Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 December 2014), October 1749 (17491011).

Old Bailey Proceedings, 11th October 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,


On Wednesday the 11th, Thursday the 12th, and Friday the 13th, of October,

In the 23d Year of His MAJESTY's Reign.


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


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 Right Honourable the Lord Chief Justice WILLS, the Honourable Mr. Baron CLARK , and 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.

William Oram ,

Francis Gough ,

Jeremiah Garrard ,

William Bradbury ,

Thomas Millington ,

Henry Martin ,

John Constable ,

Jonathan Bird ,

David Martin ,

Jonathan Underwood ,

John Trent ,

Henry Downer .

Middlesex Jury.

Charles Price ,

Henry Southulb ,

Richard Waller ,

Richard Mount ,

John Bartholomew ,

Edward Brayne ,

Edward Grange ,

Anthony Denew ,

John Davis ,

Thomas Lynall ,

Champion Robards ,

John Man .

599. Mary Kelly was indicted for stealing one 36 s. piece, one guinea, one half guinea, and seven shillings in money numbered , the property of Thomas Cartwright , Oct. 1 .

Thomas Cartwright . I live in Bishopsgate street , the prisoner at the bar was my servant , and going to bed the 1st of October about one in the morning, I felt in my pocket and found my money was safe then; I had a 36 s. piece, two guineas, one half guinea in gold, and 12 s. in silver. In the morning my wife got up and left me in bed, and some time after I heard somebody in my room, turned the curtain aside and saw the prisoner; I asked her what she wanted; she made me no answer, but went away; I got up immediately, and felt in my pocket in order to put my money up, I miss'd it and went down stairs; I mentioned it to my wife, I desir'd the prisoner to walk up stairs, into the one pair of stairs room, and ask'd her if she had not robb'd me; she said she had not; said I, I will search you. I found in her pocket a remarkable sixpence with a hole in it, which I knew I took over night; I search'd her box after she was sent to the Counter, (then Mr. Kitchen was by) and in it I found a pair of old stockings, and a dirty hussiff, in which I found wrapp'd up two 36 s. pieces, one guinea, one half guinea, and seven shillings in silver; the next day I took her before the Alderman, where she told me there was more money than was mine, after I had told her I had found the money in a box; saying one of the 36 s. pieces was her own: the 36 s. piece of mine was not weight, and had a mark on it by the side of the head, I weigh'd it and found it answer to the weight before.

John Kitchen . I live near the prosecutor, he desir'd me to go up stairs with him to see the prisoner's box search'd, he told me of this last mentioned 36 s. piece, being mark'd, and what weight it wanted; it answer'd exactly, and I went with him to the prisoner and heard her acknowledge the fact.

Guilty of Felony.

[Transportation. See summary.]

600, 601. Thomas Clayton and Simon Case , were indicted for stealing one silk handerchief, val. 8 d . the goods of Wm. Powel , Sept. 29 .

The prosecutor was coming up Fishstreet-hill just by the corner of Crooked-lane , Clayton pressed against him, and took his handkerchief out of his pocket, and delivered it to Case the other prisoner. Clayton was immediately secur'd, and the other found in Southwark by his direction.

Both Guilty .

[Transportation. See summary.]

602. John Thomas , was indicted for stealing 14 pound weight of sugar, val. 3 s. the goods of Sir Samuel Penant , Knt. Sept. 16 . Acquitted .

603. Benjamin South was indicted for stealing one copper vessel weighing 35 pound , the property of Arthur Nash , Sept. 19

The prosecutor keeps a brasier's and ironmonger's shop at the corner of Coleman street ; the prisoner took this copper as it was standing at his door in the day time, and was stopped with it as he was carrying it on his knees before him; he call'd witness who proved he had a fracture in his scull which he receiv'd at the action on Preston Pans , and since that at times was not in his Senses.

He was Acquitted .

604. Richard Williams was indicted, for that he on the King's high way on Samuel Lane did make an assault, and him the said Samuel in corporal fear and danger of his life did put, one hat, val. 10 s. did violently steal, take and carry away , Oct. 2 d .

Samuel Lane. On the 2d of October I was walking along the Strand about seven o'clock at night, the prisoner came and took away my hat from my head, I did not see him till he had taken it; he ran down a place call'd Ivy-bridge , which is very steep down, I call'd out, stop thief, it was very dark, but I did well discern it to be a person in a soldier's coat, (he was a soldier .)

Butler. I heard the cry, stop thief, I have lost my hat, I saw the prisoner run, he had a hat in his left hand and another on his head, I pursu'd him till he was taken, for he never was out of my sight. When he was taken the hat was lying by his feet.

Charles Hugins . I heard the cry, stop thief, I run directly after the prisoner, I was the second person who laid hold of him, and I saw the hat taken up near the prisoner.

Benjamin Oldfield . I took the prisoner about a quarter of an hour after seven o'clock in Ivy-bridge lane, at my taking hold of him he drop'd a hat, which he had in his hand, he beg'd of me for God's sake to let him go.

Guilty stealing, but acquitted of the robbery .

[Transportation. See summary.]

605. Gyles Taylor , was indicted for stealing one silver watch, val. 40 s. one pair of leather breeches, val. 5 s. two linen shirts, val. 4 s. one silver stock buckle and 10 s. in money numbered, the property of James Scott , in the dwelling-house of Henry Field , July 16 .

James Scott . I live at Stoke Newington , I went to bed the 15th of July between nine and ten o' clock, I saw all these things before I went to bed, I miss'd them the next morning between three and four o'clock; the prisoner lodg'd with me in the same room in another bed, I saw him come into the room after I was in bed, but whether he went into his bed I cannot tell. When he was taken none of these things were found upon him; but after he was in Bridewell he confess'd to me that he had left my watch at Oxford, that he went to have the inside case mended, and that the workman spoil'd it.

Henry Field . The prosecutor and prisoner lodg'd together at my house both in one room; that night the prosecutor went to bed about nine o'clock, and the prisoner between eleven and twelve; it was about twelve before I went to sleep, I heard one of them go down stairs betwixt twelve and one, I thought one of them was gone to the vault; about four o'clock the prosecutor call'd me up, and said he had been robb'd; the prisoner was gone, and I never saw him again 'till he was taken up at Kingston and brought back.

Guilty 10 s .

[Whipping. See summary.]

606. Thomas Gouge , late of St. Leonard's Bromley was indicted for stealing one linen shirt, val. 4 s. two linen shifts, val. 3 s. two pair of worsted stockings, val. 2 s. the goods of Elizabeth Everest , widow , Sept. 14 .

Acquitted .

607. John Napleton was indicted for stealing one linen handkerchief, val. 9 d. the property of James Bradshaw , Sept. 1 .

This was for picking the prosecutor's pocket, and he was taken in the fact.

Guilty .

[Transportation. See summary.]

608. Francis Green was indicted for stealing two pound weight of sugar , the property of persons unknown.

Sept. 27 .

The prisoner was taken with the sugar upon him on the key, and near him a hogshead of sugar that agreed with what he had got with the head out.

Guilty .

[Whipping. See summary.]

609. James Needham was indicted for stealing one silk handkerchief, val. 2 s. the property of Isaac Gervace , privately from his person .

