Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 December 2014), February 1750 (17500228).

Old Bailey Proceedings, 28th February 1750.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY.

On WEDNESDAY the 28th, of February. THURSDAY the 1st, FRIDAY the 2d, SATURDAY the 3d, MONDAY the 5th, TUESDAY the 6th, and WEDNESDAY the 7th of March.

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

BEING THE Third SESSIONS in the MAYORALTY of the

Rt. Honble Sir Samuel Pennant , Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER III.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster-Row. 1750.

[Price Four-pence.]

N.B. The Public may be assured, that (during the Mayoralty of the Right Honourable Sir. SAMUEL PENNANT , Lord-Mayor of this City) the Sessions-Book will be constantly sold for Four-pence, and be more, and that the whole Account of every Sessions shall be carefully compriz'd in Exe 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 Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir SAMUEL PENNANT , Knt. Lord Mayor of the City of London, Sir MARTIN WRIGHT , Knt. Sir THOMAS BIRCH , Knt. Baron LEGGE , RICHARD ADAMS , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer for the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

London Jury.

John Angel ,

William Stebbing ,

Henry Oldham ,

Martin Capron ,

William Dormer ,

Edward Smith ,

Robert Jackson ,

James West ,

William Grundy ,

Nicholas Mosely ,

Nevil Feather ,

Roger Burgess .

Middlesex Jury.

William Bagnall ,

William Chilshohm ,

Peter Deschampus ,

Samuel Jaumard ,

William Greening ,

Thomas Rose ,

Richard Aynge ,

Charles Asby ,

Peter Rawlinson ,

George Meyow ,

John Lowry ,

Francis Griscome .

178. Daniel Richley , was indicted for stealing one silver Tankard, val 6 l. the goods of William More .

Jan. 30 .

William More deposed, the Prisoner dined at his house that day, and at night, when he was going to bed, missed the tankard, the next day he went to Goldsmiths Hall, and had advertisements sent about.

James Smith , Goldsmith, at the Angel in Fleet-street, deposed the Prisoner brought the tankard to his shop the 31st, without the bottom, saying, it was sent him from Portsmouth to get it done: He stopp'd the prisoner, and then sent for Mr. More.

Thomas Geary depos'd, the prisoner own'd the fact before the sitting Alderman.

Phoebe Goodfellow produced the bottom, beat togegether, which she receiv'd of the prisoner, with the name engrav'd round it, answering to the advertisement.

Guilty .

[Transportation. See summary.]

179. Elizabeth Smart , Spinster , was indicted for stealing one silver Spoon, val. 10 s. one silver Fork, one pewter Dish, two pewter Plates , the goods of the Right Hon. Sir William Young , June 8, 1749 .

Guilty, 4 s. 10 d .

[Branding. See summary.]

180. James Burr , was indicted for stealing four hempen Sacks, val. 8 s. the goods of Michael Colenet , Feb. 13 .

Guilty, 10 d .

[Whipping. See summary.]

181. John Hinks , was indicted for that he together with Christopher Jinks , not yet taken, for stealing two wire Sieves, val. 4 s. the goods of William Murrell , Feb. 5 .

Acquitted .

182. Casper Dunlap , was indicted for stealing one silver Tankard, val. 6 l. the goods of Adam Gordon , Feb. 13 .

Adam Gordon depos'd, he apprehended the prisoner about four or five days after the tankard was missing, and that he owned before him and Dennes Richolate, the taking of the Tankard, and told them it was then in his lodging-room, where the constable went and found it.

Guilty, 39 s .

[Transportation. See summary.]

183. John Chilton , was indicted for stealing a quantity of old Iron, belonging to gates, carts, and ploughs , the goods of John Freeman , and others, Feb. 5 .

Guilty. 10 d .

184. William Fry , was indicted for stealing one Gelding, val. 11 s. 6 d. the property of Walter Langton , Nov. 29 .

Nathan Gunnel . I am servant to Mr. Langton. This horse was stolen out of his stable at Cockham, in Berkshire , Nov. 26. I came up to London to look for him, and found him at Knightsbridge, upon the road, in a team, on the 2d of December. Although he is blind, in his place, we value him at about 5 l.

William Griffith . I am a Collar-maker; the prisoner at the bar sold me the horse without shoes, with a bridle, saddle, and collar, for 10 s. 6 d. and, as Mr. Mason lives near me. I begg'd the favour of him to let him stand in his stable till I had an opportunity to kill him, and also told him, he might work him if he pleas'd: So he was found under his cart by the former witness. He was a poor object indeed, blind, swell'd legs, and had had the pole-evil.

David Morris . I keep the coach and horses in Swan-yard, facing Somerset-house; the prisoner at the bar brought this horse to my stable about the 26th or 27th of November; he staid there two Nights. Mr. Griffith came to my house the 29th to buy him; the prisoner and he did not then agree; the prisoner seem'd to have no money; he went out, and at his return, said he had sold the horse for a guinea and a half; and said he had not money to pay me for his keeping; but if I would go with him, I should be paid, when he went to deliver the horse. When I came to Mr. Griffith, I then found he had sold the horse but for half a guinea; out of which he paid me about 8 s. for the horse and himself.

Sarah Dent depos'd, she chang'd a guinea for Mr. Griffith, and saw him, out of the change, pay the prisoner 10 s. 6 d. for the horse.

Guilty , Death .

185. Margaret the Wife of George Whitehead , was indicted for stealing a two quart pewter pot, val. 2 s. the goods of Samuel Billings , Jan. 1 .

Acquitted .

186. , Spinster , was indicted for stealing two diaper tablecloths, val. 2 s. one muslin cap, val. 1 s. five linnen handkerchiefs, val. 2 s. two pair of ruffles, val. 6 d. one damask night-gown, and other things, the goods of Susannah Needham . Two silk gowns , the goods of Francis Hazard , Widow , Jan. 19 ,

Guilty .

[Branding. See summary.]

187, 188. Abraham Cribb , was indicted for stealing one peruke, val. 20 s. Nov. 18 , and John Beaumont , for receiving the same, knowing it to be stolen .

The only Evidence was Charles Speckman , an accomplice, of about fifteen years of age. Who depos'd, he himself had followed the business of thieving about two years; but not being back'd by evidence of credit, the prisoners were acquitted .

189. John Thomas , was indicted for stealing one linnen shirt, val. 1 s. one linnen neckcloth, val. 8 d . the goods of Elizabeth Moses , spinster , Feb. 10 .

Guilty, 10 d .

[Transportation. See summary.]

190. Bryan Gwinn , was indicted for stealing 20 lb. wt. of cheshire cheese, val. 5 s. the goods of James Crawford , and Co.

Feb. 5 .

Guilty .

[Transportation. See summary.]

191. William Beverley , was indicted for stealing one silk handkerchief, val. 2 s. the goods of Richard Williams , privately from his person , Feb. 22 .

Guilty, 10 d.

[Transportation. See summary.]

192. William Windsor , was indicted for stealing one silk handkerchief, val. 2 s. the goods of Adrian Watkins , privately from his person , Feb. 23 .

Guilty, 10 d .

[Transportation. See summary.]

193. John Williams , was indicted for stealing one wooden vessel, call'd a half-hogshead, val. 2 s. the goods of persons unknown.

Acquitted .

194. Thomas Jones , otherwise Harper , was indicted for stealing one gold watch, val. 40 l. one gold chain, val. 5 l. three stone seals, set in gold, val. 5 l. the goods of the , privately from his person , Jan. 20, 1748 .

General St. Clair. It being the Birth-day of the Prince of Wales, I had been to pay my duty to his Royal Highness. Returning back, the place being crowded with chairs, &c. I was oblig'd to go out at the great gate. Turning to the right hand, I found, by the little shops, a prodigious crowd of people; I found myself thrust backwards and forwards, then I suspected I should have my pocket pick'd: I put down my hand, and found I had lost my handkerchief; then I felt for my watch, and found that was gone. I thought to myself, that whoever had taken it, they could not have had an opportunity to be got at any distance from me. I immediately collar'd the man on my right hand, and another on my left, and said they had got my watch. I dragged them along to the centinel; the centinel took hold of one, and I dragg'd the other under the gateway. I call'd for the Serjeant of the guard ; while I was doing that, a servant of Sir Edward Hawkins , who knew me, came running up with my watch in his hand, saying he saw the old Fellow drop it. I at that time had him by the collar ; the other was a young man. I desired the Serjeant of the guard to see if he could find my Lord Carpenter; for I had met him going up, as I was coming down stairs. I met with Edward Linn , the Provost's Marshal-man. Telling him what had happen'd, he had them both searched. On the other person was found six or seven handkerchiefs, a pair of silver spurs, and a book of the records of England. Then they were both committed to the Gatehouse, Westminster. And, I do believe, on my honour and conscience, the prisoner at the bar to be the person which Thomas Shorthouse said then, he saw drop my watch; but I will not swear it. He was then cloath'd, (if it be the person) in a blue coat, and a darkish wigg.

The prisoner desired Shorthouse might be put out of the court while he asked the General one question, which was granted; which was, what time of the day this was done ? to which the General reply'd, it was between one and two o'clock in the afternoon.

Thomas Shorthouse . I was going through the Prince of Wales's Court at this time, and I observ'd General St. Clair coming along, and a crowd of people about him. I observ'd two men in particular, one on his right hand, and the other on his left. He on the right press'd forward, leaning over the General's right shoulder ; after that, he seem'd to decline back. The General almost at the same time turn'd back, and said I have lost my watch; took hold of two men, and said either of you have got it; seeming in a consternation, as not knowing which had it. The man on his left hand seem'd to slip in between the General and the other on his right, saying, I Sir, what I Sir, have I got your watch, Sir? &c. He looked about seemingly as though he wanted to get away amongst the chairs and coaches. I said to the General, Sir, this man has got your watch, meaning him on the right. The General had quitted his hold; but immediately collar'd him again, and lugg'd him forward, in order to deliver him into the hands of the centinel. Then I saw that man put his hand into either his coat or waistcoat-pocket, and saw the chain hang out. Then I saw the watch drop from his pocket, and I pick'd it up, and gave it to the General. I cannot swear to him; for that was the only time I ever saw him.

