Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 September 2014), September 1750 (17500912).

Old Bailey Proceedings, 12th September 1750.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On Wednesday the 12th, Thursday the 13th, Friday the 14th, Saturday the 15th, Monday the 17th, Tuesday the 18th, and Wednesday the 19th of September.

In the 24th Year of His MAJESTY's Reign.

NUMBER VII. for the Year 1749.

BEING THE Third SESSIONS in the MAYORALTY of the

Right Honble John Blachford , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable JOHN BLACHFORD, Esq; Lord Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES, and RICHARD ADAMS , Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City, and County of Middlesex.

London Jury.

Robert Spearich ,

Samuel Phene ,

John King ,

Richard Peepover ,

Richard Coleman ,

Samuel Hool ,

Thomas Noton ,

John Heart ,

John Durham ,

James Smith ,

Joseph Clare ,

Thomas Tibson .

Middlesex Jury.

Benjamin Timbrell ,

John Luttman ,

* Richard Stenton ,

* Richard Stenton being taken ill; John Gilbert was sworn in his room.

William Perrett ,

John Wilkins ,

John Barlow ,

William Seccul ,

Thomas Blake ,

William Timbrell ,

Robert Morgen ,

Thomas Morris ,

John Blacksley .

501. William Smith , was indicted for forging a bill of exchange for 45 l. for value received of Thomas Wicks , and also an acquittance to it . He pleaded guilty : Being ask'd by the court if he knew the consequence of his so pleading, he answered he did, and added, My Lord, I am unhappy enough to stand here, indicted for a fact which my prosecutor can so easily prove against me, therefore from a consciousness of it, and to prevent giving the court any unnecessary trouble. I do confess my guilt, and submissively rely on the favour of the court to intercede for my life. - My Lord, I have thus much to say in alleviation of my crime, that this is the first time I ever appear'd before a court of Justice in an ignominious manner; that a case of necessity urged me to commit the fact I am charged with, and that my heart is full of sorrow and contrition for it. If therefore your Lordship, or Mr. Recorder, will be pleased to report me in this favourable light to his Majesty, or the Lords in power, it will, I hope, be the happy means of inducing them to extend their clemency towards me; but if I am so unfortunate as not to be thought an object worthy their compassion, I trust that the Lord of Heaven and Earth will have mercy on my soul.

502, 503, 504. Hugh Hancock , Mary Richmond , widow , and Ann Best , widow , were indicted for stealing one double laced mob, value ten shillings , the goods of Henry Brown , August 9 .

All three acquitted .

505. Susannah, wife of Francis Deadman , was indicted for stealing two linen sheets, value ten shillings, the goods of John Pilkington in her ready furnish'd lodgings, let to be used by the said Susannah , July 25 .

Guilty 10 d .

[Whipping. See summary.]

506. James Hawes , was indicted for stealing three cotton gowns, value eleven shillings, one silver punch ladle, value four shillings, eight linen aprons, five linen mobs, two linen handkerchiefs, one pair of cambrick ruffles, the goods of Mary Cole , widow ; four linen shirts, value eight shillings , the goods of Richard Cole , July 29 .

The Prisoner's father was an inmate in the prosecutrix's house ; the prisoner open'd a door that had been fastened up from April last, enter'd her apartment and took the things mentioned; he was taken with one of the shirts on his back; he own'd the fact before the justice, and gave directions where to find most of the things, which were produced in court.

Guilty .

[Transportation. See summary.]

507. Susannah Baily , widow , was indicted for stealing 7 linen caps, value 12 s. 2 muslin handkerchiefs, val. 3 s. 1 pair of linen sleeves, val. 3 s. 2 muslin stocks, 6 linen shirts, 1 linen shift, 3 towels, one flannel petticoat, the goods of John Smith , in the dwelling-house of the said John , July 14 .

John Smith . I live in Old-Street . On the 14th of July, about ten o'clock at Night, I was at supper with my lodger above stairs; I was call'd down, and I found my wife had been in pursuit of the prisoner, who with assistance had brought her back to my house, where she fell down on her knees and ask'd forgiveness.

Judith Smith . I am wife to the prosecutor; I was coming down stairs, and saw the prisoner in my entry with a bundle in her apron. I went after her, and Robert Gotoe with me, I took her in Crosby-square; I took hold on her, and ask'd her how she came by these things; she said a woman gave her them to hold while she went to some place hard by, and also three halfpence for holding them. First she said her name was Susannah Taylor , and after that she said it was Baily. (The goods were produced in court and depos'd to) and that they were taken from out of the prosecutor's house.

Robert Gotoe confirmed Mrs. Smith's testimony of the prisoner being taken with the goods upon her.

Prisoner's Defence. I met a woman in Old-street, she told me she had been a harvesting. Said she, I wish I was in your condition, for you are a widow, for mine is a very bad husband. Said she, if you will hold this bundle, here is three halfpence to drink a pint of beer, and when I come back again I will pay you for your trouble.

Guilty 4 s. 10 d .

[Transportation. See summary.]

408. Jane Service , otherwise Bell , spinster , was indicted for stealing 2 silver spoons, value 15 s. the goods of Christopher-Stephen Hall , August 4 .

Sarah Hall. I am wife to the prosecutor ; we mist these spoons on the Friday, and on the Monday advertised them, and the Monday following the pawn-broker brought them, there is my name at full length engrav'd upon them (they were produced in court). At the time they were lost the prisoner was at work in our house as a charewoman.

Charles Gurney . The prisoner at the bar brought these two spoons at two different times to pawn with me, one was the 30th of July, the other the 1st of August; she had 7 s. 6 d. on each. She told me they were sent from a gentlewoman who was going to Portsmouth.

James Solomon , the Headborough, depos'd to the prisoner's confession.

Prisoner's Defence. I got the spoons in the way of broken victuals.

Guilty 10 d .

[Whipping. See summary.]

509. Elizabeth, wife of George Trussin , was indicted for stealing one linen bag, value one penny, three moidores, one 36 s. piece, one guinea, one half guinea, the property of John Lawton , Esq; in the dwelling-house of the said John .

August 25 .

John Swanson . I live in the Esquire's house, and receive his rents, &c. he lives in Ratcliff-high-way . After I had told the money he put it into a bag and carried it up one pair of stairs into a sore room; that afternoon he went into the country. The prisoner used to be employed by the maid the fore part of the day to assist in the house; it was reported she was married on the Saturday in the afternoon, and in that affair she had expended 3 l. 6 s. 9 d. We went and took her up on the Monday following; she denied knowing any thing of the matter before justice Burry, but on the Tuesday morning she told me, she shook the scrutore (Mr. Lawton told me, he did not know whether he put the money into the till, or the scrutore) and the money fell down behind from a hole which there was in the back part of it, and she took it up; whether this hole was done by her, or some body else, I know not. She did not name any particular pieces. I ask'd her what she had done with it, she said, most of the money was lost, with the certificate, coming back from being married, in a coach.

Sarah Mitchel . I live a servant with Esquire Lawton; I know nothing of the affair ; all I have to say is, I employ'd her as a chare-woman .

Guilty 39 s .

[Transportation. See summary.]

510. Thomas Kirby , was indicted for stealing one saw, value 5 s. the goods of Thomas Russel , August 13 .

Thomas Russel is a carpenter , at work at this time in Skinner's-street , he went to drink with a brother carpenter and left his saw upon the work bench; the prisoner is a carpenter likewise, was met by the prosecutor, at his return, in the passage to the house where he work'd, with the saw in the lining of his coat (it was produced in court).

Guilty 10 d .

[Transportation. See summary.]

511. Samuel Codosa , was indicted for stealing three cotton gowns, val. 20 s. the goods of Eliz. Batison , widow , July 4 .

Eliz. Batison. I take in washing ; I lost these three gowns the 28th of June out of my ground, where they hung up to dry. I had an information that the prisoner had stole them. He lives in Gravel-lane, Houndsditch. He was taken up the 23d of July. He would neither acknowledge or deny the taking them. I searched Mrs. Holland's house, but could not find them. After that she sent two of them by a woman who dropp'd them by Mr. Winn's door.

Prisoner. I don't know that woman or what she is talking of.

Fra. Holland. Here are two gowns I bought of the prisoner (turning to the prisoner) Do you know me, young man?

Prisoner. Yes, I know you keep a bawdy house well enough.

F. Holland. The prisoner asked me if I would buy two gowns. I told him my husband was in confinement in Ludgate, and I could not spare the money. He said he had them to dispose of for a person who wanted money. He said one would fit me, and the other my daughter; he asked 12 s. for them. I had but 4 s. and 6 d. I gave him that in part of pay. Then I sent my ring, and borrow'd 6 s. upon that, and paid him the remainder.

Prisoner. She gave me but half a guinea for them.

Guilty .

[Transportation. See summary.]

512. John Taphouse , was indicted for stealing one silver quart mug, val. 39 s. the goods of William Humphreys , Aug. 11 .

William Humphreys . On the 11th of Aug. the prisoner was at my house (I keep a public-house in Elbow-lane, near the three cranes ) he was in company drinking and singing. One William Rogers came to me, and told me, they missed a tankard, and desired I wou'd come up, and make search; accordingly I did. I found none. The prisoner was searched as well as the rest. I knew all the company very well except the prisoner, which gave me a suspicion of him. I challenged him with knowing what was become of it. When he found he must go to the Counter, he owned he had taken it out of the house, and carried it to Dowgate-hill, and hid it behind a spur of a door to an empty house. I took Mr. Lazure and Samuel Woodward . We found it according as he had said, with a parcel of lavender upon it.

This testimony was confirmed by Samuel Woodward and Charles Lazure ; and also that the prisoner had been out of the Room at one time for about ten minutes.

Guilty .

[Transportation. See summary.]

513. Richard Wright was indicted, for that he, together with two other persons not yet taken, on the king's high way, upon Charles Coleman did make an assault, putting him in corporal fear and danger of his life, one hat, val. 2 s. one perriwig, val. 1 s. and one shilling in money, numbred, from his person and against his will, did steal, take, and carry away , Sept. 1 .

Charles Coleman . Last Saturday was sen'night in the Morning I was coming from Moorfields, facing Bedlam gate , the prisoner stop'd me. There were two other men with him, they got behind me; he took my hat and wig and toss'd them to the other men; after that he put his left hand to my left hand pocket, and took out a shilling. After he had put his hand in my pocket some time, the others put my wig before my eyes; then I said, gentlemen, you have no occasion to blind me, I have but one shilling about me, and if it was ten times as much I would give it you; then they ordered me to go along, and not to come or look back. Then when I was got from them, I called to a watchman to come to my assistance, and after that another; but they did not care to go with me after them. Then came Mr. Chennery to go over the fields, I told him if he did, he would be robb'd as I had been. He said he must go across the fields. I called to some more watchmen and told them the affair; one of them had got a sailor's jacket on; I asked him to lend it me to put on, that the men might not know me again; he did, and put on my coat; then one of them lent me a hat, but none of them would lend me a staff. Mr. Chennery said he would go along with me. We went together, and the watchmen followed us. When I came betwixt the posts, I saw them all three sitting upon the Wall that parts the middle fields from the quarters. When I came near them, I pull'd the jacket by the fore parts, and pulled it close round me, and held my head down; they asked us what we wanted; Mr. Chennery said money and manners; he repeated it twice. I knew the prisoner to be the man that stood before me, and robb'd me, as soon as I saw him again; then they said, can't we sit here upon the wall for all you. Mr. Chennery said, and can't we stand here for all you. They began then to whistle, and the other two jump'd from the wall and run away. Then said I to the prisoner you are the man that robbed me, and you shall not go if the others do. Then I took hold of him, and left him to the care of Mr. Chinnery, while I ran after the others. When I came back, they were both on the ground together, having had a Scuffle; then the Watchmen came up, and they took him to the watchhouse. I ran over the fields after the other two, but could not find them; it was a moon light night, and there were six lamps round the place; I am very certain he is the man that robb'd me; he was taken in less than a quarter of an hour after he robb'd me. He was searched in the watch-house, and a single shilling was found in his pocket; there were no arms found upon him.

Charles Chennery deposed to the same of their taking him, &c.

Prisoner's Defence. I was going up Grubstreet between 10 and 11 o'clock, and met a gentleman like man that seemed to be in liquor; he asked me the way to Bishopsgate-street; I told him he was going wrong, saying he must go back again. He asked me to shew him the way, I did not much care to go along with him; he said if I would, he should be obliged to me. I went with him; he asked me to drink part of a pot of beer. We went to Skinner-street, and drank four full pots of beer together. When I parted with him it was betwixt 12 and 1 o'clock. I was coming home. I had occasion to ease myself under the wall in Moorfields. There came three or four Men, and looked over the wall; up came my prosecutor, and two or three more. I asked what they wanted; they said money and manners. I said I had no money. Then the prosecutor said to me, you are the man that robb'd me; and insisted I had got a pistol about me. They searched me, and found nothing upon me. I lost 5 d. out of my pocket.

Guilty Death .

514. James Hayes , was indicted for stealing 20 s. in money , the property of Eliz. Hammond , widow , Aug. 5 .

Eliz. Hammond. I live in Kirby-street , and keep a public house . When I lost this money, there was no other person in the house besides the prisoner at the bar. My money was in my pocket-apron. I can swear to 20 s. at least; I had took it off, and laid it in the bar. I went backwards to get a pail of water, and when I returned, he, my apron, and money were all gone. He was taken up the same night at the George, on Saffron-hill. There were 26 s. found upon him. He confessed to me, it was my money, all but 6 d. and 3 d. in halfpence, which he said were his own.

Richard Manby and Charles White confirmed that of his confession.

Prisoner. I have nothing to say, I leave it to this honourable court.

Guilty .

[Transportation. See summary.]

515, 516, 517. Thomas Rowland , Richard Hutton , and Benjamin Mason , otherwise Ben the Coleheaver , were indicted, for that they, together with James Dormer not yet taken, on William Harsel did make an assault, putting him in corporal fear and danger of his life, one hat lac'd with gold, val. 5 s. one silver hatband buckle, val. 2 s. 6 d. and 2 s. in money, the goods of the said William, from his person, and against his will, did steal, take and carry away , Aug. 1 .

William Harsell . I was robb'd in Red-Lion-street , Holborn, at past 12 o'clock, Aug. I. of a gold lac'd hat, and a silver hat buckle, and 2 s. in silver. One person held a pistol to my head; another had a hanger or a cutlass. They damn'd my eyes and limbs, and swore they would blow my brains out, if I would not give them my money. I had a javelin screwed on the end of my walking stick (it went on with a socket, the blade about nine inches long) but the scabbard happen'd to be on. I made a resistance, and swore I would not give them one shilling. Then one of them said, Fisk him. They took 2 s. and my hat, and went off. I preserved my watch the string being withinside, a guinea, and a ring.

Q. Do you charge this to the prisoners, or either of them?

Harsell. My lord, I will not swear to either of them, but I do believe Hutton and Rowland to be two of them that robb'd me.

Luke Ball . I was in company with the prisoners, when we robb'd the prosecutor, there were five of us; there was one James Dormer . We met together at the King's-head, Gravel-lane, and met the prisoner in Red-Lion-street. Ben the Coalheaver had a pistol; he held it up at him. Rowland had another and fired it at him, but it missed.

Q. to Harsell. Was there a pistol fired?

Harsell. There was one snapp'd, but it missed fire.

Ball. Then he turn'd round to Ben the Coalheaver, and said, d - n you, why don't you fire? mine has missed. Hutton had a hanger. James Dormer took two Shillings out of his pocket. I took him by the nose, and told him if he spoke a word I wou'd cut his nose off.

Q. to Harsell. Do you remember any thing of this?

Harsell. Yes, my lord. I called out watch, and thieves directly; one of them took me by my nose, and told me, if I spoke a word he wou'd cut my nose off. The watchmen were very near me, but none came to my assistance. I believe them to be as big rogues as these; had they come I could have taken them then.

Q. to Ball. Who took away the prosecutor's hat?

Ball. I did.

Q. to Harsell. Is it upon the account of what Ball said, that you believe two of these to be the men, or from your own knowledge?

Harsel. From my own knowledge. There was alamp within two doors where I was robb'd One of them had a green waistcoat on with gold button-holes (such as Rowland has on now.) I judge by the size of the men; they are the size of two of them. When I went into Bridewell, Ball pulled off his hat to me as soon as I came into the place; I ask'd who he was? I was told he was one of the men who robbed me; then I went to see the rest of them.

Q. to Ball. Did you make an information against any of these three prisoners before you was taken up?

Ball. No.

To their characters.

John Day . I have known Hutton five months; I worked with him at Mr. Wells's and Loe's. He had the trust of several hundred pounds worth of goods while I was there. I know nothing to the contrary, but he is an honest man.

John Chamberlain . I have known Hutton six or seven years, he is a cloth drawer. I cannot say I ever heard much amiss of him. I never heard he was guilty of robbing.

William Middleton . I know Hutton, he bore a very good character. I believe him to be an honest man, as far as I know. I don't think he is guilty of this crime.

Richard Ashley . I know Hutton, he is of a very honest family; and I really think he is an honest man.

Jos. Brumley. I have known Rowland from two years of age; I believe he is as honest a man as ever was born in the world. I am a malt-distiller; I trusted him with every thing it is possible a man can mention. He was a servant of mine for five years. He has took money for me; I believe 30, 40, 50 pounds at divers times. I never knew he wronged or cheated me of a farthing. I don't think he ever robb'd man, woman, or child, in the world.

Mr. Bilson. I am partner with Mr. Brumley. Rowland behav'd well in our service. I don't think him guilty of this robbery.

Mr. Vernon I know Rowland; I never heard he ever defrauded any person of a shilling; I don't believe him to be a wicked man.

Thomas Brown . I never heard any ill of Mason before. All three acquitted . See No. 70. in Sir Samuel Pennant 's mayoralty.

