Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 November 2014), February 1749 (17490222).

Old Bailey Proceedings, 22nd February 1749.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On WEDNESDAY the 22d, THURSDAY the 23d, FRIDAY the 24th, SATURDAY the 25th, and MONDAY the 27th of February.

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

BEING THE Third SESSIONS in the MAYORALTY of the

Rt. Honble Sir William Calvert , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER III.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1749.

[Price Four-pence.]

N. B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir WILLIAM CALVERT , Lord Mayor of this City) the Sessions-Book will be constantly sold for Four-pence, and no more, and that the whole Account of every Sessions shall be carefully compriz'd in One such four-penny Book, without any farther Burthen on the Purchasers.

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable Sir WILLIAM CALVERT , Knt. Lord Mayor of the City of London, the hon. Baron CLARK , Mr. Justice WRIGHT, Mr. Justice BIRCH, RICHARD ADAMS , 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.

Peter Biggs ,

Arthur Chambers ,

Anthony Brown ,

Stephen Osmar ,

Thomas Luke Lyon ,

Thomas Oliver ,

John Ward ,

John Steward ,

Anthony Hotchkin ,

Nicholas Winckworthy ,

Alexander Kinman ,

George Foolle .

Middlesex Jury.

Robert Hyde ,

Denis Mourgue ,

Samuel Stevens ,

Thomas Porton ,

William Hancock ,

Moses Roberts ,

William Wharton ,

Colin Donaldson ,

Joseph Colborne ,

Joseph Brooke ,

John Rawlins ,

John Bradley .

160. Elizabeth Leeson was indicted for stealing a pearl necklace with a diamond locket, value 14 l. the Goods of William Lafoffe , December 7 .

Guilty of felony.

[Transportation. See summary.]

161. George Horton was indicted, for that he on the 21st of June, 1724 , did marry one Ann Ratliff , Widow, and after that, on the 27th of September, 1739 . was married to Mary Cobeth , the former wife being then living ; but it being fully proved by three captains of vessels, and one master of a vessel trading to Virginia, that the said Ann Ratliff hath now a husband living, Francis Ratliff , on York river in Virginia, the prisoner was acquitted .

162. John Raven , late of St. Martin's in the Fields , was indicted for stealing one silver quart mug, value 5 l. the goods of Richard Thomas , January 28 .

Richard Thomas . I live in Russel court , at the Thistle and Crown . I was not at home when it was taken away, nor saw it after till at the Justice's.

John King . I happened to be at Mr. Thomas's house on the same evening, drinking with my acquaintance; I was drinking out of that quart mug, the prisoner was sitting by me; presently there arose a dispute in the house about a small reckoning, which drew the people out of their places. I saw the prisoner shift his place, and go to the other end of the box; a little after says Mrs. Thomas , I have lost a tankard: the prisoner was gone. We immediately divided ourselves and went out to see for him. We got a constable and searched houses of bad repute; coming back again, we saw two soldiers in the house come to inquire if Mr. Thomas had not lost such a mug .

William White . About one o'clock the 20th of January, I was at the Tilt-yard upon duty . I heard the prisoner call for one Bonner; I, knowing Bonner's character to be bad, said, what do you want with Bonner? I saw the mug under his coat, so by holding my bayonet to him he surrendered, and I took him prisoner; I look'd at the bottom of the mug, and saw where to find the owner, so I brought it to Mr. Thomas's house.

Q. to Mr. Thomas . Is this your quart mug?

Thomas. It is, my Lord.

Prisoner. I believe this White is a very bad fellow.

Guilty Death .

163. Margaret Scott was indicted for stealing 20 pound weight of copper, value 10 s. 15 pound weight of lead, value 15 d. the goods of Humphry Ambler , Esq ; February 14 .

Acquitted .

164. Mary Henley was indicted for robbing her ready furnished lodgings, of one quilt, value 7 s. one pillow, value 6 d. and other things, the goods of Samuel Morrison , Jan. 31 .

Guilty 10 d.

[Transportation. See summary.]

165. John Slegg was indicted for stealing one tenent saw , value 5 s. the goods of James Duroos , February 10 .

Guilty 10 d. ordered private correction and turned out immediately .

169. Nicholas Mooney , late of St. Andrews Holbourn , was indicted for assaulting and robbing Benjamin Short , on the King's highway, of a hat, wig , and silver hilted sword , January 20 .

Benjamin Short . I live in James street, not far from where the thing happened. The 20th of January last in the morning, going home, I was got about five yards up Bedford-row , I heard some persons coming after me, the tallest man came first, so I could not resolve myself of the number behind; says the person don't be afraid, sir, we will do you no hurt, he went forward and then turned and took hold of my collar, and put a pistol to my breast; I drew my sword and ran him into the side , the prisoner is the person I am now speaking of, it was moon-light, I am positive it was he.

Q. Are you sure you gave the prisoner a wound with your sword?

Short . My sword met with a small resistance, I thought at first it had past betwixt his arm and body , but on examining him we found it had made a slight wound, and passed betwixt his skin and his ribs. I held my sword a long time in order to save what I had about me; the prisoner at the bar said, will he not part with his sword? Cut his arm off; I let it go immediately after. I heard one of them say, away, away, they went off, and I followed them about 300 yards down Brownlow-street . I advertised my sword with a reward, and the same day there was a hat advertised, and a person taken; I went to Justice Fielding to see the hat, and found it to be my own; I knew it by a remarkable button; when I had it edged I had this button, the same as on my coat, put on it, (being a gilt button) the Justice appointed a time to have the prisoner brought up. I went, the prisoner confest the fact, and also that he broke off the hilt of my sword; and put it in his pocket, and had lost it; he had on, I believe, the same clothes when he robbed me he has on now.

Prisoner. What sort of a wig?

Short. Much the same you now have, and your hat was a little put up.

Q. What is your employ?

Short. I am an organist and musick-master .

John Taylor . I am watchman in Great Wild-street; there are two houses in my watch I had orders to be very careful of, where two or three attempts had been made to break in, &c. On the 20th of January at night, at eleven I found all safe, near twelve at one of these houses I found. by trying it with my staff, the door was open; I rushed in directly, I had a hanger by my side, and alarmed the house; the gentleman looked out of the window and asked who is that? said I, the watchman; I looked about and examined all backwards, the person came down and we found all safe; when I came into the yard, I heard a voice saying, is that the watchman? I said, yes; said she, it was my mistake that the door was left open. [this proved to be wise to the prisoner at the bar.] I left all right at twelve; I sat at my stand till almost two; there came two tall men and a little man after them; I had a suspicion of them; they seemed to shun my lanthorn; I crossed the opposite side, then the clock struck two; I called the hour the contrary way, and looked over my shoulder to watch their motions; I kept calling the hour down Little Wild-street; I came round to an obscure place, then I saw a man moving; when I came up to him I saw three men, one of which proved to be the prisoner, stand rapping at the back door, where I alarmed the people before; said I, good morning to you, gentlemen; they said to me, good morrow: I went on crying the hour into Great Wild-street , in order to see for some assistance; I found they continued at the door; I found my partner, and told him I had a house beset; we went directly; I sent him one way, and I went another; I told him when I saw the light of his candle I'd approach, by this means we should see them, let them move off which way they would; when I saw his light I drew my hanger, and flung my lanthorn with my staff in my other hand; as I advanced, a man came to me and said, let me light my candle. I said, show me where you live, or you shall not ; he goes to pass me; I gave him a flat touch with my hanger over his arm ; he turned very pale and retreated back; as he retreated I kept up to him till he came to the prisoner at the bar; he put the candlestick into the prisoner's hand; says the prisoner, why don't you go to your lodgings? a second time he said the same; while I was looking at the prisoner, my partner had got him by the belt, his accomplice gave me a blow on the arm and pushed by me; I pursued him with the cry, Stop thief! down Great Wild-street ; I turned back again to see how it fared with my partner, and he had then got hold of the prisoner by the arm, saying to him, as he is gone you shall go; by the light of my lanthorn I saw a hanger hang down by the calf of his left leg, my partner took it away directly; the door was open, the prisoner retreated back quite into the yard ; I said to him, I will cut your hand off if you offer to stir an inch. While we were disputing down dropp'd a pistol from him; I took it up and held it towards his head, and said I would blow his brains out, if he stirr'd or made any motion to put his hand to his body. Presently another pistol dropt from under his clothes; then he very readily said, I will go along with you: As we were going down the court, I had the two pistols in my hands; he told me they were loaded, and begged I would take care of them; we went on, and I held them to him, telling him what he must expect if he offered to stir from us; we came to another watchman and desired his assistance. I gave one of the pistols to one of the watchmen; so we went to St. Giles's watch-house; we delivered the pistols and the hanger to the constable of the night.

Q. Did you know that he lodged at that house?

Taylor. No, my Lord. The constable searched the prisoner and took out of his pocket two powder horns, a bullet mould, and a screw-driver; the Monday following his landlady was at the Justice's house; she said to me after he was committed, for God's sake go along with me and move their goods, for they shall not be in my house; so I and my partner went, and took out a bed, 3 chairs, and a great bundle of other things, &c. in moving the bed we found a gold laced hat, which was advertised, and Mr. Short has swore to.

