Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 02 September 2014), December 1752 (17521206).

Old Bailey Proceedings, 6th December 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 Wednesday the 6th, Thursday the 7th, and Friday the 8th of December,

In the 26th Year of His MAJESTY's Reign, BEING THE First SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER I.

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 Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir CRISP GASCOYNE, Knt. Lord-Mayor of the City of London, the Right Hon. Lord Chief Justice WILLES *, the Honourable Mr. Baron CLIVE +, the Honourable Mr. Baron LEGGE ||, Sir RICHARD ADAMS , Knt. ++ 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.

Edward Welch ,

Hugh Hopley ,

John Malcot ,

Thomas Pearson ,

Francis Piggot ,

William Summerset ,

Thomas Burkett ,

Jos Weston ,

George Bailey ,

Thomas Griffith ,

James Healey ,

Robert Blundall ,

Middlesex Jury.

James Bagnall ,

Thomas Rose ,

William Greening ,

Samuel Jumard ,

Thomas Speers ,

Matthew Peirce ,

William Cubbidge ,

Thomas Henderson ,

Joseph Palmer ,

James Simpson ,

Robert Dudley ,

George Wyatt .

1. (M.) Sarah, Wife of Edward White , was indicted for stealing one quilt, value 5 s. four linen and woollen curtains, value 10 s. two pillows, one brass sender, two linen sheets, one brass stew-pan, and other things, the goods of Thomas Howard , in a lodging room let to be used by Edward and Sarah, &c . Nov. 18 . ++

Mary Howard . My husband's name is Thomas. The prisoner's husband took a lodging of me; I can't find him : They were at my house from April till about two months ago ; it was a one-pair of stairs room ; he was to give me 2 s. per week; it was furnish'd. The prisoner and her husband went to gather elder berries, and said they'd pay me on their return; the room was left lock'd up; I broke open the room-door, with a warrant, about a month after they were gone Every thing was gone except the chairs, table and bedstead ; I lost a brass sender, a copper stew-pan, one pair of sheets, a bolster, two pillows, two blankets, and four curtains; I went with a search warrant and search'd Mr. Pearcy's house, a pawnbroker, there I found the stew pan and brass sender, part of my curtains, one blanket, one quilt, two linen sheets. These goods produc'd in court and depos'd to.

Question from Prisoner. Was there not a woman that had my key to go in and out ?

M. Howard. None but her own daughter.

Prisoner. Did not you give me leave to make use of these things upon my giving you 10 s?

M Howard. No, indeed I did not.

Robert Pearcy . I am a pawnbroker; the prisoner brought these things to me to pawn at several times, the first time was in April, the last in September.

Q. Did any body come with her?

Pearcy No, she came alone, and brought them as her property. These are the same goods that have been produc'd.

Prisoner's Defence.

The Prosecutrix gave me leave to pawn them upon my promising to pay her 10 s. but having a from a tree, could not bring the berries, or I had put them in their places again.

Guilty .

[Branding. See summary.]

2. (M.) Richard Ford , was indicted for stealing two harnesses, value 10 s. the goods of John Smith , Sept. 25 . ++

John Smith . I live in Long-Acre , and am a Coachmaker ; I lost two chariot harnesses out of my shop on the 25th of Sept. having seen them that day, I advertised them on the 29th, and on that day I saw one of them on a horse in a hackney-coach going by, belonging to William Flin , I stopp'd it, and William Flin came and said before justice Cox he bought them for 16 s. The justice ordered him to return the harnesses, and do the best he could to find out the man he bought them of. One harness was produc'd in court, which he depos'd to, the other he had at home.

William Flin . I keep a hackney-coach ; the prisoner brought this harness to me on the 25th of Sept. at Mr. Dickerson's shop, and Mr. Dickerson valued it at 15 s. I bought it for 16 s. he told me he had them to sell for a coachman.

William Dickerson. I am a Coachmaker, in Gray's-Inn-Lane; the prisoner brought this harness to my shop to sell to Mr. Smith; I hung it up that I might see it, and valued it at three crowns ; the prisoner said he brought it from the Cross-Keys in Gracechurch Street, and was to sell them for another man: Mr. Smith bought it of him for 16 s.

Prisoner's Defence.

On the 25th of Sept. I was going to look after business near Gray's Inn Gate, I met one John Johnson , he ask'd me to sell the harness for him, and said he'd pay me for my trouble; I took them and inquir'd in Holborn, then in Bloomsbury-Square, there I was told William Flin wanted such; I went and found him at Mr. Dickerson's house, and sold that to him, and Johnson stay'd at the Lane-End the while ; I went and gave him 14 out of the 16 s. I have seen him once since, and never but once.

Guilty .

[Transportation. See summary.]

3. (M.) Richard Boyce , was indicted for not surrendering himself according to the King's Order in council There was no evidence produced against him, the jury found all the issues for the prisoner .

4. (M.) Samuel Dust , was indicted for stealing a silk handkerchief value 3 s. the property of Lockhart Gordon , privately from his person , October 26 . ++

Lockhart Gordon. On the 25th or 26th of October, about eleven at night, I came out of the Bedford-Head coffee-house, Covent Garden , and walking under the piazzas by myself I felt something pull my handkerchief out of my pocket, so I immediately turned about and saw my pocket handkerchief in the prisoner's left hand ; I seized him by the breast, but he turned his body to prevent my seeing the handkerchief, and dropped it on the ground; I saw it fall ; upon which I told him he had picked my pocket of my handkerchief, and he should go before justice Fielding; he said he had not, and refused to go. He pointed at another man, saying it was him that picked my pocket and flung the handkerchief under his arm. I saw a parcel of ugly fellows about me: I seized him by the collar, drew my sword, saying I was more than a match for him, took him into the Bedford coffee-house, and sent for the playhouse guards who were not then gone.

Q. How far was this from the Bedford coffee-house ?

Gordon. It was about thirty or forty yards.

Q. Was it light enough to discern the prisoner's person?

Gordon. It was (the lamps being lighted) very light. I took him to justice Fielding's, who was in bed and refused to get up; this gave the prisoner fresh courage, who used me very abusively saying, that he would blow my brains out, or words to the same purport.

Q. from the prisoner. How near was I to him when he missed the handkerchief ?

Gordon. If he did not touch my shoulder, he was as near as he could stand.

Q. Had you ever seen the prisoner before?

Gordon. No, my lord, not to my knowledge.

Prisoner's Defence.

I was going thro' Covent-Garden piazzas, and a young fellow ran away at the same time; there was also a great crowd about the gentleman when the handkerchief was lost.