Oct. 3 .

Isaac Gervace . Passing through Cheapside , Oct. the 3d about eleven in the forenoon, I found something press against me, I turn'd about, and found my handkerchief in the hands of the prisoner; I charging him with it, he drop'd it down and ran across Cheap side, I pursu'd him; he then cross'd again, and I took him in Wood-street.

Guilty 10 d .

[Transportation. See summary.]

610. John Roberts was indicted for stealing one hundred and a quarter weight of sugar , the goods of persons unknown, Sept. 14 .

Acquitted .

611. Sarah Mason was indicted for stealing one light-coloured cloth cloak, value 4 s. the property of Thomas Hassels , Sept. 14 .

The prosecutor's wife took the prisoner with the cloak upon her after missing it out of the shop where the prisoner had been just before.

Guilty 10 d .

[Whipping. See summary.]

612. Ruth Gower was indicted for stealing one linen sheet, val. 9 d. one linen shift, val. 2 s. one linen handkerchief, val. 6 d. the goods of Thomas Addy , Sept 23 . The prosecutor not appearing she was acquitted .

613. Henry Brown was indicted for stealing one silver tankard, val. 10 l. the property of Christopher More , Sept. 20 .

Christopher More . I live in Gosport street, in St. Martin's parish ; I lost a silver tankard, Sept. the 20th about 8 o'clock in the evening.

Q. Why do you charge the prosecutor?

C. More. The prisoner came in the afternoon and ask'd for lodging by himself; I did not suspect him then, but the Monday morning following he was taken up for another robbery; he confess'd one Mary Jones , who is not taken, pawn'd my tankard in St. Martin's lane for three guineas, and gave him half a guinea of the money, saying, he and she waited at my door while two other lads brought it out to them, and all went away together.

Thomas Rutherford . I am a constable, I took the prisoner before Justice Fraser, he own'd the same there, the prosecutor has said; but the pawnbroker before the Justice said, there never was such a thing pawn'd there.

Acquitted .

614. Charles Mosely was indicted, for that he on the King's high-way on Elizabeth Diamond , widow , did make an assault, putting her in corporal fear and danger of her life, two cotton handkerchiefs, val. 1 s. one silk handkerchief, val. 1 s. one pair of spectacles, val. 2 d. and sixteen pence in money numbered, the property of the said Elizabeth Diamond , from her person did steal, take and carry away , Sept. 17 .

Elizabeth Diamond . On the 17th of last month, coming along Prince's street about nine o'clock at night he threw me down, and put his hand to my throat, and almost stop'd my breath, he cut my pocket and took what money I had got, and my cloak and two handkerchiefs, which were about my neck, and another cotton one, and several other things I had about me, and told me he would put his hand between my ribs if I spoke a word; the next morning I saw him in a gin shop, and seeing my two handkerchiefs about his neck, I took hold of him with my hands; sirrah, said I, it is hard you should have my two handkerchiefs, and I have nothing to put on to keep me from the cold, but he abus'd me very much. Another witness that is here came by, I told him what I had lost, he was search'd, and these other things were found upon him, and he deliver'd me the two handkerchiefs himself.

Q. Where was you coming from at this time?

Elizabeth Diamond . I had been abroad several years, I had travel'd from Naples on foot by Rome, through Italy to Paris, and from thence to Kent in this kingdom, and had earned a little money there in gathering of hope, which I had in my pocket, and the prisoner took from me.

William Sashfield . On the 18th of September I was going about my business crying old cloaths, I saw the prisoner and prosecutor struggling for these two handkerchiefs: I ask'd her what was the matter; she said she had been robb'd the night before. When the handkerchiefs were taken from him I ask'd if he had any other things; in searching him I found a pair of spectacles, a knife, a wooden spoon, and a tin pot; he said he brought the handkerchiefs at the sign of the Greyhound, but did not mention the street; so I and two other man brought him to the Round house.

Mr. Humes. Coming near my own house, seeing a struggle between the woman and the prisoner I heard the woman mention every thing before they were found upon the prisoner; and after, I saw the tin pot, spectacles, and wooden spoon taken from him.

Guilty of Felony only .

[Transportation. See summary.]

615. Jonathan Scalock was indicted for stealing 3 diamond rings, val. 15 l. the property of Mary Darking , spinster , Oct. 10 .

Mary Darking . I live at Chelsea, the 13th of last month I went out of town and left 3 diamond rings on the table in the back parlour. I left only the maid-servant and that boy the prisoner at the bar at home; at the same time the boy and rings were gone together, and the boy was stop'd with the rings.

Thomas Cooper . I live in Bunhill-row, I am a tualler, the prisoner came to our house with a brewer's servant, and call'd for a pint of beer; being a mourning ring on my finger, he ask'd me if I knew the value of rings; he shew'd me these rings, saying, they were white stones set in silver; I remembred something of such rings in the Advertiser, I step'd back, and looked over the paper, and found them described with 15 guineas reward. I secur'd him and the rings, and went to the place the advertisement directed: he then confest they were the prosecutor's, and that he stole them from off a marble slab in the parlour.

Guilty Felony.

[Branding. See summary.]

616, 617. John Jones and Elizabeth Sheerman , wife of Richard Sheerman were indicted, for that John Jones on the 27th of Sept . one piece of a brass cock, value 1 s. four iron screws, val. 2 s. one brass cock, val. 14 s. the goods of ; and Elizabeth Sheerman for receiving them, knowing them to be stolen .

The prisoner Jones had laid in the Store-room about the time the things were lost; upon his being examined confess'd where he had sold the things, which was to Elizabeth Sheerman who keeps an old iron shop in Westminster, who call'd witness to prove she bought the goods at a market-price.

Jones guilty 10 d .

Sheerman acquitted .

[Whipping. See summary.]

618. Walter Williams , was indicted for stealing one cotton gown, val. 2 s. one cloth cloak, val. 2 s. three linen aprons, val. 1 s. 6 d. and other things the goods of Mary Ann Holt , spinster ; one table-cloth , the property of John Holt , Sept. 1 .

The prosecutor found the prisoner with her own son in her house at the time she miss'd the goods, and has not seen her son since they found some of the goods at the pawn-broker's, pawn'd by the prisoner, but no proof that the prisoner stole them.

Acquitted .

619. Thomas Bennet , late of St. Leonard, Shoreditch , was indicted for stealing one bever-hat. val. 6 s. the goods of James Savage , Oct. 4.

The prisoner came to the prosecutor's house to see his daughter, he took the hat away with him, and was taken in the street offering it to sale.

Guilty .

[Transportation. See summary.]

620, 621. Henry Hale and Joseph Butler were indicted for stealing five linen gowns, two silk handkerchiefs, three linen aprons and other things to the amount of about 48 s. the goods of John Iverson , Oct. 21 .

John Iverson . I live in Ratcliff high-way , Joseph Butler is my apprentice , I am a smith or shovel-maker ; Hail is an apprentice to my next door neighbour; Butler confess'd he took these things mentioned, and carried them over the way to a shop I have there, and left the back door open, and the other us'd to take and pawn them at several times: Hall, when taken up, confess'd the same.

The prosecutor's were the same.

Both guilty 10 d .

