Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 August 2014), January 1751 (17510116).

Old Bailey Proceedings, 16th January 1751.

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 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, and Monday the 21st of January.

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

BEING THE Second SESSIONS in the MAYORALTY of the

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

NUMBER II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1751.

[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 COCKAYNE , Esq; Lord Mayor of the City of London, the Lord Chief Baron Parker*, Sir Michael Foster , Knt. ||, Sir Thomas Birch , Knt. +, and 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 Manning ,

John Kelsall ,

John Langley ,

James Waugh ,

Christopher Rose ,

Peter Robinson ,

John Prosser ,

Edward Anson ,

Boyce Tree ,

William Abbott ,

Robert Harwood ,

Henry Pain .

Middlesex.

William Bilson ,

Samuel Warburton ,

William Herritage ,

John Soulby ,

Jonathan Rogerson ,

Samuel Slade ,

John Girdler ,

John Braduck ,

Harwood Lassiter,

Leonard Lee ,

Thomas Rhodes ,

William Gelding .

96. (M.) James Smith , was indicted for stealing one hempen sack, value 1 s. 6 d. 4 bushels of wheat, value 12 s. the goods of Thomas Smith and Co. Nov. 29 .*

Thomas Tombs . I am lighterman to the prosecutors. I lost a sack of wheat the 29th of Nov. the sack was mark'd C S B the property of Mr. Cook and Co . it was taken out of the barge, which lay against alderman Parsons's stairs. The sack which I have sworn to is on the other side the water, with the wheat in it.

John Smart . This witness Tombs is our lighterman, he works our corn for us.

Q. What are your partners names?

Smart. Thomas Cook , Joseph Bishop , and James Cook.

Benjamin Gibson . I am a waterman. On the 29th of November, I was looking out at Horsly-down new stairs. There came a little boy and said, a man was taken at the next stairs stealing corn. He was taken by a lad. The man said, I'll give you any thing to let me go; then the lad consented, and he shov'd his boat off. Isaac Clark and I put off and took him, which proved to be the prisoner at the bar; the sack of corn was in his boat.

Q. What is the prisoner?

Gibson. He is a bomboat man, i.e. to cry drams about the river.

Q. Do you know this lad who had first taken the prisoner?

Gibson. It was dark, and I don't know him. The prisoner begged our pardon and desired us to let him go, and offered us all the gin in his cag and sixpence if we would. Thomas Tombs came the day after, and said it was his master's property.

Isaac Clark , confirmed the testimony of the last witness.

Prisoner's Defence.

I was coming up the river from Deptford, about 6 o'clock a lighterman called me to come alongside him and asked me where I was going; I said up to Battle-bridge; he jumped into my boat, and put this sack of wheat into my boat, and desired me to give him a cast to Mill-stairs, and said he would give me three pence. He went on shore and staid some time, and came again with a pot of beer in his hand and made me drink, and said, he would meet me at Battle-bridge; and as I was coming up I called at another ship that lay at St. George's stairs, where some persons took me, and asked me what I had got; I told them I did not know, I had not touched it, but I thought it was sand; they let me go. Then two more came and stopped me and they let me go. Then these two men stopped me and sent for Mr. Scrivener, and he bid them let me go. But they said they should have 5 l. each for stopping me.

Guilty .

[Transportation. See summary.]

97. (M.) John Orton , otherwise Olton , was indicted for stealing one hat, value 6 s. the goods of William Jackson , Dec. 24 *.

William Jackson. On the 24th of Dec. the prisoner brought a hat to me to pawn for six shillings. He came about an hour and half after that to my man to fetch it out, when my man put it on the counter. The prisoner had somebody without the shop door who push'd it open, and the prisoner took the hat up and run away with it, without paying for it. My man run after him, and took him with the hat upon him, and brought him back, and he confessed several such like things he had done that very night.

Walter Rotchford , the servant, deposed to the same purport.

Prisoner's Defence.

I pawned this hat for 6 s. and went back again in about an hour for it. I thought I had money enough about me. I was looking over it, and found I had not enough. I desired he'd take what I had and I would go and fetch the rest. I went out and he followed me and took the hat from me. I was a little in liquor.

Prosecutor. He offered me no money while he was in the shop. When he was taken then he did, 3 shillings and some halfpence, and the hat too, if I would let him go.

Guilty .

[Transportation. See summary.]

98. (M.) Sarah Gorman , Spinster, was indicted for stealing one silver spoon, val. 10 s. 2 silver spoons 2 s. one silk handkerchief, 2 s. the goods of Abraham Brittain , Dec. 11 .

Abraham Brittain . On the 11th of December the things mentioned were taken away by the prisoner, who had been in our house that day; when she came again I challenged her with it. She was taken up stairs and searched by some women, who can give the court an account of it. The spoons were in my wife's pocket, which were gone also.

Mary Biggins . In searching the prisoner, I felt the spoon in her stocking, and Mrs. Clark took it out.

Mrs. Clark. I saw Mrs. Brittain take a handkerchief out of the prisoner's bosom. There were 2 s. and a silver buckle tied up in one corner of it; and I took the spoon out of her left leg stocking.

The constable produced the spoon and handkerchief.

Q. to Brittain. Are these your property?

Brittain. This is the spoon these women delivered to me after they had searched her. It is my property.

Prisoner's Defence.

I was coming by the prosecutor's house about 8 o'clock in the evening. There was a great croud coming out at the door, and there I found the pocket with the spoon in it. I went in to let them know I had got it, and they took me away before the justice.

Guilty .

[Transportation. See summary.]

See No. 325. in Sir William Calvert 's mayoralty.

99. Lawrence Bourn , was indicted for stealing one hat value 10 s. the goods of Albert Nesbit , Esq ; Dec. 24 . ||

William Martin . On Christmas Eve between 7 and 8 o'clock, the prisoner took my hat off my head and ran away with it. I ran after him and cry'd stop thief. Two men stopped him.

Q. Whose servant are you?

Martin. I am servant to Albert Nesbit, Esq; this is a hat he provided for me; I had wore it but two or three times.

Arthur Smith . I am the constable that took the prisoner in charge. I asked him how he could do such a thing? He said it was necessity drove him to do it. He produced the hat.

John Ward . I was coming up Holbourn from Smithfield, and a little on this side the watch-house I heard the cry of stop thief! and near a grocer's shop where was a light, the prisoner came running by me. I ran about 50 yards after him, when he stumbled and fell down. I was just behind him as he got up. I took hold of his arm, and the young man came up. Said I, what has he done to you? Said he, he has robbed me of my hat. The prisoner said he was almost starv'd. I saw a hat flung down, but I cannot swear to it. The hat was produced.

William Martin . The prisoner came behind me, and took this hat from my head, and ran away with it.

William Meridey . As I was going up Holbourn on Christmas Eve, this young man cry'd out stop thief! stop thief! I saw the prisoner running as hard as he could. I ran after him; whether the hat came from his hand or under his arm I cannot say. I saw it drop from him. I ran by it about 20 yards. We took the prisoner. Then the young man came up, and said, this man has stole my hat. We took the prisoner to the high-constable, there he owned the taking it.

Prisoner's Defence.

As I was coming along Holbourn, I saw a man walking behind the young man, I was about 12 yards behind him. I saw that man take his hat off his head. I ran after him to take him, and ran a considerable time. I by chance fell down, and the man got away; and these gentlemen came and took hold of me and thought I was the man, so they swore against me. What they say of my owning it is false.

Guilty .

[Transportation. See summary.]

100. (M.) James Field , was indicted for that he, together with Anthony Whittle , Charles Campbell , Thomas Pendergrast , on the king's highway, on David Woodman did make an assault, putting him in corporal fear and danger of his life. 1 pair of spectacles, val. 2 d. 1 steel tobacco box, val. 2 d. 1 linen handkerchief, val. 2 d. and 13 s. in money numbered, did steal, take and carry away , May 24 . ||

David Woodman . On the 24th of May I was coming home from out of the city with my wife, and in Moorfields , crossing the kennel by Rope-makers alley, we saw four fellows, two of them turned short upon me, and one of them took me by the jaw, which I believe to be the prisoner at the bar. He swore he'd blow my brains out; they down'd with me directly and used me very ill. There was another man, he had trowsers on. They beat me about my head and face: they picked my pockets when I was senseless under their hands. I lost about 13 or 14 s. in silver, and about 4 d. in halfpence, a pair of spectacles in a case and a steel tobacco box. This I believe was about a quarter after eleven o'clock. When I fell I believe my body might lie in two parishes, it being a cross the kennel.

Q. What sort of cloaths had the man on, you take to be the prisoner, at that time?

Woodman. I imagine a lightish sort of a coat, and by his bulk and appearance, I do really believe the prisoner to be the man.

Q. Had you seen him before?

Woodman. Never to my knowledge.

Cross examined.

Q. Was it light at that time?

Woodman. There was no moon, but it was done under the lamps, and light enough to discern.

Q. Did not you, upon the other trial, declare you were robbed by four men, of whom you had no knowledge?

Woodman. Yes I did, but upon seeing the prisoner before justice Fielding, I then recollected, and told him he was the man that laid hold of my jaw.

Mrs. Woodman. The prisoner is the man that laid hold of my husband. I had hold of my husband's arm at the same time; this was the 24th of May. John Ecklin laid hold on me when the prisoner laid hold of my husband, as we were going into Ropemakers alley. I heard my husband say, use me well and you shall have what I have, but they beat him and used him very ill. There was another man passed us in trowsers, which I understand since was Anthony Whittle . They took my pocket; one came cross the road and took it; then when they wanted to search me farther, I said, if they would be easy they should have my other pocket.

Q. Did you ever see the prisoner before?

Mrs. Woodman. No not to my knowledge.

Q. How many did you see?

Mrs. Woodman. I saw but four men?

Q. Was it a light night?

Mrs. Woodman. There was no moon, but it was not dark being just under a lamp. When the man laid hold of me first I thought he was going to kiss me. He took hold round my neck, and held my mouth, and said D - n you you bitch, if you make a noise, I'll blow your brains out.

Cross examined.

Q. Whether or no the person who stop'd your husband did it in the front or behind?

Mrs. Woodman. He came in the front of us.

Q. Who was seized first?

Mrs. Woodman. We were seized both together.

Q. Was not you in a good deal of surprise?

Mrs. Woodman. I was, but was not so much at first as I was afterwards.

Q. Did you see the man in trowsers do any thing?

Mrs. Woodman. I saw him turn back and go to my husband.

Q. What coloured cloaths had the person on who attacked your husband?

Mrs. Woodman. They were lighter coloured than what he has now on. After he was robbed I went and took him up; he was all bloody; he said, they have almost killed me. The man that took my first pocket off ran directly away.

Q. Did you see any weapon?

Mrs. Woodman. No, I did not. This same man was in Anthony Whittle's information, as concerned in this robbery, before justice Fielding.

John Ecklin . The prisoner, Anthony Whittle , Charles Campbel , Pendigrest and myself, were this same night (it was on Allhallows-day ) drinking together at the India Arms in Rag-fair. We all five agreed to come up together to Drury-lane: as we were coming along Moorfields, we saw the prosecutor and his wife before us. Anthony Whittle said to me, there is a stanch cull, i.e. a man worth while, if you will we will touch him. I said, with all my heart. I was the first that came up to the prosecutor. I took hold on his collar, and Anthony Whittle followed me close. I left the prosecutor to Whittle and went to the woman, and took her in my arms, and put my arm round her neck, and her head leaned against my breast. She made as much resistance as could be expected by a woman. I got one of her pockets off, and prevented her crying out, when she began so to do, and she stood very quiet afterwards. I delivered one pocket to the prisoner at the bar, or else Charles Campbel, I cannot swear which. I had no hand in robbing the gentleman; the persons that robbed him were Anthony Whittle , and Pendigrest.

Q. Did the prisoner take hold of the prosecutor?

Ecklin. I cannot say he did, because it was a very dark night. When we do such things we are in a great flutter, thinking how to make our escape, when we have got the goods. We left them and went to the Seven Dials and stop'd a chair, but the watchmen surrounded us, and we escaped as well as we could. The next day we met again at the India Arms about twelve o'clock, and divided the money, which was about 3 s. 6 d. a piece. I saw the prisoner have 2 s. of it. We had some silver lace, which was wrapped up in a piece of blue paper, which they said was taken out of one of the pockets.

On his Cross Examination he said, He was taken up about 12 o'clock, and the next day he made this discovery amongst other robberies. That he had had no conversation with the prosecutor, concerning this robbery since; only being before the justice, when he and the prisoner were there. That he gave the same testimony on the other trial. [See No. 508. in John Blachford's, Esq; mayoralty.] That he did not see it, but was told afterwards, the prosecutor was struck with a pistol. That the prosecutor and his wife were arm in arm, when first they attacked them; and then the woman went to run, and he overtook her. That there were five of them in company.

Prisoner's Defence.

I have nothing to say, please to call my witnesses.

For the Prisoner.

Michael Murrey . I saw Ecklin in Bridewell, but cannot tell the day. I being headborough had business there. He asked me, if my name was not Murrey? I said, yes. He said, don't you know me, saying, we were shipmates once in the Warren Galley ? said I, I cannot say I know you. Do you not know Ecklin, said he? I remember that name, said I; were not you pressed? He said, yes. I asked him what he was there for. He told me, he lay to give evidence against Field; said I, Field is gone out of the way; said he, he is a fool for that, I'd stand his chance for a shilling, for we cannot hurt him I am sure; adding, he was obliged to put him into his information, because Saunders had put him in before, and how can a man be blamed for doing that, to save his own life?

William Harding . I keep a public house, the Spring Gardens at Stepney. The prisoner used to resort to my house, he used to pay me very well; he did belong to the Warren Galley privateer.

Hugh Horne . I have known him a great many years, I never knew any thing bad of him, any more than fighting on the stage.

John Coulter . I have known Field 20 years in the kingdom of Ireland and this country. I saw him at Wolverhampton on Wednesday the market day, at the sign of the Red Cow, I believe the 23d of May, 1749, I travel the country with a licence, I went there to buy some buckles, I have the bill of parcel from one Robert Lilley , now in my pocket, in Gray's-inn-lane, by which I remember the time.

Q. to Ecklin. Do you know this last witness?

Ecklin. No, I don't, my lord.

Corbery Heyling. I saw Field at Wolverhampton, but don't know the day of the month; it was on a Wednesday, in May 1749. I and the other Evidence were buying goods in a Shop and he came by, and we met him on the road afterwards.

Q. Where did you come from to this fair?

Heyling. We came from the fair of Ross, do you think I'll tell you a lye?

Q. How far are these two places a-part?

Heyling. I cannot tell.

Q. What day is the fair of Ross on?

Heyling. I believe it is about the 15th or 16th of May.

Guilty Death .

101. (M.) Sarah Castele , spinster, was indicted for stealing 1 linen cap, 1 checqu'd apron, 1 sleeve button , the goods of William Green , Dec. 16 .

+ Acq .

102. (L.) Joseph Guest , was indicted for stealing 2 pair of silver shoe buckles, value 20 s. 5 silver knee buckles, value 10 s. 1 odd shoe buckle, 1 silver watch, 1 silver seal, 1 pair of sleeve buttons, 1 gold ring , the goods of Basil Den , Dec. 30 . +

Samuel Bubb . The prisoner gave me these goods mentioned in the indictment, to keep for him till he could have an opportunity to send them where he intended.

Basil Den . The prisoner was my servant . The goods are my property, I believe it is the first fact he ever committed of this nature.

Prisoner. I have nothing to say for myself.

Guilty .

[Transportation. See summary.]

103. Robert Monroe , was indicted for stealing 8 yards and a half of woollen cloth, val. 33 s. the property of Francis Hutchens , in the shop of the said Francis , Dec. 21 . +

Francis Hutchens . I know this piece of cloth to be my property, but I did not see the prisoner take it.

Ann Gunthorp . On Friday the 21st of Dec. about a quarter before 4 o'clock in the afternoon, I saw the prisoner stand some time looking to the prosecutor's window, and I suspected him; then I saw him take out that piece of woollen cloth and put it under his great coat, and ran away.

George Sparrow . I took him in Mincing-lane, about 5 minutes after he had took it, and took it from under his great coat.

Prisoner's Defence.

I don't know what to say. Guilty of stealing, but not out of the shop .

[Transportation. See summary.]

104. Benjamin Cartwright , was indicted for stealing 40 pounds weight of lead, value 4 s. belonging to the mayor and citizens of London , Jan. 4 .

+ Acquitted .

105. Joseph Smith , was indicted for stealing one silk handkerchief, value 10 d. the property of Mendes Decosta , Dec. 21 . +

Mendes Decosta. As I was passing along from Merchant Taylors-hall in Threadneedle-street , a person came up to me and told me, the prisoner had picked my pocket of a silk handkerchief: I felt and missed it. I ran to him and collared him, and said, deliver me my handkerchief; he told me he had it not; at last he took it out of the wasteband of his breeches, and delivered it to me. The handkerchief was produced in court, with the letters L. M. No. 10. upon it as he had before said.

Nicholas Lamey , who saw the prisoner take the handkerchief, confirmed the evidence of the prosecutor.

Guilty .

[Transportation. See summary.]

