Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 July 2014), April 1751 (17510417).

Old Bailey Proceedings, 17th April 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 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Monday the 22d of April.

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

BEING THE Fourth SESSIONS in the MAYORALTY of the

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

NUMBER IV.

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, the Honourable Sir Thomas Burnet, Knt. * , the Honourable Baron Clive +, Richard Adams , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

N. B. The * + ++ direct to the Judge before whom the Prisoner was tried. L. M. by which Jury.

London Jury.

Anthony Chapman ,

Richard Prichard ,

John Goldsmith ,

Francis Leech ,

Richard James ,

~ Henry Newton ,

~Henry Newton being taken ill, Christopher Wilson was sworn in his stead.

William Lem ,

Abraham Labey ,

Thomas Deal ,

Joseph Phipps ,

Robert Bagaley ,

Henry Burt .

Middlesex.

Samuel Leightonhouse ,

|| Nathanael Hedges ,

William Cross ,

James Coats ,

William Chambers ,

John Durham ,

Duncan Cambell ,

|| Edward Bonham ,

|| Nathanael Hedges and || Edward Bonham being taken ill, William Gibbons and Thomas Johnson were sworn in their stead.

William Cash ,

John Bosworth ,

George Mey ,

Benjamin Bough .

256. (L.) Elisha Thomas Pease , was indicted for stealing five shillings and eight-pence halfpeny , the money of John Prosser and Robert Peak , March 22 . ++

John Prosser , and his partner, keeps a grocer's shop in Nicholas-lane ; having missed money out of the till several times, he mark'd half a crown, and sixty half-pence, in the presence of William Axford , with a scratch a-cross the nose of each, and William Axford put them in the till. The prisoner was his porter , and lived in his house. The next morning there was missing twenty of them. Axford and the prisoner went and joyn'd for a pint of purl as usual; Axford chang'd a sixpence, the prisoner gave his penny to the landlord, who gave it to Axford as part of the change, one halfpenny of which was one of those mark'd ; upon which he was order'd by Mr. Prosser to put out all the halfpence he had in his pocket, amongst which there were found seventeen mark'd ones, produced in court and depos'd to.

Guilty .

[Branding. See summary.]

257. 258. (M.) Thomas Pyner and Mary Bowen , widow , were indicted for that they, on the 27th of March , about the hour of one in the night, the dwelling-house of the Right Honourable the Earl of Suffolk and Barkshire , did break and enter, one, spring table-clock and case, value 6 l. one trunk, value 2 s. 6 d. one box, value 2 s. 6 d. the goods of the aforesaid Earl did steal, take and carry away . *

Ann Stodard. I was servant to the Earl of Suffolk in March last and lived in the house alone, in Duke-street, Westminster . I went to bed about half an hour after eleven o'clock on the 26th of March. The next morning the porter, William Robins , brought two boxes; he knock'd me up, and said, here are two boxes directed for my Lord; and said he must have a shilling: I said, I had no account of them, and not knowing the hand-writing, I would not pay him. I ask'd him where he had them; he said, of a man and woman in the street. I stood arguing with him some time, he said he should lose his morning's work; I went to look on the clock and found it was gone; I told the porter, if he was an honest man he would come in and help me look about, which he did; then I missed the two boxes, which were the same the porter had at the door. He said, he should knew the people again. The clock and boxes were produced in court, and depos'd to by her as her Lord's property, and that she saw them over-night in the house.

Q. Were the door and windows all fast before you went to bed?

A. Stodard. They were all fast. I found afterwords, the outward door in the area had a hole on in it, so as to put in a hand and push back the iron bolt; and the inward door also was cut in the same manner, and the bolt push'd back.

John White . The Prisoner, Pyner, was taken before Justice Fielding, there he confess'd the fact and sign'd his confession. It was read in court to this purport: That he, together with Mary Bowen, did on a Thursday in March last, between the hours of one and two in the morning, go to the house of the Right Honourable the Earl of Suffolk, &c. That he got into the area and pull'd down a pannel of the shutter, unbolted the sash window, and got in and took a clock, one box, and one trunk, and handed them out of the window to Mary Bowen , &c.

John Robinson . I am constable: I took the prisoners up, and saw Pyner sign this confession; and that he was sober, and did it voluntarily. The woman told me, that she and the man broke into this house and took the clock out, and pawn'd it for three pound in the name of John Parsons , at a pawnbroker's in Bridges-street ; I went with a search-warrant there, and the clock was produced. When it was brought to Justice Fielding's Pyner told me, he knew the clock too well to his sorrow. The pawn-broker's man was there, and said the prisoners both came together to pawn it.

John White . The porter told me before the prisoner, Pyner, was taken, he was sure to know him again if he could see him, and described him before I saw him: That he went with him to Hewet's-court, were the prisoners both lodged together, and found them. I know these goods to be my Lord's and in the box and trunk were pack'd up some writings, in order to be sent into the country.

William Robins . I am a porter: On the 28th of March, the two prisoners at the bar delivered the box and trunk to me, a month ago to morrow, about five o'clock in the morning, at the end of Duke's-court by the King's Meuse; there was written upon them, To the Earl of Barkshire in St. James's park. Pyner gave me three-pence, and said I was to receive a shilling when I came there. The rest as Ann Stodard had depos'd.

John Alison . I am servant to Mr. Johnson, a pawn-broker at the corner of Russel-court: On the 28th of March, about the middle of the day, these two prisoners brought this clock to pawn, in the name of Mary Stevens ; I lent her three pounds upon it; she came also along with the gentleman when he came and took it away.

James Tompson . I saw the two prisoners between nine and ten o'clock at night, March the 26th, come into the Hampshire Hog in Charles-street, Westminster, that is about fifty yards from my Lord's house; they remained till about eleven.

John Weston . I am a watchman in Charles-street: About eleven o'clock at night, as I was going by the Thistle and Crown, the woman at the bar came out there, and bid me a good night; about twelve the man and she came by me together, and between one and two she was coming down again. I said to her, what do you walk backwards and forwards for? Said she, I am going for a midwife.

Both guilty of felony, acquitted of the burglary .

[Transportation. See summary.]

259. (M.) Margaret Edwards , spinster , was indicted for stealing one silk gown, value 2 s. four linen caps, value 4 d. one pair of stays, two shifts, one linen apron , the goods of William Williams , March 12 . *

William Williams. I took the prisoner into my house upon charity, as a servant , in Feb. she was at my house about 14 days, then she went away with the things mentioned, &c. I found her on board a ship at Woolwich, amongst some sailors, she had the stays; I took her home with me, she brought the four caps, a silk gown, an apron, and two shifts with her, and deliver'd them at my house.

They were produced in court and depos'd to.

Guilty 10 d .

[Transportation. See summary.]

260. (M.) Mary Jennings , was indicted for stealing one linen handkerchief, value 2 d. one pair of damask shoes, one china dish, one linen sheet , the goods of Thomas Ridge , March 18 . *

Guilty 10 d .

[Transportation. See summary.]

261, 262. (M.) Jer Murphy and Mary Dort , were indicted for stealing twelve pieces of wood, value 10 d. the goods of James Steadman , March 16 . + . Both guilty .

[Transportation. See summary.]

263. (M.) William Brightman , was indicted for stealing one silver watch, value 2 l. 2 s. the property of Arthur Watts , in the dwelling-house of Christopher Shaw , April 10 . *

Arthur Watts. On the 9th of April I was at the Golden-cross near Charing-cross , the house of Christopher Shaw ; I lay there that night, when I went to bed I hung my watch upon a nail, and miss'd it the next morning about half an hour after five o'clock. The prisoner is a soldier that was quarter'd in the house; I took him upon suspicion; going to take him to the Justice he confess'd he had taken it, and pawn'd it with one Walbank, in Angel-court Westminster, for a guinea and a half.

James Walbank . I took this watch in of the prisoner, and lent him a guinea and a half upon it, on Good-Friday, about nine o'clock in the morning.

Peter Colman . I am constable: I went with the prosecutor to the pawn-broker's house, he deposed to the prisoner's confession, and produced the watch; the prosecutor mentioned the name and number, Thomas Chambers , No 571, and depos'd to it.

Prisoner's Defence.

I went up to bed about eleven o'clock; I found something under my feet in the passage going in, which was this watch, so I pawn'd it for a guinea and a half to Mr. Walbank.

Guilty 39 s .

[Transportation. See summary.]

264, 265. (M.) Elizabeth Nesbit , spinster , and Mary wife of John Parnell , were indicted, the first for stealing one pewter pint pot, value 12 d. the property of Edward Buckland , and one pint pot, value 12 d. the property of John Hodges , and the second for receiving them, knowing them to be stolen , March 9 . *

Edward Buckland. I keep an ale-house , and had missed pots often; I had a suspicion of the prisoner, Nesbit, I took her up on the 9 th of March, she confess'd stealing them, and selling them to the other prisoner. We got a warrant and search'd Parnell's house , her husband went backwards into the yard and run away; in the house we found some lead old and new; in a closet we found a large quantity of pint and quart pots, squeez'd together and the names ras'd out, so that we could not tell who they belonged to, and amongst them the two pots mentioned in the indictment. They were produced in court, and depos'd to by both Buckland and Hodges, their names upon each. We took the prisoners before the Justice, there Nesbit said, she never sold any but what she sold to Parnell. Parnell said, she never bought any but what she bought of Nesbit.

Q. Did Nesbit confess stealing your pint pot mentioned in the indictment?

Buckland. No, my Lord: This I lost, I suppose, on the Thursday or Friday, and it was found again on the Saturday.

John Hodges . About twelve o'clock, May 9, I had a pint of beer from my own house; I keep an ale-house, and work at a glass-house ; I empty'd the pot and put it down behind me, in a little time I miss'd it; this Nesbit was in the glasshouse just before. I was with the other evidence in searching Parnell's house, and found it there in about two hours after it was lost. Nesbit confess'd she sold a quart pot and mine together to Parnell for ten-pence. Mrs. Parnell lives but about 400 yards from my house.

Nesbit guilty 10 d . which being petty larceny, to which there can be no accessary, Parnell was acquitted .

[Transportation. See summary.]

266. (M.) Judith Cevit , spinster , was indicted for stealing one seal set in gold, value 30 s. two silver tea-spoons, value 3 s. one linen shift, one lac'd cap, one napkin , the goods of Mary Perkins , spinster , now wife of William Dad , March 7 . ++

The prisoner had liv'd a servant about fourteen days with the prosecutrix, and by her account was about thirteen years of age. It came out on the prisoner's confession, which the prosecutrix own'd was made upon her threatening her, &c. she was acquitted .

267. (L.) Charles Fletcher , was indicted for stealing three gun locks, value 9 s. the goods of Ann Gregory , widow , ++ Guilty 10 d .

[Whipping. See summary.]

268. (L.) John Peacock , was indicted for stealing one wicker basket, value 6 d. and four dozen pounds of butter , the goods of Thomas Jarvis , March 19 . ++ Acquitted .

269. (L.) Mary Dennis , was indicted for stealing six yards of linen cloth for hoop-petticoats, value 10 s. one copper sauce-pan, value 2 s. the goods of Hannah Stain , April 4 . ++ Acquitted .

270. (L.) Edward Philips , was indicted for stealing one wooden measure for coles, bound with iron, call'd a half bushel measure, one peck measure, and one half peck measure, the goods of Thomas Goddard , March 9. +

Thomas Goddard . On the 9th of March, about eleven o'clock at night, I had been from home about five minutes ; coming up to my door, I heard one John Wynn say to my wife, a person was gone out of my cellar with some things; I look'd down and saw my coal measures were gone; I went up the alley towards Fleet-lane, at the end of which I saw the prisoner with my three measures on his head; I laid hold on his shoulder, he threw them down and run, and I after him and took him. They were produced in court and depos'd to.

Prisoner's Defence.

I had these measures of a young man, he stood with them on a post at the top of Bear-alley, I was coming down; I ask'd him if he wanted any body to carry them for him; he said, he would give me three-halfpence if I would carry them to the bottom of Seacoal-lane.

Guilty .

[Transportation. See summary.]

271, 272, 273, 274. (M.) Richard Morris , John Commins , James Hayes , and James Bryan , were indicted for that they, together with two other persons not taken, on the king's highway, on William Dudsdon did make an assault, putting him in corporal fear and danger of his life, one shagreen case, with six lancets, three half guineas, and 4 s. 6 d. in money number'd, from his person, and against his will, did steal, take and carry away , November 25 . *

William Dudsdon. I am an apothecary : On the 25th of November last, returning home from Charing-cross, about a quarter after twelve o'clock at night; as I was in Catharine, or Bridges-street, I know not which, not knowing where they end; opposite York-street end I was attack'd by seven people armed with pistols and cutlasses; there were two pistols pointed to my head, they told me, if I made any resistance they would blow my brains out; they surrounded me and rifled my pockets; they took from me a shagreen case with six lancets in it, three half guineas, and 4 s. 6 d. in silver; whether my hat fell off I cannot tell, but they put another on my head, and after that cut me through that and my wig, the hat and wig were produced in court with a cut in each, then they left me. I met two gentlemen, of whom I desir'd assistance to take them, but they did not assist me. I went and seized one of the thieves by the arm, and another of them came and struck me over the arm, and rescued him from me.

Q. Was it any of the prisoners do you think you seized?

Dudsdon. I think it was Morris, and also I think I saw Morris at the time I was surrounded by them, but I do not swear that I think he was one; I saw him before Justice Fielding, and I then thought the same I do now.

Q. Can you tell who gave you that blow on your arm?

Dudsdon. I cannot tell that; then they chas'd me out of the street, with the cry, d - n him, kill him, altho' there were three watchmen, and two chairmen, standing at Drury-lane play-house passage at that time; the watchmen came to my assistance.

Q. Can you recollect any of the other Prisoners ?

Dudsdon. I cannot, my Lord, it was pretty dark.

Q. Have you ever met with the case and instruments again?

Dudsdon. No, my Lord.

William Freestone . About the 24th, or 25th of Nov. on a Saturday, the prisoners, I, Francis Urwin , James Field , who is since executed, (see No 100 in this mayoralty) and Thomas Burt , met together at the Fox in Drury-lane; we agreed together in order to go out to rob the first person we met, that we thought worth robbing. We went out about eight o'clock, and came in again a little before nine, having not met with any thing. We drank three full pots standing, and between nine and ten we walk'd out again. We walk'd round Bloomsbury-square, Grosvenor-square, and coming up the Strand we came up Bridges-street, this was about twelve o'clock. Morris swore an oath to James Field , he would not go home without a supper. Just as we came to Vinegar-yard we saw the prosecutor, James Field laid hold on his head and squeez'd him to his bosom, and said, d - n your eyes, stand, if you make any resistance you are a dead man, and presented a pistol to the left side of his head; I was very near him, Morris went to rifling his pockets, he had a pistol too when he went out, but I did not see him present it; the hangers were drawn, we had most or all of us hangers.

Q. Did you see any other pistol presented besides that of Field's?

Freestone. No, my Lord, I did not. Morris put the money in his pocket, and gave me the case of lancets, the case was shagreen with a silver edge. Mr. Dudsdon said, gentlemen, I wish there were but three of you, you should not rob me; then I saw Hayes go up to him, and strike him on the head with a hanger; Hayes before, as Morris was rifling him, took off his hat and put his own on the prosecutor. We were going away, I heard a rumble, and I saw Mr. Dudsdon had got Bryan by the hand; I said to Field, he is going to get one of our company away; I went back and laid a stick over his arm, and brought Bryan away; then we went round, and so home to Pendegrast's lodgings, which was on the backside the Fox, and there divided the money. (See No 254 in Sir Samuel Pennant 's mayoralty) Morris there produced two half guineas, and about four shillings in silver. The next day we saw it advertised three half guineas, and some silver.

Susannah Cooper . Freestone lodged at my house about ten days, a little before Christmas, and on that time the prisoners used to come to my house to see him, as also did Pendegrast, and Field. William Woolse , son to Susannah Cooper , depos'd the same.

Morris's Defence. I have some witnesses to call.

Commins's Defence. I was sick at that time.

Bryan's Defence. I am a stranger, and have not been long in this country.

Hayes's Defence. I am ill, and cannot speak.

For Morris.

John Warner . I have known Morris three or four years.

Q. What are you?

Warner. I am an officer in Whitechappel-court : I had arrested a man, one William Sadler , who liv'd on Saltpeter-bank, and he was got away. I came to Morris's house, and Alexander Wells was there, he was the plaintif, Nov. 24 about five o'clock; we staid there till ten, we had a bit of roast beef hot for supper; we drank to the tune of three or four shillings amongst us, Morris keeps a publick house; at ten o'clock we went away to Saltpeter-bank, and there staid till one; Saltpeter-bank is about three or four stone's cast from Morris's house; we went in at Mr. Scott's on the Bank, and had three full pots there ; we went to re-take the person who had made his escape from me, it was after two o'clock before we got back to Morris's house, where we had a full pot of beer, and then separated, after having agreed to meet again there the next day, to see if we could find this man.