Q. Did you say to the General, it was the old man that pick'd his pocket?

Shorthouse. No, my Lord ; but the Remark the General made then, was (in that Hurry) that it was the old man; the other being a young man, and not so big. To me now the prisoner seems younger than at that time, if he be the man.

Q. How was that man cloath'd ?

Shorthouse. He had on a blue coat, and a grizzle wigg.

Edward Linn , the provosi's marshal man, depos'd, he was in waiting that day, and that the Gen gave him charge of two men, one of them with a blue-grey coat on, and a darkish wigg, for picking his pocket of a gold watch; that he had him in custody for some time, while the General went up into the court, for Mr. Varne, who came, and committed them both to the Gatehouse, Westminister, and that he, with a file of mujketteers, conducted him, and deliver'd him safe there. Not seeing him since, or knowing him before, he would not take upon him to swear to the Prisoner.

William Salt , the Keeper of the Gatehouse, produced the commitment, and depos'd the prisoner at the bar was one of the two prisoners mentioned in that commitment, which was on the 20th of Jan. 1748, and that he is the person who was rescued from the prison afterwards.

Patrick Henley, the Deputy-turnkey, depos'd, he receiv'd them with the commitment which was read in court, and that he knew the prisoner well in Dublin. Before and when he was committed, he had on a blue-grey coat, and a darkish wigg.

The prisoner desired he might be asked, when he ever saw him before? To which he answer'd, when he, the prisoner, went by the Name of Banbidge, the pickpocket, in Dublin.

Guilty , Death .

195, 196. James Mercer and James Jones , were indicted, for that they on the King's Highway, on Rachel Angue , widow , putting her in corporal fear and danger of her life, one cloth cloak, val. 2 s. the goods of the said Rachel, did steal, take, and carry away, Feb. 6 .

Both Acquitted .

197. Judith Dyke , widow , was indicted, for stealing a silver tankard, val. 7 l. the goods of Isaac Kennish , in the dwelling-house of the said Isaac , Dec. 11 .

The witnesses were the same as in the tryal of John Stephens , No. 126, the last sessions, with the addition of Hosier, who all seemed to agree, if the tankard was taken by either of the two, it must be by Stevens.

Acquitted .

198. James Blanthorn , was indicted for stealing two cloth coats, val. 2 l. one alapeen waistcoat, val. 20 s. the goods of William Rowland , and James Bouger , in the dwelling-house of James Ling , Sept. 22 .

Guilty, 39 s .

[Transportation. See summary.]

199. John Duckett , was indicted, for that he on the King's Highway, on John Slugh , did make an assault, putting him in corporal fear, and danger of his life, one hat, val. 2 s. one peruke, val. 2 s. the goods of the said John, did steal, take, and carry away , Feb. 5 .

John Slugh . On the 15th of February, between the hours of eleven and twelve at night, I went for a pot of beer to an ale-house, in Mansfield-street, Goodmans-fields; coming back, two fellows, the prisoner one of them, ran up to me, and asked me for some beer; I told him he had no business with it; with that he would not let me pass. He penn'd me up against a shelf, with his arms on each side. I call'd out for the assistance of the watch; he then struck me on the head with his fist, took my hat and wigg, and ran away towards Rosemary-branch-alley. I ran after him, calling out, Watch! Stop Thief! &c. He, finding himself pursued, flung my hat and wigg down. He had carried them about twenty or thirty yards; the watchman took him presently, and carried him into the George ale-house; and in the morning, before Justice Ricards, he confess'd the fact, and also that he had committed another robbery that same night. The other person I saw with him, said nothing to me.

Being cross-examined, he said he did not know he ever saw the prisoner in his life before that time. He was asked if the prisoner did not say to him, give me them halfpence you snatch'd from me some time ago. He answer'd, no such word was ever mentioned to him. To how old he was? he said he was sixteen, last December.

John Buckmaster . I keep the George ale-house ; I heard the cry, Stop Thief! &c. I went out at my door, and the watchman and I took hold of the prisoner together, and brought him into the house. He own'd he gave the prosecutor a knock on the pate, and took his hat and wigg.

Cross-Examined.

Q. Was the constable by at this confession?

Buckmaster. No, he was not.

Q. Did you hear talk of 140 l. on his Conviction ?

Buckmaster. No, Sir, I did not.

Q. to the prosecutor. Was you afraid of him when he penn'd you up?

Slugh. Yes, Sir, because there was another fellow stood by.

Q. Should you have been afraid of him, had he been alone ?

Slugh. I cannot tell. The prisoner seem'd to be about the age of the prosecutor; or, if any thing, a little older.

A Watchman. I heard the prosecutor cry out, Watch! Stop Thief! &c. I seeing him with a pot of beer in his hand, bare-headed, I pursued the prisoner, and going to strike him, he said don't abuse me, I'll stand; I'll stand still. The other witness came out of his house; we took hold of him, and carried him from thence to Whitechapel watchhouse, and the next day to Justice Ricards. The Justice, not being in the way, we took him to the Golden lyon, just by; and before the Justice's Clerk, he own'd he had struck the lad, and took away his hat and wigg, and ran away with them, and also, that he and another person committed another robbery that night.

John Randolph . I am a gun-stock-maker, and live within a hundred yards of the place where the robbery was committed; coming home the 5th of February, between 11 and 12 o'clock, I pass'd the prisoner at the bar, and another man, near the bottom of Mansfield-street. I had not got 50 yards farther, before I heard the cry of Stop Thief! &c. I directly ran, and, by the moon-light, I saw the prisoner running, and a watchman in close pursuit of him. I was the third person that came to him; we took him into Mr. Buckmaster's house; he there own'd he gave the prosecutor a knock on the pate, and took off his hat and wigg.

Prisoner's Defence. I and the prosecutor have play'd together many a time; and once when I was sick, he took some halfpence from me. I said, will you give me some beer, Doctor? he said, he would not. I then asked him for the money he took from me. He said he would not give it me. I then said, I'll keep your hat and wigg. Then he cry'd out, Watch.

Thomas Dunn I was coming down Prescot-street. about three weeks ago, one night, past 11 o'clock. I heard two or three boys quarrelling about some beer; then one of them said, will you give me the money you snatch'd from me? the other said, I have none of your money, nor none I will give you. Then he said, I'll keep your hat and wigg till you give me the money. And, accordingly, I saw a boy run across the way with a hat in his hand, and I heard the cry Stop Thief! and upon that, as I was lame, I made the best of my way home. I cannot swear to either of the boys.

Q. What are you?

Dunn. I live in Sherbourn-lane, and am a ticket porter, and ply at Change alley.

Q. How came you to know of this tryal, to give your Evidence?

Dunn. About a night or two after that, I was in Whitechapel, I was telling it to a butcher, who told me there was a boy committed upon it, and that his father was in the house; saying, he would call him; so he desired I would tell him where I liv'd, and he would call upon me.

John Kitchen . I have come through the place by Goodman's-fields wells, in the taphouse-yard, and there, smoaking a pipe, have seen these two boys at play together at marbles, and tossing up halfpence, and I have seen the prosecutor ride horses there several times. The prisoner's father had a horse there.

John Slugh . What this witness says is absolutely false. I have been bound to Mr. Brown, an Apothecary, who is here in court, for a year, and I have not rid a horse but once since, and that is about half a year ago, and then went on my own business to Tottenham. I am certain I have not been in that yard this two months, and not above two or three times this twelve-month, and then only as I had occasion to go that way on my master's business; and I am sure I never did toss up for a farthing or a halfpenny in all my life. Upon my Oath, what he has swore is false, and I never saw the prisoner in my life, before he robb'd me.

John Bradshaw , and Thomas Moss , being accidentally in court, desired to be heard as to the two last witnesses. Bradshaw depos'd, he lives in Leadenhall-street; he said, he knew Dunn's Licence was taken from him for keeping a disorderly house, when he liv'd within six doors of him.

Thomas Moss depos'd, he knew the witness Kitchen, and that his general Character was that of a gambler, and said he really did believe he was not to be credited upon oath.

Guilty , Death .

200, 201. John Stanton , and James Webster , otherwise Willson , were indicted for that they, on the King's Highway, upon the Right Hon. Ann , Countess of Albemarle , did make an assault, putting her in corporal fear and danger of her life, one gold watch, val. 20 l. the goods of the Right Hon. the Earl of Albemarle , from the person of the said Countess, did steal, take, and carry away , Feb. 15 .

Lord Bury depos'd, on the 14th of February, himself, Lady Albemarle, and another Lady were stopped in a coach on the top of Great Russel street, Bloomsbury , by several persons. His Lordship saw three pistols pointed into the coach, on the side he sat, and gave a particular account of the robbery, but could not fix it on either of the prisoners, it being a very dark, rainy night, and the stambeans blown out by the violence of the wind, &c.

Thomas Dauford , the footman, who was behind the coach, confirm'd the same; but could not discern the persons, so as to know either of them.

Thomas Lewis, an accomplice, depos'd. Stanton, Webster, John Eckley , Richard Holland , and himself, committed the robbery, and prov'd, to a demonstration, himself was in it.

