Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 July 2014), July 1751 (17510703).

Old Bailey Proceedings, 3rd July 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 3d, Thursday the 4th, Friday the 5th, and Saturday the 6th of July.

In the 25th Year of His MAJESTY's Reign.

BEING THE Sixth SESSIONS in the MAYORALTY of the

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

NUMBER VI.

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 Lord Chief Baron PARKER, * Sir MICHAEL FOSTER , Knt.|| Sir THOMAS BIRCH , Knt.+ RICHARD ADAMS , Esq; Recorder, ++ and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

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

London Jury.

Thomas Streeke ,

Gilbert Ford ,

Joseph Whitehead ,

Job Hobbins ,

Matthew Sharpe ,

William Empey ,

John Fowcett ,

William Rogers ,

Samuel Turner ,

Abraham Whitehead ,

James Moulton ,

James Hewlott ,

Middlesex Jury.

Walter Lee ,

Thomas Huddle ,

John Manvell ,

John Ayres ,

William Boozsher ,

William Wilton ,

Robert Harrop ,

William Payne ,

Thomas Whitehead ,

Thomas Gaff ,

William Smith ,

John Smith ,

407. (L.) Isaac Odeway , was indicted for stealing 114 pound weight of sugar , the property of John Thomson , June 18 . ++

James Swaile . I am a watchman in the Tower ward: On the 18th of June, about 11 o'clock at night, I was at the bottom of St. Dunstan's-hill, the prisoner came towards me, and made a stop about ten yards from me. I went to him and ask'd him what he had got, he said, seeds. I set down my lanthorn, and took him by the collar; he jump'd away from me and ran up the hill. I pursued him, he fell down at the bottom of St. Mary's-hill, and was taken. The sugar was produced in court, and weighed 114 pound, the sack was mark'd COURT. I had light enough by my candle to know him again.

Samuel Carpenter and James Roberson , two watchmen, depos'd to the taking the prisoner.

James Taylor . I am employed by Alderman Bethel at the water-side; there was a hogshead of Mr. Thomason's plunder'd about that time, it had lost 125 pounds; it stood in a ware-house at Wiggens's key, which is cross the street from Wiggens's key.

Q. Was you at the weighing the sugar?

Taylor. No, my Lord, I was not: the persons that weighed it are not here.

Acquitted .

408. (M.) Susannah, wife of John Powell , was indicted for stealing ten yards of padesway ribbon, value 5 s. the property of Lucy Margret , widow, in the shop of the said Lucy , June 6 . ||

Guilty 10 d.

[Whipping. See summary.]

409. (M.) Jane Williams , spinster, was indicted for that she, together with Daniel Williams , did steal one silver pint mug, value 40 l. one two quart silver tankard, with a 3 l. 12 s. piece on the top of it, value 10 l. the goods of Jonathan Smith , June 22 . ||

Jonathan Smith . On the 19th of June last, in the evening, I lost a silver pint mug; and on the 22d, pretty late in the evening, I lost a two quart silver tankard, with a 3 l. 12 s. piece of gold on the top of it. On the 23 d I sent notice to Goldsmith's-hall, and likewise advertised it the 25th, by which means I came to find it out. The prisoner, and the 3 l. 12 s. piece were stop'd at one Mr. Holland's, near Bishops-gate, who sent for me. I accused the prisoner of the fact, and she immediately confess'd, that she and her brother had stolen the things. I desired her to go and show me where the tankard and mug were. She took me to a house in Dunning's alley, and shew'd me the tankard knock'd and cut to pieces; the piece of gold was cut out with a knife, and damaged in cutting out; then she went with me to Mr. Burry's, a pawn-broker, where she had pawn'd the mug for two guineas. The goods were produced in court and deposed to.

Edward Burry . The prisoner brought the silver pint mug to me on the 20th of June, about eleven o'clock in the forenoon, saying, her mistress had lived in Barbacan, at the sign, of the Cattle, (there was a Castle engraved on the mug) and that she wanted money, &c. I told her, I chose to carry the money to her mistress. She said, her mistress lived in great credit, and the people would know me, which would not be so well. I would not lend her any money upon it. After that she came again with a woman, who, she said, was an intimate acquaintance of her mistress, which woman I had known about a year and a half, who testified it was her mistress's, so I lent her two guineas upon it.

Gyles Smyth went with the prosecutor to find the things, and confirm'd his testimony.

The prisoner in her defence said, It was not she, but her brother that took the things.

Guilty .

[Transportation. See summary.]

410. (M.) William Smith , was indicted for stealing one brass cock, value 4 s. the property of Frances Rose , widow, June 5 . ||

Frances Rose . On the 5th of June the prisoner asked me leave to go down into my yard, and I gave him leave, but instead of that he run into the kitchen where my linen was lying, I order'd him out, and he went down the yard. After this my maid went for a pail of water into the yard, and came back and said, the cock was gone, and the water running about. The prisoner was then in the house, he was searched and my cock was found in his breeches. It was produced in court and depos'd to.

Thomas Smith . I took the cock out of the prisoner's breeches.

Guilty 10 d.

[Transportation. See summary.]

411. (M.) William Phillips , was indicted for stealing one wooden firkin, value 1 s. 6 d. the property of Everet George Cousmaker , June 29 . ||

Acquitted .

412. (M.) Sarah Newby , widow, was indicted for stealing four yards of linen cloth, value 10 d. the goods of Peter Snee , and Comp.

May 25 . +

Peter Snee . My partner's name is Nesbit, a linen-draper, I live in St. Martin's in the Fields : I had been in the city on the 25th of May, and on my return my apprentice told me, there had been a shoplifter, upon which I went to see her before the Justice: there I heard her say, she did steal the piece of linen, and that she was drunk when she did it.

John Bell . The prisoner came to my master's shop under the pretence of buying some linen, I shew'd her some, but we could not agree. As she was going out of the shop I saw the remnant of cloth hang behind her cloak, then I came from behind the counter and took hold of her. The piece was produced in court.

Prisoner's Defence.

I am a very poor woman, have three children, and was in liquor: I never did such a thing before.

Guilty .

[Whipping. See summary.]

413, 414, 415. (M.) John Young , Jane Price , and Mary Hughs , were indicted, the first for breaking and entering the dwelling-house of Joseph Mey , and stealing out from thence one mahogany tea chest, value 2 s. three silver spoons, value 3 s. one pair of silver tea-tongs, value 4 s. one child's coat, the goods of Joseph Mey ; two pair of cloth breeches, the goods of James Halfhide , June 30 , the second for receiving the child's coat , and the third for receiving three silver spoons and the tea-tongs, both knowing them to be stolen , June 30 . +

Joseph Mey . On the 29th of June I sat up till between the hours of twelve and one o'clock, with my wife, apprentice, and journyman: the house was made fast when we went to bed, and between the hours of two and three the watchman call'd me up, and said our house was rob'd. I got up, and at that time miss'd nothing. When the children got up and went to be dress'd we miss'd the child's coat and stay; then we went to searching and miss'd the tea-chest, and other things. I went and described the things lost to several pawnbrokers round about, and when I came home the spoons were stop'd at one of them, who sent for me. I went to the pawn-broker's where Mary Hughs was stop'd with them, and also another woman who made her escape afterwards. I took the women to a publick house, they beg'd I would not make any disturbance and they would have me to the person that broke open my house, &c. I took her that is got away to snew me the boy, and left the prisoner in custody. She went with me to Cable-street, to a house of very ill same where Young was (one Stitchbourne keeps the house). The woman gave me the signal, the boy got up and crept under my arm to get away, but I took hold on him, and took him over to the sign of the Blew Anchor, where the prisoner, Hughs, was to be brought: there my journyman demanded of him, what he had done with the goods. Young said, he would let us know where every thing was, and that the tea-chest was then at his washerwoman's, and the woman that is got away, who lodged at that house, had bought it of him for half a pint of All-sorts. The woman who bought it went with me there, and took it out of a cupboard under the stairs, it had one of my child's petticoats lap'd round it. I brought the washerwoman's husband with me to the Blue Anchor, he is a watchman, then I had four of them. While I was in the house Jane Price came in and whisper'd to the prisoner, Young, they had some money in their hands. I ask'd him, what was that woman's business? he said, this is the woman that has bought the child's coat, and the things belonging to it. Then I had five of them. I went to Justice Manwaring and told him the affair, he order'd me to bring them to him. I took them there, all but the person who made her escape, and the boy confess'd the fact, saying, he broke the house open between two and three o'clock, and went in and took the things mentioned. The goods were produced in court, except one canister which was lost. The spoons and tongs were mark'd J. M. M.

James Halfhide the apprentice confirmed the above, with this addition : That at the time Young was taken he had a pair of his breeches on.

Stephen Pett , the beadle, confirmed the confession of Young, and that he went in at the cellar window, it being open, and took out the things mentioned : and that the other prisoners were waiting all right to see what he could get.

Q. to the prosecutor. Was your cellar window fast when you went to bed?

Prosecutor. It was made fast.

Halfhide. I fastened that myself.

Young guilty of the burglary.

Price and Hughs acquitted .

[Death. See summary.]

416. (M.) Lawrence Cox , was indicted for stealing one silver spoon, value 5 s. the property of Francis Wilson , June 22 . ||

Thomas Jones . I am servant to Mr. Francis Wilson , at Charing-Cross : the prisoner is a porter , I had sent him for two brooms the 22d of June, he had been in the house. After he had been gone about two hours he was stop'd offering the silver spoon to sale.

Elizabeth Chandler . The prisoner was in our kitchen the 22d of last month, the spoons were all there the Friday night, and one of them was missing on Saturday about ten o'clock.

The spoon was produced in court broke in two pieces, and deposed to by the two witnesses.

William Lynch . I cry old cloaths about the streets: coming up the Strand the 22d of last month the prisoner call'd me into a court, and said, let us see if you and I can bargain, and shew'd me the spoon, saying, he found it the morning before in St. Jame's-street. Seeing it in this condition, bent and broke, I thought he could not come honestly by it, so took him to the constable. He was taken before the Justice, and Mr. Wilson came and proved it his property.

Prisoner's Defence.

I ask a thousand pardons. I never did such a thing in my life before.

Guilty .

[Branding. See summary.]

417. (M.) Richard Steel , was indicted for stealing two ducks, value 2 s. one drake, value 1 s. the goods of Francis Bury , June 27 . *

Mrs. Bury. I live at Kentish-town , I am wife to the prosecutor: about six o'clock in the morning, the 27th of June, the headborough, and about six more people, knock'd at my door, and desired to know if we had lost any ducks. I said, we had, two ducks and a drake, and that I should know them. They shew'd them to me dead, and I knew them to be mine. The prisoner was there, he said, he had been at Highgate, at the White Lyon, and lay there all night. He at first owned to me, before the Justice, he knock'd them down at one blow; then he said, he did it at three blows.

Henry James . I saw the prisoner come down the town on Thursday morning, at almost four o'clock, he came over against our house, and made a stop, and look'd about him, then he went over a gate into the Bull and Gate yard. I knowing he had no business there, after about ten minutes he came out, so I followed and overtook him near the Castle. He had got a wallet on his shoulder, I ask'd him what he had got in it, he said, victuals. Then Mr. Morgan call'd out of a window, and ask'd, what was the matter. He said, I had stop'd him. I said, I thought he had things about him that did not belong to him: then I took him back to the Bull and Gate, saying, if you are clear I will call for a pot of beer. When we came there he said, don't make a noise, I have got three ducks in my wallet, and I am a poor man. Then I took him to the constable, and heard Mrs. Bury describe them before we took them out of the wallet.

Prisoner's Defence.

I was coming from Highgate, and saw the ducks in the road, so I took up a stick and threw at them, and knock'd them down.

Q. to Mrs. Bury. Where do you keep your ducks?

Mrs. Bury. We have a field they are in on days, and they come home on nights and are in the stable.

Q. Were they in the stable this night?

Mrs. Bury. I cannot say they were.

Guilty 10 d.

[Branding. See summary.]

418. (M.) Robert Glascow , was indicted for that he, in a certain foot way, or open plain, near the king's highway, on Joseph Weeden did make an assault, putting him in corporal fear and danger of his life, one gold ring, value 10 s. one pair of silver shoe buckles, value 5 s. one siber tobacco stopper, value 5 s. one penknife, value 3 d. one guinea, and 8 d. in money number'd, from his person did steal, take, and carry away , May 22 . *

Joseph Weeden. On the 22d of May last, as my wife and I were going to Old Ford , between Bednal Green and there we passed by two men lying on a bank; we went about 2 or 300 yards on; we heard somebody coming after us, my wife was very much affrighted; as they approached within half the breadth of the court, I turned about; they swore with dreadful imprecations they would rip us up if we made any resistance; the prisoner stopped right before my wife, and the other against me. The other person had trowses on, he shoved his hand into his pocket, and pulled out a butcher's knife; my wife said, for God's sake Mr. Weeden deliver what you have; I gave him a guinea, about eight pennyworth of halfpence, a silver tobacco stopper with a cork screw in it, and a brass handled penknife; then he saw I had on a large pair of silver buckles, he stooped down and took them out, and likewise took an enamelled gold ring from my finger; the prisoner said to my wife, d - n you, your ring, madam ; he tore it off her finger, and the blood followed it, and likewise pulled up her coats to examine if she had silver buckles in her shoes, and examined her if she had any money: after this they bid us keep strait forward, and if we made the least noise in the world they would be after us in a minute. On the Friday following I advertised them, describing the prisoner, he having a remarkable nose, and the things also; and on the same day I was seat for to the sign of the India Warehouse in Fenchurch-street, and by William John 's directions my journeyman and I went beyond Whitechapel church, where the prisoner lodged at a twopenny lodging-house; Mr. Johns and my man went into the house, we went away, and by and by the prisoner came out into the street; Mr. Johns said, there he is, we passed over the way to him; Mr. Johns knowing him, spoke to him, saying, When did you see such a one; we kept walking on almost to the sign of the Crown tavern all four of us, and another person that is not here; I asked him, as we went along, if he had never seen me before; he said no; I asked him if he did not see me on Wednesday in the afternoon betwixt Bednal Green and Old Ford; he said no; Mr. Johns stopping with another person he met with in the street, on a sudden the prisoner turned through the posts and ran back again as hard as he could; John Street and the person that is not here ran after him, calling out, stop thief, and about 2 or 300 yards off he was laid hold on by a person whom we found after was a headborough, who, as soon as I came up, told me he was a peace officer; then I gave him charge of him; he was taken to the sign of the Tewkesbury Church; I dispatched my apprentice away for my wife, though I then knew him, but I thought my wife might know him better than I, because he rifled her; when she came he was turned into a room with about 20 or 30 persons, she knew him upon first fight, and said to him, you are the man that robb'd me of my ring ; we took him before Sir Samuel Gore ; my wife and I both swore to him; there he was asked how he got his bread, he could give no account then; he was asked why he ran away; he said he owed a man a sum of money, and he apprehended we were bailiffs; he could give no account where he was that afternoon; he sent for persons to his character, but nobody appeared.

Mrs. Weeden. On Wednesday, the second of May last, my husband and I went from East Cheap, where we live, to Old Ford, and when we got beyond Bednal Green, we saw the prisoner at the bar lying on the grass. She confirmed the testimony of her husband, and was positive the prisoner was the person that rifled her.

William Johns . I keep the India Warehouse in Fenchurch street, an alehouse; a young man was with me reading the paper, and reading Mr. Weeden's, advertisement, said to me, he saw it before it was printed; I read it, and by the description of the man, said, I believe I know him; so he went for the prosecutor as before mentioned, and apprehended him; the prisoner had been : my house before. He confirmed that of the prosecutor and his wife being positive as to the prisoner being one of the persons that robbed them. John Street confirmed that of the taking him, and his mistress finding out the prisoner upon first fight.

Prisoner's Defence.

On the 22d of May in the morning I went down to the Keys as usual to work at delivering ships, there being no work, I came home again between 10 and 11 o'clock; my wife is a silk-winder, she was gone home with her work; I went to Black-wall, and came back again between one and two; then I went over to a neighbour's house, where was my wife, I said, Sally, are you coming home? there I sat and drank tea till about six o'clock, then I went home to my own apartment; then two young women came over and staid till between eight and nine, I went to bed about nine o'clock; the day that I was taken they came and asked for me, my wife came and said to me, they want one Jonathan Elwood ; I said, they may find him at the India warehouse; I was in bed, but got up and ran down; when Mr. Johns saw me he said, have you seen any thing of Jonathan Elwood ? I owed a man in East-Smithfield a sum of money, and I had spent about an hundred pounds, that man threatened to arrest me: when I went with this man into Whitechapel he said, young man, don't you know me; I said, no; said he, I think I have some reason to know you; said I, what is the reason? said he, you robbed me last Wednesday night: going along, Mr. Johns stopped, I thought I was going to be arrested, I saw a person, and said to him, do you know them people ? saying, I fear they are going to arrest me, so I ran away: as soon as they called out, stop thief, I stopped: when we went before the justice my prosecutor would not swear to me; his wife swore she was robbed in the second field from Bednal Green; he said she was mistaken, saying, it was half way down the lane: please to ask him that.

Prosecutor. She did not know the ground so well as I.

