Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 September 2014), October 1751 (17511016).

Old Bailey Proceedings, 16th October 1751.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, and Monday the 21st of October.

In the 25th Year of His MAJESTY's Reign. BEING THE Eighth SESSIONS in the MAYORALTY of the Right Honble Francis Cokayne , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER VIII.

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 Right Honourable the Lord Chief Justice LEE* , the Honourable Sir THOMAS BURNET + , Mr. Baron CLIVE ||, RICHARD ADAMS , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City, and County of Middlesex.

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

London Jury.

Robert Rampshire ,

James Burnell ,

Richard Lynch ,

John Nemes ,

Wilkinson Brathwait ,

Stephen Prew ,

Thomas Harding ,

Philip Stevens ,

Samuel Spencer ,

John Wilson ,

Robert Astie ,

Peter Punt .

Middlesex Jury.

James Bagnall ,

Samuel Jaumard ,

Thomas Speers ,

Peter Deschampus ,

William Gerret ,

John Parker ,

William Sarsfield ,

John Lowry ,

William Wright ,

Gilbert Sheldon ,

James Neile ,

John Laundale .

544. (L.) Edward Pallont , was indicted for stealing one silk handkerchief, value 10 d. the property of Frederick Filiwisky , Sept. 14. ++.

Frederick Filiwisky . On the fourteenth of September, about seven in the evening, as I was going under Ludgate I felt something at my pocket. Mr. Deseaves being near me, asked me if I had lost any thing ; I put my hand into my pocket, and found my handkerchief was gone: then the gentleman ran and catched the prisoner, and I after him, and found my handkerchief in the prisoner's hand. [The handkerchief produced in court, and deposed to.] I had it in my pocket when I set out from St. Mary Axe, which was about an hour before.

Mr. Deseaves. I was along with the prosecutor at that time under Ludgate, where there was a great crowd, and the prisoner rushed by. At the same time I saw something go out of the prosecutor's pocket; it appeared like a handkerchief, but I could not be certain it was; then I told him of it. The prisoner ran away, and I after him, down the Old Bailey, where I took him, who had, at the same time, the handkerchief in his hand; and the prosecutor came up in about two or three minutes time, and took it.

Prisoner's Defence.

Coming through Ludgate, I picked the handkerchief up, and put it into my pocket; then I went down the Old Bailey, where the gentleman came, clapped me on the shoulder, and said, You have got my handkerchief; I replied, I found it, and if it is yours, you are welcome to it.

Guilty .

[Transportation. See summary.]

545. (L.) William Potter , was indicted for stealing 2 l. 14 s. 6 d. in money , the monies of Thomas Wheller . ++ .

Thomas Wheller . I live with Mr. Cole, at the Mitre Tavern in Fleet-street , where the prisoner is apprentice, who is a cook . I had 2 d. 18 s. in silver in a box, fastened down in another box in the garret where I lie; but the prisoner does not lie there; I missed all but five shillings and sixpence about the seventh of September. I had often found the lock hampered, but always found it locked. I then marked all the money left with two crosses on the head, and fastened the box as before. About four days after I asked my master to go out, which I did, and returned about eleven in the evening, when I was told he had been up there. I went and looked, and there was but three shillings and sixpence left; and being told he was drinking at the Maidenhead, I went in, sat down, and drank with him. I wanted to see his money out of his pocket, but he would not shew it. The servant maid there having changed him a shilling, I desired to look over the money in the till, and found one of the shillings I had marked, and left in my box, [Produced in court, and deposed to. ] The next morning I let my master know it, then took the prisoner up, and he owned it, saying, he took two shillings out of Tom Wheller 's box, and that he had taken money out at several times, and shewed us the fork with which he used to unlock and lock the box.

Sarah Shepherd . I am servant at the Maidenhead, and changed a shilling for the prisoner that night, but cannot take upon me to swear to the identity of it.

Thomas Martindale deposed to that of the prisoner's confession.

The prisoner had nothing to say, but called his master, Mr. Cole, to his character, whom he had served about five years and a half, and who deposed he had behaved well, but latterly he had got a trick of idling his time away, &c.

Guilty .

[Transportation. See summary.]

546. (M.) Samuel Bacon , was indicted for robbing John Bretley on the King's highway of a gold watch, value 8 l. and two shillings in money , Oct. 13 . +.

John Bretley . On Sunday morning last, about nine o'clock, I was going from my own house on Muswell-hill to the house of Mr. Masterman, which is about three or four hundred yards from my house, and about half way I was met by the prisoner at the bar; he was on a brown mare, with a dark muzzle, and I was in my slippers, under which I had a pair of wooden clogs; and he asked me if that was the road to Highgate; I replied, there was no turning, and that he could not miss his way; I then went on, and he towards High-gate. When I was got within about forty or fifty yards of Mr. Masterman's house, I heard something behind me; I looked back and saw, I think, the same man, with a mask on his face, and a pistol in his hand, about four or five yards behind me. I mistrusting his errand, put my hand under my coat to push in my watch chain, which, with two large seals, hung visibly to be seen. He said, Give me your watch, or I will shoot you; I said I had none, or would not, or such like words. He replied, I saw your watch when I met you, therefore I know you have a watch; and added, I am an unhappy man, drove to it by necessity; I am a gentleman, and a man of honour, and drove to the utmost distress, or I should not use you in this manner; - I insist upon it, or I will shoot you through the head. I did not immediately give it him, but wanted him to put his pistol within my reach, that I might have an opportunity to lay hold on it ; then he put his hat towards me for my watch, and I put it into the hat. He then insisted upon my money; said I, I have but little, and it will not do you much service; to which he replied, don't conceal any; I answer'd, if you don't believe me, search me; which if he had, I designed to have secured him, but he would not, so I gave him two shillings into his hat. He then went off, and turning his horse about, when he was got about five or six yards, said, You shall have your watch again, if you advertise it, for the value of the gold, and then rode very fast off towards Highgate ; and I seeing Mr. Masterman, or his servant, called out for him to get me a horse, telling him that I had been robbed. I saw the prisoner ride by my house, and ran to see whether he turned towards Pinchley-common. I then mounted a horse, took a handle of a rake in my hand, and pursued, and Mr. Masterman's servant mounted another horse, and overtook me at Highgate; there we inquired, and was directed wrong, but found our mistake, and turned again. We never saw the prisoner till we got to the Spaniard at Hampstead. I had described him to the servant. I saw the prisoner turning by Mr. Arnold's corner, so I cut cross through the gravel pits, to meet him at North-end. We also called out as we rode; and when we came to North-end we saw him in the bottom. By this time the people were a little alarmed, and about two miles beyond there he quitted his horse, and took to the fields. My horse was almost knocked up, so I jumped upon the horse the prisoner had quitted. The prisoner had hid himself in a hedge, and before I got to him, he was by some persons dragged out. We took him before Hammond Cross , Esq; and he was committed.

[He produced a wizard, which was found where the prisoner quitted his horse.]

On his cross-examination beyond. When the prisoner asked the way to Highgate, he looked pretty hard at the prisoner ; that he lost fight of the prisoner for about two miles riding; that he found nothing upon the prisoner, but that the prisoner shewed him a hole in his pocket, when he asked him where his watch was, and said he had lost it out of that hole as he rode; that when his mittimus was made out, the prisoner desired to speak with him in another room; that he there begged his pardon, and that he did not appear to be in liquor. That when he came to North-end he saw a man, which he took to be the prisoner, riding extreme hard; that he did not see him quit his mare; that he was certain the man that robbed him was upon that mare which he himself afterwards mounted; that she then seemed, when he found her, to have been rode very hard, and spurred a good deal.

George Griffice . I am servant to Mr. Masterman. Mr. Bretley called out to me, to know if my master had any horses in the stable, saying he had been robbed; I said there were two. He then pointed out, saying, there goes the man, but I did not see him. I saddled two horses, he mounted one, and I the other, and pursued him to High-gate, where a man informed us he had turned to the left hand; upon which I rode round the two roads that go to London, and met several persons, who said there was no such man gone that way; then I went to the turnpike, and there I was told that no such person had pass'd through there; we turned again to the left, went to the Spaniards, and enquired there, and was told that there was such a man gone by some little time before. When we had got about two hundred yards from thence, I saw a man riding full speed, and calling to Mr. Bretley, I informed him, that I believed, by his description, there was the man that robbed him.

Q. How did he describe the person who robbed him?

Griffice. He described him as having a thin face, and riding a dark bay mare with a brown muzzle. I saw the man turn at the corner of a house, and take down the great road; for I was in view of him about a mile riding in the road, being rather better mounted than Mr. Bretley. I called out to a gentleman to stop him, informing him that he was a highwayman; then the prisoner turned out of the road, and rode to a hedge, quitted his mare, and jumped over it. There were a great crowd of people got about his mate, and I saw Mr. Bretley get on the mare; for my horse refused to go over the hedge, or I had taken the prisoner in the first field. When I had got up to him, there was a man or two had got hold of him; then Mr. Bretley came up, and after he had tied the prisoner's thumbs, he asked him where his watch was; he said he had it not. We got him into the road, mounted him with a man behind him, and carried him to the Justice's.

Q. from the prisoner. Did you see me dismount my mare, or did she throw me?

Griffice. He was on full speed, and in such a case no man can give evidence of that. According to the description Mr. Bretley gave me, the prisoner is the man that robbed him.

James Grubb . I was coming to Mr. Bretley's house the same time he was robbed, and about forty yards from Mr. Bretley's gate I met the prisoner on the same brown mare, which Mr. Bretley rode afterwards; he was whipping and spurring all the way he went, and I expected she would throw him every minute. This was just after the robbery was committed; the prisoner was going towards Highgate, but there was no mask on his face then. I took particular notice of his clothes and his mare, but I did not so much mind his face. I followed Mr. Bretley, and saw the prisoner, when they had got him into the road, after taken. I saw the mare, and can swear it is the same mare I saw before, and that the prisoner had on the same sort of clothes. The mare was a dark bay with a brown muzzle.

William Harison . I was with one Eldridge upon the Green, and there was the cry, Stop a highway-man! I saw the prisoner on horseback turn to the Green, who rode at a great rate. We pursued him, being about fifty pole from him when he turned out of the road. When we came up to him, we found him crept into a ditch covered pretty much with bushes. I did not see him when he quitted the mare, but I can swear the prisoner is the man I saw riding, and the mare I believe to be the same, but I did not so much mind her.

Eldridge confirmed what the last evidence said, with this addition, That the prisoner was found in a ditch in the second field.

Daniel Harison . As I was coming from Ditton to town, I saw the prisoner come riding down the hill very fast, whipping his horse, and as I rode up the hill they said it was a highwayman, and desired I would turn back again. I was pretty well mounted, so I rode back, and got ground of him every minute. I saw some people coming along, I called out to them a highwayman, stop him, &c. he turned round upon Golder's Green, jumped off his horse, and went through a hedge, and ran over the fields. The hedge was difficult, and I could not jump my horse over, but I went down a little lower, got over, and went down the field; he then got over the stile, and went into the second field; I likewise jumped my horse over the stile, by the assistance of a man to force him, but the prisoner was then out of sight. Presently I heard a man say there he is, and I saw him pulled out of the hedge. I am certain he is the same man I saw whipping and riding, &c.

The prisoner called Benjamin Sidney , a watchmaker, to whom he was apprentice, and had served upwards of five years, to give him a character; who, upon his cross-examination, acknowledged he had once made an elopement from his service, and at times would stay out till eleven or twelve o'clock at night.

Evan Davis , Richard Brooks , George Hager , Thomas Linley , Harwood Lassiter, Thomas Going , and Henry Newhouse , had all known him for some years, and never heard any thing ill of him before this affair.

Guilty , Death .

547. (M.) Mary Ramsey , spinster , otherwise Elizabeth Tompson , was indicted for robbing Daniel Widenham , Esq ; on the King's highway, of one cotton handkerchief, value 12 d. one silk purse, value 12 d. one guinea, one half guinea, and eleven shillings, in money numbered , September 18. *.

Daniel Widenham . On Wednesday the eighteenth of September I went to the play-house, Drury-lane. I could not get in, but staid there till the play was over. Coming away, at about half an hour after nine o'clock, about ten yards from the playhouse door in Bridges Street, the prisoner at the bar desired me to go and take a pot and a dram with her; to which I made no reply, but walked on. She followed me, and accosted me in that manner a second time; I desired her to be gone about her business, but she persisted in following me. Then another woman came up and said, Mary, will not you go to your company? If you have ticked up this gentleman, he shall go along with you, and be welcome, but don't detain the company you have left behind. I went on into White-Horse-Yard , they came after me, and one of them caught hold on my right, the other my left arm, but I forced them to lose their hold. Then this woman, and six or seven fellows, as near as I can remember, came up to me; but she was the first. One of the men struck me about the head, which stunned me a little, and I fell against the rails. They bid me stand, and the men held me while the prisoner took out of my pocket a green silk purse, in which were a guinea and a half in gold, a crown, two half crowns, and one shilling. She is so remarkable, I am certain she is the woman that robbed me.

Q. Was it a light or dark night?

Widenham. It was a dark night, but by the light of the lamp, which was over the door where I was knocked against the rails, I observed her. I had a suspicion of her, and had observed her before.

Acquitted .

548. (M.) Mary White , widow , was indicted for stealing two cloth waistcoats, value 10 d. the goods of James Chipingdale , Sept. 10 .*

Acquitted .

549. (M.) Jane Walthew , spinster , was indicted for stealing 26 linen shirts, 12 linen shifts, 12 linen aprons, four linen sheets, three table cloths, one pair of thread stockings, one pair of cotton stockings, two silk handkerchiefs , the goods of Robert Hancock , October 7. *

The prisoner had lived servant with the prosecutor about six months; the goods were lost out of the house, and found again at divers pawnbrokers.

Daniel Wood , John Hills, Edward Twentyman , Thomas Owen , and William Barnes , all deposed they took them at sundry times of the prisoner. Many of them were produced in court and deposed to by the prosecutor.