Samuel Cordosa , a Jew, depos'd, he bought three gold watches, and one metal one, of these men, and had sent them abroad the next day by a kinsman; and although he agreed with Lewis they were at his house from about half an hour after two in the morning, till about seven or eight; and also they had a candle in the room; yet he would not own he knew any of the persons, except Lewis.

The witness Lewis, not being back'd by any creditable witnesses, as to the identity of the prisoners, they were both acquitted .

202. John Carbold , otherwise Giffling Jack , of Great Yarmouth , was indicted for not surrendering himself according to the King's order in Council .

To prove that proper steps had been taken in order to render the prisoner a felon already convicted, Justice Kellett depos'd, that John Leader came before him, Feb. 15, 1747, and made an information against the prisoner, for being assembled together at Benacre, with divers other persons, to the number of 30 and upwards, to be aiding and assisting in landing and running goods, liable to pay custom, &c. and that on the 16th he sent it to the Duke of Newcastle, one of his Majesty's Principal Secretaries of State, by the post.

Mr. Sharpe, Clerk to the Council, depos'd, it being laid before his Majesty in Council, on the 22nd of March, 1747, by the Duke; and that he was directed to issue out an Order of Council, requiring the prisoner, and others mentioned in the information, to surrender themselves within forty days, &c. which order was issued the 22d from the court at St. James's.

Edward Owen , Printer of the London Gazette, depos'd, he received two copies of this order from Mr. Sharpe, and put them in the very next Gts, to wit, the 22nd and 26th of March.

Thomas Parker depos'd, he carried the order of council the 22d of March, and deliver'd it to Mr. Lamb Barry, the Sheriff for the County of Suffolk, the 25th, 1748.

Richard Growper Under sheriff, depos'd, he received this order from Mr. Barry, and caus'd it to be copy'd and examin'd, and gave it to his clerk to declare, &c.

Mr. Swackman, his clerk, depos'd, he copy'd it true, and proclaim'd it at Beccles, on Saturday the 26th, about a quarter of an hour past twelve; and at Southwold, on the Friday following, the 31st of March, and afterwards fix'd up a true copy on each market-cross.

The Jury found the Issues for the King.

Guilty , Death .

203. James Young , was indicted for forging and uttering a certain false and counterfeit Will, with intent to defraud , Feb. 15 .

Edward Abraham . I am clerk to Mr. Hughs, the proctor; the prisoner came the 15th of this instant to prove a will; he came in the name of James Bennet , saying, he was brother to the testator, William Bennet , and that this, holding a will in his hand, was the will of William Bennet , and wanted it to be prov'd. I went with him before Dr. Paul, and he swore he was the sole executor of that will, and that that was the last will of William Bennet . It was ingross'd, and carried into the office, and as a case was depending in the office, between the deceased's father and one Knox, it was put off from time to time, till we could send to the deceased's father. The father came, and so did this pretended executor, about it. My master told the father there was a will made by his son, William Bennet , and a brother of his was left executor. The old man said he had no son living. The prisoner, before the father, could not say any thing, but owned, before he came out of the office, his name was James Young ; and said, at Guild-hall, a man had made the mark, and likewise wrote the witnesses names to the will, and that he knew the man very well, and was to be found somewhere in Rosemary-lane, near the Crooked-billet, his name something like Blackman. The father took the prisoner up on suspicion of the will being forged, and carried him before a Justice, and there said his name was James Young

The will was read in court; the purport of which was, that James Bennet , pretended brother to the testator, was sole executor; which said name the prisoner went by, &c.

John Redman . I am clerk under the commissioners of the navy; I have the books of the Boyne and the Guernzey's prize here; here is due to William Bennet , from August 8, 1743, to the time he was discharged from her, September 8, 1746, 35 l. He went on board the Guernzey's prize the same day, and continued there till he fell over board, and was drowned, Nov. 13. 1746. Due on board her, 2 l. At his death there was 37 l. due to him.

Joseph Bennet . I am father to the deceased William Bennet ; on the 15th of this month, I was at the Proctor's office; Mr. Hughs ordered me to go over to the Paul's head; he brought in the prisoner, and said to me, is this your son? I said, no; I have never a son in the world. I was so confus'd, I could not retain all that was said, but the prisoner fell down on his knees, and begg'd of me to forgive him. I said, the law should take its course. We went to Guild-hall; the Justice asked me if my son could write? I said, he could very well; (the will having a mark to it, and wrote by it, the mark of William Bennet ) There the prisoner own'd it was a forg'd will, and that it was one William Brockman , who liv'd on the back of Johnson's-change, in Ragg-fair, next door to the Crooked-billet, that wrote it; and, that some other persons wrote other names, not their own, to witness it. I went down to this Crooked-billet; and there one William Brockman liv'd but he was not within; so I came away, and was not there since. The prisoner own'd his name was James Young , at the office, and before the sitting alderman. I asked him, how he came to find out the ticket ? (for he had found out the merchant that had it) he said, it was his business to find out tickets. I was some time before I could find it out.

Prisoner's Defence.

That morning I was intoxicated with liquor, and one William Brockman owed me some money; the will I got from him; he told me, he was real executor of it, and said, he was afraid of being arrested at the commons for debt, so I carried it in order to execute it for him.

Q. Did he bid you say you was the testator's brother?

Prisoner. I am not sensible whether I said he was my brother, or not, my Lord.

Q. Who is that Brockman?

Prisoner. He is one who takes Rs off; he lives next door to the Crooked-billet, in Rosemary-lane.

Sarah Pointer . The prisoner married my daughter; he was unhappily drawn into this by one William Brockman , an Irishman, who has been at sea. I have been seeking for him night and day, but cannot find him; I know he did it, I was there when it was done; the prisoner is a harmless, honest man.

Guilty , Death .

204. John Clement Eastmead , was indicted for stealing 82 yards of linnen cloth, val 40 s. the goods of James Randall , the elder , and James Randall , the younger , Jan. 25 .

Acquitted .

205. Peter Campbell , was indicted for stealing one sheep's carcass, val. 10 s. the goods of Robert Harvey , Jan. 15 .

Guilty .

[Transportation. See summary.]

206, 207. John Wilkinson , and William North , were indicted for that they on the King's highway, on William Crompton , Esq; did make an assault, putting him in corporal fear and danger of his life, and taking from him one gold watch, val. 8 l. and 12 s. in money number'd , Jan. 30 .

William Crompton On the 30th of January I had been abroad, and Mr. Spillage along with me; returning home on horseback, in a path that comes from Hide-park-hospital, into the road , it being a very rainy night, about half an hour past six o'clock, I felt something pull my coat; I was plucked off my horse in a moment; when I was on the ground, a man had hold of me, and he pull'd a Scymiter out of his breast, held it over my face, and demanded my money, in a low tone. I begg'd he would give me leave to pull my gloves off; but before I could, he took my watch out, and put it into his pocket. Another man came up, with either a stick or a sword, which he wav'd over my head; one of them put his hand into my pocket, and took my money all out, which was about 12 or 13 s. I saw but two men, it being dark; I cannot swear to either of the prisoners.

William Spillage . I live at Knightsbridge ; I was in company with the prosecutor; the affair happen'd near a house call'd Bloody-bridge-house ; I believe I might be about 100 yards before the prosecutor; and coming near a stile, there were two men seemingly coming over it; I think I saw three men, when I came to turn out of the King's-road to St. George's-hospital. I all the time heard a horse galloping after me; when I came to this gate, I cry'd, Crompton, where are you? I turn'd about, the horse was behind me, and nobody on him ; I was under much concern, and rode back up the road; riding about 150 yards, I met him in a terrible fright ; said he, I have been robb'd, telling me as he mentioned before.

Richard Armour . The day after Mr. Crompton was robb'd, the prisoners at the bar, and one Blake, came to my house, the Hog in armour, in Field-lane; they call'd for a pint of beer, and asked for one John, a Countryman; they asked for the news-paper; I told 'em it was in use. After I carried the paper to them, I saw all their heads together over the table, and saw a watch in the hands of North, which they suddenly snatch'd away upon my approach. After some time, I came into the room again, and Wilkinson had got it open, shewing it to another man in the room, saying, his uncle died and left it him, and that it cost him thirty guineas, but he would be glad to sell it for fifteen. They then paid for three pints of beer, and went their ways.

Henry Price . I was at the Hog in armour, in Field-lane, this time; Wilkinson, North, and Blake, were in another box; North had his sword under his arm; (the prisoners were soldiers) they had a watch to dispose of, and this John, that was mentioned before, was asked, if he could sell it? John said, here is a watch maker in company, (meaning myself) may-be he'll buy it, or help you to a chapman. Then Wilkinson pull'd the watch out of his pocket; it was a gold one, with an enamell'd dial-plate. I open'd it, and look'd at it; there was a stone upon the cock; I took it to be a jewel watch; the name was John Merrit ; but the number I do not know. After this, I heard it was in the Advertiser, and eight guineas reward offer'd.

The Prosecutor depos'd, that the watch he lost was as describ'd by the last witness.

Thomas Fennel and John Townsend his servant, depos'd Wilkinson having his watch, and his offering it to sale to the former, &c.

Corporal Day confirm'd the account of Wilkinson having such a watch and shewing it him, telling him his uncle left it him, and that it cost 30 guineas.

Abraham Holbridge depos'd, that going to guard Wilkinson to New Prison he began to confess, saying, he pull'd the Prosecutor from off his House, and that Blake, and North, and himself robb'd him, and that he told him, if he designed it to be any advantage to himself, he must confess before a justice of the peace.

The five last witnesses being cross examined, as to North could not say any thing more against him, than that he was in company with the other two when Wilkinson wanted to sell the watch at the Hog in Armour.

Both acquitted .

