Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), October 1750 (17501017).

Old Bailey Proceedings, 17th October 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 17th, Thursday the 18th, and Friday the 19th, of October.

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

NUMBER VIII. for the Year 1749.

BEING THE Fourth 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 LEE, the Hon. Baron CLIVE , 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.

William Erick ,

William Shamalt ,

Abraham Lerkin ,

John Burton ,

John Longden ,

Christopher Skert ,

Thomas Bowden ,

William Howse ,

Gerviss Reeve ,

William Ware ,

Benjamin Both ,

Edward Ashworth .

Middlesex Jury.

Francis Wilder ,

John Burton ,

James Hugget ,

James Hambleton ,

William Matthews ,

* William King ,

* William King being taken ill, William Bell was sworn in his room.

John Woolridge ,

Nicholas Wright ,

Thomas Davis ,

William Vanleat ,

John Sugar ,

William Roby .

617, 618. Edward Evans and George Potts , were indicted for stealing one pound and a quarter of ginger, value 12 d. the property of Benjamin Vaughan , October 1 .

James Taylor . I am a Gangs-man; on the first of October, about ten in the morning, I was landing goods at Wigins's Key.

Q. What sort of goods?

Taylor. Sugars and ginger. I saw the two constables, Emerson and Clark, each take hold of a man, and take ginger from each man's pocket.

Q. Are the prisoners the two men?

Taylor. They were like them, but I will not swear that; I was subpoena'd here to prove the property. There are two sorts of ginger, black and white; it was black which I was landing, and was the property of Benjamin Vaughan ; the bags, in which the ginger came on shore, were in an indifferent condition, having holes in some of them.

James Emerson . I am a constable. I was walking along the stations in the morning the first of October, about eight o'clock; I saw Evans standing pretty near the bags. I came, and the other prisoner came again between nine and ten; I gave my partner notice of them. Evans set himself down on a bag, and was a pilfering out of it. I saw him put some ginger into his pocket; then he got off the bag, and Potts came and did the same; then we took them directly. It is the common way of such, to take about a pound at a time, and go and unload, and come again may be 20 or 30 times in a day. We searched them, and took black ginger from each of them. This bag was whole before; we observed it was cut where the ginger was taken from, and we found a knife in Potts's pocket.

Q. Did you see James Taylor there at this time?

Emerson. I did, my lord, he was landing goods.

William Clark . I saw each prisoner sitting on this bag by turns, and filling their pockets with ginger. When they were taken, they begged they might be sent on board a man of war, for they had no other way of living than this.

Evans's Defence. I took the ginger from off the ground.

Potts said the same.

Q. to Clark. Did you see any ginger lying on the ground near the place?

Clark. No, my lord, I did not. I saw them both take ginger out of the bag; I was behind some planks very near them.

Both Guilty .

[Transportation. See summary.]

619. Robert Wellam , was indicted for stealing 17 s. 6 d. in money , the property of Joseph Harris , September 17 .

Joseph Harris . On the 17th of last September I was in bed; the prisoner at the bar came and took my breeches from under my head, when I was betwixt sleep and awake, and took out half a guinea and seven shillings. He disturbed me by taking the breeches from under my head. I asked him what he wanted; he said nothing at all, but he was coming to bed. I saw him put the breeches down. I asked him what he had in his hands; he said he had got nothing. I examined his hands, and found half a guinea and seven shillings.

Q. Where was this?

Harris. This was at the Turk's Bagnio, Charing Cross . I am servant there, and so was he; we lay both in one room, but in two different beds. I told my money before I went to bed. I searched him farther, and found four shillings more, which, with the 17 s. 6 d. just made up the money I had before I went to bed.

Sophia Lennoy . I saw Mr. Harris bring the prisoner down stairs, the money in one hand, and him in the other. He then said the prisoner had taken it out of his breeches pocket.

Prisoner's Defence. I received half a guinea of the porter that afternoon about four o'clock, I, being not well, went out to get a bottle of stuff. I paid away about 3 s. 6 d. I went to bed between twelve and one o'clock; the prosecutor had a candle burning at his bed's head. I was taking a little money out of my pocket, telling it over; he jumped up and said, you are picking my pocket; he said, what have you got there? I said, nothing of yours. After that, he took his purse out, and told over some gold; then he took me down stairs, and he beat me. On the Wednesday I got a warrant for him, for beating me; then he got a warrant for me, and had me before Justice Fielding, and I was committed.

Q. to the Prosecutor. What, was you at the Bagnio?

Prosecutor. I keep the books, and attend in the Bagnio; and the prisoner was under porter.

Guilty .

[Transportation. See summary.]

620. William Price , was indicted for stealing a brown gelding, value 10 l. the property of Lewis Demock , February 11 .

Lewis Demock . I live in London. I had a horse of a brown colour, about 14 hands and an inch, at grass at Mr. Glasby's, the Rosemary Branch, Islington ; he was missing some time; I believe in February he was found again, and brought to me; that is all I know of it.

Mr. Glasby. I live at the Rosemary Branch, Islington. This horse was at grass with me; I had him between six and seven months; he was taken out of my ground either the 10th or 11th of February last; he was in the field the 10th at night; we saw a great deal of corn scattered about, which, we supposed, was to catch him; he was hard to be catched.

Q. Whhat colour was he?

Glasby. He was of a mouse-brown colour, about 14 hands and an inch, or rather better; comes five years old.

Q. Was he a horse, or a gelding?

Glasby. A gelding; he is in the ground now.

Q. Why do you charge the prisoner?

Glasby. I never saw the prisoner before I saw him at the justice's house; he there owned he sold the horse to Mr. Punnet. There was a man came to me about five or six days after the horse was missing, and asked me, if I had lost such a horse, saying, there was such a one offered to sale at the Blue Bell, near Rochester. I went, and found this horse was sold to one Mr. Punnet, an attorney at law, at Maidstone; and that he had bought him of the prisoner at the bar for seven guineas.

Mr. Punnet. I bought a horse of the prisoner at the bar [he answers to the description before given] for seven guineas; the prisoner was to call on me again; and, if I liked him, I was to give him another guinea.

Q. Did you know the prisoner before ?

Punnet. I had heard of his name before, and saw him before; he offered me a horse once before this; he is a Welchman, and used to travel that way with bullocks; and, before this, bore a very good character.

Q. When did you buy him?

Punnet. On the 17th of February, my lord; and on the 24th Mr. Glasby came to me, to demand the horse, saying, he was informed I had bought such a horse, and desired to see him. He swore, before the mayor of Rochester, the horse was his property, and also he had been his six months before. But this seems to me to be a mistake, not done with any design; it appears this horse is Mr. Demock's property.

Q. to Glasby. Is this the horse you say is Mr. Demock's property ?

Glasby. It is, my lord; I brought him to Mr. Demock, at his own door, and he is in my ground now.

Q. to Demock, Was that your horse Mr. Glasby brought to your door?

Demock. It was, my lord.

Q. to Glasby. How came you to swear this horse was yours ?

Glasby. I did not read the affidavit when it was brought to me.

Prisoner's Defence. I paid 7 l. 4 s. for this horse.

To his Character:

Richard Ribalt . I am an inn-keeper. I have known the prisoner about ten years, he has used my house, coming with Welch cattle backwards and forwards into Kent. His brother is a drover, and this man used to come with him; he and his brother have dealt in horses; they used to bring them up with their beasts often. I never knew, or heard to the contrary, but the prisoner was an honest man before this.

Guilty Death .

621. Elizabeth wife of Robert Smith , was indicted for stealing three gold rings, one pair of gold buttons, one silver salt, value 5 s. five large silver spoons, one quart silver cup, two cloth coats, two cloth waistcoats, one Alapeen waistcoat, one pair of tea tongs, one silver strainer, one pair of silver spurs, one pair of leather breeches, one pair of Holland sheets, four linen sheets, and other things, the goods of George Garnet , in the dwelling-house of the said George , September 21 .

George Garnet . I lost a silver cup, five large silver spoons, four tea spoons, a strainer and tongs, a marrow spoon, a pair of gold buttons, one garnet ring, two gold rings, a pair of silver spurs, a pair of Holland sheets, four or five other new flaxen sheets, six damask napkins, I think three table cloths, some pillow-biers, a coat and waistcoat, a suit of cloaths of my son's, and an Alapeen waistcoat besides. I can't remember all the things; they are here; the pawnbroker can give a better account.

Q. Where were all these goods?

Garnet. They were taken out of my house; the prisoner acknowledged the taking them out, she was my servant, and went along with us to the place where she pawned them. I live in Woodstreet, Westminster ; I am a carpenter . The silver is all marked with the cypher of my name.

Q. How long was the prisoner your servant?

Garnet. Between four and five months, my lord.

Q. Have you any wife ?

Garnet. No, my lord, nor any other servant but the prisoner at that time. My son lives in the house with me.

John Alison . I am servant to Mr. Johnson, a pawnbroker, the corner of Russel-court. The prisoner at the bar brought several things to our house to pledge in the name of Mrs. Garnet. The silver cup, gold buttons, several spoons, the rings and cloaths; she had some away, and brought them again. The rings and buttons were taken in the 17th of September, we had had them before several times.

Q. to the Prosecutor. When did you miss the rings and buttons?

Garnet. I missed them the 21st of September; I took out a warrant, and she was committed on the 22d.

Alison. The cloaths she pawned were taken away to the justice, and I don't know them again.

Q. Did you know where the prisoner lived at this time?

Alison. No, my lord, we did not; she said she lived over the water in Lambeth; and when she came with Mr. Garnet, she desired he might have the things she had pledged in the name of Mrs. Garnet.

John Fell . On the 28th of June the prisoner brought a pair of Holland sheets, a pair of buckskin breeches, and a pair of flaxen sheets; she brought the gold buttons several times on the 7th of September; she brought a pair of silver spurs, and pawned them in the name of Elizabeth Garnet .

Q. to the Prosecutor. Have you a daughter of that name?

Prosecutor. I have no daughter of that name, my daughter has been married seven years ago.

Fell. We asked her divers questions about the goods; she told us once she must bring a quart mug. We said we must go and ask her master first about that; the next time she came, she said her master had done without sending that; after we suspected her she came no more.

Q. Did she say where she lived?

Fell. She told us she lived at Westminster.

Q. Where do you live?

Fell. My master lives at the corner of Haslewood street in the Strand.

George Brown . I live in Long-Acre, servant to Mr. Rawlings. About the middle of June, the prisoner came to our house, and brought a pair of gold buttons. I asked her where she lived; she told me her husband was a carpenter, and lived in Westminster. About five or six days after, she had them away again. She has brought several things since; she once brought some rings, and redeemed them again. About the 13th of September she brought a shirt; she also brought, at another time, a marrow-spoon, two tea-spoons, and a strainer.

Q. to Garnet. Had the prisoner these things in her care?

Garnet. She had the keeping of the plate and the linen. I once missed the cup, and she brought it again the next day, or the day after. I once missed a pint pot; that was put before me the next day at noon. Thus I was deceived. The things were produced in court; they were found at the three pawnbrokers houses.

Prisoner's Defence. What was pawned was for money for housekeeping; when I have asked him for money, he'd say, what have you done with the money you had before? when I told him it was laid out, he would say, why, if you have not money, you have money's worth in your hands.

Q. to the Prosecutor. Did you ever give these, or any of these things to pawn?

Garnet. No, my lord, I never did; I believe there are people now in court know I live in better reputation.

Guilty 39 s .

[Transportation. See summary.]

622, 623. Hannah Nichols and Phillis Baird , were indicted for stealing two cotton shirts, one linen shirt, two linen aprons, two linen shifts ruffled, one dowlas shift, one huckaback tablecloth, and other things , the goods of John Brown , October 6 .

John Brown. I live in Queen-street, Wapping ; I am a coal-heaver ; I was lying on my own chest in my house, and Joshua Fox sitting in a chair. On the 5th of this month, about seven at night, Baird (the prisoner) came into the house; these things were lying on the table near the door; she put her right hand under them, and her left upon them, and carried them away. I called to her, saying, where are you going with them? she said to iron them; I went after her. The other prisoner had a child in her arms. I went to a neighbour's house. Nichols swore that the things were none of mine. I found some small things at the door ; she took them from me.

Joshua Fox . I was sitting in a chair in John Brown's house, when Phillis Baird came in and took some things away, on Saturday the 7th of this instant ; I do not know what things they were.

Jane Brown . I am wife to the prosecutor. I laid these things mentioned on the table, betwixt five and six o'clock that night; I went out and left the door open; my husband was sitting on his chest ; there was a candle burning on the table; the things were gone when I came in; I got a warrant and took the two prisoners up; they never owned to their having the goods till they were in Newgate; then Hannah Nichols told me where I might find them, saying, they were lying in a closet in her own house; and that Phillis Baird took them from off the table, and put them into her apron. I got a search-warrant, and went and found the things accordingly; there were two caps and a handkerchief found in the street; some of the things were produced in court: one of the cotton shirts belong to Joshua Fox , the other to James Richardson , he lodges in my house.

Q. What of these goods are your property ?

J. Brown. There are two aprons found again, which are mine.

Q. What are they worth?

J. Brown. They are worth about 2 s.

John Barnet . I am headborough. I went along with the prosecutor's wife to Nichols's house, and found the things before-mentioned.

Baird's Defence. I left some things at my prosecutor's house for his wife to wash ; the door was open, and I went in and took them; it was dark, and I, by mistake, took more than my own.

J. Brown. She had not left a stitch at my house to wash.

Nichols's Defence. I went with Phillis Baird to take a lodging for her; she went into this house and took some things from off the table, and came to me and gave me three caps to iron. I get my bread by washing and ironing.

Both guilty 10 d .

[Whipping. See summary.]

624. Priscilla Scarr , widow , was indicted for stealing a pair of linen sheets, value 6 s. one linen pillow bier, value 3 d. the goods of Susannah Field , widow , in her ready furnished lodgings , September 24 .

Susannah Field . I live in Denmark-street . The prisoner came the 14th of September, and on the 21st she took the pair of sheets away from off the bed, and a pillow-bier out of a drawer; I missed them; she came again; I did not say any thing to her then. On the 22d I charged her with taking them; she said she would fetch them again; she said she had pawned them, so I went by her directions to fetch them again, one was in Whitechapel, the other in Ratcliff Highway; she never owned to the pillow-bier; one of the sheets was marked with S. Both produced in court, and deposed to.

Mary Harrison . The prosecutrix is my mother. The prisoner took a lodging in my mother's house the 14th of September; she remained there but a week and a day. On the 21st day my mother came down stairs and said the sheets were gone from off the bed. I went with my mother to fetch them out of pawn by the prisoner's directions; one was at Mr. Holms's Ratcliff Highway, and the other was in Bell-yard, White-chapel.