Alexander Wells . I know Mr. Morris to be a very honest man. Mr. Warner had an action of mine against one Sadler; he and I were at Morris's house on the 24th of Nov. there he had a little supper of beef and pudding, he ask'd me to stay to supper. I came there between five and six o'clock, and said to him, this Warner has lost my prisoner, and takes no care to get him again. Mr. Morris sent for Warner, saying, he was a very good customer to him, and had been there about an hour before; he came between six and seven, and about eight we went to supper. After that Mr. Morris said, I'll go along with you to serve Mr. Warner, to take this person; there was a dispute about taking him without a constable; we went on Saltpeter-bank and watch'd for this Sadler, his time being to be out about one in the morning, he works at the glass-house, so do I: we went into the black Lion and had some beer, but what quantity I cannot tell; we were together till four in the morning.

Charles Shewler . I know Freestone, I saw him in Clarkenwel bridewell, and said to him, I am sorry to see you in this condition; he said, he never could sleep in his bed thinking about Morris ; saying, he was innocent as the child unborn; but the thief-takers said, if he did not swear against him, they would hang him.

Q. What are you?

Shewler. I drive a hackney coach, and live in Whitechappel : I have drank many gallons of beer with Freestone, I have known him some time, and I have known Morris as long, and I respect them both as far as good friendship.

John Davis . I have known Morris fourteen years, he has a very honest character for whatever I heard.

Mary Sampson . I have known him these sixteen years, I never heard he had an ill character.

Mary Rogers . I have known Morris between three and four years, I live within three or four doors of him; he always behaved very handsom, and every body gave him a very good character.

Robert Pratt . I have known him six or seven years, and never saw any dishonesty by him.

Roger Farrel . I have known him six or seven years, I never heard any ill of him.

For Commins.

John Lang . I know John Commins very well, I attended him from the 8th of November, in a room of mine, till the 20th of December; he had a nurse which I recommended to attend him also, her name is Connoley; I never found or heard of his going out of the room, till the week before Christmas; he could hardly turn himself in his bed without the help of the nurse; I attended him every day, sometimes twice a day; he came under my hands by the recommendation of a person that I had cured before.

Q. Where do you live?

Pratt. I live in Exeter-change-court, in the Strand, opposite the Running-horse: I laid the prisoner down in a salivation; he, according to agreement, paid me two guineas at first coming, and the other two when he was well.

Jane Connoley . I was employ'd to be a nurse-keeper to Mr. Commins, 5 weeks before Christmas, at Exeter-change in the Strand ; I attended him five weeks and three days, I went away the Thursday before Christmas, he never went abroad in that time, for he kept his bed most part of it. Mr. Lang paid me half a guinea a week for my board wages.

Esther Lang . I am wife to Mr. Lang. She confirm'd his testimony.

William Floyd . I am a taylor and staymaker : I work'd with him in one shop about half a year, he is a taylor ; we work'd together for one William Newton, in Crown court, about a year ago.

Nicholas Lenard . I am a shoemaker: I have known Commins a year and better, his general character is nothing but what is honest, I never heard any ill of him.

Q. Do you know he was tried for his life last assizes at Kingston ?

Lenard. I have heard so: But he was honourably acquitted.

Q. Was you an evidence for him there?

Lenard. I was not, Sir.

All acquitted .

For Commins see No 641 in Sir William Calvert 's mayoralty, and also No 13 in the last Kingston paper.

(M.) James Hayes , James Bryan , and John Commins , otherwise Jack the Taylor, were a second time indicted, for that they on the king's highway, on John Howard did make an assault, putting him in corporal fear and danger of his life, one hat, value 1 s. from his person did steal, take and carry away , Dec. 12 . ++

John Howard . On the 21st of December, about half an hour after nine o'clock at night, going home to Silver-street, Bloomsbury-market , I made a stop in that street to make water, at that time five men pass'd by me, I took no farther notice of them ; one of them turn'd upon me, took hold of me, and clap'd a pistol to my face, and said, you are a dead man if you resist or make a noise, repeating it two or three times. I was a little affrignted at first, but my spirits soon arose; they began to rifle my pockets, and tumbled me down; I observed a little fellow very busy about me; I cry'd out thieves and murder, and at the door where I fell the gentleman threw open his parlour window, the neighbourhood was pretty much alarmed; then they ran all, but he that had the pistol, which I believe is James Hayes , but I do not swear it; they took my hat away with them, and nothing else, he with the pistol jobb'd the muzzle of it in my face several times, and very narrowly missed my eyes, but he soon made off after the others: I can say nothing to any person but Hayes, when I saw him in Bridewell amongst other people, I then thought him to be the man.

William Freestone . The evidence in the former trial deposed that himself, John Commins , young George Hussey , who was executed last Assizes at Reading, and James Bryne and Hays were the persons that did this robbery, but his testimony not being strengthned by other evidence of credit, they were all 3 acquitted .

275. (M.) James Snalock , was indicted for stealing one pair of stone buttons set in silver, value 2 s. the property of Rice Evers . March 4 . +

Rice Evers. I am a salesman and broker , the prisoner came to my house the 4th of March, and said he wanted a pair of buttons for his sleeves; I shewed him three pair, he seemed to toss them from hand to hand very artfully: after he was gone I missed one link, about two hours afterward he came again, and said, Sir, I believe I must give you your price; then he handled them again and said, I'll go and tell the gentleman, and if he likes them at the price I'll come again; then I missed the other link: about an hour after this I saw him go into a neighbour's shop; I asked him what he had done with my buttons. I carried him to the constable at the next door: he was carried before the justice, the justice asked him if he had any money to have paid for the buttons if he had bought them; he said he had lost it a gaming at such a house. I went to that house, he had been there, and had had only a pint of beer. When he was about to be committed, he then said he had dropped the buttons in the constable's coal box, we went and found them behind the box.

Peter Tomb , the constable, confirmed the same:

Guilty .

[Whipping. See summary.]

276. (M.) Richard Peacock , was indicted for stealing one quilted petticoat, value 10 s. the property of John Stone , April 9 . +

John Stone . I live in Hatton-garden , the prisoner is a soldier and was quarter'd in my house; last Monday sen'night my wife gave him a candle at about 12 at night to go to bed, he went up stairs, but went out and left my doors open all night; the next day we found a trunk broke open, and a white quilted petticoat of my wife's was missing.

Mary Stone , Wife to the prosecutor, confirmed the above.

John Bivon . I am a watchman in St. Martin's, I and another watchman took the prisoner out of a night cellar with this petticoat under his arm; he had told us different stories about it, where he had it and whose it was.

George Graunt , another watchman, confirmed the testimony of Bivon.

Peter Nichols the constable produced the petticoat, the prosecutor and his wife deposed to it.

Prisoner's defence. I never saw the petticoat in my life before, Guilty .

[Transportation. See summary.]

277 (M.) Francis Parset , was indicted for stealing 22 s. 6 d. in money , the money of William Jackson , March 17 . ++ Acquitted .

278. (M.) William Pritchard , was indicted, for that he on the king's highway on Thomas Grimstead did make an assault, putting him in corporal fear and danger of his life, one hat, value 2 s. from his person did steal, take, and carry away , March 23 . ++

Thomas Grimstead . On the 23d of March between 8 and 9 at night I was going to my washerwoman's house, when I was in Red Lion Street I felt something behind me move my head , I clapped my hand up to my head and my hat was gone, he walked by me with it in his hand, then I cry'd out stop thief, then Edmund Sleath followed and stopped him, he flung the hat down just as he was taken.

Q. Did he speak to you, or strike you before he took your hat?

Grimstead. No, my lord.

Edward Sleath deposed to the pursuing and taking the prisoner, and that the hat was pick'd up about 5 or 6 yards from him when taken, and that as he ran he had a hat on his head and another in his hand, Guilty of felony only .

[Transportation. See summary.]

279. (M.) Elizabeth Paxton , was indicted for stealing one cloth coat, value 15 s. one cloth waistcoat, value 10 s. one silk handkerchief, one linen handkerchief, and seven iron keys , the goods of Charles Peirce , March 14 . *

Charles Peirce. On the 14th of March this coat and waistcoat with the other things in the pockets, were hanging upon the banisters or behind the door; a neighbour that lives a-cross the street told me, she saw the prisoner at the bar go out at my door with the coat and waistcoat she was taken up the Saturday following at a pawn broker's offering to pawn one of the handker chiefs, the handkerchiefs produced in court with the letter P. upon it and deposed to: she was carried to the round house, there she delivered to me my keys and the other handkerchiefs, saying she took them all out of my house, and she told me she sold the coat and waistcoat to Jobb Holt who keeps a gin shop for a guinea, we went and searched the house and found them, produced in court with the other things and deposed to.

Thomas Rutherford , the constable, confirmed the above, Guilty .

280. (M.) William Bishop , was indicted for stealing 4 linen waistcoats, value 4 s. one pair of canvas trousers, value 10 d. the goods of Thomas Johnson , March 13 . *

Thomas Johnson. I lost these things mentioned the 13th of March about half an hour after eight, I had seen them about half an hour before, I detected the prisoner in Leaden-hall street on the 15th of March with two of the waistcoats on his back and the trousers on, I took him up; then he confessed he had sold one and pawn'd another of the waistcoats; I went to the pawnbroker's where he said he had pawn'd that, and fetch'd it out.

Thomas Hitchman . The prisoner pawn'd a blew and white waistcoat with me for 5 shillings, Thomas Johnson came and own'd it, and I gave it him.

Thomas Hermitage . I keep the black horse in Well Street facing Well close Square, the prisoner came in there the 12th of March, he had a pickle herring and a pint of beer, and stay'd 3 or 4 hours, he had neither shoe nor stocking on then; and on the Thursday he came in with 4 waistcoats on at once, and his own waistcoat upon them; he had then shoes and stockings on. I took him on the 15th at the hog and armour alehouse in Leaden-hall street; I went in accidentally for a pint of beer, there was the prisoner; I had heard Mr. Johnson had been robb'd of those waistcoats, I sent for him, he came, we got a constable, then the prisoner confessed he went into Mr. Johnson's shop and took the things, Guilty .

[Transportation. See summary.]

281, 282. (M.) Arthur Murphy , and Walter Innes , were indicted for stealing three stock beds, one feather bolster, two feather pillows, three blankets, one stuff petticoat, three iron grates, all valued at 22 s. 6 d. the goods of Elizabeth Taylor , widow , in the warehouse of the said Elizabeth , March 9 . +

Elizabeth Taylor . I live in Shadwell parish , I lost all the things mentioned in the indictment out of my warehouse, March 9. I missed them in the morning between 5 and 6 o'clock, the lock was broken, and a padlock that was on the door besides was taken away. I went to Justice Bury's and got a search warrant, and took a neighbour and a constable and went and search'd the house of Murphy, and there I found some of my bedding and a woman lying upon them, there were a bolster, 2 pillows, a blanket, and a quilted petticoat, Murphy told me Walter Innes brought them to his house between twelve and one at night, and desired I'd take him as soon as I could. I went by his directions, and found him selling the other things at his house in Norman-court, Rag-fair, he had sold the grates to Cornelius Donnovan .

Cornelius Donnovan . I bought the three pair of grates, and a pair of dogs of Walter Innes , he told me he had some old beds and other things to sell, we took the old grates to Robert Otway 's, I believe they were there not half an hour before Mrs. Taylor came and own'd them. I was gone to see the bedding, and a young man came and Mrs. Taylor with him; then she told me the grates and other things were her property, I was to give six shillings for the grates.

Elizabeth Ford . I bought the grates, they weigh 110 pounds, I gave a penny a pound for them.

Innes's Defence.

A man came and drank with me the day before, and asked me if I could sell such things for him, I went up to this gentleman, and said a man that had broke up house keeping had such goods to dispose on.

Murphy's Defence.

I was a bed and asleep when Innes brought in these things, Murphy acquitted , Innes Guilty, 4 s. 10 d .

[Transportation. See summary.]

283. (M.) Richard Dixon , was indicted for stealing 60 pounds weight of iron , the property of Ambrose and John Crawley , Esqrs. April 2 . +

Thomas Makenzey , Mr. Ambrose, and John Crawley are partners, I am foreman to them, I had set by 3 square bars of iron on the 2d of this instant to make some gudgens on for the West-Indies, going to work the next morning they were gone, the prisoner worked under me.

Thomas Saunders . I took the prisoner on Lime house causeway on the 2d of this instant, between 9 and 10 at night with these 3 pieces upon him.

William Collingburg and Richard Sire deposed to the taking of him being present, the three ba were produced in court and deposed to by Makenzey, as the property of Moffrs, Ambrose Crawley , and Company.

Guilty .

[Transportation. See summary.]

284. (M.) Rachel Bailey , widow , was indicted for stealing one linen and cotton gown, value 15 s. one linen handkerchief , the goods of Anthony Wyer , April 11 . *

Anthony Wyer. I live in Montague-street, Spittlefields ; on the eleventh of this month in the morning, I went up stairs and left my young child below. The child called out, daddy, daddy, the woman has stole my mammy's gown; I run down out of the house and detected the prisoner in Bell-lane, with the gown and handkerchief under her arm; produced in court and deposed too.

James Burdect . I live next door to the prosecutor, I heard a noise, seeing Mr. Wyer run, I run, and was at the woman almost as soon as he, the woman had the gown loose under her arm not bundled up. When he took hold on her she said pray let me go, it is the first thing I ever stole in my life.

Prisoner's Defence.

I had been at White-chappel, I met a woman, she said you look a little concern'd; said I, I am very uneasy in my mind; she told me she would help me to half a day's work, and bid me hold those things while she went a little way and came again.

Guilty .

[Transportation. See summary.]

285. (M.) Mary Dunslow , Spinster , was indicted for stealing one silver watch, value 20 s. one gold ring with one ruby, and two diamonds in the same, one pair of silver shoe buckles, a mother of pearl patch box , the goods of Richard Marshal , April 12 . *

Richard Marshal. The prisoner lived servant with me; on the 12th of this instant I had some business at Westminster, I went from home about 10 o'clock, I made haste home; then I found my room door burst open, I missed a silver watch, a small diamond ring with the rim gold, a mother of pearl patch box rim'd with silver, a pair of silver shoe buckles, the chases were iron, this was about twelve that night: my servant and son told me there was a man in bed with the maid in the kitchen, the kitchen is backwards where she used to lie; then I went to the watch-house for assistance, and Mr. Colgrave the constable of the night, and two watchmen came with me. I ordered my servant to knock at the kitchen door, and tell the prisoner we wanted some plates out of the kitchen; she opened the door and we burst in; I took the man in bed and charged the constable with him. I asked the girl some questions. When I got them to the watch-house, she would not give me any account of the things. I took her to a little place backwards in the watchhouse, then she said if I would discharge the man she would tell me where the things were. I went back with her home, she took me backwards, and in the necessary house she had wrapp'd the things mentioned up in rags, and tuck'd them in a hole under the stairs, which go up over the necessary.

Prisoner. I have nothing to say, Guilty . ||

|| See No. 206, in the last Sessions paper.

[Transportation. See summary.]

286. (M.) Gerrard Bunn , was indicted, for that he in his own dwelling house did make an assault on Frederick Benson , one rugg coat, value 14 s. one rugg waistcoat, value 5 s. one knife, one linen handkerchief, against the will of the said Frederick, from his person did steal , March 18 . *

Frederick Benson was a Hamburger and understood English very well, but talked it not very intelligible, so Christopher Gates a Hanoverian was sworn to interpret sentence by sentence to the court, which was as follows,

Frederick Benson. On Monday morning at half an hour past three, the 18th of March, the prisoner came and attacked me in the street by the Tower .

Q. Who attacked you?

Benson. He took me by the coat and arm, and said I shall go along with him, and shall have a good fire and a good lodging; he took me thus into his own house near there: when I was in the house he asked me whether I had any money; I said I had got no money, for what must I have money I asked him? he answered, you thief I lent you ten shillings in the street; then he searched my pocket, and took out a linen handkerchief, snuff box and knife, then he said you thief pull off your cloaths, and took a pistol and held it to my breast. I was so frighten'd, that I could not pull off my cloaths, so he pull'd them off, the same coat and waistcoat I have now on; then he took out one of my buckles from my shoe, and look'd by the light to see if it was silver, he saw it was not, then he gave it me again; then he took a stick and beat me out of the house, and said you thief come no more in my house: so when I was in the street, I went backwards and forwards till five o'clock to watch his door. I met Luke Smith a watchman, and told him the story as well as I could; he went with me to the constable, the constable said he must have an order from a justice; then we went to a justice, the watchman knows his name: then we went to the prisoner's house, I asked the prisoner if he knew what he did to me last night? he said yes: I desired him to give me my cloaths, he said I must pay him 10 s. I said for what, at last the prisoner said I should give him a dram to drink together to make it up; then he ordered his wife to bring me my cloaths, which she did and I put them on.