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

550. (M.) Alice Nixon , spinster , was indicted for that she, together with James Drinkwater and Anne his wife, not yet taken, one pair of silver shoe buckles, one watch chain, one guinea, one half guinea, the goods of John Savage , did steal privately from his person , Sept. 29. +

John Savage . Coming along the fields to go to Old-street church, I struck out at the end of Red Lion-street; at the end of the street I met two or three fellows that had belonged to the ship that I had done; after I had parted from them, a woman that is not here took hold on my arm and said, she would treat me; this was at Blackmary's hole ; I went in, and up stairs we had seven or eight bottles of wine and water mixed together, then I had 18 shillings in silver, and a guinea and half by themselves in my sob; my money was soon squandered, I found my head giddy and wanted to lie down, which was granted; I had my silver buckles in my shoes; then there were four of them in the room when I went to sleep, James Drinkwater , his wife, she that picked me up first, and the prisoner; I had not known the man's name, had I not heard his wife say, Drinkwater, get up, after that she called him James; so I thought I'd take notice of that. I lay to sleep on my side to preserve my guinea and half, which I then felt there by putting my thumb down in my pocket. I awaked when the clock strack three, I heard it, there was nobody in the room; I knocked, Drinkwater's wife came up, I said I was very cold; I went down stairs with her, I trod on one of my straps as I was going down, I look'd, my silver buckles were taken out ; when Drinkwater's wife came down I asked her where were my buckles; said she, damning her blood, did not you sell them because you had no money, calling me impudent son of a bitch? I said no, I had no occasion, for I had money about me, going to feel for the guinea, and I found it was gone also; she went to her husband, who came in with a knife in his hand, and said to me, don't play any tricks here, but sign this paper, he had a paper in his hand already wrote; he said I sold them for twelve shillings; I signed the paper, but it was through fear; Drinkwater's wife had the buckles in her hand at that time; then they were very agreeable; I asked if I should stay till quite day, I knew I could lose no more than I had lost, so I staid, I went to bed and lay with the prisoner, I could not sleep, she asked me several times why I did not go to sleep; they asked me to stay breakfast; we had all a dram a-piece at six o'clock, and out of the house I went, and promised them to be there at breakfast; then I went for a warrant, but the justice was not up. The prisoner had nothing to say, nor called any witnesses.

Acquitted .

551. (M.) Mary wife of Edward Aires , was indicted for stealing one pair of linen sheets, one blanket, one flat iron, the goods of William M'Grant , in a certain lodging room let by contract &c. + .

Guilty 10 d.

[Whipping. See summary.]

552. (M.) Sarah Dixon , otherwise Pope , was indicted for stealing one linen gown, one pair of stays, one linen apron, the goods of Mary Lincoln, spinster, two linen shirts , the goods of Francis Fowler , Sept. 16 . +

Mary Lincoln . My mother lives in Tower-street, St. Dunstan's in the East , I live with her, the prisoner was our servant ; we missed the goods mentioned ; the prisoner confessed the taking and pawning them.

Anthony Longate , a pawnbroker, produced two shirts pawned by the prisoner, and a lawn apron. The gown produced in court, pawned in another place, deposed to by the evidence; it appeared the two shirts were callico, and the linen gown the evidence deposed to as her sister Juliana's.

Guilty 10 d.

[Transportation. See summary.]

553. (L.) Anne Pryer , spinster , was indicted for stealing one blue cloth coat with a scarlet lining, one scarlet cloth waistcoat with gold lace, one pair of silver shoe buckles, the goods of Henry Harrison, one silk petticoat, the property of Mary Granvil , widow; one muslin handkerchief, 14 yards of Irish stuff, one silver table spoon, one guinea, one quarter of a guinea , the goods of Mary Day , Sept. 23 . +

Mary Day . I live in Goss-square, Fleet street . The prisoner was recommended to me for a servant to live with one Mrs. Richardson, who had lived with me; she said she was just come from Grantham in Lincolnshire ; the prisoner had been with me from Monday to Sunday following; the gentlewoman and I were above, the prisoner was left below, we went to bed; the next morning the prisoner came to me and said she had hired herself to go into the country; I went to the gentleman in Newgate-market who recommended her to me, to tell him how she had served me; when I came back I missed a guinea out of my drawers below stairs, from out of another drawer I missed a purse and a quarter of a guinea, from another I missed a silver spoon; I taxed her with these things, she confessed and gave me the guinea, quarter of a guinea, and silver spoon, which she had broke in two pieces; she said it was the first crime she ever committed; I forgave her and let her go; upon farther searching my drawers I found several things were gone, particularly a piece of Irish stuff. 14 yards, and a muslin apron, a petticoat of Mrs. Granvil's that had been dyed and not made up; the prisoner had got the Irish stuff made up into a gown, and Mrs. Granvil's petticoat made into a petticoat for herself. (Both produced in court and sworn to.) I also found a cambrick handkerchief marked D, which she had put to wash; the prisoner owned to me she took these things; the suit of clothes were the property of one Mr. Henry Harrison that lodged in the house, he was not there then; she lay in a room where they were in a trunk; she told me she had taken the lace off the waistcoat and burnt it, and sold it for 8 s. 6 d. in Hemmings-row.

Mary Westwood . The prisoner came into my room three weeks ago to-morrow, and desired I would let these things be in my room till she could get a lodging; she had this yellow silk petticoat upon her. Mr. Pew and Mrs. Day came and asked me after her, Mrs. Day owned the gown and muslin apron.

Humphry Pow. Mrs. Day came to me to-morrow will be three weeks, and desired my assistance, I went with her, we took the prisoner, she confessed she had stole the coat, waistcoat, and took the gold off the waistcoat and sold it; also she said she took the Irish stuff, the yellow petticoat, and some linen, (the apron was not mentioned then) and told us they were at Mrs. Westwood's, we went there, Mrs. Westwood opened the door, but said the prisoner went by the name of More there.

Prisoner. It is the first fact I ever did of this sort.

Guilty 39 s.

[Transportation. See summary.]

554. (L.) Lawrence Whittum , was indicted for stealing one silver pint mug, value 30 s. the property of Jane Newbolt , Sept. 16 .*

Jane Newbolt. I keep a publick house . The prisoner came into my house with a sheep's heart to broil, he called for a mug of beer, he staid from betwixt one and two to four in the afternoon; after he had drank his pint he had two penny-worth of beer in the same silver pint pot; at last there was nobody in the house but he and me, I was sitting musing, he went out ; my maid being gone out, she came in and said, the man is gone with the silver mug ; she ran out and enquired which way he was gone: in about a quarter of an hour she brought him and the mug squeezed and bent together. Produced in court and sworn to.

Cross Examined.

Q. Did he use your house?

J. Newbolt. I don't know I ever saw him before.

Q. Had there been nobody in the house the time he was there?

J. Newbolt. There had been several companies, but they were all gone when the last penny-worth was drawn, then there were none but he, I, and the maid in the house.

Q. How near was you to the prisoner?

J. Newbolt. I was sitting in the next box to him.

Q. Are you sure that was the very pint mug the prisoner drank out of?

J. Newbolt. It is a particular mug, and I am certain it is.

Elizabeth Brown . I am servant to the prosecutrix. I drew the prisoner the pennyworth of beer in this mug, he said he waited for somebody, there was nobody at that table but himself; I went out to get in some pots, and when I returned he was gone, and I missed the mug; I ran out and saw him in Column-street, I cried, stop thief, he has stole my mistress's silver mug; he got into a place where was no thorough fare; there was a throng of people, I collared him; he said he had none of the mug; at that time somebody came over the wall, which he stood near to, with the mug in their hand, so I brought him back.

Cross Examined.

Q. Did you see this mug upon him?

E. Brown. No, I did not.

Q. Were there other people in the house the time he was there?

E. Brown. There was nobody but my mistress, him, and me, when I delivered the mug last to him.

Q. to Prosecutrix. Did you see the maid deliver the mug to the prisoner at the time she speaks on?

Prosecutrix. I did, Sir, and after the maid went out there was nobody in the house but him and me.

Q. Did any body come into the house betwixt the time the maid delivered the last pennyworth of beer to him and the time the maid said the mug was missing?

Prosecutrix. There was not any body came in.

For the Prisoner.

Mr. Walker. I live at the White Hart in Thames-street, and have known the prisoner 15 years, he has had a very good character, he was an hostler, he is now I believe out of place.

Mr. Prew, one of the jewry. The prisoner lived hostler with me six months and was as good a servant as ever I had.

Q. How long is this ago?

Prew. It is almost a year ago.

Q. to the Prosecutrix. Where is the man that found the tankard?

Prosecutrix. He was sworn before the alderman, but I cannot find where he lives.

Acquitted .

555. (L.) Mary Johnson , spinster , was indicted for stealing one silver spoon, value 10 s. the property of Samuel Rogers , Sept. 28 .*

Samuel Rogers. I keep a publickhouse in Old Bedlam . The silver spoon had been in use, I wiped it, put it into the bar, and went down to draw a tankard of beer, leaving the prisoner in the house, but when I came up she was gone, and the spoon missing. I being a parish officer , went the next day to the workhouse, telling them the affair, and desiring, if such a thing should be heard of, they would let me know, &c. The next day the spoon was stopped in Smock-alley, at one Mr. Eakins's ; one Mary Cooper carried it there. I went and found her; she told me she had it of the prisoner: then I took up the prisoner, and she owned she stole it while I went down for a tankard of beer.

Thomas Eakins . This spoon was brought to me by one Cooper, who said first it was her own, then that she had it of the prisoner at the bar. I asked her where she lived, she replied here, there, and every where ; so I stopped the spoon, in order to have it advertised.

Mary Cooper . This Mary Johnson brought this spoon to me, and asked me to pledge it, saying it was a friend's over the water. She was with me at the door when I went to Mr. Eakins's house with me.

[The spoon produced, and deposed to by the three witnesses]

Prisoner's Defence.

If there were no receivers there would be no thieves. She received the spoon, though I stole it. There is an officer indeed! The officers belonging to Bishopsgate will not give me any relief, which makes me lie about. This man said I might go a whoring or thieving, he did not care how I got my bread.

Guilty, 10 d.

[Transportation. See summary.]

556, 557, 558. (M.) Alexander Byrne , James Mallone , and Terence M'Cane , were indicted for robbing Benjamin Smart on the King's highway, of a hat, value 5 s. one pair of silver shoe buckles, value 5 s. one mettle tobacco-box, value 2 d. and nine shillings in money number'd , July 30 .*.

Benjamin Smart . On the thirtieth of July, in the evening, I had been to receive some money. I came away about eleven o'clock, to come home to Catherine-wheel Alley in Whitechapel, and on the outside of Whitechapel-bars I was followed by four men, who came after me into the alley. I pushed on as hard as I could, but within a stone's throw of where I live two of them overtook me, they were Mallone and M'Cane. It was as fine a moon light night as ever I saw in my life, and I knew them all four. I am positive to them. When I came to the very door where I live, Byrne and the evidence Wayland laid hold on me, one on one side, the other on the other; they bid m e hold my tongue, and called to the other two to come up. Mallone and the Evidence led me beyond the passage behind the pump; there they bid me deliver my watch and money. I said I had never a watch about me, but my money I would give them; so the Evidence took my money, which was nine shillings and three pence. I had one shilling more, which they left. I believe M'Cane took my hat, for he stood on my left hand, Byrne stood facing me with a pistol, and the other two with cutlasses over my head. M'Cane had no weapon, as I saw, Byrne and M'Cane were both stooping when my shoe-buckles were taken, but which took them I cannot tell. They told me, if they found I had concealed any thing they would blow my brain out. I had a suspicion of them when they followed me, so I had put my watch down in my breeches, and by that means saved it. I described them all in the morning to several neighbours, and how they were armed. I believe they were about eight minutes with me. They were taken up, as far as I understand, within an hour after this, and I saw them about seven the next morning.

Charles Wayland . The prisoners and I had been acquainted together for about a month. We went out in July last, in order to get money by robbing, and we all four attacked the prosecutor in Catherine-wheel Alley, Whitechapel, where we turned him up under a gateway. Byrne had a pistol, Mallone and I each a sword. We took from him nine shillings and three pence, his silver buckles, his hat, and an old tobacco-box out of his pocket. Byrne and I first attacked him; Byrne ran the pistol to his chin, the other passed him before, and looked at him, but when they saw we had attacked him, they turned back to us.

Q. Were your weapons naked?

Wayland. They were. M'Cane took his hat, I took the money, and Mallone took the buckles out of his shoes. We were all taken in about an hour after. The prosecutor came the next morning, and said we were the four men. We had spent a shilling of the money. We went into Winifred-street, and in a private ground room of a house there Byrne and Mallone fought about the buckles; afterwards, the men that took us took the things from us.

[The two swords and pistol produced in court, which were deposed by him to be the instruments they had at that time.]

Q. from Byrne. Ask the prosecutor, my Lord, what the Evidence said to him after the robbery?

Smart. After they had robbed me, they bid me continue in that place where I was a considerable time, I promised them I would. They went away, but the Evidence turned back with the cutlass in his hand, and asked me where I lived, saying he intended to turn Evidence tomorrow, adding, I do not like the company I am in. I told him where I lived; then he said, By the great God you shall hear of me. By the great God and sweet Jesus tell me the truth. I said, Indeed I am at my own door; to which he replied, You shall hear of me in the morning, for I stand in danger of my life.

Peter Robinson . I was at the taking the prisoners at Mrs. Bosworth's house; Thomas Stanley and Mark Chailes were with me. I was going by this house, and hearing a noise, I went and told them, so they came with me. I looked into the window, there I saw two swords and a pistol lie on the table; the woman went in with half a gallon of beer, I followed her, but they took no notice of me till they saw Stanley, then Mallone whipped up one of the hangers, and made a cut, saying here is a grab; Byrne took up the pistol, shot Mark Chailes in the shoulder, and made a cut at me. We stood a great while arguing and fighting with them. I took the buckles from Byrne.

[Produced in court, and deposed to by the prosecutor. The hat also produced, found on the floor by Stanley ]

Thomas Stanley . I was at the taking the prisoners in a sort of entry, betwixt Winifred-street and Catherine-wheel Alley. I looked through the window, and saw a pistol and some hangers lying, but the prisoners seemed in a dispute. A woman went in with some beer, Robinson followed her, and I him; Mallone whipped a hanger up, saying, D - n my eyes, if here is not a grab, then the candle was struck out. I called to Chailes to shut the door, off went a pistol close by my head, and Chailes called out he was shot; I said never mind that. I had then got hold of Byrne, and having a pistol in my hand, gave him three or four cuts before he would submit. I said to the woman, If you are an honest woman go for a candle, so she brought one. The last witness took the silver buckles out of Byrne's hand, and I found this hat in the room. Wayland first submitted. We carried them to the watch-house, and they blamed each other. The Evidence said, Mr. Stanley, if it is possible my life can be saved, I will make a discovery; to which I replied, Then the only thing is to tell of the robbery. Upon which he shewed us the place, as likewise the prosecutor, who told me he had been robbed, and that he knew the Evidence; when he saw the other three, he likewise knew them. They all confessed the fact before the Justice, and wanted to be admitted evidences. I had a warrant from Justice Clark to take up Byrne for robberies committed in George's Fields, and I had told Robinson of him. He saw them, and came and called me out of bed.

M'Cane. We were taken in Robinson's own house.

For Mallone.

Thomas Goods . I am a silk handkerchief printer, and live in Chiswel-street near Morefields ; I know Mallone, he lived servant with me from Easter Tuesday to the time he was taken; no man could behave better; I gave him eight or twelve shillings per week for a year; I took him three weeks upon liking, he was remarkably sober, all my men in their several classes agreed he was an honest man, not desirous of liquor, nor given to cursing and swearing.