For the Prisoner.

Thomas Parnel . I am a blacksmith, and live in St. James's, Soho ; I have known the prisoner ever since he sucked at his mother's breast, but never know any harm of him.

Martha Parnel . I am wife to the other witness, and have known the prisoner 18 or 19 years, but never heard any ill of him in my life.

Martha Holland . I live in St. George's, Hanover-Square, and have known the prisoner 15 or 16 years, but never knew any harm of him.

Anne Robertson . I am servant at the Faulcon at Hide-Park-Corner, and have known the prisoner many years, but never heard he wrong'd any body.

John Millers . I have known him about nine or ten years, and have worked with him at a great many jobbs; he is a labourer ; I never heard any harm of him.

Ann Millers . I am wife to the last witness, and have known the prisoner eight or nine years, but never knew any ill of him.

Guilty 10 d.

[Transportation. See summary.]

5. (M.) Penelope, wife of George Lister , was indicted for stealing one linnen shirt value 4 s. the property of Henry House ; one linnen shift the property of Dorothy Rawlinson , spinster; one linnen shift the property of Anne Rawlinson , spinster; two linnen shirts the property of Thomas Hall , October 25 .

++ Acquitted .

6. (M.) Esther Charlton , spinster, was indicted for stealing one silver watch value 3 l. the goods of John Ilive , privately from his person , Nov. 24 . No evidence appearing she was acquitted .

7. (M.) Sarah Chapman , widow, was indicted for that she, in a certain court called Dudley Court, in an open place near the king's highway, on James Mears did make an assault, putting him in corporal fear and danger of his life, one purse value one penny, one guinea and thirteen shillings in money from his person did steal , October 29 . ++

James Mears . I live at the Lock-and-Key in Hog-Lane, and coming home between twelve and one in the morning on the 29th of October, I went into an alehouse in Dudley-Court , and had three pints of beer, where I saw the prisoner and several others, (about five or six in number). Being lame on one hand, I was obliged to undo my purse with my teeth, the prisoner, who went out before me, jumped upon me and clasped me about the neck, da - ng my eyes and limbs, and said I should go along with her. She immediately put her hand in my pocket, and forcibly took out my purse, in which was a guinea and thirteen shillings. I met no body; the prisoner had a little girl with her, but no body else was near me.

Q. How long did you stay after you had paid your reckoning ?

Mears. I went immediately after. I secured her, and she was sent to the Roundhouse, where the constable searched her cloaths.

Q. What is your employment ?

Mears. I deal in horses, and have a stable near Denmark-Street.

Q. How came your lameness?

Mears. It came with a cut on my nuckle, which has been opened five or six times.

John Harrop . I live in St. Giles's High-Street. In the morning of the 29th of October I heard t he prosecutor had been robbed, and the thief put into the Roundhouse. As I went to church I made water in the Church-yard against the Roundhouse. There I saw the purse lying on the ground, and took it up. (Produced in court and deposed to by the prosecutor as his property, which he lost with his money ). The Roundhouse window faces the place where it lay.

Q. from the prisoner. Ask the prosecutor if he did not give his wife a 36 s. piece in the watch-house after I was there.

Prosecutor. I did, but that was loose in my pocket.

Prisoner's Defence.

Mr. Mears desired me to drink a pint or two with him, I did and went out, he came out after me, and told me, if I'd go down the alley he'd give me a shilling, which I took, and, knowing that he had a wife and family, would not be concerned with him, so I ran away with the shilling; then he cried out I had robbed him to be revenged of me.

For the Prisoner.

James Milbourne . I am a Watchmaker, and live just by Hicks's Hall. I knew Mears before, having seen him in Smithfield buying and selling horses; I saw him yesterday at Hicks's-Hall, I ask'd him what his business was; he said, I am come to tuck a bitch up that pox'd me seven years ago; as to the prisoner I know nothing of her.

Prosecutor. I declare I never spoke to that man yesterday.

Acquitted .

8. William Clark , was indicted for forging a warrant or order, under the hands of Lascells and Maxwell, to this purport:Pray pay to Mr. William Clark , the bearer, the sum of 287 l. 15 s. 9 d. and place it to the account of Lascells and Maxwell) and publishing it with intent to defraud , Sept. 23 . to which he pleadedGuilty . Death .

9 (M) John Stocker , was indicted for stealing one cloth coat, value 5 s. the property of Robert Smith , Nov. 15 . ||

Robert Smith depos'd, the coat was the property of his master Richard Airs .The prisoner was Acquitted .

10. ( M.) Hannah Reed , Widow, was indicted for stealing one brass pot, value 9 s. the goods of John Dailey , Nov. 18 . ||

John Dailey . I live in St. Giles's, in Eagle-Street ; on the 18th of Nov. the brass pot was standing at my door, my next-door neighbour asked me if I had sold the pot; I said no; he said a woman had just carried it away, I followed her and took her with it in her hand. Produc'd in court and depos'd to.

Guilty 1 s. 4 d.

See her tried before, No. 508. in last paper.

[Transportation. See summary.]

11. (M.) Elizabeth Dean , was indicted for stealing one brass saucepan, value 10 d. one hat, value 10 d. one shirt, value 10 d. the goods of William Garret , Nov. 20 . ||

The Prisoner had lived servant with the prosecutor, who appeared in court, and the pawnbroker also with the goods mentioned in the indictment pawn'd by the prisoner; but the prosecutor not swearing to them, she was Acquitted .

12. (M.) Isaac Walker , was indicted for stealing two linnen sheets value 4 s. the goods of Arthur Swaine , in a certain lodging room let by contract , &c. January 18 . +

Arthur Swaine . I am a publican ; the prisoner took a lodging of me at 1 s. 6 d. per week about three weeks before last Christmas at eleven at night. He lay there and went away with the key the next morning leaving the door locked; there had been clean sheets laid on his bed, which he took with him. He came again the 16th of last month to take lodgings of me, pretending that he worked at the same place he had said before he did, which I enquired into and found to be false, but, knowing him again, detained him on this theft.

Q. Did you ever get your sheets again?

Swaine. No, my lord.

Prisoner's Defence.

I was in Kent at the time the prosecutor speaks of his sheets being lost.

Guilty .

There was another indictment against him for a crime of the same nature.

[Transportation. See summary.]

13. (M) William Crofts , was indicted for stealing two Gloucestershire cheeses, value 4 s. the goods of John Curtise , November 22 . ||

John Curtise . I am a cheesemonger and live in Holborn . I was in my parlour and had a full view of my shop; I saw the prisoner come into my shop and take up two Gloucestershire cheeses and go out with them; I followed him, took the two cheeses upon him, and brought him back.