208. Mary Hammond otherwise Clark , was indicted for stealing one Damask table cloth, value 40 Shillings, the goods of the Rev. Robert Butts , Clerk in the dwelling house of the said Butts , Jan. 18 .

Guilty 39 s .

[Transportation. See summary.]

209. John Oldham , was indicted for stealing one pair of Buckskin Breeches, value 10 Shillings , the goods of Sam. Baker , Jan. 22 .

The principal Evidence not appearing he was acquitted .

210. James Sandiland otherwise James Scot , was indicted for being assembled with divers other persons to the number of ten or more, at the Parish of Lidd, in the County of Kent , there to be aiding and assisting in the landing and running goods liable to pay duty .

Aug. 13. 1746 ,

John Pelham . I live at Lidd in the County of Kent, and follow the fishing trade; I have known the Person 6 or 7 Years, I went a fishing the 12th of Aug. 1746. off of Dungenness, coming to land the next morning, we saw a Cutter working, she lay about 40 yards from shore. I saw her boat land there some people on shore? there was Authur Gray, Thomas Peter , John Watts , there might be 8 or 9 in all or more, we row'd betwixt the cutter and the boat, all when I was on shore came close by me, the Prisoner was arm'd with a Carbine or Blunderduss, on horse back with a bag of tea behind him in an oil-skin bag, they had most or all of them arms, and several drove horses loaded with casks and oilskin bags; I have seen the Prisoner many times amongst the smugglers but never saw him working goods before this time.

On his Cross Examination he said he was on a sizeable Bay Horse, and had an old blue Butcher's frack on under a great coat which was unbutton'd,' and that he was one of the Hawkhurst Gang, and that he was at Maidstone when the Prisoner was brought to Goal, and that he knew him again at first sight, and that the Prisoner upon seeing him fell down on his face.

Humphry Hatton. I live at Lidd, and in Aug. 1746, I met this same gang in the Town with their baggage, arm'd with some Pistols, Carbines or Blunderbusses with Horses loaded with oil-skin bags and half anchors, about 10 or 12 in number ; the Prisoner was one of this number, he had a Carbine or Blunderbus flung to his shoulder, and an oil-skin bag behind him; this was on the 13th of Aug. in the morning betwixt 7 and 8 o'clock; I had liv'd Ostler at the George in Lidd and have known the Prisoner this 7 years, the smuglers us'd to call at that house day and night, us'd to lay them down in the yard, this was call'd Hawkhurst gang, I knew Arthur Gray , he had like to have kill'd me several times, he was there at this time.

On his cross examination he said the Prisoner rode a middle size bay Horse, and had on a loose great coat of a lightish colour, being ask'd what was under that coat, he answered he did not mind, saying he had enough to do to get out of their way ; being then driving a load of corn cut of the field, and was obliged to get it out on one side of the road to let them go by.

John Day . I don't know the Prisoner at the bar, I saw a gang of smuglers go thro' the town of Lidd, about 14 or 15 in number the 13th of August, 1746, about 7 o'clock in the morning they had half anchors and oil-skin bags and fire arms with them.

John Polhil . I saw a gang of smugglers go through the town of Lidd, Aug. 13th, 1746, I know this by my Journal which I keep, I am an officer, I was not near them nor daring to do that.

On his cross examination he said he believ'd Westraham in Kent was about fourscore miles from Lidd.

Prisoner's Defence,

I never saw these people in my life except when in Maidstone Goal, some people came round the door, I had got a cat stroking her, and she ran up my shoulder, and by that they mark'd me so as to swear to me now, I never was at Lidd in my life.

To which he call'd Thomas Kellet , Samuel Bignall , Robert Collins , Elizabeth Waldon , and Elizabeth his own Mother, to prove, who deposed he was a Butcher in Westerham in Kent, had good business, was never known to neglect his business, killed his beast himself against Wednesday, which is a market day, (on which day the witnesses for the crown, deposed he was seen at Lidd ) that he never was missing in his business on market days, having no apprentice or journeyman, and had a wife and family of small children to engross best part of her time, and that he never bore the name of smuggler to their knowledge.

Then John Potter, at Seven-oakes within 6 or 7 miles of Westerham in Kent was call'd, who deposed he had known the Prisoner near 2 years, and that his general character is that of a great smuggler.

John Newman , deposed he had known him 6 years and that he always was looked upon all over the country as a smuggler, that he had seen him go with fire arms, and that he belong'd to the Hawkburst gang.

Guilty , Death .

211. Charles Gaven otherwise the Papist of Beckles , was indicted for not surrendering himself according to the King's order in council . This was upon the same information with that of John Cobold N. 202. Advertised in the London Gazette, and proclaim'd at the same time, to which the reader is referr'd. The issues were found for the King .

Death .

212. John Doe , late of Norwich , was indicted for not surrendering himself according to the King's order in council .

This was the same with the last, and that of Cobold . The issues were found for the King .

Death .

213, 214, 215, 216. John Stanton , William Russel , Edward Busby and Peter Oldfield , were indicted for that they on the King's high way, on Charles Steward esq; did make an assault, putting him the said Charles in bodily fear and danger of his life, one gold watch value 10 l. the goods of the said Charles, did steal, take and carry away , Feb. 13th .

Charles Steward . I was robb'd near Burlington Gardens of my gold watch with three seals to it, on Tuesday was fortnight, by four men, about half an hour past one in the morning, it was very dark, one of the seals had my arms cut in a stone set in gold, another little cornelian stone set in gold, the watch was taken upon the prisoner.

William Jones . On the 14th of Feb. in the morning, John Burry , and I, and Mr. Wittingbury, and three men more, went to apprehend Stanton the prisoner; when we came to the house we were directed to, we went up two pair of stairs and broke open the door, when we came into the room there was Stanton upon the table in his shirt, with an intent to get out at the window, but Mr. Wittingbury took hold of him; I saw the gold watch lying upon the bed, I took it, it was swore to before justice Fielding by the prosecutor.

Stanton ask'd Mr. Wittingbury to be his friend, which was to get him to be accepted an evidence, &c. adding he would tell him were more of his company was, if he would, Mr. Wittingbury said he would do what was in his power, and asked him if there were any of them near, that we might take them immediately, he told us there were two more in the next room ; we found the door fastened, so we surrounded the house, Busby strove to get up the chimney, after the house was surrounded we broke open the chamber door, there we found him and Peter Oldfield , we found a brace of pistols under the bed, one of them was loaded with a brace of slugs, then we took them to Clarkenwell Bridewell ; Stanton took a pistol out of his pocket and gave it to Mr. Wittingbury, and we found a sword under his bed, with which he own'd he had robb'd a gentleman that night, then Stanton told us of Russel the coachman, who lodged some where in Hockley in the hole, but did not rightly know the place, and said Russel was to come to him about 10 o'clock that fore-noon to sell the watch, so three of us went to the house were we took Stanton in Alien-street, and three staid in St. John-street, they saw him coming and took him, and took a brace of pistols from him, all the five pistols were loaded, some with bullets and one with slugs. Russel gave us an account of two or three coachmen, who had been concern'd with him, he wanted to be admitted an evidence; on the same day we carried them before justice Fielding, and they all confess'd, and I believe sign'd their confessions.

William Hain . Stanton was in an information and likewise where to be found, &c. we went to the room door and looked thro' the key hole, and I saw his coat in the room, then we burst open the door, there was he in his shirt on the table, in order to get out at the window, he went on and confirm'd swhat was deposed by the former Witness.

John Wittingbury and Thomas Ind confirmed the same; Joshua Brogdon clark to justice Fielding produc'd each prisoners confession, which was made voluntary, and sign'd by each prisoner, giving a particular account of the robbery.

All four guilty .

Death .

217. Mary the wife of William Howard , was indicted for stealing one brass candlestick, value 6 d. a looking glass value 1 s. in her lodging room , the goods of Thomas Larendine , Jan. 13 .

Acquitted .

She was a second time indicted for stealing one child's shirt, one pair of iron tongs, one large common prayer book, three coloured handkerchiefs the goods of the said Thomas, Jan. 19 .

Guilty .

[Transportation. See summary.]

218, 219. Patrick Roney and John Bastow , were indicted for that they together with J. Norman not yet taken, on the Kings high way, on Joseph Norfield did make an an assault, putting him in corporal fear and danger of his life; and taking from him one blue cloth coat lac'd with gold value 3l. one scarlet coat value 3l. a blue silk waistcoat value 10s. one white sattin waistcoat, four linen waistcoats, two pair of breeches, one pair of gloves, six shirts, and other things, the goods of Thomas Foley , Jan. 27 .