William Harrison , husband to the last witness, deposed to the prisoner's confession.

Prisoner's Defence. I did carry them away, and would have fetched them again, but they would not give me time.

Guilty 10 d .

[Transportation. See summary.]

625. Mary Thursel , spinster , was indicted for stealing 20 s. in money, numbered , the money of George Layland , September 30 .

George Layland . I live in Clerkenwell . The prisoner was my servant for about three weeks or a month. My wife and I go with milk into the city . Last Sunday was fortnight we went out, and left her in charge of our child; coming home between five and six o'clock she was not there; I went to her mother's, her mother said she had not seen her; her mother had got information she was met going towards Newington, and no child with her. I went to break the door open, there I found the key put in on one side the door; when I got up into my room, which was a garret, I found the child crying, all black in the face, weakened very much, and lies in a dangerous way now. I went to my drawer to examine my cow-keeper's money, and I found but 23 s. instead of 45 or 46 s. I pay my cow-man every Monday morning. Besides this, there were 7 l. all but 5 s. two gold rings, and a watch. She took 15 s. out of that, and I believe out of the cow-keeper's money she took upwards of 20 s. then I ran again to her mother, and told her; she said she was told she was gone with two girls to Cold Bath-fields; I went to meet them, and found them; I took hold of her, and said she had robbed me; we brought her towards Bridewell, and near the gate she said she had taken out a handful of all silver, and did not reckon it, and that she had wrapt it in a paper, and hid it under the step that goes up into Faulcon-court. This was a place near our own door; when we came there it was gone.

Anne Abrahams . I live next door to the prosecutor. I have known the prisoner something above five years, she is about 14 years of age. I keep a chandler's shop. On Sunday was fortnight I was sitting by my own fire, I heard a noise, and got up to hear what was the matter; the prosecutor said the girl had robbed him; we took her into a neighbour's house, the girl very much denied it; we all thought to make it up, he said he was willing to make it up, if he could tell where to have his money. Then they took the girl away towards Bridewell; the prisoner's mother was there, she much desired her mother to pay the money, but still said she was quite innocent of it. Her mother said it was not in her power, and bid the girl tell where it was, if she had it. When we came to Bridewell-gate, she said, master, if you will not put me to Bridewell, I will confess what I have done with it. She said she drew the staple and took the money out, and was afraid it would be found upon her; so she put it under a post at the steps going down Faulcon-court on the right hand side. I did not go along with them to look for it, but they came back again, and said it was gone.

For the Prisoner.

Woodward Harlow. The prosecutor had got hold of the girl at this time, and sent for me; I came, the girl denied it; at last, by his threatning and her mother persuading her to tell, she did confess; then she was brought back from Bridewell-gate to our shuffleboard-room. I went with the girl to the place where she said it was; we went to the step and could not find it. The girl in coming back said to me, because I was good-natured to him, and would not trouble him, he now would put me to trouble, saying, her master had ravished her, and given her the foul disease. I told him what the girl said; said he, the girl used to lie at the foot of our bed with my wife and I, and that once when she got out of bed he did take hold of her hand, and would have pulled her into bed, but as to ravishing her he never did. At this time the girl indeed confessed it, because her master promised not to send her to gaol if she would; this she said before her master's face.

Mary James . I have known the girl eight or nine years, she has always had a very honest character.

Isabella Jones. I have known her about five years, she lived with me; my drawers used to be open where she might have taken money out had she been so inclined. I never lost any to my knowledge.

Elizabeth Nightingale . I have not lived in the neighbourhood above six months. When she was searched there were three half-pence found in her pocket; she then declared she knew nothing of the money, and said likewise her master had used her very ill, and he bid her say she had stole this money and he would bring her off. I never heard any thing but what was very honest of her. The girl has a very bad distemper on her, and they say he has the same.

Mary House . I have known the prisoner two years, she has been often at my house, I never lost any thing by her nor heard ill of her.

Mrs. Alcock. I have known her these five years and upwards, I never heard any ill of her.

Acquit .

626. Sarah wife of John Field , was indicted for stealing one silver spoon value 10 s. the goods of George North , Oct. 10 .

Grace North . I am wife to the prosecutor, I miss'd this spoon on the 10th of this instant, the prisoner's husband works with mine, she had been at my house and I miss'd it in about two minutes after she was gone, I know no more.

Edmund George . I was in the house, the prisoner ask'd for a few broth in a bason, she had some and eat it with a wooden spoon, I saw her put the bason down and take up the silver spoon that lay near it upon the dresser, this was tuesday was sevennight.

Q. Why did not you detect her?

George. I thought she was going to carry it to Mrs. North. Mrs. North came and made a rout about it, then I said I saw the prisoner take it; when she came again she was asked for it, she denied it; I heard her say she had no money before, and after that I saw her pluck out ten or twelve shillings.

Prisoner's Defence. I have no witnesses, but I can tell my story very well, I was at Mrs. North's mending her servant's gown, my husband came in, I went to drink a pint of beer with him; they had given me a few broth, and after I had eaten them a few more, I eat them and put the bason down, I laid the wooden spoon down and saw no other; that last witness stood near me, and there were ten or twelve men in the room. I went into the other room and drank part of a full pot of beer before I went out at the door. I want to know why they did not follow me and take it away from me? I had but one shilling and sixpence and some halfpence when I pull'd my money out, as that witness says; I tell the truth.

Q. to Mrs. North. Did you see this money the other witness talks of?

Grace North . I saw but one shilling and sixpence, and eight penny worth of halfpence.

Acquitted .

627. Alexander Duglass , was indicted for stealing one promissory note for 108 l. 13 s. bearing date Jan. 3, two silk purses, one with three guineas in it, the other seventeen shillings, the property of Matth.ias Palling , in the dwelling house of the said Matthias , Sep. 24 .

Matthias Palling . I live in Lombard-street, and keep a shop in the oil way. On the 24th of Sept. about eight at night I had a small hand desk stole out of my compting-house the time I was at supper, I miss'd my servant the prisoner the same time, but I did not miss the desk till the next morning about 9 o'clock. The prisoner was servant to me in the capacity of a porter, a yearly servant, and lay in my house. I made all the inquiry possible in order to find out the prisoner when I suspected he had taken it. A little after two the next day a man came with a draught of 20 l. drawn upon Freame and Barcley, bankers in Lombard-street, by one Steven Hunt , payable to James Munday or bearer, that bore date the 20th of Sept. last; I had stopped payment of it the day it was given me by Mr. Hunt; I thought I had lost it, but I had filed it with some other papers. About two o'clock they sent me word they got my note, and they believed my man.

Q. Describe what was in the desk when taken away.

Palling. There was this note for 108 l. 13 s. payable to me ten months after date, it was dated the 3d of Jan. 1750, witness John Dodbonel , John Dupree . There were two purses with money in each, I cannot say how much; there were some other bills and notes, but I don't know justly what. When the prisoner was taken he deliver'd to me a purse with three guineas in gold, and another with 17 s. and 4 d. in silver in it; there was also a bag of halfpence in the desk, but I do not know how much; I can swear the two purses are mine, and that they were in the desk, and the prisoner said the money was mine.

Q. Is your compting house part of your dwelling house?

Palling. It is under the same roof with my house.

Q. Tell the court how you came to charge the prisoner at the bar.

Palling. On the account of Mess. Freame and Barcley's sending to me and telling me they had got my note, and believed the man, the next day after the prisoner left me; immediately I went thither, and they shewed me the draught: they shew'd me the man who brought it; I said it was not my servant. I said to the man who brought it, Unless you show me the man who gave you this draught I'll prosecute you. He said he receiv'd it of a man at the ship at the Hermitage, and also he would go and shew me the man. I took with me a witness that is here, and went with the man to the house, and did not take the note from him, when we came to this ale-house. I had neither a warrant or constable, the man who keeps the house let us come into the house, but when we came to go up stairs he refus'd us, but let the porter go up whom I had detected: he went into the room and bid the prisoner fly for his life, for there were people out to take him. I had some struggle with the landlord, the prisoner got out on the back part of the house over the houses, so I came down stairs again, but I had seen him on the dock. I call'd out stop thief, I saw the prisoner on some coal lighters just by the wharf; there he was taken. By that time we had got a constable, whom we order'd to search him; but without that he delivered me up one purse with three guineas in it in gold, and another with 17 s. and 4 d. in silver in it, and the draught upon Freame and Bercley for 20 l. These he deliver'd in the street, and he said the desk, with other notes was in the room. The bills and other papers he said were wrap'd up in an apron, and sew'd together, in order to be sent back to me, and that he was about writing a letter to me to send with the parcel, and I found it pack'd up as he said. The note John Dodd and John Duperee , was pack'd up in them, and lay on the table in the room were he lay.

There were many more papers all belonging to me. The desk had nothing on it but the two locks which were taken off.

Q. Had he directed that parcel?

Palling. I saw none, we carried him to Justice Richards in the Minories, and he committed him.

Q. Was there an indorsement on the note?

Palling. No, my lord.

Q. How long had the prisoner lived with you?

Palling. About a fortnight, I have had my money of the banker since.

John Hartshorne . I was at Mr. Palling's the next day after he was robb'd, the 25th of Sept. last, he told me how he had been robb'd the night before by his servant; I had not been there above two or three minutes before Mess. Freame and Barcley's servant came in, to tell him he believed he had got the note, and also he thought the man. Mr. Palling desired me to go along with him, I did, there we saw a man, not the prisoner, it was a watchman we were inform'd afterwards; we ask'd him how he came by the note, he describ'd the person of whom he had it, and told us where he was. I, Mr. Palling, and one Mr. Newman I believe his name is, went together to the ship alehouse by the Hermitage bridge; when we came there we imagin'd the prisoner was below in the house, but he was up stairs. We were going up, the landlord refused us so to do.

Q. What is the landlord's name?

Hartshorne. His name I think is Bercley, he said he was in his own house and would do as he pleas'd; he let the watchman go up. I told him I would fetch a constable, the watchman had the note then; we deliver'd it back to him before. I was inform'd there was a constable in the neighbourhood, I went out to see for him. While I was enquiring for him, the prisoner got out of the window backwards, so when I came back to the Ship they had taken the prisoner, he was taken on the coal barges; we took him to another publick house just by; I enquir'd for a constable, there was one in the room; we desired him to search the prisoner, to see if he had any arms about him. He deliver'd up two purses to Mr. Palling, I saw three guineas in one green purse, in the other there were 17 s. and 4 d. in silver, there was a little silver 4 d. and a crooked shilling amongst them. Then he told us where the things were; we took the constable to the alehouse where we first went to; we found the little desk, it was produc'd in court, it was broke open. There were some papers sow'd up in a bundle, I saw them after it was opened. There was a note for 108 l. odd money, I believe it was a joint note of hand. Twice the prisoner confess'd he stole these things out of Mr. Palling's house, and that he was persuaded to do it by a taylor, a soldier that lives in Charles-street Westminster; after that we carried him before a justice, and he committed him to Clerkenwell Bridewell.

Prisoner's Defence. I ask'd my master's brother leave to go out in the afternoon this thing was done; I saw a friend of mine and got a little in liquor; I after that met with a man whom I was acquainted with, his name is Cannan, a soldier, who persuaded me to do this thing; I came to the door that night, he bid me take it away, I being a little in liquor was easily persuaded, brought it out, when he was gone. The door shut too and I could not get in again with it, so I went to his house; his wife brought a hammer and open'd it.

To his Character.

William Cooper . I live in Galway in Scotland, I have known that lad from his Infancy, he was born in the place where I came from. I never knew any thing of him but that of an honest lad, a fair character till this unfortunate time; he was here before, and went home and came back again this summer.

John Bradford Waite . I live in Blowbladder-street at the Acorn. The prisoner came servant to me about two years ago. I am a woollen-draper, he served in the capacity of a porter; he behaved extreme well the time he was with me. I trusted him frequently with things of value, he was then a very sober fellow.

William White . I live in St. Martin's-le-grand. I have known the prisoner about two years and half. He came first to me through an acquaintance of mine, a brother of his who is now in Jamaica. I knew the prisoner when he was with Mr. Waite. He went down to Galway in Scotland about nine or ten months ago, I believe with a design to have staid there, but one Mr. Curry of that town sent up his son, who brought the prisoner up along with him; he applied to me to get him into some business in town. This was some time about last April.

Guilty 39 s .

[Transportation. See summary.]

628. Mary Wilks , otherwise Boswel, spinster , otherwise Mary Griffiths, widow , was indicted for stealing one silk gown, value 4 s. one linen gown, six yards of fustian, two aprons, one cloth coat, four linen caps, one petticoat, and other things , the goods of William Mullings , October 4 .

William Mullings . I live in Crown-court, Butcher-hall lane . The 29th of September I had been drinking with some friends, and met with this woman in Newgate-street, she asked me where I was going; said I, I am going home; said she, you seem to be in liquor, I'll take care of you. After I was at home, she insisted upon my giving her something to drink.

Q. Was you in liquor?

Mullings. I was, my lord, I gave her 3 d.

Q. Did you stop to drink by the way?

Mullings. I did not, I had nothing but a 6 d. in my pocket. She began to make a great noise; said I, take the 6 d. and give me the 3 d. she went off, I never saw her more till the 4th of this month; then she came to my door and knocked, I opened it, she told me it was six o'clock, she had not been there a minute before the clock struck seven, [this was in the morning ] she came in, I insisted upon her going out of the room; she said she was come to make a return for running away with my 6 d. I told her she might go about her business; then she insisted upon my going to drink a dram with her; I said I never drank a dram in a morning; she said you shall; I said no; I dressed myself; my wife was out of town; I bid the prisoner go about her business, and turned her out of doors; then I never saw her again, till I saw her at Guildhall.

Mrs. Mullings. I am wife to the prosecutor. I was nursing a gentlewoman that was sick ; I had been out ten days; I happened to come home that Thursday morning; my husband says she was in with him; I found my door broke open, it had been double locked.

Q. Have you the whole house?

Mrs. Mullings. Only a lower room; the house is let out in tenements ; I found the staple burst out, and a looking-glass was broke with forcing the door open. I went into the room; my neighbour told me the prisoner (naming her name) had come out of my room dressed in a white gown, with a great bundle in her hand before her.

Q. Mention what goods were lost.

Mrs. Mullings. There were a blue silk gown, a white gown, a quilted petticoat, two linen aprons, a red short cloak, a shift which she has on her back, four caps (the goods were produced in court) I went to the brandy shop near Newgate, and gave it out there I had been robbed; from thence I went to my husband and told him my room was robbed.