Prisoner's Defence.

As I was coming down Holborn I saw the two cheeses lying down by the side of the kennel, so I took them up, and the gentleman took hold on me.

Guilty .

[Transportation. See summary.]

14. (M.) Charles Horseman , was indicted for stealing one pair of linnen sheets, value 4 s. one rug, value 1 s. one iron pot value 6 d. the goods of Edward Barret , in a certain lodging room let by contract , &c. November 11 . ||

Edward Barret . I live on Salt Peter Bank , and let the prisoner a ready furnished lodging. The goods mentioned in the indictment were missing after he had been there about three weeks, so I took him up on suspicion of taking them away, and he was committed. Two or three days after that, I was informed by a strange woman that the goods were pawned at the house of Robert Pratt in White Lion-Street, so I got a search-warrant, went there, and found them accordingly. The pawnbroker said they were pawned there by one Susanna Whitehead in her own name.

Q. Where is the pawnbroker?

Barret. He is not here.

Peter Talbot . I was the constable who went with the prosecutor and found the goods at the house of Pratt. They were pawned in the name of Susanna Whitehead.

Acquitted .

15. ( M.) Anne Fox , was indicted for stealing one gold ring value 15 s. one pair of silver buttons value 1 s. 6 d. one silk handkerchief value 3 s. two guineas and one half guinea, the goods of Patrick Quin , in the dwelling house of Samuel Porter , October 11 . ||

Patrick Quin . I am a lodger in the house of Samuel Porter , and left the prisoner in my room to take care of my child. I went out between four and five the 17th of October in the morning, and came home by eleven, but found neither the prisoner nor the child in the room, and not having the key in my pocket was obliged to break open the door, where I found my poker and a hammer lying by the box in which were my effects ; the lock was broke, out of which I lost two guineas and a half in gold, one gold ring, a pair of silver buttons, and a silk handkerchief. My wife went out about six o'clock and locked the box. I had these things in my own hands over night. When the prisoner was in the Roundhouse she owned she pawned the ring and buttons for 14 s. to Mr. Harrison before me and some others, and that she spent the money. The handkerchief was taken upon her, which she owned she took, and that she took them out of the box. I went to Mr. Harrison and found the ring and buttons by her directions.

George Harrison . The prosecutor came to my house and asked if I had a ring and a pair of buttons pledged in the name of Fox for 14 s. which I found to be so; ( produced in court) they were in the name of Ann Fox . Mr. Fielding asked her, how she came to do such a thing; she said she believed the Devil possessed her: My servant took them in: I never saw the prisoner till before the Justice.

George Johnson . I was Constable: I took her and brought her to the Round-house; there she owned taking the gold ring and buttons, and that they were at Mr. Harrison's, and that she had taken and spent the money.

Q. Did she mention the sum ?

Johnson. She did not. A handkerchief I found upon her. (The rings, buttons, and handkerchief produced in court, and deposed to by the prosecutor.) There were the Prosecutor's and Wife's initial letters of their names in the ring and on the buttons, S Q P. I fetched Harrison to Mr. Fielding's, and he brought the ring and buttons.

Sarah Quin . I am wife to the prosecutor: I went out at six in the morning, and had locked the chest, and had the key in my pocket: I left in the chest two guineas and an half in gold, the ring, and buttons. (She deposed to the ring and buttons.) I left the prisoner and my child, about three years old, in the room: I returned between ten and eleven, the door was lock'd, we broke it open, the window was blinded up, that none might see what had been done within : The money and things were missing : I heard the prisoner own, in the Roundhouse, that she took the things mentioned.

Q. What was the whole of the money you missed out of the chest?

Sarah Quin . There were sixteen shillings in silver and a guinea and an half in gold missing, which is all there were.

Samuel Porter . I live in Newtoner's-Lane : I have a house there: The prosecutor and his wife rent a room of me: I heard the prisoner own she had taken and pawned the ring and buttons: At first she own'd taking no more than sixteen shillings; they asked her where it was; she said it was d - d. This was in the Roundhouse; the silk handkerchief was about her neck, and the constable offering to take it, she made an attempt to hide it.

Prisoner's Defence.

I was a hired servant to them for half a guinea for half a year. I went to demand my wages when my time was up, and he said, if I did not hold my tongue, he'd lay me fast in Newgate.

For the Prisoner.

Elizabeth Garret . I am a milkwoman; the prisoner served me about two years and a half ago, but I never knew any harm of her. I have not seen her a great while since.

Margaret Conner . I have known her three years, but never heard any thing ill of her before this.

Elizabeth Hodges . I have known her about a year, but never heard any ill of her; she worked hard for her bread.

Christopher Fox . I am her own father, but have nothing to say in her behalf in this affair. I never heard her character stained before this.

Guilty Death . She was recommended to mercy .

16. (M.) Sarah, Wife of John Pool, otherwise Sarah Pool , Widow, was indicted for the murder of John Pool , her late husband , Nov. 9 .

She likewise stood charg'd on the coroner's inquest for the said murder. ++

Henry Urswell . I was sent for the 28th of Nov. to take the prisoner up, being constable; I know nothing about the fact.

Mary Oats . I have known the prisoner and her husband about three years, they lived in King's-Head-Yard, Shoreditch ; she came to take a room in our house last lord-mayor's day, and took it; they came at night, and went to drinking in our apartments above both together: She went down and he followed her about eight o'clock into their apartment, soon after that I heard a noise as if they were both fighting in their room, I went down to part them, and found them both standing; she said I will not be pull'd about, I will not go up any more, and squatted down on the hearth; he was going to pull her up, saying, she should not sit upon the cold hearth, but before he had laid hold on her, she said, stand away, and took up a piece of brick, about a quarter of one, and threw it at him; he clapp'd up his hand to his forehead and said, I believe you have done it for me now ; she was frightened; he tied his handkerchief about his head; neither of them were right sober ; she got up and said to him, keep it tied up that it may not get cold. I went up then into my apartment again, and so did he, and she followed him, and continued there about an hour, and seemed very agreeable.

Q. Was any thing mentioned about the blow above stairs?

M. Oats. No, my lord, there was not ; I went to bed and knew no more of it.

Q. How long did he continue at that apartment after this ?

M. Oats. He was there but till the Monday following, then he was carried to the Infirmary.

Q. Between the Wednesday and Monday did you see him?

M. Oats. I did on the Monday, he went about his business a day and a half.

Q. Did you see any blow struck?

M. Oats. No, I did not.

William Ferrey . The deceased and I work'd both in one house, I went to see him on the Saturday after he went into the Infirmary, and ask'd him how it happen'd; he told me his wife had flung a piece of brick at him; I ask'd him no more, nor did he say more.