William Ellice . I am a watchman, I watch Prince's-street, and my partner Great and Little Wild-streets.

[He went on and gave the same account as his brother watchman had done before .]

John Peirce . I am constable of the night; these two watchmen brought the prisoner at the bar to me with the two pistols and hanger , here they be; we searched him and found upon him two horns of gunpowder, one bullet-mould, and a screw-turner . He owned before the Justice he had lost Mr. Short's silver hilt to his sword out of his pocket.

Thomas Ind . I am turnkey of Bridewell, the prisoner confest to me many robberies he had committed, at Constitution-hill and other places; he has given information against two persons, and they have been taken up, but were found to be innocent persons; he shewed me the place in his waistcoat, and also the wound in his side; I saw likewise the blood, where he was run through by Mr. Short.

Prisoner's defence. As I signified to your Lordship before I impeached those five of my gang. I hope your Lordship will not think it too late; I never was in custody before, and the nature of trials I do not know.

Guilty Death .

167. Sarah Jones , late of St. Martin's in the Fields , was indicted for stealing a silver spoon, value five shillings , the goods of Andrew Duval .

Guilty 10 d.

[Whipping. See summary.]

168. Thomas Holly was indicted for robbing Mary Dale , in an open field near the King's highway , of one silk handkerchief, value 6 d. January the 20th .

Mary Dale . I had been at Limehouse to see a place, and coming back in a field near Limehouse church, the prisoner came and took hold of my shoulder with a knife in his hand open, holding the point to me, and demanded my money; I told him I had none; I let him search my pocket, and as I had no money he took my handkerchief.

Sarah Buscoe . I was just by Mary Dale when she was robbed; I had been along with her; he assaulted her first, then he came to me and bid me deliver.

Q. Did you see him rob her?

Buscoe. I did, my Lord. He took her handkerchief; he kept us near half an hour in the field.

John Clark . I know the prisoner; I was coming down the road with my cart, a man told me there was a man going to cut a woman's throat in the fields, I left my cart and ran to him; said I to him, you are my prisoner; I searched his pocket directly, and took from him this knife, a purse, and a corkscrew; the two last I returned him. He confest before the Justice at Hackney the stealing this handkerchief.

Guilty .

He was a second time indicted for robbing Sarah Buscoe , &c. of a silver thimble, value 3 d. and 6 d. in money , January 20

Sarah Buscoe . As soon as he had robbed Mary Dale he came up to me and took a thimble from me; I prayed him to give it me again, and he did ; and he took six pence in money out of my pocket, being all that I had about me. He held that knife to me, the same as to Mary Dale .

Mary Dale . I was close by Sarah Buscoe when the prisoner robbed her. I saw him take the thimble and six pence out of her pocket; after he had searched me he searched her.

John Clark . As before with this addition, I heard him own before the Justice the taking the thimble, but he denied he had a six pence of her. He there also impeached three more.

Prisoner . I am a young man, pray my Lord consider that , and be as favourable as you can.

Guilty Death .

169. John Rogers was indicted for stealing a silver watch, value 40 s. the goods of William Palmer , January 5 .

Acquitted .

170 . John Atkinson , late of St. James's Westminster , was indicted for stealing 24 pound weight of candles , value 10 s. the goods of Sir Everard Faukener , January 21 .

Guilty 10 d.

[Transportation. See summary.]

171. Samuel Brisington , was indicted for stealing one 3 l. 12 s. piece, and 14 guineas, the goods of John Shirley , out of the dwelling-house of Thomas Shirley , January 17 .

Thomas Shirley . The prisoner at the bar lodged with me about 10 or 11 months; on Thursday the 17th of January my wife was sitting on the stairs , and the prisoner came for a candle to go to bed as usual. About ten or eleven she heard a person up one pair of stairs, she cried who is there, who is there? the person went up stairs and put the candle out; my wife went up stairs and could find nobody but the lodger in the house; after that my brother came and found his box broke open, but the prisoner would not own that he had been in that room .

John Shirley . I was at my brother's house the 21st of January , and saw my box had been broke open ; on the 22d I took the prisoner before Justice Trent.

Q. Where was your box when broke open?

Shirley. It stood in my brother's bed-chamber. The prisoner confest at the Gate-house he had broke open the box and robbed me, he returned me a three pound twelve shillings piece and five guineas, and after that he confest the same before Justice Trent.

Q. Was his confession taken in writing?

Shirley . Yes, my Lord.

Q. Did he sign it?

Shirley. No: He was going to sign it; but the turnkey told him it was signing his own death.

- Jervice. I was by when the prisoner delivered the three-pound twelve shillings piece, and five guineas into the hands of Thomas Shirley , and saw him take it out of the lining of his coat.

George Colefax . I heard him confess the fact, and saw him take the money out of the lining of his coat, and return it to Thomas Shirley.

Joseph Dunce I went with these witnesses to the Gatehouse to the prisoner and heard him confess it; Mr. Shirley, who keeps the house, asked him if it was at the time of their suspicion? He said it was; and I saw him return the three pound twelve shillings piece and five guineas; it was all he had except two shillings, or half a crown. He was asked what he had done with the rest of the money? He said he got into company in Covent-garden, and had lost it at cribbage.

Prisoner's Defence. These gentlemen came down to the Gatehouse to me and called for liquor, and I drank heartily; and they said if I would give them what money I could, I should go out at four o'clock in the afternoon; they said they would swear such and such things against me if I did not; and if I was, or was not guilty, they would swear against me. Colefax said, give us what money you can raise, and you shall go about your business. I told them I would give them what money I could raise, but I never confest the thing; I gave them five guineas and a three pound twelve shillings piece.

Guilty of stealing, 39 s. but not out of the dwelling house .

[Transportation. See summary.]

172. Ann Cole was indicted for stealing one pair of breeches, value 3 s. the goods of Joseph Francia , February 13 .

Acquitted .

173. Thomas Hudell , late of St. George's, Middlesex , was indicted for stealing a mahogany tea-board, value 1 s. one earthen tea-pot, val. 6 d. one china tea-pot, value 6 d. 2 silver spoons , value 2 s. the goods of William Freeman , February 15 .

Guilty .

[Transportation. See summary.]

174. John Kirkham was indicted for stealing 3 Holland shirts , value 20 s. the goods of John Morphy .

Acquitted .

175. Margaret Morris was indicted for stealing one gallon copper saucepan, value 2 s. 6 d. the goods of Eleanor Trovel , Feb. 3 .

Guilty 10 d.

[Transportation. See summary.]

176. Thomas Crouch , late of St. George's, Hanover-square , was indicted for stealing one silver watch, value 2 l. 2 s. the goods of Jonathan Robertson , out of the house of Frances Bland , widow, January 25 .

Guilty of stealing, but not out of the dwelling-house .

[Transportation. See summary.]

177. John Brown was indicted for stealing a watch with a silver box and tortoishell case, studded with silver, value 15 s. the goods of Thomas Perry , December 18 .

Guilty of felony.

[Transportation. See summary.]

178. George Hopewell was indicted, for that he, with Elizabeth Smith , not yet taken, had stolen 75 guineas and 12 Portugal pieces, the goods of .

The prosecutor declaring upon oath, he believed the prisoner never had any of his money, he was acquitted .

179. Benjamin Watts , alias Rotten , late of Saterly, in Suffolk , was indicted as being a notorious smuggler, for not surrendering himself according to order of Council .

As the prisoner denied certain facts, contained in a suggestion founded on a late act of Parliament, made in the 19th year of his present Majesty, intituled , An act for the farther punishment of persons concerned in landing and carrying away uncustomed goods , &c. in order to bring in a number of persons, that had been guilty of great and violent offences , to surrender themselves to justice; and if they did not , before a day fixed by the King's order in Council, they were then declared to be felons convicted, and to suffer death as other felons.

The King's Attorney-General suggested, that the prisoner since the day the act of Parliament was to take place, to wit, on the 22d of June, 1748. was charged before John Oxenford , Esq; Justice of the Peace for the Liberty of the Tower ; by information of Samuel Colliton upon oath before this Justice, and subscribed by the hand of Samuel Colliton ; that the prisoner , with others that he named, to the number of three and more , were assembled together at Benacre, in Suffolk, October the 8th, 1746. in order to be aiding and assisting in landing uncustomed goods; it was farther suggested, that on the 22d of June, Justice Oxenford certified this information under his hand and seal, to his Grace the Duke of Bedford , one of his Majesty's principal Secretaries of State; and that his Grace on the 22d of June, laid this before his Majesty's Privy Council, (his Majesty being then beyond the seas) and that the Privy Council made an order for the prisoner at the bar to surrender himself to the Lords Justices of the King's Bench, or, &c. within 40 days after its publication; it is further suggested, that after making this order of Council, and on the 23d of June there were two copies taken, and one of them sent to the printer of the Gazette, which was printed in it the 25th and 28th of June; and the other to the High-Sheriff of the county of Suffolk; and that he, the High-Sheriff, caused it to be published between the hours of ten and two, within fourteen days after the date of it in two market towns, to wit, Southam and Beckles; and a copy of it to be put up in each of those towns, in some publick place; and as he, the prisoner, did not surrender himself according to this order of Council, therefore it is suggested that he was attainted and convicted of felony, and the King's Attorney-General did press that execution might be made.

