Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 October 2014), December 1750 (17501205).

Old Bailey Proceedings, 5th December 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 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, Monday the 10th, and Tuesday the 11th of December.

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

BEING THE First SESSIONS in the MAYORALTY of the

Right Honble Francis Cokayne , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER I.

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 Francis Cokayne , Esq; Lord Mayor of the City of London, the Lord Chief Justice Willes*, Sir Thomas Dennison , Knt. +Richard Adams, Esq; ++ Recorder, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

N. B. The * + ++ direct to the Judge before whom the Prisoner was tried.

L. M. by which Jury.

London Jury.

William Johnson ,

Arthur Jones ,

George Steed ,

Jonathan Scull ,

John Jones ,

Owen Jones ,

William Hanks ,

Samuel Peachey ,

Francis Knott ,

John Dobbinson ,

Richard Smith ,

John Merryman .

Middlesex.

John Beckett ,

Daniel Pope ,

Jonathan Hensby ,

James Walsh ,

James Scott ,

Samuel Gray ,

Alexander Chambers ,

Thomas Potts ,

George Mynett ,

Edward Harley ,

Gislingham Arrowsmith ,

Thomas Philips ,

1, 2. (M.) John Williams and Philip Blake , were indicted for stealing three hempen sacks, val. 3 s. 12 bushels of soot, value 7 s. the goods of Abraham Parrot , Nov. 1 . +

Abraham Parrot . I am a farmer , and live at Newpark-bury, in Hartfordshire. The soot and sacks are my property; I was at home at the time; the other evidences can give you an account of the taking them. I had bought six score bushels about a week before they were lost, and it was all put up in 24 sacks.

Richard Price . I loaded the prosecutor's waggon in Broad St. Giles's, on the first of November, with 24 sacks of soot; the waggon was then drawn on to the Angel Inn by the church . Next morning I saw the sore part of the tilt was thrown up; my fellow-servant got up in her, and said there were three sacks missing. I went the same morning into Plumtree street, where the prisoners lived, and found them; there lay the soot in the yard loose, and Blake looking at it. Williams had hid himself in the necessary house. I asked Blake what they had done with the sacks; he said they had slung them away at St. Giles's stocks; we went there, but could not find them. The prisoners are chimney sweepers .

Nathaniel Page . I was one that loaded the waggon. He confirmed the testimony of the former.

- Smith. I am the man that sold the soot to the person, of whom the prosecutor bought it; these two witnesses came to me; I went and look'd at the soot as it lay, and found it to be the same.

Q. What did you know it by?

Smith. I had swept a smith's chimney, and that is quite different soot from others; and also there was some dust of a corkcutter. By what I saw of these, I can swear it is the same soot. I went to the prisoners in the Roundhouse, and Blake there said, after I gave-them some gin, that he was as deep in it as Williams, for he rolled the sacks out of the waggon upon Williams's back. The prisoners denied knowing any thing of the affair.

Both Acq .

3. (M.) John Gordon , was indicted for stealing one gelding of a chesnut colour, value 5 l. the property of John Philips , Nov. 4 . +

Robert Hore . I am a carpenter. Last Saturday was se'nnight I took this gelding of my master's, ( John Philips ) by his order, and rode him to Knightsbridge from Brook street, to carry some linen to be washed to old Mr. Shacksby's; when I came to the gate, I fastened my horse's bridle, by putting it under the rail, and then turned it over the top of a post which was about seven inches above the rail. The prisoner was then at the gate, he said he wanted to speak with one of the footmen; I said, here are no footmen here; I went into the house and delivered my message; they wanted me to do a little jobb in the house; I said I'd go and take care of my horse; I was not a minute in the house; when I returned the horse was gone; I went on to Kensington, a sentinel told me there was a man rode through the town as hard as his horse could go, but it being dark he could not tell the colour of the horse; the horse was left at Hammersmith ; I had him the Tuesday following.

John Williams . About seven o'clock this night the prisoner at the bar came to the George Inn at Hammersmith ; he put up this horse there, and took a room, saying, there were more people coming, as if there was a family coming; he had a great fire made and a bed sheeted, and said to the landlady, pray give me half a guinea in silver; she had just 7 s. 6 d. in silver, she gave him that; then he went up stairs to see the fire; then the landlord came in, and the landlady told him there was a young man had took a room, and wanted change; so he went to him to give him the rest of the change; the prisoner said he had not half a guinea till his master and mistress came, so he returned the three half crowns; he went down stairs, and away he went, and left the horse in the stable.

John Tilbury . I am an hostler at the George in Hammersmith. I took this chesnut coloured gelding of the prisoner, and put him in the stable Nov. 4, about seven at night; he bid me take care of him, and said there were six more a coming, and that they should stay all night.

John Turner . The prisoner came in at the Bull Head and Three Tuns in Kensington, between 8 and 9 o'clock at night, Nov. 4; he asked my landlady if she could lodge him; he called for two pints of beer and three halfpennyworth of bread and cheese; when he came to pay he pulled out a paper, and, with an oath, swore, as he opened it, he was ruined, he had received a halfpenny instead of a guinea; then he wanted to take lodging there for a week; I thought he had something in his pocket; as he turned himself, I saw a pistol. I took it from him, it was loaded with two balls and prim'd. Produced in court.

Aaron Cross . I met the prisoner in Kensington; said he, can you get me a lodging? said I, where are you going? said he, to town; I told him it was not so late but he might go to night; said he, I am tired, I came from Reading to day; I went with him to the Thistle and Crown, their beds were all full; then I went to the Bull Head and Three Tuns. He confirmed the last witness.

Prisoner's Defence.

I was coming from Bath, where I was discharged from my master's service (Esq; Carter) he there hired a servant who could talk French, and is gone to Paris; I served him a year and eight months, part in Ireland and part here. This pistol was one of his, the other was broke, and it was my perquisite. Coming along the road I met this horse on the other side Kensington, and no soul with him, about seven o'clock at night; I stopped him and waited to see if any body came up; nobody did, so I brought him to this Inn at Hammersmith and called for the hostler, and delivered the horse to him; there were some post chaises at the door; after I had been in the house, drank half a pint of wine, and paid for it, I went away in haste to get a ride behind one of them chaises. I did design to advertise the horse ; I went to enquire for lodging as I could not get a ride, and met with that soldier, who went with me from one house to another; and when they stopped me, he would have let me go, if I would have given him a piece of money.

Acquitted .

4. (M.) John Brandy , was indicted for stealing five tin burners to lamps, value 1 s. 8 d. the goods of Benjamin Bowles , Nov. 1. Guilty 10 d . *

[Whipping. See summary.]

5. (M.) John Jenkins , was indicted for stealing one cloth coat, value 2 s. two bays waistcoats, value 2 s. the goods of Elizabeth Simpson , Nov. 26 .*

William Simpson. Elizabeth Simpson is my mother, she lives in Rosemary lane ; I was backwards, I heard a rumbling in the shop, Nov. 26, about 11 o'clock in the day, I went out of the kitchin, and saw the prisoner at the bar going out at the shop door with the things mentioned in the indictment; I followed him; he let them fall on the step of the door; I stopp'd him; he told me want occasioned him to do it.

Guilty 10 d . *

[No punishment. See summary.]

6. (M.) William Bell , was indicted for stealing one pair of silver buckles, value 5 s. and 1 s. in money , the property of Benjamin Wright , Oct. 27 .

Acquitted . *

7. (M.) Herman Milla , was indicted for stealing one silver milk-pot, value 12 s. the goods of John Hunter , Oct. 25 *.

Guilty 4 s. 10 d .

[Transportation. See summary.]

8. (M.) William Elgar , was indicted for breaking and entering the dwelling house of John Sample , and stealing one silver tankard, value 40 s. the goods of the said John, Nov. 21 *.

John Sample . I live in Vine-street, by Round Court , and am a coach-wheel maker ; I was not at home when the tankard was taken out of my house; I can only prove it is my property.

Ann Davison . I live servant with Mr. Sample.

Q. How old are you?

Davison. I am not quite 14 years of age. I saw just such a man as the prisoner at the bar, by his cloaths and back; I did not see his face, he was standing on the bed in the fore room, with a lanthorn in his hand; when I saw him he put the candle out; he broke in at the window, and got out at it again; this was between 8 and 9 o'clock at night, on the 21st of Nov.

William Bonwick . I am apprentice to Mr. Sample; I was at this time coming out of a house two doors from my master's; I went to knock at my master's door, a man call'd to me from over the way, and said, he'd give me sixpence to go of an errand for him; I said, I would not go; he said I should, and put his hand to my shoulder, and forc'd me away; I went to an alehouse, and said, I thought there were thieves in our house.

Q. Was he like the prisoner at the bar?

Bonwick. I cannot say it was he; then I heard Ann Davison cry out, thieves. I saw the prisoner facing the door run up the street; I follow'd him, and did not lose fight of him till he was taken: as he ran he threw away a dark lanthorn, and a hanger; they were produc'd in court. I cry'd, stop thief, and three men laid hold of him; then I saw him sling away the tankard. I am sure this was the man. On his cross examination, he said, the prisoner turn'd to the right hand, into Chandos-street; that he threw the tankard down with his right hand, towards the houses.

Samuel Franklin . On the 21st of Nov. between 8 and 9 o'clock at night, I was sitting at a butcher's door in Chandos-street, I heard the cry, stop thief; I saw the prisoner running and laid hold of him, and another person took hold of him also. There was this tankard thrown by some body, about 6 yards from him by the side of the wall. I don't know who slung it.

Thomas Garret . I was sitting in Chandos-street and heard the cry, stop thief; I saw the prisoner running by me, at a pretty good speed; we stop'd him, he was the first that came; the tankard was flung by some body, I know not who, about 10 or 12 yards from him; I heard it fall after I had the prisoner by the collar.

Edward Christopher . I was sitting in Chandos-street, the prisoner came running, I laid hold on him with the others; I saw the tankard fall about 12 yards before me.

To his Character.

Thomas Watson , John Jones , John Morris , Ann Floyd and William Floyd , Depos'd, he was an honest man; and that they never heard any ill of him.

Acquitted .

9, 10. (L.) John Leeman , otherwise Smith , and John Kingston , otherwise Brown , were indicted for stealing one linen handkerchief, value 16 d. the property of Stephen Davis , secretly from his person , Nov. 23 *.

Stephen Davis . I was at Billingsgate , Nov. 23, about 6 o'clock in the morning; I had a linen handkerchief taken out of my pocket; about 5 minutes after I miss'd it I heard the cry, pickpocket; I went to the George, where the prisoner Leeman was taken to; there the constable pull'd out some handkerchiefs from his pocket, one of them was mine.

Samuel Wiseham . I was coming down Billingsgate market the time I heard the cry, pickpocket; I took hold of Leeman by the collar, some of the people cry'd duck him ; his apron was tied about him, I took two Dabbs from him, said I, as he has these fish, he is likely to have something else; so we brought him to the George Alehouse ; he was very rustical, I had not time to take out my staff to shew my authority for some time; I thought he would have got away; I search'd him, and took out two handkerchiefs, and found a third on the ground, near his feet; the first I held up, it was a silk one, was own'd by Edmund Dadge : the second I held up, it was a linen one, was own'd by the prosecutor; I had observ'd his hand under the table, I saw a third lying under the table, I took up that, and it was own'd by Joseph Stacy . Then they brought in Kingston ; when they were standing together, Kingston stood before Leeman; I saw Leeman's hand under the other's great coat, I mistrusted he was going to give him something; a young man perceiv'd a pistol in his hand, we took it from him; he swore, and d - d our eyes, and ask'd, what we wanted with him.

Joseph Stacey . I saw the constable hold two handkerchiefs up, and found one of them to be my own.

Leeman Guilty 10 d .

Kingston Acquitted .

They were a second time indicted, for stealing one silk handkerchief value 15 d. the property of Edmund Dage , Nov. 23 .

Wiseham depos'd as before.

Edmund Dage . I lost my handkerchief that morning in the market, and when it was held up I own'd it. I know nothing of the prisoner taking it.

Leeman Guilty 10 d .

Kingston Acquit .

They were a third time indicted for stealing a linen handkerchief value 4 d . the property of Joseph Stacey , Nov. 23 .

Joseph Stacey . I was that same morning at the market about 6 o'clock, and had bought some shads, and we were dividing them; the man that was with me said, he had lost his handkerchief, at that time my handkerchief was in my pocket. I saw the two prisoner's standing together ; going by Kingston he directly turn'd upon me, and I felt him pick my pocket; I felt his hand in my pocket, and miss'd my handkerchief directly; I saw him go to the other prisoner, and give him a handkerchief, whether it was mine or not I will not swear; the other was about four yards from me, when he pick'd my pocket; then I went past him and happen'd to meet a fishmonger; said I, such a one has lost his handkerchief, and I have lost mine, and that man has taken mine, and given it to that other man. We secured them as beforemention'd.

Leeman Acq .

Kingston Guilty .

[Transportation. See summary.]

11. (L.) Sarah Hudson , spinster , was indicted for stealing 14 yards of silk ribon value 7 s. in the shop of George Mellow , the goods of the said George, Nov. 19 ++.

Acquit .

12. (L.) Thomas Little , was indicted for stealing 72 pounds weight of lead, value 6 s. the property of John Wilkins , fix'd to the dye-house of the said John , Nov. 2 . ++

Guilty .

[Transportation. See summary.]

13. (L.) Benjamin Beckenfield , otherwise, Ben the Coal-heaver , was indicted for robbing Henry Dickenson on the king's highway, of a hat value 5 s. in company with two other persons unknown .

Henry Dickenson , I live in Maiden-lane, Wood-street; about 11 o'clock in the evening, on the 4th of Nov. coming from St. Martins le Grand coffee house to Gutter-lane, when I came by the dead wall near Goldsmith's hall , three fellows met me; one of them took hold of my collar, d - d me, pin'd me up against the wall, and bid me stand and deliver ; the prisoner was one of the three; it was moon-light, and I could see his face very plain; the first hit me three or four blows over the head; the prisoner and another man stood on each side me, and held my arms; I call'd out watch and thieves. The prisoner told me, if I did not hold my tongue, they would murder me; I still kept calling out to the watch; they all three left me, and one of them took my hat; I am not certain which took it. I pursu'd them all three, two of them went down an alley into Wood-street, the prisoner went streight up the lane, and I follow'd him, calling out, stop thief, and the watchman stop'd him within 50 or 60 yards of me: I am sure the prisoner is one of the three men.

Moses Bennet . I am a watchman; the prisoner was running full speed when I stop'd him, at the time the prosecutor mentions. The prisoner made no defence.

Guilty Death . See 430, 517, 535, in the last mayoralty.

14. Joseph Crutchley , was indicted for stealing 81 guineas, 4 half guineas, and 5 shillings in money, number'd ; the money of Wm. Tofts Esq. Nov. 19 , to which he pleaded Guilty .

[Branding. See summary.]

15. (M.) John Lawson , was indicted for stealing one pair of silver knee-buckles, value 4 s. two serge Jackets, value 6 s. three cloth-Jackets, value 12 s. two pair of stockings, value 4 s. two silk handkerchiefs, value 2 s. two linen shirts, value 6 s. one periwig, value 10 s. 6 d. one pair of pumps, 2 s. two guineas in gold, and four shillings in money, number'd, the goods of James Spring ; in the dwelling house of Thomas Hugoe , Oct. 29 *.

James Spring . I live in Ratcliff Highway , and lodge with Thomas Hugoe ; I lost the things mention'd, the 29th of Oct. I found the wig again at a house in East Smithfield; the prisoner had on when I took him, a jacket, a pair of worsted stockings, and a handkerchief; part of these goods were lost when I took him, on the 1st of Nov. he confest taking the whole, but did not say out of the dwelling house.

John Wale . I was in company with Spring when he took the prisoner. He confirm'd that of the prisoner's confession. and that the prisoner sent him for the wig and a pair of pumps, to a place were he had left them ; that he went and found them there.

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

[Transportation. See summary.]

16, 17. (M.) Ann Hilliard , and Amy Gloom , were indicted, the first for stealing one pair of stays, value 10 s. one silk gown, two linen pockets, two aprons, one pair of shoes, one pair of worsted stockings, one pair of mettle buttons, one silk hood, one velvet hood, one cloth cloak, two pair of lawn sleeves, three linen caps, and other things , the goods of Elizabeth Young ; and the other for receiving them, knowing them to be stolen , Oct. 16 *.

Elizabeth Young . I live in Elder-street, St. Leonard Shore-ditch ; on the 16th of Oct. last I lost these things mention'd in the indictment; some of them were found upon Ann Hilliard ; the cap she has now on her head is one of mine; she confest the taking them in my hearing; the shoes and stockings she had on, when taken, were mine.

John Briggs . I am officer for the liberty of Norton Fallgate ; I was sent for to take Ann Hilliard ; I took her to the watchouse, and upon examining her, she confest to me, she was encourag'd to do this thing by Amy Gloom ; and that she did take the things mention'd. I had a warrant granted to take the other prisoner; I found in her house an old cap, which the prosecutrix said was her's. It was produc'd.

Eliz. Young. It is my property.

Briggs. Gloom confest she had pawn'd the stays, and fetch'd them out again, and sold them.

Hilliard Guilty , Gloom Acquitted .

[Transportation. See summary.]

18, 19, 20. (M.) John Mcgennes , James Tobin , and Benjamin Murry , were indicted for breaking the dwelling house of Roger Conner , and stealing from thence 56 glass bottles, 54 drinking glasses , the goods of the said Roger, in the dwelling house, Nov. 19 .

All three Acquitted +.

21. (M.) John Udall , was indicted for that he, on the 27th of October about 3 o'clock in the evening of the same day, the dwelling house of James Urwin , did break and enter, and steal from thence, seven shirts, value 35 s. four shifts, value 8 s. three caps, value 1 s. 6 d. one handkerchief lac'd, value 10 s. two plain handkerchiefs, value 3 s. three pair of russles and other things , the goods of the said James +.

James Urwin . I live at the corner of Bartletsquare , and keep a grocer's and confectioner's shop ; I lost a great quantity of linen, on the 27th of October; but my wife can better prove the property.