Q. Did you, or did you not swear before the justice?

Prosecutor. I did kiss the book, my lord, but I sent for my wife, because I thought she could give a more particular account than I, and that I told Sir Samuel Gore .

For the prisoner.

Mary Philips . I have known the prisoner nine months, he was at our house in the morning the 22d of May about 11 o'clock.

Q. By what do you know it was the 22d of May?

M. Philips. I always turn my glass as the clock strikes, for I work by the hour.

Q. The question is, how do you know the prisoner was at your house the 22d of May? by what circumstance?

M. Philips. It was the Wednesday before the holydays, and his wife came over to me to borrow a basket to go home with her work, she brought it home a little after one, a little after two he came and asked his wife if she was going home, she said, we are going to drink tea; he asked if he might stay and drink tea too, I said, and welcome, he said, by that time we had done tea, it might be a little after five o'clock.

Q. Who were with you at that time?

M. Philips. There were my daughter and I, and they two.

Q. Was there nobody else?

M. Philips. No, there was nobody else.

Q. Was you all this time drinking of tea?

M. Philips. I was in hasle to go to work, and said to my daughter, we stay a pretty while over our tea, our sitting so long made me grudge the time, but we were not all this time drinking tea, we were some time making a fire.

Q. How long did the prisoner stay at your house?

M. Philips. He was there till past six o'clock.

Anne Philips . The prisoner was at our house on the 22d of May.

Q. How do you know it was the 22d of May?

Anne Philips . My mother told me so.

Q. How came she to tell you so?

Anne Philips . I was asking her the day of the month then.

Q. What was the occasion of your asking her?

Anne Philips . I don't know the occasion of asking her.

Q. What day of the week was it?

Anne Philips . I don't know that.

Q. Who drank tea with you this 22d of May you talk of?

Anne Philips . My mother and sister, and that young man and his wife.

Q. How long did the Prisoner and his wife stay?

Anne Philips . They staid till half an hour after six o'clock.

Q. Was your sister there before you drank tea or after?

Anne Philips . She came in before we began.

Q. How long have you been acquainted with the prisoner?

Anne Philips . About nine months.

Guilty

Death .

419 (L.) John Howard , was indicted for stealing 19 yards of serge, value 57 s: 31 yards of serge, value 5 l. 8 s. 6 d. 13 yards three quarters of black woollen cloth, value 5 l. 10 s. 15 yards of superfine black woollen cloth, 60 yards of blue serge, 50 yards of black shalloon, 1 l. 11 s. and other things, the goods of Samuel Fludyer , Esq; and Co. it was laid over again to be the goods of David Day , in the warehouse of the said David , June 2 . +

John Cleveland . I am servant to Samuel Fludyer , Esq; Thomas Fletcher and John Brooks . I was at the packing up of these goods, they were directed to Timothy Money of Falmouth, I entered them down in our porter's book, his name is Peter Faulkner , they were to go on board the William and Mary, master, Joshua Palmer .

Peter Faulkner . I was porter to Mr. Fludyer and Co. I received these goods from the last witness, and delivered them into the warehouse of David Day at Summers Key .

Q. Have you seen any of the goods since?

Faulkner. Some of them are here now, I know the very wrapper. They were produced and depos'd to by the two witnesses.

Q. to Cleaveland. What is the value of the whole?

Cleaveland. The value of the whole is thirty-two pound and threepence.

Q. What is the value of the goods now produced.

Cleaveland. They are worth eleven pound nineteen shillings.

David Day . I have a ware-house at Summers's key, and these goods mentioned were put into it, I think on Saturday the first of June : they were the goods of Samuel Fludyer , Esq; and Co. to go by the William and Mary, Joshua Palmer . The prisoner work'd with me but on the Saturday before, and on the Saturday night I believe the goods were taken out of the ware-house. My clark told me they were gone on Monday morning, and said, the constable, Robert Lucas , had got two pieces of the things that were in the bale, and a great coat. We sent for the constable, he came, and when I saw the great coat, I knew it well. Said I, that is Jack Howard 's, which he had on the Saturday night at six o'clock when he was paid. I sent for a neighbour, and ask'd if he knew the coat, (it was produced in court) he said, it was Jack Howard 's coat, and that he saw him with it on Saturday last. Then I sent two constables to go and look after him, Lucas and Marshal, they went and could not find him. There was one Samuel Mills that work'd with me, I ask'd him if he knew where Howard was, and he proposed to go and find him for me. We found him in Rosemary-lane, I laid hold on him, and we took him to Sir Samuel Gore 's, before whom he confess'd the taking the goods, and bringing them to a woman, but would not say who: swearing, he would not bring any body else in, but would suffer himself. I ask'd him what he had done with his coat; he said, he had sold it to a sailor for sixpence; but now he was well rigg'd.

John Price . I am a watchman : I saw the prisoner between one and two o'clock on the Sunday morning, he had them two pieces wrap'd up in his great coat: I left my lanthorn hanging on a hook and came to him, seeing him creep close by the wall: he said, what be that? I clap'd my hand under his coat and found them to be base goods: I said, I desire you will go before the constable of the night. Said he, I don't choose it. He seized my staff and was too strong for me, so he got away, and left his great coat which he had on his back, and two pieces of cloth in his pockets, his dog staid with the things. I am positive the prisoner is the man.

Robert Lucas . I am constable: I found the two pieces of serge in the street while the last witness was pursuing the prisoner, they were in the great coat, and the prisoner's dog stood by them. I heard the prisoner say before the Justice, he took the goods mentioned out of the ware-house of Mr. Day, and had given two pieces to a woman; but said, he would not say any more, and would rather suffer himself than bring any others in.

Prisoner's Defence.

I was at home that night abed.

Guilty of stealing, but not privately in the ware-house .

[Transportation. See summary.]

420. (L.) Mary Buckley , widow, was indicted for stealing nine yards of muslin, value 30 s. the property of Samuel Melleson , June 20 . ||

Samuel Melleson . On the 20th of June the prisoner came into my shop to look at some muslin, my servant shew'd her some, and ask'd her 4 s. 6 d. per yard, but she wanted to see some more. I was in the middle of the shop and had a suspicion of her, and watched her very narrowly. She call'd for a stool, saying, she was lame. In looking over the muslin she shuffled up her petticoats and conveyed a piece under them. She seem'd presently after to be in a great deal of confusion, then put her hand to her pocket and shuffled the piece down again, so got off the stool and took it up and laid it on the counter again. She said, she wanted enough for four neckcloths. My servant cut off six yards, and said, it came to 24 s. She laid down a shilling, and said, she would call by and by, and went away. I fetch'd her back and search'd her, but found nothing upon her. She had 24 s. in her pocket, which she said she would give me rather than go before my Lord-mayor.

George Scott the apprentice confirmed the testimony of his master.

John King , Hannah Lawrey , Ralph Hawkins , and Elizabeth Sharp , gave her a good character.

She was acquitted .

421. (M.) Richard Gardner , otherwise Brown , was indicted for stealing one guinea, and fifteen shillings , the property of Daniel Hancock , June 19 .||

Mary Hancock . The prisoner came into our shop the 19th of June and desired change for a 36 s. piece, saying, he had been all over the neighbourhood and could not get it chang'd. I ask'd him if a guinea and a half and the rest in silver would do. He said, not so well. At first he said, if I would lend him eight shillings he would leave the 36 s. piece with me, and pointed to a coach that stood empty, saying, he wanted it to pay the coachman. I laid down a guinea and told out fifteen shillings upon the counter, he took it up: then he said, be so good as to let your little boy go with me for the 36 s. piece; saying, here boy, take the change, and gave it him. I said to the boy, go with the gentleman. My husband was at the next door but one, and I sent to him as soon as they were gone.

Henry Crowder . I am twelve years of age.

Q. Do you know the nature of an oath?

Crowder. Yes, I do.

Q. What would be the consequence of taking a false oath?

Crowder. That is damnation.

He is sworn.

Crowder. I live with Mr. Hancock. This day fortnight the prisoner came to our window and look'd in, and ask'd my mistress, if she would be so good as to change him a 36 s. piece. My mistress said, will a guinea and a half do and the rest in silver? He said, it would not so well, because he wanted to pay his coach hire. She counted the money down. He said, be to good as to let the boy go along with me, and I will give him the 36 s. piece. My mistress said, go along with the gentleman; so he put the money in my hand and I went with him. At the turning of the corner he ask'd me for the money, but I did not give it him readily. He said, D - n you, you dog, give me the money. He took it as quick as he could out of my hand, and bid me stay there and not stir away.

Q. Was you willing he should have the money?

Crowder. I refused it him, till he took it. Presently my master came to me, the prisoner ran as fast as he could up the street. My master ask'd me, whether that was the man. I could not forbear crying, but said it was, as well as I could. My master ran after him and took hold of him, I saw him.

Q. Did you lose fight of him from the time he took the money out of your hand, to the time your master took hold of him?

Crowder. No, I did not.

Q. from the prisoner. Did not Justice Fielding refuse that boy's taking an oath?

Daniel Hancock . Yes, he did. I am a baker . the former witness is my wife. I had been at Harrow-on-the-Hill, and from thence to Edgar, to buy wood, and came home about eight o'clock. About a quarter before nine we went to supper, then I went to the alehouse, next door but one, to get a pint of beer; I went in but drank none; my maid came in and said, Sir, you must come home this moment. I ran immediately, my wife was at the door, she said, I am afraid that man is a sharper, pointing to the prisoner, he then was within two hundred yards of me. She told me what she had done, and wished I would go and see he did not trick-the boy. I saw him all the way till I came there, and saw him stop the boy, but what he said to him I cannot tell. He laid fast hold on his hand, the boy turn'd back and cry'd, and the prisoner ran away as fast as he could towards Audley-street, he was got a good way beyond the coach. I came up to the boy and said, is that the fellow? I did not stay for an answer but run after him, and laid hold on him in Audley-street. He said, what do you want? d - n you. Thirty six shillings, said I. Here it is, said he, and gave it me. Said I, I will know who you are, and what you are. Said he, do you know what you have done? you have compounded a felony. I got assistance and took him into an alehouse. He said, you don't know who I am, if you did you would not play these tricks upon me. He offered me five hundred pound bail. There was a man came to me in a ruffled shirt, but his cloaths were very ragged, who said, he would produce me five hundred pound bail. Said I, where do you live? He did not choose to tell me. Said I, it is true you have a ruffled shirt, but you have no breeches. All I could get of him was, he was a gentleman.

Prisoner. Ask the boy, whether I did not desire him to go with me to a gentleman that wanted the change to pay me half a guinea; and if he did not make answer, take the money and go to the gentleman.

Crowder. This is false, I held it in my hand and he took it away by force.

Prisoner's defence.

I live in Barnaby-street : I went to see a person in Grosvenor-street, and coming back again over Grosvenor's-square I met one Richard James that ow'd me half a guinea. I said to him, I am very glad to see you, I have not seen you for half a year, you know you owe me half a guinea. Said he, if you will give me change for a 36 s. piece I will pay you; and bid me go and get it chang'd and he would stay there. I being in liquor went into the shop to ask for change for this piece, and she gave it me. I said, I had not the piece, the man that owes me the half guinea has got that. Said she, you look like a gentleman, I hope you will not go to cheat me; so I gave the money to the little boy. Going along I saw my friend take to his heels, so I took the money and ran after him. When the master came and ask'd me, if I was the man that came to his shop for change for a 36 s. piece, I said, yes, and gave him the money.

John Maddocks . I never knew him till the time he was confined in Bridewell; the boy was to be examined before Justice Fielding at the sessions; he said, he did not know the meaning of an oath; his master told him what to say at the King's Arms. I said to the boy, have you been sworn? Said the boy, my master bid me say, damnation if I take a wrong oath.

Court. If the master instructed the boy into the nature of an oath, and the danger of taking a false one, he did right.

To his Character.

Joseph Mills . I am a shoemaker: I have known the prisoner nine months: I have work'd for him, and he paid me very honestly. I never heard his character blasted till this time.

John Osbourne . I have known the prisoner from the first of July, fifty, then he took a house of me, and paid his rent very honestly. I live at a distance from him.

Henry Williams . I have known him about nine months, I never heard any ill of him.

Q. What business is the prisoner?

Osbourne. He told me he was a tides-man .

Guilty .

[Transportation. See summary.]

422. (M.) Elizabeth Bennet , widow, was indicted for stealing one hat, value 4 s. one crape hatband, value 6 d, the goods of John Rule : one linen apron, value 2 s. the property of Jane Fergerson , June 18 . *

John Rule. I live in new Hermitage-street near Wapping : The hat was taken out of my house the 18th of May, the next witness can give a particular account of it.

Sarah Scott . Last Tuesday was fortnight, between eleven and twelve o'clock in the forenoon, I saw the prisoner go into Mr. Rule's house, I live right against him. There was a woman with a callimanco gown with her, she stood at the window, the prisoner was in about six minutes, and I saw her come out again with some things in her apron. I went immediately to Mrs. Jenny, and ask'd if she had lost any thing, she was above stairs, she went down and missed the things. Then we went and pursued the prisoner, and she was taken just as she was going to take water. She had on a stripe cotton gown, which I gave as a direction to apprehend the right person. She was brought back with the things in her apron.

Jane Fergerson confirmed that of taking the prisoner with the things upon her, that the apron was her own property, and the hat Mr. Rule's.

John Burnham depos'd, that the time the prisoner was taken, she said, the other woman was not concerned with her.

Prisoner's Defence.

I am as innocent as the child unborn: my partner was so wicked as to take the things and put them into my apron. I thought she had bought them. She gave sixpence to go over the water, and I never saw her since.

Guilty .

[Transportation. See summary.]

423. (M.) James Heath , otherwise Jeffery , was indicted for stealing one silver watch, value 20 s. the property of John Bradford , and one silver watch, value 20 s. the property of John Wells , June 1, 1750 . ++

John Bradford . I am son to the prosecutor, who lives at Buckingham . James Jeffery was at our house some time in April last was twelvemonth; and saying he was a watch-maker , and going to see his aunt in the country, he desired we would give him work, my father being a clock and watch-maker. He continued with us about six weeks, when he took an opportunity of running away with two watches. I lived with my father then. We missed them the next morning. One of them belongs to John Wells , of Atterbury, and the other to my father. I never saw the prisoner since, till last monday was se'nnight, at a place of entertainment, called Sir John Oldcastle's. I took him up with an officer, and he confessed the fact. The first words he said were, pray, Sir, don't hang me, and I'll help you to one of your watches again. I had then not said a word to him. He said one of them was stop'd on Saffron-hill by Mr. Burchmore, to whom he offer'd to pawn it; and the movement of the other he had broke to pieces, and sold the silver for 7 s. 6 d. I took the boy with me to Mr. Burchmore's, who told me he believed the prisoner to be the boy who brought such a watch to him, which, upon advertizing, another boy came and claim'd, and he had accordingly delivered it to him. It was a very old watch, and the figures upon it were the same we make use of in Accounts; name, Nicholas Nibb, Oxford.

Joseph Burchmore . I believe the prisoner is the same person that brought the watch to me; he brought it the 24th of May was twelve-month, and said his master lived in Hand-alley, Holborn, whose it was; he went accordingly, but did not return. I kept it till Monday, and then advertised it. He produc'd the Advertiser in which it was. About six weeks after, a young fellow came swearing and damning to my shop, and said, he'd prosecute me if I did not deliver it, it being his, at the same time describing it. I told Mr. Bradford then, and so I say now, that I am willing to satisfy him for it, it being my fault in delivering it.

Nathaniel White confirm'd that of the boy's confession.

Prisoner's Defence.

I work'd at Mr. Bradford's, and had one of these watches to do a little job to.

Elizabeth Trueland , Hannah Williams , Mr. Rice, John Fry , and William Mole , gave the prisoner a good character.

Guilty 10 d.

[Whipping. See summary.]

424. (M.) Mary Norman , spinster, was indicted for stealing eight silver table spoons, value 4 l. two silver tea spoons, value 2 s. two silver salts, and one silver pepper-box, value 15 s. the goods of Matth.ew Huntley , in the dwelling house of the said Matthew , May 16 . ++

Matthew Huntley . I live in Leadenhall-street , but have a house at Edmonton. I receiv'd a letter from my wife there, to inform me that I had been robb'd of some plate, and gave the description of them, some with the crest, and some the letters engraved on them. I went to one Mr. Delapont for his assistance. We sent a paper describing the things to Goldsmith's-hall, and also advertised them. Mr. Henry Barlow , a silver-smith, bought one spoon that morning. I was in the country when the prisoner was taken. I have got four of the table spoons, and the two salts, and pepper box again. I have spoons of the same mark, both crest and letters, which were, with the others, produc'd in court to compare. These are all my property.

John Delapont . I issued out warrants, and advertised the things the 16th of May. Mr. Barlow came to me the next morning, when I went to Mr. Huntley's brother to see if I could get any of the other spoons to compare with it, which I found it exactly answered. I gave them 11 s. 3 d. which he gave for it. After five or six days I got intelligence that some of the things were pawned at one Mr. Mennil's, who had lent 9. 6 d. upon three spoons, the two salts, and pepper box, which I took out. The prisoner was taken up, and being accused with the fact, owned she had pawned these three articles.