These suggestions being fully proved by proper witnesses in every step; and as the prisoner alledged there was another Benjamin Watts , it might be another person intended and not himself; Samuel Colliton swore to the identity of his person, that he, the prisoner, was the Benjamin Watts intended in that order: the jury found the issues for the King .

[Death. See summary.]

180. John Burk , late of St. Giles's in the Fields , was indicted for robbing Terence Walden of one waistcoat, value 2 s. and a linnen handkerchief , value 6 d. February 3 .

Terence Walden . He came to me in Lincoln's-Inn fields , near Justice Dennison's house, about half an hour after nine o'clock, took hold of my breast and knocked me down, and asked me to deliver my money; I got up again; says I, I have no money, with that he took my waistcoat and handkerchief; he stepped two or three paces back, and held a knife in one hand and a stick in the other; he held the stick over my head, and said damn you, if you do not deliver your money I will rip you open; I cried out and ran, then he ran; so I pursued him down Duke street; he came back again up the other side the square; there squire Oshurae's man met and laid hold of him till I came up; the prisoner said it was not him that robbed me, it was another; there was a watchman and Judge Dennison's man came to my assistance.

Q. Are you sure the prisoner at the bar is the person that robbed you?

Walden. He was never out of my sight , but as he passed the arch he ran through.

Q. How came he to run away?

Walden. My crying out was the cause of that.

John Potts . I am squire Osburne's servant; I was coming up Lincoln's Inn Fields, and believe I was within 20 yards, when I heard the cry, murder! seven or eight times, I pursued and heard somebody run and cry, Stop thief! then I stood still , thinking I could be of no service; presently I saw the prisoner come through the middle arch way; I ran to him and took hold of his collar, but I had strained my leg and could not hold him; but somebody came to my assistance before I had quite dismist him; then I was obliged to go home, and I never saw him since till now.

Peirce Frances. On February the 3d I was sitting in the kitchen that was backwards, I heard a great cry of murder! stop thief! &c. I listened and lost the found, then I heard it come back again; now thinks I, I shall be time enough; I took a pistol from off the shelf and ran out; as I came into the street, the last witness was carried home lame, and, I believe, I was the next person that laid hold of the prisoner; I told him I would blow his brains out if he stirred. Terence Walden was in the front of him, upbraiding him with what he had done; I think there was another person came much at the time I did; we took him to the Justice's house in the Fields; he was not at home; then we thought proper to search him; in his right hand pocket we found a clasp knife open, then we sent for a constable: the prosecutor had the bundle in his hand, saying to the prisoner, you villain! this is what you took from me; in doubling the prisoner had thrown away the stick and the parcel.

Q. What said the prisoner?

Frances. He put up his hand and said, I have had a blow; pretending he had been abused; but I saw no appearance of any blow.

Richard Mason . I am a watchman in Lincoln's-Inn Fields; the third of this month I heard murder cried; I ran directly out of my box towards the cry, as I turned the corner to go to Duke street, I clapped my hand upon the prisoner; the first person I saw was Judge Dennison's servant with a pistol in his hand, saying, if he stirred he would blow his brains out; there was the prosecutor, who said this is the man. We guarded him to Justice White's, about four doors below; he was not at home; then we searched him; there was a clasp knife open took out of his pocket

John Lacey . I am a chairman; the prisoner is the person we took; I attended him to prison, and saw the knife took out of his pocket; he was in the possession of three or four men before I came up.

John Shepherd . I am the constable; this is the stick Mr. Walden said the prisoner knocked him down with; here is the handkerchief and waistcoat; and this is the knife; it was open thus. [They were shewn in court.]

Q. to Walden. Is this the stick the prisoner knocked you down with?

Walden. It is the very stick; he held it over me long enough to give me an opportunity to see it.

William Renolds . I belong to the prison; the prisoner is the person delivered to us by the witnesses .

Prisoner's defence. I am a sea-faring man : I had been at Wapping; betwixt nine and ten coming home by Lincoln's-Inn Fields, by the New market, I was knock'd down, my hat took off of my head and six pence took out of my pocket; the thief said, you dog, if you don't run, I will cut you down with my hanger; while I was running these people met and stopped me, and asked me if I was the man that had robbed the prosecutor; I said I had been abused and robbed myself.

Guilty Death .

181. James Thompson was indicted for robing Catherine Johnson on the King's highway, of a silk camlet coat, val. 8 s. and a shirt , Jan. 28 .

Mrs. Johnson . I had sent my child for a stay and shirt, January the 28th; the prisoner took them from her in the street. I did not see him, neither did I ever speak to the prisoner; but know the things are my property.

William Marsh . I am a carman: I was going home with my cart through Cripplegate, I heard the cry, stop thief! stop thief! the prisoner ran by me; I ran after him up by London wall; I seized him, and saw him drop the things; a little boy, about a yard from me, took them up; says I, I'll take care of the prisoner, do you take care of the things; he dropped them as I laid hold of him, and asked what I wanted with him? I said he was a thief.

Q. Did you see him take them from the child?

Marsh. No, my Lord; there was a new shirt and a stay, tied up in a handkerchief. I secured him in Wood-street counter; the child's mother came and owned the things.

Q. Did you see the prisoner drop the bundle?

Marsh. Yes, my Lord, I did.

Q. Where did you take the prisoner?

Marsh. Just by the corner of Wood-street; he had tacked about, and had it not been for a dray-man I had lost him.

Joseph Hilton . I was standing at Cripplegate, and heard the cry, stop thief! I ran as well as she rest ; I saw him run through Cripplegate , I was near him when the carman took hold of him; he dropped the bundle down just by a post at the end of Wood-street. I took it up and gave it to the carman, being then close by him; I did not see the prisoner drop them.

Hilton. His back was towards me; and I was about half a yard from the carman's heels.

Prisoner's defence. About half an hour after five in the evening on that day, I was coming up London-wall ; I was stopped by that carman, who charged me with taking the bundle from a child; I said I knew nothing of it; he said I ought to have my brains beat out; after that he had quitted his hold I might have gone my way, but another gentleman took hold of me, and said I should have justice done me.

Richard Robins . On January 28, about six at night, I was going into Fore-street, I heard the cry, stop thief! I run and saw the prisoner run and turn at the corner of Wood-street; I did not follow him so as to see him drop the bundle; the carman seized him, and said he ought to have the flesh tore off his bones, for robbing such a little child as that; he took the prisoner up to a green-stall , where was a light; I saw the child standing by him; he left the prisoner there, saying, is not this a shame that I should have my clothes torn after this manner? says I, no shame at all if you have robbed the child; says he, I have not robb'd her; said I to the child, is this the man that robbed you? This is the man, said she; then I said to him directly, I'll see that you shall have justice done you. We carried him to the Sun alehouse London-wall ; there was a person came and hunch'd him, and said, D - n you for a fool, why do not you get away; I said, he should not; the child's mother came before we left him and owned the goods.

Guilty of the indictment, but through the intercession of his prosecutrix he was ordered for transportation .

182, 183. William Kenderick , late of London , was indicted, together with others not yet taken, for entering the dwelling house of William Winter , and stealing out thence one tea chest, 2 canisters, value 6 s. three ounces of tea, value 1 s. 6 d. one deal box, value 1 s. one walking cane, value 1 s. one looking glass, value 27 s. And George Robertson , for receiving of them knowing them to be stolen . Kenderick guilty of stealing, but not out of the dwelling house .

Robertson acquitted .

[Transportation. See summary.]

184. Mary Brown was indicted for stealing two large cases for the covering of two stools, value 2 s. the goods of the .

Guilty 10 d.

[Whipping. See summary.]

185. Thomas Williams was indicted for stealing a promissory note, signed by the hand of William Clark , payable to Joseph Meek .

Acquitted .

He was a second time indicted for stealing a pocket book, value 1 s.

Guilty .

[Transportation. See summary.]

186, 187. Thomas Keen was indicted for stealing 120 ells of linnen cloth, value 30 l. and 192 yards of linnen cloth, value 30 l. and two silver spoons , the goods of Joseph Baxter and William Clark . And William Wade for receiving them, knowing them to be stolen . Keen guilty of felony.

Wade acquitted .

[Transportation. See summary.]

188. Mary Spencer , late of St. John Wapping , Spinster, was indicted for stealing 20 pounds weight of cheese, value 4 s. two pewter plates, val. 1 s. a bag of buckles, one tin pot, and several other things , the goods of John Lein . Jan. 16 .

Guilty 10 d.

[Transportation. See summary.]

189. Jeremy Casway was indicted for violently assaulting in the King's highway, Stephen Nash , with an intent to rob him , January 26 .