Paul Boare . I was in the hospital in the next ward to the deceas'd, and have seen the prisoner come to see him; I had us'd frequently to go to see him. On the Sunday our nurse said to me, I heard say his wife did it by slinging a brick. After his wife was gone, I went and ask'd how he did, and desir'd he'd let me know how this affair happened ; he said, that on lord-mayor's day, at night, his wife and others were drinking together, his wife grew drowsy, and laid her head on the table; he would have her get up and lie on the bed, she kick'd him on the private parts, and hurt him, which he resented, and words arose; then the child's godmother came down and took her part, whereupon she took up a brick, flung it at him, and so did it.

Q. Did he say he struck her?

Boare. No, he did not,

Q. Did they seem friendly in the hospital?

Boare. They did; she came often, and was there on Sunday and on Monday morning; and when she came on Tuesday morning he was dead.

Jos. Agate. I live in the same house; the Saturday following, at night, after the lord-mayor's day, the deceas'd and his wife went out together, and came home together, and they went to fighting; I heard the man say, Sally, my dear, I want to live in peace, be quiet, I'll never strike you more; she said, D - n you, you dog, I'll cut you down.

Richard Kentish . I am a surgeon, and was at the London Hospital when the deceas'd was brought in, on the 11th of November, he had a small wound on his forehead; the bone was bare, but not fractured, and in a few days he became exceeding ill; it was the opinion of Mr. Harrison, mi, and others that he should be trapann'd, which he accordingly was; I saw it. The deceas'd complain'd also of a violent pain in his breast, he was blooded, and several other methods made use of to relieve him, but all ineffectual, for he died on the 27th of November.

Q. What appear'd on your trapanning him?

Kentish. There was no matter appear'd, but upon opening his head after he was dead, we found it lodg'd under the dura mater; there was a great deal of matter upon the brain under the forehead, and part of the brain was mortified: We opened his body also, and found there was a great inflamation on his stomach, and upon that side of the liver which lies upon it.

Q. By the symptoms which he had, and the appearances of the bod y after dislocation, what do you think was the occasion of his death?

Kentish. The violent blow he receiv'd on his head.

Q. Do you think the appearance you saw on his stomach might have occasioned his death if he had not had that wound on his head?

Kentish. I believe it might.

Q. Then why do you think his death was owing to that blow he receiv'd on his forehead?

Kentish. There were two appearances of the cause of his death, it might be from either of them.

Prisoner's Defence.

I never meant to do him any ill in my life, nor did him any to my knowledge.

Guilty of Manslaughter .

[Branding. See summary.]

17. (L.) Absolam Stennet , was indicted for stealing 14 lb. of sugar, value 3 s. the property of Roger Drake and Berston Long , Esqr s.

Nov. 10 .

It was laid over again to be the property of persons unknown.

+ Guilty 10 d.

[Transportation. See summary.]

18. (M.) Elizabeth Spencer , spinster, was indicted for that she in the dwelling house of Margaret South , otherwise Leonard, widow, upon Richard Hule , did make an assault, putting him in corporal fear of his life; and stealing one silver watch, val. 3 l. Dec. 2 . +

Richard Hule . I live in New Cross-street, by Leicester fields; I am servant to George Scot , a baker: Last Saturday night I was coming up Drury-lane between eight and nine o'clock, she said, baker, how do you do? I thought she was a customer's maid, one Mr. Hall in Duke street ; I said to her, what did she there at this time of night, she said, what will you please to have? I went up to the Plough, a publick house, she said, she would not go there, but to her mistress's house; I went there, she asked, what I would give her to drink, there was another woman with her : Then I said, what you will, she called for the Mistress of the house, but would have 6 d. for it before hand: She desired me to make a glass, and forced me to take it ; she desired me to sit down, I did, she came to my knee, and said she was going to buss me, I push'd her from me, she got hold of my watch and pull'd it out; I got hold of her arm, the other woman behind took it, and run away with it : I ran by her to catch the other, the prisoner push'd me back, either with her fast or head, and said, what did I want? the other ran quite off with it, I was not above 4 or 5 minutes in the house ; she was taken up on Monday, and committed by justice Fielding. I did not know who she was till I got into that house.

Q. Was you put in fear?

Hule. I did see some men below, I did not know but they would knock me on the head.

Q. from prisoner. Where did I first see you?

Hule. At the corner of a court in Drury-lane, a little before 9 o'clock.

Prisoner's Defence.

I will make it appear I was ill, and was not out all that blessed Saturday.

Lucy Field . I never saw the prisoner till she sent for me; as he us'd me ill, he came up to my mother's room, and desired me to go to the Justice ; he charg'd me and dragg'd me down

Q. Who is he?

Lucy Field The Constable and Prosecutor.

Q. Look about for him.

She did, but did not know him ; she said he left her, and charged several other persons.

Acqu .

19, 20, 21. (M.) Ambrose Redhate , Paul Wood , and Joseph Stevens , were indicted for stealing four loaves of bread, value 20 d. the property of Walter Goman , November 18 .

+ All three acquitted .

22. (L.) John Thrift , was indicted for stealing 10 d. in money , the money of Thomas Jordan , Nov. 15 . ++

Mary Jordan . I am wife to Thomas, he is a Baker , we live in Shoemaker-Row, near Aldgate ; the prisoner was our journeyman .

Q. What do you charge him with?

Mary Jordan . Having missed money at times out of the drawer, and suspecting the prisoner, on the 15th of Nov. the shop being shut up, the prisoner was below in the bakehouse, I concealed myself in a closet in the kitchen, where I could look into the shop.

Q. How long had the shop been shut up?

M. Jordan. Almost an hour; the prisoner came up stairs with a candle in his hand; he came into the kitchen and cut himself some victuals; then he went into the shop with a hammer in his hand; with which he raised up the counter, and took out the till.

Q. Was the till locked at that time?

M. Jordan. To the best of my knowledge it was; I had the key and never used to take it out but when it was lock'd; I saw him take out some half-pence; I went into the shop as he was shuting it down and told him I could see he made free with the till, and asked him if he had taken enough; he begg'd my Pardon, and gave me the money into my hand, which was 10 d. all in half-pence, and told me it was the first time he ever had done so.