Jos. Norfield, I am servant to lieutenant Thomas Foley , I was going from Westminister to the Bell in Warwick-lane, to carry my master's portmanteau. Jan. 27. As I was coming along the Strand near Exeter change , Roney ran against me, flung me down; then ask'd my pardon and help'd me up again, then we came talking together along the Strand, coming through Temple-bar he ask'd me to let him carry the portmanteau which he did two or three times, then I let him, he carried it down Fleet-street, near to Fleet-ditch, then a sailor went across the way, he said he had found sixpence, he said as long as you are along with me you shall go in and drink part of it, saying, it shall go as easy as it came, this was Patrick Roney who ask'd me if I would go in and drink? I said, I did not care if I did. We went down the Fleet-market, so to the Falstaff's-head, in Fleet-lane; they call'd for a pint of beer; as we went in, we met two men both in light colour'd cloths; Bastow was one of them, who said, they had been drinking there these fourteen nights, and nobody came to them; I had not seen him before; then they asked me if I would have a dram, saying, perhaps I lik'd that better than beer; I said, I did not ; then they said, will you have any hot? I said no, I was in a hurry to go; we had drank once round out of a pint of porter ; I can't say which of them asked me to drink a dram, &c. Then I took my portmanteau on my shoulder, and went out of the house, and they came after me. John Bastow went before me, and the others after me. Going to turn the corner of Fleet-lane, to go into the market, Roney asked me to let him carry the portmanteau, saying, it was heavy ; I said, no; this was between eleven and twelve o'clock at noon. Bastow laid hold round my neck, and gave me a squeeze to him, and turn'd my head the other way, while Roney took the portmanteau from my shoulder. Then I cry'd out, Thieves! and a mob got all round me, and I was in such a fright, I do not know how they got off. There came up a tradesman to me, and would have me search the King's-arms, thinking they were gone in there. I ran in, and after that into another house or two ; I could not find them. A gentleman told me, he saw them run up Fleet-street; I made the best of my way after them. A little boy came running along with me, and many people ran after me; we ran to the Temple-stairs. I asked the watermen, if they saw any such persons with a portmanteau ? there was one of them, just come from White-fryars, pointed out to a boat in the river, saying, there are the men. I told them, they had robb'd me of that portmanteau. Two boats put off immediately in pursuit of them; the boat that I was in landed at Moulston's dock, on the other side of the water ; we ran all the way by the water-side; the other boat kept down the water, and got to Bank-end as soon as the prisoners were got on the causeway. Constantine Higgins , one of the water-men who was landed with me, ran and took hold of Roney, with the portmanteau on his shoulder; I was a little behind, and the others took Bastow ; but I did not see him taken.

Jane Fitz . I live with Mr. Foley's father-in-law; I help'd pack up the things mention'd in the indictment, the night before they were stolen; (mentioning each thing separately.)

Constantine Higgins . I am a water-man; I ply at Temple-stairs ; the 27th of January, about eleven or twelve at noon, I was in Temple-lane, looking out for my business. Two boys came running down the lane, the last witness was one of them; who, in his fright, had not power to make me an answer when I ply'd them. When he recover'd himself, he asked, if we had not seen two men, describing their dress, with a portmanteau, come down to ask for a boat, &c. saying, he had been robb'd by them, near the Fleet-market. A water-man, who had just landed his boat from White-fryars, said, I'll be hang'd if they are not the two men in that sculler, pointing to one upon the river. Then we put off two boats; two men took the two boys into one boat; the other boat had three men. We got the boys to sit in the bottom of the boat, for fear they should be seen by the prisoners. We push'd on shore at Moulston's-dock, while the other boat, with three men in it, kept in pursuit of them down the water. We ran, and just turning round by Horse-shoe-alley, the prisoners landed at Bank-end; who went round the corner talking together. I came up to them, and took hold of Roney with one hand, and the portmanteau, which was then on his shoulder, with the other. I asked him where he was going? he answer'd, d - n you, what is that to you ? I said, it was to me. Bastow took to his heels ; two of my consorts pursued him and took him in Deadman's-place. Patrick Roney made a push to get off, but was prevented in it. When we took them, they had such cloths on as the boy described.

John Boyce , the other little boy. I saw the portmanteau on Patrick Roney 's back, just before he was taken ; I was along with Joseph Norfield, in Fleet-market, who told me, two men had robb'd him of a portmanteau; so he and I went up Fleet-street together, and took water as beforementioned.

Thomas Richards . I am a waterman, and ply at Temple-stairs. He confirmed Higgin's account, as to manning out two boats, and pursuing, and also when Higgins took hold of Roney, Bastow ran away up towards Deadman's-place; that he and Christopher Armorer ran after and took him, and brought him back; and the boy declared, he was one, and that one had a light colour'd coat, and the other a blue-grey, as the boy had described them.

Christopher Armorrer . I was in the boat with Higgins and the two boys. He went on, and confirmed all that had been said by the other watermen.

John Chandler . I was in the boat with Thomas Richards , and Henry Burkett ; we landed within four minutes time after the prisoners. He confirmed the other witnesses relation, saying, Roney made a push to get away after Higgins had taken hold of him, but that Burkett and himself prevented him.

Henry Burkett . I had carried a fare from the Old Bargehouse to White-fryars, a man and a woman; they told me they should stay about two hours, and if they saw me they would go with me back; I rowed up to the Temple, thinking I had time enough to get another fare before they returned. I kept my eye upon White-friars causeway while I was at the Temple-stairs, there I saw a man in white coat come down, and another in a blue-grey coat after him, with a portmanteau on his shoulder. The boy came down asking after two such men, saying he had been robbed, &c. Said I, I'll be hanged if they are not the two men, then we mann'd two boats. The rest as the former witnesses.

Thomas Ingram . I am a waterman, and ply at White-sriars. The two prisoners at the bar came down there, and I plyed them Jan 27. Bastow answered when I plyed, taking them into the boat. Said Bastow, pray lend my servant a hand into the boat, (meaning Roney with the portmanteau) which I did. I asked them where they would land? they said, row downwards; I said whereabouts? they said, Pull down. I said, on which side? they said, On the other side. When I got against Horseshoe-alley they bid me pull in there; I was got farther down towards Bank-end, so I landed them there. Bastow said, what must I give you? I said he paid me, and away they went. The other boat with the three watermen put in about three minutes after they were landed.

Roney's Defence. I carried the portmanteau into the house in Fleet-lane. So I said I would carry it out, which I did. When I was got into the Market I lost the boy ; I was told he was gone up Fleet-street, so I ran up Fleet-street, then I was told he had taken water, and gone to the George in the Borough : I took boat to go there with the portmanteau to enquire for him, and they stopp'd me.

Joseph Norfield . There was a direction to the Bell in Warwick-lane, but the prisoners had taken that off.

Bastow's Defence. I never set eyes on Roney before I was going into the boat in my life, I am a cooper by trade, and I was going to the other side of the water to enquire for business, and happened to go in the same boat.

Both guilty , Death .

220, 221. Elizabeth Davis , and Lucy Gypsey , were indicted for stealing one knife, one pair of scissars, two damask napkins, one pillow-bier, and other things , the goods of Frederick Standard and Robert Byfield , Dec. 23 .

Both Acquitted.

Elizabeth Davis was a second time indicted for stealing one damask table cloth, two muslin handkerchiefs, one linnen cap, two towels, one coffeemill, and other things , the goods of Theodore Ecclestone , Esq;

Guilty 10 d .

[Transportation. See summary.]

222, 223, 224. Abraham Cribb , a second time, and Campbel Hambleton , were indicted for stealing one silver watch, val. 4 l. the goods of Jonathan Schriven , in the dwelling house of the said Jonathan , and Catherine Hall , widow , for receiving it, knowing it to be stolen , Dec. 10 .

Mary Schriven . My husband lost his watch, and the witness can give a better account how.

Charles Speckman . Abraham Cribb , Hambleton, and I, stole the watch. We had seen the watch hang up in an inward room, and made two or three essays to get it, but could not till the last time. I went into the shop with a pretence to buy a half-penny worth of sugar; I had some half-pence in my pocket and I took out one, gave it a trundle into the room where the watch was hanging; I followed it, took the watch, put it into my breeches pocket. The man was weighing my sugar, and told me I should have asked his leave before I went into that room; I told him it was to take up my money which had fell on one edge and run in there. He asked me if I wanted any thing else, I told him no, nor would I have the sugar, so I flung it into his eyes, and ran away. The others stood without the door, so we all ran away together. We all three lodge just by, at the prisoner Catherine Hall's in Drury-lane. We have been concerned in many robberies together. We sold it to Catherine Hall, who is mother to Hambleton, for 25 s. we took 4 s. a piece, and the rest we put up to buy cloaths. This is the same witness as in No. 187, 188.

All three Acquitted .

225, 226. Mordecai Wale , and Thomas Blee , were indicted for stealing 40 lb. weight of iron, val. 4 s. the goods of Elizabeth Hartwell , widow .

Both Acquitted .

227. John Ruttey , was indicted for that he on the 27th of January the dwelling house of John Griffiths did break and enter, two silver tea-spoons, val. 4 s. did steal, take, and carry away .

Acquitted .

128. Richard Manlove , was indicted for that he on the king's highway on Thomas Harper did make an assault, putting him in corporal fear and danger of his life, one hat val. 1 s. from his person did steal, take, and carry away , February 20 .

Acquitted .

229. Mary Maschal , spinster , was indicted for that she on the king's highway on Mary the wife of William Jackson did make an assault, one pocket-apron, no value, and 18 shillings in moneys numbered, from her person did steal, take, and carry away , February 25 .

Mary Jackson deposed, she was in company with James Stevens about half an hour after 12 at night at the corner of Suffolk Street, by the Hay-market ; the Prisoner knocked her down, took her pocket-apron with the money mention'd in it, and ran away.

James Stevens , a Sailor, deposed, he was so affrighted that he ran away, and could give no account of the robbery ; that he ran about for near 2 hours, and could find no watchman.

Edward Milbourne , who came in court accidentally, deposed, he had known the prosecutor many years, and that she had been a common street-walker, and new keeps a house of ill fame in Prince's Court, Hedge Lane, the regulator of the watch had before deposed, the prisoner was a common prostitute, and had said, he knew no ill of the prosecutor, but to that Mr. Milbourne said he must know as well as he to the contrary, for which this regulator of the watch was justly blamed by the court.

Acquitted .

230, 231, 232, 233, 234, 235, 236, 237. John Bowen , Edward Mullins , William Smith , otherwise Norton , Robert Carmitchell , Joseph Uptebacke , Garret Lawler , Joseph Dowdle , and Thomas Quin , were indicted for making an assault upon William Salt and others, and rescuing Thomas Jones otherwise Harper out of the Gatehouse, Westminster , January 20, 1748.

