Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 19 December 2014), January 1752 (17520116).

Old Bailey Proceedings, 16th January 1752.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 16th, Friday the 17th, Saturday the 18th, and Monday the 20th of January.

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

NUMBER II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.

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

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

London Jury.

John Pont ,

William Hawkins ,

John Savage ,

Henry Clark ,

Thomas Johnson ,

Thomas Millington ,

James Hurst ,

Thomas Allen ,

John Wingod ,

John Hart ,

Morgan Vaughan ,

Henry Bickerton ,

Middlesex Jury.

William Bilson ,

Samuel Warburton ,

William Bracket ,

Harwood Lassiter ,

Leonard Lee ,

John Girdler ,

Samuel Slade ,

Joshua Braduck ,

John Calvert ,

Joshua Pemberton ,

Peter Westcoe ,

William Goldwin .

77. (M.) Robert Middleditch , was indicted for the murder of Evan Stockbourne , Jan. 4 . He stood also charged on the coroner's inquest for murder. *

Benjamin Wheeler . I was with the prisoner and the deceased a fortnight ago to night, in the house of Mr. Baker, called the Three Tippling Philosophers in St. Alban's-street ; there were words passed in anger between the prisoner and landlady ; she accused him with having called her old bawd; he said, it was not him, but the deceased that had called her so; at which time Stockbourne the deceased came in, and opposed the prisoner in what he had said; he called him names, and challenged him to fight in Hyde-Park for a Guinea, and throwed it down on the table ; the prisoner answered, he had not a Guinea about him; he put his hand in his pocket and pulled out two six-pences, and laid them on the table ; then the deceased took up his guinea and put it in his pocket, and asked a friend of his to lend him a shilling, who did, and the prisoner covered the two six-pences with it; they agreed to fight; then the deceased took up the money and gave it to the prisoner's partner, (they are chairmen , the deceased was a groom ) to hold, and they both bound it with a half-penny each.

Q. What did they mean by that?

Wheeler. Their meaning was, that there should not be law taken on either side.

Q. Was that mentioned ?

Wheeler. It was, my Lord; the deceased fix'd upon fighting the next morning by eight o'clock, in the ring in Hyde Park, and he that was not there at the time appointed, his money was to be forfeited, fight or not fight.

Q. Did they meet at the time?

Wheeler. They did; I saw them both in the ring when I was about a hundred yards distance; I saw them tying their garters below knee, making themselves ready, I hallow'd out, Cod speed your labour.

Court. Instead of that it would have been much better, had you endeavoured to perswade them not to fight.

Wheeler. When I came into the ring, Evan Stockbourne came up to me and said, Friend, you must be my second; I denied him and said, there were two better men than I was there, and nam'd their names. He answered, he had asked them before, and they had denied him, and there was none but me, and I denied it; then the other's second, Walter Kelly , said, if you'll agree, I'll be the other's second, and, I dare say, there will be no wrong done on either side; then they stripp'd, and we pull'd off our cloaths; they shook hands and went to it; the deceased gave the prisoner two grabbling falls.

Q. Did he himself fall to the ground?

Wheeler. No, he did not; after that they had three or four blows each, the deceased dropped down, fetched a heavy groan, and died immediately.

Q. Was it by any blow, or by missing the prisoner, which occasioned him to fall?

Wheeler. He received a blow over his temple, and he made an offer at the prisoner; his hand went up. and he fell.

Q. Was the groaning before or after he came to the ground?

Wheeler. That I cannot determine; he died immediately.

Q. What became of the prisoner?

Wheeler. He never offered to go away, and as soon as a proper officer came, he surrendered himself to him.

Q. Was an officer there?

Wheeler. There came a constable, the prisoner went up to him and said, I am your prisoner; he went before Justice Lediard, and he committed him to the Gatehouse.

John Sharp . I know nothing of laying the wager; I was called up between seven and eight o'clock that morning; he told me the men were going to fight; I saw them, when he did, tying their garters below their knees; when we came within the ring, the deceased asked Wheeler, if he would be his second; he answered, if there were no better man there, than he was, he would; as they were going to fight, a man said, gentlemen, shake hands, don't fight in malice; they shook hands; they had about three or four blows, and the deceased gave the prisoner two falls, which were such that they could not hurt any body; they were help'd up again and set too; the prisoner hit the deceased two or three hard blows about the temple with his left hand; I don't remember him doing any thing with his right hand but guard himself; the deceased almost knocked him down by a blow on the stomach, then he went to give a catch at the prisoner to throw him, but missed it and fell down as he went to make a blow at the prisoner; his head seemed to plow the ground; his second went to lift him up and could not; the other second said, Why don't you hand him up; he answered he could not; the other went to help him and said, he believed he was dead or dying; the other said, God forbid; I looked in his face and said, I believed he was dying ; I went for a Surgeon, but I could not find one up; I looked about for a barber to bleed him, and at last I got a person out of Hyde-Park Infirmary, but before I got there, he was as dead as a stone.

Q. Which blow do you think was the occasion of his death?

Sharp. I cannot say.

Q. Whereabouts did the prisoner strike him?

Sharp. I don't remember he hit him any where beside the temples; I believe the deceased was never right in his senses after he received the first blow, and he strove to fight but could not.

Q. Did not he strike the prisoner?

Sharp. He did give the prisoner one blow on the stomach, and I thought he would have fell, but he did not.

Q. Did you know the prisoner before?

Sharp. I have known him about two years; I have drank in his company several times, but not much acquainted ; I never heard a bad character of him.

Q. Who struck the first blow.

Sharp. They put themselves in a posture of defence, and I think the prisoner received the first blow.

Q. Which did you take to be the strongest of the two.

Sharp. I took the deceased to be considerably the strongest man.

Daniel Kelly . I was informed in the morning that the prisoner wanted me to be his second; I went to the public house where they were to meet; the deceased was gone before, and was in the ring before the prisoner came there; as soon as I came the deceased and I shook hands, and wished each other a good morning; they stripp'd and shook hands, they put themselves in a posture of defence, and had two or three blows between them; Stockbourne throw'd the prisoner two falls; they got up, set too again, and both struck as fast as they could; I don't know which struck first; all the blows the prisoner gave the other, were about the head; as the deceased hit him, his second said, Well done, such another blow will do for him.

Q. Did the deceased fall at that blow?

Kelly. No, he did not; he went to make another blow at him, and fell down dead.

Q. How came he to fall?

Kelly. He was not able to make a blow, after which I never observed breath in him.

Prisoner's defence.

Over night the deceased challenged to fight me in the morning; I was desired to stay and lie with some chairmen, fearing I should be too late, but I went home and lay with my wife, and was called out of my bed; I had no animosity against the prisoner, but only in defence of myself; when we fought, we both shook hands, and said, we had no animosity ; when they said he was dead, I said, Lord have mercy, I hope not. I was desired to quit the ring, and make off; I said I would not, so I surrendered myself.

John Sharp . When I said he is dead, I heard the prisoner say, No, I hope not; said I, I am afraid he is; he said, God forbid.

For his character.

Joseph Maschal . I have known the prisoner between three and four years; I look upon him to be a good-natured honest man; I never heard he was a quarrelsome fighting man.

Guilty of Manslaughter .

[Branding. See summary.]

78. (M.) Anthony Tamplin , was indicted for stealing 300 pounds weight of lead, value 36 s. belonging to John Rayner , gent . fix'd to a dwelling-house , &c. Nov. 6 . +

Richard Jupp . All I can say is, I measured the place on this house of Mr. Rayner's, and know there were betwixt 5 or 600 pounds of lead missing.

Benjamin Bristow . The prisoner ask'd me if I would go to Chelsea with him and help to sell some lead.

Q. What time was it?

Bristow. It was about three months ago.

Q. Where was this lead ?

Bristow. It lay in the yard belonging to an empty house of Mr. Rayner's, we went together and sold it to one Kenew at Chelsea.

Q. Did the prisoner say how he came by the lead?

Bristow. No, he did not; neither did I know, but I believed he had it from off that house, because it lay in the yard. I and David Wright , and one Dandford, had part of the money.

Q. Where is Dandford?

Bristow. He is dead.

Q. What sort of lead was it?

Bristow. It was sheet lead, all in one piece.

Q. to Jupp. What sort of lead did you miss from that house?

Jupp. Sheet lead, a large piece about 22 inches wide.

William Kenew . I bought the lead of the prisoner and three other men, on the 6th of November ; I know the prisoner was one of them.

Prisoner's defence.

I know Bristow to be a very bad fellow, he'll say anything in the world. or swear any man's life away for a shilling.

Guilty .

79. (M.) He was a second time indicted, for that he, in company with David Wright , did steal 57 pounds weight of lead, val. 6 s. belonging to John Rayner , gent. &c. Oct. 15 . +

Richard Jupp . I missed the lead about the 5th or 6th of November last; it was all of it gutter lead, except one piece, and that was upon the flat, and there were four gutters taken away.

Benjamin Bristow . Tamplin was concerned every time in taking the lead, and I saw him take it ; Wright assisted in taking this, and we went together, and they sold it at Chelsea.

Tamplin Guilty , Wright Acquitted .

80. (M.) He was a third time indicted, with Henry Brown , for stealing a hundred pounds weight of lead, value 12 s. the property of John Rayner , gent. &c. Aug. 2 .

Benjamin Bristow . Toney Tamplin was up in the gutter, Brown was below and took the lead down, and they carried it to Chelsea; it was better than three months ago; when they went again the next time, the woman said, they had over-reckoned her by six-pence, on which I saw Brown return her the six-pence back.

Tamplin's defence.

That evidence has been tried here before, and he is a bad wicked man.

Both Acquitted .

See No. 639, in Sir William Calvert's Mayoralty.

[Transportation. See summary.]

81. (M.) James Bissett , was indicted for stealing one brown cloth coat, one Manchester velvet coat, one pair of velvet breeches, one scarlet waistcoat, one black cloth waistcoat, two pair of scarlet breeches, one frock, two holland shirts, one copper pot, the goods of John Gillphilling ; one stript cotton shirt, the property of John Webb ; and one coat, the property of William Vickers , December 20 . ++

John Gillpbilling . I live at the Angel and Crown in Hungerford-market ; on the 27th of November, at night, the prisoner came to my house, and said he had been servant to a gentleman who was in the French service, and that he had been at Dover with him, and left the place by reason he would not enter into the French service, so he wanted a place. He had been with me three weeks, and in that time I lost these things mentioned in the indictment.

Q. When did you first miss these things?

Gillpbilling. I miss'd 'em the 21st of December; the first of my missing them was, my servant had borrowed a book of a friend to read, the prisoner was seen to have it in his hand; it was missing ; going to look for it, I missed my cloaths which used to hang upon pins, &c. The prisoner was gone out at that time, I ordered our people, that when he came in to say nothing to him but to let him have a candle and go to bed, he came and went to bed, and there I took him, and gave him in charge to the constable ; he immediately confessed to the constable and me, where he had pawned one shirt for four shillings, and begged for mercy at my hands, and he said he had sold my cloaths out-right to people that cry'd old cloaths in the street; he went with me to hart-street by convent-garden, to the place where he said he had pawned the shirt; the pawn-broker produced the shirt. [Deposed to by the prosecutor]

Q. Where was the shirt before you lost it?

Gillpbilling. It was either in the buroe or somewhere in the dining room; there was an attempt made upon my buroe to open it.

Samuel Green. The prosecutor came to me and told me he had been robbed, I went with him home and found the prisoner, we accused him with robbing the prosecutor of several coats and other things, he with little hesitation acknowledged he took the things, and sold some in the streets, and pawned a shirt, he went with us the same night to the place, and it was delivered to the prosecutor; the prisoner begged we would be as favourable to him as we could.

James Styles . I am servant to Mr. Crue a pawnbroker, this shirt was pawned at our house in the name of James Bissett , December 7. I remembered his face when he came with the prosecutor, I know he had been at our shop before, but I cannot tell he was the person that brought the shirt, and I heard him say since he pawned it.

David Mac Donald. I am servant to the prosecutor, the prisoner lodged about three weeks at our house; after the things were lost, and he taken into custody, I heard him confess the taking the coat and waistcoat, a pair of breeches, and a shirt, which he said he pawned near Covent-garden, and that the cloaths he had sold in the open streets for old cloaths.

Prisoner's defence.

They made me confess things that I knew nothing of : there were several people lodged in the house besides me.

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

Green. There were not, the prosecutor told him he missed such and such wearing apparel, and that he had reason to suspect him, and that he had better without any farther dispute acknowledge it; the prisoner immediately said I hope you will be favourable to me, I did take such and such things, it was all in a few minutes.

Q. to the prosecutor. Have you any other lodgers in your house?

Prosecutor. I have several; I let some rooms out, which I have no occasion for, unfurnished, but they have no business in this room where the things were.

Guilty .

[Transportation. See summary.]

82. (M.) Thomas Tolier , was indicted for stealing one feather bolster, value 4 s. two linnen sheets, two blankets, one silk quilt, one copper tea-kettle, one pail, one pair of bellows, one warming. pan, four brass knobbs, the goods of Robert Goddard , and one mahogany table, the property of James Horton , December 23 . ++

The prisoner was to pay a shilling per week for the use of these goods in a room; he and his wife moved away and took the goods off; but the indictment not being laid upon the statute, for stealing goods in a ready furnished lodging, he was Acquitted .

83. (M.) Joseph Tylor , was indicted for stealing five iron hoops, value 2 s. 6 d. the goods of Daniel Booth and company , December 16 . ++

The Prosecutors are brewers ; the brew-house is in Old-street . John Burgess , one of the servants, met the prisoner coming out of the yard, December 16, between five and six in the evening, with five hoops upon him, and secured him. (The hoops were produced in court and deposed to. )

Guilty 10 d.

[Transportation. See summary.]

84. (M.) Henry Hulston , was indicted for stealing one linnen gown, value 5 s. the property of Ralph Lawrence , one iron key value 1 d. the property of Thomas Revil , Esq ; December 25 . ++

Mary Weaver . I live servant with Esquire Revil, in Catherine-wheel-yard , about half an hour after one o'clock on Christmas-day, I saw the prisoner go out of our stable, and seeing the stable door open, I called to him; he said he had not been there, and came back again very orderly to the stable ; I saw some thing under his coat on his right side. Henry Thompson was there ; he asked the prisoner what he had under his coat? he said it was his sister's gown; Thompson took it from him; then Mr. Anderson came, I missed the key of our door, I asked the prisoner if he had it, he denied it, but upon Mr. Anderson's saying he would fetch a constable, he delivered it to him; the constable has the gown; he is not here, it is my sister's ; her husband's name is Ralph Lawrance .

Q. Where was the gown before?

Mary Weaver . It was hanging on a horse in the coach-house that very day; I saw it about an hour before.

Henry Thompson . I was at the stable; the young woman had called the prisoner back, she called me to her, she said this lad had been in the stable; I asked him what he had in his bosom, he said his sister's gown ; he said a black-shoe-boy gave him the gown ; I saw him deliver the key.

Q. Do you know whose gown it is ?

Thompson. I have seen it many a time before, I then thought whose it was.

Q. Can you take upon you positively to swear who it belonged to.

Thompson. No, I don't chuse to do that, I have seen Mrs. Lawrance wear such a one.

Alexander Anderson . I was going to dinner, those two evidences were in the yard, and said they had got a thief there ; the gown was taken from the boy before I came ; I was much acquainted with Mrs. Lawrance, and have seen her with the gown on many times.

Prisoner's defence.

Coming along betwixt twelve and one o'clock, there was a stone in my shoe, I sat down under the stable door to take it out, a woman came out of the stable and gave me the gown and key, at the stable door, I knew her very well, she used to black shoes by our house, she desired me to carry the gown to the top of Catherine-wheel-yard, and she would give me some thing for carrying it ; the gentlewoman called out at the chamber window, and said, what did I do in the stable? I said I had not been there; she asked what I had in my bosom ; then it struck into my head, I thought the woman stole it, there was a coachman saw me; I can't find the woman out that gave the gown to me to carry, my friends have been all about.

Guilty .

[Transportation. See summary.]