Sarah Biginton . I am servant to Mr. Huntley. The first time I saw the prisoner was the 11th of May, when she came to me at Edmonton as I sat at the door, ask'd me if I wanted any matches, and begg'd some small beer. I got up and drew her some. When she had drank it, she ask'd me if I would have my fortune told? (the prisoner went under the character of a Gypsy.) She told me it would be a very lucky house to me, and told me also that there was money, upwards of 70 l. buried in the cellars. She named twenty-five large pieces of gold, some large pieces of silver, three gold rings, silver spoons, and other things, which were buried by an old man and woman, and that they were buried there for me, and that I was the person who was to have them. She then went away, saying she would be with me again on Tuesday. Accordingly she came when I was in the fore room, but only asked for a little small beer, and went away, having no opportunity of speaking to me then. She came again the next day, when she told me about the money, what quantity there was, and that I must get a quantity of silver or gold, four or five pounds value, and put into my right side pocket till such time this money was brought.

Q. Where were you when you had this Talk?

S. Biginton. We were in the kitchen: she was to come again the next morning, which she did, a few minutes after six. I let her in again, and brought the plate, eight large silver table spoons, two tea spoons, a pair of silver salts, and a silver pepper box, and put them on the table before her: she took the spoons in her hand, and wrap'd them in a cloth which she brought; I put in one salt and the pepper box, and then she roll'd the cloths up round, and ordered me to go and put some salt in the fire. When I came again the cloths were rolled again, and I put the other salt in. Then she ordered me to get a piece of packthread, with which she tied it up at the end where the spoons and salts were, as I thought. After that she told me I must get a parcel of linen of all sorts to put this into, and that they were better than to put it in my pocket. Accordingly I went and got some linen, and she put it in amongst it, tied them up, and put the parcel into the cellar. I went with her, and she told me I must not go near it till she came again, which would be in about two hours. She went away about seven o'clock, but not returning, I let the things lie till about eleven, at which time they would be wanted for dinner; but when I untied the parcel to take out the plate, there was nothing in the cloth but a wooden spoon, a flint, a steel, and some powder, I believe it was gunpowder; it was tied up as it was she left it. Upon this I made a discovery, and my mistress wrote a letter, and sent it away.

Q. When did you see the prisoner again after this?

S. Biginton. I saw her again last Wednesday in prison; but as soon as she saw me she went away.

Henry Barlow . I am a silver-smith: on the 16th of May I bought this spoon, I believe, of the prisoner. She was but a short time with me, and as soon as I saw the advertisement I carried it to Mr. Delapont's house.

Q. Are you certain it is the prisoner?

Barlow. I don't swear it, but I do verily believe it was her.

Francis Mannel . I take in pledges, my wife is the chief manager of that, I having other business to attend. I have seen the prisoner frequently in our shop, but I did not take these things in.

Phillis Mannel . On the 4th of June the prisoner brought the five things to our house, three silver spoons, a pair of salts, and a pepper box. She said she was going into the country, and beg'd I would take them in, and keep them for two or three months. I lent her 9 s. 6 d. upon them.

Joseph Clarkson by the advertisement having a suspicion the prisoner (whom he had seen before deceiving the unwary in such like manner,) was the person meant by the description, search'd for, and took her, when she confessed in part; but after some time, she said she would take her chance, and would not confess any more.

Prisoner's Defence.

I know nothing of the things. I never saw them in my life. If I had been such a woman as to have done this, I should have had some body to have come after me; but I have not a soul but God, your lordship, and myself, to give me a good word and right me.

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

[Transportation. See summary.]

425. (M.) Joseph Platt was indicted for stealing one silver cup, value 5 s. the property of John Matthews , May 28. ++

John Matthews . I keep a public house in St. James's parish, Pickadilly, the Oxford-arms , next door to the watch-house. On the 29th of May my wife miss'd this silver cup, and on the 21st or 22d of June we heard it was stop'd in St. Martin's-lane by Mr. Beesley, a pawnbroker; upon which I went there and found it to be mine. It was carried there about the time I lost it.

William Turner . The prisoner offered to pawn this cup with me on the 29th of May; he told different stories about who he work'd with, so I stop'd it. He went about his business, and we heard no more of it till the 21st of June, when he came and demanded it, but my master would not deliver it. He said he was a watchman in St. James's parish, and lodg'd at a butcher's shop, but could not tell the name of the butcher. I being acquainted with an officer of the parish, went and found out the prisoner.

Prisoner's Defence.

I had a cart run over me, and after I had spent all my money and dispos'd of my cloaths, I went into St. Thomas's hospital. When I got better, I borrowed some money of one of the church wardens, and unhappily meeting with a man who ask'd me to buy this cup, and demanding 12 s. for it, I offer'd him half a guinea: I bought it for that and a full pot of beer. If I had stole it, do you think I would have told my name and where I lived?

Acquitted .

426. (M.) Richard Sowle was indicted for that he, not having the fear of God before his eyes, but being moved by the instigation of the devil, on George Paschal did make an assault, and he, the said Richard, with a drawn sword, which he held in his right hand, did strike and stab, giving him on the right side of his belly one mortal wound length half an inch, depth six inches, on the 6th of May , he languished till the 8th, and then died : That he the said George did kill or murder . He likewise stood charged upon the coroner's inquest with manslaughter.*

John Malcomb. On the 6th of May I saw Capt. Sowle and the deceased together in May-fair , betwixt the Red-cross and Mr. Norman's, they had both their swords drawn about four or five yards from each other. I went up to them as fast as I could, saying, consider, gentlemen, what you are go ing about is a thing of a very dangerous consequence, and you are both; I suppose, in liquor, and when you are sober you will be sorry for it. Capt. Sowle said he'd take my advice, and so put up his sword. Then the deceased whispered to him, but what they said to each other I cannot tell. Capt. Sowle said to him, as you persist upon it, I'll meet you in Hide-park at four o'clock. The other said, there is no time like the time present, and insisted upon satisfaction then, Capt. Sowle bid him a good morrow, and walk'd away from him, but the other followed him with his sword drawn in his hand, saying, damn your soul, several times, you are a coward like the Core you belong to. They walk'd about sixty or seventy yards from me, and he seem'd to give aggravating language. Then Capt. Sowle drew his sword, and they went to it; I ran up to them as fast as I could, and call'd to them for God Almighty's sake to give over. I saw the captain receive a wound in his left arm.

Q. Why did not you endeavour to prevent this before?

Malcomb. I had not my sword or stick with me, the evidence is a soldier. I went in between them, and Capt. Sowle withdrew, I catch'd at their swords, and twisted Paschal's out of his hand, and then going to Capt. Sowle, he let me have his without any resistance. Paschal ask'd me for his sword again, and said, are you going to rob me? I said, no, I had a spirit above that, and that I had a great mind to break both the swords, for I could stand by so doing. He ask'd me for it a second time, and I told him, I took him to be a gentleman of honour, and if he would promise to use it no more at that time I would give it him, which he did, and I put it into his scabbard myself, saying, if he had been kill'd it was his own seeking, because he insisted to fight the gentleman. He said, let the consequence be what it will, I heartily forgive the gentleman. There were then four or five people about them. Capt Sowle ask'd me to help do up his arm, and if I had a room thereabouts. I carried him to my room, and call'd up my wife, who wash'd him, and tied up his arm. Then he refused me to go and enquire for the deceased, when I did, but he was gone. At that time I did not think he was hurt at all, seeing no blood.

Cross examined.

Q. What size man was Paschal?

Malcomb. He was a tall, thin gentleman, taller than the prisoner, and seemed a stronger man.

Q. Did you perceive any other wound the prisoner had, besides that on his arm?

Malcomb. I did not, sir.

Q. Did you see him lying against the rails of a house ?

Malcomb. No, I did not, sir.

Q. Did he bleed very much?

Malcomb. He did, sir, as I came in betwixt them.

Q. Did not you see a small wound in his neck when your wife dress'd him?

Malcomb. No, sir, I did not.

Q. What did you think would be the event of it, when you saw the deceased follow the captain with a drawn sword?

Malcomb. I was really afraid he would run him thro' then.

Q. Did you see the deceased after this?

Malcomb. I did not till he was dead.

Q. When did you see the prisoner after this time?

Malcomb. Not till to day.

Q. Did they appear to be sober at that time?

Malcomb. No, they appeared both to be in liquor.

Q. Did Paschal put up his sword when the captain did.

Malcomb. No, sir, he kept his in his hand, and whisper'd to the captain.

John Joyant . Mr. Paschal lodg'd at my house. He came home that morning before they fought, I believe it was between four and five in the morning, and Captain Sowle with him. They went into a parlour in the back part of the house, and stay'd there some little time. While they were there, I went up stairs to put on my coat. I just ask'd Mr. Paschal whether he would have his slippers, and thinking he was going to bed, I did not ask him any farther questions, nor did he say any thing to me. When I came down they were both ready to go out. I heard no words of difference pass, but out they went together. I knew nothing farther of it till Mr. Paschal came back, about half an hour after eight. When he came in I was called down into the fore parlour, where I found him sitting in a chair: he pull'd up the flap of his waistcoat, and said he had a little scratch ; it was in the lower part of the right side of his belly. He said he was in good spirits, and behaved the gentleman. He thought he was not at all hurt, and looked upon it as a thing of no consequence. His shirt was no more bloody than what it might have been by the scratch of a pin, (tho' it bled inwardly we found afterwards.) I prevailed upon him to go up to bed, and desired he would permit me to send for a surgeon, but he would not; notwithstanding that I sent for one Mr. Pinkstone, but when he came, the deceased would not permit him to do any thing to the wound, so he went away again. About one or two o'clock he began to be faint, when he admitted him to be sent for again, but then I was not at home, so can say nothing to it. This was on Monday morning, and he died on the Wednesday following ; There were several other gentlemen that attended him during that time.

Cross Examined.

Q. Was the deceased a man fond of drinking to excess?

Joyant. No, sir, he was not.

Q. How was he for temper when in his liquor ?

Joyant. In liquor he was rather rash than otherwise.

Q. Was you very intimate with him?

Joyant. I was.

Q. Then you have seen him in liquor, have not you?

Joyant. I have seen him a little in liquor, but never knew him to have any quarrel since I have known him, which was several years.

Q. Had you any talk with him about this unfortunate affair afterwards?

Joyant. He several times said he was extremely well pleased to hear that the gentleman was out of any danger; intimating, that he was very happy since he had not kill'd Captain Sowle .

Q. Did he ever relate any particular circumstance upon which it arose?

Joyant, No, sir, he never did.

Thomas Roper . I am waiter at St. Alban's tavern, in St. Alban's-street. Mr. Paschal was in a club there on Sunday night, the 5th of May. About 12 o'clock, or a little before, Capt. Sowle came to the same company.

Q. Was he sober?

Roper. He was fuddled. The company staid till near four o'clock in the morning, and left Paschal and the captain by themselves. They staid near an hour, and were hiding their money under hand. The door stood a-jar, and I was at it, but hearing them get up to go away I went in, and heard Mr. Paschal say to the captain, I'll go where you dare not go. They went down stairs together, and so out of doors. Capt. Sowle offered to have a chair which was at the door, but Paschal took him by the arm, and they went up the street together. I look'd after them, thinking there was something amiss. I observ'd Capt. Sowle had a sword, the other had not.

Cross Examined.

Q. Were they in liquor or sober when they went away?

Joyant. They were both in liquor, sir.

Q. Have you seen them in that company before?

Joyant. I have seen Paschal there before in that company, but don't remember I ever saw Capt. Sowle in that company before, sir.

Q. Did you ever see them together before?

Joyant. I don't remember I ever did.

Q. Do you think Capt. Sowle had went in the chair if the other had not prevented him?

Joyant. I think he would, had not the other took hold of his arm.

Q. Do you know Capt. Campbell?

Joyant. Yes, sir, he was the last person that went out of the room, and left them together.

Fleming Pinkstone. I attended the deceased on this unhappy occasion. I went to him on Monday about nine in the morning, the gentleman of the house shewed me his bed, and I opened the curtains and said, sir, how do you do? He gave me out his arm, and said, do I want to be let blood? Said I, if you have no complaint, I don't think this pulse will admit of the loss of blood, but, continued I, I hear you have other complaints, if you have, pray shew me. No, said he, if I don't want bleeding I am your humble servant, good morning to you. I went into the next room, and said, what shall I do in this case? The gentlewoman desired me to come again when a friend of his would be there. So I went away, and was sent for again between twelve and one. Then the deceased laid open the bed, and turning up his shirt, I saw a small puncture in the lower part of his belly, on the right side, upon which I took my probe, and found it passed into the cavity quite through. He then complained of a violent pain on the point of his left shoulder, and I found a great anxiety about him. I went into the next room and told the gentlewoman of the house I was afraid it was a thing of great consequence, and desired to have a consultation ; then I went and desired the deceased would name a person; upon which he ask'd me what I thought of Mr. Andrews. I answered I thought very well of him, and should be glad to have him there. Accordingly he was sent for, and came in about 15 or 20 minutes. While he was sent for I sat on the bed-side, and ask'd him how this came; but he seemed to decline that, and turning about said, I don't know who gave it me, but I am sure he is a gentleman. When Mr. Andrews came we consulted what was proper, and dress'd him in the usual manner. Mr. Andrews going out of town, and I finding him worse, called in Mr. Hawkins, but he died on Wednesday in the evening; after which I open'd him, and found the wound had passed through the cavity into the abdomen, and opened the left iliac vein, the consequence of which was a great extravass of blood. I am certain that wound was the occasion of his death.

Cross examined.

Q. Did the deceased say any thing else?

Pinkstone. I don't recollect he said any thing else.

Q. Did he lay the blame on any body?

Pinkstone. If I understood him by his behaviour he seem'd to be extremely chagreen'd with himself, especially when I came first in the morning he seem'd very uneasy, and continued so thro' the whole, being very fullen.

Prisoner's Defence.

My lord, the deceased was almost a stranger to me, for I never had seen him but once before. It was by accident I went into that company. I have since heard Mr. Paschal was very unhappy in his liquor, and a very quarrelsome man. The treatment he gave me was very exasperating, following me with a drawn sword, which obliged me to draw in my own defence. I am very sorry for the event. I have a great number of gentlemen here to prove I am no quarrelsome man, or any thing of that sort. I received the first wound on my shoulder which threw me backwards, and I must have been on my back, had it not been for some rails; the second would have been in my body, had I not taken it into my arm; and the third was the unhappy one which I am exceeding sorry for.

Alexander Campbel . I have known the prisoner some years, and was a little acquainted with the deceased. I was in company with them on the 5th of May at night, at the St. Alban's tavern, St. Alban's-street. I had been in company with Mr. Paschal from eight at night till three in the morning, and the prisoner came in about twelve. I never heard they were together but once before. There was no enmity between them as I saw. I left them about half an hour past three, and was the last that went from them.

Q. Was the prisoner sober?

Campbel. I look upon him to have been a good deal in liquor; I begged Mr. Paschal to go home; the next day I had a message from Mr. Paschal, which was, that he says he does not know whether this unhappy affair was with you, or with Captain Sowle , or Mr. Love; I went to Mr. Paschal, he told me he remembered nothing of any quarrel he had with Mr. Sowle; upon which I told him of the provocation Mr. Sowle told me (for I had been there) he gave him; upon which they fought, that is, he insisted upon fighting him, and gave him a great deal of abusive language, which was what a gentleman or officer could not put up with; then he told me, in short I take all that you say for truth, for I think Mr. Sowle is one of the bestnatured men that ever I was in company with, and I dare say it is a thing of my own seeking.

Q. Was he apt to be a little quarrelsome when in liquor?

Campbel. I was with him once when he seemed to give a great deal of uneasiness to a company, yet I could not conceive by his speech he was in liquor; I never knew him but that time so quarrelsome.

Q. What is Captain Sowle 's general character?

Campbel. I have been very often with him, and I never heard or saw he was in the least quarrelsome either sober or in liquor; I have been in company with him when we have drank pretty freely; I went to the deceased a second time; the next day he told me, with a great deal of chearfulness, he had had a fine sweat and was pretty well, and said he had heard from Captain Sowle , and that it gave him a great deal of joy to hear he was able to go to his quarters; Captain Sowle held up his arm on Monday, and it seemed very lame, he could not use it; he also had a little scratch on his collar bone.

Q. Which of the two seemed to be the strongest man?

Campbel. Mr. Paschal was stronger and taller a great deal than the Captain.

Q. Did you see Paschal's wound?

Campbel. No, sir.

Captain Ferguson. I knew Mr. Paschal about two months.

Q. Did you ever see him in liquor? how is he then?

Ferguson. I thought him in liquor a little wrong headed; I remember one night at the tavern, about a fortnight or three weeks before this, he had some words with a gentleman, and went down stairs with him and came up again, and asked me to send him a sword; he insisted upon having it' and I would not let him go out of the room for some time; he went and came up again, and asked me to lend him my sword a second time, it was hanging up in the room, I took and put it about me; I have known Captain Sowle two years, I never saw him the least quarrelsome, I believe him to be a good-tempered gentleman as any I ever was acquainted with.

Captain English. I have known Captain Sowle three years; he is an extream good-natured man.

Acquitted .