Mrs. Urwin. On the 27th of October I lost seven shirts, two shifts, six caps, two of them lac'd, four plain, one pair of lac'd russles, three pair of plain, one lac'd handkerchief, two plain ones, six pillowbears, one linen curtain, one silver spoon, one pewter spoon, one brass candlestick, two china basons, two towels, one stays cover; these things were in the buroe, in a little parlour behind the shop.

Richard Pretty . I live in Vere-street, Clare-market; the prisoner brought four shirts, a lace cap, a handkerchief and russles, and told me, he brought them from some gentlewoman he us'd to bring things for; I lent him 31 s. on them: I believe they were worth about 35, or 36 s. I have known him upwards of two years. The things were produced in court.

Q. to Mrs. Urwin. Are these your property?

Mrs. Urwin. They are, my lord, they were taken out of the buroe.

Prisoner's defence.

I had the things of one Mary Plunket ; we went into the Raven Inn in Bear-street, when she sent me with them; I don't know where she lives, she is here, and there, and every where; she is one of the ladies of pleasure.

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

[Transportation. See summary.]

22. (M.) Anthony Bourne , was indicted for that he, together with two other persons, on the 28th of Nov. about the hour of two o'clock in the morning, the dwelling house of Joseph Fillpot did break and enter, and stealing from thence 50 hats, value 12 l. the goods of the said Joseph +.

Joseph Fillpot . I live in Clare-court, near Clare-market , I am a haberdasher of hats ; on the 27th of Nov. was 12 months, I had been at a house facing my shop; I came home about 11 o'clock at night; I went with a candle in my hand, to see if the pins of my shop window were fast, my shop and house joins together; I found all fast, then I went to bed, and about five o'clock in the morning two watchmen awak'd me, giving me an account that my shop was broke open: I found the shutter taken down, the press door broke open, where I keep my hats; it was lock'd when I went to bed; I miss'd upwards of five dozen of hats, some of them at about 4 s. 6 d. and some at about 6 s. and about 11 or 12 old hats. I heard nothing which way they were gone, till I receiv'd a letter from Anthony Whittle , from the new goal Surry, who told me, he the prisoner, Edward Thorp , and Ecklin the evidence did it; and likewise, that they took he believed about 6 dozen of hats away; and that they sold them to Codosa a Jew, who is since transported. See No. 511, in the last mayoralty. I saw Codosa about 6 months ago, and he told me he bought the goods.

John Ecklin . The prisoner at the bar, my self, Anth. Whittle; See No. 570, as above, and Edward Thorp , about one o'clock in the morning, I know not justly the day, but it was in Nov. was 12 months we came to the prosecutor's house, by the directions of Anthony Whittle ; there was a bar went cross the shutter without; we wrench'd the staple back with an iron crow, and the bar came out; we took the first shutter down; then Anthony Whittle went in, and I held a bag on the outside; the first he put in it was 11 old hats; then Edward Thorp lighted a candle, and Anthony Whittle took the crow, and broke open a place on the right hand going in, where were some new hats, which was handed out to me; there were three dozen and eleven; we could not conveniently carry more, so we went away, and the watch prevented us coming again.

Q. Where was the prisoner at this time?

Ecklin. He was standing at the corner of the court, about seven yards off, looking out to see the watchman did not surprize us; we began about one o'clock, and ended about three; Whittle and I carried them to Samuel Codosa , a Jew, and sold them to him for three guineas and a half; he liv'd then in Bell-Alley: I took my share out of it, and gave Anthony Whittle the money, to give to the prisoner, and Thorp; they went home after we had done at the prosecutor's house. The prisoner then liv'd in Drury-lane.

Q. Do you know the prisoner receiv'd the share of the money?

Ecklin. I cannot swear he did; he never ask'd me for any after we us'd to be together; so I suppose he receiv'd it.

Q. to the prosecutor. How many hats did you lose?

Fillpot. I lost five dozen and upwards.

Q. What part of the shop did you lose them from?

Fillpot. From out of a press coming in as they did, on the right hand.

Q. How was your window fastened?

Fillpot. There was a wooden bar goes a-cross, on the outside.

Eckling. Thorp was cast for his life, but is now transported.

Prisoner. I have nothing to say.

Guilty

Death .

See No. 570, in the mayoralty of John Blachford , Esq;

23, 24. (M.) Thomas Bunn and James Harrington , were indicted for that they, together with two others not yet taken, did steal one wooden drawer, value 12 d. four silver pocket pieces, value 8 s. and 10 d. in money, number'd , the goods of John Dyer , Oct. 12 . +

Mary Dyer . My husband's name is John Dyer . I live in East Smithfield . On the 12th of October there came five boys and knocked at my door just before 12 o'clock at night; I opened it; they came in very civilly, and asked for a quartern of liquor; I keep a brandy shop ; I asked them how I must divide it; they said they did not care how. Hatton, who is here to give his evidence, took the liquor in his hand, and said it was all sludge; then he asked for change for sixpence; I took the drawer out; while I held the drawer and 3 d. in my hand, Harrington held a pistol to my head, and said he'd blow my brains out if I would not deliver all I was worth; they were all in the shop at that time; I said, children, what do you mean by coming in this manner, and ran behind a Vessel and screamed out, thieves and murder; they ran out at the door, and took the drawer away; there were in it four silver pocket pieces and a silver groat; these were pieces that were pledg'd, I don't know the value of them.

William Hatton . I am about 16 years of age. There were Richard Pett , Randolph Branch , myself, and the two prisoners met together to go out; we went and knock'd at this woman's door; then Thomas Bunn said he would go home, he would not attempt such a thing, so he went away; she let us four in; we asked for a quartern of gin; she asked how many outs she should make; Harrington said, make four; then he said, let me have a halfpennyworth of anniseed; as soon as he had drank the dram, he pulled out a pistol, and put it to the woman's head, and said, you are a dead woman if you don't deliver all you are worth; Randolph Branch went round the computer and took the till; there were in it four outlandish pieces of silver and a silver groat; she woman screamed out; we all went out, and went near the Queen's Head in Wilsher lane, where we went and emptied the drawer; I believe there was a silver sixpence, some halfpence, and two shillings and sixpence in single farthings; Richard Pett sold one of the pocket pieces for eightpence on the other side the water, near the Greyhound Inn, we threw the three others into the Tower ditch; my share in the whole came to ninepence, and Harrington the same; Bunn was not with us.

Q. to Mrs. Dyer. How many did you see come into the shop?

Mrs. Dyer. I saw five of them come in.

Harrington Guilty .

Bunn Acquitted .

[Transportation. See summary.]

25 (M.) William Tidd and Anthony Bourne , a second time were indicted for that they, together with Randolph Branch , Richard Pett , and James Webster , not yet taken, on the 25th of July , about the hour of one in the night of the same day, the dwelling house of Mary Ormand , widow , did break and enter, and stealing out thence eight pewter dishes, value 30 s. 13 pewter plates, two pewter water plates, a pewter cover, four brass candlesticks, a silver spoon, a copper pottage pot, a brass pottage pot, two saucepans, a copper stew pan, a box iron, an iron heater, a stand for a box iron, two looking glasses, a pair of linen sheets, two linen table cloths, two diaper napkins, one dussel cloak, a silk bonnet, six linen towels, three cotton aprons, a pair of cotton stockings, and two pair of thread stockings . +

Mary Ormand . I live in Great Ailoff street, opposite the new meeting house . On the 25th of July last my house was broke open about one in the morning as near as I can find. I advertised the things lost on the 26th and 27th, but could not hear of them till the 10th of Nov. then a man came to my house, and asked me if I was not robbed such a time; I said I was; he said, we have taken three of the thieves, and if you come to Bridewell you'll hear more of the matter.

Q. What goods did you lose?

M. Ormand. I lost eight pewter plates, &c. ( mentioning each thing as in the indictment.) The next morning I went to Bridewell; I was bid to ask for Forrester, otherwise Hatton, and they brought me to the next evidence, who can give a better account of the taking them than I can.

William Hatton . (the evidence in the farmer trial.) Anthony Bourne , William Tidd , Randolph Branch , Dick Pitt , James Webster , and myself, were going along Ailoff street on the 25th of July, betwixt six and seven in the evening, we saw a basket of linen in the prosecutrix's window; we made an attempt to take it by shoving the sash up, but could not get it; the woman came and took it away, so we concluded to go again between twelve and one at night, which we did, and Anthony Bourne wrenched the window shutter off, and got in; he had a tinder box and dark lanthorn and a pistol; Tidd went in also; the rest of us were at the door and the window; Bourne was to give us all that was below in the kitchin, pewter, brass, &c. they put them out at the window, and Dick Pett and Randolph Branch received them there; we had them and one apron in our parcel.

Q. Who do you mean by our?

Hatton. William Tidd , Randolph Branch , Pett, and myself; Anthony Bourne , and Webster were to have all they could get after we were gone away.

Q. What goods were they you had?

Hatton. There were a copper pot , two saucepans, one brass pot, some dishes, and a great cover to cover meat with; we carried them home, and when we came back, they had got a bag full of things, they had linen, a great coat, and a looking glass; we sold our's to one Campey, a Jew, for 12 shillings; he lives in Duke's Place.

Q. from Tidd. Was I by when the window was broke open?

Hatton. Yes, you was; Tidd had three shillings, and so had I.

Henry Peal. I heard Tidd confess before the justice he had a hand in breaking open this house, and that he had a share of the 12 shillings.

Thomas Hind . I was before justice Fielding, when Tidd was there; the boy Hatton was telling the justice in what manner it was done; Tidd told the boy he lyed in saying he broke it open, and said, when he came first to the house, it was fast; but when he came the second time it was broke open, and that they sold the goods to Minous, a Jew, for 12 shillings; he also d - d the justice, and said he was as big a thief as himself.

Woodward Harlow. I was with Tidd before the justice. He confirmed the testimony of Hind.

Isabella Collier deposed, the window was fast when they went to bed, and that the things were gone when they got up at two o'clock.

Q. to the Prosecutrix. How came you to get up?

M. Ormand. We heard a noise of the pewter rattling, and the dog barked, so we got up, and we found the shutter was ripp'd from the hinges, and taken down, and the sash shoved up. I hear the Jew is in the New Goal, Surry.

Tidd's Defence.

I know nothing of it.

Bourne. I don't know that boy (meaning Hatton) from Adam. See No. 16, in Sir Samuel Pennant 's Mayoralty.

Both Guilty Death .

26. (M.) Daniel Curtise , otherwise Richardson , was indicted for stealing four pieces of worsted for waistcoats, value 42 s. four pair of silk stockings, value 3 l. four pair of worsted stockings, four pair of thread stockings , the goods of Row Rotheram , Nov. 13 . +

Row Rotheram. I am a frame work knitter , and live in Cary street, St. Clement's parish. On Tuesday November 13 a neighbour knocked at my door between six and seven in the morning, and told me my shop in Lincoln's Inn was on fire; I made what haste I could thither; I found a great many people at the door; I opened it and went in; I found a great smother but no flame; I saw some stockings about the floor, and some holes empty; I saw I had been robbed. The prisoner is a taylor, and has a shop next door but one to mine, which had been shut up some weeks; I saw that open and a pannel broke from his shop into a pamphlet shop, and from that into mine, made me immediately suspect him; he married my daughter, but she is dead.

Joseph Tompson . I was going through Lincoln's Inn, they told me there had been a fire, and a hosier had been robbed; after this, near Hide Park corner, at the sign of the Faulcon, I saw the prisoner at the bar selling stockings this 13th of Nov. he sold them cheap, and I suspected he did not come honestly by them; so I came back again, and told Mr. Rotheram about him; in the mean time came in Mr. Turner, so he and I went to take him, which we did with some of the stockings under his arm. They were produced in court, and deposed to by the prosecutor.

Prisoner. I have no defence to make.

Guilty 4 s. 10 d .

[Transportation. See summary.]

27. (M.) Euphan Callwell, spinster , otherwise Elizabeth wife of John Steward , was indicted for stealing one feather bed, two callicoe shirts, 17 linen shirts, six India handkerchiefs, one muslin handkerchief, eight linen handkerchiefs, eight callicoe caps, four pair of linen stockings, six pair of women's gloves, one yard of linen cloth, and several other things, the goods of James Campbel , Esq; in the dwelling house of the said James , October 3 . +

The prisoner lived servant with the prosecutor, and had, without his knowledge, pawned the goods at divers times, with several pawnbrokers, and, by her own confession, they were found again, and many of them produced in court, and deposed to.

Guilty 39 s .

[Transportation. See summary.]

28. (M.) John Newcomb , was indicted for robbing James Clayton on the king's highway of one perriwig, value 1 s. one hat, value 2 s . October 19 . +

James Clayton . On the 19th of October I was coming home through Featherstone Buildings ; I stopped to make water; three persons came up to me, one on each side, and another behind me; they jostled me to get me from the place; I called out, watch; upon which I received several blows, but I continued calling out till they fired a pistol at me, it was close to my head; I received a cut with a hanger on my head, the ball grazed and wounded me near my left temple; (the scar appeared, and much powder in his face that will remain) at the same time they took my hat and wig, and ran away; the next morning I perceived two balls had gone through my hat; the watch came immediately to my assistance.

George Wood . I am a watchman in Featherstone Buildings, Holborn. On the 19th of October, about 11 at night, as I was in my watch-house box, I heard some person say, what are you doing? another voice said, he was making water; in an instant of time I heard somebody call, watch, watch; I was about 25 yards off, and when I was got about half way to them; the pistol went off; then I saw three men, which, by the flash of it, ran away from Mr. Clayton, who was leaning against the wall; I ran after them; the prisoner at the bar ran down Chancery lane, and I after him, so lost the other two; but I never lost sight of the prisoner from the pistol going off till he was taken, I still calling out, watch, thieves, murder, as I ran; he fell down near the White Hart Door in the lane; I was within about two yards of him when he fell ; the prisoner ran the last of the three.

Richard Barret . I am a watchman; my stand is at Great Turnstile, Holborn. He confirmed the testimony of the other, saying, he never lost fight of the prisoner till he turned at the corner to go down Chancery lane.

Randolph Richards , who was in Holborn feeding a coachman's horses, confirmed the same; adding, when the prisoner fell down, he heard him cry, take care of the pistol and hanger; and also he saw the hanger lying very near his hand, which he secured.

Prisoner's Defence.

I was going into Red Lion street with a shipmate of mine, he was much in liquor; he said to me, you have no occasion to go any farther, for I believe I can find my way home; I took my leave of him; coming by this place, called Featherstone Buildings, I heard a musket or a pistol go off; coming down Holborn, I presently heard the cry, stop thief; I used my best endeavour to take hold of these fellows; I followed them a pretty way; one of them made a blow at me and missed me; I followed him till he came almost to Chancery lane end; he threw the hanger at me and missed me; I went to stoop to pick it up, and these men fell upon me.

Guilty Death .

29. (L) William Byall , was indicted for stealing one pair of boys pumps, value 2 s. 6 d. the property of Samuel Farley , Oct. 24 .

Guilty . ++

[Transportation. See summary.]

30. (L.) Hannah wife of Thomas Philips , was indicted for stealing five calves skins , the goods of William Crosse , Nov. 19 . +

The prosecutor is a shoemaker , his warehouse for his skins is up one pair of stairs; the prisoner lodged on the same floor, next house to the prosecutor's dwelling house. Win Markham, who lives in the same house up two pair of heard the warehouse door unlock and somebody go in he went down, and, with the key which the prisoner had left in the door, locked her in; the prosecutor was sent for, and found her there ; then he had her room searched, and found five calves skins there under her bed among some foul linen ; the prosecutor deposed, he had but one key to that warehouse, which was with many others, at that time, in his house. The two keys were produced in court. The prisoner's defence was she had the key of the prosecutor's son, and went into the warehouse by his direction; and the prisoner having a husband, and the goods being found in his room. she was Acquitted .

31. (L.) Thomas Fowler , was indicted for stealing one man's hat, value 9 d. the property of Adreanous Vander Bomonere , October 31 . ++

The prosecutor is a Dutchman ; he was going thro' Bishopsgate October 31, about seven at night, the prisoner took off his hat, and ran down St. Helen's gateway. Benjamin Polock saw it done; John Howard was sweeping the church door there, who saw him run by with a hat in his hand, and another on his head, and said there were none but the prisoner gone down, and it was no thoroughfare. Mr. Polock bid him to abide at the gate while he went to see for the prisoner, who met him walking towards the gate; he asked him after the prosecutor's hat; he denied it at first; but at last fell down on his knees, and said, pray sir, if you'll forgive me, I'll tell you where it is (confessing that he had taken it) and it was found thrown over into Mr. Lodge's court.

Guilty .

[Transportation. See summary.]

32. (L.) John Watson , was indicted for stealing one pound weight of tobacco, value 6 d. the property of persons unknown, Nov. 2 . ++

Acq .

33. (L.) John Vaughan , was indicted for stealing one pound and half of tobacco , the property of persons unknown, Nov. 2 . +

Guilty .

[Whipping. See summary.]

34. (L.) Edward Dains , was indicted for stealing one dead goose, value 2 s. the property of Robert Joffs , Nov. 26 . +

Guilty 10 d .

[Transportation. See summary.]

35. (L.) John Durham , was indicted for stealing one ripping saw, value 12 s. the property of John Snow ; one sash saw, value 2 s. 6 d. the property of John Maybrick , December 3 . +

The prosecutors were journeymen at work in building some stables, from Little Moorfields to Moor lane ; when they were gone to dinner, December 3, the prisoner took the opportunity of going in to take them; and William Clark , their master's apprentice, detected him with the saws upon him, going off.

Guilty .

[Transportation. See summary.]

36, 37, 38. (M.) John Ross , Thomas Procter , and Derby Long , were indicted for breaking and entering the dwelling house of John Roker , and stealing from thence six gold rings, one gold locket, one chrystal stone seal set in gold, one gold necklace, eight gold beads, five pennyweight of gold, four broken gold ear bobs, two pieces of gold rings, one silver toothpick case, one wooden box, three pair of scales, 32 ounces of brass weights , the goods of John Roker , Nov. 15 . +

Lydia Roker . I am wife to the prosecutor, and live opposite the London Workhouse in Bishopsgate street , On the 15th of Nov. I was going to supper about nine o'clock; I fetched a pint of beer; I came in and locked the door, and hung on the chain; I shut too the door betwixt the room where I was and the shop; after this I heard a noise, but did not know what it was; I supposed indeed it was the chain falling off the hook; at this time I lost the goods mentioned in the indictment, (she mentioned them all over) the brass weights were to weigh gold and silver; they were in a box on the compter in the shop, it had three drawers in it; they took all away together; I got up and found the door open; I shut it, and looked upon the compter and missed this box immediately; I did not miss the till until next day.