Q. Where was he?

Mrs. Mullings. He was at work in Lime-street; this was about a quarter before eight in the morning; my husband gave me the key of the door, he had that in his pocket. I went the same night to Newington-green ; then there was a porter came to me and told me the prisoner was taken; I came to town again; we took her out of the Compter, and carried her to Goldsmith's-hall, and from thence to Guildhall. Some of the things were found upon her, and she told us the other things were at Harris's in St. Bride's-lane. She had on a white gown, a linen cap, and a white quilted petticoat. The constable went with me to St. Bride's-lane, there I found the blue silk gown, six yards of fustian, and a white linen apron.

Q. to the Prosecutor. Did you lock the door when you went out?

Mullings. I did, my lord, and had the key in my pocket.

Mrs. Nichols. I live in Crown-court, Butcher-hall-lane. On the fourth of this month I saw Mr. Mullings go out about seven o'clock, and about half an hour after I saw the prisoner go out dressed in a white gown, a red cloak, and a bundle in a handkerchief, she carried it before her.

Q. What distance of time was it betwixt Mr. Mullings and the prisoner's going out?

Mrs. Nichols. It was a full half hour, that I am very sure of.

Prisoner's Defence. The prosecutor said he was a barber and perriwig-maker. I am an unfortunate girl; he carried me home, and gave me that white gown; if it is the same, it is dagged at the tail [she takes it up and looks on it] it is the same ; he gave me a silk gown, and two yards of fustian ; he lay by himself; he has carried me home nights after nights, and I have lain with him; he desired me to carry these things to pawn to Mr. Harris's, in Bride's-lane, which I did for 8 s. That milk-woman saw me carry them out, and the gown he put on my back. He broke a glass in pulling them down; then he locked me in; I was there four hours; then I took a poker and drew the staple and let myself out. This is true, and there are no witnesses on his side or mine. I have been with him a great many and a great many times.

Q. to the Prosecutor. Did you give the prisoner any of these things?

Prosecutor. No, my lord, I never did; the looking-glass was hanging up when I went out.

Guilty .

629. Anne Burgamy , spinster , otherwise Anne the wife of William Simms , was indicted for stealing one gold necklace, value 19 s. one gold seal, value 3 s. one silver punch-ladle, one quarter of a guinea, the goods of Mary Baxter , spinster ; and 7 s. in money , the property of Hannah Darker , spinster , September 19 .

Mary Baxter . I live in Hosier-lane . The prisoner was servant to Hannah Darker , in the same house I lived in. I missed the things mentioned the 19th of September. I sent two persons after the prisoner; she, before the alderman, confessed the taking them, I heard her; she was gone from our house about three months, and she came to be a lodger, and found means to take these things away.

Hannah Darker . The prisoner had been servant to me about three or four months ago; she came to the house to be a lodger, and went out about 11 at night; I went up stairs and missed 7 s. I suspected it was she that took it, because I had heard but an indifferent character of her since she left me. When she was taken she confessed taking all the things. She sold the necklace to a silver-smith. These things were taken away the 19th of Sept. she was taken the 20th about two in the morning.

Anna Maria Burton . I heard the prisoner confess taking the things ( mentioning each) and that she sold the necklace and seal to Mr. Merry.

Mr. Merry. I am a goldsmith, and live by Smithfield-bars. I bought these things; the gold necklace weighed five pennyweights and a half, I gave her 19 s. for it; the seal weighed 18 grains stone and all, I gave her 3 s for that.

The pawnbroker that had the ladle was very ill, but sent his affidavit concerning it.

Prisoner's Defence. There was another woman confederate with me, and if I would have given her the gold necklace she would not have told. I told her I would give her the quarter of a guinea and gold seal, and she would not take it; she has been confederate with me in many things while I lived at my mistress's, and made me take money out of my mistress's drawers.

Guilty .

[Branding. See summary.]

630. Elizabeth Shepherd , was indicted for stealing some tea and a diaper napkin , the goods of Robert Crew .

The prosecutor not appearing she was acquitted .

631. Mary Parker , spinster , was indicted for stealing three silver spoons, value 20 s . the goods of Charles Bedkey , October 2 .

Anne Bedkey . My husband is servant to Mr. Augustus Shoot , master of the Rolls to his Majesty. I was left in his house this summer to take care of it, and on the second of October I had word from my neighbours there was a woman taken in my rooms in Grosvenor-square, Chandler's-street. I went and saw the spoons taken out of her bosom.

John Coals . October the second I was at my neighbour's house, I stopped the prisoner in the prosecutor's house coming down stairs; I put my hand to her bosom, and took out these spoons. They were produced in court and deposed to.

Prisoner's Defence. One Mary Simons gave the spoons to me, but she is gone away, I hunted about for her two or three days, but could not find her; she told me her husband lived in that house.

Guilty .

[Transportation. See summary.]

632. Matth.ias Nichols , was indicted for robbing Thomas Foscue on the King's highway of one linen bag, value 2 d. and twelve pennyworth of halfpence , September 22 .

[The prisoner desired each witness might be examined apart, which was accordingly done.]

Thomas Foscue . On the 22d of September, about three o'clock in the morning, I was coming to London with a load of turnips; about half a mile on the other side Paddington I met the prisoner, who stopped me and bid me stand; afterwards he stopped the horses, and said he must have my money; I said, friend, I have but a few halfpence to pay the turnpike; he said if I stirred an inch he'd shoot me dead, and put the stick up to my breast; then he put his hand in my pocket and took my bag out, and asked me if that was all; I said it was; then he said, I'll have your coat, and struck at me with this mop-stick, which the witness had in his hand

Q. What was in your purse?

Foscue. There were twelve pennyworth of half-pence.

Q. Was it light enough to discern the prisoner?

Foscue. It was dark, I could not see him above a pole before me; I took this stick to be a pistol; he went to fetch a blow at me, I put my head down, and he struck so fierce at me his stick went out of his hand, and my hat and that went away together; then I took hold of him, and threw him down; then Robert Hargood came to my assistance, we bound him with his hands behind him, and brought him away to Paddington : there we charged a constable with him; we staid there till about 7 or 8 o'clock. At this time two milkmen came up. The constable has the money.

Robert Hargood . I was on the top of the cart that the prosecutor drove. The prisoner came up to him and said, d - n you, stand, and give me your money. Foscue said he had but a few half-pence ; then the prisoner d - d him and said, I'll have your coat, or I'll shoot you dead (I think he said he'd shoot him dead three times over) then Foscue called out to me; I came down to his assistance, I did not know which was uppermost; but when I came to them the prisoner was underneath; we secured him, and took him to Paddington. The prisoner said nothing daunted him more than when Foscue called out to me; we charged a constable with him, searched him, and found a knife in his pocket, but neither the bag nor money. Here is a witness here who went back to the place and found the bag and a vial, which the prisoner owned; he said the stuff in it was to black the stick and make it shine like a gun. The prisoner desired I would hang him up without carrying him any farther, saying, he knew he should be hanged.

Q. Did you see his hand in the prosecutor's pocket?

Hargood. It was too dark to see that; we carried him before justice Fielding, and he was committed. When he was at the house at Paddington, he said if that blow had hit Foscue he'd never have known who hurted him.

- Price. I went back with a candle and lanthorn to the place where he was taken, not far from Paddington. The prisoner had had some flower in his bosom, for by tumbling about it came out and lay upon the ground, near which I found the purse and four-pence halfpenny; there were two farthings among it. I found likewise a vial, which the prisoner owned to be his, in which he kept oil for his piece, he being a soldier. The purse was open.

Q. to the Prosecutor. Was your purse open?

Foscue. It was, my lord.

Price. It was found near the three mile stone: there was too much dust and gravel in the road, we could find no more money.

Henry Quinn . I am headborough at Paddington, I was called out of bed to the Green Man in Marybone parish ; the prisoner was delivered into my custody, I searched him and found a long case-knif upon him; I asked him what he did with the pistol he had stopped the man with; he answered with a nod towards his stick, his hands being tied behind him, that is my gun; I asked him about the money, he denied it, but at last said, I am certain, if you go and look in the road, you'll find the bag and money too. When we were at Paddington the prosecutor was complaining how he went to strike at him; the prisoner made answer, if that blow had hit you, you had never been here to have told who hurted you. The bag was shewn to the prosecutor, and he swore to it.

Richard Mitchel . On the 22d of September, about three o'clock in the morning, I was going to my cows that lie at grass at Kilbourne, I had my man and a great dog with me; I heard a cart stop in the road, and by hearing some words I thought the cart was in the ditch; we went on and heard words increase; said I, it is either a cart in a ditch or a robbery. I heard one say get down, get down, he says he'll shoot me, so we ran on; when we came there the soldier was down, and crying out for mercy. I asked what was the matter; the countryman said, this man has robbed me, telling me the same he has here. I bid them take him to Paddington, and charge the constable with him. I thought the soldier had drank a little that morning; he desired they would not use him ill, and said, he would not run away, saying, he knew he should be hanged, and wanted them to hang him up then. He said his life was a misery to him.

Prisoner's Defence. I live at the Turk's-head near Clerkenwell-green; my father lives at Kingsbury-green in Middlesex; I was going to see him. I set out between 12 and one in the morning, I was a small matter in liquor; I had a piece of link in my hand to light myself as far as Marybone, there it went out. I went through Paddington, and between that and Kilbourne in the road I met this man, and push'd against him; he struck me; I made a return as soon as I could; that mop-stick I had in my hand to keep me from falling; in the fight I lost that bottle out of my pocket, and the man said he lost his money. I am as innocent of robbing the man as the child unborn, I was much beat and abus'd. Said I, you had better hang me outright, than use me so. They said, they did not fear hanging me for the reward.

To his Character.

Robert West . I have known the prisoner about six years, he bears the character of an honest man in the neighbourhood.

Guilty Death .

633. Mary wife of Thomas Kelly , was indicted for stealing one linen shirt, value 5 s. the property of Matth.ias Chambers , Oct. 2 .

Acquitted .

634. Ann Standing , was indicted for stealing 3 shifts, value 7 s. one linen apron, value 1 s. the goods of James Harris , July 19 .

Acquitted .

635. Judith wife of John Page , was indicted for stealing 5 linen shirts, value 5 s. one linen apron, value 6 d. one pair of linen gloves, one linen hood, one pair of cambrick ruffles, one quarter of a pound of thread , the goods of James Bisben , Oct. 10 .

Ann Bisben . I live at the bottom of Wild-street in Steward's Rents ; I am wife to the prosecutor; on wednesday last about 3 o'clock. I lost three shifts from out of my yard hanging upon a line, two from off the horse in the back room, and a trunk out of the same room, in which was an apron, a pair of ruffles, a hood, a quarter of a pound of thread, and a handkerchief; I found them again in the prisoner's room, in Fox Lane about 7 o'clock in the evening; the goods were produc'd in court.

Dorothy Smith I saw the prisoner go out of the prosecutor's house last wednesday, with the trunk in her apron; I saw one end of it, I was then in my room facing the prosecutor's house; I knew her by sight; we enquir'd of a lodger of mine, who knew her, who directed us to her lodgings; we went and found the things; the prisoner said, a woman gave her them in Drury Lane.

Prisoner's Defence. A woman ask'd me to let the things be in my room, which I did; these people came and tax'd me about them, I told them they need not break open my room, for the things were there.

Guilty .

[Transportation. See summary.]

636. Hannah Hore , was indicted for stealing one pair of leather shoes, value 6 s. one cloth cloak, value 1 s. one linen handkerchief, value 1 d. the goods of Lawrence Young , Oct. 11 .

Lawrence Young . I am a barber , I live in Lickapon-street, one end of it comes into Leather-lane ; I was shaving a gentleman last thursday, between nine and eleven in the forenoon, the prisoner went up my stairs, the key was in the door, whether it was lock'd I can't tell: I heard something trip along the entry, I open'd my shop door pretty suddenly upon her; she ask'd me after some name, I can't now remember, whether they d id not live there; I said you know there is no such person here. let me see what you have under your cloak; I turn'd it up, there I saw these new shoes of mine, and on the other side she had got the cloak and handkerchief under her arm. Mr. Sparks, whom I was shaving, has got the things, and was to have been here as an evidence, but he is engag'd at this time; the prisoner fell on her knees, and ask'd me to forgive her; I ask'd her how she could go up into other people's apartments in such a manner? she said it was necessity that drove her to it, she and her child wanting bread. She offer'd me a shilling for a dozen of beer to let her go, saying, her father was a very honest man in the neighbourhood.

Q. Where were these things?

Young. They were in a room above stairs; when I got up, the shoes stood in the window, the cloak and handkerchief were hanging behind the door.

Prisoner's Defence. I was fuddled when I did it; I have two children, and five months gone with child again, and a very bad husband.

Guilty .

[Transportation. See summary.]

637. George Anderson , was indicted for stealing two pieces of silk ribon, value 8 s. the good of James Thwaites , Aug. 8 .

Jane Thwaites . I live in Portland-street by Soho Square , and sell stockings, ribons, &c . the prisoner came into our shop Aug. 8th. about two in the afternoon; he ask'd if I had any figur'd ribons, I said I did not sell such; he said I am surpriz'd you don't, I hope you'll allow them to be the more fashionable; I was then behind my counter: I said I had many others, he stood in a pause, and at last said, may be I may buy some, so he chose to look at them; there was another man belonging to him stood at the door, which he call'd John. I took him out one drawer, he seem'd very difficult, I took him out another, still he was difficult in the colour, &c. some look'd watery, some were flimsy. Thus I had five drawers on the counter at once, one of satin, and four of paduasoy; he was dress'd like a gentleman, I had no mistrust of him, being dress'd with a waistcoat trim'd with gold, and all other things answerable: he bought 4 single yards of paduasoy, at 7 d. halfpeny per yard, of three different colours, he paid me at three different times, and made me change his money three times. Then I told him the third yard was not paid for, said he, you are quite right; then he paid me for that; then he turn'd about to John and said, well John, I think I shall ruin myself in buying ribbons ; no sir, said I, four or five ribbons will not do that; no no, said John, master, if you lay out that, you know where to get more; said he, now my hand is in, I'll buy you a ribbon John for your wife; master, said he, you are joaking with me, what should she do with that? There lay a white pair of cotton stockings by, said he, I had rather you'd buy me such a pair of stockings as they are; while he was disputing what colour to buy, I shew'd him brown, scarlet, one colour after another; then he left it to me to chuse what colour to buy for the man's wife. At the same time my husband came in, who saw the prisoner put some ribbons in his pocket; he said to him, friend, that piece of ribbon you have put into your pocket, is not your own; the prisoner said, d - mn you for a villain, I have none but what I paid for; my husband put his hand into his pocket, and took out these two pieces of ribbon; they were produc'd in court, one of scarlet, the other green; one was 9 or 10 yards long, the other 18. I was doubling up the 4 yards he had bought at that time, he had paid me for them, but I had not delivered them to him; the prisoner strove to get away from my husband, he draw'd him as far as the street door; then he swore d - mn you for a villain, if you don't let me go, I'll kill you on the spot; then he took out a long knife from his left side, and open'd it over my husband's head ; when I saw that, I cry'd out, for Christ's sake let him go. He cut my husband over the eye, and cross the nose; I was so affrighted I saw no more; he got away, and our neighbours pursu'd, and took him.