85. (M.) William House , was indicted for stealing one gelding of a black colour, value 6 l. the property of Lionel Batsford , Jan. 6 . ++

Lionel Batsford . I keep a publick house on the river Lee, and the prisoner was my servant ; I trusted him to go as far as Hadsdon to pull barges along; I sent him out with the horse Jan. the 4th, which was on Saturday, and he ought to have been at home on the Monday following. Hearing nothing of him or the horse, I went, on the Wednesday following, in order to seek for him and my horse; I found him in a public-house at Ponder's-End upon the road drinking: I ask'd what was the matter he was not at home; he said, he had lost the horse near the Three Jolly Butchers, that he had turned him up in an orchard at Enfield-Wash, and had been seeking for him; I ordered him to go and see for him, and, if he found him, to send for me, if he had not money enough to pay, and I'd come; he went, and I heard nothing of him; I went again to see for him, and found him on the other side Tottenham High Cross, and took him into custody; he denies knowing any thing of the going of the horse.

Q. Have you heard of your horse since?

Batsford. I have not to this day. I can't charge the prisoner with stealing him.

Acquitted .

86. (M.) John Morley , was indicted for stealing one side of bacon, value 20 s. the property of Philip Freeman , Dec. 13 . ++

Philip Freeman . On the 13th of Dec. my servant got up about four o'clock, and came and told me he missed a side of bacon.

Q. How came you to take the prisoner up for it ?

Freeman. Because he had robbed me several times before; I charged an officer with him. After I charged him with taking it, he told me where it was; and he also owned it before the Justice.

Q. Have you got your bacon again ?

Freeman. It is here; it is a particular side of bacon.

Q. How particular?

Freeman. It is an old sow side; if you please to send it to be weighed, it weighs eight stone all but a pound. It was sold by one Mr. Larum, but it was not delivered; I had received the money for it, and after it was stole, I was obliged to return the money again.

Q. When had you seen it last ?

Freeman. I had seen it the day before it was lost in the afternoon.

Q. Was the prisoner your servant?

Freeman. I took him in out of the streets, and he was such a drunken fellow I was forced to part with him.

Q. Was he your servant at the time you lost the bacon ?

Freeman. No, my Lord, he was not.

Edmund George . About five weeks ago on a Friday, as I and James Rumbel were going to Smithfield, we met John Rumbel , and he asked me, if I knew where the prisoner lodged at Islington ; I could not desolve him in no shape; I and they went in search of him, and catch'd him in Mr. Pullin's yard, a cowkeeper, at Islington; we charged him with having taken this bacon, but he denied it; we took him to the prosecutor's house, there he said, if we would let him go, he'd tell us where the bacon was, then he told us it was in a barber's house at Islington; I think the man's name is William Shearson . We went and found it, as he said, covered over with a cloth. (Produced in court, cut in three pieces.) We went before the Justice, where he owned he took it before Mr. Freeman and myself.

Q. Did you hear any promise made of not prosecuting, if he would own it, at the time he was taken?

George. I did not, he would not own it when we took him; the two Rumbel's, he, and I, were all together; there came another man and said to him, you had better tell where the bacon is, maybe they'll let you go.

John Rumbel . I am servant to Mr. Freeman; my master desired me to go and see after the prisoner, he having lost a side of bacon; I was going up to Islington and met this last evidence and my brother; we went all together, found the prisoner, and charged him with having stolen the side of bacon. I left them with him and went and fetched my master. We took him back to the Justice's, and worn we were going from thence to New-Prison, on Wood's-close causeway, he told me, he throwed a side of bacon out of my master's lost, and that the barber had sold as much of it as came to 8 s. 4 d.

Q. Did he say it was that bacon which you saw at the barber's ?

Rumbel. No, it was another side.

James Rumbel . I saw the prisoner come out of the barber's shop, and I was talking to him when my brother came and clapped him on the back; when he was accused, he said, if we would let him go, he would tell us where the bacon was. I told him he should go and see my master first; upon which he went with us, and shewed us where it was; so us three and Mr Pullin went into the barber's shop together ; he said he took it between two and three in the morning, and acknowledged. it was Mr. Freeman's bacon; I heard him own the same before the Justice; he said he had cut it into three pieces before we saw it.

Prisoner's defence.

These men saw me go out of the barber's house I believe; they came to me and stopped me, and asked me, if I knew any thing of a side of bacon, stole from Mr. Freeman; I denied it to them, and they said I must go along with them to Mr. Freeman; going down to his house, Edmund George and James Rumbel said, if I would acknowledge where the bacon was, they would let me go, and say no more about it; I would not for a good while, till they made so many expressions about it, that I turned back and shewed them where it was.

Guilty .

[Transportation. See summary.]

87. (L.) Francis Worrell , was indicted for stealing one silver snuff box, one gold ring, two linnen shirts, one metal watch chain , the goods of Richard Owen , Dec. 23 . ++

Richard Owen . I belong to the India warehouse ; I took a lodging in Seething-Lane , at the house of Richard Bentley ; the room was so cold I could not stay there above two nights, so I desired my box, with the goods mentioned in the indictment in it, might be left there ; I went to my box on the 23d of December, and found it broke open, and the things mentioned were missing, with other things which I did not put in the indictment. I told the landlord my box was broke open; he told me no body but the prisoner, he, and his wife, went into that room; the prisoner lay in that room. I went to Alderman Chitty for a warrant, and had the prisoner taken up the same day and brought before him; he was committed and would own nothing ; I desired to know whether the shirt on his back was his or mine, it being mark'd R. O. No. 1. ( produced in court and deposed to.) Going along to the Compter, he confessed where the snuff-box and gold ring were; the snuffbox he had sold for 8 s. at the Golden Cup on Tower-Hill, and the ring to a Silversmith over the way, at the corner of the Minories for 12 s. I never got them again; the woman at the Golden Cup would not own she bought such a thing, nor the man in the Minories the ring. He sent me another shirt, which he said he had left at the washerwoman's, and the mettal watch chain was given at the same time.

John Lepard . I am constable and was sent for; we took the prisoner upon suspicion the day before St. Thomas's Day.

Q. to the Prosecutor. Are you sure it was the 23d of December when you took up the prisoner ?

Prosecutor. I am not certain as to the day.

Lepard continues. Mr. Owen mentioned the things he had lost; we carried him before the Alderman; there he desired the things, but Mr. Owen found one of his shirts on his back; the Alderman ordered him to the Compter; he owned the taking the snuff-box and ring, out of Mr. Owen's box at a public-house, going along, and also to the taking the other shirts.

Prisoner's defence.

I lodged in the house about four or five Weeks ; I came home about ten o'clock; the door stood open from morning to night; threre were two or three other men lodged there besides me; the prosecutor and constable took me up at a public-house; they called for a sheet of paper, and wrote somewhat upon it; they kept me drinking and made me set my hand to what they wrote; I can neither write nor read, I know nothing of the things, neither did I take them.

Q. to the Constable. Was there any sheet of paper sent for, and writing, as the prisoner says?

Constable. There was what he owned on a bit of paper.

Q. Was he sober?

Constable. Upon my word I think he was sober.

Q. to Owen. Was the prisoner sober?

Owen. He was, we had had but two pots of beer at the time that he confessed the taking the things, and where he sold them; he put his hand to it; it is only a memorandum where the things were.

To his character.

Thomas Sherwood . I have known the prisoner almost seven years; he was a lodger of mine almost two years; I took him to be an honest man so far as ever I heard.

Edward Jones . I have known him about six or seven years; he used my shop, behaved very honest, and paid me.

Q. What shop on you keep?

Jones. I keep a chandler's shop.

Jacob Clifford . I have known him near six years; I never heard any thing to the contrary, but that he is a very honest man.

William More . I have known him about five years, I never knew no other of him, but that of a hard-working honest man.

Samuel Belcher . I have known him about a year and half; I keep a shop in Gray's-Inn Lane, and sell pork; he used it, and has been in my apartment; I have much linnen of other peoples, and never lost any thing; I believe him to be an honest man.

Guilty .

[Transportation. See summary.]

88. (M.) William Williams , was indicted, for that he, on Henry Fry , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, 20 shillings in money, numbered, from his person did steal, &c . Dec. 16 ++.

Henry Fry . I was going from White-Chapel to Bow in the Stratford coach, on the 16th of December; when we got about a hundred yards into a lane, called Cut throat-lane , between the hours of eight and nine at night, we were attacked by a highwayman on horseback, who presented a pistol in his right-hand, and his hat in his left; immediately on the coach stopping, the gentlewoman, who sat on my right-hand, said, What is this, I have no money; he came on the side she sat.

Q. How many people were there in the coach?

Fry. There were none but that gentlewoman and I, whose name is Eleanor Day ; after she had spoke, I heard the man say, or I'll blow your brains out, by G - d. I put my hand in my pocket, and gave him all the money I had in it; I know it was nothing less than 20 shillings, and I am sure there was more; among the silver I told him there was a coronation medal, and said I had a greater regard for it than the other, and begg'd him to return it : he did, asking if I had a mind to any thing else ; I said, no, the money was his, but I thanked him for the medal.

Q. Had you fight of his face so as to know him again?

Fry. No, I was not in an advantageous situation to see him, because the canvass was up at that time; he did not ask the gentlewoman for any thing at all, but as soon as he had got the money, he rode of in haste.

Q. What time do you think it was?

Fry. We left Whitechapel directly at the hour of eight, at the Coach and Horses, by the dial there, and I believe we were gone about a mile and half before we were stopp'd.

Q. Can you describe what sort of a man he was?

Fry. He was a thin meager man, seemed to be about 23 or 24 years of age, his voice had a similitude to the voice of the prisoner.

Eleanor Day . I was in the Stratford coach along with Mr. Fry; I sat on the right side of him; the canvass was three parts up; the coachman made many stops; I was angry at him; we set out between eight and nine, I think it was just upon the turn of eight, it was a good while before we were stopp'd; when the man came up he demanded our money; I said, what do you want? he was on horseback on my side; we let down the canvass immediately part of the way.

Q. Was it low enough to see his face?

E. Day. It was so low that I could see his legs; when he asked us for our money, I said I had only some half-pence; he swore, don't make a noise, if you do I'll shoot you thro' the brains. Mr. Fry gave him his money, and told him amongst it there was a coronation medal, which could be of no more value to him than the silver, and desired he'd return it; he looked in his hat, and took out a piece, and asked him if that was it? he said it was, and thank'd him for it; then he wish'd us a good night, and rode off.

Q. How long do you think he was with you?

E. Day. I believe he was about four minutes by the side of the coach.

Q. Did the moon shine?

E. Day. It did, and I looked at his face all the while; he was a thin man, and I am almost sure it was the prisoner at the bar.

Q. Look at him, can you speak positively whether that is the man ?

E. Day. I think positively he is the man; I can positively say upon my cath, he is the man.

Q. Was he very near the coach?

E. Day. He came as near the coach as he could.

Q. from the Prisoner. What apparel had that man on?

E. Day. He was shabbily dressed; I did not observe the colour of his cloaths; he had seemingly a great coat on; but I can't describe his cloaths, for I looked all the while in his face.

Daniel Weller . I was driving the coach, Mr. Fry and that gentlewoman was in it; when we came to Mile-End, I took up a gentleman's servant who lives at Stratford on the box along with me; a young fellow on horseback passed me on this side Cut-throat-lane; going through that lane, I crossed over where the quarter met; his horse was foundered before; he turn'd over and came to me; I said to the servant, don't be afraid, if you'll stand by me, I'll jump upon him; he said he had a charge of money about him, and was in fear; when the man came up to my horses heads, he presented a pistol to me, and I stopp'd directly; he turned his pistol and knocked at the coach window, which was up; then my horse on the near side began to pull a little; he presented his pistol again, and said, Why don't you stop, or I'll blow your head of; I stopp'd, and then he presented his pistol to them in the coach, and demanded their money; I heard the gentleman say, you shall have all the money I have got; I saw his face for about four minutes when his hat was off, at which time he stroaked his hand over his forehead two or three times, and seemed vastly saint ; after he had got the money he said, coachman, go along, and the went away, as easy as you may walk a horse, towards London.

Q. What time was this?

Weller. It was between eight and nine o'clock when I set off from the Coach and Horses; it was then eight o'clock, and I really believe the prisoner is the man; I am positive he is, I have known him for three or four years before.

Q. Where have you seen him before?

Weller. I have seen him at the Bull-Head, and also in Petticoat-lane amongst the Horners.

Q. When had you seen him last?

Weller. I had not seen him for about a quarter of a year before that time he stopped the Coach.

Q. How many times do you think you may have seen him before?

Weller. I have seen him above twenty times before.

Q. Look carefully at him, and see whether you think him to be the man?

Weller. Positively I swear he is the man.

Q. How was he dressed?

Weller. He was dressed middling; not very shabby: he had on a blue Coat

Q. Was it a light or dark night?

Weller. It was quite a moonlight night.

Q. Where is this servant you took up by you?

Weller. It was Mr. Wall's servant: I went to him, he said he turned his head another Way, having a charge of money of his master's about him, that he could not swear to him, so I did not bring him up: the next day after the robbery, Mr. Darby and I took the prisoner in Stoney-Alley?

Q. How came he to be taken up?

Weller. Because I knew him before: I met a young fellow, a black-shoe boy, who directed us where to find him: I went into the house where he was; there were two or three men, and one of them said, Cokey, I heard you was robbed last night, saying, did not you see me drive a cow through the turnpike? I turned about and saw the prisoner standing by: I went out and told the man who was with me, I was afraid of these men, but he being armed went in with me and took the prisoner.

Prisoner. When the coachman came in he had some gin and ale; he and the man went out together, and said there was no-body they wanted.

Q. to Weller. Did you say so?

Weller. No, my Lord, I did not say so.

Patrick-Darby. I am servant to Mr. Fry; when my master came home, he told us he had been robbed, and the coachman said he knew the man; I went with him to Whitechapel; we were afraid to meddle with him that night; a person led us to the Gentleman and Porter alehouse in Stoney-lane.

Q. Did the coachman tell you the prisoner's name that robbed Mr. Fry?

Darby. No, he did not till he came to White-Chapel.

Q. What did he tell you his name was ?

Darby. He said it was Williams, and described him to me answerable to what he now appears; a this meager man; we went from the Gentleman and Porter to another house, there I checked the coachman for not apprehending him, he said he was afraid of having his brains beat out, upon which we went in again, he told me which was the man, and I took him directly, I had a hanger and some fire-arms, on account of some threatning letters the gentlemen at Bow had received.

Prisoner's defence.

I have evidences here to prove I was at another place at that time.

Septimus Moseena . I am tun-man to Alderman Gascoyne, I know the prisoner; one time he was a night man; he has work'd for a pump-maker about five weeks come Monday next, I can neither write nor read, so can't tell the day of the month; on that night I happened to go into the Gentleman and Porter ale-house in Stoney-lane, near Gravel-lane, Houndsditch, about six o'clock at night, I staid till about half an hour after seven; I was obliged to go to my club, at the Punch-bowl in Moor-fields, amongst the brokers; I went and told the society I could not stay, that I must go to my duty; I came back and did my duty, and went to the same alehouse, about a quarter after eleven, and called for a pint of purl, the prisoner was then in the same place, and the same dress, as when I left him; I desired him to go to sea, or into the country for work.

Q. Why did you give that advice?

Moseena. Because I know he now lives with a woman, that does him no service, I had known him five or six years before.

Q. How was he dress'd?

Moseena. He had on two stannel waistcoats very clean, and a white striped cap, he had no coat on.

Q. From what was it you made your observation to know what time of the night it was, as you say you cannot write nor read, nor did observe the day of the month?

Moseena. I was obliged to go to my club at eight o'clock, to pay my money in, when I heard it was past seven I went away, and I was in the alehouse again when the clock struck eleven.

John Norwood . I am house-keeper and miller to Mr. Gascoyne; I went into the Gentleman and Porter in Stoney-lane with the other evidence, and had a pint of Porter, there I saw the prisoner, I knew him three years before; he had two stripped slannel waistcoats on and a cap.

Q. Had he a coat on ?

Norwood. No, my Lord, he had not, I staid there till ten o'clock, and was never out of the house only to make water, and that could not be above five minutes at a time, the prisoner was in a box facing me.

Q. Did you speak to him?

Norwood. I did more than once or twice, I was not in his company.

Q. Did you see him go out?

Norwood. He was out two or three times, but never five minutes together; I left the prisoner in the house when I went away.

Q. Who serves that house with beer?

Norwood. Mr. Dove at Execution-dock.

Q. Did you ever observe any bad company resort to that house?

Norwood. No never.