On his cross examination he said he never saw the prisoner before he stopp'd him in the street that night, that he did not stay in the house above five minutes, that he had no beer in the house, that he did not see any women there, but heard the voice of a woman talking up stairs; that he never proposed to sell a handkerchief there; that he did meet a watchman before he met with Luke Smith , but that he could not make him understand him; that he was then as sober as he is now, and that he went and got a warrant the same day in the afternoon.

Mary Hall. I went into an alehouse called the Bremen-arms by the Tower-ditch side, about 9 o'clock on the 18th of March, the prisoner came in, he lives near; said he, was not I used ill here last night? the maid of the house said you used a man ill, you clapp'd a pistol to his breast, and said you'd shoot him if he would not give you his money.

Q. Was this in the prisoner's house?

M. Hall. We had heard it talked of that morning, but not that he did it in the Bremen-arms ; I live at another alehouse hard by the black boy and trumpet, and I happened to be there at this time to see if they had any of our pots.

Q. What answer did the prisoner make?

M. Hall. He said he had authority to do what he did, and he'd do it again, but it was not said at whose house he did this thing.

Luke Smith . I am a watchman in St. Catharine's-court : I met the prosecutor about five o'clock in the morning, the 18th of March, with neither coat nor waistcoat on; he told me he had been robb'd, and that he knew the man that robb'd him, and where he lived; I went with him to the prisoner's house, he was not up; then we went to the Bremen-arms, where he had left his money over-night, which was three half crowns, one shilling and six-pence, and five-pence halfpenny in halfpence, which he received, we had there a pot of beer; then we went to see if the prisoner was up, and we found him up. Said the prisoner to the prosecutor, if you are an honest man you owe me ten shillings. The prosecutor said, he ow'd him not a farthing; saying, he had not been in the house five minutes. Then said the prisoner to a woman, go fetch the man's cloaths. She did, the prosecutor put them on his back. Then said the prisoner, must not I have satisfaction for the money you have had of me? said the prosecutor, I owe you nothing; said the prisoner, I will make it up very easy, you shall give me a quartern of brandy; we had a quartern of brandy, the prisoner and I drank it, the prosecutor drank none; he gave the prisoner a shilling to change, the prisoner kept it all and gave him no change.

Q. Did he tell him then of having held a pistol to his breast, &c.?

Smith. No, he did not then.

Q. Did he tell you, when he met you without his coat and waistcoat, in the street?

Smith. Yes, he did, my Lord.

On his cross examination he said, he could not say he heard the prisoner say, he had lent him ten shillings; that he could understand the prosecutor in some words, but not all he said.

Prisoner's Defence.

This foreigner came into my house at past one o'clock in the morning, he sat down, I was smoaking a pipe; he ask'd me if I had got any beer; I told him I had none in my house, but I would go and fetch a pot. Said he, then go and fetch two, and by the time we have drank them it will be light enough for me to go about my business. We sat about two hours, he told me, he had two pieces of India handkerchiefs, which he had left in a house at Wapping, and if I would lend him a trifle of money, he would be up in the morning and redeem his coat and waistcoat, which he would leave with me for it. He laying the case so plausible to me I gave him the money, he put it into his pocket. Then he said, could I sit down a little longer; said I, the woman is sitting up with the child, and I must go and take my rest; so he went out, and I did not see him till about nine o'clock, when he came with the watchman; then he said, where are my cloaths, they were brought down and he put them on. I ask'd him for the money before he put them on, he told me he had three half guineas just at hand, where he had left them, and that he would come and pay me; we drank a dram together.

Q. to Smith. Did you hear him talk of three half guineas?

Smith. I heard no such talk.

Q. Did he talk of three half crowns he had left any where else?

Smith. No, he did not in my hearing, nor of his coming to pay the prisoner.

For the Prisoner.

Eleanor Bunn . I live at the Windmill in Rosemary-lane, near Tower-hill: On Sunday night, the 17th of March the day kept as a patron to our country, I and some others were at the prisoner's house and had a dish of fish; I sat up with a child that was ill to put it to sleep, and the prisoner was up too; between twelve and one o'clock in the morning a man knock'd at the door, I thinking it was my husband, the prisoner got up to let him in; it was the prosecutor, I had the child in a blanket in my lap. He said, shipmate, let me have a pot of beer. Friend, said Mr. Bunn, I don't sell beer, but if you will have a pot, I'll send for a pot for you; he sat down. The prisoner was going for a pot, he said, you may as well bring two pots, so Mr. Bunn brought two pots in; we drank about for the space of an hour; said he, I am come from India, and have some handkerchiefs to dispose of, and if you will help me to customers, I'll make you a present. Mr. Bunn said, I want nothing of you. Said the prosecutor, if you will lend me six shillings I'll leave my coat and waistcoat, so he tied his coat up in a handkerchief, and pull'd his waistcoat off and flung it down upon the coat; as it lay on the dresser the prosecutor took a knife out of his pocket, and began to piddle with it on the bar. The prisoner said, give me that, I don't think you take it out with a good design; so he took it out of his hand and shut it up, and put it into his waistcoat pocket that lay on the bundle; saying, friend, when you have the other things you shall have the knife. Mr. Bunn said, friend, I'll freely give you the half gallon of beer, or you may call and pay me when you will. The gentleman went out between one and two o'clock, saying, I'll go for the handkerchiefs, Mr. Bunn would have had me go and lay down on the bed and not go home, but I went home.

Q. to the prosecutor. Did you see this woman in the house when you was there?

Prosecutor. I never saw this woman in all my days before now.

To his Character.

Thomas Gilsoyn . I have known the prisoner two years and upwards, I have been acquainted with him in a good many shapes backwards and forwards.

Q. What is his general character?

Gilsoyn. I have nothing to say to any man's character.

Q. Did you ever hear any ill of him?

Gilsoyn. There may be such a thing spoken, but. I know nothing abou t it.

Elizabeth More . I have known him upwards of two years, I know nothing of him but what is very honest.

Mary Lovet . I have known him about two years and a half: I keep a chandler's shop, he deals with me and has always paid me very honestly.

Q. Is he a housekeeper?

M. Lovet. I believe he is.

William Cromartie . I have known him about three years, he is a very honest, sober, and civil man.

John Carwell . I have known him a twelve-month, I never heard any harm of him; he has dealt with me and always paid me.

Ralph Mitchel . I have known the prisoner about three or four years, and instead of being a thief, he has served his king and country along with me, in helping to take thieves.

Guilty .

Death.

287. (L.) Mary , wife of Henry Barker , was indicted for stealing eight linen aprons, value 6 s. the goods of Richard Linch , March 21 . *

The prosecutor lives on Garlick-hill : When his wife was up stairs, the prisoner took an opportunity to go in and take the things mentioned in the indictment: A little child came in and call'd her down stairs, telling her, a woman had been in, and was gone away with some things; upon which the prisoner was pursued by Edward Bailey , and taken in the street with the things upon her.

Guilty .

[Transportation. See summary.]

288. (L.) Thomas Crips , was indicted for stealing six pound weight of brass, value 4 s. the property of William Giles , March 2 . *

William Giles. I am a brass-founder, and sell it finish'd and unfinish'd : The prisoner work'd with me between five and six years. Robert Manwarring brought a parcel of brass, some old some new cast, to me, which he bought of the prisoner. It was produced in court, and all the new depos'd to by the prosecutor. I believe the other to be mine, but will not swear that.

Robert Manwarring . I have bought several parcels of old brass of the prisoner at the bar, I believe about fourscore pound weight within these five months : I never suspected him before, but amongst this parcel seeing some new cast I suspected him, so I would not pay him for it; then I watched him to his lodgings, and by that means came to know who he work'd for, so the next morning I acquainted the prosecutor.

Guilty 10 d .

[Transportation. See summary.]

289, 290, 291, 292. (L.) John Placket , William Stanninot , George Wright , and Samuel Freeman , * were indicted for stealing one copper, value five pounds . the property of Walsingham Beezley , March 11 . +

* See No 569 in Sir William Calvert 's mayoralty, and No 304 in Sir Samuel Pennant's.

Walsingham Beezley. I am a brewer , and live in St. John's-street: On the 29th of last month my servant came and told me, the house in Hockley in the Hole , which I rent, was robb'd of a copper, and some other things. On the Monday following the bricklayer came, and ask'd me if I had heard any thing of my copper; saying, he believed it was stop'd in Smithfield, at Mr. Cave's a copper-smith; I bid him go and see it. he did, and came again, and said it was mine; he had before set it up for me, I have not seen it since.

Joseph Vaughan . I know the copper to be the prosecutor's property, I set it up for him about three years ago, when it was new; it is easy to be known, it is made in a singular form, more like a washing tub than a copper; I saw it at the copper-smith's in Smithfield, where it now is, I know not-how it came there.

Luke Martin . On the 11th of March last I had been at the New-market, coming home I heard a man cry in Smithfield, D - n my eyes, you break my neck: There I saw four men with this copper, one of them, George-Wright, whom I have known from a child, said, It is Luke Martin . Freeman and Stanninot carried me to the King's Arms in Smithfield, and treated me with a full pot of beer. Country-Jack, which is Stanninot, whom I knew before, said, D - n my eyes, I have got a heavy bargain of it, to bring this from Moorfields for a shilling. They went out of the house, and I went to the man of the house, and said, go out and see what they are about; he went out, I desir'd him not to say any thing to them till they had got the copper up; but he went up to them, and said, D n you, what have you got there? They ran away, he call'd out, stop thieves, I ran out and they were gone. The copper was secured at Mr. Cave's, and then advertised, so the prosecutor came to hear of it; he sent for me, I had seen it that day, I told him the same I do here; it is a very uncommon copper, with a large spout almost as thick as my leg; I saw all four of the prisoners, and know them to be the men.

All four guilty .

[Transportation. See summary.]

293. (L.) Jane Daniel , Spinster , was indicted for stealing one wooden box, value 6 d. and 12 s. in money , the goods and money of William Cook , April 8 . + Acquitted .

294. (L.) Richard Tindey , was indicted for stealing one linen handkerchief, value three-halfpence . the property of William Matthew , April 15 . +

William Matthew . I am a baker : I was with my basket in Thames-street , near the foot of the Bridge: I had pitched my basket in order to carry some loaves over the water, a gentleman came and touch'd me on the shoulder, and said, a man had taken my handkerchief out of my pocket, and ran down the turning towards the old Swan; some body had stop'd the prisoner, and when I came there I saw my handkerchief about twelve inches from his feet on the ground; it was produced in court and depos'd to; this was about a hundred yards from the place where I pitch'd my basket.

Mr. Binks. I saw the baker with his basket on his shoulder ; at the same time I saw the prisoner put his hand into the baker's pocket and take his handkerchief out, and walk off with it; I at first imagin'd he had been acquainted with the baker, till I saw he went another way; then I told the baker, and we call'd out, stop thief, so the prisoner was taken.

Guilty .

[Transportation. See summary.]

295. (L.) Paul Scantling , was indicted stealing three yards of stuff, call'd everlasting, value five shillings , the goods of Timothy Collings , March 22 ++

It appear'd by the prisoner's evidence, as well as his appearance at the bar, that he is at times out of his mind; and there being great reason to think he was so when he committed the fact, he was acquitted .

296. (M) William Grigg , was indicted for stealing two pewter pint pots, value 2 s. the goods of Henry Parker , April 4 . +

The prisoner was got over a wall and breaking into Mr. Jenning's house at Shadwell, about three o'clock in the morning, April 4. one Gramwell who lodged in the house heard him, so went down in his shirt, and pursued and took the prisoner; he pick'd up a quart pot and a pint pot, and he before saw one of them in his hand. which the prosecutor depos'd to as his property.

Guilty .

[Transportation. See summary.]

297. (M.) William Gibbs , was indicted for stealing twenty three guineas, the money of John Duncombe , in the dwelling-house of the said John , March 13 . +

John Duncombe . I live at the sign of the Cider Hogshead, near Hidepark-corner : On the 13th of March I went to bed at nine o'clock at night, the prisoner came in after I was in bed; I awaked about twelve o'clock, and told my wife it was time to come to bed; she said, she would come directly. The prisoner follow'd her, and said, I would not have you be uneasy, leave somewhat that is good with us, and I'll take care of the house if she goes to bed. She staid about two or three minutes and then went down. I heard my wife crying after this, so I went down, and she was accusing the prisoner with taking the money, mentioned in the indictment, out of the bar in the back room. Gibbs fell on his knees, and wish'd he might everlastingly burn in hell flames, if ever he saw the money; and likewise took his hat, and wish'd his eyes might fall into it if ever he saw it, or knew where it was. There were three more men in the house, Mr. Corbet, Mr. Smith, and Joseph Jackson , a watchman, lying asleep. I held him all this time, he began to pull me by the coat, and trod on my toes, and said, he wanted to speak with me; he took me out into the yard, and said, if I would never speak of it, he would tell me something to my profit. I said, if you will tell me where my money is, I'll never hurt you. Then he said, he watch'd when my wife went into the room, and he open'd the bar and took the money out, and went and carried it into his wife's green-stall, and had laid it upon an upper shelf. Mr. Smith and I went and look'd there, and found it accordingly. He was lock'd up in my house all the time.

Q. How far is the Stall from your house?

Duncombe. It is about thirty yards, my Lord, or hardly so much.

Sarah Duncombe . On the 13th of March my husband had been ill, he went to bed before nine o'clock ; I believe the prisoner had been in the house some time before my husband went to bed, but he being in another room did not see him. He came down stairs about twelve o'clock in a great passion, and said, why don't you turn the people out of the house? I hurried him up again, and bid him not be angry, saying, I could do better with the company than he could. I went up stairs with him, and staid there about four minutes; the prisoner follow'd us to the stairs foot, and desir'd my husband would not be angry, and said, he would look after the house if my husband would trust him. I heard the door open when I was up stairs, I said, I had left them in the dark, and I must run down, I came directly; they call'd for something in the house, and I served them; there were Corbet, Smith, and another person, I don't know his name.

Altham Corbet. I was in the house on the 13th of March: I had been at the White-bear in Pickadilly to supper: I attend St. George's hospital, we were going to Hydepark corner: Coming by Mr. Duncombe's house, I saw it was not shut up. I said to my acquaintance, we will go in and drink a pint of beer, and we went in; the watchman, Joseph Jackson , was there, and told me, he would go with me, if I would stay there till he came back again; he was going out. I staid till twelve o'clock, the prisoner was in the house before I came in: I remember Mrs. Duncombe's going up stairs to her husband, and the prisoner told her, he would take care of the house, because I was there and did not care to go home, it being late.

Q. Was that all the reason you had for staying?

Corbet. I was playing at cards with a man that was there, and had lost a little money, and was in hopes of winning it back again.

Q. Do you remember any thing of the prisoner's going backwards?

Corbet. I do, for the space of two or three minutes, while Mrs. Duncombe was gone up stairs.

Q. Did you see him go out of the house after this?

Corbet. I can't say I did, for I was employ'd. I remember Mrs. Duncombe coming down stairs, and asking him; if he had let any body into the house; he said, no; she said, he must have the money then. Then he wish'd as before mention'd, and she lock'd the door; he continued in this story of denying it about half an hour; Mr. Duncombe came down without his stockings, he ran about the room like a mad-man; he and the prisoner went out together into the yard, and when they return'd Mr. Duncombe said to me, you may go home for you are very safe, for Mr. Gibbs has confess'd it to me. Gibbs was then in the room, and heard it; I then said, I insist upon your prosecuting him, to Mr. Duncombe; then Gibbs fell down upon his knees, and beg'd for God's sake, I would not hang him, this was in the hearing of all the rest of the witnesses; he confess'd it before us all, saying, when Mrs. Duncombe was up stairs, he went into the bar and saw the key in the till; that he took the purse out, and did not know whether it was gold or silver.

Q. from the prisoner. Did not Duncombe say, he would give a free pardon, and a bottle of wine, to any body that would tell-where it was ?

Corbet. He did, there was a bottle of wine drank, the prisoner took share of it, but they were not friends, for I insisted upon the prisoner being prosecuted; I saw the money afterwards in a green purse.