Catherine Richards . I am servant to Mr. Jordan: Mistress suspected somebody had been opening her till; in order to find out who it was, she and I concealed ourselves in the closet: I saw the prisoner come up out of the bake-house (which was under the shop) and go into the kitchen, and cut himself some victuals; after which he went into the shop, and with a hammer lifted up the counter, and took out half-pence; he put his hand in twice, and laid them down on the counter by him; after which Mistress went to the shop door, and asked him if he had taken enough; if not, bid him take more, and said, are not you a pretty fellow for robbing me? He begged her pardon, and gave the money into her hand.

Q. How much was there of it?

Richards. I did not tell it ; I saw it was halfpence she told me there was twelve-pence halfpenny.

Prisoner's Defence.

There was a customer came to the bake-house door for 2 quartern loaves; I took the half-pence for them, and went up and laid them on the counter, when I went up for my supper.

Guilty .

[Transportation. See summary.]

23. (L.) William Morris , was indicted, for that he, on the king's highway, on John Birk did make an assault, putting him in corporal fear and danger of his life, and stealing from him one hat, value 2 s. one thread purse, value 1 d. and 7 s. in money numbered, the property of the said John, from his person, and against his will , Nov. 15 . *

John Birk. Last Month I was coming along the street on Snow-Hill , I don't know the Day, it was a little after eight at night; the prisoner came to me; by the lamps and lights at Windows I saw him, and am certain it was he; he put his hand to my shoulder and called me countryman, and said he was very glad to see me, adding, he knew my Friends, and asked me to go in and drink a pot of beer with him. I said, I did not know him; he then, said we'll talk the times over when we go in.

Q. Where was this?

Birk. This was under the Saracen's Head gateway : with great persuasion I did go. When I got a little farther under the gate-way, he pulled out his private part, (and talked such indecent sodomitical language best omitted here) wanting me to go with him to some private place: said I, are not you ashamed to offer that brutish action to any mankind? then he asked me what I had got in my breeches, saying he was d - able poor; I asked him what he meant; he said if I did not surrender that instant, and d - d me, he'd cut my throat from ear to ear; he had some instrument in his hand which I took to be a knife; he jabb'd it in my mouth, it struck against my teeth and I turn'd my head about at the time, or it had cut my mouth open; I made to the street; but when I was at the edge of the street he was then got before me; there he up with some weapon that he had in his hand, struck me on the temple and knock'd me down; I received another blow on my right breast after I was down, that brought blood from me many days; after this, I felt his hand at my breeches pocket, he presently ran away; I got up and found my pocket half inside out, my purse and 7 shillings in it were missing, I missed also my hat; I had not power to get far, but fell down again in my blood: after this, there came people to me, and when I came to myself, they asked me, whether I knew the man; the blood was in my mouth, I could not speak properly, I catch'd hold on the prisoner's apron, and when I could speak, said, he was the man.

Q. Who brought him to you?

Birk. I did not know the men, they were some that are here to give evidence.

Q. What did the prisoner say, when you charged him?

Birk. He said he had been with me, that I ran against him, and he knocked me down; he was carried before my lord mayor, and I was sent to the hospital that night.

Q. When did you see him after this?

Birk. I saw him again that same night in the hospital; there were some other people with him, they ask'd me whither I knew the man, that had done me the mischief; I then knew him again, and the next day also I knew him before by lord mayor.

Michael Booth . On Wednesday the 15th of Nov. last, between 8 and nine o'clock, I came up the Little Old-Baily, I heard a person cry out, he has robb'd me, murder! murder! I ran as fast as I could, and when I came to the corner of the Fountain tavern, there the prosecutor lay betwixt the post and the house on his back, all in gore blood: I spoke to him 2 or three times, he could not speak, seveveral people passing by, I said, let us get him up; I told them, I heard murder cry'd; we set him on the bench, and got water and washed his mouth, he bled from his temple very much; he said, the fellow that did it, was run down Snow hill; I left him, the other people being there, and ran down the hill; the prisoner was taken: I met 3 or 4 people bringing him along, I said to the prisoner, you have murdered a man; he said, what if I have? We brought him to the man, to see if he knew him, he was sitting on the bench, I said, countryman, do you know the man that knock'd you down, which is he? The prisoner had a little bit of a green apron on, the countryman catch'd hold on it, and said, this is the man; and said, he had robb'd him of 7 shillings in a purse, he was very bad and could hardly speak. I was not before my lord mayor, so know no more.

John Griffiths . I was sitting in the Ten Bells facing the Saracen's-Head on Snow Hill, and hearing a person call out murder! murder! I went out and saw a mob about the prisoner. I asked where the man was that was hurt, and was told he was near the Fountain tavern. The mob let the prisoner go on Snow-Hill ; we took him again opposite to the Three Bushes, and told him he had both robbed and murdered a man; he said, it is no matter for that, I am glad of it: so we brought him back to the wounded man, who said, when he saw him, this is the man that did me the injury.

William Lewis . As I was going from the Exchange home down Snow-Hill, I saw two men leading the prisoner along, who said a man was robbed and murdered; I ran along, and when I got up to him, the prisoner and a little man were rising from off the ground; we brought him first to the wounded man at the Fountain door, and asked him if he knew who did him the injury, and he declared the prisoner to be the man; when we brought the prisoner to go before my lord mayor, in Newgate-Street some of the company wanted to rescue him, others declared we could not hold him without an officer, asking how we dare do it. I believe he had more friends than enemies about him at that time. He had something tucked into his coat that stood out, which he dropped, and his friends I believe picked it up. He lost his apron. When we came almost to St. Martin's Le Grand I saw a handkerchief (I believe it to be red and yellow ) dropping out of his bosom; I said, I believe you have dropped your handkerchief; he replied, the handkerchief may be d - d, he had not lost any thing. Then some people drove us about as tho' they intended to drive us down together; I believe they belonged to him. When we came about Woodstreet end, the prisoner began to cry China oranges or lemons, silberts, and such like goods. We took him to my lord mayor without any officer; after which one came.

Q. from my lord mayor. Did you go along with the prisoner when I directed a number of persons to go with him to the hospital to see if the person there knew him?

Lewis. I did, and the wounded man singled out the prisoner from amongst about fourteen men, and said he was the man that did him the injury.

The prisoner being asked whether he had any thing to say for himself, would not speak.

Guilty , Death .

24. (M.) Susanna Cartwright , spinster, was indicted for stealing one mahogany tea chest value 2 s. five silver tea spoons value 5 s. one silk bonnet value 2 d. two brass candlesticks value 2 s. one linen apron , the goods of John Musgrove , Oct. 9 . +

John Musgrove . I live in Frying Pan Alley, Spital-fields , and lost the goods mentioned in the indictment (mentioning them by name) out of my kitchen the 9th of Oct. between eleven and twelve at noon.