Q. Is it a licens'd house?

Norwood. I have heard the licence is taken away.

Q. Could you as you sat, see the prisoner all the time?

Norwood. I did.

Q. Can you say, the prisoner was never out of the house for half an hour together ?

Norwood. I can from my heart.

John Stimson . My son keeps the Gentleman and Porter; I was there that Monday night, from ten in the morning to ten at night; I have known the prisoner five or six months; he came in there between four and five in the evening by himself; he called for a pint of beer, I fetch'd it to him; he sat down, and a friend of his gave him a pipe of tobacco, and when Spittle-fields bell was ringing eight, I saw Mr. Moseena come in, and go out again; he was going, he said, to a society.

Q. Was Norwood there?

Stimson. He was, he went out I believe about ten o'clock, the prisoner was there when he was gone; he went away about fifteen minutes after ten.

Q. How do you know that ?

Stimson. Because I looked at my watch, I don't know but it might be half an hour after ten; I don't know how my watch might go; Mr. Moseena came back again.

Q. What time did he come back?

Stimson. It was after ten o'clock; but I cannot tell the particular time; I did not look at my watch when he came in.

Q. Was the prisoner there then?

Stimson. He was.

Q. Who went away first, Mr. Moseena, or the prisoner?

Stimson. Mr. Moseena did.

Q. How long did the prisoner stay after he was gone ?

Stimson. I cannot tell.

Q. Did you hear the clock strike eleven?

Stimson. No, I did not. I staid there till after eleven, about four or five minutes; I knew it by my watch hanging up there.

Q. What time did the prisoner go away ?

Stimson. He went away two or three minutes before me.

Q. Has your son a licence?

Stimson. He has not got one yet.

Q. How came you there that night?

Stimson. My son was obliged to be out, and I went to officiate in his place.

Q. What time did he come home?

Stimson. He came home between nine and ten.

Q. Was the prisoner out of your house for any time between four and ten?

Stimson. He could not be out above four minutes without my observation.

John Over . On the fifteenth or sixteenth of December, I know it was Monday night, between five and six I left work, and went in at the Gentleman and Porter; there was the prisoner; when I went home about a quarter after nine, I left him there.

Q. Did you drink in his company?

Over. No I did not, I remember Moseena being there; when I came home, I went up stairs to fetch the history of Robinson Crusoe to read; I live about 150 yards from that ale-house.

Q. How do you recollect the time of the night?

Over. We were talking what it was o'clock; and we heard Spittle-fields bell ring eight; the prisoner sat near me, and he never went out of the house while I was there.

Q. to Moseena. How long did you stay the last time you came into that house?

Moseena. I did not stay a long time.

Q. How many minutes?

Moseena. May be about six, seven, or ten minutes ; the prisoner was sitting then in the house, and there I left him.

John Oliver . I have known the prisoner about two years; I was at the Gentleman and Porter with the prisoner, a month ago last Monday night, about a quarter after six o'clock.

Q. How near did you sit to the prisoner?

Oliver. He was close by me; I staid till about a quarter after nine, as near as I can guess ; I sat upon the table, and he upon the bench; I took my Tobacco-box out of my pocket, and said it is wore out, I wish I could buy a new one; the prisoner said I have got one in pawn, I will sell it to you.

Q. By what do you recollect the time?

Oliver. I went out about a quarter after eight o'clock, and heard Spittle-fields bell ring; the prisoner was not out of my sight all the time I was there; except the time I went out to make water, which was not above five minutes.

Q. Who did you see there besides the prisoner?

Oliver. There was one John Phillips , at the same bench with me.

John Phillips . I went to the Gentleman and Porter about six o'clock; there I saw the prisoner at the bar; I staid there till half an hour after eight; I don't know that I missed him out of my sight, from the time I went in, untill the time I came out; I was in the house also when he was taken: the coachman, and I believe four more, came into the house: they had two pints of beer, they all stood: one had a hanger, which he stood with in his hand like a walking stick: they went out, the coachman was the last man, they were gone about six minutes: then they came in again, I believe there were five of 'em: the coachman was fuddled, he said he had been robbed: saying he did not think much of it, but the dog robbed him: and that the robber was a little fellow in his own hair: the other said, which is the man? the coachman said to the prisoner, how do you do, Will? said I to him, you don't know him, because you have just miss'd his name, they took him away.

To his character.

John Dumbleton . I am a Pump-maker: the prisoner was my servant , I have trusted him where there were things of value lying about: he is as honest a man as any that walks on shoe leather.

Q. to Fry. When did you see the prisoner first after the robbery?

Fry. I saw him before my Lord-Mayor the day after he was taken, the 18th or 19th of December.

Q. to Mrs. Day. When did you?

Day. I saw him about two or three days after the robbery.

Acquitted .

89. (M.) John Smith , was indicted, for that he, on the King's high-way, on John Hill , Esq ; did make an assault, putting him in corporal fear and danger of his life, one gold watch, value 8 l. one gold-ring set with an amethist, value 2 l. one picture set with 33 diamonds, value 40 l. from his person did steal, &c . Dec. 26 . ++

John Hill, Esq; On the 26th of December, about five in the evening, as I was returning from Hampstead in my chariot, I was asleep with both glasses drawn up, I heard the Words, Blow your brains out; upon my letting down the glass on my left-hand side, a person on horseback presented a pistol to me; I said, don't hurt me with your pistol, I was asleep, is the reason I did not give you my money: you shall have it: I gave him about a guinea worth in silver, a gold watch covered with a steel cafe, a very remarkable one, a ring with an amethist in it, and a miniature picture, with 33 diamonds about it. After he had got the things, he bid me a good night, and rode off. There was another man on the other side, but I never saw his face, and I could very well tell the man who robbed me if I could see him; the prisoner is not that man, for I don't know him at all. Two days after this, as I had described the men in the news-papers, two men came to me, Norton and Booth, and said they knew the men which I had described.

Q. How could you describe them both, as you did not see the other's face.

Hill. My servant had fight of the other; I went with the men to Justice Fielding's. I gave him the description upon oath of the man who took my things, and my servant described the man who held a pistol to him on the other side. The two men said, by my describing them, their names were one Jennings, the other Rose. The prisoner was some days after that taken up for another crime, and answered the description given by my servant of the man that came on the other side of the coach, and held a pistol to his head. The prisoner there attempted to prove himself at another place at the time, but without success.

Q. Have you found any of your things again?

Hill. No, my Lord, I have not.

Richard Hurst . I am footman to Mr. Hill; my master was coming from Hampstead in his chariot; two men followed us on horseback some way, one on a dark brown horse, the other a white one; at last they put by one on the right the other on the left side.

Q. How far off did you see them?

Hurst. I saw them near two-hundred yards before they came up; as they came near the body of the chariot, they both presented a pistol to the coachman, who stopped; then he drove on again ; they both turned their horses about, and rode up to him, and said, they'd blow his brains out, if he did not stop; he rode up, and put his pistol into the chariot door, and the first words I heard him say to my master, was, D - n it, Sir, this does not do.

Q. Which side did he come up on?

Hurst On the left side of the chariot, the other turned about and presented a pistol to me, and said, D - n you. Sir, if you offer to stir, I'll blow your brains out. The man who robb'd my master had on a blue cape coat, with part of the cape put up under his hat behind: I did not see his face, the other had on a long white great coat, buttoned down to the saddle, the cape buttoned as the other's was, with one button under his chin, and put up behind under his hat. After my master had given him his money, he said ; D - n it, that does not do, give me your watch. My master said, it will fetch but little, for it is in a steel cafe; the man said, give it me as it is: then they turned their horses about, and wished him a good night, and went off towards Hampstead?

Q. Look at the prisoner, do you know him?

Hurst. His voice, stature, and features, as much as I could discern, answer to the man who held his pistol to my head.

Q. What time was this robbery committed?

Hurst. It was about five o'clock.

Q. Was it light enough to discern him?

Hurst. I cannot be positive to swear to him by what I could observe at that time.

Cross examined.

Q. Can you judge within two or three inches the height of a man as he sits on horseback?

Hurst. I can within two inches.

William Norton . By the description Mr. Hill mentioned in the Advertiser, I thought I knew the man, which I took to be, as I told him, one Jennings, who had been tried at Kingston.

Prisoner's defence.

I have a number of witnesses here to prove where I was at that time.

Ann Lion . I know the prisoner: my husband was arrested the 26th of November, I think it was the day after Christmas-day.

Q. What month is this?

A. Lion. This is December.

Q. What is the next month ?

A. Lion. I cannot tell.

Q. How long is it since Christmas-day ?

A. Lion. I went to pay money there.

Court. That is not an answer.

A. Lion. I am surprised, I cannot tell.

Court. Take time, and say what you have to say.

A. Lion. I paid some money to Mr. Matthews about a month ago to release my husband: the prisoner was in Mr Matthews's house: Mr. Matthews was busy; I gave the money to Mr. Matthews, the prisoner had words with me, he was sitting in the parlour.

Q. Where does Mr. Matthews live?

A. Lion. He lives in Peter's street near Knaves-Acre; the prisoner asked me how I came to be jealous of my husband, and we had words: he said, put this woman out, she is a very noisy woman. I said I would stay there till I got my paper, I sat down and staid about an hour and a half: it was in the afternoon, about half an hour after four o'clock, when I went, and I staid till about half an hour after five: I called for a pint of wine to have my satisfaction.

Q. Satisfaction in what?

A. Lion. Not to be turned out.

Ann Matthews . I am wife to John Matthews , my husband is an officer, the prisoner came pretty late to my house: to the best of my knowledge, it was about three o'clock on the 26th of December: they staid till between six and seven: there were three or four people came in at that time: there was a woman that Mr. Matthews arrested her husband: I paid the money, and she paid me again.

Q. What was her name?

A. Matthews. Her name is Lion, it was the other evidence.

Acquitted .

90, 91. (M.) Roger Woolbridge and Michael Madding , were indicted for that they first , on the 19th of Dec . about the hour of one in the night of the same day, the dwelling-house of Thomas Evans did break and enter, and stealing out thence fifty-two silk handkerchiefs, value 7 l. 16 s. eight cotton handkerchiefs, value 13 s. twenty linnen cheque handkerchiefs, and twelve yards of ribband, the goods of the said Thomas ++. And second, for receiving them on the 20th day, well knowing them to have been stolen ++.

Thomas Evans . I keep a Hosier's and Haberdasher's shop in Whitechapel . On the 19th of December we went to bed about half an hour past eleven, and the windows were all fast then : I got up in the morning about half an hour after seven, and found a square hole cut in the window shutter, a pane of glass broke, and a great quantity of handkerchiefs gone: there were missing fifty-two silk handkerchiefs, eight cotton handkerchiefs, twenty cheque handkerchiefs, and twelve yards of ribband. The day after Christmas-day, some people came and told me, the young men that robbed me were taken. I went before Justice Berry, where one of them was admitted an evidence. When Madding was taken, the accomplice swore, he sold the things to him: Madding said, he did not see the goods, nor knew nothing of the two lads : after which he acknowledged he knew them both.

Q. Have you got any of your goods again ?

Evans. No, I have not.

William Mace . Roger Wooldridge desired I would go along with him on the Thursday Morning before Christmas week, saying, there is a mercer's shop he could break open: we went to the house between twelve and one o'clock at night, and he cut a hole in the window-shutter with a knife, and punched a tap-borer against the glass and broke it, then he put in his hand and took out about fifty-two or fifty-three silk handkerchiefs, a quantity of cheque handkerchiefs, and some birds-eye ones.

Q. Where is this house?

Mace. It is in Whitechapel, next door but one or two to the Bishop Blaze. We carried them home to a lodging house where we lodged in Church-lane, right against the Punch-Bowl: there are a great many people lodge these. In the morning, about seven, I went and knocked Madding up: he lives in the New-change, Rag-Fair: he opened the door and let me in, and I chucked the handkerchiefs down; he looked at them, and said, if I had a thousand, he'd buy them. We bargained, he was to have given me 6 l. for them: he often buys stolen goods: he said, if I would bring the King's Crown to him, he would buy it: he went out, and I never saw him till eight o'clock, then he brought me three pounds, and said, if I'd call in an hour's time, he'd give me three pounds more. I did, he gave me but two pounds ten shillings, so he cheated me of ten shillings. Wooldridge was with me at the time we had used to go picking pockets of handkerchiefs, and sell them to him all over snuff.

Q. What business was you bred to?

Mace. I am an apprentice to a weaver, but I left my master about half a year: Wooldridge did work at brickmaking.

Both Acquitted .

92. (M.) Richard Titten , was indicted for that he, on the 13th of December , about the hour of nine in the night on the same day, the dwelling house of Elizabeth Athill , widow, did break and enter, and stealing out thence one copper chocolate pot, one copper tea-kettle, one brass candlestick, one brass knocker, one brass tinderbox, one bible, and one common prayer book . ++

Elizabeth Athill . I live in Webb's-court, Shoreditch : on Friday was a month, my doors were all shut, the casement was shut, but the shutter was open on the out side; these goods mentioned lay in the window, I missed them between the hours of eight and nine, then I found the casement open, there was a candle in the shop at the time.

Q. What shop do you keep?

E. Athill. I keep a Broker's shop : these were the things that lay for sale.

Q. Have you found any of your goods again?

E. Athill. No, I have not: the evidence told me every thing I had lost, before I mentioned them to him.

Henry Byton . When we took the prisoner, he asked what was the matter, I said you are taken up for such a robbery: said he, I wish you could make me an evidence. He ask'd who was evidence against him, I told him Mace: the prisoner owned he was in the robbery with him, but would not own he was with him in any other robbery.

William Mace . The prisoner at the bar and I were going along Shoreditch; in Webb's-square we saw a pane of glass out of a window: he put his hand in and undid the window, and took out two books, a tea-kettle, which we sold for 1 s. 6 d. to a woman which I did not know before, or seen since: we took also some other brass, which we sold Madding: there was a chocolate-pot, a brass tinder box, a candlestick with three legs to it, a brass mortar, and a copper lid to a sauce-pan, for which he gave us half a crown.

Prisoner's defence.

He has been an evidence once or twice before: he came to lodge at the same house where I did: he asked me to take a walk with him, he went before me a little way; he brought me a handkerchief: so we were taken up, and had to Clerkenwell Bridewell, the next day we were let out, and I quitted his company.

Mace. That very night we went down and took these things out of this house.

Guilty of Felony only .

[Transportation. See summary.]

93. 94. (M.) John Robertson , and James Jackson , were indicted, for that they on the 24th of November , about the hour of twelve in the night, on the same day, the dwelling of Isaac Day did break and enter, two spades value 2 s. five quart bottles filled with cyder, value 3 s. one iron bolt, and one iron key, did steal , &c. ++

Isaac Day . I live at the White-hart at Brumpton : on the 24th of November, in the morning, about seven o'clock, I was called up. I came down and found my cellar window open.

Q. How does it open, backwards or forwards?

Day. It opens backwards into my yard: and I found the parlour window broke open in the fore part of my house, the iron bar that is keyed on the inside: the bolt was drawn thro' and taken away: I missed two spades, which I had put into my cellar over night, five bottles of cyder, the belt and the key: what beer they took in the cellar, I cannot tell.

Q. Were these places all fast at your going to bed ?

Day. They were to my certain knowledge, at about nine o'clock, and the Tyles all on the house: but in the morning, there were two of them taken off a place that jetts out over my cellar door: that door was broke open by the staple being bent: about a week or ten days after I heard the prisoners had been drinking cyder: and having been told one of them was a lusty Black, I seeing Robertson at St. Mary Overs, I apprehended him; then he told us where he sold the spades, and owned he broke open the cellar, and that Jackson and one Conningham were along with him: we went and found one spade, where he told me, at Rotherhithe, just by the Boatswain and Call: I asked him how he came to my house, he said he would go to any house where he could get any thing to make money of: I know nothing against the other prisoner, except what Robertson said: (one spade was produced in court, and deposed to.)

Joseph Lankey . I went to the prosecutor's house, on the 24th of November in the morning: I saw the cellar door open: I went round the house, and found a place with three or four pan-tyles off: the bar was down belonging to the parlour window: the pin and key was pulled thro', and both gone: I was at the apprehending the Black at the Bottle-glass-house, St. Mary Overs : he owned to the breaking open the place: he said one Conningham had been through the tyling, and that Jackson took the pane of glass out of the window.