Joseph Jackson . I am a watchman: I was at the house the 13th of March, I used to light Mr. Corbet home, and was there before he came in; I went with another gentleman, and returned between eleven and twelve o'clock; there were the prisoner, Mr. Smith, and Mr. Corbet, I staid there better than an hour; Gibbs went backward, and presently after went out; Mrs. Duncombe heard the door open, he made a stay out for about six or seven minutes, and was just got in again when she came down stairs. She ask'd him who he had let into the house; he said, no body, to his knowledge; then she said, he must have let some body in, or out, for she had lost twenty-three guineas; then she double lock'd the door, and said, no body shall go out; saying, she would clear all the rest but the prisoner; he then wish'd terrible wishes, saying, he knew nothing of it; at her crying her husband came down, he stamp'd about the house, saying he was ruin'd to all intents and purposes, when she told him what was lost; the prisoner and he went out into the yard afterwards, and came in again, and Mr. Duncombe said, he had found the money, for Gibbs had told him where it was: this was in Gibb's hearing. Then Mr. Duncombe and Mr. Smith went out of doors, and brought in a green purse with the money in it; there was silver and gold in the purse; then the prisoner fell down on his knees, and desir'd forgiveness of all in the house.

Prisoner. That evidence was so drunk that he could not sit on his seat.

Jackson. I was as sober as I am now.

Corbet. The watchman, Jackson, staid to light me home, I believe he was sober, he drank but very little.

Thomas Smith . I was in the house at the same time. He confirmed the above account, saying, he was a lamp-lighter, and was at play at cards with Mr. Corbet, and had just before changed a guinea with Mr. Duncombe.

Prisoner's Defence.

The day that this was done I had been at Sir Walter Blacket 's, when I came home I went to get me a pint of beer; I am a cooper, and live hard by, I have used the house six years; I desire to ask these evidences one question, i.e. Whether any of them know any harm of me, for this I did in a joak.

Corbet to the Q. I have known harm of him by hearsay.

Smith. I never heard any harm of him before this time.

Q. How came you by the guinea you changed there?

Smith. I had it at Christmas time given me for box money.

Duncombe. I have kept the house these three years, he never wrong'd me to my knowledge, only by rubbing out his reckoning, and then swearing he had not had so much; he has a general bad character in the neighbourhood, as any man can have.

To his Character.

William Arnold had known him fourteen years; John Dorset about eleven; Ann Dorset three; Martha Dixon about twelve years, and all gave him a good character.

Guilty , Death .

298. (M.) John Gaywood , was indicted for stealing ten buckskins, value 4 l. the property of Henry and John Bullock , privately in the warehouse of the aforesaid , February 19 . ++

Henry Bullock . I live at Stanwell , I am a leather dresser under my father and brother who are partners, on Tuesday the 19th of February between ten and eleven at night, our maid came in and told us our warehouse door was open, we took a candle and found it so; we went up into the warehouse, and searched to see if we could miss any skins, we found a hat which we thought belonged to the prisoner, he had lived with us servant, and left us about three months before; we brought it down stairs and double-locked the warehouse door. I went to bed, and the next morning the door was open again; then I went up and searched about and missed ten buckskins, which were put there over night, and I believe were there when I went to search about. Then we imagined the prisoner had stole them; we sent about for him, but could hear nothing of him till about a fortnight after; then we sent to him to come to us, he came, we taxed him very hard, and threatned to send for a constable, also we told him we would make it easy with him if he would tell us; he owned the fact, that he had opened the door and taken the ten skins away, and carried 5 of them to Wantage in Berkshire, and the other 5 he sold at Wheatly in Oxfordshire. I went to the last named place, and there I found them at one Mr. Radford's, four of them were cut into breeches, and one whole skin produced in court. There were the workmens private marks upon all the skins, I don't chuse to swear to the breeches, but I do to the whole skin.

Prisoner. I leave it to the mercy of the court.

Guilty 4 s. 10 d .

[Transportation. See summary.]

299. (M.) Judeth Christian , was indicted for stealing one guinea and 14 s. in money numbered , the money of George Harrison , March 25 . ++

Acquitted .

300. (M.) Emanuel Solomon , was indicted, for that he on the king's highway on James Strickland did make an assault, putting him in corporal fear and danger of his life, one hat, value 2 s. from his person did steal, take, and carry away , April 10 .

James Strickland . On the 10th of April, going through Red-lion-street, Goodman's-fields , about half an hour after ten o'clock, the prisoner came behind me and snatched my hat-off and ran away.

Q. Did he say any thing to you, or strike you before he took it?

Strickland. No, he did not, my lord, he ran down into Quiet-row, there he was taken it being no thorough-fare, and the hat found lying within a yard and a half of his feet ; he was got into the mud.

Guilty of felony only .

[Transportation. See summary.]

301. (M.) Elizabeth Bevan , spinster , was indicted for stealing one blanket, value 2 s. 2 linen shifts, value 4 s. one bed tick, one bolster, three stuff curtains, value 7 s. one copper saucepan, one looking glass, the goods of Abraham Clifford , in a certain room let by contract &c . March 22 . ++

Guilty 10 d .

[Whipping. See summary.]

302. (M) John Baker , was indicted, for not surrendering himself according to the king's order in council, August 7, 1747. as information had been given against him, for being aiding and assisting with others in landing and running goods, liable to pay duty, &c .

Charles Chatwood . I am clerk to the sollicitor of the customs, I was present at the taking this information, July 13, 1747 . against divers smugglers for riding with fire arms, &c. A paper is put into his hand, he sees in it John Baker of Hadley ; this was taken before Justice Burdus, Esq; and was upon oath, I saw the justice sign it, and saw the oath administred, and I delivered it to Mr. Ramsdon the 16th, who is a clerk in the Duke of Newcastle's office.

This is the information of William Celley .

M. Sharp. I am clerk to the council, I received this information, it was laid before the king in council, by his Grace the Duke of Newcastle, one of his majesty's principal secretaries of state, held at Kensington, August 7, 1747. where I attended, I had directions to issue an order from his majesty and privy-council, to require all the persons to surrender in forty days according to the act; I sent a copy of it to the printer of the London Gazette, to be printed in the two next succeeding Gazettes, and likewise another to the sheriff of the county of Suffolk, he received it, I have his receipt here with me.

Mr. Owen. I am printer of the London Gazette, I received this order, and printed it accordingly on the 8th and 11th of August, produced and both read in court.

Mr. Charles Stisted . I was under-sheriff in the year 1747, Mr. Robert Edgar of Ipswich was high-sheriff, he sent this order to me, my clerk made out two copies of it, I examined them both by the original order, I inclosed them both in a letter to William Smith a bailey of Beckles, August the 16th, a man whom I knew I could depend upon, to proclaim them according to act of parliament at Beckles and Lestoff, the two nearest market towns to Benacre.

William Smith . I was an officer to the sheriff of Suffolk in 1747, in that year I received this order from the under sheriff, and I proclaimed it at Lestoff the Wednesday following about 11 o'clock in the forenoon, then nailed it up on the market-cross, and also at Beckles on the 22d of August, the market day there about one o'clock, then nailed that up also: these two towns are each about five or six miles from Benacre.

Counsel for the prisoner.

The proclamation was for one John Baker of Hadley to surrender himself, if at the same time there were John Bakers of Hadley, and although this was a John Baker , and living at another place, he cannot be so described as to give him that benefit that the proclamation allows him to take, a fair trial. We'll call our witnesses to shew there are no less than three John Bakers at Hadley, and that the prisoner lived then at a place called Seymore, and that fixing upon this particular man, if he had come upon the proclamation and said his name was John Baker and lived at Seymore, it must naturally be said to him, you cannot be the man, it must be John Baker of Hadley.

John West . I have known the prisoner these 2 or 3 and 20 years, he has lived at Seymore in Suffolk for these three or four years past.

Q. Where do you live ?

West. I live at Hadley.

Q. Are there any John Bakers at Hadley ?

West. There are three there now, there were four till Michaelmas last; there is John Baker a farmer, John Baker a husbandman, John Baker a woolcomber, and John Baker a blacksmith; the husbandman is removed, the prisoner lives now at Seymore, and has done these five years last past.

Q. Did he live there in August 1747?

West. Yes, he did Sir, there is a village between Seymore and Hadley called Carsey.

On his cross examination, he said he was not related to the prisoner, only marrying his mother, that the prisoner is a blacksmith by trade, and has worked journey-work, sometimes in one place, and sometimes in another, that he now rents a little farm of about ten or twelve pounds per year, and has for five years last past, that he deals in hogs and horses, that he was born at Hadley, served his apprenticeship at a place ten miles from thence.

William Phitock . I live at Seymore, the prisoner has lived there five years last Lady-day, I assisted him in his coming with my waggon, I am his landlord; he rents some grazing land of me at 6 l. 10 s. per year there, and he has lived there constantly.

Q. Do you know any of the John Bakers of Hadley ?

Phitock. I do, there are two John Bakers farmers, one a woolcomber, and one a blacksmith there.

Q. What was the prisoner called ?

Phitock. John Baker of Seymore.

On his cross examination, he said the prisoner might have been reputed a smuggler, and that he never was present when he asked advice, whether he should or should not surrender upon this proclamation.

John Smith . I have known the prisoner these thirteen years, he was a blacksmith and edge tool maker, and generally known by that appellation; I am the same, he worked with me in that business ; he went to live at Seymore five years ago last Lady-day, he deals in hogs and horses.

Q. If you had been asked for John Baker of Hadley labourer, should you have directed people to him ?

Smith. No, I should not, there are three John Bakers of Hadley, and another that moved out of town last Michaelmas, I live at Carsey about a mile and a quarter from Seymore.

Thomas King . I have known the prisoner all my life time, he and his family have lived at Seymore five years last Lady-day ; there are three John Bakers living at Hadley now; there was another, but he is lately removed.

For the Crown.

John Nodes . I live at Ipswich, which is about nine miles from Hadley, I was present when the prisoner at the bar was apprehended at Seymore, with a quarter-master and some dragoons, we got to his house, and when the soldiers were properly planted I knock'd at the door; his wife said who is there? Mr. Nodes, I said yes; said she, I'll come presently, the door was barr'd, I could not get in, then said she what do you want, I said, to see what you have got in the house; after we were in she fell down on her knees, and said for God's sake don't ruin me; looking behind a bed where was a maid servant in it, I ordered the candle to be held, so that I could look round it, which stood close to the wall. I saw something white, at last I saw it stir; said I, come out, said the prisoner, I will, said he, it is to no purpose to make any resistance for I know I am outlawed. I have been in his company abundance of times, I never knew he worked at his trade these eight or ten years, and we always called him John Baker of Hadley.

On his cross examination, he said he never heard he was called John Baker of Seymore till lately, and he never heard there were John Bakers lived at Hadley till about three weeks ago.

Charles Parker . I have known the prisoner near twenty years, he went by the name of John Baker of Hadley, nor do I remember he went by the name of John Baker of Seymore, I have been with him many times, I did not know he lived at Seymore, till a little before he was taken there; he once said to me, Charles, you know if I am taken my life is worth nothing.

Thomas Hammond . The prisoner has fetch'd cattle 200 pounds worth at a time from my Lord Leicester's.

Q. Do you not know of a proclamation of one John Baker an out-law?

Hammond. No, I don't, Sir.

Q. Had not you once some conversation with the prisoner about surrendering himself ?

Hammond. No, I never had, Sir.

Q. Did not you forbid him your house?

Hammond. No, Sir, I never did.

Q. Was you in company with Mr. Nodes last Saturday at Ipswich?

Hammond. Yes, and told him he used me very ill, in offering to give a man ten shillings per week, to swear that the prisoner had lodged goods at my house, but he denied he had said so.

Nodes. I never made such an offer to any.

Hammond. The man that told me so, told it before several witnesses.

Q. What are you?

Hammond. I have farmed 250 l. a year these twenty years, I never found but the prisoner was an honest man, I know the three John Bakers at Hadley, a farmer, a blacksmith, and a woolcomber.

Acquitted .

302. (M.) David Mills , was indicted for the murder of Elizabeth Jackson , spinster , March 25 . and stood charged on the coroner's inquisition for manslaughter. +

George West . I live with Sir Paul Methuen in the capacity of a footman; on the 25th of March, a little before eleven o'clock at night, I came up into the porter's-hall, there were Elizabeth Jackson , the porter, Jasper Smith , and David Mills ; Elizabeth Jackson was saying to me this fellow has abused me, for only saying, how can you lye in such an idle posture, or to that purpose, meaning the prisoner; the prisoner to this made use of some indecent words, then several words passed between them; I then went to wind up my watch, she had a candle in a candlestick in her hand, she jumped up and ran towards him upon his indecent expression, and I believe flung the candlestick and candle at him, but I did not see it, my back was towards them; I heard the candlestick fall, and saw it on the ground very near the place were the prisoner stood: at that time the prisoner had a german flute in his hand, and as she ran towards him then I heard a blow, but did not see it given, it light on her left temple: she cried out most terribly, I put my watch in my pocket and took hold on her ; she could not speak plain, but made a strange noise ; I set her down upon a bench; she would have told me something, but could not speak to be understood: there was no blood, but a little nob on her temple; we anointed the place with spirits of wine, she continued much the same for a considerable time, sensible all the time, and went twice to the vault with one of our maids leading her : the first time of her going was in about ten minutes after she received the blow; after this she sat holding her hand to her forehead. We got her something to drink, she shook her head and took in very little of it, she was let blood and bled very well, she died in about four hours time after the blow given, the german flute was produced in court. I do think that blow was the occasion of her death.

Jasper Smith . I am porter, and was there that time, but I was asleep in the hall at the beginning of it, when first I awaked, I found the prisoner and deceased in a sort of a quarrel. I saw the deceased in a violent passion run towards the prisoner, who was between three and four yards distance; she threw the candlestick at his face, I can't tell what words had passed between them.

Q. Did the candlestick hit the prisoner?

Smith. I believe it did: I think he saved it with his hand as it was coming to his face: He was sitting at the same time, and had a musick book before him, with a german flute in his hand: After she threw the candlestick, she follow'd up to him, endeavouring to strike him with her hand; then he struck her across the temples with the flute, he seem'd to strike with some resentment; I ran and took hold of him, she attempted to strike him over my arm, till Mr. West came and took her away; after this she talk'd a great deal, but I could not understand any thing she said, but yes and no; she lived about four hours after; she went twice to the vault, and did not seem to be much affected with it, till about two hours after the blow was given; she could walk very well; I take the blow to be the occasion of her death.

Q. Was she much given to passion?

Smith. She was much.

James Burnet . I am a surgeon, and live in Grosvenor-street : I was sent for to Sir Paul's on the 26th of March, about one or two o'clock in the morning, I found the deceas'd extremely bad with convulsions; she had been blooded before I came, I found her in the agonies of death. I was told she received a blow on the side of her head, and from the symptoms I had had, I found the scull was fractur'd; she liv'd about half an hour after I came there. I opened her scull that evening, and found a fracture on the left parietal bone, above an inch long through both tables of the scull, that is the very thinnest part of all the scull; under that I found a considerable quantity of coagulated blood, by the weight of which the brain could not perform its functions; her scull was remarkably thin, as thin as I could expect of a person five or six years old.

Guilty of manslaughter .

[Branding. See summary.]

304. (L.) Welch Fox , was indicted for stealing four gallons of rum, value 24 s. two gallons of brandy, value 14 s. the goods of John Hewert , October 16 . ++ Acquitted .

305. (L.) Ann Millet , was indicted for stealing one silver watch, value 40 s. one cornelian stone seal set in silver, value 8 s. the goods of William Geattus , secretly from his person , April 3. ++

William Geattus . On the third of April I had been in Crispin-street, near Spittle-square, at an acquaintance's house, with others, to spend the evening; on our return home, about half an hour after eleven o'clock at night, near Whitegate-alley I happened to be about two yards behind my friends; it was pretty dark; I was push'd down backwards, which occasioned a cut on my head, I did not see who push'd me down; when I got up and recover'd myself, which was some minutes first, for I was much stun'd, I said to the gentlemen that were with me, Gentlemen, I am surpriz'd you should use me so, thinking it was done by them; they all said, they saw a creature running by and run against me, and push'd me backwards.

Q. Was you sober at this time?

Geattus. I was, my Lord, but I was looking downwards: Before I could get up to recover myself, she got up and run away; then Mr. Cloves said, where is your watch? I said, here it is, I did not directly put my hand down to my pocket; he put his hand to my fob pocket, and said it was not there; then said he, I'll be hang'd if that creature has not took it. Then Mr. Cloves, Ebit, and Batt, went after her; there were more there who staid with me; I know I had my watch in my pocket about ten minutes before. The prisoner was taken on the other side Bishops-gate in about an hour after, and brought to me; they took her to the watch-house by Bishops-gate, and took her into a room to search her; she turn'd her back to us, stooping down, and held up her hands and said, now search me. I call'd out, there is my watch, it lay on the ground close by her. The next morning we carried her before my Lord-mayor, she was all over fresh mud; my Lord ask'd her how she came to be so muddy, she stood at a stand, and said, she could not tell.