Stephen Nash . On the 26th of January, betwixt eleven and twelve at night, the prisoner at the bar came to me in Well-close Square , he hit me a blow on the left side of my head; it stunned me a little. I did not quite fall to the ground; he laid hold of my collar, and said, stand and deliver your money; I told him he was come at a wrong time, for I had no money; he insisted on my delivering: I said I had not one farthing, and if you doubt it, said I, feel in my pocket; then he felt my wristbands for my buttons; saying, give me your buttons; I said they are but penny buttons , and will do you no service; he said they are silver ones, and I'll have them; I said, if you will have them, you shall; so I pretended to take them out myself to give him, so let me go; his stick being all the while over my head, and I feared another blow; I looked round and saw none else near me, with that I stepped in, and hit him a blow with my fist; then we had something of a tussle together; he finding me resolute let the stick go, which fell to the ground; I took it up and ran after him, and cried out watch! watch! till I got down a place that comes into Ratcliff Highway, he turned towards East Smithfield ; when I was just at him he turned short down an alley, I think they call it White Horse alley; there is a step or two , and he fell down; and I jumped upon him and laid hold of his collar, and told him if he made any resistance I would knock his brains out. The constable met me with the prisoner, and before him at Justice Manwaring's he confest the thing: Likewise told us of a house in Church-lane, where, he said, if he carried any thing in the night, it would be received.

Stephen Pett . I am beadle of the parish of St. John's, Wapping; my duty at the watch-house is four nights a-week. On the 26th of January I was on duty; betwixt eleven and twelve, near twelve, in East Smithfield I heard the cry, watch ! watch! with that I ordered the watchmen to light up their candles ; I told them I thought some body was in pursuit; by and by I must the noise; presently I heard it again; then before we got well out at the door, the prosecutor was bringing the prisoner to the watch-house; he asked for the constable of the night, and had this stick in his hand: He told me this was the stick the prisoner struck him with; it had an iron ferrel on the end, but I have lost the ferrel; his face then was muddy, and a mark on his head like a blow with a dirty stick .

Q. Was there any blood?

Pett. I saw no blood, my Lord. We went before Justice Manwaring with the prisoner; he said he was sorry for what he had done; adding it was the first time that ever he was out.

Prisoner's defence. I was a little in liquor when I did it, my Lord.

Guilty transportation .

190. Joseph King was indicted for stealing two wooden cags, and six quarts of geneva, value 8 s. the goods of Matth.ew Allien , January the 16th .

Guilty 10 d.

[Transportation. See summary.]

191. John Gregory was indicted for robbing Thomas Mackbridge of a silk purse, value 6 d. six guineas, and 5 s. in the dwelling house of Archibald Glass , February 14 .

Thomas Mackbridge . I and the prisoner lay together ; I went to bed a little after ten, my money was then in a green silk purse in my pocket. I mist it as soon as I got up, which was about seven in the morning : the prisoner got up about six, I was then awake; I made inquiry of the landlady of the house; she said there was no such thing found.

Q. Did any other people lodge in your room?

Mackbridge. There was another bed with two people in it.

Q. Might not they as well have taken your money as the prisoner at the bar?

Mackbridge I was up before them, and missed my money before they got up.

Q. Did the prisoner ever lie with you before?

Mackbridge. Yes, one night before .

Q. What time did he get up then ?

Mackbridge. About the same time that he did before.

Q. In what pocket did you put your money?

Mackbridge. In my breeches, and laid them under my head: I met with the prisoner in Rosemary lane between eleven and twelve o'clock that very day; I accused him; then I saw him drop the purse, and took it up; there was in it two half guineas and three shillings in silver; then I secured him.

- Shambrook. I live at the Windmill in Rosemary lane; the prisoner did belong to Colonel Richbel 's regiment of marine s; a townsman of mine used to come to my house with him, I desired him to go over the way between six and seven o'clock; when he came the next morning, he sent for a hatter to buy a hat, he bought one price 7 s. he was inclinable to drink, I saw he had got money; said I, you will get fuddled and lose your money , so he left three guineas with me; but saying he owed a woman some money, I gave him five shilling out of it; he had been at my house two or three times , and said he was to receive some prize money .

Q. Do you know how he came by this money ?

Shambrook. No, my Lord, no otherways than this; he told me he had received 30 pounds prize money since he came to town; he was going up the lane to take coach and met some of his shipmates , they went into Alderman Parson's head and had a full pot of hot; then came to my house and had a full pot of beer; then the prosecutor seized him, and said he must go to Mr. Glass's; he dropped the purse in my house, but I did not see him drop it, under the table; then they had him before the Justice.

Francis Brooks . I am headborough of St. John's , Wapping; the prosecutor came to me with a warrant; so we took the prisoner up, and had him before Justice Duckingfield , and there he owned he found this purse with the money in it, going up Glass's stairs; he said he was come down and was going up again, and found it the second time going up; the prosecutor said he knew the purse by an ilet hole that was made in it, and his Worship looked on it and found it to be as described.

Prisoner's Defence. When I was going up to bed I found the purse and money in it.

Guilty of stealing, but not out of the dwelling-house .

[Transportation. See summary.]

192 Matth.ias Rhemes was indicted for breaking and entering the dwelling-house of Brian Parkins , and stealing from him out thence one cloth coat, value 3 s. one pair of shoe buckles, value 4 s. and 20 shillings in money , February 4 .

Acquitted .

He was a second time indicted for stealing one silk handkerchief, value 2 s. the goods of James Brittain , February 13 .

Guilty .

[Transportation. See summary.]

193. William Taylor was indicted for stealing one Holland ruffled shirt, value 5 s. the goods of Samuel Phosper , January 20 .

Samuel Phosper . I live at Poplar ; the prisoner used to come to my house every morning, to look after my horse and clean my shoes; on the 20th of January he took away a Holland shirt of mine .

Q. Where did you meet with it again?

Phosper. In Rag-fair: he had sold it there. I stopped him when I missed the shirt, he said he had sold it in Rag-fair for 3 s. I went with the prisoner and found it there.

Guilty .

[Branding. See summary.]

194, 195. Robert Watson and Abraham Welsley were indicted for stealing two linen shirts, value 4 s. two shifts, value 2 s. two aprons, value 1 s. 6 d. one towel, value 6 d. the goods of James Stapleton , February 5 .

Watson guilty .

Westley acquitted .

[Transportation. See summary.]

196, 197. William Thomas , late of St. Ann's, Westminster , and John Caster , of the same, were indicted for stealing six pair of yellow metal buckles , value 3 s. the goods of John Divine , January 14 .

William Thomas , guilty 10 d .

John Caster , guilty 10 d.

[Thomas: Transportation. See summary.]

[Caster: Whipping. See summary.]

198. Francis Throgmorton , late of St. Giles's in the Fields , was indicted for stealing 2 harrateen curtains , value 4 s. one blanket and a sheet from his ready furnished lodgings, the goods of Andrew Balendine , January 3 .

Andrew Balendine . The prisoner lodged in my house in Tottenham-court road ; he took out of his lodgings a set of curtains, one blanket and a sheet, my property.

Q. How long had he lodged in your house ?

Balendine. About 20 weeks.

Q. Did you know him before he came to lodge with you?

Balendine. I had seen him before, but no way, acquainted; he pretended to be a physician, and desired my wife not to come into the room, pretending there was something that would affright her, saying it was an anatomy; but at last we missed the things, and found them again; the curtains were at one Mr. Bibby's , a pawnbroker, in Stanhope-street; the blanket and sheet I found at another place.

Prisoner . Did not you agree to let the things lie at the pawnbroker's , if I would pay a valuable consideration to you?

Balendine. I had so much humanity, I would have done any thing to have had my things again; the prisoner said, I wish you would take my note I would have agreed, had it not been to have compounded felony; indeed I was ignorant of the nature of such things, but I did not consent to such an agreement.

Jane Balendine . I put a clean pair of sheets on the bed on Saturday, I said to the prisoner where is the key that I may make the bed? said he, there is an anatomy that will fright you; he continued in that till he was taken up for a fray in the streets for abusing the watchman ; I was told by one , that said she had seen him carry some of my things to pawn; I charged him with it in prison, and he did not deny it. The things I lost my husband mentioned before.

Thomas Bibby . I am an apprentice to a pawnbroker ; the prisoner at the bar brought two green curtains to pawn with my master, December 19. He had four shillings on them; and on the 20th he came and had two shillings more.

Q. Whose curtains were these?

Bibby. Mr. Balendine and his wife saw and owned them.

John Pierce . I am the constable: I was sent for when the prisoner was committed upon his quarrel, I broke open the door; the prosecutor found no sheets on the bed, and other things they said were missing.

Prisoner's defence. The prosecutor did seem very well satisfied , as I gave him encouragement to be easy, I having a law-suit depending, and might have an opportunity to pay him; he gave me a character, as I happened to be in a fray one night in the streets, and got as many to speak for me as he could; now since I have failed in my law-suit, he has turned Cat in pan as the phrase is; I appeal to your Lordship, whether or no it is not a malicious prosecution , as I was indebted to him about three pounds , and not being able to raise that money.

Balendine. The prisoner said, after I would not agree to make the matter up when he had pawned my things: I wish you had agreed, I'd have taught you how to make up such things as these; I'd have made you remember your compounding of felony.

Guilty .

[Branding. See summary.]

199, 200. Robert Ward and Mary his wife , were indicted for stealing one pair of linnen sheets , value 8 s. and other things , the goods of John Jurnigan , February 1 .