[Whipping. See summary.]

622. Henry Hunt was indicted for stealing four silver tea-spoons, val. two silver val. 30 s. two silk gowns, one g, and other things, the goods of Walter Cocket , in the dwelling-house of William Harding , July 9 .

William Harding . I live at Limehouse, the prosecutor is my son; about the 9th of July the wearing apparel, money and p, were most of them taken away from my house, and were found at the prisoner's lodgings; there was a girl came to me about eight in the evening, and told me the house had been robb'd, and that my son's wife and the prisoner were gone away together; I found it so, and let my son know of it, and when he came home we found every thing was gone; we got a search-warrant, and found them in the prisoner's lodgings, which was at a gardener's at Chelsea, and there were found in the tail of the prisoner's shirt 11 guineas in money, and he had a silver buckle belonging to my son found upon him; first the prisoner said the things were his own, but afterwards he denied it.

James Jones . The prisoner came into my master's garden where I work; about the 6th of June he told me he would give me part of a full pot of beer if I would carry the box of things to the corner of the field, telling me he was going to remove his quarters, (he is a soldier.) I carried the box and deliver'd it to the prisoner at the place mentioned.

Q. Did you see the prosecutor's wife then?

Jones. No, I did not, my lord; I was present when the box was found, and know it to be the same watch I carried for the prisoner.

Thomas Kennard . I am a constable, I had a warrant brought to me the 12th of July last, I went with the prosecutor and the other two witnesses and took the prisoner; we found the box, the prosecutor opened it, and the prisoner was standing by.

Q. What things were there in the box?

Kennard. There were a while dimity gown, four silver tea-spoons, a pap-spoon, two silver corals with bells, one silver buckle which was in the prisoner's pocket; the prisoner said the things were his property; at last he said to the prosecutor, the things are yours, friend, and I am sorry I have been guilty of the thing; the prosecutor's wife was there, and, as far as I can find out, she and the prisoner had laid there together a night or two.

The prisoner call'd a serjeant and other officers in the army, who gave him a very good character, as a soldier.

Guilty 39 s .

[Transportation. See summary.]

623, 624. William Southey and James Ackman were indicted, for that they, on the King's high way on Sonoves Mellek did make an assault, putting him in corporal fear and danger of his life, one cloth cloak, val. 4 s. two diamond rings, val. 20 l. and other things, the goods of the said Sonoves, did steal, take, and carry away , Sept. 13 .

They were a second time indicted, for that they on the King's high-way on Sydro Meilek did make an assault, putting him in corporal fear and danger of his life, eight yards of linen cloth, val. 16 s. one guinea and ten shillings in money, number'd, from his person did steal, take, and carry away . Sept. 13 .

The two prosecutors, and their other witness being all three Muhomitans, they could not be admitted to swear upon the New Testament, and there being no other witnesses the prisoners were acquitted .

625. Mary Heath , was indicted, for stealing one pair of linen spaterdashes, val. 2 s. the goods of George Crawford .

The prosecutor not appearing she was acquitted .

626. Edward Dunfield was indicted, for that he, on the king's highway, on Thomas Rogers did make an assault, putting him in corporal fear and danger of his life, one pair of silver shoe buckles, val. 4 s. one pair of silver knee buckles, val. 2 s. the goods of Edward Blasfield , and 9 s. in monies numbered, the goods of the said Thomas did steal, take and carry away . Sept. 10 .

Thomas Rogers . I set out on foot from London, in order to go to Wales, Sept. 10. about 7 or 8 miles out of London, the Prisoner was riding the same way; we fell into discourse together, he ask'd me where I was going, and who I was; I said, I was a Welchman from Mongomeryshire; he ask'd me where I had been, I said at London; he said, what have you been doing there? said I, paying a visit to a brother; he ask'd my brother's name, I said, William Rogers ; he ask'd what business, I said, a master taylor; said the prisoner, he is a great friend of mine, he works for me, then I was very fond of his company; he complained that riding had made him very sore, and he rode on one side, as though he was hurt by riding; his horse had sweat very much: we came to a public house, the sign of the Adam and Eve, two Miles beyond Acton; the prisoner said, for the love I bear to your brother, I'll make you drink; he call'd for a pint of beer, ( before we came there, be put me on his horse, and he walk'd by on foot, I lik'd that very well,) I ask'd him how he came to be so very well acquainted with my brother; he, said he, meaning himself, was a master robe-maker. said I, are you the gentleman's brother that died lately, near Brook-street? Yes, said he, and added, your brother is making me a suit of mourning for my brother. Said I, pray Sir, what is my sister's name? How can I tell that? said he, and seem'd to frown upon me; then, said I, do you know my brother's fore-man's name, or any of the journeymen? He said, he did not: this conversation was after we was past the alehouse, and I walking by him on foot. We came to a little town call'd Hays; then he pull'd out 3 gold rings, and said he was a goldsmith, and was going to receive 4000 l. and told me if I had only 1000 l. it would make me a man for ever. So it would, said I; then we was within a furlong or two of the Angel in Hay's parish; and he would have had me buy these rings; I said, I had no knowledge as to the value of them, nor money to pay for them; said he, one is a diamond ring.

Q. Did you buy them?

Rogers. No, my lord, I did not; then he put his horse before me, and said, how much money have you got, saying, I want you to lend me 10.

Q. Did you lend him 10 s?

Rogers. No, my lord, I did not. Said he, I will have 10 s. of your money; I pull'd out my money, which was 14 s. and held it in my hand; he took 9 s. of it. and bid me keep the other 5; he let me go a little farther, then said, I will have the silver buckles you told me about, and do not make words; I pull'd them out, and he brought his horse up to me and wretch'd them out of my hand, in spight of my note, they were bought for 18 s. I had, in our conversation, told him of these, which I was carrying down, they were shoe and knee buckles. Then he rode off to the sign of the Angel, and I ran after him as hard as I could; before he got in at the house, I saw the Gentleman take his horse, and put him into the stable: he went into the house, and I after him, thinking to secure him, but my heart failed me; the prisoner bid me sit down, which I did; I eat with him, more for fear than good will.

Q. Why did your heart fail you?

Rogers. I was fearful he had more of his gang in the house. The man of the house ask'd him what his name was, he said, his name was Jibson; said I, notwithstanding you have denied your name before, I know your name now: hush, hush, said he, then he pull'd out money, and paid for what he and I had eat and drank; then I went out, and went forward to a heath, there I sat down, considering what to do, whether to go forward or return. In about an hour the prisoner came riding along, I jump'd up and took hold of his bridle, saying, let me have my money and buckles again, that you robb'd me of; he made out of the road, and turned into a long-lane. I still held fast by the reins of the bridle; he pull'd out a cutlass from under his right-side, and cut me cross the head, and also my clothes very much ( he shewed the scar about an inch and a quarter long near his right ear) I believe I kept my hold for about 40 yards, the horse running hard, and trampling on me: he got from me, and left me bleeding on the ground; then I came back to the road; some people said, here is a man that has been fighting; there came a coach, and I told the people what had happened, and beg'd I might ride behind the coach to London, which they granted; then I related the affair to my brother. In the prisoner's and my conversation, he had told me he was going to Uxbridge; I went to the house he had mentioned, where I was told, he had laid there the night the fact was done, and that he pull'd out the silver buckles, and put them in his shoes and knee; there I was informed he died the Oxford-arms in Tyburn-old; I went there on the 18th of the same month, and saw him coming up the street; I step'd into the house, and told a man, who assisted in taking him. We took him before a justice, where he confest the two pair of buckles was mine, saying I gave them him to carry, which I never did, and likewise that I lent him the money: he had the buckles in his shoes and breeches knees, from whence he took them, and gave them to me.