427. (M.) Daniel Steward , was indicted for that he, together with William Eaves and Patrick Ceyling , did steal nine sacks of coals, value 18 s. the goods of Thomas Morgan and Co . 16 bushels of coals, the goods of John White , and 25 sacks of coals, value 50 s. the goods of persons unknown , May 18 . +

John White . I keep a coal-wharf . Robert Blake can inform the court what he saw the prisoner, in company with two others, do upon my craft, which lay at the creek's mouth coming up the liver ; he, I, and Mr. Meggs went to Limehouse bridge or thereabouts, and as we stood by the water side, said Blake, I see one of them on the other side the water in a boat; we took a wherry directly and pursued him, it was Eaves, he made great resistance, insomuch that we were in danger of our lives a great while, he was taken and laid on his back in the boat, but there came two watermen and rescued him; I know nothing against Steward, only he missed a chaldron or upwards of coals, and that the lighterman did acknowledge he gave some of them to him, and the prisoner acknowledged before the justice, and impeached Patrick Ceyling , William Eaves , and the lighterman that he had some coals out of the barges at the creek's mouth, Mr. Meggs was by at the time.

Robert Blake . I saw the prisoner on the 18th of May in Mr. Meggs's and Mr. White's craft, and two men with him shovelling the coals out into two ships in the creek, I went and informed Mr. White that I saw William Eaves and the prisoner row them away in two large skiffs, and, as near as I could guess, there were two chaldron in both boats; we took up the prisoner about a month after this at Deptford; I am sure the prisoner is one of them.

Q. What is the prisoner?

Blake. He keeps a bomb-boat.

Jeffery Meggs. Blake came and told me he saw the prisoner and others upon the coals, &c. I went with Mr. White, and he confirmed the same.

Prisoner's defence.

When they took me up it was above a month after the time, I had not a coal, nor any thing like a coal.

To his character.

Jane Meredith . I have known the prisoner 17 years, I never heard any thing of him but that he paid me very honestly.

Elizabeth Coxel . I never knew the prisoner ever defrauded any body in my life, I have heard this Blake say he'd have his life.

Guilty .

See Number 293, Sir William Calvert's mayoralty.

[Transportation. See summary.]

428. (M.) Mary the wife of Stephen Stivers , was indicted for stealing one callicoe gown, value 20 s. one cotton gown, one holland shirt, one shift, one sheet, one duffel coat, one camblet gown, one apron , the goods of Slack Wickerman , June 1 . ++

Anne Wickerman , I am wife to the prosecutor, I live at the sign of the cradle in East Smithfield , am a midwife, and keep a coal cellar; the prisoner went away when the things were missed, the first of June, and was taken the fifth, and confessed taking the things, the sheet was pawned at Mr. Longdale's for 2 s. a curtain and duffel coat I found; on her confession, she would not tell of the other things where they may be found. (Note, in the indictment it was laid duffel coat and camblet gown, instead of duffel cloak and camblet curtain.) The sheet, cloak, and curtain produced and deposed to. John Dicksey the headborough, Anthony Longdale the pawnbroker confirmed the above.

Guilty of stealing the sheet 10 d.

[Whipping. See summary.]

429. (L.) Christopher Larkin , was indicted for a rape on the body of Jane Gallicote , spinster, an infant not 11 years of age , June 17 . ++

Sarah Stevens . I am aunt to Jane Gallicote , she is between 10 and 11 years of age, she lives with me, and the prisoner lodg'd in my house two months or thereabouts, he behaved himself very well some t ime; on the 17th of June my husband and I went over the water, and left this child at home, and another of eight years of age came home from school at 12 o'clock; I live in Dolphin yard Crutched Friers , and as we went over the hill the clock struck twelve; I left also an old man and two or three more journeymen taylor; when home; my husband is a journeyman taylor; when I came home about eight or nine at night, I found the children at home ; the girl was very well when I went out for what I knew; I observed something the matter by her shift the next day; she told me her private parts smarted like fire.

Q. What do you know of this affair?

S. Stevens. I observed her and found the part red and inflamed, it seemed as though the skin was off; the prisoner went to take his chest away, and would not pay me what he owed me, which was half a crown; the next day after this the girl told me what he had done to her.

Amy Saukster . I go out a nursing; I came home; I live next door to her; this day fortnight at night I heard a great tumult at Mr. Stevens's house; I heard her call out, go and fetch a constable; I heard her say, are you going to murder me? she let this child out, and she fetched an officer; the prisoner was some time before he'd pay her; at last he did; I went home and fetched the girl, and Mrs. Stevens and I laid the girl on my bed and examined the part; I advised Mrs. Stevens to have a midwife ; the midwife persuaded her to take the prisoner up; I saw something extraordinary was the occasion of desiring the advice of a midwife.

Q. Could not what you saw come by sweating, &c.

A. Saukster. No, Sir, it could not.

Q. Was the part torn?

A. Saukster. I cannot say it was, Sir, it looked very sore, and seemed to have a very great running.

Anne Brown . I was at the last witness's house; the child came up very much affrighted on Monday was fortnight; I believe about one o'clock, the child desired we'd come down and put the man away; we asked what was the matter? she said, he was very impudent; the prisoner (I think it was) went out of Mrs. Stevens's house in about a quarter of an hour.

Eleanor Rogers . I live at Mrs. Saukster's; last Monday was fortnight the girl came up to the last vidence and I: she went on and confirmed her account.

Henry Tompson . I am a surgeon, an apprentice to Mr. Harrison ; this girl was brought to the London hospital to be examined by the surgeons about a week ago; she had been there two or three times before, this was the last time; upon examination we found she had a gonorrhoea, that is what is commonly called a clap; there was no laceration, or any thing else but the running.

Q. Had there been any penetration?

Tompson. There had been none, no man could penetrate her body, she is of too tender an age for that; it was the opinion of all the surgeons there had been no penetration.

Q. Could a gonorrhoea come without a penetration?

Tompson. It might come by an impure cohesion.

Q. How long have you been apprentice?

Tompson. I have served six years of my time. Upon this deposition the girl was not admitted to be sworn, the prisoner was acquitted , but another bill for a misdemeanour was preferred against him to be tried at Guildhall.

430. (L.) Joachim Barwick , was indicted for stealing ten pounds weight of refined sugar, value 4 s. the property of Henry Hancock , June 1 . ++

Acquitted .

431. (L.) Archibald Macdaniel , was indicted for stealing one silver watch, value 3 l. the property of Robert Galaway , in the shop of Joseph Stevens the elder, June 10 . ++

Joseph Stevens . I live with my father, he is a watchmaker and silver smith in Aldgate high street ; on Saturday the 8th of June, about seven in the evening, the prisoner came to buy goods, he wanted an ounce of gold rings (I thought that was very odd) then he said he wanted two or three watches, and that he should want some stone sleeve buttons; I shewed him several cards of buttons, he said he wanted some of another price, which we had not; then he said he'd call on Monday at 11 o'clock; he called on Monday, I had not an opportunity to get some buttons; I told him if he'd stay I'd go and fetch two cards of buttons; there were two watches lying on the board where I work about two or three yards from him; I told him I should be back in about five minutes; I came back with the buttons in about ten minutes; my brother Samuel was in the shop, the prisoner was gone; my brother said he was gone to drink a pint of beer at the Turk's Head, and would return presently; I bid him go over for him, he did, and returned and said he was not there; I went to sit down at my work and I missed a watch, I had laid it ready to go about; the name was Williamson.

Q. Was it there when you went out?

Stevens. It was with another which was then there; my brother told me this chap sat down after I was gone within about a yard from the watches.

Q. Whose property was the watch you missed?

Stevens. It was the property of one Robert Galaway , he brought it to be mended; after I missed it I could not recollect where it was; about a week after Mr. Galaway came for it; we had, as usual, given him a note upon the delivery, which he brought with him; from that I took the name and number upon a piece of paper, and searched the shop all over, and could not find it; about three or four days after we advertised the name and number, &c. Mr. Tombs, the constable of St. Margaret's Westminster, sent us word we might see it if we came to him, he had advertised the watch before; my father and I went and swore to the watch; the constable asked me if I thought I should know the man; I said I should; we went to the Gatehouse, and from amongst a number of people I pitched upon him directly, I am certain of him. The watch produced in court and sworn to.

Andrew Johnson . The prisoner used to come to my house; he came on the 11th of last month and was offering to pawn this watch in the neighbourhood; I bought it of him for 30 s. when he was taken up for a thing in the neighbourhood the people asked him how he came by his clothes; he said he sold his watch and bought them with the money; then I advertised the watch at my own cost; after that I saw Mr. Stevens's advertisement.

Peter Tombs . On the 12th of June I was called by Mr. Griffice that keeps a toy-shop in Angel-court, to take the prisoner in custody; he was examined upon a thing he was taken up for; he said he had sold his watch to Mr. Johnson; Mr. Johnson was sent for; the prisoner said he bought it in St. Paul's church-yard for three pounds, or three guineas.

Samuel Stevens being in the shop when his brother, went for the two cards of buttons, confirmed the account he had given.

Prisoner's Defence.

I bought this watch of a Jew.

Guilty 4 s. 10 d.

[Transportation. See summary.]

432. (L.) John Passinore , was indicted for the murder of Thomas Westmore , June 26 ; he also stood charged on the coroner's inquisition for manslaughter. +

Daniel Steping . I was walking on the parade in the King's-bench walks , and saw the prisoner take hold round the waist of a young woman as though he wanted her to walk with him, she seemed to be as agreeable to go with him as he was to take her, she and he went up to the deceased, who was standing against one of the pedestals which support the lamp; he desired the prisoner to let the young woman go, accordingly he did, and made use of this expression, Let us make no more dust but shut up shop and be quiet, which is an expression the peruke-makers use among themselves; soon after that the prisoner at the bar went behind another man and put his arm over his shoulder and pulled the deceased by his wig; the deceased seeing his hand withdraw followed him with great rage and made a blow at him ; the prisoner returned the blow; between the two blows the deceased said, d - n you, sir, what is that for? the prisoner gave him a second blow; there was a word between the first and second blow; the second blow felled him upon the stones; I ran and catched him up, and held him between my legs till he was taken away with a chair; I assisted in putting him into it; I went to the prisoner at the bar next morning at four o'clock, and told him I thought the consequence was very great; he said, if it was so, it was more than he could really think by the blow, saying, the man must be either an impostor or drunk, and that he intended to send him a surgeon that morning.

Cross examined.

Q. Was this done indecently to the young woman, or using her roughly?

Steping. It was done in such a manner that I really thought he was acquainted with her, it was nothing indecent.

Q. Did she go with him freely?

Steping. She and he went up to the deceased together.

Q. Did she go up to him for protection?

Steping. I did not observe it was for that.

Q. What did you understand by that expression about dust ?

Steping. I understood Passmore meant don't let us have a quarrel.

Q. Did the deceased strike the prisoner first?

Steping. I think the prisoner received a blow on his arm, and then he immediately returned it.

Q. Do you think Westmore was in liquor?

Steping. I really think he was.

Q. Do you look upon Westmore to have been a healthful man?

Steping. I believe he was a weakly man, a little blow might have knock'd him down.

Q. Had he been a strong man, do you think that blow could have knock'd him down?

Steping. No, it could not.

Q. Had the prisoner any thing in his hand?

Steping. No, sir.

Q. Do you believe it was that blow that kill'd him?

Steping. No, sir, I do not. I believe it was the fall that kill'd him.

Q. Did you see him after he was dead?

Steping. I did.

Q. Where was the wound?

Steping. It was on the right side upon the temple as I took him up there was a bump arose.

Q. How do you know whether it was by the blow or the fall ?

Steping. I go by what the surgeon said that bleeded him.

Q. Is Passmore a right or a left handed man?

Steping. I believe he is a right handed man.

Q. Where did the blow fall?

Steping. I believe it fell on the jaw.

Q. Were they faceing each other?

Steping. They were, sir.

Q. How near did you stand?

Steping. I stood within a yard of the deceas'd.

Q. What time of the night was this?

Steping. It was between ten and eleven o'clock at night.

Q. Did the moon shine?

Steping. It did.

Q. Which hand did the prisoner give the blow with that knock'd him down?

Steping. With his right hand on the deceased's left side. I believe both the blows were given on the jaw.

Henrietta Barker . I went into the Temple-walks to see the fire-works, and just as the clock struck ten we look'd for them: as I stood there this gentleman came up to me and took me round the waist, and ask'd me, if I would go take a walk or a run, or drink a glass of wine. I refused him, he pull'd me, and I gave a stagger, which might make the other witness believe I was consenting. Mr. Westmore desir'd he would let me alone, saying I belong'd to him. The prisoner said, I did not, I was his cousin. The deceas'd said, I was no cousin to him, and he would take me home as he brought me out: with that the prisoner went very civilly away. He came round again and pull'd Mr. Westmore by the wig, he had taken a little walk in the walks between. Just as he pull'd him by the wig I saw one of the fire-works go up at Cuper's garden, I turn'd round and saw only the blow given by the prisoner, which knock'd Mr. Westmore down with his right hand. I went for a surgeon to bleed him, then I saw him home, and after that I saw his head opened: his scull was crack'd just above the temple, where was a great bump on his head.

Q. Which side did he fall on?

H. Barker. He fell on his right side, on the pavement.

Q. Which side was the wound on?

H. Barker. It was on his right side.

Q. Was Mr. Westmore in liquor ?

H. Barker. He was a little, but knew what he did.

Charles Maxwell . I am a surgeon : On Wednesday was se'night, about half an hour after ten o'clock, I was call'd to bleed the deceas'd in the Temple, where I found him lying insensible. After I had bled him I sent for another surgeon, and we agreed to lay the scull bare ; there we found a breach about an inch long above the temple bone, and likewise a depression on the right side the head. I apprehend that fracture was the cause of his death.

To his Character.

Mr. Howard. I have known the prisoner about four years, he has been a kind of a servant to me, and used to shave me and do my wigs. I always took him for a person of a very peaceable disposition, very unlike to run into any quarrel. He is a person of sobriety. I never saw him in liquor in my life; an honest person, I would have trusted him with any some of money, and a good natur'd fellow. I don't think he would, knowingly, kill any man in the world, under any provocation.

Mr. Dryle. He has attended me in the manner he has Mr. Howard. I think him a man very unlikely to commit any crime of this sort, I don't think he would begin a quarrel. I have heard the trial, and don't think, upon these circumstances, he intended to kill the deceas'd.

Guilty of manslaughter .

[Branding. See summary.]

433 (M.) George Christy , was indicted for stealing 600 pound weight of cordage , the goods of John Berwick , June 11 . +

Acquitted.

434. (M.) John Fulford . was indicted for that he, in a certain field, or open place, near the king's highway, on James Eagan did make an assault, putting him in corporal fear and danger of his life, and taking from him one pair of leather breeches, one pair of leather shoes, one pair of white mettle buckles, and 6 s. 9 d. in money , +

James Eagan . I was coming to London, and on the back of Islington church, in the fields , I sat down to rest myself, between two and three o'clock in the morning, the 29th of May : there came the prisoner and two other persons and cry'd, holo ; then they came up to me and swore, they would stick me through the body, or cut my throat, if I did not deliver them my money and goods, they took from me the things mention'd in the indictment. I was inform'd the prisoner was taken last Thursday was se'nnight, and when he was before the Justice I went there and knew him again; two of them had sailors trowsers on, the other a red waistcoat; the prisoner said before the Justice, they took from me my buckles, breeches, and shoes, and that he saw but threepence halfpenny in money, but he did not say what was become of them.

Prisoner. We had never a knife along with us. Ask him, whether I nam'd any buckles before the Justice.

Eagan. He did, my lord, and call'd them white buckles.

Q. from the prisoner. Does the prosecutor know the breeches?

Eagan. Yes, I should, if I knew where to find them.

Q. From the prisoner. Was he asleep or awake when we rob'd him?

Eagan. I was awake when my breeches were pull'd off as I am now. I found two shillings of the money on the ground after they were gone.

Woodward Archer Harlow. As I was coming along Field lane, about half an hour after 11 o'clock at night, the prisoner and others were blasting their eyes; said I, you are a parcel of thieves, what do you do here at this time of the night? They gave me some saucy answer, so I laid hold on the prisoner and deliver'd him to the constable. Said the prisoner, I wish you had taken him that was along with me, you had then done the trick; and added, there is but one thing can hurt me; that was, that he and two or three more robb'd two people in two different haycocks, one of the men had a woman along with him. I took him to Bridewell, the prosecutor came and challeng'd him with the breeches, and 8 s. 6 d. Said the prisoner, how can you say so much? I saw but threepence halfpenny. The prosecutor said before the Justice, the prisoner was the person that took his shoes, and the others took his breeches. The prisoner own'd to the taking two odd buckles, and one of his companions took the breeches.

The prosecutor gave no account of being put in bodily fear, the jury found the prisoner guilty of felony, but not of the robbery .

[Transportation. See summary.]

