Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 23 December 2014), February 1751 (17510227).

Old Bailey Proceedings, 27th February 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 27th, Thursday the 28th, of February, Friday the 1st, Saturday the 2d, and Monday the 4th, of March.

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

BEING THE Third SESSIONS in the MAYORALTY of the

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

NUMBER III.

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 COKAYNE , Esq; Lord Mayor of the City of London, Sir MARTIN WRIGHT , Knt.*, Mr. Justice GUNDRY ||, Mr. Baron SMYTHE +, RICHARD ADAMS, Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer of the City of London: and Justice 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.

John Rogers ,

Richard Holmes ,

Matthew Jarman ,

Samuel Keys ,

Anthony Welden ,

John Mynde ,

Peter Malivero ,

Robert Grisson ,

James Springe ,

William Usher ,

Timothy Pierson ,

Thomas Oswin .

Middlesex.

Richard Smith ,

William Edwards ,

Thomas Spicer ,

Richard Prosser ,

Charles Smith ,

Moses Roberts ,

Thomas Parton ,

Samuel Stevens ,

Jos Rooke ,

Collin Donaldson ,

Thomas Trislove ,

Richard Etherington .

187. (M.) Mary Freeman , spinster , was indicted for stealing two linen shirts, value 10 d. one linen shirt, value 3 d. the goods of Samuel Ridgeway , Feb. 22 .

Guilty 10 d.

[Transportation. See summary.]

188. (M.) Richard Buck , was indicted for stealing two linen aprons, value 5 s. one pair of worsted stockings, value 2 d. the goods of Thomas Taylor , Feb. 15 .*

Guilty 10 d.

[Whipping. See summary.]

189. (M.) Henry Grover , was indicted for stealing one black gelding, value 11 l. the goods of Thomas Groves .

Jan. 21 .*

Thomas Groves. I live at Belsise , near Hampstead . On the 21st of Jan. my stable door was broke open, after 11 o'clock at night, and my black gelding was taken away.

Q. Describe this gelding.

Groves. He had three white feet, and a blaze in his face, and two wall eyes.

Q. Why do you charge the prisoner at the bar?

Groves. The prisoner had been loitering about us for about a fortnight: he had work'd for me last hay-time, and he had done little things before. When my horse was missing, he was also. I inquired after him; I went as far as St. Alban's (knowing he came from near Luton, in Bedfordshire ) but did not find him. I had my horse cry'd at Watford, and found him again on Wednesday, being the day after, in the possession of Abraham Chapel , at Enfield.

Q. What is your horse worth?

Groves, He is worth 11 or 12 l.

Abraham Chapel . The prisoner brought the horse to me on Tuesday, the 22d of Jan. about nine o'clock in the morning: he had three white feet, a blaze down his face, and two wall eyes. I work with Mrs. Clayton. The prisoner ask'd if our bailey was at home. I said I expected him every hour. He said, he heard my mistress wanted to buy some horses, which she did. He staid some time, but seem'd very uneasy; often looking out, as though he suspected every body he saw. I sent the boy to inquire at a house in the town for our bailey; who return'd, and told me, the prisoner had been at that house and proffer'd the horse for nine guineas ; which the prisoner said was true. Then I said, I am but a poor man, and could not afford to give much; but ask'd what I should give for him; adding, I would give him 3 l. 10 s. Upon which he pull'd me by the collar, and whispering, said, you shall have him for the other ten shillings. I answered, no. Then he said I should have him. So I gave him a shilling earnest, and said, if he would fetch a voucher to tell how he came by the horse, I would pay him the remainder of the money; otherwise I would not. Then he told me his father's name was John Long , and liv'd at Bushey, near the common side, and that his own name was John Long . Thomas Kendal , who was by, proffer'd to go to his father's house for 1 s. 6 d. but the prisoner said no, he would go himself. Then I offer'd to be 9 d. towards that charge; but he said he would not send, he would go himself. I answered he should not go. So we held him, and he struggled with us, till we tore his cloaths; and at last we, with much difficulty, secured him. The next morning I went to enquire after his father, but found no such man lived there; and calling at a house to get my breakfast, I heard the prosecutor had been about there to seek after such a horse, and subscribing the prisoner. Thus having obtain'd the prisoner, and found the prosecutor had subscrib'd him, I went to the prosecutor's house on the Wednesday, about one o'clock; when I saw his wife, and told her, I had got a man in curtisey. She said her husband was gone to London to have the horse advertised. She sent a man after him, and he came back and went along with me, and owned the horse.

Nathaniel Parker . I am a constable at Enfield. The prisoner at the bar was stopp'd upon suspicion of stealing this horse on the 21st of Jan. (describing him as Abraham Chapel had done.) He was put into my custody; he said his name was John Long , and that he came from Bushey. I said I wish'd he was not John Short. It was as much as seven men could do to get him down to the watch-house. I put hand-cuffs on him, and lock'd him up safe, and chain'd him too, yet he releas'd himself. He told me afterwards he tore his hand-cuffs off with his teeth.

Thomas Kendal . I was along with Abraham Chapel on Saturday, the 22d of Jan. when we took the prisoner into custody. I saw Chapel buy the horse for 3 l. 10 s. ( he described the horse as the others did ) When Ab. Chapel talk'd of a voucher, the prisoner said his father was in trouble, and he did not care any body should go. I offer'd to go for 1 s. 6 d. Chapel said he would be one part, and the prisoner the other. He got out of the chair where he sat, and said he would go himself. Then we secured him. The prosecutor came afterwards and own'd the horse.

All that the prisoner could say, was, they were mistaken in their man.

The witness being all ask'd again, if they were certain as to the prisoner, they answered in the affirmative.

Guilty , Death .

190, 191, 192. ( M.) George Hall , Marmaduke Watkins , and Joseph Huney , were indicted for that they, on the 26th of December , about the hour of ten in the night, the dwelling-house of Elizabeth Wadsworth , widow , did break and enter, 17 pair of worstead stockings, and 8 pair of yarn, ditto, and one worstead cap, the goods of the said Eliz. did steal , &c.*

The prosecutrix could only depose to finding her shop window up, and missing the above goods at the time mentioned ; and Thomas Burn , an accomplice, proved himself to be in the fact, and deposed the three persons were in company with him; but there being no other evidence to corroborate his testimony, they were all acquitted .

193. (M.) John Martin , was indicted for stealing one china quart mug, value 5 s . the goods of Joseph Nash , Feb. 9 . ||

Joseph Nash . I keep a public-house at Brumley . The prisoner is a waterman , and had been at my house; I missed the mug some time before he went away. He and another went away together.

Henry Scott . When the prisoner and the other man went away, there came a link by the door; I going the same way, took the benefit of it. I came up with them in about three quarters of a mile walking: when I was about 20 yards behind them, I saw the china mug in the prisoner's hand; the prosecutor had told me of it before, and I had been privately looking about the house with him for it, and he told me he suspected the prisoner had it. So I went up to him, and took him by the collar, and said, Jack, that is Mr. Nash's mug, give it me; he put it into his bosom, then he took me fast by the collar. I cry'd out I had stop'd a thief; the person along with him stood close by us, but neither assisted me or him. I said again, he had robb'd Mr. Nash of a china mug. Then he threw it over a wall belonging to the Widow Withers. I went and knock'd at the door, and got a candle and lanthorn, and went into the yard behind the wall, and pick'd up the mug broke in pieces. The pieces were produced in court, and deposed to by the prosecutor, and one of the same pattern compared with it, which he brought.

Prisoner's Defence.

I was at Mr. Nash's house this night, and drank four or five pots of slip. After the reckoning was paid, Mr. Ambler and I went away together; I fell down three or four times, and I pick'd up this mug near a pair of gates where lay some dung; I did not know whether it was a common white mug or a china mug; and in walking about a quarter of a mile, this Mr. Scot came after me, and said I stole it. So I shov'd him up against the wall, and threw it over the wall.

Guilty, 10 d.

[Transportation. See summary.]

194. (M.) Charles Bruce , was indicted for that he, on the 10th of February , about 8 in the night, the dwelling house of Stephen Chassey did break and enter, and stealing out there one stock bed, one stock bolster, one feather pillow, one linen quilt, one woollen rug, two brass candlesticks, one waistcoat, and one peruke . ||

Guilty of Felony, acquitted of the Burglary .

[Transportation. See summary.]

195. 196. (M.) Mary Horsey and Ann Colley , otherwise Farmer , spinsters , were indicted for stealing one linen gown, value 1 s. 6 d. one stuff gown, value 1 s. two linen aprons, value 4 s. one cambrick hood, and other things , the goods of Stephen Flocton , Jan. 7 .

++ Both guilty .

[Transportation. See summary.]

197. (L.) William Lee , was indicted for stealing one linen handkerchief, value 6 d. the property of Robert More .

Jan. 30 . ++

Robert More . On the 30th of January, about 7 o'clock at night, as I was going along Newgate-street , I catch'd hold of the prisoner's arm, just as he had taken my handkerchief out of my pocket: one corner of it was in my pocket. He drop'd it down directly. I kept hold of him till I had him secured. The handkerchief was produced in court, and deposed to. My relation, Edward More , was with me at the same time.

Edward More confirmed the testimony of the prosecutor.

Prisoner's Defence.

I never touched his handkerchief. There was a great crowd of people, and they laid hold on me by mistake.

Guilty .

[Transportation. See summary.]

198. ( L.) James Bisben , was indicted for stealing 11 pound wt. of bacon, value 2 s. the property of William Dalley .

Jan. 21 . ++

William Dalley . I keep a cheesemonger's-shop in Fetter-lane , I was sitting in a little room behind my shop, on the 21st of January, between 6 and 7 o'clock in the evening: there was a gammon of bacon hung up against the wall; the prisoner at the bar came in and took it, and was going out of the shop. I got up and push'd out after him, and laid hold of him before he got thirty yards from the door. He had it under his arm, then he drop'd it, and got out of my hands and ran away: I cry'd out, stop thief ! and he was stop'd in running about 150 yards, but I was close by his heels all the way He was never out of my sight.

Richard Freeman . I am constable. I was charg'd with the prisoner. He cry'd and made a heavy to do, desiring I would let him go.

Guilty .

The prisoner had given his evidence last sessions against two of his accomplices, See No. 154, 155, 115. 116. He had been released out of confinement but about an hour before he committed this fact.

[Transportation. See summary.]

199. (L.) Charles Bowen , was indicted for stealing 7 pewter dishes, value 7 s. one scarlet cloak, two linen aprons, two linen handkerchiefs one linen hood, and other things , the goods of Elizabeth Broadhurst , widow .

Feb. 4 .

++ Guilty .

[Transportation. See summary.]

200. (L.) Mary Jackson , spinster , was indicted for stealing one wooden box, value 2 s. and one guinea , the property of John Hall .

+ Acq .

201. (L.) Richard Nicholls , was indicted for stealing three pair of worstead stockings, value 6 s. (in company with another person unknown) the property of Thomas Hummerton , Jan. 28 .

+ Guilty .

[Transportation. See summary.]

202. (L.) John Hacker , was indicted for assaulting and robbing Ann Harrwood on the highway, of a silk handkerchief, value 1 s.

February 20 .

+ Acq .

203, 204 John Cole and Philip Blake , chimney-sweepers , were indicted for steal ing one pair of leather shoes, value 2 s. and one pair of silver shoe buckles, value 10 s. the goods of John Hickman , Feb. 15 .*

The prisoners took an opportunity, when they were let in to sweep the chimnies, to take away the goods mentioned. After they were gone, the things were missed. The prisoners being taken up and secured, they both confessed the fact which was deposed by the prosecutor and Thomas Daniel .

Both Guilty .

See No. 1. in this Mayoralty.

[Transportation. See summary.]

205. (M.) Jane wife of William Barber , was indicted for stealing two linen bags, value 1 d. two portugal pieces, one 3 l. 12 s. piece, 13 36 pieces, 5 moidores, 2 half-moidores, 68 guineas, 3 half guineas, and 5 s. 6 d. the money of Charles Bill , in the dwelling house of the said Charles, and Michael Barber , Feb. 18 . ||

Charles Bill . I have chambers in Lions-Inn . On the 17th of this inst. I had a considerable sum of money in my drawer, in my writing-desk; as near as I could make up my account it was about 115 l. part in Portugal gold, and part guineas, in two bags, one a yellow canvas, mark'd R H, 1746, the other a little, dirty, linen bag; but the greatest part of the money was in the yellow bag. In a hurry, betwixt 9 and 10 o'clock on Sunday night, I accidentally left my key in the lock where this money was, there it remained all night; on the Monday morning, betwixt eight and nine, I went to my desk, the first thing I saw was the key in the drawer; I immediately drew it out, and saw my two bags were gone.

Q. Do you lie in the chamber?

Bill. No; they are too small for Mr. Barber and I to lie in, therefore we lie in another place, my lord.

Q. Does any other person lodge there?

Bill. No; my lord.

Q. What did you do upon missing your money?

Bill. I call'd in Elizabeth Curtice , the landress, for I at once suspected the prisoner, who was her servant. She said she gave the girl the key of the door, and she went and lighted a fire for the other gentlemen. Looking upon. my desk, I found the key of my chamber door lying there. The prisoner was taken the same day at Shadwell. I went there: the first thing I asked her was, about what time she took this money. She said, she took it out after she had lighted the fire; that she went in in an unlucky hour; seeing the key there, she open'd it, and was tempted, seeing a yellow bag, to see what was in it; and seeing a large parcel of gold, she took it away. She made this confession in presence of several gentlemen, and never denied it. The yellow bag was produced in court, with the letters R. H. &c. upon it.

Q. Whose property is this money?

Bill. It is my property, my lord,

William Butterey . I live in Shacksby's Walk, Shadwell. The prisoner at the bar came to my house the 18th of February, about a quarter after 11 o'clock. I had little or no knowledge of her, but she knew my daughter. She staid till seven o'clock. I found she had shew'd this money to my wife. My wife told me of it. I said to her, my dear, you have got money about you, tell it, that it may prevent any mistake, &c. She took it out, but could not tell it. She drop'd one guinea, and I made her take it up. I saw there were 68 guineas, besides half guineas and Portugal money. (There is now a memorandum in the bag that was made before the justice, it being told over upon his worship's table.) I think in all there is 110 l. 12 s. 6 d. The money was in a dirty linen bag. I never saw the yellow bag in my house, but I saw it afterwards. She told me she receiv'd it for prize-money belonging to her husband. I ask'd her what man of war her husband belong'd to. She could not tell: nor could she tell whether she received the money in Broad-street, or at a banker's. Then she said, she had sold her conosity for 500 l. and such like talk. I sent for a constable and took her up. and took her before justice Bury. The bag was produced in court with the money and memorandum in it, sealed with the justice's seal.

Elizabeth Curtice . The prisoner was my servant. I gave her the key of the chamber door that morning, to go and light the fire. She said, after she had unfortunately taken the money and gone out of the room, she pull'd the door too after her, and that she did not know but she should have carried the money back again, had she not left the key behind, which was locked into the room. I heard her confess the whole of taking it, &c.

Samuel Lee . I live in Shadwell, This evidence went with Butterey before the justice of peace, and confirmed the account given by him. Her confession was read in court, signed by her own hand.

John Ambler deposed to the finding the yellow bag upon her, with a guinea, half a crown, and three shillings in it, in the bosom of her stays, on Tuesday morning; and here is a receipt for 5 s. 3 d. which she had paid to a person.

Prisoner. I leave it to the mercy of the court, Guilty of stealing, but not in the dwelling-house .

[Transportation. See summary.]

206. (M.) Mary Dunslow , spinster , was indicted for that she, on the 20th of August , about the hour of three in the morning, the dwelling house of Elizabeth Matthews , widow , did break and enter, and stealing out thence 1 gold ring, set with a diamond, value 12 l. 5 linen shifts, value 1 l. 10 s. 1 pair of kid gloves, value 1 s. 5 muslin handkerchiefs, value 1 l. 5 s. 1 pair of Dresden ruffles, 4 muslin aprons, and other things, the goods of the said Elizabeth, in the dwelling house of the said Elizabeth . ++

Elizabeth Matthews . I live at Padington . The prisoner at the bar was servant to me about five months. She left me in July last. On the 20th of August my house was broke open: it was very safe over night. My kitchen is under ground. The next morning, after my servant call'd me up, my shutter to the kitchen was broke, and the bolt lay down in the area: the other windows behind the house had been tried at, but were too secure for them. I went immediately up stairs, where I undress myself : my drawers were all standing open. Upon my pincushion I had, with a pin, fastened a diamond ring, which lay on the dressing table; it was a mourning ring, with a little diamond and lock of hair under it ; five shifts, five muslin handkerchiefs, one fine pair of Dresden ruffles, a pair of gloves, two strip'd muslin aprons, two plain, and a Dresden handkerchief. I put the things there myself on the Saturday night, and I saw them all on Sunday, the 20th of August The prisoner was taken up the 30th of January. I was present at the searching her things where she lodg'd; we found in her box a shift and an apron, which were mine, and lost with the other things. They were produced in court, and deposed to. The prisoner said they were hers, and that she bought them of a woman in Bond-street.