Q. Did you hear Jackson say any thing about it?

Lankey. No, I never did: I have known him from a child, and I never heard, or knew any ill of him.

Richard Bradford . I live at Rotherhithe : there were two labouring men came to me: I believe Robertson the Black was one of them: it is about five or six weeks ago: they asked me (as I break up ships) for work, I told them it was a dead time of the year: the Black said he had been from London Bridge, a great way, and could get no work: that as he had not any victuals, he must sell his spade, he asked me two shillings and six pence for it: I offered him one shilling and six pence: I went backwards, about my business, he went away, and some time after he came again, and let me have it.

Q. I Robertson the Black you mention?

Lankey. I think he is, I never saw him but then and now.

Q. Do you know the other person that was with him?

Lankey. No, I know the other prisoner is not the man: the prosecutor came to my house for the spade which has been produced, and they had it away.

Joseph Newcomb . I desired the prosecutor to let me leave my spade the 23d of Nov. at his house: I left it, and it was put into the cellar.

Robertson's defence.

This man took me up in the Glass-house ; he persuaded me to swear against Jackson : I said I don't know such a man as Jackson, no farther than that I worked with him in the Brick-fields last Summer; he said if I would swear against him, I should have fifty pounds reward : I never was that way in my life: I am as innocent as the child unborn.

To his character.

Henry Monk . I am clerk to Mr. Scot, and look after his Brick-kilns, by St. George's-fields: I employed Robertson the Black about three months, I knew nothing of him before.

Q. When was he discharged from your work?

Monk. I believe about a week before the time of the robery.

Henry Walker . I have known Robertson about six or seven months: I never knew any ill of him.

Robertson guilty of Felony only , Jackson Acquitted .

For Robertson see No. 76, in Sir William Calvert's Mayoralty.

[Transportation. See summary.]

95. (M.) Joseph Westley , was indicted for stealing two saws, value 7 s. the goods of Henry Atkins ; two saws value 7 s. the goods of William Downs ; two saws value 7 s. the goods of Richard Atkins ; and one saw, value 4 s. the property of John Lawrance , December 25 . *

Henry Atkins. The prisoner had been my journeyman until Christmas: I am a Carpenter : I did not know these saws were lost, but the prisoner himself came to me, on the 27th of December, and told me the place where my men were at work was broke open and my saws gone, that were in a house which I was repairing. When he informed me, I suspected him, and stopped him: he then said, if you'll let me go, you shall have your saws again. I took out a warrant and searched his lodgings, and there I found all the saws mentioned in the indictment: he acknowledged that he broke into the house, before Justice Lediard; that he went up stairs and broke open the chest with a socket chissel; that he took mine out of the chest, and broke the door open up one pair of stairs with his axe, and so came at the other saws. He had worked for me about ten weeks, and I never suspected him before. [The saws produced in court.]

William Downs . I was left in trust by Mr. Atkins : we found the place broke open: I was at the prisoner's lodgings at the finding the saws there, two of them are mine. I never heard any harm of the prisoner before.

John Lawrance . One of these saws is mine: I found it in the prisoner's lodgings. I never knew any harm of him before.

Prisoner's defence.

My landlady takes in lodgers : there were two or three more carpenters lay in the same room. I used to go home at night in due time.

Guilty of stealing the goods, except the two saws belonging to Richard Atkins .

[Branding. See summary.]

96. (M.) James Brezeau (a), was indicted for the willful murder of Daniel Cutting . He also stood charged on the Coroner's Inquest for the said murder, Dec 15 .

(a) The prisoner being a Frenchman, and not understanding English, he was allowed an interpreter, and tried by a jury of half foreigners, at his own request.

Robert Thomas . I am Tipstaff to Mr. Justice Foster. On Tuesday the 10th of December I was employed by some people to execute this warrant, [holding one in his hand] which I had from Mr. Justice Foster, on the prisoner at the bar. When we had spent some time in Spital-Fields, we were informed, the prisoner had secreted himself, so that we could not take him: I parted with them, and we appointed another time, which was Sunday the 15th. I was informed he had been convicted upon an action, brought at Westminster, by some Weavers. On the day appointed, I and another Tipstaff met the people in Wheeler-street. almost opposite where the prisoner lived. We several times went into the stair-case, and found his door was shut. We returned to the public-house, the landlord's name is Virtue Hughes, he was Headboborough : there was a man with these people, who, they said, would assist me; his name was Daniel Cutting , a watchman in the parish where the prisoner had lived: he said, he knew the prisoner well, and I could make no mistake if he was with me: that day also being spent, I desired they would excuse me. I understanding the landlord would execute it, they said, they would take care to do it: I desired them to make no breach in the law whatsoever. I also said to the Headborough, take care of yourself, for, from the character these people give him, he is a very dangerous man: the watchman said, if I see him, I'll fasten him, I am strong enough for him. I left the warrant with one Williams, before the officer in his house; I did not expect they would have attempted to take him that night.

Cross examin'd.

Q. What did you leave the warrant in Williams's hand for?

Thomas. For him to deliver it to the Headborough; it was he that employed me.

Q. Did the Constable see you deliver it?

Thomas. Yes, Sir, and said he'd execute it if he could.

[The warrant was read in court, dated December 9, 1751, signed by Mr. Justice Foster.]

John Williams . I am a Weaver, and live in Betnnal-Green Parish : I remember Mr. Thomas, the Tipstaff, delivering that warrant to me, in the presence of the officer in his own house, on the 15th of December, there being no possibility of coming at the prisoner, about four or five in the evening: about an hour after that, Mr. Hughes asked me for the warrant, I delivered it to him, he read it, and delivered it to me again: I put it in my pocket, then we agreed to make no attempt to take him that night. Between six and seven I went out into the street, in order to tell the deceased and two or three more, who were waiting to see him come down stairs, that we had no thoughts of taking the man that night. Mr. Cutting said to me, have you a mind to see Brezeau ? I said, yes, I could like to see him and his lodging; then said he, come along with me. We went up the stairs, which came down into the street; he ordered me to take hold on the bottom of his coat ; on the second landing place, we look'd through a little pane of glass on the right-hand side, about the breadth of the palm of my hand, I saw Brezeau sitting by the fire, and a little boy sitting by him, eating out of a porringer, with a spoon: then I was for coming down stairs again: I left Cutting on the landing-place, and when I had got six or seven stairs down, or thereabouts, it was so dark that I fell up and took hold of Cutting's shoe, and gave it a pinch to come down, at which time I heard Mrs. Brezeau say, Who is that? I think she repeated it a second time; I knew her voice well, having known her some years, immediately I heard a chair rattle: as soon as that noise was over, I saw the door thrown open, and saw Mrs. Brezeau and a candle upon the table by the fire-side, and the prisoner was standing in the center of the room, and the deceased went into the room.

Q. Where was the deceased when the door was flung open?

Williams. He was standing upon the landing-place.

Q. Who had the warrant then?

Williams. I had it then in my pocket.

Q. What was done upon Cutting's going into the room?

Williams. I saw them close directly in the center of the room.

Q. Was the door opened, do you think, by violence, or otherwise?

Williams. There seemed to be no force, I believe it was thrown open by the woman within: they being two strong men, I imagined I saw something of a struggling ; I supposed the prisoner went to turn him out of the room; I called while I was upon the stairs for assistance; for when we went up, we had no design upon the man, therefore we were unprepared : one Leonard Provost was the first. As I was going out, when I got at the bottom of the stairs, there stood one Virtue Hughes, said he, where is the warrant? here it is, said I, I delivered it to him and went over to his house, and said, I believed the man was taken : then I returned to go up again, which was in about five or six minutes, and I saw the deceased at the bottom of the stairs, with his hand to his side, saying, I am killed, I am killed! I passed by him and went up stairs in Brezeau's room, where I found Mr. Hughes, Robert Bennet , Charles Russel , and, I believe, Leonard Provost : Bennet had hold on the prisoner with his arm extended and a hanger in his hand.

Cross Examined.

Q. How came the constable to return the warrant again to you?

Williams. I imagine it to be because he and I had agreed to make no attempt to take him that night.

Q. What trade was Cutting?

Williams. He was a Weaver.

Q. Did the deceased offer to come down when you took hold of his foot?

Williams. He did not.

Q. Did you talk to each other on the stairs ?

Williams. Not a word.

Q. Was he standing with his back to the fire, or the door?

Williams. He was standing with his face to the door, in the middle of the room.

Q. Was it a large or small room?

Williams. There was a bed and a loom in it; I imagine it not to be a small room.

Q. Did the prisoner say any thing when Cutting went into the room?

Williams. I did not hear him say any thing.

Q. Did you say any thing upon seeing the door open?

Williams. I did not.

Q. Did he advance towards the prisoner, or the prisoner towards him?

Williams. I cannot tell, it was in a moment.

Q. In what manner did they close?

Williams. I imagined it was the design in the struggling to try which should get the better.

Q. Who was with the deceased when you went to tell him your thoughts were laid aside for that night?

Williams. Leonard Provost was.

Q. Was any body within the hearing the deceased when he ask'd you to go up stairs ?

Williams. Leonard Provost was.

Q. Were the stairs wide or narrow?

Williams. They were very narrow, I was obliged to clap my back against the wall to let him get by.

Q. How came you, seeing a man go into the room improperly, and having this warrant in your pocket, to let a man pass you, and you not go up to second him?

Williams. I imagined the warrant was of no effect in my possession, and accordingly. I run down stairs to deliver it to Hughes that he might come up and serve it.

Q. Did you go up with him?

Williams. No, I did not.

Leonard Provost . On the 15th of December I was at the bottom of the prisoner's stairs: I heard Mr. Williams, come running down, crying out assistance: I advanced up directly, I pass'd by him on the stairs: I heard the cry of murder very load, I apprehended it to be Mr. Cutting's voice: I knew it well: I went up, the door was fast, it: had a thin latch, I clap'd my hand upon it in order to open it, and said, open the door, they did not: I was by myself about a minute or two, there the man cry'd out murder all the while, he repeated it a good many times.

Q. Did you hear above one voice ?

Provost. I heard none but Cutting's voice: I am sure it was his voice, and the cry was murder.

Q. Did you hear any bufallng about?

Provost. I did not, Mr. Hughes, and Mr. Gosset came up: they knocked at the door, and Mr. Hughes said, open the door here is an officer: we asked them several times: they did not, the man was then crying murder, we pushed against the door, and burst it open: the first: thing I observed was Cutting: he was lying on the bed, on his back, and the prisoner bent over him, and something betwixt them: I saw they both had their hands upon the thing: I clapt the prisoner on the right shoulder and said, you villain you are murdering the man: I had no sooner said so, but the sword was drawn out of the deceased's body, and extended upwards by the prisoner.

Q. Was the prisoner's feet on the floor ?

Provost. They were, Mr. Bennet clapp'd hold of the prisoner's wrist and rung the hanger out of his hand: the deceased got up and went down stairs, and said he was murdered and killed, &c. the prisoner did not speak a word at that time: I saw the deceased again about eleven o'clock at night: he had two wounds, one was under his pap, and the other lower down on the side of his belly: and his finger were cut on one hand. I saw the hanger afterwards Woody; I asked the deceased before several people, who killed him? he was in his senses, and answered, Brezeau the Frenchman: I asked him with what, he said with a sword: I asked him how many times he stabb'd him: he said twice, he was asked the same over again, he answered as before.

Q. Did he give any further account?

Provost. No, he did not, this was about eleven at night.

Cross examined.

Q. Why did not you go up with the deceased and Williams ?

Provost. Because I heard Mr. Williams say, they did not think of taking the prisoner that night.

Q. Did you hear murder call'd out before or after Mr. Williams call'd assistance?

Provost. It was after that, I heard that try as soon as I passed Mr. Williams.

Q. How long had you been at the door, before Mr. Hughes came up ?

Provost. He came up about a minute or two after I was there.

Q. Which way did the door open ?

Provost. It opened inwards.

Q. How far is the bed from the fire place?

Provost. I believe it is about three yards distance: the fire is on the right hand side going in, and the bed stands facing the fire: there was a small table by the fire, and a loom in the room.

Q. Can you give any account who took hold of the hanger first?

Provost. No, I cannot.

Q. How were they struggling? in what manner ?

Provost. The prisoner was like bearing the instrument towards the deceased.

Q. Was the door locked or bolted ?

Provost. I cannot tell.

Virtue Hughes. I am headborough : I went to the prisoner's lodgings about seven o'Clock that night: one Mr. Liesaword came running to my house, and said, Come along, there is murder called out: I asked for Mr. Williams, I went over; and at the bottom of the stairs I met him: I asked for the warrant, he gave it me: Mr. Gosset and Mr. Bennet went up to the landing place: I heard a man call out Murder ! Murder! Murder! which surprised me very much: I clapp'd my thumb on the latch, and shov'd the door hard, but the door would not open: I ordered Mr. Gosset and Mr. Bennet to break it open they did: Bennet crowded by me; I saw the deceased on his back on the bed, and the prisoner over him, his arm went backwards and forwards, I pulled out my staff as soon as I got in, and Mr. Bennet took hold on the prisoner, he turned about, and was going to chop me down; Bennet caught hold on his arm, and said, take care of the sword, and twisted it out of the prisoner's hand: the deceased went out, and dapped his hand on the side of his belly, saying, Oh, I am stabb'd, I am kill'd, I am a dead man! his fingers were bloody, at the same time while they were struggling the candle went out.

Q. Did you observe where the deceased's hands were.

Hughes. No, Sir, I did not.

Q. Were there any more instruments besides the hanger ?

Hughes. No, not as I saw: I believe the deceased had never a stick: I don't remember I ever saw the deceased or prisoner before that day: we secured the prisoner, and brought him down to my house; I left people with him, and went into another room to the deceased, he was sitting in a two-arm chair, and a surgeon examining the wounds: I could not see them then as I did when the Corner was there, then I saw four wounds on the sore part of his body.

Q. Had you any conversation with the prisoner about it after that?

Hughes. No, I had not.

Cross examin'd.

Q. Did y ou observe whether there was a lock on the door?

Hughes. No, I did not.

Q. Did you observe whether the bolt or staple were broke or bent?

Hughes. No, I did not.

Q. Did you see the prisoner and the deceased struggling ?

Hughes. I cannot say as to that; I saw the prisoner on the deceased holding him back, and his hand up.

Q. Did you see Cutting's hands on the instrument?

Hughes. No, I did not: Mr. Bennet ran directly by me, in such a hurry, that I did not observe the deceased's hands.

Q. Do you think he held the instrument up to prevent farther mischief, or to chop you down ?

Hughes. I think to chop me down.

Q. Can you be positive as to that ?

Hughes. I will not be positive, I cannot tell a man's mind.

Q. Did he strike ?

Hughes. He did.

Q. Can you tell but what the extending his arm was upon Mr. Bennet's holding his arm up?

Hughes. I cannot tell but that might be the case.

Q. Was you in that room before?

Hughes. No, I never was.

Robert Bennet . I went into the prisoner's room with the last evidence: I observed the prisoner lying on the deceased, and his hand moving backwards and forwards: I observed something to glitter in his hand; I stopped down and said, he has got a sword in his hand: I took hold of him, and drew up his hand: I called out immediately, and twisted the sword out of his hand, as he threw it up. (The hanger produced in court. )

Cross examined.

Q. Did you see the deceased move his hands?

Bennet. I was not so nigh the bed as to see that.

Q. Had the prisoner hold on the hist?

Bennet. He had, and the other's hands were cut all to pieces with it.

Q. For what you know, the struggle might be to strive who should have the hanger ?

Bennet. It might for ought I know: I heard the officer demand the King's peace several times before.

Q. In what position were they when you entered the room?

Bennet. The deceased was lying on his back on the bed, the other leaning over him on his knees, half bent.

Q. Did you see the wounds afterwards ?

Bennet. I did, they were all on his left side.

Q. On which side did the prisoner lie ?

Bennet. On the right side.

Q. What time did the candle go out?

Bennet. When I first went in, the candle was alight, and till after I got the sword: I laid hold of the prisoner's cloaths, by the nape of his neck, and pull'd him from the deceased, when the deceased got up and said, I am killed, I am stabbed, I am dead; he went down stairs, and I went to the door with him. While I was gone the prisoner flung down Provost and Gosset on the opposite side of the bed: Gosset called for assistance, and I went back and laid hold on the prisoner, and said, you have done mischief enough. While I was with him, on the other side the bed, the candle was put out, I cannot say how, or by what.