Robert Ward , guilty .

Mary Ward acquitted .

[Transportation. See summary.]

201, 202. Thomas Haydon and Mary Anthony were indicted for stealing one silver watch, value 2 l. 10 s. one pair of silver shoe buckles, value 25 s. one pair of silver knee buckles, value 19 s. one pair of silver sleeve buttons, value 2 s. one pair of shoes, a pair of stockings, and 28 guineas in gold , the goods of John Wilkinson .

John Wilkinson . I was coming by the water-side, and saw two women very well dressed. I asked them where I could have a lodging? they took me to a house, then they wanted something to eat: I gave them a shilling to go and get something; they were gone when I was robbed.

Q. What did you lose?

Wilkinson. Besides the things mentioned in the indictment, I lost two silk handkerchiefs and two linnen handkerchiefs.

Q. What reasons have you to accuse the prisoners at the bar?

Wilkinson. The man was in the room when I awoke; he, and others that were then in the room, bid me make the best of my way out or I should lose my life: I went out into the yard and saw an out-house, so I crept in there and lay till morning; then I saw Haydon, the prisoner, with my buckles in his hand through the window; I went into the street bare-footed as they had left me, and ran after him, but could not catch him: I secured the woman; then after some time, I saw the man go past again; I pursued him and the constable took him with the buckles upon him; but he gave the woman the buckles to convey away; and going before the Justice she dropped the buckles; the constable being behind her took them up.

Q. Give us an account how, or when you lost these things.

Wilkinson. I was a little in liquor, and just come home from Virginia; and having but little rest for four or five days and nights, I fell asleep, and was robbed while I was sleeping.

Q. Did you go to bed?

Wilkinson. No, my Lord, I was sitting by the fire.

Q. Do you know you had your things when you went to sleep?

Wilkinson. I felt my money in my pocket while I was sitting, before I fell asleep; I had told the money just before ; I had been paid it that afternoon, about four o'clock.

Q. Was the Prisoner, Mary Anthony , one of the women that took you into that house?

Wilkinson. No, my Lord, but she and two more came into the room where I was; there was only two women when I went to sleep, and they were gone when I awoke.

Q. What time did you awake?

Wilkinson. I do not know.

Q. Did you see the two women again that went out with your shilling?

Wilkinson. No, my Lord, I never saw the two fine damsels since.

Q. Was there any men in the room with you?

Wilkinson. There was a tall thin man; I never saw him since. My shoe-buckles were found upon Haydon next morning.

Q. Who was in the room when you awoke?

Wilkinson. There were three men, and they threaten'd me very much; I was afraid of being murder'd.

Samuel Ellise . I am headborough of White-Chapel parish; between seven and eight in this morning, there were two boys came to my house, and told me there was a sailor had been stripp'd in Bakers-Arms Alley ; I went there, this sailor, John Wilkinson , was in the room bare-footed: says he, I have been robb'd. It is a noted place for thieves. He said, a man with a blue jacket has got my buckles, adding, they were wrapp'd up in white paper. There was the Prisoner, Mary Anthony , and two more girls, in a sad dishabil , ragged, and bare-footed; they tightened themselves up to go along with us, as I insisted on taking them before the Justice. The Prosecutor having his eye towards the street, seeing the Prisoner, said, that is the man that has my shoe-buckles ; he run after him, without shoe or stocking, and I run, got sight of him, and took him. I brought him back to the three girls; we took them all four, and put them all close in a box together at an alehouse, it being too soon to go to the Justice; then afterwards we went before the Justice, Heydon confessed there, he gave the buckles to Mary Anthony , the other Prisoner. Going along she dropp'd them down; I happen'd to be just behind her, saw them fall, and took them up; they were in the paper he bought them with, as he before described; he had, as he said, bought them about two hours before, with the rest of the things.

Court . You must deliver the buckles to the Prosecutor .

Ellise. I shall, my Lord, according to contract. I found him in much distress, so I then lent him a shilling, and since that I lent him more, to carry on this prosecution , and he has agreed to let me keep the buckles till he pays me.

Charles Williams . I happened to be coming by in the morning, and saw the sailor walking about the streets in a dismal manner; he said he was robbed, mentioning the things in the indictment, saying, he saw the man running along the street that had his buckles in his hand, but he could not get him; says I, I'll go along with you back, which I did, and the house was shut up; said he, the man went in here, so we went in, and there were three women laid down: says I, do you know any of them? he said he knew one or two . We sent for a constable, and gave him charge of this woman at the bar; he turned himself about, and saw the man, and the constable pursuing , who took him. We did not search him, designing that before the Justice. He owned giving them to the woman there , and that he had had them . I saw them when the constable took them up.

Haydon guilty of felony.

Mary Anthony acquitted .

[Transportation. See summary.]

203, 204. James Oderway , and Edward Tucker , were indicted for entering the dwelling-house of Richard Airs , and stealing out thence one copper teakettle, value 4 s. a copper saucepan , value 6 s. and other things , Feb. 8 .

Richard Airs . I live on Windmil-Hill ; I had been out all day at my labour, February the eighth, and coming home about eleven, saw the window open ; there was a pain of glass taken out, and another broke.

Q. What did you miss?

Airs. I lost a copper saucepan, that holds two gallons, a teakettle , three candlesticks, a stand, and a pair of snuffers . I know nothing farther than their own confession, upon which I found my goods again. The saucepan they had pawn'd on Saffron-Hill , at the Seven Stars. My wife was out with me about business.

Both guilty of stealing, but not out of the dwelling house .

[Transportation. See summary.]

205. Mary Green , was indicted for stealing seven ounces of raw silk :

And

206. Catharine, the wife of John Kent , for receiving it, knowing it to be stolen .

Mary Green guilty , Mary Kent acquitted .

[Transportation. See summary.]

207. Elizabeth More , wife of William More , was indicted for stealing one pair of linen sheets , value 8 s. two copper saucepans, value 4 s. one flat iron, and other things , the goods of Henry Barnet , Nov. 19 .

As she did it by the directions of her husband, she was acquitted .

208. Robert Sherwood , alias Harwood , was indicted for stealing twenty-eight pounds of butter, value 12 s. the goods of Steven Flower . Jan. 27 .

Steven Flower . The Prisoner took away half a firkin of butter out of my shop. I did not see him take it .

Thomas Sumeroise . I am a servant to Mr. Flower. On the 27th of January last two persons came into our shop, and asked for a pennyworth of cheese; my master is a cheesemonger . While I was serving them, a third person slipp'd in, and stole half a firkin of butter ; he was got about eight doors from the shop door; I ran after him, and took him with it upon his head.

Guilty of felony.

[Transportation. See summary.]

209. Lidia Wild , was indicted for stealing a silver watch, value 42 s. the goods of Feb. 6 .

Acquitted .

210. Ann Chapman , was indicted for stealing two pair of men's shoes, value 2 s. the goods of William Clark .

Acquitted .

211. George Burrel , was indicted for stealing a parcel of hair, value 14 s. the goods of persons unknown .

Acquitted .

212. William Wolloston , was indicted for stealing one silk handkerchief , the goods of John Edwards , Jan 21 .

Acquitted .

213. Daniel Machgrigon , was indicted for stealing one silk handkerchief, value 8 d. the goods of William Seabottom , Jan. 19 .

William Seabottom . The Prisoner pick'd my pocket of a handkerchief, as I was coming from Covent Garden down Fleet-street . I felt something in my pocket; I turn'd about, and saw my handkerchief, part in my pocket and part out in his hand; says I, you rascal, you have picked my pocket of my handkerchief; says he, I'll stand search. There were three men followed him. Says I, I saw you give it to a man; says he, why did you not charge him with it? I took him into a shop, and shut the door, and sent for a constable. I said a considerable time; there came several people, whose pockets were pick'd to the door. I took him to the watch-house. He once made an attempt to get away; we had a struggle, and was both down together, but I, by the assistance of a porter, got him to the watch-house, and secured him.

Guilty .

[Transportation. See summary.]

214. Mary Buttler , was indicted for stealing two linen table-cloths, three check aprons, two flat irons , the goods of Josiah Overly , Feb. 4 .

Josiah Overly . The Prisoner robb'd me of these things , mention'd in the indictment; she has liv'd with me these two years, as a servant , and I put trust in her. I never thought any thing ill of her, till the twenty-first of this instant we happened to have a great wash, and we lost out of that wash a coloured apron, and as this apron could not be produc'd, she declar'd she had been the thief. For all I had miss'd things from the beginning of July, she bid me not blame any person else. My sister went with her to one Taylor, a pawnbroker, she call'd for the things, and they were produced, all but one table-cloth, and one flat iron. I never was so much surprized, as when she confessed it.

Prisoner. I have nothing to say for myself.

Guilty .

[Whipping. See summary.]

215. Ann Bell , wife of John Bell , was indicted for robbing her ready furnish'd lodgings of a pair of linen sheets, value 3 s. one copper frying-pan, value 2 s. one looking-glass, value 1 s. and two pewter plates, the goods of John Church-house .

Acquitted .