Mr. Salt. I am keeper of the Gatehouse, Westminister ; on the 20th of January, 1748, Thomas Jones , otherwise Harper, was committed to the Gatehouse by Gwyn Vaughan, Esq; for picking the honourable General St. Clair's Pocket of a Gold Watch, in Company with Thomas Allen , (the Commitment was read in Court) on the same evening, it was nearer eight o'clock than seven; a person knocked at the prison door, it was opened to let them in; there are two doors in the nature of folding doors, with an upper and lower bolt; one of the doors is always shut; there is a cross bar, with a lock to keep it shut. When the Door was opened, that is, the folding part, usually opened, the turnkey was prevented closing it again; a stick, or something like it, being thrust in betwixt the post; and that in the same instant there was a great rushing to force it open; there were seven or eight of us within; we guessed there might be five or six of them; thus we shov'd force against force ; at length we closed the door; but betwixt the time of closing it there were five pistols shot off from without; one was fired the moment the door was opened, which almost blinded us; the balls and shot stick now in the wood within; there is also a little wicket with four small iron bars in it, to peep through. The prisoner Mullins had just before been with Jones in the prison, and the door of this wicket was that evening forced away and lost; so that they without could have an opportunity of seeing us within through this hole, or the door when opened; two persons within were stabbed, Patrick Henley and another man, a prisoner, who assisted us at the gate, was run quite through the elbow. No ball or shot touched any of us; one of them made himself an evidence; we have nobody but he and some circumstances corresponding with it to prove the identity of the prisoners, it being dark, and we almost blinded with their powder, could not see them. Jones crept out in this struggle at the door-way, and they carried him ff in triumph, and great shouting; the next morning one of the soldiers (which we sent for to guard the prison) found a pistol, which was burst in the string near the prison. It was produced in court.

Q. from Bowen. Did not Brian say, that at that time I was in a salivation.

Salt. I believe Brian said Bowen was in a walking fall.

John Brian . I have been acquainted with all the prisoners about two or three months before this affair at the Gatehouse happened. We were often at the Fox in Drury-lane together; on the 20th of January was twelve-months, betwixt the hours of six and seven in the evening, there was news brought to Field's house in Angel-Court, Drury-lane, by one John Folley , to Tom Jones 's companions, that he was committed to the Gatehouse, for picking the pocket of General St. Clair, of a gold watch; there were then at that house, John Bowen , Garret Lawler , Joseph Dowdle , George Carter , and myself in company; George Carter is not yet taken; we were drinking gin and beer; we concluded to go and rescue Jones out; we come out of Field's house in order to go down to York-buildings; but we went first to the Fox in Drury-lane, where we found the other four, Norton otherwise Smith, Uptebacke otherwise Mills, Bob Carmitchell , and James Quin ; we told them what we were going about; they said they would go with us. I had nothing but a broomstick with me, nor did I know they had any instrument till we came to St. Martin's Church-yard, where we met Edward Mullings ; he told us he had been drinking with Jones; we talked of the affair, Mullings said, the turnkey knew me and himself, so we were not to go in; adding, he had been drinking with him and Jones for better than an hour there, so it was concluded to put my stick in at the door, to keep it open, then fire and cut away; and while our heads were all together, this was concluded on; says Bowen, I have got a pistol and cutlass; says a second, I have another, and so on. Dowdle had a pistol and a hanger by his side, Bowen the same, Garret Lawler , had a pistol, Mullins had a pistol, which burst in the barrel ; after which, he threw it away, it hurt his right hand ; Carmitchell had a knife and a stick in his hand, the short end of a broomstick; Smith had a hanger and a stick; Bowen first knocked at the door, and when it was open, I put my stick between the door and the post; we strove to get in, but the Chain being fastened across the gate, we could not; we met with a strong resistance from within, Harper got his body between the gate and the post, and was squeezed; Bowen stabbed somebody within in the time with his hanger, betwixt the gate and gate-post, over his head; he got hold of Harper's arm, and somebody within got hold of him behind, but he was pulled out. I heard a Man cry out he was stabb'd; afterwards the gate was shut; there were about three pistols fired, or more; I was in much hurry, and can't remember the number; I saw Jones otherwise Harper, after he was taken out, as far as King-street, Westminster; we came all away together, making a great noise ; about Whitehall we dispersed, some one way, and some another.

Q. from Bowen. Did not you say before the justice that I was all that time in a sallivation ?

Brian. I might say he was in a sort of a walking fall.

Q. from Dowdle. How was I arm'd?

Brian. With a pistol and cutlass.

Q. from Smith, otherwise Norton. How was I armed?

Brian. With a hanger and an oaken stick; I knew him this three or four years; I belonged to a privateer, and we retook him, and brought him to England.

Bowen. My Lord, Brian would never have discovered any thing had he not been taken up upon my information.

Patrick Henley . I am under turnkey to Mr. Salt, at the Gatehouse: when Jones was brought prisoner there, that day about four o'clock Mullins came to visit him; about five they were about the yard backwards and forwards by themselves; he staid there till about seven; he asked me what o'clock it was, I said a little after seven ; he said blood and ouns let me go, it is time for me to go, and I let him out, and this fray happened about eight o'clock; somebody come and knocked at the door; it was opened to let them in; there was a stick put in between the door and the post, so that it could not shut too to lock; the chain was on the door in the inside, or they had all rushed in; they forced on the outside, we for our shoulders to force within against them; in the mean time, Harper got some way betwixt our legs, and was pulled away from us; as soon as the door was opened, and they pushing without, Harper bounced directly to the door; the powder hurt our eyes; there were five pistols fired ; I cannot tell how many there were without, but we found by their thrusting against the door they were very strong, there must be a great many. Allen who came in with Jones, was got to the door, but we pulled him back again. I was the first man that was wounded with a stab on my forehead, (he shewed the scar ) this was done through the wicket; after they had got Jones out, they made a terrible huzzaing; after they had got him out, I heard them say they would come back and pull down the goal; there was a pistol burst, which was found next morning under our gateway, by one of the soldiers.

John Diamond . I was turnkey to Mr. Salt, in January, 1748; he went on and confirmed the last two witnesses.

Steven Macdaniel . I know all the prisoners, and they know me. I saw them three or four days before this fray happened, at the Fox in Drury-lane ; that house harboured nothing but thieves and highwaymen. I know they used to go to the plough; I dined along with Mullins, Lawler, and Brian the witness, once at the Fox, about a Week after this affair happened; some of these belong to what they call themselves the Royal Family: I am an Officer (two of them, Carter and Dowdle, stopped me one night in Drury-lane, and desired me to deliver my Money ; I said, what I have got, you may take very easy ; I drew my hanger, and pinned one of them up against a Cheesemonger's pop.) Mr. Maycroft was there at that time. Mullings came in when we were at dinner, with his hand tied up, his thumb being hurt; he said it was done by quarrelling; he called Brian stagging dog, (the English of that is, he thought if I wanted to take any one, he would help me to him) Mr. Jones belonging to Bridewell, and I, took Brian; Jones took a pistol out of his pocket, who said, don't use me ill, I'll make myself an evidence, and before Mr. Fielding, he confessed this affair ; I had some conversation about this with Bowen, in the Press-yard in Newgate; he sent me two letters about two months ago; he said to me when I came there, if he was sure he should be sent to the place were Brian then was, he would come as an evidence about this rescue ; said I, why did not you put it into your first Information, then there would have been some credit in it; I knew Jones who was rescued, and have seen him along with Quin several times at the Fox.

Robert Maycrost . I am an Officer, and we generally make use of people that will answer our purposes. I was once treating Brian with a tankard of beer, and Mullins took an opportunity of quarrelling with him; he imagined he was going to speak the truth; he had a handkerchief tied about one hand, and said he would tie one hand and fight Brian, &c. he said he had an injury done to his hand; this was a few days after the advertisement of the rescue.

Bowen's defence.

William Merrychurch . I live in Kent-street, Surrey ; Bowen came into my house on the 13th of January, and never went out till the 19th of February 1748, being ill; he then was in a salivation.

Cross-Examined.

Q. How came you to have a house of your own to lay people down in a salivation, when at the same time you yourself was forced to go to the Lock to be laid down yourself?

Merrychurch. I never was in one in my life.

Mullin's defence. I have always served the King till I was disabled, and have now got a Pension.

Smith otherwise Norton's Defence. I know nothing at all of the affair.

Elizabeth Lee . Norton was at the same time at his uncle Jackson's chambers, ill of a fever, which took him the beginning of January 1748. and I was with him till the middle of February, I believe he did not go out above a fortnight before I left him: his uncle is an attorney in Barnard's-Inn, No. 3, up one pair of stairs: his uncle is now confined to his chamber, I saw him this morning very ill.

On her cross-examination she said the prisoner lay in a little room, on the left hand coming in; he had a blister, there were green cheney curtains to his bed, and a raised Tester, and nothing in the room, it being small, but one chair by his bed.

Thomas Fox . Smith was a patient of mine, from the 4th or 5th of January, a year ago, to the 2d of February after: he had a fever, I bleeded and blistered him, and several other attendances, and he was not capable to get out of his bed for four weeks, to my knowledge ; this was at Mr. Jackson's chambers, up one pair of stairs, No. 3. Barnard's Inn.

On his cross-examination he said, the prisoner lay in a large back room, that he never saw the prisoner out of his bed for four weeks together; there were blue curtains to his bed, and that the room was on the right hand coming in; there were a large table in the room, and several chairs and a looking-glass, and that he visited him once or twice a day.

Thomas Lee , husband to the aforesaid nurse. Smith was taken ill some time before twelfth-day, and continued ill about six weeks, he was not capable after three weeks end, to go any farther than just down in the inn, for the benefit of the air. I have been acquainted with him this six or seven years, and had used to call on my Wife the time she was nursing him.