Questions from the Prisoner. Whether or no it was not the proposal of the prosecutor, to offer to lend me this money, while he was riding my horse, as I had told him I was short of money?

Rogers. I did not offer to lend him my money.

Q. Did not he bid me take another shilling, the time he was giving me the 9 shillings?

Rogers. No, I did not.

Q. Did I not offer to pledge a gold-ring for the money ?

Rogers. No, my lord, he did not; he wanted me to buy the rings, which was before he took the 9 shillings.

Q. Whether I did not pay 3 s. 3 d. for the prosecutor's beer and victuals at one house, and 15 d before?

Rogers. My lord, he did pay for me, both before and after the robbery.

Q. Did not the prosecutor appoint to meet me, at the King's-arms at Uxbridge, to have his things again?

Rogers. The prisoner did not appoint any such thing.

Q. My lord, it is strange the prosecutor should not apprehend me at the public house, and after that, should attempt it alone?

Rogers. I thought I stood a better chance with the prisoner by myself, fearing he had companions in that house.

William Rogers , Michael Henningway and James Price the constable corroborated what the prosecutor had said, as to owning the buckles and the taking and searching the prisoner.

Prisoner's defence. He gave me the things in care, saying they were safer with me than with him, the money he lent me; I gave him his dinner, and told him I would give him his money again the same night, or next morning at Uxbridge with the buckles, and we parted good friends. I did belong to the first troop of Horse-guards, and have been a soldier almost all my life time.

Guilty of felony only .

[Transportation. See summary.]

627. Phillis Jones , late of St. Andrew's Holborn , was indicted for stealing one linen gown, val. 8 s. one fustian frock, val. 5 s. one linen shift, val. 2 s. one pair of worsted stockings, val. 1 s. one damask napkin, val. 6 d. one hair cap, val. 1 d. four linen caps, val. 1 s. and other things, the goods of John Proctor , and one basket , the goods of John Lewis . June 17 .

These were clothes delivered to a washer-woman, who intrusted her to carry them home again to the prosecutor, who had sold them; some of which were produced in court by the person who bought them.

The prisoner own'd the taking them away, adding she was in liquor at the time she did it.

Guilty 10 d .

[Transportation. See summary.]

628, 629, 630. Matth.ew Buck , Thomas Loyer and Mary Carmichal were indicted, for that they, on the king's highway, on James Maschal did make an assault, and him in corporal fear and danger of his life did put, one hat, val. 2 s. against the will of the said James, did steal, take and carry away .

Sept. 10 .

James Maschal . On the 9th of Sept. about 12 at night, I was going down St. Gyles's , the prisoner Mary Carmichal took my hat off my head; I took hold of her, a man struck at me and knock'd me down, and another struck me over the mouth; then I cry'd out murder and thieves; I saw the prisoner deliver my hat to a man, but I held her fast when I was down, till the watchman came to my assistance, I cannot swear to any of the men.

John Riley , who called himself an accomplice, deposed the two men were in company with Mary Carmichal and himself in the robbery, but gave such an account of the lights, and people in the street at that time, which contradicted what Francis Farrel the watchman deposed, that the jury gave no credit to what he said.

Burk and Loyer, acquitted .

Mary Carmichal , guilty of felony only .

[Transportation. See summary.]

631. James Smith , late of Horsey in Norfolk , was indicted for that he, together with divers other persons, to the number of 30 and upwards, on the 11th of March, in the 20th year of his present majesty , being arm'd with fire-arms, and other offensive weapons, were assembled in aiding and assisting in the running goods, liable to pay duty .

Abraham Bailey . I am an assistant to the office of customs in London, on the 10th of March 1746, I went to Horsey in Norfolk , to see my friends. I came to William Manning 's between 11 and 12 o'clock, I heard there were several smugglers in town: I had been at the farmer's house about a quarter of an hour, when a man came and knock'd at the door, and told me, there was a messenger came, and wanted to speak with me at the next house; the answer I return'd was (it was only Dick Costings, and if he wants me I should be glad to drink a tiff of punch with him, for I should not stay here an hour.) Mr. Manning reply'd, you silly rogue, he will not come alone, for here are many rogues in town now. After this there came eight or nine men to the door, some I knew, and some were strangers; they wanted me; the farmer kept the door lock'd and said I should not go out, I saw the prisoner at the bar amongst them they broke into the house, and I fled into the barn.

Q. How can you remember the prisoner from that time among so many?

Bailey. He was remarkably dress'd, being stuck out with pistols and other arms in an uncommon way; he had a great many of them; they found me in the barn, and brought me to where they were assembled together at Mr. Pearson's; the first thing they, they block'd my face and put me across a stick, and made me what they call their member of parliament; they kept me there that night, then th me go to the farmer's house again one of who was a Yarmouth man; we smoak'd a pi ther, then I went to bed, and I had not there above a quarter of an hour before they and took me out of my bed and me in el manner, and carry'd me, and tied a rope about me and hang'd me across a tree, where I hung some time in much pain; the next day between twelve and two o'clock, they went to the Beech; there were upwards of forty of them, and I saw the prisoner at the bar among them; according to the best of my knowledge. they were one and all arm'd, but I will not swear particularly as to the prisoner being arm'd; some had blunderbusses, some one thing and some another; I went that way and saw them load there goods; it was in my way home; I saw the cutter come in, and told the smugglers of her as they were going along. According to the package of the tea and casks, it was intended to be run; the tea was in oil-skin bags, which held about 26 or 27 pounds weight each, and the casks were slung with ropes; I saw a general loading, and saw them go off in form, two and two, towards Winterton side.

Cross examin'd. Should you remember the faces of either of these seven or eight you saw at that time, was you to see them now?

Bailey. The prisoner was arm'd at that time in a very particular manner, which makes me remember him.

Luke Manning . I am a farmer at Horsey, Abraham Bailey was at my house at this time; these people came, and after they got into my house one of them took hold of John Dew , and with an oath said he should go along with him; another of them said with an oath again, you have got the wrong person; so he let him go; then the prisoner said he would have Bailey: I believe the old smuglers had made him drunk; for they had dress'd him up with pistols in an odd manner; and he hardly knew what he did. He went on, and gave an account of the cutter coming on, of many of that the prisoner was in company, young an to take the goods away, but could not say the prisoner was arm'd.

Ann Rox , the other witness, could not the prisoner had arms, in going down to the, but said the same with the other two, as to the affair at Manning's house.

Acquitted .

632. John Hutchings was indicted for stealing one pair of cloth breeches, val. 10 s. one pair of knee buckles, val. 3 s. one linen handkerchief, val. 6 d. one man's hat, val. 2 s. and other things , the goods of Richard Parker .