217. Margaret Demsey , spinster, for receiving them, knowing them to be stolen .

Elizabeth Dennis . I live in Hart-Street . I lost two lawn aprons Wednesday was three weeks, and a silk handkerchief; I did not know who took them; I was sitting in the fore parlour. Cassey came in the next day, and ask'd for the gentlewoman, that is Mrs. Clark, to know whether she had lost two aprons; she said she had; he said he would tell her what was become of them, if she would not hurt him; she said she would not hurt him. I was by. He said he was indebted to his landlady fourpence halfpeny for gin , and he had left them with her; then the gentlewoman of the house said she would go with him ; and then he said he had pawned them for eighteen pence. I was for having a man to go with him; says he, no man shall go with you; but we ordered it so, that a man walked behind cassey and me, and he did not perceive it. We went into St. Giles's; he went to his lodgings there, and he desired the man's daughter to go and get them; he had given them to her to pawn; she said she would not get them without the money, saying she had two shillings and sixpence upon them; cassey said she had but one shilling and sixpence; then he said they were pawn'd to a woman that was in Bridewell. We took cassey a day or two after before the Justice; he said he sold the handkerchief for three pence; but at first he said it was pick'd out of his pocket. I have nothing to say against the woman at the bar, any farther, than cassey said she forced him to steal them: she did own she had sixpence of the money. cassey staid at his lodgings, and the woman went for the things, and I owned them at first sight.

Thomas Ind . I was desired to lay hold of this cassey . He has liv'd strolling about Covent-Garden; there we saw him, and brought him to where this gentlewoman lives; he confessed where they lay in the house, and how he took them out of the window there. The Prisoner, Margaret Demsey , knew nothing of the things, till she came about one hundred yards from the place where they were stole, where cassey threw them into her lap; but cassey said she was looking in at the window at the same time.

cassey . I know nothing of this woman (pointing to the other Prisoner .)

Fisher, alias cassey , guilty , Demsey acquitted .

[Transportation. See summary.]

218. William Sheafe , late of Enfield , was indicted for stealing two hens, value 2 s. the goods of John Chessey , Feb. 7 .

Rebeccah Chessey. I heard my hens make a noise, and I went into the hen roost; I saw one hanging with her head downwards; I went to take hold of it, and took hold of the Prisoner's hand; I went immediately out, and lock'd him in. I had a neighbour at my house, and we went and took him out, and a neighbour of mine brought me another of my hens, he had sold her about seven that night.

Ann Dennis . The Prisoner brought a dead fowl to me that night (he pretended he had knock'd it down by slinging at it) which Mrs. Chessey owned.

Guilty .

[Transportation. See summary.]

219, 220, 221. Archibald Blare , surgeon , Richard Morton , and Abraham Clark , were indicted, for being concern'd, together with James Campbel , not yet taken, in the murder of William Howard , Jan. 13 .

Edward Wood . The deceased William Howard , a coach-harness maker , work'd with me at Mr. Aubury's, at Charing-Cross.

Q. Give us an account what happened on the thirteenth of January last.

Wood . The deceased and I had been out together, about eight o'clock, concerning the Duke of Cumberland's work; we was going home at about eleven at night; he said to me, you shall go home and lie along with me to night, then we will get up together in the morning, and go to work. He lodg'd in Chandois-Street ; we went that way, to go to Mr. Young's to get a light to light me up to the room, I being a stranger, but Mr. Young was gone to bed. In our return coming up again, at a corner of a passage called Mr. Durand's Passage , in St. Martin's Lane , we saw Mr. Blare leaning against a post. I walked foremost; and whether the deceased kick'd his foot against a stone, or whether against Mr. Blare's foot, I do not know, but he had like to have fallen down. There were words arose, such as d - n you, and d - n you, but no blows struck on either side. We went on about one hundred and fifty, or two hundred yards, the deceased stopp'd there; says he, I'll go back, and ask the gentleman why he insults me thus. Going along the street, we returned back to the passage where we first had the words; there was Mr. Blare standing in the middle of the passage; then William Howard said to him as I said before, putting his hands by his sides , What is the reason why I am to be insulted in this manner as I am going along the streets? The gentleman made no answer as I remember, but knocked at the door in this passage immediately; this door is about four or five yards from the street where we first found him standing; as soon as he knocked at the door, there came down a person in officer's clothes, [since I suppose it to have been Captain Campbel ] who ran immediately and collared the deceased, who stood at the passage door: then the deceased asked him the reason of his collaring him; they had a word or two. Said I, you don't do right in collaring my friend; you look like a gentleman, and if you will behave as such, I'll give you a reason why we came back, and if he is in fault we will ask your pardon; before I had got the last word out of my mouth he struck at my partner, and I catched the blow, so it did but just touch his face; this was with his fist: as soon as I let go his hand he repeated his blow upon the deceased, then the fray began; he did not let go the deceased's collar, there were several blows struck. I went back to the door where Campbel came out; I received several blows during this time, but I do not know from whom; I had been knocked down twice, rising the second time I saw two naked swords, or one sword and a hanger, come down stairs; upon seeing them I thought proper to run for assistance to the watch-house: I went to the door, and told them if they did not come to the assistance of a man he would be immediately killed.

Q. How far is the watch-house off from that place?

Wood . It may be about 100 yards; they asked me if I knew the man; I said he was my fellow-servant . There was the constable of the night and a plaisterer came to our assistance; in our return we saw the deceased, lying between the place where it first begun and the Roundhouse, on his belly, with his hat and wig off; that was much about the middle betwixt where the quarrel began in St. Martin's lane and the Roundhouse. I went immediately to him, and asked him how he did? and all the words he ever spoke after were, O dear Ned! then Mr. Benson the plaisterer turned him on his back, saying, what poor Will Howard. Benson and I took him up and carried him into the watch-house; somebody pulled up his shirt, and I saw a wound on the right side of his body: Mr. Benson ran for a surgeon, one Mr. Perkins; when he returned, the constable, and he and I, and one or more of the watchmen, went to the house to see after the people that were in the house which Blare knocked at, and out of which came Captain Campbel ; but I did not go directly with them, but went to knock Mr. Young up, to tell him what had happened; when I came back they were admitted into the house.

Q. Where does Mr. Young live?

Wood . In Chequer court, St. Martin's lane: When we returned to the watch-house Mr. Howard was dead. The constable of the night brought into the watch-house Mr. Morgan, Mr. Clark, Mrs. Carr, and Mrs. Hall; it was said by the people of the house, Blare and Campbel were gone off.

Q. Where did these people come out that struck you?

Wood. They all came down stairs where Blare rapped, &c.

Q. Was it before Campbel collared the deceased, or when those people came down stairs?

Wood . Instantly upon his striking the deceased they came down stairs.

Q. You say, when you got up you saw a sword or swords coming down stairs; can you tell, was Campbel then in the house or in the court?

Wood . I think the sword must be brought him, I did not see that he parted from the deceased at all.

Q. Are you sure you saw two such weapons come down those stairs?

Wood. I am sure I did; they came into the passage, and I saw no other sword but what was brought down stairs; they came down naked; I was in the passage then.

Q. What business could you do at eleven o'clock at night?

Wood . We had been at several tradesmen's, and had been drinking two tankards of beer at one Mr. White's in Long Acre between five or six of us.

Q. Did you drink any thing at those other house?

Wood . We had a glass of rum at the currier's house .

Q. Did you drink nothing more?

Wood . After the two tankards of beer, we had three shillings in punch between five or six of us; this is all we drank from the time we left work till the time the thing happened.

Q. Did you drink none at work?

Wood . Yes, as is usual in tippling time; we had a pint of beer each; that is between four and five in the afternoon.

Q. What size man was this William Howard ?

Wood . A middle size man.

Q. Were you in your working clothes?

Wood. Yes; he had his apron on, I had not mine.

Q. Did Mr. Howard esteem himself to be much of a man as they call it; a courageous fellow ?

Wood. No, I never heard he did; he was always a quiet, peacable man.

Q. Who began to use this language first?

Wood. I was before; but I suppose Mr. Blare spoke first, but I cannot be certain.

Q. Did Mr. Blare when you came back call out for assistance?

Wood. I don't remember he did, only knocked at the door.

Q. Did you hear the cry, Pickpocket?

Wood. No. I heard no such word.

Q. How long have you been acquainted with the deceased?

Wood. About ten years.

Q. Have not you said at any time since that the deceased was in liquor?

Wood . No, I never did: I have said he was merry, but not drunk.

Q. Had the deceased used to be quarrelsome sometimes?

Wood . I never heard any character of him but that of a quiet peacable man.

Jane Carr . I lodge in St. Martin's lane at Mrs. Hall's house.

Q. Did you know this Captain Campbel ?

Carr . I never saw him but that night; he was at Mrs. Hall's house.

Q. Do you know Mr. Blare?

Carr . Yes; Mr. Blare brought Captain Campbel in.

Q. Do you know Mr. Morton?

Carr . Yes; he gave a call in by accident; he did not know these gentlemen that were there; neither was he in the same room and company .

Q. Who did Captain Campbel come to see?

Carr . He came to see me; there are two rooms, Campbel and Blare were in one room, and Morton was in the other.