518. Diana Reves , was indicted for stealing two flaxen sheets, val. 5 s. one pair of silk stockings, val. 5 s. two linen caps, one linen handkerchief , the goods of Henry Basset , July 25 .

Guilty 10 d .

[Whipping. See summary.]

519, 520. James Theobalds and John Dangerfield , were indicted for that they, on the king's highway, on William Cave did make an assault, putting him in corporal fear and danger of his life. 7 s. and 6 d. in money, numbered from his person, and against his will, did steal, take, and carry away , Aug. 12 .

William Cave . On the 12th of Aug. about 9 at night, there were I, and Thomas Hammond , and three women, in a four wheel chaise, with a back seat to it ; and Thomas Snow drove it. Coming along Bethnal Green back road , there was a man on horseback rode up to the coachman, and ordered him to stop or he would blow his brains out. After a few words pass'd he came to me, and demanded my money; it was a dark and rainy night; I could not see to swear to the man; I gave him three farthings. He look'd at me and said, d - n your blood what is that for? He demanded more; he call'd out to another man on horseback on the other side, and bid him mind his business. I put my hand in my other pocket and gave him 7 s. 6 d. Then he turned his horse about, and ordered the other man to stop the next coach, calling him Thomas. After he turned his horse about, the coachman said, d - n your body, I know you, I see you almost every day. We all called out and bid him hold his tongue. Thomas Hammond lost a shilling and a halfpenny, taken by the man on the other side, but I did not see him do it.

Thomas Snow . I am the coachman. As we were coming from Mile-end turnpike to Bethnal Green, two men rode up on the off-side the chaise ; one of them bid me stop, or he would blow my brains out; he had a pistol in his hand. The other rode round on the other side of the chaise : then he who bid me stop, bid me hold my head the other way, or else he'd blow my brains out : (then I knew his voice). He rode up to Mr. Cave, and d - d him, and put the pistol towards him. I heard him ask him for money, saying, money he must have. I turn'd my head round and looked at him. I heard the money chink, but could not see it, it was so dark. Then there came by a coach on the other side; to the best of my knowledge one called out to the other, and bid him stop it; and we went on to London.

Q. Did you know the man that stopp'd you?

Snow. I saw his face and knew him; I believe my face was within a yard and half or two yards of his; I knew his voice and his face at that very time; it was John Dangerfield ; I have drank also with him several times before in Smithfield, and that very night I caused him to be taken up. I have known him three or four years: He was book-keeper to a Waggon on that comes in at the Sarazen's head, on Snow-hill. As to the other prisoner, Theobald, I have nothing against him, but Dangerfield's own words. When he was taken up, he said, he was in company with Theobald's at that time. On thursday was sen'night I was going by the Half-moon in Smithfield, I saw Dangerfield drinking in a public room. I went in, and drank part of one pot of beer with him. I tapp'd him by the shoulder, and called him cut, and asked him, if he remember'd last Sunday-night, about stopping a four-wheel'd chaise near Mile-end turnpike. And he said, did you drive it ? I said yes. Then said he, My dear eyes, be righteous to me, my life lies in your hands. I am sure he is the man that robbed Mr. Cave, if there is a man living in this place.

On his cross examination he said, it was a dark rainy night; the prisoner's hat was not put down; he had on a neat coat; that he did not think proper to blow it, though he said at that time he knew him, till he could have an opportunity of taking him himself; he believes Dangerfield did not know him when he did the robbery.

Dangerfield's Defence. I know nothing at all of the matter which this man charges me with.

Robert Walker . I am a printer, and live in the Old-Baily; I have seen the two prisoners at the bar twice before, once the 12th of August, the other time in Bridewell: On the 12th of August I saw them at Holloway, at the Horse and Groom; they came in there about a quarter before 7 o'clock in the evening, they got off their horses; whether they came up or down the road thither I know not. The man of the house was fuddled, he brought them out some cold sowl, they call'd for some wine; I remember I had some discourse with them about the Foundling-Hospital, I had been there to see the christening; I came away from thence 17 minutes, by the clock, wanting of 8 o'clock in the evening, and I believe when my wife and I got into the chaise it might be within 10 minutes of 8. I left them there, and their horses were then in the stable.

Mrs. Walker confirms this account.

Joseph Cooper I live about a mile and a half on this side the Horse and Groom; Mr. Dangerfield and another man came into my house the 12th of August at night, we had candles lighted; when they came in they call'd for a quartern of rum and milk; there was a heavy shower of rain; I went to bed, they staid drinking their liquor; how long they stay'd I can't tell.

Christiana King . I live a servant with Mr. Cooper; I remember the prisoners coming into our house, they alighted at the door, and put their horses up themselves; they call'd for sixpeny worth of rum and milk; they ask'd what o'clock it was, I took the candle and saw it wanted 10 minutes of 9, it rained then; they had been in a considerable time before they ask'd what o'clock it was; they did not go away till after 9 o'clock.

Sarah Sutton . I know Snow the coachman, he was at breakfast with Mr. Hammond at our house, the Half-Moon in Smithfield: Hammond is a coachman, and was robb'd with Cave; Snow said he was very sorry for what he had done in swearing against Dangerfield, and that he had not done it if he had not been advised to it, and that he thought of being a master coachman.

Job Selby, Mr. Page, Mr. Norton, John Sibley , Francis Pepworth , all gave Dangerfield a very good character.

Both acquitted .

521. George Otterton , was indicted for that he, on the king's highway, on Richard Jenkins did make an assault, putting him in corporal fear and danger of his life, one coat for a child, value 2 s. and sixpence in money number'd, from his person did steal, take and carry away , August 26 .

Richard Jenkins . I work in London, my family live at Hounslow; I set out from London late on the 25th of August; the prisoner at the bar came up to me betwixt eleven and twelve o'clock, with his soldier's coat turn'd inside out; he said, he was going to take a deserter; this was betwixt the half way house and Kensington. We went in together at the Cock ale-house at Kensington and drank, then I went forward towards Hounslow, he went with me; I went cross Turnham-green, there is a lane leads from that green to Branford , in that lane he made an attack upon me sword in hand, he clapt it to my throat and collar'd me, and demanded my money; I said I had got no more than the change. I had out of a shilling at Kensington, when I paid for a pint of beer. I collar'd him, and we were down in a dry ditch together; we got up again, then I cry'd out thieves, murder, &c. at this time I judg'd it to be between twelve and one o'clock. I was down again, he throatled me, and said if I spoke a word he would murder me outright. I put my hand in my pocket when he was upon me and got my knife; I thought I had done his business for him, I stuck him in two or three places of his body. We got up, he got me down once more; we got up again, then said he to me, you have murder'd me; said I, I believe I have. Said he, notwithstanding I insist upon your money, then I held a sixpence to him and he took it; in the scussle the child's coat that I had on my arm was lying in the middle of the lane, he took that also; he went for London, and I on to Hounslow. I imagined he would drop by the way with the wounds he received, and reported what had happen'd. I returned in the evening, and call'd upon his comrade, where we had drank together at Kensington, he told me the prisoner would be upon guard next morning at ten o'clock, but I found my instructions were false. I went to Captain Salter's and left word what had happen'd, and that the soldier who had attack'd me was dangerously wounded. He took pains to over-hale his men to see who was wounded; it being blown abroad the prisoner was taken; the other witness can give a farther account.

Richard Nixon. I am Serjeant of the first regiment of guards; about the 27th of last month the prisoner at the bar declar'd he had been in pursuit of a deserter, and had been wounded in two parts of his body; the prosecutor coming and making complaint to the Adjutant of the regiment, and describing the parts of the body he had wounded the soldier in who had robb'd him; the Adjutant sent for me, and said such a man had been wounded, meaning the prisoner, and ordered me to put him in the Savoy. I met with him about ten o'clock at night, I think the 28th of last month. I told him he was charg'd with a highway robbery; he said, he had been wounded in a scuffle with a deserter. I put him into the Savoy, the next morning I took the prosecutor with me, he said the prisoner was the very man. This coat was brought by another soldier before the justice. The prosecutor swore to it as his property, which the prisoner took from him.

Q. to the prosecutor. Where did you wound the person you say robb'd you?

Jenkins. About the breast, I believe, in two or three places.

Nixon. He had a scratch with something like a pin near his right breast, I examined him no farther.

John Hopkins . The prosecutor is a lodger of mine, he told me when he return'd on Sunday night just the same he has now. I went along with him to find out the prisoner, and before the justice I saw two or three little cuts on the prisoner's breast, as large as a knife might be imagined to cut. The little coat is the prosecutor's property.

Prisoner's Defence.

I drank a pint of beer with that man; we walk'd very lovingly on together till he call'd me thief-taker, to go to take away a man's life for 20 s. as I was going to take a deserter; said I, it is doing the king's duty; he pull'd out his knife and stuck me, than he ran away as fast as he could, and I return'd back to London.

Nixon, and four other persons, gave the prisoner a good character.

Acquitted .

522. George Perry , was indicted for stealing one chimney glass, value 20 s. 27 India prints, value 19 s. the goods of Arthur Powers , August 2 .

Susannah Powers . My husband keeps a publick house at Blackwall . On the first of August, when the prince's cup was fail'd for, we went to bed about eleven o'clock; our dogs made a prodigous noise in the night; we have a gallery room that does not join to the house, it is a place built for gentlemen to fit in to have the pleasure of the water. About noon, on the second, I went into it and miss'd the things mentioned. The India prints were nail'd up with brass nails, every one was drawn out. I advertised them on the Saturday, with a guinea reward and no questions ask'd; on the Friday I had information, by a person that is oblig'd to attend business at this time, of the prisoner; we took him up, and before the justice he acknowledged the fact. His voluntary confession was read in court, wherein he acknowledged the taking them and how, sign'd by his own hand.

Joseph Boice . I saw the prisoner sign this confession, he was sober and did it voluntary.

Prisoner's Defence.

I was in liquor when I was before the justice, and I do not know what I said.

Susannah Powers . He was as sober as he is now, my lord.

Guilty .

[Transportation. See summary.]

523. Hugh Burrel , was indicted for stealing one cow, value 3 l. the property of Robert Wilson , March 8 .

Robert Wilson . About the 8th of March I had a cow stole from out of a field near my house, a butcher found her in the possession of one Lewit; I had him taken up, he said he bought her of the prisoner at the bar.

Q. Where does Lewit live?

Wilson. Near White-chappel-mount. This was about ten days after I lost her; Lewit brought the prisoner to me, and he own'd he had sold her to him for 50 s. and that he bought her the day before for 25 s. in Brick-lane, at twelve o'clock at night, two or three days after I lost her; and that the man that brought her to him, told him he had some other cows, but he had not a certificate for this cow.

Q. What do you value her at?

Wilson. I suppose she is worth about 3 l.

For the Prisoner.

Thomas Pool . I have known the prisoner this twelve month, he has a very good character.

Thomas Hammond . I have known the prisoner these four years, he has a good character for whatever I heard.

Guilty Death .

524. Eliz. Punnet , widow , was indicted for stealing one silver spoon, val. 8 s. the property of James Dolman , Sept. 3 .

James Dolman . I live at the Black Baer Inn in Pickadilly ; the prisoner came into my house last monday was a week, with pretence to sell pincushions and huffeys, &c. offering them to my maid in the kitchin. As she was going out, I saw a silver spoon of mine in her hand; I stopp'd her and took it from her. She said she did not know she had it.

Richard Kitchin . I am constable. I was sent for the third of this month to the prosecutor's house, to take the prisoner into custody. She said she did lay her box down on this spoon, and that she took it up with the box, and intended to deliver it to some of the servants.

Prisoner's Defence. I went in there with my box, to sell some things I carry about. I never saw the spoon.

Guilty .

[Branding. See summary.]

525. Sarah Fuller , spinster , was indicted for stealing one fustian frock, val. 15 s. one cloth waistcoat, val. 1 s. the goods of Robert Thomas , July 29 .

Robert Thomas . I live in Nottingham Court, King-street, Seven Dials . On the 29th of July I left my cloaths in my room, hanging upon the closet door, and went out in the morning, the door was upon the latch. My things were gone when I return'd about 9 o'clock. I advertised them, and found them again. The prisoner said she bought them for 16 shillings, a pot of beer, and a pint of gin.

Alexander Ma. Farley . I live in High-Holborn ; I keep a brandy-shop there. About 8 o'clock that morning, the prisoner came into my house with this frock and waistcoat in her lap. She told me she was along with a man all night, and he gave her no money, and she brought his cloths away ; after that she told me they were her husband's cloaths, and she would go and pawn them, for he had pawn'd all her's; she proffer'd to leave them with me for 2 s. and 6 d. I did not ask her whether she wanted to sell or pawn them for that money. I sent for a constable, and had her taken up. The cloaths were carried to the constable's house, and by him advertised on the wed nesday; and the prosecutor came and owned them.

Prisoner's Defence. I had been at work in the country; I came to town and received a guinea of a master of mine at Brumpton ; he is since dead. I met a woman, she ask'd me if I would buy these cloaths; I said I don't care to buy a pig in a poke; so desired to see them. She ask'd me a guinea for them. I gave her 16 s. and two pots of beer. Then a soldier laid hold of me, and said, you bitch, come and give me some gin. He took me to this man's shop; they took my cloaths. I went to fetch a constable to have some recompence; then they brought another constable, and took me to the round-house.

Guilty 10 d .

[Transportation. See summary.]

526. Sarah Badge , spinster , was indicted for stealing 3 yards of muslin, val. 10 s. one muslin handkerchief, one cambric mob, one cambric apron, one muslin apron, 3 yards and half of holland, one linen shift, one linen sheet, one pair of silk stockings, three yards of lawn, the goods of James King , in the dwelling house of the said James , Aug. 29 .

James King . I live in East Smithfield , and keep a cheesemonger's shop . I lost the things mentioned in the indictment out of several rooms in the house. The prisoner's brother serv'd his time with my wife's first husband, and she had been at my house about a fortnight or three weeks. I had an intention to have taken her into my service; The maid was out of the house when these things were missing. The prisoner would have persuaded me, she had taken them. I got a warrant for her, and took her before the justice, and she was cleared. I turn'd her away and search'd her bundle. When she was going away, there were things of mine, and a cap of the prisoner's amongst her things; so she was committed upon that; after that, the prisoner robb'd my till of one shilling and three farthings. I gave her leave to go amongst her friends; I followed her, and found there she bore a very bad character. I found some of my things and took her up. Then she confessed every thing and cleared the other girl; so she was discharged, and is at my house now. I have got the best part of the things again found by her direction; she said she pinned the three yards of strip'd muslin to her shift-tail.

Some of the things were produced in court, and the former testimony confirmed by Dan. Hall, the pawnbroker, Sarah King , Priscilla Rumsey , as to her pawning the goods, and also her confession.

The prisoner said she was fifteen years of age.

Guilty 39 s .

[Transportation. See summary.]

527. James Macleane , was indicted, for that he, on the king's high-way, on Josiah Higden did make an assault, putting him in corporal fear and danger of his life, one cloth coat, val. 20 s. one pair of cloth breeches, val. 10 s. one perriwig, val. 30 s. one pair of pumps, val. 4 s. five holland shirts, value 40 s. three linen stocks, val. 3 s. one pair of silk stockings, val. 6 s. one pair of worsted stockings, value 3 s. one pair of gloves, val. 6 d. one pair of silver spurs, val. 15 s. one pair of silver shoe buckles, val. 18 s. one pair of knee buckles, one half pound weight of tea and other things, and two guineas from his person, and against his will , June 26 .

Josiah Higden . On the 26th of June, I was passenger in the Salisbury flying coach, going thither. There were four gentlemen and one gentlewoman with me. Betwixt Turnham Green and Brentford, betwixt the five and six mile stone in the parish of Chiswick, between 1 and 2 o'clock in the morning, a man came up to the side of the coach and put his pistol in, demanding our money; at the same time calling to his companion who lagg'd behind to come up. Then came up another person. They were both arm'd and mask'd. The second acted but little; he rather sat on horseback as a guard. I gave about twelve or fourteen shillings to the man that came up first. They declared that should not do, and ordered us out of the coach into the high-way. They took six shillings out of another pocket of mine, and four penny worth of halfpence out of my breeches pocket, and threaten'd to blow my brains out for concealing it. He on horseback I believe threaten'd as much as the other. After this, the person who came up first, declared he would see what was in the boot of the coach, and accordingly jump'd up, and by the help of the coachman, took out two cloak bags; one of which was my property. They made the coachman help them up before them, and each rode off with one. He mentions the goods in this cloak bag as in the indictment. Some of these things were found again in the prisoner's lodgings. I found there a light perriwig, three pair of stockings, a pair of double channel pumps, a handkerchief, two cannisters without tea. They were found on the 27th of July, the day the prisoner was taken, in his trunk, and they are my property, taken out of my cloakbag. I found also at Mr. Loader's a cloth coat and breeches, and waistcoat, with the lace stripp'd off. The portmanteau was brought home three weeks after, said to be found in Kensington Gravel-pits. There were also two guineas in money.

I also heard the prisoner own the robbery before the justice; he said, he, and one William Plunket , did commit that robbery; and told me how they divided the cloaths; he wrote his confession down himself, but did not sign it.

Q. from the prisoner. When was the first time that witness ever saw me?

Higden. I have seen him pass by my door several times before this.

Q. Did he hear me make any confession?

Higden. Yes I did.

Q. Did not Mr. Hidgen declare before the justice he never saw me before?

Higden. No, My Lord, I did not.

Q. Did not Mr. Higden say, the man's voice that robb'd him did not agree with mine?

Higden. I said, I could not say it was the prisoner's voice.

Q. Did he never declare he would have my life, and hoped on that account to be made a great man?

Higden. No, I never declared any such thing. I said, I would go through with it in duty to my country.