John Perrin , Moses Rogers , William Price , William Wynn , Gyles Nottingham, John Yandal , Richard Lewin , Edward Rowland , David Thomas , fellow-servants with the prisoner, and George Harding the apprentice, all gave him the same character.

John Hemmings . He lodged at my house, he behaved very well, I never heard a bad word from him in my life, a careful saving fellow, he generally came home about seven or eight o'clock, and never lay out of my house but that unhappy night to my knowledge.

Benjamin Lagoe . I have known him eight years in Ireland, he was an honest sober lad; but could give no account of him since in England.

For M. Cane.

Richard Duplex . M. Cane is a carpenter , so am I; he was recommended to me, I made trial of him, he behaved very well; I recommended him to others.

Charles Morton . I employed him till Christmas last, and recommended him to Mr. Duplex; he was diligent, and behaved in a remarkable good manner; he was one of the last persons I should have suspected guilty of such an offence.

Joseph Morton . I am brother to Richard Morton , I worked with the prisoner about five months, he behaved extremely well.

All three guilty Death .

559. (M.) Mary Parent , was indicted for stealing two linen shirts, value 2 s. two linen shifts, eight linen caps, value 12 d. the goods of Walter Stamma , October 3 .

++ Acquitted .

560. (M.) Bridget Bryan , spinster , was indicted for stealing one silver spoon, value 4 s. the property of Roger Magarth , Sept. 30 .

++ Acq .

561. (M.) Deborah King , spinster , was indicted for stealing half a yard of printed cotton, value 16 d. one yard and three quarters of thread, one linen cap, one linen waistcoat, four diaper clouts, one pair of worsted stockings, value 6 d. the goods of William Steel , Oct. 8 .

++ Guilty 10 d.

[Transportation. See summary.]

562. (M.) Anne wife of Joseph Kendrick , was indicted for stealing 22 pounds weight of printing letters, value 5 s. the property of David Henry , October 11 .

The prosecutor not appearing, acquitted .

563, 564, 565. (M.) William Holmes , otherwise Bunks , John Newton , and Francis Mandeville , were indicted for that they, together with Jonathan Stevens not yet taken, in the king's highway, on Joseph Chandler did make an assault, putting him in corporal fear &c. one linen stock, value 2 d. one silver stock buckle, value 3 s. one pair of metal shoe buckles, one pair of knee buckles, one guinea and 4 s. 6 d. in money numbered, did steal, take, &c. Sept, 29 . ||

Joseph Chandler . I live at Plastow in Essex. I was walking from Rag-Fair to come to the Green Dragon in Church-lane, Whitechapel , where my horse was; on the 29th of Sept. as near as I can guess, between eight and nine in the evening, a man met me, and asked me what o'clock it was; as soon as I had spoke he took me by the collar and pin'd me up against the side of the house, and put his hand to my throat; this was the evidence; and then came up I thought six or seven; they searched my side pockets; they took out my shoe and knee buckles, I happened not to have my watch about me; I had a guinea and 4 s, 6 d. in silver, and some halfpence, which they took; they took my stock and silver stock-buckle.

Q. Which of them took your money?

Chandler. Mandeville's hand was in my pocket, he is a very handy man, I am sure I know him again.

Q. Was it light ?

Chandler. Not very light, my lord, but light enough to know them; John Newton took my shoe buckles out; in taking them out he said, d - n them, I believe they are silver; them two I know and the evidence; I will not swear to Holmes, but I take it he was the person that took my stock off. Some of them snatched off my hat and wig; Symonds, the evidence, said to me, how much money have you in your pocket? I told him; no, d - n you, he said to them, you shall not strip him; there was a dispute betwixt them about it; said he, give him his hat and wig again, which they accordingly did; they went away towards Whitechapel church, it being my way I followed them. Presently I perceived some of them coming towards me; they said if I came any further they would blow my brains out; then I turned back, and went up Red Lion-street, and so to my inn; this was on the Sunday night, and on Tuesday two men came to my house (I had told the hostler and people of the house of the robbery) by whose direction they found me; I came to London with them, and saw the prisoners before Justice Richards; then I knew Newton and Mandeville. I had a hat before my face part of the time of the robbery, but then I had a good view of Newton, he standing by my side; but I saw them before and after that. A pair of buckles produced in court, he deposed they were taken out of the knees of his breeches, and that he saw them taken from out of the breeches knees of Holmes after he was taken ; the shoe buckles were shown and deposed to.

Q. Was you put in fear?

Chandler. I was; I would have given all I had in the world to have been clear of them.

John Symonds . I had been acquainted with the three prisoners about seven days before this fact; we met together at the Queen's-head, an alehouse in the Back lane; we used to set out in the dark between seven and eight o'clock. Sept. 29 at night, we consented to stop the first man we met that had any thing about him; there was one Jonathan Stevens with us, he is not apprehended yet. We had been in Stepney-fields ; about nine we stopped the prosecutor at the end of Church-lane; I asked him what it was o'clock; he said he could not tell. I stopped him and said, you must give me what you have about you. He made a little sort of a resistance ; I took him and shov'd him against a wall; the other four came up. I held him whilst they took what he had about him; I never saw the stock buckle; Holmes said nothing to us of that. Mandeville took from him a guinea and 4 s. 6 d. and some halfpence; we made the best of our way when we had done to the Blue Anchor in the Back lane; there we had some slip and changed a guinea, and divided every man a share; we were all four taken on Monday night at the Queen's Head, where we were before, and carried the next day before the Justice. The prosecutor came there; Holmes had the knee buckles in his own breeches, which we took from the prosecutor ; he owned them. The prosecutor charged Mandeville, Newton. and me there; he said he thought Holmes was the man that took the stock and stock buckle; the shoe buckles were carried to the house of our rendezvous, they being only metal we left them there on a shelf; they were shewn to him, and he deposed they were the same &c.

Q. How were you armed?

Symonds. We had each of us a stick, and only one large knife.

Ralph Mitchel . We had intelligence of the house, the Queen's Head, where these prisoners were to be found; so one Valentine, Edward Millings , Collet Stanley, Harris, Macdaniel and I, went there; the prisoners made a very stout resistance. but we over-powered them, and took them all together. Bunks said, this is a grab, I may as well be hanged at first as at last. The knee buckles were taken out of his breeches at a publick house after his mittimus was made; there he was making game of the others, saying to them, what signifies it to send for your friends to speak for you? you had better send for them to save you from the surgeons.

George Bartington . I have seen the prisoners and evidence Symonds, together often, and another that is not here.

Mandeville produced his discharge from on board a ship to prove he could not have been acquainted with Symonds so long as he had said, but it appeared to be dated September 20.

All three guilty Death .

566. (M.) James Mutter , was indicted for the murder of John Anderson Sept. 1 ; he also stood charged on the coroner's inquisition for the said murder.*

William Tompson . On the 31st of August, about eight at night, James Anderson , the prisoner, and I, went to Mr. Black's house, an alehouse in Round Court in the Strand ; the deceased, John Anderson , came in about 10 the prisoner and the deceased wagered of 3d. about their height; the prisoner lost and refused to pay; the deceased insisted upon it he should pay, but he did not; we came all out of the house to go home about 12 o'clock; going along there were several jarring words betwixt them two; the prisoner told the deceased he would not be abused that way, but that he was his man at any time; the deceased replied, that now was the time ; the prisoner then turned from near the shops towards the middle of the street; I thought he seemed to be flying from him; this was after we had passed the corner of May's buildings; I was before them about three or four yards; I turned back and saw the prisoner strike at the deceased; the deceased called out to his kinsman, James Anderson , and said Mutter had cut him. He came home leaning on his kinsman's shoulders. We had but a little way home, for we all lodged at Mr. Wadle's, a peruke-maker in St. Martin's Lane. A surgeon was sent for, and there was found a wound on the left side of his head through his scull, which bled very much; he had also a wound on his left arm, and another on his left thumb.

Q. Did you see any weapon in the prisoner's hand when he struck the deceased?

Tompson. I did not, my Lord. The deceased died on the nineteenth of September, and this was done on the 31st of August. I think he did not keep his bed the first and second days, but he never was out of the house after.

Q. Was he on his legs when he received these blows?

Tompson. He was not down at all.

Q. Did the prisoner strike the deceased above once?

Tompson. He did, and they seemed to be levelled at his head.

Q. Did you see the deceased strike the prisoner?

Tompson. No, my Lord, I did not.

Q. Was it a light night?

Tompson. It was not, but I saw this by the light of the lamp. I turned back at the time the deceased called out.

Q. What sort of wounds were there?

Tompson. They were all cuts.

On his cross-examination he said, The prisoner and the deceased seemed always to be very friendly to each other; that he could not tell but the deceased might have struck the prisoner before he turned back; that the deceased was standing in the same place he did when the prisoner went into the middle of the street.

James Anderson . The deceased and I were first cousins. On the last day of August, about eight at night, Mr. Tompson and I went to Mr. Black's in Round-Court, to see for one Mr. Bonner, a painter, for Mr. Tompson to deliver a letter to him, but not finding him I came out again, meeting the prisoner at the bar just without the door; upon which we went up stairs, and had some steaks together. About ten o'clock the deceased came into our company; we were then drinking the third pot of beer. There was a wager laid about the height of twelve new halfpence, when laid one upon another, for a pot of beer, and Tompson lost. Then the deceased and the prisoner wagered about their heights; the prisoner laid that the deceased was not an inch taller than he was; they were measured, and the deceased was taller by an inch and a half, so the prisoner lost. We had six pennyworth of rum and water for the two threepences lost; Tompson paid his, but the prisoner refused to pay his threepence, so the deceased paid it for him. They had words; the prisoner put down half a crown, saying he would not pay the wager, but would spend half a crown with any man, and desired any of us to cover it; but as we did not chuse to spend any more, we all four went out to go home. It struck twelve just as we were going out of the house; we went on till we came to Chandos-street, there they had words, and the deceased called the prisoner scoundrel ; the prisoner said he was no more a scoundrel than he was, and that he was his man at any time; to which the deceased replied, Nothing like the time present. I smiled and said, I hope, gentlemen, you will not quarrel about so small a matter as threepence. I walked pretty hard on towards May's Buildings; being about seven yards before them, I looked behind me, and saw the prisoner give the deceased three or four blows towards the head. I saw no weapon in his hand. I saw the deceased hold up his hands to guard his face, but made no resistance as I saw. I turned back a step or two, and the deceased said, James, I believe Mutter has cut me with something or other; then I saw the blood run much. We walked pretty hard home; when we came there a light was brought immediately, and there was found a large wound on the deceased's left temple, which seemed to be cut. A surgeon was sent for, and upon searching him farther, we found a wound on the prisoner's left arm; it was a cut about an inch and a half long: there was another cut on his left thumb, and a little wound below his eye: they all seemed to be done with a sharp pointed instrument. The prisoner came home with us, and the deceased ordered the watch to be called, to take him into custody.

On his cross-examination he said, The prisoner and the deceased lived together in a friendly manner; that he knew of no malice betwixt them; that he turned about on his own account, not upon the calling out; that it was possible there might have been blows before he turned, &c. that the deceased said, before he died, he was sorry for poor Mutter; that as the deceased was going to be put to bed, (there was Mutter in his own bed) he shewed him his blood on his sleeve, saying, Mutter, do you see your own handy works? Mutter answered, It was all your own fault, you was the first aggressor; then the deceased ordered the watch to be called, to take care of the prisoner: that it was about two or three minutes after the word scoundrel, that he saw the blows; that he had used to look upon the prisoner to be a good natured man, and the deceased likewise; that they were facing each other at the time of the blows; and that he thought the wounds were the cause of his death.

William Wadle . They all four lodged in my house. They came in on the first of September, a little after twelve in the morning, and the deceased was bleeding at the left temple very much; my wife held her apron to it, and the blood ran down on the floor; he said, Take care of Mutter, for he has cut me, and I shall die; so his kinsman went and called the watch.

Q. Did he say what he was cut with?

Wadle. He did not, my Lord. When the watch came, the surgeon said, Perhaps the wound may not be dangerous, you had better not take Mutter up with the watch yet; to which the deceased replied, No, I will not hurt poor Mutter, for I do not know what ailed him to hurt me, but I was afraid he would do mischief with the knife. I gave a man a small sword to threaten the prisoner, if he should come down stairs, fearing he might be mad. After that I went up to the room where he was, saying, You have cut Anderson. It is his own fault, replied he, for he struck me on the temples first; then shewed me a little place on his forehead, where he said the deceased struck him. I said he ought not to have taken a knife to him for that, desiring him to give the knife to me; he said he would not: then I said to one Steward, who was in bed with him, Get out of bed, and went to Mutter again, saying, Give me the knife; he replied he would not: then said I, Throw it out of the window, he said he would. Upon which he threw up the window, making a faint motion with his hand, but I did not see any thing thrown away. He did not deny cutting him, but did not say whether he had, or had not a knife.

Q. What sort of a place was that on his forehead?

Wadle. It was a little red, and a little rising, but I took very little notice of it. After that the deceased insisted upon our taking care of Mutter, so the watch was sent for again.

On his cross-examination he said, They two lived in great friendship together; that he judged the small place on the prisoner's face was not done with a hand, except it was done with one nuckle; that it was very small, if given at all; that the prisoner was as sober a lad as could be in any body's house; and that they all lived together in friendship like brethren.

Mr. Steward. I was the prisoner's bedfellow, but was asleep when he came to bed; they awaked me, and I saw him sitting in the room: I asked him what was the occasion of that noise? he said he and Anderson had quarrelled about a wager, &c. that he had lost, and that he had refused to pay it in the publick house. Coming out in the street, the deceased called him scoundrel; that he answered, I am no more a scoundrel than you are; and that at the end of the quarrel he believed he had cut him. I asked him what he had in his hand, but he made no answer. Presently after the landlord came into the room, and taxed him with cutting the deceased with a knife, desiring him to give it him, which he refused; then, at his desire, he made a seint, as if he threw it out of the window, but whether he did, or did not, I cannot tell. When the surgeon had dressed the deceased, the deceased came up and said, How could you use me so? the prisoner replied, You struck me first, but the other denied that he ever struck him at all; then he went down, and the watchmen were sent for, who came and took the prisoner away.

Mr. Kelley. I am a surgeon. I was called to the deceased between twelve and one in the morning on the first of September, and found him bleeding from three several wounds; I dressed them, and attended him to the day of his death. During the course of my treating him, I found none of the wounds in any danger, except that on his temple, and that I believe was the cause of his death. I found the instrument, which must be sharp pointed, had penetrated the scull, and wounded the brain.

Q. Was the deceased sensible ?

Kelley. He was not delirious at first, but was afterwards at times.