106. (L.) Hugh Dunn , was indicted for falsely forging and counterfeiting a certain paper writing, in the name of Charles Legrass Merchant of Yarmouth , for the sum of 50 l. 18 s. 6 d. with intent to defraud George Nelson , Nov. 5 .*

George Nelson. Here is a Bill of Exchange that was brought inclosed, in a letter by one Wallice a porter, it came on the 1st of November in the evening, about 6 or 7 o'clock. I opened the letter, it was signed Sydne Stafford Smythe; the porter said, it came from one of the barons of the Exchequer, who lives in Cary-street. The contents to this purport.

Please to pay the bearer the contents within, &c. Cary-street, Sydnea Stafford Smythe. On the back of it was a Receipt wrote ready to sign.

Received the contents, for the use of Sydnea Stafford Smythe, Esq; by me a blank left for the porter to write his name.

I told the porter I had no advice of this Bill, and that it was a larger bill than what Mr. Legrass used to draw without advice.

Q. Did it appear to you to be like Mr. Legrass's writing, or had you any doubt about it?

Nelson. I then thought it was, but he happened to have a clerk in town, and I told the porter I chose to shew it to him before I paid it; so I told him to come the next day, being Friday, about 2 o'clock, and I'd endeavour to see the Clerk before that time; he came accordingly, but I had not seen the clerk, so I told him he must come again, which I ordered on Saturday any time between two and four; he came about six or seven; I staid at home till five, then went out of town, and had left word, if the porter came to appoint him to come again at 3 o'clock on the Tuesday following. He came at that time, and when he came I laid hold on him, and told him the bill he had in his hand was forged; he said he could not tell any thing about that, he was only sent with it. I told him he must produce the man he had it of, he said he could easily do that, saying, the man was at my gate at the same time. I said that did not appear well to me; nor to me neither said the porter, but he said to me he ow'd some of your men money, which was the reason he did not care to come himself; but said the porter, if you desire me, I'll fetch him in directly. I did not think that proper, because the porter was a stranger to me. So he described him to a servant of mine, John Haynes , who went out and fetch'd him in: when they were both in my compting house, I asked the porter, whether that was the person that gave him the bill? The porter replied, yes, he sent me 4 times with it; then I asked the prisoner, if that was true? He said yes, and what then? I told him the bill was forged, and I believed he was concerned in it: and I sent for a constable; then he fell down on his knees, and begged very hard I would let him go. I told him for my own part I freely forgave the offence against me, but it was what I could not answer to the community.

This is the identical bill, and had never been out of his custody.

It was read in court to this purport.

Yarmouth, Oct. 29, 1750.

Pay to Samuel Johnson , Esq; or order, the sum of 50 l. 18 s. 6 d. without further advice.

Charles Legrass .

I forgot mentioning this in my last.

Directed to George Nelson .

John Wallice . On the 1st of Nov. the prisoner at the bar came to the Bell alehouse in Friday-street, (I ply as a porter there) and inquired for a porter, and desired I would take a letter and go to Mr. Nelson's, saying, there was inclosed a bill of Exchange for 50 l. 18 s. 6 d. so I took the letter and carried it accordingly. He went on and varied in nothing from what Mr. Nelson had before deposed.

John Haynes . I am Mr. Nelson's servant, Mr. Nelson sent me out the 6th of November last, when the porter had described the prisoner; so I went and found him in Mr. Hotchkins's a grocer's shop, over-right my master's gate, he was looking towards my master's gate; I stepped into the shop and took him by the collar, and told him, he must go along with me; he seemed very much affrighted, and asked me where? I told him it was no matter where, he must go, and if I had wronged him I'd ask his pardon. I took him to my master's house; as soon as the porter saw him, said he to me, you are right, that is the man; then my master sent me for a constable ; I know no more.

Prisoner's Defence.

I had the misfortune to become acquainted with one Mr. Oroath, I was clerk to my uncle Mr. Kelley. I being an intire stranger to him, he appeared very genteel, with lac'd cloaths, &c. I did not suspect any ill from him. He came into my office on the 1st of November, where I was writing, the servant of the house was then with me; he turned the servant out, fearing he should know the business; then he produced me this letter, and directed me to go and send a porter with it to Mr. Nelson, and told me the contents of the bill, and at the same time produced a note of 200 l, payable to himself, from one John Chilton , which I suppose he did in order to induce me to believe the bill to be a good one; what I did I was innocent of, not thinking it to be what it appears to be.

John Carr . I have known the prisoner ever since he came to live with Mr. Kelley, which is I believe between two and three years; I have been intimate with him; really he was the last person that I should have thought guilty of forgery, nor did he appear to me to be necessitated.

Q. Where does Mr. Kelley live?

Carr. He is an attorney, and lives in Fetter-lane.

Nathaniel Barker . I have known the prisoner about three-years, ever since he came to England; I believe him to be as innocent a creature as ever came to England; I never heard any thing ill of him; he is constant and diligent in his business.

Thomas Norris . I have known the prisoner between 2 and 3 years, and never heard any thing bad concerning him; he is one of the last I should think guilty of such a thing.

Edmund Hanley . I have known the prisoner almost 3 years; he is a very sober young fellow; I have received money of his master by his hand; I never saw him drink a glass of wine in my life.

John Kelley . I have known the prisoner better than a twelve month, he has a very good character; on the first of Nov. last Mr. Oroath came to master Kelley's house, he came through the passage into the office; I went into the office, he sat down next chair to the prisoner, he wanted me to leave the office, (which I did, and drew the door too after me) saying, he wanted the young man to do a private job for him, drawing forth a slip of paper from his pocket; after that I was called to bring a pair of scissars from above-stairs, I carried them, that is all I know of it.

James Carrol . I have known the prisoner between two and three years, his master has often done business for me; I always looked upon him to be a sober lad. I believe him to have the least vice in him of any young man in England; I never could prevail upon him, when he came upon business, to drink so much as a glass of Wine, or a drop of porter.

Joseph Lethree . I have known him ever since he came to live with Mr. Kelley. He has frequently been at my house, I thought him to have been an honest sober young man; I have asked him to drink wine, but he never would with me.

Mr. Edwards. I have known him about twelve months, I look upon him to be a modest sober young fellow.

John Macoombe . I have known him about ten months, his character was that of a very sober young fellow; he has frequented my house.

Counsel for the Crown.

The prisoner has said in his defence, that he received this bill of exchange from Mr. Oroath, and the man was turn'd out of the office before he received any thing; and this man, who says he is a servant to Mr. Kelley, says he saw the gentleman give him a slip of paper; that is directly contrary to the prisoner's defence; and as to this Mr. Oroath, if it would have been of Service to them, they would have called him, he is now in Court.

[The paper is put into Mr. Oroath's hand.]

Mr. Oroath. I saw this at my Lord Mayor's, but never before, till I saw Mr. Nelson take it out of his pocket there; the prisoner at the bar had accused me, by sending a letter to his uncle, telling him, I was the person that gave him this draught. I came to my Lord Mayor, and brought a Gentleman who had seen me write, to prove it was none of mine. I had proof enough, and I believe was I to be at school 99 years, I could not write such a hand as that, neither did I ever hear talk of Yarmouth, till after this.

Q. Did you deliver that paper to the prisoner?

Oroath. No, I did not, the prisoner's uncle was my attorney. I had no intimacy with him, in my life time.

Cross examined.

Q. Was you in his office on the 1st of Nov.?

Oroath. I cannot be positive. I lodge just by Chancery-Lane, and as his uncle was my attorney, I used to be there sometimes.

Q. Did you ever desire the footman to go out of the room, when you was with the prisoner?

Oroath. No, I never did at any time.

Acquit. of the forgery, Guilty of publishing it , Death .

107. (L) Mary Webber , was indicted for stealing a silver quart mug, val. 4 l. the property of Roger Cole , in the dwelling-house of Mr. Scott , Dec. 29 . +

David Erwin . I am servant to Mr. Scott, in the Temple; I went to order some small beer in this tankard, and I left the tankard afterwards in the passage, when I went out to do my horses; Mr. Cole's boy came two or three times for it that night; at last, I went to the prisoner, who was the laundry maid; she said, she had sent it home; I fetched her to Mr. Cole, to give an answer herself, and I know nothing farther, than on Monday after the advertisement was out, she came to the chamber, and I was present, when the tankard was found upon her.

Tho Gibson . I am a pawnbroker. On the 29th of December, the prisoner brought a silver tankard (wrote at the bottom, Roger Cole , Sheer Lane.) She said it was given her by a young man in the Temple; we did not think proper to lend any money upon it; I seeing the name on the bottom, bid her carry it to the right owner; I went to see for Mr. Cole, and found he was moved. On Monday morning she came to our shop, and I asked what she had done with it? she said, it was carried to the proper owner; then I saw the advertisement after she was gone, and it was found on the prisoner, concealed under her petticoat and gown, tied by a string, hanging on her right side; when we went to search her, she said it was in the chamber.

Mr. Cole. I live at the Mitre tavern, Fleetstreet ; not finding my tankard at Mr. Scott's chambers where I sent it, I inquir'd for the laundress, when she came, she said she had given it to my servant, after that upon examination she said, she gave it to a tavern boy; said I, which of them I said she, a lad in a white cap; I said you are just out, I have never a boy dress'd so. I advertised the tankard; on Monday morning the pawnbroker that is here, came to my house; I sent for the prisoner, and as his back was towards her, I ask'd her if she knew any thing of the tankard? she said she did not; said he, how can you say so, when you offered to pawn it with me on Saturday night? then she turn'd up her gown, and there the tankard hang'd, tied by a string.

Prisoner's defence.

On Saturday night, when I was at my master's chamber, there was toast and bear in the tankard; I took it home, as I had done often, for my supper; then I had occasion to go by the pawnbroker's shop; being very well known, out of a joking way I said, will you take this tankard in pawn? he said no, I'd have you carry it home again; so I will, said I; I went there again, and met Mr. Cole and Mr. Scott's servant in Mitre Court; they ask'd me if I knew any thing of the tankard, I did not say any thing, but delivered it them.

Mr. Cole. On Saturday night, she said she would swear it to one of my boys, and on Monday, she denied knowing of it, till she saw the pawnbroker.

Gibson. She did not do it in a joak, but said she wanted to take some other things out, she had before in pawn. She brought it wrap'd up in a piece of a petticoat.

Guilty of stealing, but not in the dwelling house .

[Transportation. See summary.]

108. (M.) William Garnons , was indicted for stealing 25 pieces of beech wood for plancs, val. 18 s. the goods of Richard Small , Jan. 10 .*

Acq .

109. (M.) John Kenney , was indicted for stealing one guinea , the money of Henry Jackson , Dec. 27 .

|| Acq .

110. (M.) Elizabeth wife of Daniel Merideth , was indicted for stealing one velvet cloak, value 20 s. one linen half shift, val. 4 s. the goods of John Ainsworth , Jan. 10 .

|| Acq .

111. (M.) Mary Macarter widow , was indicted for stealing two shirts, and one silk handkerchief, the goods of John Carter ; one shift, one muslin handkerchief, three hoods, one mob, and one apron , the goods of Jane Smith , Widow , Dec. 8 .*

Jane Smith. The prisoner's daughter lives in an apartment next to my house; they broke a way through into my garret, I missed the things the eighth of December. I got a search warrant, and found two shirts; one of them belonging to John Carter , who I wash for; he is not here, but he took his oath before the Justice, that it was his property; the Justice committed the old woman, as she confessed she stole the linen, &c. and let the young one go.

Martha White . I washed the things the 7th of December, I hung them up, and missed them the next day. She mentioned the things in the indictment. The prisoner owned the stealing them all, except the two handkerchiefs.

Guilty .

[Transportation. See summary.]

112. (M.) Jonathan Dathan , was indicted for stealing two cocks, val. 5 s. one hen, val. 2 s. the goods of John Bond ; five chickens, val. 2 s. one hen, val. 2 s. the goods of Alifrid Montford , Dec. 14 *

It appeared the prisoner had a promise of forgiveness upon his telling who was his accomplice, which he did; and he was taken up by his directions.

He was acquitted .

113. (M.) John Greenhead , was indicted for stealing two cocks, val. 5 s. one hen, val. 2 s. the goods of John Bond ; five chickens, val. 2 s. one hen, val. 2 s. the goods of Alifrid Montford , Dec. 14 .

+ Guilty 10 d.

[Whipping. See summary.]

114 (M.) William Bird , was indicted for stealing 3 s. in money, numbered , the goods of Robert Day , Jan. 3 .

++ Guilty 10 d.

[Whipping. See summary.]

115, 116. (M.) Thomas Clements , and Anthony Westley , were indicted for breaking and entering in the night the dwelling house of John Willson , and stealing thirty-six pair of shoes, val. 5 l. the property of the parish of St. Luke; one child's stay and frock, one long lawn, one hatt, one silk handkerchief , the goods of the said John, July 24 . ++

James Bisben . On the 25th of July, about 3 o'clock in the morning, Thomas Clements and I went over a gate at the workhouse in Old-street road , there being no window shutter to a window, we hoisted up a sash, and he went in. Westley stood in the road, we bid him stay there till we opened a window. I staid in the yard till he unbolted the shutter that looked into the road, then I went round to Westley. Then Thomas Clements handed out the shoes, by three or four pair at a time, I took them; Westley spread a cloth, which we had, and we put them in it. There were about forty pair of them; he also handed out a child's frock, a man's hat, two or three child's petticoats, and a woman's stomacher. We had been going along that road two or three days before, and saw those shoes in at the window; so we went by appointment, on purpose for, them. We were about half an hour about this; we carried them to our room in Blue Anchor Alley, near Whitecross-street; we staid till morning, then Clements went and got a man to buy them, his name was Samuel Cordosa . (See No. 511. in Blachford's mayoralty) Clements sold them to him; he paid us 33 s. for them all, at the Adam and Eve, in Jewin Street; the same day we all three met him there, I had eleven shillings of it.

Q. Was it dark, when you took them?

Bisben. It was.

Q. Had you any dark-lanthorn?

Bisben. No, we had not.

John Willson . I am master of St. Luke's workhouse ; the house was broke open the 24th of July, on a Sunday night; every thing was fast at 10 o'clock that night, that is the usual time I go over the house to see. The windows next the road have shutters to them, the other in the yard have not. On monday morning, as I was going out about 7 o'clock, I missed my hat, going into the hall, there I found the shoes, which the overseers and churchwardens had sent in, and the child's clothes were gone. We had five dozen of shoes, but I had disposed of some of them, so I can't be exact as to the number, but I believe there were forty pair left, which were taken away; I let the overseers know of it, and we did what we could to find them. One Ross, who was cast last sessions, gave us a slender account of them, but would not tell the person's names, &c. The next was Clements the prisoner, I went to him in Clerkenwell Bridewell, with the two overseers; there he confessed every thing voluntarily, and his confession agreed with this account by the evidence. Westley own'd to the fact, that he was on the outside, and took the things, &c. And before the Justice, they were all for being admitted evidences. There was neither threats or promises made them, to induce them to confess.

Thomas Ind . Bisben and Clements were taken up on suspicion, about a week or eight days before this confession; Bisben was committed to Tothill-fields Bridewell, and Westley was taken in the mean time; then the confession came out by Clements. We sent for the prosecutor with a view to have him admitted an evidence; they all confessed, expecting each to be an evidence against the others; one said he could tell more than the other, the other could tell more than he; so it came all out.

Clements. I beg mercy of the court.

Westley's defence. On the Sunday morning before this robery was done, Bisben and Clements asked me to go and drink a pot of beer, I went with them; we went home to Bisben's house, I was drunk; about 12 o'clock they wanted me to go out, I was so sick I could not; the next morning I saw the shoes lying, I did not ask where they had them, nor they never told one. They fetch'd a man who look'd like a gentleman, he took them away in a bag; I was with them at the Adam and Eve, in Jewin-street, he paid them some money; they treated me all the next day, and would have had me went to the play with them.

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

Thomas Clements , was a second time indicted for stealing one glass sconce, one gilt frame, value 3 l. thirty towels, value 10 s. the goods of William Kemp , July 19 . ||

The prisoner confessed the fact voluntarily to the prosecutor, that he sold them to Samuel Cordosa ; and acknowledged the same in court, and beg'd for mercy.

Guilty .

Thomas Clements a third, and Anthony Westley a second time for breaking and entering the dwelling house of William Peck , Sep. 27 . about four o'clock in the night, and for stealing out thence one copper pottage-pot, one linen shift, two linen aprons, four pair of worked stockings , the goods of the said William. ++

James Bisben . About the latter end of September, Clements and I went over into Tindal's burying ground; Westley said without side, at a house where was no window shutter, we took out a pane of glass; Clements put in his hand and opened the window and went in, and handed out a copper pottage-pot, four pair of stockings, one shift, mark'd with S, and two checque aprons; we were there about a quarter of an hour, Westley staid till we came back; we three came from near Rag-fair to get what we could, but had not this house particularly in view, when we set out; our intent there, was to see for some linen in the back yards. We put the other things into the pot, and gave it Westley, and he went away with it; Clements and I went over the wall into the Artillery ground, then we came out, and overtook Westley a little beyond Bishopsgate-street. We carried the things to our room, we sold the stockings and aprons in Rag-fair the same day to a stranger, for 4 s. and 6 d. we had 18 d. each; one John Cook took the pot to sell for us, and he brought us eight shillings for it, it was divided amongst us three.

William Peck . I live in Brownstreet, Bunhill-row. The back part of my house looks into Bunhill-fields burying ground. On Sept. 26 at night I fastened all my windows, in the morning when my servant got up, she found one of the lower windows open; these things mentioned in the indictment were missing. I never saw the things again.