Ann Farmer . I live over the way from the prosecutor. I saw the prisoner squeeze by a hogshead, and put his hand into the prosecutor's shop, and take out a bundle, but could not alarm the people time enough to take him: I described him so near, that they brought two persons to me in such like clothes, neither of which was him; afterwards the prisoner was brought, and I am certain he is the man.

Richard Parker . The handkerchief was about his neck when he was taken, which the goods were tied up in.

Guilty .

[Transportation. See summary.]

633, 634. Diana Nichols and Mary Taylor were indicted for stealing one bushel and a half of walnuts, val. 7 s. the goods of Anthony Lovet .

Sept. 17 .

Both acquitted .

635. Susannah Reeves was indicted for stealing one pewter gallon pot wine measure, val. 8 d. the goods of John Philips .

Sept. 29 .

Guilty .

[Whipping. See summary.]

636. John Miller alias Sergent was indicted for stealing one silver tankard, val. 6 l. two linen shirts, val. 5 s. three silk handkerchiefs, val. 3 s. one black hood, val. 1 s. one case of fleams, val. 1 s. one large silver coat button, val. 1 s. the goods of David Griffiths .

Sept. 10 .

David Griffiths . I keep a public house, the prisoner at the bar had used my house about 6 weeks or 2 months. On the 10th of Sept. he came to my house to dinner, and after that he seemed to be very much in liquor; he beg'd the savour to go and lie down on the bed, I took him up stairs, and let him lie on my own bed, which he did; there were the silver tankard and other things then in that room. My wife and I took a little walk out, and left my man John and a young woman to take care of the house; we were gone out about 2 or 3 hours, when we returned, the prisoner at the bar was gone; we went to bed that night, and got up as usual; next morning my wife went to see for the tankard, before she had put on all her clothes, and found the tea that was in it was emptied into a in the window, and the tankard was gone: where we were upon the inquiry where to find him, he came in and took the paper to read; my wife and I told him, as he was going out, we wanted to speak with him; I charged him with taking these things, he denied it, and began to curse and swear he never wronged man, woman or child in his life, saying, he would surrender himself, and would not stir. I sent for a constable, and we took him to Sir John Barnard the sitting alderman; the alderman ask'd him where he lodg'd; he said, he had no lodgings at all, but sat up in a box in the street; said the alderman, where is your chest or clothes? said he, I have no box at all: he said he had a brother-in-law liv'd at the Ship Tavern, Temple-bar, who was drawer there; when we went there to inquire about him, his brother told us his name was Sergent, and we found that he lodged at his own sister's; we found a trunk there with his clothes in it, which he had on when at my house; then we took him to Guildhall, and he was committed; upon which his sister came to our house, and told my wife, if we would be easy with her brother, she would help us to the tankard again. As I was going along with her, she said, I must have a nightman to get it up, it being down the vault where she lodged: I got a nightman, who soon brought up my tankard out of the vault. The constable found his trunk, and in it the rest of the things mentioned in the indictment.

William Truckel another witness who was at the finding the tankard and other things depos'd the same.

Guilty , felony.

[Transportation. See summary.]

637. Lidia Whittmore was indicted for stealing two 36 shilling pieces, two Moidores, one guinea, the goods of Jane Mawley , one child's skirt of a frock, and other things , the goods of James White .

Sept. 6 .

The prisoner had lived servant with the prosecutor, she was gone away before the things were miss'd, the prosecutor being very ill, her son went and found the prisoner and some of the things belonging to James White, the prisoner never confest taking the money, but owned to the other things.

Guilty , felony.

[Transportation. See summary.]

638, 639. Benjamin Bristow and Thomas Constell were indicted for stealing 7 pound weight of Sugar, val. 3 s. the goods of John Froom .

Sept 24 .

Bristow acquitted , Constell, guilty 10 d .

[Whipping. See summary.]

640, 641, 642. John Waine , John Cumings and Cornelius Sullivan were indicted for stealing a pair of stockings, val 7 s. the goods of John Williamson , privately out of the shop of the said John Oct 7 .

John Williamson . I live in Holborn , and keep a hosier's shop . I lost such a quantity of stockings, and believe them to be mine, but did not see the prisoners a them.

William Hassall . I happened to be in company at the the Two Brewers Holborn, on Saturday last, and the three prisoners came into the house, Waine and Cumings had some words, it came at last to blows; the landlord turn'd one out at one door, and the other at another; they met and fought in the street, Sullivan had the stockings wrapped up in Waine's coat: I suspected them to be stolen; I ask'd him, how he came by them; he said they were Waine's, adding he bought a pair of him for a shilling; we took the prisoners in a coach to justice Fielding's, going along Sullivan strip'd the stockings from off his legs, and ask'd Comings for his other stockings; Comings took them out of his pocket, and Sullivan put them on; here is another witness has got those he pull'd off, which are such as the others we found in his custody.

George Taylor produc'd them, and mentioned as above.

Dorothy Williamson . The two prisoners, Waine and Sullivan, came into my shop to buy some stockings, Sullivan stood near where the stockings lay; when they were gone, I miss'd 7 pair.

There were two other witnesses, to prove what Mr. Hassall had before deposed.

Waine and Sullivan guilty 4 s. 10 d .

Comings acquitted .

[Transportation. See summary.]

643. Ann, the wife of William Moles , was indicted for stealing one linnen counterpane, val. 10 s. one pair of shag breeches, val. 10 s. the goods of John Godwin , Sept. 16 .

Acquitted .

644. Elizabeth Bowmaster , wife of Hendrick Bowmaster , was indicted for stealing two linen shirts, val. 10 s. the goods of Edmond Morgan , Oct. 7 .

Acquitted .

645. Mary Godard , alias Blare , was indicted for receiving goods, knowing them to be stolen .

James Mackey , and Jane, his wife, deposed the same, which they had the last Sessions on the Trial of John Godard, No. 559. and likewise that the prisoner was called by the name of Mary Godard , as wife to the said John, the jury concluded that what she did was by the direction of her husband, and she was Acquitted .

646. John Johnson , late of St. Andrew, Holborn , was indicted for receiving part of the goods for which the prisoner Mary Godard , alias Blare, was tried for knowing them to be stolen , July the 14th .

Mr Hains produc'd a copy of the record of Sup trial.

Aug. the 3d.