Q. What are these ribbons worth?

Jane Thwaites . They cost me 5 d. halfpeny per yard ; there were 27 yards. The ribbons were produc'd in court; also the knife, when open'd about 18 inches long.

Cross Examined.

Q. How can you take upon you to say this ribbon is yours?

Jane Thwaites. I had just given him one piece out of my hand, and the other, we have not such a piece in the shop for colour and quantity, but that; and the figures for the selling mark are my own hand writing.

James Thwaites . I am the prosecutor; on the 8th of Aug. about 2 o'clock I was coming home, I saw this man at the compter, and another staid at the door; I being in a red coat they might not imagine I belong'd to the shop; he at the door did not get out of the way to let me in, so I went to the other door, and came through my parlour, the parlour door faces the compter. At coming into the shop, the first sight I saw, was the prisoner putting a piece of green ribbon into his pocket, in the inside his coat under his right arm, which he took from off the compter; I went up to him, he made me a bow; I told him what he had put there was not his, but my property; he d - n'd me for a villain, and said, he had none but what he had paid for; then the servant ran away, and we saw him no more. I took out two pieces from that pocket, one green, the other scarlet, and flung them on the compter, while we scuffled together; said I, you have more in your pocket, and you shall not go away with them; he swore he would murder me, and endeavoured to get away; he took a knife out of his last hand pocket, and gave me this cut on my forehead; the scar was just above the eyebrows, about 2 inches long. I was blind for 5 days; then he d - n'd me again, but I laid hold then on his shoulder, then he gave me a cut on my left hand and disabled me. It was a long cut down the back of his hand; by the scar it seem'd as though it had went through, into the palm of his hand; and in the hualing, the palm was draw'd together. My surgeon is now in court, who computed I had lost a gallon of blood from these wounds. I belong to the army, but now am not capable of doing duty more; he got away, I call'd out stop thief; many of my neighbours went in pursuit of him.

Cross Examin'd.

Q. Are these two pieces of ribbons your property?

Thwaites. I cannot directly swear to them; I believe they are the same; the constable has had them ever since.

William Hall. I live about 300 yards from the prosecutor; I saw the prisoner without hat or wig making his escape, running to go into the field; he had a long knife in his hand; he cry'd take care, let me go, the bailiffs are after me, the bailiffs are after me, waving the knife about; I followed him, and asked him to surrender himself; he said he would not, and that he would run his knife through the person that offered to lay hands on him; said I, you had better surrender, you'll receive damage by stones, (the people flung stones at him as he ran, crying, stop thief) I looked back and saw a man with a stick in his hand, I borrowed it of him, then I followed the prisoner again; I got up to him and hit him a knock on his head, he staggered 15 or 16 yards, then fell; he got up again and run well, I run after him again; then I hit him over the wrist, and he dropped the knife; he got the knife up again before I could get at him, and as he was running a brick-bat hit him on the temple, and turning about to see who threw it tumbled down into a ditch; I jumped to seize him as he fell, and narrowly escaped falling into a pond by the ditch; he got up again and ran, and I after him; then I hit him and knocked the knife out of his hand again, and at the same time a stone hit him on the side of the head, and he fell.

Prisoner's Defence. I was to go to a christening, and I thought it would be requisite to make presents to the women, so I went to this shop to buy some ribbons; I paid for every yard I bought; the man says he took these ribbons out of my pocket, but he took them out of my hand. When I was examined before justice Trent Mr . Salt was there; Mr. Salt asked what they had to alledge against me; she said she did not know she lost any thing at all, but her husband said I had robbed him of a piece of green ribbon; Mr. Salt asked him if he could tell what quantity, he said no; she there swore to but 3 s. 4 d. she was told that was only transportation; she said she thought that would hang me; then she took up a piece of scarlet, and said, I can swear to this, and you can swear to more.

Q. to Prosecutor. Are you sure you saw the prisoner put the ribbon into his pocket?

Thwaites. I did, my lord, and I took them out.

Mrs. Thwaites. I saw my husband take them out.

Prisoner I desire Mr. Salt may be called.

Mr. Salt sworn.

The prosecutor and his wife agreed in what they there swore, the same they have done now; she swore to the value of 8 s. 4 d. they swore first to the green, then to the scarlet.

Guilty Death .

638. John Coppinger , was indicted for stealing one wooden box, value 2 s. one gold ring, val. 12 s. one stock-buckle, value 5 s. and 40 s. in money numbered, in the dwelling house of Henry Flannigin , the goods of the said Henry, October 12 .

Henry Flannigin . I live at the Hampshire Hog, St. Giles's in-the-fields . The prisoner and others go in a gang together; he resorted to my house with one O'Brian and a fighting man, named Maine ; he had used to see me go to this box to change money. Last Friday morning he breakfasted in my house, and he kept close in all day; his partners went out and came in again, one of them called for some beer, I carried them a pot of beer; they began to quarrel; they knocked one another down, and drove one another about. Coppinger, it seems, had got up stairs, and got this box and money away; then he went out and came again with a watchman without his hat, and said he had been knocked down.

Q. Did you see him take the box?

Flannigin. No, my lord, I did not see him take it; the room was broke open, I looked about and found the prisoner; after I found I had been robbed, and charged him with the watchman, he turned out his money, there was a silver 3 d. that was in my box, fell upon the floor; he denied he ever had such a piece in his custody. I took him at the Rose-and-Crown in St. Giles's Church-lane. I never could see O'Brian from that time to this, or any of his gang.

Q. How much money did you lose?

Flannigin. I cannot tell, but I know I swear under the sum.

Elizabeth Flannigin . I know no more, but I found the silver 3 d. in the prisoner's pocket when he was taken, I saw it drop, and said it was mine; there is a hole in it, I keep it to wear about my child's neck.

Q. How much money was there in the box?

E. Flannigin. I am sure there were upwards of 40 s. it used always to be locked up, and it then was in my room, it had been in O'Brian's room, but I removed it; the prisoner had been in my house all day, he and some men had bred a great disturbance; my servant catched him several times on the stairs, and once he went up to O'Brian's room; after he was gone we missed the box, the chamber door was open, some of the wood of the door was broke, but the lock was not.

Q. How big was this box?

E. Flannigin. About three quarters of a yard long.

Eliz. Bull. I live servant with the prosecutor. Last Friday the prisoner was at our house in and out all day; after I had bolted the back door, I found the prisoner undoing the bolt; after that I saw him doing so a second time; I spoke to him again; he said he was speaking to an acquaintance; there stood a man in a brown coat; then I went up to make my master's bed, I locked the door and brought down the key, then I went to draw a pot of beer; after that I met the prisoner on the stairs, saying, he was going to O'Brian's room, I told him he had not been at home all day; then he said, there is a man in his room; my master went up, there was nobody there; then after that the prisoner opened the back door again, saying, my dear, I am going to make water. I went to bed about 11. Some time after my master called me and said the box was gone; after this the prisoner was brought into our house, and the 3 d. found, it dropped from him in searching him; my mistress made a 3 or a 4 upon it with a pin because she would know it, when she put it on the child's neck; I fetched this 3 d. from a pawnbroker's once in Denmark-street, it was a King William and Queen Mary's 3 d. I carried it to a pawnbroker with 5 s. in halfpence; after that my mistress said, go back and fetch the 3 d. I'll keep that for the child's neck, he looked into the box and gave it me. They took O'Brian before the justice, and he was discharged because we found nothing upon him.

Mary Smith . I work for Mrs. Flannigin in doing plain work. About 10 o'clock that Friday night the prisoner at the bar came out at the back door with the box in his hand, and run against me with it. I knew him then very well. The box was produced in court, found broke open in the street.

John Leveridge . That very night I went to the prosecutor's assistance, the prisoner was brought in, and in searching him this 3 d. fell down, I can swear to it amongst ten thousand. The 3 d. was produced in court and deposed to.

Q. to Mrs. Flannigin. Is this your 3 d.?

E. Flannigin. A man came to me and desired I would lend him 5 s, to fetch a pair of stays out of pawn, I did, and sent this with the halfpence; then I sent the maid to fetch it again; then I marked the figure of 4 with a pin upon it. There was a 4 marked on it as she said.

Prisoner. That never fell from my pocket.

[Some of the jury desired Mary Smith might be ask'd if she was not once committed for giving false evidence in this court. To which she replied, she never was in Newgate in her life, and that she never gave evidence in that court in her life.]

Court. Does any person here know this woman?

John Rogers . I do, my lord. I keep the Newfoundland Dog-alehouse Charterhouse-lane.

He, by the prisoner's desire, was sworn, and deposed he was in court about five or six sessions ago, and heard her give evidence in favour of a prisoner who was for the fact cast and executed, saying, the prisoner bought the tankard he was then trying for somewhere down in Walbrook, and when the trial was over she was committed for perjury; (for which see No. 34 in Sir Samuel Pennant's Mayoralty, the witness Margaret Thompson .) He said likewise he knew her husband, [the witness being a drummer now in general Onslow's company of horse grenadiers, but was in the foot in lord Ancram's company, to which her husband belonged] being asked his name, could not immediately say, and after some time said his name was Thompson, and that he had been lately tried in this court for a thief, and is now transported. (For which see No. 25 and No. 344, both in Sir William Calvert's Mayoralty.)

Acquitted .

639. James Currall , was indicted for stealing a hat, value 1 s. 6 d. the property of Henry Hope , October 3 .

The prisoner went into the prosecutor's house and desired the lad there to carry a letter to an alehouse near it; he took an opportunity to take the hat away in his breeches, where it was found and taken out.

Guilty .

[Transportation. See summary.]

640. George Jones , otherwise Robins , was indicted for stealing 77 ells of silk, call'd tabby, value 45 l. 8 s. the goods of Jacob Delamare and Co. in the dwelling house of James Roberts , Sept. 3 .

Jacob Delamare . My elder and younger brothers are in partnership with me; we deal in merchandizing silk, &c . The prisoner came to my house the 3d of Sept. last, about two in the afternoon, he had got my journeyman Rottenbury along with him; in the mean time my foreman came in, I was not very well, I let him into the warehouse; I mistrusted the man when he pass'd by me; he turn'd his face the other way; I bid my man take care; they pass'd me again, then he did not turn his face towards me; my man Freemont had the goods under his arm; I had given him a bit of paper of the price of the goods, but desir'd him not to part with that to the prisoner: I call'd him back again, and bid him take care, or this man would trick him I fear'd; said he, sir, depend upon it the goods are safe. They went away, and my man staid 2 or 3 hours before he return'd, they were to go to the 3 Cups in Bread-street : I took the prisoner myself about 3 weeks after this in Red-Lyon-street. near Holbourn, and brought him to Justice Fielding's; he ask'd me if I would make it up, and offer'd to pay me; he pull'd out the little account I gave my man, with no date or name, and said he bought the goods of me. He said one Browning had forg'd a letter and had got the things, and brought him into this scrape.

Q. Were these goods sold to the prisoner?

Delamare. No, my lord, I did not apprehend any such thing; what I wrote was not a bill of parcel.

Peter Freemont . I am foreman to Mr. Delamare; on the 3d of Sept. last the prisoner came to our shop along with Mr. Rottenbury, who is my master's journeyman; this man brought a letter to Rottenbury, to help him to a man where he could buy such goods, so he brought him to my master's, so they both together chose the goods, which were green, and pink-colour'd; I said, the price of the pink was 12 s. and 6 d. an ell; the green 12 s. the prisoner told me if I'd carry them to the 3 Cups in Bread-street, there was a gentlewoman there, would give me the money for them, or I should carry them back again; then I acquainted Mr. Delamare with what pass'd between us, and I desir'd he'd cast it up for me; I told him the length of the pieces; my master cast it up, and gave me the paper in my hand; he wrote, so many ells came to 45 l. 8 s. my master bid me take care of myself, for he did not half like the man. Then I went to the back warehouse again, and put the two pieces into a bag, and carried them to the 3 Cups with the prisoner. When we came there, he said the gentlewoman was not come from dinner, and desir'd me to wait a little time; we went into the Tap-house, I laid my two pieces down upon the table, and sat dow n near it, he sat down on the other side of the table, and call'd for a glass of wine. Then I had not sold the goods to him, and he had told me going along, he had nothing to do with the goods, the gentlewoman was to pay me for them, if she lik'd them. As I was waiting for this lady, he took them up hastily, and went away so quick, that I had not time to run after him. I ran without my hat to the corner of the street, but could not see him.

Q. Did he say any thing when he took up the goods?

Freemont. I think he said, I'll go and shew them to the lady. He did not ask me leave.

Q. What did you say when he took them up?

Freemont. I said, I would not have my goods tumbled.

Q. Did you mean he should carry the goods to the lady, and you to walk by?

Freemont. Yes, if he did not go so fast; he was so quick upon me I had not time to speak.

Q. How long was you in that room together?

Freemont. About a quarter of an hour; he sat and read the news.

This evidence allowing, he was willing the prisoner should carry the goods had he not went so fast away; it did not appear to be such a taking and carrying away as lodg'd in the indictment, so he was acquitted, and an indictment order'd to be prefer'd against him for a fraud.

He was a second time indicted for stealing four pieces of silk for handkerchiefs, value 7 l. the goods of James Truby , in the dwelling house of Benjamin Wood , August 13.