Hannah West . I am servant to Mr. Peck, when I went to bed the windows were fast, and in the morning this was open, and the things gone.

Both guilty of stealing, but not in the dwelling house .

[Death. See summary.]

117. (M.) William Fenton , was indicted for stealing one silver spoon value 4 s. 2 cloth waistcoats, value 5 s. one pair of worsted stockings, one piece of linen cloth, two skins , the property of John Hurley , Dec. 13 . ++

The prisoner is a taylor , and was on the 13th of December at work in the prosecutor's house, who is a distiller , making new work and mending old, &c. he took an opportunity to convey the goods mentioned away; he was taken up, some of the goods were found upon him, and by his directions the rest were found, and produced in court. The prisoner acknowledged the whole in court.

Guilty .

[Transportation. See summary.]

118. (M.) Mary Chester , spinster , was indicted for stealing one gold ring with a purple stone, and two diamonds, value 20 s. the goods of Ann Rose , spinster, one cotton gown, and one muslin apron , the goods of Margaret Rose , spinster , Dec. 16 *.

Guilty .

[Transportation. See summary.]

119. (M.) John Willson , was indicted for stealing three pewter pint pots, and one quart pot , the goods of Matth.ew Frankland , Jan. 7 *.

Guilty 10 d.

[Whipping. See summary.]

120. 121. (M.) John Carrol and John Harrwood , were indicted for that they, together with Francis Gobart did steal one brass stove, six chairs, one leaden bird, four spades, two tin watering-pots , the goods of Edward Carter , Jan. 6 *.

Edward Carter. On Sunday morning the 6th of this instant, I was informed my house had been broke open; I missed the things mentioned. On, Tuesday morning I went amongst the brokers. I saw my stove standing at a door in Peter-street. I enquir'd how they came by it, I was told they bought it. I told them it was mine, and desired if the persons that brought it should come again, to stop them. I went to another place, and was sent for back; they had stop'd the two persons who came again, they were two women; we have them here to give evidence. I examined them how they came by them; they said their husbands gave them to them to sell, I had found a watering pot of mine at the other place, and ordered the people there to stop the person that brought it, if they came again; than I had word brought me, the person was stopt who brought that. I found all the goods, at different places.

Court. We cannot examine women against their husbands.

Prisoners. Please you, my Lord, the women do not belong to us.

Lucy Rial . I bought the stove of Mary Gobart and Ann Prehue , I know nothing of the prisoners.

Mary Gobart . Ann Prehue came to me, and desired I'd help her carry these things to sell; I thought they were her own.

Ann Prehue . I was ordered to sell the stove by Isaac Dubuck , he told me he bought it, so I sold it to Mrs. Rial.

Isaac Dubuck . The two Prisoners and I were all together when we got these things, we pull'd down the stove amongst us; it was in the night, I can't tell the exact time, they were gone to my habitation with six chairs, when I pulled the stove down. I met them as I was carrying the stove away. There was a leaden bird; I saw it melted, one of the prisoners carried two spades, the other a spade and watering-pot, and I carried a spade and one watering-pot. I sent the woman that lived along with me ( Ann Prehue ) to sell them, and Mary Gobart went along with her, to make the thing look the better: the money that was brought back was put into a drinking-glass, and we took it out, each of us, as we wanted it: we lost some of it at skittles. The prisoners have beat me while in goal with a broomstick, and made me swear upon a common-prayer book, that I would clear them.

Harwood's defence. That witness knows, if he will speak the truth, I was at home and a-bed at that time these things were taken.

Carrol's Defence.

I was at that evidence's house at the same time along with Harwood; and the evidence went out and brought these things in; how he came by them I do not know.

Both guilty .

[Transportation. See summary.]

122. (M.) Joseph Steel , was indicted for stealing one copper val. 5 s. the property of Joshua Murphy , January 5 .

|| Acquitted .

113, 114. (M.) William Sherlock and Jacob Fordham , were indicted for stealing one tin canister, and one pound weight of green tea, value 2 s. the property of James Hambleton , Jan. 5 . ||

James Hambleton . On Saturday morning, about half an hour after seven o'clock; I went out and was sent for home; when I came I found Sherlock in my shop; the girl told me he had been in the shop and a canister was missing; I carried him to a constable. As we were going to the round-house, he fell on his knees, and desired we would be merciful and he would tell the truth; he said it was the first fact he had been guilty of; so he took us to the house where he lodged, (I do not know the name of the street) and bid Fordham give us the canister; Fordham drew it out from under a chest of drawers, and gave it us.

Jane Lovesly . Sherlock came into my master's shop, I did not see Fordham at all; as Sherlock asked for nothing, I ran after him and called him back, then I went for my master.

Stephen Freeman . I am constable of St. Gyles's parish; the prosecutor brought Sherlock to my house, and gave me charge of him; he said he suspected he had stolen a canister of tea; the boy said he knew nothing of it: as we were going to the round-house, said he to me, I can tell you where it is: he took us to a house, and ordered us to stand back till he got into the house, and he would help us to it. It being a bad house I would not part from him, so I went in with him; there was Fordham sitting by the fire; Sherlock ordered Fordham to deliver it to me: then Fordham took it out from under a chest of drawers; when Fordham delivered it, he begged to be forgiven.

Sherlock. I told them Fordham had it, and carried them to the place where he was. I leave myself to your lordship's mercy.

Fordham. I have nothing to say for myself.

Both Guilty .

[Transportation. See summary.]

115. (M.) Elizabeth Meadows , otherwise Drew, otherwise Jones , spinster , was indicted for stealing two silver spoons, value 20 s. 24 yards of Irish cloth, one linen frock, six silver tea spoons, one pair of tea tongs, one gold ring with a garnet stone, the goods of John Ashley , in the dwelling-house of the said John , Dec. 8 . ++

The prosecutor had an auction at the late house of Mr. Rosomond, to sell the goods; the prisoner was seen to attend there. The goods mentioned in the indictment being missing, they were advertised, and the pawnbroker who took in the two table spoons and piece of Irish cloth, brought them to the prosecutor, and deposed in court, he took them in from the hands of the prisoner; the prosecutor deposed only to the spoons.

The prisoner in her defence said, a young woman who looked after the table where the spoons lay, gave them to her to make money for her.

Guilty of stealing, but not in the dwelling-house .

116, 117. (M.) John Nutbrown , and Miles Nutbrown , were indicted for stealing one saddle, one saddle cloth, two bridles, the goods of Joseph Carratha , in the stable of Thomas Holgate , Nov. 28 . +.

Joseph Carratha . On or about the 28th of Nov. this stable was broke open, and a saddle, a green saddle cloth, and two bridles were taken out. I know nothing of the prisoner.

Q. Is this your stable?

Carratha. It is part mine and part Thomas Holgate 's.

William Dale . About two months ago the two prisoners came to my house, and said they saw something like a saddle in a pond, and wanted to borrow a pale, I was in bed; when I got up I saw a saddle hang up to dry in my stable; I advised them to take it to Hackney where they lived; they said they would let it hang till they saw it advertised; they came several days after that to look in the advertiser, to know who was the owner.

Matthew Egleston . When I heard the prosecutor had been robbed, I went to a prisoner in Bridewell, who told me, he and the two prisoners stole the saddle and things mentioned, and four pewter dishes; then I went and let the gentleman know about the saddle and things.

William Lightwood . I got over the gate and opened it for the two prisoners ; they helped me up to a window that goes into the lost; I got in and got the saddle and two bridles, a whip and saddle-cloth. We went and hid them in a hollow tree three or four days; afterwards they took the saddle out and flung it into a pond near Mr. Dale's house.

Q. Was you with them?

Lightwood. No, I was not, my lord, but they told me so: they brought me 16 pence, and said they had sold it to Mr. Dale for four shillings; we sold the pewter dish in Shoreditch for 2 s. I sold one of the bridles for six-pence to a man in Newington road, and Miles Nutbrown sold the other; we shar'd the money.

The prisoners had nothing to say.

To John Nutbrown's Character.

Mr. Legg. I have known both the prisoners about five years; I always looked upon John to be a very grave, sober, inoffensive young fellow as ever I knew in my life; nothing gave me greater surprise than reading the public papers concerning him.

Faithful Tate. I have known John between two and three years; he is a very sober honest young man, I have worked many a day with him.

John Burrows . I have known both the prisoners from their infancy, the eldest, John, always bore a very good character, he has lived in several gentlemens services; I never heard any ill of him.

Both acquitted .

They were indicted a second time for stealing one pair of buck-skin breeches, three shirts, three pair of stockings, one hat, one pair of leather shoes, in the stable of James Godwin , Esq ; Dec. 6 . +

Lightwood being the only evidence in this, they were both acquitted .

They were a third time indicted for that they on the 1st of January , about the hour of one in the night of the same day, the dwelling-house of Joseph Fackney did break and enter, and stealing out thence one clock, three hoop-petticoats, two hempen sacks, some lead and brass . +

Joseph Holland . I am beadle, on the 2d of this month, about eight or nine in the morning I was sent for to the sign of the Globe. When I came there, I was informed there were some persons in the hay-stack, which they had seen before. While I was talking with them, the evidence which is here came down out of the field, with a sack on his back, he turned towards London; I followed him and collared him, and saw the two prisoners moving, and said stop them two persons which are gone over the way, so Joseph Mitchel took them; we carried them into the Globe, they had each a bundle; we opened their bags and found some lead, and the brass work of a clock knocked in pieces; the evidence had lead, brass and a lathing hammer, which the prisoner, John Nutbrown , said was his; we carried them to the justice's, there the evidence confessed 18 robberies, and the prisoners were committed upon his evidence.

Joseph Mitchel . I saw the prisoners in Mr. Smith's field, he keeps the Globe at Hackney, they were under a stack of hay, and both asleep : I said to my self, I will let you sleep on, so I went into the house, and told the maid, my master being in bed. Some time after I went to see and found them rising; I saw John Nutbrown take the piece of sheet lead up and sling it down upon the hay, it looked white being mouldy; I took it to be cloth at first, then my master was got up. I told him what I had seen; my master sent me for the beadle. The rest as the former witness.

William Lightwood . On New-year's-day at night the two prisoners and I got over a high pannel of pales, then over a brick wall; we all went into a stable and got out a short ladder, the stable door was open; John Nutbrown carried it through the garden, he got upon the wall first, and we handed the ladder up to him, and set it into a cistern, which was about a foot deep in water, then John got upon the house, and Miles and I followed him; he had that bricklayer's hammer and untiled the house on the top.

Q. Where is this house?

Lightwood. It is at Hackney , nobody lived in it; we got down into the ceiling, so down into the garret and then into the house: we got three hoop-petticoats and two hempen sacks; and cut the brass off an old harness that lay in a closet; John Nutbrown knocked the clock to pieces; we took the works away, and then got out at the window. John Nutbrown took a piece of lead from off the cistern, and we went to lie under the hay stack to sleep till morning; we all from thence went up Globe lane, and the men laid hold of us; we were going to Radcliff-highway to sell the things. I had some old lead in my bag; John Nutbrown had some old rags and a bit or two of brass; Miles had two hoop-petticoats and some brass.

Joseph Fackney deposed to the house being broke open as the evidence said, and produced the dial plate of the clock, which fitted to the fore plate of the works, and the coach brass he said be believed to be his property, but would not swear to that.

Both guilty of stealing, but not in the dwelling-house .

[Transportation. See summary.]

128. (M.) Mary, wife of Albertus Porter , was indicted for stealing five yards of linen cloth, value 2 s. the property of Richard Parham , Dec. 15 . ||.

Guilty 10 d.

[Whipping. See summary.]

129. Mary Dean , widow , was indicted for stealing one cloth coat, value 20 s. the property of James Darkin , Dec. 1 .

|| Acquitted .

130. (M.) James Farris , otherwise Farow , was indicted for stealing one silver tankard, one gold ring set with four diamonds, and one plain gold ring ; one coral with eight silver bells, two holland shifts, one 36 shilling piece, one moidore, one guinea, and 30 pieces of silver, value 5 s. the goods of Joseph Collingwood , in the dwelling house of the said Joseph , Jan. 9 *.

Joseph Collingwood. I keep the Half-moon in Eagle-street by St. George's Church . On the 9th of January I had a little business out in the evening, I went out between six and seven o'clock: when I returned I found the prisoner at the bar sitting in a box with another man, drinking a pot ; they continued so for about three quarters of an hour; they went out; as soon as he parted with the other he returned again and joined company with some other gentlemen; he stayed in the house an hour longer ; and I heard him say, all his money was gone but four pence, and said he would not carry that out of the house; so he had two glasses of usquebaugh for it; then he went out of the house, and betwixt nine and one he returned again, and asked my wife if she would trust him a pint of beer; she told him she did not chuse it; then he put his hand in his pocket and pulled out something, I did not see it, but he said here is money enough; then he went out of the house again, and in about half an hour returned again, and called for a pint of wine. I told him we did not sell wine ; then he said he would spend a shilling, and threw it at my wife: I then said if you will have it, have it in punch. There was no sugar below stairs; I went up stairs for some and found the door open. I came down to my wife, and asked her what time she was in the room, she said not since four o'clock; then she run up and came down again, and said, I am robbed, but spoke softly to me. I went up with her to see; then she said, I'll lay my life that fellow has robb'd me, for I saw some pieces of money in his hand; we came down immediately, and he was gone away and left his punch behind him: I saw no more of him that night. I went into a house in Piccadilly that very night, and the gentlewoman that keeps the alehouse, told me he had been there changing two pieces of gold.

Mrs. Collingwood. The prisoner was in my house all that evening; he and another person came in and called for a pot of beer, then they went out again; the prisoner said he would not bid me a good night, he would come back again.

She went on and confirmed the testimony of her husband with this addition: That when he came again the last time but one, he pulled out of his pocket and shewed to her a 36 shilling piece and a 27 s. piece; then he went out again and soon came in, and she saw in his hand much silver and half a guinea amongst it.

Frances Parker . The prisoner came to my house, the Boot in Piccadilly, on the 9th of this instant about 9 o'clock; I changed him a guinea, he paid for what he had and went away; he came again a little before eleven and asked me to change him a 36 shilling piece; I saw he was very much in liquor, I advised him not to change it; he insisted upon changing it; I said, let me keep it till morning and do you come for it; he insisted upon 10 s. I gave it him, and bid him come for the rest in the morning, which he did, and I gave him the rest of the change.

George Parker . I went to the prisoner last Sunday in Newgate, and he confessed he had these things, and owned before the justice, that he threw the silver pieces away; he said he did not know how he came by them; he found them in his pocket the next morning. Here are two witnesses who heard the same.

Peter Jebes . I was present in Newgate and heard this confession, and that he was surprised when he found the things about him; and that he did not know how he came by them.

Charles Foster . I heard him say he had confessed every thing.

The prisoner in his defence acknowledged the fact, but that he was drunk, and did not know how he came by the things.

Guilty Death .

131. (L.) William Wyatt , was indicted for stealing two quarts of red wine, and four quart bottles , the goods of Thomas Edges , Dec. 17 . ||

Guilty 10 d.

[Transportation. See summary.]

132, 133. (M.) Thomas Tucker , and John Conoley , were indicted for stealing three wooden vessels called puncheons , the goods of Mr. Dove and Co. Dec. 1 .

+ Both Guilty .

[Transportation. See summary.]

134. (M.) Frances, wife of John Stubbs , was indicted for stealing one brass candlestic, one copper tea kettle, one linen sheet the goods of William Jones , Dec. 28 .

|| Acq .

135. (M.) Mary Smith , otherwise Brown , was indicted, for that she, on the 24th of December about the hour of 10 in the night, on the same day, the dwelling-house of James Frances did break and enter; and steal out thence, two brass candlesticks, one copper coffee-pot, two ells of cloth , the property of the said James. ++

James Frances . I live in Blue-Anchor Alley, at the bottom of Whitecross street I lost the things mentioned on Christmas Eve, I was gone out upon duty; I am a watchman belonging to Ludgate . I came home about 6 in the morning, and found the house was broke open.

Jane Frances . I am wife to the prosecutor. I went out on Christmas Eve, about half an hour after 9, and before 10 my house was broke open: I was gone to a neighbour's house, the news was brought to me. I went home, and met the prisoner coming out of my gate. I took hold on her, she wanted to get away. She had got the goods under her arm, and she let them fall to the ground. [The goods were produced in court.] The lock of my door and my window were broke open. The casement was fast when I went out; I lock'd the door, and had the key in my pocket.

Eliz. North. I live near to Mrs. Frances; I saw a light in her house. I went and ask'd at the door if my son was there? I was answered, it is not Mrs. Frances, it is I. Said I, who are you? Said she, I am just come from her. I knowing where Mrs. Frances was, I went to her, and ask'd her, if she had sent any body to her house? she said no. She was but about 20 yards off. I told her there was a light in her bed-chamber, so she came, and we met the prisoner with the goods mentioned, and my son and we stop'd her.

William North her son deposed to the taking her, and the things being found upon her.

Guilty of felony only .

[Transportation. See summary.]

136. (M.) William Vincent , was indicted, for that he in company with Richard Peate , not yet taken, in an open place, near the King's highway, on Charles Radford did make an assault, and stealing from his person one pair of silver knee-buckles, val. 3 s.

Nov. 11 *.