Q. Do you imagine the prisoner was going to make a blow at any body when he extended his sword upwards?

Bennet. I did imagine that, and no otherwise.

Q. Did you see his Wife?

Bennet. She was in the room after I had taken him from Gosset: she came from the fire-side, and took the sword out of my hand.

Charles Gosset . About seven o'Clock I was at the Headborough's door along with him: he, Bennet, and I, upon hearing the dismal cry of murder, went up the stairs to the prisoner's room as fast as we could: the officer said to me; do you break open the door; said I, you are the officer, do you: I clapped my two hands with violence to it, but it would not open; then I turned my back part, and forc'd it open, and tumbled into the room: I saw the deceased lying on his back, and the prisoner bent over him, as if he was spitting a pig: With my fall I turned round, and saw the sword: I said, as I recovered myself, he has got a sword in his hand: the prisoner drew the sword out of the deceased's body; I saw it go up, and it seemed to fall again: I said to Bennet, catch hold on his hand: he made a blow at me, the officer, and all of us together.

Cross examined.

Q. How did he make a blow ?

Gosset. By turning his body about.

Q. What trade are you?

Gosset. I'm a Weaver.

Q. Did you see the wounds afterwards?

Gosset. No, I did not.

Q. Supposing the deceased had had the instrument in his body, I want to know whether it must not have passed through him?

Gosset. I say I saw him, like spitting of a pig, stooping, moving forwards, I don't say backwards and forwards.

Q. Did you see no struggling?

Gosset. No, none.

Q. Can you talk French?

Gosset. Yes, as well as I can English.

Q. Did not you in French expostulate with the prisoner ?

Gosset. I asked him how he could be guilty of killing that man? I spoke but little French to him, only to get him to the officer's house; then he struggled, so that the candle was knocked out of the candlestick.

Q. What was his answer?

Gosset. He gave me but little answer; he said, the man was a rogue and a thief; and that he, held his cutteau, and the man jumped upon it.

Q. Did he say he took the man to be a thief?

Gosset. He might say so.

Q. Did not you swear before the Corner, that he said he thought the man to be a thief ?

Gosset. I don't know but I did.

Q. Do you contribute to the carrying on this prosecution?

Gosset. The widow carries it on?

Q. Do you contribute towards it?

Gosset. We have assisted her to buy her some cloaths to go to the burying.

Q. Have not you contributed towards the carrying on this prosecution?

Gosset. I have given some money to her and her friends?

Q. Did you fall to the floor at coming into the room?

Gosset. I did not fall, I made a sort of a stumbling.

Q. Did he strike at the officer and you?

Gosset. There was a sort of an offer; his hand came downwards, somewhat falling, had it not been prevented; it came almost by my face.

Q. Did you ever see the prisoner and the deceased before?

Gosset. No, never.

The Second Part of these Proceedings with be publish'd in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 16th, Friday the 17th, Saturday the 18th, and Monday the 20th of January.

In the 25th Year of His MAJESTY's Reign. BEING THE Second SESSIONS in the MAYORALTY of the Right Honble Thomas Winterbottom , Esq. LORD-MAYOR of the CITY of LONDON.

NUMBER II. PART II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1752.

[Price Four-Pence.]

THE PROCEEDINGS ON THE

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

John Milward . I Am a Surgeon, I attended Daniel Cutting after he had received these wounds, on Sunday the 15th of December, about a quarter after seven in the evening; he was sitting in an arm chair, in a bent posture; I observed one on the left side of his belly; that wound appeared very small; I passed my finger into it, and found it went between the Muscles and the Abdomen; but did not pass into the belly; he was very languid, as if dying, which I could not account for from that wound; so ordered him to be stripped and laid down; I gave him a little pain, and nobody being there to put him as I wanted him, I told the people, if they would get him to bed, as I lived near, I would return; so I went back: I was fetched again, in about an hour and half, and examined him on the bed, and found another wound under his left pap, I passed my finger into it, and found it went between his ribbs; I found a great quantity of extravasated blood, that seemed to proceed from the loins on each side the back-bone; I perceived there was a blood vessel wounded, and the Abdomen was full of blood; I dressed both the wounds; there was another small wound on one of his fingers on the left hand; I observed no other wound at all: after the man was dead, the people described more wounds on his body, but I found it was only blood dried on his body, which with my finger I scratched off.

Q. How deep do you imagine the wound might be?

Milkward. I believe it might be seven or eight inches deep; it went thro' part of the loins and into the Viscera cavity downwards: it had let out most of the blood of the body into the cavity of the Abdomen; that wound was the occasion of his death.

Cross examined.

Q. Did that wound go upwards or downwards?

Milward. It went rather downwards.

Q. You have heard what the witnesses have deposed as to the position of the two men on the bed, do you think that wound could be given while in that position?

Milward. No, Sir, I believe it could not; I apprehend the wound given at that time was the other which was in the lower part of the belly, which ascended into the stomach.

Q. Do you think it might not be done in struggling for the hanger?

Milward. I think it is impossible it should; that which went into the stomach might be given as he was lying.

Q. Which wound do you imagine most mortal?

Milward. That which went downwards, not but the other in its consequences might have been mortal had not the downward been given.

Prisoner's defence

I took the person that came into my room to be a thief; and he laid hold on me before I stirred in my defence; the rest I leave to the management of my counsel.

To his character.

The Revd. Mr. Bouldone. I have known the prisoner a few months; I always looked upon him to be a man of a good character, a quiet peaceable man, and religiously disposed.

The Revd. Mr. Emanuel. The prisoner used to attend divine service with me, he was a good protestant; I have taken notice of him from my pulpit, of his assiduity at divine service; since this fatal accident, I have been very particular in enquiring after his character; I have found him to be an honest laborious man ; he has been in England about two years.

Mr. Lamboe. The prisoner has been in England about two years and half; he was in my service ; I never knew him but an honest, sober, quite, and religious man.

John Russel . I never saw the prisoner but now at the bar ; I have dealt with him, his wife speaks English; he paid me very honestly except the last parcel of goods.

Mr. Gyles. I have known him about a year and half, his general character is that of a very honest industrious man.

James Gautier . I have known him about a year and half ; I have been in his company many times; he is a very honest sober man: I belong to Mr. Emanuel's congregation; I used to see him there most Sundays; I was much surprised when I heard of this fatal accident: I always took him to be a very godly man, not at all disposed to acts of cruelty.

John Ouscourne . I have known the prisoner about a year and half, I used to see him at our church, in my own pew, every Sunday since I have been here: he seemed very attentive; I always looked upon him to be a religious peaceable dispos'd man, quiet and honest as any in the world.

James Protear . I have known him ever since he has been in this country: my opinion of his general character is, that it is a very good one, and that he is a very good Christian. I knew his family in France; and though it is reported, he had done ill things there, he never did, but is a peaceable honest man.

Guilty of Manslaughter .

[Branding. See summary.]

[Imprisonment. See summary.]

97. (L.) Mary Jones , Spinster, was indicted for stealing one silver watch, value 4 l. the property of John Brozier , privately from his person , Jan. 2 . ++

John Brozier. On the 2d of January, as I was going over London, bridge to my home in Southwark, about two minutes after five in the evening, by St. Magnus clock, which struck as I came by it, and I looked at my watch: just before I came to the church, there was a stop on the bridge, made by a cart unloading at a Stationer's shop, I was obliged to stop upon a step of a door, the prisoner come and jostled herself between my legs, with her back to me; she chucked me under the chin with her head; as she jostled, her hands were behind her under her cloak; I believe her backside was fixed in my crutch; I was for pressing forwards, but she still kept jostling and lugging at the waisthand of my breeches; there was a tall man and a woman near her; I saw something go from under my waistcoat, to this man, conveyed by her hand; I put my hand down, and my watch was gone: she had then on a black hat and a long red cloak ; I seized her directly; she never was out of my sight; I searched her, but found nothing upon her.

The prisoner in her defence said, she knew nothing of the watch, and called Patrick and Margery Farrol , to give her a good character.

Acquitted .

98. (M.) John Dunn , was indicted for stealing one iron grate. value 12 s. the property of my Lord Powis , Jan. 7 .

+ Guilty .

[Transportation. See summary.]

99. Samuel Hill , was indicted for the wilful murder of Susannah Crabtree . He also stood charged on the Coroner's Inquest, for the said murder, Dec 17 . +

Elizabeth Dickerson . I am an apprentice of the deceased's; I came down in the morning about eight o'clock; I don't know the day of the month, but it was not long before Christmas, in order to light a fire, all the doors were open; I went into the shop to find a candle, and could not get by; there was the prisoner's candle standing in a little room by the shop; there I found the deceased lying, with her head under the bench, with a gown, one stannel petticoat, and an apron on: I went up stairs to a lodger, a Butcher, who lies in the prisoner's room, and I said, Oh, Lord! my mistress is dead! he came down with me, and saw her, and said, so she is ! Then we called in people, and they came stocking in like a fair.

Q. What time did the prisoner go to bed over night ?

E. Dickerson. I believe he went to bed about half an hour after nine; I went to bed about ten, at which time I left two butchers below as merry as could be: I found the prisoner's cloaths in the parlour where the candle was.

Q. What room had your mistress used to lie in?

E. Dickerson. She used to lie in the fore chamber.

Q. Was there a bed in the shop?

E. Dickerson. No, there was not.

Q. Was her bed made in the morning?

E. Dickerson. No, it was as it us'd to be when she gets out of it. I never was in the room before she was dead.

George Lewis . The prisoner said to me in Newgate, the day after Christmas-day, that when he was committing the murder, he saw the light of Monk's lanthorn, as he was passing by, thro' the slits of the door. We asked him in what manner he began this barbarous murder? he said, he first tied her legs; after which she asked him several questions, as, what business had he there? do you want to lie with me? saying, if you do, you are welcome; that he said, I don't want to hurt a hair of your head, mistress; then he desired the money she had got, and the keys to get some cloaths belonging to a baker that had lodged in the house, and is gone to sea; that she denied him very strongly, and said he should have no such thing; that then he began with violence, with one hand over her nose and the other on her throat: that this was below stairs, between four and five in the morning.

Mr. Hasler. I am the constable. I did not hear of this till ten o'clock; I went to the house, of the deceased, the sign of the Sarah Galley , a publick-house; there was Mr. Purchase, who said he would go and take the prisoner, if any body would bear his charges: I gave him orders to pursue him, and had instructions to tell him his charges should be paid. As we were arguing about going to Gravesend, there came a waterman, named Veal, who had carried him up the water to Billingsgate; he shewed us a hat, which was known to be the prisoner's, saying, the prisoner had bought a new one at a shop.

Mr. Lewis. I had given him that old hat some time before.

Hasler continues. We agreed to make a galley: and row after him; we did, and we went by all the Gravesend boats, till we came to the first, which we boarded, and there found the prisoner ; we put him into our vessel, and took a silver table spoon, nine half crowns, one silver buckle, an old chain, a crooked shilling, a silver groat, a silver two pence or three-pence, a bag of halfpence, and ten shillings and one penny in king Charles's farthings, out of his pocket; also a silver watch. I took a gold rin g off his finger. He had on his back a coat, green waistcoat, and breeches; which cloaths belong to one Cocker, who is gone to sea, and were pawned to the deceased for three pounds. He had also a piece of Holland, which we took. All produced in court. He told me coming up in the boat, that he asked for the cloaths and she denied him; that he then put his thumb behind her wind-pipe, and his other hand on her nose and mouth, and in three minutes she gave over struggling, and was quite dead. I carried the prisoner and things before Justice Berry, who sealed up all the things; when we took the prisoner out of the boat, he said I am glad I am taken, for I am weary of my life, and am willing to die. He produced a piece of waxed thread eight times doubled; this was about the woman's neck. The prisoner is a Shoemaker by trade.

John Purchase . Coming from Limehouse I heard there was a woman killed. I came to Poplar, and saw her lying dead at the coming in at a door in a little shop on her back, with her legs tied with a cord. I told the people I thought I could take the prisoner before the next Night, then came the waterman with his hat (the rest as the former witness, being at the taking the prisoner, with this addition) that the prisoner put his own fingers on each side his own nose, with the palm of his hand on his mouth, to shew them how he stopp'd her breath; that he put a wax thread about her neck first; and that it stuck and would not stide, and then he proceeded to stop her mouth.

William Stock . When we took this man into our boat, he asked if she was dead; I said I did not know, but the people said she was; he said he did not expect she could live above two minutes after he left her; he said he was a dead man, and desired to die for it. The rest as the others.

John Jones . I am a waterman, I belong to the wherry : after the prisoner was brought into her I heard him say he did the murder. The rest as the former Witnesses.

Mr. Brown. I live right opposite to the deceased's house. On Tuesday the 17th day of Dec. I had been ill of the goat, my servant came up to me, and said Mrs. Craberee was murdered, and that it was reported that Hill had murdered her. I with difficulty got over the way; I found she was dead ; the prisoner had before told me, he had a design to go to Dunkirk, to one Curtis, a smuggler, who had sent for him there: while we were settling the rout came a waterman, who told us he had carried the prisoner up to Billingsgate; he described him in the cloaths that are produced here: I knowing the cloaths were left in Mrs. Craberee's house, they pursued and brought him back to Poplar ; I was not able to go. I asked him how he came to do the murder; he answered it was too late, he did do it, and that he was willing to die for it. We took him into the room where he had left his old cloaths, there we made him pull off the cloaths he had on, and put on his own again.

William Monk . I am servant to Mr. Brown. On the Morning the Murder was committed, I came down as usual, and saw a light in the deceased's house a little after three o'clock, in the prisoner's room. and also I saw a light in that room where he stript and left his cloaths: about eight the girl got up and opened the door, and said her mistress was dead. Lewis and I went in and found her in that condition he has mentioned. I took the waxed thread from off her neck; it was not tight, it was crossed behind her neck, to draw each way. I saw her legs tied, but did not take that string off; that was with wax'd thread also. He told me in Newgate, the day after Christmas day, that he saw me go by with my candle and lanthorn, to call the men to the brew-house, through the cracks of the door, when he was committing the murder.

His confession produced in court and read, to this purport.

Middlesex. The free and voluntary confession of Samuel Hill of Poplar, Blackwall, before me one of his Majesty's justices of the peace, Dec. 17, 1751.

'' That he was a lodger in the house of Susannah Crabtree ; that this morning about five or six o'clock, he came down stairs out of his room, and struck a light, and went into a little room, and saw the deceased lying on the floor, that he tied her legs, and put a waxed thread round her neck, and put one hand on her throat and the other on her mouth, &c. and took out the things and money found upon him.''

Signed William Hasler .

Hasler declared this confession was read to the prisoner before he made his mark to it, and that he saw the Justice sign it.

Prisoner's defence.

I was taken in the boat, when I was asked for I said here am I; they laid hold on me and pulled me out, I thought they were going to tare me to pieces ; one had hold on one arm, and another, another, and others to my legs ; I did not know what I said or did; I declare they tied my legs, when I came up to Poplar, there they said hang him, hang him; I was so terrified I did not know what to do; I never wronged any body of money, (thank God.) Before the justice, I being a stranger, one said one thing, another, another; I was in liquor, I did not know what I said; I have lived in good circumstances, and have suffered hardship, that I did not care what became of my life; I desire any of the gentlemen would speak what they know of my behaviour.

Mr. Brown to the question. He has been an idle fellow; the woman's husband was a shoe-maker, he had worked with him; he always spent his money as fast as he got it; I have another indictment against him, and witnesses to prove the cloaths to be the property of Cocker, and the watch the property of the widow.

Q. to Hasler. Was he in liquor when before the justice ?

Hasler. I believe he was a little in liquor, but not so far as to have lost his understanding.

Guilty , Death .