435, 436. Mary Davis , spinster, and Eliz. wife of Thomas Davis , were indicted for that they, together with Charles Butler , on the 31st of May , about the hour of two in the morning, the dwelling-house of Joseph Robertson did break and enter, thirteen pair of leather breeches, value 5 l. two buckskins, value 10 s. the goods of the said Joseph, in the dwelling-house of the said Joseph, did steal, take and carry away . +

Joseph Robertson . On the 31st of May, at twenty minutes past eleven o'clock, I came home from club, then I went to bed and the house was fast. My shop was found open at three o'clock in the morning, and the cellar window thrown into the street; the lock was wrench'd off, the staples drawn, and the goods mentioned in the indictment taken away; about the Wednesday following there came the beadle of St. John's, Wapping, and said, there was a man taken that had made a confession, that he, and others, had broke open my house, and stolen twelve or thirteen pair of breeches. They had him in custody from Thursday till Sunday, and then he found means to get out of the watch-house. He had confess'd, that Jane Robertson , and the two prisoners, all knew what was become of the goods; that some of them were pawn'd to Mr. Longdale, in East-Smithfield, and some of them sold to one Baker, in Blue-anchor-yard. At the last place I found none, at Mr. Longdale's I found one pair, which I swore to be my property. I took up the two prisoners, and Jane Robertson the evidence. Elizabeth Davis confess'd she sold two pair of black breeches, and said she saw but two pair. She directed us to the places where she sold them both, one pair for three shillings, the other for three shillings and sixpence, one to Mr. Lyons in Rosemary-lane, the other to Mrs. Gladman. The three pair were produced in court and deposed to. Butler said, he used to lie with the prisoner, Mary, which he call'd Mary Ward , every night since her husband, Edward Ward , was executed.

See No 311 in this mayoralty.

Jane Robertson . Mary Davis and Bryan, otherwise Butler, went out between eleven and twelve o'clock that night, Elizabeth Davis was not with them, she only sold two pair of breeches. They two came home again between two and three in the morning, Mary Davis brought home two pair of breeches tied up in a handkerchief, and he a pair on his backside. I liv'd in the same house, between four and five o'clock in the morning they came and awak'd me, and ask'd me to go and drink a pot of beer: we went up Red-Lyon-street, by Whitechappel church, the breeches were tossed over into the field, in a bag, by the half-way house, and Mary Davis counted them, there were thirteen pair with the other three pair.

Prosecutor. Mary Davis said, she would say any thing to save herself. She would not give me any account, it was Elizabeth that told me

Anthony Longdale. On the fourth of June Mary Davis brought one pair of breeches to my house to pawn, and the prosecutor came and swore to them.

Joseph Hall. I live with Mrs. Gladman, Eliz. Davis sold one pair of breeches to me.

John Linstead the constable confirm'd that of finding the breeches at the respective houses, and the prosecutor swearing to them, both guilty of felony and not of the burglary .

[Transportation. See summary.]

437. (M.) William Henshaw , was indicted for that he, on the 15th of June , about the hour of eleven in the night, the dwelling house of Leon Ancona did break and enter, with intent the goods of the said Leon to steal .

++ Acquitted .

438, 439. (M.) William Dukes , and William Currier , were indicted for stealing four silk and cotton handkerchiefs, value 1 s. 6 d. the goods of Han. Chamberlain , widow, June 8 .

++ Both acquitted .

440. (M.) Jane, wife of John Brown , was indicted for stealing one linen sheet, value 4 s. one harrateen curtain, value 2 s. the goods of Jane Grive , widow, seven pieces of linen check, the goods of Thomas Ware , June 15 .

++ Guilty 10 d.

[Whipping. See summary.]

441. (M.) George Stediford , otherwise Tediford , was indicted for stealing two silver teaspoons, value 4 s. the goods of John Gladen , May 31 .

++ Acquitted .

442. (M.) MARY, wife of William Bennet , was indicted for stealing one linen sheet, value 3 s. one blanket, value 2 s. 6 d. two linen pillow-bears, value 6 d. two copper saucepans, one copper tea-kettle, the goods of John Walker , in a lodging room let by contract , &c.

June 27 .

The prosecutor not appearing she was acquitted .

443. (M.) Edward Dixon , was indicted for being with others, to the number of twenty and upwards, arm'd with fire arms and other offensive weapons, in order to be aiding and assisting in the running and landing uncustom'd goods, &c .

October 8. 1746 . *

Samuel Salmon. I was at Benacre , in Suffolk , in the year 1746, in order to run a crop of goods: I went the fourth or fifth of October and met the Suffolk company there, there were about twenty of us: I staid there till the seventh, but the cutter did not come in. We went away for Horsey, in Norfolk, and stay'd at a place that evening call'd Walsham: when we were there we received intelligence, towards the morning, that the cutter was come in at Benacre, so we return'd thither on the 8th. The prisoner belong'd to another company, I think they stil'd themselves the Norfolk company, there were near twenty of them, they came to Benacre all arm'd in general, some with blunderbusses, some carbines, some pistols, and some hangers, between nine and ten o'clock, as near as I can guess, the prisoner was arm'd with a blunderbuss. The goods belonging to their company were all landed in William Denys Fox 's barn, there were upwards of thirty hundred weight of tea in oil skin bags, and upwards of a hundred casks of half anchors, which generally hold four or five gallons, the usual casks for running brandy, rum, &c. for the handyness of loading.

Q. Do you know the prisoner?

Salmon. I know him very well, I saw him there with the gang loading the horses.

Q. How many horses were there do you think?

Salmon. There were between fifty and sixty, all loaded, every person knows his own goods, they having a private mark. The prisoner went off arm'd with a blunderbuss, and tea upon his horse.

Thomas Jones . I was at Benacre the 8th of October, 46. I was one of the Suffolk gang, we were there in order to bring away run tea, and brandy. I saw the prisoner there, (he rode four months in the same company that I did,) between eight and nine o'clock in the morning, and saw him load with tea out of Denys Fox 's barn, and arm'd with a blunderbuss slung cross his shoulder; the tea was tied together in two quarter bags made of oil skin. My master had some at that time, I lost my drift horse in going, and my master and I had some words so I left him at that time. There were thirty or forty persons assembled to run goods at that time, and twenty-five or thirty horses.

Q. How many horses had the prisoner?

Jones. He had but one, as I saw, which he rode upon.

Samuel Collington . I have known the prisoner five or six years: I saw him and was with him about the fourth or fifth of October, 46, he came to my house then, I keep a publick house at Benacre. He went from my house to Horsey on the 7th, and when the cutter came in I was sent by one Denys Fox, and Jonathan Tipple , to tell them the goods were come in, so he came back with me about eight o'clock in the morning to Benacre. They went down to Denys Fox 's barn, there I saw him load tea in oil-skin bags, and he was arm'd with a blunderbuss when he went off.

Q. Were the company all arm'd?

Jones. There were ten or more arm'd

Cross examined.

Q. How do you recollect it was the eighth of October.

Jones. I can give a good account of it, for sometimes there has been reckonings left to pay, and we make memorandums upon these occasions. I have look'd upon some of these memorandums since.

Prisoner's Defence

I deny the whole of it.

For the prisoner.

Samuel Clayton . I know the prisoner, he liv'd with me a servant about ten months: I am a butcher , so is he. He came to live with me in June, 46, and lived with me till the latter end of April following.

Q. Where do you live?

Clayton. I live in Hanover-yard, the right name is Hanley-street, in St. Mary-le-bone parish : the prisoner never lay out of my house to my knowledge.

Cross examined.

Q. How long have you been a butcher?

Clayton. Ever since I was four years old.

Q. Where have you liv'd in that time?

Clayton. I liv'd in the Borough thirty one years, and I have liv'd where I do now between six and seven years.

Q. When came you first acquainted with the prisoner?

Clayton. My first acquaintance with him was at the Blackamoor's head by Newport-market, in the year 46, about January: he was a very handy fellow.

Q. Had you a maid servant liv'd with you the time he did?

Clayton. Yes, sir, I had.

Q. What is her name?

Clayton. Her name was Joan Welch .

Q. What is become of her?

Clayton. I don't know, she quitted my service in the year 47.

Q. Have you a wife living?

Clayton. Yes, I have.

Q. Do you always lie at home?

Clayton. I never lay out of my house three nights since I kept shop, which is twenty eight years.

Q. Did the prisoner always lie at home when he lived with you?

Clayton. He never did lie out to my knowledge the time he lived with me. I am always up the last of my family, and take care of my house myself, lock the door and take the key up with me.

Q. Do you always go to see if your servants are in bed?

Clayton. If I don't, when I call them up they get up to do my business.

Q. Could not the prisoner have lain out of your house without your knowldge?

Clayton I am sure he could not.

Q. Do you now continue the custom of carrying the key up with you?

Clayton. I do, and always will, and did long before this servant came to live with me.

Q. What family had you besides a wife and maid at this time?

Clayton. I had a daughter and a son but he left me, and then I hired the prisoner.

James Payce I have known the prisoner five years, I then lived in High-street, St. Giles's: I dealt with Mr. Clayton, a butcher, in Hanover-yard, and the prisoner was the man that frequently brought my meat home. Clayton used to buy tea, and things of me, I know it was about Midsumer 46, I first knew him for that reason. I used to go to Sturbidge fair, and I had bought a parcel of snuff that was not good so I was going to Bristol fair; Mr. Clayton being a merry man I ask'd him to go with me; that fair begins the 25th of this instant, at that time the prisoner liv'd along with him. I went to Sturbridge fair about the fourth of September, coming back again about the 27th, for I went round to Bury and New-market, the prisoner told me he came from Norfolk, so I used to give him a dram and talk with him. I have a small estate in Northampton-shire, and another in Warwick-shire, and I have a little lordship in Buckingham-shire, I went to receive my rents, and would fain have taken the prisoner with me. When I came back, which was in about six weeks time, he was gone from his master.

Cross examined.

Q. What business do you follow?

Payce. I did keep a stocking-shop and tea-warehouse, and liv'd in High-street, St. Giles's. I live on my estate now.

Q. How long have you been acquainted with Clayton?

Payce. I have been acquainted with him these nine years.

Q. Would you have paid his expences if he had went with you?

Payce Yes, I would.

Q. Where does this estate of yours lie?

Payce. I hold an estate of 32 l. a year in Astrop-fields : I once paid my Lord chief justice Willis nine guineas, he is lord of the manor.

For the Crown.

John Royals . I have known the prisoner about five years. I remember I saw him the 13th or 14th of Feb. in the year 46, that is the latter end of the year 46. I have seen him at Horsey before then, both in the summer and winter at my house, there I am a farmer. I have been at the Beach with him.

Q. What month in the summer did you see him there?

Royals. I cannot say what month, he was backwards and forwards at my house among the gangs.

Cross examined.

Q. What trade is he of?

Royals. He was bound to a butcher.

Q. When does the year begin?

Royals. It begins at Lady-day?

Alice Royals . I live at Horsey in Norfolk, the last witness is my husband. I remember the prisoner being several times at my house in the year 1746. We had a great riot on the 10th of March in the town with one Bailey, who is since dead, and who was used very ill. I saw the prisoner there on the 10th and 11th of March, 1746. I have seen him several times, but cannot say particularly when. I saw him on the 13th of Feb. 1746, with a pretty large company; he was at our house then: and I also remember his coming in the summer before the act took place, which was in June, 1746.

Q. Have you seen him at your house between Michaelmas and the 13th of February?

A. Royals. I rather think I have than I have not. I can be positive of seeing him twice in the year 1746.

John Lacket . I saw the prisoner the 13th of February 1746, at Horsey. I saw him several times at Horsey the same year and other years; and I saw him also there between Michaelmas and the 13th of February, 1746.

Guilty .

Death .

Clayton and Payce committed to be tried next sessions for perjury. The prisoner had two other indictments against him for crimes of the like nature; the fact charged to be February 13, the other March 11, both in the 20th year of his present Majesty.

444. (M.) Thomas Catchpole was indicted for not surrendering himself according to the King's order in council. ||This was upon information of John Leader before Justice Kellet, that he was assembled with divers other persons, being aiding and assisting in the running and landing goods liable to pay duty, &c . In which information was that of John Carbald , otherwise Gissling Jack. See No. 202, in Sir Samuel Pennant 's mayoralty. Also Charles Gawen and Jack Doe, No. 211, 212, in the same mayoralty, to which the reader is referred, the facts being fully proved, and the several steps taken according to the act of parliament, the jury found the issues for the king .

Death .

445, 446, 447. (M.) Elizabeth Major , Joseph Bun , and Eleanor his wife , were indicted, the first for stealing one pewter pot, value 14 d. the property of Thomas Harris , and the other two for receiving it, knowing it to be stolen , Feb. 16 . ++

All three acquitted .

448. ( M.) Elizabeth Major was a second time indicted, with Mary Cartwright , widow, for stealing seven pewter pots, value 6 s. the goods of John Neale ; and Joseph and Elizabeth Bun a second time also, for receiving them, knowing them to be stolen, May 12 .

++ All four acquitted .

449. (M.) Samuel Lowe was indicted for stealing one flock bed, and two iron jacks , the goods of William Sallaway , May 13 .

++ Acquitted .

See No. 400 in last Sessions-paper.

450. (M.) Margaret wife of James Oliphant was indicted for stealing a silk handkerchief, value 2 s. the property of John Hastings , March 23 . ++

Acquitted .

451. (M.) Daniel Jurdan was indicted for forging a counterfeit will, purporting to be the last will and testament of Henrietta Cohuan , and publishing the same with intent to defraud , Nov. 24, 1749 . ++

The prisoner being a foreigner was, at his request, tried by a jury, part foreigners.

Peter Edwards . I am a clerk in the prerogative office; this in my hand appears to be a will of Henrietta Cohuan , otherwise Bozee. I cannot say who produced it. I received it from Mr. Thomas Raffles , record-keeper's clerk, who is the keeper of these wills.

Q. to Francis Delaclose . When did you first see this will or paper ?

Francis Delaclose . The first time I ever saw this paper was the very day I wrote it; Mrs. Cohuan was then living; I wrote it, and left it upon the table to be perus'd by the parties the 24th of Nov. 1749. I wrote it from a copy.

Q. Is not your name subscribed to it as a witness ?

Delaclose. It is.

Q. When did you subscribe your name to it?

Delaclose. It was the 6th or 7th of December Mr. Jurdan g ave it me, and said Mrs. Cohuan was dead, and that she had sign'd the same will. So I set my hand to it at his desire.

Q. Did you see her sign it?

Delaclose. No, I did not, my lord.

Q. Why did you then put your name to it?

Delaclose. Because I was drunk, I was wrong in that, but they plied me with wine, and every thing of that nature, in order to sign it.

Q. Where was you when you sign'd it?

Delaclose. At the prisoner's house, but I told him if there was any dispute in the commons I would never appear to swear to it. He said there would be no dispute there at all, as there are but a few houshold goods in the house.

Q. Who is the other subscribing witness?

Delaclose. His name is Thomas Morgan .

Q. Did you see him sign it?

Delaclose. No, sir, I did not. Jurdan told me he was a drover. Some time in November, 1749, Jurdan came to me and desired me to go to the Commons with him: we went to Mr. Holeman a proctor there, and left this will upon his table to be made use of in the Commons: Mr. Jurdan and Mr. Holeman went to the office, but what he swore I cannot tell; they left me in the room till they came back again.

Q. What did he say when he delivered it to Mr. Holeman?

Delaclose. He said it was the will of Henrietta Cohuan .

Cross examined.

Q. Did he speak in French or English to Mr. Holeman?

Delaclose. In English.

Q. How came your name to stand above Morgan's name, when you say his name was sign'd first?

Delaclose. There was room enough, and I was drunk.

Q. If you was drunk, how came you to remember your name was above?

Delaclose. I did not remember it till I saw the will.

Q. Was Henrietta Cohuan living the 24th of November?

Delaclose. She was, for she died a day or two before the 6th or 7th of December, as the prisoner told me.

David Richards . I am clerk to Mr. Holeman, the proctor; this will was in Mr. Holeman's hands. Mr. Jurdan came there one day for an administration of this woman as a creditor without a will; I ask'd him if he knew any next a-kin? He said there were some relations. Then Mr. Holeman advised him to enter a caveat which was entered the 7th of December, 1749. I was by. He came again about a week after along with Delaclose, the witness to the will. Delaclose pull'd this will out of his pocket, and said it was the last will of Mrs. Cohuan. The prisoner did not say any thing about it, Delaclose speaking every thing for Jurdan. The prisoner could not speak English, so it was to be proved in Jurdan's name; he is the sole executer named in it; Delaclose said he wrote the will with his own hand, and had had it in his possession ever since the death of the woman.

Acquitted .

452. (L.) Charles Troop was indicted for the murder of George Bartholomew , June 13 . He stood charged on the coroner's inquisition for manslaughter. ||

Jane Bartholomew . On the 13th of June my husband was brought home in a coach, and never spoke after; he was put to bed, and there died between four and five the next morning. He was bruised in every part from head to foot, not a place in him was free, his private parts also; he was as black as a negro. He was robb'd also, for he carried out five 36 s. pieces, and five guineas, and he had but half a crown and 5 s. 6 d. in his fob when he was brought home, and the other has not been heard of since.

Thomas Prince . On the 13th of June I and the deceased met together, and went to the other end of the town in Long-acre. He paid a young man there 12 or 13 s. then we went to the Crown alehouse in Compton-street . He and one Harry Bond had some words. I went out and staid about a quarter of an hour, and when I came in again they were at high words. Mr. Troop took a shilling out of his pocket and insisted upon fighting for it, but it was some time before the deceased would take notice of it; at last he covered it with another, and went out to fight. One George Smith took the money up, and we went into the fields. There were eight people or upwards against him and I. The deceased and the prisoner fought, fair boxing, what we call so, about twenty minutes : the deceased fell on his side, and before I could get him up all the company turned to the right hand and left us to ourselves. There were two men to assist me in carrying him to the White Hart in Windmill-street, Tottenham-court Road, where he never spoke above a word or two, which was to ask us to carry him to the vault, which we did, but brought him back as he went. I got a coach and put him in it, but he never spoke a word afterwards. I myself was used very ill, and suffered as much as he, save losing my life. I lay senseless on the ground some time, I believe five or six minutes.