James Truby . I live in Kingsland Road, I keep men to make handkerchiefs. On the 13th of August last, about five in the afternoon, my wife rang the bell, I came down, the prisoner said, your servant, sir; said he, I was here some time ago to buy a few handkerchiefs, but I had no money then; but now if you and I can bargain, I'll lay out 10 or 15 l. with you; then I reached out some goods in order to shew him; he said, let me see some of your best, I shewed him as good as any I had; he asked me the price, I said, sir, you know silk is risen, and they cannot be bought at the former price, said I; I must have 46 shillings per dozen, for these goods: said he, I cannot say but they are very good; Can't you bate something? I said no; he said, take two pieces out, a dozen of a piece? then he took half a dozen of another parcel; then ten handkerchiefs from another parcel; which were all the goods, 3 dozen and 4 handkerchiefs. Said he, I wish you would be quick, for my horse and wife are at the King's Arms, and make a little bit of a memorandum of them, for my wife is a better judge than I am, and I hope what she don't like you will take back again. I tied them up in a handkerchief; said I, if you will excuse me 5 or 6 minutes I'll bring them myself; he turn'd about and look'd at the clock, and said, my wife and I should have been at another place; I wish you'd let your wife go. Said I, I had rather go myself; he said again, let your wife go; my wife took them under her arm, and the prisoner went along with her to Mr. Wood's at the King's Arms; I went no further than the door.

Diana Truby . I am wife to the prosecutor. The prisoner desired I would go along with him to the King's Arms; I went with the goods; he took me in the back way; there was a long dresser, he sat down, I laid my goods on the dresser, put my elbow upon them, and laid my head on my hand; he called for a glass of rum; he snatched the goods hastily from under my elbow, and away he ran; I ran to the street door, but could not find him; I asked the landlady if she knew that man, she said no, she knew nothing of him ; said I, has he not a wife and a horse here? she said he has not. I never saw my goods since.

Prisoner. The goods were lying upon the dresser, and I asked to take them to shew to my wife.

D. Truby. He never spake a word to me all the time he was in that room.

Prisoner's Defence. I hope the circumstances I have to relate will prove to your satisfaction. I came to the plaintiff's house on the virtue of his oath, whether I did not agree for the price.

Prosecutor. He did not.

Prisoner. Here is the bill I have to produce of what they came to.

Prosecutor. This was only a memorandum, no name to it nor any date, only 7 l. 1 s. 8 d.

Prisoner. Did my prosecutor ever ask me my name?

Prosecutor. I never asked him.

Prisoner continues.

I am a butcher by trade, and kept shop in Clare Market, but have lately dealt in the Manchester way by commission, and having occasion for some goods I applied to him for some. I can make it appear it is a malicious prosecution, by the virtue of which I can make my innocency appear.

Guilty Death .

641. William Hodgson , was indicted for stealing nine pair of worsted hose, value 18 s. the goods of Richard Finch , October 3 .

Francis Eedes . On the 3d instant the prisoner came to my house, the Three Tuns-Tavern and publick-house without Bishopsgate , he called for a pint of beer, staid about twenty minutes, and asked for change; I gave it him, and he went away. He had sat in a box where lay some stockings; the man who owned them was on the other side the kitchen eating some bread and butter. He had not been gone above the space of a minute before the old man, upwards of 70, went to see for his stockings and they were gone, the handkerchief was found at the door which lay upon the stockings; I then considered the prisoner had told me a house where he used in Leadenhall-street, so I went to enquire for him, and at the third house I went to the prisoner came in; I took and searched him, and eight pair were taken out of his pocket; I got assistance and took him to my house; the old man ( Richard Finch ) swore to the stockings, but he is I believe on his death-bed, so could not come.

Q. Did the prisoner confess they were Finch's stockings?

Eedes. Yes, my lord, he did, and hoped he'd be so good as to forgive him, saying, it was the first fact, and said he would return the goods, or any thing in the world.

Francis Medcalf . Mr. Eedes was going to look for this man, he found him, and desired I would search him, I took eight pair of stockings out of his pocket; he owned to the taking them; he begged the old man would not prosecute him, and he would return the stockings again.

Thomas Lonondine . I am constable. Mr. Eedes asked me to take charge of the prisoner, saying, he had robbed an old man of some stockings; I searched him after they had found eight pair, and found one pair more in his pocket; I searched him in Mr. Eedes's house; he acknowledged the taking them, and that he would return them again.

Guilty .

[Transportation. See summary.]

642. Nathan Thomas , was indicted for stealing 13 guineas and half a crown , the money of Robert Shewsmith , September 24 .

Acquitted .

643. Elizabeth Davis , widow , was indicted for publishing a false, forged, and counterfeit letter of an attorney, knowing it to be such, with intent to defraud .

James Beaden . I live in New Broad-street-buildings; I am in the broakeridge-way; the prisoner came to me on the third of this month to demand the prize-money belonging to Robert Harrison . I pay it by the order of Mess. Burne and Mayne of Lisbon, the ship was carried in there, they were agents to the Rye, which was in company with the Captain man of war in taking these prizes, the Felicity and Formidable, I think, French prizes. They had paid part of the prize-money at Lisbon, and wrote over to me to pay the remainder. Harrison was entitled to a share of this prize-money according to the prize-list, he is put down as yeoman of the powder-room, a petty officer. The prisoner said she had a power of attorney; I desired to see it; upon seeing it properly executed before my lord mayor, signed by Robert Harrison , I gave her a draught for the money, which was 16 l. 9 s. on Tiscoe, Willis, and Read; about half an hour after she was gone, there came one Mr. Hill with a power of attorney, signed by Robert Harrison .

Q. Did you keep her's?

Beaden. No, my lord, I gave it her back again, she had signed the prize list.

Q. Are you sure it was not the same she brought before?

Beaden. I am sure it was not, for I had just made my mark on that; I marked 16 l. 9 s. J. B. Upon Mr. Hill's demanding the money, I told him I had just paid it to one Elizabeth Davis; upon which he gave for answer, he was very sensible, if there was another power of attorney, it must be a forg'd one; I desired him to go to Mr. Tiscoe's, and if she had not been there to stop her; about one o'clock she came there to receive the money; Mr. Hillwas there; the letter she brought was read in court, signed Robert Harrison , present William Bishop and Adam Johnson .

Robert Harrison . I am a seaman; I had a share in these prizes, the Formidable and Felicity, two French ships; Mr. Beaden was to pay me the money by order of Maine and Co. at Lisbon ; there were due to me 16 l. 9 s. for both the prizes; I had received three 36 pieces in Lisbon before. I never gave any letter of attorney but this to Mr. William Hill, September 24, 1750. I never saw the prisoner before I saw her in prison.

Q. Where was you when you executed it?

Harrison. I did it here in London.

[He is shown the other letter of attorney.]

Harrison. I never wrote that name, that is not of my doing.

Q. Have you had your money since?

Harrison. No, my lord, I have not.

Prisoner. This is not the Robert Harrison which made the letter of attorney to me.

Q. to Harrison. Was there any other Robert Harrison on board your ship the Rye man of war?

Harrison. No, my lord.

Q. to Beaden. Was there any other Robert Harrison on board the Rye?

Beaden. There was not, nor on board the Captain neither as I know of. The prisoner demanded the money in the name of Robert Harrison on board the Rye man of war. I found in the list there was one Robert Harrison on board the Rye entitled, &c.

William Hill. I live at the King's-Mill Redriff. I am clerk in the Victualling-Office; I had a letter from Whitby of recommendation from his friend before he came, desiring I would assist him in getting his money; he gave me this letter of attorney; he signed it in my office the 21st of September; I came up to have it re-executed before my lord mayor, and on the third of this instant I went to Mr. Beaden's in order to receive the money for Mr. Harrison; when I came there he told me one Mrs. Davis had been there for it, and he had given her a draught for the money to one Mr. Tiscoe a Banker, &c. in Lombard-street; I made the best of my way to Mr. Tiscoe's, in order to get there before her; she was not there; they desired me to stay a little; I stepped into a coffee-house just by; when she came, one of the clerks came and told me; I went and ask'd her by what order she came to receive that money; she shew'd me the letter of attorney, and from that time I kept it; she said it was made to her by one Robert Harrison ; we took her before my lord mayor, and she was committed.

Prisoner's Defence

When Robert Harrison made me this letter of attorney, he told me he was going into the west of England, and it was for prize-money due to him on board the Rye, there was a witness by when this power was made, it was filled up in Cheapside by one James Williams .

Joseph Brown . I saw this thing filled up by James Williams at the Magpie and Horshoe in Cheapside, the man said his name was not wrote right, and he had it scratched out and wrote again; they said, do you think my lord mayor will execute this? I said not; then he said it is only going back again for another. I never saw the woman before to my knowledge; I did not see the man scratch the name out, but I saw the scratches on the paper, I was not in the same box where they sat.

Q. Was you acquainted with this James Williams ?

Brown. No, I was not.

Q. Did you see a man write the name Robert Harrison opposite the seal?

Brown. I saw a man, named Robert Harrison , write it.

Q. Where do you live?

Brown. I live in St. Catharine's.

Q. Did you ever see one of these fill'd up before?

Brown. No, my lord, I never did.

Q. Where is this James Williams ?

Brown. I cannot tell; I never saw him before.

Q. How came you to be at that alehouse at this time?

Brown. I happen'd to carry some linen to the prisoner's to be mended; and she said there was a letter of attorney to be made to her; so she desir'd I would go along with her, to see it done; Harrison and she had been together before; and he was to meet her there, with a blank. There were several people in the publick room when it was done; but I don't know the names of any. I did not know the name of Williams, but by my seeing him write his name. The letter was put into his hand, to find the name Williams. There was no such name upon it.

To her Character.

Elizabeth Fitzgerald . I have known the prisoner six years; she is a very honest woman.

John Bass . I have known the prisoner some years by sight; she has a very good character for what I know.

Guilty Death .

644. Thomas Wood , was indicted for stealing two silver tea-spoons, value 3 s. the goods of William Bell , Oct. 10 .

Acquitted

645. Mary Fletcher , was indicted for stealing 10 guineas, and 2 s. and 6 d. the money of Thomas Wittnell ; in the dwelling house of George Carlow , May 7 .

Thomas Wittnell . I had been merry-making with a ship-mate; coming home between twelve and one, between the 6th and 7th of May, the prisoner picked me up in Cable-street, and carried me into Carlow's house; she asked me to go to bed; I said, yes; accordingly she got a Candle, and we both went up stairs: said she, pull off your cloaths; I laid my cloaths on the bed, and my breeches under my head; we both went to bed immediately; after that I went to sleep. I had 10 guineas, and half a crown in my pocket, when I went into the room; I had told it that very same evening; I awaked between 4 and 5 o'clock, and look'd about, and found the prisoner was gone. I put my hand under the pillow, and felt my breeches, but the purse and money was gone; then I went to feel in the right hand pocket, and the half-crown was gone; so I had nothing but 3 or 4 pennyworth of halfpence left; I told the man of the house of it, he was much affrighted, and said he would not rest till he found her; he found her two days after, she was carried before Justice Manwaring, and sent to Newgate.

Q. Why was she not tried before now?

Wittnell. The evidence was out of the way, and I was very ill; so I could not find the bill before; she was then discharg'd.

Q. Did you get your money again?

Wittnell. I never saw purse or money since; after I got well, and a little money, I thought proper to take her up, to do myself and my country justice.

Q. Was you drunk at this time?

Wittnell. I was not, nor near it.

On his cross examination, he said, he was coming from Ratcliff Cross at this time; that he did not fall in with any other company; that Carlow never applied to him since, about the prisoner.

Mary Proby . About the 4th or 5th of May I lay in the same room, up two pair of stairs, with the prisoner, and prosecutor; but I was in another bed, and went to bed after them; when he was asleep, Mary Fletcher awak'd me; she took the man's shoe in her hand, and shew'd me the buckle, and said, she thought that was her property; she wanted me to take the watch. She laid the watch down, and the shoe, and did not take the buckles; she said she was a-dry, and ask'd me to go with her, which I did, as far as White Lyon-street, almost a quarter of a mile from Carlow's house; she shew'd me a little purse, tied with two strings, with 5 guineas, and a new half crown in it; she said, if he did not pay her, she'd make bold to pay herself; and told me, as I was bare of cloaths, she would take me to Monmouth-street, and buy me a gown.

On her cross Examination she said, she never saw any harm in Carlow's house; she had seen men and women go to bed together there; that since this affair there has been a prosecution against the house, for a disorderly one; that Carlow apply'd to her, to be an evidence now; and that the prisoner had been an evidence against Carlow, in the other prosecution.

Acq.

646. Patrick Mulling , was indicted for stealing 50 pounds weight of lead, value 4 s. the property of John Hope , Sept. 29 .

Guilty 10 d .

[Transportation. See summary.]

647. Philip Doller , was indicted for stealing one silver tankard, value 14 l. the property of David Green ; in the dwelling house of the said David , Sept. 17 .

Martha Green. I am wife to David Green; the prisoner came into my house the 17th of Sept. between seven and eight at night, and call'd for a tankard of beer; I keep the King's Head and Billiard Table, near Ratcliff Cross ; he had another man with him; he said he did not drink beer; I carried him half a quartern of rum. He call'd the other person Bourne; then he call'd for some oysters; he had a halfpenny worth of bread, and paid for it; then he call'd for some gin to treat a lodger of our's; then he ask'd Bourne if he'd drink any more; then he said, bring a pint of beer, and half a quartern of rum, and put them into the tankard; it was a silver 3 pint tankard; he gave me a shilling, and I gave him change. I went into the bar; all the company that had been in that room, but themselves, were gone; then I saw Bourne go out with a pipe in his mouth, about half an hour after nine o'clock; after he was gone, I saw the tankard standing upon the end of the table; then I was call'd into another room to take my reckoning; I staid about five minutes; when I came out again, the prisoner and the tankard were gone; they had had three reckonings, the time they had been there; I search'd directly for the tankard, but could not find it. When the young man came that had drank a dram with him, I ask'd him if he knew the prisoner; he told me a house where he us'd to drink, at the Blue Anchor, in Goodmans-fields ; I went there the next morning, the man said he had not been there for a fortnight, but directed me to the Crown and Thistle in Ailoffe-street. I went and got a warrant, and constable; he was taken there, and brought to the Red Lyon, in Red Lyon street; there I was sent for; he was taken before Justice Rickards, but would not confess any thing.

William Harding deposed to his being at the taking the prisoner; and that he went to Bridewell some time after, to see a person that owed him same money ; and there said, in the bearing of the prisoner, he supposed Bourne would be hang'd. The prisoner made answer, and said, it would not be through me, for I have been loyal enough in this affair.

Prisoner's Defence.

I was going that way about a month ago; a sailor met me, and ask'd me if I would go and have some drink with him ; I said yes; he carried me to this woman's house; I said, I never drank any beer in my life; I must have a quartern of rum; I had it, and paid her for it; he went away, and Mrs. Green has sworn there were no body else in the house. I left five people in the house when I went out; particularly one was a constable. The next day they came to me at the Black Lyon in Ailoffe-street ; Mr. Harding came up first, and wanted me to make it up; and said, if I would not, he'd swear against me; I knew he was no friend of mine. I saw the constable coming towards me, I had been inform'd Mr. Newman at the Anchor and Crown had a warrant against me; so upon my seeing them I ran, and Mr. Harding came, and laid hold of me.

Prosecutrix. There was no soul in the room when he went away; the rest went away about an hour and half before.

To his character.

Thomas Walker . I have known the prisoner seven years and half, he has an extreme good character as ever I heard, I have often left him alone where I have had 6, 7, 800. or 1000 l. and nobody to obstruct or molest him, and he never attempted to meddle with any thing.

David Kennear . I have known him about seven years, he lived with a cheesemonger in Thames-street, next door to me about four or five months; he always had a very good character for what I know.

George Darvey . I have trusted the prisoner with a great deal of money, and a number of goods divers times; I always found him the most strict, honest man, in the world.

Peter Adkins . I have known him about two years; I never heard any thing to his misbehaviour in my life.

Acquitted .

648. Thomas Price , was indicted for stealing 2 linen aprons, value 2 s. 3 linen hoods; one linen cap; one pair of lawn ruffles; 3 dimitty stomachers, and other things , the goods of persons unknown.

Sept. 28 .

Acquitted .

649. Jane wife of John Hill , was indicted for stealing one linen sheet; one copper sauce-pan; one stew-pan; two pewter plates, and one napkin, the goods of Walter Davis , in her lodgings, let by contract, &c . Oct. 15 .

Guilty 10 d .

[Whipping. See summary.]

650, 651, 652. Thomas Odel , John Pryor and Robert Buridge , were indicted for robbing James Booker , on the king's high-way, of one purse, one penknife, and 3 s. 6 d. in money , Sept. 9 .

***At this sessions there were about 60 prisoners tried, some of which trials being pretty long and 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 four-penny books.

N. B. The second part will be published on Friday next the 2d of November.

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 17th, Thursday the 18th, and Friday the 19th, of October.

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

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

BEING THE Fourth 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.

James Booker .

ON the 9th of September I was going up Saffron Hill , where I live, betwixt one and two o'clock in the morning; I met with the evidence I have here, and there other persons, I know two of them perfectly well; that is Pryer, and Odel; the other I cannot swear to. They took hold of my coat, and I said, holloo; one of them said, it is your money we want; another clapt a pistol to the side of my head; and two of them held sticks to me; to the best of my knowledge, it was Odel demanded my money, and Pryor had the pistol; I told them I had but a trifle about me; that was about 3 s. and 7 d. halfpenny; they took 3 s. 6 d. a penknife, and my wig; the evidence has that on now. They swore they would blow my brains out if I murmured; I took three shillings out of my pocket, and believe it was Odel that took it out of my hand; then I pulled out my halfpence and a penknife, they took that; then the evidence ( Emanuel Clerk ) looked me in the face and swore he would have my wig, and went behind me and took it off. I had a handkerchief about my neck, one of them swore he would have that; I said it was worth very little; then Odel said, come along; Pryor staid with me with the pistol to my head, till I saw them near 20 yards off, and swore he would blow my brains out if I offered to follow them, or make a noise; then he left me, and I went home.

Q. What it light?

Booker. The moon shone as bright as ever I saw it with my eyes. I cannot be positive to Buridge.

Emanuel Clark . On the 9th of September last, between one and two o'clock in the morning, the prosecutor was coming up Saffron-hill, Pryor clapped a pistol to his head ; they demanded his money; the prosecutor took his money out, and Odel took it of him. Buridge catched hold of his collar and d - d him, and said he would have his handkerchief; the gentleman said it was not worth taking, so he let it alone. I stood on one side and took his wig and gave him mine; I saw no copper, only three shillings.

Pryer's Defence.

I never saw that evidence before with my eyes.

[Odel and Buridge said the same.]

Q. to Clark. How long have you been acquainted with the prisoners ?

Clark. Not above four or five days before this; I knew Pryor before, he lived just facing my habitation about a year and half; I had known Odel above a week, I came acquainted with him the 3d of September. Buridge took me to a disorderly house in Chick-lane, where Odel was; we being then locked out determined to go together for Buridge.

Margaret Price . I have known Buridge from his birth to be an honest child, he is a watchmaker.

Thomas Walton . I have known him about four or five years, I served the latter part of my time to his master, and was fellow servant with him; I never heard any ill of him.

Richard Davis . I never knew any ill of him, and have known him from a child.

Matthew Seagrave . Buridge is my apprentice, I have had five, but he is the most industrious one I ever had; as to this unhappy affair I cannot say any thing to it; he is a very good workman, and will get me a guinea a week.

Q. Was he at home that night the robbery was committed?

Seagrave. No, he was not that night.

Buridge. I lay at my mother's that night.

His mother-in-law was called, who deposed she went to bed that night about 11 o'clock, and the next morning about seven she found him in bed at her house, that he could not came in after she was in bed, but she did not know when he came in.

Thomas Wood . I have known Buridge about nine or ten years, I never knew any harm by him.

All three guilty Death .

653. John Brown , was indicted for stopping Patrick Hailey on the king's high-way with an intent to rob him , October 10 .

Patrick Hailey . I am an Irishman ; I met the prisoner about a mile and half on this side Hampstead about the hour of seven at night on the 10th of October; he came within a small distance of me, I turned about in a fright and asked who that was; said he, it seems you are in a fright; no, said I, I am glad of company; he walked along with me about a mile, then I walked a little faster; when I came near the town, he came up to me and knocked me down with this stick (holding the short end of a broomstick in his hand.)

Q. Where was you when he knocked you down?

Hailey. Near the Foundling-Hospital ; what money I had about me was in my waistcoat pocket; I got him by the legs, and over-powered him ; I took the stick from his hand and gave him some blows; he made haste away; I pursued him, and cried murder ; I seized him the second time; I took the handkerchief which I had about my neck and clapped it about his neck, and cried murder a second time; seeing no assistance I thought to drag him into town, crying out murder at the same time; then he said if I would let him get up he would walk along with me; he put his hand into his pocket, I thought he was looking for a knife, so I took hold of both his hands, and with my other hand took him by the neck and brought him into town. He acknowledged before I brought him to town that he designed to take my money, being drove to necessity, and wanting subsistence. My hat, wig, weights and scales which I had on my head, together with his hat and wig, were found at the place where he knocked me down.

Prisoner's Defence.

In the first place he says he met me; I overtook the man, he asked me if that was the way to town; I said yes; he went one way and I another; I had walked with him the value of a mile; he made a brush against me, upon which I struck him; then he cried out murder, and said he would swear a robbery against me. I never offered to take any thing from him.

Guilty .

[Transportation. See summary.]

654. Eleanor Digsby , spinster , was indicted for stealing one linen bag, value one penny; one half guinea, the property of Andrew Saunders from his person secretly and without his knowledge , October 5 .

Andrew Saunders . On the 5th of this month I was coming from Kensington to London, I went into a publick house and drank two or three pints of beer, this woman happened to be in the same house; dropping into company I staid longer than ordinary; I pulled my money out at that house and said I was going to London to buy me a new hat; I went from thence to the halfway house betwixt that place and Knightsbridge; there I drank part of two or three pints of beer; finding myself a little later than ordinary I had a mind to go back again ; I went back again to the house in Kensington where I came from; there I put my hand into my pocket for my bag and half guinea, but could find neither; the landlord was gone out; the prisoner came in with the bag and half guinea; I can swear to the bag; she was in company with me when I lost it, and when I came back the pretended to go along with me to take care of me.

Q. What time do you count you lost it?

Saunders. between eight and nine o'clock at night; then she gave me the drop.

Q. Did you perceive the woman put her hand towards your pocket?

Saunders. I did not.

Q. How came she to be thus long in your company?

Saunders. I cannot tell that, I never saw her in my life before.

Q. Was you sober?

Saunders. I was very sober.

James Hill. I keep the Thistle and Crown at Kensington. This woman works in the king's ground; the prosecutor came into my house to drink a pint of beer, and she came to ask my wife to trust her for a halfpenny worth of gin; the man owed me a shilling, over night he pulled out a bag with a half guinea and some silver in it; I saw him put the bag into his pocket before he went out of my house. After that I went to Smithfield; when I came home this woman came into my house and asked for a pint of hot; my wife went and made it; then she wanted change for a half guinea; some of my lodgers said, such a man was robbed of a half guinea on the road; I locked the door and kept her in custody, and sent for the prosecutor; he came; we sent for a constable and searched her and found this purse upon her (it was produc'd in court, the prosecutor depos'd to it: in the struggle the half guinea fell from her; but we never saw it after that; before the Justice she said, she found it.

Q. Was the prosecutor sober when he went out of your house, to go towards London?

Hill. I believe he was not in liquor.

Prisoner's Defence.

I was in that gentleman's house; I call'd for a pennyworth of beer, but I never drank with the man; I was coming along towards Knightsbridge ; this man came along and said, dame will you go and drink? I said, I had no money; he gave me part of three pints of beer, and a quartern of gin; then he insisted on my going back with him again, to see him safe home ; going along, he wanted to lie with me; he wanted to give me some money, and I would not take it; and after the struggle, I found this bag in the high road.

Acquitted .

654, 655. Henry Thompson , and William Hodges , were indicted for stealing two gross of whip strings, value 6 d. the property of Jane Buckingham , widow , Sept. 19 .

The prosecutor not appearing, they were acquitted .

They were a second time indicted for stealing half a hundred weight of fat, value 2 s. 6 d. the property of William Stamford , Sept. 19 .

The prosecutor not appearing, they were acquitted .

656. Elizabeth wife of John Terry , was indicted for stealing one flaxen sheet, value 2 s. the property of Charles Williams , one piece of dowlass value 4 s. the property of James Wells .

Guilty 10 d .

[Transportation. See summary.]

657. John Meal , was indicted for stealing one handkerchief, made of linen and cotton, value 1 s. 6 d. the property of Francis Griscome , privately from his person , Sept. 26 .

Francis Griscome . On the 26th of Sept. coming along the Fleet market about 7 o'clock at night, there were two boys fighting, and a crowd about them; I went to see, and felt a shoving going to get away; I put my hand to my pocket, and miss'd my handkerchief, I saw the prisoner with it in his hand. I went and collar'd him, he threw it between two baskets; I kept fast hold of him, and took it up; he made a noise, and several people came up to rescue him from me; I said, will no body help me? then two butchers came to my assistance; I had receiv'd several blows from some of them. These butchers said, the prisoner was a common thief, and they would help me to a constable; he went to the compter that night, and he next day I took him before Sir Robert Ladbrook ; there he confess'd the fact, and was committed to Newgate. The handkerchief was produc'd in court, and depos'd to.

George Kellet . I am a constable; I heard the prisoner confess he took the handkerchief from the prosecutor, to put about his neck.

Prisoner's Defence. I did not take it.

Guilty 10 d.

[Transportation. See summary.]

658, 659. Mary James , spinster , and Mary Dunnivan , widow , were indicted for stealing one silver table spoon, value 7 s. one cotton gown, value 12 s. one child's linen frock, value 1 s. 6 d. one cloth cloak, value 1 s. 12 yards of linen cloth, one quilted petticoat, and other things ; the goods of Thomas Leach , Sept. 28 .

Thomas Leach . I live on Snow Hill , I am a leather-seller ; Mary James had lived a servant with me a fortnight; on friday morning, the 28th. of September, she went out about 6 in the morning; my brother went down and found the door open, and no body there; he came and told me as I lay in bed; I got up, and she was not to be found; I suspected something might be lost; I looked about, and miss'd a silver spoon, also a child's cotton gown, not quite finish'd; a child's colour'd frock, a short red cloak of my wife's, 12 yards of flaxen cloth, a straw hat, a cotton gown of my wife's an apron, a black calamanco quilted petticoat; I went about in the neighbourhood, thinking she might have pawn'd them. After I was come back, John Rawlings came and ask'd me my name, I told him; he said, Was not you robb'd over night? I said, I had been this morning; he ask'd me what things I had lost, I mentioned some of them; he said, he had the girl and things at his house; I went with him, and found some of the things and Mary James , who directly own'd she had taken them away that morning. I cannot swear any thing against the other person, only Mary James said, she gave her some of the things, which she carried to pawn.

John Rawlings . I am a pawnbroker, and live in Long Acre; on friday was fortnight Mary James brought me this spoon; she told me she was servant to one Mr. Leach; I said, I must send to him, to know if he had knowledge of it; she immediately confess'd he knew nothing of it; and that she got up to go to fist the cinders in the street, and took the opportunity to take the things away; She had a bundle in her lap, which were the other things; the cloak she had on; she gave me 4 s. 6 d. which she said she had of another woman, who had pawn'd the gown and coat. The other prisoner was at the door, but I know nothing of her being concern'd, any further than what Mary James said.

Thomas Pretty . I am a pawnbroker, I live near Long Acre; on the 28th of Sept. Mary Dunnivan brought the gown and petticoat to me, and told me they were her own; I lent her 9 s. upon them. I had known her some time, by her using my shop. I did not see the other prisoner.

Mary James 's Defence. I got up in the morning, and was going to wash; I had sifted my cinders. This other prisoner came to me, she us'd to desire me to bring things away from my master's several times; she said, if I would take some things away, she would pawn them; she look'd on the silver spoon, and said, there was no mark on it, and it would do very well to sell to a silversmith; she brought but 8 s. for the gown and petticoat, and demanded half a crown of me, and 9 pence for carrying the things; and a shilling for her breakfast.

To her Character.

Elizabeth Musk . I have known Mary James about a year and half; I never knew or heard any ill of her.

Mary Chaddock . I have known her about three quarters of a year; she is as honest a girl as ever I saw in my life.

James Guilty .

Dunnivan Acq .

[Transportation. See summary.]

660. Robert Soloman , otherwise Blind Isaac , was indicted, for aiding and assisting Robert Clark , otherwise Plunder, in making his escape out of Newgate , Aug. 23 .

To prove Robert Clark was a prisoner in the county goal of Newgate, the copy of his indictment was read, for not surrendering himself, according to the king's order in council; which was dated Sept. 8, 1747; under the hand of Justice Fielding.

Mr. Ackerman. Robert Clark was committed by Justice Fielding, as an outlaw'd smuggler; upon this commitment he was put into a room in the Press-yard, which I thought to be as well secured as any place in the goal; there were double bars at each window. He escap'd from me the 23d of August last. When we came to be alarm'd of it, about 2 o'clock in the morning, we found the bars of the window cut; one of them was produc'd in court; it seem'd to be done with a watch-spring saw. Clark and the prisoner at the bar were both gone; we found the machine fix'd with two wooden screws to the window where they got out; the machine were pieces of wainscot about nine inches long; each piece fitted with a half round into the next, where was a hollow to receive it, as the edge of a folding table, screw'd together through plates of iron, with four nuts on the opposite side, so secured as to make it stiff and stronger than a solid plank; the other end of it had a cushion fixed to it, so lowered down upon a neighbouring house; then they tied some sheeting and blanketing cut in long slips together, and fastened them to the window-bar, and carried it quite over the top of this house, so let-themselves down by it into Phoenix-Court, which comes into Newgate Street. Mr. Ackerman paid the reward for the re-taking the prisoner.

Prisoner. I don't desire to give the court any farther trouble, I am guilty of it, I assisted in putting the machine out of the window, and cut the sheets and tied the pieces together.

Guilty .

[Transportation. See summary.]

662. Thomas Reynolds , was indicted for inlisting and detaining John Carnes for the French king's service as a soldier, without leave or licence before obtained, &c .

John Carnes . I became acquainted with the prisoner about the first of June last, he lived at the Robin Hood and Little John in Broad St. Giles's, and kept what we call in the vulgar tongue, a bawdy house, a night house for all sorts of people whatsoever. The first time I went in tansiently as I passed by to have a pint of beer, I knew nothing of him at that time; I happened (to tell the truth, my lord) to meet with a sweetheart there, so I went there several times after that; sometimes I staid all night, as he furnished me with a bed and female bedfellow. There were ladies of all tastes, both for soldiers and sailors. One time I had but a shilling, and some halfpence about me. I told him I did not want to wrong him, telling him what I had about me; he said, don't mind that, you shall not want liquor; there came in a young gentleman, about 5 feet 11 inches high, dressed well, with velvet breeches, a large hat, with a feather in it, silk stockings turn'd up his knees; he was pleas'd to call me a clever young fellow; I did not think I was, till such time he told me so.

Q. Was this the first time of your going there?

Carnes. No, sir, this was after I had been there several times; about the 4th or 5th of June the prisoner ask'd me how I lik'd the guards; before I belong'd to the guards, I belong'd to the regiment lately commanded by General Ponsonby ; said he, I remember when any of the guards get into trouble, they stand a chance to be whip'd by a cat o'ninetails; said I, so they do very often, but I never was whip'd with a cat o'ninetails yet; said he, I can put you into a better way of living; 4 s. 6 d. per week does not go a great way in London, without a man has a trade, or some other way of getting money, besides his pay; said he, you had better take a little of my advice, and go where I desire you to go, it will be to your profit. Said I, I'll go; where is it? said he, if you'll go into the French service, you cannot be liable to any punishment, without you be a thief, or a rogue; but for getting drunk, or a little small fault, he is never punish'd. I went to bed then; the next morning he ask'd me some more questions; said he, I'll tell you how it is, I can get you out of these guards; said I, if you put me into a better way I'll hear it; he shew'd me about 14 or 15 different coats, some marines; some soldiers, of marching regiments ; said he, go down to Dover, to the sign of the city of Calais, and I'll send a guide along with you; there you shall be kindly receiv'd by two persons, Russel, and Purcel, but the principal was this Purcel; Russel kept the house, and Purcel was one that was prosecuted last Assizes ; said I, I cannot go out of London with my regimental cloaths on; said he, I'll give you a frock, and a hat; leave your's with me; which I did.

Q. Did you agree with him to go?

Carnes. I did, I was to have 25 crowns paid me at this sign of the city of Calais.

Q. Did you upon this set out?

Carnes. Yes, sir, I did, and a guide which he sent along with me.

Q. Who was this guide?

Carnes. It was a lady; I deliver'd my coat, waistcoat, and hat, to him, and we set out pretty early in the morning, the 13th of June; she had money plenty of the prisoner, to carry me down.

Q. How do you know that?

Carnes. She told me so.

Q. Did you see the prisoner give her any ?

Carnes. She shewed me gold, and I saw him give her money for that purpose.

Q. Did he give you any?

Carnes. No, he did not; he gave me victuals and drink in plenty. She went down along with me as far as Sandwich in Kent. The prisoner gave me advice, when I went out of London, not to pass any of the great towns but in the night, for he said he had several times gone down there with the French ambassador's livery upon him, and passed back in the night time with persons to go to serve in lord Ogleby's regiment in the French service. When I got to Sandwich, then I began to think of the evil I had done; I left my female guide there, and went right on to Dover-Castle, where there were two companies of Scotch Fuzileers, and I went to a relation of mine, whose name is Hope, and told him what I had done.

Q. Did you not go into the town of Dover?

Carnes. No, I did not, the Castle is out of the town; I went also to a serjeant-major of the Scotch Fuziliers, and told him I belonged to the third regiment of foot-guards commanded by the earl of Dunmore. I desired him to write back to the regiment.

Q. Consider well; did you agree with the prisoner to go and enter into the French service?

Carnes. I did agree with him so to do.

Q. You say he gave you liquor? did he give you that to encourage you to undertake this?

Carnes. It was for no other intent. The woman bore all my expences, I was not one farthing out of pocket.

Q. How long were you in going to Sandwich?

Carnes. We lay three nights by the way; one place where we lay was about half way betwixt this and Rochester, 15 miles from London.

Q. What is the woman's name?

Carnes. I don't know that, she was one of his ladies that attended the house.

Q. Do you know whether she had the money, she bore your charges withal, of the prisoner?

Carnes. His intent of giving her the money was in case I had been taken up, then I might say I never received a farthing of money from him; this was to keep him free of the law. He told me on our setting out she had plenty, and I should not want either victuals or drink.

Q. Are you sure he told you this ?

Carnes. He told me so a great many times, and when we went out of his house in the morning, after we had drank two hot pots together, he opened the door, and wished all good fortune, and said don't be afraid, this woman has money enough, and when you come there you shall have money enough; so we went on together, and passed as man and wife.

Q. Did you agree with him, or was you to agree with Purcel ?

Carnes. I agreed with the prisoner.

Cross examined.

Q. How happen'd it you went first into the prisoner's house?

Carnes. As I might in any other house in Lon don.

Q. Did not you know it was a bawdy house?

Carnes. No, not at first going in.

Q. Did he begin this conversation, at your first going there?

Carnes. No, not till I had been there three or four times.

Q. Was it for the sake of your nymph, or the prisoner's conversation, you went there?

Carnes. It was to lie with the several young women that were there, that made me go three or four times.

Q. At whose expence was you entertain'd there?

Carnes. The first time it was at my own expence; the second and third times, it was at part my own, and part some of the female sex, that were there; and after that by his expence.

Q. Did you never run on tick there?

Carnes. No, I never did in my life.

Q. Had you any letter of recommendation to Purcel?

Carnes. No, none at all; I had no writing, but the woman had.

Q. Had you been conversant with her before you set out?

Carnes. Yes, sir, I had 5 or 6 times before; but I was as free with other women at his house, as with her.

Q. Where is she now?

Carnes. I don't know.

Q. Had you ever your own regimentals again?

Carnes. Yes, sir, the serjeant of the company that I belong to, went to the prisoner's house, and brought this coat I have on; he had my ammunition waistcoat there, out of the bar.

Q. Have you a wife?

Carnes. Yes, sir, I have.

Q. Did not you pawn your hat?

Carnes. No, sir, I never did in my life.

Q. Did not your wife pawn it?

Carnes. That wife was one of the prisoner's own producing; I deliver'd it into the prisoner's hands.

Q. What did you do with your arms and accoutrements ?

Carnes. I left them in my quarters; the prisoner said, suppose you should meet any soldiers on the road, you had better cut your hair off. He also desired me to bring my firelock, arms, and accoutrements to him, and he knew a safe way to send them over; said I, that is death without mercy, I'll never dispose of his Majesty's arms; he called me fool, saying, he knew which way to convey them safe over, and that he had conveyed pieces of the Tower arms over before then.

Serjeant John Templestone . I know the last witness, he is a soldier in the company I belong to. I inlisted him myself.

Q. Did you ever miss him from your regiment?

Templestone. He went away for some time. We began to enquire after him; we had intelligence by some people who had seen him at the prisoner's house; I went there and took two or three more people with me, and enquired if he knew John Carnes a soldier; (the prisoner seemed very much confused, he went and talked to his wife) yes, said he, I do know him; pray, said I, do you know any thing of his leaving any cloaths here? said he. I would have sent them to the people they belong to had I known where to send; so he went and brought me Carnes's coat and waistcoat, the hat he denies. Carnes said he left the hat there, and I believe I have an evidence here that knows it was left there; the prisoner said Carnes lodged some nights in his house, and told me he was gone out a hay-making with a woman.

- Riley. I have known John Carnes ever since the 5th of June last; I saw him at the Robin Hood and Little John in Broad St. Giles's; I found a regimental hat in the bed where I lay up one pair of stairs backwards, and delivered it to the prisoner's wife, it was a new one; I was going to crop it for myself. The prisoner was then asleep.

To his Character.

William Johnson . I never saw any thing by the prisoner but what was honest, I lodged in his house about two months before his confinement; I came home in the Eltham man of war between five and six months ago; when I came to London I happened to lodge in his house.

Q. Did he ever endeavour to intice you abroad?

Johnson. No, never.

Q. Did you ever hear him talk in this nature to any others?

Johnson. No, I never did.

Q. What sort of company is there in that house?

Johnson. There were people came in and out, who called for beer.

Q. Were not there women resorted there very frequently?

Johnson. There were, but whether they lay there I cannot tell.

Sarah Barker . I have known the prisoner between seven and eight months; I never was in his house but when his wife lay in; he bore as good a character as any man in the world for what I heard.

Q. Did you ever hear he encouraged people to go abroad?

Barker. No, Sir, I never heard he did.

Q. Do you live near him?

Barker. I live about a quarter of a mile off his house; I nursed his wife.

Q. Had he many people come to his house?

Barker. He had a neighbourly share of customers, but I was very seldom down stairs.

Q. Was you ever at Sandwich?

Barker. No, sir, I never was.

Guilty Death .

663. Francis Godd , was indicted for stealing one hempen bag, value 12 d. 36 pounds weight of cocoa, value 48 s. the goods of persons unknown.

Nathaniel Harris . On last Saturday morning, coming along Radcliff Highway, I saw the prisoner and another person walking together; the other person had a bag on his shoulder; by the appearance of them I imagined the goods were stolen, and so followed them.

Q. What time in the morning was this?

Harris. It was betwixt eight and nine o'clock; I observed them to carry this bag into the house of one Macdaniel, a chandler's shop in Rag-fair; they came out again together in about two minutes time; I passed by the door about ten yards to see the event, and there made a stand; I saw them both go into a publick house over the way; I went up to Mr. Macdaniel and said, I hope you are not concerned in the merchant's goods, pray who are the two persons which brought these goods into your house? said he, I know one of them very well; then he called out Dodd, (the prisoner at the bar) who came out; Mr. Macdaniel crossed the way to him and said, pray what goods have you brought into my house, you are the person that brought them in, for I know nothing of the other man; then I took hold on the prisoner and said, I have watched you some time giving him a detail of the matter; said he, I know nothing of this thing; then he wanted me to go to another publick house.

Q. What house did he come out of?

Harris. He came out of the Gun and Hollybush, and wanted to go into the Coach and Horses in the Tower liberty; said I, I insist upon keeping you here till I can send for a proper officer; but before one came, there came a neighbour, and he and Macdaniel did engage to keep him whilst I looked for the goods; I went, and in the back part of the house I found these goods. (They were produced in court according to the indictment.) It is the same bag they were carried in, that I am certain of. After the prisoner was taken in charge I had him before alderman Bethel, there he acknowledged he was the person that was intrusted to sell the goods, and that he had them that morning at a publick house at Rotherhith, I think the sign of the George.

Q. Have you heard since whose goods they are?

Harris. No, I have not; I advertised them, but have not had any intelligence of an owner?

Prisoner's defence.

When he took me he asked me what business I had with them goods; I said they were honestly come by; said he, I'll know that; he brought me and left me in the Compter, and went to alderman Bethel, and had a commitment made ready to send me to goal immediately; said I to alderman Bethel, these goods were sold to me, I agreed with Mr. Jenkins and Mr. Wright, I am to give them so much for them; I asked them if they were honestly come by; they said they were, and that no hurt should come to me; they have attended every day this week, and are now hard by; they told me if I would send any body for them when there was occasion, they would come and give their evidence here in court.

For the Prisoner.

William Jenkins . I live near Rotherhith Church, close by the Stairs.

Q. Do you know the prisoner?

Jenkins. I do very well, sir, this bag of cocoa Mr. Slocomb, who is steward to the ship Chester, gave us to dispose of for him.

Q. Who do you mean by us?

Jenkins. John Wright and I.

Q. What is the captain's name?

Jenkins. His name is Arthur Pain .

Q. Did you dispose of them?

Jenkins. Yes, sir, we did to Francis Dodd , prisoner at the bar, on Saturday morning last.

Q. Did he pay for them?

Jenkins. No, he did not; he paid 6 s. in part of payment for them; he was to give 11 d. halfpenny per pound; the remainder came to 24 s. 8 d. it all weighed 34 lb. with the bag, for which we allowed 2 lb.

[ John Wright deposed to the same effect with this addition, the ship Chester came from Antigua; we knew the prisoner a great while before the man at the George told us be would buy them.]

Q. What is the landlord's name?

Wright. His name is Barker.

Q. Should not the prisoner have had a permit?

Wright. I don't know, my lord.

William Slocomb . I am steward on board the ship Chester, the came into the river on the 30th of August from Antigua; one John Key and I bought half a hundred weight of cocoa between us in that country, some we made use of in our passage home, and the rest I gave Jenkins and Wright to dispose of for me.

Q. Are these some of them?

Slocomb. I can swear to the bag, it was a bread bag with No. 2. upon it. He looked upon it, and said be could swear it was the same be delivered.

Q. to Harris. What are you?

Harris. I am an officer in Whitechapel-Court. Acquitted , and the goods delivered to Harris for him to carry to his Majesty's Custom-house.

664, 665. Anthony Kenton and Christopher Emerow , were indicted for robbing Frances Cosgrave of a beaver hat, value 14 s. on the king's highway , July 15 .

Both acquitted .

666, 667, 668, 669, 670. Henry Kelso , Anne Kelso , Susannah Dodd , widow , Charles Green , and Thomas Crompton , were indicted for stealing one pair of sheets, one pier-glass, value 3 l. one chimney-glass, value 30 s. five China plates, value 5 s. the goods of David Evans , in the dwelling house of John Evans , April 11 .

David Evans . I was servant to my lady Abercorn , I did not lodge in the family, but I lodged at one John Evans 's in Great Poultney-street .

Q. Have you lost any thing from your lodgings?

Evans. I lost a large pier-glass, a chimney-glass, a pair of sheets, five China plates, and a sauce-pan. They were lost the Wednesday before Good Friday at night; I missed them that very night; I found the key in the door, and my China gone out of my beauset.

Q. What do you charge the prisoners with?

Evans. I have admitted Anne Jones an evidence, I had left her in care of them, and she was gone and the goods too. (The goods were produced in court.) These are my goods, though these people have the impudence to say they were stolen, and I stole them.

Cross examined.

Q. Are you servant to lady Abercorn now?

Evans. No, I am not now.

Q. When was you dismissed ?

Evans. Since June last.

Q. Did this woman, you have admitted an evidence, and you pass for man and wife?

Evans. No, sir, she lived with me as a servant, her maiden name was Evans.

Q. Have not you yourself declared that that woman was your wife, and you received her as such in company, and it has so passed?

Evans. I cannot say I have to my knowledge.

Q. Have you, or have you not?

Evans. I don't know that I have; she has said often I was her husband.

Q. Did not you in these lodgings cohabit together as man and wife?

Evans. No, sir, we did not; people know she has a husband and two children.

Q. How long have you known her?

Evans. I have known her these five or six years.

Q. Did you ever know her to live in the house of Mr. May?

Evans. No, I did not.

Q. Do you know the gentleman?

Evans. No, I do not.

Q. Did not you prefer a bill for a misdemeanour at Westminster against Mr. Kelso, only for receiving those goods as knowing them to be stolen?

Evans. Yes, sir, I did.

Q. What became of that bill?

Evans. It was thrown out; but I have found the right of it out since that.

Ann Jones . These goods were the last witnesses goods, and were in his lodgings where he lodged; they were carried away by the prisoner at the bar; Charles Green carried away a large pier-glass, on the 11th of April, about nine o'clock at night.

Q. What is Charles Green?

Ann Jones . Mr. Kelso's journeyman. Thomas Crompton carried away a large panel glass; Mr. Kelso was there in the day time, about 2 or 3 o'clock, and brought a neighbour of his to appraise the goods.

Q. Where was David Evans then?

Ann Jones . He was not at home; Ann Kelso was there pretty late.

Q. What time were the glasses carried away?

Ann Jones . It was dusk before they were carried away. Ann Kelso was there about the same time; she carried away some of the china plates in her apron; there were five or six in the whole; Mrs. Dodd carried away a pair of sheets; I was upwards of a month in Mr. Kelso's house, and one morning about 2 o'clock, there were four of them in company, Mr. Kelso beat me violently; one of them flung beer in my eyes, and blinded me; a gentleman that lodg'd in the house came down with a sword in his hand, or I know not but I had been murder'd. I was taken ill upon their ill usage, it cost me very dear, and I have made away with my cloaths; they were intimate acquaintance of mine, and wanted me to do this thing long before; Mrs. Kelso wanted me to strip the curtains off the bed, and to strip the house entirely.

Q. Did they come into the house by violence, or did you let them in?

Ann Jones . To be sure I let them in, I don't deny that they could not come in without my consent. He brought Mr. Ellis, with a pretence of buying these goods; they inveigl'd me, being in liquor.

Q. What did Mr. Kelso say to you?

Ann Jones . He did not say much to me that time.

Q. How did he inveigle you?

Ann Jones . I don't say he inveigl'd me.

Q. What do you mean by inveigle?

Ann Jones . I don't know the meaning of the word.

Q. Pray how came they into the house?

Ann Jones . They knock'd at the door; they came for the glasses, and other things.

Q. Did they claim the things as their own?

Ann Jones . No, they could not do that.

Q. Did they come in for them, as being their own, or to borrow them?

Ann Jones . They desir'd to have them.

Q. Did they say, let us have the glasses belonging to David Evans ?

Ann Jones . The words they said, I can't remember; but they knew they belong'd to David Evans .

Q. What did the appraiser come for?

Ann Jones . He was brought, I suppose, for a blind for the neighbours to think Kelso bought them.

Q. How long have you been acquainted with Mr. Evans?

Ann Jones . Many years.

Q. Are you a married woman?

Ann Jones . I am; and my husband works in London.

Q. Do you know Mrs. May?

Ann Jones . Yes, I do.

Q. Did you once live with her?

Ann Jones . I did, sir.

Q. Did you live with them the time when they broke up house-keeping ?

Ann Jones . I did not.

Q. Did you ever hear Mrs. May say, she had lost these goods?

Ann Jones . No, never sir.

Q. Did you not know there was a warrant granted to Mr. May, to search for goods lost?

Ann Jones . I have heard so.

Q. Was there no conversation about these goods, about the time of taking them away?

Ann Jones . They wanted to have them.

Q. Did you ever propose to sell them as your own?

Ann Jones . No, no, I had no right to sell them.

Q. Where were these goods carried to?

Ann Jones . To Henry Kelso 's house.

Q. Did Henry Kelso carry any of them?

Ann Jones . No; he did not as I saw.

Q. When did you see David Evans first, after the goods were gone?

Ann Jones . I did not see him till I was recover'd of my illness; and if I saw him, I always shun'd him.

Counsel. It is odd you did not give him an account of them, as he was your master. The chimney glass was set before her.

Ann Jones . This did once belong to David Evans .

Q. to David Evans . Is this your property?

David Evans . Yes, sir, it is. They both answer the same, as to the pier-glass.

Q. to David Evans . Are these china plates your property?

Evans. They are, I bought them, and paid for them.

Q. to Ann Jones . Are these plates your master Evans's?

Ann Jones . They are, sir.

Q. Whose custody were they in?

Ann Jones . They were in mine.

Q. Did they take them away violently, and against your will?

Ann Jones . I can't say.

Q. Did you cry out?

Ann Jones . Sir, I did not cry out, to be sure.

Q. Did you forbid them taking them away?

Ann Jones . I can't remember at that time I did.

Q. Did you make any opposition to it?

Ann Jones . I did not; they took me and these to their house, and kept me there a month, on the pretence of taking care of me entirely.

Q. How to take care of you?

Ann Jones . In giving me a character to a place, and to share the goods one among another; and I was to have part, which I never had.

Mrs. Powell. I know Mr. Kelso; I heard David Evans ask him many times after the things, and he said, he knew nothing of the woman, or the things.

Cross Examin'd.

Q. When was this?

Powell. It was in April last.

Q. Where was it?

Powell. At my lady Abercorn's; he was enquiring about his things he had lost.

Q. Do you know Ann Jones ?

Powell. I know Ann Jones by sight.

Q. Did she and Mr. Evans co-habit together, as man and wife?

Powell. Really I know nothing of that.

Q. Did you ever see them together, since this thing happen'd.

Powell. I never did.

Ann Barber . I call'd once at Mr. Evans's, and he was not at home; I call'd at Mr. Kelso's to know if he had heard where Mr. Evans's servant was, or if he had heard any intelligence of the goods; he told me he really did not know any thing of her at all; but he said, he heard he had been robb'd, but did not know where the goods were.

Q. How came you to ask Mr. Kelso this question?

Barber. Because Mr. Kelso and Mr. Evans were fellow servants together.

Cross Examin'd.

Q. What time was it you ask'd him this?

Barber. It might be about two or three months ago.

Henry Kelso 's defence. I have been acquainted with this man and woman about 7 or 8 years; I heard them say, they were married together, at May Fair Chapel ; they us'd commonly to break up house-keeping, and part their goods; they have done it four times to my knowledge. The first time he brought some of the goods to my house, and she carried her's to another house; he had her before Sir Thomas Deveil , and wanted him to divorce him; saying, she had another husband; at this time he brought a little oval table with the other things; I gave him one shilling more for it, than he could get any where else.

The next time they broke up housekeeping, every thing was carried away; not a bed, or a chair left; the third time I was sent for to be a witness to their parting; her box stood at the door, he took every thing out of it, even sleeve strings.

Then they came together again; then they fell out again, and was to part entirely; this was the time I bought these goods; she came to my house, and said, she had got two glasses she wanted to dispose of; she asked us if we would buy them of her; we said we did not want them, and I said, I would not buy them, or offer money for them, untill they were apprais'd by a proper person ; then I went to Mr. Ellis, and said, sir, there is a woman has got such and such things to dispose of; if you'll go and appraise them, I'll pay you for your trouble; then Mr. Ellis, and my wife went there together; he valued the things at about 5 l. to the wearer; I did not stay to see them taken down, or brought home. Ann Jones told us she had liv'd servant with the people who kept the Lebeck's head, and they had broke up housekeeping, and her mistress had dispos'd of the glasses to her; which she said she bought to make her husband better to her, because he had been so bad to her before. I knew no other Lebeck's head, than that in the Strand, so could hear of no such persons. I bought the glasses in April, but did not pay for them till the 14th of June; I hired her as my servant, on the 22d of May, at 6 l. a year, she continued in my service till the 14th of June, and getting in liquor one day, she abus'd some gentlemen in my house, I and paid her her wages, and also for the glasses, and turn'd her away; and have here a receipt in full for the same. I and my wife and they met together, to know whether the property was in him or in her; because they us'd to divide in that manner; my wife stated the question to him; saying, David Evans , are these your property, or are they your wife's? Said he, she may go and take them away; for if every hair on her head was a brilliant diamond, I never will live with her. This is the truth.

John Ellse . Mr. Kelso came to me in the month of April.

Q. What are you?

Ellise. I keep the blanket-warehouse; I am a cabinet-maker and do appraise goods. Mr. Kelso said, there are two glasses to be sold that I have a mind to buy if you'll go and value them, I'll satisfy you; he did not then say where they were; in the afternoon, about five o'clock, Mrs. Kelso and Anne Jones came to my house together; Mrs. Kelso said, here is the woman that has the glasses to sell, if you'll go with me now I'll satisfy you for your trouble according as you shall desire; I said I would go presently; in the mean time Anne Jones went away; soon after I went with Mrs. Kelso into Great Poultney-street, I think it was at a chandler's shop, up two pair of stairs in a sore room next the street; there I found this Anne Jones ; said I, are these the two glasses?

Q. Who did you say so to?

Ellise. I said so to them both; Mrs. Kelso said, these are the glasses I am about to buy, and if you'll set a just value on them I am willing to have them; I measured the glass-plates and set them down in my book; then I took my leave of Mrs. Jones, and Mrs. Kelso and I came away together. I said nothing of the price there at all.

Q. What did Anne Jones say at that time?

Ellise. During this time I don't know she said three words; when I came home Mrs. Kelso asked me what they might be worth; I said they might to the wearer be worth 5 l. to myself to sell not above 4 l. 10 s. He was shewn the two glasses.

Ellise. They are the same.

Q. Do you know any thing of a receipt Anne Jones signed for these goods to Mr. Kelso?

Ellise. I was told there was one which Mr. Kelso's apprentice wrote and she signed, but they have taken care to cut his evidence off by making him a prisoner, &c. Mr. Kelso had more evidences to call, but the jury said they thought there was no occasion to examine any more.

All five honourably acquitted , and Mr. Kelso ordered to take his goods home.

661. Robert Davis , was brought to the bar and reminded of his trial (see No. 577 in the last paper) and asked what he had to say for himself, &c. He desired he might have the benefit of the Clergy; he was told by the court he had had it once before, and that there was a statute-law in this realm which forbids a person to have it a second time. To prove which the record of his conviction was read, which was for stealing, on the 30th of April, in the 12th year of his present Majesty , 60 pounds weight of tobacco, value 40 s. the goods of persons unknown, in company with Thomas Foster , tried at Justice-Hall in the Old-Baily, Wednesday the second of May, brought in guilty 4 s. 10 d . and that then he prayed for the benefit in such case made and provided; therefore he was transported for the term of seven years, this being a clergiable felony .

The second record read, for stealing nine elephant's teeth , the goods of Christian Hilier . The jury found him guilty ; judgment respited last sessions.

Court.

Now you come to plead the benefit of clergy a second time; no man can have his clergy twice.

Q. Are you the same Robert Davis that was convicted in the year 39?

Prisoner. I never was convicted in my life.

William Ferguson sworn.

Ferguson. I remember in the year 39 I stopped the prisoner at the bar and one Foster at the Hen and Chickens door in the Minories, they had got about 60 pounds of tobacco; we took them to the watchhouse; the prisoner said he was a sailor and would give us two or three hands of tobacco; I told him my constable was a very good gentleman, and he must go and speak to him; the constable put the prisoner out of the door and two or three of us to take care of him; then Foster wanted to make himself an evidence, and said they had taken the tobacco out of a hogshead at Summer's-Key; they were both tried here for that fact in the year 39; I don't know the day of the month, nor the month neither.

Q. Can you tell what time of the year it was?

Ferguson. I believe it was in the spring time; I and William Crispin were witnesses against him; he was cast and transported.

Cross examined.

Q. How do you know he was transported?

Ferguson. Because I received some of the money of the merchants which they give upon such conviction; and also I took up my ticket that year, I am a porter. Robert Davis and Thomas Foster were the very men.

Q. Is this the same Robert Davis that was then tried and transported?

Ferguson. This is the very same person.

Q. Did you hear the verdict given against him?

Ferguson. I did, sir, in the year 39.

Q. By what do you remember him so long since?

Ferguson. I saw him three years ago, and also I was king's watchman when he came home again, and I was afraid of his doing me a mischief.

Prisoner's Defence.

I am not the identical person, I do not know that witness, I have been a long time in confinement, if the man will swear I cannot help it. The jury found the issue for the king, that the prisoner is the same person.

The trials being ended, the court proceeded to give judgment as follows.

Received Sentence of Death 10.

Elizabeth Davis , 643

Robert Davis , 661

Matthias Nichols , 632

William Price , 620

George Anderson , 637

Thomas Odel , 650

John Pryor , 651

Robert Buridge , 653

George Robins otherwise Jones, 640

Thomas Reynolds . 662

Elizabeth Davis pleaded her belly. and a jury of matrons were impanelled, who brought in their verdict quick with child.

Transported for Seven Years, 17.

Edward Evans , 617

George Potts , 618

Alexander Douglass , 627

William Hodgson , 641

John Meal , 657

Mary James , 658

Robert Solomon otherwise Blind Isaac, 660

Robert Willam , 619

Elizabeth Smith , 621

Priscilla Scar , 624

Mary Parker , 631

Judith Page , 635

Hannah Hore , 636

James Corral , 639

Patrick Mullings , 646

John Brown, 653

Elizabeth Terry , 656

Branded, 1.

Anne Burgonny . 629

Whipped, 3.

Jane Hill, 649

Hannah Nicholson , 622

Phillis Baird . 623