William Loader . The prisoner came himself to me, and desir'd I would come and look at some things he had to dispose of; I think this was the 19th of July, he liv'd with one Mr. Dunn in St. James's-street; he shew'd me a light colour'd cloth coat and breeches, a waistcoat with the lace ripped off, I bought them of him with other things. Mr. Higden came to my shop some time after, and found the things lying on the counter and own'd them. I went and got a warrant for the prisoner in the name of Macleane, the name he left with me of his own hand writing, for a direction for me to come to see the cloaths; he was taken, I was with him before the justice and heard him confess taking these things from the coach, with the other things.

Mr. Higden. These things were advertised in the publick papers several times, and there is the perriwig maker that made the wig now in court.

Justice Lidiard. The prisoner and the things were brought before me, he denied the fact at first, he said it I would be of any service to him he would make a confession. I told him I could not admit him as an evidence, but if he had a mind to make a voluntary confession I would hear it, but I would not at all press him to it; I gave him an hour's time to do it; I went down stairs and up again, and then he told me he had committed this and several other robberies in company with one Plunket; I bid him recollect, as nearly as he could, all the robberies he had committed, and come again the next day; he brought it me the next day in writing, I did not ask him to sign it, he gave it me to read, and said the contents of that paper were true. I left the paper in his hands and never ask'd it of him. He confess'd the taking the two portmanteaus, and among the rest, the things that lay then before him. He confess'd this when I went to him at the Gate-house, and likewise when he was examined by me the first of August.

The prisoner desired the court would indulge him to read his defence, which was to this purport:

'' My Lord, I am persuaded from the candour and indulgence shewn me in the course of my trial, that your lordship will hear me with patience, and make allowance for the confusion I may shew before an awful assembly, upon so solemn an occasion.

Your lordship will not construe it vanity in me, at this time, to say, that I am the son of a divine of the kingdom of Ireland, well known for his zeal and affection to the present royal family, and happy government; who bestowed an education upon me becoming his character, of which I have in my hand a certificate from a noble lord, four members of parliament, and several justices of peace for the country where I was born, and received my education.

About the beginning of the late French war, my lord, I came to London, with a design to enter into the military service of my king and country; but unexpected disappointments obliged me to change my resolution; and having married the daughter of a reputable trademan, to her fortune I added what little I had of my own, and entered into trade in the grocery way, and continued therein till my wife died. I very quickly after her death found a decay in trade, arising from an unavoidable trust reposed in servants; and fearing the consequence, I candidly consulted some friends, and by their advice, sold off my stock, and in the first place honestly discharged my debts, and proposed to apply the residue of my fortune in the purchase of some military employment, agreeable to my first design.

During my application to trade, my lord, I unhappily became acquainted with one Plunket, an apothecary, who, by his account of himself, induced me to believe he had travelled abroad, and was possessed of cloaths and other things suitable thereto, and prevailed on me to employ him in attending on my family, and to lend him money to the amount of 100 l. and upwards.

When I left off trade, I pressed Plunket for payment, and after receiving, by degrees, several sums, he proposed, on my earnestly insisting that I must call in all debts owing to me, to pay me part in goods and part in money.

These very cloaths with which I am now charged, my lord, were cloaths he brought to me to make sale of, towards payment of my debt, and accordingly, my lord, I did sell them, very unfortunately, as it now appears; little thinking they were come by in the manner. Mr. Higden hath been pleased to express, whose word and honour are too well known to doubt the truth.

My lord, as the contracting this debt between Plunket and myself was a matter of a private nature, so was the payment of it; and therefore, it is impossible for me to have the testimony of any one single witness to these facts, which (as it is an unavoidable misfortune) I hope, and doubt not, my lord, that your lordship and the gentlemen of the jury will duly weigh.

My lord, I cannot avoid observing to your lordship, Is it probable, nay, is it possible, that if I had come by those cloaths by dishonest means, I should be so imprudent as to bring a man to my lodgings at noon-day to buy them, and give him my name and place of residence, and even write that name and residence myself in the Salesman's book? It seems to me, and I think must to every man, a madness that no one, with the least share of sense, could be capable of.

My lord, I have observed in the course of Mr. Higden's evidence, he hath declared, he could not be positive either to my face or person, the defect of which, I humbly presume, leaves a doubt of the certainty of my being one of the two persons.

My lord, it is very true, when I was first apprehended, the surprize confounded me, and gave me the most extraordinary shock; it caused a delirium and confusion in my brain, which rendered me incapable of being myself, or knowing what I said or did; I talked of robberies as another man would do in talking of stories; but, my lord, after my friends had visited me in the Gate-house, and had given me some new spirits, and when I came to be re examined before justice Lediard, and then asked, if I could make any discovery of the robbery, I then alledged that I had recovered my surprize, that what I had talked of before concerning robberies was false and wrong, and entirely owing to a confused head and brain.

This, my lord, being my unhappy fate; but unhappy as it is, as your lordship is my judge and presumptive council, I submit it, whether there is any other evidence against me than circumstantial.

First, the selling of the lace and cloaths, which I agree I did; for which I account.

Second, the verbal confession of a confused brain; for which I account.

All this evidence I humbly apprehend is but circumstantial evidence.

It might be said, my lord, that I ought to shew where I was at this time.

To which, my lord, I answer, that I never heard the time, nor the day of the month, that Mr. Higden was robbed; and, my lord, it is impossible for me, at this juncture, to recollect where I was, and much more to bring any testimony of it.

My lord, in cases where a prisoner lies under these impossibilities of proof, it is hard, nay, it is very hard, if presumption and intendment may not have some weight on the side of the prisoner. I humbly hope, and doubt not, but that doctrine will not escape your lordship's memory to the jury.

My lord, I have lived in credit, and have had dealings with manking, and therefore humbly beg leave, my lord, to call about a score to my character, or more, if your lordship pleases; and then, my lord, if in your lordship's opinion the evidence against me should be by law only circumstantial, and the character given of me by my witnesses should be so far satisfactory, as to have equal weight, I shall most willingly and readily submit to the jury's verdict.''

He call'd nine gentlemen of credit, who gave him a very good character.

Death .

528. Henry James Saunders , was indicted, for that he, together with Charles Campbel , on the king's highway, on John Curson did make an assault, putting him in corporal fear and danger of his life, one metal watch gilt, val. 5 l. the property of John Curson , did steal, take, and carry away , July, 22 .

John Curson . I was coming from Hampstead on Sunday the 22d of July, about 9 in the evening, in a landau; there were five of us in it, three gentlewomen, Mr. Sherard the attorney, and my self. We insisted that our coachman should keep with the other; yet, for what reason I know not, they divided; the one went to Gray's-Inn Lane, and the other to Hanover Square. I was in the latter; we were stopp'd near Fig Lane ; there came up two men, one on the opposite side to where I sat, the other on my side; they had each a pistol. They d - d their eyes, and said they would blow our brains out, if we di d not deliver our watches and money directly. One cry'd out to me, your watch, your watch, and put his hand into the coach. I gave it him; it was a metal one gilt, with an enamell'd dial plate, made by Delander. The prisoner at the bar was on that side I was on; it was light enough for me to discern him, being a clear night. Then he demanded my money. I told him I had spent that at Hampstead; so they took none from me. The other evidence I believe saw him there, but I will not swear that. When I went first to see the prisoner at the bar, he confess'd to me the whole. One of them was lying down on the side of a heap of gravel.

John Ecklin . The prisoner and I have committed several robberies together; at this time we lay in weight at the end of Fig Lane about half an hour; we heard the rattling of coaches; said the prisoner do you lie down on the stones. As the coach and landau came on, the landau turned round on the right hand near my legs. The prisoner said, Jack, which shall we follow? I said it is best to follow this, there being the fewest people. There was a great noise in the other coach. I went up and stopp'd the landau. Then Henry Saunders went on the other side; he took this gentleman's watch and brought it to me. I took a diamond ring and another plain one from off a gentlewoman's finger; and Campbel took the money out of a gentleman's pocket, about fourteen of fifteen shillings. I had a brace of pistols, the prisoner a brace, and Campbel one.

The prisoner had nothing to say for himself.

Guilty Death .

529. Adolphus James Horton , was indicted for stealing four ounces of hair, 2 combs, one awl, one pasteboard wig box , the goods of Henry Leather .

The prisoner was journeyman to the prosecutor, and had taken away the goods mentioned, and on trial own'd the whole of the evidence given against him.

Guilty 10 d .

530. James Spencer , was indicted for stealing one handkerchief, val. 10 d. the property of Simpson Levi .

July 17 .

The prisoner pick'd the prosecutor's pocket of the handkerchief coming through Ludgate ; he was detected in the fact; he flung down the handkerchief, and run a little way; but was taken and begg'd for mercy.

Guilty 10 d .

[Transportation. See summary.]

531. Mary wife of Richard Clement , was indicted for marrying George Hutton , her former husband being living .

The second marriage was laid to be on the 6th of March, in the 11th year of his present majesty. And there being an Act of Grace made in the 20th year of the same, she having the benefit of that, the court thought it to no purpose to enquire into the nature of the offence.

Acquitted .

532. George Nicholls , was indicted for stealing one silk handkerchief, val. 2 s. the property of George Wilson , from his person , Aug. 21 .

George Wilson . I was at the Change , after it was over, on the 21st of last month, I perceived a man's hand in my pocket; I missed my handkerchief, and the prisoner was standing close by me. I seiz'd him, and under his jacket I found my handkerchief.

William Wyat . I was just by Mr. Wilson, and saw the prisoner with his hand in his pocket, and also take the handkerchief out. Mr. Wilson seiz'd him directly.

Prisoner's Defence.

I was going into the city; there came by the train bands; I stopp'd to look at them. There was a ragged young fellow in a black wig near the prosecutor's pocket. I never touch'd the handkerchief in my days. It was found betwixt me and another gentleman.

Guilty 10 d .

[Transportation. See summary.]

533. John Griffith , was indicted, for that he, on the king's highway, on James Cockram , did make an assault, putting him in corporal fear and danger of his life, one linen handkerchief, val. 12 d. one scarlet cloth cloak, val. 1 l. 6 s. the property of Henry Cockram , from the person of the said James, did steal, take, and carry away , July 29 .

Nathaniel Jones . I was walking along on Sunday July 29. at night, between 10 and 11 o'clock in the New Market just below the houses on the pavement , I heard a sudden outcry of murder and stop thief. I perceived the prisoner with a handkerchief in his hand; it look'd like a bundle; I made to him; he ran round one of the shops with the handkerchief in his hand. I saw him drop it just before I seiz'd him. The boy who had been robb'd, James Cockram , took it up. There was another person took hold of him just as I did; he shook his head, and said, Ah! is it you? and left us. I don't know who it was. I kept him till the watch came to my assistance, and the lad went to his father. The bundle was delivered into the constable's hand by the boy's father.

James Cockram . I shall be fourteen years of age on the 28th of December next.

(He was asked if he knew the consequence of taking a false oath, and answered well to it.)

Q. Give the court an account of what happened to you on the 29th of July at night.

Cockram. I was going to my father who is a watchman at the corner of Fleet Lane, on this Sunday night for the key of the door, The prisoner came behind me, and laid hold of my bundle which I had under my arm; I did not let go but struggl'd with him. I saw his face some time. There was a lamp just behind the place where he knock'd me down, which he did with a stick; and the moon shined too.

Q. Was you sensible when you fell down?

Cockram. I was, my lord. He took the bundle and ran away; and I got up and run after him, and cried out murder and thieves. The other witness was coming by, and he clasp'd him round the middle, as he ran round one of the houses in the market place. Then he let the bundle fall as soon as he was taken. I took up the bundle and went to my father, who came and took him to the watch-house.

Q. Did you lie long on the ground?

Cockram. No, my lord, I lay but a little time. I had fight of the prisoner from the time I was knock'd down, till he was taken.

Jos. Cooper. I was constable of the night. This lad brought this bundle to the watch-house. His father is a watchman, his stand is at the corner of Fleet Lane, who came with his son and the other witness the 29th of July. There was a stick taken from out of the prisoner's hand; also the bundle produced in court, which Jones, the boy, and the boy's father deposed to; the first two to the robbery, and the other to it, as his property.

Prisoner's defence.

I was coming down the market, I fell over the stick and took it up. I heard the lad cry out, I ran to see what was the matter. He said somebody had knock'd him down. The young fellow said he believed it was me, and took me, and carried me to the watch-house.

Guilty Death .

534. John Linsey , was indicted for commiting a rape upon the body of Elizabeth Lacey , an infant of seven years of age .

The child was not capable of being admitted to give its evidence upon oath, and there being no no other evidence, the prisoner was acquitted .

535. Ben the Coleheaver, otherwise Benjamin Mason , was indicted, for that he, together with Eli Smith and Henry Web , on the king's highway, on Henry Smith did make an assault, putting him in corporal fear and danger of his life, one hat, val. 10 s. one steel tobacco box, val. 1 s. and 12 d. in money, number'd, from his person and against his will did steal, take, and carry away .

The prosecutor and Charles Jones who gave their evidence against Smith and Web last Sessions, could not be positive as to the prisoner Mason. See No. 430. in the last Sessions paper. John Omit the accomplice deposited the same as before.

Acquitted .

536, 537, 538. Thomas Blakeway , John Davies , and James Parkinson , were indicted with William Hopton , Edmund James , and John Griffiths , for that William Hopton on Henry Bradley did make an assault with a certain stick which he held in his right hand, on the said Henry's head, neck, breast, and back did, strike, and knock down to the ground, giving him divers mortal bruises, of which the said Henry did die, and that the prisoners were aiding, abetting, compassing, and assisting therein , December 10 . See No. 131. in Sir Samuel Pennant 's mayoralty. Mary Bradly deposed as before in the former trial.

Mary Lantley . I saw the deceased about two days before he died. He did not say any thing to me. His head was black.

William Baker , to the same purport as before.

John Greenwood the same as before.

John Anlicker . The night before the deceased died I was with him. I ask'd him how he did, I ask'd him if he could lay his death to any one of the men. He said to one and all. I shew'd the apothecary the corrupted blood which came from him when he made water; it looked like blood itself. The apothecary told me it came from the bruises he receiv'd from the men. And after he was dead, when I went to lift him into the coffin, the blood came into my hand from a hole between his shoulders. Before he died, he complained of pains all over his body.

Q. Was any body by when you shew'd the apothecary this bloody water?

Anlicker. Mrs. Bradley was, my Lord.

Greenwod. Upon my oath there was never such a word past. I view'd the body on the coroner's inquisition, and saw no such place as is mentioned upon his shoulder. I applied four blisters to him; two on his body, and one on each arm; and I saw no blood at all.

George Norris . I was foreman upon the coroner's jury, and I could see no particular bruises. I observed all the fore part of his body. I did not think by my inspection that any bruises were the occasion of his death. The body was putrify'd ; but that was by lying too long.

John Jinks . I came to Mrs. Bradley the next morning after the coroner's jury had sat. I ask'd her how they brought it in. Said she, accidental Death. Said she, there were three of the men I believe were not concern'd.

All three acquitted .

539. William Watson , was indicted, for that he, on the king's highway, on John Loveless did make an assault, putting him in corporal fear and danger of his life, one silver watch, value 40 s. from his person and against his will did steal, take and carry away , Sept. 7 .

John Loveless . Last Friday night between 11 and 12 o'clock, I was coming from Ratliff Cross; I had been there at a boat-builder's; a little dog follow'd me into the street; I turn'd myself round to drive him in again; I heard a voice say your money this moment, or else you are a dead man. I was not got above three or four steps from the door; I turn'd round and star'd the man in the face; and thought somebody joak'd with me, being pretty well known in the neighbourhood. I saw his face plain, but had I not taken him that night, it may be I might not have known him again. I started back when I saw a hanger in his hand; he gave an offer at me. He came up to me again, and put his hand to my pocket, and took out my watch, and said, if I stirr'd he would murder me; then he put his hand into my breeches pocket, and took out a paper which was only a direction to a gentleman in Red Lion Square. Then he walk'd off quietly, and I walk'd after him; upon recovering my spirits, I cry'd out stop thief. There was a public house open'd ; they heard the cry ; there was a man I knew, one John Tanner . I desired him to run after him, saying there he is, and pointed to him. Tanner ran, and two men push'd out at the ale-house, the duke of Cumberland's head. Where is he? said one of them. Said I, that is the man. Said they, let him run to the d - l, we'll have him. Turning down at a corner, one of them struck up his heels. I came up and took him by the collar, and said this is the man. He never had been out of my view then. One of them wrench'd the cutlass out of his hand; it was drawn. I desir'd Mr. Tanner to take particular charge of him; he was the person I knew. We search'd the prisoner, and he had not the watch about him. We found the sheath of the hanger under his coat.

John Tanner . On Friday night last, between eleven and twelve o'clock, I was at my mother's house; I heard stop thief call'd out; I open'd the door and saw the prosecutor, he said, he was just now robb'd; I ran and he ran, I saw the prisoner before me about twenty or thirty yards, and running by the Duke's head there came out two men; I said to one of them, I am tired, do you run; they ran and got him down, (I lost fight of the prisoner once, then I was a little behind Mr. Loveless ) I came up in about half a minute, the hanger was then took out of the prisoner's hand, and about six or seven persons about him, one Thomas Fitzer had hold of him.

David Service . I keep the Duke's head; Thomas Fitzer was along with me; we heard a voice cry stop thief, this was about half an hour after eleven o'clock; he and I ran and pursued the prisoner, and came up with him in about three minutes; Thomas Fitzer was first, the prisoner made a stroak at him with his cutlass, and Fitzer knock'd him down with his fist, and I took the hanger out of his hand. Mr. Loveless came up in a minute, and said, that is the man that robb'd me of my watch, so he was taken to the watch-house.

Loveless. The watch was found in the street, with the glass broken, and brought to the watch-house by some person, I know not who.