Q. What was your business in that house?

Prince. We went there thinking to see some of my old shopmates.

John Doller . I am betwixt sixteen and seventeen years of age. I saw a mob, and went up to them, where I saw the deceased and prisoner fighting. I saw blows on both sides, but no desperate ones on either, and several falls. I saw the deceased lie down and shake hands with the prisoner after the battle was over.

Q. Did they both fall?

Doller. They did both in their turns.

Q. Did you see the deceased fall the last time?

Doller. No, I did not, my lord; I went with the deceased to the White Hart, and help'd to wash his face, it being all over blood. I heard him ask to go to the vault, which was all he said. I went for the coach, and Mr. Prince desired me to go in the coach with him home, which I did, but he did not speak all the way.

Thomas Bugden . On the 13th of June I was at my work in Marybon-fields. I saw two men going to fight, they were all strangers to me but our own fellow workmen. I saw the two shake hands twice before they went to it; they fought about twenty five minutes. I had not an opportunity of seeing the whole of it, but I saw two falls, once the prisoner fell upon the deceased with his knee in his guts, which the company cry'd out shame on; but they fought a long time after that.

Thomas Tipping . I am a surgeon. I saw the deceased the night he came home. I inspected the body after he was dead, and found a puncture on the right scrotum. I open'd his body by the desire of the jury, but did not open his skull; the parts of the body were all found and well, only putrified by the extravasated blood. There were some external bruises, but none but the fracture had gone far in: there was a large contusion on the scrotum; his head was contus'd violently, and there were two great wounds upon it. I imagine the fracture was owing to the fall, as it seem'd to be done by the round end of a stone about the breadth of a shilling, which fracture I look upon to be the cause of his death.

Prisoner's Defence.

The first of the engagement was at the King's Head, the deceased and Prince came into company both very much disguised in liquor; they called for six pennyworth of rumbo; the people let them have it; then they called for another; they would not let them have any more; then they called for a pot of beer ; I offered to go away, they both insisted on my staying; Prince lent the deceased two shillings; the deceased said afterwards he had not got it; words ensuing, they threw the beer about the house; then the deceased gave him half a crown, Prince gave him sixpence out of it; then the deceased fell upon me about this money I saw him borrow, and said I ought to be beat, and he would lick me; then Prince went to the door about three minutes and returned again; then the deceased pulled out a crown, and said he'd fight me for it; then he took a handful of silver and threw it upon the table, and said he'd fight me for it to a shilling; then I said I'd fight for only a dozen of beer, so we went to fight for that shilling; George Smith held the money.

George Smith . I and three more were at the King's Head; we were on one side the house, and Prince, the prisoner, and the deceased on the other; they had some words so as to come to fighting, I cannot tell what about; we begged they would be easy and not fight; they continued wrangling some time; at last they were to fight for a dozen of beer, the money was put down, I took it up; they wanted to fight in the house, the people desired them to be quiet; then they agreed to go and fight in the field; they went and many with them, there they stripped and shook hands (they had both shook hands several times in the publick house before, and declared no animosity ) a lemon was bought and divided, and each of them had half to suck before they began; I took up the deceased's clothes, and called out for a friend of mine to take care of the other's; they fought as near as I can guess about half an hour; a great many falls they had on both sides, sometimes one uppermost, sometimes the other; they both received blows, but the falls were a great deal worse than the blows, after the battle was over the deceased lay along on the ground; I lifted him up, he desired me to let him alone; I helped to put on his shirt and waistcoat; Prince came up and said, take care of your friend; then I came to my company and went back to the house where it first began; there I delivered up the two shillings, and the prisoner spent one of them. Charles Lucas confirmed the last evidence with this addition, the two men were so drunk, that as they went to strike at each other they missed their blows, and sometimes pitched on their heads or fell any way; and Thomas Prince , in assisting his friend, got one eye almost knocked out, and there were so many strangers came about that he and others were afraid to go high almost.

John Beard confirmed the above account with this addition (that they had three set-to's while fighting)

James Simpson . I was in the field before the deceased was stripped, I saw them shake hands, they seemed to make a stagger back; said the other, let us shake hands again, they did; then they set too, very drunk; after they had fought a minute, or a minute and half, one of them lay down, he was taken up and set too, they fought the space of another minute, then there was another fall; there came a parcel of fellows from making bricks, I believe there were 20 of them, and said, you will not leave yet; the prisoner seemed sick one time and lay down, these people by main strength got them up again and set them too like two cocks, and made people afraid to attempt to part them; I don't think any blow that was struck could cause any contusion or fracture.

Charles Colwell . I was the first that came into the field; I gathered the loose bricks that lay about and threw them at a distance, and cleared a place to fight in; the ground was dry and prodigious hard; when they first engaged the prisoner made a blow at the deceased, and retired I believe near ten or twelve yards, staggered and fell; the deceased followed him up and waited for his getting up again; my opinion is that by this means they might get amongst more brickbats, and by the fall he might receive his damage.

Guilty of manslaughter .

[Branding. See summary.]

453. (L.) Benten Davis , was indicted for stealing four shillings in money numbered , the money of Richard Vwines , June 22 . +

Richard Vwines . I am an apothecary and live in Fore-street ; I had great reason to suspect the prisoner, who was my journeyman , of robbing me of my medicines, and likewise my money drawer; on the 22d of June I went out and left sixpence and sixpennyworth of halfpence for change in the drawer; I sent a porter with five shillings and six-pence, all marked, I saw the gentleman mark them with intent to catch him; I ordered some medicines in a note which came to five shillings, for which he took of the porter four shillings and threepence; he told the porter he had taken a shop in Chiswell-street, and should be glad to serve him another time; then I went home and found sixpence and seven pennyworth of halfpence in the drawer; the four shillings not being in the drawer I sent for a constable and desired he might be searched in his breeches pocket; we found 13 l. 10 s. 7 d. 11 guineas of it in gold and 43 s. 7 d. out of the silver we took the four shillings that were marked; the prisoner acknowledged he had taken the four shillings from me; the porter has the medicines now; asking him how he could wrong me so, and if that or some of that money was not mine; he acknowledged he might have wrong'd me of four guineas; after that he acknowledged he believed he had of six; by and by he said of eight guineas; then I said, have you not wronged me of the whole 13 l. 10 s. 7 d. he said yes, he believed he had, and desired I would take it in part of what he had robbed me of; I asked him what was his motive from time to time to rob me thus; he said he had robbed me from to time to set himself up, and that he had sent medicines to a great many of my patients when I was sent for, and never charged them in the book; there was another person that paid 1 s. 6 d. about four hours before, which he never put in.

Court. This indictment will not stand to convict the prisoner, but you have a proper action against him at law.

Acquitted .

454. (L.) John Mills and James Carter , were indicted for stealing one tortoiseshell snuff-box with a silver rim, value 5 s. one silver watch, value 3 l. the goods of Jonathan Ely , secretly from his person .

June 16 . +

John Ely . My father and I had been at Chiswell street; on Sunday was fortnight coming back in Clement's-lane , near the bottom, my father kick'd his foot against something, being a heavy man, and endeavouring to recover himself he fell with his head against a cellar window, it made a wound on his head, and he was as it were struck dead; I called out help; there were two men stood at the opposite corner who came and laid hold of his arms; and endeavoured to lift him up (I cannot swear either of the prisoners were they) the watchmen came; they laid hold of my father's arms; these other two men got hold of his thighs, and brought him down the lane; in coming, one of the men put off his coat and laid it down for to rest my father on; after they had rested some time, they took him up and brought him home; he was put in a chair; then our people looked at his breeches, being unbuttoned we missed his watch, we missed his snuff-box out of his pocket also; the two strangers were gone as soon as we got him to the door; on the Monday following Mr. Balendine and Mr. Collet came and asked if my father had been robbed of any thing; we said of a watch and tortoise shell snuff-box: the next day we were sent for before the sitting alderman; the two prisoners were there.

George Balendine . The prisoner (Carter) came to me and asked me if I would buy a watch, saying, he had found one; he asked 4 l. for it; then the other prisoner said he had found a snuff-box. The watch produced in court and deposed to by the prosecutor, saying, it was made for him by Mr. Fen in Newgate street.

Collet and the snuff-box were not in court, but the prosecutor deposed he had seen the box, and deposed it was his.

Mills, in his defence, acknowledged he and Carter were the two persons that assisted in carrying the prosecutor home, and that they had carried him to his house; going back he picked up the watch, and not far from the place where the gentleman fell he picked up the snuff-box near a post.

William Coulton and Jane Wright deposed, the first had known Mills five years, the other twelve, and never knew any ill of him.

Both acquitted .

455. (M.) Richard Holland and Daniel Thoroughgood , otherwise Dann the baker , were indicted, that they, on the king's highway, on Henry Debins did make an assault, putting him in corporal fear and danger of his life, one metal watch, value 30 s. one pocket book and leather case, one piece of silver coin, value 6 d. and 5 s. in money numbered, from his person did steal , &c.

June 11 . +

Henry Debins . On Tuesday the 11th of June, a little after twelve at night. I was stopped in Prince's-street over-against Gerard-street by two men, one of them put a pistol to my breast, and said, if I spoke a word I was a dead man; then they rifled my pockets of a metal watch, some silver, a pocket-piece, a little pocket-book with some notes in it, the book was in a letter-case, and a handkerchief; I could not distinguish the persons so as to know them; either they or I myself held my hat over my face; I was much affrighted.

Mark Chailes . On the 11th of June the rejoycing-day, Dann the baker came and asked me if I would go upon the scamp with him.

Q. Where was this?

Chailes. This was opposite the Fox in Drury-lane; he brought me a little lower down the lane; I said I had no arms. Holland and his wife were there, and she gave Holland a pistol which she took out of her bosom, and gave Dann the baker a hanger.

Q. What time of the day was this?

Chailes. This was about eight o'clock at night. Holland said he heard there was to be a masquerade at Marybon-gardens that night, and was in a hurry, saying we should have no chance; he made us run almost all the way, and said, that those who did not go home now, would stay all night. We met with nothing going thither; on coming back again he brought us a new way in the fields, where we heard people talking: we met a man with a lanthorn, who said he was prepar'd for us, so we did not attack him.

Q. What time was this?

Chailes. I guess it was betwixt ten and eleven o'clock. Then Holland said, we can do nothing in London streets till between twelve and one. We heard the clock strike one as we were coming down Tyburn-road, where we stop'd a gentleman, and desired him to deliver; he said, he had no money but his ring.

Q. Where abouts in Tyburn-road was this?

Chailes. It was about half way from St. Giles's pound to the gallows. Then we went on farther and came to Prince's-street, hard by Leicester-fields, and met a gentleman there; Holland was the first man, and I went last; I cannot rightly swear to his face, but I believe the prosecutor to be the man. Holland desir'd him to stand, saying, if he made any noise he would blow his brains out, and put a pistol to him; the gentleman never spoke a word. Then Dan the baker, and Holland ran to his pockets, the baker handed to me the pocket-book behind him, and I put it into my pocket; there were a case and some notes in it, but I did not examine them at that time. I stood behind Holland's back, and what they gave me I took; they gave me no money. Going to Grosvenor-square Holland said he had got but 6 s. 6 d. and gave me 2 s. for my share; he also gave Thorowgood 2 s. There was a pocket-piece which we took to be gold, and went to a stone at a gentleman's door and rubb'd it. Holland said to me, keep the pocket-book till To-morrow when we go out again, and I'll keep this, when we will share it. The piece was not so large as a shilling, for we compared them together, and one side of it was a little like that of a guinea.

Q. to P rosecutor. Had you such a piece about you?

Prosecutor. I had a piece of foreign coin about me, it was silver.

Chailes. After we had divided the money we walk'd about the streets till day-light, when Holland said we had better go home, which we did, but were to meet next day in Drury-lane. Dann and I went together, and we were to give an account whether there were any bank notes in the pocket-book. Dann told me he'd get me a lodging, so we went to Newtoner's lane, and knock'd up the people of a house, and a woman came down and let me in, but would have the money before-hand, so we gave her 3 d. each, and got a candle. Dann ask'd me for the pocket-book, which when we open'd we found a letter, this he burnt, and there was a note which he did not burn; there were two pieces of sealing-wax also, red and black, he kept the red and gave me the black, and I kept the pocket-book. The next morning when we went down stairs he wanted to ease himself, so he tore the note in two and used half of it; I wanting to do the same he gave me the other half, which I kept. Then we went to Clare-market, and got a kidney and sweetbreads, and in Drury-lane I happen'd to meet with Tom Pendigrast , who said, what the Devil did you go out last night with Holland, he will hang you, he made himself an evidence once before? See No. 19, in last Kingston-assize paper. This made me so afraid that I went directly to one Mr. Stanley, and told him I had been out the night before with Holland and Dan the baker.

Q. What was the reason you went and told this?

Chailes. Because I was afraid I would be hang'd, so I told Stanley they were to meet me in Drury-lane that night.

Q. Where does Stanley live?

Chailes. He lives in Rosemary-lane; he and two or three more went and took them in the place where we were to meet.

Q. from Holland. Can that evidence produce any body that ever saw me in his company?

Chailes. Dann the baker brought me into his company, I never was in his company before.

Q. How long have you known Dann the baker?

Chailes. I have known him two months, and have drank with him at the Crown in Russel-street three or four times : he used to serve my uncle with bread, who keeps a cook's shop in St. Giles's. I have also drank with him at the Fox in Drury-lane.

Thomas Stanley . About the 12th of last June the evidence, Chailes, came to my house: he sent up stairs for me, and when I came down he told me he had a thing to reveal to me, hoping I would be of service to him; upon this he put his hand in his pocket and pull'd out this pocket-book, and said, the night before he had been in company with Holland and Dan the baker, and they had robb'd a gentleman near Piccadilly of that book, a silver medal, and some small trifle of silver; saying he was told by one Pendigrast, that this Holland had made himself an evidence against some people he had been concern'd with before, and had hang'd them, and therefore he wanted to know of me how he could make himself a clear man, and get shut of such people, saying, he was told they were men that would hang any body. He showed me part of the note belonging to the gentleman he said they robb'd, and if I could get Holland I should find the piece of money in his pocket if he had not made away with it; he also told me Dan the baker and he went to a house in Newtoner's lane, and that Dan had torn the notes left they should come in evidence against them, and that he pick'd up the piece of a note. Then I told him the only way was to apply to a justice of peace, and give evidence in regard to what he had seen committed. Then he said he had parted that night in Leicester-fields, and they were to meet at the Fox in Drury-lane at 11 o'clock. Accordingly I went, in company with Mitchel, Harris, and Penprise, and at the door we took them both, in company with some idle huffies, a little in liquor, and we brought them down to my house, at the ship in Rosemary-lane, where Penprise pull'd a silver medal out of Holland's pocket; and we search'd Thorowgood also, but found nothing upon him. When Thorowgood saw the pocket-book at my house, and I said here is the robbery quite plain, he said, I will go to justice of peace and make myself an evidence. He owned the fact, saying, he was along with Holland. Said Holland, hold your tongue, you'll do yourself no good. Holland, cursing and swearing, said, he could never be hang'd above once.

Holland. When we were carried before the justice the evidence swore the pocket piece was taken out of his own pocket.

Chailes. I did not, my information will tell to the contrary.

Q. to Stanley. Did Chailes own before the justice it was taken out of his own pocket?

Stanley. No, my lord, he did not. I was sworn before the justice, and I saw Penprise take it out of Holland's pocket.

James Penprise . I have known Holland about a year. I was at Mr. Stanley's house when the evidence came there, and went with Stanley to the Fox in Drury-lane in order to take the two men; about eleven at night we took them, and carried them to Stanley's house, where, on searching them, I found this piece in Holland's pocket, and have had it in my custody ever since. They searched Thorowgood in another room, so I don't know what they found upon him. The pocket piece or medal, as it was called, produced in court.

Q. to Prosecutor. Is this your property?

Prosecutor. I had such a piece of money as this in my pocket; but as it is a coin, there may be such another. It is like mine. It is, I believe, a Hungarian piece.

Nathaniel Harris . I was at the taking the prisoners on the 12th of June at the Fox in Drury-lane. Dan the baker confess'd the fact, and desired to be made an evidence, provided he could go before the justice first of all. When he found Chailes was carried out to be made an evidence, he cried, I am a dead man, and if he is gone it does not signify any thing to carry me. Holland, at that time, said he was sick before the justice of peace; but he appear'd well and hearty, and swore at a prodigious rate.

Holland's Defence.

I can give proof where I was at this time.

Thorowgood's Defence.

I am as innocent as the child unborn.

For Holland.

Mary Brown . When Holland first came out of goal he came directly to my mother's house.

Q. When did he come out of goal?

M. Brown. It was about April towards the latter end: after that he fell sick, and while he was sick he never went out of our house but one night, and that was when he was taken.