100, 101. (M.) Thomas Holland , and Sarah Willis , spinster, were indicted for stealing seven yards of tabby, six yards of damask, one yard and a half of silk, one damask gown, one tabby gown, two silk gowns, one silk petticoat, one callico petticoat, one linnen sack, all laid to the value of upwards of three pounds, the goods of Jane Farrel , widow, in the dwelling house of the said Jane , December 7 . ++

Jane Farrel . I live in New-broad-court, Long-acre , these two People took a lodging in my house, three Weeks before christmas day; they went for man and wife, they agreed with me for 3 s. per week, ready furnished ; they told me to enquire their character in a court at Fetter-land; I don't know the people's name; I went, they said the prisoners had not been in their house but a fornight; I told the prisoners to send me to another, that could give a better account of them; they came before I had opportunity to enquire; and in the very night they came I heard them quarrel, I woke out of my bed, and desired they would not disturb the rest of my lodgers; the next morning I desired they would seek for another lodging at night; they made very little reply, in the night they quarrelled again, I arose out of my bed again, and desired them to desist, the next day I said I insisted upon their going away; he said he knew more of the law than I did, and it should cost me eight pounds, if I insisted upon it; I went and asked advice; at last the man said he would go; she went away on the Saturday morning, and he about two o'clock in the afternoon ; the box which had these goods in it, stood below; I went down to open it, and found the lock did not open as usual, and it was quite empty; it stood three months in my kitchen, before they came to my house: there were in it a blue tabby gown unmade, seven breadths in the skirt, a pink damask night gown, a flowered yellow silk gown, a water'd gown, a white callico petticoat; a yellow quilted coat, six breadths of white damask, a yard and a half of silk with a flesh colour'd ground; I expected him in the morning, he came in and went out again.

Q. When had you seen the things last?

J. Farrel. They were there when the prisoner came into the house, and I lifted the box the Sunday following into another place; it then was heavy.

Q. What time did you miss the things?

J. Farrel. I missed them on Saturday was seven-night after they came: when we went out that time I was speaking of, he left word, if his wife should come he would be in presently. I ran out, and left the candle in the room, to get somebody to take him, there being nobody in the house; before I came again he had opened the parlour door and took the key and was gone. On the Monday morning following I went with a bit of the same of one of the gowns, and found it at Mr. Beesley's a pawnbroker in St. Martin's-lane. I found also a yellow petticoat, and another gown, at Mr. Frear's in Budge-Row. I took the woman and carried her to Justice Fielding's; there she confessed where the rest of the things were; that some of them were at another pawnbroker's in Aldersgate street. [The Goods were produced in court, and deposed to] I had observed, when they were at my house, the woman would carry things out in her apron.

George Tuffs . I am servant to Mr. Frear's. On Saturday the 14th of Dec. the two prisoners pledged the pink gown with me; they passed for man and wife. I had seen the woman wear the gown; she had a linnen gown out, and left that.

William Turner . I am servant to Mr. Beesley. The woman bought the yellow gown and petticoat to me the 9th of Dec. I saw nothing of the man.

Mary Lenoy . I am a pawnbroker. On the 9th of Dec. the two prisoners came together as man and wife; they said these good were their own; I took them in: they were left in the name of Thomas and Sarah Matthews . She shewed the man's hand writing on a bit of paper, and produced a bundle of the things mentioned.

Holland's Defence.

I never delivered any thing of the writing, nor do I know any thing of the things.

Willis's Defence.

I never delivered any thing to the people. I cannot either write or read: I never stole the things I'll assure you.

To her Character.

Tho Nichols . I have known Willis this Year; I can give her an honest character as any in the world. She went for Thomas Holland 's wife; when he was out of business he went one way and she another. She used to come to the house where I lodged.

Both Guilty 39 s.

[Transportation. See summary.]

102, 103. (M.) Edward Hutchins and Mary Wife of John Hurt , were indicted, the first for stealing two Holland shirts, one silver tea spoon, one silver shoe-buckle, one pair of worsted stockings, one check apron, one blanket; all together to the value of 7 s. 6 d. the goods of Daniel Cook ; and the other for receiving the same knowing them to be stolen . ++

Daniel Cook . I live in Bell-lane, Spital-fields . I am a rug-maker ; the lad Hutchins is my apprentice , he is just turned of fifteen years of age; I lost the things mentioned about three weeks ago. Mary Hurt used to work for me. I took the boy before the justice, he confessed voluntarily that he took the two shirts out of a drawer, and one silver buckle, and all the things mentioned, and carried them to Mary Hurt , and she sold them, all but the check apron; he said she used to come in the morning, and ask him if he had any thing to pawn; she would return it again, and his master and mistress should know nothing of it; he said he had but eight-pence half-penny of her.

Q. Have you found any of the things again?

Cook. I have not.

Q. Did the woman acknowledge any thing?

Cook. No, my lord, she denied it.

Catherine Dixon . I heard the boy say she used to come to him before his master and mistress were up, and ask him for things; and he gave the things to her mentioned here ; and that she gave him some half pence ; I also heard her say she sold one of the shirts for fifteen pence.

Q. When did you hear this?

Dixon. Last Wednesday in Newgate; I asked her whether she knew any thing of the things mentioned, she said the spoon was stopped, where she carried it, till she fetched the right owner, and she never went again; and that she pawned the spoon for a shilling, and carried the odd buckle to sell, and was stopped with it, and that the boy brought these things to her.

George White . The boy confessed before he went before the justice, to me, that he stole the things, mentioning them by name ; and the woman confessed to me in Newgate last Wednesday, that she received them of the boy; and sold the shirt, pawned the apron for a shilling, and the spoon and buckle were stopped; and that she had given the boy some half-pence and pence.

Q. Did she know this was Mr. Cook's apprentice?

White. She did.

Hutchin's defence.

I know nothing of it.

Hurt's defence.

I was fuddled, they told me I should be cleared; I know not what I said, but I never received any thing of the boy.

Q. to White Did you make her any promisses, or threaten her, when she told you, as you have said ?

White. No, my Lord, I did not.

Mrs. Dixon answers the same, to the same questions.

Hutchins Guilty of Felony.

Hurt Guilty .

[Branding. See summary.]

[Transportation. See summary.]

104. (M.) William Batleys , was indicted for that he, on the 31st of Decem . about the hour of four in the night, on the same day the dwelling house of Francis Taylor , did break and enter, one hat, value 4 s. one linnen napkin, one table cloath, one knife, the goods of the said Francis, out of the Dwelling house did steal , &c.

Francis Taylor . I live at the Cock in Tottenham court-road ; on the 31st of December between ten and eleven o'clock at night, I shut up the house; the last thing we do, is to look round to see that all things is safe; we did so that night; then we went to bed between four and five in the morning; the bitch in the house made a great barking, I knocked with my shoe, the maid got up, and went down; in about two minutes after I heard murder and thieves called, I jumped out of bed, the servant man and a lodger came down, we searched the house round about and found nothing, we found the yard and cellar doors open; there was a casement that looks into the cellar, out of the yard, had an iron bar cross it, that was broke much, but they could not get it open; we went down into the cellar, and there we found the prisoner, by the side of one of the butts; we searched him and found the hat he had on was my son's; he had a napkin round his neck, and a table cloth round his body, like an apron tucked up, and a case knife in his bosom, all my property; he had a large stick in his hand; the napkin and table cloth were in the kitchen, we had used them just before we went to bed; in the kitchen window there was a pane of glass taken out to put a hand in, to open the window, which stood open; the hat was in a band box, in a one pair of stairs room; the prisoner said he and three more were with him; he said he bid them go away out of the cellar door; and that as he knew the house, he would go away at any time; he had been taken the Monday was a month before in my house and sent to Bridewell, he said he had agreed with some men in Bridewell, a week before, to come and rob this house, he knowing it well; and that he pushed one of them into the casement, and then he crept after; he said he went thro' my entry about nine o'clock, and by the help of a ladder in our yard, took a pane of glass out of my window where I lie, but the inside shutter was shut, so could not proceed any farther ; then they went up a ladder into my hay-loft, and covered themselves with hay ; my man had been about ten o'clock into the loft, to put on his coat which was there, and he buttoned the door with a great button, as big as my fist, and in the morning that was burst open.

Mary Brown . I am servant to Mr. Taylor; I came down stairs betwixt four and five; the bitch made a noise; my master knocked to know whether any of us were up; I went down, and the bitch followed me into the tap room; the prisoner struck me down with a stick; I had a candle in my hand; I saw his face at that time; I said, in the name of God, what do you do here? I cry'd out murder ; I ran up stairs, he followed me, and struck me down again upon the Stairs; then he made down into the cellar; then my master and others went down, and in about half an hour's time, they brought him up stairs; he had this napkin about his neck, and this table-cloth about his body, like a brewer's apron, my master's son's hat on his head, and one of our cafe knives in his bosom; I heard him tell my master, he got in at the kitchen window, and through the entry into the hay-loft, with two others with him, and another came afterwards.

William Helme . I am servant to Mr. Taylor; I came down betwixt four and five o'clock; I heard the cry of murder and thieves; the other two men were with me; we searched the taproom and yard, and found nothing; then we went down into the cellar; there we took the prisoner with the things mentioned upon him; I heard him say, he slid in at the cellar window, and two men with him, and went into the hay-loft, and that their intent was to strip the kitchen.

John Haywood . I am constable; on New-year's-day I was knocked up out of my bed to come to the prosecutor's: when I came there, they had got the prisoner in one of the boxes in the taproom: I said, what, Will, are you come again? I had carried him to Bridewell before; I thought your time had not been expired; said he, I was turned out yesterday ; said I, you look to have a better hat on than you had on in Bridewell; Mr. Taylor looked at it, and said, it was his son's hat; then the prisoner said, he took it out of a band-box up stairs; then Mr. Taylor began to feel on his apron, and said, what have you got here, this is my table cloth, where did you get it? he said, he had it from out of the kitchen; then he took the napkin from round the prisoner's neck; then the prosecutor asked him, how he could come here again; he said, he and two more men agreed in Bridewell, when they got out, to come and rob the house, and gave an account how they got in, &c.

Prisoner's defence.

I went through the entry, and lay on the mow; I was hungry, and did not know what to do, so I went in and got somewhat to eat, and took that knife to eat with; I had had no victuals for five days before.

Guilty , Death .

105. (M.) Ann, Wife of John Kirsham , was indicted for stealing two shirts, value 10 s. the goods of Martha Owen , Dec. 28 . ++

Martha Owen . I take in linnen to wash; the prisoner ironed for me; the Saturday after Christmas-day I missed the shirts: I took the prisoner up last Friday; she owned it, and said, she was very sorry for what she had done, and begged for mercy, and told us where they were pawn'd; I went by her directions and found them. ( Produced in court and deposed to)

Guilty 10 d.

[Whipping. See summary.]

106. (M.) Elizabeth Bonesure , spinster, was indicted for stealing four gowns, two quilted petticoats, two pair of cloth breeches, and one sattin cap , the goods of Paul Stiles , Dec. 23 .

Mary Stiles. My husband's name is Paul; I keep a cloaths shop. On the Monday before Christmas, about eight o'clock, the prisoner came in with a pretence to light her candle, and, in a stumbling manner, lighted it ; I was backwards ; she and her mother lodged in my garret; she came to light it a second time; after that I went towards my counter, and saw it stripped of the goods mentioned, which were lying there before; I went up to her apartment ; I found her all alone there; she endeavoured to get as way, when she heard there was an officer sent for, in searching her, a person saw something on the tyles, near her window; I went, and out of her window I poked somewhat down; it was taken up below, and proved to be one of the linnen gowns. ( Produced in court and deposed to) I have found nothing else.

Q. Were there any other person in the shop between the time you saw the things lost, and the missing them?

M. Stiles. There were none but one girl who came in with the prisoner.

Q. Did that other girl go up stairs?

M. Stiles. I don't know that she did?

Prisoner's defence.

Mrs. Stiles came and challenged me with these things, after I had been an hour and half in the washhouse; I knew nothing of that gown: she said before the Justice, she had lost many things before, and that, as she had lit of me she would hang me, and make me pay for all.

To her character.

Mary McClough . The prisoner lodged with me last summer: I never found no other of her than honest.

Acquitted .

107. (M.) Sarah Booth , spinster, was indicted for stealing one pair of stays, value 4 s. the goods of Edward Low , Dec. 7 .*

Acquitted .

108. (M.) Francis Stonner , was indicted for stealing one rug great coat, value 1 s. the property of James Underman , and two pounds weight of twine, and some fustian cloth, the property of John Galer , Aug. 21 .

He was a second time indicted for stealing one cloth coat, value 5 s. the property of Thomas Ealing , Aug. 3 .

+ Guilty .

[Transportation. See summary.]

109. (M.) Christian Loreham , spinster, was indicted for stealing one cloth coat, value 6 s. the property of John Green , privately, in the shop of the said John , Dec. 6. *

The prosecutor keeps a warehouse in Cranbourne-Alley , and sells Capuchins, Cloaks, &c. The prisoner had been there, October 20, and agreed for a cloak; after she was gone, the prosecutor's wife missed another. She went there again December 6, when she agreed for another, and paid 8 s. 6 d. for it; the prosecutor suspecting her before, watched her, and saw her put a cloak under hers, and had her searched in the shop.

Guilty 4 s. 10 d.

[Transportation. See summary.]

110. (M.) Michael Magennis , was indicted for the wilful murder of Richard Shears , November 11 . +

Hannah Shears . The deceased was my husband, he was a Carman : he went between five and six o'clock in the morning, on the 11th of November, with his cart to Tyburn ; it was the last execution but one: he went to let his cart for people to get up upon to see the prisoners die: between twelve and one, I heard he was wounded, and gone to Hyde-Park Infirmary: I went there, and found him all in blood: I saw him everyday: I did not see his wounds till after he was dead. On his dying bed, he said, it was a short thick Irish Milkman, that gave him his death wound, that he was wilfully murdered, and that they ran away with his cart and horses, and that murder will never be hid.

Q. Did he say upon what occasion he was used so?

H. Shears. No, my Lord, he did not.

Michael Munday . I went to Tyburn that day, to see the prisoners die; the deceased was there with his cart and horses: there was a sort of a skirmish, and the deceased was striving to get his horses and cart from the prisoner, and two or three more, who had got them from him: the prisoner would not let him have them, and the man that drove the horses threatened to knock his brains out, if he did not go about his business.

Q. Where was this?

Munday. This was at Tyburn: they took his horses by the head, and drove them where they pleased: they drove them down to Bay's-Water, a place beyond Tyburn, about a quarter of a mile, where they staid and drank, and from thence back by Tyburn quite to Tower Hill, with two of the dead bodies in the cart, which they left on the Hill; I saw them use the horses very bad; the prisoner had a hanger under his coat; I saw him pull it out when the deceased came to him, and cut him over the head.

Q. Where was this done?

Munday. It was after they returned from Bay's Water, about 'ten yards on this side Tyburn; he went bare headed after his cart, with the blood running down his ears; I saw him following his cart almost by Nibs's Pound, that is on this side the Turnpike ; he went to a surgeon to be dressed, and I saw him no more.

Q. Did Shears follow his cart to Bay's Water?

Munday. No, he did not, the mob kept him back.

Q. Who put the bodies into that cart ?

Munday. The prisoner and two or three more did, against Shears's consent.

Q. How near was you when you saw the blow?

Munday. I was standing about a hundred yards off under the wall.

Q. Were there many people between you and them?

Munday. There were not many; and I was upon a bank, I had a full command of the mob, there was a scuffle with other people with sticks, before the hanger was drawn.

Q. Did you know the prisoner before?

Munday. I had seen him many times before.

Cross examined.

Q. Did not you see the prisoner in the Gate-house since?

Munday. I did, I went there to see a young man that was there, the prisoner wanted me to come in, but I would not.

Q. Did not you tell him there, that he was not concerned in this murder, but it was two other people?

Munday. No, I never told him so.

Q. How came it he was not seized at that time ?

Munday. There was such a mob, no body would trouble themselves with him; there were near a quarter of a hundred chairmen and milkmen, seemed to be all concerned in taking away the cart horses, with the bodies.

William Latimore . I saw the prisoner along with the deceased's cart and horses that day, driving them as far as Tower-hill; but I did not see the first beginning of it, I was at the execution and saw the first body put into the cart; there were several concerned in it ; I did not follow the cart to Bay's-water ; I saw the prisoner with the rest coming back from thence ; I saw the cart come back thro' the Turnpike and the deceased came after it with blood running down half inch thick; I saw the prisoner with the rest of the mob, at Tower-hill; I followed them, they put the bodies down on Tower-hill, and the constables came and took hold of the prisoner, also another, named Kit. Williams, they were let to go away again, the prisoner was taken up, which was a fortnight ago, and had before justice Fielding, he denied that he was at Tyburn that day; but when Kitt Williams came there, the prisoner owned he was at Tyburn, but said he had nothing but a stick in his hand.