Prisoner's Defence.

I was coming from Blackwall; I met that gentleman going along, as I had pass'd him, he said stop thief; I ran to the top of the lane and fell down, so one person said, you are the man I believe. The prosecutor said before the justice, he could not swear to me; and when the justice said I must be the man, then he did swear to me.

Loveless. After I had given the same account I have here, I saw his ancient father, who was very much troubled, then I was willing the prisoner should go about his business; and I did say, is it not possible one man should be like another in the dark? a body may be mistaken ; but I was as certain to the prisoner as I am now.

There were nine witnesses spoke well, as to his character in what they had observed of him, since he returned from the East-Indies with Admiral Boscawen 's fleet.

Guilty . Death .

540. Francis Crocket , was indicted, for that he on the king's highway, on Thomas Fletcher did make an assault, putting him in corporal fear and danger of his life; one hat, value 2 s. one perriwig, value 6 d. the goods of the said Thomas, from his person did steal, take and carry away , July 29 .

Thomas Fletcher . I am an officer of excise; I was coming back from my first course; I went out about twelve o'clock at night, and going down Virginia-street , between one and two, I saw the prisoner and two other men standing all of a row; just as I passed them the prisoner came to me, and took me round my neck and throw'd me down, with this expression, d - n you, we have been waiting for you; I cry'd out thieves, murder; the others cry'd, why don't you do for him? he immediately run his hand into my mouth, in order to prevent my calling out. I bit him by the thumb, then he gave me a job on the temples, here is the scar of it now, and the blood ran; I know not what he did it with. As soon as ever I was down he took my hat and wig, I flew at him as I lay on the ground and tore off a piece of his coat. I saw him only by the light of the lanthorn, I cannot swear to his face; they did not ask for my money; the neighbours got to their windows, the other two fled, and the prisoner went off before the watchman came to my assistance. I got up and found my wig and my lanthorn; I lighted my candle and found a sack. I saw him again in about three minutes time, Luke Wood had taken him (this is the coat he had on when he was taken, and here is the piece I tore off in the struggle, which I shew'd to the justice, and it fitted the place where it was torn from; it was double breasted, the piece was of the button-hole side about nine inches long).

Luke Wood . I am a watchman, the prosecutor cry'd out, watch, murder, &c. between one and two o'clock; I ran and found the prisoner without his hat, he was walking (this jacket was taken off his back, which that piece the prosecutor tore off answers to; it was taken from his back by justice Manwaring's order.

Charles Austine . I am constable; the prosecutor gave me charge of the prisoner , saying, he had been robb'd, but did not say this was the man. I saw the coat and piece fitted together, and do believe it was fresh torn off from each other; I have taken care of the sack ever since.

Prisoner's Defence.

I came from Blackwall ; there were men a fighting about emptying a vault, and a great noise, I went along by them, there was murder cry'd out among them; I met this watchman, he said, d - n you, I'll stop the first I see. I said, don't stop me, I readily went with him by ourselves to the Ship-tavern, which is best part of half a mile; then I went to the watch-house, there they brought a sack ; I charged the officer to take Fletcher into custody, but he let him go and kept me; in the morning they put me in the cage; there was a report of some houses being broke open, and I stood trembling in the cage, so somebody put that old jacket through to cover me with.

Acquitted .

541. James Penprise , was indicted for stealing 200 hempen sacks , the property of George Amyand , to which he pleaded guilty .

He was a second time indicted for stealing divers pieces of cotton and other things , the goods of George Best , to which he also pleaded guilty . The court pass'd sentence to be branded . He was branded accordingly.

542. Hannah Glascow , spinster , was indicted for stealing three linen aprons, value 6 s. one quilted petticoat, value 4 s. three muslin handkerchiefs, and other things , the goods of John Hildred .

Guilty 10 d .

[Transportation. See summary.]

543. Francis Keys , was indicted, for that he, on the king's highway, on Catharine Selby did make an assault, putting her in corporal fear and danger of her life, one silk purse, value one penny, and two guineas in money, the property of the said Catharine, did steal, take and carry away , August 30 .

Catharine Selby . On the 30th of August, about six o'clock, as my mamma, I and my sister Elizabeth were coming to London in a coach, we were stopped between Brompton and the Blue Bell by a single highway-man; he presented a pistol to us, and we gave him our money; I gave him my purse, I cannot tell the quantity of money in it; I can swear to two guineas, there were above that; my sister gave him some money likewise, then he rode off. I was very much surprised, I cannot say who the man was.

Elizabeth Selby . I am sister to the other lady; I was in the coach at this time, we were stop'd between Brumpton and the Blue-Bell; the man presented a pistol, and ask'd us for our money; I gave him my purse, and I saw my sister give him her's, after that he rode away. I think the prisoner is like that man, but I will not swear to him.

Henry Green. I was coachman to Mrs. Selby ; I was coming through Brumpton about six o'clock, or rather before, it was before sun set, on the 30th of August, I saw the prisoner on horse back; when I came within ten yards, pointing his pistol to me, he was sitting still, betwixt me and London; he stood till I came up to him, as I mov'd on, he said, if I did not stop he would blow my brains out; I stop'd immediately, he went up to the coach and demanded the ladies money and their watches. I saw the ladies give their purses out of the coach, then he ask'd them for their watches; I heard Miss Selby say, upon her honour she had left her watch at home. He pull'd a mask over his face a little way, but not till after he had demanded the ladies money. After this he rode off, but not fast, towards Brumpton; I am very certain the prisoner is the man. Last Saturday, about 11 or 12 o'clock, I was standing at my own door in Bow-street, Covent-Garden; the prisoner came by between two men on foot; I knew him, I follow'd him up the street considering what was best to be done; after I had followed him some way I laid hold of his arm, and said, sir. if you please I would speak with you; then I said, sir, you are the man that robb'd a coach between Brumpton and the Bell, and you must go along with me to the justice. I spoke to a man that stood at an apothecary's shop door to assist me; the prisoner told me he would go very quietly with me, and desired I would make no noise. We went imediately to justice Fielding's by ourselves, I told the justice's clark that was the man that had robb'd the coach, &c. He told me I must fetch the ladies to swear to what they had been robb'd of; I fetched the footman, he was behind the coach, who as soon as he enter'd the room, said he would swear that was the man. There were no arms found upon him, he was then committed.

Peter Thomas . I am Esquire Selby's servant; I was behind the coach, the 30th of August, when my ladies were robb'd. He confirmed the testimony of the coachman, with this addition, that the prisoner said, your humble servant gentlemen and ladies, when he rode off towards Brampton, after he had committed the robbery.

Nathaniel Harris . I went with the prisoner to Newgate, to assist Mortimore and Campbel, the two constables; the prisoner said his name was Keys, and that he lodged at one Esquire Westaby's, in North-Street, Red-Lion-Square ; I took a key out of his pocket, he said it belonged to his chest which was where he lodged. We all three of us went to the Esquire's house, there we found the house-keeper we ask'd her if Mr. Keys lodged there, she said she did ; we ask'd if there was not a trunk of his in the house, she said yes; then we told her he was committed to Newgate for a robbery, and we had got the key to search his trunk. She sent for the Esquire's kinsman, who was the prisoner's bedfellow; when he came they went and shew'd us the chest, we found in it a loaded pistol, a blacksilk mask, and two green purses; I carried them to the ladies and they did not own them. The pistol was produced in court.

Prisoner's Defence.

The pistol is not offensive but defensive at the Esquire's house where I lodged, there has been attempts made to rob it, so I took the pistol into my custody, the young gentleman and I being bed-fellows, for fear of a surprize in the night; the mask I unfortunately found going home one night, I kick'd against it, I took it up, and when I got home I throw'd it into my chest.

Deard Shefield and Benjamin Taylor , two master perriwig makers, with whom the prisoner had work'd journeywork, gave him a good character, for the time he work'd with them

Guilty .

Death .

544, 545. Thomas Bromley , and William Dodd , were indicted for stealing 300 pound weight of sugar, value six pound , the goods of persons unknown.

Edmund Camper . The prisoners are lighter-men ; I have bought a great many quantities of sugar of them, in about these two years and better, I believe I have bought some tons of them, two or three hundred weight at a time. About two years and a half ago I bought a quantity of them, about three hundred weight, they came to my house with it.

Q. Where do you live?

Camper. I keep a publick-house upon Wapping Wall, Shadwell.

Q. What sort of sugar was this you speak of, about three hundred weight?

Camper. It was coarse sugar.

Q. What did you give them for it per pound?

Camper. I used to give them twopence farthing or twopence halfpenny per pound, what I gave for that I cannot tell now.

Q. What might that sugar be worth?

Camper. At that time the same sort of sugar was worth five pence per pound.

Q. Did you know that at the same time you bought it?

Camper. Yes, I did; I knew they did not come honestly by it.

Q. How did you know that?

Camper. They told me they stole it, for people that deal that way make them all alike that trade with them; they used to come at unusual times of the night.

Cross examined.

Q. How came you to give this information?

Camper. To clear myself.

Q. How, to clear yourself?

Camper. There was a great deal of noise about the water side, was the reason I gave information; and, please your lordship, one of the prisoners is the only man in England to open and shut up a hogshead.

Both acquitted .

546, 547, 548. Edward Newby , Thomas Harrison , and Joseph Bradley , were indicted for stealing 144 yards of sheeting, 8 pieces of crape, and other things, to the value of 108 l. the goods of George Best .

Thomas Bradley . I keep a stationer's shop in Thames-Street. On the 21st of March last there were two bales of goods, belonging to Mr. Best, sent from my house by John Coxford to be put into a boat, and for his house at Greenwich. I had given Mr. Best leave to put his goods in my shop till they could be sent to Greenwich for him. The waterman carried these two bales from my house to the boat, which lay at Summer's key, between seven and eight o'clock in the evening; he not coming again, for he was to have fetched Mrs. Best who was to have gone with him, I went to see what was the matter, I found him in the boat with a candle in his hand, he told me he had put the goods into the boat, and they had been taken away.

John Coxford . I am a waterman; I was appointed by Mr. Bradley to carry two bales of goods to Greenwich to Mr. Best, the 21st of March ; I put them into the boat myself, about seven or eight o'clock in the evening, the boat lay at Summers's key stairs, Billings-gate; I first carried one bale then the other, and covered them with the tilt, then I went and sat on the stairs, I was within sight of the boat, had it been light. I waited there till the gentlewoman came down at high water, at nine o'clock going into the boat I missed the goods.

On his cross examination he said one bale was mark'd G. B. the other George Best , Greenwich ; that it is customary to leave at such times a boat-keeper when we are out; that he then left his boy in the boat for that purpose, and what brought him out he could not say; that there was no light only one lamp, and that he does not know that he ever saw Penprise.

- Hall. There were two bales of goods brought and put in the boat, and covered over with the tilt; I did not stay in the boat above six or seven minutes; somebody call'd out and said there were some more goods brought, I went on shore, there were none; I did not stay on shore above a quarter of an hour; when I went on board I found the goods were gone.

Q. What weight might they be of?

Hall. One of them might weigh about a hundred and a half.

Penprise is called, the council for the prisoners object to it. The record of the court is produced, where it is said Penprise was called upon to plead, he pleaded guilty. He was found so by the jury to be branded in the hand, and was branded accordingly.

James Penprise . On the 21st of last March, on a Wednesday night between nine and ten o'clock, Joseph Watson and I were rowing up with a wherry, in order to row into Billings-gate and get some beer; we saw there two bales of goods, one was linen, the other canvass and crapes; they were covered in a wherry with a tilt; we consulted together in order to take them out; accordingly we lifted them out into our boat, and row'd away down the river to Mr. Roof's; he lives in Shadwell, facing Cole-stairs, he is a sugar-baker; we got there a little after ten o'clock, I carried the bale of linen to his house, and Watson carried the canvass, stuffs, and crapes to my house, which was about a hundred yards distance. I saw Roof in the yard, so I flung them down at the back door, and said, take hold, I don't know what it is. Then I went to follow Watson, before he got to my house I overtook him. I step'd before him and open'd the cellar window, which I had joyning to my house, we put it down there, then he and I came back to Roof's and opened that bale; there was a bill of parcel of what it cost; Watson had some printed linen chints patterns. Roof was with us then. I cannot say how many pieces of printed linen there were; there were four or five. We ask'd Roof if he could sell them, he said, be believed he could, but said, they must lye some time, saying they would be advertised. We took them out of the wrapper, and put them by, and put the wrapper under his copper and burnt it. Then we went away to my house and opened the other bale, there was George Best at length upon one wrapper, I know not which; we found in the other bale six pieces of camblet, four pieces of stuffs striped, and eight pieces of Norwich crapes, we took them out of that wrapper and put them into two sacks, and brought the crape into my house, and left the other things in a sack in the cellar; then Watson went home, I had a suspicion my house might be searched, so the next morning I went down to Mr. Roof's, and desired him to take them. Said he, I will come and fetch them; he came the next morning, I gave him the eight pieces of crape in a sack; about a week after my house and Watson's were searched for these goods; they could not find any thing in either; I saw the officers coming, so I got away. At night I came home, and went down to Roof's, Watson went with me, we told him what had happen'd; he said, he had heard it; so we desired he would take to his house the other part of the goods, he agreed to it, and said, he would send them away; Watson and I carried them to his house that night, at about 11 or 12 o'clock. Now they were all at his house, when we found he could not sell them, we ask'd him to let us have them again, saying, we could sell them. Said he, you may have them again. Said we, we must pay you something. What? said he. We shall not fall out, said we. One morning after this I happened to be at Mr. Newby's house, at King James's stairs, Shadwell, he is a publican, there was Watson and I, Newby and Mr. Harrison, the last lives in Ratclif-high-way, he is a broker. Harrison said, what have you done with your goods? he knew of it, for two or three days after we had taken them he shew'd me the advertisement in the paper concerning them, and said, it was a good booty (this was about a month after) Roof told us he had carried the goods to a place of safety, but would not tell Watson or I where. Harrison lean'd over the table and said, he could sell them all in a day or two.

Q. Are you sure he said we?

Penprise. I am sure he did. We said then, what will you have for selling them? He said ten guineas. We said we will give it; but you must mind and not sell them under price for the take of your ten guineas. He said he would sell them as dear as he could. We said you must mind what you do, for you know they are advertised, and the gentleman is very busy in looking after them. Never fear, said Harrison, we know who to sell them to. I don't know whether both did not say so; but Harrison took most upon him to talk. Mr. Roof would not tell us where they were; but I found afterwards, that they were in Old-street; after we agreed, we parted, and we went to Roof's the next day, in order to get the goods again, and Mr. Roof went with us, and also a porter with a basket. There were Mr. Roof, and I, Watson, and the porter. When we came into Old-street, Roof put us into an alehouse, and said, he'd come to us presently. We sat down and drank for about half an hour, and Roof came to us again, and said the man that has got the goods will have six guineas for warehouse room. We said it was rather too much, two or three were pretty well, and desir'd he'd return and get it as cheap as he could. He went out and came in again, and said they would bate half a guinea and no more. We bid Roof pay it, and we would pay him again. He said he would. Presently I went out at the door, and saw a basket standing three or four doors off on the right hand. I thought this was our basket. I stepp'd out and look'd into the shop and found it to be a grocer's shop. I saw our porter standing in the shop all alone. I went back and told Watson, that I had seen the porter and basket at such a place. I lighted a pipe of tobacco and came to the door; then the basket was taken in. After that the porter came out with the basket on his back, and Roof close after him with a bag. Then I went in and told Watson that the goods were coming. We paid our reckoning and followed them. Roof carried the bag about two hundred yards; then I took it. We went to Harrison's house; we got there between 12 and 1 o'clock in the day; we sent the porter about his business. Harrison sent away for Newby; he came, and said he had company in his house, so could not stay; we had opened them before he came; he just looked upon them and went away. There was a mark upon the end of the printed linen, which Harrison got a pair of scissars, and cut off. We left them there for him to sell. There was a whole piece of cotton Roof would have for his own use; and he said he would pay us for it. About a day or two after, they said one Maculley wanted to buy some of it. Watson and I went down to his house, and took no notice we belong'd to the goods, to observe that they did not cheat us. There went a boy from Mr. Maculley's to Mr. Harrison's by his order, to fetch some of the linen that they might see it. He is a sea-faring man; his wife sells linen, ribbons, &c. There were three pieces of printed linen brought down; they began to look at them, and said they were very pretty things. Harrison asked three shillings a yard, saying he had them to sell for a poor man who was in goal. The woman said she would have them, if her husband lik'd it; so she chose out two pieces; her husband was to give his note for them. Harrison said he would accept it. Said the woman, how many yards is there of them? Said Harrison, there is five or six and thirty yards of a piece. Said she, how much money do they come to? as they were casting it up, said the woman, had we not better measure them? Harrison said with all my heart; but there is the same quantity I'll assure you. Said the woman, I chuse to have them measured. Then Newby and Harrison measured them. There were but about twenty-five yards of a piece. Then they said, what villains are those that have got the man's goods when they had them in their custody, when the poor man was in goal. Then the woman agreed to give them the money, which was seven pounds ten shillings, at three shillings per yard. There was a note given from Mr. Maculley to Mr. Harrison, and Newby was a witness to it.

Q. What money did you get for these goods?

Penprise. When Harrison first sold some of them, which was a day or two after he had them; he gave Watson and me twelve guineas in part; he said he had sold about fourteen pounds worth. But we never got any more for all the goods than that twelve guineas. We used to go to them to settle with them; but they would always put us off. Harrison would say Newby had got the money; and Newby would say Harrison had the money. So they serv'd us; we never could get them together, or get any other answer from them.

On his cross examination, he said he was taken up about some logwood, and sent to Mr. Harrison to be bail for him; that he came once to see him when he was in New Prison, but never came again, and would not bail him ; that Watson is run away; that he saw the goods in the boat as he was going over the boat to step on shore.