Q. How long did he continue sick?

M. Brown. About ten days.

John Brianey . When the prisoner was discharged from this court he came to my habitation, he was taken ill there, and never was out of my house till he was taken.

Q. Do you know this Mary Brown ?

Brianey. She is my daughter.

Q. How long had he been out of your house when he was taken?

Brianey. He had not then been gone out above half or threequarters of an hour, he went out half an hour after eight o'clock. He was ill about nine or ten days.

Q. Was that the only reason he never went out?

Brianey. He kept in the house because he was low in habit, he had no shoes or stockings.

Q. Had he been ill?

Brianey. He had been so ill that I did not think he could recover it. I was at home every night, and so was Holland, he lay with two of my children.

Q. to the prosecutor. How did Holland look when you saw him?

Prosecutor. He was taken the 12th, and I saw him the Saturday following at the Justice's; he then appear'd to be in a good state of health.

Alice Brianey . Holland came out of Newgate the latter end of April to my house, and he never went out of it till the day he was taken. He had no shoes, so I went and got him a pair of shoes a day or two before.

Tracy Avey . I live in the same house where Holland did, I never saw him out of the house till the day he was taken.

Both guilty .

Death .

456. ( M.) Nathaniel Wilks , was indicted for that he, on the 28th of April , about the hour of one in the night, the dwelling-house of Charles Halsey did break and enter, and steal out from thence eight pewter dishes, value 12 s. one saw, six petticoats, one pair of slays, the goods of the said Charles, in his dwelling-house . *

Charles Halsey. I live over against Bloomsbury market in Holborn . My house was broke open the 29th of April, between twelve and one o'clock in the morning. My door and window-shutter were fastened over night, and the watchman call'd me up about one. I unlock'd an inward door and went into the room where my children are undressed to go to bed, there I missed eight pewter dishes from off the shelf, and my childrens things, gowns, petticoats, and stays; I have six children and all their things were gone. The window-shutter was broke, and the watchman had stop'd the prisoner and brought all the things in again.

Thomas Cullen . I was coming up Holbourn and I met Dodwell, an acquaintance of mine, the 28th of April last, he was executed at Tyburn among the last, there was another man along with him. Dodwell ask'd me, where I was going, and desir'd me to go with him. He stop'd at a door and desir'd me to stay there, so he and the other man went into a long entry.

Q. Who was the other man?

Cullen. I believe it was the prisoner at the bar, I never saw him before. They both came out again, Dodwell struck a light and had a dark lanthorn in his pocket: then Dodwell desir'd the man to stand at the door, and he and I went up the entry and he went in at a window: he handed out to me several things, some pewter dishes, some wearing apparel, and one saw; I put them down by the window, and handed some of them to the other man, but the watchman came and prevented us from taking them away.

Cross examined.

Q. Did not you give evidence here before?

Cullen. I did against Dodwell and Talbot, and I made information against one Natt, for Dodwell call'd him Natt that night.

Q. Did any body give information before you did?

Cullen. There were two did.

John Yorkshall . I am a watchman, and was calling the hour, one o'clock. I push'd against this door and found it was held against me, so I push'd against it again and found three men, but I know none of them. I found the goods there, the three men walk'd over them and went away.

Prisoner's Defence.

I never saw Cullen, the evidence, in my life before.

To his character.

Bridget More . I have known the prisoner two or three years, I never heard any thing ill of him.

Eleanor Nugent . I have known the prisoner upwards of two years, he is a very honest man, I never heard he was charg'd with any crime before.

Acquitted .

457. (M.) Ann Cook , spinster, was indicted for stealing two linen caps, value 10 d. two linen petticoats, value 10 d. the goods of John Shepherdson , June 5 .

The prosecutor not appearing she was acquitted .

458. (M.) Benj. Woodcock , was indicted for that he, in a certain open place near the king's highway, on Thomas Kirk did make an assault, putting him in corporal fear and danger of his life, one silver sleeve button, value 6 d. one pair of scissars, value 6 d. and 2 s. 6 d. in money number'd, from his person did steal, &c .

July 2 . *

Thomas Kirk. I was coming from Doctors-commons, and met the prisoner before I got quite to the new church in the Strand, between the hours of one and two last Tuesday morning. There were two women of the town passing their joaks as I went by, I said, I would charge the watch with them; then the prisoner said, he would assist me to secure them: as I did not secure them the prisoner said, I ought to give him something to drink in gratuity: then I said, I would make him drink, but we could not see a publickhouse open. We saw some pease-scop, and he said, he lik'd that better than drink, so we went in, he had some and I paid for it. Then we went on, and when he was in an alley near Horseshoe-alley , he ask'd me, what money I had about me; I told him very little; he insisted upon knowing how much it was. I took 2 s. 6 d. out of my pocket, he insisted upon having it, then d - d me, took it out of my hand, and insisted upon knowing if I had any more. I once had been attack'd in the street, and as I go home late I always carry a loaded pistol in my pocket, (he had before secretly taken that out of my pocket) I went to seel for it, but he took it out of his own pocket and shewed it to me.

Q. Had you mentioned that to him before?

Kirk. I had said, if I should meet any body that had a mind to rob me, I would shoot them before I would be robb'd. He went away with my half crown, a pair of scissers, one pair of silver buttons, and my pistol.

Q. Did you give him the scissers ?

Kirk. He put his hand into my pocket and took them out: He took out a pen-knife and a key, which he returned me upon my asking for them.

John Virtue . The prosecutor came to me in the morning, and said, he had been robb'd between one and two o'clock: we set out between ten and eleven at night, he saw the prisoner, and said, that was the man, and I took him.

Prisoner's Defence.

I never saw the prosecutor in my life before.

Prosecutor. The prisoner when we took him first of all spoke to me, and I said, I should have a friend with me at such a time that would have a charge of money about him, and if he robb'd him he should give me half (this I said to have an opportunity to take him) he appointed a place for me to meet him on that account at ten o'clock.

Acquitted .

459. (M.) Thomas Masterson and John Tompson , otherwise Garret Lawler , were indicted for that they, on the king's highway, on William Couty did make an assault, putting him in bodily fear, and stealing from him one hat, value 4 s. one perriwig, value 10 s.

May 26 . ||

William Couty . I keep a cabinet shop , my house joins to Somerset-house in the Strand ; between twelve and one in the morning of the 26th of May, as I was within three doors of my own house I was attacked in a most violent manner by the two prisoners with another person; Lawler was the person that stopped me, he sprang in before me just to my very face; I remember his face well, I gave a spring from him, and at that time I saw the other prisoner's face, which I well remember, with their cutlasses and weapons; they cut me in four or five places, in three places on my right hand, and my breast and several places; I was down I do not know how often; one of their hangers went thro' both the crown and the rim of my hat. (Produce in court, and examined by the jury.) The hat I found after they left me; I called out, watch, watch, murder, very loud.

Q. What did they say to you?

Couty. I don't remember any distinct word they said to me; I know not how I came by my wig again ; I went home with my hat and wig too; it was a moon-light night, and two great lamps just by me, that I was able to distinguish the very men; five watchmen came after they were all gone away ; but before they came, a sentinel, who stood at Somerset-house gate, who I believe saved my life, pursued them with his bayonet fixed.

Q. Did not you go to the Gatehouse, and there had some difficulty to know the men?

Couty. I made so little difficulty I knew them at the first sight, and I believe I could know the third person; he dogged me from Serjeants Inn to the Change not three weeks ago. I saw the advertisement of Justice Lediard within two or three days after this, so I went by myself to the Gatehouse; the man that keeps the Gatehouse shewed me a great many; said I, can you shew me no more? then he shewed me into a little room, there Masterson sat in one corner; I was satisfied in my conscience he was one of the men; after that I saw the other (Lawler) and was satisfied about him; then I went to Justice Lediard and described them, and his Worship was satisfied I knew them; he desired me to take his clerk with me another time, and see if I could point them out to him, which I did.

John Holmes . On Saturday between the 25th and 26th of May I was sentinel at Somerset-house gates, from about the hour of ten till five in the morning, with my firelock on my shoulder; betwixt the hours of twelve and one I heard a call of watch; I went into the road, and stood to hear if I could find it out; after I had gone about ten yards I saw the two prisoners laying abominable blows on the gentleman, as I went towards them the gentleman called, murder; I said, here is assistance coming; I saw Lawler with a hat in his hand, he held another on his head at that time; I saw Masterson, he also had a hat on at that time; Masterson ran down the Strand, I turned him twice there; then he ran up Catharine-street; I having my gun in my hand and all my accoutrements about me they prevented my taking him, and I knew the consequence might have been bad had I left them behind me.

Q. Did you see them after this?

Holmes Yes, my lord, I saw them at the Justice's in Westminster about a week after this thing happened; I described Masterson by his coat before I saw him there; I described the hat also before I came to the Justice, saying, it was a well-cocked up hat, which one had in his hand, and I described Lawler's person.

Q. In what manner did they use the prosecutor?

Holmes. They dealt multitudes of very violent blows upon him.

Q. With what sort of instruments?

Holmes. I saw a stick in Masterson's hand when I ran after him, and by the light saw something glitter before I came to him, but whether it was a sharp weapon I cannot tell.

Q. How far was Lawler from the prosecutor when you saw him with the hat in his hand?

Holmes. He was about three yards from him.

Q. Did you see any other besides the two prisoners?

Holmes. I saw none but the two prisoners and the gentleman lying on the ground.

Q. What became of this hat?

Holmes. When I came back the gentleman had it in his hand, and his knuckles all over bloody.

Q. to the prosecutor. Where did you find your hat?

Prosecutor. I found it about eight yards towards Somerset-house from where they knocked me down.

Cross examined.

Q. How did you describe Lawler?

Holmes. I said he appeared to be a shorter man and fresher coloured than Masterson; I said the person I chased was in a dark coloured waistcoat and stockings, and Lawler had a blue grey coat.

Q. Which way was Lawler's face when you observed him?

Holmes. When I saw the hat in his hand his face was towards me, and I said before the Justice, I had rather a greater view of Lawler's face than the other's.

Q. Did not you say you did not know the other witnesses ?

Holmes. No, sir, I did not say so.

To shew how they were armed, and in what manner taken.

John Lee. I am a watchman; on May 28, between 12 and 1 in the morning, in a court near the prince of Wales's gate, I was attacked by two men, one passed by me, the other, which was Masterson, made a chop at me; I pursued him; he went down Little St. Martin's lane and flung his weapon away; before one o'clock I took him; his weapon was taken up by another watchman.

Q. Did you see him fling it away?

Lee. No, Sir, I did not. This evidence shewed a cut on the right side of his head, which he received by the chop.

Jos. Holmes. On the 28th of May at night, I was upon my duty as constable of St. Anne's parish, between twelve and one o'clock, going round the back part of St. Anne's church I heard an outcry by the end of Knaves Acre, several people crying out, stop thief; I turned up King-street, and three men rushed by my clothes; I followed them down Gerard-street, I went down Newport-alley, and took a watchman along with me; I turned into Cranbourn-alley, and in a passage there I saw three men run into the entrance that leads to the prince of Wales's back gate, I called, stop thief, and pursued them; one of them was down seemingly on one knee, I fell upon him, and called to two sentinels at the gate to come and assist me; I unbuttoned the prisoner's coat (it was Lawler) and took out this hanger, it was in a scabbard, I took him to the watch-house, and in a little time they brought in Masterson.

William Anderson . I was going my rounds a little after twelve on Tuesday morning, I heard by many different voices the cry stop thief, I turned about, and in a little time I saw Masterson come running, I did not observe he had a hanger; I ran into the kennel and called to him to stop; he then flourished his hanger over his head as he ran, and made a stroke at me; I defended it with my stick; he went to Little St. Martin's-lane; I was obliged to call, watch; he went in open defiance to all that came near him; when I came up to him there, James Fergard had him by the coat behind; I said to Masterson, where is your hanger? he said he had none; the hanger was found in a gateway near the place; we took him to the watch-house; the soldiers after this came and brought in a pistol, one of the hangers was shown in the watch-house about an inch and half deep from the point in blood.

James Fergard . I live in Little St. Martin's-lane; between the hours of twelve and one I heard the cry, stop thief; I opened the door, somebody said, there he goes, stop him; I jumped across the way and stopped Masterson about ten yards from the place where the hanger was found.

Richard Barrington . I was sentinel at Leicester-house; about the hour of twelve at night I heard the cry, stop thief, the first man that passed me was Masterson with a cutlass in his hand; he made a blow at my comrade, I thought I heard somewhat fall; the next man that came was Lawler, I seized him by the collar; I had immediate assistance; the prisoner had a hanger by his side in a scabbard; (he produced a pocket pistol;) I found this pistol on the spot where Masterson made a blow at my comrade, loaded and primed.

George Manley . I was sentinel at the prince's back gates, I heard alarm and went out; Masterson came by with a cutlass flourishing it over his head, he made a blow at me; at the same time something dropped from him; after him came Lawler; my comrade and I seized him, we found a cutlass betwixt his two waistcoats; I asked him what he carried that for? he said for his own safety.

Lawler's Defence.

Here is the copy of my detainer, it is for stopping my prosecutor with an intent to rob him ( holding it in his hand;) now he has preferred a bill against us for a robbery; he said, he never heard us speak a word, but he believed when we struck him it was with an intent to rob him.

Masterson's Defence.

I heard him say the same before the justice.

Lawler. I desire justice Lediard may be sworn and examined.

Justice Lediard. Mr. Couty said before me, he was used in the manner he has describ'd, that he had lost his hat and wig, but he could not take upon himself to say, they had taken them from him, for he found them after the scuffle was over. The soldier went farther, he said, he knew Masterson extremely well, for that he had turn'd him two or three times: as to Lawler he was not quite so positive, but said, he was pretty certain he was one of them, and that he saw a hat in one of their hands; that he saw but two; and added, he believed the other might be run away.

John Diamond . I am turnkey at the gate-house: Two or three days after the prisoners were committed, the prosecutor came and ask'd for three prisoners that Justice Lediard had committed; I said, there were not three persons committed for one thing in the goal, but said, he should see all the prisoners we had got; I shew'd him all, but he did not know either a one in particular, this was on the master's side; then he ask'd me, where are the three men? wanting me to show him the particular men; I said, he had seen them among the rest; they had stood all round, and he was within the door. Then he went back to Justice Lediard and brought his clerk, so I shew'd him them again, and the clerk whisper'd to him; and after that he said, now I know them; I ask'd him whether he was rob'd, he said no, he was assaulted, not rob'd, and shew'd me the cut in his hat.

Q. to the prosecutor. Give us an account of this affair when you went to the Gate-house.

Prosecutor. I went to the Gate-house, and this very man shew'd me a great many prisoners, in a place going on the right side of the goal, but I saw none that I wanted; then said I, can't you shew me them that were brought in from Justice Lediard's? he said, that will not do (I then knew no better) then said I, can't you shew me more prisoners? so he shew'd me some more on the left hand side, there I saw the two prisoners, and my concience told me they were two of the men; I went to Justice Lediard's and acquainted him, that I had found out two of the men who had almost murder'd me.

Justice Lediard. Mr. Couty came and said, they had shew'd him some of the prisoners, but refused to shew him all; but at last, said he, I saw two men, and describ'd their persons right; then said I, these are the two prisoners committed by me, so I sent my clerk with him; this Diamond, who is one of the turnkeys, I believe the jury will give but little heed to what he says, for the positively denied he had ever seen the prisoners in his life before, and I have been well inform'd they have been very frequently there before.

For Lawler.

Ann Lewis . I know Thompson, he lodged with me: on the 25th of May, being Whitson-Eve, he came home between eight and nine o'clock, I let him in, and he supp'd in the kitchin. We staid there till between eleven and twelve o'clock, then the maid lighted him up to bed, and I am very sure he could not get out of the house, for I had the key of the door with me.

Q. How long had he lodged at your house?

A. Lewis. About three weeks, my lord.

Q. What day of the week was this?

A. Lewis. It was on a Saturday.

Q. By what do you recollect the day, to be so certain?

A. Lewis. I buried my child that day, (I had lain in just a month.) and I paid for the coffin and shroud that day, and have the receipt by me, that is the reason I remember it.

Q. Where was your child buried?

A. Lewis. It was buried in St. Ann's parish : I have another child lies there.

Q. Have you got that receipt here?

A. Lewis. No, my lord, I have not. I also know the day by having a prisoner then in my house, in a lockt up room, and I have the writ by which he was arrested. My husband is an officer.

Mary Clark. I live servant with Mrs. Lewis: Lawler had lodged there about three weeks, or a month, before this thing happen'd. On the 25th of May, between eight and nine o'clock at night, he knock'd at the door, so my mistress got up and let him in; he went into the kitchin and sat down to supper; about eleven o'clock my mistress call'd to me to give him a candle to go up to bed, then I gave him one and he went up stairs.

Q. Did you go up with him?

M. Clark. No, I did not, I saw him go up: Between eight and nine o'clock the next day he got up and came down stairs, and I know he could not get out, because my mistress takes the key up with her.