Q. Where was Mr. Clark?

Carr . Captain Clark asked who was above? I said Mr. Blare had brought in Captain Campbel ; says he, I know the young gentleman very well, I'll go up and drink a glass of wine with him; he came to see me, not knowing Blare or Campbel were in the house.

Q. Did he call for you out of your room?

Carr . Yes, I went down stairs to see him; when I told him who were above, he went up and sat down with them.

Q. Did he call him Captain Campbel ?

Carr. No; but I fancy he knew him.

Q. Can you recollect during this time, whether Mr. Blare went out of doors?

Carr. I went into the next room to Mr. Morton, and during this time Mr. Blare went out; the affair happened before I went into the room again. I was in the fore room and heard it begin.

Q. What did you hear of it?

Carr. I heard two men say, there is some sailor with a fine laced waistcoat, let us take it from off his back; he has been at sea and took a little prize money, &c. it was dark, I could not tell their faces; with that I shut the window, and in three or four minutes Mr. Blare cried out murder, three times, saying he was insulted by two pickpockets in the streets: I did not till then know he was in the street; I did not hear his voice before Captain Campbel cried out, that is Blare, I'll go and assist him; he went down stairs; I strove to keep him back; he swore he would go out; my landlady would not let him go out, but he gave her a shove, took the key from her and opened the door himself; we within shut the door quite close; there was a scuffle in the court.

Q. Did Campbel carry any sword out with him?

Carr. I do not know; we heard a little noise in the passage after this, and in six or seven minutes Captain Campbel came and rapped at the door, and wanted to come in again; he came in, says he, these are certainly two pickpockets; he sat down and drank two or three glasses of wine with Captain Clark; he said he had hurt his finger: This other witness came back again, and said he would either kill or be killed; we all came together to the stairs; when we head this noise, those two men fell upon Mr. Blare again, and he cried out murder a second time; he was standing in the passage ; he was gone out to change a guinea, and was waiting there till a person he had sent brought it to him: Campbel went out again on this second cry of murder by Mr. Blare, and left Captain Clark in the room, and staid a good while.

Q. Did he take his sword with him this time?

Carr . I did not see that he did.

Q. Did Clark go out?

Carr. No, my Lord, he did not.

Q. Did Morgan go out?

Carr. No, my Lord, they both remained with me on the stairs , and the door was shut. Presently Campbel came back and made a terrible noise at the door, wanting to come in a second time: we let him in.

Q. Who let him in?

Carr. I don't know who let him in: Blare and Campbel came in together.

Q. In what condition was Campbel when he came in?

Carr . His hair was all torn, and his shoulder knot in his pocket; it was a silver shoulder knot I asked him to let me keep it for him? but he would not let me.

Q. In what condition was Blare?

Carr. Mr. Blare was limping with his thigh and his head was all bruised with sticks.

Q. Was he bloody?

Carr. I saw no blood on him; he said his head was broke. Campbel had his sword drawn in his hand, and he looked at it; (it was bloody, I saw blood on it) he said, I believe I have killed a man Captain Clark said to him, I hope you have not . Said Captain Campbel , it is not time for me to stay here; and he asked Clark, Morton, and me, to go along with him; we answered we knew nothing about it, and whatever was the consequence of it we would stay in the house .

Q. Who did go with him?

Carr. Mr. Blare and Campbel went away together.

Q. Who was in your house at this time?

Carr. There were none in the house but the mistress of the house, myself, and my servant, and these three gentlemen .

Q. In this conversation betwixt Clark and Campbel was the sword then bloody?

Carr. Yes, my Lord.

Q. What happened after that?

Carr. After that he and Blare went out together .

Q. Which way did he go out?

Carr. He went out at a back door into the same passage.

Q. Then he did not go out at the common door?

Carr. No, he did not; it is a door that leads to the necessary house. The constable and others came in about half an hour, and we all went to the watch-house, and before the Justice the next morning.

Q. When Campbel came in again, you say he had a sword drawn in his hand; had Mr. Blare a sword in his hand at that time?

Carr. He never wears a sword .

Q. Had he one on then?

Carr. No, he had not.

Q. Had he a stick in his hand?

Carr. He left that in my room when he went down first to get change for a guinea; it was afterwards found in my room

Q. Did it remain all the me in your house ?

Carr . Yes, I can swear that. Before this scuffle began, he was preparing to go to his lodging. He was going to change a guinea, to pay for a bottle of wine, and then depart.

Q. Did you see the deceas'd before?

Carr. I never saw him, before I saw him lying by the fire dead.

Q. Did you see Campbel go out the second time?

Carr . Yes, I did.

Q. Did you see his sword then?

Carr . No, I never saw his sword till he came in with it bloody.

Q. Were there any more swords in the house at that time?

Carr. None but captain Clark's , and he was never out of the house all that time.

John Williams . I am a watchman in Charing-Cross Ward.

Q. Tell us what happened on the thirteenth of January last, in this little court in St. Martin's Lane .

Williams . Betwixt eleven and twelve o'clock at night, one of the inhabitants ask'd me to go and call a coach at Charing-Cross; I coming there, could not get a coach; they then desir'd me to get a chair. Mr. Blare came, and asked the gentlewoman, that I called the chair for, if she would let me go and get a guinea chang'd; I goes to the Old Charing-Cross , there gets half a guinea in gold, and the rest in silver: then coming up, there was a dispute betwixt the deceas'd and Mr. Blare; I says to the deceas'd, Honest man, go home . I did not know him. Says I, there is no damage done, the gentleman will forgive you.

Q. Did you know Blare then?

Williams . No, I did not. They went some way and return'd back . This was in a very few minutes. Captain Clark was come down stairs, within two or three stairs of the bottom, with a candle in his hand.

Q. Did you see Captain Clark in the fray?

Williams . No, I did not. When the deceas'd return'd, then Mr. Blare and the other was together; the deceas'd said, What is the reason I must be insulted going along the streets?

Q. Did you see any body strike the deceased?

Williams . I saw Mr. Morton strike the deceased several times with a stick; captain Campbel would have had my staff out of my hand ; I threw my lanthorn down, put my light out, and would not let go my staff.

Q. Where was you at this time?

Williams . I was within a yard or two.

Q. How near did Captain Clark come to the in the fray ?

Williams . He was upon the stairs all the while. I saw the door open, and saw him on the stairs; they were all in a scuffle together. This was the first time.

Q. Was there a second time?

Williams. Yes, there was.

Q. Tell us what happen'd the first time?

Williams. William Blare did return no answer, but knocked at the door, and it was open'd to him.

Q. Who came down stairs?

Williams . The first was captain Campbel.

Q. Who followed him?

Williams . Mr. Morgan followed him. The first time captain Clark came down with a brass candlestick in his hand; then I said it was all over, and they all return'd up stairs again. I was in the passage or entry; the place was so crouded, I could not see a blow struck. When that was over, they went up stairs again.

Q. Who went up stairs?

Williams. Captain Clark, Mr. Blare, and Mr. Morton. The deceased went a good way towards the Round-House, and dropped down in about five minutes after.

Court. You give us a very confus'd account of the matter, tell us in your own way.

Williams begins again, and sometimes Mr. Morton, sometimes Captain Campbel , and sometimes captain Clark, came down first, so that little regard could be given to him; but he never varied in this, that he saw Mr. Morton strike the deceased over the bead with a stick divers times.

Williams Proceeds . Then the constable of the night ordered me to go and get assistance, and surround the house, which I did; and there we found Clark and Morton in a room with Mrs. Carr , and we took them all to the Watch-house.

Q. Did not you, after the deceased had received his death wound, say at the Watch-house, if the deceased was killed, he had got his deserts, adding , he had no business to affront gentlemen?

Williams . No, Sir, I did not.

Q. Are you sure you did not make use of such like words?

Williams . I might say something like it.

Mr. Perkins . I am the surgeon that was fetch'd to the deceas'd . When I went into the Watch-house I saw him lying dead. I inspected him two days afterward. I was sent for before the coroner. I found four wounds on his body, one on the right side , the other on the left, where the sword pass'd in on one side, and out at the other: it had a triangular point, and pretty large, and it must have been a very violent thrust. There was a wound on his head, which was broke, and seemed to have been done with some stick . There was a little scratch on his hand, one of the bone, of the left arm was broke, and a bruise upon the part.

Blare acquitted , Morgan guilty of Manslaughter , Clark acquitted .

[Whipping. See summary.]

222. Hugh Matthews , was indicted for stealing out of his ready furnish'd lodgings two cotton gowns, value 12 s. two linen sheets, two linen napkins, and other things , the goods of Robert Welch , Feb. 1 .

Margaret Welch . I live in Swan-Yard, Newgate Street . I went down to my father's , in Wapping, the first day of this month. When I came home, my drawers were broke open; I found my door open, the padlock upon the table, and my drawers open.

Q. What goods did you miss?

Welch. I missed two cotton gowns, a man's coat, two shifts, two shirts, nine handkerchiefs, one pair of ruffled sleeves, a coloured apron, two table-cloths, and two napkins; all these I left in a drawer, but the man's coat , and that was lying in a chair.