Mr Adams Wright depos'd as in the trial of John Godard , and also Mr. Hughes, which last witness proceeded as follows : I had reason to suspect the prisoner at the bar had bought some of the goods, if not all, by a person who had seen the ear-rings in his custody, and had broke up three such rings as I lost, in the prisoner's house, by his direction; upon this, I had a search-warrant, and went to execute it: I took the constable and jewels along with me the 28th of September to the prisoner's house, who lives in Holborn near the end of Leather lane; I went into the prisoner's house to the place I was directed without taking any notice of the prisoner, and order'd the prisoner from his door to come to me. (This was a little room joining to the shop backwards) I desir'd the prisoner to open such a buroe, telling him I had a search warrant, &c. he open'd it, and I found there two drops of ear-rings in a pen-case, which I believe to be mine; I deliver'd these things to the constable, and desir'd a person present to fetch my wife; she came, and I desir'd to know if she could recollect these things; she made answer, that one drop may be like another, and said she could not swear to them; then she said, if they are mine, the middle one has been lately mended in a remarkable clumsey manner; the constable having them in his hand, he look'd at them, and said, madam, I believe this is it; at her seeing it, she made oath that it was her's; upon that I desir'd the constable to take charge of the prisoner; we took him to Justice Fielding's, and he was committed; the prisoner told me before he went there, that he had bought every thing, and I should have them all again if I would make things easy, if they were above ground. I told him I should do nothing but what the law would permit; he said he bought them of Moll Blare; two days afterwards he sent for me to New-prison, and acknowledged he bought my gold watch, three diamond rings, two ear-rings, and Mr. Wright's silver watch, all together for 24 l. The prisoner was my neighbour, and had ask'd me several times if I had heard of my things, and had commiserated my misfortune, (from whence I conclude by the things being advertised before he knew the things were mine ) he made a calculation of what he sold them for, and said he got about three or four pounds by them.

Sarah Hughes . The stone drops which were found in the prisoner's house, I know to be mine.

Moses Bargae . I am a jeweller, I live in Summer-street at the bottom of Leather-lane, the prisoner sent for me in a hurry some time in July last, and to bring him a wax box, which I did to stick loose diamonds in; he desir'd me to call again another time, and I should see what diamonds he had to dispose of; he shew'd me some heads of rings, that is the stones in the collets without the rings; one or two of them were loose out of the collets; he desir'd me to break them up, which I did, and weighed them separately, the roses in one part, and brilliant in another; I set down how much money they weighed; it amounted to 8 l. 16 s. 6 d. I bought them and my partner paid the money: when I call'd again, he said he should have a pair of ear-rings, by which I might get three or four pounds profit; this was, I think, about the 15th or 16th of July; I kept the diamonds three or four days and sold them for 5 s. profit; he call'd about a fortnight or three weeks after this, and said it I would call such a day I should see the ear-rings, but I was not to bring my partner along with me; said I, I can do no business without him; but he insisted upon my coming without him, &c. I went and saw the ear-rings in a little back room in his house where I broke up the rings; he said he would have 12 l. for them; I said, I would give him 6 l. 15 s. about a day or two after he said, if I would break them up I should have them; I said they were too good to be broke up; afterwards he gave me a caution not to tell one Robins that I had seen the ear-rings at his house: about a fortnight after this Mr. Robins came to me and shew'd one pair of ear-rings; said I, you bought these of Johnson; but afterwards I found he did not: but after Mr. Robins heard of this robbery, he came to me to know if I could describe these ear-rings I had seen at the prisoner's; he told me a worthy gentleman had been robbed, and carried me to Mr. Hughes's shop; I described the ear-rings by drawing them with my pencil, to Mrs. Hughes; she said, upon the account of the value they could not be hers; she particularly described the three rings that were broke up; then said I, these ear-rings must be yours.

Q. to Mr. Hughes. What do you value the earrings at?

Mr. Hughes. About 18 l.

James Price the constable deposed the same with Mr. Hughes.

Prisoner's defence. I bought those things for 26 l. 2 s. and sold them for about 3 l. 10 s. or 3 l. 15 s. profit. Mr. Hughes shall have the gold watch again.

Acquitted .

647. Ann Masterson was indicted for stealing one pair of leather breeches, val. 2 s. one pair of fustian breeches, val. 3 s. the goods of Thomas Leonard , Oct 3 .

The prosecutor lives in High-Holborn , the prisoner took the things as they were hanging at his shop door, and was taken with them upon her as she was going off.

Guilty 10 d .

[Whipping. See summary.]

648. John Crosby was indicted for stealing one silver watch with two seals, val. 30 s. the goods of William Watts , July 5 .

William Watts . The prisoner was come upon likeing to my master, a baker at Poplar to go apprentice; I had hung my watch up in the bake-house, and the boy and watch were missing together; the 5th of July I found it again, but the seals were gone. The prisoner confess'd before Justice Barry last Thursday, that he stole the watch, and sign'd his confession. (it was read in court.) The watch was sold to a barber at Highgate, who delivered it into the justice's hands.

Guilty 39 s .

[Transportation. See summary.]

649. Joseph Dancer was indicted for falsely forging and counterfeiting an acceptance to a bill of Exchange for the sum of 4 l. drawn upon Israel Walker , Oct. 1 .

The prosecutor not appearing he was acquitted .

450. James Hertford was indicted for stealing one cloth coat, val. 10 s. and 6 d. in money numbered , the property of Henry Witts , Oct 3 .

The prisoner was cast upon his own confession. Guilty 4 s. 10 d .

[Transportation. See summary.]

451. Francis Forbes was indicted for stealing one pair of cloth breeches, val 10 s. the property of William Gavin Sept. 12 .

The prisoner went to buy a pair of breeches at the Mr. Gavin was turning himself me down to shew him, the prisoner his coat; the prosecutor took of the shop with them upon him; and him found he had no money about him to buy.

Guilty Felony.

[Transportation. See summary.]

652, 653. Francis Brown was indicted for stealing 8 pair of leather soles for shoes, val. 9 s. the goods of John Hailey , Sept. 21 . and John Butts for receiving them, knowing them to be stolen .

Charles Pennice , being an accomplice with Francis Brown , came as an evidence, but both he and Brown being two little children , and he not knowing the nature of an oath, was not admitted an evidence, though he an the prisoner Brown both declared they stole the things from the prosecutor, and sold them to Butts for one shilling. They were both acquitted, and the Lord Mayor order'd the two starving children to the London work-house .

654. Elizabeth Killegrew , spinster , was indicted for stealing one silver pint cup, val. 20 s. one silver waiter, val. 20 s. one silver milk-pot, one silver pepper-box, one pair of silver tea-tongs, three silver spoons, and 20 s. in money numbered, the goods of Ann Clark widow ; four shifts and three aprons, the goods of John Craxton , in the dwelling-house of Ann Clark , March 5 .

Mr. Pain. I am a pawn-broker and live in Bow-street, Bloomsbury; on the 6th of March last, the prisoner at the bar offer'd a silver waiter and a silver pint cup to pledge, part of these goods: I had known her some years; but she appeared not so credible as before I had known her; I would not lend her any money upon them; she said she was sent with them by a person of repute; I told her if she did not bring me the person I would not advance any money upon them; she went to fetch the person, and in the interim I had notice sent me from Goldsmith's hall about these things being stole; she got off then, and I never saw her since till last Friday, when she brought me some camblet. I stop'd the prisoner, and she confess'd she had committed this robbery; we have found the waiter; it was sold to a silver-smith in Westminster, and the cup he had melted down.

William Comington . I was servant to Mr. Craxton of Tottenham-high-Cross, I know this waiter is his property; Mrs. Ann Clark was matron of the work-house belonging to Mr. Craxton; I was going the 4th of March to take care of my horses; when I came to the gate of the work house, I saw the door open; this was in the grey of the morning. I went into the yard and call'd Mrs. Clark; she got up and came to the window, I told her the door was open; she put on her things and offered to come down, but the stair-foot door was buttoned fast; she went up again and directed me to a door where I might enter, and let her out, which I did; as soon as she came into the kitchen, she opened a little cupboard, and said, she was robbed; then she found the prisoner was gone. I carried the paper to be printed, and to be distributed from Goldsmith's-hall, of the contents of the goods, &c.