Abraham Leblon . I and the prisoners lodged all four at one house in Kingsland Road at one Thomas's; we were coming down Bishopsgate street on Thursday night, the 15th of Nov. John Ross said I might make myself if I would go along with him, saying, his mother used to chare at Mr. Roker's, and he knew how the lock was; then we all came to the door; John Ross shoved his back against it, and it came open a little way; then he put his hand in and took the chain off the hook, and went in; I and the other two stood at the door; he brought out three little drawers with weights and scales in them; he gave them to me; there were several bits of silver, buttons, and trifling things, and I gave them to Derby Long, and he gave them to Thomas Procter ; then Long and Procter went away with them; I stood still at the door, and John Ross brought out the till, and gave it to me; I took the things out; there were three or four gold rings, a gold seal, several gold beads, several old farthings, and halfpence; I went and laid the till down in an alley, and came back again to the door; when John Ross told me, he had broke a glass in the house; then he brought out some children's toys, made of tin, when I found that, I flung them into the keannel ; then he went to one Minous in Duke's-place, the same night, and sold the silver; I cannot justly say what he sold them for; he would not agree with him for the gold that night, he sold him that the next day ; he told me he got 40 s. in all for them ; he gave one two or three shillings, and another the same, and kept what he pleas'd, for what he had laid out where we went to drink; four or five shillings was the most I had for my share: Procter was taken up the same night. Ross own'd to the prosecutor at the Brown Bear in Bow-street, that he sold the things for 40 s.

Thomas Dean . I live in Kingsland-road, I lodge at the same house; I heard a quarrel between two of the prisoners, Long, Ross, and the last witness, about some gold they had got; charging each other with stealing it from one another; at last they found it hid under the bed; I saw it, they had it in a paper; there was a gold seal, four or five gold rings, a gold locket, and some other odd pieces of gold.

Q. What is your business in that house?

Dean. I attend in the house, to light people to bed.

Q. What sort of a house is this?

Dean. It is a lodging house.

Q. How many beds are there?

Dean. We have about 43 beds.

Q. Whereabouts is this house in Kingsland Road?

Dean. It is next door to the Spread Eagle.

- Rogers. I am a Watchman; on the 15th of November last, about a quarter after 9 o'clock, I was fastening the back part of the houses where I watch, and I found this till; it was set behind a gate in Dunning's Alley, Bishopsgate-street; I left it in the neighbourhood till next night; and then when I came, they told me, they had found the owner for the till and things, by the direction of a paper in the drawer.

Ross's Defence I am not guilty.

Procter's Defence. I know nothing of that man, (meaning Leblon.)

Long's Defence. We are as innocent as the child unborn.

All three Guilty .

Death .

39, 40, 41. (M.) John Wright , James Wright , and Andrew Pearce , were indicted for stealing two pails, a washing tub, a musket, one linen apron , the goods of John Lockia , Nov. 7 ++.

The prosecutor lost the goods mention'd. and found them in a garret, in an empty house, and the three prisoners there also.

All three Acquitted .

42. (M.) Thomas Parker , was indicted for stealing one basket, value 2 d. one sparib of bacon, and three quarters of a peck of apples, value 4 d. the goods of John Mercer , Nov. 20 ++

John Mercer keeps the Uxbridge Waggon , and is accountable for all goods lost out of it. This waggon was overturn'd in St. Martin's Lane, at the corner of Chandos street , as it was coming to the Swan Inn, at Holborn-bridge; the prisoner made pretensions of assisting in loading and unloading the goods; after some time put on his cloaths, and said, there was no money for him if he staid longer; he went away, after which, this basket was missing; they got intelligence of the prisoner, and found him at the end of New-street, sitting on a bench, with the basket cut open, and his hand in it.

Guilty .

[Transportation. See summary.]

43, 44. (M.) Richard Stevens , and Richard Jackson , were indicted for stealing two spades, value 3 s. the goods of Thomas Snow , Nov. 3 .

Guilty . ++

[Whipping. See summary.]

45. (M.) Hannah Wattag , widow , was indicted for stealing one worsted damask banjan, value 9 s. one linen shirt, one velvet cap , the goods of John Emmit , Nov. 2 . ++

Acquit .

46. (M.) William Jacob , was indicted for stealing 2 half guineas, and 41 shillings in money number'd , the money of John Jefferson , Nov. 5 . +

Acquitted .

47. (M.) Hugh Colligan , was indicted for stealing one coffoy seat of a chair, value 5 s. a piece of calimancoe, value 2 d. the goods of William Williams , and Jane Price , widow , Oct 30 . + Guilty .

[Transportation. See summary.]

48. (M.) John Watlin , otherwise John Peters , otherwise Peters Jack , late of Horsey in Norfolk , was indicted for aiding and assisting, with divers other persons, in landing and running goods, liable to pay duty, &c . March 11, 1746 . +

John Lacket . I liv'd at Horsey , in the year 1746, and know the prisoner by the name of Peters Jack ; he us'd to frequent Mrs. Susanna Peirce 's house, where I liv'd, in company with others, which we there call riders, or smugglers; they us'd to come ten, twelve, or fourteen in company. On the 10th of March 1746, he was at our house, he came on horseback, with a brass piece, either a carbine or a blunderbuss; he went away on the 11th. On that day the cutter came with the goods, then they went all away together.

Q. How many were there of them at that time?

Lacket. I believe there were 12 or 14 of them.

Q. Did you see them go away?

Lacket. I did; they went all on horseback, some had, and some had not arms; he had that brass gun when he went out of our house; I did not see him return.

Abraham Bailey . I knew the prisoner on the 10th of March, in the year 1746; I went down to Horsey to see an acquaintance, one William Manning ; when I came into the town, I met one Cosines, who is since sled; he said to me, Bailey, what do you do here? adding, the town was full of smugglers, and perhaps you will not be safe: I was once a watchman in the customs, but was not at this time; after we parted, and I was at Manning's house, several people came to the door, and said, one wanted to speak with me at Mrs. Peirce's; I return'd for answer, I knew no body here but Dick Cosines , and if he wants me, I should be glad to drink a tiff of punch with him; Mr. Manning said, here is such a gang of smugglers they will do you a mischief; after this a message was brought, they had an intent to take me; there were eleven of them came to the door arm'd, the prisoner was one of them, they broke the door open; I sled to the barn, and set my self down in some barley; the prisoner came in and found me, then they all hollow'd, as gentlemen do when they catch a fox; there was one Chapman, who is since executed: after they had beat me, to whom I said, this is very hard, they oblig'd me to go with them to Mrs. Peirce's; then one Cockeye great his hand, rub'd it on the chimney, and black'd his face; after this they put a gun betwixt my legs, and rode me round the room, saying, I should be their member of parliament; then Cock-eye beat me with a leather thong; afterwards they let me go to the farmer's house about eight or nine o'clock, and I went to bed about ten, and lay with a servant of Mr. Manning's ; then they came and took me out of bed without giving me time to put on my cloaths; one of them took a line that was in the garret, and carried me into a field and whipp'd me with their whips till the skin was all off my fingers; I begged and prayed for mercy; then they carried me into the churchyard, one of them took out a long knife, which was as long as a hanger, and offered it to my throat, and obliged me to answer such questions as they asked me concerning the reasons of my coming down ; after this they took the piece of cord and tied my arms round me very hard, and put a cord about my neck and held me up upon a tree; they held me up some time; after that they let me down, and forced me to unbutton my breeches, and made me swear damnation to my soul if ever I revealed it, and asked me very immodest questions; then I went to Mr. Manning's house; the next morning Chapman called me up; said he, I know you have been used ill, but if I could have got to them you should not have been used so; then I went to Mrs. Peirce's house again about eight o'clock, and about 11 or 12 they had a very good spying glass; I took it up and looked, and said, there is your cutter, which I was glad to see, for they swore I should not go till she came in; I went down and lay concealed, I saw them go down, to the number of 34 or 35 men; I saw the cutter unloaded, the tea was in oilskin bags that held about 27 pounds, a great number of them, and casks called half anchors of brandy; they had 45 horses; I saw them load and go off from sea; the prisoner rode by me returning from the Beach, they rode two and two; they went to a place called Summerton, then I lost fight of them.

Q. Did you see the prisoner assist in loading the horses?

Bailey. Yes sir, I did; the boat came on shore from the cutter five times.

On his cross-examination he said, he then kept a coffee house at Yarmouth in Norfolk, which is about 10 miles from Horsey, that he was positive it was on the 11th day, because he knows it was the 10th on which he went out from home, being the day before that he gave the same account on the trial of Smith, only could not be positive Smith was armed, &c. (No. 631 in Sir Samuel Pennant 's Mayoralty.) I did swear he was armed on the 10th, but could not that he was on the 11th, when he was upon the Beach.

John Rial . I am a farmer. I saw the prisoner at my own house at Horsey, either March 10 or 11, 1746, but never saw him with any arms ; he came in company with the rest of the people; I did not see him go away; he came to my house to see another party.

To his Character.

Lucy Price . I have known the Prisoner 7 years; he has lodged in my house in the town of Budsdale in Suffolk.

Q. What is his name?

Price. His name is John Watling .

Q. Did you ever hear him called by any other name?

Price. No. I never did, sir; he is one of a very good character.

Q. Did you never hear he was deemed a smuggler ?

Price. No, never, sir, to my knowledge; he followed husbandry work.

Nicholas Trapp . I live at the same town the last witness does; I have known the prisoner six or seven years; I never knew him go by any other name than that of John Watling ; he never had the character of a smuggler.

Q. Did you ever hear him called Peters Jack ? or John Peters ?

Trapp. No, never, sir.

Elizabeth Marsh . I live in Yelverton in Norfolk ; I lived with one Peter Goldsmith , he had a man who went by the name of John Fustin ; and I have often heard him called Peters Jack and Jack Peters .

Q. Was that the prisoner at the bar?

Marsh. No, sir, that man's right name was John Doe , he was executed at Tyburn; I never saw the prisoner before now in my life, to the best of my knowledge.

Guilty Death .

49. (M.) John Carbold , otherwise Cockeye , late of Horsey in Norfolk , was indicted for being aiding and assisting, with divers other persons, in landing and running goods liable to pay duty , March 11, 1746 . +

Robert Lindow : I live at Rowlsby in Norfolk, near Horsey ; I remember being at the house of John Rial at Horsey; he is a farmer there; it is a house where riders used to frequent; in the year 1746 I used to look after the smugglers horses; the prisoner and two other men came there on horseback March 10; on the 11th I saw two smallish pistols, the prisoner fired one of them off against the barn door.

Q. Did he load it afterwards?

Lindow. I don't know that he did; I remember it by being the time that Abraham Bailey was whipped there; there was at that time a cutter came down to the Beach a little distance from Horsey ; the people got up on the house and saw her coming by spying glasses; after she came, they all went down; the prisoner was one of them, he had four horses; there were about 30 or 40 of them; the prisoner loaded his horses with casks of brandy, I know it was brandy, for I had one of them; they all loaded their horses, some had oil skin bags; I cannot tell what was in them, but I have seen tea brought in such bags, they are on purpose for smuggling; I came up before they went away, so I did not see them go away ; I saw the prisoner stick his pistols in his girdle: many of the other people were armed I saw at the Beach.

On his cross examination he said, he did not know the prisoner by the name of Carbold, he knew him only by the name of Cockeye; he did not see the prisoner with arms ; after he went into the stable and had shot that one off, he saw him put them by his side, but did not see them on the Beach; that the prisoner had a great coat on.

Abraham Bailey , deposed as in the former trial, with this addition as to the prisoner; that he is the person who black'd his face and whipp'd him, &c. that he saw him at the Beach armed with a brass piece, and he believed they were all armed; that the prisoner was busy on the Beach, as the others were, and that he saw him go off; that he acquainted Mr. Kinning, an officer of the customs, of the gang, and he saw them too.

To his Character.

Simon Landal . I have known the prisoner these six years, he is a farmer and lived at Shatsal ; his character is that of an honest man.

Charles Mortimore . I have known him seven years, I never knew he ever followed any thing but farming business; he has served overseer of the poor in his parish, and was esteemed a man of honesty and probity in the country.

Q. Did he keep horses upon his farm?

Mortimore. He had sometimes three, and sometimes four.

Q. Were they cut tail, or long tail horses ?

Mortimore. They were short tail horses.

Q. Have smugglers horses long or short tails?

Mortimore. I cannot tell, I never saw any smugglers as I know of.

William Booty . I have known the prisoner seven years, he was esteemed, in that country, a man of reputation; I never heard he was a smuggler.

Margaret Boyley . I lived servant with the prisoner at Shatsal ; I came from him last Michaelmas was three years; he was then esteemed a very honest man; I never heard he was deemed a smuggler; he has a wife and family there.

On her cross examination she said she never knew him to bring home brandy or tea; and that he kept three cart horses.

Guilty Death .

50. (M.) Mary Oadwey , spinster , otherwise Mary Valentine , was indicted for stealing one pewter spoon, value a halfpenny, one silk handkerchief, value twopence, three shirts, one dimity waistcoat, and two stocks , the goods of William Harrington , Nov. 2 . + Guilty 10 d .

[Transportation. See summary.]

51. (M.) Richard Knibb , was indicted for committing a rape on the body of Martha Chalkley , spinster , an infant about twelve years of age . +

Martha Chalkley . I shall be thirteen years of age a fortnight before Christmas.

Q. Do you know the consequence of taking a false oath?

M. Chalkley. Yes, sir, if I forswear myself I shall go to hell. She is sworn.

Q. Tell us the truth, and nothing but the truth.

M. Chalkley. The prisoner was my master, he lived at Blackwall; I was put apprentice to him; I cannot justly tell the month.

Q. What did he do to you?

M. Chalkley. My mistress went to bed, and my master was making candles ; my master bid me go down into the cellar to stay till the officer came; I went and sat upon the cellar stairs; he did not say any thing to me, but came and wanted to feel up my petticoats; I prayed him to get away; the officer coming he did not then (this was last haymaking time) the next time my mistress went to bed (this was about a fortnight after that time ) my bed was in the kitchin, and my mistress was in the one pair of stairs room; I had been asleep, and my master came and pulled the bed cloaths off me, and got upon me ; he put something into my body.

Q. What did he put into your body?

M. Chalkley. It was his nastiness.

Q. What do you mean by that word?

M. Chalkley. I mean his y - d.

Q. Are you sure he put it into you?

M. Chalkley. I am sure he did.

Q. What did you say to him?

M. Chalkley. I prayed him to get away, and cried out.

Q. What did he do then?

M. Chalkley. There was something wet came into my body.

Q. Was you willing he should do so?

M. Chalkley. No, I was not.

Q. Did he use any force with you?

M. Chalkley. He held me down with his hands, by my shoulders.

Q. How long did he continue in that posture.

M. Chalkley. About five or six minutes; then he went up to bed. I liv'd with him about a month after.

Q. Did you say any thing of this to any person?

M. Chalkley. I did not till after I came home to my mother.

Q. Why did you not?

M. Chalkley. Because I was asham'd to speak of it; I told her the same day I went there, I had a great running upon me, I could not walk as I us'd to do.

Q. What was the first thing you observ'd, after you awoke?

M. Chalkley. My master was then upon me; and the bed-clothes were off.

Q. How long had you been awake, before he did any thing to you?

M. Chalkley. He wak'd me directly; he put his y - d into my body, as I awak'd.

Q. What did he say to you?

M. Chalkley. He said nothing at all, but bid me hold my tongue.

Q. Did your mistress hear you, when you cried out?

M. Chalkley. No, not as I know of.

Q. Was your master undrest?

M. Chalkley. No, he was not, his cloaths were unbutton'd before.

Q. Had you any talk with him after this?

M. Chalkley. No, none at all.

Q. Did he ever ask you to let him do so again?

M. Chalkley. No, he never did.

Ann Bennet . I am a midwife; the child's mother brought her to my house, betwixt two and three months ago; she told me, her child had receiv'd some great hurt, and desir'd me to examine her; the child had been very much hurt. I ask'd her if the child had been with any man, she said, yes, with her master; she had a running upon her, I believe a man had been offering some violence upon her, but I don't think he had enter'd her body; she was not open, as people are after such - and she had no laceration : I believe there had been a great pressing on her body.

Q. When was this, that you examin'd her?

Bennet. I think it was in October last.

Hannah Bennet . I am a midwife. [She confirm'd the opinion of the other midwife, who search'd her likewise.]

Acquitted .

52. (L.) Thomas Williams , was indicted for stealing one silk handkerchief, value 6 d. the property of Alexander Brandel , Nov. 10 . ++

Alexander Brandel . I was upon Change on Saturday the 10th of last month, between one and two o'clock, when I mist my handkerchief of my pocket; I had it there a few minutes before; I receiv'd it again from the hands of Mr. Butcher, who can give an account of the Prisoner's taking it.

James Butcher . On Saturday the 10th of November, I observ'd the prisoner at the corner of Swithins Alley, attempting to pick a person's pocket; I endeavour'd to watch him; the gentleman went through the Alley, the prisoner and another person followed him; they made several attempts to pick several pockets, at the north gate of the Exchange. I saw the prisoner put his hand into the prosecutor's right hand pocket, and take out this handkerchief: it was produc'd in court, and depos'd to by the prosecutor ; I took hold of him, and told him, I had watch'd him about five minutes, and now I had got him; he said, it was the first fact he was ever guilty of; I held the handkerchief up, and the prosecutor own'd it.

Prisoner's Defence.

I had been in the city about a little business; I came through the Change, and I saw that handkerchief upon the ground; I took it up, and was going away with it, and that gentleman laid hold of me, and said, I had pick'd a gentleman's pocket.

Guilty .

[Transportation. See summary.]

53. (L.) John Richardson , was indicted for that he on the 3 d of October , about the hour of 2 o'clock in the morning, the dwelling house of Joseph Woodward did break and enter, and stealing out of thence one copper tea-kettle, value 2 s. 6 d. five printed pictures in frames, value 2 s. one needle-work sampler, with a frame and glass, one velvet cap, value 6 d. the goods of the said Joseph. ++

Joseph Woodward . I live in Red-Lyon Court, Watling-street ; on the 3d of October in the morning I miss'd the things mention'd in the indictment; these things were taken out of the parlour, on a ground floor.

Q. When did you see them there last?

Woodward. I saw them there over night, at about 7 o'clock; I advertis'd them on the Wednesday after, and Thomas Groves , who bought the kettle and cap, brought them, who can give an account of the prisoner's selling them: I am a carpenter and joiner; the prisoner was my journeyman ; Mr. Groves came into our court, and saw the prisoner at work in my shop, so he not intending to surprize him, went to a neighbour's house, and sent for me; I was not at home, so he left word where to come to his house; I went to him, and the next morning we charged a constable with the prisoner, and took him before my lord mayor, but before we got there, we went into a house; then the prisoner said, if I would not prosecute him, he would tell me where my things were, saying, the prints were not demolish'd, and them I found with the sampler at his lodgings, according to his own written account; he lodg'd in Turnmill-street: my shop joyns to my parlour, and the door between them is not always lock'd; he was not at work the day after he took the things: my lord mayor committed him, and as I had lost several things, I beg'd he'd let me know where they were; at last he said, there is some honour among thieves, and then he told where the things were; then we desir'd he'd let us know how he got in ; he told us, and at what time; he said he knock'd down the watchman, by which I understood he meant, he saw him safe at his stand.

Q. Had you made him any promises?

Woodward. No, my lord, none at all, or threats either; he said, he knew it was no more than a swimming bout, so voluntarily told the whole; he said, he came into the court about 2 o'clock, and went to work, saying, I came to the shop door, and work'd the pin of the window about, and it came out; I took down one of the shutters, and got into the shop; then I went into the passage, and open'd the street door, which has only a single lock, and bolted; I then put the shutter up again, and shut the street door, and went into the parlour, and grabled about as well as I could, for it was dark, and I was drunk; I tumbled down once, and wonder'd none of you heard me; so I took these things away, and if there had been a thousand pounds I would have had it.

Thomas Groves . I live in Turnmill-street; the prisoner at the bar came to me, last Tuesday was a month, and ask'd me if I would buy some prints; I told him, I did not understand them ; he said, Will you buy a tea-kettle? I said, I would if I liked it; he had this kettle; (the prosecutor deposed to it) we agreed for it, and as soon as I bought it, he gave me this velvet cap (deposed to by the prosecutor) into my hand, and said, I had this of the same person; I bought the other things of him; it is of no use to me, you may take it; the very next morning I saw this advertisement, upon which I went directly to the prosecutor's house with the tea kettle and cap; just as I came to the corner of the shop I saw the prisoner at work in it, so I did not go in, but went to a publick house and sent for the prosecutor: he was not at home, but an acquaintance of mine living near I sent for him, and told him the whole, and he acquainted Mr. Woodward of the affair, so he came to me on the 29th of October, about five o'clock in the evening.

Jane Williams . I am servant to Mr. Woodward. When the men had put up the shop windows, I heard them say, tell Jenny to key the window; I went down stairs and put the key in the pin, it was the very first time I ever did it, and don't know whether I pushed the key quite far enough for the spring to catch: there were a gentleman and gentlewoman drank tea in the parlour, who staid at my master's till almost eleven o'clock at night: I fastened the parlour window before I went to bed, but in the morning the window was a little open, and the blind and sash put up a small matter: the pictures were all in the room when I went to bed: as soon as I opened the window I saw a daub as though a man had been there: I missed the kettle at first, but did not look round to see whether any of the pictures were gone.

Thomas Woodward . I am brother to the prosecutor. On the second of November he told me he had got intelligence of the man that robbed him, so I went with him before my lord mayor: I heard him confess he opened the shop window: the same as the prosecutor depos'd before, with this addition, he was very sober when he made this voluntary confession.

Prisoner's Defence.

On the 29th of October I was at this shop in the morning, and went to breakfast at the Peacock in Bread street with the other men; then I parted with them, and in the evening I happened to go there again; I staid there till about eleven o'clock, then I went home to bed, and getting too much in liquor, I lay almost till nine next morning; when I went to the Roebuck to get some purl, in order to go to work; going along Turnmill street (properly called Cow Cross) I met a man with these things under his arm, he was a carpenter by trade; he said to me, my wife is dead, and I am afraid of having my goods seized, so I want to get somebody to dispose of them; I told him I never dealt in any thing that way; he told me he could get 12 or 14 shillings for them, so I agreed to give him eight shillings and sixpence; I had a shilling left; then I parted from him, and carried them home to my lodging ; I intended to have gone to work at noon, but stopping in Field lane at the Elephant and Castle, and failing into company, I spent great part of the day there ; then I went and found my master I work'd for, afterwards I went into a publick house; then I went home, and the next morning I went again to the Peacock in Trinity lane; there was my master; he said, John, I am glad you are come; I said it has been a drunken sort of a week; I designed to go to work, but met a man that sawed stone; he said, we have had a sad misfortune here, your master Woodward has been robbed; said I, in what manner? said he, on Tuesday about noon; so I went to work, and there was no more of it; then we went to breakfast, and dinner as usual; when I was apprehended I had time enough to have got away had I been guilty; when they mentioned it to me I put my coat on and went with them to Mr. Groves's, and there I told them I sold the kettle to him; said they to me, you might as well own it as not, you shall not be hurt ; then they called for a quartern of brandy, and gave me a glass full; then they gave me some purl, and I was so drunk that I could scarcely stand; I told them what money the things cost, and that they were not demolished; I gave them a note, directed them to my wife, and desired her to send the prints; as for the man I bought them of, I never saw him since.

Q. to Groves. Did you hear him make this confession? and was he sober?

Groves. I was not there when he confessed; I heard him say in the street he would confess, but I went home; I am sure he was not drunk when I left him.

Prosecutor. I did not apprehend any thing of his being drunk, I thought he was as sober then as he is now; he said, if I would give him a full pot of twopenny, he would tell.

Thomas Woodward , I verily believe he was then as sober as he is now, upon my word.

To his Character.

Thomas Kitchen . I have known the prisoner from his infancy; and, for whatever I have heard, he has always behaved honest and civil to every body.

Guilty Death .

54, 55. (L.) Henry Stevens and John Durham , were indicted for stealing one wherry boat, value 4 s. the goods of Edward Hilton , eight hundred weight of cheese, and 200 eggs , the goods of Joseph Knowles , October 31 . ++

Edward Hilton . I am a waterman ; my boat was taken away from Cole Harbour the 31st of October, between ten and eleven in the forenoon, there were in her 800 weight of cheese, and other goods, that is, coffee, tea, and eggs: I was going to Battersea, and took the goods into the boat myself.

Q. When did you see your boat after this?

Hilton. I saw her again about two hours after; she was brought to Cole Harbour stairs by one John Howard , and the things in her; when she was taken away I was gone up to Bishopsgate street with a basket of linen.

Q. What are the prisoners?

Hilton. They are watermen , one of them is an apprentice; Stevens was brought back in another boat, and the other was taken in Esq; Theobald's yard.

Joseph Knowles . I know no more, than that the 800 weight of cheese and other goods are mine; I always employ this waterman to bring such things as I want, &c.

Charles Oadley . On the 31st of October, between ten and eleven o'clock, Mr. Allop was going to Queenhith, and saw, as he told me, the boat taken away; I then went up to justice Theobald's yard, where I saw Stevens standing; there lay Mr. Hilton's boat ; as soon as he saw me row up to the boat, he ran through the timber yard, so I landed and ran after him.

Q. Did you know what was in the boat?

Knowles. I opened the tilt and saw the cheese and eggs, and other things; I took Stevens and rowed him down in my boat, and another man rowed Mr. Hilton's boat down to Cole Harbour, and when we came back from before my lord mayor Durham was taken.

William Allop . I saw the prisoners row by me at Queenhith, October 31, between ten and eleven o'clock, they were in Mr. Hilton's loaded boat covered with a tilt,; I saw them row as hard as they could towards the Old Bargehouse, Surry; seeing them come out of Cole Harbour, I rowed down thither, and inquired if some poor man's boat was not taken from thence; a boy answered. yes, Mr. Hilton's boat was rowed away with; then I saw Mr. Oadley at the Old Swan, so he and I rowed up to Esq; Theobald's, where we found the boat; I jumped into her; Mr. Oadley took Stevens and brought him down to Cole Harbour, and I rowed the other boat down; Durham owned the fact before justice Hammond.

Durham's Defence.

I took this boat to go off to fetch mine, there was a barge came through bridge, which I thought would have been staved; the boys cried. come biar a hand to get her on shore ; there was a man swore he would throw us both overboard, and kept rowing after us, so we rowed to get from him.

Both Guilty .

[Transportation. See summary.]

56. (L.) Charles Cragy , was indicted for stealing two pounds and half of cotton wool, value 2 s. the property of Joseph and David Francoe , November 17 . ++

James Emmerson . I took the prisoner the 17th of November with this cotton on Galley Key, between the hours of one and two at noon; there are two pounds and half of it. ( The evidence produced an apron which was tied about the prisoner when he took him with a pocket in it, with a slap to cover the pocket on each side, made on purpose to carry off such like goods undiscovered.) First of all I saw him go up to the corner where the cotton lay, and observ'd his apron hung loose as being empty: I went round to get upon the bags and detect him in taking it out, I saw him hustling against the bag, but cannot say I saw him take any: I did not observe a hole in the bag before, but afterwards there was one visible enough : I met him loaded, and took him by the collar; he said he did not care what became of him, for he had as lief be transported as stay here to starve to death.

John Taylor . I am a watchman. After Mr. Emmerson seized the prisoner, he shewed me the bag, it belongs to Mr. Francoe a Jew: I was employed by Mr. Adams, his clerk, to take care of it.

Q. Has Mr. Francoe any partners?

Taylor. None as I know of.

(Mr. Adams the clerk proved the partnership, and made the property as laid in the indictment.)

Guilty .

[Transportation. See summary.]

57. (L.) James Hanks , was indicted for stealing one calf skin, value 5 s. the property of Richard Highton , October 25 . ++

Richard Highton . I am a watchman , and look after the carcasses, sheep, and calves skins, &c. in Whitechapel , and what are lost I must make good. On October the 25th, between eleven and twelve at night, the watchman that was down lower than I met him with a calf skin on his back, and it appeared to be one which I had put upon a pack of veal upon a stall just before.

Q. What did you know it by?

Highton. I had put two there together, one was a pyed, the other a brown; the brown one was taken away, which I missed in about two minutes; the prisoner had carried it about 80 yards: my partner called to me, upon which I ran down, and found that he was stopp'd.

George Benskin . I am a watchman, &c. He stopped the prisoner, and confirmed the above.

Prisoner. If I did it I was drunk, for I was so when I came to the Poultry Compter; I had been but six weeks in London, and did not know where to sell it.

Guilty 10 d .

[Whipping. See summary.]

58 (L.) John Allen , was indicted for stealing one pair of copper scales, value 2 s. 6 d. the property of Edward Warrin , December 5 .

Anne Warrin . I am wife to the prosecutor, we live in Aldermanbury ; I keep a chandler's shop ; the prisoner came for a farthingworth of beer on Wednesday last; while I was drawing it I saw him steal my scales: he went away, and I followed him to Brewers Hall; then I took hold of his coat, and he gave me the scales; after which he ran away, and I followed him, but Mr. Buck came out of the Cheshire-cheese alehouse and stopped him.

Mr. Buck confirmed the above, saying, at that time she had the scales in her hand.

John Crosts . I saw the prisoner at the bar deliver the scales into Anne Warrin 's hand in the street, so I ran to take him, but when I came to the end of the lane Mr. Buck had taken him.

Prisoner's Defence.

I don't remember taking the scales, I had been drinking that day: neither do I remember that that man saw me give them to the woman.

Q. to Mrs. Warrin. Was he in liquor at that time?

Anne Warrin . No, my lord, he was no more in liquor than he is now.

Guilty 10 d .

[Transportation. See summary.]

59. (L.) John Omitt , otherwise Chatham , was indicted for breaking and entering the dwelling house of Francis Clark , and stealing two earthen plates, one earthen pot, one window pin , the goods of the same Francis. Nov. 11 . +.

Francis Clark . I live right against St. Andrew's Church, in Shoe-lane ; I work at shagreen case making ; between 4 and 5 o'clock, on the 11th of last month, I was alarm'd by a cup falling down from my mantle-piece ; I got up, and came down stairs in my shirt; there I saw the prisoner just returning from the fire place; I saw a cup, a saucer or two, two earthen plates, a tea-pot, he had mov'd from the mantle-piece to the table; he had mov'd a great many things ; as soon as I saw him in my house, I call'd, watch and thieves; and said, very well, Mr. Chatham, I know you very well.

Q. Had you ever seen him before?

Clark. Yes. my lord, I had seen him many a time; after this, he jumped out at the window, and left the things on the table: I miss'd only the iron pin of the window; he turn'd back, and put his head into the window, and said, Now you may call watch, and be d - d, if you will. At 9 o'clock in the morning, he return'd back before I was up, to vindicate himself; and said, I hear you charge me with breaking into your house; I call'd out at the window, and said, stay, and I'll come down to you presently; then he burst into the house, and would not let my wife, or me, go for a constable; my wife was forc'd to call out of the window; then he said, he'd go along with us to the constable, but when he saw the constable at his own door, then he would have got away; I charg'd the constable with him at that time.

Q. Have you any women lodgers at your house ?

Clark. I have only one, she mends and makes my wife's things; she is now making up her child-bed linen.

Q. What business does your wife do?

Clark. She goes out a washing and charing, at people's houses.

Q. Do you keep this lodger for that purpose only?

Clark. Yes, I do, but she takes in other things besides.

Q. Is she a maid, or a widow?

Clark. She is a widow.

Q. Does any company come after her at times?

Clark. I don't know there is any company comes to her.

Q. How long has she been with you?

Clark. She has not been long. I never heard but she is a person of a good character.

Q. What is her name?

Clark. Her name is Mary Maxwel .

Mary Maxwel . I was at work, making Mr. Clark's wife's child-bed linen.

Q. Do you know the prisoner at the bar?

M. Maxwel. I do, by sight.

Q. Tell the court what you have got to say against him.

M. Maxwel. Betwixt 6 and 7 o'clock at night, on the 10th of November, I fastened the windows, the next morning between 4 and 5 o'clock, I Leard Mrs. Clark call out thieves.

Q. Where was you?

M. Maxwel. I was in bed; after that, about 7 o'clock in the morning, Mrs. Clark call'd me up; when I came down stairs, Mrs. Clark came down also there had been some body in the house; Mr. Clark said, it was William Chatham he came about 8 or 9 o'clock in the morning. and kick'd against the door; and said, he would break the door open, if Mr. Clark would not let him in; when he came in, he said, Mr. Clark, do you say I broke your house open? So they went to the constable together, and Mr. Clark took a stick under his coat for his defence.

Prisoner's Defence.

I know this witness is a very disorderly woman; last Saturday night was 3 weeks, I was coming down Shoe-lane, she ask'd me to give her a dram; she took me with her to this house; they sell drams; there I gave her eighteen pence to go up stairs, to lie with her; after that, they contriv'd to charge me with breaking their house.

Acq .

60. (M.) Elizabeth Lane , spinster , was indicted for stealing one blanket and sheet, value 5 s. the goods of Benjamin Dickson , Nov. 28 . + Acquitted .

61. (M.) Charles Eastwood , was indicted for stealing five paunches, value 4 d. five gallons of blood, value 2 d. 60 pounds weight of fat , the goods of William Waller , Oct. 3 . + Acq .

62. (M.) Isabella, wife of James Hichcock , was indicted for stealing one linen sheet, value 4 s. and one pillowbare , the goods of James Frances , Nov. 20 . ++

It appear'd by the evidence given by Jane Frances , the things mention'd were goods let by contract, in a lodging room, and the indictment was not founded on that act of parliament; the prisoner was acquitted .

63. (M.) Ann Holland , spinster , was indicted for stealing one feather, and flock bed, one boulster, one iron grate, one box-iron, two heaters, two linen sheets, one quilt, two blankets, the goods of Elizabeth Turnbull , widow , being goods let by contract, in her lodging room , Dec. 3 . ++

Elizabeth Turnbull . I live in White Lion-street, by the seven Dials ; I let a ready furnish'd room to the prisoner at the bar, a fortnight ago last Monday; there were the things in the room, mentioned in the indictment: I miss'd them out of the room, last Monday morning at one o'clock; the watchman call'd me up; there were four chairs stood in the entry, ready to be carried away; she was in her room, when I went to the door, she would not let me in at first; the things were gone; I charg'd her with taking them away; she said, she did not, but when she was in the round house, she confest to a person that I sent to her, where they were.

Q. Is that person here?

E. Turnbull. No, my lord, but by her directions, the bed and bed-stead were found that same day in Fetter Lane.

Newman John Tompson . I am a watchman; just after the clock struck one, on the 3d of December in the morning, I saw the prisoner standing at the prosecutrix's door, in a white cloak; she spread her arms wide, that I should not see the four chairs in the passage, behind her at the stair foot. I saw them and ask'd her, whether they were coming in, or going out; she said, she had just brought them in; I had seen the door shut too, about a quarter of an hour before, when I went by; then I call'd up Mrs. Turnbull; she came down, and said, the chairs were her's; we then went up stairs, but the prisoner had fastened the door, and would make no answer; upon which, Mrs. Turnbull fastened the passage door, so I went away and came again at 3 o'clock; then the landlady push'd the prisoner's door open, and said, she miss'd the things mention'd in the indictment; I took her to the constable of the night, there she confess'd she brought one of the chairs down.

Prisoner's Defence.

I went out that night between 5 and 6 o'clock, and when I came home about 9, my husband had carried away all the things.

Q. to the prosecutrix. Did she take the room as a single, or a married woman?

E. Turnbull. She took it as a single woman; I never saw a man with her; she has talked since of a husband, and she has said, she did once live with a man 8 months, but was not married to him.

The watchman said, he liv'd in the same house, but never was in the prisoner's room, nor did he ever take her to be a married woman, saying, he never saw a man with her; but that this night, at about 11 o'clock, he saw a man in a blue coat near the door in the street, leaning upon a post.

Guilty .

[Transportation. See summary.]

64. (M.) Mary Brown , spinster , was indicted for stealing one hat value 1 s. 6 d . the goods of our sovereign lord the king, Nov. 14 . ++

Isaac Chilesman . I am a soldier , and was quarter'd at the George, Great St. Andrew's-street, near the seven Dials ; My landlady sent me out for some oil, on the 14th of Nov. about noon, my hat was then up two pair of stairs; when I return'd, I saw the prisoner in my landlady's custody, who had taken her with my regimental hat upon her.

Q. Did you know the prisoner before?

Chilesman. I had seen her in the house several times, offering Ballads to sale.

Miles Larmer . I live at the sign of the George; I was taking down a lamp at my door, the prisoner came down the passage, as though she came down stairs; I ask'd her where she had been, she ask'd me what it was o'clock; she had a cloak on when I took hold of her; she threw her cloak up, and said, you may search me, I have got nothing; and as she turn'd round, my wife saw the hat through a hole in her petticoat, so we took it from her. It was produc'd in court and depos'd to.

Prisoner's Defence.

I went up stairs along with a little girl; she gave me a hat, and said, stay till I go down stairs; I did, then I came down, and did not see the girl afterwards.

Guilty .

[Transportation. See summary.]

65. (M.) Elizabeth Knight , otherwise Elizabeth wife of William Castle , was indicted for stealing one pair of sheets, value 3 s. one iron pot, one tin pot, one pair of bellows, the goods of Christopher Wood , from her lodging room let by cont ract, &c. November 1 . ++

Mary Gibson . My master's name is Christopher Wood . The prisoner at the bar took the lodgings in August, I was by at the same time, and delivered her a pair of sheets, bellows, &c. for her use in the room; they were missed the first of Nov. then I went into the room to see what was missing, and found the things abovementioned in the indictment were gone: we took the prisoner before the justice, where she confessed the things were in pawn, and told the place: I went to the pawnbroker, who said there were some things at his house of the prisoner's bringing, but would not tell what.

Dorothy Wood . I let this woman the room, and delivered the sheets and key, an iron pot, a tin pot, and a pair of bellows to my servant to deliver to her: when we missed the goods the prisoner told us she had pawned them, and we might do our worst, she did not value us: we asked her where they were pawn'd; she said in New-street: I went to the pawnbroker's, who informed me that some things had been pledg'd in her name, but would not satisfy us any further.

Prisoner's Defence.

My husband William Castle took the room, I did not; I live in the Minories, but going to see how he went on, they took me; she knows I have a husband; they sell drams, and my husband used to go in every morning for a dram before he went to work.

Q. to Dorothy Wood . Who did you let the room to?

D. Wood. I let her the room, I never saw William Castle for a week after.

Q. Did she say, when you let her the room, she had a husband?

D. Wood. She said she had a husband, and his name was William Castle , who came to her after wards.

Q. Did he lodge with her?

D. Wood. I don't know but he did, I never saw him in the room, he used to be backwards and forwards.

Prisoner. He was by when I paid the first money.

Q. to D. Wood. Is that true?

D. Wood. It is, my lord, he was by.

Q. to Mary Gibson . Did she say she had a husband when she took the room?

M. Gibson . She said she had, but she paid the earnest for the room, and took it a week before he was there.

Acquitted .

66. (L.) Joshua West , was indicted for embezzling 30 l. the property of the governor and company of the Bank of England , to which he pleaded Guilty .

67. (M.) Richard Blackaway , was indicted for stealing 12 weather sheep, value 9 l. four ewe sheep , the goods of George Swanson , Nov. 29 . ++

George Swanson . I am a butcher , and live in the Minories. I delivered 16 sheep to John Bennet last Monday was se'nnight in Smithfield to drive them to Averyatch on the forest side, and on Wednesday. I rode by his door, and saw his servant, who told me the sheep were lost: these sheep were marked with a cross in the forehead with oaker, and red lead on the backs: I have seen the skins since of all the 16 at Mr. Browning's in Barnaby street, but would not be so positive as to swear to them.

John Bennet . I was employed by Mr. Swanson to drive these 16 sheep home to Essex: my servant, Edmund Duff , was driving them to Eastham; I went and met him at Mile End betwixt three and four o'clock in the afternoon, and return'd back with him to my house at Eastham : I put them into my own field over night with intent to have driven them to Averyatch the next morning, but found, when I went into the field about five o'clock, that they were gone.

Q. How were they mark'd?

Bennet. They were mark'd across the faces with oaker, and upon their backs; I went and had them cry'd at Rumford, on Wednesday, the market day; and sent a man to London to enquire after the skins; Duff brought me word of a sheep offered to be sold, so I went to London on Thursday night, and took the prisoner at the bar; I had intelligence where to find him, he, and another man, had taken a little shop in Radcliff highway ; there I believe was one of the sheep hanging up, without the skin, but I will not swear to it; he told me, the skins were sold in Barnaby-street, and by whom; the man is here to give evidence, his name is Thomas Dennis ; the prisoner told me, the sheep were brought to him by another man, on Monday night, about eleven o'clock; I went to Mr. Browning's in Barnaby-street, and saw the skins; I am sure they are the same skins.

Edmund Duff . I am servant to Mr. Bennet; these 16 sheep were deliver'd to me in Smithfield last Monday was sevennight; there were twelve weathers and four ewes; they were mark'd cross the foreheads with oaker, and red lead on the backs; I drove them as far as Mile End, there I met my master, and he help'd me to drive them home; we put them in the field, and on the next morning, which was Tuesday, they were gone; the prisoner said, he employ'd another man to sell the skins, and that a man brought them to him; we got the man that sold the skins, and went to Barnaby-street, and found the skins there; I am sure they are the same skins.

Thomas Dennis . There were two porters brought in 13 sheep to the prisoner's shop, when I was there; Mr. Syms, that lives at the next door, said, they should not hang up there; he wanted me to move them; I said, Mr. Syms, why should I work for nothing? the prisoner said, the sheep were his, and that he would pay me if I would move them; he paid a shilling to the clerk of the market when I took them to the place where the countrymen come in, I saw him sell two of them; after that I cut off the heads for him, and sold some of them, so gave him the money; then he went to the Beehive in Leadenhall market and paid me; he afterwards told me he should have threescore more pigs and sheep together, and I should sell them all; I sold the skins at the Ship alehouse in the borough of Southwark for the prisoner.

Prisoner's Defence.

I never told him the sheep were mine, I staid by the carcasses while they were sold.

Acquitted .

68. (M.) Joseph Hatchett , was indicted for stealing five pieces of cardus binding, value 2 s. the property of Richard Avery , Nov. 7 . ++

Sarah Avery . On the 7th of November the prisoner came into my shop.

Q. What sort of a shop do you keep?

S. Avery . I keep a chandler's shop, and sell binding, and such things ; my little girl was at the door, she call'd, and said, there is a man come in, and gone out again, and said nothing; I then went to the door, and upon the floor I found a piece of green binding; I saw the prisoner at the bar going a-cross the kennel, I ask'd him what he wanted in my house; said he, I wanted some small beer, and you told me you had none; he went on, and I went in to see if he had taken away any thing; I soon miss'd some binding, and immediately pursued him: two men, by my desire, ran after him, and took these pieces of carduus binding from him; here are five of them, four he had about him, and one lay upon the ground; [They were produc'd in court, and depos'd to.] they were in the shop window about a quarter of an hour before the prisoner came in.

John Howard . I met this woman in ropemaker's field near her house, who told me she had been robb'd, so I ran after the man, and asked him what he had got in his bosom; I took hold of him and found the four pieces in the side of his bosom, which I delivered to the constable. I will not swear these are the same pieces, having never seen them since, but they are like them, if not the same.

Thomas Barnet . I am a constable. The last witness gave me these four pieces of cardus; I was coming by just as the prisoner was taken into custody.

Guilty .

[No punishment. See summary.]

69. (M.) Jane Faulkner , otherwise Steward , spinster , was indicted for stealing one pair of silver buckles, value 5 s. one silver stock buckle, value 1 s. four gold rings, one pair of ear rings, one guinea and half in gold, and fourteen shillings in money, number'd, the goods of Bridget Bourne , widow , in the dwelling house of the said Bridget , December 2 . ++

Bridget Bourne . I live in Hedge lane , and the prisoner lodged in my garret: last Saturday, about twelve o'clock at night, she came into my shop for a halfpenny candle, when I was going to bed, for I lie in the shop; my pockets lay by me, and I missed them when she was gone.

Q. What were in your pockets?

B. Bourne. There were in them four gold rings, a little pair of ear rings, a pair of silver buttons, a pair of silver buckles, a stock buckle, a guinea and half, a piece of queen Anne's gold, fourteen shillings in silver; I called out to a poor man in the back room, who went with me and another man to search her room, but could not find the things; she threw them out of the window, and ran down stairs, so in her absence we found the empty pockets out at the garret window, which were reached in with a pair of tongs. We took her below, and searched her pockets, but all we found were a few things of no value, which I had in my pockets before they were lost.

Q. What were they?

B. Bourne. A sciatica bone, a little thimble of my child's, a bit of sealing wax, and a bit of allum. Thomas Draper , who lodges in the two pair of stairs room, put his hand to her belly, and felt something hard, saying, I believe it is here, so found the money and took it out.

Thomas Draper . I am a lodger in this house; I was in bed betwixt-eleven and twelve o'clock last Saturday night, about which time it was rumoured in the house that my landlady had been robbed; upon which I immediately put on my breeches and went down stairs; then suspecting the prisoner, I desired she might be searched, which was accordingly done twice, but found nothing upon her; the watchman insisted upon carrying her to the watch-house; I happened to bob my hand against her belly, and feeling something hard, asked her what it was; she replied, it is only my two bones; said another man, if you are going to feel, we are all married men; I took out of a private place under her petticoats all the things, viz. the buckles, stock buckle, a guinea and half in gold, and a piece of touch gold.

Caleb Birch , I lodge in this house. Last Saturday night about twelve o'clock I was called to my landlady's assistance, accordingly Mrs. Bourne and I went and searched the garret, but found nothing there; then looking out of the window perceived the pockets hanging upon the eaves; after which the prisoner was searched three different times, the last of which the things were found, whereupon she said, Lard, what have I brought upon my self!

James Knapper . I lay there on Saturday night with Mr. Burch, and saw the prisoner at the bar as I came in at the door; about ten minutes after that the prosecutrix said she had been robbed; Mr. Burch went up with her and searched the room; I staid below stairs to see who went out; I saw the prisoner searched and the goods found upon her as mentioned in the indictment; I held her by the arm while Mr. Draper and the prosecutrix seized the things.

Q. to the prosecutrix. Are you sure these things were in your pockets at the time you say you was going to bed?

Prosecutrix. I am sure they were.

Prisoner's Defence.

Those two witnesses were along with the prosecutrix when I went for the candle to make my bed; the prosecutrix came after me, saying, you have got my pockets, and stripped me quite naked; said I, if you search my room, search every room in the house; they all came about me, but what they put into my pocket I know not.

Guilty 39 s .

[Transportation. See summary.]

70. (M.) William Floyd , was indicted for forging and publishing a certain receipt for money; part printed, and part written, with an intent to defraud , March 21 . +

George Dear . I live in the parish of St. George's, Wapping; I am a perriwig maker; I have been acquainted with the prisoner two or three years; I employ'd him as a broker, to buy and sell stocks; he once sold out about 250 l. of mine; he advised me to make use of my money, to lend upon East-India warrants, because then I should receive five per cent, which the stocks did not bear; I employ'd him to sell it out; then I desir'd him to lend it on East-India warrants, which he had before recommended to me; this was sold out in March last; I saw him in about two days, and he then told me, he had lent my money upon these warrants. When I came again, he brought me one of these receipts, No. 782; this is not the first he brought; the first he brought me, I since deliver'd back again, for another with more money; the first was in the same nature as this, for 103 l. that was on the 18th of March, but this I had the 21st of March, he brought this for the security of 156 l. 18 s. 7 d.

Q. Did you accept that as the only security, or did he give you any other?

Dear. He gave me his own note with it, at the same time; to the best of my memory, it was drawn in my presence; I understood it he had a receipt of Mr. Constable; the prisoner acted as a middle man between us; he told me he had a note of Mr. Constable's, but I did not ask him for that, at that time.

Q. Would you have lent this money on his note, without having this, which you at that time took to be a warrant?

Dear. No, I would not, sir.

Q. When was it dated?

Dear. It was dated March 21, 1749.

Q. Did you make application to Mr. Floyd. in order to be satisfied, as to the reality of that instrument he had pledg'd with you?

Dear. Some time afterwards, I believe about three months, I ask'd to see the goods; I expected to see them in the East-India company's ware-house; he told me, it was not customary to see the goods; that they were under two keys, the company had one, and the government the other: so I was satisfied at that time.

Q. Did you know Mr. Constable?

Dear. No, I did not. I receiv'd the first quarter's money when it became due; and the next I receiv'd was of the prisoner, in the month of August; I made farther enquiry of a gentleman, to whom I was recommended : he satisfied me so far that he thought they were good, but he said, if any one of the parties should die, I might be troubled to get my money. I had ask'd the prisoner several times after Mr. Constable, in order to see him, to be satisfied about it, whether he had had my money; but he did not tell me where he liv'd. I wanted him to call my money home at the expiration of six months; I demanded principal and interest on the 21st of Sept. He told me he had seen Mr. Constable and told him of it, and had appointed a time of payment : it being prompt time at the India-House, he said, he could not pay just then. I apply'd to the prisoner after this again, then he brought me a guinea, he said Mr. Constable sent it to buy me a pair of gloves, and told me, he would come down to my house. I refus'd to take it, he lost it on the table; after this I saw him again, and ask'd where Mr. Constable liv'd; he said, near St. George's church Southwark ; I desir'd him to go to him along with me, this was on the 15th of Nov. he told me, he was to go out about business in the morning with a gentleman; then I desir'd him to set a time next morning; he said, he could not go, but at last agreed. I call'd upon him that morning, and found him at home in the Minories, between 9 and 10 o'clock. Then I claim'd his promise to go with me; he said, he was oblig'd to go out about business ; I importun'd him much, he said, he could not. Then I ask'd him to give me directions where he liv'd, for I was resolv'd to go myself. He told me he liv'd near St. George's church in the Borough, but said, he had forgot the street: he told me I might enquire at the Grayhound Inn there, and there I should have a full direction. I went immediately ; when I came there, the master of the house was out, and the woman did not know any such Man. She said she knew the prisoner. I was about an hour and half enquiring about there, at length I found where he liv'd, by enquiring at a publick house, where the servant maid told me she had liv'd with Mr. Constable. I found by her he liv'd on the back of Guy's Hospital. I went and found his house, and his servant told me he was at the King's-Head coffee-house, Swithens Alley. I went thither, and there I found him and told him my business; he desired to see this receipt, before that I thought they were warrants; he looked upon them and immediately said they were false. I ask'd him if he had had any dealings with the prisoner in the Tea way; he said he never had in his life.

Q. Who drew the Promissory Note?

Dear. The Prisoner at the Bar.

Q. Is the hand Writing in the receipt and that it is filled up with the same?

Dear. I cannot tell whether it is the same or not. Mr. Constable desired me to go and take the Persons up, or I should lose all my Money. I went with the receipt to Mr. Oswell an attorney, and he went with me to the East India House; there I saw Mr. Holbrook, he is the Warehouse keepper. I desired him to go and check this receipt; we found the goods were weighed, Mr. Holbrook deliver'd the receipt to Mr. Oswell, and Mr. Oswell to me.

Cross Examined.

Q. Are you sure that is the same receipt you received of the prisoner?

Dear. I am sure it is, Sir.

Q. How long has it been out of your hands?

Dear. Ever since the 16 of Nov. [it is read, and is to this purport.] No. 782 received 21st of March 1749, of Mr. Joseph Constable , the sum of 167 l. 16 s. 7 d. for Lynn, folio 138, No. 716, 745, 746, 3 Chests Bohea Tea, &c. sold him by the East India Company at their sale, 1749, September, for whose use I say receiv'd,

Wm Webb , E. 164 W. B.

James Whitehall.

The Note to this purport.

London March 21, 1749. Borrowed of Mr. George Dear , 156 l. 18 s. 7 d. for the security of which I have deposited in his hand a receipt Bohea Tea. No. 716, 745, 746. and I promise to pay to Mr. George Dear the said Sum of 156 l. 18 s. 7 d. with Interest, Wm Floyd .

Counsel. That W. B. was set by Mr. Alderman Baker, when he examined it.

Simon Holbrook . I am Warehouse-keeper to the East India Company, Mr. Dear came to me on Saturday the 17th of Nov. and brought this receipt, and Mr. Oswell's Clerk was along with him, he asked me whether it was good, he said the Goods lay in Lime-street Warehouse, I went along with him there, I examined the Books, and found the Goods were delivered the 8th of Feb. 49, to Mr. Samuel Torin . I have the original Warrant here; our method is, the Warrant is first given to the Buyer, and we have the receipt in our Office; then when any part of the goods are delivered we keep the warrant and deliver up the receipt. The warrant was produced in Court. The company could not have had this warrant, had not the goods been delivered up to Mr. Torin; [it is read, the contents to this purport.] You are desired to deliver to Mr. Robert Sedgwick , for Mr. Samuel Torin , the following goods for Lynn, folio 138. No. 716, 745, 746, 3 Chests of Bohea Tea, weight 938 1/2 at 3 s. 5 d. sold him by the united East India Company, in the Sep. sale 49, he having paid for the same, 149 l. 10 s. 1 d. after the discount &c.

William Webb .

James Whitehall .

[This is the warrant that was in the Company's Custody for these 3 Lotts]

Mr. Torin. This is the real warrant, it is my hand writing; the Indorsement, and the receipt below are my Clerk's writing.

Joseph Constable , he is shew'd the forg'd receipt.