Q. When did he die?

Kelley. He died on the nineteenth of September. His other wounds were one upon the back part of his left arm, the other on the left thumb, and a little scratch under his eye; they all appeared to be done with a sharp pointed instrument; the flesh was raised on his thumb, but not cut intirely off, it being only divided from the part; that on his head was on the temperal bone. I was with him the night before he died, about the hour of ten, he was then insensible, and he died about two the morning following.

Q. Did he ever say any thing to you about this quarrel?

Kelley. Sometimes he would exclaim against the prisoner, saying, he could not think how he came to do so bad a thing.

Q. Did he say what he struck him with?

Kelley. He said he did not know he had struck him with any thing but his fist, till he found the blood running down.

Q. Did he say he had struck the prisoner?

Kelley. He said he did not strike him; but he did not tell me the particulars of what passed in the street, as I remember.

Q. Was he in his senses when he said he did not strike the prisoner?

Kelley. He seemed as if he was quite master of his senses at that time.

Prisoner's Defence.

On the 31st of August the deceased and I came out of this house in Round-Court in the Strand; we had some words about a wager for a pot of beer. When we came to Chandos street, he called me scoundrel, and said he would kick me, but on my saying I would not allow it, his cousin came and prevented him. After that, he said he would fight me for a guinea, then for a crown; he also struck me on the forehead, which caused a bump.

To his Character.

John Scott . I have known the prisoner from his infancy. I went to school with him. He is of a peaceable disposition.

Robert Tompson . I have known him from his infancy; he was always peaceable, sober, and discreet. I never heard that he was given to quarrel.

Alexander Comming . I have known him about a year. I never heard him called a quarrelsome man. He always behaved himself quietly.

James Reney . I have known him some time; he was always peaceable, and not a person of a rankorous disposition on any consideration.

Mrs. Cleland. He once lodged with me, and always behaved quietly.

James Young . I have known him from about the time he came to London, which is about a year ago, and he appeared always to me to be a sober young man, for I never saw him addicted to any passion whatsoever.

Margaret Green. I have known him about a year, when he lodged with Mrs. Cleland. I never took him to be of a quarrelsome disposition, but of a mild good natured temper. I lived in the house he lodged in, and never saw him disguised in liquor.

William Williamson . I was servant in a house where he lived. I have known him about half a year. He has a very good character; he is not a quarrelsome man.

Guilty of Manslaughter .

[Branding. See summary.]

567 (L.) Thomas Newcomb , was indicted for stealing one copper vessel, weighing nineteen pounds, value 19 s. the property of Christopher Medcalf , Oct. 9 . + .

Acquitted .

568. (L.) John Blee , was indicted for stealing one silk handkerchief, value 15 d. the property of William Wills , privately from his person , October 10 . + .

William Wills . This day sevennight, passing along Ludgate-hill , between twelve and one, Peter Bartlift called out, Sir, you have been robbed. I turned about, felt in my pocket, and missed my handkerchief; I then cast my eye into the prisoner's pocket, and there I saw it; upon that he drew it out, threw it into the kennel, and I took it up. It was a silk handkerchief.

[Produced in court, and deposed to.]

Peter Bartlift . This day sevennight, going along Ludgate-hill, I saw Mr. Wills, the prisoner, and two more men by him; I happened to have occasion to blow my nose. I came along side the prisoner and his two companions. I thought they catched at my handkerchief, so I put it into my breast pocket. I had my eye upon these chaps. I turned about, and saw the prisoner close behind Mr. Wills. I saw him take the handkerchief out of Mr. Will's Pocket; upon which I collared him, saying, You rascal, you have picked the gentleman's pocket. Sir, said I to Mr. Wills, he has picked your pocket; then the prisoner handed it to one of his companions, who dropped it, and the prosecutor took it up.

Prisoner's Defence.

I went to take the handkerchief from off the ground, seeing it lie, and the gentleman laid held of me, saying I took it out of his pocket.

To his Character.

Mary Williams . I know the prisoner by sight very well, I know no harm of him, I believe he is a very honest lad.

Anne Hopkins . I have known him about two years, I never heard any harm of his character, I have seen him willing to go of an errand for a bit of bread.

Terence Dear . I have known him about three years, he lives very hard, and is an object of charity.

Jane Maynard . I have known him about a year, I never heard any ill of him before.

Guilty 10 d.

[Transportation. See summary.]

569 (L.) William Smith , was indicted for stealing one pound and six ounces of brass, value 12 d. the property of William Gyles , October 11 .

+ Guilty 10 d .

[Whipping. See summary.]

570. (M.) William Eliot , was indicted for stealing one yard and half of leaden pipe, value 2 s . the property of Thomas Rapley , Esq ;

+ Guilty .

[Transportation. See summary.]

571. (M.) Elizabeth wife of Francis Medows , otherwise Wills , was indicted for stealing four yards and three quarters of lawn, value 20 s. 26 yards of printed cotton, value 3 l. the goods of Edward Eyres , in the shop of the said Edward , September 21 . ||

Edward Eyres . I live in York-street, Covent-Garden , and am a linen draper . On the 21st of last month I had been into the city; upon my return I found the prisoner in the shop looking at some lawn. As I passed by her, I heard one of my servants tell her, he was surprized she should offer him less than half the value of it. I took notice of her, and apprehended, by her appearance, she could not have occasion for such a thing; and, by her offering so low a price, I thought she could not come to buy, but to steal. This made me determine to watch her; but I had occasion to leave the shop for four or five minutes; and at my return again, I saw between her and the compter, as she was fitting, something that seemed considerable bulky; she was putting it under her petticoats. As soon as she saw me drawing nearer, she lifted up the right side of her gown next me, and covered it. When I came up to her, I could not see what she had got; but upon my passing behind her, and going on the other side, I saw part of a piece of printed cotton; about eight inches of the selvidge lay upon the floor uncovered at her left side, the rest of it was under her petticoats; the piece was folded. I went behind the compter, and looked at her again. I took a book and laid it before me, and with a pen made believe I was writing. At the same time I observed she kept drawing it up under her petticoats. After I was sensible she had drawn the greatest part of it up, I went forwards and spoke to three or four people of mine near the door, and ordered them not to go backwards to prevent what I thought was going forward, and if she took the piece of cotton away they should follow her and bring her back again. Soon after, she came forward, and went out into the street; as she was going out, I saw part of the cotton hang down below her coats. When she was gone 20 or 30 yards, I sent two of my people, Mr. Maycomb and Mr. Boston, who brought her back. They carried her backwards; a mob gathered about the door; I stood there; she dropped the piece of cotton as she stood; I sent for a constable; he searched her; and, in my presence, he found a remnant of lawn upon her, my property, under her petticoats; both produced in court and deposed to

Nathaniel Mills . I live servant with Mr. Eyres; the prisoner has used our shop for six months; she came to look at some lawns on Saturday the 21st of September; I shewed her some; she bought a yard and paid for it, at 6 s. per yard. After that she went out of the shop; I did not see her take the lawn or printed cotton; he looked on the piece of cotton and lawn. These are Mr. Eyres's property; the cotton is worth 3 l. the lawn 10 s. and more. The piece of cotton came from the printer's that morning, and was lying on the compter when she came in.

Henry Boston . I am servant with Mr. Eyres. The first time I remember seeing the prisoner was Saturday September 21. I had been out of the shop some little time; when I came in again, Mr. Eyres told me the woman had taken some cotton. After that she came forward; I saw something hang down, it dragged the ground, as Mr. Eyres had described. Then she went out of the shop; so he ordered me and Mr. Maycomb to follow her, and bring her back. We went after her, and took her before she had got far; we brought her back, and placed her in the middle of the shop, I on one side of her and Mr. Maycomb on the other ; he stooped down and picked up the piece of cotton which she let fall to the ground.

Q. Did you see it fall?

Boston. I did not; but when we brought her into the shop, there was nothing lying upon the ground. I wrote the initial letter of my name, and the initial and final letters of my surname upon the cotton. After that, she complained she was not well, and sat down upon a stool; then the constable came and searched her; I saw him take the piece of lawn from her, on which I wrote my name with a black pencil; it is hardly to be read now, but I am positive it is the same. Then she was committed.

William Newcomb . I live with Mr. Eyres. I remember the prisoner coming to our shop a number of times on the 21st of September; I saw this piece of cotton hang down below her clothes when she was buying the lawn.

Q. Why did not you speak to her then?

Maycomb. We let her go out of the shop in order to take her. After she bought the lawn she went out of the shop, and we followed her; she had not gone above 20 yards before we apprehended her, brought her back, and placed her in the middle of the shop, where she let the piece of cotton fall from under her petticoat; I took it up and wrote my name upon it; it is Mr. Eyres's cotton; it came that forenoon from the printer, I asked the prisoner how she could do so; she seemed much affrighted, and desired a glass of water, and to sit down. The constable searched her; I saw him pull the lawn from under her gown or petticoat; it is my master's lawn.

Thomas Burton . I am constable. On the 21st of September, about six o'clock in the evening, I was sent for to Mr. Eyres's. The prisoner was sitting upon a stool, complaining she was very ill; she had no mind to get from the stool; I lifted her up, and felt something soft tucked under her stays behind ; I put my hand up under a petticoat or two, I cannot say which, and there found this piece of lawn; I wrote my name upon it; here it is.

Prisoner's Defence.

I never had sight of the cotton till I saw it in the gentleman's hand.

Guilty Death .

See Number 125.

572. (M.) Lawrence M Duff , was indicted for stealing a promissory note bearing date July 24, 1750, for the payment of 34 l. by which note the said Lawrence did promise to pay Effee Walker , widow , now Effee Jefferies , upon demand or order, it being then unsatisfied , for Feb. 16 .

++ Acquitted .

573, 574. (M.) Emanuel Clark and Weston Rakes , were indicted for robbing Thomas Tipping on the king's high way of a hat, value 5 s. one penknife, value a penny, and one halfpenny in money , September 16 . ++

Thomas Tipping . I am a surgeon , and live in Hatton Garden . On Sunday September 15, between twelve and one at night, about the middle quarter of Hatton Garden. I was coming home I was collared by two persons, with this expression, d - n your eyes, deliver your money, or I'll blow your brains out. I can swear Weston Rakes was one of them, he took hold on me first; out of one of my breeches pockets they took a halfpenny and a penknife, from another a case of lancets and a bunch of keys. Upon my request, Rakes gave me the lancets and keys again. Then they said they must change hats with me; Rakes took off my hat, put his on my head, and bid me a good night; then they ran away. A penknife, which he lost that night, was produced and deposed to.

Q. Was it light?

Tipping. There was a lamp on each side me; Rakes faced one of them. They were taken on the Monday; I had word of it; I went to Clerkenwell Bridewell on the Tuesday morning. As soon as I got in, I pointed at Rakes and said, there is one of them. They were carried before Justice Fielding, where they both confessed the fact.

Q. Was that confession put in writing?

Tipping. It was not.

Q. What did they say?

Tipping. Rakes said Clark took the halfpenny and that he himself took the case of lancets and changed hats; he said I gave him my hat, but I did not.

Clark said he was equally guilty with Rakes ; ( an old hat produced in court). Rakes owned this hat to be his, and that he left it with me; and that they sold my hat in Rag Fair for four shillings and a pot of beer.

Q. Was that halfpenny all you had about you?

Tipping. I had more money, but I had put that in my breast pocket, where they did not search.

Q. What do you say as to Clark?

Tipping. I believe him to be the other, but I will not swear to him.

Q. Had they any arms ?

Tipping. I saw none but two sticks.

Samuel Philipson . I took the two prisoners at the end of Fleet-market, the Monday in the last Sessions. I knew Clark before. I searched his pockets, and in his right hand pocket I found that penknife the prosecutor has sworn to. I was directed to Mr. Tipping on Tuesday morning, by a person who he had told of his being robbed, and he said he believed he should know one of the persons: said I, Do you know your knife? then he described it, saying, there was a flaw at the point of it. (which there was.) We went with them before Justice Fielding the next morning, where Rakes said, Sir, I will tell the truth, adding, Mr. Tipping said we jumped from the step of a door, but we crossed the road, laid hold of him, and robbed him of a hat, knife, and a halfpenny. He was asked if this was his hat which he left with Mr. Tipping; he said it was. The Justice then asked Clark what he had to say for himself; he said he could not deny but both of them robbed the gentleman. When they came away from thence, Clark d - d the other, adding, You might have saved your life, but now you have hanged us both. There were four of us to take them.

Tipping. I have made enquiry since, and find Rakes to be of a very honest family, and that he had bore an extreme good character. I believe, by his behaviour, that this was his first fact.

William Jones . I assisted the constable in going before the Justice. I heard the prisoners both confess as beforementioned.

The prisoners had neither of them any thing to say.

To Rakes's Character.

Joseph-Nicholas Smith. I have known him above these six years. He has had an opportunity at our house, by coming to his aunt who lives with us, of taking things of value, but we never missed any thing. He is a very ignorant lad.

George Randolph . I have known him from his birth, but not much of him for these four years last past. I never heard any thing amiss of him before now.

Mr. Reynolds. I have known him these twelve years, and I always looked upon him to be an ignorant harmless boy. I verily think he is defective in his understanding. He was errant-boy to my father about four years ago. I never heard any thing amiss of him before this.

Mr. James. His family lives next door to me. He is now an apprentice to a hatter. All the time he was at home I never heard any thing amiss before this.

Mr. Leaper. I have seen him several times at his father's, and knew nothing amiss of him then, but know very little of him since he has been apprentice.

Charles Newil . I have not known much of him since put apprentice, but he behaved well before.

Both guilty . Death .

575. (M) Francis Doe , late of Walton on the Maze, in the county of Essex , was indicted for smuggling on the 4th of August, 1751 . + .

Acq .

576. (M.) Robert Martin , otherwise Tinkey Martin , was indicted for smuggling on the 8th of October, 1750 .*.

Acquitted .

See Number 524.

577. (M. ) Richard Parsons , commonly known by the name of Brass , was indicted for smuggling on the 11th of September, 1751 .*.

Acquitted .

578. John Harvey , was indicted for not surrendering himself according to the King's order in council .

No evidence being produced for the crown, the issues were found for the prisoner.

He was a second time indicted for smuggling .

No evidence being produced, he was acquitted .

579. James Holt , was indicted for not surrendering himself according to the King's order in council .

No evidence being produced for the crown, the issues were found for the prisoner .

580. James Arlington , was indicted for not surrendering, &c.

No evidence being produced for the crown, the issues were found for the prisoner .

581. (L.) Robert Baker , was indicted for stealing eight bushels of oats, value 16 s. the goods of Thomas Delamote , Oct. 3 . || .

The prisoner was servant to the prosecutor, and had carried out the oats mentioned without order; which being only a breach of trust, he was acquitted ; but as he had given a receipt of his own hand writing, with his master's name signed to it, he was detained to be tried for forgery.