On his cross-examination he said, the prisoner lay on a room on the left hand, a room big enough for half a dozen people to sit down by the side of the bed; the curtains were blue, and there was a table in the room. (The two last witnesses being known, were asked how often they had been to insure bail at Westminster-hall, who at first denied, and at last both acknowledged they had)

Mary Jackson . Norton lay at my husband's chambers the beginning of January 1748, he kept his bed, and was very ill five or six weeks: I believe he was not capable of going out during all that time.

On her cross-examination she said, her husband was then very ill at home, that her two chambers are much of a size; there are only a chair or two in the room, no table or looking-glass; the curtains of a blue green, that he, the prisoner, used to lie sometimes in one room, and sometimes in the other; but she was not sure of that; then she said she had seen him in only one bed, and not in the other.

Thomas Quin's defence. I have nothing to say for myself; I am just come from Sea, and know nothing of the matter, and have no witnesses.

Dowdle's defence. I was at Sea at the same time the fact was committed, but have nobody here to prove it. I came to receive some Prize-Money here last Summer, and as soon as I received it I went to Ireland, and there was taken up and brought hither.

Lawler's defence. He called Thomas Stanly , who is now a prisoner in Newgate, who deposed the same he did on the tryal of Garret Lawler in December sessions, to which the reader is referred.

Mr. Row. I am keeper of Newgate in Dublin ; Stanley came over to assist me with some of these prisoners, and Jones, we landed the 6th of October at Liverpool, and came to London the 11th. Lawler was not a Prisoner, as Stanley has related, in Ireland at that time. From a Letter I received in answer to one I sent upon Stanley's giving in this Evidence, (the letter not being Evidence could not be read ) when I brought him over he well knew what he was to be tried for here, it being advertised, and he taken up upon it; yet he never told me of his being a prisoner in the Marshalsea prison in Dublin, or made any such pretensions.

Joseph Uptebacke 's Defence. I have been seven years at sea in his majesty's service, and in that time most of my friends are dead.

All eight guilty .

[No punishment. See summary.]

238. Thomas Wingkel , was indicted for that on Elizabeth Rowland , Spinster , he did make an Assault, and her, the said Elizabeth, did carnally know .

January 6 .

As the child could not give any account of the nature of an oath, she could not be admitted an Evidence.

Acquitted .

239. Philip Hoyde , was indicted for stealing 70 pound weight of butter, val. 30s. a wicker basket, and a linnen cloth ; the goods of John Adams .

Guilty .

[Transportation. See summary.]

240. Ann Waters , was indicted for stealing 70 yards of ribbon, value 7s. thirty-three yards of taffety ribbon, value 8s. the goods of Thomas Brown and Co.Feb. 20 , Guilty 10d .

[Whipping. See summary.]

241. William Pain , was indicted for stealing one linnen handkerchief, value 10d. the goods of Thomas Basset , privately from his person .

Guilty .

[Transportation. See summary.]

242. Joseph Cooper , was indicted for stealing 2 pair of leather Shoes, value 8s. the goods of Jonathan Trustraham , in the shop of the said Jonathan , Jan. 29 .

The Prisoner was foreman to the prosecutor , who was a shoemaker , they had missed shoes several times, they let him shut up shop at night, and as he was about to go to his home the prosecutor had him searched, and found the two pair of leather shoes in his pockets.

Guilty 4 s. 10 d .

[Transportation. See summary.]

243, 244. John Bigget and John Gonday , were indicted, together with Thomas Alien , not yet taken, for stealing thirteen Hens, value 9 s. one Cock, value 1s. seven Pigeons, value 3s. the goods of Caleb Smith , Feb. 12 .

John Watts an Accomplice, about fourteen years of age, deposed Gonday (a Lad about the same age) and he were hired by the two Men, Brigget and Alien, for 1s. 6d. a piece, to go along with them. Gonday in his defence said the same.

Bigget Guilty , Gonday Acquitted .

[Transportation. See summary.]

245. Thomas Pendergrast was indicted for that he in a certain field, or open place, near the King's Highway, upon John Champnes did make an assault, putting him in corporal fear and danger of his life, three halfpence in money, numbered, from his Person, did steal, take, and carry away , Jan. 28 .

John Champnes deposed, about six o'clock, Jan. 28, he was coming home in the long field leading to Southampton-row , he was stopt by the prisoner at the bar, and another Man, who took hold of his arms behind him, while the prisoner took three half-pence out of his pocket, there being no more be put it in again, and then let him go, and that there were five more of their company, as he supposed, stood at a little distance.

The prisoner called Thomas Levise , a person admitted an evidence in divers robberies, see No. 200. who deposed he was the man who took the money out of the prosecutor's pocket, in the same manner the prosecutor had deposed, and that he had then on a blue coat, such as the prisoner was said to have on, which he said was now in pawn.

Acquitted .

246. 247. Charles Barefoot and William Eustead were indicted for stealing twenty-two bushel of coals, value 18s. the goods of William Tomlins , Feb. 6 .

Both Guilty .

[Transportation. See summary.]

248. Thomas Blunt , and George Lloyd , were indicted for that they on the 21st of November , about the hour of two in the night, the dwelling house of John Jackson , did break and enter, two copper sauce-pans, val. 9 s. one copper stew-pan, one pewter cullender, the goods of the said John did steal, take, and carry away .

Both Acquitted .

249, 250. James Jones , James Mercer , each a second time, and William Walker , were indicted for breaking and entering the dwelling-house of Joseph Man , and stealing out thence seven brass cocks, one copper stew-pan, and four live fowls , Feb. 5 .

All three guilty of felony only .

[Transportation. See summary.]

251. Thomas Cragoe , otherwise Sham , was indicted for breaking and entering the dwellinghouse of Sarah Savage , widow, and stealing out thence four silk handkerchiefs, value 10 s. two linnen handkerchiefs, the goods of the said Sarah , Jan. 4 . The prisoner had confest the fact. This Cragoe is the person admitted an evidence against Shorey and Davis, No. 63.

Guilty felony only .

[Transportation. See summary.]

252. Thomas Wetherford was indicted for stealing 10 ounces of silver thread , the goods of Francis Wilkinson , Feb. 15 .

Guilty 10 d .

[Transportation. See summary.]

254. Richard Oxley was indicted for stealing half a hundred wt. of lead, value 5 s. the goods of Thomas Moss , Feb. 10 .

Guilty 10 d .

[Whipping. See summary.]

255. Benjamin Hamstrad was indicted for stealing 16 bushels of wheat, value 2 l. 16 s. the goods of Benjamin Waples .

Acquitted .

256, 257. John>Jefferies , and Whitman Bailey , were indicted for stealing six china plates, value 6 s. 18 china cups, value 6 s. 10 china basons, value 6 s. one china bowl 3 s. and other things , the goods of Elizabeth Gardner , widow , Jan. 23 .

Jefferies guilty 4 s. 10 d .

Bailey Acquitted .

[Transportation. See summary.]

258. Catherine Veasey was indicted for stealing one calimanco gown, value 4 s. and one sheet the goods of William Janus , Feb. 6 .

Guilty 10 d .

[Whipping. See summary.]

259 Margaret King , Spinster , was indicted for stealing one silk damask gown, value 10 s . the goods of Eleanor Wilkinson , widow , Feb. 15 .

Acquitted .

260. James Dawsey , otherwise Derford , was indicted for stealing one cloth coat, value 20 s. the goods of Richard Wilkinson .

Guilty .

[Transportation. See summary.]

261. John Richens was indicted for stealing two shillings in money numbered , the goods of Robert Chaning , March 2 .

Guilty .

[Transportation. See summary.]

262. Elizabeth Taffe , Spinster , was indicted for stealing one silve shoe buckle, value 2 s. one pair of knee buckles set with stones value 8 s. and other things , the goods of Martin Lewise , Sept. 14 .

Guilty .

[Transportation. See summary.]

263. John Moulster was indicted for stealing three linnen gowns, val. 15 s. three linnen caps, val 1 s 6 d and other things the goods of William Cook , Feb. 2 .

Guilty 10 d .

[Transportation. See summary.]

264. John Thorp was indicted for that he in a certain field, or open place, near the king's highway, upon Daniel Brown did make an assault, putting him in corporal fear, and danger of his life, one silver watch, value 40 s. from his person did steal, take, and carry away , Nov. 21, 1748 .

Daniel Brown . On Nov. 21, 1748. I had been out towards Holloway a shooting, it being a hard frost; returning home about a quarter of an hour after six; I then lived in Cold-Bath-Fields, it being a very moon-light night, I saw three men in the next field to the Cold Bath, between Cold Bath and Merlin's Cave, as great a distance from me as about the length of the Old Bailey, the prisoner was one of them. When they came along side me, the prisoner came out from the rest, and said D - n you, stand; and d - n your eyes if you move, I'll blow your brains out. He took out my silver watch, and what silver I had, about seven or eight shillings. The other men never touched me. He put his hand into my other pocket, and took out some half-pence, and other trifling things, and returned them me again. I was told, by describing him, such a man had been seen at the Ship; I think the landlord's name was Glover in Chick-lane. I went there the next day with an acquaintance, when the prisoner and about four or five men came in about four in the afternoon. The prisoner sat down next to me; I was very much surprized, he swore and cursed in a terrible manner. They got shaking halfpence in a hat, and a quarrel arose, whether it was pretended I cannot say. The prisoner bad me get up and second him; I told him I was not for fighting. Then there were more of them came in, about 10 or 12 in all. I staid there about half an hour; some pretended to be going home, some one way and some another, and they all dispersed. I asked the landlord who this man was, and he begged of me not to speak till his wife was gone out, saying she was going to market. After that he told me his name was John Thorp , otherwise Donecey. After that I took several people with me at several times, but the landlord told me they had absconded his house ever since. In last January I saw the prisoner's name mentioned as apprehended at St. Alban's; I had some business at my father's at Barnet, so I went to St. Alban's goal, and upon the first sight I knew the prisoner.