Ralph Cloves . On the third of April I had been with the prosecutor to supper; coming home, between Whitegate-alley and Devonshire-street, the prisoner met us, she went out of the path way; I turn'd about, and saw Mr. Geattus and she down together, she fell upon him; she got up, and call'd out watch, murder, and run away directly; then M r. Geattus got up and came to the watchman's lanthorne, he was very dirty; he said, gentlemen, this is using me very ill, I can take a jest as well as any body, but this is carrying it too far to push me down, and daub my cloaths. His head was broke in the fall.

Q. Was he sober?

Cloves. He was sober, my Lord. I said, where is your watch; he said, here it is; I put my hand to his fob-pocket, and said, it was not there; saying, I'll be hang'd if that creature has not got it. We went in search of her, up one alley and down another, for near an hour, at last she was taken. The watchman that had her in custody knew her, and said, she went by the name of Shrewsbury Nann. Her handkerchief and cloak were all over mud at that time. She was taken to the watch-house, and then into a little room backwards to be searched ; she turn'd her back to the light, and made a sort of a squat to the ground, and then rose up, holding up her hands, and saying, now search me: Then instantly Mr. Geattus saw his watch on the ground, and took it up. I know this is the same woman that met us, and push'd Mr. Geattus down. I saw her by the light of a lamp.

Thomas Ebit , and Peter Batt , who were in company with the prosecutor at the time, confirmed the above.

Prisoner's defence.

I am as innocent as the child in its mother's womb.

Guilty 10 d .

[Transportation. See summary.]

306. (L.) James Pivey , was indicted for stealing one copper scale, value 5 s. the property of Thomas Stafford , March 4 . ++ Guilty .

[Transportation. See summary.]

307. (L.) John Harris , was indicted for forging a certain bill of exchange, sign'd Luke Graunt , for 75 l. bearing date Jan. 14, 1750, Dublin, and for uttering the same knowing it to be forg'd, with intent to defraud , Feb. 8 . ++

The merchant suspected the bill to be forg'd, when the prisoner brought it to him, the writing being not like his correspondent Luke Graunt 's hand. He produced a letter he had received from Luke Graunt , which confirmed him in that opinion, but that not being evidence proper to convict the prisoner, he was acquitted .

308, 309. (L.) Richard Harris , and Peter Spearing , were indicted for stealing 60 ells of check cotton cloth, value 4 l. and 37 handkerchiefs, value 5 l. 10 s. the goods of Thomas Moore , Feb. 23 . ++

Thomas Moore . I live on London-bridge . On the 23d of Feb. my shop was rob'd, I know not by whom; I lost two whole pieces of check, and between three and four dozen of silk culgee handkerchiefs, they being in the window, the cotton stood in it; I saw them both in the morning, I went out about eight o'clock. I saw some of the goods again at Mr. Pain's house, a headborough in Shore-ditch; a pawn broker had stop'd five or six ells of check, and a remarkable culgee handkerchief, for which, the woman who brought them was cast last sessions, her name was Mary Miles . See No 242 in the last paper.

Milcha Trip. I am servant to Mr. Moore: The shop was rob'd in the evening of the 23d of Feb. between the hours of five and nine, of two pieces of check, which was standing in the window, and 37 culgee handkerchiefs, which also lay in the window; I saw them at five o'clock, and miss'd them a little after nine. Mr. Pain advertised five or six yards of check, one check apron, and one culgee handkerchief. I went to see the prisoners at the Gate-house soon after the last sessions.

Esther Waters . I live in Petticoat-lane, Dick ris lived in Wheeler-street, Spittle-fields: I went about two months ago to see one Ann Elsigood , who lived along with him; after that she came and call'd me out of bed, and ask'd me, if I would go with her to Clerkenwell. I went to her house, the two prisoners were then at her lodgings, both drunk in bed, and she was drunk. She shew'd me some silk spotted handkerchiefs, and some check. On the Monday morning, Dick Harris told me he got these things from London bridge, saying, there were two pieces of check, and six dozen of handkerchiefs; adding, they just crack'd the glass of the window ; that he sold them to a Jew for forty-five shillings.

Ann Elsigood . About six or seven weeks ago Harris said he found about nine yards of blew and white check, and some silk handkerchiefs, which he brought in. She was shew'd the check, but said it was a smaller check, so would not swear to it.

Harris's Defence.

I borrowed some money to go to Leaden-hall-market; coming along Leaden-hall-street, on a bulk I saw a bundle lye, I saw no body by it, so I took it ; there were about nine yards of check, and some handkerchiefs. I gave it to this young woman to make her some aprons.

Spearing's Defence.

I know nothing of it.

Both acquitted .

310. (M.) John Coats . was indicted for stealing one linen gown, value 5 s. the property of a certain person unknown, March 13 . *

The prosecutrix is a washer-woman, and lives at Hackney ; she had washed this gown for a person whose name she did not know, and hung it on a line to dry. The prisoner was seen by her looking for rags, &c. on a dung-hill, where he went under the line to get to it; the gown was miss'd, and search was made for the prisoner, he was found, and the gown in his bag; it was produced in court, and depos'd to.

Guilty .

[Transportation. See summary.]

311. (M.) Edward Ward , was indicted, for that he on the second of November , about the hour of three in the night on the same day, the dwelling house of Miles Childery did break and enter, nine pewter dishes, value 20 s. the property of the said Miles, and one hat the property of John Narbury , did steal, take, &c . *

Agnes Taylor. I am Mr. Childery's sister, on the second of November we went to bed at his house, he lives in High-street in the parish of Stepney , I was the last of the family that was up, every thing was fast; in the morning I was called up and told the house was broke open; I came down stairs and went into the yard, and found some person had broke into the yard, and then into the kitchen, which was boarded without side and within, but they had contrived it so well as to break a place were was only lath and plaister withinside; they got first into the skittle ground, then out of that they got into the kitchen; there was a pretty large quantity of pewter in the kitchen, I missed nine large dishes; about a fortnight ago there came some people from Bridewell to let us know they had taken the people who had robbed us: I went to see them and so to Justice Fielding; the prisoner apprehended he should have been admitted an evidence, but his worship admitted another who is here, who said they were apprehensive there were some people coming, or they had took more things: I suppose it was the dog might make a noise in another room; the prisoner also told the whole case, what method they took to get in, and how they robbed the house.

Court. As that was done under an expectation of being admitted an evidence, that cannot be taken as evidence here.

Q. Did he confess to you before he came to the justices?

A. Taylor. He did to me in Bridewell, that he took the pewter and carried it away. I went there and asked the people where the man was who robbed me, they brought the two persons to me; I asked the prisoner how he came to be so well acquainted with the house; he told me he knew nothing of the house, it was the other person which brought him there, and that he took the dishes away, this he said voluntary.

John Robinson . Edward Ward and I went to this house about two or three o'clock in the morning, it was a moon light morning and rained, he lent me a hand over a wall, then I opened the skittle ground window, by making a hole and pushing back the bolt, and he got over a little bank and came and got in: after we were in the skittle ground, the window that is in the kitchen is in the skittle ground. I took a pane of glass out of the window, and unhaspd the casement, and then open'd the window.

N. B. The second part will be published in a few days.

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

HELD AT JUSTICE-HALL in the OLD-BAILEY,

On Wednesday the 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Monday the 22d of April.

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

BEING THE Fourth SESSIONS in the MAYORALTY of the

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

PART II. of NUMBER IV.

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.

John Robinson .

THERE was another shutter within side, I took a knife and cut two of the laths away, then took off the mortar, and put in my hand and unbolted it, so got in, and took out nine pewter dishes, and a hat; then we took them into the skittle ground, put them into a bag we had got, and carried them home. We rented two rooms of Richard Morris , see No 271, who is now in Goal, we gave him fourteen pence per week for them. We doubled them up, and the next day we carried them to one Elizabeth Brease , in Church-lane, about two doors on this side the Ship; she gave us five-pence per pound for them, they came to twenty four shillings, we took twelve shillings then and the other twelve afterwards; she well knew how we came by them, because she dealt with a great many that way; and likewise I told her where we got them; she said, it was very well, and that she would take care they should not be seen; she is fled.

Thomas Ind . I was at the taking the prisoner, he, the evidence, and another, all wanted to be admitted evidence; when they came before Justice Fielding, the prisoner began to tell his worship of the robbery. One of the others told his worship, that Ward had been admitted an evidence before, and hanged one Roberson, a black, and two others; then the Justice refused him to be an evidence again.

Guilty .

Death .

312, 313 (M.) James Marshal , and John Howard , were indicted for stealing one firkin of butter, value 9 s. and six cheeses, value 12 s. the goods of Thomas Price , March 16 . +

Thomas Price . I live in Red-lyon-street, Whitechapel : On the 14th of March, between eleven and twelve o'clock at night, I was in my compting-house; a neighbour coming by, said, why don't you shut down your cellar window? My man and I went down the cellar stairs, and I saw six Gloucester cheeses lying on the window; I miss'd six more, and a firkin of butter, I cannot say who took them.

John Young . James Marshal asked me one day if I would go with him a thieving, we lodge in Cable-street, I told him no; he went over to the sign of the India-arms, and got two pints of beer; I had a new pair of trowsers on, he said, if I would pull them off, and pawn them, he would fetch them out again in the morning. I did for a shilling, we went and spent it, and then went out; we went up into Red-lyon-street, and saw this cellar window open; he asked me to go down, I told him I would not; as I was by the window he shov'd me down, then he bid me hand him up the first thing I could get. I handed him up a firkin of butter, he carried it home, and came again and took six cheeses; at that time I laid six cheeses on the window ready for us next time. We went home, then he asked me to come again, I told him I would not; he said, if I would not he would go and tell the man. Then I went again the third time, when I was got down in the cellar a gentleman came by, and said, the window was open, so I got up and run away; then we went home and staid all night.

Prosecutor. He charg'd Howard, saying, he would go with them the second time to help them with the cheeses, before the Justice.

John Young . I was drunk then, and did not know what I said. I don't know Howard, only by seeing him go up and down Cable-street, where he lived.

Prosecutor. He was not drunk: Then he gave his information against both the prisoners in writing, the Justice's clerk took it.

Marshal. I was along with that boy, meaning John Young , all the evening; he asked me, and I went with him, and had a firkin of butter and two cheeses; Howard was the same time at an alehouse over the way.

Marshal guilty , Howard was acquitted .

[Transportation. See summary.]

314, 315. (M.) Michael Burling , and Samuel Bowles , were indicted for stealing one wooden till, value 1 d. and 6 s. 2 d, in money number'd , the money and goods of Joseph How , March 7 . +

Joseph How . I live in Shore-ditch : On Thursday the 7th of March, about four o'clock in the afternoon, I lost my till; about five minutes after I miss'd it, a lad came and ask'd me if I had lost one, saying, two lads were taken with one, and were at the George alehouse ; I knew there were sundry monies in it, both silver and halfpence; there was found in it, when in the prisoners possession, 6 s. 2 d. I am certain there was more when taken out of my shop. I described the particulars of the till before I saw it; I know nothing who took it, the prisoners did not own the taking it.

William Elsigood . I live in Shore-ditch, and was sitting at a publick-house door at this time: I saw Burling go into Mr. How's shop, the other lad was not with him; he came out with the till under his arm, and walk'd on in the middle of the highway as unconcerned as could be; I thought it to be a log of wood.

Q. Do you know the other prisoner?

Elsigood. No, my Lord. I never saw him before I saw him at the alehouse.

Wilkinson Glover. I saw the two prisoners and another person together on the 7th of March last, about three or four o'clock as I was at my shop door, Burling had the till under his arm at the corner of George yard within a door of my house, I was not quite near enough to hear what they said. I went up to them to see what they had got, they had got two hats put into the till over the money to hide it, the till having a partition in it, and as they walked along neither of the prisoners had a hat on. I took hold of Burling, Bowles ran away; I took off one of the hats and saw it was money. Somebody called out stop thief, then Bowles was stop'd; then I sent my boy out to know who had lost a till, and the prosecutor came, there were in the till four shillings and eight pence half penny in half pence, and one shilling and six pence in silver.

James Cardineau . I live in Shoreditch, I was in my compting-house and saw the street in an uproar; I saw Bowles come running without a hat, a neighbour of mine stop'd him; he said what do you stop me for? the gentleman said, what makes you run? he said he was running after the thief; the gentleman said there was no body gone by ; he was taken to the George where Burling was; there were the two hats which I believe were theirs, but they said they did not know one another.

Burling's Defence.

As I was going up Shoreditch I happened to see a till, I took it to be a drawer, it was behind some shutters, I took it up and carried it along, and I was stop'd with it.

Burling Guilty , Bowles Acquitted .

[Transportation. See summary.]

316. (M.) John Russel , otherwise Kinsey , was indicted for stealing one quilt, value 5 s. one blanket, value 5 s. two linen sheets, value 5 s. the goods of Thomas Lewis in a lodging room let by contract , September 30 . ++

Guilty .

[Transportation. See summary.]

317. (M.) Thomas Cowdell , was indicted for stealing one silver watch, value 50 s. the property of John Butt , in the dwelling house of the said John , February 21 . ++

> John Butt . I live in Virginia-street St. George's parish , the prisoner came to my house on Ash-wednesday, he said he came to tell me of a friend of mine one Daniel Jones that lives in Jamaica, saying, he had sent me a present of a pot of Tamarinds and some Rum, he described the man every way; he making the thing out so plainly I thought it was right; he said these things were coming from Portsmouth to the White-hart in the Borough, and that his brother was along with it; then he said he had been robbed in coming from Portsmouth of nine shillings and some odd half pence, by some thieves that met him upon Putney-common; I took pity on him and gave him some supper and a pot of gin hot, and let him lie in a good clean bed, he lay there till the next day at ten o'clock; then I gave him a breakfast and a pot of brandy hot, I sell coals ; I went out with two bushels of coals, I believe I was not gone 7 minutes. I left him in my house, and my watch in a closet in my kitchen; when I returned the man and watch were both gone, I had seen the watch but two or three minutes before.

Q. Was the closet locked?

Butt. It was only hasp'd, he came to me in the name of Thomas Hall, my wife was in the shop serving of some butter the same time, I went to see for him but could not catch him, but here is a gentleman that stop'd the watch, he advertised I think the 23d of February. The watch produced in court and deposed to. A lad and a woman came and told me the prisoner was at a house in Penitent-street on the 27th, they described him as plain as could be, I went there and there was the man; I took hold on him and gave him an ugly fail and took him before the Justice.

George Delenia . I stop'd the watch, I happened to be at an alehouse, the prisoner came in and said he had been robbed of seven guineas and a half, but happened to save his watch in the sob of his trowsers, and that he had pawned it for 15 shillings, and if any man there would take it out he would sell it; he said he had bought it at Portsmouth, then he said he bought it in Jamaica; he asked five pounds for it, then he drop'd at once to thirty shillings; we thought proper after we had fetch'd it out of pawn to stop and advertise it, then the prosecutor came and owned it.

Prisoner's Defence.

I have served the king during the war, and I never had such a thing laid to my charge in my life time before.

Guilty 39 s .

[Transportation. See summary.]

318. (M.) Thomas Parker , was indicted for stealing one saddle, value 15 s. two bridles, value 5 s. two leather surcingles, value 1 s. 6 d. and one martingal, value 6 s. the goods of Humphry Rand , in the stable of William Tisdale , March 29 . ++ Guilty 4 s. 10 d .

[Transportation. See summary.]

319. (M.) Ann Ramsey , spinster , was indicted for stealing two linen gowns, value 6 s. one cloth cloak, three linen aprons, two shifts, one cloth coat, one pair of cloggs, one pair of shoes, one pair of thread stockings, one pair of lawn russles, three linen caps, one pair of mettle buttons , the goods of Robert Brown , April 14 . ++

The prosecutor's wife had been out, met the prisoner with the goods mentioned in the indictment upon the stairs coming down from her room (the goods produced in court and deposed to)

Guilty .

[Transportation. See summary.]