582. (L.) Edward Pimm , was indicted for stealing one mahogany tea-chest, value 5 s. the property of James Brown , October 15 . || .

James Brown . Last Tuesday morning, as soon as I got up, I was told by one of my men there was a tea-chest stole out of my shop by one of my men. The prisoner worked journeywork with me, when the chest was missing, and it was found again on the Wednesday morning following at Mr. Harper's, a pastry-cook at the corner of Ave-mary Lane in Ludgate street [Produced in court] I had two chests like this; I really believe it to be mine.

Henry Oliver . I live with the prosecutor. This chest is my master's; I saw it in his shop on the Tuesday morning. I was in the cellar at night with the prisoner, and fastening up the windows, and going from one window to another, I saw through a crack the prisoner, who was then going out of the shop, take a tea-chest out of the shop window, put it under his coat, and carry it out. I ran up, and told my master of it.

Q. Did he use to lie in your master's house?

Oliver. No, he did not. He came to work the next morning.

Thomas Harper . I keep a pastry-cock's shop in Ludgate-street. To my knowledge I never saw the prisoner before he left this chest at my house on Tuesday in the evening; then I was behind the counter. He desired me to let him leave it half an hour, and I ordered my man to put it behind the door. The next morning a man came for it, but my servant told him he was not the person that left it, therefore would not deliver it to him. About half an hour after this, the prosecutor and another man came; he said it was his property, and he would swear to it.

Q. Are you sure it was left by the prisoner at the bar?

Harper. I am pretty sure it was.

Q. to Prosecutor. Who was it that went to Mr. Harper's with you?

Prosecutor. It was one of my journeymen.

Harper. I went with the prosecutor to see the prisoner in custody, and knew him again.

Q. How came he to leave it at your shop?

Harper. It is common for people to leave things at our shops, they being open later than other shops are.

The prisoner had nothing to say.

To his character.

Mr. Hudson. The prisoner is my apprentice ; I have had him seven years and upwards; and have trusted him to carry out bills and receive money. I never knew him to defraud me.

Q. What are you?

Hudson. I am a chair-maker; I let him work for the prosecutor.

William Everet . I have known him these six or seven years; he is an honest and very ingenious lad; he has had opportunities to wrong persons, but I never heard he did till this affair.

John Lee . I have known him half a year, he has been shop-mate with me. I never knew any thing of him but that of an honest lad before this.

William Buck . I have known him about the time the last evidence has; he came to work at the shop with us. I never heard any ill of him before this.

Edward Parker . I have known him six years and upwards ; he is a very honest sober lad. I never thought he would be guilty of stealing, nor can I think it yet. I have trusted him with goods in our house, and never missed the value of half a farthing.

John Smith . I have known him about five or six years. I always thought him an honest sober lad.

Guilty , 10 d.

[Whipping. See summary.]

583. (L.) Henry Parsley , was indicted for stealing one guinea and nine shillings in money , the property of Samuel Jervise , October 3 . || .

Q. to Samuel Jervise . How old is the prisoner?

Jervise. His mother told me he was fourteen years of age. He came to me to be my errant-boy on the 30th of September. I am a turner. On the Wednesday following, he took an opportunity of going into my compting-house, the door not being locked, took out a guinea in gold, and eight shillings in silver, out of a drawer. The next day he took two sixpences.

Q. How do you know this?

Jervise. By his own confession before me and several others. My wife told me on the Wednesday morning there was so much money deficient in the bag. The boy being in the shop, heard us talking; I mistrusted him, and told him he should go before my Lord Mayor if he would not tell; which he did. I have got one shilling again from him.

John Sharp . I live opposite to Mr. Jervise's, and he called me over to hear what the boy would say on the third of October. The boy confessed he robbed him of a guinea and eight shillings; that at another time he took two sixpences, one of which had a hole in it; and that he said he gave the sixpences to his mother, who owned she had received them of him. She was taken before my Lord Mayor, but discharged since.

Q. Were there any threats made use of to induce him to confess?

Sharp. I heard none at all.

Barnard Hammon . My master missed the money, and the prisoner was missing some time. He was found in Chick-lane with some boys; he produced one shilling, and confessed he had confiscated the rest amongst the boys.

The prisoner had nothing to say.

Guilty, 10 d.

[Transportation. See summary.]

584. (L.) Joseph Albey , was indicted for stealing one silk handkerchief, value 3 s. the property of Thomas Harley , privately from his person , Sept. 24 . ++ .

Thomas Harley . On the 24th of last month, between seven and eight in the evening, as I was coming by the Mansion-house with Mr. Torin, who said he believed there were pickpockets about us; upon which I put my hand in my pocket, and missed my handkerchief. I turned about, and laid hold on the person next to me, which was the prisoner. Mr. Torin and I were arm in arm. The prisoner seemed to be cramming the handkerchief into his breeches. I took it out of his hand. I was going to let him go; but it happening to be opposite the constable's house, he came over immediately, and took him to the Compter.

[The handkerchief produced in court, and deposed to.]

Q. When did you make use of it last?

Harley. I think I had felt it in my pocket about a minute or two before.

James Torin . We were just turning round the Mansion-house, arm in arm, when I found somebody busy about us; I turned round, and catched the prisoner by the collar, saying, I believed he was going to pick my pocket, being as close to me behind as he could. Mr. Harley put his hand into his pocket, and said he had lost his handkerchief, so he also laid hold of him. I saw the handkerchief taken out of his hand; he had his hat before it.

Prisoner's Defence.

Going along I saw the handkerchief lying on the ground, I picked it up and put it into my hat, when the gentleman turned round, and said I was going to pick his pocket.

Guilty, 10 d.

[Transportation. See summary.]

585, 586, 587. (L.) John Cronder , William Reynolds , and John Russel , were indicted for stealing one quart copper pot, value 12 d. the property of Samuel Newton , October 5 . + .

Samuel Newton . I am a brasier and founder . I was at a neighbour's house, and one Godfrey Arnot came for me there. I saw Cronder and Reynolds, and my copper pot; he charged them with stealing it; that Cronder took it, and gave it to Reynolds. Reynolds said they two had been at the window, and that a third was standing at a little distance.

Godfrey Arnot . My master's next door neighbour came and asked me if we had not lost something out of the window; I looked, and missed this quart pot from off a rail; I ran down the street, and saw the three prisoners running all together ; I took hold of two, but the other got off over Tower-hill. Reynolds had the pot in his hand; he confessed that Cronder took it, and gave it to him.

Q. to the Pros. How old are the boys?

Prosecutor. Reynolds's mother told me he is between eleven and twelve years old. I don't know the ages of the others.

Cronder's Defence.

I am twelve years old next July. We did not take this pot, it was given us by three boys, who told us they found it in the rubbish over against the door. We took it, and went along quietly.

Reynold's Defence.

Three boys gave the pot to us. I don't remember I ever said Cronder gave it me.

Reynolds guilty .

Cronder and Russel acquitted .

[Transportation. See summary.]

588. (M.) William Jones , was indicted for stealing five hundred pounds weight of Scotch coles, value 5 s. the goods of Henry Smith , October 1 . + .

The prosecutor's lighter, loaded with Scotch coles, was cut away head and stern; she was seen driving near the Horseferry , and a man seen in a boat to row off from her by George Tatton , who was going up into Chelsea-creek ; that before him he saw that boat go up the Creek, but before he got up he lost sight of her. When he was about half a mile up, he saw the prisoner unloading some Scotch coles out of a boat, and saw no other boat but that. The coles were carried into a yard. The prosecutor on searching, found three parcels of coles in three separate places at Sandy-end, that the prisoner had sold by the bushel, but could not swear to them ; neither could Tatton swear to the identity of the boat that went off from the vessel out of which the coles were missing.

Acquitted .

589. (M.) Judas Moses , was indicted for stealing three yards and a half of silk, value 20 s. the goods of John Williams , October 8 . + .

Acq .

590. (M.) Thomas Dollison , was indicted for stealing one jib fail, value 3 s. one iron anchor, one iron horse, one cable rope, two pump spears, and one travelling iron , the goods of Henry Haynes , Sept. 19 . ++ .

Guilty .

[Transportation. See summary.]

591. (M.) Mary Dowett , widow , was indicted for stealing four silver spoons. value 11 s. two linen shirts, two Holland sheets, one damask table cloth, and one damask napkin , the goods of John Evans , Aug. 30 . ++ .

John Evans . I live in Old Bond-street . The prisoner came to me a servant in the middle of July; she staid till the 29th of August, upon which day I told her my servant, that had lived with me before, was coming again, and ordered to get her things ready that day; there were due to her about 22 or 23 shillings. I sent a guinea to change; the lad could not get it changed, so I did not pay her, but gave her half a crown, and bid her come for the rest in the morning. I looked over the things, and missed one large table spoon, three tea spoons, a strainer, all silver; two shirts, a pair of sheets, two table cloths, and one napkin. She did not come for her money. I sent my boy to enquire amongst her acquaintance after her, why she did not come for her wages; but could not hear of her. I went to Justice Lediard and had a warrant of suspicion; I advertised the things; I had the large silver spoon brought by Mr. Gunston, a pawnbroker in Piccadilly, his boy had stopped it. I desired him to look if he had any other of the things. After that, he brought me two tea spoons, tongs, and strainer; I asked him in what name they were pawn'd; he said in the prisoner's for six shillings; I paid him. Two days after that, I had another pawnbroker from the corner of Coventry Court, with two shirts; in a short time he brought one table cloth and one napkin. About a fortnight after, I had intelligence where the prisoner was; so I got a constable, and took her before Justice Lediard. She acknowledged the taking the things as soon as I took her; she also did the same before the Justice. She had pawned some of them in the name of Mary Johnson : she acknowledged there was a pair of sheets at a pawnbroker's ( Robert Davis ) on the back of St. Anne's church.

Robert Davis . I live on the back of St. Anne's church; (he produces the sheets) the prisoner brought these to me; the constable and Mr. Evans had them of me; the prisoner brought them on the 16th or 18th of July last. She owned before the Justice they were Mr. Evans's goods, and that she took them out of his house.

Q. Was her confession taken in writing?

Davis. No, my lord, it was not.

Thomas Shirley . I am constable; I heard the prisoner own she pawned the goods at three several pawnbrokers, and that they were Mr. Evans's things.

Prisoner's Defence.

I did not take them in the way of theft, I was his servant, and when I was short of money, as he would go away three or four days together, being a stranger in the place, as every thing I was to pay for, except meat, bread and beer, was obliged, at times, to carry out these things, but not with an intent to wrong him; I thought to have fetched them home again, and put them in their places when he paid me my bill. I have had but half a crown from the day I went into the house.

Prosecutor. Whenever she asked for money she had it. One day she brought a little trifling bill, it was the time she talks of; I had been out two or three days; I then left her half a guinea; and whenever I went out, I always left her as much as I thought necessary.

Q. What did you owe her?

Evans. I owed her about 1 l. 3 s.

Q. What need had you to send a guinea to change, when that and the half crown would have paid her?

Evans. When the boy came back I said it was as well, and might be lucky it was not changed, for then I could have an opportunity to look over the things before I paid her.

Acquitted .

592. (M.) Sarah Herbert , was indicted for stealing one pair of linen sheets, value 5 s. one quilt, value 2 s. one brass candlestick, value 4 d. one pair of brass snuffers, the goods of William Harper , in her lodging room let by contract &c. December 6 .

++ Acquitted .

593. (M.) John Hicks , otherwise Wilkes , was indicted for stealing one perriwig, value 3 l. the property of John Bedford ; one perriwig, value 10 s. the property of Joseph Tarris , July 10 . ++

John Martin . I am a perriwig-maker, and live in Nightingale lane, Wapping . The prisoner worked journey work with me last July; he absconded on a Thursday night; when I went to do up the wigs on Saturday morning I missed two, one the property of Mr. John Bedford , which cost him three guineas, and not the worse for ware. Mr. Tarris was offered a guinea and half for his but a little before, and would not take it.

Q. When did you see the wigs last?

Martin. They were in the shop just before he went away.

Q. Did you owe the prisoner any thing?

Martin. No, he was at work for me but that day.

Q. Have you seen the wigs since?

Martin. No, I have not; I took the prisoner up yesterday was se'nnight in Barnaby-street Sussex; he was at work there. I took him before Sir Samuel Gore, where he owned he took them out of my shop, and sold them in Rosemary-lane for two shillings.

Q. What was the value of them, second hand.

Martin. One was well worth two guineas, the other a guinea.

Elizabeth Coburne . I was present when the prisoner was taken up, and had before Sir Samuel Gore, where he was charged with taking two wigs out of John Martin 's shop; he owned he took them the 10th of July, and sold them to Mr. Lambert in Rosemary-lane for two shillings.

Prisoner's Defence.

They were two old wigs, that is the truth, nothing worth the money they talk of.

Guilty .

[Transportation. See summary.]

594, 395. (M.) Martin Reynolds , and Elizabeth his wife , were indicted for stealing one sattin gown, value 15 s. one pair of tabby jumps, one quilted petticoat, one flannel petticoat , and other things, the goods of William Apley , Sept. 17 .

The prosecutor not appearing, Acquitted .

596. (M.) Richard Merry , was indicted for that he, together with Robert Stevings, did steal one hundred pounds weight of iron, value 10 s. one hundred pounds weight of lead, value 10 s. the goods of Samuel Steemson , October 5 . ++

Guilty 10 d.

[Transportation. See summary.]

597. (M.) Lucy Beard , spinster , was indicted for stealing two linen shifts, one cheque apron , the goods of ; and,

598. Mary Bourne , for receiving the same, knowing them to be stolen , Sept. 15 .

+ Both acq .

599, 600. (M.) MAry M'Carty , widow , and Margaret Johnson , were indicted for making a false, feigned, and counterfeit piece of coin, in imitation of the current coin of this kingdom, called a shilling , July 31 . ||

Jane Schulchus . I keep a chandler's shop in Rose-street, St. Martin's-in-the-fields. M'Carty came to my house the 31st of July for a farthing-worth of small beer; she gave me sixpence to change, saying, if I did not like it, she would give me another; I did not like that; she gave me another bad one, so I kept them both; I ordered a constable to be sent for to take her up: she was carried before Justice Fielding; I produced the two sixpences; she acknowledged they were the two I had of her, and that she took them in Covent Garden ; he ordered her to be searched; she was taken out into the yard, there we found upon her three shillings and two sixpences wrapped up in some powder, paper, and rags all together; there was also a piece of leather; the rags seemed to have been rubbed. The justice ordered her commitment to be wrote; while it was writing there was an Irishman talked a great deal of Irish to her, and desired her to confess. Then she said to me, and Mr. Clark the constable, in the fore office, (the Justice then being backwards) she had lodged with Mrs. Johnson, who learned her to make this bad money; that she had followed the practice three or four years that she used sometimes to buy bad counters, and they made it their business to go both together; one stood at the door while the other went into a shop to pass the money off; sometimes one went in, and sometimes the other: she said she could not file them so well as Mrs. Johnson. I was two days at the Justice's; the second time Mrs. Johnson was there; they scolded together; one said, you gave me the the money; the other said she did ; thus they accused one another.