Q. Did you in Sept. sale 49. buy the goods mentioned in that receipt?

Constable. I did not, sir.

Q. Did you deliver that receipt now in your hand to the prisoner at the bar?

Constable. No, sir, I did not.

Q. Did not you imploy him to borrow on it?

Constable. No, sir, no person would lend any thing on it. Mr. Dear brought it to me at the Coffee-house, in Nov. that was the first time I ever saw it, he wanted to know of me whether I sold these goods mentioned, or whether it was a genuine warrant, I told him I never sold Mr. Floyd any such goods.

Cross Examined.

Q. Do you know one Venter?

Constable. Yes I do, sir.

Q. Where is he now?

Constable. I don't know, he is gone off.

Q. Have you not heard since he is gone off, some ill practices of his ?

Constable. I have been informed he was suspected of forging the company's warrants.

Q. Was there any thing, do you know, between the prisoner and Venter?

Constable. I never saw them together.

Q. Did you ever buy goods for Venter?

Constable. I did at the Michaelmas sale ; I cannot tell what sort, or who they were delivered to. They were weighed in my name.

Q. Have you ever seen Venter write?

Constable. I have [he is shew'd the false receipt.] I do not think it any thing like his writing.

Q. Do you think any man that is a Broker would take any of these receipts for the security of money?

Constable. A man that is a Broker knows better, he must know it is no security at all.

Q. Would he not suppose it was a true receipt?

Constable. The receipt never is delivered till part of the goods are delivered, if part of the goods are delivered they write that upon it, then it is good for the residue, that is all.

Q. Suppose a man has a true receipt with nothing more upon it, would it be of any use to any man living?

Constable. I would not lend one shilling upon it.

William Webb , [the receipt is put into his hand.]

Q. Is that William Webb on it your hand writing?

Webb. No, it is not.

James Whiteball . I am assistant to Mr. Webb, he is one of the joint Treasurers, [it is put into his hand.]

Q. Is the name James Whitehall on it, your hand writing?

Whitehall. It is not, sir.

Q. Do you know there was a sale of goods in Sept. 49, were there any goods in these particular numbers?

Whitehall. There were 3 Chests of Bohea Tea sold at that time, of these numbers.

Q. How do you know that?

Whitehall. I know it by the original warrant.

Mr. Hall. I am Clerk in the accomptants office. there was a sale of goods in the Year 49, I attended that sale.

Q. Do you remember what Lot 716, 745, and 746, were?

Hall, I can tell if I had the book, [the book was put into his hand.] I wrote it down as the cryer confirms it, by crying as loud as he can, such a person's name, at such a price, after the Auctioneer has called it, [he opens the book.] here is an account of the Cargo of the Ship Lynn, here is Lot 716, 745 and 746, 3 Chests of Bohea Tea, the weight of the whole 1000 and 9 pounds, the price too in the book is 3 s. 5 d. per pound, this is not the neat weight, this is what we call the water side weight.

Q. Who were the three chests sold to?

Hall. They were sold to Robert Sedgwick .

Simon Holbrook . The goods belonging to this receipt were in Limestreet warehouse, they are sold and delivered.

Q. Did you see them delivered?

Holbrook. No, Sir, I did not.

Mr. Mordant. Here is Mr. Sedgwick's order for weighing these three chests of bohea tea, No. 716, 745, and 746.

Q. When were they weighed?

Mordant. They were weighed on the 9th of January.

Q. Who weighed them?

Mordant. I weighed them, the neat weight is nine hundred thirty eight pounds and half, at 3 s. 5 d. per pound, here is the weighing note of my own signing, they were part of the Lion's cargoe.

Prisoner's Defence.

I do declare I did borrow the money of Mr. Venter, and at the same time thought the receipt was as good as India bonds, or other security; I carried them to Mr. Dear, and made no manner of doubt in giving him my note as an indemnity; I have always attended publick in my business, and was in Sept. with Mr. Chancey, who, at that time, asked me how I should act was he in my case, that he might not be charged with an officer at that time; I told him, was he in my case and I in his, he should deposit something in my hands, and I accordingly gave him two warrants; by the account I gave him he thought me to be an honest man, and advised me to do the most I could to detect the villain that had imposed upon me ; I did try all manner of arts and schemes to take him. After I had been with Mr. Chancey near a month, I voluntarily went to him again at the East India house, and attended him there in order to have the liberty of selling my goods. Mr. Dear is mistaken in saying I did the business for Mr. Constable; I did not tell him that till the 21st of September, at which time I knew Mr. Venter was gone, for which reason I made use of Mr. Constable's name in order to get time to take Venter up, and to pay the money, which I expected I must do out of my own fortune.

For the Prisoner.

Mr. Chancey. Mr. Venter had made use of a receipt that appeared to be a forgery when it was made; Mr. Floyd was then absent from England; I was uneasy about these false warrants and receipts ; when the prisoner was brought to me I examined him how he came by a receipt which was forged, and produced against him; he told me he had it of one Venter, with much the same he has now declared; I thought him innocent, but told him I could not let him go without some security for his appearance ; he did deposit two warrants with me for teas to the amount of about 120 l. I did not chuse to do this of my own head, so I sent for a friend to talk the thing over, and it did appear to me he was not guilty. Some time after this he said he had an opportunity of disposing of the teas, and applied for liberty so to do; he was before the committee and told his story there, who gave him leave to go about his business upon condition he deposited the warrants. This is the fact as near as I can relate, but this does not relate to the affair now before the jury.

Herman Barker . The prisoner did apply to me to look after Venter the latter end of this summer ; he said he lived opposite the Fleet prison, and was a grocer; I went to the house at the corner of Fleet lane and enquired out his character; the prisoner said he had bought some notes of him, and that he thought they were forged, so wanted to bring him to justice. I repeated my enquiry on Sunday following, but could not find him; Floyd came to me afterwards, but I told him I could not go any more; he asked me if I knew where to find a person that would, and I proposed to him one Williamson.

Cross examined.

Q. What are you?

Barker. I am a Vintner, and live at the Salutation Tavern in Nicholas street.

Q. What time was it when you made this enquiry?

Barker. I take it to be in August.

Q. Did you ever find Venter?

Barker. No, I never saw him.

Q. Did you go to his house?

Barker. No, I did not.

Q. Did you know he was gone off then?

Barker. No, I did not, sir.

- Williamson. I was applied to by the last evidence to make enquiry after Venter about six or seven weeks ago.

Theophilus Hearsay . I have known the prisoner pretty near a twelvemonth, and have trusted him with 2000 l. value at a time, with which he might have run away; I waited above half an hour in Bartholomew lane till he brought it me.

Q. When was this?

Hedrsay. It was on the 18th of October; I always thought he was an honest man, even after this I have trusted him to go to the Bank to fetch money; once it was either 40 or 50 l.

William Sands. I have known him about a year and half, and have trusted him with a great deal of money (2 or 300 l. at a time) his general character is very good.

John Lee . I have known the prisoner from the year 1747; I frequently employed him, and look upon him to be a very honest man.

George Gorman . I have known the prisoner two or three years, and he has a general good character.

John Briggs . I have known him three or four years, and have had dealings with him; he always paid me honestly, and I never heard any thing to his discredit till this.

Acquitted .

71, 72. (M.) Adam, otherwise William Dawson and John Foster , were indicted for robbing David Humphries on the king's highway of one silver watch, value 40 s. one perriwig, value 5 s. one silk and cotton handkerchief, four guineas and half in gold and 5 d. in money, number'd , November 12 . ++

David Humphries . I had been in Wapping last Monday was three weeks, and, at a place called Sampson's Gardens there, between seven and eight o'clock at night, Hardwich, the evidence, came up to me and took me by the collar; he held a bayonet to my breast, and bid me stand, saying, if I cried out I was a dead man; the two prisoners at the bar were with him; they all fell upon me at once ; they got me upon the ground, and the two prisoners stamp'd upon my side; they bruised me very much, and also broke my head and cut my finger.

Q. Was it a light night?

Humphries. It was not a very dark night.

Q. Did they take any thing from you?

Humphries. They took my watch, four guineas and a half and 5 d. in money, a wig and handkerchief; the prisoner, Dawson, took these things, except the handkerchief, and that Hardwick took, they used me so ill, that they left me speechless; (he produced his breeches in court, the pocket and a large piece of the whole cloth cut off) I cried out, but nobody came to my assistance.

Q. How long were they with you?

Humphries. About five or six minutes; after they were gone, a saylor came by and helped me up; I went home and was not out of my bed for a fortnight.

Q. Are you sure the two prisoners were two of the men that robbed you?

Humphries. I am as sure as there is a just God in heaven.

John Morgan . On Saturday, the 17th of last month, I and another man went into the Shovel alehouse, East Smithfield ; in came Dawson dressed very well; I said to him, you look pretty tight, &c. he told me he had got four guineas and a half of a man, and he kept four guineas of it to himself, dividing the other half guinea among his apprentices. A young man of my acquaintance, who was with me, wanted a watch ; I asked him if he had ever a one; the prisoner said he had one in pawn for 30 s. and that I should have it for six more; he said he did not pawn it himself, but a young woman did, whom I will send to fetch it out ; I was to meet him at the Swan in Swan alley about four o'clock; I spoke to two or three more men, and we went together to the Swan thinking to apprehend him, but he was gone; the next day I heard he was taken.

Prosecutor. The things I lost were advertised in the news paper.

John Hardwick . Dawson, I, and Jack Foster were together the 12th of last month drinking at the Portland's prize in East Smithfield; my landlady where I lodge had an old bayonet, with which she used to stir the fire; they desired me to take that and go out with them; Dawson got a broomstick, and Jack Foster had a short one; we went out at the bottom of Virginia street.

Q. What were you going to do?

Hardwick. They said they were going upon the scamp, that is to stop men; we set out about seven o'clock.

Q. How far is the place from where you set out to Sampson's Gardens ?

Hardwick. It is about a quarter of a mile ; we saw a man that looked like a ship master ; we stopped him, and I laid hold of him; this was the prosecutor, I know him again, as he has but one eye; Dawson and Foster kicked up his heels and land him down; I stood over him with the Bayonet; they cut off his breeches pocket and took four guineas and a half, as I have heard since, and they took his watch, his wig and stick I took the handkerchief out of his pocket.

Q. What did you say to him?

Hardwick. I said, if he stir'd he was a dead man; Jack Foster found about three pennyworth of halfpence in his pocket; then we went to the Portland's Prize ; Dawson said there he took but half a guinea from him, so we shared that: I did not know of the watch then, but as we were lying in bed, [ Jack Foster and I lay together, in one bed: and Dawson and his wife in another, all in the same room,] said Dawson to Foster and I, do you hear something click? then he pull'd out the watch and shew'd it to us; then said I, that is a good mark; he got up that day and went out, and bought himself a new suit of cloaths; at night we went to the Portland's prize again; he sent his wife, a company keeper, to pawn it; she went with it and came again, and said, she could get no more than 15 s. offer'd upon it; said I, where I pawn'd mine, I believe I can pawn this ; I took it, and Dawson's wife went with me to a pawnbroker in East Smithfield, and pawn'd it for 25 s. then I came to the Portland's prize, and shared the money between us; Dawson said, he had not a farthing in the world; I saw him change a guinea, so he must take it from that man. I saw four guineas the next day in his hand; I claim'd a share of it, but he would not give it me. I should have run him through with the bayonet in his own room on that account, had it not been for Foster.

Elizabeth Longate . I am a pawn-broker; Hardwick pawn'd a silver watch with me for 25 s. about three weeks ago.

Q. Did you know him before?

E. Longate. Yes, my lord, I did.

Q. Had he any company with him at that time?

E. Longate. I don't know as he had.

Q. Where is that watch now?

E. Longate. His wife fetch'd it out again.

Hardwick. I sent her, she was a company keeper of mine; I have not seen her since.

Q. to Eliz. Longate. Can you remember what sort of a watch it was?

E Longate. The name was Humphries, I don't remember the number.

Q. to the Prosecutor. What was the name on your watch ?

Prosecutor. It was Humphries, number, one thousand, two hundred and odd, there was a bit of ribbon to it, a key, and a brass seal.

Q. What siz'd watch?

Prosecutor. A middle siz'd watch, in a double case.

E. Longate. It had a string, a middle siz'd watch, I don't remember a seal.

Dawson's Defence. What Hardwick says is false, as God is true; I had some money given me by a person faceing the Hampshire Hog; I was not in his company that day.

Foster's Defence. I was drinking with Hardwick at the Portland's prize, he ask'd me to take a walk out in the morning; I did not know where he was going; he took hold of that man by the collar when he got into these fields.

Both Guilty .

Death .

73, 74. (M.) William Dawson , a second time, and Little Will , were indicted for that they together on the king's highway on James O Farrel did make an assault, putting him in bodily fear and danger of his life, and stealing from him one hat, value 3 s. one handkerchief, val. 6 d. one cloath coat, value 7 s. 6d. one walking cane with a china head, value 5 s. one snuff-box, and 13 s. and 3 d. in money number'd , Nov. 11 . And Ann Dunkerton , spinster , for receiving, on the 12th of the said month, the hat and cloth coat, knowing them to be stolen . ++

James O Farrel . I was coming from Limehouse on the 11th of Nov. about 6 o'clock in the evening to Rosemary-Lane where I lodge; I met three men, one of them had on a white frock, I ask'd them the way thither, they told me, they'd shew me the nearest way; they brought me over the fields into a street, then they bid me stand; one of them took hold of me, and the other two were standing before me, they put something to my breast, and said, if I stir'd they'd blow my brains out; they took a cane from me with a china head, then they search'd my pockets, and put every thing out into their hats or caps; there were four half crowns, 3 s. 3 d. a snuff box, two keys, a seal and a penknife, a mettle ring, a medal of our Saviour and the blessed Virgin, some pocket pieces, a silver loop and button to a hat, some silver capt buttons, my hat from my head, handkerchief from my neck, and a surtout coat from off my back, then they went away: I cry'd out murder, it being near some houses; after this part of my goods were advertised on the 28th in the paper. I went to the New Goal Surry, to Mr. Johnson, to know if he had any such men in his custody; there I found Dawson; I ask'd him what he meant by advertising four men that robb'd me, when there were but three; he said, the mistake was made by the justice; he told me my cane was sold for a shilling.

Q. Did you know the men that robb'd you?

O Farrel. It was too dark, my lord, to know them.

Q. Have you seen any of your goods since?

O Farrel, I have seen my coat since, it is here.

Eliz. Longate. Last Sunday was se'nnight, Sir Clifford William Phillips sent to my house after it was dark, to ask me if I had a coat in pawn, in the name of Ann Dawson ; I went and found one, so I went with the messenger to Sir Clifford. The woman at the bar brought it to me, the 12th of Nov. I took it in myself; she told me it was her father's coat; I lent her 3 s. 6 d. upon it, &c.

Q. Do you know her father?

E. Longate. I don't know she has one alive.

John Hardwick . Dawson, I, and Little Will, committed this robbery; Dawson and I were drinking at the Portland's prize, about seven oclock on the 11th of November, we went to Little Will's lodgings, he ask'd us where we were going, we told him upon the Scamp; we went all three together, and met the prosecutor.

Q. Did Little Will know the meaning of that word?

Hardwick. Yes, he did better than I did; we went towards Stepney Fields, it was a very thick hazey night; at a rope-walk hard by Stepney, we saw a man dress'd well, we followed him, he ask'd us the way to Rag Fair; Dawson said to him, follow us, we are going there: we carried him a back way, and at a corner when we got out of the rope-walk, the gentleman said, it was too dirty for him; said Dawson, Why don't you stop him? then I laid hold of him, and said, stand: I was behind him, and the other two were before him: the two prisoners took hold of him directly ; after Dawson had taken away his cane with a china head, I search'd him, we took from him three or four half crowns; the cane was sold in Jews-court, it was a very large one; I took from him some pocket pieces, a bunch of keys, with a seal on them, and some buttons capt with silver; we took his hat, coat and handkerchief, it was a white coat lined with coarse Blew ; the same was produced by the pawnbroker, which the prosecutor deposed to) I carried the coat and hat, Dawson had the money, and Little Will came running along side us ; he had hold of the prosecutor at the time. I said, I'd knock him down if he made any resistance: we came to the Portland's Prize, and shared what Dawson pleased to pull out for us; the coat and hat were given to that woman, ( the prisoner at the bar, Dawson's wife) and she said she would go and pawn it.

Q. How long has she been his wife?

Hardwick. I do not know that; the next day we were at the Portland's Prize, when she came in and said, she had pawned the coat for two shillings and the hat for one.

Q. What quantity of the money had Little Will?

Hardwick. He had half a crown, we had each the same.

Little Will's Defence.

These two men came to me to my lodgings; I asked them where they were going, but they did not tell me upon what account: as we were going through Stepney field they informed me of their design, and said that I must do the same as they did.

Dunkerton's Defence.

What I did was by my husband's direction:

Dawson and Will guilty Death .

Dunkerton Acquitted .

75. (M.) Henry Stroud , was indicted for the murder of Richard Chamberlain , December 1 , and he also stood charged on the coroner's inquisition for slaving the said Richard. +

William Barnwell . The deceased lived in Kingsland Road , and I lodged at his house.

Q. When did he die?

Barnwell. Last Saturday was se'nnight, my lord; I happened to come in about nine o'clock that night; he wanted some victuals ; I said he had no occasion to go out for any. I had a piece of a hog's face, so he and I sat down to it; I went and fetched a full pot of beer; after that there were words between his wife and he, but I don't know upon what occasion; at first he threw the candlestick at her, then he took up the box iron, I cannot say he threw that; he rose up in a passion, knock'd her down, and then knock'd her daughter down; the prisoner came in at that time, and endeavoured to prevent him beating his wife; then Chamberlain struck the prisoner several blows with his fist, and tore his coat.

Q. Did Chamberlain appear to be in liquor?

Barnwell. He did, my lord, he was disguised when he and I sat down to eat; then Mr. Fishook came in, who is the deceased's wife's brother, and lives at the next door; he struck the deceased over the eye; then he went home again; Chamberlain stripp'd himself to fight Fishook, and went to his house; Fishook's wife was standing by her fire side ; she said, pray, Richard, don't strike my husband, for he has a wound on his head already (that was done a night or two before) then Mr. Stroud came in and said to the deceased, Dick, you have hit me several blows, now I have a great mind to hit you one, so he struck him two or three blows with his fist on his breast, upon which the deceased fell down and never spoke more.