James Cessil . I am constable, I live opposite Mr. Pain's; he sent for me this day seven-night, I took charge of her; she made a voluntary confession of the fact, and I saw her sign it.

Prisoner. It is the first fact I ever did, I have nothing else to say.

Guilty 39 s .

[Transportation. See summary.]

655. William Gaskine was indicted for stealing one Coffoy seat of a chair, val. 10 s. the goods of Peter Brooks .

Oct. 11 .

Guilty .

[Transportation. See summary.]

656. Judith Carneen alias Kelley alias Donoly , spinster , was indicted, for that she on the 16th of May, In the eleventh year of his present majesty, did marry one William Kelley , and after that on the 13th of April, in the 19th year of his present majesty , did marry one Lawrence Donoly , stationer , her former husband being then living .

Cornelius York . She has been wife to William Kelley , as appears by Wm Kelley's affidavit, before my lord chief justice Lee, which I have in my hand.

Lawrence Donoly . Here is an affidavit to prove that he never swore such a thing; neither of them were read as not being evidence.

York. She was married to him in the year 1738.

Q. How can you prove that?

York. She sued me in the name of the second husband, in the bishop's court, under pretence that I call'd her whore, to an excommunication; I filed a bill in Chancery to be relieved, with regard to several complaints in the bill, I was afterwards obliged to pay.

Q. How old do you take the prisoner to be?

York. I cannot tell, I believe about 32 years of age.

Q. Do you believe upon your oath, that the prisoner was ever married before she was married to Lawrence Donoly ?

York. Her husband told me he would produce two men -

Q. Pray answer my question; then it was ask'd him again and again, he would not say he believed she was.

- Singleton. I know a great deal about it.

Q. Tell the court what you know.

Singleton. About 4 or 5 years ago she went by the name of Kelley, but I do not know whether she ever was married to any of them.

Acquitted .

657, 658. John Belson was indicted for stealing one peg-awl, val. 2 s. the goods of Samuel Boxton ; one iron wedge, val. 1 s. eight iron nails, val. 4 d. the goods of persons unknown: and Edward Mortimore , for receiving them, knowing them to be stolen , Oct. 11 .

Both Acquitted .

659, 660. Mary, the wife of Richard More , was indicted for stealing 21 linen sheets, val. 21 s. seven silver tea-spoons, val. 5 s. five table-cloths, val. 14 s. fourteen napkins and other things, the goods of William Dormer , in the dwelling-house of the said William: and Jane, the wife of William Rowland for receiving four linen sheets, part of the goods, knowing them to be stolen , April 16 .

Both Acquitted .

661, 662. Samuel Watts , and Elizabeth his wife , were indicted, for that they with Ann Smith , not yet taken, one pair of silver buckles, val. 8 s. four pair of silver buttons, val. 2 s. and 2 s. in money, the property of John Butler , from his person did steal, take, and carry away , June 10 .

John Butler . The prisoners live in Crown-court, near St. Giles's they keep what they tell me is call'd a bawdy-house, and sell gin ; I was coming along there and saw a little girl in the street in the day-time, she ask'd me for a halfpenny; I said I had never a one; she said, then give me a dram. I being in liquor, said, I'll give you a dram if that will do you any good.

Q. How old might she be, do you think ?

Butler. I believe about fourteen or fifteen years of age, she was a little creature; she had me into these people's house; I ask'd what they had got to drink, they said nothing but gin; I saw the woman, I cannot say I saw the man; then I called for a quartern of gin; the woman saw me in liquor, and ask'd me to go and lie down on the bed.

Q. Did you lie down ?

Butler. Yes I did, my lord, and lay for some hours.

Q. Did any body go with you?

Butler. Somebody went with me, I do not know who, but she did not stay with me; I lay there about two or three hours: after I awak'd my buckles were taken out of my shoes; and my money out of my pocket.

Q. How much money did you lose?

Butler. I had in my pocket about three or four shillings, it was all gone, but I will not swear to above two; I had two pair of silver buttons in my pocket, and two pair in my sleeves, which were taken away; when I miss'd these things I knock'd with my heel for somebody to come up; and presently I saw a woman's hand push open the door, and disappear'd again, (I was fasten'd in before) then I went down and saw the woman prisoner; I said I had been robb'd of my silver buckles and other things, and insisted upon having my buckles again; after a great deal of talk she said, if I would give her 3 s. for the gin I had, I should have my buckles again. As I had no money, and had a relation hard by where I could have some, I desir'd somebody to go and call them.

Q. What time was it when you came down stairs ?

Butler. It was not night; I said if I had not my buckles again I would prosecute as far as the law would direct. There was a sailor in the house who said, if you take her up in order to prosecute her, I'll swear that you gave her the buckles; then I went to my cousin, and after that I got a warrant, and went to take up the woman; she said her name was Ann Smith , but that was not her name : so I took up a wrong woman first.

Both acquitted .

663, 664. Francis Kelly and John Cunningham were indicted for stealing one cloth coat, val. 5 s. one dimity waistcoat, val. 2 s. one pair of leather breeches and one shirt , the property of Thomas Macguire , Sept. 10 .

The prosecutor not appearing, they were acquitted .

665. Benjamin Venteres was indicted for stealing one silk handkerchief, val. 1 s. the property of Thomas Brandy , privately from his person , Oct. 12 .

The prosecutor in going through Aldgate met with the prisoner, who pick'd his pocket of the handkerchief, and was secur'd immediately, and the handkerchief was found part in the prisoner's pocket, and part out.

Guilty 10 d .

[Transportation. See summary.]

666. John Feild was indicted for stealing one sack of coals, val. 2 s. 6 d. the goods of Thomas Barker , Sept. 8 .

Acquitted .

667. Edward Hill , was indicted for stealing one pewter pint-pot, val. 9 d. the property of George Tessel , Oct. 6 .

Guilty .

[Transportation. See summary.]

668. Edward Cluney was indicted for stealing one man's hat, val. 6 d. the goods of Edward Badcock , Sept. 12 .

The prosecutor was sitting in his compting-house, and saw a hand take this hat off from many others; he call'd out, stop thief! the prisoner had been gone but two or three steps, he came back again, and put it into his shop; and added, he had been informed by a gentleman, that the prisoner had bore a very good character before.

Guilty .

[Whipping. See summary.]

669. Thomas Yalden was indicted for feloniously forging and publishing a deed purporting to be a letter of Attorney, from one Thomas Cousey belonging to the Chester man of war , to Patrick Cousins with intent to defraud .

Patrick Cousins . I am clerk to Mr. Drakeford, who is agent for the Chester man of war's prizes; the first time I saw the prisoner was in last January, he made me a power of an attorney, being the agent's clerk, in the name of Thomas Yalden ; that I paid him, which was last January (I do not indict him for that,) then I did not see him till last Saturday when he was taken making another power of Attorney; what I have to charge him with is about a letter of Attorney in the name of Thomas Cousey ; it was sent to me to Gosport, and I sent it up in a letter to my correspondent in London, and also wrote if one Thomas Cousey should come for it to pay him; my correspondent's name is Higenbottom.