Q. What did you understand by their thus talking?

Schulchus. I understood they had both put off bad money; they both said they had. The two sixpences were produced in court.

Henry Clark . I am constable of St. Martin-in-the-fields; I was sent for by this witness to her house, who charged me with the prisoner M'Carty ; I carried her to Justice Fielding, where the two sixpences were produced; the Justice asked her, whether she knew any thing of them; she said, yes, she took them in Covent Garden in exchange for old clothes. The justice ordered me to search her; I took her into the yard, searched her, and found three shillings and two sixpences, some rags a powder like pounce, and two pieces of leather; then I took her again to the Justice, and shewed him the money; she was confounded and could say nothing for herself. Mr. Fielding ordered me to take her into the fore room while he wrote the mittimus. When I had got the mittimus in my hand, I said to her, she must go to goal. An Irishman talked a great deal to her; he told me she would tell me somewhat; so I went with her up in a corner of the room, where she said one Margaret Johnson and she had made it together, and that they followed it three or four years; the last witness was by at the same time. Mr. Fielding granted a warrant against Johnson; we found she lodged at the corner of Russel-street, Drury-lane, at a chandler's shop. I went there and searched the room, where I found a little more powder and a King Charles's farthing. Johnson was not there; we took her up at a cook's shop in Drury-lane and carried her to Justice Fielding on the 31st of July. Then M'Carty was in the office; she said, that is the woman that was concerned with me; there they accused each other; M'Carty accused Johnson with passing two shillings to a pawnbroker. The pawnbroker was sent for; his name is Rotchford ; he came and brought two had shillings. He was asked who put them off to him; he said Johnson did. When I carried M'Carty to the Gatehouse the first day, she said in the coach, she had filed the money but once, and not doing it well she did it no more; but Johnson did that, and she used to whiten them; that they made them of counters or halfpence.

William Anderson . I am one of the beadles of St. Martin's-in-the-fields. At the time Mr. Clark was sent to search M'Carty's lodgings, the Justice had her in his office; she then told him there was a place where they used to rub the bad money, to make it smooth, in the lodgings of Johnson; so I was sent to Johnson's lodgings, with M'Carty and other people with us: she shewed me the place on the floor; there being sand in the room, I brushed away the sand with my handkerchief: there was a smooth place on the floor, which looked as if it was done by such practice; behind a little turn-up press-bed, we found a file, and a short tobacco pipe which had been burnt in the fire, and it looked as if something had been melted in it. This lodging was in a garret at the house of Patrick Reynolds , at the corner of Russel-street.

Walter Rotchford . I am servant to William Johnson , a pawnbroker in Bridges-street, Covent Garden. The prisoner ( Johnson ) has been a customer there several times; on the 19th of Nov. last she brought three handkerchiefs to pawn for 1 s. 6 d. on the 24th she brought a shift for 1 s. 6 d. on the same night she came for them both; she laid down 1 s. 6 d. and a penny for the shift : the shilling was a bad one. Then I was going to deliver the handkerchief. She laid down one shilling and sixpence, and a penny more; that shilling also was bad. When I told her they were bad, she said she had good money in her pocket, and gave me two good shillings. I likewise kept the two bad ones. I shewed them to my master, who ordered me to go and get a constable; she then ran out at the door, and I never saw her again till she was before Justice Fielding. There she said M'Carty gave her them to put off, and that M'Carty stood at our door at that time.

Q. Did you see M'Carty at the door?

Rotchford. I did not, my Lord.

Patrick Reynolds . I live in Russel-street, Covent-Garden. Margaret Johnson lodged at my house about thirty or forty nights; she went out every day, locked her door, and took the key with her I did not know what her business was, nor I never had any reason to suspect her of this; she went then by another name. The other prisoner used to come every morning to her. They said they cried old clothes about town.

John Sandal . I am porter and deputy weigher at the Mint. I am concerned in the coining. [He is shewn one of the bad sixpences, which he rubs on sand.] This appears to be a farthing filed. [ He is shewn two bad shillings, and he rubs them a ] These appear to be brass, made very likely of counters. They are counterfeit, both with respect to the substance and form, but made to look like an old worn-shilling. [He is shewn the powder. ] This is not the powder they use to whiten with, I take it to be the powder of pumice which they rubbed them with, to smooth them.

M'Carty's Defence.

This woman took these pieces out of her pocket and bad me put them off for her, before I came to her room again, and to keep them in that powder, or they would turn yellow.

To her Character.

George Blake . I have known M'Carty this half year and better. She and her husband came to lodge with me on Midsummer-day, and abode there till taken up. I never saw any thing but civility by her. She had liberty to go all over my house, (and I have very valuable things about ) but I never missed any thing.

Margaret Johnson 's Defence.

I never saw any thing of the money; nor was I ever withinside the pawnbroker's shop in my life.

To her Character.

Anne Smith . I live in Drury-lane, in the same house where Margaret Johnson lives. I never saw any thing by her but what was very honest. She worked very hard for herself and child.

Dorothy Smith . Johnson was my bedfellow about a year. I live in Cow Cross. I think she is as honest a woman as any I know. I have left her in my shop many a day. She owes me now twelve shillings for lodging.

Both acquitted .

601. (M.) Elizabeth Strong , otherwise Mary Baker , was indicted for being a common utterer of false money, for that she had been convicted of uttering a false shilling, at Hicks's Hall , on Friday the 10th of May, in the twentieth year of his present Majesty ; and after that she was guilty of uttering another piece of false money, in the similitude of a shilling , on the first of August, 1751 . ++ .

The copy of the record of her former conviction was produced, but not being a true copy, and failing in the proof of that, she was acquitted .

602. (L.) Robert Usher , was indicted for stealing four bushels of malt, value 11 s. the goods of John Poet , Sept.26 . ++ .

John Poet . The prisoner was a servant belonging to a barge, where I was employed to take some malt out. The malt belonged to Deputy Nelson; but as I was carrier , I was accountable for all losses.

Robert Simpson . The lighter lay at Queen-hith , and the malt was delivered into my master's custody. Our lighter lay along side the barge. It was taken out as I was on board to watch it at the head of the vessel, September 26, about nine at night. I saw the prisoner come from on board his vessel upon ours, turned the cloth aside, and threw a sack of malt out into his barge.

Q. How near was you to him?

Simpson. I was within five yards of him; it was moon light as bright as day. After that he came on board, and laid the tarpawling even. I got out of my lighter head, and said here is a sack of malt gone, adding, I saw you take it out of our lighter; he replied, Then you may take it out of my barge again. Then he swore he would turn the lighter adrift ; upon which I called a sculler, went over the water, and acquainted my master. When my master came, he had put it in its place,

Prisoner's Defence.

I never touched the sack, or any thing like it.

William Benning . I am first cousin to the prisoner. I have known him about thirty years. I never heard that he wronged man, woman, or child, but himself.

Q. How himself?

Benning. By drinking.

John Bowles . I have known him these twenty years, and never knew any harm of him before this.

Thomas Carter . I have known him these fifteen or sixteen years, and I never knew any harm of him in my life. I have made many a voyage with him.

John Harding . I have known him these twenty years, and never knew any harm of him.

William Usher . I have known him these thirty years, and have trusted him with a great many pounds. He never wronged, or defrauded me, or any body else, as ever I heard of. I have worked with him these thirty years, at times.

Q. Did you come this voyage with him?

Usher. I did not.

Thomas Jennings . I have known him these twenty years. I never saw any harm by him in my life.

William Sapping . I have known him these twenty years. I could have reposed a confidence in him as far as I would in any common servant. I never knew or heard he was guilty of any thing before this case before you.

Guilty, 10 d.

[Whipping. See summary.]

603. (L.) John Jones , was indicted for stealing one gold ring with diamonds, one silver snuff-box, one tortoise-shell snuff-box, and one laced pair of russles, the goods of Charles Tompson , in the dwelling-house of the said Charles , August 29 . || .

Charles Tompson . I employed Mr. Wilmote, a master-plaisterer, who sent the prisoner to do some white-washing in my house. After he was gone I missed several things, which before were locked up in the drawers, and found the drawers open.

Q. Had he any body worked with him?

Tompson. I cannot say I saw any body else but the prisoner, and a boy to attend him. When I came to enquire the prisoner's character, it gave me more ground for suspicion. I took out a search-warrant, and the constable and I went and searched his house, but found nothing. Upon hearing he was seen with a ring on his finger, described like that I lost, I took him up.

Q. What did you lose?

Tompson. I lost a ring with seven rose diamonds, a silver snuff-box, a tortoise-shell snuff-box, some Brussels lace, and a small silver porringer.

Cross-Examined.

Q. Where was the ring pet ?

Tompson. It was in a mahogany desk buroe.

Q. Who kept the key of it?

Tompson. My wife.

Q. Was it locked when the prisoner came to work?

Tompson. I cannot say it was.

Q. What family have you?

Tompson. I have a servant man, a servant maid, and two sons.

Q. Was this room, when washing, open to any body of the family?

Tompson. At that time it was.

Q. Had not the prisoner a labourer to attend him?

Tompson. There might be for what I know. I will not say there was not.

Q. How many rooms had you white-washed?

Tompson. There were two more rooms beside the room where the things were. He did them all three.

Q. Were not the rooms left open for him to have access from one to the other upon occasion?

Tompson. They were.

Q. When were they finished ?

Tompson. They were finished the twenty-ninth of August.

Q. When had you seen the things last?

Tompson. I had seen the ring on my wife's finger three or four days before.

Mary Tompson . I had the diamond ring on my finger the 26th of August There were seven diamonds of middling water roses. On the 28th I went to my drawers, took up the shagreen case in which my ring was put, and shook it; it rattled. I had my child stood by me; he had been at sea; he asked me what it was; I said a ring.

Q. Did you open the case?

M. Tompson. I did not; but it was a case for only a single ring; and as I shook it, I heard it plain. I missed it the second of September. To the best of my knowledge I locked the drawers, but I will not swear that. The prisoner was at work during the time I had the ring upon my finger, and after I put it in the drawer.

Cross-Examined.

Q. How do you know your ring was not gone at that time you say something rattled?

M. Tompson. At that time I had the case, but when I missed the ring, I missed the case likewise.

Q. What water were the diamonds?

M. Tompson. They were rather of a yellowish cast, not a clear water.

Q. Are you a judge of that ?

M. Tompson. I was brought up in the business.

Q. Did you ever see this ring since?

M. Tompson. No, Sir, I have not.

Q. Where do you live?

M. Tompson. We keep Will's Coffee-house in Cornhill.

Q. Had your servants access to these rooms, during the time of white-washing?

M. Tompson. Yes, Sir, they had.

Q. What room were the goods in?

M. Tompson. It was a one pair of stairs room.

Q. Had the prisoner a labourer to assist him?

M. Tompson. I believe he had, but I don't think he was ever in that room, for it wanted no scraping, nor no mortar. I believe there was none but the boy attended him in that room.

Henry Benson . I am of the same trade the prisoner is of. On Sunday, the first of September, the prisoner came to the Coach and Horses at the lower end of St. Martin's Lane, and asked me if I would drink; he called for a pint of beer, and we sat down together. He had a ring on his finger, which I supposed then to be a diamond ring. I never saw a ring on his finger before.

Q. Describe it.

Benson. There was one stone in the middle, one of each side, and two between of each side, being seven in all; but the middle stone was the largest. It was a very handsome ring. In the afternoon Mr. Kite and I took a walk. When we got into Duke-street, at the Bricklayers Arms, we saw the prisoner and his wife coming along; we called him in, he came, and we drank three or four full pots of beer together, which Mr. Kite paid for; then the prisoner and I called for an eighteen penny tiff of punch, which we paid betwixt us; there I saw the ring again several times. The prisoner was taken on Saturday the seventh at the pay-table; he said he could produce the ring he had on that Sunday; he produced one, but it looked as much like it, as this candlestick is like the ring, (pointing to a brass candlestick.) There were three stones on it, and so black, I don't know what metal it was. The prosecutor asked me if it was the same ring, I said it was not.

Cross-Examined.

Q. How near did you sit to the prisoner at the alehouse?

Benson. We were so near to each other, that we touched one another.

Q. Which finger was the ring on?

Benson. It was on his right hand little finger. I saw it when he went to light his pipe, or take hold on the mug.

Q. Who told you how many stones there were?

Benson. I never was told at all.

Q. Had you and he any quarrel?

Benson. No, none at all.

Q. Did you speak to the prisoner about the ring ?

Benson. No, I did not. Mr. Kite and I talked about it after, but not there.

Q. Are you sure the ring you saw afterwards was not the ring you saw on the prisoner's finger?

Benson. I am sure it was not; it was not like it.

Richard Kite . I keep the Coach and Horses at the bottom of St. Martin's Lane, a publick-house. I remember the prisoner being in company with Henry Benson on the first of September in the morning; I did not drink with them, being too soon in the morning for me. I did not see the ring in my house. I took a walk, and about three o'clock the same day I was in company with him and Benson at the Bricklayers Arms in Duke-street, Grosvenor-square. We had four tankards of beer, and I paid a shilling for them; then they two called for eighteen pennyworth of punch. I there saw a very handsome ring on the prisoner's right hand finger. I could swear to the make of the ring: there was a large stone in the middle, two at the ends drawed into a point, and two on each side. I have not seen such a one these twenty years; it was a seven stone ring, and there was a great deal of lustre.

Q. How long was you in company with the prisoner?

Kite. About three hours.

Q. Was it a diamond ring?

Kite. I have seen a great many diamond rings, it looked like a diamond ring.

Q. What is the prisoner ?

Kite. He is sometimes a master-plaisterer, and sometimes a journeyman.

Q. Did you ever observe he had a ring on before?

Kite. No, not to my knowledge.

Cross-Examined.

Q. How came it you did not see this fine ring in the morning?

Kite. I did not sit down with them then.

Q. Who was it, you or Benson, that spoke first about the ring?

Kite. It was me that first spoke to Benson about it.

Q. How near was you the prisoner when in Duke-street?

Kite. I was within a yard of him three hours.

Q. How came it you did not ask him concerning it?

Kite. Because it would have been a piece of ill manners.

Q. to Mrs. Tompson. What sort of make was the ring you lost?

M. Tompson. It was old fashion make, some may call it a fancy ring, it was set a little odd; it had seven diamonds ; the middle one not very large, five on the shank; and two opposite. The diamonds are roses, but not set like a rose.