Roof. I am a sugar-baker, I live at Colestairs, Shadwel. The 21st of last March Penprise knocked at my back door, I said who is there ? Said he a friend. I opened the door, in he threw a bale of goods; he bid me take care of them. I shut the door again, and went out at the fore door; then I saw Watson and Penprise. They desired I would open it, that they might see what was in it. There were four pieces of linen for sheeting, two pieces of printed cotton, four pieces of printed linen, what they call chints; there were two letters G B on the cover. I took that and threw it under my copper and burnt it; the next day I saw Watson. He told me I might send the goods any where, where I thought they would be safe. Then Bradley came to my house to buy some sugar; I shew'd him these goods; he said he would have the goods, and take care of them. I told him I was afraid my house would be rummag'd.

Q. Did you tell him how you came by them?

Roof. I told him I believ'd they were stolen.

Q. Where does Bradley live?

Roof. He lives at Hoxton, and keeps a chandler's shop. He said he would carry them to a place in Old-street where Kirkley liv'd. So he took some, and some a porter carried. When I had got rid of the things from my house, I went to Penprise, and he said there were some other goods which he would be glad to have me take. Then he gave into my custody eight pieces of black crape in a corn sack. Them I carried to my house, which Bradley fetch'd the day after to Old-street. As I was getting up about five or six days after, I saw some goods lying in my yard, I opened the door, in comes Penprise, and said there are some of the goods, and desired I would send them along with the other things. I never look'd into the bag, so don't know what they were; I put the bag into a basket, and laid five or six loaves of sugar upon them, and sent them after the others in about half an hour's time by my porter Robert Neale .

*** At this sessions above one hundred prisoners were tried, some of which trials being long and very remarkable, we thought it would be more agreeable to our readers (who we shall at all times be desirous of obliging) to have as full an account as possible, so shall print the whole in two fourpenny books.

N. B. The second part will be published on Tuesday next the 2d of October.

*** Sir John Colebatch's most excellent volatile anti-apoplectic Elixir, so much fam'd for certainly curing convulsive Fits, and all nervous Disorders, and Complaints in Men Women and Childrens, Being the genuine Receipt of that late eminent Physician, who found it by long and skilful Experience, to be the only sure Specific for the Apoplexy, Epilepsy, Lethargy, Hysteric, and all other Disorders, seizing the Head, and Nerves; such as Swimmings in the Head, violent Head-Achs, Sleepiness, Faintings, Falling-Sickness, Lowness, and Sinking of the Spirits, Palpitation and Trembling of the Heart, Weakness of the Nerves, Hysteric Fits, Hysteric Cholics, Convulsions in the Bowels, &c. we so daily hear of Persons being suddenly seiz'd with, and expire for want of a true Specific, to give a due Circulation to the Blood and nervous Fluid.

This excellent Specific Elixir, not only cures the aforesaid Disorders, but by being taken in Time, keeps them from coming, prevents Returns, and has cured many, that have tried all other Things, and the Advice of most eminent Physicians without Success.

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N. B. At all the above Places, many likewise be had, the celebrated Dr. Radcliffe's Lozenges for the Piles, Price 1 s. the Dose, three or four of which, at most, perfect a Cure; and at any Time as a Purge prove a gentle, opening and cooling Medicine, for which they are excellent, and proper for all Families and Persons going abroad to keep by them. Good Allowance to those that take a Quantity. No Letters answer'd unless Post paid.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On Wednesday the 12th, Thursday the 13th, Friday the 14th, Saturday the 15th, Monday the 17th, Tuesday the 18th, and Wednesday the 19th of September.

In the 24th Year of His MAJESTY's Reign.

PART II. of NUMBER VII. for the Year 1749.

BEING THE Third SESSIONS in the MAYORALTY of the

Right Honble John Blachford , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

Q. WHERE did you send them?

Roof. I gave directions to him, that he was to carry them to Kirkley's house, and put them where Bradley put the other things. Watson came to me one day, and ask'd me to go and see if they were all sold. I called by myself at Kirkley's about five or six days after. Kirkley told me the porter had brought some goods which he had put up stairs with the other goods. About six weeks after, Watson ask'd me if I would go along with him to the place where the goods were. I said if he would come the next day I would. Penprise and he came accordingly. I employ'd Robert Neal the porter to go again. I bid him go to Kirkley's and we would meet him there. So we three set out; when we came almost to the house, I said there is the shop, and desired them to go into an ale-house. They went in. Then Kirkley told me he would send to Bradley, and they should have the goods when he came. He came before they had the goods; Bradley said when he came, the goods should not go till he had six guineas for the time of being there; upon that I stepp'd out to Penprise and Watson, and told them what he said. They said they would give him five guineas, and they desired me to lay down the money, and they would give me a note. Upon that I went to Bradley again, and told him what they were willing to give; he insisted upon five guineas and a half; so I paid five guineas down, and said he should have half a guinea more if the men agreed to it. Then Bradley took the key and went up two pair of stairs; he opened the chest and took out the goods, and put some of them into the porter's basket, and some into a bag; so I walk'd along with the porter to Penprise and Watson ; I ordered the porter to go ( according to the order agreed upon by them) to Harrison's in Ratcliff Highway. We all went thither, but I did not go into the house then.

Q. Did you ever see the advertisement?

Roof. No, I never did. Bradley told me about eight days after the goods were carried to his house they were advertised, and also he said, he knew the man who printed them.

On his cross examination, he said Neal had been his porter about two years; that Neal did not know that they were Penprise's and Watson's goods; or that they were stolen ; that he could not tell how Bradley came to have a key to a room in Kirkley's house; and that there was no bargain made between Bradley and himself about the price for warehouse room.

Robert Neal . I am the porter. I carried some goods by Mr. Roof's order to Old-Street. It is a good while ago, I cannot recollect the time, I believe it was about last spring; I believe in March ; I was to carry them to Hoxton Square to Mr. Bradley's. I carried them there. Mr. Bradley ask'd me what it was. I said I could not tell. There was something in the bottom of the basket, I could not tell what. There was sugar on the top.

Q. Did you carry any thing for Mr. Roof to Old-street to Mr. Kirkley's ?

Neal. Yes, I have carried some lump sugar ; once I fetch'd some goods from Mr. Kirkley's. Mr. Roof said, Watson and Penprise wanted to speak with me. I went to them. They ask'd me to take a basket and go with them there. Roof said make your bargain as well as you can, I have nothing to do with that. I took my basket and went to Kirkley's by myself. I left my basket there, and went and drank a pint of beer; and after that I went and had the basket lifted upon me. (I saw Penprise, Watson, and Mr. Roof at another alehouse near Kirkley's ) My basket was pretty heavy; I carried it to Harrison's a broker in Ratcliff Highway. Penprise and Watson went there too. Penprise carried something in a handkerchief.

George Best . I am the owner of these goods. There were in one bale, four pieces of Irish sheeting, one hundred and fifty yards; two pieces of printed cotton chints patterns, twenty eight yards each; four pieces of printed linen chints patterns, thirty five yards each. On this was my name in full length. They were bought of Mr. Craythorn in Cheapside, March 20. I always have my goods sent to Mr. Bradley's a stationer in Thames-street, who gives me house room; and as my man comes up from Greenwich where I live, he calls there to know what goods I have left there.

The other came from Norwich, I never saw it; but I have here in my hand the letter of advice of it before it came from Benjamin Barrow of Norwich.

There were eight pieces of crape, four pieces of strip'd stuff, four pieces of canvas, No. 1. four Pieces of Camblet, No. 2. to be sent to Mr. Bradley stationer.

One bill is 56 l. 4 s. the other bill makes the amount of the whole 108 l. 7 s.

About 8 o'clock in the morning, March 21. Mrs. Best came home, and said she had met with a misfortune, having lost all these goods. Some time after this, there came a man to me, and said, he believed he could give me some account of my goods. I took out a search warrant and search'd Penprise's and Watson's houses; but it seems at Penprise's, I search'd the wrong cellar. Some time after this, a man came to me from Mr. Scott, the dry salter, to give me an account of my goods; saying he would carry me to a person, who had the goods brought to his house, which was this Roof. I went to Ratcliff-Cross to the Ship Tavern. We sent for Roof, but he could not be found. The next day I met with him there. He told me of his having the goods brought to his house; and went before Justice Bury, and swore to it. He told me the identical pieces of goods, so much as the number of yards. Then I had a warrant to search Harrison's house. I took Neal the porter who carried the goods there. Harrison happened to be at home. I fix'd two of my people at the door to see nothing was carried out. I went in with a constable and my servant. I desired the constable not to part from the warrant, yet notwithstanding, he gave it into Mr. Harrison's hand, which was using me very ill. In the very first drawer I opened, in a back room, up one pair of stairs, I found several pieces of printed cotton from one of my pieces. They were produced in Court. It is a new pattern just come out. I bought these goods myself. Then I said to Harrison, I have now the porter below, that can prove the delivery of the goods into your house. Said he, it is true, the goods were brought here, but they were here but one night; he then turn'd pale, and shook and trembled. He was carried before Justice Bury, and committed to New Prison. About six or seven days after this, on the 30th of July, a man came to me, and said, he believed he had seen some of my goods, which was the very person who gave me information at first, that was at Mrs. Maculley's. I went to Justice Bury for a warrant, then went down to this woman's house, and told her my business; sure, said she, they were not stolen. Said I, you bought them of Mr. Harrison. Said she, I did. Said I, they are my property. She said she would give me the bill, which her husband made a memorandum of. Said she, I have sold them to a person that is gone abroad. I think she said to Virginia: Said I, I have got a search warrant. Said she, don't affright me. The maid went up stairs and fetch'd me down a gown which she had made of one of the pieces; then Mrs. Maculley said she bought them of Newby and Harrison; that she had not money enough to pay for them, and her husband had given a note of hand for them, for 7 l. 19 s. They cost me 4 s. 2 d. per yard. I had these goods advertised in the Daily Advertiser, 20 l. reward, then for 40 l. But I heard nothing of them, till I found them as I have now mentioned. Here I heard of Bradley's being concerned. Then Kirkley and Bradley absconded. Here the prisoner Harrison acknowledg'd his guilt, and gave it up.

Witness continues. Some time after this a man came to me, and told me he was sorry for Bradley, and pleaded innocency on his part. Then Bradley came down to Greenwich, to my house, some time in August, my coachman was five days in persuading him to come down; he began to tell me how innocent he was. Said I, your friend has told me you saw the advertisement, and after that you went to Roof and did not approve of taking the money proposed in the advertisement. I said, if you had been an honest man, you would have made a discovery. He said, he could not tell what induced him not to do it.

Upon Mrs. Maculley being call'd, rather than have her evidence opened in court, Bradley and Newby pleaded guilty.

All three Guilty .

[Transportation. See summary.]

549. Nehemiah Willoughby , was indicted for stealing one pair of linen sheets, three diaper napkins, one silk handkerchief, one linen ditto, one pair of leather breeches, and other things, and 15 s. in money number'd , the property of John Foxhall , August 4 .

Guilty 10 d .

550. Hannah Lee , spinster , was indicted for stealing one linen apron, one petticoat, seven caps, a hood, two handkerchiefs, two pockets, two scains of silk, nine yards of silk ribbon, four yards of sattin ribbon , the goods of James Deal , August 5 .

Acquitted .

551. Thomas Smith , was indicted for stealing one syder-cask, value 3 s. the property of John Southard , August 25 .

Acquitted .

552. Thomas Bunn , was indicted for stealing one linen shift, value 2 s. the property of Thomas Roakcliffe , one flannel petticoat, value 1 s. the property of John Roakcliffe , August 30 .

Acquitted .

553. John Dewick , was indicted for stealing one black gelding, value 3 l. 3 s. the property of John Evans , August 15 .

John Evans . I live at Luisham in Kent. The horse I lost I saw in a field belonging to me the 14th of August at night, and on the next morning he was gone. I had him again the Saturday following; he was brought to Goldsmith's-hall, for me to see if it was mine.

Jonathan Waters . I bought this horse of the prisoner in Kingsland-road, I did not pay for him. I was to have given a guinea and a half for him, but I would not pay for him untill he was vouch'd to me. The prisoner came and owned him.

John Warrington . I was in Smithfield the day the prisoner was apprehended; the prisoner and Waters were together at a publick house there, the King's head, where I was ask'd to go in. I was told there was a very odd affair. By their discourse together I apprehended this horse was stolen. I told Mr. Waters, I thought it would be best for him to secure the man, and advertise the horse, then he might have an opportunity to bring a rogue to justice, and shew himself an honest man. After that a pretended, or real, servant of Mr. Waters's came in and whisper'd to him, and upon that they all three went out of the room together. Then I said, I believed they were all rogues, and I was afraid they were going to let the man run away. I said to my neighbour, Thomas Mogeridge , if he would assist me, I would detect him, and charge a constable with him. We went out of that room and found them all three together in another. I ask'd them, what they were going to do with the prisoner? saying, they must not let him go. Waters and his servant said, we have no business with him, and we will not detain him; that gave us more suspicion. We then were determined to detain him; accordingly I took hold of the prisoner, and said, I would charge a constable with him: Waters and his servant both interposed, and said we should not detain him, and laid hold of him to take him away; the servant threaten'd to knock me down, and swore desperately; I had much difficulty in saving myself from being push'd into the cellar. We at last got them all back into the room they were first in, then we sent for a constable and charg'd him with all three; the se rvant made an offer to go towards the door. I said to the constable, that fellow is going to run away, I desire you would take care of him; upon that the constable and I went after him, he was then got out at the door, and stood upon his defence, and said, the first man that came near him, he would beat his brains out. He ran away, and we after him, we cry'd out, stop thief, he was taken and brought back again. We insisted upon their going to the Counter that night; the constable took seven guineas of Waters for his appearing, the prisoner and the servant were carried to the Counter; and after they all apeared before my lord mayor, at Goldsmith's-hall; the prosecutor was there and swore to the gelding.

Prosecutor. The prisoner said, he bought the horse upon the road late at night, but he knew not where the man lived, or who he was.

Prisoner's Defence.

Please to take it into consideration; is it likely I should steal a horse within four miles of my own house, (I live in Shoreditch) and come to sell him in Smithfield? I bought him of a man I am acquainted with, but I don't know where he lives. I gave three guineas for him: I had put myself out of money: I had set him up in Kingsland road, he had almost eat his head off, so I was forced to sell him for what I could get, little did I think the horse was stolen.

Guilty Death .

554. Owen Grant was indicted for that he, on the king's highway, on Jane, the wife of Christopher Panengton , did make an assault, putting her in corporal fear, and danger of her life, two pence in money numbered from her person did steal, take and carry away , July 25 .

Acquitted .

555. George Carlow , was indicted for that he, with several other persons, did steal 4 sides of bacon, value 4 l. 10 s. the property of Elizabeth Stevens , October the 27th, 1741 . His Majesty's Act of Grace was made since this fact was committed, the benefit of which he pleaded, without entering into the merits of the cause, and was acquitted .

556. William Tyler , was indicted for stealing one black gelding, value 5 l. the property of Stephen Martin , July 27 .

Stephen Martin . I live at Enfield, in Middlesex. I lost this gelding the 24th of July, I missed him the 25th, and saw him about three weeks after on Saffron-hill, by John Burry 's. I went before the justice and swore to him, and discharged the debt for his keeping. He is worth about six pound.

John Burry . The prisoner at the bar sent a man to me, on the 27th of July, to know if I would buy two horses. I said, I was going to the Princess's-Head in Rupert-street, if he would lead them there, I would talk with him. I had seen the prosecutor's horse the day before, the prisoner ask'd two guineas for him. I mistrusted he was stolen, as he was worth a great deal more. He brought the two geldings. I ask'd the price. He said, eight pound for the two. I said, friend, I believe you stole these horses, one of them is worth almost that money, and I must stop you and your boy too ( his son is about thirteen years of age) the boy fell a crying, and desired I would not send him to jail. I ask'd the prisoner where he got the horses, he would not tell me. He said, if I would let the child go, he would tell me. So I did, then he would not say any thing about it. I carried him to Bridewell, and took the horses in my possession. I took him to justice Fielding's, there he said, when he came to his trial he would tell how he came by them. I advertised the horses, and gave papers out to the news carriers. About a fortnight or three weeks after the prosecutor came to me; he told me the market of his gelding before he saw him. Then the prosecutor and I took the prisoner before the justice. The clark ask'd him how he came by this horse. He said, he stole him. The justice desired I would keep the horse till sessions I desired the prosecutor might have him away, so the horse was delivered.

Prisoner's Defence.

I had these horses of two men at Brumley fair in Kent, on St. James's day.

Guilty Death .

557, 558, 559, 560. Edward Jackson , Richard Lambert , William Isles , and Henry Morris , were indicted for that they, together with William Scragle , in a certain field, or open place, near the king's highway, on Ann White , widow , did make an assault, putting her in corporal fear, and danger of her life, two baskets, value 1 s. 29 dimitty caps, 14 stomachers, 4 pair of ticken pockets, 13 pair of scissars, 4 pair of silver buttons set with stones, and other things, the goods of the said Ann did steal, take and carry away .

All four acquitted .

561. Ralph Sherlock , was indicted for that he, together with two other persons not yet taken, 3 pieces of foreign wood, call'd Lignum vitae, 200 pound weight, value 20 s. the goods of Augustus, and John Boyd , Esquires , did steal, take and carry away .

August 5 .

John Burtheck . I am servant to Mess. Augustus and John Boyd , Esquires. There was some Lignum Vitae wood put on board a lighter, out of a ship, in order to be sold. About a month ago the captain, who is now abroad, came to me, and said, he had lost some of it. Some time after that he came to me, and told me, he had taken up some people upon suspicion, one was named Sherlock. The captain bought it for us in the West-Indies, he is our factor. The wood lay in St. Saviour's Dock , in several lighters, there were above forty ton weight of it.

William Cripps . On the 5th of August I saw the prisoner with some lignum vitae in his custody, about 12 o'clock at night, at Cherry-garden-stairs, at the house of Sarah Stratt . There were William Swinney , Mackpay, and he together; Swinney had charge of the lighter, and was pretty much in liquor. Mackpay said to Sherlock, he is too drunk to do what we came about, let us go by ourselves. They said, they would come back in an hour or two. They went out, and was gone about two hours. They brought two pieces of lignum vitae wood, one piece they put into the house, but the piece Mackpay had, fell out of his hands into the water. I saw them take it up at low water. They said, there were more upon the road, and went out again with Swinney with them ; they brought another piece. Sherlock said it was a brave piece, it would fetch three halfpence a pound. About four o'clock in the morning they took a wherry, and put their three pieces into the boat, the three pieces might weigh about 200 weight, I saw them row it over the water. Sherlock was taken up, the other two made off. I was along with Sherlock before the justice on the 7th of August Sherlock told the justice, that Mackpay handed the wood out of the lighter, as it lay at St. Saviour's dock.

Benjamin Mayo . I live with my brother, he is a merchant and deals in all sorts of wood; he lives at Wapping-dock. The prisoner offered me three pieces of lignum vitae wood the 5th or 6th of August, a little before 6 o'clock, he and another man brought them; I believe they might weigh two hundred and a quarter; they ask'd five shillings a hundred for it, and I believe it was worth about twelve shillings a hundred. We thought he did not come honestly by it. Sherlock said it was fire wood, and they had four pieces more. I stood pretty near the door, and we wanted to secure them, but when they saw our design, they ran away; we stopped the wood.

Q. Where is Cherry-garden-stairs?

Cripps. It is a pretty way off from over against Wapping dock, they must have come down the river above a quarter of a mile.

Prisoner's Defence.

I met an old ship-mate on the road, he desired me to carry that wood for him, I did accordingly. I threw it down at the water side. Then he said, Sherlock, I hope you will be so good as to come over the water with us. I said, I would with all my heart, not thinking but he belonged to it.

Guilty .

[Transportation. See summary.]

562. William Carmichael , was indicted for that he, on the 7th of June , about the hour of eleven o'clock at night, the dwelling-house of James Potter did break and enter, one moidore, five guineas, seven half guineas, and four pounds, in money number'd, the money of the said James, did steal, take and carry away .

Acquitted .

563. Henry Macardel , was indicted for stealing one hundred, a quarter and twenty-three pound, weight of Russia ash , the goods of persons unknown, July 4 .

Guilty .

[Transportation. See summary.]

564. Henry Jones , was indicted for stealing one silk handkerchief, value 10 d. the property William Robertson , August 14 .

The prisoner took the handkerchief out of the prosecutor's pocket in Fleet-street, near Fetter-lane end . Thomas Watson , an evidence, saw it done. He took hold of the prisoner and secured him.

Guilty .

[Transportation. See summary.]

565. Joseph Gold , was indicted for stealing one pair of boots, value 10 s. seven pair of mens shoes, two pair of womens shoes , the goods of Francis Dean , July 9 .

Acquitted .

566. Ann Guest , was indicted for stealing one 36 s. piece, and five guineas and a half , the goods of Richard Tozer .

Acquitted .

567. William Thompson , and Joseph Weeks , were indicted for stealing a gelding, of a sorrel colour, value 3 l. the property of John Riley , August 22 .

The prosecutor had occasion to dismount, to do a chare for himself, he left his horse at a gate and went into a field. When he returned, his hat, which he had left hanging upon the gate, was gone. He fear'd there might be some persons near at hand, that would make an attempt upon him, turn'd his horse up, knowing he would go home; and he walk'd a nearer way cross the field (this was August the 22d. about nine o'clock at night). He never saw his horse again till September the 10th. Robert Hebdon , a witness, said the prisoners found the horse upon the road, without a rider, so rode him to town.

Both acquitted .

569. Ann Cusick , was indicted for receiving two linen sheets, one diaper table-cloth, one flaxen sheet, one holland sheet, one dowlass shirt, and other things, the goods of Richard Smith , stolen by Thomas Kempton , and Emanuel Nichols , who were both found guilty, July 16, 1749 . See No. 547 and 548, in Sir William Calvert 's Mayoralty

Acquitted .

570. Anthony Whittle , was indicted, for that he, with two other persons, on the 25th of Nov. 1749 . about the hour of four in the morning, the dwelling house of James Hawkins did break, thirty dozen of worsted hose, val. 20 l. and twenty yards of bayes, val. 20 s. the goods of James Hawkins , did steal, take, and carry away .

James Hawkins . I keep a stocking shop in Smithfield; I went to bed about 10 or 11 o'clock at night, the twenty fourth of November, 1749. I am sure all things were fast belonging to the shop. I was call'd up about 4 in the morning. My shop was robb'd; the groove was broke or cut away, that the shutter slid in below; and the iron bolt that went through the shutter, and key'd in, was taken out, and a staple wrench'd, and thirty dozen of worsted stockings, and twenty yards of bayes taken out. The prisoner sent me a letter from the New Goal, Surry, dated Aug. 20. sign'd with his name. I receiv'd it the day after. He, in that letter, desired I would come to him, and he would give me an account of this robbery. I went the next morning. He after hearing I kept a stocking shop in Smithfield, ask'd me if I had receiv'd his letter. I told him I had. Then he said, he was one of the persons concern'd in breaking open my shop, and said there were three more men concerned with him in it; John Eckling , Edward Thorp , and Anthony Bourne . He told me, they took out fifty dozen of worsted and yarn hose. I told him that was more than I lost. He said they took out three or four rolls of flannel, that is what I call bayes; and that they sold the goods to one Peg. Cavenhau for fourteen guineas, and that there are twelve shillings of it owing at this time.

Q. How many pair of stockings do you think you lost?

Hawkins. I lost about forty dozen pair, and four rolls of bayes. The prisoner said he had some of that to make him a waistcoat; and that they kept some of the stockings for their own wear. The evidence that was an accomplice I believe has got one pair of them.

John Ecklin . The prisoner and I, Edward Thorp , and Anthony Bourne , came out of Drury Lane that night. We set out after 11 o'clock from the Fox, with an intent to break open a silversmith's shop in Barbican; but that was too strong for us. In our return in Long Lane, (the prisoner lived in Chick Lane) he said here is a stocking shop, I believe we can break it open. We went to it. The moment Anthony Bourne saw it, he said he believed it would do. Then it was past 12 o'clock. Anthony Bourne took out a crow that we had for that purpose, and put it into the place where the shutter slides, and we wrench'd a piece of it off; then we press'd up the shutter and got the bottom part out. Then we consulted who should go in. I said I did not care, I would. The three others all held up the bottom of the shutter, and pulled it out so far that I could creep in underneath it; the bolt held it so that we could not take it down. After I was in, I went to the door; the key was in, but I could not unlock it. I handed out six bundles of stockings done up in papers; then I thought I heard the foot of a man I said d - n it let me out, for here is a man in the shop. I heard two dogs when I was out. We got into the sheep-pens ; and when the dogs had done barking, and no body call'd watch or thieves, which we expected they would, had any body heard us, to have put us to flight; we concluded to go again, thinking all safe. We staid till the watchmen were gone; for there came three of them within a little of that shop. Then we carried the things to the prisoner's lodgings, and the watch being settled we went again. I was dubious of going in again ; and the prisoner, being somewhat smaller and in a sailor's jacket, he enter'd the shop as I had done before, we all holding the shutter for him. When he was in, he tried to open the door but could not unlock it. Then he pull'd the key out of the bolt that was to the window; and we took down the shutter next to the door. Then I held the bag which we brought from the prisoner's lodgings, and the prisoner handed more stockings to me; and Anthony Bourne and Thorpe stood watch for us. At a little distance we had two rolls of flannel this time. When the bag was full he came out. We put the shutter up again in its place, and took the bag and the two rolls under our arms, and carried them, and put them where we did the others. Then we staid till the watch came two. When they were settled again, we all went back, and filled the bag again, and took two more rolls of flannel, and we carried them to the same place. Then we concluded to come once more, by that time the watch was gone three. After we had got as many things as we could, we ran away and put them up to the other. We put the shutter up betwixt each time; but whether it was up the last time I cannot say. The people coming from Long Lane, hinder'd us from quite filling the bag the last time. I am not positive whether there were forty three, or forty five parcels of stockings. There were upwards of thirty dozen. We divided for our own wear two pair each. We did not measure the flannel. I sold the goods myself to Samuel Cordosa . See an evidence in No. 200. in March sessions, also the person cast this sessions. I put them into a bag and took them in a coach and sold them all to him, except two dozen. They came to fourteen pounds odd money. The prisoner had three pounds ten shillings, besides what was spent in a dinner. Cordosa paid me all the money except ten shillings, that I paid to them out of my own pocket. A; for Peg Cavenhau , I don't know her, or where she lives.

Q. from the prisoner. Where did you take coach?

Eckling. At the stand in Smithfield.

Q. Did any body lend you a hand up with them into the coach?

Ecklin. Yes, you did. Meaning the prisoner.

Q. Is not some of the money owing now?

Ecklin. No, He has since paid me.

John Ebans and James Pain both deposed to the prisoner's confession as before mentioned by the prosecutor, who went on the 26th of August together to talk with the prisoner in the New Goal. This James Pain is the person who was tried for this very fact last December Sessions, See No 82. upon the evidence of Samuel Spray, a very bad boy, who pretended he was an accomplice in it; that he fed the bitch with bits of bread in the shop In the mean time, Pain broke the shutter open, and took out the things according to a previous agrement between them. But Pain having an exceeding good character, and also Proof he was elsewhere at that time, he was acquitted with honour.

Prisoner's Defence.

I have nothing to say to it, I made my declaration before Justice Hammond. Some of this is right, and some of it is not.

Guilty Death .

571. Mary Meal , widow , was indicted for stealing a tea-kettle, a cloth coat, a stuff gown, and two napkins , the goods of Ann Rainbow , widow , August 27 .

Guilty .

[Transportation. See summary.]

572. Susannah Franklin , spinster , was indicted for stealing two holland sheets, one ounce of tea, one shagreen case, one lancet, one pair of scissars and other things , the goods of Mildred Kidwell .

Acquitted .

573. Peter Bateman , was indicted for stealing one leather collar with straps, one pair of leather traces, one leather backband and tuggs, two leather cruppers, one great coat, one brass watercock, the goods of James Chapman in the stable of the said James , Aug. 22 .

James Chapman . I live in Tower-street. My stable is on Tower-Hill . On the 28th of last month I lost these things mentioned out of my stable.

Edward Jordan . I look after the chaise, and the things were all in the stable, on the 27th at night, and every thing made fast.

William Barton . I live in Blackmore-street, in Southwark. The prisoner brought the harness into my house about 5 o'clock in the morning of the 28th, and wanted to sell them. I mistrusted they were stolen. I went out at my back door, and call'd one Williams to aid and assist me. The prisoner damn'd his eyes and limbs, and said, he wou'd do for us. I sent for the coachmaker who lives near me to hear his opinion about it. He happen'd to be the man that made them for Mr. Chapman; so he sent him word, and he came and owned them.

George Read . I live at the Swan and Crown in Blackmore-street. The prisoner had a little before been at my house with a great coat on his back, and hardly any shoes to his feet ; he ask'd if any body would buy the coat, saying, he was going to Portsmouth, and he could better travel without a coat, than without shoes; that he would buy a pair of shoes with the money. He ask'd 15 s. then he came to 12 s. After questioning him, I agreed with him for 7 s. 6 s. About an hour and a half after, I saw him carried by to go before the justice. Then I took the coat on my arm and followed after. There was the prosecutor, who owned it.

Prisoner's Defence.

I am a hard working man. I can bring several people to prove, that I work all hours of the day, and all hours of the night.

Guilty 4 s. 10 d .

[Transportation. See summary.]

574. Thomas Shehan , was indicted for stealing one silk purse, val. 6 d. twenty two guineas, four thirty six shilling pieces, one three pound twelve shilling piece , the goods of Brice Macdaniel , June 25 .

Brice Mackdaniel . I am a seafaring man . I went abroad to the East Indies in the year 1744, and came home again the 14th or 15th of June last. I live in lower Shadwell. My wife had taken the prisoner into her house, as he was in great distress, a poor ragged boy, and said he had not lain under a roo for above three months together before. So when I came home, I gave him my seafaring cloaths and cotton shirts, and I paid all the debts my wife had contracted in my absence. She said to me one day of a neighbour, here is a man, who has been a friend to me in your absence. Said I, if he has given you water, give him wine. I sent my wife home for half a guinea out of my chest. She went and brought it me; and when we went home, my chest was broke open, my money in the indictment gone, and the prisoner took. I heard of him in about three weeks after. He had spent all my money but 4 l. 7 s. which he return'd me before Esq Clark, and gave me the purse it was in when he took it. It was produc'd in court, and deposed to by the prosecutor.

Jane Macdaniel. I am to the prosecutor. When my husband sent me home for the half guinea, the prisoner was in the house, I could not unlock the chest, I desired he would unlock it, which he did; he went down stairs again, before I had opened the chest. I took out a half guinea, and left the other gold, mentioned before, in the purse, and locked the chest again. Then I went to my husband, and when we came home again, the chest was broke open, and the prisoner and money all gone. He was taken up in the Borough, and owned the fact, and said, there were honester men than himself hang'd; but if he was to be hang'd, it was fit he should have all the money.

Guilty Death .

575. William Riley , was indicted for the murder of Samuel Sutton , Sept 8 . He also stood charged on the coroner's inquisition for the said murder.

Thomas Wood . On Saturday the 8th of this instant I went to Tothill-Fields , to see the man who was walking for a wager about 6 o'clock in the evening, The prisoner at the bar walked about ten yards before him, making way with a naked hanger in his hand. I was within three or four yards of the deceased. I saw the prisoner when he was coming. About ten yards before he came to the deceased, he went past him three or four yards; then he turn'd again, and cut the deceas'd over the head with the hanger. I was just opposite to him at this time. The deceased had nothing in his hand, nor did I see him do any thing to the prisoner before he struck him. The deceas'd after that ran towards him to close in upon him. Then the prisoner push'd him into the belly, on the left side the navel, with the hanger. I did not hear a word pass on either side. A person lifted up his cloaths, I saw the wound in his belly about an inch long. The prisoner seem'd not sensible of it, till the people said, surely he is wounded in the belly. The deceased then lifted up his hands and said, I shall lose my life by that villain.

Edward Williamson . I was just by the deceased. It was within about fifty yards of the place of turning round. I saw the prisoner come flourishing his sword about ten yards before he came to us. The walking man might be about two or three yards behind him. The prisoner gave the deceas'd a push in the breast; I might have had it as well as he. We both stood alike to see the man walk. The deceas'd could not get back for the number of people that were behind him. The people push'd him forward again. The prisoner might have been got about two or three steps; he turn'd round and cut him as hard as he could strike with the hanger on his head. I did not observe any words on either side. The deceas'd had nothing in his hand. I saw him, after he was cut, make an offer with his fist at the prisoner. Then the crowd push'd in, that I could not see him for a little time. After that, I saw him holding his hand to his belly, and the blood running down his face. I heard he was wounded in his belly, but I saw no other wound but that on his head.

David Finley . I was within two yards of the deceas'd at this time, on the same side of the way he was on. There was a lane made five, six, or ten deep for the man to walk in. I saw the prisoner pass by the deceas'd, and turn back and strike him with the hanger on his head. The blood follow'd the blow directly. The deceas'd did not do any thing to the prisoner to occasion this. Then the deceas'd got up and collar'd the prisoner. The prisoner got loose by some means, and as soon as he was so, he gave the deceas'd a thrust on the left side of the belly near the navel. The people were so close to the deceas'd, that he could not get backwards. The prisoner immediately pushed on before the walking man. I did not perceive the deceas'd stand any farther out than the other people. When the deceased's shirt was put up, I saw a single gut hang out of the wound, but I saw no blood there.

John Humber . The deceas'd stood close by my arm at this time. The lane made by the people was pretty broad There was room enough for three or four men to walk a breast. There was the prisoner walked on one side, another on the other side, and a Black siddling in the middle, going to clear the way before the walking man. The deceas'd stoop'd down to see if the man was coming. He stood as back as he could. When the prisoner had passed him about two or three yards, he turn'd about, and gave him a very hard blow over the head with the hanger. The prisoner did swagger and made many words as he walk'd, I had observed before this. The deceas'd had nothing in his hand. He flew at the prisoner after he felt the violence of the blow. As soon as he had hold of the prisoner, the prisoner got from him, and gave him a thrust in the belly. The deceas'd cry 'd, O Lord, that villain has murdered me. Then he fell into a man's arms that held him up. The deceas'd never spoke a word to the prisoner before he was wounded on the head. I went to secure the prisoner.

William Smith deposed as the former witness.

John Pile . I am surgeon to the Westminster Infirmary. The deceas'd was brought there on Saturday was sen'night in the evening. I found he had a wound on the left side the belly, near the navel, where the intestine came out; he languish'd till Monday morning, and then died. It was about an inch long. The gut was not cut, but there was a large quantity of it out; and all that was out mortified. That was the occasion of his death. There was a wound on his head, but that was not dangerous.

The prisoner call'd Alexander Russel , Richard Mills , John Faulkner and Mary Rowland , to prove the deceas'd used him ill before he struck him; that he set his leg out, and the prisoner fell over it; that the deceas'd knock'd him down, and the like. The witnesses for the crown being cross examined as to this, they all confirmed what they had said before. without any alteration. Then John Robins and Richard White were call'd, who confirmed the testimony given against the prisoner.

Guilty Death .

576. Ann Austam , was indicted for stealing one linen napkin, one breakfasting cloth, three shirts, seven pewter plates, three pewter dishes , the goods of Thomas Griffiths , Aug. 27 .

Guilty 10 d .

[Whipping. See summary.]

577, 578. Robert Davie and Richard Parker , were indicted, for that they, together with Henry Faulkner , and Joseph Watson , not yet taken, did steal nine elephants teeth, four hundred and fifty pounds weight, val. 40 l. the goods of Christian Hillier , and also the goods of Samuel Touchit .

Samuel Touchit . I am a merchant , I had lately consign'd to me, a parcel of elephant's teeth, which we call Guamboe teeth, by Christian Hillier . The ship arriv'd in the river, and moored some time in December last. I have not heard of any of that sort arrived here these twelve months, consign'd to any other person. There were an hundred and ninety three teeth put on board a lighter in order to be landed. It lay at Summer's Key; and on the second of January, I had notice there was a deficiency; that there wanted nine of the number; and when we came to weigh them, there wanted four hundred and fifty pounds weight, according to our invoice. I have never seen them since.

David Day . I am wharfinger on this Key. These goods came from the ship called the Warren, Captain Woodward . This lighter was brought to our wharf by the night tide ; and in the morning according to the lighter bill there were nine teeth wanting. All our goods come to us by lighter bills.

James Penprise . I have known the prisoner Parker, I believe, ten or twelve years, and Davie about two. Davie came over night, I cannot tell the day of the month. I believe it was in January, to me, Parker, Joseph Watson , and Faulkner, and told us be had got a lighter going up that tide with some elephants teeth in her, and if we would attend with a boat we might have some of them out in the night; they were coming to Mr. Day's Wharf at Billingsgate. Accordingly we four got a boat and went to Summer's Key. Then Davie was on shore at Billingsgate in Darkhouse Lane near the wharf We gave him the usual notice with the call of Yolow. Then we all went and looked from the Key, and saw a watchman sitting in the lighter. Upon this we walk'd about an hour or two, and after that we got into our boat, and came along side the lighter. The man was awake and we could not meddle with any. Then we lay in our boat an hour or two longer; and between five and six in the morning we agreed that Davie should go on shore for a draught of purl, and call the watchman to drink Davie did so. Then we went to work, and got nine of them.

Q. Was it light or dark?

Penprise. It was a cloudy morning. But the watchman call'd out, what boat is that along side the lighter? We cry'd, damn him, what was that to him, and went away. We neither of us went out of our boat, we could reach them from the lighter as we stood. We row'd away to Hanoverhole, and landed them there at Roof's house. We left them and went to Roof's other house, in Shadwell, and told him we had landed such goods. Davie was not with us then. Roof told us, he would go over in the day, and look at them. We ask'd him 2 s. 6 d. a pound. He said, he could not give it. He agreed with us for 1 s. 6 d. Davie was not present at this agreement, there were only Watson and I; we went afterwards to see them weigh'd, there was about 400 pounds weight, the money came to 29 l. Faulkner and I received 20 l. We shar'd this amongst us, five persons. We went and drank either at my house or at the Fox in Fox lane, Shadwell. We had all an equal share. Parker and Davie went and received the rest of the money the next day. Roof told us, he had paid it them; Davie had got it, and did design to keep it all. We laid him down and hussled him, and took it away from him.

Q. from Parker. How much of the nine pounds did you give me ?

Penprise. I don't believe you had any. You had share of the other, for when we hussled the money out of his pocket, some got some, and some none ; but Parker was not there.

Q. Why did not you put Parker into the first information?

Penprise. He is in the information. I never made but one, and that was before justice Hammond.

Q. Why did you put him into the information?

Penprise. Because he has been guilty with me in several robberies besides this.

Parker. The reason, my lord, why he put me into the information, was, because I would not be concerned with him in shooting Roof.

John Roof . I live at Cole-stairs, Shadwell. I have a friend lives cross the water, at Hanover-stairs, and takes in goods there for me. Joseph Watson , Henry Falkner , Penprise, and Parker, came to me about the third or fourth of January, about eight o'clock in the morning, and ask'd me if I would buy some Elephants teeth. I told them I would, if I could see them. They told me, if I would go over the water to my correspondent's at Hanover-stairs, I might see them. I said I would go, which I did. After that Robert Davie came and ask'd me, if the four persons had been there. I told him they had, but we had not agreed about the teeth. Upon which he ask'd me what I would give. I said, not above 1 s. 6 d. a pound. By and by comes Penprise and Faulkner, they had been over and weigh'd them, and brought me a note of the weight, which was near 400 pound weight, there wanted I believe about seven or eight pounds of it. I ask'd what they would have for them. They all agreed I should have them at my price, then I paid them twenty guineas. I told them, I had no more money in the house, but in a day or two, I would pay them the remainder. They left word, if Davie should come, or any single person, I was not to pay any money, except there came two persons. I said, I should do as they ordered me. About a day after, Davie came and told me, he was come for the rest of the money. I told him, I had an order from the other men, not to pay the money, except there came two together. He said he wanted money, upon which I gave him two guineas in part He said, if I would go with him to the Fox, in Fox Lane, Parker was there, then I might pay the whole. I went with him, there Parker agreed I should pay him the money, so I paid him six guineas more. I paid in all 29 l. 8 s. the value of the goods at 1 s. 6 d. per pound. Then I went to Henry Crawford , he said he would sell them for me.

Q. Did Parker take any of the money?

Roof. He was standing by Davie when I paid the money, but I don't know who took it up.

Q. What sort of teeth were these ?

Roof. They call them Gamboe teeth. They are an inferiour sort.

Davie's Defence.

I have often carried Roof by water. He put the question to me one day, that if I would look after Faulkner and Watson, he would give me five pounds; and said, if I would not it should be the worse for me.

Both Guilty .

[Transportation. See summary.] [No punishment. See summary.]

579. William Rickets , was indicted for stealing 29 yards of shalloon, 40 yards of barragon, 40 yards of drugget, the goods of Samuel Roode and Benjamin Smith , in the dwelling-house of the said Benjamin , July 27 .

The prisoner was servant to the prosecutors, he had convey'd the goods away, and desired leave of James Shaw , at the Cross Keys in Watling street, to leave them there, till he had an opportunity to take them to the place, he pretended, he was to carry them. Mr. Shaw let Mr. Smith know of the goods, who came and swore to them, as his and his partner's property.

Guilty of felony only .

[Transportation. See summary.]

580. Thomas Pandargrast , and Anthony Whittle , were indicted for that they, together with Charles Campbel , and James Field , not yet taken, on the king's highway, on David Woodman did make an assault, putting him in corporal fear and danger of his life, one pair of spectacles, one steel tobacco-box, and three shillings in money number'd, from his person did steal, take and carry away , May the 24t h.

The prosecutor and his wife were stop'd and rob'd by four men in Little Moor-Fields, about eleven at night, May the 24th. They could not swear to any particular persons. John Ecklin , an accomplice; depos'd, that the persons mentioned in the indictment, and himself, did the fact.

The jury did not think it proper to take his bare word, without any other corroborating circumstance.

Whittle pleaded guilty .

Death .

Pandargrast was acquitted .

581. John Row , was indicted for stealing one wooden cask, value one shilling, and five gallons of rum , the property of Noah Barnet , August 9 .

Guilty .

[Transportation. See summary.]

582, 583, 584. George Taylor , George Loyd , and Moses otherwise Boses Wright , were indicted for that they, on the 27th of May about the hour of three in the morning, the house of Brian Bird did break and enter, 6 shifts, 5 shirts, 2 pair of pillow cases, 2 frocks, a petticoat, 3 pair of stockings, 3 damask napkins, 5 aprons, 1 table cloth, in the dwelling house of the said Brian, did steal, take and carry away .

Brian Bird . I am a baker , and live in Coldbath fields . My house was broken open the 27th of May. I went to bed betwixt ten and eleven over night, all things were fast then. We heard nothing of it till my servant got up, betwixt six and seven in the morning. Then we found a hole made, by taking out about six bricks, close to the frme of the door, and my drawers strip'd of most of my linen. The servant maid can give a better account of the particulars. The other evidence, Elizabeth Cross , came to me and mentioned all the things I lost.

Elizabeth Cross . My husband used to go out with these young men. On the 26th of May, my husband happened to be a little fuddled. We lived in Bell-yard, Chick lane. He would not go out with them. Between three and four the next morning they knock'd at the door, and my husband let them in; then George Taylor said, you dog, you would not go with us. I saw him take the linen out of a pillow bear, this apron was left in my drawers. Holding a baker's white apron in her hand, which the prosecutor deposed to. My husband said, let me be never so wicked myself, you shall not come into any trouble; and bid me go and pawn it, which I did, for six pence. On the Monday morning they carried the goods, which were shirts and shifts, and a child's frock all iron'd up well, to Duke's place and sold them.

Q. Did they say where they got this linen?

E. Cross. They said they had been into Coldbath-fields, and had broke open a baker's shop, they all three said so. I gave this information to a man who fetched the apron out of pawn by my directions. I was willing to clear myself, as my husband is transported, so I desired that person to tell the prosecutor

Sarah Denham I am servant to Mr. Bird. I miss'd this linen the 27th of May in the morning. I went to bed on the Saturday night about twelve o'clock, and got up between six and seven in the morning. I found the chairs displaced, which stood against the wall, and a hole broke in the wall close by the door in the kitchen; the drawers were open, and I found three or four shirts gone; five shifts, two frocks, and one white apron, which we had been ironing on the Friday night, were also gone.

Taylor's defence. I know nothing of it.

Loyd's defence. I am very innocent of the thing I am brought here for.

Wright's defence. I don't know that woman that swears against me.

All guilty .

Death .

585, 586. Richard Fowler , and George Harrington , were indicted for stealing 112 pound weight of lead, value twelve shillings , the property of persons unknown

Both acquitted .

587, 588. Patience Leavers and Mary Cole , spinsters , were indicted for stealing one gold ring, four moidores, one 3 l. 12 s. piece, 31 guineas, one half guinea, and 15 s. in money number'd, the property of Ann Peavy , in the dwelling-house of the said Ann , July 26 .

Ann. Peavy. I live in Chemist's-Ally, in St. Martin's-Lane . I went out on July the 26th, and left Patience Leavers in care of my house, the other prisoner was with her, they both lodged in my house. I staid about two hours. When I came back Leavers lay asleep by the side of my buroe, which stood in my kitchen. She told me, her sleeping there had done me a great deal of good, for my buroe was open. I went to look and found it so, and all my money, and a gold ring gone; there was a little cupboard in the buroe broke open, in it the money and ring before mentioned were put, the money amounted to 32 l. 6 s. 6 d. The little cupboard, and outside also were locked when I went out. I ask'd them both about my money, they denied knowing any thing of it, till we came before justice Frazier. We went to a pub lick house to see if we could get it out of either; and at last Mary Cole said, that Patience Leavers opened the buroe, gave the little cupboard a rap with her fist and it flew open, and then took the money and put it into the cellar chimney under half a peck of foot ; and after that, said, if she told, she would knock her brains out; and if she did not tell, they would set up an Oyster-stall together. The constable and a young man went and found the money in the chimney, as she had said.

This was confirmed by James Powel , the constable, and John Ware

Patience Leavers guilty of stealing, but not out of the dwelling-house .

Mary Cole acquitted .

[Transportation. See summary.]

589. Ann Hawkings , widow , was indicted for that she did feloniously make, forge and counterfeit a note, for the delivery of a piece of Saxon-green tabby, with intent to defraud Elizabeth Patterson , August 22. This was only a cheat, and did not come up to the essence of forgery.

Acquitted .

590. Margaret, wife of Richard Abrahams , was indicted for stealing two shillings in money number'd , the property of Joseph Ansel , September 12 .

Guilty 10 d .

[Whipping. See summary.]

591, 592, 593, 594. Thomas Masterson , Jane Poor , Margaret Cavenhau , and Ann Cole , were indicted for breaking and entering the dwelling-house of Thomas Woolfall , one cloth rockeloe, one pair of cloth breeches, value 6 s one cloth waistcoat trim'd with gold, 10 pound weight of thread, the goods of the said Thomas; two pair of stays, a camblet gown, the property of Esther Woolfall ; one velvet mantelet, one silk hood, one gauze handkerchief, one yard of velvet, two tortoiseshel snuff boxes, one silver girdle-buckle, three silver spoons, one gold ring with crystal stones, three pair of sheets, six shifts, and other things, the goods of George Johnson , in the dwelling house of the said Thomas Woolfall , July 26 .

Thomas Woolfall . I live in Peter-street, at the corner between that and Hide-street, Bloomsbury . In the night, betwixt the 25th and 26th of July, my house was broke open. There was an iron bolt belonging to the window broke in two pieces, and a pane of glass broke; it was the kitchin window on the ground floor. The watchman came into the house between two and three o'clock and awaken'd us.

Q. Is he here?

Woolfall. No, he is not, my lord. We found two doors open. We have two doors in Peter-street, and one in Hide-street; one in each street was open. There was a box taken away out of the room where I work (I am a taylor ). In the box where a rockeloe, 10 pound weight of thread, a waistcoat trim'd with gold, a burdet gown, a quilted coat, a pair of stays, two cloth cloaks, a linen gown, a cotton gown, a silk gown unfinished. I saw the box the day before in its place. I lost also two rolls of flannel. About three or four days after I had an information by a woman now in court. I got a search warrant and searched Cavenhau's house, in Drury lane, there I found the rockeloe. I found my flannel, and some thread, and I found the breeches, but they were not in the house, they were found on a person's back. There were a brown gown found in the house upon a maid's back, Cavenhau said, they were brought in by a lodger.

Mary Russel . I live at Mr. Woolfall's, I am his wife's shop-woman, she keeps a toy-shop, and is a haberdasher of small wares , and did so before he married her. Betwixt the 25th and 26th of July the watch were coming up stairs; I was apprehensive of some disorder in the house, and came down; I found the house had been broke open, the shutter at the kitchin window was pull'd open, the bult broken in two pieces, and a pane of glass broken; there was a box lost from off the shop-board, containing several things of value. I keep the books, and have an account of what was in it (She mentions them as in the Indictment). The box was lock'd, Mr. Woolfall kept the key. She was shewn the bundles of thread found. We had some such thread as this, but I cannot swear to it. She is show'd some flannel. That I cannot swear to; we lost some such. On searching Cavenhau's house there were found some thread, some flannel, and a rockeloe, but I cannot positively swear to either.

William Smith . I was at justice Fielding's the first of August, there was Thomas Axford the constable, who is not here now, he demanded me to go and help search the house of Cavenhau. We went there, and up one pair of stairs in a front room we found these things. I took an inventory of them all. There were this last witness, the prosecutor, and another young woman before the justice. This witness then said, she could swear to the things. Then we went to St. Andrew's street, to the three Coffins near the seven Dials, to Masterson's lodgings, we laid hold of him, and in searching him we found a pistol in his bosom. He lodged up one pair of stairs; we went and opened a box, and found in it some more flannel, and four pound of thread. The young woman came up, and said, I'll swear that is my box. She took a key she had got and opened it directly.

Mary Russel . I cannot swear to the box, it is like ours.

Q. to the prosecutor. Is that your box? It was produced in court.

Woolfall. It is like my box that I lost, but I will not swear to it.

William Smith . When he was shew'd these things before justice Fielding, he said, the things were his, and he would swear to them, although he will not now

Esther Woolfall. I am servant to the prosecutor. I remember the house was broke open between the 25th and 26th of July. I shut that window up over night, that was broke open, the bolt was whole then, and the pane of glass was whole. She would swear to none of the goods, but she allow'd she had the key that open'd the box; but said, one key might be like another, &c. We found a gown at Cavenhau's. It was produced in court, she would not swear to it, but said, it is like that of mine which I lost, but the lining is alter'd if it is mine.

George Beecher . I was coming by. I am a constable in that division. I was only an assistant, I had not the warrant. They desired me to step into this Cavenhau's house, Mr. Woolfall was there. We went by the direction of one Ann Gervey . she I found had been before justice Fielding. We went and in her house we found a pistol and a dark lanthorn; the prisoner, Cavenhau, seemed to be much affrighted.

Elias Ridler . I am a constable, they brought the warrant to me. The young woman, Esther Woolfall , said, take hold of his gown, as it was on one of the prisoner's back, saying, it is my gown, I'll swear to it, by the two small bits of camblet on the shoulder. Then we went to Masterson's, and found a pistol upon him, a dark lanthorn, a frame clock-spring saw, ripping chisels, and other things.

Ann Gervey . On the 25th of July, Thomas Masterson , the barber, came to Cavenhau's back door about twelve o'clock, I lodged there then, and am chare-woman there; my boy went and let him in. I heard his voice, which I know very well, but did not see him. He went up stairs and staid some time, then he went down stairs again. The boy ran down before him to let him out ; he said to the boy, what do you want you dog? go back. So we waited, and about a quarter of an hour after William Cavenhau and he came down and lock'd the door after them, and took the key with them. I could hear them speak to one another, and I know it was them, for nobody else were in the house but them. I know not when they came in again, it was about eleven o'clock the next day before they got up. In the closet I saw a large roll of flannel and a rockeloe, they were not there before. I saw two rolls of thread, which lay upon the table between the two windows. I saw also three spoons, and a long black hood, Mrs Cavenhau said, she had them to sell. She employed Mrs. Cook to sell them for her. She carried them out and brought Mrs. Cavenhau 50 s. Mrs. Cavenhau said that was better than nothing. I saw some gowns, none of these things were in the house before they went out. Masterson, the prisoner, gave my son a pair of breeches. Mrs. Cavenhau asked him. If he had an old pair, he order'd my son to come on Sunday morning. Mr. Woolfall swore to the breeches, and put my boy in Bridwell.

The Constable. - Please you, my lord, the prosecutor swore to the goods before the justice, although he will not here.

Q. to the prosecutor. Pray what is the meaning of it, that you should be so ready to swear to these things before the justice, and do not care to do it now?

Prosecutor. One thing may be like another.

Q. Did you not swear positively before the justice?

Prosecutor. Yes, my lord, I did.

The constable said the shop-woman, and maid servant, swore likewise, before the justice. They being asked concerning that, said they did, but would not swear to them now.

John Gervey . I live in Cavenhau's house, he and Masterson used to be backwards and forwards there. Mrs. Cavenhau asked Masterson, if he had an old pair of breeches to give to me, he ordered me to come for a pair on Sunday morning. I went, he gave me these breeches, that have been produced in court. I brought them home, Mr. Woolfall swore to them, and I have been in Bridewell ever since.

All acquitted .

595, 596. Ann Steward , widow , and Eliz Clark , spinster , were indicted for that they, together with Catharine Gray , did steal one silver snuff box, six silver buckles, one gold ring, one half guinea, the goods of Thomas Keating , in the dwelling-house of Ann Steward .

Both acquitted .

597. William Escote , was indicted for being accessary to a felony in receiving two hundred hempen sacks, val. 4 l. knowing them to be stolen .

Edward Jones . I am Clerk to Mr. George Amyand . On the 20th of January, I gave directions to John Staples to land forty one bundles of hempen sacks at Bear Key, four thousand and odd in number. It being too late to land them, we concluded to let them abide in the vessel all night. I saw them in it as I stood on the shore at the Key about seven o'clock in the evening. In each bundle the top sack was mark'd with a V upon it. Each sack was worth five pence half penny. The next day, according to our computation, there were two hundred wanting, two bundles being gone; they were the property of Mr. Amyand.

John Staples . I received the aforesaid order to bring up forty one bundles of sacks from on board Captain Woodroff to Bear Key, which I did.

Philip Brann . I am servant to Mr. Staples. I went on board the ship Warren, and took in forty one bundles of sacks marked with a V. I brought them to Bear-Key. I made my lighter fast, and went away about my master's business, and came back to my lighter between four and five in the morning, I found there were two bundles missing.

James Penprise . Some time about February last, Joseph Watson and I took two bundles of sacks from a lighter at Bear-Key, and carried them down to my house at Shadwell. About two or three days after I heard they were advertised ; and about a fortnight after that I was at Camphor's house drinking with the prisoner Watson, Camphor, and James Johnson . I said to Escote, I had got some sacks, and I did not know what to do with them, for they are advertis'd. He said, can I see them? Yes, said I, I have got two of them here. Watson went and fetch'd two. Escote looked on them. Said I, I wish they were in the Thames again. He ask'd how many there were of them. Said I, I have not told them; but in the advertisement, there are two or three hundred. Said the prisoner, what shall I give you for them? Said I, give me what you will. We said, he should have them for a guinea. Said he, I will give it, but you shall spend a crown at James Johnson 's house. We agreed to it. ( Johnson is since run away ) Then he took up a sack, and said, I'll show you how to get the mark out. He laid it down on Camphor's table, and ripp'd it down where it is sow'd, with his knife, then cut off at the top about half a yard, just below the mark. The rest of the sacks were at my house. So he and James Johnson came, as agreed upon, about 9 o'clock at night and fetch'd them away. We did not receive the money till about a month after; and then we spent five shillings. I have known the prisoner two or three years, and have dealt with him very considerably for about a year. When he paid us, he said, there wanted some of two hundred, but he did not mind that.

Camphor. Some time towards the latter end of February, Watson, Penprise, and the prisoner were at my house about nine o'clock in the morning. I went to draw them a tankard of beer, and gave it into Watson's hand. He bid me drink to him, I did. He said I might sit down. Escote said he must not stay for he was going towards Limehouse. They were talking to him about some sacks. He asked them what sort of sacks they were. They said they would suit him in his business, as he is a tobacconist. They fetch'd a couple of them, he said, he could find some use or other for them. They told him they had two large bundles of them. They said the advertisement mentioned two or three hundred. I fetched the advertisement, and shewed it the prisoner. They told him, they would leave the price to him. He said, he chose they should be satisfied. They agreed for a guinea, and the money was to be paid at James Johnson 's house, on the other side of the water, and then they were to spend a crown. The two sacks had red marks. I can't now tell the letter, they all said the marks should be taken out. I saw the mark upon the price after it was cut off, but I being backwards and forwards, did not see who cut it.

George Edmonds . I took Penprise and Camphor. The name of Penprise was mentioned to Escote. He said, he did not know him or Watson either. But when Penprise was produced before him, he said he did know him, but never had any dealings with him. Said Penprise, you have forgot the parcel of tobacco you bought of me one Sunday morning. The prisoner seem'd speechless.

Prisoner's defence.

When I was taken up, and brought before Justice Hammond, they asked me, if I knew Penprise, I said I did not till I saw him. I never had any dealings with him in my life. Camphor said, it was the day after the goods were advertised, that I bought the sacks ; Penprise says, it was about a fortnight or three weeks after; and as Watson was concerned with him, and is known to be a pawnbroker, if I had bought them, no one is to be blam'd for buying a cheap bargain of a pawnbroker.

Guilty .

[Transportation. See summary.]

598, 599. John Godard and John Smith , were indicted, for that they on the 7th of July in the night, the dwelling house of Samuel Elson did break and enter, one tea chest, two brass candlesticks, one copper coffee pot, one pewter tea pot, did steal, take, and carry away .

Both acquitted .

600. Jane Trigg . spinster , was indicted for the murder of her female bastard child , July 1 . and she stood charged on the coroner's inquisition for the said murder.

William Glover . I live at Sunbury, in Middlesex . My back yard comes against the prisoner's necessary house. On Sunday the first of July I got up about 6 o'clock, and opened my backdoor. I heard a groaning . I had occasion to go into my own necessary house. The time I was there, I heard this groaning continually. Then I went near. I heard a person speaking to the prisoner who was in her necessary house. The prisoner said, I have been prodigious bad all night with the cholic and pain in my bowels. I don't take upon me to swear to the voice ; but I think it was the prisoner. I thought no more of it till a child was found on the Wednesday morning in this necessary house. Then there came William Johnson , Thomas Gunter , John King , and John Hillier , to my house, and desired I'd let them go into my back yard, to see if there was a child in that vault. I had flung a great heap of dirt to keep the filth from coming through. They dug that away. Then they saw a child, I did not go with them; they came and told me what they saw, and desired I'd lend them something to get it out. I lent them a garden how, with which they took it out, and brought it to my house. There was a bruise on one side of the head. It was a female child. It was reported about the town, the prisoner was with child before this.

Thomas Gunter and William Johnson deposed to their taking the child out of the Vault, and washing it; and that it was reported some time that the prisoner was with child.

Jane Reading . I live under the same roof the prisoner does, I was going to the pump this Sunday morning. I saw the prisoner sitting in the necessary house. She groaned, and said, it was a sad thing to have her bowels so bad. I said, so it is. She got off and went in a-doors. I went out about my business. When I came back again about 8 o'clock, I found the house very still. Some time after her mother came home. I asked her how her daughter did. She said, she was indifferent. After that, I observed the necessary house clean washed. On the Wednesday morning I got a candle and looked down the necessary house, and there I saw a young child lie, then I made it known

Richard Stephens . I am a Surgeon, and live at this same town. Hearing a female child was found in a bog house, on Friday the 6th of July, I went to see the child. I did not observe any marks of violence on it. It was a fine full grown child. I opened the chest of it, and took out the right lobe of the lungs, and put it into Water. That induced me to believe the child was born alive ; for that swam. Had the child never breathed, the lungs would have sunk.

Q. Is it possible a woman might be deliver'd of such a child as this, by a sudden surprize, while she is sitting on the necessary house?

Stevens. It is very improbable.

Q. Is it possible?

Stevens. I think it is next to impossible.

Q. Are you a man-midwife ?

Stevens. No, my lord, I am not.

Q. Have you never heard of things of this kind coming by surprize?

Stevens. No, Sir.

Q. Suppose a woman should be taken with violent pains, while sitting in that manner? whether or no a child may not come from her immediately?

Stevens. It is very improbable.

Q. Does not such sort of disorder occassion the person sometimes to want to go to stool?

Stevens. I never heard of such a thing.

Q. Did you never hear of a woman going cross a room, and, upon some sudden surprize, bring forth a child directly?

Stevens. I never knew an instance of it.

Q. to Jane Reading . Was there any thing appeared at that time, that could induce you to believe the prisoner was deliver'd ?

J Reading . I saw nothing.

Q. Did you hear a child cry?

J Reading . I did not.

Acquitted .

601. Ann, the wife of John Maschal , was indicted for stealing one silver snuff box, val. 30 s. the property of Ernest Gotley Obsenda .

Ernest> Gotley Obsenda . In July, I cannot tell De Day, I was in St. Gyleses. De Prisoner ask me, if I would go home witt her to her looging. I ask her if she had de room to herselfe. She said ges. So I make a bargain vitt her for two shilling. She got me up into her room in Plumb-tree-street. There was a Bet and a table. said my cloaths on de table, and was concernt witt her on de bet. After datt she said I vould catch cold, so she cover with my cloaths. Den I fell to sleep. When I awake, she was gone from me, and I vas lock in de room. I vent direcly to taa a pich of Snuff. My box vas gone. It vas a silver one I took a pith out of it chust as I went to bet. Vin I vent down, I ask for de voman, de landlady told me she had not seen hur, and as I describe hur, she said she know no such person. About ten or eleven day after, I met de prisoner in Covent Garden. She ask me, if I had got my silver snuff box again. She said, she did give it to de landlady.

Prisoner's Defence.

My prosecutor drank to me out of his pint; and when I went away, he followed me. I never mentioned a word of his going with me.

Guilty .

[Transportation. See summary.]

602. Richard Cole , was indicted for stealing one brass pottage pot, val 5 s. the property of John Younge , Aug. 23 .

Guilty .

[Transportation. See summary.]

603. John Williams , was indicted for stealing one dimitty waistcoat, val. 5 s. the property of Charles Dollason , Aug. 20 .

Guilty .

[Transportation. See summary.]

604, 605. John Herryman and Joseph Grue , were indicted for stealing one hundred and twenty pounds weight of Lead, val. 10 s. fixed to the dwelling house of Robert Dunbar , Esq; Aug. 15 .

Both guilty .

[Transportation. See summary.]

606, 607. Ann Lambeth , spinster , and Ann, the wife of Nathanael Peck , were indicted, for that the former stole three buckskins, val. 30 s. and the latter received them, knowing them to be stolen , the property of John Hargrave , September the 10th .

John Hargrave is a leather dresser , he lives in the parish of St. James's Clerkenwell . The prisoner was his servant , who upon having access to the room where these goods lay, took these three skins away, and delivered them to Ann Peck the other prisoner, who had pawned two of them to William Harding in Charterhouse Lane, for nineteen shillings She told him her husband drove a hackney coach, and he had found them in his coach. She had sold the other to Elizabeth Emmit , pretending her husband found that in his coach. Ann Lambeth had confess'd the fact to her master. There was the master's mark, and also the journeyman's mark upon the skins, which were produc'd in court, and depos'd to by the prosecutor, and also by Robert Barber the journeyman.

Both guilty

[Transportation. See summary.]

608 James Wright , was indicted for that he, together with Christopher Murrey , and Anthony the Jew , - did steal one bever hat, value 15 s. the property of Francis Cosgrove , July 15 .

The prosecutor not appearing, he was acquitted .

609 Jane Carpenter , was indicted for stealing one silk purse, value 2 d. and two guineas, the property of George Matthews , secretly from his person .

Acquitted .

610. Richard Harling , was indicted for forging a certain acquittance, for the payment of the sum of ten shillings, in the name of John Adington , for a chaldron of coles .

Acquitted .

611. Catharine Vizey , spinster , was indicted for breaking and entering the dwelling-house of Thomas Cox , and stealing out thence three shirts, one shift, one linen handkerchief , the goods of the said Thomas, July 13 .

Guilty 10.

Elizabeth Cox . I am wife to the prosecutor. We live in the Broad-way, Westminster . I went to bed on Saturday night betwixt nine and ten o'clock, about six the next morning I got up; the window was broken, and the things mentioned in the indictment were gone, which before were lying in the window. I had not fastened the shutter overnight.

Q. Was this a front window?

E. Cox. It was in a publick back yard. She took the opportunity to change her shift, and left an old dirty rag of a shift in the yard. She had liv'd in the yard some time before. She was but that night come from out of trouble. The old shift was known to be the prisoner's, by a little girl who used to lye with her. A neighbour informed me, about ten o'clock at night, she saw the prisoner sitting at the corner of Queen's-square, at a gentleman's door. I went and ask'd her to let me see what sort of a shift she had on, and took her by the arm, and carried her into a neighbour's house, and I described the shift to my neighbour before I searched the prisoner. I found it to be my shift. She was carried to the Round-house, there she pull'd mine off and put her rag on again. It was produced in court, and she swore to it.

Prisoner's defence.

I bought that shift in King-street, Westminster. There was cloth enough to make two; the other I have now on my back. The two cost six shillings, and she took that shift from my back.

Guilty 10 d .

[Transportation. See summary.]

612. Elizabeth, the wife of Edward Taylor , was indicted for stealing one linen shift, value 7 s. two linen aprons , the goods of Susannah Walker , spinster , August 23 . Guilty 10d.

Ann Graham . I took these things mentioned in the indictment, to wash for Mrs. Susannah Walker . She lives at Bow by Stratford. They were hanging with other things to dry in the garden. I went out for a pint of beer, coming back, I had a full view of all the lines in my garden. I saw the prisoner under the line, and a shift that had hung there, was drawn off. She clapped it under her gown, and hugged it up close. I followed her to her own door. She denied it, and I could not get the things again.

Prisoner's defence.

I am innocent of the thing. I never saw the things in my life. I have been many times in her garden She has bid me come in, when my hens were there, to drive them out.

To her character.

William Tuck . I have employed the prisoner about a year and a half. She has had forty or fifty pounds worth of work at home at a time of mine. I never found any thing ill of her, and I have trusted her in my own house. I never lost any thing by her.

Jane Crawley . I have known her seven or eight years, and always thought her an honest person.

Guilty 10 d .

[Transportation. See summary.]

613. Jane, wife of Henry Ware , was indicted for stealing one copper tea kettle val. 5 s. the property of George Noak , July 26 .

George Noak . I keep the prince of Orange's Head in Broad St. Giles's . The prisoner came into my house to sell some oisters, July the 26th. I missed the tea kettle, but had no mistrust of the prisoner, till I had an information by some of my neighbours. I sent for her to my house, and charged her with it. She at first denied it. Then I sent for the constable to take her into custody, when she owned it, saying, she had pawned it at Mr. Harris's, by St. Giles's church, and hop'd I would forgive her. We took her along with us to the pawnbroker, and there found it as she had said.

Guilty 10 d .

614. Ann Priest , was indicted for stealing out of her lodgings one linen sheet, one brass candlestick , the goods of Matth.ew Hand

Matthew Hand . I live in St. Gyles's . The prisoner took a lodging in my house, the latter end of January last. She continued with me about eight days. About the 6th of Feb. we miss'd a sheet, one was new the other old, she took the new one. We miss'd a candlestick from off the stairs. When I talk'd with her about my things, she told me, she would give me a good beating, like an old rogue as I was; but at last she owned taking the sheet.

Prisoner's Defence.

It was a common lodging-house. I happened to stay late out one night, he let my bed, and put me down into a cellar.

Guilty 10 d .

[Transportation. See summary.]

615. Elizabeth, the wife of William Yardley , was indicted for stealing one candlestick, one blanket, three pewter plates, one napkin, out of her ready furnished lodgings , the goods of John Rogerson .

John Rogerson . On the 22d of July last, the prisoner took a lodging of me for two shillings a week. She absconded on the 7th of September. I miss'd the things mentioned in the indictment. She was brought to my house, and made a confession of taking them; and told me where she had pawned them. I went with her to the pawnbroker, and found some of the things.

Prisoner's Defence.

I did not do it with an intent to wrong the prosecutor.

Guilty .

[Transportation. See summary.]

616. Elizabeth Hickman , spinster , was indicted for stealing one silk, and one muslin handkerchief, val. 2 s. three pair of scissars, twelve yards of silk ribbon, one pair of worsted stockings, and other things , the goods of James Pearcy , Aug. 1 .

Guilty .

[Whipping. See summary.]

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

Received Sentence of Death 16.

Richard Wright , John Griffith , Anthony Whittle , William Smith , James Macleane , Hugh Burrel , Henry James Saunders , William Watson , Francis Key, John Dewick , William Tylor , Thomas Shehan , William Ryley , George Taylor , George Loyd , and Moses Wright .

Transported for 14 Years, 5.

Edward Newbee , Thomas Harrison , Joseph Bradley , William Escote , and Ann Peck .

Transported for Seven Years, 32.

Thomas Kirby , Samuel Cordosa , John Taphouse , James Spencer , George Nichols , Henry Jones , Richard Parker , William Richets , James Hawes, Susannah Baily , Elizabeth Trussing , James Hayes, Henry Glascow , Ralph Sherlock , Henry Macardel , Mary Neal , Peter Bateman , John Row, Patience Leavers , Catherine Vizey , Elizabeth Taylor , Ann Priest , Elizabeth Yardley , Mary Mascall , Richard Cole, John Williams , John Herryman , Jos. Grue, Ann Lambeth, Sarah Fuller, George Perry , and Sarah Badge .

Branded, 2.

Elizabeth Punnet , James Penprise .

Whipped, 6.

Susannah Deadman , Jane Lewis , otherwise Bell, Ann Austine, Diana Reeves , Margaret Abrahams , Elizabeth Hickman .

Robert Davie , Judgment respited.

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