Q. Who was up first that morning?

M. Clark. I was up first.

Q. Were the doors all fast?

M. Clark. They were all very safe lock'd, my mistress had the key of the street door in her own chamber.

Q. Do you remember any thing remarkable in the family to cause you to be so certain of the day?

M. Cark. There was nothing remarkable to my knowledge, to put me in mind of the day.

Q. Was there nothing remarkable?

M. Clark. Not as I know of.

Q. Was not Mrs. Lewis's child dead?

M. Clark. Yes, sir.

Q. When was that buried?

M. Clark. I don't know whether it was buried the Whitson-eve, or the day before.

Q. How old was that child?

M. Clark. It was about three months old.

Q. Did you live with her when she lay in?

M. Clark. I did not, sir: I have liv'd with her about five weeks in all.

Q. to Mrs. Lewis. How old was your child that died?

A. Lewis. It was between two and three months old.

Q. to M. Clark. Who was in the house besides your mistress, you, and the prisoner?

M. Clark. There was a mantua-maker, and a prisoner.

Jury. My lord, we would be very willing to pay the expence of a messenger to go and search the register-book of that parish, to be better satisfied about it.

Q. to A. Lewis. What is your husband's name, and the child's name that was buried on Whitson-eve ?

Ann Lewis . My husband's name is Martin, and the child's name was Mary.

A marshal's man was sent with proper instructions to search the books.

Mary Hall. I lodge at Mrs. Lewis's house: I am a mantua-maker, I go to work at eight o'clock in the morning, and come home at eight at night.

Q. How long have you lodged there?

Mary Hall. Ever since last Christmas: In the beginning of May my landlady told me, she had a lodger up one pair of stairs backwards, and that he said he was a sea-faring man: she went to inquire his character a day or two after, the people told her, he was a very honest man, and paid his way through: when he came to the house his name was Thompson, otherwise Lawler. I come home every night at eight o'clock, having odd jobbs to do at home: He came home always at very regular hours, and always very sober; he used to ask the maid for a candle and go to bed: The last time I saw him was the Saturday before Whitson-eve, I had a gown to finish for a gentlewoman that was going to Uxbridge on the next morning, which was Sunday: my landlady, that evening, ask'd me to eat a bit of cold lamb, the prisoner, and a prisoner that was in the house were at supper; after supper I heard the prisoner ask the maid for a candle to go to bed.

Q. What time of the evening was this?

Mary Hall. I can't say what time, it could not be very late or very early, I never saw him after that time; three or four days after that my landlady said, he was in trouble to her great surprize ; I am sure what I say is honest and the truth.

Q. How long have you lodged there?

Mary Hall. It is almost from last Christmas.

Q. How came you to remember the day so particularly ?

Mary Hall. I remember it from the gown I was making for one Mrs. Brown.

Q. What day of the month was it when Mrs. Lewis lay in last?

Mary Hall. I cannot tell that.

Q. What month was it?

Mary Hall. I cannot tell that, I have said all I came to say.

Q. Was you at the labour?

Mary Hall. I was not.

Q. How long was it before Whitsontide ?

Mary Hall. I cannot tell, I have said all I can say.

Q. Can't you tell within a month?

Mary Hall. I cannot.

Q. How old is the child?

Mary Hall. I don't know how old it is.

Q. What is become of the child?

Mary Hall. She has a child now living.

Q. Has she a young child now?

Mary Hall. She has.

Q. What! a child that was born since you liv'd in the house?

Mary Hall. Yes, it is living now.

Q. Pray what month was it you came to live there ?

Mary Hall. I came there the latter end of January.

Q. Was that child born one, two, or three months ago? or a month or two months after you came there ? recollect, you must give an answer as near as you can.

Mary Hall. I believe the child was born about Feb. or March.

Q. Is it now living?

Mary Hall. It was living when we came from home.

Q. Has there been ever a child of Mrs. Lewis's buried since you became a lodger in that house?

M. Hall. No, my lord, there has not.

Both guilty .

Death .

Ann Lewis and Mary Clark were committed to be tried for perjury, and Mary Hall to be confin'd, or find good security for her appearing next sessions to give evidence against them.

Just after the verdict was given the marshal's man return'd, and declared upon oath, that the register-keeper for the parish of St. Ann's had search'd it twice over for the month of May in his presence very carefully, and there was no such child buried, there.

For Lawler see No 7, and No 235, in Sir Samuel Pennant's mayoralty. Lawrence Lawler , tried by the name Savage, was his own brother, see No 163 in Sir Samuel Pennant 's mayoralty.

For Masterson see No 591, in John Blachford , Esq; and No 341 in this mayoralty.

460. (M.) Robert Clark , commonly call'd by the name of Plunder , was indicted for not surrendering himself according to the king's order in council .

No prosecutor appearing he was acquitted .

461, 462. (M) John Fisher , and Christopher Fisher , were indicted for stealing six cloth coats, value 10 l. seven cloth waistcoats, value 5 l. one white silk waistcoat, three pair of cloth breeches, one pair of velvet breeches, one pair of worsted breeches, one embroider'd standard, call'd the Standard of England, one sword with a silver hilt, and other things , the goods of Philip Roberts , Esq ; May 29 . *

James Faulkner. I am servant to Philip Roberts , Esq; his house is in upper Brook-street : He went out of town the 13th of May last, and these cloaths were put up in a chest, &c. He had a letter sent him into the country that his house was robb'd. The house-keeper came with my master and I to the Justice the 7th or 8th of June, and we knew and own'd the cloaths; I know nothing of the prisoners.

John Burch . My brother and I were coming home the 29th of May, at a quarter before one o'clock in the morning, about a quarter of a mile from Brook-street, John Fisher was coming up to us, and seeing us turn back about six or seven yards, as high as I can guess, he sculk'd down by a wall; my brother went to him and ask'd him what he did there; we hearing the watch cry out thieves, he ask'd the prisoner what was the matter, and he answer'd nothing, but a bit of a fray; then my brother said to me, Jack lay hold on him, I went so to do and hit my hand against a cooper's adze which he had in his hand; in searching him I found this silver hilt of a sword, it was broke off about four inches in the blade, from between his coat and waistcoat. The adze and hilt were produced in court.

Q. to Faulkner. Is this your master's hilt of a sword?

Faulkner. It is, my lord.

John Burch . My brother took a bag from the prisoner, John, and a hat and wig, but the hat and wig his brother Christopher own'd to be his in the watch house; the things that were taken out of the bag in the watch-house was a buckle that belongs to a regimental belt, and the silver that was broke off both ends of the scabbard. They were produced in court.

Faulkner. These are my master's property.

William Taylor . Coming home by a wall with the last witness, John Fisher was coming by us, he turn'd round the corner and lean'd himself against the wall: I heard the watchmen keep calling thieves, so laid hold on his shoulder. The rest as the other witness.

George Hardacre . I am a watchman, and was calling the hour twelve when Thomas Webb call'd to me to come down to him, which I did, and he told me he had orders from the inhabitants of his walk to look after a disorderly house in Marybon-lane. We heard the door open and some people come out. While a man went for a lanthorn we saw three men coming along, and upon making an offer to go up to them, two of them drop'd these bundles, took to their heels, and ran down Wellbank-street. We took Christopher covered with straw upon a dunghill, who said he came there to sleep. I ask'd him what he had done with the bundle he had on his shoulder? He said he knew of none. I took him by the collar, and told him I'd shew it him. Then he said if he had the bundle he foun d it in the fields. The man that drop'd the first bundle got away. The goods produc'd in court and depos'd to by James Faulkner . Thomas Webb and John Brett , the other watchmen, confirm'd the testimony of William Taylor .

John Fisher 's Defence.

We having had words with one Mrs. Gray about three weeks before, she got a warrant for us, but she came about nine o'clock this night to make it up, and staying till twelve, she ask'd us to see her home, which we did. After that we met two men on horseback and one on foot. My brother said to me, Jack, don't go any farther, let us cross over the stile, fearing they should do something to us; so I jump'd over the rails, and fell upon one of these bundles. I then call'd to my brother and said, here is something lying, let's see what it is ? and as he was coming to me he found another bundle. These other things he bid me put into my pocket, and we should see what they were when we came to the light, but we had not gone thirty yards before they stop'd us.

Christopher's Defence the same.

Jane Gray . I live in Oxford-road, and my husband is a watchman in Rathbourn-place. On the 29th of May I went to their house, and they used me very ill, so on the 30th I fetch'd a warrant for them; but they wanting to make it up with me, I went to see them on Whitson-tuesday in the evening at John's house. I supp'd with them, and staid till near twelve at night. They said as it was the royal-oak day, they would get some boughs, and go a bird-catching, but would first see me to Rathbourn-place; and as my husband had done calling the hour twelve I wish'd them a good night, and we parted there.

John Gray . I am husband to the last evidence, and am a watchman at Rothbourn-place, as I was going back to my watch-box this night, after twelve o'clock, my wife call'd to me. I saw two men with her. She said they were John and Christopher Fisher .

Q. Will you swear they were the prisoners?

Gray. I will not, my lord.

There were twelve persons appear'd to their characters.

Q. to all the Watchmen. Which way were the prisoners going with the bundles?

They all three made answer, out of the street into the fields.

Both guilty .

[Transportation. See summary.]

463. (M.) John Strong was indicted for stealing one brass cock, value 8 s. the property of George Friend , June 28 . *

George Friend. I lost a brass cock out of my dye-house on friday se'nnight. I sent a servant to enquire at the cock-founders and other places to get it stop'd, &c. and upon that, James Bartlet came and inform'd me he had bought it.

James Bartlet . The prisoner brought this brass cock to my shop, and said he had it to dispose of. When I ask'd him if it was his own, he said, I don't bring it as a thief. I saw him bring it open in his hands, he said it was his own. I bought it, and gave him 8 s. for it. When I heard from the prosecutor I let him know of it. Produc'd in court, and depos'd to by the prosecutor.

Henry Saunders . I was sent for and charg'd with the prisoner, who own'd to me that he stole this cock.

Prisoner. I took the cock, I was in liquor.

Guilty .

[Transportation. See summary.]

464. (L.) William Brown was indicted for forging a letter of attorney in the name of George Mackenzy , late master's mate of his majesty's ship the Inverness, and for publishing it, with intent to defraud , September 20, 1749 .

John Smith. I was concern'd about the 20th of September, 1749, for several persons in receiving their wages. The prisoner came to me on that day, and told me his name was George Mackenzy , that he was master's mate on board his majesty's ship the Inverness, and that he belonged to her at the time of her being off Cape Cantoone, under the command of Commodore Coates, and that he was intitled to prize money due for the same. He made this letter of attorney to me, holding it in his hand, in the name of George Mackenzy : I fill'd it up myself, and I saw him sign the name, George Mackenzy , to it. Here is one Benj Cafe , a subscribing witness, I ask'd him to step in, and he saw the seal taken off; the prisoner executed this as his own act and deed, and afterwards went to Sir William Calvert , then lord-mayor, and re-executed it, and brought it back to me again. This William Calvert , Mayor, is Sir William Calvert 's own hand writing.

Cross examined.

Q. How long was it after September, 49, that you discover'd this imposition?

Smith. I discover'd it in about a week after my clerk received the money. The 18th of October a kinsman of Mackenzy's came and told me.

Q. How often did you see the prisoner after the 18th of October?

Smith. I never saw him from the 18th of Oct. till last January, and that was in the house of David Morris , at the Coach and Horses in the Strand.

Q. Had you then a warrant against him?

Smith. I had not.

Q. Did the prisoner say, he heard you had a charge against him, and if so he desir'd you would execute it?

Smith. No, he did not, but made out at the back door and then ran away.

Q. Did you see him after this?

Smith. I did, opposite the Bank in Thread-needle-street, at the sign of the Rose.

Q. Had you a warrant against him then?

Smith. I then had from Justice Fielding.

Q. How long did you stay in company with him?

Smith. About a quarter of an hour.

Q. Was you, or was you not, ask'd, whether you should know the person that committed this fraud upon you?

Smith. I was ask'd that by Mr. Morris, and I said the prisoner was the man. David Morris told me, except I would give an indemnification that I would not hurt the prisoner at that time while I was in company with him, I should not see him, and I gave it to have an interview with him.

Q. Did not you write a letter to the prisoner once ?

Smith. Yes, I did; the day after he made his escape out at the back door; the contents of it was about his defrauding me; so desiring he'd come and make things up, &c. this was with an intent to get at him; he was kept by this Morris and one Spooner, an attorney, that I could not get at him, but by such means; but I had no intention, upon my oath, of making the affair up. This David Morris rescued him once; I waited upon Mr. Spooner several times to know what was become of the prisoner; he told me he knew nothing of him; when I talked with the prisoner at the Coach and Horses Spooner gave a knock, and the prisoner went down stairs, and went away directly.

Benj Case . I cannot say I know the prisoner at the bar (he is shown the power of attorney, the name. B. CASE ) this is my hand-writing; at the time I wrote it as a witness I saw a person who called his name George Mackenzy there at that time, who acknowledged that name, George Mackenzy, to be his hand-writing; he had wrote his name before I went into the office; but I have seen so many faces since, that it is impossible to remember that person again.

The power of attorney read to this purport.

Know all men by these presents, that I George Mackenzy , late master's mate of his majesty's ship the Inverness, for divers good causes and considerations me hereunto moving, have, and do hereby name, make in my stead, and place, put, and constitute my friend John Smith , of Talbot Court, London, Gent. my true and lawful attorney, &c.

The rest in the common form.

Sept. 20, 1749, in presence of

B. CASE.

Sign'd, seal'd, and deliver'd by me,

GEORGE MACKENZY .

London, re-executed by me the same day,

WILLIAM CALVERT , Mayor.

Case. The person whom I saw take the seal off declared this was his act and deed.

Cowlen Campbel. I live in St. John's, Wapping, I was agent for the payment of prize-money of the ship Inverness; I paid Mr. Mackenzy more money than this two or three times; the prisoner at the bar is not the real Mackenzy; I paid this money by virtue of this letter of attorney in presence of Mr. Case, imagining this to be Mr. Mackenzy's handwriting; it was so well forged, that I and my partner, William Grigg , did think it was wrote by the same man; I have a receipt in my book of George Mackenzy 's hand-writing ; I have seen him write; I paid the money to Mr. Cadywold.

James-Cadywold. I was clerk to Mr. Smith at the time this affair happened ; I received this money of Mr. Campbel on the 18th of October 1749, 47 l. 17. 6 d. the prisoner at the bar came to me in the office; about a day or two before I received it, and said, sir, have you received my prize-money? I said, what is your name, sir? he told me his name was George Mackenzy , and that he was master's mate of the Inverness, and had made a letter of attorney to Mr. Smith (that was my master) in order to receive this prize-money: I gave for answer, that at the day of payment, which was advertised the 17th of October 1749, I should receive the money, and it he would please to call after that time I would pay it him; but there was a great deal of hurry at the time of payment, and the agents could not go through the recals that day, so I was paid on the 18th by virtue of this letter of attorney, signed George Mackenzy ; I received 47 l. 17 s. 6 d. and I paid him 44 l. 16 s. 6 d. after our's was deducted.

The prisoner's defence was, that he had always publickly appeared upon all occasions, till the time he was taken up, as being conscious of his own innocency.

Guilty of forging and publishing it.

Death .

465. (L.) Joseph Whatton , was indicted for that he on Hyam Levi did make an assault, putting him in corporal fear and danger of his life, and taking from him one hat, value 8 d. one grizel perriwig, value 5 s.

June 30 . ++

Acquitted .

466. (L.) Margaret Smith , was indicted for stealing one linen pocket, one snuff-box, one garnet necklace, one guinea and a half in gold, and 3 l. 2 s. in silver , the goods of Thomas Gill .

++ Acquitted .

467. (L.) Hannah Dernan , spinster, was indicted for stealing four shirts, value 40 s. one pair of worsted stockings, one silk handkerchief, one neckcloth , the goods of Abraham Milock , June 3 .

++ Acquitted .

468. (L.) James Cavenhau , was indicted for that he, on the 26th of July, 1750, did marry one Ann Williams , spinster, and in the life-time of her, the said Ann, did marry one Elizabeth Watkins , spinster, against the form of the statute. ++

John Guerson . I am a minister in May-fair-chapel.

Q. What do you know concerning the prisoner at the bar?

Guerson. I have a very slender knowledge of his person.

Q. Do you know Ann Williams ?

Guerson. I do, I married a person July 26. 30, who gave in his name there to be James Cavender , to Ann Williams . I believe the prisoner is the man, but I am not certain.

James Drummond . I am clerk, I can't say I know the prisoner.

Acquitted .

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

Received Sentence of Death, 9.

William Brown , John Younng , Robert Glascow , Edward Dixon , Thomas Catchpole , Richard Holland , Daniel Thorowgood , otherwise Dan the Baker. Thommas Masterson , John Thompson , otherwise Garret Lawler.

Transported for 7 years, 14.

John Howard , Archibald Macdaniel , Jane Williams , William Smith , Richard Gardner , Elizabeth Bennet , Mary Norman , Daniel Steward , John Fulford , Mary Davis , Elizabeth Davis , John Fisher , Chistopher Fisher , John Strong .

Branded, 4.

John Passmore , Charles Troop , Lawrance Cox , Richard Steel .

Whipped, 5.

Susannah Powel , Sarah Nuby , James Heath , otherwise Jefferys, Mary Stivers , Jane Brown .

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

BRACHYGRAPHY: OR, SHORT-WRITING,

Made easy to the meanest Capacity.

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-noster 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: