.

Q. Did not you feel your handkerchief taken off your neck?

Smith . Yes; it was tied but with one knot. The prisoner asked me if I wanted company, and I went and sat down upon a dunghill in Somerset-yard , and she came and sat down by me, and pulled at the chain of my watch several times, and she got the watch.

Q. Why did not you secure her then?

Smith . She called out to several people, and I was afraid of losing the other things I had about me; and I thought I should meet with her another time.

Q. And you saw her do it, did you?

Smith. I saw her take my handkerchief.

Q. When did you take her up?

Smith. Last Sunday morning, in Catherine-street.

Q. Was you in liquor when you lost these things?

Smith . I was a little, but I was very sensible, tho' I had not the use of my legs ; and I carried her to the watch-house.

Q. Have you heard any thing of these things since?

Smith. The watch was sold for 18 s. and she said she wished she had known my buckles had been silver; if she had, she would have had them.

Prisoner. Why did not he speak when I took hold of his watch?

Smith. She called out to somebody, and I was afraid.

Jane Raybold . I live in a garret in Swan-alley in St. John's-street; I went to Cowley's to lodge yesterday was fortnight, and Mary Mills came in, in the morning, between 9 and 10, and she brought in a gown, and the petticoat she has on now.

Prisoner. I never saw the woman before.

Raybold. And she desired I would go of an errand for her to Thomas Smith , the prosecutor, for she had left him a dosing upon a dunghill; and she owned she had got a watch, and had sold it for 18 s. and that she had bought a shift, that cost 4 s. and an apron, that cost 2 s. 10 d.

Prisoner. I never saw the watch before, by the great God in heaven.

Acquitted .

427. + Robert Cunningham*, otherwise Cullingham , the younger, late of Wingfield, in the county of Suffolk , labourer , was indicted for that he, with divers other malefactors, disturbers of the peace of the kingdom, to wit, to the number of 40 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 March in the 20th year of his Majesty's reign , did, at Horsey , in the county of Norfolk , 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 good, 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.

* He was tried last Sessions for not surrendering himself, according to the Act of Parliament, and acquitted.

Coun. for the Crown. I am counsel for the King against the prisoner at the bar, and his charge is , being assembled, with divers other persons, to the number of 40, at Horsey , in the county of Norfolk, in order to be aiding and assisting in running and landing uncustomed goods, &c.

Gentlemen, on the 10th of March, 1746. one Bailey, who kept a coffee-house in Yarmouth , had occasion to go to Horsey , and there was a gang of smuglers there, and they expected their cutter, and thought he came as a spy; and they went to one Manning's house, where this Bailey was, and whipp'd Bailey in a cruel manner; then they brought him out of Manning's house, and carried him into the church-yard, and brought out a caseknife , and told him they would cut his throat if he did not answer all the questions they asked him: and they asked him what he came there for; he said he came to see his acquaintance Manning: and they tied a rope about his neck, and almost strangled him, and tied him up to an arm of a tree, and left him almost dead. And the next step they took to get this man to shew his great thanks to them was, that they made him down on his knees, and thank them for not hanging him; and made him swear damnation to his soul if he revealed what they did; and then they let him go. And they took him into custody again the next day, but they did not treat him so ill as they did before. But, gentlemen, you must consider, that he was in very great terror; and this man having been treated as a spy without foundation, he thought, as I have been treated so ill, now I will see what these people are about; and he very cunningly pretended to be going another way; and he followed them so close , as to see what was going forward; and he saw a gang, to the number of 40 or 50, running and landing of goods; and he says the prisoner at the bar, Robert Cunningham , was one of them. And I hope, gentlemen, if we prove the prisoner to be one of those persons, you will do your duty in bringing this person to condign punishment; and that if we prove these things to be true , you will find the prisoner guilty.

Abraham Bailey sworn.

Co. for the Crown. Where did you live in March 1746?

Bailey. At Yarmouth in Norfolk.

Q. Was you at Horsey that Month?

Bailey. I was there on the tenth of March.

Q. Was you the next day at Horsey beach ?

Bailey. Yes, and the gentleman at the bar; I did not know whether his name was William or Robert Cunningham , but I saw him at Horsey-beach on the eleventh, and he was in Manning's house when I was used so ill, and I saw a gang of smugglers the next day on the beach, and the prisoner was there: there were about forty of them.

Q. Was he armed?

Bailey. Yes, he was on horseback, with a pair of pistols before him.

Q. Were they all armed?

Bailey. I can't tell.

Q. Were there three armed?

Bailey. Yes.

Q. Was there a cutter came in there?

Bailey. Yes.

Q. Was there any goods landed out of her?

Bailey. Yes.

Q. What goods were landed?

Bailey. There were oil-skin bags, which, I suppose, had tea in them; and casks, which they commonly run brandy in.

Q. Are these bags the usual package for tea?

Bailey. It was the way I always saw it when I was a custom-house officer.

Q. What quantity of tea do those bags hold?

Bailey. About 25 pounds weight.

Q. What quantity do these casks hold?

Bailey. About four gallons and an half, or five gallons; and they all loaded their horses.

Pris. Coun . What time was this?

Bailey. Between one and two in the afternoon .

Q. Had he his pistols in his hand?

Bailey. No; he had them before him, in something that they put them into.

Q. Did you know this Cunningham before?

Bailep . I did not know him before that time.

Q. Did you ask him his name?

Bailey . I asked him if his name was Cunningham , and he said, yes.

Q. Now I would ask you whether you did not ask him his christian name?

Bailey. I don't know that I did.

John Leader sworn.

Co. for the Crown. Was you at Horsey, or on Horsey-beach , in the month of March 1746.

Leader. I was there in March 1746.

Q. What day of March was it?

Leader . I think, as near as I can guess, it was about the middle-day.

Q. What did you do there?

Leader. I was servant to one Samuel Fox , and he sent me for four tubs of brandy.

Q. Did you see any smugglers there?

Leader. There were a great number of people.

Q. How many do you think?

Leader. About thirty .

Q. Were they all armed?

Leader. There were a great many armed.

Q. What were they employed about?

Leader. They were waiting for the cutter's coming in with tea and brandy; and the cutter came in the next day: then the company went down, and said they had used Mr. Bailey very barbarously; and they said they had whipp'd him till they thought they had almost kill'd him, and then hung him up over the arm of a tree, till they thought they had kill'd him.

Q. What goods did you see landed?

Leader . Oil skin bags with tea , and casks with brandy.

Q. How do you know there were tea in those bags?

Leader. Because I saw some of the tea fall out, and I tasted some of the brandy.

Q. Did you know the taste of brandy?

Leader . Yes, to be sure.

Q. Did you see the prisoner there?

Leader . Yes.

Q. Are you sure the prisoner is the person?

Leader. Yes, I am sure; for I have known him several years.

Q. Had he any arms?

Leader . Yes; he had a brace of pistols stuck into a girdle by his side, on the same day; and I saw him go down with his arms.

Q. Did he load any goods?

Leader. I saw him load a load of goods upon his horse.

Q. Are you sure the prisoner had fire arms?

Leader . Yes, or I am not alive here.

Pris. Coun. Had he his pistols in his hand?

Leader . They were stuck in his girdle.

Thomas Kimmings sworn .

Co. for the Crown. Was you upon Horsey-beach the 11th of March, 1746?

Kimmings . I was not upon the Beach, I was upon the Hill, and I saw a gang of smugglers; and I saw 44 Horses, and several people armed.

Q. Could you distinguish any of them, their persons?

Kimmings . No; I was not near enough to distinguish them.

Q. Did you see Mr. Bailey that day?

Kimmings. Yes; and I saw the mark of the rope round his neck, and the blood was set; and there were the marks of the rope about his Wrists.

Guilty Death .

428. Alice Brown , of St. Giles in the Fields , was indicted for stealing two silver salts, value 30 s. and two silver spoons value 20 s. the property of Brodgen Poplet , July 24 .

Brodgen Poplet . The prisoner was a chairwoman to me, and there were two salts and four spoons left upon the table, and the two salts and two of the spoons were gone; the next morning the keeper of the Round-house told me he had got my two salts; and before the Justice she confessed the taking the two spoons and the two salts; there were four spoons, a large soup-spoon and a pepper-box. I said to the good woman, why did not you take them all? and she said she thought she had got enough. I was told she offer'd to sell one of the spoons for a groat, and the other spoon she did sell.

Mr. Finlinson Constable. The prisoner was hurried into my house by a number of people, and a woman had a spoon in her hand which she said she took from the prisoner, and she told the prisoner she believed she stole it: the prisoner said she found it in Fleet-street; and after asking her some other questions, she said she found it in a cherrybasket in the Fleet-market; and afterwards upon a dunghill. I said, if you will not confess where you had it I will send you to prison; then she said she took it from the Rising-sun ale-house in Clare-market: I went and enquired there, and they said they had lost no such thing: I heard the prisoner declare before the Justice that she stole the two salts and the two spoons.

Q. to Poplet. Is that your spoon ?

Poplet. Yes, I believe it is; but 'tis not marked with my name.

Guilty .

[Transportation. See summary.]

429. + Richard Goulston , of the parish of Hessen , was indicted for breaking and entering the dwelling-house of William Day , between the hours of 11 and 12 in the night, and stealing a China tea-pot with a silver spout, value 15 s. two shaggreen cases, eight silver spoons, two silver strainers, and two pair of silver tea-tongs, one guinea and an half, and 20 s. in silver, the property of William Day , August the 18th .

William Day . I live at the Rose and Crown in the Parish of Hessen .

Q. Had you any misfortune befel you in August last ?

Day. Yes, between the hours of ten and one; for I did not know it 'till one, I found the wicket of the great gate open, and that some person had got in at the window ; the bar of the window was broke open: I was called at 26 minutes after one by one of the men that guards the mail, and was told by him that the bar was broke open; upon which I got a candle, and looked and found it to be so, and my bureau was broke open, and I had a considerable value of other people as well as my own in it; I went and found all my servants asleep, and I took the soldier in the house, and went round the town in order to see if any of the people were up.

Q. What did you miss?

Day. A green purse with a guinea and an half in it, and 20 s. in silver, and the things mentioned in the Indictment.

Q. What reason have you to charge this upon the prisoner?

Day. I went down to Portsmouth and took him on Monday-night at the play-house at Portsmouth, and he chang'd his name from Richard Coulston to Richard Wilcocks .

Q. Then you knew the prisoner?

Yes. Yes, he lived with me four or five years, and has been gone from me about two years; and I found all my things upon him at the Hercules's Club on Portsmouth Common . This is my teapot , &c.

Q. Had you any talk with the prisoner about the things?

Day. Yes; and he said he was sorry for what he had done, for I had been a father to him, and wish'd he had been hanged before he had done it; he said he had been upon Hounslow-heath , and at the close of the evening he came and put back the wicket, and that he afterwards got in at the bar-window.

Q. Did he say any thing whether the bar-window was shut?

Day. No, it was not shut when I went to bed; but it was fast before my wife went to bed .

Q. Did he say he broke open your bureau?

Day. Yes .

Mary Lanward. I was at Mr. Day's house the 18th of August.

Q. Do you remember shutting up the gate?

Lanward. Yes, I remember the shutting it up between ten and eleven.

William Norris (Constable at Portsmouth.) Mr. Day came to me the 19th of August between nine and ten o'clock, and ask'd me if I was not a constable, I said I was; he told me of his misfortune, and that he believed the villain was at the playhouse ; I was willing to do him all the Service I could, and ask'd him whether he knew who the villain was; he said it was a servant of his; I went with him to the play house, and told the people of the house I was come to search for a villain who was guilty of a robbery, but I would not disturb the house; and we had not been in the house above two Minutes before Mr. Day seiz'd him by the collar; and the prisoner said he did not know Mr. Day, and when he was carried before the Mayor he said his name was Wilcocks .

Q. Did he give any reason for changing his name?

Norris. I believe he did; but it was some triffling reason which I don't remember, and the Mayor order'd me to carry him to the Town-clerk , and go and search his lodging; and as I was carrying him to the Town-clerk's he was under a good deal of trouble, and he said if I would let him go to his lodging he would give us the things ; and he gave me the tea-pot , spoons and strainers , &c. He said he had been upon Hounslow-heath, and that he got in and robbed his master, Mr. Day's house.

Q. Did he tell you how he got in?

Norris. He said he got in at the window.

Q. Did he tell you whether he opened the window, or whether the window was open before?

Norris. No, he only said he got in at the window.

Guilty Death .The prosecutor recommended the prisoner to the court for mercy .

430. Mary Carrington , was indicted for stealing a pair of stockings, value 2 s. a skirt , value 4 s. and 18 d. in money , the property of John Preston , July 26 .

John Preston . I live in Shadwell ; the prisoner at the bar took a shirt and a pair of Stockings from me.

Q. What? were they in your hand?

Preston. No; I was drunk and fell asleep, and she robbed me of them .

Q. What? had you your shirt upon your back?

Preston. Yes.

Q. And was the shirt taken off your back ?

Preston. Yes, and the taking it off my back waked me.

Q. What are you, a fisherman ?

Preston. Yes: I have been in New Prison and almost starv'd.

Q. What was you sent to New Prison for?

Preston. In order to appear against the prisoner.

William Harris . I took up Mary Carrington the prisoner at the bar, and this man accused her of stealing his shirt , a pair of stockings, and 18 d. and I carried her before Justice Berry and he committed the prisoner to Clerkenwell-Bridwell , and the prosecutor to New-Prison.

Q. What did he send the man to New-Prison for?

Harris. I suppose that he might be a witness against the prisoner.

Acquitted .

431. Catherine Winepress , otherwise Elizabeth Deare , and 432. Ann Nicholson ,

were indicted for stealing two shifts value 3 s. a yard of silk damask, a cloth cloak, ten napkins, eight damask table-cloths, two diaper table-cloths , a petticoat, two Holland sheets, a cambrick gown, a yellow damask gown, twelve China-handled knives, twelve China-handled forks , and a great many things of value , the property of William Havard , Sept. 6 .

William Havard . Catherine Winepress was my servant , and when my wife and I went into the country I left her in charge of the house; when I came home a great many things were missing, and Cath. Winepress said she had been in a great deal of trouble , and had made use of them and pawned them.

Q. Did she tell you what things?

Havard. I desired her to tell her story to my wife; for I did not interfere in those matters.

Q. Has Catherine Winepress said any thing since about them?

Havard. She said she carried them to other places.

Q. What have you to say against Ann Nicholson ?

Havard . She was in the house with Catherine Winepress , for when I came to town I found her in the house with her.

Q. Was it by your consent?

Havard. No.

Q. What are the value of these goods?

Havard. They are worth about 40 l.

Elizabeth Havard . I was out of town , and when I came home I miss'd eight pair of Holland sheets , eight damask and two diaper Table-cloths, a green silk gown, a yellow damask gown , and I lost several other things which were not in the indictment.

Q. What reason have you to accuse the prisoner at the bar ?

Havard. She said she had made use of them, and that Nicholson was in the house to help her, and Winepress said she had pawned the sheets in Hart-street, and Nicholson own'd she had pawn'd the China handled knives and forks in Stanhope-street .

Prisoner Winepress. I was indebted, and the people threatened to arrest me, and I pawn'd these things to make them easy .

Both Guilty .

[Tho' these goods were of the value of 40 l. the prosecutor was so generous in laying the indictment, as not to value them at above 26 s .]

[Transportation. See summary.]

433. Mary Bowman was indicted for stealing a pair of stays , value 20 s. two handkerchiefs , and a cap , the property of Margaret Perry , the 22d of August .

Acquitted .

434. Elizabeth Harland was indicted for stealing five aprons, a mob, two shirts, two handkerchiefs, a petticoat, &c . the property of William Woolford , August 27 .

Guilty, 10 d.

[Whipping. See summary.]

435. Mary Mills was indicted for stealing a copper dish-kettle, value 15 s. the property of Thomas Bedward and John Wilson , the 3d of August .

Acquitted .

436. Richard Hilton was indicted for stealing 80 pounds weight of lead, being part of a gutter fixed to the house of William Blackmore , July 22 .

[ The prosecutor not appearing, he was Acquitted .]

437. + John Thompson was indicted, (together with Mary Ryley and Mary Granger , not taken) for stealing a silver watch, value forty shillings, the property of James Harriot , privately from his person , August 17 .

James Harriot . I live in Tottenham-court road. On the 17th of August, between 5 and 6 in the evening, I met the prisoner in Holbourn, and he asked me to go and drink, and then he carried me to see his lodgings.

Q. Did you know him?

Harriot . No.

Q. How came you to go with a strange man?

If it had been a strange woman, it would not have been so much out of the way.

Harriot . The prisoner asked me to go and spend three half-pence with him, and we went into the Coach and horses; then he took me into the coachyard, and he and two women took me to see his new lodgings, and we all went up stairs ; and when I got up stairs, they threw me upon the bed, and then run down stairs.

Q. How long was you above stairs ?

Harriot. Not above 3 minutes, and my watch was taken from me.

Q. Who took it from you?

Harriot. I could not tell who it was that took it, and when I came down stairs there was no body in the house, and I found Mary Ryley in about half an hour, and she ran away.

Q. Did you secure the prisoner then?

Harriot. No, for I was alone; I spoke to him about my watch and he ran away.

Not Guilty .

438. Michael Johnson , was indicted for stealing nine pound weight of indico , value 13 s. the property of Thomas Pullen , June the 19th .

Thomas Pullen . On the 19th of June I went on board my ship, which lies near Wapping , and the officers told me there was some indico gone, and a waterman told me the prisoner had sent on board for it; there was about five or six pound in that parcel, and there was a bag of thirty five pound missing that night, and some of our people said that they saw Johnson on shore with money, and that he was very drunk; and they ask'd him how he came by it, and he said he had receiv'd his wages; I told him I had reason to think he had it, because he was missing; and I said, as the indico is lost it must be paid for, and you must pay towards it: afterwards I found this indico was sold in Wapping for 2 s. 9 d. a pound, and it was worth 3 s. 9 d. or 3 s. 10 d.

John Dunn . On the 10th of June the prisoner desired I would give him a cast to shore, and he put a basket on board my boat of 9 pounds of indico; and I took a bit out and bit it, and asked if it was coals; he said it was indico, and it was sold to one Miles for 23 s.

Guilty .

[Transportation. See summary.]

439. Michael Grateley was indicted for stealing six iron streaks for cart-wheels , value 5 s. and one pit-saw, value 30 s. the property of Elizabeth Pullen , widow, August 10 .

Acquitted .

440. + William Garner , of the Parish of St. Andrew Holbourn , was indicted for that he, not having the fear of God before his eyes, &c. on the 6th day of July, in the 21st year of his Majesty's reign , in and upon Hepzibah Dover , spinster, did make an assault, and her, the said Hepzibah, did feloniously ravish, and carnally know and abuse , against the form of the statute in that case made and provided.

Hepzibah Dover sworn.

Q. What age are you?

Hepzibah Dover . I am 12 years of age.

Q. When was you 12 years of age?

Dover. I can't tell.

Esther Northam . My daughter makes a mistake ; she was 13 years of age in June last.

Q. to Dover . You are upon your oath, and the prisoner's life is at stake; you must speak nothing but the truth .

Dover. I will not, my lord .

Q. Where do you live?

Dover . I live with my mother in Eagle-street .

Q. Does that man live with your father or mother ?

Dover . No.

Q. What is he?

Dover. He is a carpenter , and work'd just by.

Q. What is your father?

Dover. A clockmaker.

Q. How came you to be with him?

Dover. My mother sent me there for some chips and shavings, and he was in a two pair of stairs room; and he called me up where he was at work:

Q. Where was he at work ?

Dover. At the corner of our street .

Q. When was this?

Dover. In July, I think.

Q. What day of July?

Dover . I can't tell.

Q. Was it the beginning, middle, or latter end?

Dover. It was, I believe, the beginning of July.

Q. What time of the day was it?

Dover. It was in the afternoon.

Q. Was the house inhabited, or was it an empty house?

Dover . It was an empty house.

Q. Were there any workmen there besides himself?

Dover. There were none but him and me in the house.

Q. What did the prisoner say to you?

Dover . He asked me to come up to the two pair of stairs room.

Q. What did you go up stairs for?

Dover . He said if I came up, he would give me some shavings ; and I went up to him.

Q. Was the two pair of stairs room backwards, or forwards ?

Dover. It was next Eagle-street.

Q. When you came up there, did he give you any shavings ?

Dover . The minute I came up, he threw me down, and stopped my mouth .

Q. Did he say any thing to you?

Dover. He threw me down, and stopped my mouth .

Q. Did he say any thing to you?

Dover . No.

Q. When he threw you down, did you endeavour to cry out?

Dover. Yes; but he stopped my mouth, and I could not cry out .

Q. What did he stop your mouth with ?

Dover . With his hand.

Q. Was there a bed in the room, or did he throw you down upon the ground?

Dover. He threw me down upon the ground.

Q. What did he do then?

Dover. He pulled up my petticoats .

Q. What then?

Dover. After he had pulled up my petticoats, he hurt me most sadly.

Q. Were his breeches down, and unbuttoned?

Dover. Yes.

Q. Did he come and lie down by you, or upon you?

Dover . He laid down upon me.

Q. What did he do when he laid down upon you? Did he put his private parts into your body?

Dover. Yes .

Q. Are you sure of that?

Dover. Yes.

Q. How long was he upon you?

Dover. I believe about half an hour.

[The girl expressed herself in such terms as fully proved the rape .]

Q. What passed afterwards ?

Dover . When I got up I told him I would tell my mother; and he said, if I did, he would murder me the first time he met me.

Q. Did you cry then?

Dover. Yes, I cried when I was with him.

Q. When did you discover this to your mother ?

Dover. About a week afterwards; I could not keep it any longer, for I was in such pain and misery , that I told my mother.

Q. What was the reason you did not tell your mother sooner ?

Dover. Because I was afraid of my father-in-law .

Q. What was the reason you could not keep it a secret any longer?

Dover. By reason of the very great pain I was in; and then I told it to my mother, in the same manner I do now.

Q. When was the prisoner taken up?

Dover. A week afterwards .

Q. When you told your mother, was you carried to any body?

Dover . Yes; I was carried to a great many.

Prisoner. Ask her how long she knew me before .

Dover. I knew him the summer before , and I believed him to be a very honest man , for he never offered any thing unhandsome to me before; and I had fetched shavings from him a great many times.

Prisoner. Ask her if ever she came after this .

Dover. Yes, I did, and he said he would not give me any shavings.

Q. How often did you go to him after this?

Dover. But once, and that was 2 or 3 days afterwards.

Q. Did any thing pass remarkable then ?

Dover . He would have had me have gone up again, but I would not.

Q. Did he give you any shavings then ?

Dover . He would not give me any at first , but afterwards he did.

Esther Northam . On the sixth of July last I sent my daughter to that man for some shavings.

Q. How came you to send her to him?

Northam . Because he was at work in the street.

Q. What time of the day was this?

Northam . About 4 o'clock in the afternoon.

Q. How long was your daughter gone?

Northam . She was gone better than half an hour.

Q. Did she bring some shavings ?

Northam . Yes.

Q. Did she say any thing to you then?

Northam . No.

Q. Did she at any time make any complaint to you of being used ill by the prisoner?

Northam . Yes.

Q. When was that ?

Northam . About a week afterwards I observed one night, when I was at supper, that she did not sit down. I did not say any thing to her that night .

Q. What did she say to you afterwards ?

Northam . She said the next day, that her water scalded her so, that she was so hot, and so sore, that she could not fetch up a pail of water for the world. When she told me this , I told her, in 2 or 3 days she would be better, and she must not mind any such thing .

Q. Was she better then ?

Northam. She continued much the same .

Q. Did she sit down the next day?

Northam . No; she always hung on the backs of chairs, or leaned upon a table, till she had told what had been done to her.

Q. When was this thing done to her?

Northam . On the 6th of July.

Q. What day of the week was it?

Northam . On a Thursday ; and the Wednesday following I sent her for some more chips and shavings, and she said she could not go, for there was a hole before the door; and she cried, and desired I would not send her .

Q. Did she go then?

Northam. No, she did not, and it went off; and the next day I said she should go, and drove her down stairs.

Q. Did you observe any thing in her gate?

Northam. She walked very badly , but I did not think any thing of what was the matter with her. She brought me some shavings then; and she said, Mamma, don't be angry, for he was stronger than I; don't send me any more, for I never will go again; and she cried most bitterly.

Q. I suppose this raised your curiosity . Give an account, as near as you can, in the words that she spoke.

Northam . She fell down upon her knees , and said, I could not help it, indeed , for he was stronger than I; for when you sent me last Thursday , he bid me come up stairs, and he laid me down upon my back, and pulled up my petticoats , and put something into my body, &c. and cried very much. Said I, why did not you cry out with all your might. She said, Oh mamma , I could not, for he stopped my mouth. I said, why did not you tell, me when you first came home . She said, because he threatened to murder me, if ever I told of it. I sent her to my midwife in Holbourn , who is now sick in bed of a fever, and to Mrs. Peters .

Q. Did you examine her body ?

Northam. Yes ; but she was so sore, that she could not bear me to touch her; and she appeared to be abused , and in a very vile condition . We have been forced to wash her three or four times a day, and tent her with fine line .

Elizabeth Peters . The child was brought to me, and looked like the picture of death .

Q. Did you examine the child ?

Peters. Yes; and her linnen was in a most miserable condition?

Q. How did she appear to have been used ?

Peters. The inside of her body was sadly torn , and her private parts appeared to be scratched , and in a most miserable pickle , both before and behind.

Q. How long was this afterwards ?

Peters. About a fortnight, and they were healed then ; and her groin was black , and very much swelled.

Q. What do you mean by scratch'd? Were they lacerated, or torn ?

Peters . The skin was almost torn off.

Q. Did she look as if she had been abused by a man?

Peters. Yes; and I said it was my opinion that the child had the foul disease.

Mr. Bavan (an Apothecary .) On the first of August I was desired to go to Mrs. Northam ; and the child and her mother gave the same account to me as they have delivered in court.

Q. Did you examine the girl?

Bavan . I examined her body, and found the parts almost healed, with respect to the laceration ; but she had a great running upon her, which appeared to be venereal.

Q. Do you think it was a venereal case?

Bavan. I see a great many cases of this kind, and I am sure 'tis a venereal case .

Prisoner . My lord, I never was concerned with her in my life.

Guilty , Death .

441. + Samuel Hughes , of St. Catherine Creedchurch , was indicted for stealing one gold watch value 5 l. one gold chain, with a Pinchbeck hook, value 20 s. one enamelled gold ring value 5 s. one gold ring with 2 sparks, and a ruby, value 8 s. the property of Thomas Drane , in his dwelling-house , June 15 .

Thomas Drane . I live at the Saracen's head within Aldgate , and I lost this watch and ring out of my chamber.

Richard Parham . I took the prisoner into custody, and he said he had pawned the ring at Sadler's-wells .

Q. to Mr. Drane. Is this your dwelling-house that they were stole from?

Drane . Yes; I have lived there these twenty years.

Thomas Walker . I took this watch from the prisoner .

Q. Did he say where he had it from?

Walker. He said he had it from Worcester .

Q. to Mr. Drane . Is this your watch?

Drane . Yes.

Guilty, 39 s.

[Transportation. See summary.]

442. Robert Chevin was indicted for feloniously marrying Elizabeth Atwood , on the 25th of November 1747 . his former wife , Anne Towns , being then living

James Buston . I am clerk to the deputy register of the vicar-general of the archbishop of Canterbury : this is the book of warrants for licenses, and it does appear here, that on the 12th of October 1731. Robert Chevin , of Skopwith in Lincolnshire, batchellor, appeared, and said that he did intend to marry Anne Towns , spinster.

[The Reverend Mr. Stanhope Elliston , Parson of St. Bennet Paul's-wharf, produced the book of marriages belonging to that parish.]

Q. to Mr. Elliston. Is there any entry of a marriage on the 12th of October 1731. of Robert Chevin, of Skopwith in Lincolnshire , to Mrs. Anne Towns?

Elliston. Yes; there is any entry here, that Robert Chevin , of Skopwith in Lincolnshire, batchellor, was married, the 31st of October, 1731. to Anne Towns , spinster .

Matthew Towns . The prisoner lived with my sister, as man and wife, about 12 years ; but I have not seen the prisoner these 7 years .

Q. What was your sister's name?

Towns. Anne Towns.

Pris. Coun . Did you use to visit them?

Towns. Yes ; and he acknowledged her as his wife, and she him as her husband .

Pris. Coun . Is your sister, Anne Towns , living now?

Towns. Yes.

Q. When did you see her?

Towns . About a fortnight ago.

John Day . I have known the prisoner about 4 years ; he lodged at my house.

Q. Had the prisoner then any person he called his wife?

Day. Yes.

Q. What was her name?

Day. She was called Anne Towns before he married her.

Pris. Co. Is Anne Towns living now?

Day. Yes; I saw her about nine o'clock this morning; they had a child when they were at my house, but she was not born there.

Q. What Name was the child called by?

Day. Sarah Chevin .

The Revd . Mr. Charles Bellinger . On the 25th of November 1747, I married Robert Chevin to Elizabeth Atwood of St. Michael Cornhill , spinster, at the parish of Trinity Minories .

Elizabeth Atwood sworn.

Q. Was you at any time married to any body ?

Atwood . I was married the 25th of November last in the Minories to the prisoner, and lived with him about five or six months.

Q. How came you not to live with him longer?

Atwood. Because I heard he had another wife, and then I left him; but he all along told me that he was a batchelor .

Prisoner. She did not leave me upon that footing , it was upon another.

Ann Vink. I took the prisoner at my house at the Red Cross in the Minories, in the liberty of the City of London.

Prisoner. My Lord, I will clear myself of this indictment; for I was not married to Anne Towns .

Q. Have you any Witnesses ?

Prisoner. I have not; I am not provided with any; I have been ill of a fever, and was almost out of my senses .

Guilty .

[Branding. See summary.]

443. + Catherine Davidson of Allhallows Barkin , was indicted for stealing a watch with the outside and inside cases made of gold, value 20 l. the property of Abel Pilgrim , a watch with a gold box and a shagreen case , value 5 l. the property of Joseph Pilgrim , and two silver spoons, value 10 s. the property of Mary Pilgrim , widow, in the dwelling-house of Mary Pilgrim , Aug. 12 .

Mary Pilgrim . On the 12th of August last I lost two gold watches and two silver spoons .

Q. Whose were the watches ?

Pilgrim. They were my sons; the prisoner came but the night before, and when I came down in the morning I looked at the watches as they hung up, one upon one sconce and the other upon the other sconce by the chimney; it was seven o'clock by one, and 20 minutes after b y the other, the prisoner was then washing the door. I had not turn'd my back above 5 minutes, but the watches and the prisoner were gone.

Q. Are the watches found again?

Pilgrim. Yes; they were brought to me by Mr. Wilks a silver-smith by Cripplegate; for I had published an advertisement offering ten guineas reward; but there was not the whole of the things brought.

Mary Parsley . Servant to Mrs. Pilgrim. I miss'd two silver spoons and the prisoner was taken up: before Justice Dennet she owned that she took the two watches and the two spoons, and that she sold one of the spoons for 11 s. 6 d. to a silversmith near Barbican, I can't remember his name; and the other she sold to Mr. Wilks ; the prisoner came the night before this thing was committed and personated her sister, who is a person of a good character, and lay at Mrs. Pilgrim's that night , and the next morning she went away and took the watches and spoons with her.

Mr. Nash (Marshals Man.) I had a search-warrant and went with Mr. Pilgrim to search for these spoons, and found one at Mr. Barlow's in Barbican, and the other at Mr. Wilks's, both by the prisoner's direction.

Henry Barlow . There was a spoon brought to my shop and offer'd to be sold, and my wife bought it.

Prisoner. I have this to say, that this is not the first thing that Mr. Wilks has set me on to do; and he promis'd me half of the reward.

Guilty Death .

444. William Wilks and Catherine Davidson ,

of Alhallows Barking , stand indicted, for that you Catherine Davidson on the 12th of August , one gold watch value 20 l. the goods of Abel Pilgrim , one gold watch value 5 l. the goods of Joseph Pilgrim , and two silver spoons value 20 s. the goods of Mary Pilgrim , widow, did feloniously steal, take and carry away ; and that you

William Wilks, being a person of ill fame and dishonest conversation, on the 13th of August the abovementioned two watches, and one of the abovementioned spoons did feloniously receive and have, you well knowing the same to be feloniously stolen, taken, and carried away , &c.

Mary Pilgrim sworn.

Q. Do you know any thing of Mr. Wilks's bringing any thing to you ?

Mary Pilgrim . On monday the 15th of August Mr. Wilks came to my house, and two or three ill looking fellows with him, and brought the two watches, and said that the reward was ten guineas.

Q. Did you ask him who brought the watches to him?

Pilgrim . Yes, and he said the person got away from him.

Q. Did he tell you when they were brought to him?

Pilgrim . He said on the Saturday morning. Mr. Wilks demanded the reward of me, and I told him I would give him but nine guineas, because there was not the whole; for the spoons were not there; he said he would have the ten guineas, and wrote down his name.

Q. Did he deliver the watches to you then?

Pilgrim . No; he shew'd me the watches, then I offer'd him 10 l. and he would not take the 10 l. but said he would allow 6 s. for the two spoons.

Q. Did you ask him whether they were pawned or sold to him?

Pilgrim . I did not ask any thing of that.

Wilks . I want to know what this 6 s. was to be allowed for as deduction; I want to have this set in a proper light .

Court. She says you would allow her but 6 s. for the two spoons

Wilks. I want to go according to the rule of proportion.

Pris. Co . Did not you offer the reward in proportion to what was produced?

Pilgrim . Yes.

Pris . Co. Do you know who those persons were that came with Mr. Wilks?

Pilgrim. No; they were two ill-looking men.

Mary Parsley . Mr. Wilks came about nine o'clock in the morning, and desired to speak to my mistress ; and he ask'd my mistress whether she had lost any thing, and she said she had; and he mentioned the watches and spoons.

Q. What were his expressions?

Parsley . He said he believed he could help her to them, but he did not say then that he had them; and afterwards he said he had them, and that they were brought to him by a woman who had a brown gown, a white handkerchief, a colour'd apron, and an old bonnet: I ask'd him why he did not stop the person; he said it was about seven o'clock in the morning, and there was no body with him; and he said he called out stop thief, but there was no body in the street, nor no body came to his assistance, so she got away, and the persons that were with Mr. Wilks chid me for speaking; and I said I would speak for my mistress. Mr. Wilks said he knew nothing of the spoons; my mistress offer'd him nine guineas, and he said that was not in proportion, and he said he would allow 6 s. for the two spoons, and my mistress would not take it, and she said she would leave it till my master came home; and he would not trust the watches in any person's hand but his own; I had hold of the strings, but he would not part with them out of his hand 'till he had the money.

Abel Pilgrim . I went to Mr. Wilks's to demand the watches and spoons, he said he had got the watches but knew nothing of the spoons.

Q. Did he speak of one spoon, or both?

Pilgrim. I asked him about the spoons, and he said he knew nothing of the spoons; he said he would have ten guineas; I asked him what he would abate for the spoons, and he said 7 s. 6 s. but afterwards he agreed to abate 10 s. and I paid him 10 l. and then I had the watches.

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

Pilgrim. Yes, he said a woman came with a watch to sell, that she shew'd him one watch at first, and then she said she had another watch, and put her hand into her pocket and pulled out another, and gave it him. Said I, why did not you stop the woman, for there is an advertisement of five guineas reward for apprehending her?

Q. What did he say?

Pilgrim. He said he left Davidson in the custody of his wife, and he took his wife up stairs and desired an acquaintance of his to secure her, and in the mean time, while they were gone up stairs, the prisoner got away.

Pris. Co. Does not Mr. Wilks keep a publick shop ?

Pilgrim. Yes; and he is a working silver-smith .

Blisset Woodwardson. I was with Mr. Pilgrim at Mr. Wilks's shop when he paid him the money; and it was with a great deal of difficulty that he reduced it to 10 l.

Q. What have you to say with respect to the spoons?

Woodwardson . When the marshals-men went with a search-warrant to search for a spoon , Mr. Wilks denied having the spoon, and his wife was by, and I believe she had been eating bacon and greens, or something like that; for her mouth was very greasy , and Mr. Wilks was charg'd with letting the woman out at the back door, and he said he had no back door, for it opened into the street.

Richard Nash ( Marshals-man .) I had a warrant to search Mr. Wilks's house, and I had a warrant to take him before my Lord Mayor; for Davidson said she sold a spoon to him for 11 s. when he was before my Lord Mayor he said a great many times, I am perswaded twenty, but a great many times he said he knew nothing of the spoon; and while he was denying having the spoon, I said to Mr. White, let us do all under one. I had a search-warrant and Mr. White and I went back and made use of Mr. Wilks's name and searched the house; she said the spoon was not there; and she spoke to the maid, and then Mrs. Wilks produced the spoon.

Q. You say you made use of his name?

Nash. Yes I did, or I had not had it.

Q. You acted very cunningly in this?

Mary Clayton . I am servant to Mr. Wilks, one morning about nine o'clock a young woman in a brown camblet gown brought a spoon to sell, and my master bought it.

Q. Was it bought in the open shop?

Clayton . Yes.

Pris. Co. Is there a back door there?

Clayton. No.

Pris . Co. Is it not a common passage for lodgers ?

Clayton. Yes .

Walter Blay . About the 13th of August last Mr. Wilks came to me, and said he had stopped a couple of watches that were stole, and that he stopped them from a woman.

Q. What time was this?

Blay. About seven o'clock in the morning, and he said if his wife had been at home he would have stopped the woman.

Q. What business are you?

Blay. I am a blacksmith.

Q. Did you go with Mr. Wilks to Mrs. Pilgrims ?

Blay. Yes.

Q. Did he carry the watches there?

Blay. Yes, and he said he desired no more than what was his due, according to proportion.

Henry Simmonds . I am a painter: he told me he had stopped two gold watches, and that he would carry them to the owner at a convenient time.

Q. Did he shew you the watches?

Simmonds . Yes, I believe he did, for I saw two.

Q. What is his general character?

Simmonds . His character is very good; I never heard any thing against his character 'till this thing, and what ill-natur'd people will say.

John Stephens . I was at Mr. Wilks's on the Saturday, and saw two gold watches.

Q. Did he say how he came by them?

Stephens . He said he stopp'd them the day before.

Q. Did he not say any thing of his carrying them home?

Stephens. He said he would carry them home the next day.

Q. Why did not you stop the woman?

[A person who stood by said it was not in the warning from the Goldsmith's Company.]

Q. What character has he?

Stephens . A very good character ,

Q. to Mary Clayton . Which way did the woman go out when she brought the spoon?

Clayton. At the fore-door.

Mr. Gosling. I am a goldsmith, I have known Mr. Wilks 20 years, and he had always a good character; I knew him an apprentice; his master is ill of the gout now and can't come.

Mr. Carrington. I have known the prisoner about twelve years, and have dealt with him, and I take him to be an honest man.

Q. Do you think he would receive stolen goods knowing them to be so?

Carrington. I never heard any such thing of him.

George Ashmore . I have known Mr. Wilks fifteen years, and he bears a very honest character , I never heard any body give him any other character .

Mr. Handy. I have known the prisoner above seven years, and have bought goods of him several times, and I never heard any thing bad of him before now.

Mr. Catmore . I have known the prisoner many years , and have been pretty intimate with him for five or six years, and he has a very honest character ; I never heard any thing to the contrary ; I have bought goods of him, and he sold them me at common market-prices .

Mr. Templeman. I have known the prisoner ten years, and take him to be as honest a man as any in the parish.

Guilty .

445. + Mary Davis , of the parish of St. Botolph Bishopsgate , was indicted for assaulting Benjamin Thrumpton on the king's highway, putting him in fear, and taking from him a silk purse , value 2 d. sixteen guineas, and fourteen shillings in silver, the property of the said Benjamin Thrumpton , June 20 .

Benjamin Thrumpton . The prisoner robbed me of sixteen guineas, and fourteen shillings in silver, in a silk purse.

Q. Was this in the night, or day?

Thrumpton. It was between 10 and 11 at night.

Q. You must describe how the robbery was committed.

Thrumpton. On the 20th of June I was coming down Houndsditch with my wife, and the prisoner and a man came along together, and pushed against us: I had my wife by the arm, and after they had passed us, they turned about, and rushed against me again.

Q. Did they say any thing to you?

Thrumpton. No; and I went along till I came near Bishopsgate , within two doors of Houndsditch, just by a pastry-cook's shop. Then the prisoner at the bar, and the man that rushed against me, knocked me in the face , and my wife in the face, and I thought they had no good intention; and then he came behind me, and gave me a blow on the side of the head with his fist , and knocked me down, and then put his knee at the pit of my stomach, and search'd it; there were 3 keys there, and he left them in it; and the prisoner came to the left pocket of my breeches , and pinched me by the throat, and almost throtled me; then she quitted my left pocket, and came to my right pocket, and took out my purse.

Q. Was the silver along with the gold?

Thrumpton. Yes; and when she had got the money, I saw no more of her .

Q. What became of the man?

Thrumpton. He gave me several blows on the side of my head, that the blood gush'd out at my mouth and nose ; and I thought I should have been murder'd, as well as lose my money; and then they made off toward, Bishopsgate. Some people ask'd me what was the matter; and I said, a man had knocked me down, and a woman had robbed me.

Q. How many people were there?

Thrumpton. There were about six people; and they said they thought it was a quarrel, and that the man was gone towards Bishopsgate .

Q. Did you say any thing to the people more?

Thrumpton. I only said I had been robbed.

Q. Was your wife knocked down?

Thrumpton . She was taken from me by another man, and carried down Houndsditch .

Q. When did you take the prisoner up?

Thrumpton . I had a warrant for her the 28th of June .

Q. What was the reason you did not take her up sooner?

Thrumpton. Because I could not find out her name before.

Q. Where did you take her up?

Thrumpton. At a house where she was a servant .

Q. What house was that?

Thrumpton . The Eagle and child in St. Martin's Le Grand.

Q. Did you know the prisoner before?

Thrumpton. I had seen her several times before.

Q. When did you see her before?

Thrumpton. I had seen her several times in Bishopsgate-street .

Q. Who told you her name?

Thrumpton. Several people up and down.

Q. Who are those several people ?

Thrumpton. Her comrades in Bishopsgate-street: they are loose people of the town.

Q. What are you ?

Thrumpton. I am a cutler by trade , and belong now to Billingsgate , in the fish business, and meeting business: I live in Spittle-fields .

Mrs. Thrumpton. I had been at Twickenham, and after I came off the water I met my husband at Billingsgate , and we met with the prisoner and a man, and they jostled against us.

Q. Where?

Thrumpton. Just by Bishopsgate; and when he came to the cook's shop he knocked my husband down ; and he had a pretty large bundle under his arm, and I took the bundle from him, and threw it into the pastry-cook's shop.

Q. Why did not you go in there?

Thrumpton. A little man in grey took me round the waist , and pulled me down Houndsditch; and he hit me a slap on the face, and run away .

Q. Did you cry out all this time ?

Thrumpton . I called out, Watch!

Q. Did you see any body else but the watch?

Thrumpton . No; only the watch .

Q. What did you do then?

Thrumpton. I looked about for my husband , and found him in the crowd .

Q. Did you say any thing to the people at the pastry-cook's shop?

Thrumpton. I told the gentlewoman of the shop.

Q. How did you know your husband was robb'd?

Thrumpton . Because he told me he was robb'd.

Charles Wellings . I was in an office on the 22d of June, at the time this thing was done; there was a warrant granted against Mrs. Davis the prisoner , and I saw Mary Davis , and one Mrs. Alexander, coming out of the Duke William's-head at Hoxton, opposite to the alms-houses.

Q. What trade are you?

Wellings. I am a weaver. Said I, Mary, how came you to be here? for I knew she could not afford to spend much money. And she said, did not you hear of my Find?

Q. What Find?

Wellings. She said there were two men upon the ground, and she thought she heard some half-pence fall; and that she got a candle, picked them up, and gave them to Mr. Thrumpton, the undermost man.

Q. Did she know him?

Wellings She said she gave the half-pence to the undermost, and then she said she kick'd something before her , and took up a purse; and she said to one William Powell , that it was a blue silk purse, and that there were 16 guineas , and 14 shillings in silver, in the purse ; and she said she put it into her bosom, and went to her lodging in Widegate-alley; and her landlord seeing her a little in liquor, said, if she would give it to him, he would give it her again in the morning : and she said, in the morning he gave her 11 guineas, and kept 5 guineas and the silver .

Q. What did he do with the purse?

Wellings. The landlord gave her the purse with the 11 guineas, and I said, Moll, if the half-pence were the man's, the purse must be his. Why did not you give him the purse? And she said, what was better than a Find? And I said to her, you know there is a warrant against you; why don't you surrender yourself? And she said, she would not. And I said, I would take her. Then a trembling, and said, For God's sake don't take me. And afterwards she said, I was out of my office, and had no business with her. I saw, every one was an officer to take a thief; but there, two men, I was frightened, and let her go against and about a week afterwards. I met with her against then we went and took her, at the Eagle and in St. Martin's Le Grand. I went to Mr. Thrumpton, and said, you must come now, for the is in hold; and he went into the room where the prisoner was, and there were several other women in the room; and he said to the prisoner, you are the person that took my money .

Jane Taylor . I live by Devonshire-square in Bishopsgate street; the prisoner has sent me a subpoena to come and swear for her, and I knew nothing of the quarrel at all; and I would not take a false oath for the world.

Prisoner. She was at the counter three times with me.

Taylor. I was at the counter but once, and I heard the prisoner say she found 16 guineas and 14 shillings; that is all I know of it.

John Rowley . I am a watchmaker, and live at London-wall; I have known the prisoner 5 or 6 years , and she is as honest a creature as ever I knew in my life; and sometimes I have the value of ten pounds in goods; and she came constantly to her work, and I never miss'd the value of a pin's point, tho' it was in her power to wrong me; and she has work'd for me 4 or 5 years.

Q. Did she use to be given to tipling?

Rowley. No; she is a very sober woman.

Acquitted .

446. + Thomas Bacon , of Stepney , was indicted for stealing a pair of silver buckles value 6 two handkerchiefs value 2 s. a looking glass in a shagreen case value 18 d. and 5 pounds in money, the property of Susannah Sterry , in the dwelling-house of Mary Coster , September 4 .

Susannah Sterry . I lodge in Mrs. Coster's house, and was to pay her a shilling a week .

Q. When did you go to lodge there?

Sterry. The 2d of September .

Q. Did you lose any thing on the 4th of September?

Sterry. I lost upwards of 5 l. that was in a bag in my room, and I had been there but two days; and my boxes were broke upon, and were found under the prisoner's bed .

[Mrs. Sterry is the prisoner's mother, and Mrs. Coster and the prisoner are brother and sister, and all lived in the house together.]

Sterry. The prisoner was out of place, and went out on Sunday in the morning, and was seen walking in the church yard full of money, and went and paid his debts ; and a pair of silver buckles, two handkerchiefs, and a small pocket lookingglass, which are mine, were taken out of his pockets.

Q. Do you know what money was taken out of his pocket?

Sterry. I can't tell.

Q. to Mr. Harris the Constable. How much money did you take from the prisoner?

Harris. I took 4 l. 6 s. from him.

Sterry. There was in the box 3 guineas , and 2 half guineas, and some silver, to the amount of upwards of 5 l. and when the prisoner was before the justice he said, he thought it to be his mother's money; and that he thought it was no crime to rob his mother. I went out, and lock'd the door, and took the key, and the door was lock'd when I came home; which made me surprised when I found that my box was gone, and the key that he opened the door with was found in his pocket.

Q. Did you see it taken out?

Sterry . I did, indeed.

Q. What are you?

Sterry . I go out to service. I have liv'd in merchants families 8 years, and never was out of place a fortnight at one time in my life.

Mr. Harris (Constable.) I was called out of my house about 7 o'clock on Sunday evening, to take the prisoner; and I went to Mr. Bradshaw's in Cut-throat-lane by Cock-hill, Ratcliff-highway, and found him there, and took him. 'Tis a publick house, but there's no sign. I search'd him, and found 2 guineas and an half in gold, 11 half-crowns, one shilling, and 10 sixpences, and the other things mentioned by Mrs. Sterry; and he was carried to the watch-house that night, and committed on Monday morning: and he desired I would go to Stepney, to see whether the key he had would unlock the room where the prosecutor liv'd, and it unlock'd the door better than the key that was made for it.

Guilty, 39 s

[The Foreman of the Jury said that the reason of their bringing in so favourable a verdict was, out of compassion to the mother and the family, and not in regard to the prisoner.]

[Transportation. See summary.]

447. + John Roberts , otherwise Rumph , of St. Luke Middlesex , was indicted for breaking and entering the dwelling-house of Henry Green about the hour of 2 in the night, and stealing a stuff damask gown, value 21 s a cotton gown, value 8 s. a cloth cloak, value 8 s. a pair of shoe-buckles, value 12 s. 6 d. a stock buckle, value 18 d. three spoons, value 6 s. and an apron, value 5 s. the property of Henry Green , July 11 .

Henry Green. On the 11th of July last my wife and I lay out of the house; the house was broke open, and I lost the goods mentioned in the indictment; and the buckles were found at one Mrs. Franks's on Labour-in-vain hill, where he had pawned them.

Q. Did he confess any thing to you?

Green. No .

Mary Green. July 11, between 7 and 8 in the morning , I found the window-shutters broke open.

Q. What, the inside or the outside window-shutters ?

Green. The outside shutters.

Q. What, were they broke so that any body could get in?

Green. Yes; and I found this gimblet lying upon the table. My husband and I did not lie at home that night, for I went to secure my sister's house.

Q. Have you got your things again?

Green. No; the constable has them. I saw them at the pawn-broker's.

Q. What time did you shut the shutters?

Green. Between 8 and 9 at night; I fastened them all myself.

Elizabeth Alcock . The prisoner sold me a stock-buckle , and I gave him 1 s. 10 d. for it [this was owned by the prosecutor.]

Mrs. Franks. On the latter end of July the prisoner brought 2 gowns and a cloak to pawn.

Q. Where did he tell you he had them?

Franks. I knew the man, and I asked whose they were; he said they were his wife's, and I lent him a guinea upon them.

Thomas Ind . I am a servant at Clerkenwell bridewell ; when the prisoner was brought there, I told him, if he had any accomplices, he had better make himself an evidence; and before justice Hole he said he had broke the window-shutters open; and that he had two persons with him, and that one of them was Black Sam He own'd he pawn'd the gowns to Mrs. Franks, and he confessed taking all the things except the buckles. I thought he would have been admitted an evidence, for there are two other persons in custody now for this fact , who are old thieves: and he made an information before justice Hole of one Black Sam, one Pollock, and himself.

Guilty , Death .

448 + Robert Flaman of Hampstead was indicted for assaulting Elizabeth Green in a certain place called the Holy Walk , in or near the King's Highway , putting her in fear, &c. and taking from her a gold repeating watch, value 30 l. the property of William Green , July 27 .

[ The prisoner said he would not give the court any trouble and would plead guilty to the indictment, but was advised to take his trial.]

Elizabeth Green. On the 27th of July about five o'clock in the afternoon, the prisoner robbed me of a gold repeating watch in the Holly Walk at Hampstead .

Q. Are you sure the prisoner is the person?

Green. Yes.

Q. What did he say to you?

Green. He swore an oath and demanded my watch, and then he took it from me.

Q. Have you got your watch again?

Green. Yes.

Q. How came you by it?

Green. It was found on Sunday evening following [31 July.]

Q. Who found it?

Green. A man that followed him.

Q. When was he taken?

Green. In about a quarter of an hour.

Pris. Co. to Mrs. Green. I think, madam, you have got your watch again, and you have lost nothing else?

Green. Yes.

Pris. Co. I am instructed to say the prisoner is heartily sorry for what he has done, and desires to call some persons to his character.

John Platt . The prisoner is a young fellow that came of an exceeding good family, and I believe it to be the first fact that ever he committed.

Walter Hayter . I have known the prisoner a great many years, and he always behaved well, and with an exceeding good character.

Q. Do you believe this fact that he is charg'd with to be the first fact he has committed?

Hayter. I do believe it to be the first?

Q. What is he?

Hayter. He belonged to the sea.

Pris. Co. to Mr. Green. I think, sir, you are the husband of the lady that was robbed?

Green. I am.

Q. What do you know of the prisoner?

Green. I know nothing of him myself, but I have an exceeding good character of him from several gentlemen in the City, and I do with respect to his family beg the favour of the Court that he may be recommended for mercy.

Guilty Death .Foreman of the Jury. My Lord, we join our assistance in the recommendation of him .

449. + Martha Jones , of St. Dunstan's in the West , was indicted for stealing 17 yards of Scotch cloth, value 17 s. the property of John Broome and John Usborne , August 2d .

John Broome . On the 2d. of August I was in my Warehouse and saw the prisoner in the forepart of my shop; she ask'd if I sold Scotch cloth, I said if she went to the other side of the shop she might have some; but she went another way, and that gave me suspicion of her: I went to my warehouse window and told the pieces over and I miss'd one; she was trotting up Johnson's court, and I said, Mistress, you have got something that does not belong to you; I took her into my shop, and left her in the possession of my people, and this gentleman here took it up and brought it to me.

Mr. Pistol. I was coming through Gough's square, in order to come into Johnson's court in Fleet-street , I found a piece of cloth standing up edge-way against a wall; when I had taken up the piece, I turned about and saw no body either behind me or before me, I put it under my arm as I may do my hat, and Mr Broome came out and said, You are a very good evidence, and he claimed it as his own, and I went into the shop with it.

Joseph Styles . Mr. Broome brought the prisoner into the shop , and said he believed the prisoner had taken something out of the warehouse , and the prisoner desired he would not do any thing to her, for it was the first fact.

Mary Skerrard and Mary Birch had not known the prisoner long, but gave her the character of a sober honest woman.

Guilty 10 d.The jury recommended her for corporal punishment, being a miserable object .

[Whipping. See summary.]

452. + Robert Salmon , late of the same place, labourer , were indicted, for that they with divers other persons after the 24th day of July, in the 19th year of his Majesty's reign, to wit, on the 8th of November last, at Benacre in the County of Suffolk , did with fire-arms, and other offensive weapons, riotously , unlawfully and feloniously assemble themselves together, and did rescue James Holt out of the hands of the officers of his Majesty's customs; and that they on the 11th day of March in the year 1746, at Horsey in the county of Norfolk, did with firearms, &c. riotously, unlawfully and feloniously assemble themselves together in order to be aiding and assisting in running and landing uncustomed goods , &c .

They were a second time indicted for being assembled together with fire arms, &c. with an intent to rescue the said James Holt out of the hands of the officers of his Majesty's customs .

They were a third time indicted for not surrendering themselves according to the Act of Parliament; against the Peace , &c .

Willam Bailey sworn .

Co. for the Crown. Do you know James Holt ?

Bailey. Yes, but not 'till the smugglers called him by his name; there were several smugglers there.

Q. Was you at Horsey on the 10th, 11th , or 12th of March?

Bailey. I went into the town on the 10th of March, and saw James Holt on the 10th of March, and I had been at my friend's house; but a little before the house was broke open and I fled to the bar.

Q. What had Holt in his hand?

Bailey. He had fire-arms in his hand; I am unacquainted with the names of fire-arms, but he had a piece in his hand about the length of this stick, and I did expect he would shoot me.

Q. What did they come for besides?

Bailey . They came to run goods.

Q. Was this on the 10th of March, or the day after ?

Bailey. The day after; I was got into the bar, and they could not find me at first, for they thought I was come as a spy, and cut my face in a terrible manner, and beat me with a leather belt; I went to bed, and after I was in bed they came to the door and knock'd for me, and the landlord said he is in bed, and he will be quiet if you will let him be quiet: the only man that I can swear assaulted me was Holt.

Q. Did they take you away?

Bailey. Yes, and I said to the farmer as Shakespear said, I am going I don't know where I am going, or how I am going; I said I believed they had a design to take away my life, and I said don't put me to this terror; if you intend to do it, do it at once; and one of them asked me if I had a handkerchief, and I said I had . About one o'clock on the 11th of March in the afternoon there was a cutter came in, and they had spyingglasses . Said I, you are a parcel of blind Sons of whores, for there is your cutter; and Holt said, where are my arms?

Q. How many had arms?

Bailey. There were 45, and I saw Holt and the rest of the company armed.

Q. How many had arms?

Bailey . I am sure most of them had arms.

Q. Did you see any boat come on shore?

Bailey. Yes.

Q. What goods were in it?

Bailey . Tea and Brandy, as I took it to be.

Q. How was the tea packed?

Bailey. In quarter bags, the common package , in oil-skin bags; and the brandy was in casks about four and a half, or five gallons in a cask.

Pris. Co. Have you seen this James Holt since?

Bailey. No.

Q. Did you hear his Christian name?

Bailey. Sometimes they called him Holt, and sometimes James Holt, here's to you.

Q. I desire to know why his name may not be John Brown?

Bailey. You know best, because you are a Counsellor at law. I know that Holt was parish-clerk at Benacre in the county of Suffolk.

Q. How came you to follow them down to the beach?

Bailey. Because they had used me very ill, and I was willing to make the most of them; for they took me along with them in order to hold their horses.

Court . You say they call'd him James Holt; did he answer to that name?

Bailey. Yes .

Pris. Coun. The casks might hold French wine, might not they?

Bailey. They might, for what I know.

Q. Might there not be gunpowder in the casks?

Bailey . There might , for what I know.

Q. Do you know Yarmouth in Norfolk?

Bailey . Yes; I lived there.

Q. How far is that from Benacre ?

Bailey. Nine miles .

Q. Did you ever see Holt there?

Bailey . Yes.

Q. What was he doing?

Bailey. He was walking in the market, and some-body said, there is the parish-clerk of Benacre .

Q. Did you hear Holt say they were going for tea and brandy?

Bailey. No; I did not.

Q. Did they say where the cutter came from?

Bailey. They said from Flushing .

Q. Was this in Holt's hearing?

Bailey. Yes.

Q. Did they tell you what was in the cutter?

Bailey. No.

Benjamin Brandson sworn.

Co. for the Crown. Do you know Holt?

Brandson. Yes; I was the man that apprehended him the 8th of November.

Q. Was he parish-clerk of Benacre then?

Brandson. Yes.

Q. What time was this?

Brandson. Last November. After divine service was over, I went to him, and took hold of him, and said he was my prisoner, and took him to Samuel Cullington 's, the Walnut-tree at Benacre ; and about an hour, or more, after I was there, William Denny Fox came there; and there were several to his assistance, and Fox demanded Holt of me.

Q. Had he any arms?

Brandson. I did not see any; and he said, if I took Holt, I should keep his family; and I said, those that brought him to destruction, should keep them: and there was a man came there with firearms , who was a rider to Fox.

Q. What, a smuggler's rider?

Brandson . 'Tis a title they give themselves to ride for to sell goods. There was a fellow levelled a blunderbuss at me, and I stepped into Cullington's house at Benacre , and there was one Goodwin there ; and I asked him whether he would stand by me; and he said, he would die with me; and Fox and the other run away. I had a design to take Holt behind me, and carry him to Leostoff , where I had some acquaintance, but we went to Kessingland, to the house of Charles Welch , and kept my prisoner till near 12 o'clock. I had a dread upon me that they would come to rescue Holt, for I heard they were upon the road; and I said I would get a horse, and get him out upon the road, and carry him to Leostoff.

Q. What time was this?

Brandson . About 11 at night; and the smugglers came up to the house about 11 o'clock at night .

Q. How many were there of them?

Brandson. About twelve; they spoke to Holt, but I did not hear him speak to them.

Q. Did you know any of them?

Brandson. I knew one Leader.

Q. Did you know him by his voice, or by his person?

Brandson. By both.

Q. When Welch's house was so beset, what did you do then?

Brandson. I intended to go to the back-side of the house to get fire-arms, that I might be a match for them, for I would have parted with my life rather than have parted with Holt. They fired into the house afterwards, and they killed two horses.

Q. What is the man that keeps the house?

Brandson. He is a carpenter. They got a crowiron, and knock'd the horses on the head. One died directly, and the other died the next day.

Q. Who were with you?

Brandson. Henry Ellis , and Charles Gorvin .

John Goodwin sworn.

Co. for the Crown. Do you remember the taking up of James Holt ?

Goodwin. Yes; Mr. Brandson and I were at Samuel Cullington 's at the Walnut-tree at Benacre , and then we went to Kessingland .

Q. Do you remember whether any body came there?

Goodwin. Yes; William Denny Fox came up to the door with one Mr. North, and I went to the door, and I said to Mr. Denny, who is saucy now.

Q. What was the reason of that?

Goodwin. Because he had told me I was saucy to the smugglers.

Q. Do you know any thing of one that was called Fox's rider?

Goodwin. Yes; and he had a brace of pistols, and a carbine.

Q. How long did he stay?

Goodwin . He stayed but a very little while, and went out of the room with several armed men; and Mr. Brandson said to me, will you stand by me? And I said yes, I would die with him. And about 12 o'clock there came a number of persons to the door in a disorderly manner [ Charles Welch 's at Kessingland .]

Q. How many might there be of them?

Goodwin. There might be about a dozen. I had one Burkitt, and one Swanzey with me; and the smugglers threatened me, if I spoke another word, what they would do.

Q. Did they fire?

Goodwin . Yes.

Q. Did they fire all at once, or at different times?

Goodwin. At different times.

Q. Do you think such a fire could be made by less than 3 people?

Goodwin. No, nor by 3; there must be more than 3.

Charles Welch . I keep the house at Kessingland where Mr. Brandson and Mr. Goodwin were at 8 at night, and Holt was there as a prisoner. I heard some horses come up, and my wife and I were afraid; for there was a firing at the windows, and there were two children lying in the room that they fired into. They fired one piece, and then said, D - n your b - d resign your prisoner.

Q. Do you know whether any of the prisoners fired?

Welch . No.

John Leader sworn.

Coun. for the Crown. Do you know William Denny Fox ?

Leader. Yes.

Q. Do you know Jefferys?

Leader. Yes.

Q. Do you know Robert Salmon ?

Leader. Yes. [He pointed to each of the prisoners, and mentioned their names.]

Q. Was you in company with any of them the 8th of November last?

Leader. Yes.

Q. Give an account of what you know, that was done then.

Leader. Christopher Fox , Denny Fox 's brother, said I must go along with him to my master [ William Denny Fox ] at the Walnut-tree ; this was between 4 and 5 o'clock.

Q. Who was there?

Leader. There was Fox, Jefferies, and Salmon, and one Thomas Smith ; and Denny Fox sent me to get the smugglers together.

Q. Did their number increase?

Leader. Not till they came to the King's-head at Kessingland .

Q. Did you go with them?

Leader . I went with Jefferys, Christopher Fox , and Thomas Smith .

Q. Before you came to the King's-head at Kessingland , had this company any arms?

Leader . William Denny Fox ordered me to fetch his arms.

Q. What arms were there?

Leader. Four brace of pistols, four carbines, a cutlass , and two long guns.

Q. What horses did he bid you bring?

Leader . Three, besides the bay-cropt horse.

Q. What did you do with the arms?

Leader . They were delivered to William Denny Fox , at Mr. Cullington's at the Walnut-tree, and Fox delivered them out to the others.

Q. Were any arms delivered to Jefferys?

Leader. Jefferies had a brace of pistols and a carbine, and Fox sent Robert Salmon to the King'shead at Kessingland .

Q. Did Salmon come after the firing, or was he there then?

Leader. He was there in company at the firing into the house.

Q. Had he fire-arms then?

Leader. I did not see that he had any then. William Denny Fox sent four of us away before, and he said, Mount, all of you; go away, and fire at them; there was Jefferys, Smith, Christopher Fox , and myself, there; and old John North said, Fire all: and he said, D - n you, Holt, bring the rogues out.

Q. What rogues did he mean?

Leader. The king's officers.

Q. What time did they leave off firing?

Leader. About one o'clock.

Q. So the siege lasted about an hour?

Leader. Yes; and then they took Holt away in the middle of them, and carried him to Benacre Walnut-tree .

Q. Who was at the Walnut-tree when you came back?

Leader . There was William Denny Fox , and several more that I knew, and he commended them for doing it.

Pris. Co. Who delivered these arms to you?

Leader. Mrs. Fox, Denny Fox 's wife.

Q. Who delivered the arms out afterwards?

Leader. Denny Fox did.

Q. Do you know one Mr. John Carr ?

Leader. No, I don't know him?

Q. Had you never any conversation with him?

Leader . No.

Samuel Cullington . I keep the Walnut-tree at Benacre . On Sunday the 8th of November Benjamin Brandson brought Holt to my house, and I saw him take him away.

Co. for the Crown. Do you remember Leader's coming there?

Cullington . Yes, and I heard Denny Fox give him orders to go to his house for arms; and he brought pistols and blunderbusses, and he deliver'd them to Mr. Denny.

Q. What did he do with them?

Cullington. He delivered them to the other people, as they came in.

Q. For what purpose?

Q. With respect to this Holt's being rescued from the King's officers.

Q. Did you hear him say so?

Cullington . Yes.

Q. How many were there of them?

Cullington. I can't tell the particular number; there might be ten or a dozen.

Q. I think Denny Fox stay'd at home?

Cullington. Yes, he stay'd all the time they were gone, and when they came back they brought Holt with them, and then Denny Fox mounted his horse and rode off with the smugglers arm'd.

Q. What arms did Denny Fox deliver to Jefferys?

Cullington. I don't know.

Q. Was Salmon at your house?

Cullington . I did not see him with any arms at all.

Q. to Leader. Did you see Salmon before the firing, or after?

Leader. Soon after the firing was over.

Prisoner's Defence.

William Eastwick . I saw Jefferys on the 8th of November last, and he was at my house at Charterly four miles from Benacre , from twelve at noon 'till five at night.

William Simmonds . I was at Jefferys's father's house in company with him, from two 'till about twelve o'clock at night, and left him at home.

Q. Did you see no body come to him?

Simmonds . No.

Q. Were you in a room by yourselves?

Simmonds . Yes.

Q. You say you stay'd with him 'till twelve o'clock at night; how far do you live off him?

Simmonds . About three miles.

Q. Was you in the room with him all the time?

Simmonds . I was with him from two 'till twelve, and was not a quarter of an hour from him all the time.

Q. What room did you see him in?

Simmonds. In his father's kitchen.

William Salmon . I am a wheelright, and live at Beccles and keep a grocer's shop.

Q. Do you sell any tea?

Salmon. No.

Q. What! a grocer, and sell no tea?

Salmon. No, nor will sell any?

Q. Did you see Jefferys the 8th of November?

Salmon . I was at Jefferys's father's house all the afternoon from two o'clock 'till twelve at night.

Q. Who was there?

Salmon. The prisoner's sisters.

Q. Who was there besides?

Salmon . My wife was.

Q. Has Jefferys a father living?

Salmon. Yes.

Q. Did they all stay with you all the afternoon?

Salmon. The prisoner did, but his sisters and my wife went out.

Q. How many rooms are there on a floor?

Salmon. Three; there's a kitchen, a bed-chamber and a parlour.

Mr. - . The prisoner Jefferys came to my house on the eighth of November about six in the evening: he had a brace of pistols to my knowledge; I don't know who deliver'd them to him.

Q. to William Salmon . Was the prisoner's father there?

Salmon. Yes.

Q. How many sisters has he?

Salmon. There are four sisters and a brother-in-law.

Q. Were they backwards and forwards all the day?

Salmon . Yes.

Elizabeth Salmon . I am wife of the last witness.

Q. Where was you on the eight of November last?

Salmon . I was with my husband at Jefferys's father's house, from one o'clock in the afternoon 'till twelve at Night.

Q. Was not he out all the day?

Salmon . No.

Q. How came you to remember it?

Salmon . Because there was a narration about a riot the next day.

Q. When was this riot?

Salmon . On the Sunday night.

Elizabeth Moore (the prisoner's sister.) I was at my father's house on Sunday the eighth of November; I went about two in the afternoon, I stay'd all the day, and lay there all night.

Q. What time did you go to bed?

Moore. At twelve o'clock.

Q. How came you to lie there all night?

Moore. Because I had a young child with me, and did not care to go home so late.

Q. How came you to remember the day?

Moore. Because I heard there was a talk of a riot next day.

Co. for the Crown. What time of the day did William Salmon come?

More. He came a little after me.

Q. Did you go to bed, do you think, so soon as twelve o'clock?

Moore. I believe about twelve.

Q. Did you go to bed before or after him?

Moore. After him.

Q. Did you see him go to bed?

Moore. No.

Q. Where did you lie?

Moore. In the same room along with him.

John Carr sworn.

Pris. Co. Do you know John Leader ?

Carr. Yes. [He pointed to him and said that this is John Leader .]

Co. for the Crown. Do you know that man Carr?

Leader . I never saw him in my life before?

Pris. Co. to Carr. How long have you known Leader.

Carr. About twelve days last Tuesday evening I had occasion to go to the other end of the town, and went to the White Hart in Rosemery-lane , and I had eighteen-penny worth of punch: Leader came in and sat at the other end of the table; and I said, My lad will you drink a glass of punch; and I ask'd his partner that was with him; I was going away, and went to pay for the punch, and he said I should not go 'till he had his in.

Q. What are you?

Carr. I belong to a private ship of war: I was a lieutenant of marines; and another man came in and they began to be very merry; and he said he hoped he should have a good dinner on Thursday or Friday; I ask'd him whether he belonged to the Sea, he said no; and he said he had got four men in Newgate, and he was to swear their lives away: I ask'd him whether he knew them, he said he knew some of them, and some he did not know , he said he had been shown them twice, and he should be shown them twice more; and I said, if you know the men you do well to do this, for the service of your king and country; and he said afterwards in farther conversation, that he did not do it for the good of his king and country, but only for the sake of a reward.

Q. What regiment did you belong to?

Carr. I was an adjutant in General Haughton 's regiment, a new-rais'd regiment.

Q. Where do you live?

Carr . I live next door to the Blackmoor's Head in Clare-market.

Q. Did he tell you the names of those persons that he was to swear against?

Carr. He said there was one Fox, one Jefferys, and one Salmon.

Co. for the Crown. Do you know Mr. Kelly?

Carr. Yes, I have known him these two years.

Q. When did you see Leader last?

Carr. The day before yesterday.

Q. When was you last in company with Mr. Carr. I believe I have neither eat nor drank with him within a week or a month, and I don't know that I have been in company with him these three months.

[There was a person said he knew him a great while in the Guards.]

Q. Are you an Englishman!

Carr. No, Sir.

Q. What are you, an Irishman ?

Carr. Yes.

Co. for the Cro. Was not you surpriz'd at a man giving you such an account as this, and at the first time of his acquaintance too?

Carr. Yes I was, and he said he was to have 800 l. and he said he would give some of the money to his father, and buy an estate with the rest; and he said he had 50 l. owing to him now by the government; he said he had seen Fox, and he was a little man.

Mr. Noake . Last Thursday night I happened to be at the White Hart in Rosemary-lane.

Q. Where was you born?

Noake. I was born in London.

Q. Who were there?

Noake. One Fox, one Griffith and one Solomon, and I think Mr. Carr was there, and Leader said he was to have six or eight hundred pounds, but I cannot tell which, and he said he was to swear against some people; that he had been shown them twice, and that he should be shown them twice more.

Q. Did you ever see Leader before?

Noake . I have seen him before there, for I used to pass away a little time with a shipmate of mine in playing at skittles, and he forced his discourse to me and ask'd me what I was; and I said I was a barber and perriwigmaker, but I had belonged to the sea; and he ask'd me whether I would undertake a thing.

Q. What was it that he wanted you to undertake?

Noake. He said it was to swear against some persons; I said I would not do it; and he said you fool 'tis no harm at all; I have some people in Newgate only swear for me, and I will give you five guineas in hand, and a promissory bond for 20 l. more.

Q. What was he to give you the 20 l. for?

Noake. For swearing against these people if they were convicted, and he would have sent me to Newgate to see them in order to convict them.

Q. Did you see Carr before this?

Noake. I never saw him in my life before.

Q. Did you tell Mr. Carr of it?

Noake. Yes.

Q. What did Mr. Carr say?

Noake. He said, this ought not to be concealed for the world; for it was a piece of justice to discover it.

Co. for. Cro. Where do you live?

Noake. In Litchfield-street Soho; I am a journeyman barber.

Q. What is your master's name?

Noake. Rogers.

Q. Don't you think this was a bad thing, to persuade you to take a false oath?

Noake. Yes, to be sure.

Q. Why did not you take him up?

Noake. Because I did not know so much then.

Richard Ranwick sworn.

Co. for Cro. I think you are an officer of the customs.

Ranwick . Yes, Sir, I am a riding officer.

Q. Do you know of any confession that was made by Mr. Jefferys, with respect to this rescue?

Ranwick . Mr. Jefferys the prisoner confessed it to Mr. Brandson and I.

Pris. Co. Was it reduced into writing?

Ranwick . We put it into writing. He said he would confess who were there, and hop'd he should be an evidence for the king. And he own'd that he was at the rescue of Holt, and gave us an account of the names of several persons who were present, which I have here; and he bid me put his own name down first.

Fox and Salmon Acquitted , Jefferys Guilty , Death .

453. + Jonas Seabrook , and 454. + Elizabeth Fisha ,

of St. Mary Aldermanbury , were indicted for stealing a silver quart tankard, value 6 l. and a silver pint mug, value 4 l. the property of Bartholomew Hose , in his dwelling-house .

Bartholomew Hose . I lost in July a silver quart tankard, and a silver pint mug.

Q. Where do you live?

Hose . I live in Aldermanbury ; I am a corn-chandler .

Q. Where were these when you lost them?

Hose. They were in a little room adjoining to my shop.

Q. Have you got them again?

Hose. The tankard is in the constable's hands, the mug is in my possession.

Q. Where did you find the mug?

Hose. I found the mug in Colchester-street Goodman's-fields, and the tankard was found, I believe, upon the woman [The constable produced the tankard, and Mr. Hose the mug, which he said were his property.]

Mrs. Montgomery . The prisoner Fisha brought the tankard to my house one night about 7 o'clock, and gave Seabrook orders either to pawn it, or sell it, as he thought proper.

Q. Do you know any thing of the mug?

Montgomery . The tankard and the mug were in Seabrook's custody all that night.

Pris. Seabrook's Coun. Were not these pieces of plate in your custody?

Montgomery . No.

Pris. Co. Don't you live with Seabrook?

Montgomery . Yes.

Q. What, as a companion?

Montgomery . Yes.

Robert Marcrost . I detected the prisoner Fisha, with the tankard in her lap.

Q. Did she say who she had it of?

Marcrost. She did not at first, but afterwards she said she had it of Seabrook.

Pris. Co. Who was with Fisha when you found the tankard upon her?

Marcrost. Seabrook was.

Q. Did you take them?

Marcrost. I took them both on the 28th of July in Upper Moor-fields.

Q. Did Seabrook at any time acknowledge any thing about them?

Marcrost . He owned he had them in his custody.

John Blackwell . I was an officer in that liberty, and was sent for to Mr. Marcrost's, and there were the two prisoners; and I asked them whose property the tankard was. Fisha said it was not her's, and Seabrook said it was not his; so I took them into custody.

Fisha Acquitted , Seabrook Guilty, 39 s.

[Transportation. See summary.]

455. + Francis Andrews was indicted upon a suggestion, for not surrendering himself according to the direction of the act of parliament of the 19th year of his Majesty's reign, and according to the order of council, within forty days after the first publication of the said order in the London Gazette .

The several issues contained in this suggestion the prisoner denied, and therefore it was incumbent on the part of the crown to prove them.

Mr. Charles Chaworth sworn.

Coun . for the Crown. What have you in your hand?

Chaworth . The information of William Sealy , taken before Justice Burdus the 13th of July 1747.

Co. for the Cr. Was you present when the information was taken?

Chaworth . Yes.

Co. for Cr. Did you see him sign it?

Chaworth. Yes; and he was sworn to the truth of it.

Co. for Cr. Was it read to him?

Chaworth. Yes.

Co. for Cr. Did Justice Burdus sign it?

Chaworth . I saw Justice Burdus sign it.

Co. for Cr. Was this information carried to the duke of Newcastle's office?

Chaworth. I carried it on the 16th of July to Mr. Ramsden, at the duke of Newcastle's office.

Pris. Co. Did you know this Sealy?

Chaworth. I had seen him before, and I have seen him in this court, and several other places.

Pris. Co. Did you see Sealy sign his name to it before Justice Burdus?

Chaworth. I did.

The information of William Sealy was read, viz.

'' That Francis Andrews , late of Debenham , in the county of Suffolk, labourer; William Rowland , with divers other persons, to the number of thirty, on the 20th day of May, 1747. at Benacre , in the county of Suffolk, were assembled with firearms, and other offensive weapons, and were aiding and assisting in running and landing uncustom'd goods; and that they did run about twenty hundred weight of tea, and about thirty half-anchors of brandy.

Sign'd William Sealy .

The certificate under the hand and seal of Justice Burdus , certifying that the said information was taken before him the 13th of August 1747. was read.

William Sharpe , Esq; sworn.

Co. for the Crown. Do you know any thing of an information made by William Sealy before Justice Burdus , being laid before the King in council?

Sharps . On the 7th of August 1747. I attended at the council at Kensington, and the duke of Newcastle brought it, and laid it before his Majesty in council; and his Majesty made an order to be immediately issued for the prisoner, and all the other persons mentioned in that order, to surrender themselves within forty days after the first publication of that order in the London Gazette: and I sent it to the printer of the London Gazette, to be published in the two next succeeding Gazettes.

Co. for the Crown. I defire Mr. Owen may be called to prove the publication of this order in the two next succeeding Gazettes.

[The order of council was read.]

Mr. Edward Owen sworn .

Co. for Cro. I think you are the printer of the London Gazette.

Owen . Yes.

Q. Had you any directions to publish any order of council?

Owen, I had an order, of the 7th of August, which I received from the council-office, to print it in the two next London Gazettes ; and it was published in the Gazettes of the 8th and 11th of August.

[The order of council published in these two Gazettes were read.]

Mr. Charles Stisted sworn.

Co. for Cro. What office did you bear in the county of Suffolk in the year 1747?

Stisted . The office of under-sheriff.

Co. for Cro. Do you know any thing of an order of council being sent down to the sheriff of the county of Suffolk?

Stisted . On the 10th day of August 1747. an order of council, which I now have in my hand, was brought to Ipswich by a messenger from Mr. Sharpe, a clerk of the council, to Mr. Robert Edgar , late high-sheriff of the county of Suffolk. Mr. Edgar sent for me, while the messenger was with him, and delivered the order of council to me in the messenger's presence; at the same time I wrote a receipt for it. Some short time afterwards, whether it was the same day, or the next, I can't be positive, my clerk made two copies of the order, which I examined with the original, and found them to be true copies. Upon the 16th of August I inclosed the two copies which I had before examined with the original order, in a letter, directed to William Smith , sheriff's officer at Beccles , and gave him full orders to proclaim the same, according to the directions of the act of parliament: I sealed the letter myself, and put it into the post-office with my own hand.

Co. for Cr. Are Leostoss and Beccles two market-towns ?

Stisted . They are both market-towns.

Co. for Cr. How far are they off Benacre ?

Stisted . I believe they are both within 5 miles.

Pris. Co. What distance is Leostoss from Benacre ?

Stisted . I believe about 4 or 5 miles.

Q. Did you write them?

Stisted . My clerk wrote 'em, and I examin'd 'em.

William Smith sworn.

Co. for Cr. In the year 1747. did you receive any order of council?

Smith. Yes.

Q. Who did you receive them from?

Smith. From the under-sheriff of the county of Suffolk.

Q. Did you make proclamation of them?

Smith . Yes; I proclamed them.

Q. Where did you proclaim them?

Smith. One at Leostoff , on Wednesday the 19th of August, between 11 and 12.

Q. What did you do then?

Smith. I nailed it up at the cross.

Q. What did you do with the other order?

Smith. I proclaimed that at Beccles on a Saturday, on a market-day, the 22d of August, between the hours of twelve and one, and nailed it up at the cross.

Cl. Arraigus . Gentlemen of the Jury, do you find all the issues contained in the suggestion for the King, or for the prisoner?

Jury. For the King .

Death .

Cl. Arraigus . Francis Andrews you stand attainted and convicted of Felony; what have you to say, why the Court should not award execution against you?

Pris. I know nothing of these things.

456. Elizabeth Fowler , otherwise Clements , was indicted for stealing a gold ring, value 20 s. the property of Anne Farrow .

Guilty .

[Transportation. See summary.]

457. John Legross , was indicted for stealing 80 pound weight of Lead, value 6 s. being a gutter fixed to the house of Thomas Moore , Jul. 7 .

Guilty .

[Transportation. See summary.]

458. Rose Handy was indicted for stealing 2 quilted petticoats, a black, velvet hood, 2 aprons, a shift, &c . the good of Patrick Fanner .

Acquitted .

459. David Lloyd was indicted for stealing 6 pewter plates, a shirt and a table-cloth , the goods of Richard Hinton , Aug. 24 .

Acquitted .

460. Clotilda Skales was indicted for stealing a guinea and an half, and 3 s. in silver, the property of Frederick Robank , privately from his person , September 5 .

The prosecutor not appearing she was acquitted .

461 Ann Mumpman was indicted for stealing 2 silver tea-spoons, one large Spoon, a shift, a shirt, a pair of stockings, 4 handkerchiefs, 2 pewter plates and a brass cock , the property of Arthur Granger , August 6 .

Guilty .

[Transportation. See summary.]

462. Michael Collins was indicted for stealing a silver tea-strainer, 4 silver spoons and a silver handled pen-knife , the property of Timothy Gard . August 12

Guilty .

[Transportation. See summary.]

463. Philip Cripps was indicted for stealing 10 s. and three-halfpence , the property of Thomas Cooper , July 26 .

Guilty .

[Transportation. See summary.]

464. Elizabeth Maccullough was indicted for stealing 2 spoons the property of Adam M'Coul .

Guilty .

[Branding. See summary.]

465. Sarah Mussum and 466. Piercy Jones ,

were indicted for stealing 2 pair of sheets, 2 shirts, 2 shifts, and 2 aprons , the goods of Charles Healy , July 26 .

Jones acquitted .

Mussum guilty .

[Whipping. See summary.]

467. Abigail Francis was indicted for stealing 2 yards of Cambrick, a guinea and 4 s. the property of Daniel Campbell .

August 5 .

The prosecutor not appearing, she was acquitted .

468. + Mary Wood was indicted for stealing a watch, value 3 l. the property of John Jackson , privately from his person .

Acquitted .

469. Elizabeth Davis was indicted for stealing a piece of leaden pipe with a brass cock , the property of Mary Carey , Sept. 3 .

Acquitted .

470. + William Buskett , 471. + James Richards , 472. + Robert Pace , and 473. + Daniel Marsh ,

of Sepulchres , were indicted for stealing a (regimental) hat, value 5 s. a stock, two Snuffboxes and a tobacco-box, the property of Thomas Mullady , privately from his person , August 31 .

The prosecutor deposed they were taken from him at three o'clock in the morning when he was asleep upon a butcher's bulk, and begg'd they would let him have the hat again, for he was in danger of having 500 lashes . One produced the hat, and it appeared they were all concerned in it.

Acquitted of privately stealing.Guilty of the Felony .

[Transportation. See summary.]

474. Francis Hutchins was indicted for stealing 16 pounds weight of small paper books, value 10 d. the property of his majesty.

Maddocks . I lost some paper books out of the victualling-office; she owned she took them, and believ'd them to be waste paper, and sold them to Mr. Royner [the prisoner belonging to the victualling-office and used to clean it.]

Acquitted .

475. + Abraham Solomon was indicted for stealing 18 lamb-skins value 12 s. the property of William Hardwick , privately in his shop , August the 18th .

Guilty, 4 s. 10 d.

[Transportation. See summary.]

476. Isaac Cohen was indicted for stealing 24 sheep-skins value 14 s. the property of Jonathan Coleman .

Acquitted .

477. Margaret Lacey was indicted for stealing a cloth cloak, a cotton gown, a petticoat, and a silver spoon, all about the value of 30 s. the property of William Tovey , July 29 .

Acquitted .

478. Elizabeth Brown was indicted for stealing a blanket and a sheet , the property of George Grum , July 19 .

Acquitted .

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

Received sentence of death 12.

John Armson 422

Thomas Atkins 403

Thomas Chestney 381

Robert Cunningham 427

Catherine Davidson 443

Robert Flaman 448

Richard Goulston 429

William Garner 440

William Jefferys , otherwise Jefferson 451

John Lancaster 386

John Roberts 447

Thomas Thompson 417

* Francis Andrews, 455. attained and convicted of Felony, did not receive sentence of death. The order for his execution must come from above.

Transportation for fourteen years 1.

William Wills 444.

Transportation for 7 Years, 31.

William Buskett 470

John Bow 382

James Brown 405

Alice Brown 428

Thomas Bacon 446

John Clarks 419

Michael Collins 462

Philip Cripps 463

Daniel Downey 420

Rice Fielder 395

Elizabeth Fowler 456

Samuel Hughes 441

John Hughes 421

Michael Johnson 438

John Kates 401

John Legross 457

Daniel Marsh 473

Ann Mumpman 461

Thomas North 423

Ann Nicholson 432

Francis Otter 404

Robert Pace 472

James Richards 471

John Roach 398

John Swanney 400

Jonas Seabrook 453

Abraham Solomon 475

William Taylor 416

Samuel Thompson 414

Ann Winfield 411

Catherine Winepress 431

Branded in the hand, 3.

Robert Chevin 442

Samuel Linton 415

Eliz. Maccullough 464

Whipped, 11.

Roger Durant 394

Elizabeth Hudson 389

Elizabeth Harland 434

Henry Haynes 425

Sarah Jackwest 387

Martha Jones 449

Isabella Messenger 402

Sarah Massum 465

Arthur Pierson 424

Mary Porter 391

Mary Winn 418