Cross examined.

Q. Who took the prisoner?

Latimore. I did.

Q. Was he not at large then?

Latimore. He was in the street, I met him by accident.

Edward Hilton . I saw the prisoner, and some more, put two bodies up in the deceased's cart, against the consent of the deceased, who said, gentlemen I hope you will be so good, as not to throw these dead bodies up into my cart; for I am obliged to go home about some business.

Q. Did you see them go towards Bay's-water ?

Hilton. I did not, but I saw them coming from thence; they stopped at the Bridge, there lay one dead body; there was one in his cart before, then the prisoner and others threw that up into the cart, and away they drove; swearing by their Maker very much, how they would serve him if he did not lend them his horses and cart, he called them gentlemen, and begged and prayed to have them; they used him very ill, and called him thief; the prisoner was riding on the top of the copses ; he had a hanger under his cloaths, he drew it out, he swore by G - d, and other bitter oaths, if the deceased did not get away, and let go his horses, he would jump off, and cut him down; then he jump'd off and struck him on the right side of the head, close to his ear; after which the cart went forwards.

Q. Did you know the prisoner before?

Hilton. I have seen him carrying milk about the streets several times; I followed the cart to see what they would do; they drove to Tower-hill; there I saw one constable take the prisoner and anotherman; there were about ten constables after them, for laying the dead bodies on Tower-hill.

Cross examined.

Q. How near was you to the prisoner when the blow was struck ?

Hilton. I was close to the horses head, at the time the deceased begged for mercy, that they would not hurt him more.

Q. How did he walk afterwards ?

Hilton. He went as well as he could, but he could not keep up with the cart.

Q. Was the blow before or after the cart had been to Bay's-water ?

Hilton. It was after.

Christopher Williams . As a man was driving the cart on this side Tyburn, I took the whip out of the hands of a man; said I, I can drive those horses better than you can; there were about forty or fifty men of them ; so they made me drive up one street and down another, just where they pleased; I was charged upon Tower-hill for bringing the dead bodies.

Q. Did you see the blow given?

Williams. No, I did not; I saw the man all bloody; I said go and get your head dressed, I'll drive your horses as well as I can.

George Hale . I am a Surgeon, and dress under Mr. Bromfield, at the Hospital; the deceased was brought there on the eleventh of November, about two o'clock; he said he had received a large wound on his head, (I was present) it has pierced thro' both tables of the scull on the right side, about the temple; it was judged necessary to trepan him, bad symptoms coming on; we found matter lodged between the membranes of the brain; he had several contusions from the wounds made, I suppose with sticks; he was hearty when he came.

Q. What in your opinion was the occasion of his death?

Hale. My opinion is, that the wound on his head was.

Prisoner's Defence.

I know no more of it than the child in its mother's womb.

John Dawling . I was at the execution which was the last but one.

Q. Explain yourself better as to time.

Dawling. I can't tell the time exact, it may be about three weeks or a month ago. I happened to be in the Marshalsea, and the time went swiftly over with me, having nothing to do; when I was out I was obliged to leave my place, people came for some notes, I can't tell the sum; so I followed the cart in the road called Acton road, from Tyburn; to the best of my knowledge there were two horses. There was a boy about 21 years of age, in a livery waistcoat on one of the horses, and a man on the cart, and a tall thin man followed it. He on the fore horse made a stop, he went on again, the tall thin man pursued closely, he brought him too, the man was obliged by the crowd to come out of the cart; either by a stick or a whip, I am sure it was no hanger, I saw several blows given.

Q. Where in the road was this?

Dawling. It was on the other side Tyburn

Q. Did you see a hanger?

Dawling. I did, but the blows were not given with that; I heard them say, they had a dead body in the cart: before they got to Tyburn they got another dead body, that makes two. The cart went down the road, and this man that had been bruised came with the cart all bloody.

Q. How was the man dressed that had the hanger?

Dawling. He had on a blue coat, and a dasz wig; his name is Burk, I know him.

Q. Did you see it made use of ?

Dawling. I did not.

Q. Are you acquainted with the prisoner at the bar?

Dawling. By the virtue of my oath, I never saw him till the night before last.

Mary Callowham . I live servant with the prisoner; I never saw a hanger or cutlass, or any such weapon in his house in my life; I did not hear the man was killed till about a month after he was dead and buried.

To his Character.

Thomas Reed . I am a milkman, I have known the prisoner between five and six years, I never saw any thing amiss of him in my life, he has been a lodger of mine above a year and half.

Q. What business is he of?

Reed. He is a milkman .

Q. What country man is he?

Reed. He is an Irishman.

Mary Palace . I have known him six years, he deals where I deal; I never heard he was quarrelsome in all my life, or to have such arms as he is accused with.

John Jones . I have known him about four or five years; I am not greatly acquainted with his life and conversation, I have had dealings with him.

Tho. Burchell . I have known him about four years, I never saw any thing of him that was like quarrelsome ; he once owed me a debt, and when he was in goal he paid me 3 l. of it.

Owen Jones . I have known him about a year, he used my house; I never heard any thing bad of him.

Tho Richards . I have known him about a year and half, I am little acquainted with his character; I have had dealings with him, he paid me very honestly.

Guilty , Death .

111. (M.) Elizabeth Brown , was indicted for stealing 2 brass candlesticks, one pewter plate, and one flat iron the Goods of William Houghton , Jan. 6 .*

Guilty stealing the plate 3 d.

[Whipping. See summary.]

112, 113. (M.) William Watson and George Gutrey , were indicted for stealing 12 fathom of cordage, value 5 s. the goods of persons unknown , Jan . 4 .

* Both acquitted .

114, 115. (L.) Simon Jones and William Coaker , were indicted, for that they in the Poultry-compter , upon James Seddan did make an assault, putting him in corporal fear and danger of his life, one walking cane, value 6 d. one tin bird call, value one farthing, and 8 d. halfpenny in money numbered, from his person did steal .

Dec. 15 . *

James Seddan was a very old man, taken up begging in the streets, and committed as a vagrant. It appeared the two prisoners took the money from him by violence, for what is called garnish money, and sent it for beer; they were reproved for it by the court as an unlawful act, and both acquitted .

116, 117. (L.) Robert Green and Thomas Humphrys , were indicted for stealing 10 gallons of rum, value 3 l. 10 s. The goods of Zachariah Burio and Humphry Spooner , in the warehouse of Richard Scott . ++

Thomas Dutton . On the 16th of Dec. in the morning, two men came from Summer-skey, and told us the warehouse of Mess. Burio and Spooner was broke open; we took the city gauger with us, and had the rum all gaged over, there were none of the puncheons had lost more than two gallons, except two, which we could plainly see had been bored in the head, one of which had lost ten gallons, the other five; one of them just dropt a little.

Thomas Mumford . On the 16th of Dec. between three and four in the morning, Green called me, I was attending the tide, waiting on the Gravesend boats, he said if I would go with him he'd put two or three shillings in my pocket ; he unlock'd the gate of Summer's key, went in, and up a ladder, and up into the buildings, (he is watchman to the key) Humphrys had the candle and lanthorn, the cellar was about half way in the gateway. Green pulled some planks up from above, and went down into the cellar, Humphrys followed, and bid me, I did; Green wanted a gimblet, he went up and brought something like an anger, and bored a hole, and filled a two gallon cag, and gave it to Humphrys ; then we went to the three tuns in Darkin's-lane, the landlord's name is Hyne or Hines; we went in, and asked if he'd buy any rum, he said yes, bring it in, he gave us 10 s. for the two gallons; he emptied the cag, then Green said, ask him if he can lend us a cask, saying, he did not care how big the cask was; he brought us out a cask that I believe held five or six gallons, (produced in court) we three went with it back to the cellar, and filled the two gallon cag, and the six gallon cask out of the same two puncheons; then Green said, I'll throw the auger into the bottom of the hole were we got down, and the people will think the carpenters have done it, for the auger belongs to them. Then Green took the two gallons, and Humphrys the cask, and went into White-chapel to the sign of the Green Man and Bell, and called for purl ; I fell asleep there and knew nothing of it, till Green was taken ; I had no money for none of the rum.

John Gaul . I live at the Green Man and Bell in White-chapel; on the 16th of December, between six and seven in the morning, the two prisoners, and that evidence, came to my house; Green had a cask under his arm, and so had Humphrys, the cask will hold six gallons, it is here in court ; they had a pot or a pint of purl, I can't tell which, after that I put a pot on with some more; then Green went out and brought in some liver and bacon, and desired I would dress it: I said that is rum in the cask, Green said it was; they asked me to buy it; I tasted it, it was rum; I was sent for to Sir Samuel Gore 's to give a horse a drink, and bleed him, that was not well; in the mean time, Green was taken upon suspicion of stealing some rice, that gave me a suspicion the other small cag was gone; I desired a brother headborough which was in my house, to see the cask sealed and locked up; they had told me they had been at Jamaica, and it was sea-store that belong'd to them as wages, &c.

Green's defence.

This witness was the chief person that came to me, to persuade me to do this thing; and was the first man that went down into the cellar.

Humphry's defence.

That witness said, come let us go, it is not the first time I have done such a thing.

Q. to Dutton. Where is Hyne, is he subpoena'd, we should have been glad to have seen him?

Dutton. I carried a subpoena to his house; and left it there, his wife told me he was gone out, but she would give it him when he came home.

both Guilty .

[Transportation. See summary.]

118. (L.) William Bitson , was indicted for stealing 60 pounds weight of lead , belonging to the mayor, commonalty, and citizens of London , December 22 .

++ Guilty .

[Transportation. See summary.]

119, 120. (M.) Joseph Saunders , and Jane Richens , were indicted, together with Eleanor Chun , not yet taken, for the murder of a person unknown , March 25, in the 22d. year of his present Majesty .*

Rice Lewis About three weeks ago, there was a rumour of a person being taken who had murder'd a man on Smallbury green , about three years ago; and as I live in the neighbourhood, and had been foreman of the jury upon the coroner's inquisition, I had a desire to see a thing of that nature brought to light; I went to him where he was in custody; there I heard him make confession how the murder was committed; I asked him several questions, backwards and forwards; he said his confession was from a compunction which he still felt ; that he had no rest ; and that he hoped that confession would give him satisfaction and case; I thought he was a little in liquor, and therefore did not give great heed to it; I asked him if he was weary of his life, or did not know how to maintain himself, he said his confession was from another cause, from some uneasiness he felt from within; after this I understood he went before justice Birkhead, and would there make confession of the same; the justice did not think him fit as being in liquor; the next morning he went voluntarily before the justice, he was then entirely sober; I being an officer in the parish where the robbery and murder was committed, I was sent for, but not till after the confession was made: Mr. Birkhead bound me over to appear in this court, on this occasion; I have frequently seen the two women; they have very infamous characters, after the murder, there was a notion prevailed, that the woman untaken was a person suspected to have been concerned in it; the man did confess in my hearing, he was assisted by two women, that the man he met with on Smallbury-green, was on horse-back; and by their assistance he was pulled from his horse, and after that he put his hand into the man's breeches pocket, and took out six shillings; after which they threw him into a pit where gravel had been dug, for mending the road, and in which there was a lodgment of water of sufficient depth to drown a man ; and when he was in, they took up stones out of the highway and paked him as he lay in the pit; after which he alone took the bridle and saddle from the horse and threw them into the same pit: then they went to some houses, and spent that night in revelling with the money they had taken from the man.

Q. Was there such a person found in a pit?

Lewis. There was a pit, it is not above a quarter of a mile from the place of my habitation, in Isleworth parish : on viewing the body, which was carried to the Stock house, we observed there was some rufflings on the skin, on the back part of the head, and more particularly a bruise on the side of the temple, the skin was a little raised, but I think not enough to cause a fracture, as the Surgeons call it; this was very particular, the body was found floating, some of my brother jurymen saw it, I did not; it is a particular pleasure to me to find out truth ; I had given my opinion, and we were unanimous before the Coroner, that the man was murdered, from that circumstance of the body floating, which we looked upon must have been committed prior to his being thrown in the water, concluding that where the suction is lost, the water cannot enter the body, from its being clos'd, &c.

Q. Did you see the horse?

Lewis. I did not observe there was a horse found.

Q. Was the saddle and bridle found ?

Lewis. No, my Lord, there was no evidence but the body of a man before us.

Q. Is that pond always full of water?

Lewis. It is sometimes full, occasioned by the rains, sometimes it is not so.

John Lighton : I am constable, (he produced the confession of Saunders ) I heard him make this freely before the Justice, here is my name as a witness, which I set to it, and here is Saunders's mark to it, dated Dec. 27, 1751. It is read in court to this purport:

On Easter evening, two years ago, he was in company with Eleanor Chun and Jane Richens , at the Green Man at Hounslow, from seven till twelve at night; that then he and they went out of the said house to Smallbury Green, where they met a man on horseback, very much in liquor, that they pulled him off his horse, that Jane Richens took out of his pocket 6 s. in silver, and that, with the assistance of him, they threw the man into a pond, and then they took up stones and threw at him, and after that he took the bridle and saddle, and threw them upon him, and that the two women and he went to Brandford to three or four public houses, and continued together till seven in the morning, when they had spent the money, then he went home, and farther faith nor.

Lighton continues. I took the prisoner up for breaking a man's windows at Hounslow ; he said, if he came again before a Justice of the peace, he'd make a confession of a murder upon Smallbury-Green. The Justice then would not take his examination, thinking he was drunk: I took him to the house, where they gave him some good victuals and small beer, and the next day brought him again to the Justice, where he made the same confession he had the day before, without variation. He said, he was at work at his father's shop on a Saturday night, that he went out and lit of these two women mentioned, that they went to the Green Man at Hounslow, that when they went out there, they had no money amongst them all, that they agreed to rob some people if they could, that they met this man much in liquor, and he laid hold on the horse's bridle with one hand, and helped to pull him off with the other, that Jane Richens took the money out of his pocket, (once he said he took the money) that they dragged him three or four yards from the place where they robbed him, and put him into this pond, then they took stones out of the highway and pelted him; the Justice asked what stones they were? he said, as big some of them as they could get; he was asked, if he thought they hit him? he said, he could not tell, but that they strived to hit him, and he believed they might; then he pulled the bridle and saddle from off the horse, and threw them upon him; the Justice asked, what he did that for? he said, because they were drunk and mad, and did not know what they did; then he said, they went to Brentford and spent the whole six shillings.

Q. Do you live near the place where the murder was committed ?

Lighton. I live in the same parish.

Q. Did you see the body?

Lighton. I did not, my Lord.

John Godard . I keep a public house in Hounslow ; I saw the body about a quarter of an hour after it was taken out of the water, which lay close by the pond side; there was no water came out of his mouth: he had an ugly wound near his temple. The prisoner, Saunders, broke my windows, so I had him before the Justice; when he was there, he said, he would confess what he had been guilty of, saying, he was guilty of murder; then I was ordered to take him to my house, where he had nothing but small beer and good victuals: the Justice ordered me to fetch the woman at the bar; I went and took her at the Green Man. At five in the morning I went into Saunder's room, said I, how did you sleep? are you easy in your mind? do you remember what you said? he said, I remember what I said, I have slept very well and am easy, and what I said I'll confess.

Q. Do you look upon him to be in his senses?

Godard. I don't think he is mad, he is a very dangerous man, and very wicked.

Q. to Lighton. How long have you known Saunders?

Lighton. I have known him between three and four years?

Q. What do you think of him as to his being in his senses?

Lighton. I think he is disturbed in his mind, his mother says he is at times, and used to have fits.

Q. to Godard. What was the occasion of his breaking your windows?

Godard. He came to my house with her brother-in-law, and had two pots of beer, and he did not chuse to pay for above one, upon which they broke them, and when I desired him to pay for the damage done, he came and broke more; I never knew he was disordered in his mind.

Q. to Mr. Lewis. What is your opinion of him as to his being out of his mind?

Lewis. Although he lives in the neighbourhood, I don't remember to have seen him above three times; he is debauch'd in his morals very much.

Saunders's defence.

I am very innocent of the murder; I never saw the man in my Life; I am not in my senses, nor know what I speak.

Saunders, Guilty , Death .

Richens Acquitted .