Thomas Hart . I was playing in Swan-Yard, between six and seven o'clock, on Friday night, when this was done. I saw the Prisoner come and stand at a post first, then he stepped into the door; I said to a boy, that lodges up two pair of stairs, What does Hugh Matthews do in your house? says he, He is fuddled , and perhaps is gone to lie down to sleep. He stood some time at this woman's door, then he went out again, and stood by the post. The woman calls her son from play, the Prisoner went back again, and I saw him meddle with the lock; presently he ran out with his arm as full of cloaths as he could hold; I ran after him; the first thing I picked up was this shift, and presently I took up another. Just as he was going to turn by the corner, I picked up a sleeve all dirty, and a piece of a cap. All these he dropped as he ran. While I was taking up the things, I lost sight of him.

Moses Booth . I took the Prisoner last Friday morning. We found no goods upon him. He was charg'd with stealing these goods, and he said he could not deny it.

Guilty of stealing, but not out of the dwelling-house .

[Transportation. See summary.]

223. Elizabeth Pinner , late of London , spinster, was indicted for stealing two pounds and a half of rappee snuff, val. 3 s. the goods of George Bayley .

Acquitted .

225. Isaac Shaftsbury , was indicted for stealing seven silk handkerchiefs, value 17 s. twenty yards of silk riband, value 20 s. the goods of John and Edward Brewer , Jan. 16 .

Guilty 10 d.

[Transportation. See summary.]

226, 227. Henry Dorset , and Robert Oberton , were indicted for stealing eight linen handkerchiefs , value 3 s . and two silk handkerchiefs , value 2 s. the goods of persons unknown , Feb 13 .

Both guilty, 10 d.

[Whipping. See summary.]

228. Edward Tucker , late of the parish of St. Leonard Shoreditch , was indicted for entering the dwelling-house of Virgine Low , widow, with intent to steal , Feb. 9 .

Acquitted .

229. Sarah Gailer , wife of Dr. Gailer, was indicted for stealing one burdet gown, two linen shirts, two linen sheets, three pair of thread stockings, and other things , the goods of Rachel Salt-house , March 24 .

Acquitted .

230. Elizabeth Garman , was indicted for stealing one Holland shirt, value eighteen pence, and other things , the goods of John Dodd .

The Prosecutor not appearing, she was acquitted .

231. John Pocker , was indicted for stealing one pair of cloth breeches, and one pair of leather breeches , the goods of William Green , Feb. 17 .

Guilty 10 d.

[Transportation. See summary.]

232. John Little , late of St. Andrew's Holbourn , was indicted for stealing two linen shirts, value 8 s. the goods of Patrick Cannan , Jan. 9 .

The Prosecutor not appearing, he was acqitted .

233. Samuel Carr , was indicted for stealing two linen sheets, value 4 s. one feather pillow, value 4 s. from his ready furnish'd lodgings . Feb. 17 .

Acquitted .

234. Winifred Curd , late of St. Giles's in the Fields , spinster, was indicted for stealing one linen frock, value 1 s. one cotton handkerchief, value 6 d. and other things , the goods of John Turner , Feb. 16 .

Acquitted .

235. Jeremiah Macklocklin , was indicted for stealing two gold rings, value 36 s. the goods of William Clark , Jan. 28 .

William Clark . The Prisoner came home in the same fleet as I did; we went to drink together, and I carried him into my own room. After I had fetched a dram, I saw the two rings lying on the cupboard by the fire-place, and my wife chid me for laying the rings so careless . I opened the drawer and put them in, and he saw me. I carried him to the Half Moon, near Whitechapel, to give him a pot of beer; he drank, goes out of the house to my wife, and tells her I would murder her, for an excuse to go to the rings. He confessed the taking them.

Mary Clark . After he and my husband were gone to the Half Moon, he came up and told me my husband was very angry with me, and would murder me; to which I gave but little heed; and in that time he had took out the drawer, and taken the two rings out. I was a washing, with my back towards him. When we took him, he confessed it to me and others, but denied it before the Justice.

Guilty , Transportation .

236. William Blisson , late of St. John Wapping , was indicted for stealing one pair of silver buckles , value 15 s. the goods of Charles Swansbury , Feb. 2 .

Guilty .

[Transportation. See summary.]

237. Andrew Clark , was indicted for stealing one silver pint mug, value 30 s. the goods of , Feb. 15 .

- Bartlet . On Saturday last the Prisoner came to my house, and called for a pint of ale and some meat: in the afternoon he came and called for a tankard of ale; then he came in the kitchen, joined with company, and drank out of a tankard. He took an opportunity to take away a silver pint mug out of the kitchen; he likewise took a great coat, for the people saw him take it away on his back. We missed him in about ten minutes. He took also a scimitar . I live at Bristol; but having some business in London, and looking over the publick papers, I saw a silver pint-handle advertised ; I went and saw it, and swore to it. There are the letters of my name on it. I found, the man that brought it to the silversmith was in Newgate. I went, and found the man there; he acquainted me how he came by it, and gave me some directions where to find the Prisoner at the bar: I found him, and secured him, and the bill was found against the Prisoner. The other is still in Newgate. I hope he may be allow'd to give his evidence; he seems to be an honest man.

William Ryon . The Prisoner at the bar delivered the silver handle to me betwixt Chipenham and Marlborough. I believe it was the tenth of this month. He overtook me and another young fellow upon the road; he told me he had belonged to the seas for a time, and seeing me to be a sailor, he said he wanted money, so he shewed me the handle, and I lent him half a crown upon it. I kept it in my pocket; and as he had no money when we came to town, he bid me keep it for the money he had of me; I went to a silversmith's shop, I cannot tell his name, a day or two after I came to town, and he stopped that and me, and I have been in prison ever since.

Mr. Watt . The last witness came last Wednesday was sen'night with this handle to me to fell; here are the letters upon it that the prosecutor named to me before he saw it. I know nothing of the prisoner; the prisoner confest he sold the body of it in Rosemary lane to one Mr. Gold for 4 s. per ounce.

Mr. Gold. The prisoner at the bar brought me the body of a tankard; he put it down and said, D - n it, while he was gone to sea his wife had made away with four, so he would have this; he said another man lived with her, &c. I do not know where it is now, I did not buy it.

Prisoner . I came to Mr. Gold's shop. His wife sent for me by a little girl. He scrupled first to buy it. He asked what I would have an ounce for it, and I ask'd him five shillings per ounce. His wife weighed it, it weigh'd six ounces and a half, and she paid me four shillings an ounce for it.

Gold. It is all false, my Lord; I have witnesses in Court, that can prove I did not buy it. If he would have let me have it for a shilling an ounce, I would not have bought it. I did not think he came honestly by it.

Guilty .

[Transportation. See summary.]

238. Agnes Cain , was indicted for stealing two linen aprons , the goods of Sarah Crouch .

The Prosecutrix not appearing, she was acquitted .

239. Dorothy Tracy , was indicted for stealing forty yards of poplin, made of silk and worsted, value 40 s. one pair of linen sheets , value 4 s. and other things , the goods of John Chillingsford .

Guilty .

[Transportation. See summary.]

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

Received Sentence of Death, 5.

John Raven , Nicholas Mooney , Thomas Holly , John Burk , and Benjamin Watts .

Transportation for 7 Years , 36.

Mary Henly , John Atkinson , Samuel Brisington , Thomas Hodel , Margaret Morris , Thomas Crouch , John Brown , Mary Spencer , Jeremiah Casway , Joseph King , John Gregory , Matthias Rhimas , Robert Watson , William Thomas , Robert Ward , Thomas Heydon , James Odway , Edward Tucker , Mary Green , Alexander Fisher , William Sheafe , John Pocker , Jeremiah Macklocklin , William Blisson , Andrew Clark , Dorothy Tracy , Elizabeth Leason , James Thomas , William Kenderick , Thomas Williams , Thomas Keen , Robert Sherard , Daniel Mackgregen , Hugh Matthews , Isaac Stitchbury , and James Fosset .

Burned in the hand, 7 .

Francis Frogmorton , and William Taylor .

Whipped, 7.

Mary Butler , Mary Brown , John Slegg , Sarah Jones , John Caster , Henry Dorset , and Robert Oberton .

SHORT HAND taught , in an easy and expeditious method, improv'd on Mason's foundation, after twenty nine years practice and experience; whose celebrated alphabet is superior to all others, (which a stranger to the art may see, by comparing it, &c.) by Thomas Garmy , the Writer of these Proceedings , and Clock and Watch-maker, in Bennet-street , near Christ's Church, Surry ; who attends every Saturday Evening , from Five till Nine, at the Last and Sugar-leaf, Water-lane , Black-fryars . Half a guinea entrance , and the like sum when the scholar is completed .

N. B. He also takes down trials at law.

Just published Price 3 d.

The Trial of Jonathan Brooks and James Grierson , otherways called John Guerson , Clerk , for wickedly devising and intending to aggrieve one Mrs. Mary, Spinster, worth in Lands and Moveable about 1500 l . in combining together, to procure her to be married to Jonathan Brooks , to the Intent of taking Possession of her Lands .

Printed for M. Copper , at the Globe in Pater-noster Row .