320, 321. (M.) James Saunders , and Charles Christmas , were indicted, the first for stealing two pair of iron traces, value 6 s. two shovels, value 12 d. the goods of Richard Mince , March 10 . and the latter for receiving one pair of traces knowing them to be stolen . +

Richard Mince . I keep horses and carts and live in Adam and Eve-court, Oxford road , I have lost four pair of iron traces and an odd one, the prisoner Saunders confessed to me, after I had found one of the traces at the other shop, he sold it him ; the last pair I lost was on the tenth of March, the prisoner was coming out of my stable with them in his apron and I met him; we found two shovels at one Bowers's in Drury-lane, which the prisoner Saunders owned he stole from me and sold there, I was one day cleaning the street in Knaves-acre near Christmas's door, I saw a pair of traces hang up there for sale, I said they were stole from me; his wife called me all the rogues she could, I bought them first for twenty pound traces, there were nineteen pounds and a half at a groat a pound, I bought them again of Christmas for 3 s. and 3 d. at 2 d. a pound; I did not chuse to have words, I told him it was only buying a pig of my own sow. Saunders when he was taken up after this, told me he sold them to him for three farthings a pound, these were stole some time before the tenth of March.

Thomas Morris . I live servant with the prosecutor, I know the shovels to be my master's property, the prisoner owned to me in the round-house he stole them. The shovels produced in court and deposed to.

Saunders Guilty , Christmas, Acq .

[Transportation. See summary.]

322. (M.) William Frost , was indicted for stealing three bushels and a half of malt, value 8 s. the property of Abraham Southgate , March 13 . +

Acquitted .

323. (M.) Mary Adams , widow , was indicted for stealing one copper saucepan, value 3 s. one plate 10 d. the goods of Benjamin Webb , March 14 . +

Benjamin Webb . On the 14th of March, a witness that is here saw the prisoner come out of my yard, he told me, I pursued and took her in about 300 yards distance, she had the goods mentioned which just before was in my yard.

Guilty .

[Transportation. See summary.]

324. (M.) Robert Towers , was indicted for stealing two trusses of hay, value 2 s. 4 d. and one truss of straw, value 5 d. the goods of William Wilcox , March 1 . *

The prisoner was hostler to the prosecutor, and had the delivering out the hay and straw; it not being to the value of 40 s. it was not a felony but a fraud, for which the prisoner will be indicted, he being acquitted upon this .

335. (M.) Charles Chase , was indicted for stealing two trusses of hay, value 2 s. 4 d. the property of William Wilcox .

This being an indictment of the same nature, he was also acquitted .

336, 337, 338. (M.) William, John, and Thomas Mayhew were indicted, for that they, in the parish of Gratham in the county of Southampton , with two other malefactors and disturbers of the peace unknown, being armed with guns, pistols, sticks, &c. on the 28th of October, in the 24th year of our Lord the King , between six and seven o'clock in the evening, in a forest, called Wilmore-forest , with malice aforethought did shoot at and against Thomas Bridger , William Bridger , and John Levet , against the form of the statute . *

The witnesses were examined apart.

Thomas Bridger . On the 28th of October last, about seven at night, John Levet , William Clark , and my son and I were walking along the park, they had been at my house, and about a quarter of a mile from my house, I had an occasion to do a chair for myself; I sat down, I saw some men coming, I saw their sticks shine, they walked by me, and said not any thing to me; the three prisoners were three of them, they came within six foot of ground of me, they went up to John Levet and said, d - n you, what sport? No sport, said he; then two of them went to knocking him down directly; there were five of them, the other three turned directly at me.

Q. Who were the other two persons?

Bridger. They are nameless, I don't know them. William Mayhew said, not you, you old dog, and made a stroke at me to knock me down; I catched his blow and knocked him down, then he got up and came on again; then the others had got John Levet down beating him: then after that I had four of them upon me; they knocked me down and kept beating me; my son ran a little way round, he never left me but played about; as John Mayhew was alone beating me, my son saw my stick lying by me, he ran and took it up, and struck John Mayhew and knocked him down, then said Thomas Mayhew , d - n you quit the ground or I'll shoot you, and fir'd a pistol at him directly after the word without waiting for an answer.

Q. How far might he be from your son when he fired the pistol?

Bridger. Within about three or four yards.

Q. What did you do upon this?

Bridger. I was so weak I could not stand on my legs, my skull was fractured. He shewed a very bad scar behind his head bald, with a hole sunk as it were into the skull, with other scars frightful to see.

Q. Did you see the pistol that was fired?

Bridger. I did.

Q. How long do you judge it might be?

Bridger. It might be about a foot long, there were two pistols fired.

Q. Are you sure the three prisoners were of this number?

Bridger. I am sure they were.

Q. How far do you and they live apart?

Bridger. We live within about a quarter of a mile of one another. I knew them when children.

Q. Which way did they go afterwards?

Bridger. They returned towards their own house.

Q. What forest was this done in?

Bridger. It was in Wilmore-forest.

Q. What particular part of the forest?

Bridger. It lies in the parish of Gratham.

Q. What are you?

Bridger. I am an under keeper under Mr. Thomas Levet , who is under Mr. Legg.

Q. Was it light at this time?

Bridger. It was past the first quarter of the moon. She shone then till after twelve o'clock.

Q. Was you hurt much on your body?

Bridger. I had several ribs broke on each side, the surgeons expected I should have died.

Cross examined.

Q. What day of the week was this?

Bridger. It was on a Sunday night.

Q. In what parish do you live?

Bridger. I live in Serborn.

Q. Where do you go to church?

Bridger. I go to Gratham church.

Q. Is it common with you to go into the forest at that time of night?

Bridger. Yes sir, it is.

Q. Which way did these people seem to come ?

Bridger. They came slant way to me, they came to me first.

Q. How far was you behind Levet and your son ?

Bridger. They were about two roods before me.

Q. Did they say any thing to you?

Bridger. They said not a word to me till they came back ; then I had just done my occasion, and put my breeches up.

Q. Who spoke first, John Levet or they?

Bridger. They did ; to which John Levet made answer, No sport.

Q. Who ask'd that question?

Bridger. I am not positive which did; then they went to knocking down.

Q. Who were the other two persons?

Bridger. I do not know.

Q. What became of your son?

Bridger. My son dodg'd round, but never left me.

Q. What did they do to Levet?

Bridger. I had business enough to guard the blows off, I had not time to observe.

Q. When did you hear the pistol go off?

Bridger. It was after I was down.

Q. Before you heard a pistol go off, did you see a pistol in the hands of any of the men?

Bridger. No, I did not, sir.

Q. When the three men came up to you to knock you down, did you see ever a pistol in either of their hands?

Bridger. No, I did not, sir.

Q. Did you when they went by you?

Bridger. No, sir, I did not.

Q. Was the pistol in the hand of any of the three that first attack'd you?

Bridger. No, it was not.

Q. Was not you stun'd, or out of your senses, upon receiving those blows?

Bridger. No, I was not; notwithstanding they follow'd on with their blows, standing over me. After John Levet made off, there was one of the two that was with him came to me, then there were four all round me.

Q. What became of Clark?

Bridger. He ran clear away.

Q. In whose hand was the first pistol that went off?

Bridger. It was in the hand of Thomas Mayhew . When my boy knock'd John Mayhew down, then Thomas Mayhew came up, and said, D - n you, quit the ground, or I'll shoot you.

Q. Who was it that was beating Levet?

Bridger. I am not certain who it was.

Q. How long was it after the first pistol went off, that the second went off?

Bridger. In about two minutes after.

Q. Who shot that off?

Bridger. I don't know that.

Q. How many persons were there in the whole?

Bridger. There were five. After they were gone my son came to me, to contrive how he should get me home; he propos'd to fetch a horse, I said, I could not ride; he got help and led me home.

Q. How near was the person to you who fir'd off the first pistol?

Bridger. He was within about five or six yards of me and my son too.

Q. Could you see the pistol go off after all this beating?

Bridger. I lay on one side when they were beating me.

Q. How could you, in this miserable condition, be able to look about you, so as to see and hear what pass'd between your son and other people?

Bridger. I was all the time in my senses, as I am now.

Coun. Then the first use of your senses would have been self preservation, to endeavour to shelter yourself?

Bridger. They beat my body more than they did my head.

Q. Did not you endeavour to croud your head under your body, or your face to the ground?

Bridger. No, I did not.

Q. Did the pistol go off very loud?

Bridger. Yes, a great bang.

Q. Was it loaded?

Bridger. I cannot say it was.

Q. Was search made the day after to see if any bullet could be found, or appearance of shot, &c.

Bridger. I never heard any such search was made.

Q. Was your son hurt?

Bridger. No, he was not; but he said somewhat brush'd his hair at that time.

Q. Was the second pistol fir'd at you?

Bridger. No, it was not; I believe it was at John Levet , he was then going off.

Q. How far do the prisoners live from this place?

Bridger. About a quarter of a mile, and this place is about a quarter of a mile from my house.

Q. What was done when they got you home?

Bridger. They set me down in a chair, and I beg'd they would warm my bed and put me in.

Q. Where does your son live?

Bridger. He lives with me.

Q. How far does John Levet live from your house?

Bridger. He lives about two miles from me.

Q. Does he know the prisoners at the bar?

Bridger. He does.

Q. Does your son know them?

Bridger. He does, sir.

Q. Was John Levet hurt much?

Bridger. He had a good many wounds on his head; he was put to bed to me that night, and the next day he was removed home.

Q. Did you tell any of your neighbours soon after, who it was that had done you this hurt?

Bridger. Yes, I did. I said it was the Mayhews roguery that had brought me into this condition.

Q. Did you say so that night?

Bridger. No, I was weak, and could not talk much till next morning; but I told them the next day, or the day after.

Q. Did you not strive to get them apprehended directly ?

Bridger. I sent word to Mr. Legg, the head keeper, by John Levet ; then the soldiers were sent for from London to take them up.

Q. Do you know one John Leming ?

Bridger. Yes, sir.

Q. Do you remember your telling him who the five men were that abused you?

Bridger. I told him no other names but the three prisoners.

Q. Do you know one William Smith , a miller?

Bridger. Yes, sir, I do.

Q. Did not you tell him, that this Smith, and one Figg, a malster, were two that you thought did attack you?

Bridger. No, I did not.

Q. Did not the three prisoners live with their father, and follow their own business from the 28th of October to the time they were taken up?

Bridger. As far as I know they did. But how could I tell, when I was not out of my bed?

Q. Why did you not order your son to go and complain to a Justice of peace?

Bridger. I order'd it a safer way, to have them secur'd, by sending to Mr. Legg.

Q. Had you many blows before you was knock'd down?

Bridger. I had.

Q. Was your scull fractur'd, do you imagin, before you was knock'd down?

Bridger. No, I believe that was after I was down ; I did not know my scull was broke till after they had left me; I felt the cold draw into my head, then I put my hand up and felt the sharp edge of my scull.

Q. Had you many blows given you after you were down?

Bridger. Yes, sir, several.

Q. Was your going onwards, the way home with Levet, accidental?

Bridger. It was not a set design'd thing.

Q. Did you see the second pistol that was fir'd

Bridger. No, sir.

Q. Then how do you know it was a pistol?

Bridger. I believe it was, for they had no guns.

Q. What sort of sticks were they that they had?

Bridger. They were about six or seven feet long.

Q. Did you tell the person that sat up with you the first night, that you had been shot at?

Bridger. I don't remember I did. I told it within a day or two after I got home. Richard Harding , and John Leming , came to see me, I told Richard Harding it was the Mayhews roguery that had brought me into this condition, and I believe John Leming heard me. Esquire Brown came to me as I lay in bed, sent by Mr. Legg, to give me my oath.

Q. Are there any other Mayhews than the three prisoners?

Bridger. No, sir.

William Bridger . I am son to the last witness.

Q. How old are you?

W. Bridger. I am between fifteen and sixteen years of age.

Q. Give us an account of what you know happen'd to you of late.

W. Bridger. On the 28th of October last, on a Sunday evening, there were William Clark and John Levet at my father's house; John Levet was going home, my father, I, and William Clark went about a quarter of a mile on with him towards his house, at which place five men overtook us ; the three prisoners were three of the five, they live within about a quarter of a mile of my father's house; I know them very well, I have known them these four or five years. William Mayh ew came up to John Levet , and said, D - n you, what sport? He answer'd, no sport. Then they went to knocking Levet down directly, two of the three went back to my father.

Q. Which two went back to your father?

W. Bridger. William Mayhew and John Mayhew , the other I cannot tell.

Q. How near was you to John Levet when they fell upon him?

W. Bridger. About ten or twelve yards.

Q. Could you see them plain?

W. Bridger. The moon shin'd. They beat him some time after he was down, then one of them went to the other three to my father.

Q. Did you hear any of them say any thing to your father?

W. Bridger. No, sir, I did not. I saw them lay on him with sticks.

Q. Did you see any of the prisoners strike him?

W. Bridger. I saw John Mayhew strike him with a great whitish high stick as tall as a man; they beat him to the ground, and all struck him.

Q. How near was you to them then?

W. Bridger. I was about six yards off. After this they all, but John Mayhew , went to John Levet , and John Mayhew staid beating my father. I went and took up my father's stick and knock'd John Mayhew down, then he cry'd out murder. Then Thomas Mayhew came back and shot at me, saying, D - n you, quit the ground, or I'll shoot you. I saw his face at the flash of the pistol.

Q. How near was he to you when he shot?

W. Bridger He was about six yards off me.

Q. Did you perceive any thing hurt you?

W. Bridger. There was something brush'd by my left ear, I imagin'd it might be a ball, it made a whizzing noise; after that they turn'd back from me, and all went a little way. John Levet was crawling away, they swore, D - n him, they would kill him, and then fir'd directly, but which of them it was I don't know. I was about 13 or 14 yards from him then.

Q. What distance of time might it be between the firing the two pistols?

W. Bridger. It might be about six minutes, it was but a very little time. Then they went away all together, I saw them go towards Mayhew's house; this place was about a quarter of a mile, or somewhat more, from their house, I did not see them go into the house.

Cross examined.

Q. Did you see your father knock any body down ?

W. Bridger. My father knock'd William down.

Q. What did you do when they knock'd your father down?

W. Bridger. Then I ran away, a little way ; and after they had beat him a little while they went away all but one; there lay my father's stick by him, I took it up and knock'd him down, which was John Mayhew .

Q. How long was your father's stick ?

W. Bridger. As long as the others.

Q. Did you see the Pistol ?

W. Bridger. I did, in Thomas Mayhew 's hand.

Q. Did you know him?

W. Bridger. I knew it was him by his tongue, and I knew him by seeing him by the flash of the pistol.

Q. Can you say you should have known him had you not seen him by the flash of the pistol?

W. Bridger. I cannot say I should so well.

Q. Did you see the pistol?

W. Bridger. I saw it by the flash.

Q. How was the night for light or dark?

W. Bridger. The moon shin'd sometimes bright, and sometimes cloudy.

Q. How was it at the time of the beating?

W. Bridger. It then shin'd very bright.

Q. Who do you think the pistol was level'd at ?

W. Bridger. I took it to be level'd at me.

Q. Was this talk'd on afterwards?

W. Bridger. Yes, sir, it was.

Q. Have not you declar'd, you knew none of the persons that committed this outrage on your father?

W. Bridger. I never made such a declaration to any body.

Q. Do you know one Nicholas Chase ?

W. Bridger. Yes, I do.

Q. Did not you declare so to him?

W. Bridger. No, I never did.

Q. How did your father lie as he was upon the ground?

W. Bridger. He lay with his face downwards.

Q. Could you tell the three brothers by their voices?

W. Bridger. I knew Thomas by his voice.

Q. Are you sure you saw all the three prisoners there ?

W. Bridger. I saw all three of them there very plain.

John Levet . On the 28th of October I went to Thomas Bridger 's, and staid there till between six and seven o'clock. As we were going toward my home, Thomas Bridger was doing a chare for himself, we saw five men coming, we saw them about a hundred yards off, the moon shone a shadow. Up they came, I fix'd my eye upon John Mayhew , he said, what sport ? I made answer, no sport.

Q. Did you see the other two prisoners there?

Levet. I cannot say I did: Before I could hardly turn my eye round I was struck, and lost my stick, so I was forced to fall back, which I did about twenty yards before I was knock'd down; then they kept licking me as long as they thought proper, but who they were I don't know.

Q. Who beat Thomas Bridger ?

Levet. They were beating me, so I could not tell who was upon him.

Q. Did you hear any pistol go off?

Levet. I heard two go off: And when I was going off, I heard a voice say, D - n him, kill him. Then the two pistols went off, I was about twenty yards off, and fell down on the heath, I saw them pass by me. I know John Mayhew was one of the five, they went to Mayhew's gate.

Q. Did you know the three prisoners before that time?

Levet. Yes, sir, I did. I had four wounds on my head, and the middle finger upon my right hand broke. My shoulder, one hand, and one leg, were very much hurt. I lay five weeks before I got out again.

Cross examined.

Q. When you were first attack'd how many were there that attack'd you?

Levet. There were four more besides John Mayhew .

Q. How many were with you when the first pistol went off?

Levet. There were then two licking me.