Jane Richens was a second time indicted, for that she, together with Joseph Saunders and Eleanor Chun , on the King's highway, on a certain person unknown, did make an assault, six shillings in money numbered, from his person did steal, &c . March 25, in the 22d year of his present Majesty .

Here were no other evidence against her than what had been produced on the former trial, she was Acquitted .

121. (M.) Ann Goodchild , spinster, was indicted for stealing one silver salt, value 5 s. the property of Dorothy Udal , widow, Dec. 8 .

|| Acquitted .

122, 123. (M.) John Guy and Thomas Coulsey , were indicted for stealing two she asses, value 2 l. 2 s. the property of Thomas Elmley , Dec. 6 . +

Thomas Elmley . I live at Deptford ; my asses were in a stable; I have lost two asses, the last was three weeks ago last Tuesday night; it was sold in a brickfield, near Hyde-Park Corner, to one Thomas Turner .

Q. Did you find that ass again?

Elmley. The ass is in the Court-yard, and the man that bought her is here. I found her as the man was driving her along: I took up the boys, and they confessed they stole them both; they shewed me the place where they sold the other, and said it was to a Fisherman, but I never could find that ass.

Q. How old are the prisoners?

Elmley. One of them told me he is almost sixteen years old, the other is almost fourteen.

Thomas Turner . The two boys brought the ass to me at Hyde-Park Corner, and I bought it of them about nine in the morning, about five or six weeks ago; they said they had had her about two years, and used to carry sand upon her; But that is none of the ass this man has sworn to; he has swore to a great white ass with a long swish tail.

Q. Did he see the ass you bought of the boys ?

Turner. He did.

Q. to Elmley. Is that your ass which he said he bought of the two boys at the bar ?

Elmley. That is my ass, she has a slit on her ear, and a brand mark on her hipp.

Guy's defence.

The man knew the ass was stole, and we would have had him took the money again, but he would not; there was a man in the house where he bought it, that said, it was stolen, and knew whose ass it was ; but Turner said, he'd buy it, if it came from the Devil.

Prosecutor. Was I that man?

Prisoner. No, you was not that man, it was Turner.

Guilty of stealing one ass.

[Transportation. See summary.]

124. (M.) John Bennitt , was indicted for stealing one gold watch case chafed, with a diamond button, val. 5 l. the property of Stephen Trequett , Jan. 10 . +

Stephen Trequett . I live in the Strand ; the prisoner and another soldier were going handcuff'd by my door, he had a brick or a tyle in his hand; he dashed it against my shew glass, and beat the glass to powder; I happened to be by it, I got up, and took hold of him; I did not miss any thing then; he said, D - n the glass: the corporal that was with him said, if I could go to the officer on the Parade, for we must carry him there, he would do me justice. After this I went back and missed a gold watch case chased, with a diamond button : I followed them to the Parade, and found Captain Salter: I told him the case, and ordered the Corporal to search him, which he did, and found the case before mentioned. (Produced in court and deposed to.)

Joseph Brockhouse . There were four of us going at that time to be punished; the prisoner's right hand was handcuff'd to another's left; he threw something against the glass, and took something out: I saw something shine, and he put it on his right side. When the gentleman came, he was searched, and the case found between the waistband of his breeches and his skin.

Prisoner's defence.

I was going to be punished, and I was vex'd in my mind; I had suffered a great deal of punishment; I leave it to the Court.

Guilty .

[Transportation. See summary.]

125. (M.) Seth Thorp , was indicted for that he on the King's highway, on Elizabeth Henley , spinster, did make an assault, putting her in corporal fear, and danger of her life, one velvet bonnet, value 12 d. one silk capuchin, value 10 s. from her person did steal , Jan. 4 . ++

Elizabeth Henley . Last Tuesday night, between ten and eleven o'clock, as I was coming along by White-hall, a soldier overtook me, and asked me to let him see me home: I refused him, he being a stranger ; he insisted upon seeing me home, and said, he'd take a great deal of care of me : I still refused him, and he walked by my side till I came to Channel-row in Parliament-street , when he took me round the waist, and threw me down a narrow place: I gave a great scream; he tore my bonnet off my head, and, at the same time, tore my cap very much, and ran away : I got up, and a strange gentleman appeared in mourning; I begged for Christ's like he'd see me through that place; (I never saw that gentleman since or before) he said he would ; when I came into Bridge-street, there came a soldier behind me, and gave my capuchin a jerk from my neck, and ran away with it down Channel-row ; then I gave another great scream, and the watch appeared; I cry'd out, Stop him, there is a soldier has robbed me of my capuchin, he is run down there; the watch pursued him; I went into a Coffee-house, at the corner of Bridge-street, and the prisoner was brought in by three watchmen; one of the watchmen had a velvet bonnet in his hand, which was mine, I swear to it.

Q. Where was you going?

E. Henley. I was going home over the Bridge; I had been at two or three places in the city.

Q. Did he say any thing to you when he threw you on the ground?

Henley. No, he never opened his lips; I did not look him in the face : I don't know that the prisoner is the man that took either of the things.

Q. Did he offer to be rude with you?

E. Henley. No, he did not; when we were there, my way was on the left hand; the gentleman turned to the right; he had not gone two yards from me, when the soldier catched hold of my capuchin; he turned short again, and what happened then I cannot tell, I was so frightened.

John Newhagen . As I was coming along Bridge-street, I heard this woman scream out; I ran and saw a gentleman with her: I asked her what was the matter; the gentleman said, a soldier had robbed this woman of a capuchin and a black velvet cap; they were just on the top of Channel Row, coming into Bridge-street; I was told he was run down Channel-Row; I called out to the next watchman to stop him; he passed that watchman, but was taken in Parliament-street, running as hard as he could, by Andrew Piercy and another watchman.

Frederick Flanderway . I was calling the hour of eleven when I heard the cry of, Stop thief! I put my lanthorn down, and saw somebody by the light of the moon, running hard; the soldier walked by me, who I knew before; then I called out to the next watchman, named Piercy, to stop him, which he did; as we were taking him to Justice Lediard, I was behind him and saw him shuckle, shuckle, shuckle; presently this bonnet dropp'd from under his cloaths, and I took it up; we carried him to the coffee-house, hearing the Justice was there; (the bonnet produced in court and deposed to by the prosecutrix) it was a moonlight night.

Q. Are you sure you saw the bonnet drop from the prisoner?

Flanderway. By my own lanthorn, and the light of the moon, I saw it fall from him.

Andrew Piercy confirmed the testimony of the last evidence, except that of seeing the bonnet fall, he being before and could not, but saw it in the hand of Flanderway as soon as he took it up.

Prisoner's defence.

I had been drinking in Tyburn Road ; coming home I heard this woman scream out in a dark passage; she said, soldier, for God's sake, take me away from this man, for I don't know what he wants, whether to rob or ravish me; I went to look at his face, which he hid between his legs: this was at White-hall; I came back again, and another soldier came up to me and wanted to go to my lodgings; that soldier and I went together to Channel-Row; when I was in King-street, Westminster, I heard somebody make a sad noise in Parliament street, who made it I don't know ; I saw the young man follow her that had been in the dark place with her; I went down to Parliament-street, and saw nothing of them, but as I got upon Channel-Row, she called out, Stop thief; I went down the Row along with them, and the watchman came and took me; I made a stumble and kicked that bonnet before me; then the watchman called out, he has dropped the bonnet from under his arm.

Acquitted .

126. (L.) Samuel Clayton , was indicted for wilful and corrupt perjury , July 5 .

[See No. 443, in Cokayne's Mayoralty.]

George Davie produced the copy of the record of the conviction of Edward Dixon for smuggling, and also deposed he saw the prisoner Clayton sworn before he gave his evidence upon that trial.

Thomas Gurney . I remember the trial of Edward Dixon in this place last July Sessions; the prisoner was the first witness Dixon called, who said, he was a butcher, and lived in Hanover-yard ; that Dixon lived servant with him in 1746, that he came in June and continued with him till the latter end of April following, and that he never lay out of his house one night in that time.

John Lyon, Sarah his Wife, William Payne , Edward Sharpless , William Baker , and John Haywood , all deposed the same they did on the tryal of Payce. [See No. 609, in Cokayne's Mayoralty.] The Contents of their evidence was, that Clayton never had a yearly servant in the year 46, nor in all the time he lived in Hanover-yard, they all living in the neighbourhood.

Prisoner's defence.

I have some witnesses to call.

Mary Swinden . I live in King-street, near the Seven-Dials, at a butcher's shop; I knew Edward Dixon , he went by the name of Blackcap; he used to be employed by me, and one Ned Henley , a Smuggler; I have seen him pay him four and five guineas at a time; the first Monday after the heads were put on Temple-bar, I saw him there, I said, Blackcap, what do you do here; said he, I am reduced very poor, and said, he wished he never had been a rider with Henley, or any of the gang, and had it not been for a butcher, who had took him, he must have wanted : I eat and drank with him; we had a quarter of a goose at a little cook's shop near the Butcher row.

Q. When was the heads put up ?

Swinden. I cannot tell.

Q. Did you ever see this Dixon afterwards ?

Swinden. I went to see Masterson in Newgate, and being curious to see the cells, I saw Dixon there, I said Blackcap, is it you? I am sorry for it; he said, they have swore against me falsely.

Q. Did you see him in the year 46 ?

Swinden. No.

Q. Do you know the prisoner ?

Swinden. I did, when he lived in Hanover-yard.

Q. Did you know him in 46 ?

Swinden. I cannot tell where he lived in 46; I have known him about five years; he has bought my goods for me.

Q. Did you know any servant he kept?

Swinden. I knew one Major that he kept about a year ago, there was another man used to come down to our house, when he has wanted a joint.

Q. What was his name?

Swinden. I used to call him Jack; it was, I believe, two years ago.

Q. Was that his nephew?

Swinden. It was not, I knew his nephew well

Q. What was his name?

Swinden. I don't know; I don't believe the prisoner would be guilty of perjuring himself ; and I really believe Dixon lived with him, as I do that I am here, but Dixon did not tell me where he lived, fearing I should tell Henley.

John Pettey . I live in Hanover-yard, and am a Carpenter; Clayton was my tenant four years three quarters: I have been at his house very often; I have seen many-strange faces in the shop acting in some capacity; but who or how long they were there I cannot tell; I know nothing of Dixon, I neither saw him tried nor hanged.

Q. Did you ever know a servant to live with him a month together?

Pettey. I believe I have; I have seen him they call Major, I don't know whether the persons were relations or servants, or any thing else.

Q. What is Clayton's general character ?

Pettey. I don't know it.

Q. Do you think he would be guilty of perjury ?

Pettey. I hope not, I hope no man will that knows what he is about.

Richard Street. I live near the New Church in the Strand, and am a Taylor, I have known the Prisoner 15 years, I used to visit him often when in Hanover-yard.

Q. Did he keep any servants while he lived there ?

Street. I cannot say he did.

Q. What character does he bear?

Street. I have dealt with him these seven years, he always dealt very honestly with me.

Q. Upon your oath do you think he would be guilty of purjuring himself.

Street. I am not a judge of that, I cannot say any thing about it.

James Gibson . I am a Brandy and Wine Merchant, I live in Thames-street, near the Custom-house; I have known the prisoner about half a dozen years or more: I knew him in Hanover-yard, I have dealt with him for meat divers times since the year 1746; his people came to my house with the meat, sometimes I paid them, and sometimes I paid him, when he came that way; I have been at his shop, and have seen a man at work in it.

Q. How many times have you been at his shop in the whole?

Gibson. I believe three or four times in the whole.

Q. What is his general character?

Gibson. I know no harm of his character.

Q. Do you or do you not believe from the character you have heard of him, that he is likely to be guilty of perjury?

Gibson. I really cannot think he would be guilty of perjury,

Q. Have you ever had any other dealings with him besides buying meat of him?

Gibson. No, never.

Q. Did you ever know him to give evidence in a court of justice ?

Gibson. I believe I have.

Q. Are not you sure?

Gibson. I think I am sure.

Council. One would imagine he never gave evidence for you by your manner of speaking; was it for or against you?

Gibson. I cannot say whether it was for or against, he was evidence once where I was concern'd.

Q. Can't you tell that ; what do you believe?

Gibson. I believe it was for me; I don't exactly remember whither he was suppoena'd by me or my adversary.

Q. How long is this ago?

Gibson. It is some years ago.

Q. How many years?

Gibson. Two or three years.

Q. For what sum was that suit ?

Gibson. I cannot exactly remember the sum.

Q. Did the jury give any credit to that witness ?

Gibson. I don't remember that.

Q. Where did you live when you dealt with him for meat?

Gibson. I said where I do now.

Q. Did you ever deal with him before he was witness in your cause?

Gibson. Yes some times before.

Ralph Taylor . I live in St. Alban's street, I am a Bricklayer, I have dealt with the prisoner for meat, he has sent his servant with it to my house.

Q. Did you use to deal with him very often?

Taylor. Not above three or four times.

Q. Was it by his son or his servant?

Taylor. I can't tell, I saw one at his house which acted in the capacity of a servant; upon my word I never heard a bad character of him.

Q. Would you believe him upon his oath?

Taylor. Really I would not.

Prisoner. Please to ask all those evidences that have been produced against me, in regard to my general character.

Q. to Mr. Baker. What is his general character ?

Baker. He never wrong'd me of any thing, I have heard he has been a common-bail ; people have been to my house to enquire after his character, whether he was a sufficient man to be bail for people.

Q. What answers did you use to make to such questions?

Baker. I always answered, I believed him not a sufficient man for such purposes. I heard him once offer to swear himself worth 500 l. which is not a year ago, at the Judge's chambers.

Q. Should you have believed him worth 500 l. had he swore it?

Baker. No, I should not.

Walter Lee . I live near Oxford-chapel, I know the prisoner by sight, I am not personally acquainted with him?

Q. What is his general character?

Lee I have heard he'll swear any thing, that a cow is a horse, for money.

James Pevey . I live facing St. George's-church, the prisoner's general character is very bad: that he will swear any thing ; it is the common report of the neighbourhood, he is one that is hired to swear in courts.

Mr. Boozsher and Sharpless confirm'd the testimony of the last witness, as to his being a common bail.

Guilty .

[Imprisonment. See summary.]

[Pillory. See summary.]

[Transportation. See summary.]

127 (L.) Thomas Freeman , was indicted for stealing four ounces of silver, value 2 s. the property of Samuel Steff and Peter Floyer , Jan. 11 ++ .

Guilty .

[Transportation. See summary.]

128. (L.) Thomas Wyate , was indicted for stealing one linnen handkerchief, value 2 d. the property of Robert Evans , Dec. 24 . ++

The prisoner picked the prosecutor's pocket of the handkerchief in Whitegate-Alley ; Mr. Dalton saw him do it; he stopped the prisoner, who dropped the handkerchief by his font.

Guilty .

[Transportation. See summary.]

129. (L.) Samuel Bowles , was indicted for stealing one handkerchief, value 10 d. the property of Matthew Fuller , Dec. 20 . ++

As the prosecutor was walking along in Cornhill , he felt the prisoner's hand in his pocket, the prisoner ran on with it in his hand, holding it by one corner, the prosecutor called, Stop thief; a gentleman stopped him ; the prisoner had dropped the handkerchief, which was taken up and delivered to the prosecutor.

Guilty .

[Transportation. See summary.]

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

Received Sentence of Death, 4.

Samuel Hill , William Baileys , Michael Maginnis , and Joseph Saunders .

Transported for 14 Years, 1.

Mary Hurt .

Transported for 7 Years, 24.

Anthony Tamplin , James Bisset , Joseph Tyler , Henry Hulston , John Marley , Richard Titten , John Robertson , John Dunn , Thomas Holland , Sarah Willis , Francis Stonner , Christian Longham , John Guy , Thomas Coulsey , John Bennet , Francis Worrel , Robert Beam , Thomas Humphrys , William Bilion , John Jones , James Boult , Thomas Freeman , Thomas Wyate , and Samuel Bowles .

Samuel Clayton , to be imprisoned 12 months in his majesty's goal of Newgate, during that time to stand in the pillory one hour, between the hours of 12 and 1, in the Old-Bailey, over-against the Sessions-house gate, and at the end of his imprisonment to be transported for 7 years.

Branded, 4.

James Brezeau , and to be imprisoned 6 months in Newgate, Robert Middleditch , Joseph Westley , and Edward Hutchins .

Whipped, 2.

Ann Kirkham , and Elizabeth Brown .

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