James Higenbottom . On the first of July last I received this Power of an Attorney in a packet from Gosport, and in it a bill to pay 24 l. to Thomas Cousey , upon giving me a receipt upon the back of it; the prisoner at the bar came next day or thereabouts for the money, telling me he was order'd to come for it from Gosport, saying his name was Cousey; and in order to confirm it, he pull'd a letter out of his pocket, which he receiv'd by the same post from Mr. Cousins, from Gosport, who sent me mine with the Letter of Attorney, &c. I told him I had orders to pay it, saying I had a bill for it to be paid in six days after date, for 24 l. 12 s. He desir'd I would let him have the money, he having none, being obliged to go on trust for every thing he had; I told him I would not till I receiv'd it: then he went out and in two or three minutes he returned again, and desir'd me to let him have a guinea or two. I threw him down three guineas on the counter, he took them up and went his way, and on the Monday following in the afternoon, he came and I paid him the rest of the money; upon which he gave me his receipt; he pretended he could not write, so he made a + which was witnessed by one here on the back of the power of Attorney; I made no doubt but I had paid it to the right person.

James Welister . Mr. Higenbottom desir'd I would step over the way and witness his paying some money, which I did; the receipt was read; it was to this purport:

Received the 17th of July 49 l. of Mr. Patrick Cousins , by the hand of James Higenbotton, the sum of 25 l. 19 s. for Prize Money, due to me Thomas Cousey for the St. Domingo ship, taken by his Majesty's ship the Chester.

The mark + of Thomas Cousey .

I was not there above three minutes, so I cannot say the prisoner is the person; there was 24 l. 12 s. paid to a man who said his name was Thomas Cousey .

Lawrence Swanson . The prisoner call'd at my house and desir'd me if any Letter should come to take it in; there came two in the name of Thomas Cousey .

Acquitted .

He was a second time indicted for counterfeiting a certain deed, purporting to be a Letter of Attorney from John Baldwell , belonging to the Chester man of war , unto John Smith , with intent to defraud.

James Cadiwould . On Saturday last, about two o'clock, Thomas Yalden , the prisoner at the bar, came to my master's office (my master keeps a public office, he transacts by commission, being a receiver of prize-money and wages in the navy) in the name of John Baldwell , he wanted a Power of an Attorney to be executed in that name, saying he belonged to the Chester man of war, and was at the taking the St. Domingo ship; this he said was to receive 25 l. My master being busy desir'd him to go to a publick house, saying when he was at leisure he would send for him: when my master was at leisure I went for the prisoner, and he came to our office and said his name was John Baldwell ; saying he was what they call a land-corporal on board; accordingly my master sent me for a Power of Attorney, and fill'd it up, and I saw the prisoner sign the name John Baldwell , and I and our other clerk witnessed it. My master John Smith was made attorney, the prisoner said it was to receive 25 l. 19 s. and on sending that down to Gosport he would receive it. Mr. Higenbottom, one of the witnesses to the former indictment, came in at the same time.

Q. Was the seal taken off?

Cadiwould. It was not, my lord, we always go to my lord mayor, to have it re-executed, or in other words, to have it sealed and delivered, which was not done at this time.

Q. Was that his right name he set to it?

Cadiwould. His wife came to our office, after he was in the Compter, and said his name was Thomas Yalden , and before the sitting alderman he acknowledged the same: Mr. Higenbottom and Mr. Couzens came in; I followed them out, Mr. Higenbottom said, this was the man; he had paid 24 l. 12 s. to in the name of Thomas Cousey , he was then about going with me to my lord mayor, so he was detected in the office and carried to the Compter.

Q. Who had got the power of attorney when Mr. Higenbottom came in?

Cadiwould. It was then lying on the table.

Jowel Swain. I live with Mr. Smith and saw the prisoner sign John Baldwell , to a power of an attorney.

Q. Was it filled up before he signed that name?

Swain. It was, my lord, and it was to have been sent down to Gosport to have received the money, by our agent Mr. Cousins, we should have directed it down in a letter.

The jury brought in their Verdict special .

670. Otho Hemingson was indicted for stealing one cloth coat, waistcoat and breeches, val. 40 s. one linen waistcoat, val. 5 s. the goods of Christopher Doneholme , two linen shirts, val. 4 s. one pair of silver shoe buckles, val 18 s. one pair of man's trowsers, and other things the goods of Moses Jansen , Oct. 10 .

Christopher Doneholme . The prisoner took one coat, two waistcoats, one pair of breeches, from me last Tuesday night, from out of the cabin; I went to a house in the Minories, and found him in bed with my breeches and waistcoat on, and my coat lying on the bed.

Q. At what house was this?

Doneholme. The house of Mary Brown ; the prisoner sailed with me, he is a Dane, and so am I, he owned every thing he had taken from me, and likewise he took the other things out of a chest on board.

Mary Brown . I live in the Minories, I never saw the prisoner till last Wednesday morning, he and one Thomas Welch came to my house, they were both in the fore-room, and wanted lodging; I told them I had a little press-bed, if they would lie there they might; the prisoner had a bundle with him, the other witness came to my house the next morning, and ask'd if there was ever a man in my house; I directed him to the prisoner, and he owned the things.

John Wilson . The Captain found his clothes on the prisoner at this woman's house; I went with him, the prisoner was on bed; he own'd he had sold the buckles for 14 s. and own'd taking the other things, that he had taken 6 s. and 10 d. in English money, and 7 or 8 shillings in Danish money, saying he went and opened a man's chest in a ship by Irongate, and being examin'd on shore, said they were his own clothes.

Simon Ucopson . I heard the prisoner confess the taking the things; I was along with the captain and the last witness, when they found the prisoner, he had the captain's waistcoat and breeches on, and the coat lay under the pillow.

Guilty .

[Transportation. See summary.]

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

Transported for 7 years, 25.

Mary Kelley 599

Thomas Claiton 600

Simon Casey 601

John Napleton 607

James Needham 609

John Hutchens 632

John Miller alias Sergant 636

Lydia Whittmore 637

Benjamin Venters 665

Edward Hill 667

Otho Hemingson 670

Richard Williams 604

Charles Mosley 614

Thomas Bennet 619

Henry Hunt 622

Edward Dunfield 626

Philis Jones 627

Mary Carmichel 630

John Waine 640

Cornelius Sullivan 642

John Crosby 648

James Hertford 650

Francis Forbes 651

Eliz. Killegrew 654

William Gunskine 655

Whipped, 10.

Francis Green 608

Sarah Mason 611

Susannah Reeves 635

Edward Cluney 668

Gyles Taylor 605

John Jones 616

Henry Hill 620

Joseph Buttler 621

Thomas Caustel 639

Ann Masterson 647

Branded 1.

Jonathan Scallock 615.

SHORT HAND taught by T. Gurney, Watchmaker, in Bennet street near Christ Church, Surrey, the Writer of these Proceedings, who attends every Saturday Evening, from Five till Nine, at the Last and Sugar-loaf, Water-lane, Black-fryars. Half a guinea entrance, and the like sum when the scholar is compleated.

N. B. He also takes down Trials at Law.