Q. When did you see them last?

Musgrove. I saw them in the morning at breakfast time. I went out to work as usual, and had word brought me that the goods mentioned were stolen; I went home, and the same night received intelligence that the tea chest was at the house of Henry Frances a pawnbroker. My wife can give a particular account.

Elizabeth Musgrove . I am wife to the prosecutor. The goods mentioned were that morning safe in the kitchen, the tea chest stood on the dresser, the two candlesticks on the mantlepiece, the bonnet and apron being behind the door. I went out of an errand about eleven o'clock, and came back about a quarter before twelve ; I found the door open, and missed the tea chest first, and after that the rest. A friend of mine went with me to justice Gore for a search warrant; he went into a publick house, who saw Mr. Frances the pawnbroker, who told him he had got such a tea chest, so it came to be found out; I went to his house the next day, and found the chess to be mine. (Produced in court and deposed to). When I took her she had my apron on.

Henry Frances . I am a pawnbroker. The prisoner at the bar brought this tea chest to my house some time I believe in October, but can't remember the day; she said she was destitute and had a tea chest to pledge, and that she had a great many things to bring at times; she had two shillings upon it. I went to a publick house in the evening, and a man came in and said he had been in order to get a warrant to search for things stolen; he mentioned the tea chest, and I told him I had taken in such one. Then the prosecutrix came and owned it. The prisoner came again in November, and wanted to sell the chest; so I sent for the prosecutor and his wife, and had her secured.

Prisoner's Defence.

I had those things of one Mary Smith , who lives in Angel Alley on the other side Moorfields, who told me she had a great many other things.

Guilty .

[Transportation. See summary.]

25. (M.) Anne Farley , widow, was indicted for stealing two linnen sheets value 4 s. one rug value 1 s. the goods of Martha Alexander , widow, in a certain lodging room let by contract , &c. September 22 . +

Martha Alexander . I let the prisoner a lodging on her own account; she was in it about two months; she left the lodging on the 31st of September, locked the door, and took the key with her. After she was gone three or four days, I had the door broke open and found the things gone. She left a man in the room, who went away after she was gone.

Q. When did you see h er again?

M. Alexander. I think it was on the 22d of September, I found her in bed in Hog-Lane; I took her before the justice, then she told where the things were, and went with me to Mr. Herring, a pawnbroker, and asked for them, where I found one sheet and the rug.

Marphet Allen. I lodge in the prosecutrix's house, and was by when the prisoner was taken; she was asked where the goods were; she said she knew but of one sheet, and went with us to Mr. Herring, where we found one sheet and the rug.

John Herring . I am a pawnbroker, the sheet was pledged to me the 21st of October, and the rug the third of November by one William Farley , a young man.

Q. What did you lend upon them?

Herring. I lent eighteen-pence on the sheet, and nine-pence on the rug.

Q. Did the prisoner come at the time ?

Herring. I know nothing of the prisoner, I think I have seen her before, but don't know.

Prisoner's Defence.

I cohabited with that man (name William Farley ) he beat me very barborously, I left him for a week, and in that time he pawned the things.

Acquitted .

26. (M.) Barbara Robinson , spinster, was indicted for stealing one stuff gown, value 12 d. one stuff petticoat, value 12 d. one muslin handkerchief, value 8 d. the goods of Elizabeth Flinn , widow, Nov. 9 . +

Elizabeth Flinn . I live in Norfolk-Street , the prisoner liv'd with me once, about 4 years and a half since, and they behaved very honest and sober. She confess'd she stole a stuff gown, a petticoat, and a muslin handkerchief from me. Produc'd in court and depos'd to.

Q. When did you miss these things?

Eliz. Flinn. She being out of place, came to my house at times with a servant of mine, and having robb'd another person, was taken before justice Fielding on the 9th of Nov. and there freely confess'd the taking them. I miss'd them on the 7th of Nov. the handkerchief was then at one Bibby's a pawnbroker, who deliver'd it to me.

Guilty 10 d.

She was a second time indicted for stealing one cambrick handkerchief, value 5 s. one stuff petticoat, one pair of stuff shoes, and one linen cap , the goods of Eliz Vaughan , spinster, Nov. 9 . +

Eliz. Vaughan. I hired the prisoner the Monday before the lord-mayor's day, and discharg'd her on the Wednesday following; she was not capable of doing my work, and I gave her leave to come on Thursday at noon to help the maid dress dinner, when she took an opportunity to take away a cambrick handkerchief, a laced cap, a petticoat, a riding-hood, and a pair of black shoes out of my house, my property; she was taken and carried before justice Fielding, and had the cap on her head then, which I did not desire to be taken off. The shoes, petticoat and handkerchief produc'd in court, and depos'd to.

John Rasbridge . I am a pawnbroker, the prisoner at the bar pawn'd these shoes with me for 1 s. 6 d.

Eliz. Black. The prisoner had the petticoat in pawn at a pawnbroker's ; she took me there and I bought it of her 1 or 4 s.

William Clark . I am constable; I went and search'd a woman's lodging that sweeps the streets, by the prisoner's direction, and found this handkerchief.

Prisoner's Defence.

I was with miss Vaughan almost a fortnight, for which she paid me half a crown; and wanting a little money, I took these things, and made away with them to buy me a pair of shoes.

Guilty .

[Transportation. See summary.]

27, 28, 29. (M.) Mary Dawson , spinster, Susanna Williams , spinster, and Mary Williams , spinster, were indicted for stealing one silver watch, value 5 l. the property of Alexander M'Alla , privately from his person , Nov. 5 . +

Alexander M'Alla. I met Mary Dawson in the Strand, and the other two along with her, near the Globe, between Marygold-Court and Exeter-Change, on the 5th of Nov. about half an hour after six o'clock in the evening, I took her into the Globe alehouse , the other two went in with us; I had my watch then in my pocket.

Q. Did they ask you, or you them, to go in and drink?

M'Alla. I ask'd Mary Dawson if she'd drink a dram; we only stood at the bar and had one quartern of gin, and they all three drank of it; then I went straitway as far as the New Church in the Strand.