Martha Harris . I was up stairs at this Fishook's house, and heard a great scuffle betwixt Fishook and his brother in law; Mr. Fishook bid him get away, saying, he had got a broken head already; he did not go directly; then the prisoner came in and swung the deceased out of Fishook's arms, saying to him, if you can't manage him, I can; then he clapp'd him up against the closet door, and going to strike the deceased, the deceased ran his head into his bosom; Stroud gave him a blow, and he fell down directly.

Q. Where was you at this time?

M. Harris. I was standing upon the stairs; I saw but one blow.

Mary Chamberlain . I am widow to the deceased; he was a coleheaver; he had some money in his pocket, which I wanted to make up my rent; I shut the door fearing he would spend it, so he struck me over the head; my girl came up and he struck her; then Stroud came up and took him away; he took up a box iron to fling at me, but was prevented by a woman who took it from him; he slung a candlestick but it did not hit me; Fishook my brother came in and they had a hustle at the table, but cannot say there were any blows: my husband pulled off his cloaths after my brother was gone, and ran to his house to fight him: Mrs. Fishook said, for God's sake take care of my husband's head, because that had been cut the Sunday night before; then Henry Stroud came into Fishook's and said to my husband, you have struck me many a blow, I'll now strike you, and went up to him, but indeed I can't say I saw the prisoner strike him, or my husband strike the prisoner; I believe there was no malice between them, not any design for mischief.

Mary Wake . I was in Chamberlain's house, and saw Mr. Fishook beat the deceased over the face; after that he went into his own apartment ; the deceased stripp'd himself in a minute, and swore he would fight him; Mrs. Chamberlain said to the prisoner, for God's sake, don't let him go out for he is mad, and Henry Stroud followed him in order to part them. I saw no more.

Elizabeth Millet . I was in Mr. Chamberlain's house between seven and eight o'clock that night, his wife came in and set herself down by him; he beat her so that she fell down, and the candle went out; Mr. Stroud came and took him off from her ; Mr. Fishook came in, but I can't say I saw any blows, except what were between the deceased and his wife; when Fishook was gone, Chamberlain stripp'd himself and went out at the door; I did not follow them, so saw no more.

Hannah Perry . I live in the same house the deceased did, and saw the beginning of it; I was by when they fell out, and the deceased attempted to fling a box iron at his wife; I took it out of his hand ; Mr. Stroud did whatever lay in his power to keep peace between them. I saw no blows at all.

Mr. Simpson. I am a surgeon. The accident was on the Saturday, and on Monday I saw the body of the deceased, and there seemed several bruises on his head and his face, but nothing of consequence, they were only in the skin ; I examined the lungs, the heart, the stomach, and all the noble parts of the body, but could not find any bruise or contusion that could be the cause of his death; there was no outward appearance of any blow given that could be the cause of it; it must be something internal; the blood might, by receiving a blow on his stomach, be driven into the brain, and give him an apoplexy; I could not account for his death, so was obliged to enquire if he had not been drinking, which, when I found, can give no other reason for his death than this, but it is impossible to be certain about it.

Prisoner's Defence.

When I first went in there was murder cried out, the deceased was beating his wife behind the door, so I went to part them, but it was more than I could do; at that time Fishook came in: the deceased struck me several times and tore the cuff of my coat almost off; Fishook went out and came in again, and laid the deceased upon the table; when that was over I went out and brought in a full pot of beer and drank with them; I staid there about half an hour, and then went to Fishook's house, where Fishook and I drank together; soon after I heard a sad noise again, so I ran in, and found them quarrelling; then he stripp'd off his cloaths ; I endeavoured to pacify him, but he ran into Fishook's house, and pulled him out of his chair; I ran in after him to part them, and got Fishook away, so he came and struck me several blows on the side of my neck with his fist, which made me reel against the door, he drew blood from me ; we had a little scuffle together, but how the thing happened the Lord above knows ; I only said, Richard, be easy, and don't be quarrelsome; I did strike him in the scuffle, but there was no malice between us. We have done many a hard day's work together, and drank many a full pot of beer together.

Guilty of Manslaughter .

[Branding. See summary.]

76. (M.) Thomas Bosley , was indicted for stealing one cloth coat, the goods of William Eliot , one cloth coat the goods of Michael Perrot , one cloth coat and a pair of boots the goods of John Wilmot , in the stable of Henry Norman , Oct. 16 . + Guilty of stealing, but not out of the stable .

[Transportation. See summary.]

77. (M.) Lawrence Wood , was indicted for stealing 12 yards of diaper, value 12 s. 30 yards of dowlass, 30 s. value the goods of John Hudal , Dec. 5 . ++ Acquitted .

78, 79 (M.) Eliz. Christian Blundel spinster , and Sarah Miller spinster , were indicted for stealing 50 shillings , the money of Eliz. Morrit widow , Dec. 4 . ++ Both acquitted .

80. (M.) John Hardwick , was indicted for stealing a brass hilted hanger, value 4 s. the goods of James Palace , Nov. 16 . ++

James Palace . I live in the Minories and keep a sale shop , on Friday the 16th of Nov. about 3 in the afternoon Mr. Steed called out; Ann White , who looks after the shop, asked what was the matter; he made answer, had not you a hanger in the window? she answered, yes sir, and it is in the window still. I believe, said he, a man has run away with it: upon which I run out, and Mr. Steed and several others went in pursuit. I overtook the prisoner in Rosemary-branch Alley, I took him by the collar and asked him where the hanger was. I saw it in his bosom and took it out, produced in court and deposed to.

William Steed , on the 16th of Nov. about 3 in the afternoon, I met the prisoner at the bar, near the prosecutor's shop, and two other men with him. The prisoner stopped and look'd into the shop, I was about 6 yards off at that time, I saw him take a hanger out of the window and turned at the corner, and there husled it under his coat: he walked along till he overtook one of his companions, then I run to the prosecutor's shop, and call'd, &c. We went after him and took the prisoner with the hanger upon him.

Guilty .

[Transportation. See summary.]

81. (M.) John Carbold , late of Fenningham , was indicted for not surrendering himself according to the king's order in council .

No prosecutors appearing he was acquitted .

82. (L.) Thomas Cornew , was indicted for stealing one Ox's tongue , the goods of John Cook , Oct. 20 .

The prosecutor not appearing he was acquitted .

83. (L.) Daniel Buckley . Was indicted for stealing one cheese, weight 9 pound , the goods of Robert Barnbelt , and Co. Nov. 23 .

++ Guilty

[Transportation. See summary.]

84. (L.) Elizabeth, the wife of George Gregory , was indicted for stealing 2 sheets, value 5 s. one box iron, 2 heaters, value 2 s. one brass ladle, value 2 d. The goods of James Williams , Oct. 19 .

++ Acquitted .

85. (L.) John Tombs , was indicted for stealing one deal box, value 1 s. 5 linen shifts, 5 linen aprons, 8 check aprons one tea spoon, and other things , the goods of Jane Hammond spinster , Nov. 13 . +

Jane Hammond . I live in Fetter-lane , on the 13th of Nov. about 7 o'clock at night, I employed John Street to bring a trunk and box to Fetter-lane, from Doctors Commons; there were the things mentioned in the indictment in the box, he lost them and can give some farther account how.

Grace Fifield . I was coming down an Alley in Fetter-lane, right against Mr. Jackman's, Nov. 13. I saw the prisoner take a box up at Mr. Mason's door, next door to Mr. Jackman's, I saw the porter set it down, first upon the step of the door; there was a woman in a scarlet cloak helped the prisoner up with it on his shoulder, as soon as he had got it up he cross'd the kennel, I was just facing him; there were a man and a woman going up the Alley, he said to them have a care, let me come by; I had seen the prisoner at the bar before come out of a house with a creature there, and knew him well; there was a lamp over my head, and our light from our windows; I saw his cloaths, he had on, blew gray cloaths, a brown wigg, and no hat, blew gray stockings, and white flat rim'd buckles, he past by me.

John Street . I was sent by the prosecutrix to Doctors Commons, to fetch this box and trunk, I set out from the Commons about a quarter before 6, coming up Fleet-street, there was a man overtook me about the middle of the street, he dropped his stick between my legs which had like to have flung me down; he took his stick up and beg'd my pardon; he ask'd me where I was going with that box and trunk, I said into Fetter-lane: he said I live in the Lane, tell me to whom you are going and I'll tell you the house. I said when I come into the lane I would look into the note; when I got into the lane I pull'd the note out, and said it was to Mr. Jackman's; when I came to the door on this side his house there was a man stood at it, it was shut; another man came to him and said, your servant Mr. Jackman, the man that answered to the name Jackman said to me, young man you have brought the things very right, they are my servant's things who is coming to live with me, adding you brought them from Doctors Commons. Then he ask'd me if he should help me down with them, he laid hold on the box I had under my arm, and I put the other down my self. Then he desired I'd go over the way to the Coffee-house, for his clerk, who he said had got the key; I said I had rather he'd go and I'd stand by the things, he said I had brought them very safe. So I went, and in the mean time the box and trunk were gone, and he also, and I have not heard of the things since.

Q. Do you think the man you saw in Fleet-street, is the prisoner at the bar?

Street. I do not know it is.

Prisoner's Defence.

I have witness to prove I was not near the lane all that night.

Ann Gardner . I live in Chancery-lane, the prisoner has been at sea, he was daily at my house, he was there about half an hour after 6 o'clock that night.

Thomas Figg . I keep a publick house in Grays-Inn-lane, the prisoner was at my house that night at 7 o'clock, and parted about half an hour after ten; to my knowledge he was not absent all the time.

George Roberson . I saw the prisoner that night at a club; he was there about half an hour after 6, and went away near ten.

Acquitted .

86. (L.) Thomas Hall , was indicted for stealing 7 dozen of mettle buttons, value 8 s. the goods of Nathaniel Bently , Nov. 14 . ++

Guilty .

[Transportation. See summary.]

87. (L.) Thomas Squires , was indicted for stealing one leaden half hundred weight, the goods of Joseph Dison , Oct. 29. ++

Guilty 10 d .

[Whipping. See summary.]

88. (L.) Susannah Stafford widow , was indicted for stealing one linen handkerchief, value 6 d. the goods of drew Shaw , Nov. 28 , ++

Acquitted .

89. (L.) John Cosson , was indicted for stealing 7 ounces and 1/2 of Goats hair, value 2 s. the goods of James Spurling , Esq; Aug. 8 . ++

Guilty .

[Transportation. See summary.]

90. (L.) Charles Speckman , was indicted for stealing one silver watch, value 3 l. the goods of John Honychurch , privately out of the Shop of the said John , Nov. 5 . ++

John Honychurch . I live in Fleetstreet , and am a watchmaker , the watch was taken with the prisoner on the 6th of Nov. I lost it on the 5th, here is my name and number upon it, I never had sold it: I advertised it and by that means it was stopped; my servant can give the Court a particular account of the losing it.

William Batersby . I am servant to Mr. Honychurch, on the 5th of Nov. in the morning I was alone, the prisoner came into the shop with a watch to have it clean'd, he then appeared in another complection than now, he had on a laced hat, a waistcoat with either gold or silver button holes, he desired me to take his watch to pieces; while I was doing it he said some of the works were drop'd, adding, he was sure some of them were lost. I looked upon the ground, there were none down but all right before me, then he was for taking it to show to some other watchmaker, I said I must not take it to pieces and put it together again for nothing; he said, I'll take it and shew it to another, and if he says there is nothing lost I'll bring it again; he took it not put together, also 2 new wheels, a third and cantrite wheel away with him that lay before me; when he staid longer than I expected I began to suspect him; I looking about saw a hook was empty where a new watch hung just before he came in. I went to the watchmaker, where I supposed he'd go to, and ask'd for him; he told me no such person had been there; then I told my master the affair. Master told me by his book it was a watch he was making for a gentleman in Devonshire. When Mr. Price seat for my master I went with him and knew the prisoner.

Q. Had there been any body in your shop betwixt the time you last saw the watch and the prisoner coming in?

Batersby. There was not any body from the time I opened the shop till the watch was lost but him.

James Bruin . I am servant to Mr. Price; between 6 and 7 o'clock, on the 6th of November in the evening, I was sitting in the parlour, somebody came and ask'd for Mr. Price; I went into the shop and saw the prisoner, he was drest in a silver-lac'd hat, a green waistcoat with gold button holes: he said, he should be glad to see my master, if he was not engaged; I said, I could do the same; he took a watch out of his pocket, and I saw it was the watch advertised that day; I went and told my master of it, he came down stairs, my master told him he had stole this watch, he denied it; my master sent directly for Mr. Honychurch, his man came, and said, the prisoner was the person that was at his shop yesterday morning. While our man was gone, the prisoner own'd to my master and I, that he had stole it; we went before Justice Fielding the next day, and he was committed to New Prison.

Prisoner's Defence. What he has said is false; I cannot deny but I carried that watch to be pawn'd; I was coming down Snow Hill, and a well dress'd man ask'd me, if I had a mind to earn a shilling, I said, yes; so I carried it to pawn; then the young gentleman said, there had been a watch stole, so stopt me. See No. 187. 222. in Sir Samuel Pennant 's Mayoralty.

Guilty Death .

91. (L.) William Baker , sugar baker , was indicted for forging and uttering a warrant for the delivery of three chests of bohea tea, with intent to defraud , March 22 . +

Charles Gastineau . I am a broker. The prisoner at the bar applied to me to borrow a sum of money for him of Mr. Richard Holland in March last, upon eight warrants for tea lying in the East India company's warehouses.

Q. How much was the sum?

Gastineau. It was 1000 l. I went to Mr. Holland and told him I wanted 1000 l. upon eight warrants and a note of hand; I gave him the list of the numbers of these warrants, which security he at first approved of, so I went for the warrants to Mr. Baker, and he delivered them to me with his own hand, and this note of hand for 1000 l. this was what is usual, part written and part printed ; it was filled up by me, and signed by Mr. William Baker .

Q. What did he say these warrants were for?

Gastineau. For tea, lying in the East India company's warehouses.

Q. What did you do with these warrants and the note of hand?

Gastineau. I delivered them to Mr. Richard Holland , and he gave me a draught upon his Bankers (Frame and Barcley) for 1000 l. which I received, and gave to Mr. Baker with my own hand. The note and defeisance put into his hand.

Gastineau. This is what I delivered to Mr. Holland.

Cross Examin'd.

Can you be positive that you took a list of these warrants at that time?

Gastineau. I have got the list here which he gave me at first, and it is the very identical note I gave to Mr. Holland.

Q. How long have you known Mr. Baker?

Gastineau. I have known Mr. Baker upwards of fifteen years.

Q. What did you think of him at this time for substance and honesty?

Gastineau. Had I had money of my own, I had such thoughts of his substance and honesty, that I would have lent it him in my own name.

Richard Holland . Mr. Gastineau applied to me about the 23d. of March for 1000 l. to lend Mr. Baker, and also brought me the security the same day; as to Mr. Baker I never saw him in my life till I saw him in the Compter.

Q. What did Mr. Gastineau bring to you for security?

Holland. He brought to me ( producing the note ) this paper, and eight warrants (the note read in court ) the warrant put into his hand, No. 784. I delivered this warrant to Mr. Deputy Slater with the others, for him to go to the East India house to see if they were right.

Deputy Slater. The eight warrants I received of Mr. Holland, I carried to the East India house to have them examined. About the 15th of Nov. I applied to Mr. Holbrook, who looked and said he could not find the check for them, and that he believed them to be bad, for he could not find the numbers to tally ; then he apprehended the goods were delivered; he looked into the sale book to see if the goods were weighed off, and found in the entry book that they had been delivered for the warrants which I had, so assured me they were bad ones.

Q. What did he mean by bad warrants ?

D. Slater. That are not good for any thing; then he said he had orders from the directors to stop any warrants of this kind; I told him I did not care to part with them, for I had them of a friend whom I had a great regard for; he desired, if I had any objection, I would go to Mr. Chancey chairman of the East India company, which I accordingly did, and Mr. Holbrook took the warrants and went along with me; he sent a servant to Mr. Holland, who told him what had happened ; Mr. Chancey said he'd detain the warrants let the consequence be what it would; their check is so regular that they cannot be imposed upon. Mr. Holland said he believed he could have his money again upon giving up the notes, and that he look'd; upon the prisoner able enough to return it him back; they were all in the hands of Mr. Holbrook till we came to Mr. Chancey, except the 8th, which I had; after we had been there about an hour he ordered Mr. Holbrook to mark the warrants, and some time after he desired me to mark them; said I, they have been out of my possession a considerable time; I marked No. 784, so did he, and declared he had it of me.

Cross examined.

Q. How long have you known Mr. Baker?

D. Slater. I have known him many years.

Q. What has been his general character?

D. Slater. His general character was so good as to substance and honesty, that I would have given him credit for 1000 l. at any time in my way.

Q. to Holbrook. Who delivered this warrant, (No. 784) to you?

Holbrook. Mr. Slater delivered it to me.

Q. Where has it been ever since you went with Mr. Deputy Slater to Mr. Chancey?

Holbrook. It has never been out of my possession since, here is my mark upon it. It is read to the following purport;

Mr. Holbrook, (No. 784) you are desired to deliver to Mr. Robert Sedgwick per Anth. Hotchkins, or his assigns, by indorsement hereof to bearer, giving a receipt upon the back hereof, the following goods, viz.

Dragon.

Folio 110. N. 113 to 115 3 chests bohea tea, containing 966 pounds and 1/2 at 3 s. 3 d. per pound.

Sold him by the united East India company in Sept. sale 1749, he having paid for the same 146 l. 17 s. for which a receipt of this number and date is given.

London this 22d day of March. 1749.

John Sedgwick .

William Webb .

Q. to Mr. Holland. Tell us whether you gave Mr. Gastineau any sum of money.

Holland. I gave him a draught upon Mess Frame and Barcley, bankers, for 1000 l. and he delivered the warrants, Mr. Baker's note, and defeisance to me.