Q. How long was it after the first attack when the first pistol went off?

Levet. It might be about a quarter of an hour.

Q. How long was it between the first and second pistol going off?

Levet. It might be about two minutes space.

Q. How long did it last in the whole?

Levet. About a quarter of an hour.

Q. Who fir'd the two pistols?

Levet. I don't know who fir'd either of them.

Q. Did you not declare to a person, that you could not take upon you to swear against any particular person whatsoever, since this affair has happened ?

Levet. I never did declare so.

Q. Do you know one Thomas Searle ?

Levet. Yes, sir, I do.

Q. Did not you declare so to him?

Levet. No, sir, I never did.

Q. Is there not a road through Mayhew's ground?

Levet. There is not.

Q. How far was you from Thomas Bridger when they attack'd you first?

Levet. They pass'd Thomas Bridger . I was not above two yards before him.

Q. Did you reel towards him or from him?

Levet. It was from him.

William Harssey . I was called up on the 29th of October in the morning to go to Bridger's house, I found him in bed with six wounds on his head in different parts, with a large contusion on his right shoulder and both arms, and a rib or two broken, he was greatly bruised from his shoulders down both arms, and down the greatest part of his body, particularly the right side of the body. I bound him up and put on a proper defensative plaister, he was so shiftless he could not assist himself at that time, being a heavy man: on the 31st of October I called in Mr. Leech to my assistance, the Sunday following we discovered two fractures on his head, extending in length some inches, we extracted some pieces of the skull, the wounds were very large, we looked upon his life to be in great danger, the last time I dressed him was on the fifth of February.

Mr. Leech. I happened to be then in town on business of my own, so I am not very positive, but I think it was the 31st of October, I was sent for to Mr. Bridger's, I found him with six large wounds very near as long as my finger on his head, three or four of them were open, two of them were sewed up, the surgeon endeavouring to get the poor man well as soon as possible; I was tearful the skull was fractured, and advised the gentleman to cut them open, we took out more than 20 pieces of the skull, we had a quantity of matter came very freely from under the skull for some weeks, a spoonful may be each time of dressing, it worked out thus; by keeping a hollow thing like a shell over the wound, to keep our medicines from pressing upon the brain, so it discharged without opening the skull more; we had great success, the skull was broken in different parts, from the very forehead to the back part of the head; one side of his skull now lies the thickness of a half crown above the other, it lies upon it; as to his body he had a very violent contusion on his shoulder, but particularly his right arm and his body near the hip, he was all in a continued spot of black on his shoulders arms and body, I did not examine the ribs; when they are broke there is seldom any thing more done to them than putting a bandage upon them: Mr. Harssey told me there was a rib or more broken; we attended afterwards together the whole time, wh was about two months.

Cross examined.

Q. Do you think a person beat in this manner, affected as he must be, could be capable of recling on one side, and observing what passed at a distance between other people?

Leech. Had the skull been broke first I don't apprehend he could ; I asked him, how he found himself during the action? he said he found himself down, and they were thumping him blow after blow, till at length he gave up.

Q. Is it possible for a person whose skull is fractured to have his understanding to give such a particular account as he has?

Leech. I have known persons that have had a fractured skull, and the symptoms have not appeared till near ten days afterwards.

Q. Was his back bruised much?

Leech. I believe great numbers of strokes were given on his back, his back was not stripes, but one continued black, and it was much more on one side than the other ; it is probable he did not lie on his face.

Q. Which side was bruised most?

Leech. The right side was worst.

Q. How was he as to his understanding?

Leech. The man always answered pretty reasonable, but we would not suffer people to talk much to him.

For the Prisoner.

Mary Mayhew . I am sister to the prisoners at the bar, on Sunday morning the 28th of October, my brothers, William and Thomas, went to Gratham church, after church they both came home to dinner, William staid at home all the afternoon, Thomas went out something after 3 o'clock in the afternoon to Gratham, to one John Leming , and from thence to church again in the afternoon, he came home about five o'clock or something after, William was at home when he came in, they continued at home from that time till bed time, and never was without the door after that night. I was at home all the night, we shut up our windows about five o'clock and never opened the door after that; there were my father and mother and us four that is all, we keep no servants, we supped about 7 o'clock by the kitchen fire, my father is a husbandman, and my brothers do the labour; out farm is about a hundred acres of land his own estate, John was not at home that night, I sat up till nine o'clock, but he came in some time in the night after I was in bed.

Q. Did any body dine with you besides your own family that day?

M. Mayhew. Thomas Mills did, he went away betwixt four and five o'clock.

Cross examined.

Q. How many children has your father?

M. Mayhew. Only us four.

Q. Was nobody besides your own family at your house that day?

M. Mayhew. Thomas Mills , and Thomas Kemp were, Kemp is a bricklayer, he came to know when we'd have our well done; the other my brother asked to come home from church to dine.

Q. Was you at home all the day?

M. Mayhew. I was at home till about half an hour after one o'clock, then I went to a neighbour's house and staid some time: I came home about four or something after.

Q. What had you for supper?

M. Mayhew. Some bread and cheese, nothing else, we sat round a little square table; after supper we sat down to the fire, we all continued there till about half an hour after eight.

Q. Where was you on the 27th?

M. Mayhew. I don't know, I was out during the whole day.

Q. Were your brothers at home that day?

M. Mayhew. They were about their business a plowing and sowing wheat.

Q. Did you see them ?

M. Mayhew. I saw them out at the chamber-window.

Q. Where was you on the 29th?

M. Mayhew. I was at home all day, and so were my brothers; they went out somewhere in the afternoon, but I can't tell where.

Q. Were your father and mother at home that day?

M. Mayhew. They were except my father was out in the fields.

Q. How old is your father?

M. Mayhew. He is threescore years and upwards.

Q. Is he seventy do you think?

M. Mayhew. I don't think he is.

Q. Is he sixty five?

M. Mayhew. I don't know.

Q. Do you know he is sixty two?

M. Mayhew. I am not sure he is.

Q. Does he not go about his business to market?

M. Mayhew. He has not been at market some years, we sell most of our corn to the mill, they come and deal for it, then my brothers carry it down.

Q. Has your father got the gout?

M. Mayhew. No, Sir, he has not, he is troubled with pain in his limbs very much sometimes; he has now a terrible cold, and has had it these two months.

Q. Does he ever ride on horseback?

M. Mayhew. He has not for some years.

Q. Where was you the 22d of February last?

M. Mayhew. I believe I was at Emshord at my uncle's that morning, I went to Winchester, Emshord is about a quarter of a mile from my father's.

Q. Where was you this day month?

M. Mayhew. I cannot tell.

Q. Where was you last Sunday was month?

M. Mayhew. I cannot call to mind where I was.

Q. Where was you last Sunday was fortnight ?

M. Mayhew. I was at home.

Q. Who was at home then?

M. Mayhew. None but my father, mother and I.

Q. When did you first hear this thing charged upon your brothers?

M. Mayhew. I don't remember I heard they were charged with it at all.

Q. Recollect yourself!

M. Mayhew. I don't recollect I ever did.

Q. When were they taken up ?

M. Mayhew. They were taken up the 20th of November, at home, with a party of soldiers.

Q. Had you not some conversation with them about it before?

M. Mayhew. No, I had not.

Q. Have your brothers any other way of business besides taking care of your father's farm?

M. Mayhew. No, they plough, and sow, and reap corn.

Q. What is the yearly value of that farm?

M. Mayhew. I am not a judge of it, it is worth more than 40 l. per year. It is all inclos'd, there is some meadow ground and some ploug'd.

Q. How many horses do you keep?

M. Mayhew. We keep seven.

Q. Do your brothers ever come to London, or carry any game to town, or elsewhere?

M. Mayhew. No, they do not.

Mary Mayhew . I am mother to the three prisoners, my husband is at home, he is uncapable of taking such a journey.

Q. How old is he?

M. Mayhew. He is about threescore and sixteen years old. He is lame and seeble, and has been ill of a great cold for these two months past, or more; had he been able he would have come.

Q. How far do you count you are now from home?

M. Mayhew. About forty miles we count.

Q. What family have you?

M. Mayhew. My husband, my self, and four children, that is all.

Q. Where were your sons the 28th of October?

M. Mayhew. They were all at home in the morning. William and Thomas went to church in the morning, and John went to his uncle's. William and Thomas returned to dinner, and with them one Thomas Mills . John did not come home till after we were all in bed. After dinner Thomas went to church, William staid at home all the afternoon. Thomas returned about five o'clock, and then went out to the stable to look after the horses, for about a quarter of an hour: He came in again, and neither of them went out that night. We went to supper about seven o'clock, and about half an hour after eight we went to bed.

Q. When did you hear first of Bridger being hunt ?

M. Mayhew. The next day.

Q. When were your sons taken up?

M. Mayhew. They were taken up the 20th of the next month, by soldiers, who came and broke open the door. I then did not know what they were taken up for, till they were had before a Justice and examined.

Q. What had you for supper on the 28th of October?

M. Mayhew. Leg of mutton and turnips, which was left at dinner.

Q. Had you any thing else?

M. Mayhew. Nothing else.

Q. Were your sons about their business publickly till they were taken up?

M. Mayhew. Yes, they were.

Cross examined.

Q. What makes this Sunday more remarkable with you than any other Sunday?

M. Mayhew. It was St. Simon and Jude, and we had a neighbour there that day.

Q. When was the first time you heard your sons were charged with this offence?

M. Mayhew. I heard they were before the week was out.

Q. Was it talk'd on publickly?

M. Mayhew. It was round about. Every body that came in and out talk'd of it in our family.

Q. To whom?

M. Mayhew. To me, my husband, and my daughter.

Q. When did your daughter hear of it first?

M. Mayhew. She heard it in about a week's time.

Q. Now, can you positively remember what you had for supper the 28th of October?

M. Mayhew. Yes, sir, it was a leg of mutton and turnips.

Q. What did you dine off on?

M. Mayhew. A long country table.

Q. Have you any fire arms in your house?

M. Mayhew. We have none but an old gun which is not worth a halfpeny, that belongs to the militia army; it has been in the house these forty years for what I know.

Q. Did you ever see any of your sons with a gun in their hands?

M. Mayhew. I never saw but one of them touch a gun, and then it was only the old gun.

Q. When did your husband, you, and your daughter, talk together, to recollect where your sons were that day this ill was done?

M. Mayhew. It might be a fortnight, or somewhat less. We then recollected where they had been.

Q. What was your view in this recollection?

M. Mayhew. With a view to clear them from this charge.

Q. Recollect the time as near as you can.

M. Mayhew. It might be about ten days after the 28th of October.

Coun. for the Prisoner. Do you make any set supper, was there but one sort of victuals?

M. Mayhew. There were bread and cheese, and leg of mutton.

Q. What did your daughter eat for her supper?

M. Mayhew. She eat bread and cheese.

Thomas Mills . I know the prisoners, and also their father; he is a substantial farmer, and lives in the parish of Selbourn, he has about a hundred acres of land of his own.

Q. What are you?

Mills. I am a farming man.

Q. What do you think this farm may be worth per year?

Mills. It may be worth about fifty pound a year, it is arable land. He keeps no servant, his sons do the work. On the 28th of October I was at his house, from twelve o'clock till half an hour after four. There were William and Thomas at church, at the parish I live in, I went home with them and din'd there, all the family, but John, din'd with me. Thomas went out at about half an hour after two, William was at home when I came away.

Cross examined.

Q. How long have you known the prisoners father?

Mills. I have known him about a year and half. My ground lies against his.

Q. How old is he?

Mills. I cannot tell that.

Q. How old do you think?

Mills. I think he must be threescore and upwards.

Q. How came you to recollect you din'd there that day?

Mills. Because a great many people had a suspicion of this, that, and the other.

Q. When did you hear first that these men had been beat and abused?

Mills. The day after, which was Monday.

Q. Did not you hear it was the Mayhews did it?

Mills. No, not till after they were taken up.

Thomas Kemp . I went to Mr. Mayhew's house that Sunday night, I had business with him about cleaning his well, I got there about five o'clock, or soon after. There were only the mother and daughter when I went in, I sat down, and staid till almost six; William and Thomas came in while I was there. I left them all there together, and went directly home; I live about a mile off. When I came home there was John Mayhew sitting by my fire with my family, he staid there till between nine and ten o'clock and never was out of my house, except to make water. He did not sup but drank some houshold beer with me, and said, he had been at his uncle Mayhew's; there were William Silvester , my father-in-law, and my children, at home at the same time. There were others talk'd on before the prisoners were taken up, one James Hasey for one, he came to me and I set the time down.

Cross examined.

Q. How old do you take the prisoners father to be?

Kemp. I take him to be threescore.

Q. Does he keep any servants?

Kemp. No, he and his sons plough and sow, and do the work amongst them.

Q. Is he a hearty man?

Kemp. Pretty hearty.

Q. When did you see him last?

Kemp. I have not seen him a pretty while.

Q. Do you ever see him on horseback?

Kemp. I have seen him on horseback, but not lately, not within this half year.

Q. What are you?

Kemp. I am a bricklayer and mason, I live at Selbourn, the same parish where they live, about a mile distance. I have known the young ones from their cradle, they come often to my house.

Q. Do you ever see them with guns on their shoulders?

Kemp. I cannot say I never did.

Q. Have you seen either of them with a gun since the 28th of October?

Kemp. I cannot call to mind that I have.

Q. Did you see them on the 29th of October?

Kemp. I did, at their own house. I went that day to clean their well, they were with me till between two and three o'clock, when I had done my work, John and William help'd me. After that we went up to a public house at Greatham, and spent twopence a piece. We went up about four or five o'clock, and staid there till near eight.

Q. What sign was that at?

Kemp. I never mind signs. I think it was the Leather bottle.

Q. Where did you go from thence?

Kemp. I went directly home, and they with me as far as their way lay.

Q. Where was you on the 27th of October?

Kemp. I cannot tell.

Q. Where was you on the 30th?

Kemp. I cannot tell.

Coun. for the Prisoner. Why do you remember these circumstances any more than what might pass any other day?

Kemp. It was talk'd on by every body. Many people were blam'd, and every body took notice of people that were blam'd.

Coun. for the Crown. Did you ever see the prisoners with guns?

Kemp. I don't know I ever saw the two youngest with a gun three times in my life. I have John, to shoot crows.

Q. What sort of a gun?

Kemp. A fouling piece.

Q. How often may you have seen him with a gun?

Kemp. I cannot tell.

John Leming . I live at Greatham, and keep a publick house. On the 28th of October, in the afternoon, Thomas Mayhew was at my house, he came from church there, and staid till about a quarter before five o'clock.

Q. How came you to remember this day more particular?

Leming. Because it was St. Simon and Jude.

Q. Did you see Thomas after this Sunday?

Leming. I saw him and his two brothers the next day.

Q. Did they use to go about their business after this as usual.

Leming. They did, to plough and cart. I saw them several times after.

Eliz. Vulgar. I know Robert Mayhew , he is the prisoners uncle, and my uncle; on the 28th of October I saw John Mayhew there, he came a little after eleven o'clock and din'd there with my uncle and me; he was invited to come to dinner that day, and went away about three.

Cross examined.

Q. How old is your uncle Robert?

E. Vulgar. He is near threescore. He is troubled with the rheumatism, I live with him, there is no body but him and I. The father to the prisoners is brother to Robert, they are brothers to my mother.

Q. What age is the prisoners father?

E. Vulgar. I don't know: He is oldest of the two brothers.

Q. When did you see him last ?

E. Vulgar. I saw him about a month ago, at my uncle's.

Q. How far is your uncle Robert's from his house ?

E. Vulgar. It is about two little miles off.

Q. Did he come on foot, or a horseback?

E. Vulgar. I believe he came on foot.

Q. Does he not come sometimes on horseback?

E. Vulgar. I have seen him sometimes on horseback, but not very often: He comes sometimes on foot, and sometimes on horseback.

Q. When was you at the father of the prisoners house?

E. Vulgar. I have not been there a great while.

Q. When did you see any of the other prisoners besides John?

E. Vulgar. I saw Thomas the Saturday night before the 28th of October.

Q. What business is your uncle Robert?

E. Vulgar. He lives on his means, a small estate.

Q. When did you see your uncle Robert last?

E. Vulgar. I saw him last monday about three miles from his home, where I took waggon to come to town.

William Silvester . I live with my son-in-law, Thomas Kemp . On the 28th of October John Mayhew was at our house; he came there about five o'clock. My son-in-law was gone to his father about a well; John staid till he return'd, which was betwixt 6 and 7; they sat down and drank small beer, and chatted till betwixt 8 and 9, and was not out of the house in that time, unless to make water.

Cross examined.

Q. How old are you?

Silvester. I am almost fourscore.