Guilty , Death .

265. 266. Hannah Landers and Martha Donnite , Spinsters , were indicted for that they, on the king's highway, on Elizabeth, the Wife of Thomas Tucker , did make an assault putting her in corporal fear and danger of her life, one cloth cloak, value 8d. did steal, take, and carry away .

Feb. 4 .

The Prosecutor herself owned she was in liquor when she was robbed. Also James Webb a Watchman confirmed that, and said she was almost incapable of knowing what had happened to her.

Both Acquitted .

267. George Whitlock was indicted for stealing three moidores and twelve guineas, the goods of Isaac Whitlock in the dwelling-house of the said Isaac , Jan. 11 .

Acquitted .

268. Mary Isles was indicted for stealing one piece of cotton cheque, value 20 s. the goods of John Chamberlain , in the shop of the said John , Feb. 26 .

John Chamberlain . I live in Holy-well-street, Shoreditch ; I was not at home when the robbery was committed, when I returned my wife and servant had got the prisoner in my shop again, she had taken the cheque, and had been gone out of the shop. They can give your lordships a better account of the robbery.

Hannah Chamberlain . I am wife to the prosecutor. Yesterday was seven-night, the prisoner came into my shop, about the time of lighting up candles, to buy a small quantity of Irish for shift sleeves. As she was looking on the cloth by the light of the door, I saw something look bulk under her cloaths. I imagined she had took something; for as I looked hard at her I perceived she turned pale. She went out of the shop, I called our maid, and desired her to watch that woman where she went; for I was very suspicious she had took something, but I could not tell what. Just as the maid was going out of the door, I missed the cheque out of the window; I told the maid what she had got, and desired her to go and call her back, which she did. We searched her, and found she had on a remarkable pocket, but nothing of mi ne upon her; then we went to the place where she was standing when my servant went to her to come back, which was in a little alley, not a stone's cast from my house; we looked over the pales, but could not see the cheque.

Elizabeth Stevens . I am servant to the prosecutor; I saw the prisoner in our shop, and after she was gone my mistress desired me to go and call her back, saying she miss'd a piece of cheque from out of the window. She was in an alley in Newin-yard, standing sloping as though she was buckling her shoe near the pales; I told her my mistress wanted to speak with her. Then I turned my back towards her, and she followed me directly.

Catherine Cotton . My pales come into this alley; I heard something about this time come over them, and heard it rustle like paper in the fall. I went into the garden, and found this piece of cheque withinside my pales. From out of this alley I took it up, and brought it into my house; and as I sat, I heard a talking in the alley, and somebody say, has not she throw'd it over the pales? I opened my back door, and there was Mr. Chamberlain and the Constable in search after something. I asked what they wanted, they said a piece a fine cheque ; I said I had found it; it lay near the place where the servant said the prisoner was standing doing something to her shoe.

Guilty 4 s. 10 d .

[Transportation. See summary.]

269. John Smith was indicted for stealing one silver cream pot, value 10s. the Goods of Ann and Dorothy Rawlinson , Feb. 18 .

Guilty .

[Transportation. See summary.]

270. John Stanhope , otherwise Wilson , was indicted for stealing two pair of sheets, value 2 s. three pillow covers, value 8 d. one table cloth, and other things , the goods of Sarah Oakley , widow , Jan. 19 .

Acquitted .

271. Robert Gardner was indicted for stealing one pair of crimson breeches, the Goods of Peter Hunter , one pair of breeches, the goods of William Beaton , one pair of breeches , the goods of Isaac Hipworth , Nov. 19 .

Acquitted .

272. William Tyler , late of Hackney , was indicted for stealing a Mare, value 3 l. the Goods of John Brickmaker , Feb. 1 .

Acquitted .

273. John Simons , was indicted for stealing one hand saw, val. 2s. the goods of Thomas March , Jan. 17 .

Guilty 10 d .

[Whipping. See summary.]

274. Michael Sterm , was indicted for stealing fifteen unbound books, entitled, Poems on several Occasions, value 12 s. the goods of Mary Barber , Spinster , Feb. 12 .

Guilty 10 d .

[Transportation. See summary.]

275. William Alexander , was indicted for stealing one Fustian Frock, value 1s. one linen Frock, value 1s. and other things , the goods of Walter Nichols , Jan 25 .

Guilty .

[Transportation. See summary.]

276. Antonio Francisco , was indicted for forging the name Antonio Francisco , Mariner, to a note, and publishing it with intent to defraud .

Acq.

He was a second time indicted for forging and uttering another Note, in the same name, with intent to defraud .

Acquitted .

277. Antonio Decoster was indicted for stealing six pieces of India callico, value 9 l. the goods of persons unknown.

Guilty .

[Transportation. See summary.]

278. Samuel Barcley , otherwise Barker , was indicted for stealing four planks, val. 4 s. the goods of Bailey Heath , Esq; Jan. 30 .

Guilty 10 d .

[Whipping. See summary.]

279. Thomas Green was indicted for stealing one holland shirt, val. 14 s the goods of Nicholas Antonio , Jan. 23 .

Guilty 10 d .

[Transportation. See summary.]

280. John White was indicted for stealing one pair of leather pumps , the goods of Richard Newton , Feb. 17 .

Guilty 10 d .

[Transportation. See summary.]

281, 282. Tho Heydon and Eleanor his wife , were indicted for stealing things out of their ready furnished lodgings , Feb. 6 .

Thomas, guilty 10 d .

Eleanor Acquitted .

[Transportation. See summary.]

283. Phil. Rogers was indicted for stealing things out of his ready furnished lodgings , Jan. 24 .

Guilty 10 d .

[Transportation. See summary.]

284. Elizabeth Norton , Spinster , was indicted for stealing three silver tea-spoons, val. 5 s. one pair of silver tea-tongs 2 s 6 d one pair of sheets, and other things , the goods of Robert Longbottom , Oct. 14 .

Acquitted .

285. George Walker was indicted for stealing one holland apron, val. 2 s. one diaper table cloth, 2s. three holland shirts, 4 s. the goods of Charles Delamain , Feb. 3 .

Acquitted .

286. Edward Philips was indicted for stealing 6 pounds wt. of allum , the goods of Andrew Seymour , Jan. 27 .

Guilty 10 d .

[Transportation. See summary.]

287. Jane Brown otherwise Shepherd , widow , was indicted for stealing one cloth coat val. 12 s. and one pair of leather boots , the goods of William Moore . Jan. 30 .

Guilty .

[Transportation. See summary.]

288. Edward Child , was indicted for stealing one silver spoon, val. 8 s. the goods of John Tapping , Feb. 18 .

Guilty 10 d .

[Whipping. See summary.]

289. John Dirk Sangemeler , was indicted for stealing one silver watch, val. 50 s. the goods of John Dirk Coleman in the Dwelling-House of John Edwards , Feb. 9 .

John Dirk Coleman . I live in the house of John Edwards ; I went down stairs, and left my watch, hanging in my room, and returned home in half an hour. As soon as I entered my room I missed it, and was told the prisoner had been there. I went out to look for him, and found him the same night, and taxed him with being in my room ; he swore he had not. I told him I had lost my watch, he said he was very sorry; I took him up, searched him, but found not the watch.

Joseph Pain . I live in St. Martin's Court; I saw the prisoner come out of the prosecutor's room a little time before the watch was missing.

John Kitts . I am a pawn-broker in Chandois street, On the 9th of February the prisoner brought the watch to me to pawn (it was produced in court.) When he brought it me, he said it was his own.

Guilty 39 s .

[Transportation. See summary.]

The trials being ended, the Court proceeded to give judgment as follows:

Received Sentence of Death 15.

James Young , Patrick Roney , John Bastow , William Fry , Thomas Jones otherwise Harper, John Duckett , J. Carbold, J. Sandiland, Charles Gawing , John Doe , John Stanton , William Russel, Edward Busby , Peter Oldfield , and John Thorp .

Judgment Respited 8.

John Bowen, Edward Mullins, William Smith , Robert Carmitchell , Thomas Quin , Joseph Dowdle, Garret Lawler and Joseph Uptabacke .

Transportation for Seven Years, 41.

Daniel Richley , Brian Quin , William Beverly , William Windsor , Peter Campbel , Mary Howard , Phillip Hine , William Pain , James Jones , William Walker , James Murcor , Thomas Cragoe , Thomas Wetherford, James Cross, Michael Storme , Casper Dunlop , James Blanthorn , John Thomas , Mary Hammon , Margaret Quin , Elizabeth Davise , Joshua Cooper , John Baget , Charles Barfoot , William Eustend , John Jefferys, James Dawsey , John Richens , Elizabeth Taffe , John Moster , Mary Isles , John Smith , William Alexander , Antonio Decoster , Thomas Green, John White , Thomas Heydon , Philip Rogers , Edward Philips , Jane Brown , John Dirk Sangemeler .

Whipped 8.

James Burr , Ann Waters , Richard Oxly , John Simons , Catherine Vezey , Edward Child , John Chilton , Samuel Berkley , otherwise Barker.

Branded 2.

Elizabeth Smart , A - L - .

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Each Subscriber to pay two Shillings and Six pence down, and Five Shillings more on the delivery of the Book, stitch'd in Blue-Paper. The whole Art will be compriz'd in a few Pages, but there will be several Psalms and Chapters out of the Old and New Testament, and other practical Improvements to render it a sufficient Instructor of itself.

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