John Prosser . I am servant to Mrs. Matthews, and was in August last, when the prisoner was. The night before the robbery was committed I was sent for to the Hampshire hog, a public house near my mistress's house, there were the prisoner, and Botty Jenkins, and a man that went by the name of Matthew Cavenhau : the prisoner ask'd me whether I was turn'd out, as usual, on nights; or whether I lay over the stable, or no. I said, I lie over the stable. She said, when she lay there I was turn'd out as the dogs, and she fastened the door after me.

Q. Do you know whether that kitchen window was made fast before you went to bed the 19th of August?

Prosser. I heard the maid servant, Sarah Penny , say, she had fastened it over night. I was before the justice when the prisoner was examined about the shift and apron. She said she bought them of an old cloaths woman that went about the street for 3 s. 6 d.

Sarah Needham . I was before the justice at that time, and heard her confess the same.

Francis Congreve . After the prisoner was in custody I went to her lodging, at one Cavenhau's, by Carnaby-market. I went up into the room where the people of the house said she lodg'd; there was a large chest of drawers; I sent for a Smith, and he open'd them; there were several things that belong to the prisoner, and some shirts belonging to Cavenhau, and also this shift and apron, which Mrs. Matthews said belong to her. The prisoner said she bought them in the street, of an old cloaths woman.

Jane Caffery . I live in old Bond-street. The prisoner came to me one day, and said she had a favour to ask of me, telling me she kept company with one Laying, and he had given her a ring. which she desired to be put in pawn. I sent it by my drawer, who had two guineas upon it. After that, she went to live with one Mr. Tompson in St. Paul's Church-yard.

Q. What ring was this?

Cassery. It was a large diamond. I don't know whether there was a motto or not. I think the hoop was scollop'd.

Q. What time did she bring it to you.

J. Cassery. It was the 29th of August. I put it down in my pocket-book, because the man I sent could neither write nor read. She came after that and took it out herself.

Michael O'Brian . Mrs. Caffery gave me this ring to pawn. I pawn'd it for two guineas and an half.

Prisoner's Defence.

I know nothing of the fact.

Acquitted .

207. (M.) Letitia Walker , spinster , was indicted for stealing two silver spoons, value 8 s. one silver salt, value 7 s. and one pair of silver tea tongs, value 3 s. the goods of Samuel Atkinson , Feb. 8 .*

Samuel Atkinson . The prisoner at the bar was my servant , I am the master of Tottle fields bridewell . On or about the 8th of this instant I came down stairs in the morning, there was a fire made, but the girl was gone. She not returning, I supposed she had taken something away. We look'd and miss'd the things mentioned in the indictment. After I had taken her up, she confess'd the fact and went with me to the people where she had pawn'd and sold them. She had broke the tongs to pieces. The goods were produced in court, and deposed to.

Margaret Folks . I am a pawn-broker. I lent the prisoner at the bar 15 s. upon the salt, Feb. 8.

Isaac Barty . I am a gold-smith. On the 8th of February the prisoner at the bar came to my shop, and brought the tea-tongs broke in pieces, and said she found it. I bought it of her. She then told me she liv'd with one Mr. Atkinson, a bookseller, near the Gatehouse.

Prisoner. I have nothing to say for myself.

Guilty .

[Transportation. See summary.]

208. (M.) John Biggerton , was indicted for stealing one hand saw, value 3 s. and one tenant saw, value 2 s. the goods of Joseph Pettit , Jan. 26 .*

Acq .

209. (M.) Mary Parker , was indicted for stealing three pewter plates, value 1 s. 6 d. the goods of John Parrey , Feb. 18 .*

The prosecutor keeps a public house in Stanhope-street, Clare-market . The prisoner went into his house, and asked for a person who was a stranger to the prosecutor. She took a turn into the yard, but he observing she did not go to the necessary-house, suspected she had no good design. When she went out he followed her into the street, and, seeing the plates under her arm, took them from her. They were produced in court, and deposed to.

Guilty. 10 d.

[Whipping. See summary.]

210. (M.) John Talmage , was indicted for stealing one saw, value 8 s. the property of James Lynch , Feb. 20 . ||

Guilty .

[Transportation. See summary.]

211. (M.) Elizabeth Brown , widow , was indicted for stealing one serge coat, value 4 s. one linen handkerchief, value 6 d. and one tin snuff-box, value 2 d. the goods of James Nutter , February 15 . ||

Elizabeth Nutter . I am wife to the prosecutor. I hung the coat with the other things in the pockets up behind the door in the entry. On the 15th of this month I went accidentally to the shop door, and there I saw the prisoner stand; it was gone betwixt six and eight o'clock in the morning. I had some knowledge of the prisoner, for I once met her by Aldgate, and she ask'd me if I would have my fortune told. I went into Rosemary-lane, and the first woman I met with was the prisoner with the coat in her apron. The things were not in the pocket when I found it again.

Prisoner's Defence.

I met an old woman who desired I'd go and pawn this old coat of her son's for her, saying she should be obliged to me. I went along with it, very innocently ; and I met with this good woman, who said it was hers. Said I, if it is yours take it, I never wrong'd man, woman, or child in my life.

Guilty. 10.

[Transportation. See summary.]

212. (M.) John Darby , was indicted for that he, on the 11th of January , about the hour of two in the morning, the dwelling house of John Flower did break and enter, and stealing out thence 36 linen handkerchiefs, value 36 s. nine silk handkerchiefs, value 27 s. three pan of worsted gloves, one cotton shut, and other things , the goods of the said John. ||

John Flower . I keep a slop-shop at Limehouse . My house was broke open, and I was robb'd of these goods mentioned, but I know not by whom

The principal evidence was one Henry Brian , who could convince the jury he was in the burglary and who said the prisoners were in company with him in it. But his evidence not being confirmed by any evidence of credit, the prisoner was acquitted .

He was a second time indicted for that he, together with Joshua Philips , not yet taken, on the 18th of January , about the hour of 12 in the night, the dwelling house of George Rhodes did break and enter, and stealing out thence one wicker basket, value 6 d. six pewter dishes, value 8 s. 14 pewter plates, value 8 s. four brass candlesticks, one copper pottage-pot and cover, two copper saucepans, one silver tea-spoon, and one diaper tablecloth , the goods of the said George. +

Henry Brian was the principal evidence in this also, but his testimony remaining unconfirmed by any evidence of credit, the prisoner was acquitted .

213. (M.) William Harvey , was indicted for stealing one silver watch, value 5 l. the property of Samuel Sunderland , privately from his person , Jan. 21 . +

Samuel Sunderland . On the 21st of the last month I was at Leicester-fields , the prince's birthday being kept on that day. I was got in the mob, and lost a silver watch out of my pocket ; it was a middle-siz'd one, Nicholas Wells , maker, no number upon it, a black ribbon, and only a key to it. I advertised it the next day. Thomas Slatre , a pawn-broker, had stopp'd it.

Q. Why do you charge the prisoner ?

Sunderland. I can say nothing of my own knowledge against him.

Prisoner. Pray let the advertisement be read. It was to this purport:

Whereas a young woman pick'd out of a young man's pocket, that was in mourning, at the prince of Wales's gate, Leicester-fields, a silver watch, with a black ribbon but no seal, maker's name forgot. The person that took it being known, if the does not return it with honour, or send it to S. S. at the plough in St. Martin's Lane, by to-morrow noon, she shall be prosecuted as the law directs; if pawn'd or sold, please to direct to the above-mention'd place, and you shall have your money again with thanks. If returned by the time there shall be no questions ask'd.

Q. Had you any particular reason to think a young woman pick'd it out of your pocket?

Sunderland. No, my lord. A young woman was some time standing next to me in the crowd, that is all, just by the prince of Wales's gate.

Q. Had you any talk with this young woman?

Sunderland. No, I had not, my lord.

Q. Do you remember you saw the prisoner there?

Sunderland. No, my lord; I don't remember I ever saw him, before I saw him before the justice. I had advertised in this method, thinking it the best method to get my watch again. I can neither read nor write. Richard Brunner wrote it for me.

Thomas Slatre . I am servant to Mr. Bibby, a pawn-broker in Stanhope-street. This watch ( producing it) was brought to pawn to me the 21st of January. A man, not the prisoner, it was a little man, wanted two guineas and an half upon it. I would not lend it. Then he went out, and came in again, and brought the watch in his hand, and said he'd take 2 l. 5 s. I look'd over the paper to see if it was advertised. I could not find it was. I stopp'd it: he went out again, and brought in the prisoner at the bar. The prisoner said it was his watch, and if I did not deliver it he'd mark me and abused me very much. He was at the door when the other came first in, for I heard a whispering there, which made me have a suspicion. I sent for a constable; he was not at home; and one of our people went out to them; they beat him over the head with a bludgeon. I heard no more of it that night. The next morning it was advertised. I went to inform the prosecutor. I left word; but he was out of town.

Q. from the Prisoner. Is it not out of spite, my lord, that he now gives this evidence against me, from a former quarrel?

Slatre. He has been a customer of ours, and we once had words; but I declare I have no more malice against him than I have against any one person in the world.

Q. What is the prisoner?

Slatre. He is a gentleman: I believe he is no business at all.

Christopher Cammel . I am constable. On the 21st of January, about six in the evening, a servant to the pawnbroker came to my house and desired me to go there, saying, there was a couple of ugly fellows came with a watch, which they had a mind to stop ; but when I came there they were both gone. They told me the prisoner was one of them. I have known him these two years. After that they sent again, saying, there were many people in the street with bludgeons, &c. I was not at home. The next morning I saw the advertisement, and I carried it to the pawnbroker, and looked at the watch, and found it to be the same. I thought the Friday following a proper time to apprehend the prisoner, when the libel was burnt at Westminster. I took him up that day; he did not own any thing of the fact, but said the person with him was named Preston. I went to see for him, but could not find him.

Prisoner's Defence.

I met this Preston, who had the watch, in Russel-street, near Covent-garden. He had been a midshipman on board a man of war, and I was master at arms, but not of the same ship. I knew him very well in the West-Indies, but never heard any thing to his discredit in my life. He asked me how I did. We went to the black lion to drink some punch: he made an apology he had no money, but he had a watch to pawn. I directed him to Mr. Bebby's, and said he'd give him as much upon it as any body. He desir'd I'd show him the house. I did. He went in, and came out again and said, I can only get so much for it. Said I, then you'll only have the less to pay when you fetch it out again. Then he went in again, and the watch was stop'd. Then I went in, the lad ask'd me if I knew him. I told him I did. He ask'd me if I would vouch for his honesty. I told him I would. The watch was stop'd. As to my going back again, I did not: it is evident I would not, if I thought it was got dishonestly, recommend him to a pawnbroker that I knew, and where I had pawned my cloaths and things several times, and was known very well. When I found he could not stand by it, I beat him, and gave him a black eye. I thought he had got it by some girl he kept company with.

For the Prisoner.

Bridget Newman . I know the other person, but do not know his christian name. He quarrel'd with Mr. Harvey about a watch. Mr. Preston came to Mr. Harvey, and ask'd him to go with him to give him a character, saying he had been to a pawnbroker, and his watch was stop'd.

Q. Where was this?

B. Newman. This was at Mr. Harvey's lodging, at the two Brewers in Maynard street, St. Giles's, near the church.

Q. What time of the day?

B. Newman. It was about 12 o'clock in the day. Mr. Harvey said he'd go.

Q. What day was this ?

B. Newman. I believe it was the day after the prince's birth day, he went and came back again, and said he believed he was brought into a scrape and would have satisfaction for it, saying he'd beat him for bringing him into it. The next morning he went to Mr. Preston's house and took him into the field, and they fought with their fists as they told me, they came home with their faces broken. Mr. Preston then said he'd give him part of a pot of purl, and said he was sorry he had brought him into that dispute.

Q. Have you seen them together since?

B. Newman. No, I never did.

Q. to Sunderland. Is this the woman that stood by you when you lost your watch in Leicester fields?

Sunderland. I can't say it is her.

Margaret Farrel . I know they both came into my house with their faces broken, either the day or the day after the Prince of Wales's birth-day.

Q. Where do you live?

M. Farrel. I live in Maynard street at the two brewers. I saw nothing of their going to the pawnbrokers, when they came back again I heard Mr. Harvey tell him about his bringing him into a scrape.

Q. Where is Preston now?

M. Farrel. He went away for good.

Q. What is the prisoner's general character.

M. Farrel. He lodged with me about three months, he always was at home about nine, or at farthest by ten o'clock at night, and commonly went out about eight in the morning.

John Brittain . I have known the prisoner twenty four years, he went to school at the college at Dublin, and he was discharged from general Legonier's horse with a fair character, and also from on board a man of war. I never heard any ill of him till this affair, and I don't think he'd be guilty of such a fact.

Q. What are you?

Brittain. I am a hair merchant and live at the corner of Hatton-garden. I am not a house-keeper.

Q. to Slater. Was it possible for the person to come from your shop to Maynard street and back again, from the time he went first out of your shop, and the time he brought in the prisoner?

Slater. It was impossible, my lord, they are near a mile distant from each other, the man only went out and came in again directly.

Guilty, but not of privately stealing .

[Transportation. See summary.]

214. (L.) Joseph Burroughs , was indicted for forging and publishing a warrant, or order, for payment of 1. l. 10 s. with intent to defraud Sir Joseph Hankey , Knt. and company , Jan. 30 . +

Joseph Chapel Hankey , Esq; [He produces the draught.] This is a draught drawn in the name of Thomas Revil for 1. l. 10 s. the prisoner brought it. When I came to settle accounts with Mr. Revil he denied it, then I examined it more particularly, and look upon it to be extremely well forged; I should have been unwilling to have sworn it was not Mr. Revil's hand-writing.

Q. Did you ever see Mr. Revil write?

Hankey, Esq; No, I never did, but I am well acquainted with his hand writing; the prisoner was taken up for an attempt of the like kind, and he confessed to me he forged this very note for 1 l. 10 s. and also, after that, before the alderman at Guild-hall, and that he had also forged the other two draughts. He said he had no accomplice, saying, he was himself alone.

Q. Did you give him any hopes of mercy to induce him to confess?

Hankey, Esq; No, my lord, I did not ; he had no reasonable expectation of mercy, for he said he knew he should be hang'd.

Q. Was he in liquor?

Hankey, Esq; He had been drinking, but sensible enough.

The note read to this purport.

29 Jan. 1750.

Sir Joseph and Sir Thomas Hankey ,

Pay to Mr. Richard Todd , or bearer 1 l. 10 s. upon account of

1 l. 10 s.

Thomas Revil .

Thomas Cole . I belong to this shop of Sir Joseph Hankey and Company. When Mr. Hankey took this draught of Mr. Christopher Gardiner he shew'd it to me; he observed upon it, it was a very small draught for Mr. Revil to draw, and said it was likely the balance of some account, but I had not at that time any reason to suppose it to be forg'd; it was given up by Mr. Revil, and return'd as not allow'd by him. The prisoner acknowledged it to be a forgery to me several times, and also before Mr. alderman Whitaker, before whom they were all three produced.

Q. Was it a voluntary confession?

Cole. It was, my lord, before so much as a question was asked him. As he saw two or three people coming to him, he said he knew what they came about, and he knew he should be hang'd for what he had done.

Q. Is the name Thomas Revil like his handwriting?

Cole. It is; I took it to be his writing till it was return'd.

Q. Who were these persons that came to the house which he saw and spoke to?

Cole. Christopher Green, at whose house the prisoner had lodg'd, Mr. Hankey next, and I followed him.

Christopher Green. I live at the crown in St. Catherine's street. The prisoner at the bar came, I think, to lodge at my house on the 19th of Jan. he agreed with me for a room for his wife and two children; he staid 7 days; he owed me about 17 s. 9 d. he said he had got upwards of 40 l. due to him at Mr. Revil's, and being to go abroad, said he was afraid he should go away without it. He brought this note for 1 l. 10 s. desired I'd step with it, and he'd get ready; I was willing to get my money, so went to Sir Joseph Hankey 's with it. I took the money and return'd, and gave it to him; he paid me, and had some more things in my shop. He, his wife, and all went away; his wife came back about 10 o'clock at night, and said she had had a quarrel with her husband; then he came again, and had got 15 or 16 l. pound about him, and said he had took 20 l. of his money, and that he must go out of town, or he should be arrested. He went out, and came again on the Wednesday, and said he had been arrested, and that his charges came to 7 l. more than he then had: he said he'd call in the afternoon, saying, he had got a note for the other 20 l. and if I would step up with that he'd be obliged to me; he said they would ask me some questions, and I must tell them I came from William Perkins . I went with the 20 l. note, then Mr. Hankey came and charged me with it, and told me it was a forgery; I told him I was innocent of the affair, and also gave him directions where the prisoner was to be found, and that he might keep me in custody till they brought him. I was sent with Joseph Chapel Hankey , Esq; and Mr. Cole, we went into the house; I laid hold of him, and he spoke not a word for a good while; at last he own'd the fact, and said he hoped there would be no farther trouble about it, only making the money up again. He own'd to the three draughts and said he had no confederates at all. I heard him own it also at Guild-hall before the alderman.

Q. To Mr. Cole. Who are Sir Joseph Hankey 's partners ?

Cole. Sir Thomas Hankey , Knt. and Joseph Chapel Hankey , Esq; they were in partnership before the date upon the draught.

For the Prisoner.

Sir William Smith . I have known the prisoner since the year 47; he was in my service as second clerk and behaved very honest. I recommended him to Mr. Revil as a person I had a good opinion of. I never, till this charge, heard any thing to his discredit.

William Cook . The prisoner came to Mr. Revil's in April, 1748, and lived with him till Midsummer last; I was his fellow clerk, and I know no dishonesty by him during that time.

There were two other indictments against him for 20 l. each, drawn upon Sir Joseph and Company, but being found guilty, they were not tried.

Guilty Death .

215. (L.) John Godard , was indicted for stealing one hundred pounds weight of lead , belonging to , Jan. 7 .

John Mevin . I am a watchman, my stand is in Pater-noster Row, facing the end of Panyer-alley. On the 7th of Jan. about a quarter of an hour before six in the morning, I saw the prisoner and another man; they went up Queen's-head-alley into Newgate-street, one turn'd towards Newgate, the prisoner towards St. Martin's Le grand. I laid my hand on his shoulder and said, friend, what have you got here? said he some old iron, and that he was going to the golden hall in aldersgate street, and if I would go with him he'd give me six pence; said I it is lead, then I collar'd him, he threw it down, and struggled with me, and he offer'd me a shilling to let him go: then another watchman came up, and we brought him to the watch house going through Newgate-market, where he dropp'd these shoemakers pinchers. I went back to Panyer-alley for the lead; and there were found in it two pieces of lead; we weigh'd them and there were five score and six pounds weight.

Peter Lysles . I am constable. I was at the watch-house this night, I saw the two pieces of lead taken out of the sack, five score and six pounds.

Samuel Dubican , and his father Mr. Lancelot Dubican, deposed they compared the lead to where was some lately missing on the top of two houses belonging to the citizens of London in Pater-noster Row, and one piece fitted exactly, and that according to the nearest computation, there had been taken from them houses at different times, forty hundred weight of lead; and that they got a search warrant, and searched the house of one Ann Wall, where the prisoner was conversant, and there, in secret places under boards and other places they found more lead, which was taken from off these houses.

Guilty .

(L.) He was a second time indicted with Thomas Oakley ; the latter for stealing thirty pickled walnuts value 1 s. 50 pickle cucumbers value 1 s. and twelve ounces of anchovies, value 1 s. 6 d. the goods of William Tringham ; and the first for receiving them, knowing them to be stolen , Jan. 1 . +

William Tringham . I live in the old change , and keep a chandler's shop . I lost a gally pot of anchovies, a jar of pickle walnuts, and a jar with some cucumbers, on the first of Jan.

Mrs. Tringham. About a quarter after seven, on the first of Jan. I missed the goods mention'd; I saw them about a quarter of an hour before; I came to my door, and a person, who is now in court, came and described the two men to me, saying, one took them, and gave them to the other.

James Thompson . On new years day at night, Thomas Oakley and I happened to come down the old change, and on seeing this shop, Oakley said here is a fine mark; he bid me stand on the other side the way, he put his hand over the hatch and brought me over a jar, and put it in my apron; he went and brought me the other jar, then he went and brought the gally pots, we then went to Godard's house. Oakley took one jar, and I the other jar and gally pot; we carried them into his house and opened them; and we saw one was cucumbers, the other walnuts, the other anchovies; Godard bought them of us, we asked him two shillings for them, he gave us but one.

Q. Did he ask you where you got them?

Thompson. No, he did not, but he knew how we got them, as well as we did ourselves. He knew we went out to make that our prey, which we could lay hold on, my lord.

Q. What time did you take these goods?

Thompson. Between 7 and 8 o'clock, my lord.

Q. Did you see any body in the shop when you took them?

Thompson. No, my lord, I believe they were backwards.

Q. From Godard. Did I open them?

Thompson. No, we open'd them ourselves. He had dealt with us before for things we had stolen.

Godard. I never bought any thing of them but old iron.

Mary Saxton . I know Thompson and Oakley. I lived up stairs, and Godard had the lower part of the house. I let in Thompson and Oakley on new year's day about eight at night; they had under their arms two jars and a gally pot, they went into his kitchen directly and ask'd for Mr. Godard, but I went up stairs and saw no more of it.

Q. What does Godard do for a living?

M. Saxton. I know not, my lord, I have seen the prisoner Oakley, and Thompson the evidence, come pretty often there.

Godard. I don't know that woman's face.

Both guilty .

[Transportation. See summary.]

216. (M.) Judith Goatley , widow , was indicted for stealing one linen sack, value 3 s. one linen cap laced, value 4 s. the goods of Elizabeth Debree , spinster , Feb. 15 .*

Guilty 10 d.

[Whipping. See summary.]

217. (M.) Mary, wife of James Arnold , was indicted for stealing one pair of leather shoes, value 2 s. the goods of William Miller , Feb. 22 .*

Guilty 10 d.

[Whipping. See summary.]

218. (M.) Eleanor, wife of John Maclean , was indicted for stealing one pair of leather shoes, value 4 s. the goods of Richard Newton , Feb. 22 .*

Guilty 10 d.

[Whipping. See summary.]

219, 220. (M.) Joseph Wolf , and Robert Martin , were indicted for stealing eighteen damask napkins, value 18 s. two table cloths, value 2 l. 10 s. two holland sheets, value 10 s. one holland shift, value 5 s. one pair of stays, value 5 s. one pair of worsted stockings, value 1 s. 6 d. two linen aprons, the goods of Daniel Wright , in the dwelling house of the said Daniel , Feb. 9 .*

Elizabeth Wright . I am wife to Daniel Wright, he is in the country at work. I did live at Kensington Gore . I intrusted John Moulding , a soldier, with the key of my house to fetch some of my goods when he was not upon duty to my master's house, where I was gone to live in London; February the eighth and ninth he brought pewter and brass, &c. he brought all that was below stairs, and some things that were in the garret. My one pair of stairs room was lock'd, and I had the key.

Q. How long had you been come from this house?

Elizabeth Wright . I came from thence the middle of Nov. My drawers in the one pair of stairs room were broke open, and the goods mention'd in the indictment taken away.

[The two table-cloths, twelve of the napkins, and holland sheets were produced in court and deposed to.]

John Moulding . I was drinking with Joseph Wolf about a month ago at Downs's, the red Lion in Gardiner-lane. He said he had got a shirt in pawn, and did not know how to get it out, and was afraid of coming into trouble. (The two prisoners were soldiers.) I having the key of this woman's house, he persuaded me to go along with him to rob it: we went the same day and open'd the door, Wolf broke open the chamber door up one pair of stairs; then he got a hammer and chissel, and broke open three drawers, there being a bag of tools left in the house of Daniel Wright's, he is a sawyer; he took out a pair of stays, a holland shift, six damask napkins, and a damask table-cloth; then we lock'd the outside door, and went to St. Gyles's. Wolf gave a man, a stranger to me, the stays to pawn or sell, who went, and returned with 2 s. 6 d. he gave the man 6 d. for his trouble. We went to an old cloaths shop in Monmouth-street, and he sold the holland shift there for 2 s. after that we met with an old cloaths woman, to whom Wolf gave the six napkins to go to sell for him.

Q. Who was this woman?

Moulding. I don't know her, my lord; she sold them, and brought him 5 s. then we went to the two Brewer's in St. Giles's, and he offer'd the table cloth to the woman of the house; she would not buy it, so we went to the brown bear, and sold it for 8 s. and two full pots of beer. Going out at the door I met with Robert Martin , who ask'd me what I had been about, and I told him the whole; he said, I am sorry you should let such a fool as Wolf into such an affair, saying, if I had let him know of it, he could have pick'd the lock and made things secure, so that it should never have been found out. Then he and I concluded to go the next day without Wolf, but we were both upon duty at St. James's guard; and as we could not hire our duty of the corporal, we took leave, and deserted our guard, and went to this house at Kensington Gore. We took out a pair of holland sheets, twelve damask napkins, and one damask table cloth; then we came back again to St. Giles's, and from thence to a pawnbroker in Denmark-street ; Martin went in with the pair of sheets. The pawnbroker stop'd them, and told him, if he could bring any body to vouch for him, that he came honestly by them, he would lend him 10 s. 6 d. upon them: he went to one Jenny Monroe, a washerwoman, and they went back; I staid in her house. They return'd, and brought 10 s. 6 d. she said; but Martin said he had but a crown: he went out again, I believe, in about five minutes, with the damask table-cloth and 12 napkins, to pawn at the same place; when they return'd, they said they had got a guinea; so he gave me half a crown and half a guinea.

Q. Had you any share of what Wolf sold?

Moulding. I had, my lord; I had a shilling out of the stays, a shilling out of the holland shift, and half a crown out of the six napkins; and I had four shillings out of the damask table cloth we sold at the brown bear.

Q. Did you surrender yourself voluntarily?

Moulding. I discovered it to the serjeant last Tuesday se'nnight, and voluntarily delivered myself up to him. Joseph Wolf had been bragging of it, and I was afraid of being taken up. I did not meddle with any of the things either of the times going to the house, and I think Joseph Wolf is, of the two, a greater rogue than I.

Eleanor Gibs. I live at the brown bear, St. Giles's Moulding and another soldier came to my house, and I bought a table cloth of the other man for 8 and a full pot of gin hot; he said he had catch'd another man in bed with his wife, so he had sold all her houshold goods, except that table cloth. I cannot swear to any of the prisoners.

Mr. Harris. I am a pawnbroker, and live in Denmark-street, Martin came to my house on Saturday, the 9th of February, with a pair of sheets to pawn for half a guinea: he said his mother had sent them out of the country. I did not like the account he gave; then he went away, and brought one Jenny Monroe , and she told me she had known him seven years, and that he was a very honest man: I lent him the money. In about two hours after they came again, and brought a damask table cloth, and twelve damask napkins. I lent him a guinea upon them. He complained his wife lay in, and she said the same.

Q. Was any body with him the first time he came?

Harris. He was then all alone.

Wolf Acq .

Martin Guilty .

[Transportation. See summary.]

221. (M.) Richard Butler , was indicted for falsely causing and procuring, and willingly assisting in making and counterfeiting a seaman's will, with intent to defraud , Jan. 26 . ||

John Redman . I am clerk to the navy-office. He produced the Namure's book, by which the men are paid their wages.

Q. Where did you bring that book from?

Redman. From the Navy-office.

Q. Do you find one Thomas Williamson's name in that book ?

Redman. There is Thomas Williamson , able seaman on board the Namur.

Q. What wages were due to him?

Redman. Here is due to him about 38 l. he entered July 1, 1746, and the 13th of April, 1749, the ship was cast away in Port St. David's road.

Q. How do you know but he ran from the ship before ?

Redman. Here is no mark put down for run: it appears by this book he was able seaman on board this ship the time she was lost. Had he died before, or ran away, it would have been expressed in this book.

William Pinsent . I am clerk to Mr. John Smart , a proctor in Doctor's Commons. On the 29th of January the prisoner brought a piece of paper in his hand to our office, and desir'd I'd search the office, and see if Thomas Williamson 's will was proved, or any administration passed in the name of Thomas Williamson , of his majesty's ship the Namur. I had not time just then. He came the next morning, about ten. I told him I had not then searched, but if he would wait I would go and search; which I did, and told him there was no administration, nor no will brought. Catharine Gannon was then waiting at the Paul's head. The prisoner said the woman was the widow of Williamson, and had got a will. I desired him to bring it to the office, and I'd get her sworn. She came to my master's office, and produced the will, (I have it now in my hand;) he before had told me her name was Mary; she told me her name was Mary Williamson , she wanted to have a probate of this will. I ask'd her where she was married. She said at the fleet, and she had got a certificate at home. I carried her to Dr. Paul, and got her sworn; he administered the oath to her in the presence of Butler and me. I told them they should have the probate on Monday, the jurate is wrote on the back of the will, and Dr. Paul signed his name. On the Monday I went to the office to see if the probate was fill'd up. I was there told, there were four caveats enter'd. On the 30th of January the prisoner and the woman came again. I told them there were four caveats enter'd. They desired to know who they were enter'd for. I immediately went to the bishop of London's office. I found a caveat enter'd by one Mr. Hughs, a proctor, and another by Mr. Chafilen, and another by one Richard Lee , and another, by another person. I told them I had warn'd the caveats, and on Wednesday following I would know what had been done. I found Mr. Hughs had got another will, bearing date the same day; then I had a great suspicion of them. The next day Herne came to search for another will; I told him to bring the woman, saying, I was ready for her. They came accordingly, I took them to the Fleece alehouse; I tax'd them with its being a forgery, and that they must know it to be such : they denied it. Butler was there. I called him up and talk'd with him; he denied it. Upon this I carry'd them before my Lord Mayor. The woman confess'd Butler and Herne brought the will to her, and she was to have four or five pounds for coming to swear; and before my Lord Mayor she confessed she knew nothing of Thomas Williamson , and likewise swore, that Butler and Herne brought the will to her, and she was to swear, she was the executrix of the deceased; his Lordship thought proper to let us go to a tavern, to see if we could get something more out of them. We went to the Dog tavern ; there Herne and Butler both confessed, that the whole was but a forgery; that Herne wrote it in the presence of Butler, and that Butler wrote the name Thomas Brown , one of the subscribing witnesses to the will: this confession was made before the constable, Mr. Hughs, the proctor and myself.

Prisoner. I did sign it to be sure; Mr. Herne bid me make a, i and an o, &c. letter for letter; I did not think there was any hurt in that.

The will was read.

In the name of God, amen. I Thomas Williamson mariner, belonging to his majesty's ship the Namure, being of sound and disposing mind and memory, do hereby make this my last will and testament, &c. making my beloved wife Mary Williamson , of St. Paul's Covent Garden, sole executrix, &c. Dated Oct. 29, 1747.

Tho Williamson , his mark [x].

Witnesses, John Kelley ,

Thomas Brown .

Edmund Herne . [The will is put in his hand.]

Q. When did you see that will last ?

Herne. The last time I saw it was about the 26th of January in Doctor's Commons, and the first time I saw it was in December last, then the prisoner at the bar brought the blank to me, to fill it up in the name of Thomas Williamson , in order to obtain his wages, to get the probate out of Doctor's Commons; he got me another will to fill it up by. I wrote it by his directions, and if he got the wages, I was to have a full share, the woman was to have four or five pounds for her part, the prisoner was to have a full share after the expences we had been at were deducted.

Q. Who wrote Thomas Williamson his mark?

Herne. I did.

Q. Who wrote the name John Kelley ?

Herne. I did.

Q. Who wrote the name Thomas Brown ?

Herne. The prisoner at the bar wrote that.

Q. Are you sure of that ?

Herne. I am positively sure of it.

Q. Where was it done ?

Herne. At his own house, in Short's Gardens, next door to the Bull-head ; when it was done, I delivered it to the prisoner, he and I went then to Catherine Gannon's house; this was about the latter end of January, in order to get her to go to the Commons to obtain a probate of the will.

Q. Where is her house?

Herne. She lives in Higin-Lane ; she agreed to it, and went there by the name of the widow of Thomas Williamson , the prisoner at the bar and I directed her; they two went to the Commons and left me at the Paul's-Head ; they came to me again, and the prisoner said the woman was sworn, and that he believed it would be done. We were all stop'd on a Saturday morning, it was about the latter end of January or the beginning of February, I cannot be exact as to the day. We were together after we made the will almost every day; the woman knew the prisoner before she knew me; they were both taken before I was; then the people came to me at the Paul's-Head; I had a tankard of purl before me, they took me and carried me before my Lord Mayor, there the prisoner owned the name Thomas Brown on the will was his own hand-writing, and also at the Dog-Tavern before all then present.

Samuel Taylor . I am the constable; I took the prisoner up the second of February and had him before my Lord Mayor; I heard him own he wrote the name Thomas Brown on the will, and I remember he acknowledged it at the Compter to me again.

Catharine Gannon . The latter end of January the prisoner came to my house, he said I might as well do this as another woman that was to go along with him to the Commons, to swear I was the wife of Thomas Williamson , saying, he would give me four or five pounds the next time he came. I went along with him to Herne, Herne pulled out the will from his pocket, and bid me go along with Butler; I never saw the will before. We went directly to the Commons to Mr. Smart's office, and after that to the proctor's, I swore to that will as the widow of Thomas Williamson , Butler was present, I think there was a shilling paid. I and the prisoner went again on that day, they told me the probare was I heard the sister to the Mr. Hughs's house, and another man with the right will; I was then taken up, they desired me to tell the truth, which I did.

Q. Are you a married woman?

C. Gannon. Yes, I am, my lord. Butler was the first man that ever put me upon this way of life, saying, he could not get the money except he could get women to swear.

Guilty , Death .

222. (L.) Mary Smith , spinster , was indicted for stealing six yards of woollen cloth, val. 45 s. the property of James Councel , in the dwelling house of William Chamberline .

Dec. 15 . || Acq

223 (L) John Carr , was indicted for forging and publishing a false letter of attorney, and also for publishing it with intention to defraud .

Nov 22 +.

Hodgson Bailes. I formerly kept the Three-Tun Tavern, Crutched-Fryers. On the twenty first of November, betwixt ten and eleven o'clock, the prisoner applied to me to fill up this blank power of attorney, holding it in his hand, which I did; the writing is all my hand-writing, except the witnesses names and the name of Hardey.

Q. Was any body by when you did it ?

Bailes. No; we were alone.

Q. Where was it done?

Bailes. At the Three-Tun Tavern, in the room they call the Bacchus; he put it into his pocket afterwards.

Cross Examined.

Q. Who keeps the Three-Tun Tavern now?

Bailes. One Mr. Floyd, he was in the house then.

Q. Did you see a woman there, who called herself Harris?

Bailes. I did not as I know of; Mr. Carr had another power of attorney in his pocket, to the best of my knowledge it was filled up in the same person's name; he said that was blunderingly fill'd up.

Q. Are not you sometimes employed in transacting business this way; that is, in filling up powers of attorney?

Bailes. Yes, I am often; but I never fill'd up a letter of attorney for the prisoner before.

Q. Did he use to frequent this house?

Bailes. Yes, he did.

Q. Was he not known to be an agent for such persons that wanted such things to be done?

Bailes. I believe he was.

Q. Is this an office of intelligence?

Bailes. Yes, it is; they keep a prize-book to give strangers the best intelligence they can of prizes.

Q. Did you see the other letter of attorney?

Bailes. Yes, I did; I remember there was a remarkable word, which was Fivety, wrote at length.

Q. Was that duly executed before a proper magistrate ?

Bailes. I cannot tell; I do think it was.

Q. When he used to resort to your house, how did he behave?

Bailes. Very well.

Q. Do you think he is an honest man?

Bailes. I cannot say I think he is, because he did not pay me for what he had.

Q. Do you believe him to be a man of a fair character?

Bailes. Some people give him but an indifferent one.

Capt. Bowles. I know John Hardey , he was midshipman on board his majesty's ship the Monmouth. I am third lieutenant on board that ship.

Q. What is become of him?

Bowles. He was lost in attempting to board a French privateer the 20th of March, 1747-8, under the command of capt. Harrison; we were not in the fleet, we were alone.

Q. Had you any other John Hardey besides him, on board the Monmouth?

Bowles. We had not to my knowledge.

Cross Examined.

Q. Is a midshipman's pay and a foremast man's pay differently rated in the book?

Bowles. Yes, they are.

Hen. Curle. I was clerk to Mr. Mason, Mr. Brett, and the gentlemen that are in the prosecution.

Q. Who are the others?

Curle. Mr. Philip Stevens , Mr. George Stevens , and Mr. John Hay ; they were the agents to the captors for the prizes taken by admiral Hawke, in October, 1747.

Q. What day were they appointed?

Curle. The day I cannot say . I have been clerk to them ever since the fifth of January was twelvemonth; the prisoner at the bar came to our office between nine and ten o'clock the 21 of Nov. being the third Wednesday in the month, a day appointed to pay the money that was not demanded before; he said he had got some papers at the other end of the town, concerning the Oct. fleet, and that he would go and fetch them; I told him if he did not return before 3 o'clock, he could not be paid, the agents having given us orders to pay the money into the bankers hand, that is, Tiscoe, Willis and Read.

Q. Where is your office kept?

Curle. It is in Talbot-Court. Gracechurch-street ; the prisoner said he liv'd near Lincoln's-Fields, and I understood the papers were at his own house.

Q. Had you a man's name in your book, John Hardey ?

Curle. Yes sir, we had: he was at the taking the May prizes; the 3d of May in the same year he there was rated only common man; he there was intitled to 12 l. 6 s. 6 d. he was paid on board the Monmouth, Dec. 2, 1747, 7 l. 5 s. 6 d. and on the 7th of June, 49, Mary Harris his Executrix, received 3 l. 9 s. 6 d. and for the May fleet, there was a guinea and a half paid, that was June 30, 49, to the same Mary Harris , for the October fleet. He was made midshipman the first of August, 47, and there was due upon account 19 l. 6 s. 6 d. which was not paid to any body.

Q. Did the prisoner come to your office after this?

Curle. In the afternoon betwixt 3 and 4 o'clock he came again, and brought a letter of attorney; he brought two, one was executed before my Lord Mayor, made by John Hardey , he produced it to Mr. Sedding and me, as a very legal and good letter of attorney, being executed according to act of Parliament; we said to him, it was past the time, but if he saw any of the Agents, we thought he would be paid; we did not admit him to sign the book that afternoon: the next day he came between two and three o'clock Mr. Sedding was present, the prisoner said, he had seen Mr. Mason, one of the agents, and that he said, he was not against his being paid, and that Mr. Mason would leave a draught with Mr. Sedding for the money, which he said he would call for in a day or two; we did not dispute his word, for he had received money of us several times before; we let him sign the books at that time; the book produced, this was signing for both the payments, both making up 19 l. 6 s. 6 d. he left the letter of attorney with Mr. Sedding the 2d day of his coming; he came several times to the office, and asked for Mr. Mason, for the payment of the money: Mr. Mason came and desired me and Mr. Sedding, to tell him, that whenever the gentlemen met, they should see it, saying, he could not pay it till they had seen it; there was a day fix'd for their meeting. Tuesday Jan. 15. Mr. George Stevens and Mr Mason were the only persons attending. Mr. Carr came and insisted upon receiving the money, Mr. Mason told him, he believed it was a forged letter of attorney, Mr. Carr produced it, and said the woman Mary Harris was an honest woman, adding, in the open office, that she lived in good credit in the parish of St. George's Southwark; that she could have a certificate for her sobriety and honesty from some of the heads of the parish.

Q. Did you from his manner of speaking take this Mary Harris to be a woman he was acquainted with?

Curle. Yes sir, I apprehended he was. I was dispatched to the navy office to find out whether this man was dead or alive, or whether he was one at the taking the fleet the 27th of March 47, there I found he was drowned.

Q. Did you find any John Hardey besides one, on board the Monmouth.

Curle. No sir, I did not.

Cross examined.

Q. Has not Mr. Carr at other times received money at your office on powers of attorney?

Curle. Yes sir, he has.

Q. Did you ever hear his character was impeached before?

Curle. No sir.

Q. Has he not several times signed the books, and left it for two or three days, before he received the money?

Curle. Yes sir, he has.

Q. How many sail were there in this fleet?

Curle. There were nineteen sail.

Q. Is it usual for persons who come there, to leave their letters of attorney before payment?

Curle. No, it is not sir, but when he had left this, he had signed the books before.

Counsel for the Crown.

Did he not send a letter from the Old Bailey to your office?

Curle. Yes sir, he did on the Thursday, which time was appointed to receive the money, from the Old Bailey, saying he was obliged to stay there to give evidence upon a trial.

Counsel for the prisoner.

Did Mr. Mason. offer to pay him the money on the Thursday before he was taken up, and the prisoner then refused taking it?

Curle. Yes sir, he did refuse it, saying, he had been at the navy office, and informed himself the man was drowned three or four years ago.

Q. Did he not say he had been imposed upon?

Curle. No sir, I did not hear that.

Q. Did you hear him say he would not receive it for 500 l.

Curle. He did say so.

Counsel for the Crown.

Did he not say when he came with this power, he saw it filled up two or three days before?

Curle. I can't say I did hear that.

Counsel for the prisoner.

For what reason do you think Mr. Mason offered to pay him the money?

Curle. As he had sollicited several times for payment of it, Mr. Mason was very willing to punish him.

Coun. for the prisoner. The Papers he speaks of, did he say they belonged to this Hardey?

Curle. No, he did not say they did, sir.

Council for the Crown. Have you always the persons names on your books that serve on board such ships?

Curle. We seldom have any men's names on our books except what are killed in action or drowned?

Q. What was the date of this letter of attorney ?

Curle. It was dated the 21st of Nov. the same day it was produced.

The letter of attorney was read.

Know all men by these presents, that I John Hardey , late of the parish of St. George's Southwark, but now on board his majesty's ship the Monmouth, &c. in the common form, making Mary Harris , Widow, of the same parish, executrix.

Dated Nov. 21. In the presence of John Sharp .

Re-executed before Fran. Cokayne, Esq; Mayor.

Curle. Those that are made in London, are made in this manner, there is an act of parliament that they should be re-executed by the Mayor of the corporation where they are made.

John Sedding . I am clerk to Messrs. Mason and comp. I was in the office the 21st of Nov. last, the prisoner came on that day, between three and four o'clock in the afternoon, he produced a letter of attorney, as a lawful good one, made to Mary Harris in order to receive John Hardey 's prize-money of the Monmouth; I told him I had just paid the money into the hands of the banker, and it could not be paid that day, but if he saw any of the agents, I did not doubt but he might be paid any day. The next day he came to me and told me he had seen Mr. Mason, one of the agents, and that he said, he had no objection to its being paid, and that he would leave a draught with me for the money. I let him sign the books for the prize monies, he left the letter of attorney with me; in two or three days after this, Mr. Mason and the prisoner met, I was there, Mr. Mason asked him, why John Hardey should make a letter of attorney, when he might come any day of the week and have the money himself? his answer was, that Hardey was greatly indebted to Mrs. Harris, and that he was in goal on the account thereof. Mr. Mason proposed then, to send me to the goal, in order to get him to own his hand writing; then the prisoner made answer, he was not in goal now, but that he had been. Mr. Mason asked him if he knew this Mary Harris , and where she lived; he said, he knew her, and that she lived at the parish of St. George's Southwark, and that she could have a certificate from the officers of the said parish, for her honesty and sobriety. He then asked, why she could not come herself? Mr. Carr said he had advanced her some money, but what I cannot say.

Q. Did he mention the particular goal, Thomas Hardey was in?

Sedding. I don't remember he did, but by his expression, it appeared to me, Hardey was in goal at that time, between the 21st of Nov. and the 15th of January; the prisoner sollicited several times to know if my master had left a draught for the money; on the 15th of Jan. he came and demanded the money due to John Hardey ; Mr. Mason argued with him, and told him it appeared like a forgery; then Mr. Mason dispatched a messenger to the Navy-office, to see how he stood upon the books there; as soon as he was gone, Carr said, he had business to do, for which reason he could not stay till the return of the messenger, so he went away; he seemed then to be in a confusion; the messenger returned and brought a notation from the office, that John Hardey was drowned in the year 47.

Q. How long was the messenger before he returned?

Sedding. He returned in about half an hour at farthest; when the prisoner came again, there was a draught ready for him; Mr. Mason was there; then he said, he would not receive the money.

Q. Was you present, when he was carried before the sitting alderman?

Sedding. I was, but I don't recollect the day.

Q. What did he say concerning Mary Harris there?

Sedding. Then he said, he did not know her or where to find her.

Cross examined.

Q. What day was the letter of attorney left with you?

Sedding. It was left the 22d of Nov. when he signed the book.

Q. Then from that time to the 15th of January, he still continued to come to your office for the money?

Sedding. Yes sir, he did.

Q. Did he say he'd go himself to search the books?

Sedding. I don't recollect he said he'd go himself?

Q. Did he come to your office after this, without being sent for?

Sedding. Yes sir, he did; and said he had been to search the books, and found the man was dead.

Q. Did Mr. Mason offer to pay him after that?

Sedding. Mr. Mason did, and he refused it.

Q. What did he say concerning Mary Harris , recollect as near as you can?

Sedding. He said, he did not know where to find the woman, and that he did not think he should know her, if he saw her; and that he had given her some money upon the account of that letter of attorney.

Cross examined.

Q. Did you not hear him say in in your office to Mr. Mason, if you have a warrant against me, I desire you would execute it, I'll go wherever you will?

Sedding. I do not remember I heard him say so.

Q. to Curle. Do you remember the prisoner saying so?

Curle. No, I do not.

Edmund Mason . I am one of the agents appointed by the squadron under the command of Sir Edward Hawke , upon the account of taking six French men of war the 14th of Oct. 1747. the first distribution was in Feb. 1748. the second in 49, and their claims that were not paid on that day were to be paid on a monthly day for three days from the date of the first payment. On the 22d of November Mr. Carr applied to me at the Navy-office, and told me he had applied the day before, which was the third Wednesday in the month of November, the day of payment, and had been told by the clerks there was not money to pay him. I having the day before given to the clerks a draught of fifty pound, I was surprised they should make that excuse. About two o'clock the next day, which is the time I go to look into and settle the accounts, I told my clerk what he said; my clerk said he told him he came too late, but as he had applied on a proper day, though after the hour for payment, that at any future time he should be paid the money, himself being present at the office. The next morning, being the 23d, the clerk brought me the letter of attorney, and a notation from the prize books of the Monmouth, and in consequence of the orders they had signed by Mr. Carr, they had given him leave to sign the books: he had left the letter of attorney, which the clerk delivered to me, signed John Hardey , made to Mary Harris , they had not paid him the money. The next time Mr. Carr and I met I told him I was surprized he had imposed upon the clerk with a false message; I observed the letter of attorney was dated November 21, the very day the recal was to be. I thought it was extremely odd, to think a man should be at the expence of executing a letter of attorney, when he might have come, not only then, but any time of payment, and receive that money. I made these observations to the prisoner. Upon this his excuse was, do you observe it is made to Mary Harris ? I do, said I; said he, he was indebted for lodging and other things to Mary Harris ; said I, how could she secure him from coming for his own prize money? upon which he said she prevented him; said I, can she lock him up? He immediately said the man was in gaol ; upon which I proposed, that the clerk should go to him and ask him if this was his handwriting ; then Mr. Carr replied he was let go. I began to inquire into the character and circumstances of Mary Harris , and said, when she was before my Lord Mayor with it, it is very odd she should pass by the end of Talbot court to go to seek for a person to receive this money for her: he said he could not tell her reason for that; he said he had a letter of attorney, and that upon signing the books he had a property in it. I said, what property? said he, I paid the woman the money, or some of the money, I will not pretend to say which; as some of the prize money had been paid on board the ship, I did not doubt but I could find the man's hand-writing there. Upon which I ordered my clerks to look over the prize list. I found the first payment was paid on board to the party himself, and that he had wrote his name. We compared it with that on the letter of attorney, and we found not the least similitude of hands. Upon which I observed to Mr. Carr, how can you bring a thing of this sort as a credible thing, desiring him to look upon the writing, &c. See what a contradiction here is; but, said I, let us see what is become of the second and third shares; I looked, and found the second and third shares had been paid to one Mary Harris : said I, here is confusion upon confusion, one was signed Mary Harris executrix, the other Mary Harris attorney; he said it must be a mistake of our clerks noting executrix for attorney, not, said he, as I knew she ever received any before. Upon this I began to look to see if they were paid on the same day, and found the second and third payments were paid upon different days, and different clerks attested it. Said I, two clerks can never mistake; said he, I do not think but there must be some mistake still; said I, it is a very odd thing. Said he, I will ask Mary Harris if she has received any such money before. He came to me two or three different times; we overhawl'd the books. In some future time he came to me and told me, she says she has received none; he produced a written order from Mary Harris for us to pay the money. His solicitations were continued from time to time, with saying, he was surprized I should give him so much trouble, and that the said Mary Harris was of good credit, and he could bring the best sort of people in the parish to vouch for her character. I desired the clerks in the office to write to two or three gentlemen that live at the other end of the town, and I would speak to some other gentleman to look into these things to consider what must be done. I also told Mr. Carr he must wait till the gentlemen came, and if he did not like that he might proceed which way he thought proper. After this Mr. George Stevens came to the office, and Mr. Carr came in that instant, so that I told the story to Mr. Stevens in his hearing, and I also laid the books before him. Mr. Carr had then the letter of attorney in his possession; he produced it, Mr. Stevens was comparing that hand to the hand in the books, and looking upon the name Mary Harris , when it came into my head, that by sending for a notation to the Navy-office we should find whether that Hardey was an able seaman in May 747, and whether he was a petty officer in October 47, and also whether he was dead or alive; so with my own hand I wrote a note to the clerk of the Navy-office, and sent it away immediately. Mr. Carr said, I am obliged to be at the change and cannot stay. The clerk returned and brought a notation, that the man had been able in May 47, rated a petty officer in August 47, and that he died in the March following, on boarding a privateer, upon which the whole affair came out to me. I was at that instant convinced the letter of attorney was a forgery, so I wrote to my attorney to know what must be done. Carr was with me on the Wednesday about dinner time, and he was to come again the next day for a final answer, whether the money was to be paid or not, and before he went away I prevailed upon him to leave the letter of attorney with me. On the same day I had message from him, that he would come about two o'clock, and stay at the three Tuns till five. I sent word I would meet him about two o'clock, this was on Thursday. My attorney came in the morning, he advised a prosecution; Mr. Brett one of the agents came in at that instant, and was made acquainted with the whole affair; he applied to the sitting Alderman for the apprehending Mr. Carr, and the agents and constable were there in expectation of him; but instead of coming he sent me a letter from the Old Bailey, dated half past one o'clock, giving an account he was there to give evidence on a trial; I suppose the affair of Hugh Dunn *. So the constable was dispatched at that time, and the gentlemen went away: but we were told it was necessary to let him receive the money if he pleased, so I thought it would be better to suffer by a payment of that sort in order to make an example of him, than to let him go unpunished for attempts of this sort. On the Friday I was there with the constable at two o'clock, which was the time Mr. Carr was to come there. I was in the inward office by myself, Mr. Carr came there, and was shewn in to me; he came in and told me here is the order from Mary Harris . Mr. Sedding had a draught for 19 l. and was to give him 6 s. 6 d. in cash. I think Mr. Carr was in a good deal of confusion at that time. He said if the woman comes to the office, I desire that you will say the money was paid; said I, I don't design to keep a publick office to tell lies for you; said I, will you take the money? No, said he, I know better; then I took him into the inward room, and told him it was found out. He not taking the money, I let him go about his business, and told the constable not to execute his warrant, as I had none of the other agents with me. I met all the gentlemen at night, and told them the affair: they were determined and thought it their duty to prosecute him, then the constable had an order to put the warrant into execution on the Monday. The prisoner was taken up on that day and carried before the sitting alderman, when the alderman asked him how he came to vouch for the woman: he said he had seen Mary Harris once or twice, but he knew nothing of the woman. I think they are his words.

* See Number 106 of the last Sessions Paper.

The order from Mary Harris produced.

Mason. This order he left on Friday the 18th of January, here is my mark upon it. The order read to this purport.

24th of Nov. 1750.

Gentlemen,

Please to pay to Mr. John Carr the money due upon two powers made to me, for John Hardy and Thomas Bishop , this shall be your discharge, and greatly oblige

your humble servant, Mary Harris .

To Messrs. Mason and Co.

Mason. There was letter of attorney for Bishop, on board the Devonshire, offered by him when he brought the other from Mary Harris . Before he talked thus before the alderman I did believe he had often interviews with this Mary Harris and I really did understand from his talk John Hardey was in gaol, or I had not proposed to have sent a man to him. I remember I said to him, when he had got the papers in his hand, how came you to be so generous as to trust this woman with 19 l. upon the bare face of a letter of attorney? His answer was, I have done it.

Cross examined.

Q. You ask'd the prisoner why this man could not come himself. What was his answer?

Mason. He said the man was, or had been in goal.

Q. Is it not a usual thing for women in this sort of business to employ persons to receive money for them?

Mason. It is, Sir, but it is very unusual for people to pay poundage, which out of 19 l. must cost 19 s. and they themselves pass by the end of the court where it is to be paid to seek for a person to transact this business for them.

Q. Do women who have got such powers frequently come themselves?

Mason. I have seen women that live upon the spot frequently coming, persons that live out of town frequently employ persons to come for them.

Q. Whether you in your conscience think, that if the prisoner knew it to be a forgery he would have continued his sollicitations ?

Mason. He did do it.

Counsel. That is not an answer to the question?

Mason. I do think him all along knowing it to be such by the circumstances that attended it.

Q. Did he not willingly leave the letter of attorney with you?

Mason. I got it from him at last with some reluctancy; when I ask'd him to leave it, he said he believed it not to be necessary to leave it; said I, it is necessary, &c.

Q. Did not you say you would have given the 19 l. to have had him?

Mason. I don't remember I said them words, but we were advised to let him take it, and thought it necessary so to do, that he might be brought to justice.

John Stevens . Mr. Mason sent for me to come to the office about the 15th of January, he said here is a parcel of Irish fellows that are going about to rob us; at the same time Mr. Carr came in and gave me the power of attorney into my hand; we turned over the books and compared the hand writing, we found one Mary Harris sign'd her name at length, the other makes her mark. Mr. Carr stood behind me, and said he could bring a number of gentlemen in the parish of St. George's Southwark that can speak to her character, saying she is a woman of reputation: at that time he had not brought the certificate; I said, why don't you bring an order to receive the money, he said he had brought one, and it was in the office; we look'd and could not find it: then Mr. Mason proposed to send to the Navy-office to enquire about Hardey, and in the mean time the prisoner went away, saying he could not stay. He afterwards brought the order under the woman's hand.

Mary Harris . I live at Woolwich, I was born there.

Q. Did you know one John Hardey , who was on board the Monmouth?

M. Harris. I did, Sir.

Q. What is become of him?

M. Harris. He has been dead three years the 21st of this month, he made a will. [She produced the probate of it.] I am the executrix, I have received two payments of his wages.

Q. When was the will dated?

M. Harris. It was dated, Feb. 8. 1743-4.

Q. What was this John Hardey ?

M. Harris. He was a midship man the latter part of the time.

William Wiffin . I am beadle of St. George's parish, Southwark.

Q. How long have you been beadle of that parish?

Wiffin. About three quarters of a year, but I have lived in the parish almost twenty years.

Q. Do you know one Mary Harris in that parish?

Wiffin. I do. She lives in White-street.

Q. How long has she lived there?

Wiffin. She has lived there above nine or ten years.

Q. Is she a married, or a single woman?

Wiffin. She is a married woman.

Q. Do you know any other Mary Harris in that parish?

Wiffin. No, I do not.

Q. If there was any other that lived in reputation in the parish, do you think you should have known her?

Wiffin. Yes, Sir, I think I should.

Mary Harris . I live at the sign of the Faulcon, a publick house in White-street, St. George's parish, Southwark.

Q. Are you a married woman?

Mary Harris . Yes, Sir, my husband is here.

N. B. In a few days will be published the second part.

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 27th, Thursday the 28th, of February, Friday the 1st, Saturday the 2d, and Monday the 4th, of March.

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

BEING THE Third SESSIONS in the MAYORALTY of the

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

PART II. of NUMBER III.

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 Mary Harris .

Do you know any other Mary Harris in that parish where you live?

M. Harris. I know one more, she is no housekeeper, she is a pin header.

Q. Did you ever see the prisoner at the bar before now?

M. Harris. No, Sir, I never did to my knowledge.

[She is shew'd the two papers, the false letter of attorney and order.]

Q. Did you ever see these papers before?

M. Harris. No, Sir, I know nothing of them.

Q. Did you ever hear of one John Hardey on board a man of war?

M. Harris. No, never in my life.

Cross examined.

Q. When did you see that Mary Harris the pin header?

M. Harris. About a year ago, I believe she lodged at the sign of the Thatch'd house in Mint-street.

Q. What size woman was she?

M. Harris. Much such a little woman as I am.

Q. How old was she?

M. Harris. About thirty years of age.

Q. Is she a married woman, or a widow?

M. Harris. She is a widow, her husband died abroad.

Q. Is Mint-street in the parish of St. George's?

M. Harris. It is, Sir.

Q. Have not you seen her lately ?

M. Harris. No, not to my knowledge these 12 months, I believe she lives in St. Mary Overy's parish now.

Q. Do you know what station her husband was in on board a ship?

M. Harris. I don't know.

Prisoner's Defence.

I am a person who have transacted this sort of business some time, the woman applied to me with a power of attorney, executed before justice Clerk in the Borough, I told her that would not do. I told her it would be better for her to have it done right, saying, it would cost her but half a crown to have another executed before my Lord Mayor; it was delivered to me, I had no view of any advantage in the world in it: as soon as I found it out to be a forgery, I applied to Mr. Mason, and told him I would not take the money, saying, I found I was greatly imposed upon. I know it was impossible for this man to come to life to make this power of attorney, when I found out he died such a time; I never kept out of the way, being conscious of my own innocency.

For the Prisoner.

William Floyd . I keep the three Tun-Tavern, Crutchet-friers, the prisoner at the bar has frequented my house ever since I have kept it, that is eighteen months next Lady-day. I keep a kind of an Intelligence-office, my house is a thorough fare to the Navy-office, as men have recourse there to know when they are to be paid; there is a prize book kept in my office for intelligence of this nature, when and where to be paid; Mr. Carr is an agent concern'd in that kind of business, and I never heard any thing to his disreputation before this, he always kept good company and behaved well before me. I remember on November the 21st a woman came to my house, as there is every day, twenty, thirty, or forty men, women and boys, come into my house to ask questions, pray where is such a ship paid, &c. When any body comes to employ a person in this way, as there are several that do the same business as Mr. Carr does that use my house, I deal very impartially with them, I take the first, Mr. Carr happened to be at the bar the very time the woman said she wanted an agent to recover some prize money for the October fleet; I made her answer, that man was as fit a man as any I knew: then I called Mr. Carr, and told him there was such a woman who says she has some prize money due by a letter of attorney, and she would be glad if you will assist her in it.

Q. What time of the day was this?

Floyd. This was a little after ten o'clock.

Q. Did they seem to be acquainted?

Floyd. No, they did not, she gave him a letter of attorney, which was but indifferently fill'd up.

Q. Did you read it?

Floyd. No, I did not, but I just look'd at it; said he, Madam, I think this letter of attorney will not answer your purpose, I don't think it will do for the receiving the money, and that you had better have another executed before my Lord Mayor. She had another drawn up, Mr. Hudson Bayles fill'd it up, I can't say I saw him fill it up, but I remember I heard the prisoner say he fill'd it up; the woman call'd herself Harris. Mr. Carr and she were together may be about an hour, or an hour and a quarter sitting at a little deal table that fronts the door, they had half a pint of white wine, and a gentleman an acquaintance of Mr. Carr's came in, and the woman ask'd the prisoner to go with her into the Borough of Southwark to John Hardey , to have him sign this letter of attorney; he said he could not, but he desired his friend to go to see him do it.

Q. What was that friend's name?

Floyd. His name is Edward M'clean, they went out together, and I remember she return'd to my house again between two and three o'clock. We were at dinner, and Mr. M'clean came along with her; Mr. M'clean call'd for one of my drawers, and Mr. Carr was call'd out to Mrs. Harris and him; what pass'd then I cannot say. The day following I think she was at my house, and sat in one of the boxes in the kitchen, Mr. Carr was in the house at that time; I had ask'd Mr. Carr if he could oblige me with some money, he made answer and said he had just lent Mrs. Harris ten Guineas, and could not.

Q. Did you see him give to her ?

Floyd. No Sir, I did not, this talk was in Mrs. Harris's presence, that he told me this.

Q. There is an order has been produced here to Mr. Carr, to empower him to receive this money on the letter of attorney; do you know any thing of it?

Floyd. I saw Mrs. Harris sign an order.

Q. When was it signed?

Floyd. It was signed I think on the 24th of Nov.

Q. How do you recollect it to be the 24th of November?

Floyd. I believe every word in that order is my own hand-writing, excepting the woman's name.

Q. What day of the week was this?

Floyd. It was on a Saturday, it was marked by Mary Harris , and I witnessed it.

Q. How do you know her name was Harris ?

Floyd. I never heard her called by any other name.

Q. How many times did you see her?

Floyd. I saw her twice the first day, and again on the Saturday.

Cross examined.

Q. Do you frequently write those kind of papers for all strangers that come to your house?

Floyd. Yes Sir, I do.

Q. Did you not ask this woman, where she came from, or who she was?

Floyd. No, I did not. But I heard Mr. Carr ask her where she came from? she made answer, from some part of the Borough, St. George's Parish.

Q. What age did she appear to you to be?

Floyd. A middle aged woman.

Q. Did you ask her how she came to be entitled to this thing?

Floyd. No Sir.

Q. Did you ever hear of John Hardey or her, before that time?

Floyd. No, I never did.

Q. Was not you acquainted with one Hugh Dunn ?

Floyd. I have seen him, he was clerk to Mr. Kelley, the attorney.

Q. Do you know the woman was an acquaintance of this Hugh Dun ?

Floyd. I cannot say.

Q. Was there no discourse at that time, that the woman had been acquainted with Dunn?

Floyd. I never heard her mention his name in my life.

Q. How long have you been acquainted with this Mr. Barry ?

Floyd. He is a neighbour of mine, he lives in Fenchurch street.

Q. What countryman are you?

Floyd. I am an Irishman born in Dublin.

Q. How long has Mr. Barry been in England?

Floyd. He was here before I came, sir.

Q. Did you see a woman in company with Barry and the prisoner, that went by the name of Harris?

Floyd. No, I did not, sir.

Q. Were there any other papers delivered by her?

Floyd. Not as I know of, sir.

Q. You have much hurry of business some part of the day, have you not?

Floyd. Yes sir, our hurry of business is from ten in the morning to four in the afternoon.

Q. Then it is from the time the woman came in with the power of attorney, to the time she went away, is it not?

Floyd. Yes sir.

Q. Do many people use your house?

Floyd. You'll see a hundred people in my kitchen in a morning, my kitchen is a very large one.

Q. You say you drew up that order for her, did you?

Floyd. I heard Mr. Carr say, they would not pay him without an order, then I drew that order for her.

Q. Did you write the name Thomas Bishop in it? pray explain the meaning of that, you say there were no other papers whatsoever.

Floyd. I remember, I mentioned Thomas Bishop ; there were two powers of attorney, I had the account from Mrs. Harris and Mr. Carr, to enter it in that manner; I saw no papers but Hardey's.

Q. How comes it you remember so particularly this transaction?

Floyd. It came fresh into my mind, by hearing so much talk about it.

Q. Did you ever see this Mrs. Harris at your house after she had signed the order?

Floyd. No, I never did.

Edward M'clean. I was at the Three-Tuns, the house of Mr. Floyd, on Nov. 21. I know the day of the month by having a draught upon Mr. Cowder, he belongs to the China works at Bow.

Q. Did you see any people there that day that you knew ?

M'clean. I saw numbers of men and women there that day. I went in to have a gill of wine. I saw the kitchen pretty much crouded; Mr. Carr was sitting at a square table, and I saw a woman in company with him; he asked me if I would drink; I said, I came in upon that design; he desired I would sit down with them.

Q. Did you hear the name that woman went by?

M'clean. Mr. Carr drank to her by the name of Mrs. Harris; some time after this, he requested I'd go to one Hardey, to see a letter of attorney executed before my Lord Mayor.

Q. Did you go, sir.

M'clean. I did sir, into the Borough to a place about the middle part of the Borough to a little place facing the King's bench.

Q. Who did she say she was going to?

M'clean. She said she was going to one John Hardey ; she desired I'd call in at a publick-house, and she would come to me in a quarter of an hour.

Q. What house did you go in at?

M'clean. I think it was the sign of the Red-Cross, she said, he was afraid of being arrested: she returned to me in the publick-house, and said the man was ready for me; he stood at the corner of the door. I asked him, if he would come in and drink, she said he was affrighted out of his wits, fearing he should be arrested. We went down the Borough, she went before for some time, and the man was particulary more uneasy than the woman, we turned down to the water-side, to St. Mary Overy's ; then we crossed over the water, and landed at the Three Cranes, and went to my Lord Mayor's Hall, some of the Gentlemen ask'd what the business of that man was? he said, he came to execute a letter of attorney; there was a fattish man which was called for. I walked up and down the hall, and saw them execute this letter of attorney, and he witnessed it, and the man gave him a shilling. Then he went upon the right hand, and came out and gave it to Hardey, and Hardey gave it to the woman, and begg'd of her, she would be as expeditious as she could possible.

Q. Did you see it signed there?

M'clean. I saw the clerk very busy in writing; I ask'd her, what was the reason he could not come to Mr. Carr himself, and she asked me, if Mr. Carr was an honest man? I told her he was; we came back to the Three Tuns, and one of the waiters told me, Mr. Carr was in the house. He was in a back parlour, I sent in, and told him, wanted to speak with him; he said we have done dinner, I am sorry you did not come sooner; he asked me if I saw it done? I said yes; she gave it to Mr. Carr.

Q. What are you?

M'clean. I keep a s tocking shop in Cecil's-Court, St. Martin's parish; I moved there this quarter,

Q. How long have you been in England?

M'clean. I have been in England 16 years.

Cross examined.

Q. How came you to be at the Three-Tuns that day?

M'clean. I being acquainted with Mr. Floyd, called in, to take a gill of wine.

Q. Did you keep a stocking shop then?

M'clean. I was at that time in partnership with another man.

Q. How long have you lived in Cecil-Court?

M'clean. I came there the Monday after Christmas?

Q. Did you come into the Three-tuns before the woman came in?

M'clean. The woman was with Mr. Carr when I went in.

Q. What time did you come there?

M'clean. I believe I came there after eleven o'clock.

Q. In whose hand did you see the letter of attorney first?

M'clean. Mr. Carr gave it to her, to carry to this Hardey.

Q. Do you know how he came by it?

M'clean. I don't know that, sir.

Q. Which way did you go from thence into the Borough?

M'clean. We went over London-bridge, and crossed the water back again.

Q. Did the woman tell you where he lodged?

M'clean. No sir, she kept that secret.

Q. Did you inquire were the woman lodged?

M'clean. No, I did not.

Q. What size man was he?

M'clean. He was a man of a middling stature, and wore a blew jacket.

Q. Did you make any inquiry what offices he had been in on board?

M'clean. No, I did not.

Q. Which way did you go from my Lord Mayor to Crutched-Friars?

M'clean. We came up Thames-street.

Q. Did you ask the woman why she did not go to Mr. Mason's office ?

M'clean. Yes, I did, and she said she was afraid of being arrested.

Q. Was not you desired to witness the will?

M'clean. No sir, I was not.

Q. Did you see it witnessed?

M'clean. I saw a man take a pen and ink, and write.

Q. Did you see him deliver it to the woman after that?

M'clean. Yes, I did sir.

Q. Did you see her give up the power of attorney to Mr. Carr?

M'clean. Yes sir, I did.

Q. Have you ever given yourself any concern, to go to look after the woman?

M'clean. No, I have not.

Counsel for the prisoner.

I think you have received a pretty quantity of money lately for yourself?

M'clean. Yes sir, I have received a hundred and thirty pounds of Mr. Belcher for prize money, and I expect more.

William Barry . He is shewed the order.

Q. Do you know any thing of this?

Barry. I am a subscribing evidence to this order, I saw a woman who called her name Mary Harris make that mark upon it; my time was very short, and I witnessed it.

Q. How came you there at that time?

Barry. I came there by accident. I believe I did not stay there above 10 minutes.

Cross examined.

Q. Was you before the alderman?

Barry. Yes I was.

Q. Did you write your name there before him?

Barry. Yes I did, once or twice.

Q. Did the names you wrote appear to be similar to this?

Barry. I fancy they did.

Q. Was it thought so there?

Barry. I had not three words to say there. I asked the alderman to shew it me, he did not.

Q. Pray what are you?

Barry. I deal in wine and oyls from Leghorn. I live in Magpye alley, Fenchurch street.

Q. How long have you known Mr. Carr?

Barry. I have known him about two years.

Q. How came you to subscribe as a witness?

Barry. I was asked so to do.

- Humphries. I remember Mr. Carr leaving an order at Mr. Mason's office the 18th of January. I happened to meet Mr. Carr at the Portugal coffee-house, he told me he was going down to Talbot court, and asked me to walk along with him; I went into a Tavern in Talbot court, I sat there a little time, and he came and told me Mr. Mason had detained the order. I told him if Mr. Mason would acknowledge it, or give a receipt for it well and good. I went with him there; Mr. Mason asked Mr. Carr if he would receive the money; No, said he, I know better. Why so? said Mr. Mason. said he, since I have been here last I went to the Navy-office and searched the books, and there I understand John Hardey has been dead two years ago, and therefore he said he believed he was imposed upon by that power of attorney, therefore, said he, I will not receive the money. Said Mr. Mason I had rather than fifty guineas you had taken it, at which I laughed. Mr. Mason looked very sternly at me, Sir, said he, it is no laughing matter; said I, I cannot help laughing at your zeal for taking an advantage of a person. Then Mr. Carr told him, he apprehended he had got a warrant against him, and said, if you have one pray execute it now; and if you do not I shall be upon change every day, or at the Portugal coffee-house. I find, said Mr. Mason, you have been taking advice, and I'll take advice as well as you.

Q. Did Mr. Mason say he had a warrant?

Humphries. I don't know that he said he had.

Q. to Mr. Mason. Do you remember this witness being there at this time?

Mason. I do, Sir.

Q. Did you say the words he mentions?

Mason. I do think I did not.

Q. to Humphries. What are you?

Humphries. I am an attorney of the Common-pleas.

Q. Where do you live?

Humphries. I live in Wine-office court, Fleet-street.

Q. How long have you been in England?

Humphries. Between 8 and 9 years.

Q. How many actions have you brought on in that court?

Humphries. I never brought on one.

Q. to Curle. Was there a warrant at this time the last witness speaks of to take the prisoner up?

Curle. There was, and Mr. Nash was there present.

Q. Did you hear Mr. Mason say he had rather than fifty guineas that Mr. Carr had taken this money?

Curle. I did hear Mr. Mason say so.

Richard Nash . I am one of my Lord Mayor's marshals, I had a Warrant to take Mr. Carr up, I went to the coffee-house and inquired what time he would be there, the waiter told me he would be there about one o'clock. Mr. Carr was there. I think it was the 21st of January, I desired him to go along with me; he did.

Q. from the prisoner. Was I unwilling?

Nash. He was not, but if he had, I did not doubt but to have managed him.

Q. from the prisoner. Did not that evidence admit me to go into the coffee-house as we were coming along?

Nash. I did not. I stood with him at the door about a minute. The prisoner desired to have a coach, so I had one.

Charles Carthew . I have known Mr. Carr but about half a year or three quarters. I heard a very good character of him before he came into our neighbourhood, or he would not have had that house there.

Q. What is his character?

Carthew. I believe him to be a man of a tolerable or very good character.

Q. What business is he?

Carthew. When he took the house he was represented to me as a wine merchant.

Fra. Carthew. I live next door to my brother, I know nothing to the contrary but he is an honest man.

Cross examined.

Q. What is his general character?

Carthew. Since this misfortune people have been talking of him, but I don't know his general character. I have known him but about six months.

Mr. Long. I have known the prisoner almost two years, I know nothing of him but honesty. I live in Great Wild street. I am a master taylor, I have worked for him, he has paid me very honestly.

Tho Adlard . I live in Stanhope street, and am a master taylor; Mr. Carr lodged in my house a year and upwards. He came to me the 25th of March 49; he behaved very well, he dealt with me and paid me like a man of honour. He behaved soberly, as a man of honour. I do not know what you call sober, I never saw him drunk.

Jacob Rample . I have known Mr. Carr these three years. I live in Blackmore street, near Clare market, and am a baker, he lodged in my house, he used me very well, and paid me very justly and honestly for what he dealt with me for.

Cross examined.

Q. What was his general character?

Rample. I don't know what he was, he dealt just and fair by me. I heard he had been at sea.

Q. When did he first come to your house?

Rample. Last Lady day was two years.

Edmund Rush . I have known the prisoner about three years. The character that I always heard of him was very just; he sold brandy, rum and wine.

Mr. Bassin. I keep the Spread Eagle coffee-house, Bridges street near Covent Garden, I have known the prisoner between two and three years. He dealt with me in brandy, rum and wine; he was recommended to me for an honest man, and I have found him so, and I never heard any thing amiss of him.

Samuel Hill. I have known him about three years or a little better, and never heard any thing amiss of him before this. I am a razor maker and live in Clare court, Clare market; he has bought several things of me, and recommended to me several customers.

John Finley . I have known the prisoner about eight or ten years, he has a very good character; he deals in wine, rum and brandy; he was in that trade when I first knew him.

Cross examined.

Q. Has he been in England ever since you knew him?

Finley. He has.

Q. Have you known him and been acquainted with him all the time?

Finley. I was out of England three years and seven months.

Q. Did you ever hear he was out of England?

Finley. If he was out of England then I cannot tell.

Joseph Silver . I am steward to the Portugal ambassador, I am a Portuguese, I have known Mr. Carr these eighteen or twenty months, and have dealt with him in rum, brandy and wine. He has a very good character, I never observed any thing bad of him.

Geo Ebe . Pewterers. I live in Cow-cross. I have known Mr. Carr these two years, I have had dealings with him in goods my way: I am a pewterer and Brazier, he has dealt always very honourably and honestly with me. I never believed he would be guilty of a forgery.

Martin Eakey . I have known Mr. Carr these six years. I am a victualler and taylor. He is a man of a good character, and charitable every other way: I have bought liquors of him, I cannot think he would be guilty of forgery. He has been off and on these six years and upwards at my house.

Cross examined.

Q. Do you know he has been on board a privateer ?

Eakey. I don't: but he has been concerned that way.

James Carril . I believe I have known the prisoner seven years. I never heard any thing amiss of him.

Cross examined.

Q. What are you?

Carril. I am his brother-in-law, and a perriwig maker. I believe he is as honest as any gentleman here.

For the Crown.

Jos. Hughs. I am proctor at Doctor's Commons. I have known Mr. Carr about two years, I have always looked upon him in a very bad light for two years past. Some gentlemen among us have spoke of him as such, that has been concerned in prize affairs, in one or two I have been concerned in.

Q. What is your opinion of him?

Hughs. I do look upon him to be a bad man.

Cross examined.

Q. Had not you a dispute with him once?

Hughs. I had, and if you will have me, I'll go into particulars.

Richard Horne . I am a clerk in the ticket-office in the navy. I deliver all the tickets that are delivered. I have known the prisoner from the time of my coming into the office, which was in August last. I was once walking cross the park with another person, and I met Mr. Carr and another fine gentleman in a lace waistcoat with him; as they came near me he just moved his hat and passed me. Said the gentleman with me, do you know that gentleman? yes, Sir, said I; said he, do you know the other gentleman that is in company with him? no, said I: said he, that is a person I don't like, I must have a great regard to what I did with Mr. Carr, he never came to our office above two or three times afterwards.

Q. How did he behave when he used to come to your office?

Horne. Quite smooth to the last degree, I always behaved civil to him, and always searched the books for him, he used to ask me several questions, in order to get intelligence concerning sailors, such as we call Fishing Questions.

Q. What is your opinion of him in the general?

Horne. I believe him to be a very ill man.

Mr. Boxley. I am along with Mess. Bell and Harrison in Crutchet friers as a clerk, they have dealt some years in the navy way in receiving wages and prize money for sailors, I have known the prisoner by sight about five or six months past.

Q. What is his general character?

Boxley. I cannot say I believe him to be an honest man, far from it.

Mary Stonehouse . I live at Plymouth dock, I have known the prisoner these four months, he has got a false administration to what is my property, I have not enter'd my action against him, but I have given directions concerning it.

Frederick Emanuel Gibolet . I am a surgeon, I knew Carr in the year 45, on board a privateer, I have seen him two or three times since, but I never would have any acquaintance with him.

Q. What was his general character on board?

Gibolet. He had not the character of an honest man, I have heard several people on board say, his principles were different from that of an honest man.

Q. How long was you on board that ship?

Gibolet. I was on board her ten months.

Cross examined.

Q. What do you mean by his principles being different from that of an honest man?

Gibolet. I have heard several people say his character was that of a bad man.

John Redman . I am a clerk in the Navy-office, I belong to the Ticket-office, I have seen the prisoner a great many times at our office, and I have great reason to have an indifferent opinion of him, I have great suspicion of his being a bad man from very good reasons.

Guilty of publishing it.

Death .

224. (M.) William Osbourne , was indicted for stealing one wooden pail with five iron hoops, value 1 s. two linen aprons, the goods of John Bullinger , two linen aprons , the goods of Mary Evans .

Feb. 6 .*

Guilty .

[Transportation. See summary.]

225, 226. (M.) Thomas Carter , and Christopher Ward , were indicted for stealing 9 fowls, value 9 s . the goods of Samuel Padd .

Feb. 22 .

Both guilty 10 d.

[Transportation. See summary.]

227, 228. (M.) Thomas Carter , was a second time indicted, for that he, together with Robert Thorne , and William Gibbons , did steal 2 live fowls, value 2 s. the goods of Talbot Hackney , Feb. 19 .*

All three guilty 10 d.

[Transportation. See summary.]

229. (M.) Millicent Jones , widow , was indicted for stealing one shoe brush, value 2 d. one dram glass value 8 d. one pair of stays, one damask napkin, one damask clout, one linen handkerchief , the goods of John Dyer , Dec. 10 .*

Acquitted .

230, 231. (M.) Susannah Aldridge , and John Joyner , were indicted, the first for stealing one gold ring, value 19 s. one pair of worsted stockings, value 3 s. the goods of John Shepherd , and the latter for receiving the gold ring knowing it to be stolen .

Feb. 7. * Aldridge, Guilty .

Joyner , Acquitted .

[Transportation. See summary.]

232. (M.) Mary, wife of Michael Carney , was indicted for forging a certain deed purporting to be a bill of sale from Mary Bell , widow , to John Everall , with intent to defraud .

Oct. 10. ||

John Redman . I am clerk to the Navy-office. [He produced the books belonging to his majesty's ship the Exeter.] It appears by this book that George Bell was an able seaman on board this ship, he enter'd Nov. 30. 1744. and continued till the third of Jan. 1747. on which day he died.

Q. What is the use of that book?

Redman. This is the book by which the treasurers pay the men their wages.

Q. What money was due to him?

Redman. There were due to him 43 l. 4 s. 1 d. neat money, it was paid Nov. 6. 1750. to Thomas Walthal for the widow Mary, executrix. This book is the only evidence that can be had, it is noted so here.

Q. Is there a receipt sign'd?

Redman. No, my lord, we only make an entry of the money, and they deliver up the ticket.

John Everall . A woman who call'd herself Mary Bell call'd at my house the tenth of October. I did not know her again when I first saw her since, but on the 14th of Feb. she own'd it to me in the counter, that is the prisoner at the bar, she first brought a sailor's ticket in the name of George Bell, and said she was the widow, and at the same time produced a probate of the will for 43 l. 4 s. 1 d. I agreed to discount it at 5 s. in the pound. It was to be made mine by a bill of sale. The bill of sale produced in court. This was executed by the name of Mary Bell , I paid her 32 l. some odd shillings for it.

Q. Did you see her execute it?

Everall. I did, my lord, and I by virtue hereof received at the Navy-office I believe the whole money, here are on it two subscribing witnesses names.

John Bledon . I am one of the subscribing witnesses and saw the prisoner seal and deliver it as her act and deed.

It is read to this purport.

Know all men to whom these presents shall come, that Mary Bell of Covent-garden, widow, sendeth greeting, wherein she sells all the wages belonging to her husband, George Bell , late belonging to the Exeter, to John Everall , by the virtue of which he has power to receive it, &c.

Sign'd,

Mary Bell , her ma rk [x].

Seal'd and deliver'd in the presence of

John Bledon ,

Edward Philips ,

Edward Philips , the other subscribing witness confirmed the testimony of the last witness.

Everall. She came with two men to my house, one I believe was Butler who was cast yesterday, and Edmund Herne .

Edm Herne . I have known the prisoner almost 3 years, and her husband Michael Carney . On the tenth of October last the prisoner went by the name of Mary Bell, I was with her when she received the money of Mr. Everall, and I was by when the bill of sale was fill'd up and sign'd by her, she received the money of Mr. Everall upon a ticket she received out of the Navy-office.

Prisoner's Defence.

It is only spite of Edmund Herne to take me up, he spoke in Irish to get a parcel of people to take me up.

For the Prisoner.

Thomas Murphy . I am a cole heaver, this woman at the bar was taken away, she was my neighbour; we went to the publick house where she was, Herne was there in custody; he desired to know if any of us had any sticks, and said he'd spend a guinea or two in liquor, if we'd rescue him; adding, there were but four men that had them in custody.

Eleanor Fleming . I never saw Herne before, I have known the prisoner a great while, before she was born and her friends before her.

Q. Did you live at Plymouth?

E. Fleming. No never, the prisoner and I were both born in one town in the county of Kildare in Ireland, our generation have lived there four hundred years.

Guilty , Death .

233. (M.) Anne Jones , spinster , was indicted for stealing one guinea the money of John Welch privately from his person .

Feb. 25 . ++

John Welch . On Monday last about nine o'clock at night, I met with the prisoner in James's-street Covent-garden, she ask'd me if I would give her a dram, I went with her into Rose-street to a house, not an alehouse, and call'd for a quartern of rum, she carried me to that house, before I had drank it, she ask'd me to pay for it; I went to feel in my breeches pocket, and I had lost a guinea in gold and three shillings in silver.

Q. When did you perceive it last in your pocket?

Welch. I had pull'd it out of my pocket as I went along with her, fearing I should lose it, and put it into my pocket again.

Q. Was there any other person with you?

Welch. No, my lord, there were only she and I together.

Q. How long had you been in the room before you miss'd your money?

Welch. Not above ten minutes, I told her I would charge the constable with her, she said she knew nothing about it, we were in a two pair of stairs room backwards, I sat down by her I did not lie down.

Q. Who brought you up your rum?

Welch. A little boy.

Q. Did you perceive her hand near your money?

Welch. I felt her hand in my pocket.

Q. Why did you not seize her hand at that time ?

Welch. Because she was too nimble for me. She whipped it into her mouth.

Q. Did you see her put it into her mouth?

Welch. No, my lord, I did not.

Q. Why do you say so then?

Welch. because it was found in her mouth. I sent for these two women (that are come here to give evidence) up stairs and told them I had lost so much money; Elizabeth Brown looked in her face and said she has it in her mouth. They both of them held her mouth, while I put my finger in and pulled it out; they held her, fearing she should bite me.

Q. What money did you take out?

Welch. Only the guinea.

Q. Can you swear by any particular mark it was your guinea?

Welch. No, my lord, I cannot. I did not find the three shillings upon her. After this I charg'd the constable with her, she did not deny the thing; before the justice she said, if she had not been fuddled, she would not have done it.

Mary Hutchins . I keep this house; Mrs. Brown called out to me to come up, on Monday night between 9 and 10 o'clock; I went up, it was in a one pair of stairs room, the man said he had lost his money. I saw the prisoner sitting by the window, the man was standing upright in the room. Betty Brown was in the room at that time; I asked what was the matter? the man told me, he had lost a guinea and some silver; he did not know whether 3 or 4 shillings: I asked her how she could come there to rob any body? she hit me a slap on the face, Mrs. Brown said, it is in her mouth; I put my two thumbs to the side of her cheeks, and said she should not swallow it, and the man put his fingers in her mouth and pulled out the guinea; he taxed her with some silver, and some bottle-screws and teeth (I suppose what they call black-a-moor's teeth) but nothing was found but two shillings and two-pence halfpenny in her pocket, and he said he had given her that. He insisted upon sending for a constable, then she beg'd and prayed of me to make it up.

Q. to Welch. Did you give the prisoner 2 s.?

Welch. I did, my lord, when I first met with her; but I had three shillings besides that, when I went there.

Q. from a Juryman. What did you give her the 2 s. for?

Welch. Because we was likely to be concerned together, but it did not happen so.

Eliz. Brown. I was going up stairs, the prisoner and prosecutor were in the room; the door was shut, the man called out and said, he was robb'd. I said to her, if you have got his money give it to him again; then I saw it in her mouth, so I called the woman of the house up. The money drop'd out of her mouth upon the table, as the woman of the house held her mouth. She was searched, and some odd halfpence were found in her pocket, she said she was drunk when she took it, and desired to make it up.

Prisoner's defence. I was going along, that man picked me up; he asked me to go to drink, I carried him to that woman's house, he gave me the guinea to stay with him all night.

Guilty, but not of privately stealing .

[Transportation. See summary.]

234. (M.) Nicholas Reno , was indicted for stealing three pair of leather shoes val. 4 s. the property of Edward Lloyd , Feb. 20 .

++ Acquit .

235. 236. (L.) William Russel and Samuel Dimple were indicted for stealing one silver watch, value 3 l. the property of James Lile , privately from his person , Feb. 21 .

++ Both Acquitted .

237. (L.) John Beesley , was indicted for stealing eight yards of velvet, ninety-six yards of worsted garters, 12000 pins, and other things, and one piece of gold, value 5 l. 5 s. the goods of John Sedgwick , and Co. Feb. 6 , to which he pleaded Guilty .

[Transportation. See summary.]

238. (L.) James Beaton , was indicted for stealing twenty-seven pounds weight of tobacco , the property of Robert Carey and Co. Feb. 13 .

+ Guilty 10 d.

[Transportation. See summary.]

239. (L.) George Bartey , was indicted for forging an order on the back of a seaman's ticket, with these words, Mr. Treasurer pray pay the contents of this my ticket to Brass Crosby or order, for value received , John Wood , with intent to defraud . +

John Redman . I belong to the Navy-office, he produced the book belonging to the Kingston man of war.

Q. Is there any such a person as John Wood , appears to be entered on board the Kingston ?

Redman. Yes, my lord, John Wood appears to be entered the 16th of April, 46, able seaman; he was discharged from her the 30th of August following, to the Pembrook man of war; the neat money due to him for the Pembrook was 4 l. 19 s. 3 d. there was a ticket made out for this man's wages.

Q. How do you know that?

Redman. Here is a column in our book for that purpose, where it is set forth.

Q. Could he have been paid his wages without producing the ticket?

Redman. No, my lord, he cannot; that must be produced at the pay office, on the payment or recall of the ship. So that upon producing this ticket, and a proper authority, an indorsement is sufficient, when the sum is under 10 pounds, it is necessary it should be signed by the person and a witness, without which, they would make an objection, and would not pay the money.

Q. Then when it is so signed, is it the method usually to pay the money?

Redman. Yes it is, my lord, when the person cannot come himself, supposing the debt is under 10 l. it is generally put in such like words, pray pay the money to such a person. I look upon this in the same light as an indorsement, he is shewn the ticket.

Q. What do you apprehend this to be?

Redman. I apprehend this to be a very good ticket that was delivered out of our office.

Q. Look at the indorsement on the back of it?

Redman. This is sufficient for the treasurers to pay the money by.

Q. Suppose there was not such an order on the back side?

Redman. They could not answer paying the money, if a person buys a ticket without that common form, pray pay, &c. he cannot receive the money.

Richard Willey . I was boatswain of the same ship at the same time, and can swear the three names on the ticket are wrote by the captain, the master and the purser, each his own name. I know their hand writings. I have seen the captain write many a time.

Q. Was there one John Wood on board the ship?

Willey. There was, but the prisoner is not the man.

Q. to Redman. Do you believe this a proper ticket?

Redman. I do believe, my Lord, it is, it is for 4 l. 19 s. 3 d.

Brass Crosby. About the 12th of Nov. last the prisoner applied to me, and told me his name was John Wood , and that he was on board the Kingston man of war, he brought this ticket with him. He wanted me to discount it. I suspected that he was an apprentice, being a very young fellow; he told me he was but nineteen years old; I told him as to that, I had no doubt, but he was the very man to whom the ticket belonged, by what appeared to me on the ticket; he said he was no apprentice; I desired he'd bring me some security upon that. I had let him have some money, he returned and said, he could bring no vouchers, but positively declared, he was no apprentice; had he been an apprentice I should have lost it all. I paid him half a guinea more. After I had bought it he made me this indorsement on the back of it, as is customary.

Q. Had it none upon it when he brought it to you?

Crosby. No, it had not. I wrote the indorsement upon it, he signed John Wood , it was witnessed by a man that happened to come to my office, one Edward Folder ; I have received several thousands of pounds at times, when the sum has been under 10 l. with such indorsements, and never was denied.

Q. Supposing after the treasurers had paid it, the right John Wood should come there and demand it, what would be the consequence?

Crosby. Then the loss would have fell upon me, and that John Wood would have been at some difficulty to have received it, he must either have sued the treasurers or me.

Edward Folder . I remember seeing the prisoner once with Mr. Crosby, I saw him sign the name John Wood on the back of this ticket, and I wrote my name there as a subscribing witness.

The ticket read to this purport.

John Wood able seaman on board the Kingston, served till the 30th of August, 46, when he was discharged, &c.

On the back. Mr. Treasurer, pray pay the contents of this my ticket, to Brass Crosby, or order, for value received.

John Wood .

Witness, Edw. Folder .

Directed to the treasurer of his Majesty's Navy.

Prisoner's defence.

I was going by the Three-Tuns, and was very hungry; I saw a young man, one Fillager, I lodged in the house where he did, he called me in, he gave me some bread and cheese, and gin; He pulled out this ticket, and read it over to me. There was Captain Hughs 's hand to it, said I, did you write this? he said, he wrote it and signed Captain's name, to a man belonging to the Kingston, and said he, if you'll go in and receive the money, I'll give you 10 s. for your trouble; saying, it I was apprehended, I should only be imprisoned in Bridewell, as the man is dead, and I'll maintain you there. He went into the office with me, I went to the gentleman, he made no more words, but gave me the ticket; I brought it out then he, and Morgan contrived together, how they should dispose of this Ticket; and they, there is one Mr. Crosby lives hard by, you shall go there; I took their advice; when I came to them and told them, I wanted somebody to say, I was not an apprentice, Fillager and Morgan stood arguing which should go with me as a Housekeeper; Fillager went in, and said he was no housekeeper; Fillager went out again, then Morgan came in, and said, he knew me to belong to the ship ; and then Mr. Crosby gave me some money in part, and I wrote John Wood 's name; that would not satisfy them, but they came to me two days after, and said, I might have more money to keep me two or three days; said they, go and tell the gentleman, you have no body to vouch for you, and get some money, if you can't get so much as you would; I went, and the gentleman gave me half a guinea more: I came back and they gave me three or four shillings, and turned me about my business. My father was a captain of a troop of horse, but when I came home from sea, my friends were all dead; in the ship I came home in, I had been midshipman two years.

Q. to Crosby. Were there any men came with the prisoner?

Crosby. I believe there was one man, but he said he was no housekeeper.

Guilty Death .

240. (L.) John Belson , was indicted for stealing two pounds weight of tobacco , the property of Lionel Lloyd , Feb. 4 .

+ Acquit .

241 . (L) John Gwyn , was indicted for stealing two pounds and a half of tobacco , the property of John and Caple Hanbury , January 29 .

++ Guilty 10 d .

[Transportation. See summary.]

242. L. Mary Miles , was indicted for stealing 60 ells of check cotton, val. 4 l. and 37 silk handkerchiefs, val. 5 l. 10 s. the goods of Tho More , Feb. 23 ++ .

The prosecutor keeps a shop under the plazza on London bridge , he lost the goods mentioned from out of his shop window, the prisoner was stop'd with about five yard of check, and one Culgee silk handkerchief, which she had about her neck in Shoreditch. The prosecutor want according to the direction mentioned, but would not swear to any thing but the Culgee has described, which being not perfectly printed he was very certain of as his property. Guilty of stealing the handkerchief only .

[Transportation. See summary.]

243 . (L.) Mary, the wife of Henry Pearson , was indicted for stealing 4 linen shirts val. 20 s. a pair of stockings, a green silk gown, a velvet hood, a metal tweezer case, the goods of Elizabeth Boomer , widow . One pair of sleeve buttons, val. 2 s. 6 d. one cambrick handkerchief laced, val. 10 s. one muslin handkerchief , the goods of Mary Boomer , spinster , Feb. 10 ++

Mary Boomer , spinster. Mary Boomer , widow, is my aunt, the prisoner lodged in our house.

Q. Is your aunt a house-keeper ?

M. Boomer. She is.

Q. Did your aunt lose any thing lately?

M. Boomer. Yes, my lord, the tenth of February. The prisoner had hired the room about three weeks or a month before we missed the things.

Q. What things?

M. Boomer. Things taken out of a chest of drawers in her lodging room.

Q. There is another indictment for things she took out of her lodging room, I perceive, but you must say nothing of them now.

M. Boomer. The chest of drawers were not let to her as part of the furniture. She had no right to them.

Q. What were taken out of these drawers?

M. Boomer. There was a green silk night gown, four shifts, a pair of green silk stockings, a metal tweezer case; they belong to my aunt.

Q. Were these drawers locked up?

M. Boomer. To the best of my knowledge they were locked, but I cannot be certain. There were three handkerchiefs taken ( a cambrick apron, some silver lace, a pair of sleeve buttons) out of a pair of drawers in my room.

Q. Why do you charge the prisoner?

M. Boomer. Because she owned it, and told us she had pawned them to three different pawnbrokers; two of them lived in Aldersgate-street, the other in Barbican. I also had been told she was seen in my room.

Q. Did you upon that examine your drawers?

M. Boomer. No, my lord, I did not. I found all my aunt's things except the velvet hood, that we could not find. The four shifts of my aunt I had put into the drawers but a little before. Part of the goods produced in court and deposed to.

Edward Shepherd . I heard the prisoner confess she took these goods clandestinely out of the room, and that she had pawned them.

Q. Had she any promises of mercy or threats made to her when she confessed this ?

Shepherd. She had favourable promises made her when she confessed the first time.

Q. By who ?

Shepherd. Mrs. Boomer promised her if she would fetch them out of pawn she would put it into a debt, a nd the prisoner should pay so much a week till it was out.

Q. Then she was willing to give her credit for them, if she could have them again, was she?

Shepherd. Yes, my lord, she was. The goods were delivered into Mr. Parks's hands.

Mr. Parks. I am constable, I did not make any memorandum of the day of the month. They brought me a warrant from my lord mayor, and I went along with Mrs. Boomer and the prisoner. The prisoner asked for the things at the pawnbroker's. I took the things to my house.

Q. Did you hear these promises made her in case she would confess?

Parks. They did tell her in my hearing she should not suffer on condition she would make good the damages.

Q. What is her character?

Parks. I have heard several people give her a good character.

Richard Pinfold . I live near the prosecutrix, she sent for me to go along with the prisoner to see the things taken out of pawn; two went with her to three pawnbrokers, two lived in Aldersgate-street, and one in Barbican; they were left in the pawnbroker's hands till the next day, then they were fetched out by the constable.

Prisoner's defence.

When I took the lodgings in this house, the things Mrs. Boomer lent me, and the young woman said if I could raise two guineas she would not let me see my lord mayor, when I was in the hall.

Q. to Mrs. Boomer, spinster. Is this true?

M. Boomer. It is false every word of it, my lord.

For the prisoner.

Martha Hill. I have known the prisoner from a child ; she has lived near me. Before this I never heard she did a dishonest thing or ever was suspected. She has been in great distress of thro' the unkindness of her husband.

John Clarkson . I have known the prisoner seven or eight years, I know no ill of her. I know her husband, and I fear he was the occasion of this misfortune.

Thomas Robins . I have known her about seven years, I never heard any harm of her before, or that she was ever guilty of an ill action.

John Smith . I have known the prisoner eleven or twelve years, she has a very good character.

John Ross . I was by when the prisoner was carried before my lord-mayor; there was M. Boomer, spinster; I remember there was some conversation between the prisoner and she: I heard her say she had no intent to hurt her, upon this condition, that if she could get any friends to raise her two guineas they would not hurt her. The prisoner said she knew no friends that would raise the money.

Q. to M. Boomer, spinster. Did you see this witness when you was going to my lord mayor, and do you remember this conversation?

M. Boomer. I saw him, but never said any such words indeed.

William Vowel . I lodge in the prosecutrix's house, I was in the room when M. Boomer, spinster, came into it first of all. She seemed to be in a flurry of spirits, that there were things missing; she asked the prisoner if she took them, the prisoner answered she knew nothing of them: the young woman said I am afraid you are the person that is guilty, still the prisoner persisted in it that she knew nothing of it. After that the gentlewoman came and called the prisoner down stairs to her aunt; and there were proposals made, if she would come to a confession. They said they would make it a debt, and take it as she could pay. I saw the confession she made, I was before my lord-mayor with them.

Q. Did you hear the proposal about the two guineas?

Vowel. I heard nothing at all, I kept at a distance behind them.

Q. What is Mrs. Boomer?

Vowel. She takes in pawns, and sells liquor privately in the way of distillery; it is a very sober house, the White Lyon coffee-house in Charter-house street.

Acq .

She was a second time indicted for stealing a linen sheet, a brass candlestick, and a blanket, out of her lodging room let by contract .

Feb. 10 . ++

Acq .

244. (M). James Rabnett , was indicted for stealing 2 pair of brass seals, val. 1 s. 6 d. and two iron beams, val. 6 d. the goods of Fran. Loamos , Feb. 9 . ++ .

The prisoner was found by the prosecutor (who sells tobacco ) behind his counter with the two pair of scales in his hand, which the prosecutor had but a little before seen hanging up in the usual place.

The prisoner in his defence said, he went into this shop for a halfpenny worth of tobacco, and found nobody in the shop. But denied he meddled with any thing.

Guilty 10 d.

[Transportation. See summary.]

245, 246. (M.) Joseph Waters and Mary his wife , were indicted for stealing 2 sheets, val. 4 s. 2 blankets, val. 5 s. the goods of Henry Frances , in a lodging room let by contract, &c.

Feb. 7 . +

The prisoner Joseph owned he sent his wife with the goods mentioned (which the prosecutor proved to be his property) to pawn to raise money for their present necessities, intending, as he got into business, to fetch them again.

Joseph Waters guilty 10 d.

Mary acq .

[Whipping. See summary.]

247. (M.) John Atkins was indicted, for that he, on the 24th of Jan . about the hour of one in the night, the dwelling house of George Ebenezer Pewterers did break and enter, and stealing out from thence one pound weight of copper, val. 1 s. and 8 leaden sash weights , the goods of the said George Ebenezer. +.

George Ebenezer Pewterers . I live in Cow-cross , I am a pewterer and brazier . On the 24th of Jan. my house was broke open, and some leaden sash weights taken out.

Q. Was your house made all fast over night?

Pewterers. It was, we put up the shutter to the back window, and bolted the back door, the fore door was locked and bolted. We got up about 7 o'clock, the window backwards was open, we missed two saucepans unfinished, and eight sash weights made of lead; that was all we missed out of the house. The other things we missed out of the workshop backwards are in another indictment. I advertised the things the 25th, and my men went about to tell the trade. The broker John Goodlesr had some of the goods. I went to Justice Fielding's and swore to my goods, and his worship committed John Hood , and the prisoner was committed upon Hood's information; and when I had the prisoner at the Brown Bear near the justice's house, he did own he sold the thing, but did not steal them; he likewise said the same before the justice, and signed it. (There was no confession returned.)

Charles Lambeth . I am servant to Mr. Pewterers, my master's house was broke open, I believe it was three weeks ago. I am the last that goes to bed every night; the door and window was fast backwards, I got up first in the morning, about half an hour after 6 o'clock; then the back door and window were open, and the window shutters down. There were three saucepans taken out of the house, half finished, and eight sash weights out of the fore shop.

Mary Dennet . I am servant to Mr. Goodier, he is a broker in Fleet-lane, the prisoner brought the goods into our house the 26th or 27th of last month. There was one Hood with him.

Q. What goods did they bring?

Dennet. They brought copper tea kettles and eight leaden sash weights.

Q. Was your master at home?

M. Dennet. He was at home. I weighed them and agreed for the price; they asked nine pence a pound, I gave eight-pence for the copper, and a penny a pound for the leaden sash weights.

Q. Did you know the prisoner before?

M. Dennet. I did, but did not know his name.

John Goodier . I am a broker, the prisoner and John Hood brought eight leaden sash weights to my shop, the girl agreed for them at a penny a pound, and I paid them.

Q. When was this?

Goodier. It was on Thursday the 24th of January, and the Saturday following they brought the copper kettles; there were twelve pounds and a half. The girl weighed them, and as she had lived with the people who had been here before, I asked her what they had used to give a pound, she told me eight-pence, so I gave it them. I took the porter to sell these goods into Holborn, they stopp'd the man and me. I told them I bought them of two men, but I did not know their names. As I was had before justice Fielding, I got information they lived in Ratcliff highway.

Q. How did you get this intelligence?

Goodier. By some people who lived in Fleet-lane who had seen them. Mr. Pewterers and I went there; there came the prisoner and two or three more. I whispered to Mr. Pewterers and told him he was one of them; we took him up, and he told us he would bring us to the other. We brought him a good way on the rope-walk, then he got some persons to help us, and we took the other, and some goods. We took them and the goods before the justice, and Mr. Pewterers swore to them.

Q. to Pewterers. Were these goods that were shewn to you before the justice your property?

Pewterers. My Lord, they were my tea-kettles.

John Hood . The prisoner came to me betwixt one and two o'clock on Thursday morning. He said, you old rogue you are drunk; said I, I cannot get up, my head achs so. We had been drinking in Cow cross the night before. I got up and went with him to Mr. Pewterers's house; he said there was a very good job to be done, and he would put some money into my pocket.

Q. Did he tell you what this job was ?

Hood. It was to open Mr. Pewterers's door in Cow-cross, and see what was in the house to rob it. I went with him to the front door; he had got ten pick-lock keys, and he with one of them, by putting his knee against the door, opened it. I stood by him; then he went in and went backwards into the yard; there were some unfinished tea-kettles stood upon the forge and a shelf, about ten of them. The back door was open when we got in. He took a copper out of that place.

Q. Was that place separate from the house?

Hood. It was a separate place from the house. We went into the house and there took eight sash weights. We did not stay long. The prisoner got a sack and put the things into it, and we went out at the fore door and locked it after us. Then we carried the things to my-house, and we went again to Mr. Pewterers's house and carried more things away. We did not stay above a quarter of an hour each time.

Q. How did you get in the second time?

Hood. The same way we did the first.

Q. Did you lock the fore door after you the last time?

Hood. We did. The prisoner had got a dark lanthorn, but the wind blew the candle out. I do think he had been in the house before ever he came to me.

Q. Why do you think so?

Hood. Because he said when he came to me, you old rogue I will help you to a good job.

Q. What time of the night was this?

Hood. It was between one and two o'clock. After this, about five in the morning, he came to my house and fetched the things to his house, and bent them all to pieces. He went to two or three shops to sell them, and the people would not buy them, then he said he would go and carry them to Fleet lane, (to this other evidence's,) we did, the girl weighed them, and the man paid the money for them. I believe there were about eight or nine tea-kettles beat all together. The prisoner carried the copper on the other side the water.

Q. Who bought the sash weights?

Hood. Goodier bought them. We were twice at Goodier's house. When the prisoner was taken up I was in bed, and Mr. Pewterers came and took me up.

Q. from the prisoner. Did not that witness bring the goods to my house?

Hood. I have got Sarah Mitchel to prove he brought them to my house.

Sarah Mitchel . The prisoner came to our house between one and two o'clock in the night.

Q. Do you live with Hood?

S. Mitchel. He is my own father; the prisoner brought a bag of tea-kettles without handles, and he went again, and was not gone above a quarter of an hour, and came again with a copper and 8 sash weights made of lead. My father Hood was along with him; he lighted the candle to light him up stairs.

Q. What time was this?

S. Mitchel. I don't know the day of the month.

Robert Quinsey . I bought the brass boiler of the prisoner, at 10 d. per pound. I think Hood was along with him. Mr. Pewterers has seen it, and said it was his.

Prisoner's Defence.

As for what Hood and his daughter have sworn, it is as false as God is true. I declare I never was in Mr. Pewterers's house with him. I believe he and his daughter robbed him, and brought the things to my house, they live near Mr. Pewterers, and I live as far off as Shadwell. I had got a warrant to take up Hood, his wife and daughter.

Hood. The prisoner and I were drinking together the day before he was taken up, and because I would not pay more than my shot, he fell a beating me.

For the Prisoner.

Thomas Ind . I was before Justice Chamberlain, there were four persons taken up and brought there, John Steel was one, who was admitted an evidence. Mr. Pewterers was there and swore to the things ; that person was admitted to give evidence in what manner they came by the things. Atkins and Hood were taken up the day before. Steel made himself an evidence against one Long Will, Country Jack and another person: Mr. Pewterers was bound over to prosecute them; the prisoner was in the roundhouse at that time the justice admitted Steel to give evidence against them three; and he also sent a detainer to detain this Hood, for receiving these goods knowing them to be stolen. I returned the recognisance to Hicks's-Hall, for the prosecution of those three persons. The evidence Steel is in Clerkenwell Bridewell now.

Prosecutor. I searched the prisoner's house and found 10 picklock keys with the wards broke out in the middle of them. (Steel was sent for.)

John Steel . About a month or five weeks before I was taken, Country Jack, Long Will and Hodges, wanted me to go with them; I told them I was going home, so I consented; we went with an intent to rob any body. We went down St. John's Street, then into Cow-Cross. The first attempt we made was at a shed, we could not get in at a window there, then we went to White's-alley, in Cow-Cross; there Country Jack got over into a back yard, and returned again with a bag and some tea-kettles in it; one of them fell out when we got the bag into the alley, I took it up, and put it in again, it was not finished: I made the best of my way to Chick-lane; about a week after, I met Country Jack going up Snow-hill, he said, he was not afraid of being taken. I asked him for my share of the money, I threatened him because he would not give me any.

Q. What were there in this bag?

Steel. There were several tea-kettles, but I cannot swear to any thing else.

Q. Where did he get them?

Steel. He went in at the back part of a house.

Q. Where does the front of this house stand ?

Steel. The front of it stands right into Cow Cross; we went down the alley that goes to the back yard.

Q. How did he get into the house?

Steel. I cannot tell which way he got in.

Q. What day of the month was this ?

Steel. I cannot tell that, my lord.

Q. Was it before or after Christmas?

Steel. It was after Christmas.

Q. How many were there of you in company?

Steel. There were four of us.

Q. Was the prisoner at the bar one?

Steel. No, he was not with us.

Q. Was Hood there?

Steel. No, my lord, he was not there.

Q. What time of the night did Country Jack get these goods?

Steel. Between two and three in the morning: we helped him over the pales.

Prosecutor. He knows nothing of the matter; my back yard is next yard but one to the alley, and out of the alley near the first pales there lies timber, so that a man may walk up to the top of the pales the same as going up steps.

Q. to prosecutor. Which were taken up first, the four persons or the prisoner and Hood?

Prosecutor. The four men were.

Q. to Steel. When did you make this confession?

Steel. When I was first taken up. I never saw the prisoner then, or did know he was taken up.

Guilty Death .

248. (M.) Richard Osborn was indicted, for that he on the 23d of Jan . about the hour of 12 in the night, the dwelling-house of Eliz. Markham , widow , did break and enter, with an intent the goods of the said Elizabeth to steal, take and carry away .*

Eliz. Markham. I live at Chelsea ; about 12 o'clock at night, the 23d of January my daughter came to my room with a candle in her hand, and said there was some body had broke into the kitchen. I was just got into bed. I said it was the cat, she said she was sure she heard the drawers move as they opened, and somebody stir the fire. I arose and went down and saw nobody; I searched the coal-hole. I went to bed again, and lay till five o'clock next morning. As I was making a fire, I heard a great snoring, I looked into a place where I lay my coals, the place were I had looked in before; there I saw a man's legs as far as his breeches knees. I went out and called a neighbour or two, he was snoring hard when I came back, I took him hold by the shoulders, and when he got up, I found him to be a neighbour's son, the prisoner at the bar, he is about seventeen years of age. I asked him, what he did there? he said two strange men shov'd me in at the window after they had made him drunk. I asked him, what he came there for? he said, to carry away all he could find. A little time afterwards he said one of the men was named Hargrave, and some time after that, he said the other was named Stevens; he owned the same before justice Fielding.

Q. Did he say what window?

E. Markham. No, he did not, but I believe I know which window; but I cannot say whether the same window was open or shut over night, neither can I say for certain, which window he came in at ; there was a little wooden sliding shutter to one pane of glass that was open.

Q. Had he meddled with any thing?

E. Markham. No, he had not; I missed not any thing.

Q. Did you search him?

E. Markham. I did not, my lord, he confessed opening the drawers, and shutting them again.

Q. Where there any things in the drawers, that he could take away?

E. Markham. Yes, my lord, there were, which he might have put into his pocket.

Q. Was he in liquor?

E. Markham. He was, my lord, I don't know but he may be an honest lad.

Esther Markham . I am daughter to the prosecutrix; on the 23d of January, about 12 at night, I heard something come slump upon the stairs; I thought it was the cat, and I heard the drawers open in the kitchen, and the fire stir; I went to my mother, she was a-bed, we went down into the kitchen, I opened the drawers and found nothing gone; my mother looked in the coal-hole and saw nobody there, we went to bed again ; next morning about 5 o'clock, I heard my mother come up stairs again, after she had been down, very nimbly out of the kitchen and opened the street door; I asked her where she was going, she said to me hold your tongue, saying, there was a man asleep in the kitchen ; she called two of our neighbours in, I went down stairs, and saw them bring the prisoner out of the coal-hole; I heard my mother ask him, what he came there for? he said two men pushed him in at a window.

Q. Was the window fastened over night?

Esther Markham . I don't know whether it was open or shut, he did not wrong us of any thing; there were many things about the kitchen and in the drawers, that he might have taken if he would. I believe he was very much in liquor; I have known him ever since he was a child, he may be very honest for what I know.

Acq .

249. (M) John Luke was indicted for bigamy .*

Acq .

250. (M.) Francis Lee was indicted for stealing one saw, val. 3 s. the property of Peter Dodd .

Jan. 19 .*

Peter Dodd. I lost a saw six weeks ago last Saturday.

Q. Where do you live?

Dodd. I live in Shoreditch , I am a wheelwright , after I missed it, I was told it was at Mr. Hambleton's house; I went there last Monday and found it. The saw produced in court and deposed to. I lost three saws that week.

Q. What do you imagine is the value of that saw?

Dodd. It is worth three shillings.

Q. How came you to charge the prisoner with taking it?

Dodd. It was bought of the prisoner.

Mr. Hambleton. I bought the saw of the prisoner for three shillings, he told me he was a block-maker , and he had better sell his tools than go a thieving, he had another good saw at the same time in his sack.

To his Character.

Andrew Rook . I have known the prisoner almost two years; he has the character of an honest man. I never heard any ill of him before.

Giles Cooper . I have known him about two years; he has as good a character as any man in England.

Mary Short . I have known him about three years; he has a very good character.

Mary Gardner . I have known him six years; he is a very honest man.

Guilty 10 d.

[Transportation. See summary.]

251. (L.) Thomas Willis , was indicted for stealing one ewe lamb, value 6 s. the property of John Page , Jan. 28 .

++ Acquitted .

252. (L.) Thomas Watson , was indicted for stealing a loin of pork, value 3 d. the property of John Bentley . +

John Bentley . I am a butcher , and live by the Mansion-house . I lost the loin of pork from off my stall on Friday was fortnight or three weeks, I cannot directly tell which. I found it upon the prisoner about 10 minutes after in Walbrook. It was a stale loin of pork; I really think he did it for want.

For the Prisoner.

Jos. Bentley. I have known the prisoner from a school boy; he has been servant at many places in town, and since this affair, I have made it my business to inquire into his character, and from the whole, I believe he is an honest man. I do believe meer necessity caused him to take this stale pork; he has had a very bad sickness, and is reduced greatly.

Mr. Scantlebury. The prisoner lived servant with me almost two years, he was a very honest lad then, and I have been with a master where he lived since, he gave him a very good character.

Mr. Gibson. I have known him 7 years; he lived with my brother servant between 7 and 8 years ago. He has a very good character.

Acquit .

253. Margaret Green , was indicted for stealing four pounds and three quarters of butter, and a cloth , the goods of John Medcalf ; it was laid a second time the goods of Robert King , Jan. 29 .

John Medcalf . The butter was my property; I help'd churn it at my own house.

Isaac Mayne . I saw the prisoner take the butter in the cloth out of a basket, she put it under her cloak, and was going away with it till I called after her.

Robert King . I am the watchman at Leadenhall market; on the 29th of January betwixt eight and nine o'clock, Mr. Medcalf had given me charge of his goods.

Q. What goods?

King. Fowls, sausages and butter; I have a penny a basket for watching them; I went to light a candle; I did not stay above three or four minutes, when I returned, Mr. Mayne said, he had got a customer; saying, here is a woman has took something out of Mr. Medcalf's basket, that proved to be the prisoner at the bar. I put the butter into the basket where she had taken it out, I shewed it to Mr. Medcalf, and he owned it as his property, saying, he help'd churn it. The prosecutor trades to London in the poultry way.

Prisoner's Defence.

I was going to George-yard, Lombard-street; I found the butter on the ground, and met Mr. Mayne full butt, and I asked him where it belonged too.

Guilty 10 d.

[Whipping. See summary.]

254. James Tompson , and Mary wife of John Godard *, were indicted, the first for receiving three pewter quart pots, and one pint pot, and the latter for receiving them, knowing them to be stolen .

* See No. 215.

No prosecutor appearing they were both acquitted .

255. (M.) Thomas Bond , was indicted for forgery .

The prosecutor not apearing he was acquitted .

Branded 1.

John Lighorn , whose Judgment was respited last Sessions.

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

Received Sentence of Death 7.

Jos. Borroughs, John Carr , George Bartey , Henry Grover , Richard Butler , Mary Carney and John Atkins .

Mary Carney pleaded her belly, and a jury of matrons were impannelled, and brought in their verdict, quick with child.

Transported for 14 Years.

John Godard .

Transported for Seven Years, 30.

William Lee , James Bisben , Charles Bowen , Richard Nicholls , John Beesley , James Beaton , Thomas Oakley , John Gwin , Mary Miles , Mary Freeman , John Martin , Charles Bruce , Mary Horsey , Ann Colley otherwise Farmer, John Cole , Phillip Blake , Jane Barber , Latitia Walker, John Tolmage , Elizabeth Brown , William Harvey , Robert Martin , William Osborne , Thomas Carter , Christopher Ward , Robert Thorne , William Gibbons , Susanah Aldridge, Ann Johns and James Rabnitt .

Branded 1.

John Lighorn , whose Judgment was respited last Sessions.

Whipped, 8.

Mary Green, Richard Buck , Mary Parker , Judith Gotley , Mary Arnold , Eleanor M'clean, Jos. Waters, and Fran. Lee.

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

BRACHYGRAPHY: OR, SHORT-WRITING,

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The PERSONS, MOODS, and TENSES,

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Improved after upwards of Thirty Years PRACTICE and EXPERIENCE.

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