Charles Radford. I was rob'd on the 11th of Nov. in Catherine-wheel Alley, White-Chappel , at near a 11 o'clock. There were two more with him; the evidence David Brown stop'd me, he presented a pistol to me, and bid me stand and deliver; the two boys asked me for my watch and money; I told them, I had neither ; they ask'd me what my knee-buckles were? I said, silver; they were for taking my shoe-buckles; I said, they were not silver; so they took only my knee-buckles.

David Brown . The prisoner, Richard Peate , and I went out, with an intent to rob: it was on a Sunday night, I know not the month. We stop'd this gentleman in the middle of Catherine-wheel Alley, between 11 and 12 at night; I was the man that stop'd him, I presented a pistol to him, and bid him stand and deliver; the prisoner at the bar took a pair of silver knee-buckles out of the knees of his breeches; then we bid him a good night, and told him, if he did not walk along, we'd shoot him

James Brabrook. The prisoner owned the fact before justice Fielding, and said, he hop'd the prosecutor would be favourable to him.

William Mariot . I heard the prisoner make a confession of this fact, in Bow-street, Covent-Garden; he wanted to have been admitted an evidence, and mentioned several robberies, especially this.

Guilty Death .

137. 138. (M.) John Cox and John Pursley , were indicted, the first for stealing 16 bushels of wheat, value 50 s. the property of Richard Staples and co. Nov. 27 . and the other for receiving it, knowing it to be stolen . Nov. 28 .*

Thomas Theobalds . I work for Mr. Richard Staples , William Curry and John Sympson , partners. They are malt distillers ; they trust to me to tell the sacks, and give an account of the corn. I was up in the granary on the 27th of Nov. I heard somebody coming up. It was our lighter-man Thomas Bennet , he had got five empty sacks, he went and put them into a binn. When I ask'd him what he was going to do; he said, he was going to lie down, and the sacks were to cover him; I had some suspicion; I look'd over the sacks in the lighter, and could not find the number of sacks there ; then I ask'd him, what he had done with the five sacks he brought up empty in the granary? said he, I have carried them to the place where I had them. I went and found these five sacks tuck'd in between two hop bags. Then I told him, I believ'd he had been doing something with four sacks of wheat. There should have been 95 quarters and a half, but when we came to tell them up, there were two quarters missing.

Thomas Bennet . I was servant to Mr. Rouse; John Cox the prisoner came to me when I was in Limekill Dock, and said, if I would let him have some sacks of wheat, he could sell them to John Pursley ; I was a yearly servant, and work'd the corn. I let him have four sacks from on board the lighter; there was nobody on board but myself, who shot the corn out of my master's sacks into four sacks of his, which he brought. He went away from me, and landed them at Elan's wharf. The next morning I saw one sack carried into Pursley's house. The corn came out of the Essex sloop.

Joseph Sweet . I am a porter. I carried the four sacks of corn, between twelve and one in the day, by order of John Cox , from Elan's wharf, to Pursley's house, and pitched them on the back side of his house where he sets his wheat, &c. he was not at home when I carried them.

Thomas Barnet . I am constable. I had a warrant to take up Pursley; on the 30th of Nov. I went to his house, and he was in the backhouse. I told him what I came for, and said, I was very sorry for it; he said he knew nothing at all of the matter, and that he never had any dealings with Cox at all. When we were before justice Hammond, he denied it a good while. At last Cox was brought to his face, who told him he bought it, and gave him 35 s. and 5 s. set off for bread; then Pursley owned it, and called Cox old rogue, and said, he would not have dealings with him again, if he might have 500 l.

John Rouse . I am lighterman to Mr. Staples and company; every lighter that is loaded, I send a note with it; and when this lighter was unloaded, there were four sacks missing. I then took up Bennet, and had him before justice Hammond; there he acknowledged, that he and Cox stole the corn, and that Cox told him he could sell it to Pursley, for he used to deal with him. I had a warrant to take up Pursley; I went to the house, and told him I had a great suspicion he had received four sacks of wheat which were stole, and that he must go before a magistrate. He said I was welcome to look all over his house; for as to Mr. Cox, he knew nothing of him: after that he said, he knew Cox as a neighbour; at first he denied he had any dealings with him, then he was ask'd, whether he thought Cox could come honestly by four sacks of wheat. He said no, he did not believe he could; then we carried him in order to go before Esq; Hammond; he was not at home; so justice Browning committed him for farther examination, and in the evening we carried him to justice Hammond, where at first he stead-fastly denied it; said Esq; Hammond, what will you say if I bring the man to your face, and he says you bought it? [ Cox was brought out of a room to him. ] Said the justice to Cox, do you know any thing of four sacks of wheat that you stole out of Mr. Rouse's lighter? yes, said he, I stole them, and sold them to Mr. Pursley. Mr. Pursley was in a rage, and said, I wonder you should serve me so: said Cox, you need not deny it; Cox said, he had received 35 s. and 5 s. in bread of Pursley; at last Pursley was very sorry, he said, for what he had done, and made a few excuses; Pursley then said, he paid him 40 s. for them, but he never saw the wheat. I have known Cox for 15 years; he was servant to a miller, and used to work his boat up and down the river; but for some time past he has been a boom-boat man, selling gin upon the river.

Q. What do you think them 16 bushels of wheat were worth at that time?

Rouse. These four sacks of wheat cost my masters 50 s. and they bought a great quantity together at Bear-key, it cost 24 s. and 6 d. per quarter, and lighteridge and other charges, makes it amount to that money. I heard Pursley say, he paid Cox for them four sacks of wheat.

Richard Staples . The price at Bear-key, at this time the wheat was stole, was 24 s. and 6 d. per quarter, and according to my own opinion, I think Mr. Pursley must know the wheat was then worth more money than he gave for it. I was by when he acknowledged he paid 40 s. for that wheat, he at first denied he had had any dealings with Cox, and at last he did acknowledge he had.

Mr. Simpson. At the time I bought this wheat, there was no wheat at Bear-key worth so little as 20 s. a quarter; except it was damaged wheat.

Cox's defence. Thomas Bennet came to my house, I was not at home; my wife sent for me, I came home, he stay'd and sup'd with me that night; he said, I must go along with him, and I should have four sacks of wheat. I went and received them, and sold them to Mr. Pursley, and I gave the porter a shilling, for carrying them to his house.

Pursley's defence. I leave it to my counsel, who call'd three persons to his character.

Both Guilty .

[Transportation. See summary.]

139. (M.) Henry Dykes , otherwise James Clark , was indicted for stealing one cloth coat, value 10 s. the property of Peter Verden : one pair of cloth breeches , the property of John Symonds , January 12 .

|| Guilty .

[Transportation. See summary.]

140, 141. Thomas Cornelius Floyd Nelson and John Powel , were indicted for receiving 9 calves skins, knowing them to be stolen , Nov. 15 . ||

Elizabeth Ambross , deposed as before.

Soloman Lewis, deposed as before.

William Lediard , as before.

See No. 93. in last Sessions-paper.

Both acq .

142. (M.) Richard Parsons , otherwise William Parsons, otherwise Richard Wilson , was indicted for that he at the assizes held at Rochester, on Monday the 6th of March, in the 22d year of his present Majesty's reign, before Sir Thomas Abney , Knt. Sir Thomas Dennison , Knt. and others, &c. was by a certain jury tried upon an indictment, for that he upon the 10th of June, in the 21st year of his present Majesty's reign, did falsely make, forge and counterfeit a certain promissory note, for the sum of 23 l. 15 s. with intent to defrand one Mary Collins widow; and also for publishing the same with the same intent; and was thereupon convicted to be hanged by the neck till he was dead; and he being recommended to our said lord the King, as a fit object of mercy, he was pardoned, upon condition of transportation for the term of his natural life; and that afterwards at the goal-delivery at Maidston, on Monday the 24th of July, in the 23d year, &c. our said lord the King did signify his pleasure, that he should be transported for the term of his natural life, to some one of his majesty's plantations, &c. pursuant to the statute, &c. and that he did pray the benefit of the King, &c. and it was allowed him; and the indictment now sets forth, that upon September the 2d, in the 24th year of his majesty's reign, he was seen at large within this realm, to wit, in the parish of Hounslow , &c. ||

[Mr. Ford's clerk produced the copy of his conviction, which was read in court.]

William Knight . It was my hand the prisoner forged, and I was present on his trial at Rochester assizes, he is the same person.

Cross examined.

Q. Did you know him before that time?

Knight. I remembered then I had seen him before, but I had no great knowledge of him.

Richard Fuller . On the beginning of last September I was in company with Mr. Best going a journey. On the road (it was on this side Turnham Green ) we overtook the prisoner; as soon as I saw his face I knew him to be the person convicted at Rochester, and who was transported for that offence. He hovered round the chaise, sometimes before and sometimes behind it in a very extraordinary manner; he attended the chaise to Hounslow, and about the middle of the town we got out of the chaise, and demanded the prisoner to surrender himself, which he did with out making any resistance at all, and declared he had no intention at that time to do any person an injury: he was taken before a justice of the peace and committed to the county goal, for returning from transportation.

Cross examined.

Q. Where did the prisoner and you meet together ?

Fuller. It was about five or six miles from Hounslow, I think it was a little on this side Turnham Green.

Q. Did he offer to molest you in any shape whatsoever?

Fuller. No, Sir, he did not, he made no attack nor any thing like it.

Q. Did he make any resistance, when you demanded him to surrender?

Fuller. No, none at all, but in a supplicating manner, desired we would not take any notice to any person we saw him in England.

Q. Did he declare what was his intention in being there?

Fuller. He said his intention in coming over was to get assistance from his friends, after which he'd return and abide there for ever, pursuant to the sentence passed upon him.

Prisoner. The offence I am charged with is a capital one, and I humbly implore your lordship would in regard to the family to which I belong, who never had a blot in their escutcheon, that your lordship would report me favourable. The remainder of my days shall be spent in making myself deserving of such mercy, and shall for ever pray for my generous benefactors. [Being told his majesty was a merciful prince, but to persons guilty of such an offence as his, mercy was very seldom extended.] He said, I should be glad to receive his majesty's mercy; and was sorry he had given occasion for his displeasure a second time.

[Death. See summary.]

143. James Thompson , was indicted for stealing a pewter pint pot, value 12 d. the property of persons unknown.

He was a second time indicted for stealing a glazier's hammer , to which he pleaded Guilty .

144. Jeremiah Sullivan , was indicted for making a false, forged and counterfeit letter of attorney, in the name of Arthur Murphy , to Sarah Brown , and for publishing the same, with intent to defraud , Sept. 11 . + .

Sarah Brown . The prisoner came to my house and desired to know, if Mrs. Sarah Brown lived there? He was answered by myself; said he, you have received some of my prize-money; said I, what is your name? Said he, Arthur Murphy ; said I, how can that be, he was lost in the ship Pembroke? Said he, I am a live man, and are here present. How came you to be alive, said I, when every soul was lost in the ship? Said he, I was saved; a ship was in distress, and 12 of us were lent out of the Pembroke, and I was one; said I, I cannot think that to be true, for when I searched the book, Arthur Murphy was mustered up to the day the ship was lost; said he, I do assure you it is true; saying, he could prove it by persons who were in the same sloop; said I, I have got an administration come from Ireland, in which John Murphy is administrator. I read it to him; he said somebody had forged it, for he had none but a half brother in the world; then I desired him to tell me his father's, mother's, and brother's names, which he did; I had them all set down on a piece of paper; he said his father's name was Jeremiah, and his mother's maiden name Eleanor Macartey ; I wrote over to Ireland, and in answer to that, I found it was a forgery. I have 27 witnesses to the certificate sent over, and they sent a letter, which Arthur Murphy had sent to his father; his father's name is John, and his mother's name Mary: He offered to make me his attorney, saying, he had as lies pay me poundage as another; he made, seal'd and delivered it to me September 11. it was filled up by my servant by his direction, in the name of Arthur Murphy ; I saw him sign it, after he and my servant John Purchas had been with my lord mayor.

Q. How came he to sign that to you?

S. Brown. I did not care to have any quarrel with him; I could not prove he was not Arthur Murphy ; so he proposed to take this power till I had time to send to Ireland to have proper instructions what to do; this was before the affidavit came over; after this he called every day, and often wanted to borrow money of me, and would ask if I had not received a letter. When I was satisfied about it, I told him what I before mistrusted was true; and I told him what was in the letter; he swore and d - d, and has brought four or five fellows of a day to use me ill, so that I could not go about my business; I shewed him the letter with the affidavits of the relations, and likewise shewed him the name who administered, who was his own brother, in answer to what he before had said, he had none but a half brother; after I found his right name was Jeremiah Sullivan , I told him I should take him up; then he arrested me in the name of Arthur Murphy , for 6 l. odd money, that I had taken of Arthur Murphy 's, for his brother John; he always took upon him to say his name was Arthur Murphy . When I took before my lord mayor, there he said the same; but after he was in the Poultry Compter, he owned his name was Jeremiah Sullivan ; this he did to me, and said, he hoped I'd be favourable to him. I have since received two letters from him, in which he calls his name Jeremiah Sullivan . [A letter produced, which he owned he wrote with his own hand.] It is read to this purport; directed to Mrs. Brown, living at Mitchel's Coffee-house, near the Navy-office.

Mrs. Brown,

Poultry Compter.

I crave your mercy a thousand times for what I have done, and I hope you will take it into consideration my being foolish to you. I will go to any part of the world; and I will make you a power to receive James Burrel 's money, that he left me for the Cape-Briton, which I have the last words that came out of his mouth in writing, and the captain knows the same to be true. Mrs. Brown, I hope you'll be favourable to me, and I'll never trouble you while I have breath in my body. Forgive me this time, and I shall always pray for you and yours; from

Jeremiah Sullivan .

The name Jeremiah Sullivan to the power of attorney was compared with this letter, and the writing agreed.

John Purchas . I am servant at the coffee-house; when the prisoner first came he brought a note from the agent, and asked for Mrs. Brown, and said, his name was Arthur Murphy , saying, she has received 6 l. 12 s. of his money, and wanted to know by what authority she received it ; she said upon an administration; I fetched this power of attorney, and fill'd it up by his order, and saw him write the name Arthur Murphy to it; I am a subscribing witness to it ; I went before my Lord Mayor, and saw him seal and deliver it. When he was with Mr. Sharp, Mr. Sharp ask'd him what his name was? he said Arthur Murphy ; he desired he'd write his name on a piece of paper, which he did, and it was carried in before my Lord Mayor, and after it was executed, it was delivered by his own hand to Mrs. Brown. It is read in court in the common from, wherein Sarah Brown is made his lawful attorney.

Dated Sept. 11, 1750, sign'd, Arthur Murphy .

Seal'd and deliver'd being first duly stamp'd in the presence of John Purchas .

John Rogers . I have known the prisoner at the bar ever since the year 46; he went then by the name of Jer. Sullivan; I never heard him go by any other name; I ship'd him by the name of Jer. Sullivan, and one Arthur Murphy at the same time on board my ship, the George and William, a merchant-ship at Leghorn at that time; I have both their hand writings in my pocket-book. I think from the time they received their month's pay advance, to the day they were pressed, was two months; they were pressed the 29th of August, by the Syron, and the Success, two twenty gun ships; I saw the prisoner about 15 months after he was pressed at the Change, he then went by the name of Sullivan.

Prisoner. What ship did I go on board after I was press'd?

Rogers. I can't say which ship the prisoner went on board; the Syron was the senior captain, but how the press'd men were disposed on, I cannot tell.

Prisoner. When I went on board the Success, Arthur Murphy went by my name, and I went by his; he ran away from his ship.

Benjamin Brabrook . I was cook on board the George and William, in the year 46. I know the prisoner at the bar, his name is Jeremiah Sullivan ; I knew Arthur Murphy on board our ship; they continued on board about two months, and then they were press'd away, by two twenty gun ships. There were six of our men press'd that day, I know not what became of them after they were carried on board the commodore.

John Radmon . I am a clerk belonging to the navy office. I have the books relating to the Pembroke here; Jeremiah Sullivan entered on board, the 7th of March 46, and left the ship the 23d of Aug. 47, at Plymouth. Arthur Murphy belonged to the ship Pembroke, at the time she was lost which was the 23d of April 49. She was one of the ships lost in the East Indies. There appears to be due to him, neat wages 27 l. 8 s. 2 d.

The administration of John Murphy , lawful brother of Arthur Murphy , late a sailor on board his majesty's ship the Pembroke, read in court; dated August 14, 1750.

Prisoner's Defence.

I went by the name of Arthur Murphy on board that ship, and going thorough the gulph we were taken. Arthur Murphy was put on board the Royal Sovereign, and ran away from the hospital.

Guilty Death .

145. 146. 147. Thomas Applegarth and Michael Soss , were indicted, for that they in a certain alley, near the king's highway, on James Spurling , Esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person, one gold watch, value 20 l. two gold seals value 30 s. one gold chain, value 40 s. the goods of the said James. And Alexander Manassah , for receiving them, knowing them to be stolen, Nov. 17 +

James Spurling . I cannot say I know the prisoners at the bar. On the night betwixt the 16th and 17th of Nov. I was going out of Mark-lane into Mincing-lane, to my own house; going into Star-alley , I met two men, and they proved to be what I feared (by their appearance) one of them I think was the evidence, there came two gentlemen out of the alley. I forgot my own safety, and when I was got about a yard into the alley; I turned back to see if they stop'd these two gentlemen, intending if they had so done, to call the watch; the two fellows met me body to body, one of them threatened me saying, if I spoke a word I was a dead man, he would blow my brains out if I moved an inch; I found my self in bad hands, so I turned back and set myself against the wall in the alley; the evidence placed himself on one side me, and the other person on the other, the evidence had a pistol and held it to my head, threatening as before mentioned. They took from me a gold watch, with a gold chain and seal to it, and I believe they took some silver, but I am not quite certain what I had in my pocket; the man on my right hand had his hand in my pocket about two minutes, he seem'd much concern'd and behav'd in so remarkable a manner, that the evidence took his pistol from my head, and levell'd it at his, and swore if he did not rifle me, he'd blow his brains out; he left half a crown and a shilling in my pocket; the evidence put his hand in my other pocket, and his finger in my sob; but he was in some concern, for he left half a guinea there ; then they order'd me down the alley, and they ran down Mark-lane : by the behaviour of the other fellow, I did think he had some knowledge of me, from his reluctance to hurt me; for my part I do recollect his face very well, but I cannot tell where I have seen him, nor who he is. As to Applegarth, I saw nothing of him, I saw but two persons; Soss seems to be about the size of the other man, (that was present) but I will not swear to him; but he took great pains to hide his face from me, but the evidence did not. There was a lamp about a yard from my face, it shone in my face, I had not an opportunity of seeing them as they might me. I make no doubt of the evidence being one, by answering every question I ask'd him. Soss denied knowing any thing of the evidence, but afterwards confessed before the justice, he was in bed with him that same night.

Mr. Spurling. I am brother to the Prosecutor, I know nothing of it, but what came out at justice Fielding's. I attended at the examination of the two prisoners. Mr. Fielding ask'd the prisosoner Soss, whether he had any acquaintance with Brown the evidence; he absolutely denied having any before he was imprisoned with him, and mentioned this particular word, (before he turned buck or stag) which was interpreted an evidence. Mr. Fielding said, he had got this cant word very readily; there happened to be a person in company, who said he remembered him formerly being an evidence. Afterwards Soss confessed, that he lay that very night the robbery was committed, in bed with the evidence, and parted with him the next day at 8 o'clock; and also there was a woman lay in the same bed with them, but he confessed nothing of the robbery.

David Brown . The two prisoners and I went out with an intent to rob; coming along Fenchurch-street we stopped at the end of Mark-lane; we saw this gentleman coming up it; there is a little alley. We ran round and stopped him; we left Applegarth at the head of the alley. He said he would look out to see if any body came. Soss and I robbed the gentleman of a gold watch, two shillings and some halfpence; I attacked him, and Soss searched his pocket; he gave me the watch as soon as he had taken it: after we had robbed him, Thomas Applegarth came running down the lane after us; we went over Tower-hill ; then we went to their lodging on the other side the water. I lay on the fore side of the bed; he and his wife were in bed, and the watch too; then Michael Soss and I came over the water the next day, and sold the watch to Minous the Jew for 5 l. 15 s. 6 d. in Duke's-place, he gave me the money at the sign of the Angel there, there was one Scampy by at the same time, he deals in the same way.

Q. to the prosecutor. What do you value the watch at?

Prosecutor. The watch, seals, and chain all together stood me in 27 l.

Witness continues. After we sold the watch, we went on the other side the water to them again; they laid in a lodging house; we laid all together; I took the money of the Jew; Soss did not desire his share of the money, but as much as would buy him some cloat hs, which he had. Applegarth had a guinea and some silver.

Applegarth. I never had a farthing of the money.

Evidence continues. He went and fetched his wife's gown out of pawn.

William Marriot . I took Michael Soss by Shoreditch church, upon the evidence of this David Lloyd , otherwise David Brown, and he seemed to take on very much. I asked him, why he did not take on so before he committed this heinous crime? I took him to a public house on the other side the bridge, there he begged and said, he would not own any thing before he came to the justice; at last he owned he received some money for a watch of esquire Spurling's, which he had a hand in taking; and he said Applegarth stood to watch, when this watch was taken, and that his wife had it all night, and said it was sold to a Jew for 5 guineas and a half, and that David Brown had a pistol of him for half a crown a night to go a robbing. Thomas Applegarth was taken the same night, that is, the 27th of December; he said with a great oath, that he did not care for never a Stag, (in his way of talking.) saying he was never in any robbery, only these things which were lost in Fenchurch-street in November, and then he had none of the money. Soss wanted to be admitted an evidence before a magistrate.

N. B. The second part will be published on Friday next the 1st of February.

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 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, and Monday the 21st of January.

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

BEING THE Second SESSIONS in the MAYORALTY of the

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

PART II. of NUMBER II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1751.

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

Q. to David Brown .

DID this Minous lend you a pistol?

Brown. He ask'd me five shillings for it, and I left half a crown in his hands, and I brought it back again the next morning and delivered it to him, and told him it was good for nothing: he told me he would go and buy me shot and powder, because I was afraid to buy such things.

Hen. Peal. I was in a public house when Applegarth was brought in; the evidence Brown sat in a box; he said, he was not afraid of what could be done to him, for he was never concerned in but one robbery, and then he had none of the money.

Applegarth's defence, I know no more of the thing than the child unborn; the evidence thought me an unfortunate man, therefore he had me put into the information.

Soss's defence. The gentleman have sworn falsely against me, and that only for the sake of the reward.

Manassah's defence. I have nothing to say; but let him bring a person to prove I paid him the money for the watch.

Applegarth guilty Death , Soss guilty Death , Manassah, acq .

148. William Lloyd , was indicted for forging a certain false and counterfeit deed called a letter of attorney; and for publishing it with intent to defraud , Dec. 6 *.

Edward Fazakerly . I had some prize-money to pay to the Swan sloop; there were 2 l. 5 s. and 3 d. due to one Thomas Picket ; I had not made up the account of this prize when he came to town, which was Jan. was two years; as it was not made out, and he going out of town, I paid him the money on his receipt, which he was to have taken up, when he came to town, and to have signed a receipt in the prize-book. On the 5th of December last I was out all the morning. I came home about one o'clock, and was inform'd, a woman had been and ask'd for me, with a power of attorney, to receive Thomas Picket 's prize-money. I was very certain, that whoever came with a power of his, it must not be a true one, and I told Mr. Cotes so, who had informed me of the woman's coming; this was on the Wednesday, and I was informed she would come again on the Monday; I did intend to take her up when she came. On the Thursday, the day following, about 11 o'clock, the prisoner at the bar came and brought me this power of attorney, which probably is the same, but I did not see the other. The power produced in court, as set forth in the indictment. Mr. Cotes being in the back-parlour, hearing me mention the Swan sloop, came out; and he and I obliged the prisoner to go into the compting-house, where we took the power of attorney out of his hand. We compared it with the receipt Mr. Picket had given me, and it did not at all resemble it; Mr. Cotes went into the back-parlour, and he brought a gentleman out, to whom, in the presence of the prisoner, he told the same I have told now. The prisoner fell down on his knees, and beg'd I would forgive him; and said, he was innocent of the thing, as to himself, and that a woman had made over this power of attorney to him, to receive it for her use ; I ask'd him, if he knew where the woman was? to which he gave me little or no answer, or what I could make nothing of, something evasive: I told him as he could not, or would not produce the woman, I was obliged to carry him before a justice of peace, and if he was innocent, he might clear himself. Mrs. Cotes came into the room to him, and he fell on his knees to her to intreat forgiveness for him. I was obliged to go into the city, so I left him to the care of Mr. Cotes, and never saw him since, till now.

The power of attorney read in Court in the common from, made to Eliz. Symonds. Sign'd Thomas Picket , sealed and delivered in the presence of Jonathan Ledgar City of Rochester, Robert Bayley , mayor.

Mr. Cotes. On Wednesday the 5th of Dec. I was told there was a woman at the door, who wanted the prize-money of a sailor belonging to the Swan-sloop of war; I order'd the person to carry her into the compting-house, and I follow'd her, when she produced the letter of attorney which Mr. Fazakerly has mention'd; I looked at the prize-list, and saw the two letters (Pd.) right against the number of the distribution sum of Thomas Picket , midshipman; and knowing Mr. Fazakerly a very exact man in his business, I declined paying the woman the money. I desired her to call again on the Monday following, when she would be sure to find Mr. Fazakerly at home.

Q. Do you think that was the same power of attorney which is now produced?

Cotes. I look'd at it several times; I do take it to be the same. Mr. Fazakerly came home about 12 at noon. I acquainted him with the circumstances which had happened; he said he imagined the letter of attorney was a forged one, for he had paid Mr. Picket the prize-money, and immediately shewed me the receipt for it. We then gave orders for the clerks in the compting-house to stop this woman if she should come again to demand the money, and on Thursday following, the prisoner came with the letter of attorney; as soon as I saw it, I immediately took the prisoner into the compting-house, and ask'd him how he came by it; he said, he had it of one Eliz. Symonds. I was called into the back-parlour about some business, and left him in the care of the clerks. I staid there some little time, when I came back again, the prisoner fell down on his knees, and beg'd I would let him go, for he said his life was in my hands: I told him the nature of his crime was of worse consequence to the community, and I thought it a duty incumbent on me to bring him to justice. I carried him before justice Ledger, where he said, he had this letter of attorney, and gave this direction to us.

For Eliz. Symonds, at the Noah's-ark near Rochester-bridge in Stroud. He told me, she was to be heard of in Ratcliff-highway ; we sent a servant to inquire after her; and we had some account of such a woman; the woman where we inquired at first denied her, but afterwards said she lived in Suffolk: I endeavoured to have taken her if I could.

Q. Did you send to the Noah's-ark?

Cotes. No, I did not, my lord.

Prisoner. Please my lord, to ask him what this woman said to him, when she went for this money ?

Cotes. She said she would come again, and that she came a good way off; but I don't remember she mentioned the country; and she also pressed me a good deal to pay the monoy.

Prisoner's defence. When Mr. Cotes brought me before the justice, he told him he was acquainted with this Mr. Picket, and now he observes he was not at the passing the receipt, neither does he know he passed it; I think that is something relating to this affair in my behalf; that he should say one thing before the justice, and another here.

Q. to Mr. Cotes. Did you say before the justice, you was acquainted with Mr. Picket?

Cotes. I never said so, my lord.

Prisoner continues. On the Thursday after the Monday that this woman was at this house, in order to receive this money, she was at the Bell in Ratcliff highway; she said she was going out of town, and had a letter of attorney in order to receive 45 shillings, and could not stay to receive it, and said she should be glad if any body would receive it for her: there was one in the house, knowing I sometimes did do these things, told me of it; I went accordingly to the house, and called for a pint of beer, and sat down by the woman, and asked her what she had to say? She said, she had a letter of attorney for 45 shillings that belonged to the Swan sloop prize money, and that she could not receive it till next day; said I, if you will trust me with it, I will return it safe to you. I gave her a note for 2 l. 2 s. to deliver to the book-keeper at the Spread Eagle in Gracechurch street, to be remitted to her at the Noah's Ark at Stroud. I went on the Thursday to the gentleman, and told him; I had a letter of attorney indorsed to me by a woman; he said, let me look at it; I shewed it him, and said, if any thing is coming to the woman, she gave me this order to receive it for her: he desired me to go into the office along with him; he examined the books, and said, he judged this letter of attorney to be forged, and said to me, you shall go before the justice of peace. Where is the woman ? I told him she was at Noah's Ark in Stroud, where I had directions to send the money; he said he'd send me to prison till I did produce the woman. I begged for liberty, in order to find her ; he said no, but I must go before the justice: the justice examined me; and I told his worship the same I do here: and now I observe in Mr. Cotes's evidence, he says I said before the justice, that this woman was to be found in Ratcliff highway ; I said I had the paper from her there. The people of the house don't know her, they know me; and if your lordship pleases, I will call the woman who keeps a green stall; she will tell what passed between this last evidence and her in that house.

Mary Gold . There came a gentleman, I don't know who he was, and asked after the prisoner at the bar; and also asked me, if I knew one Elizabeth Symonds ? I told him I did; he asked me where she was? I told him, I did not know; her name was not Symonds now; she has been twice married since.

Q. What time was this?

M. Gold. I don't know the day of the month, it was the same day the prisoner was taken up. I told him I believed she was now in Suffolk; he said she had been with him within this week past; I knew it could not be the same; I made no answer and wondered what it could be upon, and he did not tell me what he came about; only he told me, if I could find her, there was money due to her from on board a ship; that her husband died in the king's service; I said I did not know where to send to her. I have known the prisoner near two years; he always behaved well in my house; he kept good hours, and spent his money with great conduct as the neighbours tell me.

Robert Cofield . I have known the prisoner about 10 months, he always paid me very honestly for whatever I did for him.

Acquitted .

149, 150. (M.) Martha Harris , and Mary, wife of Job Watts , were indicted, the first for stealing a pair of leather breeches, value 5 s. the property of Caleb Muckson , Dec. 1 . and the other for receiving them, knowing them to be stolen .

|| Harris guilty .

Watts acquitted .

[Whipping. See summary.]

151. (M.) Sarah, wife of Benjamin Brian , was indicted for stealing one blanket, value 10 s. one copper tea-kettle, value 5 s. the goods of Alexander Robinson , in a lodging room, let by contract , by the said Alexander, Dec. 24 . ++

Guilty 10 d.

[Whipping. See summary.]

152. Henry Lloyd , was indicted for stealing one silver watch, value 2 l. 2 s. the property of Thomas Cureton, in the dwelling-house of John Luke Landon . Dec. 8 . ++

Thomas Cureton . On the 7th of Dec. about eight at night, four men came to empty the necessary house; my master lives in White-lion-yard, Spittlefields ; I sat up; between 9 and 10 o'clock my master came to me, and bid me go to bed. I pulled my watch out of my pocket, and hung it upon a nail in the kitchen, and went to bed, expecting to be called up about one, but was not called up till five; then I went into the kitchen to see for my watch, and it was gone. I went and told the person who sat up with those men, it was gone, and he said he knew who must have it; he went to the master's house of those men. We got a constable and searched, and found the watch in the hay-loft, where the prisoner and the other three men were lying. The watch was produced in court, and deposed to, the prisoner did not own to the taking it.

Thomas Mumford . I am fellow servant to the prosecutor. About 12 o'clock on the said night, my master and the others in the house went to bed, and left me to take care of these men. I was either in the kitchen, or with them all the time till about four in the morning, when they had done, at which time I had orders to give them some bread and cheese and small beer: The prisoner had been down in the vault, and he was so weak when he came out he could not stand; I gave him a dram of gin when he was washing himself; he fell down upon the stones with cold; he asked me, if I had any fire below? I told him, no: he then asked me, if he might make a little fire of hay or straw? I told him, no. I seeing him so very cold, let him go down into the kitchen, and I went with him. I had a fire there, but did not tell him so at first; I gave him some bread and cheese and small beer there; he pulled off his shoes and stood by the fire and warmed himself; the others had victuals and drink in another place. I once left the prisoner by himself there and went about ten yards; I was not absent above half a minute or a minute; then the prisoner came from the fire on his own accord, and in a few minutes after they all went away. I thought nothing about the watch; I sat down about an hour, and then I went and called the prosecutor up, and went to bed myself; he went down, and in a few minutes came up again, and asked me after his watch, saying, he could not find it; said I, I am positive who must have it if it is gone, for none but the prisoner had been in the kitchen. I knowing where one of them lived, I went and told him the case, and he and I went together to the prisoner in the hay-loft, where were two or three along with him; the people were up in the stable with their horses; the man went up and said something to them, and came and called me; then I went up; I told the prisoner there was a watch gone, and he must have it; he seemed to be very far from owning it; I gave orders to two or three of the men to see he did not go away till I got a warrant and a constable; we returned and searched the hay-loft, and Jonathan Turner found the watch, so we took the prisoner and had him committed.

Jonathan Turner . I went up with the persons to search, and I found the watch between two trusses of hay, in Mr. Pocock's hay lost.

Prisoner's Defence.

There were five of us at work together in emptying the vault; I was in the vault when they went to eat bread and cheese; they went into the kitchen, and he was up stairs a quarter of an hour; and as soon as we had eat our bread and cheese, we went all home and lay in the hay-loft.

To his Character.

Samuel Williams . I have known the prisoner about two years, he is a near relation of my wife's; he came up out of the country, and was some time with me. I never heard any thing ill of him before.

Acquitted .

153. (M.) Daniel Davise , was indicted for that he on the king's highway, on Thomas Linter did make an assault; putting him in corporal fear and danger of his life, one hat and one perriwig, value 1 s. 6 d. and one piece of cloth call'd a cuff of a coat, did steal, take and carry away , Jan. 2 . ++

Thomas Linter . I live in Bell-alley, Goswell-street. On the 2d. of this month I had been along with one Jane Easie to see after her husband; I went from the Red Bull in Long-lane to the Coach and Horses in Gray's-inn-lane Holborn, then to Field-lane, then to the Castle at the end of Chick-lane ; we had two pints of two-peny; coming from the Castle, the prisoner met us at the end of Black-boy-alley in Chick-lane ; he came directly up to me, and said, d - n your blood, what do you do with my wife? Before I could make him an answer, he struck me with his fist a blow on the side of my face.

Q. What time of the night was this?

Linter. It was about 11 o'clock, my lord; then he struck me another blow under my ear, which fell'd me to the ground. I was striving to get up again, and with his left hand he took hold on the cuff of my coat and gave me another blow, tore off the cuff of my coat, and snatched off my hat and wig; he turned to the woman, and said, d - n you, you are but a woman, I'll not strike you, then he ran away; I cried as loud as I could; he was pursued and taken with the things upon him.

Q. Did he demand your money?

Linter. No, my lord, he did not.

Q. Did you ever see him before?

Linter. Not to my knowledge, my lord.

Q. Was it light or dark?

Linter. It was a very moonlight night, and there was a lamp over a door near us; I knew him directly when I went to the Compter to see him: there were about a dozen called to the door, and I knew him from the rest.

Jane Easie . I was looking for my husband, and coming home along with Mr. Linter about 11 o'clock at night up Chick-lane, the prisoner came to us, and said to Mr. Linter, d - n you, what do you do with my wife? Mr. Linter made answer and said, you scoundrel what is the matter with you; the prisoner knocked him down directly, I saw nothing in his hand.

Q. Are you sure it was the prisoner?

J. Easie. I am sure, my lord, it was him. Mr. Linter got up again, and the prisoner knocked him down again, and took his hat and wig from his head, and tore off the cuff of his coat and ran away. I cried out stop thief, and murder! he turned round to me, and said, d - n you, I will not strike a woman. He ran away, then I saw Mr. Linter's face was all over bloody.

Q. Did Mr. Linter strike him?

J. Easie. No, he did not, he fell down between two bulks.

Q. Did the prisoner demand his money?

J. Easie. I did not hear him demand any.

Ahra Atterbury. On the 2d of this month, a little after eleven o'clock, I was going into Cow-lane, I heard a voice cry, stop thief; I saw the prisoner run by, and a person at some distance after him ; I saw nobody else. I immediately ran after the prisoner, and overtook him; just before I overtook him he turned his head about, and said d - n your eyes, I'll d o for you; I laid hold on him and secured him: then the person behind came up, and told me, he had stop'd him twice in Smithfield, and once endeavoured to take his stick out of his hand. I took him to the watch-house, and when the constable searched him, he found a hat, wig, a cuff of a coat, and a pair of buckles upon him; the prisoner said he bought the buckles in the New-market, but we inquired at the place he said, and found it was not so. The things produced in court, excepting the buckles, the prosecutor deposed to.

Mr. Gillet. The prisoner was brought to the watch house, the 2d of this month, betwixt 11 and 12 at night; and charged with assaulting a man in Smithfield; he had a hat in his hand, and another on his head. I ordered him to be searched, we found this wig and cuff of a coat in his pocket, he was in a great many stories about the hat and wig. We had him before the alderman, and he was committed; we had the things advertized, and the prosecutor came and described the hat and wig, and cuff of the coat, before he saw them, the latter was compared with the coat and it agreed.

Prisoner's Defence.

On the 2d of this month about 2 at noon I left work in order to go to dinner, from my master's shop in Goswell-street, into the New-market to the sign of the Cooper's-arms ; I staid there the best part of the afternoon. Meeting with two or three young fellows, they inveigled me to stay there till 8 o'clock; after that I took a walk and bought a pair of buckles, and about half an hour after 9 I went up Field-lane; I went home, my master was gone out, I desired my mistress to let me have three halfpence; I went to the New-market again, and had a pint of beer; about this time it was a 11 o'clock; as I was coming up Field-lane, I saw two men going to fight; there were three or four other men there; one of the men came to me, and desired I would hold his hat and wig, saying he'd fight the other. I took hold of them, a mob arose, and the two men went to fighting; and after that, I saw no more of the one or the other. I walk'd up and down the lane for three quarters of an hour. I went into a publick house, and had a pot of beer, having three half-pence, I did not know of before in my pocket. After that I had a halfpennyworth of cheshire cheese to some bread I had in my pocket. Coming up the lane again to see if any body had ask'd for the hat and wig, to let them have it. I can bring people to-morrow to prove me an innocent fellow; I have a very good trade and have no occasion to be tempted to such things.

Guilty Death .

154. 156. (M.) Thomas Clements and Anthony Westley , were, the first a fourth time, the second, a third time indicted, for breaking and entering the dwelling house of Richard Wolley , August the 4th , about two in the morning, and stealing one silver milk-pot, ten linen shirts, value 10 s. two silk handkerchiefs, value 2 s. the property of the said Richard. ++

James Bisben . The two Prisoners and I lived with one Sarah Merrits , in Blue-anchor alley; one day we saw a ladder over in a man's yard, in that alley, we considered it would serve our turns to get into some window by, and about 12 at night we set out with an intent to get into Mrs. Boldridge's a pawnbroker, at a one pair of stairs window; we got the ladder, and carried it there, but could not get in.

Q. Who carried the ladder?

Bisben. Clements did. At a room at the sign of the Shears, an alehouse very near where we lived, there was a light, in a one pair of stairs room; Clements said he had a mind to go in there, so we all consented to it.

Q. What time of the night was this?

Bisben. This was after one o'clock. We set the ladder against the wall, and Clements went up first, lifted up the sash, and went in; I went up after him and stood on the top of the ladder; Westley stood under the window, there was a bed in the room, and a woman asleep in it; Clements went on the other side of the bed, and brought 131 shirts, and gave them into my hands. I let them fall and Westley did not catch them, but they fell to the ground. There were two silk handkerchiefs hung on the back of a chair on my left hand; I took them, and we went down as fast as we could. I went away as fast as I could by Bunhill-row. They told me they took away the ladder, and put it where they had it; I met them in about 10 minutes time at the end of the court; they brought the shirts between them; we thought we should be found out if we staid there till morning, so we took the things away to Gravel lane, Hounsditch, to one Mrs. Roach who sold them for us, she brought us 15 s. for 12 of them; Thomas Clements allowed us two shillings for one, and put it on his back, and we gave the woman one shillings for selling them; we had 4 s. and 8 d. each for them. Then Clements gave us eight-pence each, out of this.

Richard Wolley . I live at the sign of the Shears, in Blue-anchor alley. The 4th of August, about two in the morning, somebody got in at a sash-window, up one pair of stairs. I never saw the prisoners before they were taken.

Q. What did you lose?

Wolley. I cannot say how many shirts, ten if no more; a silver milk-pot, two silk handkerchiefs. The evidence sent for me to come to him in Bridewell, but I heard him say but little there; I was too late.

Q. Did you ever see any of your things again?

Wolley. No, my lord, Clements told me in Newgate, the milk-pot was sold to a Jew that was transported. My mother in law, and a child that had the small-pox, lay in that room that night.

Dorothy Lawley . I was at my son's house about one o'clock in that very room. I set a lamp burning on the slap of the stove, on the account of the child having the small-pox. I was asleep, and when I awaked, I heard something; I looked up, and saw the sash up, and the prisoner Clements with one hand on one side the sash, and the other on the other side, with his face looking into the room, going as if he was upon a ladder. I saw his face very plain, I am very sure it was he: I said to him, you dog, what are you coming into bed to me? when I saw him go down from the window, I ran to the sash and pull'd it down.

Q. Are you sure that sash was not up when you went to bed?

Lawley. I am very certain it was not; it had not been up for seven days, because of the child being ill; then I ran into the maid's room and call'd her; and by that time my son was got up : we searched, and then missed the things mentioned. I can swear to ten shirts being lost.

Q. Did you ever see Clements before this time?

D. Lawley. I don't remember I ever did, my lord.

Q. Were your Curtains drawn?

D. Lawley. My bed had a half teaster, and it stood so, that as I lay, I saw the window; the feet of the bed was towards the window, I never draw my curtains.

Samuel Philipson . On this day 7'night I was at justice Fielding's, when the two prisoners were brought there, Clements beg'd to be admitted an evidence. We spoke to Mr. Fielding, and he said, he had admitted the other. Westley cried and begged the same, and said, Clements had got one of the shirts on his back, which were taken out of this house. So I went and took hold of it, and said, Clements, is this one of the shirts you took out of the house? He said, yes.

Clement's Defence.

I was not concerned in it.

Westley's Defence.

These men took me in Moorfields, and had me to Clerkenwel Bridewel, and kept me there from Monday till Friday, then they carried me before the justice.

Both guilty Death .

157. Richard Murphy , was indicted for that he on the king's highway, on John Bates did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one hat, value 4 s. the property of the said John, Dec. 26 *.

Acquitted .

He was a second time indicted for robbing Mary, wife to John Bates , of a silk handkerchief, value 2 s. the property of the said John, Dec. 26.*

Acquitted .

158. (M.) Edward Smith , was indicted for that he, April the 8th , about the hour of two in the night, the dwelling house of George Pearson did break and enter, and stealing out thence nine dozen pair of woollen stockings , the goods of the said George Pearson.*

George Pearson. In the night, between the 8th and 9th of last April, we went to bed, and had a large parcel of stockings lay in a one pair of stairs chamber near a window, I being at that time pretty full of goods, had not a conveniency to lay them elsewhere. In the morning when I got up the sash was open, and the greatest part of the stockings gone. We have shutters to the windows, but there were so many goods lay there, we could not conveniently get to shut them up, and my wife and I lay in the next room. We went to bed about 10 o'clock, and went through the room and all was safe then.

William Hatton . Moses Wright , Edward Smith , the prisoner, Charles Cross and I made a bargain to go to Mr. Pearson's house to rob it: about the hour of two in the morning, about nine or ten months ago. Smith and Wright lifted Charles Cross up to the window; he lifted up the sash and got in and handed out about 9 dozen of stocking we carried them into Plough-court to the prisoner's house, and sold them to Samuel Cordosa value for 4 l. 10 s. but the prisoner and Cross brought us but 3 l. 10 s. which was equally divided amongst us. Moses Wright and I staid at home.

Elizabeth Cross . My husband Charles Cross happened to go out along with these people, about nine o'clock on Sunday the 8th of April, and bid me come up to Edward Smith 's house on the Monday morning; his wife opened two closet doors, the closet were both full of stockings; my husband and Smith went to Duke's place to see if they could sell them; they were in two sacks; they sold them for 4 l. 10 s. and brought but 3 l. 10 s. to the others; they would have given me a pair but I would not wear them. They said they got them out of a house over-against Grub-street at a stocking shop.

Prosecutor. My house is as this witness has described.

Guilty Death .

See No. 442. in the mayoralty of John Blachford , Esq; also 152, 583, 184.

159. (M.) Hannah Spires , spinster , was indicted on the coroner's inquisition, for the murder of her bastard child , Dec. 9 *

Susannah Cooney . The prisoner lived servant with me. On the 8th of last month, about 8 o' clock in the morning, I heard the prisoner groan; she had complained of the tooth-ach before; I thought she had it again; she lay in the yard upon the stones: I went to her she said she was very bad; I asked her, if she was with child? She said no; I desired her to get up, she would not; said I if you will not go into the kitchen, go up into the one pair of stairs room and lie down on that bed; she did. I sent the girl up to her to see if she would have any breakfast, she said she could not eat any thing. After dinner I went up to her, and said, she must have something to eat or she would be worse; I made her some panado and carried it up: after that I sent the girl up, who gave her some more; and in the evening between 6 and 7 o'clock my husband and I went to a neighbour's house; when we came back, I sent the girl up to know if she would not come down; she sent word she would not come down that night; I went up, and when I came there I saw something I did not like. I thought to myself there must be a child born, I took up a corner of the bed, and under that was a child. I called her murdering slut, or something like it ; she made no answer, I drove her down stairs to her own bed, which was in the kitchen.

Q. Have you had children?

S. Cooney. Yes, I have. This child seemed to be at its full growth, but I did not examine its nails, my lord.

Q. Had she made any provision for it?

S. Cooney. She did say she had things at her mother's for it.

Q. Did there appear any wounds or marks on the body?

S. Cooney. No, there did not, my lord, or any settling of blood.

John Cooney confirmed the testimony of his wife.

Sarah Bull . I live servant in this family. After my master and mistress were gone out, in the evening I went up to see how she did, and carried her some panado, she drank it; when my mistress came home she went up and made her come down stairs; then my mistress ordered me to bring a candle, and there was a child wrapped up in two cloths, one round the head, the other round the body.

Mary Rogers . I am a midwife. About half an hour after 10 that evening I was called out of my bed to this house; there sat the prisoner in a chair by the fire; I went to look at the child; there were all things together that should come into the world. It is my opinion the child was stagnated in the birth for want of help. When I came to clean it, there were no marks of violence upon it; the child was at its full growth, nails and every thing.

James Atkinson . I am an apothecary. The child was carried to Shoreditch workhouse; there I viewed the body, I found no marks of violence upon it; I apprehend the child might be suffocated either in the birth or afterwards; but I am apt to think it was born alive, because there were settlings of blood interspersed all about the body.

Q. Could it breath and yet be suffocated in the birth?

Atkinson. Yes, my lord, it might.

Eliz. Spires. The prisoner is my husband's daughter; she had some childbed linen at my house in her box; she had been at my house about a week before. I took the things out of the box. They were produced in court.

Acquitted .

190. (M.) Mary, wife of Thomas Godson , was indicted for stealing one bolster, two pillows, one looking glass, one china tea-pot, one blanket, four china bed curtains, and other things , the goods of Mary Bunch widow , January 11 . ||

Guilty 10 d.

[Whipping. See summary.]

161. (M.) John Masterson , was indicted for stealing 30 pounds weight of tabacco, value 20 s. the goods of persons unknown, Dec. 26 . ||

James Penprice . Last Wednesday was fortnight I was at King James's stairs with Mr. Crawford; betwixt five and six o'clock in the evening I saw the prisoner at the bar with this parcel; I took hold on it, and said to him, what have you got here? My bed, said he; I said, I believed it was tobacco; he said, it is, and he had it of a cabin boy, belonging to the ship called the Thomas; I knew she had been cleared some time. Before the alderman he said, it belonged to one Stevens; after that he said, he was only employed as a porter to carry it into the Minories, but could not tell the house; the bag and all weighs 37 pounds; it is all stripped, and it is worth 8 d. per pound. The prisoner is a lumper .

Henry Crawford confirmed the same account.

Prisoner's Defence.

I have witnesses ; I was employed to carry it for a woman as a porter.

Andrew Smith . I lodged in the house at the same time I saw the prisoner go out of the house with the woman; he went to carry it for her; the goods belong to one William Stevenson ; she came back again and said, they were stop'd in about 10 minutes time after they went out; they went away the next day to another lodging, and their neighbours and friends took care of their things.

Robert Hutcherson . I was sent for by the prisoner at the bar to say he was a porter. I believe he is an honest inoffensive fellow.

Guilty 10 d.

[Transportation. See summary.]

162. (L.) Peter Love , otherwise Lloyd , was indicted for stealing 56 pounds weight of sugar , the property of David Day , January 7 .*

Samuel Mills . I saw the prisoner come down my master's stairs January the 7th, with a bag of sugar on his back, about two in the afternoon.

Q. Who is your master?

Mills. David Day , my lord; I took him under the gateway, and asked him what he had got in his bag; he drop'd the bag and run away; I pursued and took him, and brought him back to the compting-house : he told me he got this sugar up three pair of stairs, in a place called little ease, there was a hogshead broken up. I compared the sugar that he had with that and it agreed; he was carried before an alderman and committed.

James Emerson . I am constable. I was charged with the prisoner, he owned the fact to me.

Prisoner's Defence.

I was hired as a porter , and this man came and took the sugar off my back; I was then in liquor, and did not then know what it was, and I drop'd it and went to go away, and they cry'd stop thief, and brought me back.

Guilty .

[Transportation. See summary.]

163. (L.) Thomas Hayes , was indicted for stealing two pounds weight of tobacco, value 12 d. the property of persons unknown, Jan. 4 .*

William Cawley . On the 4th of January, about two in the afternoon, I saw the prisoner with this tobacco in his hand and he put it under his coat; I suspected he had stole it; I had before seen him lurking about picking at the hogsheads: when I laid hold of him, he said, he saw other people take it, and he might as well take it as other people.

James Emerson . I was charged with the prisoner, he owned the fact to me; that he took the tobacco out of a hogshead, the head of which was off.

Prisoner. I have nothing to say.

Guilty .

[Transportation. See summary.]

164. (L.) William Harris , was indicted for stealing one pounds and three quarters of tobacco, value 10 d. the property of John and Caple Hambury , December 11 .*

James Emerson . I took the prisoner with this tobacco upon him, on the 11th of December. I saw him take it at several times out of a hogshead; there was no other hogsheads near, but those of John and Caple Hambury's. I know the prisoner to be a common pilferer on the keys.

Guilty .

[Transportation. See summary.]

165. Thomas Cunningham , was indicted for stealing one pound and a half weight of tobacco, value 10 d. the property of John and Caple Hambury , January 1 .*

William Cawley . I am employed by Mrs. John and Caple Hambury, to see that nobody pilfers on the keys, &c. On the 1st of January we were weighing near 100 hogsheads of tobacco for exportation. We had some that were weighed and made fast by the Cooper, and were roll'd a distance from the scale, where we were weighing. I saw the prisoner at the bar pull several times out of a hogshead, after it was weigh'd; I seiz'd him and found some in his bosom, some in his breeches and some in his pockets; in all about a pound and half; he has been a common pilferer, and very troublesom by the waterside.

Guilty .

[Transportation. See summary.]

166, 167. Lamb Jones and Stephen Gale , were indicted for stealing two bushels of Coals, value 2 s. the goods of Robert French , December 31 *.

Robert French. On Dec. 31, between 8 and 9 o'clock, Stephen Gale was brought to my house by Mr. Hort, who can give the court an account of what they were doing.

John Hort . On the 31st of December, between 8 and 9 o'clock in the evening, I was going to my stable near Fleet-ditch, I observed the two prisoners going down to the water side with a sack; I saw them come back and look at me several times. I saw them go into a lighter and fill the sack; when they came upon the gunnel of the lighter, I said, who is there? They did not speak; they were about to bring them to shore with a rope; then I asked a second time, who was there? Stephen Gall answered me, and said, he hoped I'd forgive him. I took them part of the way to the prosecutor who owns the coals, then Lamb Jones made his escape, but he was taken again and brought back.

Both guilty .

[Transportation. See summary.]

168, 169. (L.) John Cook , and John Patten , were indicted for ripping 40 pounds weight of lead, value 5 s. the property of Benjamin Crook , with an intent to steal , Dec. 25 .*

William Hudson . About two o'clock in the morning, on the 20th of December, as I was getting up, I saw one of the prisoners upon the leads on the Fleet-market-house ; I heard a pane of glass break; I called to the watchman, and told him there were thieves; the watchman lent me his staff, and William Cooke and I got up upon the leads; we both tumbled over some lead that lay there unrip'd rolled up; at the farther end I saw the prisoner Cook; I hit him a knock and he tumbled off the market-house. Patten lay, after the other was down, near where the other did; I hit him, then Cooke laid hold on him.

Benjamin Crook . I rent this market-house of the city by lease for 21 years from Midsummer last, there are 36 different shops, the tenants have no interest in it.

William Cooke . I was talking to the watchman at the corner of Harp-alley, about two o'clock this morning, the former witness called out watch; I got up upon the market-house along with him; he tumbled over the lead first, and I upon him; we went from one end of the market-house to the other; after that the lanthorn was handed up to me; when we came over-against the Wheat-sheaf, William Hudson espied Cook out, and with the staff knocked him off the market-house. I seized the other and we handed him down; then I took the lead, it was doubled up, and after that I found a knife and an old chisel there.

Edward Slade . I am a watchman. About two in the morning we were talking about thieves in the market; saying, I wondered we could never hear them. I heard the word, there were thieves there then. Then Hudson and Cooke both got up, and I gave Hudson my staff; just by the dial they met with the two prisoners, one they knocked down, the other they handed down; I took care of them: they would not tell the constable who they were, or where they were going to. The next day they were brought to Guild-hall, then they formed a story, that they got up for a hat.

Cooke's Defence.

Patten took my hat and cap from off my head, and threw it on the Fleet-market-house ; I found my cap, but could not find my hat; then there was a butcher's boy called out, there was somebody on the market-house.

Patten's Defence.

I happened to throw his hat and cap up; then he threw mine up; said I, will not you be so good as to get up and fetch it? and I gave him a hoist up ; then I asked him, if he would not throw it down? Said he, no, you shall get up for yours, as well as I for mine. We did not know what to do with the lead if we had got it.

To Cook's character.

Sarah Cranfield . I have known John Cook about nine years. I never heard any harm of him in my life; he has lived with me six or seven years. I have trusted him with a pretty deal of value. I have sent him out with a load of cheese, and other things; I have sent him with other persons, when I did not care to trust them. I would now trust him as soon as any body I know.

Both guilty .

[Transportation. See summary.]

170. (L.) Thomas Burnell , was indicted for stealing a linen handkerchief, value 15 d. the property of George Bowles , privately from his person , Dec. 22 .*

George Bowles. The prisoner picked my pocket of a linen handkerchief, on the 22d of December at the Royal Exchange. I did not see him or know any thing of it till a gentleman's coachman who saw him, informed me of it. Then I felt for my handkerchief, and it was gone. This is the handkerchief. Producing it.

Prisoner. Did he not drop his handkerchief by accident?

Bowles. No, not as I know of, my lord.

William Dutton . I saw the young gentleman with the corner of this handkerchief hanging out of his pocket, looking at a show-glass at a picture shop, where there were little cuts; after that the prisoner came up to him, seeing the handkerchief ; he covered him with his body and stoop'd down, and made a motion to pick his pocket, but did not at that time; the young lad removed from that window and look'd at another, then the prisoner removed after him and stoop'd down over him again, and pick'd his pocket. I saw it all; then the prisoner went a little farther off, and I went and stop'd him; then I called to the young lad, and asked him if he had not lost his handkerchief? he said no; I said feel in your pockets, he did and then said he had. Then I asked him if this was his? he said it was.

Prisoner. That witness saw me pick it up, and he would have it himself, and I would not let him.

Dutton. My lord, I saw him take it out of the young gentlemen's pocket.

Prisoner. Bringing me to Newgate he asked me, if I had any money about me? if I would give him some, he would not prosecute.

Dutton. I ask'd him if he had any money in his pocket? he said no; so I gave him a penny, that is all I know.

Guilty 10 d.

[Transportation. See summary.]

171. Ann, wife of Thomas Courdon , was indicted for stealing one pair of Bellows, value 2 s. one brass saucepan, val. 6 d. the goods of John Ward , Dec. 8 . +

Guilty 10 d.

[Whipping. See summary.]

172. (M.) Ann Wright , spinster , was indicted for stealing one woollen coverlid, value 2 s. two blankets, one linen sheet , the goods of Aaron Arnot , Jan. 7 . +

Guilty 10 d.

[Whipping. See summary.]

173. William Davis , (M.) was indicted for stealing one grey gelding , value 3 l. the property of John Southal , Jan. 2 . +

John Southal . I live near Rumsey in Hampshire ; on New years day at night I sent my son out to give the horses some hay, about 10'clock the dog bark'd, I said somebody is about the house; I desired my son to get up, he did; this was about one o'clock; the horse was gone.

Q. Did you know the prisoner before?

Southal. Yes, my lord. I did, his father lives about a mile off from me: this horse had but half a shoe on one of his feet behind; we went out the next morning to see for him about 9 o'clock. I track'd him out through a hurdle, and up a little lane, to a gentleman's wood, and so to a place called Broughton ; when we came there, we traced the half shoe again, and other horses with him, till we came almost to Stone; then we met a road waggoner, and inquired of him, if he met any such horse? I did, he said; said he, you are a long way behind: said I, how far may he be got? said he, as far as Basingstoke, and there were with him a black horse with a hog-mane; then I did not try to track him till I came to Basingstoke ; and I inquired there, whether any body had seen such a horse go by? we were told there was; so we came along for London road: we kept on all night; when we came out into a lane, we met another road waggon about two in the morning, We asked him, he told us he had seen such a horse, saying it was a grey one, about the size of his own, which mine was. Said he, I met him as far off as Blackwater. We kept along all night, and the next morning happened to be very wet, they had put in their horses, and we got before them at Hounslow turnpike. The turnpike man told us no such men were gone by, for we had them described to us before; I said remember if you can, he said indeed he did not remember any such going by; I looked out at his door, and said I think they be coming, and so it was. I peep'd out at the door, when the prisoner came up on my horse; I said, how didst thou come here? I am got here before you; there was another fellow on horseback behind him, he ran down street, and into a gentleman's garden. I ran after and catch'd him; he appeared to be a man he had taken up to carry on the road for a mug or two of drink. The other man on the black horse rode back as hard as he could, we could not catch him, he had a woman behind him, and he threw her down into a pond; she appeared to be wife to the other man, coming to London.

Said I to the prisoner, how came you by this horse? said he, he had been in a pound, and was brought to me; I took him to a justice near there; the justice ask'd him where he was going; said he, to service: said the justice, how much money hast thou in thy pocket? said he, but six-pence; said the justice, thou settest out very empty; the saddle was mine.

Solomon Southal . I was at my father's house at this time. My father went to bed this night, and I set up with my brother; my younger brother went to serve the horses about 10 o'clock. I was with him with the horses, there were this little grey one and two others, after that we went to bed about one o'clock; the dog barked, I and my brother got up again; we missed this horse out of the stable; the stable door stood open, and one of the other horses was out. We hunted about the garden, but could not find the little horse; and in the morning, we got up and went out at a little back hurdle, where we tracked him; there was a half shoe missing on his near foot behind; the ground being soft where he went out, we could track him along a lane, and by a wood and a back by way, away to Broughton to the Champway ; then we could do nothing till we got up into the fields; there we could track him again out at a hurdle; we went through Stockbridge, there we could do nothing. When we got into the field, there we could track the half shoe again; but when we got to Stone, there we supposed he slung that half shoe, for it seemed to be barefooted. Just before we came to Stone, we met a road waggoner, who told us he met them just on this side Basingstoke: saying there were two fellows, and two horses; one a black horse, a hog-mane, and short cut tail, the other a grey horse. We came on in London road to Brentford ; the moon shone very bright when we came there; when we passed the turnpike, said I, I'll step back and ask this man if he has let any such men through; I did, said he, to the best of my knowledge I have not, in about a minute I saw something like them: my father had got a little hedge stake, and jumped out of the house and hit the prisoner; and I jumped out and ran on the other side the horse; the prisoner had a man behind him; he was surprised and slip'd off the rump of the horse, and ran through the turnpike gate as fast as he could, and my father ran after him; the other man, he had got this man's wife behind him; he pushed her off, and said, I must go back, I have forgot something; I tied the prisoner's hands together and took him to a publick house, and gave him a mug or two of beer, then had him before a justice; the justice asked him how he came by this horse? he said, he was brought to him; said the justice, I think thou hadst very good friends; whither art thou going? he could not tell, then after that he said, he was going to service; the justice ask'd him, how much money he had in his pocket? he said, he had but six pence; he told him, that was but little money to go with, to enter into a service at London.

Prisoner's Defence.

I never was in the stable in my life; the man's kinsman John Rug brought the horse to me.

Q. to John Southal . Have you a kinsman of that name?

Southal. Yes, my lord, I have; I am his uncle.

Q. Did you give him orders to let the prisoner have this horse?

Southal. No, my lord, I never did.

Q. When did you see him?

Southal. I have not seen him this never hardly.

Q. Did he live with you?

Southal. No, my lord, I live in Hampshire, and he lives in Somersetshire.

Q. Do you think that was your kinsman Rug, who rode back in such haste when you took the prisoner?

Southal. I don't know, my lord, but it was.

Q. Do you think it was?

Southal. I did not see his face, but by his back part it was like him.

Q. to Solomon Southal . Do you believe that man was, or was not your kinsman?

Southal. My lord, I do believe it was; by all the descriptions we had of him it was.

Acquitted .

174. (M.) Mary Adams , Widow , was indicted for stealing two linen gowns, val. 1 s . the goods of Mary Wills , Widow , Dec. 24 . +

Mary Wills . As I was going up stairs to bed on Christmas Eve, I met the prisoner on the stairs with the things in her lap. She had been in my room and opened two drawers.

Ann Clements . I am servant to the prosecutrix; I saw my mistress take the things from her; these are my mistress's property.

Prisoner's defence.

I have nothing to say for my self.

Guilty 10 d.

[Whipping. See summary.]

175. Ann Parker , spinster , was indicted for stealing two guineas, the money of Peter Crosby , in the dwelling-house of the said Peter , Jan. 12 . +

Acquitted .

176. (M.) Charles Steward , was indicted for stealing one piece of silk, one silk gown, two gowns silk and cotton, 26 muslin handkerchiefs, four lawn aprons, 16 pair of silk stockings, one dimity short sack, 15 napkins, and other things, the goods of Dominick Scletick , in the dwelling-house of John Mallows , Dec. 20 . ++

Acquit .

177. (M.) William Reynolds , was indicted for stealing one hat, value 12 d. one wig, value 10 s. the goods of John Pain , Jan 2 . ++

John Pain . I live at the rising Sun and tobacco-roll in Fashion-street . On the 2d of Jan. my brother brought me home a new wig, my master paid the money for it, and carried it into the inward room, there were three or four gentlemen drinking there at that time; the wig was put on the table; this Reynolds the prisoner was in the room to wait upon the gentlemen, and about half an hour after they were gone, the prisoner went away; and in about half an hour after that, I missed my wig; the box was there in the room. We suspected he had the wig, we took him up upon suspicion; we taxed him with it, and he denied it, and just as he was committed he confessed it.

Prisoner. I will not give the court any trouble, I did do it; I am 55 years of age, and I never was before a court in such a case in all my life before. I was in liquor.

Guilty 10 d.

[Whipping. See summary.]

178. (M.) Ann English , spinster , was indicted for stealing one sattin gown, one pair of stays and half a guinea in gold , the property of John Wood , Jan. 5 . ++

Acquitted .

179. (L.) John Hughs , was indicted for that he in a certain alley, or open place, near the king's high-way, on William Lawrance did make an assault; putting him in bodily fear and danger of his life, one hat value one shilling, from his person did steal, take and carry away , Dec. 27 . ++

William Lawrance . I live at Old Windsor, in the great park; when I am in town I always lodge at the Four bells in shoe-lane. I was coming from the Blue-coat hospital on the 27th of December, to Shoe-lane, where I lodge, about 12 at night; I was got about two pole out of the market, going up Harp-alley ; I received a blow on the back of my head, and made me bite my tongue; I turned myself about and put my hand up to my head, he struck me two blows more; and as my hand was up, he snatched my hat from between my hand and my head, and I saw him go out of the alley with it.

Q. Did the prisoner say any thing to you?

Lawrance. No, not a word, my lord.

Q. Which way did he go?

Lawrance. Into Fleet-market; I cried, stop thief ! he ran up the market towards Ludgate-hill, and a man stop'd him.

Q. What is his name that stop'd him?

Lawrance. His name is Thomas Lingard ; the prisoner was in my sight all the time.

Q. Was it light or dark?

Lawrance. It was a moon-light night, my lord.

Q. Are you certain the prisoner is the man?

Lawrance. I looked him full in the face, when he turned about, and I am very sure of him, he was carried to the watch-house.

Q. Did you ever see your hat again?

Lawrance. I know nothing what became of it, it was not upon him when he was taken.

Q. Was you sobe r at this time?

Lawrance. I was very sober, my lord.

Q. What did he strike you with?

Lawrance. With his fist I suppose, my lord.

Q. Did you ever see the prisoner before?

Lawrance. Not to my knowledge.

Thomas Lingard . Two days after Christmas-day, near 12 o'clock at night, I had just come out of an alehouse, the King's arms in the Fleet-market; I met the prisoner in the market coming from Harp-alley, and a little boy with him; the prisoner said to the boy, d - n you run, or else we are taken. I saw the prosecutor after him, calling stop thief! he got a head of the boy.

Q. How far was you off of Harp-alley when you saw the prisoner first?

Lingard. About 12 or 14 yards. I saw him come out of the alley; I was in the middle of the market going towards Harp-alley; the prisoner and prosecutor were both running. I overtook the prisoner and the boy; I believe the boy was about eight or nine yards from the prisoner: when they ran by the prison gate, I ran down near the side of the market houses; when he saw I crossed upon him; he turned round and stop'd; said he, what do you want with me? Said I, you have robb'd the man, and you shall go to him.

Q. How far did he run in the market?

Lingard. I followed him about 100 yards or better; I overtook him just on the top of the market the prosecutor was just after me; said he, when I had took hold of the prisoner, I am robb'd; said I, do you know the man? Said he, I have lost my hat, and this is the man that robbed me of it.

Q. What did the prisoner say?

Lingard. He said nothing for himself.

Q. Was the boy taken?

Lingard. He was, but the man that took him is not here. The alderman cleared the boy, because the prosecutor could not say any thing against him.

Q. Had the prisoner e'er a hat in his hand when you took him?

Lingard. He had not, the prosecutor was without a hat.

Thomas Plaster . I was constable for the night. The prisoner was brought to me at the watch-house for robbing Mr. Lawrance of a hat; there was a boy about 14 years of age brought with him; the prisoner and Mr. Lawrance said, they knew nothing of the boy. Lawrance said, the boy was with the prisoner, when he robbed him of his hat; I asked the prisoner how he came to run? He said, he run because somebody cried out stop thief! I sent the prisoner to the Compter and the boy to Bridewell.

Q. Was the prosecutor sober?

Plaster. He was very sober, as he is now?

Q. to Mr. Lawrance. Did you see a boy when you was robbed?

Lawrance. There was a boy, he went out at the end of the alley with the prisoner; they ran both together.

Prisoner's Defence.

I came over from Boston in New England; I was born there; the ship I came in was then at Stoney-stairs ; I came on shore with the captain, and had been drinking with some of my shipmates, and coming away, I was running to make the best of my way to Stoney-stairs; this gentleman cried out stop thief ! and that man was in the market, and he ran and called to another man that came out of an alehouse; he came towards me and said stop, I stop'd; said I, what do you want with me? Said he, you are the man that robbed him; then said I, if he says so I'll go back to him; I told the same story at the watch-house; there was a boy taken up, whom I never saw before; the boy said, he used to go a begging for his father and mother; I have not been in London above a month.

Guilty Death .

180. (L.) Alice , wife of John Trueman mariner, was indicted for stealing 16 yards of muslin, value 8 l. the property of John Combridge , Aug. 23 . ||

Mrs. Combridge. I am wife to John Combridge , he keeps a linen draper's shop in Newgate-street . On the 23d of August, about four o'clock in the afternoon, the prisoner came to our shop; she had been there about two o'clock the same day, but I did not see her. My servant went into the shop to her; she said she wanted to see some Irish linen; she agreed for a piece, at about 2 s. 2 d. per yard; she said her name was Jemmit, and that she came from Fleet-street, saying, Mr. Jemmit used to buy these things himself, but he had not been well used; she looked out different things, amongst the rest was muslin; she had different sorts of muslin cut; I shewed her a piece, which she said was too fine for aprons, so I shewed her some coarser. I left it upon the counter; when she asked for Russia sheeting; I reached some down and shewed her; she agreed for two pair of sheets and many other articles; she behaved very much like a gentlewoman ; I asked her, if she would go backwards and drink a dish of tea. I ordered my servant to do up her parcel; after I had made a bill of parcels, which she ordered me to do, to send home the goods to Mr. Jemmit a grocer in Fleet-street; she said, she hoped I would be a customer to her; so I ordered the porter to bring some sugar, &c. she desired also I would send a bag for to bring some halfpence, saying, her husband Mr. Jemmit had been obliged to take much halfpence; so I must be paid in part with them; then she asked me, if I should send home the goods by that child, meaning my son, and asked if he could write a receipt; I said I'd send them in the morning by a porter, and my son with him, in order to write the receipt; she staid in my shop two hours, with a pretence to buy, &c. I sent the goods, according to her order; the porter and my son returned, and said, that very morning there had been two persons with goods at Mr. Jemmit's before, and that Mrs. Jemmit had not been out the day before; they brought the goods home again; it immediately struck into my mind, this woman did not give me this trouble for nothing; so I examined the muslin; it was easy for her to have taken away three or four pieces of that, it lay in so little room, and the wrapper in which they were lay open upon the counter. I missed a piece of fine muslin; it was 16 yards, which I am positive I had shewed to her, which she said was too fine.

Q. Had you opened the wrapper between the time she was at your shop, and the time you missed it?

Mrs. Combridge. No, my lord, we keep them in a wrapper, and lay them in the counter, the counter and wrapper had not been opened between the time.

Q. Did she desire you to give her credit for these things ?

Mrs. Combridge. No, she did not, my lord.

Q. Did you know Mr. Jemmit?

Mrs. Combridge. I did not, my lord, she came in that name to me.

Q. from the prisoner. Why did not the gentlewoman come to inquire after me before this?

Mr. Combridge. Because I did not know where to find her.

John Combridge . I saw the prisoner at our shop August 23. about five o'clock in the afternoon. I heard her bargain with my mama for some goods ; I went the next day with the porter, and a man in Mr. Jemmit's shop told me to take care of the goods, and said, there had been two linen-drapers with goods ordered there, in the same manner that morning; and that Mrs. Jemmit had been ill, and had not been out for a fortnight; so we took the goods back, and I told my mama what I was told there, so my mama looked into the counter amongst the muslin, and missed a piece of it.

Q. What time of the day was this?

Combridge. This was about 10 o'clock, sir.

Q. Did you hear the prisoner say what her name was?

Combridge. Yes, sir, she said her name was Jemmit, and ordered my mama to send the things home to the Blackamore's head, Fleet-street.

Mr. Jemmit. I live at the Blackamoor's-head in Fleet-street.

Q. Where is your wife?

Jemmit. There she sits, [pointing to Mrs. Jemmit who sat near the bench.] About the 23d of August she was very big with child, and had not been out for a fortnight or three weeks.

Q. Was you in your shop when the porter and last witness came in on the 24th of August?

Jemmit. I was not, but I was when several others came on such like errands. Two or three days after this there came a person with goods, and said, they were ordered there by Mrs. Jemmit, and to satisfy him, I called Mrs. Jemmit down; then the person said, I beg your pardon, this is not the person. I desired them all who came, to carry their goods home, for they were cheated, and bid them see if they had not lost any thing.

Prisoner's Defence.

I never saw Mrs. Combridge till I was in the Poultry Compter; she came and desired to speak with me; she said, do you know me? I said, no; said she, you are the person that was in my house last August, that went by the name of Jemmit; said she, I am very loth to appear against you, and if you'll give me eight or nine guineas, I will not appear against you. Said I for what? I have nothing to say to you. I went directly into the chamber, and repeated every word as I do now to Mr. Woodman before she got down stairs; she did not tell me her name then, but said she liv'd in Newgate-street.

For the Prisoner.

Mr. Woodman. I remember Mrs. Combridge's being at the Poultry Compter. I heard no conversation between them, they went into another room. I believe within a minute after Mrs Combridge was gone, the prisoner came out of the dining room, and as Mrs Combridge was going down, the prisoner told me as she has said now. But how true it was, I can't say.

To her Character.

John Lloyd . I have liv'd at Mary-le-bone twenty-three years.

Q. Where did she live?

Lloyd. She has liv'd at Ratcliff-cross, ever since I knew her.

Q. What is her general character?

Lloyd. A very good one till this time, she has only free from guilt, but as far as I know free from the suspicion of it.

Q. Do you know Mr. Mason?

Lloyd. Yes sir, I do.

Q. What do you think of that affair ?

Lloyd. That is the only thing I know of.

Q. Have you got any witnesses here, to your own character ?

Lloyd. I believe I know some people in court. I am a person of some fortune, of some consideration in the world ; all Paul's Church-yard, and all Long Acre know me.

Q. What are you?

Lloyd. I am an attorney in the King's-bench; I have been admitted five or six and twenty years.

Mr. Eedes. I have known the prisoner I believe about twenty years, and her family much longer.

Q. What is her general character?

Eedes. I never heard any thing amiss of her till these transactions.

Q. When was the last time you saw her?

Eedes. It is about two years ago. Since that time I know nothing of her conduct, either good or bad.

Q. to Mrs. Combridge. Was you at the Poultry Compter, and did you there say, as the prisoner has said?

Mrs. Combridge. I was there, I desired to speak with her alone, and I was desirous to see if I could make her own it; but I could get nothing out of her. I never mentioned money to her, or any thing like it, I put any such question to her.

For the King against the prisoner.

Moses Bradley . I live in Leadenhall-street, where the prisoner came to my shop in this same manner.

Q. We must not hear about any other facts, what is her general character?

Bradley. I went to Ratcliff-cross to inquire her character, and by a neighbour of her's I found her character was very bad, and had been so for eleven years last past.

Guilty .

There were two other indictments against her for offences of the same nature; but they not being laid capital, it was needless to try her on any other.

[Transportation. See summary.]

181. (L.) Alexander Manassus , was indicted for feloniously receiving, knowing to be stolen, one wooden till-drawer, six gold rings, one gold locket, one crystal-stone set in gold, one gold necklace, five penyweights of gold, five broken ear-bobs, eight gold beads, one silver toothpick, three pair of scales, laid to be the property of John Roker , stolen out of his shop by John Ross , Thomas Procter and Darby Long . || See No. 36, in last session, paper.

John Roker . I know nothing of my knowledge, any more than what the evidence Leblon said My shop was broke open Nov. 15. and the goods mentioned in the indictment stole away. About a fortnight after, Abraham Leblon and John Ros were taken up, and carried before justice Fielding, there Leblon confessed this robbery and many more, and was admitted an evidence; and upon that, Procter, Long and Ross were all three convicted. and since executed.

Leblon said, he sold the goods to the prisoner, but Leblon not being there to give evidence, the prisoner was acquitted .

182. Philip Abraham , was indicted for feloniously receiving, knowing them to be stolen, eight pewter-dishes, 13 pewter plates, two pewter water-plates, one iron heater, two diaper napkins, three cotton aprons, and other things , the property of Mary Ormond , widow; laid to be stolen by William Tidd , Anthony Bourne , Randolph Branch , Richard Pett and James Webster , July 25. || See No. 25. in last sessions paper.

Mary Ormond . Deposed her house being broke open, and she robbed, as in the former trial.

William Hatton , as before, concerning breaking the house and stealing the things, with this addition. We sold our share to Philip Abraham , he goes by the name of Scampy the Jew. We took the money in the Broad-court, Duke's-place.

Richard Pett , Randolph Branch , William Tidd , and I was to have that money.

Q. Did you ever see the prisoner before that time ?

Hatton. No, I did not know him before.

Q. Look at the prisoner at the bar, what have you to say against him?

Hatton. My lord, that looks like the man, but I cannot be positive to him.

Q. What did you sell the goods for?

Hatton. We sold them for 12 shillings.

Prosecutrix. The witness Hatton told me the prisoner had bought several things of him before that, some shoes that he stole in Virginia-street, and that he knew them to be stolen. I fear he is corrupted by the Jew.

Q. to Hatton. Did you tell Mrs. Ormond so?

Hatton. I never told her so.

Prisoner's defence.

I am quite innocent of the thing.

To his character.

John Hays . I have known the prisoner a great while, and I never heard any harm of him.

Q. How long do you mean by a great while?

Hay. Ever since he was six years old, my lord.

Abraham Miers . I don't think any thing in the world, can speak a word against my son.

Q. Who is your son?

Miers. The prisoner is my son, no body can say he ever did any harm in the world; he has had under his hands a thousand and a thousand pounds of Mr. Salvadore's, and never did wrong in his life.

Acquit .

183. (L.) John Lighorne , was indicted for stealing 700 weight of cotton, value 50 l. the property of Nicholas Lynch , Jan. 10, 1750 . ||

Mr. Arnsdon. I remember the ship, the Mermaid, Capt. Gardiner.

Q. What was she loaded with?

Arnsdon. She was laden with several sorts of goods, from St. Kitts, cotton and other things.

Q. Whose property was the cotton?

Arnsdon. There were about ten bags the property of Mr. Lynch, they were put into a lighter to be carried to Summers's-key (by the lighter-bill there should have been 10 bags) but when we came to unload them there were but eight.

Mr. Lynch. I had ten bags of cotton on board the ship Mermaid, Capt. Gardiner; they were to have been conveyed in a lighter from on board that ship, and I received but eight; I am the merchant to whom they were consigned, there were 10 consigned to me by the bill of lading.

James Penprise . About the beginning of January was twelve month, the prisoner was in company with me, Joseph Watson , Henry Faulkner and Robert Davie ; we had a boat and went up the river to Summers's key, we went on board a lighter and took out two bags of cotton; we carried one to John Ross 's house in Shadwell, and the other to his house in Rotherhith, the house which he trusted to the care of Jenny Sparks ; we took the money for the first bag at his house, at 8 d. per pound.

Q. What do you think it might be worth?

Penprise. I heard say it was worth 18 or 19 d. per pound, the money was distributed on the table, we took up each man his share.

Penprise. How much had the prisoner for his share?

Penprise. He had as much as I had. I don't know how much it came to now.

Q. How mu ch weight were there in the two bags.

Penprise. There were upwards of 400 weight in them, we went and took the money for the other bag the next day, that was divided equally amongst us. We had 8 d. per pound for that also.

Q. Was the prisoner at the receiving that?

Penprise. He was, my lord.

Prisoner's defence.

I never had any dealings or business with Penprise in my life, only living near him.

For the prisoner.

Robert Lash . The prisoner is a waterman and lighterman , I have known him years, I never knew any harm of him in my life.

Q. What are you?

Lash. I am a sailor, I have been at sea fifty years; the prisoner has been in his majesty's service at sea this last war; he has lived within five doors of me these two years, and behaved soberly and in a good manner.

Eliz. Keyston. The prisoner and I were children together; I never knew any harm of him in my life; he is a diligent man in his business; I have lived under the same roof he does these two years.

Sarah Westfield . I have known him ever since he was a little child. I have been very intimate with his wife and him, and I never heard any ill of him.

Mary Vaughan . I keep a public-house about three doors from the prisoner; he has used my house ever since he came there, I have trusted him and his wife in my house many a time, and they never wrong'd me; he always behaved very well, he is a very quiet man, one that would never trouble his head with any body.

Hannah Nagison . The prisoner is a very honest man and a very quiet neighbour; I lived next him; I never heard any ill of him in my life, and he has lived where he does two years.

Guilty

[No punishment. See summary.]

184. Joseph Pooley , was indicted for stealing one wastecote, value 2 s. and 13 s. and 7 d. in money number'd , the property of William Bates , December 25 .

The prosecutor not appearing, he was acquitted .

185. (L) Richard Haywood , was indicted for wilful and corrupt perjury .

The former indictment. [ See No. 576. in Sir William Calvert 's mayoralty, ] the averment was, whereas the said Richard Haywood never was married to the said Charity Austin; and this is, whereas the said Richard Haywood never was the lawful husband of the said Charity Austin , &c.

This being to the same purport with the other. the court did not proceed to enquire into the merit of the case.

Acquitted .

186 . Christopher Green , was indicted for that he being married to Jane Wilmote , notwithstanding he came before my lord chief justice Lee, and took an oath, that he never was married to the said Jane . ++

Mr. Benjamin Thomas . I am clerk to my lord chief justice Lee. This is an information made by Christopher Green and William Richards , and sworn to by them, as it appears before my lord chief justice Lee. This is his hand-writing, sign'd here. [Holding the paper in his hand.] I have good reason to think my lord chief justice would never have subscribed his hand to it, had it not been administered; but as many people come and make affidavits at my lord chief justice's chambers, I cannot recollect the defendant to be the man that brought this.

William Richards . The defendant, Christopher Green and I went to my lord chief justice Lee's chambers to exhibit an information. [The affidavit is put into his hand] This is it, I wrote the name William Richards to it, and it is his name, and what I swear there I now believe is true.

It is read in Court.

One part of it is what is contained in the indictment that is, that this informant Christopher Green, maketh oath, that he was never married to Jane Wilmot .

William Newton . I have known Christopher Green about two years; about four, five, or six weeks before Christmas 1747. I was then living in Watch-street. he came to my house; he then called himself Hill and said, he lived at Ports-mouth, and had a very considerable estate. He visited my sister-in-law Jane Wilmot at my house; I went into the west of England, and made it my business to enquire at Portsmouth. but could not hear of such a person; my sister in law went into a service, I believe at Chelsea; he came to our house to enquire for her a little before Christmas, the same year; he asked me and my wife what was become of Jenny? After a great many protestations, he was told where she was, then he immediately went away to her: he told me, he courted her for no other end but to make her his wife. I am a taylor ; he gave me orders to make him some cloaths, which I did, almost three suits; when I was measuring him, I said, are these to be your wedding cloaths ? he said, yes. I sent them to him in the county, according to his direction. I did not see him till Midsummer-day. 1748, he came to my house ; she came to him; I cannot say I heard what passed between them, he asked me, if I could take a walk with him that evening? I told him I could not, having some business to do; he and Jenny went out together, and I did not see them till 3 or 4 days after, then he called for his bill; he looked it over; then said he, does my wife owe you any thing? No, said I; then he paid me. I asked him if he was married, he said, yes; they then went to live in Round-court, at one Mr. Humphrys's he cohabited with her there, as man and wife; I was never there but twice the time they lived there; I now live in Prince's-street by Red-lion-square.

Mrs. Newton deposed to the same purport, with this addition ; sometimes he would be at our house three or four times a week, and sometimes once in six weeks.

Evan Humphrys . I did live in Round-court in the Strand; Mr. Green and Mrs. Green came and took a lodging of me, about six weeks before Midsummer, but did not come to live there till Midsummer day ; we agreed at 9 l. a year; he called Mrs. Green, my dear, and Jenny.

Q. Who do you mean by Mrs. Green?

Humphrys. The former evidence's sister-in-law, he went down into the country; and what letters he sent up to Jenny, I used to deliver to her; she staid at my house after that about a quarter of a year; and I never saw them together afterwards.

Q. Where do you live now ?

Humphrys. That I don't care to tell.

Mrs. Humphrys deposition was to the same effect with that of her husband.

[ Jenny produced a writing, which she called a certificate of her marriage at the Fleet.]

Mrs. Newton. I saw this certificate signed by Boyce and Hammond, taken from the register-book in the liberty of the Fleet, in the custody of Boyce, and that dear Jenny gave a shilling for.

Boyce and Hammond were called, but neither appeared.

Acquitted .

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

Received Sentence of Death 13.

Hugh Dunn , James Sullivan , Thomas Applegarth , Michael Soss , James Farris , William Vincent , Dan. Davis, Anthony Westley , Thomas Clements , Edward Smit, James Field, Richard Parsons , John Hughs .

Transported for 14 Years.

John Pursley .

Transported for Seven Years, 34.

James Smith , John Orton , Sarah German , Lawrence Bourne , Mary Macarter , William Fenton , Mary Chester , John Carrol , John Harwood , William Sherlock , Jacob Fordham , Thomas Tucker , John Connoley , John Cox , Mary Smith , Henry Dykes , John Masterson , John Nuthrown , Miles Nutbrown , Joseph Guest , Robert Mouroe , Joseph Smith , Mary Webber , William Wyate , Peter Love , Thomas Hayes , William Harris , Thomas Cunningham , Thomas Lamb , Stephen Gale , John Cook , John Patten , Thomas Burnhill , Alice Trueman .

Judgment respited.

John Legborn .

Whipped, 11.

William Bird , John Wilson , Mary Porter , Martha Harris , Sarah Brian , Mary Godson , Ann Bourdon , Ann Wright , Mary Adams , John Greenhead , William Reynolds .

Branded, 1.

Elizabeth Meadows .

Just Publish'd, (Price 7 s. 6 d.)

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