Q. Was there no body else with you?

M'Alla. There was James Forrister with me, who went in and drank with us, and went on with me; I miss'd my watch when at the New Church, we came directly back, and met Mary Dawson and Susannah Williams coming down Marygold-Court; we took them in at the Coach and Horses in that court, Forrister and I had been there about ten minutes before ; I sent for a constable, and sent for Mary Williams and she came, and we took them all three before justice Lediard. Upon their examination they all said they knew nothing of it; he committed two of them to Tothilfields-Bridewell and the other to the Gatehouse.

Q. Have you ever heard of your watch since?

M'Alla. No, I have not, I advertis'd it twice; nor can I charge it upon any particular person. Upon their second examination Mary Dawson told the justice she saw Mary Williams take hold of the string of my watch and take it out of my pocket, but what she did with it she could not tell.

Q. Did you feel any body take it out?

M'Alla. I did not.

James Forrister . I was along with the prosecutor on the 5th of Nov. about half an hour after six at night, and saw him take out his watch to see what o'clock it was; we had been at the Coach and horses in Marygold Court, the house of Mr. M'Daniel's; we came to the sign of the Globe and met with the three prisoners at the bar, they came round him and desired him to go in and drink a dram; we went in, but did not stay two minutes there; and when we came to the New Church, which was in about four minutes time, he said he miss'd his watch, we came back and secured two of them at Mr. M'Daniel's, the other was brought in a little time after; when they were taken before the justice, they all denied knowing any thing of the watch; but on their second examination Mary Dawson said she saw Mary Williams take hold of the string and pull it out.

Q. Did she confess any thing as to herself?

Forrister. No, my lord, she did not.

Dawson's Defence.

As we were walking towards the New Church in the Strand we met the prosecutor, he stopp'd me and ask'd me how I did; I said pretty well, he ask'd me where my pocket was, and said, if I had none he would give me one, and by main force he dragg'd me in, and these Girls followed us.

All three Acquitted .

30. (M.) Thomas More , was indicted, for, that he, on the 6th of May , about the hour of one in the night on the same day, the dwelling house of Hannah Norton , widow, did break and enter; 4 pair of leather shoes, value 4 s. 2 pair of leather pumps, value 5 s. did steal, the goods of the said Hannah, in her dwelling house . ||

Hannah Norton . I live at Brentford ; on May the 3d I went out to washing, when I came home at night and went to fallen up my windows, I missed my iron-pin to the window, that I key within-side ; so fastened the window up with an awl-tack and a piece of leather. I have but one door and one window; my journeyman got up first on the 6th of May (I keep a translator's shop, and he translates old shoes for me) he found my window-shutter down; I missed 6 pair of shoes and pumps, which were there when I went to bed; my man's kitt was intirely gone, we went to a second hand shop, and inquired of a woman, she said, she had a pair of new pumps pawn'd to her for 10 d, and after that, a pair of women's and a pair of men's shoes sold to her for 17 d. My journeyman took them up, and said, he would swear to the work, that he translated them up, I knew them to be mine; she said, she had them of the prisoner: I took him up, and had him before the justice, there he own'd it, and said, he being a little in liquour, came into my house and took the shoes out under his coat; ( the two pair produced in court and deposed to, and an iron pin to a window,) this is my iron pin, or much like it; I found it at the prisoner's mother's house, where he lives; with another pair of shoes; he had on another pair of pumps of mine on his feet.

Prisoner's defence.

The journeyman that work'd with my prosecutor told me he wanted money to go to the alehouse with; he brought the shoes to me to sell for him; he is a man that travels about and is since gone away.

For the prisoner.

Mary More . I am the prisoner's mother; he was at home with me on the 6th of May between 6 and 7 o'clock, the prosecutrix's journeyman brought the shoes to my son to sell; I am sure my son was never out of my house that night; the journeyman has been gone away ever since.

Q. Where was he the 3d of May at night?

M. More. He was at home that night ; he was out seeking after work.

Elizabeth More . I am sister to the prisoner, he was at home betwixt 6 and 7 the 6th of May in the evening, the prosecutrix's servant came with shoes to him to sell.

Q. How do you recollect it was the 6th of May?

E. More. Because it was Brentford fair day, my brother was not out afterwards that night ; my mother was not very well and I sat up with her all night, and he was in the room with me.

Acquitted .

31. (L.) John Slow , was indicted for that he on the 9th of Nov . about the hour of three in the afternoon, the dwelling-house of Samuel Becket did break and enter, the said Samuel then and there being, one silk purse value 12 d. one canvas bag, one leather pocket, two two-guinea pieces, four guineas, three half guineas, two thirty-six shilling pieces, one moidore, and five pounds in money number'd, the goods and money of the said Samuel in his dwelling-house did steal, take, and carry away . ++

Samuel Becket . I am a breeches-maker and live in Long-lane near Smithfield ; last Lord-Mayor's day, between two and three in the afternoon, my house was broke open; up one pair of stairs, the partition that comes into a closet, which closet opens into my room, was broke through; the prisoners house joins to mine, the hole was broke out of his house; the pannel was broke, two boards split in two about a yard and half in length, and the lath and plaister was broke through, so that a man might with case get through: all was safe and my money in my drawers between eleven and twelve that morning; then I saw my purses and pocket and money in them, in all 20 l. there was two two-guinea pieces, two thirty-six shilling pieces, one moidore, four guineas, three half guineas, six crown pieces, and the rest in silver, which was about 3 l. 10 s. the silver was in the leather pocket, which pocket I had made use of three or four years, it is a particular one; the gold was in a green purse, I saw the gold in it as it lay, it was in my middle drawer in my chamber where I lie, in a chest of drawers: between two and three o'clock I was alone in my house and heard a noise, Mr. Slow's wife was knocking at his door almost a quarter of an hour; the neighbour at the next door to him look'd out and said I believe your husband is not at home; perhaps he is gone out to see my Lord-Mayor's shew; Mrs. Slow said, I know he is in the house; bye and bye he came down and let her in: I went up stairs about four o'clock, and then shut my windows down.

Q. Was you awake all the time you was at home?

Becket. I was.

Q. Was you sober?

Becket. I was all the time.

Q. Did you hear any noise above stairs?

Becket. No, my Lord, I did not. About two or three months before this, the prisoner at the bar desired to see my apartment, and brought a candle, pretending there was a pannel loose, and he wanted to fasten it: I went up with him: My closet is a longish dark place: He went in, I did not, but I examined it since, and find the pannel fastens on his side and not on mine.

Q. When was you in the closet last ?

Becket. About three or four days, or a week before it was broke through.