Q. How long had it been set?

M. Tompson. Fifteen years at least.

Sarah Griffin . I saw a ring on the prisoner's finger with seven stones in it, in his own apartment, in company with his wife; it looked very well.

Q. When was this?

S. Griffin. It was on a Sunday night about two months ago, I never saw him have such a one on before; I lodged in his house.

Cross examined.

Q. How do you know there were seven stones ?

S. Griffin. I counted them, the middle one was biggest.

Q. Did you speak to him about it?

S. Griffin. No, I did not, nor he to me.

Q. Have you talked with Mr. Tompson about it?

S. Griffin. I never saw him before to-day. I had a subpoena brought me last night; it is very likely I might speak of such a thing, but I did not think to have been brought here about it.

Mary Griffin . I saw a tortoiseshell snuff box in the shape of a book; the prisoner's little girl gave it me into my hand, she had it to play with.

For the Prisoner.

Mr. Bailey. I am a master bricklayer; the prisoner worked for me last summer was twelvemonth for about three months; he is an honest man as far as I know.

Thomas Paston . I am a master bricklayer. I have known him about four years; he worked for me about two months ago. I never heard a bad character of him before this.

Mr. Owen. I have known him about three years. I keep a publick house; he has frequented my house several times; I have left him a great many times where there has been plate, China, linen, and other things, which he might have taken away had he been a bad man. I never heard his character was bad till now.

Ishmael Reves . I have known him betwixt four and five years. I am a carpenter; we have worked together at several places; I always looked upon him to be an honest man.

Joseph Bridges . I have known him between four and five years. I am a carpenter and joiner; I have worked with him several times, where he might have stolen those things; I never heard any ill of him.

James Webb . I have known him betwixt three and four years; he had a general good character till lately.

William Peters . I am a tyler. I have known him about three years; he always had a good character.

Elizabeth Jewel . I have known him above ten years. I knew him in Bristol; he had the character of an honest man.

Mr. Pearson. I am an officer belonging to the Marshalsea Court. I have known him by being about the neighbourhood; I never heard any ill of him till this.

John Hays . I have known him about a year; he has done business for me; he might have robbed me of several tankards; I never heard a bad character of him in my life.

Mr. Holt. I have known him between three and four years; he has been often in my house; I never heard a bad character of him, except this thing. These evidences were all asked if they had ever seen him with a diamond ring on his finger, or any other ring. They all answered in the negative.

Acquitted .

604, 605. (M.) Benjamin Bennet and John Roberts , were indicted for stealing one portmanteau, one silk gown, two callico gowns, one under petticoat, one quilted petticoat, four shifts, two pair of shift sleeves, six linen aprons, seven linen handkerchiefs, two linen neckcloths, one pair of lawn ruffles, one stock, one beaver hat, one cloth cloak, one pair of silver buckles, one silver tea spoon, one necklace, six yards of ribbon, six China cups, six China saucers, two yards of silk, one yard of camblet, half a yard of callico, one pair of stuff shoes, one pair of leather pumps, one vinegar cruet, one pair of worsted stockings , the goods of Robert Colley , Sept. 27 . ++

Robert Colley . I live in Goodmans-fields. The prisoners happened to come into the street where I live with some coals; I wanted them to carry three boxes, a bundle, and a portmanteau, (in the last were the goods lost) to the water side at alderman Parsons's wharff . They asked me 1 s. 6 d. we agreed for a shilling. We put them into a cart, and Roberts rode in it with them; I followed it to the Cock and Lion at the water side; when we came there the three boxes and bundle were taken out. My wife gave them a shilling; they wanted a pot of beer: I went to call a waterman; they drove the cart away with my portmanteau and the goods mentioned in it, not knowing who they belonged to. I went back to the place where they brought the coals; I found their master lived near the Hermitage, and found them also next morning coming to work; I got a constable, and took them up. They denied it; I never heard of the things since.

Q. How long had you been gone for the waterman?

Colley. I had been gone about a minute.

Q. Did you see the cart go away?

Colley. No, my lord, I did not.

Mary Colley . I paid the man a shilling, and he desired me to give him three halfpence for a pint of beer, which I did. He had taken out the boxes and bundles. I did not know but that the portmanteau was out.

Q. Did you see it out?

M. Colley. I did not.

Q. Did you see it in the cart?

M. Colley. I did not, I never moved from the door where the boxes were put down. The cart did not stay above two or three minutes after the things were out. I saw it go away.

Q. Did you see the portmanteau on it then?

M. Colley. No, I did not.

Both acquitted .

606. (M.) Hugh Coffee , was indicted for stealing one hundred pounds in money numbered , the money of Adolphus Hemmings , Sept. 17 . ++

Adolphus Hemmings . I am a German. I met the prisoner in Sydney-alley, about 11 in the morning, on the 6th of last month, near Leicester-fields. I was going to receive a sum of money; he said he had some business in the city; I said I had received the bills; he went with me; I asked him to drink half a pint of wine; I said I wanted the money for these bills. We then being near the Bank, as one was a Bank-bill, the other from the South-sea house, for 25 l. he told me I might have cash for both at the Bank. I went and received the money, and then came to the prisoner at the alehouse, where I told him I had received it. I went home to my house in Rupert-street ; he lodged then by Leicester-fields; he came to my house afterwards. I gave the money to my wife, and bid her put it into a chest in the dining-room. The 7th I had a bill to pay; I told my wife such a man was coming, and I wanted the money to pay the bill. I sent her up for it, and she staid a little longer than ordinary; so I went up, and was then in the bed chamber, and had the money in a child's stocking. I asked her for what money I wanted, which was 7 l. 14 s. she gave it me, and put the other up; it was all gold in the stocking, the silver was in a news-paper, both which she put into a chest of drawers, I saw her. We both came down stairs between seven and eight o'clock, and I paid the man the bill. The next morning I told my wife I wanted some more money; she said it was in the drawer; so I went up with the keys, and found the drawer open, the upper part whereof was broke; I told my wife, who said she locked the drawer. There was the news-paper and about 30 s. in silver; the stocking and gold were gone; my wife said it was Hugh Coffee had done it, saying, I saw him last night go out of the house through the entry, and I thought he came for his wife. I went directly to the house where he lodged, where I met him and his wife; I asked him if he had been at my house last night; he said he had not: said I, you was in our passage between eight and nine o'clock; said he, I was at the Rose and Crown from seven till twelve. We went into a publick house (I think it is the Duke's Head ) and had a dram, where I told him I had lost my money. My wife came in, took hold of him, and said, you are the man that robbed me, and I will charge you. We came all four together to my house. He always denied knowing any thing of the money.

Q. Have you ever seen it since?

Hemmings. No, my lord, I have not.

Q. When had he been at your house last?

Hemmings. He was in our tap-room that same day about four o'clock.

Q. Did you ever tell him where your wife put the money?

Hemmings. No, I never did, but he was well acquainted with my house.

Margaret Hemmingt . I am wife to the prosecutor. I saw the prisoner go along our entry about half an hour after I put the money into the drawers. The bill was paid about seven o'clock. then the money was put there; I locked the drawer, and put the key into my pocket. There were above a hundred pounds all in gold.

Q. Where was you when you saw the prisoner in the entry?

M. Hemmings. I was in my tap-room; he was going out towards the street door from the kitchen between eight and nine o'clock.

Q. Where were the stairs going up to that room where the money was put?

M. Hemmings. The stairs were just by the cellar door in the entry.

Q. Had the prisoner been drinking in your house then?

M. Hemmings. He had not; he did not come into the tap-room.

Q. Did you speak to him?

M. Hemmings. I did not; I thought he was looking for his wife; they used very often to come to our house.

Q. Was there a light in your entry?

M. Hemmings. There was a lamp in the entry.

Q. Are you sure it was he?

M. Hemmings. I am certain it was the prisoner, I can swear that.

Q. Was he searched?

M. Hemmings. He was not.

Q. Did you hear any body come down stairs at that time?

M. Hemmings. I did not.

Q. Who were in the publick room at that time?

M. Hemmings. There were my husband, myself, and some people drinking.

Q. Is there a door betwixt the tap-room and the entry?

M. Hemmings. There is, but that was open at that time, and I saw it was him that passed by.

Prisoner's Defence.

I had wrote a letter and went and left it at the post office; then I went to the Rose and Crown, and staid there till past 11 o'clock at night, and knew nothing of the money being lost till they came the next morning.

Acquitted .

607. (M.) Thomas Simkins , was indicted for stealing one black gelding, value 6 l. the property of Anissiter Thomas , September 26 . ++

Anissiter Thomas. I live in St. James's-street . The prisoner was my servant . I was at Gosport at the time the horse was lost; it was a cart horse worth 6 l. or upwards; he is now at the White Lion at Islington; I have seen him there. I went to the prisoner in Bridewell, who told me he never did such a thing before, and that he was out of his senses. I had trusted him with my horses and other things; he never wronged me before to my knowledge.

Mr. Pullin. I met a man that had but an indifferent character with the prisoner, who was leading this horse; the other man asked me if I would buy the horse; said I, what do you ask for him? the prisoner said, seven guineas. I saw the horse had but two shoes; I bid him three, if he could find me a sufficient voucher; he said the horse was his own; I gave him sixpence earnest: then I said, I will not deceive you, I believe the horse to be stolen, and if you have more in your gang tell the truth, and I'll be favourable to you; he said he came honestly by the horse. I delivered the horse to the hostler (this was at Islington) and went to Justice Chamberlain with the prisoner; he seemed to be an ignorant fellow; we got him some victuals and drink. I believe he was half starved, he had but a halfpenny in his pocket; then he said he took the horse out of Mr. Thomas's field himself; that his master owed him some money, and that he did it for want, saying, sometimes his master would pay him two shillings, but never pay him all that was due, and what he took would hardly keep him alive.

Q. What sort of a horse was it?

Pullin. It was a black gelding, with a star in his forehead. He is now at the White Lion.

Q. to Thomas. Is your horse which you lost such as this witness describes?

Thomas. He is.

Q. Do you owe the prisoner any thing?

Thomas. To the best of my knowledge, I do not owe him one farthing; as to making any particular reckoning I could not, he owed too many little scores up and down.

Prisoner. I was ignorant of what I did.

Q. to Prosecutor. Is he out of his senses at time?

Prosecutor. To me he appears as if he was.

Acquitted .

608. (L.) James Dells , was indicted for stealing one silk handkerchief, value 4 s. the property of John Marlow , privately and secretly from his person , October 16 . ++

John Marlow . On Wednesday last, about eight at night, going over London Bridge , under the Plazzas, where it was darker than ordinary, I felt something touch against my thigh. I put my hand down very quick, and felt the prisoner's hand in my pocket; I catched him by the wrist; he immediately gave the handkerchief a sudden snatch, I believe it was then out of my pocket at his snatching, and that he had conveyed it from his left hand to his right, and thrown it behind him; I turned round and took him by the collar, and said he had robbed me. I found my handkerchief behind the Piazzas on his right side, lying on the ground, it was not above a foot from the place where I stood. He made some struggle to get away from me. I saw two fellows coming up, I ran him into a shop; the gentleman seemed to be a little displeased; but I said, I'll tell you what is the matter in a minute; then these two men I saw pushed in before me. I desired the gentleman to shut the door, which he did; when I had told the gentleman, he was so good as to lend me his man to assist me to the watchman. The two fellows followed me. I went to a constable's house, but he was not at home; so we took him, by the assistance of one John Ward , into St. Magnus's church; he was searched, and seven handkerchiefs found upon him. He was committed to the Compter, and the next day, when we came to carry him before the sitting alderman, he confessed, before me and the goaler, that he had taken to picking pockets for two months; that he sold them in Rag-fair for threepence and fourpence each. There was nobody but him near me when I lost mine.

Q. When had you seen your handkerchief last ?

Marlow. I had not touched it since I came from the Exchange just before.

The handkerchief produced in court with the prosecutor's name marked on it, and deposed to.

John Ward . I assisted Mr. Marlow to take care of the prisoner. I searched him in St. Magnus's church, and found seven handkerchiefs upon him. I heard him say he had followed the trade of picking pockets about a month, and that he sold them in Rag-fair for two-pence, four-pence, six-pence, or what he could get. When Mr. Marlow charged him with taking his handkerchief, he acknowledged that he did; he said he used to drive cattle two days a week to Smithfield-market, and the other four he used to pick pockets.

Prisoner's Defence.

The other seven handkerchiefs I found going over London Bridge in a bundle, and I was going to advertise them; the other I am not guilty of

Q. to Ward. Were the handkerchiefs tied up together, you took out of his pocket?

Ward. They were all separate. I found them one by one.

Q. What sort of handkerchiefs are they?

Ward. They were old linen handkerchiefs, except, I think, two silk ones.

Guilty, 10 d.

[Transportation. See summary.]

609. (L.) James Payce , was indicted for wilful and corrupt perjury on the trial of Edward Dixon at the Old Bailey. ++.

See Number 443.

Note, There were three indictments against Dixon that Sessions for smuggling; that upon which he was cast was on the 8th of October, 46; the second the 13th of February following; and the third on the 11th of March.

David Keaitly produces a copy of the record of the conviction of Dixon.

Mr. Walter Lee. I saw the prisoner sworn upon that trial.

Thomas Gurney . I attend here to take minutes, &c. I remember the trial of Dixon; and that, after the evidence for the crown had finished their part, the then prisoner said, I deny the whole of it, calling two witnesses. The first was Clayton, who called himself a butcher, and said he lived in Hanover-yard. He deposed, that Dixon was his journeyman in the year 46; that he came in June, and continued with him ten months successively, and never lay out of his house a night in that time. The other evidence was the prisoner at the bar, who deposed he knew Dixon in the year 46; that he was Clayton's journeyman; that he had used to buy his meat of Clayton, and that Dixon was the man that used to bring it home; that he used to give him a dram, and talk with him about shooting; that this was about Midsummer; that he went that year to Sturbridge fair, and also to Bristol fair, and would fain have taken Clayton with him to the last mentioned place; that after his return from Bristol, which was on the 27th of July, he went to collect his rents, where he had estates, in Northamptonshire, Warwickshire, and Buckinghamshire ; that he had at that time a mind to have taken Dixon with him, to have been his game-keeper; that Dixon was at Clayton's when he set out; and that when he returned, which was about six weeks after, he was gone.

John Lion . I keep a publick-house. I know the prisoner very well. I live in Hanover-yard, and have for these sixteen or seventeen years. I also know Samuel Cleyton , a butcher; he lived the next door to me in the year 46; he lived there about seven years, when he was taken up. I have dealt with him very often.

Q. Did you know his man servant?

Lion. He never had one the time he lived in Hanover-yard. He had a son and a daughter; she is about fifteen or sixteen years old. He had also a kinsman, who being sometimes out of place used to come there.