Q. Is the draught paid?

Holland. It is paid.

Cross examined.

Q. Were all these brought to you as a joint security for 1000 l.?

Holland. They were, there was this note, and the others as a collateral security; I really believe, had there not been this prosecution carried on, we should have had our money.

Q. Do you think he had an intention to defraud you?

Holland. I don't know that he had, and, by circumstances I have heard since, I don't think he had; I have heard he has paid Mr. Moryton and others, and I believe he would have paid me.

Q. Did you then apprehend these eight warrants to be good ones.

Holland. I did then.

Q. Should you have lent him the money on his word alone?

Holland. I should not.

Mr. Holbrook. I am warehousekeeper to the East India company. I made a thorough search to see if these warrants were forged; I turned to my sale book in order to see for the number, and found it; there is the letter of my journal put down, to which I referred, and found the goods were delivered; then I immediately thought these warrants were forged.

Q. Did you search about No. 784 in particular?

Holbrook. I cannot say I did that more than the others; I particularly searched every one, but did not look for the receipt, which we generally check the warrants with, for that night it was too dark to do any thing of that kind; our journal is at all times so correct, that I was very certain it was a forgery; since that time I have looked to see for the receipt that will check with it, but have none that will.

Q. Whether or not if these are honest good warrants, there is a receipt which is cut through the marble part that runs cross that will check with the warrant?

Holbrook. Yes, sir, there is.

Q. And when the warrant is real and good you try it by checking it with the receipt.

Holbrook. That is the way we examine them.

Q. What was this warrant for?

Holbrook. For three chests of bohea tea described under particular Numbers.

Q. Did you find that these quantities of goods had been delivered out?

Holbrook. Yes, they were.

Q. When did it appear they were delivered?

Holbrook. They were delivered the 15th of Feb. 1749, to Mr. William Heater .

Q. Are you acquainted with the hand writing of Mr. William Webb ?

Holbrook. He is the company's joint treasurer.

Q. What is John Sedgwick ?

Holbrook. He is an officer employed by the company to assist the joint treasurers.

Q. What ship did the goods delivered to Mr. Heater come by?

Holbrook. By the Dragon, I have the ori ginal warrant.

Cross examined.

Q. Do you know any thing of the delivery of these goods, in February?

Holbrook. Yes, I do, by having the warrant; the persons who deliver them, write down the two initial letters upon it; the warrants are never deliver'd back to our custody, till some part of the goods are deliver'd; this is a warrant, number 676, Ship Dragon, Robert Sedgwick , per William Heater ; Defeisance 110, No. 113, to 15; three chests of bohea tea, at 3 s. 3 d. deliver'd 15th. Feb. 1749, sign 'd, T. P. that is the person that wrote the warrant off.

Q. How came you by it?

Holbrook. The person that came to take the goods brought it, that is the usual method; there is a receipt given on the back of the warrant; the receipt is in this manner receiv'd, the 15th of February, 1749; the full contents for William Heater : this was given by Mr. Toby Chancey , he was Mr. Heater's apprentice.

Toby Chancey . I am apprentice to Mr. William Heater ; he is dead.

Q. Do you know of any goods that were deliver'd out of the East-India warehouse, for him?

Chancey. Yes, sir, I do. [The original Warrant is put into his hand.] The goods were deliver'd to Mr. Heater accordingly; I have the receipt here, and I also sign'd the receipt on the back of this warrant; they were bought at the company's sale, Feb. the 15th 1749, by Robert Sedgwick ; the warrant is to Robert Sedgwick , for William Heater . [Here the Jury compare the false, with the true warrant.]

Robert Sedgwick . I am a broker; I transact business at the East-India company's sale; I remember being employ'd by Mr. Heater, to buy these goods for him; I gave him a written order to receive these very goods.

Q. Did you not buy goods under this description, for Anthony Hodskins ?

Sedgwick. No, I never did; this, in our book, is set down to Mr. William Heater , 137 l. 16 s. 4 d. if our principal request it of us, we fill it up.

Q. After you have fill'd them up, what examination is there on the behalf of the company, to know that they are really fill'd up?

Sedgwick. None, as I know of; sometimes they take time to take them out of our sight, before the delivery of them; sometimes an hour, and sometimes a day.

Q. Is there a note brought, which they call the clearing note, from the accomptant's office?

Sedgwick. The use of that is, upon orders given to the warehouse keeper, to weigh any goods; he delivers a printed paper, as this, Mr. William Heater , so much goods put down. We call one a weighing note, and the other a clearing note; the accomptant keeps the weighing note, and he likewise signs the clearing note to us, when we carry it to see whether the clearing note, and the warrant agree.

Q. Are the warrants fill'd up by the officer, or the bearer?

Sedgwick. I believe they are seldom fill'd up by the company's officers; there are such great numbers come in on the prompt day, it is not practicable for the Clerks to fill them up that day themselves; the quantity is so great.

Q. Look upon this, [he had the real one put into his hand.] Who fill'd this up?

Sedgwick. A clerk in our compting office.

Q. Who fill'd up the other?

Sedgwick. I don't know that.

William Webb . I am joint treasurer to the East-India company; it is my duty to sign the warrants; I generally do it upon receiving the money.

Q. Look upon this warrant, and tell us whether it is sign'd by you? [This is the false warrant, William Webb at the bottom.]

Webb. It is not, my lord. [The original one is shew'd him.]

Webb. I wrote the William Webb here.

John Sedgwick . I am assistant to Mr. Dorrington, who is one of the joint treasurers; when warrants are deliver'd in, they are sign'd by Mr. Webb, if Mr. Whitehall is busy, the countersigner.

Q. What is Mr. Whitehall ?

Sedgwick. He is the counter-signer.

Q. Look upon this, and tell us whether it is your own hand writing, or not? [That is the false one]

Sedgwick. I believe not, my lord, here is an R. I don't think to be like mine.

Q. Look upon the name William Webb , is that Mr. Webb's writing?

Sedgwick. I have seen him write many hundred times; I believe it is not.

Cross examined.

Q. Can you be positive your name there is not your hand writing?

Sedgwick. I am certain it is not.

Q. How come you to be certain, you was not just now?

Sedgwick. There are the letters k, e and S, and the n in John, are not like mine.

Q. Is the whole name of your own hand writing, as it there stands, or is it not?

Sedgwick. I am positive it is not.

Q. to Anthony Hotchkins . Look upon this paper, is this your hand writing? he is shew'd the forg'd warrant, the indorsement sign'd, Antho. Hotchkins.

Hotchkins. This is not my hand writing, and the goods were not bought by me, nor for me.

Q. Do you frequently buy goods of the company ?

Hotchkins. I do, at all sales there.

Counsel for the Crown. Thus we think we have prov'd the forgery, and the publishing of it.

There were 13 Gentlemen of great Character and Honour, spoke well of him, as to his Substance and Honesty, till this Affair broke out.

Guilty .

Death .

92. (L.) Catharine Conner , was indicted for publishing a false, forg'd and counterfeit will , purporting to be the will of Michael Canty , mariner , belonging to his majesty's ship the Namure, Oct. 29 . +

James Roxborrough . I am clerk to Mr. Hughs, a proctor in Doctor's Commons; [he produces the forg'd will.] This will was sworn to at the office, the 29th of October; the prisoner left it there the Saturday before: I took it into my custody and lock'd it up, and on the Monday morning following, there was a man came with her; they ask'd me if I had not a will belonging to Michael Canty , I said, yes, I had; she said, she desir'd to be sworn to the will of Michael Canty , saying, this was his will, after I had wrote the durate on the back of it: '' Such a Day such a one was the '' sole Executrix duly sworn by me, before the Surrogate '' of the prerogative Court of Canterbury.'' I wrote down the Namure on the back of it, that he died at such time the ship was lost, as far as she knew; she went before the Surrogate, the worshipful John Bettesworth , and he administered the oath to her. That that was the last Will and Testament of Michael Canty ; after that she came back with me, I told her, she could not have the probate immediately, by reason the office was shut up in the afternoon, on my lord mayor's day; so I appointed her to come on the Wednesday; she had brought another will along with her, that was prov'd, which was the will of one John Cotter , she was the executrix of that too; after she was gone, I look'd upon both wills, I observ'd much the same characters in the witnesses names. At the same time Mr. Hughs was concern'd for one Mrs. Croley, who was wife to one Charles Croley , who was a creditor of Michael Canty 's, mariner, belonging to his majesty's ship the Namure: she was sworn, in order to get administration to Canty before, who had a note of hand for 36 l. of Michael Canty a mariner, brought by her when she was sworn to take out this administration: it was in my master's possession, sign'd by Michael Canty , to Mr. Charles Croley , or order. I took this note from among the papers, and compared it with the writing to the will; and I did not think there was any similitude in the characters; the christian name in the note is wrote Mich. and that in the will at length: I first sent to the people who were concern'd for the original, to obtain the administration, that is, Croley's wife; and one Mr. Murphy, and Mrs. Croley came together, and at the same time they came, the prisoner was in our office. I ask'd Mr. Murphy if that was Michael Canty 's writing, he said it was not; upon that he ask'd the prisoner what sort of a man this Michael Canty was, she told him he had no business with it, and she would not give him any answer about it; he ask'd her how she came by the will, but she would not tell, and upon making a great many idle excuses, I went for a constable; while I was gone a woman who goes by the name of Dunn, who came that morning with her, call'd her out, and they both walk'd, or run away together: in the afternoon there was a man who came with her when she was first sworn, came to know why he could not have the probate out, I told him, that could not be till the caveat was withdrawn, and the affair settled with Mrs. Croley; he said, he would bring the woman in the afternoon, he brought her; Mr. Murphy and the constable was fetch'd and charg'd with her; she was detained two or three hours, in order to see if she would make any confession, but she did not; Mr. Murphy, this woman and the man that came along with her, went out together into the street, but what their discourse was I know not; when they came in again I took her into the office, and told her she had better confess, if it was a bad thing, which I told her I had great reason to suspect; all she would give me for answer was, Suppose she had found it.

Timothy Murphy . I knew Michael Canty , a mariner.

Q. Did you ever see him write?

Murphy. Yes, sir, I have; I am well acquainted with his hand writing; [He is shew'd the name at the bottom of the will]

Q. Is that his hand writing?

Murphy. I am sure it is not; I have receiv'd letters from him; I was before my lord mayor with the prisoner at the bar; my lord ask'd me the reason why I gave her in charge with the constable, I said, because the will she produc'd was not Michael Canty's hand writing: [The note given to Mrs. Croley is put into his hand.]

Q. Do you think this is his hand writing?

Murphy The name to it is his hand writing; I desired the prisoner to inform me who did it, that we might apprehend them; she said one Dennis Dunn 's wife gave it her. The will was dated Oct. 26, 1747; wherein the sole executrix was Catharine Conner , daughter of Darby Conner, of Kingsale in the kingdom of Ireland, &c. witnessed by Robert Spurway and Henry Doe .

John Johnson . I knew one Spurway, he was clerk to Mr. Boscawen, when he was captain in the Namure; I have seen his writing: [He is shewn the name at the bottom of the will.]

Johnson. This is not his writing.

Q. Did you know one Henry Doe ?

Johnson. I knew one Henry Day ; he was quartermaster.

Q. What are you?

Johnson. I was order'd out of the ship at Fort St. David's, and came home with Admiral Griffin; I came away about four or five months before the ship was lost.

James Fagan . I knew Robert Spurway , he was the secretary's clerk on board the Namure, but I never saw him write.

John Readman . I am clerk at the navy office, I have here the books belonging to his majesty's ship the Namure.

Q. What wages were due to Michael Canty mariner, on board that ship?

Readman. There was due from the first of July 46, to the 13 of April 49, about 39 l. 15 s. he was set down able seaman, the ship was lost the 13 of April 49, and he was supposed to be lost in her at fort St. David's in the East-Indies, and these books are the best that can be made out, by the captain and officers, her books being lost.

Mr. Hughes. I was present about 3 weeks ago when the prisoner was before my Lord Mayor, she at first denied she knew any thing of the forgery, but said she was the cousin of the man: she went out and I followed her; she said if she might be allowed an evidence she could make a discovery of the persons that forged it; after that she declared before my Lord Mayor one Dunn had wrote the will, and gave it to her in order to go to Doctors Commons; but she wanted to accuse the wife of Dunn who was in custody, on suspicion of being concerned in this affair; the reason she was taken into custody was, that after the prisoner was taken she came to our office to enquire for her.

Prisoner's Defence.

I can neither write nor read, I did not know any thing about it, I did not carry it to the Commons at all, I said it was made by one Dunn, he lived in Ratcliff High Way at one Newman's, I came to receive my brother's effects, and he and my husband made me go to administer upon this will.

Mr. Hughes. She told me she was present when Dunn forged it, and that he had forged a great many more, and was coming to Doctors Commons with them.

Guilty

Death .

93. John Powel , was indicted for stealing six calves skins, 20 s. value, the goods of William Ambross , and 3 calves skins 10 s. value , the property of Thomas Pippin , Nov. 14 . ++

Elizabeth Ambross . My husband's name is William, he is ill and cannot attend, he is a currier , on the 14th of Nov. at night these skins were taken away; on Monday morning I sent to all the Curriers and Shoemakers, in order to find them again, and one Solomon Lewis was found offering one of them to sale; we had notice of it on the Thursday in the afternoon; I sent two men, Zacariah Davis , and Thomas Nutt . The man was put into the Counter, and by his directions we found the goods in Kingsland Road, at the house of one Thomas, they brought them home and eight of them are here in court, they are half drest intended for black grain. I can swear to six of them, they are marked with my husband's private mark.

Zacariah Davis. I am servant to Mr. Ambross, I had six of these skins to curry, they are a week or a fortnight before they are dry. I hung them up the 14th of Nov. in my master's drying lost, and they were missing the next morning, I and Nutt found them again in Kingsland-Road, at a penny lodging house, lock'd up in a private closet. The man of the house at first denied having the key, saying it was no property of his; after we insisted upon having it open, he broke it open. The prisoner said there was no leather there, when he was breaking it open, Solomon the Jew was along with us, he taxt him with having them, saying, he was the man that set a price on the leather, and gave it him to sell.

Solomon Lewis . I was a prisoner in the Poultry Compter, for debt and Abraham Leblon , ( See No. 36, 37, 38.) was a prisoner there at the same time, so we got acquainted; after we were out he came and told me there was a man come to town, who had got some skins to dispose of, and if I would go along with him I might have the job; said I, I do not know what they are worth: then Leblon brought me to the prisoner at Thomas's house, and the prisoner said he must bring four shillings a-piece for them, so he gave me a single skin, and shewed me five or six more, saying there were eight or nine of them: I have that skin here; (produced by the keeper of the Poultry Compter) it was brought into court and compared with the others: he took them out of a closet, which he unlocked, close to a lodging room door.

William Lediard . After I heard this Jew was taken into custody, I went before the alderman to hear the examination, who committed him to the Compter: Mrs. Ambrose desired me to go along with him, so I did, and enquired for Leblon, who came in and fixed his eye upon him: said the Jew, you and Leblon delivered the skins to me out of the closet, which closet I saw afterwards, and had it broke open.

Prisoner's Defence.

I desire Leblon may be fetched here to shew I am innocent. The keeper brought him.

Abraham Leblon . When I made my information the skins were mentioned in it, and the prisoner is not guilty of taking them: I was taken up for breaking a goldsmith's shop in Bishopsgate street : John Ross , Derby Long, and I took these skins: Powel the prisoner is servant in the house of Thomas :

John Ross took the skins and delivered them to me, and I gave them to Derby Long : we carried them to Thomas's house, and he took them into his custody.

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

Leblon. No, we did not, but he knew very well how we came by them: we had used to bring in goods all hours of the night, we brought them between twelve and one in the morning, the door being always open till two or three in the morning: Old Thomas at first lock'd them up, but when we went to bed Powel took some of them, and Old Thomas took the rest, and brought them into our room.

Q. When did you bring these things to Thomas's house?

Leblon. It was on the 14th of November that John Ross told me he knew some old houses where there was some old lead to be got: he went up and somebody else had taken the lead: there was a sort of a shed went up with two or three steps in Whitecross street; he went up and put his hand in at the door and said, here is something better than lead, so took out one of these skins and handed it to me; we took nine of them. Powel was not along with us. Acquitted , but detained. Thomas, who said his name was Cornelius Loyd Nelson , and had been very busy in getting Leblon moved from Clerkenwell to be an evidence in this affair to clear Powel, was committed also. They are both to take their trials for receiving these goods, knowing them to be stolen.

94. (L.) Hugh Jourdan and Thomas Meadows , were indicted for stealing one linen handkerchief, value 10 d. the property of Thomas Pickering , November 17 . ++ Guilty .

[Transportation. See summary.]

95. (L.) Robert Woodcock , was indicted for stealing 100 lb. weight of lead, value 10 s. the property of Philip Fossiter and Harwood Lassiter , December 6 . ++ Guilty .

[Transportation. See summary.]

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

Received Sentence of Death 17.

Benjamin Becklesfield , John Ross , Thomas Procter , Darby Long, John Richardson , Joshua West , Catharine Conner , Charles Speckman , William Baker , Anthony Bourne , William Tidd , John Newcomb , John Watling , John Carbold , Adam Dawson , John Foster, Little Will.

Transported for Seven Years, 34.

John Lucman , John Kingston , William Byall , Thomas Fowler , Edward Danes , John Durham , Thomas Williams , Henry Stevens , John Burnham , Marks Cragy, John Allen , Daniel Buckley , Thomas Hall, John Carsson, Thomas Little , Hugh Joardan , Thomas Meadows , Robert Woodcock , Herman Mills , John Lawson , Anne Hilliard , John Udal , James Harrington , Daniel Cart ise, otherwise Richardson, Euphan Callwell, Thomas Parker , Hugh Corrigan , Mary Odway , Anne Holland otherwise Shepherd, Mary Brown , Jane Faulkner, Thomas Bosley , and John Hardwick .

Joseph Hatchet , judgment respited, being ill.

Branded, 2.

Joseph Crutchley , and Henry Stroud .

Whipped, 7.

John Vaughan , James Hanks , Thomas Squires , John Brandy , Richard Stevens , and Richard Jackson .

John Jenkins , dead.

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