Q. Where do you live?

Silvester. I live by the forest side with my son-in-law, and have for about two Years.

Q. Do you remember who was with you the 30th of October?

Silvester. I don't know.

Q. Who was the 29th?

Silvester. I don't know.

Q. Who was the 31st?

Silvester. I don't know.

Q. Who was the 26th?

Silvester. I don't know.

Q. Tell the court any other day when John was at your house, besides the 28th of October?

Silvester. I cannot do that; my memory is very much decayed.

Q. Who did you talk with yesterday about this matter?

Silvester. I believe I did to some people that came in and out at the ale-house.

Q. Who told you last that John Mayhew was at Kemp's house on the 28th of October.

Silvester. I cannot tell that.

Q. Did any body tell you that?

Silvester. I don't know.

Q. How came you to come here?

Silvester. I was subpoena'd to come by Mr. Hobbs, a lawyer; he said I must come.

Q. When did he subpoena you?

Silvester. I don't know; but it was two or three days before I set out.

Q. What Day did you set out?

Silvester. It was on Monday morning, the prisoner's father furnished us with a cart till we came to Petersfield.

Q. Had you any talk with the old gentleman about this affair before you set out?

Silvester. I cannot tell; we might for what I know.

Q. Did he not ask you what you could say for his sons?

Silvester. No, he did not.

Q. Was he in good health?

Silvester. No, he was not very well.

Q. What was the matter with him?

Silvester. One of his horses hurt him.

Q. How old is he, do you think?

Silvester. He is almost as old as I am.

Nicholas Chase . I know William and Thomas Bridger ; I asked Thomas Bridger twice if he knew any of the persons that had done him this injury. He said he knew never a one of them, and that they were all strangers to him.

Cross examined.

Q. When was this?

Chase. One time was about a week before the prisoners were taken up, and the other time about a week after.

Q. Was any body by in the hearing of it?

Chase. No, Sir.

Q. How did this discourse arise?

Chase. Talking of it I asked him the question.

Q. Where was you then?

Chase. It was going along the street, and I stop'd him to ask him the question, as I met him.

Q. Where were you and he the second time you ask'd him?

Chase. That was in the street, I stop'd him and ask'd him, as before.

Q. Who put you upon asking this question?

Chase. No body, sir.

Thomas Searle . I live within about a mile and half of John Levet . About the beginning of the month of March, on a Sunday, I had some Discourse with him; I ask'd him how he came to swear against these Mayhews: he said he would not except he was made; he said also he was not sure it was them. This was with me, and about six more in company.

Cross examined.

Q. Who were the others in company?

Searle. There were six of us round a table drinking; Thomas Stone was one, and Thomas Leming , he and me.

Q. Tell us the very words he said?

Searle. He said he would not hurt them if he could help it.

Q. Was that the whole answer?

Searle. It was.

Coun. for the Prisoner. Tell us the whole of what he said?

Searle. He said he would not hurt them if he could; he could not swear to them, nor would he except he was forced.

Q. What did you understand by the word forced?

Searle. I did not understand any thing about it.

Coun. for the Crown. Tell now the whole answer he made you, and what you will abide by.

Searle. He said, he would not swear to them unless he was forced to it; they never hurt him, and he never would hurt them, unless he was forced to it.

Against Bridger.

John Monday . I live within half a mile of Thomas Bridger .

Q. What is his general character, is he to be credited upon oath?

Monday. I don't think he is. I have known him going on seventeen years.

Cross examined.

Q. How long have you known the three prisoners?

Monday. I have known them as long.

Q. What reason have you to say this man is not to be credited upon oath?

Monday. I have formerly dealt with him.

Q. Have you ever been at his house?

Monday. I don't know but I have din'd at his house, but not lately.

Q. Why don't you keep up a correspondence with him?

Monday. Because I want nothing of him.

James Hearsay . I am a house-carpenter: I live by Mr. Mayhew's house: I have known Thomas Bridger as long as I have known any body.

Q. What is his general character?

Hearsay. He bears the character that he would ruin all his neighbours if it was in his power All the days of his life he has been of a malicious dispositson.

Q. Do you think he is to be credited upon oath?

Hearsay. It is my opinion he does not know what an oath means, and I do not think he is to be credited upon oath.

For the Crown. To Bridger's character.

Thomas Levet . I have known Thomas Bridger these eight years, I am keeper of that park, he has been employed in it as an under keeper a little more than half a year, I never knew any harm of him in my life, I believe he would not wilfully forswear himself, and for all that I have heard of him he is an honest man.

Cross examined.

Q. Is he not reported to be a troublesome and a malicious man in the whole neighbourhood?

Levet. I know his neighbours don't love him.

Q. What is that owing to?

Levet. Because he has shot some dogs lately in the forest, that got among the deer and rabbets, they had used to like him well enough before that.

Council for the Crown.

Q. Is it, or is it not his duty so to do?

Levet. It is his duty to do it.

Q. Do you know he was reputed a dishonest man before a twelve month ago?

Levet. No, I don't know he was.

John Adams . I have known Thomas Bridger these twenty years.

Q. What is his general character?

Adams. I never heard any harm of him, but that of a very good character.

Cross examined.

Q. What are you?

Adams. I am a keeper, I live in the forest where he does.

Q. Then you know no ill of him?

Adams. I never heard any body speak ill of him.

Thomas Parr . I have known Bridger these 30 years, I look upon him to be an honest man, I never knew or heard any thing to the contrary, I con't believe he'd forswear himself.

Cross examined.

Q. Don't the people about there speak ill of him ?

Parr. Some people about the forest do, but not of his honesty.

Q. Is he not reckoned a man of a revengeful disposition?

Parr. He is not.

All three acquitted .

339. (L.) Thomas Smith , otherwise Clark , was indicted for returning from transportation, before the expiration of his time . ++ See No 286. in Sir William Calvert 's mayoralty.

John Smith . The former prosecutor said he believed the prisoner to be the person he had convicted in the April sessions, 1749 but he would not swear it, he was acquitted .

340. (L.) William Smith , otherwise Horton , was indicted for stealing thirteen pence half penny in money , the money of Samuel Child .

The prosecutor not appearing he was acquitted .

See No 232. in Sir Samuel Pennant 's mayoralty.

341. (L.) John Clark , otherwise Holl, otherwise Richardson , was indicted for privately stealing from the person of William Williams , one metal watch and chain, value 4 l. the property of the said Williams , and Thomas Masterson for receiving them, knowing them to be stolen , January 18 . ++

The bill was found the sessions before, but the prosecutor did not then, nor this sessions appear, they were acquitted .

The court ordered this recognizance to be estreated.

See No. 591. in John Blackford , Esqr's mayoralty.

342. (L) Henry Fistone , was indicted for stealing three coarse linen bags, value two shillings and six pence, two yards and a half of coarse linen cloth, value one shilling and four pence , the goods of Sir John Bosworth and Co .

April 17 . ++ Guilty .

[Transportation. See summary.]

343. (L.) Charles Mumford , was indicted for stealing one diaper table cloth , the property of John Blackwood , March 25 . + Acquitted .

344. (L) James Richardson , was indicted for stealing one pair of mens leather shoes, value two shillings and six pence , the property of Gray Munshel , March 25 . + Acquitted .

345. (L.) Priscilla Burch , spinster , was indicted for stealing three pounds weight of tobacco, value one shilling and six pence , the property of John and Cople Hambury , March 21 . + Acq .

346. (L.) Patrick Cane , was indicted for stealing one silk handkerchief , the property of Noah Tittner , April 16 . ++

Noah Tittner . Last Tuesday about noon going along Cornhill , I was told by a person that I had been followed by two men, and one of them had picked my pocket, and that he'd shew me the person that did it; when we came over against the Change he shewed me the man, I laid hold of the prisoner and his companion, and took them into a shop; while I was talking to the prisoner's companion, I turned my head and saw my handkerchief lie on the ground near the prisoner's foot. The handkerchief produced in court and deposed to. I never saw the person since, who saw them pick my pocket.

William Henry Shoot . I live in Cornhill, the prisoner and another person were brought into my shop about 12 o'clock, April 16. I saw the prisoner drop this handkerchief from under his coat, I marked the handkerchief and knowing it again, I took it up and gave it to the prosecutor.

Prisoner's Defence.

There was a little boy taken when I was, he could give no account of himself, the handkerchief was taken up between us.

Prosecutor. The prisoner and the other boy went arm in arm together when I was first shewed them.

Guilty .

[Transportation. See summary.]

347. (L.) Catherine Butler , was indicted for uttering as true, knowing the same to be forged, a counterfeit will purporting to be the will of William Forgerson , mariner , belonging to his majesty's ship the Guernsey, with intent to defraud . +

It appeared by the books belonging to the ship Guernsey, which was produced by Mr. William Hanway a clerk of the ticket office, there was due to William Forgerson , thirty nine pound fifteen shillings and eight pence half penny, and that he died the 11th of February, 1743. Peter Edwards who belongs to the prerogative office in Doctor's-commons, produced a will sign'd William Forgerson which was deposited there, proved the 25th of December, before the worshipful William Chapman , doctor at law and surrogate.

It is read in court. The common form making Mary Forgerson sole executrix, purporting to be wife to the deceased, dated 1742, April 10.

Sign'd,

John Smith , and Thomas Long .

Thomas Rogerman . I have known the prisoner these two years, on the twenty fifth of September last, I was in company with one Thomas Halfpenny . See No. 345. in Sir Samuel Pennant 's mayoralty. At the prisoner's house in Short's gardens, St. Giles's, the prisoner's husband, Richard Butler , who was executed lately at Tyburn, See No. 221. in last paper, Halfpenny wanted me to go with the prisoner to Doctor's-commons to prove this will; it was forged by him, that is all the writing, filling up, sign'd, and the witnesses names all wrote by him: he said he had got a friend of his to look over Guernsey's books, and found this Forgerson was dead, and his wages were not taken up. The prisoner carried it to the Commons and I went with her. Mr. Smart's clerk went along with us, she there took her oath, and a probate was granted, &c.

Prisoner's Defence.

My husband compel'd me to do it, and I did not know it was a forgery.

Acquitted .

348. (L.) Catherine Collings , widow , was indicted for publishing, as true, a certain false, forg'd, and counterfeit will, purporting to be the will of Thomas Williams , mariner, belonging to his majesty's ship the York. *

William Hanway. I am clerk to the ticket-office. He produced the book of his majesty's ship the York. It appears by this book that Thomas Williams enter'd on board the ship York, the 27th of September, 1745.

Q. What is that book?

Hanway. This book is examin'd by the masters books, signed by the captain and other officers, and is the only regular voucher for the payment of the seamens wages. He reads in it. Thomas Williams rated able seaman, died the 6th of Feb. 1747. Neat Wages due to him, 33 l. 5 s. 8 d. which was paid the 16th of May, 1750, to Elizabeth Williams . administratrix.

Peter Edwards . I belong to the prerogative-office, Doctor's Commons. He produces a Will. This appears to be the will of Thomas Williams , I had it from the registery at the Commons.

Q. Is that the usual place to deposit wills?

Edwards. It is those that are proved and sworn to.

Q. Does this appear to have been proved?

Edwards. It was, before Dr. Chapman, Nov. 7, 1750.

Q. How do you know that?

Edwards. Here is the act of court entered on the back of it, which is done after the probate is filled up. It was by the oath of Catherine Williams , widow, the relict, and sole executrix, being first sworn and duly administred.

The will read to this purport.

In the name of God, amen, I Thomas Williams , mariner, belonging to his majesty's ship the York, being of found and disposing mind and memory, do hereby make this my last will and testament, &c. as the common form, making his beloved wife Catherine Williams , of St. Patrick's parish in the City of Waterford, in the Kingdom of Ireland, sole executrix.

Thomas Williams his + mark.

Sign'd and seal'd the 20th of Feb. 1746, in the presence of

Thomas Cartey .

John Deverson .

Edward Herne . I was present on the sixth of November last at Richard Butler 's house, there were his wife then with us, I never saw the prisoner before the next day in all my life, Butler employed her; she was sent for then, and this will was produced to her: Butler told her she was to go to Doctor's-commons, and swear herself to be the real widow of Thomas Williams ; she agreed to it, and accordingly went, and Butler and I went with her. She carried the will to Mr. Smart's office, he is a proctor in Doctor's commons.

Q. What did you go for?

Herne. To see the woman sworn.

Q. Did you see her sworn?

Herne. Yes, Sir, she gave the name in to Mr. Smart's clerk of Catherine Williams , the real widow of Thomas Williams .

Q What was the Doctor's name she was sworn before?

Herne. I don't know the Doctor's name, the next day Butler went and paid the money for the administration, and the prisoner and I went to the ticket office; she took with her the probate of the will, she there demanded the ticket of Thomas Williams , le belonging to his majesty's ship the York, the ck made her answer that the ticket was drawn.

Q. What did you understand by that?

Herne. I understood by that, that the ticket was taken out by the real widow.

Q. What was her intention in going there ?

Herne. With an intention to receive the ticket, in order to get the money that was due to Thomas Williams .

Q. Did Butler tell her it was the real will of Thomas Williams , or that it was a forgery?

Herne. He told her it was the will of Thomas Williams , and that if she would go to Doctor's-commons and swear herself the real widow, he'd give her some consideration for her trouble.

Q. Did Butler tell her it was a false will?

Herne. He did, that it was made to him.

William Pincent . I am clerk to Mr. Smart the prector. The will is put into his hand, Butler, Herne, and a woman brought this will to our office on the 7th of November last, to obtain a probate of it.

Q. Was that woman the prisoner at the bar?

Pincent. I cannot say it was.

Q. Look on the back of it?

Pincent. This is a regular entry made on the back, when probates are granted.

Acquitted .

349. (L.) Margaret, wife of William Cooper , was indicted for stealing a waterman's coat and silver badge, value 7 l. 7 s. and one diaper napkin , the goods of Eliz. Waters .

The prosecutrix not appearing, she was acquitted .

350. (L.) Millicent Jones , widow , was indicted for perjury .

Acquitted .

See No 229 in the last paper.

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

Received Sentence of Death, 3.

Garrat Bunn, William Gibbs . and Edward Ward .

Transported for 7 years, 40.

Thomas Pyner , Mary Bowen, Margaret Edwards , Mary Jennings , Jer. Murphy, Mary Dort , William Brightman , Eliz. Nesbit, Richard Peacock , William Pritchard , Eliz Paxton, William Bishop, Walter Innes , Richard Dixon , Rachael Baily , Mary Dunslow , William Grigg , John Gaywood , Emanuel Soloman , John Coates , James Marshal , Michael Barling, John Russel , otherwise Kinsey, Thomas Cowdell , Thomas Barker , Ann Ramsey , James Saunders , Mary Adams , Edward Phillips , Mary Barker , Thomas Crisp , John Platchet , William Stanninot, George Wright, Samuel Freeman , Richard Tindey , Ann Millet , James Spive , Henry Fistone , Patrick Cane .

Branded, 2.

Elisha Thomas Pease , and David Mills .

Whipped, 3.

James Snalock , Elizabeth Bevan , and Charles Fletcher .

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

BRACHYGRAPHY: OR, SHORT-WRITING,

Made easy to the meanest Capacity.

The PERSONS, MOODS, and TENSES,

Being comprized in such a manner, that little more than the knowledge of the Alphabet is required, to the writing hundreds of Sentences, in less Time than spoken.

The Whole is founded on so just a Plan, that it is wrote with greater Expedition than any yet invented, and likewise may be read with the greatest Ease.

Improved after upwards of Thirty Years PRACTICE and EXPERIENCE.

By T. GURNEY.

Sold for the AUTHOR, by Mr. J. Clark, under the Royal Exchange; Mr. J. Hodges, on London-Bridge; Mr. J. Oswald, in the Poultry; Mr. G. Keith, Mercers Chapel ; Mr. J. Buckland, and Mrs. M. Cooper, Pater-naster Row; Mr. R. Hart, in Castle-Alley, near the Bank; Mr. Owen, near Temple-Bar, and J. Robinson, Dockhead, Booksellers; and by himself at his house near the Mitre, Christ-Church, Surry.

N. B. The Book is a sufficient Instructor of itself.

Just Publish'd, Price Sixpence.

( By M. Cooper in Pater-noster-Row, R. Hart, the Corner of the Royal-Exchange, and M. Waltho, on the Green at Richmond)

By permission of the High Sheriff.

THE

PROCEEDINGS

At the ASSIZE for the

COUNTY of SURRY,

HELD AT

KINGSTON upon THAMES,

In and for the said County,

On Friday the 29th, Saturday the 30th of March, Monday the 1st, and Tuesday the 2d of April.

(Taken in Short-Hand at the time)

Wherein are contained many remarkable Trials.