Q. Was his name Edward Dixon ?

Lion. No, Sir, it is not. His business was so low, that he might have done twice as much business himself, if he had had it. I used to trade with him when his meat was good, he being a neighbour. In the year 47 I moved over against him, and I could from my house have seen every thing done in his shop. If there had been a man I am positive I must have seen him.

Q. Are you certain he had no servant in the year 46?

Lion. I am positive he had none. I was often at his door, and often in his shop, perhaps two or three times a day.

Cross-Examined.

Q. How came you to six upon the year 46?

Lion. I say the same of all the time he lived in Hanover-yard.

Q. When did he come there?

Lion. I believe he entered upon the house seven years ago last Michaelmas.

Q. Dare you venture to swear he had no servants abroad?

Lion. I can venture to swear he had none at home; if he had one abroad, they must also buy their meat abroad, or I should have known of him, had he come for it there.

Q. Was not there an old man, named Major, used to carry out meat for him?

Lion. Perhaps there was, for a dram or a half-penny, but no hired servant.

Q. Had he used to use your house?

Lion. As my house is opposite to his, he used to come in and smoke a pipe, and observe his shop, &c.

Counsel. Then you seem to have had a great opinion of him?

Lion. No, I cannot say I had.

Q. Did you know one Dixon?

Lion. No, I did not.

Q. Might he have employed one Dixon abroad, and you not know him?

Lion. I can't answer for what is done out of my sight.

Q. Have Clayton and you ever quarrelled?

Lion. No, never; but having heard that he had stole a pint mug at Wapping, and two silver falts, whenever he came into my house to light a pipe, which perhaps might be six or seven times a day, I used to follow him, fearing he should steal something.

Mrs. Lion. I live at the King's Arms in Hanover-yard. The other evidence is my husband. I know Clayton; he lived next door to us, when he first came there. He has lived there about seven years.

Q. Do you remember his living there in 46?

Mrs. Lion. I do.

Q. What do you remember it by?

Mrs. Lion. Because of our removing in 47. He had neither man nor maid as a yearly servant in his house the time he lived there; if he had had either, I am positive I should have seen them. He had not business sufficient to keep a man; he was not very well liked in the neighbourhood.

Q. Are his wife, son and daughter living?

Mrs. Lion. They are all three.

Cross-Examined.

Q. Have you been often in his shop?

Mrs. Lion. I used to go for meat, and to carry in beer.

Q. Had he never a man for a single day?

Mrs. Lion. I cannot say for a single day.

Q. Might he not have a man for two days, and you not know of it?

Mrs. Lion. I cannot say for that.

Q. Might he not for four days?

Mrs. Lion. I cannot tell, but if he had, I think I should have seen him sometime or other. Had he had one to lie in his house for two days, I believe I should have known it.

William Payne . I am a distiller, and live in Oxford-road, five doors from Hanover-yard. I know Clayton; I dealt with him frequently in the year 46; he or his son would come and shew what pretty meat they had; he was dextrous in forcing people to buy of him. I was one of the Middlesex jury in July last, when Dixon was tried. I remember when he was brought to the bar, which I think was on the Wednesday, he petitioned the Court to put off his trial, pleading his witnesses were not here. Upon that he was asked what were his evidences names; he said one was Clayton, a butcher in Hanover-yard, and the other Mr. Payce, a coal-merchant. When Clayton came, he said the prisoner had lived with him ten months. I looked upon him, and was surprised I could not know the man. I go through the yard perhaps a dozen times in a week, and had I known there had been any likelihood of a truth in what they swore, I should never have agreed to brought Dixon in guilty; but I could not believe either of them. My meat was always brought home by himself, his boy, or girl, but I do not remember any maid or man-servant he had. I have since enquired in the neighbourhood, and cannot find any neighbour that knows he ever had a servant.

Edward Sharpless . In the year 46 I lived in Hanover-yard. I am a linen-draper. Clayton lived almost opposite my house, so near, that I could see from behind my counter who went in and came out of his shop. I have dealt with him a little, and I never saw or heard he had a servant. He used to kill now and then a sheep, but a good family would have destroyed all the meat he ever had in his shop at one time; he never had enough to employ himself to hawk about; he has once or twice, since I knew him, killed a bullock. I am sensible he had no servant lived with him in 46; I have been in his shop, and he in mine; I have bid him go out often; he was a very impudent fellow.

William Baker . I lived in Hanover-yard in 46. I am a cheesemonger. I knew Clayton when he first came into the yard, which is about six years ago. I live within two doors of him, but I do not remember he ever kept a servant since he came there. I have been in his shop perhaps once or twice a week. I have bought meat of him. I have seen him have a man for a dram, or a halfpenny, to carry out a joint. He never had much business. There was an old man with him about a twelvemonth ago; Clayton's daughter has come to our house to beg straw for him to lie upon, but he could be no hired servant; though in 46 there was no such.

John Hayward . I am a tallow-chandler, and live in Tottenham-court Road, within two doors of the corner of Hanover-yard, and did in the year 46, and some years before. I knew Clayton when he came there, which is upwards of six years ago; I have dealt with him, but not for a certainty. He carried on but a very little business. I never observed he had a servant; his son and daughter, and sometimes himself, carried out his meat; for they could carry out all he dressed, and three times as much. I am positive if he had had a servant, I must have known it; for he was a bragging stumping man; and if he had kept a man he would have had it up often enough. I have been in his shop perhaps two or three times a day, and never saw such a person.

Q. Are you sure he never had a servant for a week or a fortnight?

Hayward. I am very positive he never had.

Cross-Examined.

Q. Suppose he had had a smuggler for his servant, would he have boasted of him, if he was afraid, or ashamed of being seen?

Hayward. Sir, he would boast of his own folly, much more of another's. Had he had a felon to keep him confined, he might keep that secret; but if he was with him as a servant, he would have boasted of it.

Q. Are you certain he never had a servant?

Hayward. I am well satisfied he never had the time he lived there. I was oftener in his shop in 46 than latterly, since I heard his character.

For the Prisoner.

Charles Here . I did not know Dixon by name. I knew Clayton in Hanover-yard. I live in St. James's Market, in Market-lane. The first of my acquaintance with Mr. Payce was about nine years ago; through him I got acquainted with Clayton. I bought a lot of meat of Clayton in the year 46; I was not at his shop, I bought it over a mug of beer, and I remember a fellow's bringing it home. I never saw him after till the day of execution, when I took one of them to be the person that was Clayton's man at that time.

Cross-Examined.

Q. Where did you live when he brought you the meat?

Here. I lived in Tothill-street, Westminster.

Q. What time was this?

Here. I think it was some little time before the Lords Balmerino and Kilmarnock were beheaded. I was a grocer at that time.

Q. What do you follow now?

Here. I am of no business at present. I have an annuity by right of my wife of 16 l. a year, and I have some little matter left. I cannot say but what I did fail, and compounded with my creditors. I used frequently to see Payce at sales. When I was first acquainted with him he lived in St. Martin's Lane, where he kept a tea-warehouse, and sold stockings; after that he removed to St. Giles's High-street; then he moved into Hanover-yard ; and from thence to Duke-street, Grosvenor-square.

Q. Did you ever deal with Clayton after this?

Here. No, the meat I bought was not good.

Q. Was you at home when it was brought?

Here. I was, and then I saw the man, whom I imagined to be the man that was executed.

Q. Do you believe him to be the man?

Here. Indeed I really do believe he was the man.

Q. Do you remember the man that brought your next lot of meat home after this?

Here. I cannot say so particularly to that, because I have dealt with several of my neighbours.

Q. Who brought home your lot of meat last Wednesday was sevennight?

Here. I don't know.

Q. Who brought it home on Thursday last ?

Here. Sometimes I bring it home, sometimes my wife.

Q. Who brought the candles home on Thursday?

Here. No body brings any thing of that kind, but the baker bread, and a man my coals.

Q. Had you any bread of the baker last Wednesday?

Here. I cannot tell. I was subpoena'd upon the trial.

Q. How far is it from Tothill-street to Hanover-yard ?

Here. They are about a mile distance.

Q. Do you know the man's name that brought the meat home?

Here. No, I do not.

Q. What kind of a man was he?

Here. He was a country looking man, not so tall as myself.

[The court was of opinion Dixon was the tallest.]

Q. What meat did you buy at that time?

Here. There was a buttock of beef, a roasting piece, and a thick flank ; it came to 26 or 27 shillings; I paid for it in halfpence.

Q. Did you pick out this man going to be executed, or was you told which was Dixon?

Here. Several people told me it was Dixon.

Samuel Sells . I am a butcher, and have lived in St. James's Market about a quarter of a year; before that I lived over the water. I knew Clayton about ten years ago, and I knew him five years ago; he had not over and above much business; he had a man that carried out his meat, and I have seen him bring out meat in a tray more than once, twice, or thrice. The man he employed was a country looking, short punched person, about my height, and about thirty years of age. [Note, About the whole head shorter than Dixon.]

Q. Did you ever hear his name?

Sells. I cannot say I have. He had another man lived with him, one Major, within these two or three years.

Cross-Examined.

Q. What do you call living with him?

Sells. If I see a man in a butcher's shop, cracking a joint of meat, or carrying one out, I call that living with a man.

To his Character.

George Crooks . I deal in teas and clothes. I have known the prisoner about fifteen years. I live in Bromley-street, Holbourn.

Q. What is the prisoner's general character?

Crooks. I have no business with peoples characters.

Q. Tell us what you have heard as to his general character.

Crooks. I cannot say I ever heard any ill character of him. He has had goods of mine several times, and has always discharged himself with a great deal of honour.

Q. Has he a good or a bad character?

Crooks. I cannot say I have heard a bad one. I have heard people speak very indifferently of him, but I am not to believe all that is said.

Cross Examined.

Q. Have you heard that he has a bad character?

Crooks. I cannot say as to that, I have not had sufficient proofs.

Q. Speak out, have you, or have you not?

Crooks. I cannot say.

Q. Tell the truth, you are upon your oath.

Crooks. There is not a person in the world that has every body's good word, I can say no farther, you'll be so good as to excuse me.

The counsel for the crown had seven persons of credit to discredit the prisoner's; but not being willing to give the court any farther trouble, they were not called.

Q. to Payne. How old is Clayton's son ?

Payne. He is about 15 years of age, not quite so tall as the evidence Sells, nor so thick. In the year 1746 may be he could kill a sheep or a lamb.

The evidence Here says the man he took to be Dixon was not so tall as he, but in my opinion he was taller.

Guilty .

[No punishment. See summary.]

610. (L.) Lucy Booth , was indicted for stealing two pounds and a quarter of brass, value 1 s. 6 d. the property of Richard Midwinter , September 30 . ++

Richard Midwinter . I am a founder . The prisoner was my servant ; she, according to her own confession, robbed me three times; the last time was the last day of last month. Mr. Spencer came to my house that day and told me he had some brass that he had stopped, brought by my maid; he brought it to me; there were two pounds and a quarter of it. I asked the prisoner how she came to do so; she said she was very sorry for it, and begged I'd forgive her, saying, she was sometimes out of her senses.

Q. How long had she been your servant?

Midwinter. About three weeks. The brass produced in court; the prosecutor deposed to part of it.

George Garret . I live at Mr. Spencer's at the Seven Stars, Fleet Ditch, he is a brasier. Mr. Midwinter lives in Shoe-lane at the Five Bells. The prisoner came three times to my master's shop with brass; the second time my master saw it, and said he suspected she did not come honestly by the brass; the third time I told my master the same woman was come again. He is shewn the brass, and deposes it is what he bought of the prisoner. I cannot tell the day she brought it; I believe it is about a fortnight ago.

Q. Who did she say it belonged to?

Garret. She said it was her own.

Q. What did you give per pound?

Garret. I gave her after the rate of sixpence per pound. I was with her before the alderman; the brass was laid upon the table before her; she owned she took it, and that she was out of her senses at the time.

Q. Did she seem to be out of her senses?

Garret. No, my lord, she did not.

Q. Are you sure it was the prisoner at the bar you bought the brass of?

Garret. I went to Mr. Midwinter's house to see if I knew her; she was melting butter; she ran her head up the chimney because I should not see her face; she knew me, and I knew her.

Thomas Andrews . [Looks at the brass, and takes out some of it.] These are the pieces I had cast for me by Mr. Midwinter ; they not being found, I returned them; I know them to be the same.

Guilty 10 d.

[Transportation. See summary.]

611. (L.) John Bourk , was indicted for wilful and corrupt perjury, in deposing Peter Carr was indebted to him the sum of 5 l. 8 s. No evidence being produced, the prisoner was acquitted .

612. (L.) Henry Miners , Henry Robins , and Julius Hall , were indicted for a conspiracy . The prosecutor did not appear.

Acquitted .

613. (L.) Anthony Powel , was indicted for wilful and corrupt perjury upon the trial of Edward Walace .

The prosecutor made no attempt to prove any thing against the prisoner.

Acquitted .

See No. 393.

614. (L.) Anne wife of Martin Lewis , was indicted for wilful and corrupt perjury upon the trial of Garret Lawler .

See No. 459.

This indictment was founded on that part of her evidence which she gave in favour of Garret Lawler , where she said she remembered the day Lawler lay in her house, particularly by this, she having buried a female child that day in St. Anne's parish &c. The register-keeper produced the register, and upon examining it there was no such child buried by that name in the month of May; but upon his cross-examination he said he set down such names as were brought to him, but could not determine whether all are the true names of persons buried there, and likewise could not depose he never did omit setting down a name after the burial through hurry or mistake. This not being sufficient evidence, being liable to mistakes, and Mary Hall, who gave evidence on the other trial, had secreted herself, though bound over to appear &c. the prisoner was acquitted .

615. Mary Clark , was indicted for the like perjury on the same trial.

The evidence being the same as in the former trial, she was acquitted also.

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

Received Sentence of Death, 10.

Bacon, Samuel 546

Burne, Alexander 556

Clarke, Emanuel 574

Holmes, William 563

Mallone, James 557

Mandeville, Francis 565

M'Cane, Terance 558

Medows, Elizabeth 571

Newton, John 564

Rakes, Weston 574

Transported for 7 years, 17.

Albey, Joseph 584

Blee, John 568

Booth, Lucy 610

Dells, James 608

Dixon, Sarah 552

Dollison, Thomas 590

Eliot, William 570

Hicks, John 593

Johnson, Mary 555

King, Deborah 561

Merry, Richard 596

Pallont, Edward 544

Parsley, Henry 583

Potter, William 545

Pryer, Anne 553

Reynolds, William 586

Walthew, Jane 549

Sentence respited, 1.

Payce, James 609

Branded, 1.

Mutter, James 566

Whipped, 4.

Aires, Mary 551

Pimm, Edward 582

Smith, William 569

Usher, Richard 602

Elizabeth Meadows pleaded her belly, and a Jury of Matrons being impanelled, brought in their verdict, Quick with child.

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

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