Q. After you found the house broke, what did you do?

Becket. I examined into the affair, and found the prisoner had a man and a woman lodged in his garret, I went and knocked at the door between four and five o'clock, there was the woman lodger, who said she lived there, and the prisoner came from the door at the same time and said, what is the matter? there was also his wife. I said, who had broke their house into mine to-day? the prisoner said I don't know, I have nobody but a man and a woman lodger in my garret. I left him there, and found afterwards he was very flush of money that night, so I fetched a search-warrant the next day, and went to his house, which we searched and found both gold and silver, and after some time the leather pocket which had my silver in.

Q. What pieces of money were found?

Becket. Silver and gold between 5 and 6 l. but I cannot swear to any of it.

Cross Examined.

Q. Was this the house he lived in where you found that pocket?

Becket. It was, he has made doors from one to another.

Q. Whose room is that which was on the backside your closet?

Becket. He keeps it in his own hands, it is a one pair of stairs room.

Q. What description did you give of this pocket to persons you talked with?

Becket. I have said it is a little coarse in the grain, it is not taken off so clean as sometimes leather is, and one side there is a speck or two of the grain upon it, I can pick it out from a hundred.

Q. Did you say before my lord mayor you knew it because it was stitched with yellow silk?

Becket. I said there's a place looks as if it was stitched with yellow silk.

Q. Did not you tell any body it was stitched with yellow silk ?

Becket. No, I did not.

William Newton . I was present when Mr. Becket missed his money, about four o'clock in the afternoon he said he had lost 20 l. he lighted a candle, went up stairs and came down again, saying, my money is gone, and my house is broke out into Slow's: then I went up with him, he opened the closet door, and put down the candle, where I saw a hole big enough for two men to go through in the pannel out of Slow's passage into the prosecutor's closet.

Q. How was the plaister wall?

Newton. There was no plaister wall as I saw, only wainscot or boards nailed up against a post. We went to Mr. Slow's house and found his wife, and in a moment he came. We had a notion of a person that lives in the upper part of the house; they were ready to get a candle, then we went up there, and all was secure. When the search-warrant was got I was present at the searching of the house, none but the prisoner was left with me, who walked up and down for about a quarter of an hour, but nothing passed between him and me, There was a rattling of money up stairs, then he left me and went up and came down again, saying, it is very surprizing to me he has not been robbed before now. After that came the officer and Mr. Becket, and searched below, where Mr. Greenwood brought out a linnen bag, and asked Mr. Becket if that was his, he said no. In a minute after that, or less, he brought out that leather pocket and tossed it down, and Mr. Becket said, this is my pocket in which my silver was. After this we went to the Mansion-House to have a hearing before my lord mayor. The prisoner walked up and down, and seemed very uneasy, so I said to him, had not you better make it up with him, it is running a great hazard to go before my lord; he said, I'll do any thing to make Mr. Becket easy; said I, doubtless some of the money is embezzled away, give him the remainder: then he said, suppose I give him a note for the remainder. Presently after he said, if I do my character is blasted, and I may as well he hang'd.

Q. Where was this conversation?

Newton. This was in the Mansion-House before we appeared before my lord mayor.

Cross Examined.

Q. Who was by at this conversation?

Newton. There were none by but he and I.

Q. Where do you live?

Newton. I live in Wood-Street.

Q. What are you?

Newton. I am a breeches-maker,

Q. When the pocket was found, did not he call his wife to bring a pair of breeches that it was taken out of?

Newton. He did desire her to fetch a pair of breeches that a pocket was taken out of, but there was no proof it was that pocket.

Richard Nash . Mr. Becket appeared before Sir George Champion for a search-warrant, and I, being an officer, went along with him and searched the house of the prisoner; we found between 5 and 6 l. in money, then I came down stairs and looked among some rubbish in an old trunk all rags and very ordinary stuff, there I found a little linnen bag, I was down on my knees, so sent it out by another man, which the prosecutor did not know. After that I looked farther, and found this leather pocket in that trunk, and Mr. Becket directly said he had it many years to keep his money in.

Q. Did he mention he thought it was done with silk ?

Nash. He did mention that he thought it was done with silk, but when he came to look at it, he said that the place that he meant was a stain in the grain of the leather: The prisoner said it could not be Mr. Becket's, because it came out of his black breeches; they were fetched down, and no pockets were out of them.

Q. Did you find any thing else?

Nash. No, I did not; Slow was in a great quandary.

Q. Amongst whose things did you find the pocket?

Nash. Amongst the prisoner's things.

Prisoner's Defence.

We went over to Mr. Greenwood's; the prosecutor said, my pocket has got yellow stitches in the middle of it. I said, had it been stitch'd with stuff of any colour? At last Mr. Nash said, here is a crease; then said Mr. Becket, that is the place I meant: I was very much in a flutter, and said I had a pair of breeches which I had lengthened: the next day, when I came to consider better, I found how the thing was, but then I did not.

For the Prisoner.

Thomas Ripshaw . I am a piece of a Taylor: I remember taking out a pocket for the prisoner out of a pair of breeches on the 14th of March was a Twelvemonth: I carried them home to him: He was angry I did not put it in again: I told him, I thought two pockets would be sufficient to hold his money and mine.

Q. Should you know that pocket again?

Ripshaw. No, I don't say that: There is not an honester man in London than he is.

John Seagood . I believe I have known the prisoner four or five years: I was with him before my Lord Mayor on Saturday morning; the descriptions the prosecutor gave for knowing the pocket, was by yellow stitches, and the goodness of the pocket.

Q. What is the prisoner's general character?

Seagood. A very good one; that of an honest man.

Mr. Langford. I have known him about six years, he worked in my house two years and a half, and I have trusted him with many sums of money.

Q. What is his general character?

Langford. I take him to be as honest a man as ever was born down to this time.

Q. How long is it since he worked in your house?

Langford. He has been gone from me about two years and a half.

Mr. Jordan. I have known him these last two years, and look upon him to be as honest a man as any in Christendom; he has had opportunities to defraud me; my apprentices have given him sometimes a corner, or circle too many, and he has brought it back again, saying, your boy has given me this too much. He was always very honest, and is a clock-engraver .

Mandevile Sinnersal. I have known him about 10 or 12 years, and always looked upon him to be a very industrious honest man. I have employed him, and believe he never wronged me nor any body else.

Guilty of felony only .

[Branding. See summary.]

32. Elizabeth Jones , Widow, was indicted for stealing five pewter plates, value 2 s. 6 d. the goods of John Gall , Dec. 1 . ++

John Gall . I keep a public house in Whitechapel ; on the first of December the prisoner came into my kitchen, I did not see her come in, but I saw her come back the second time; she laid a plate down on my dresser; she was brought back by a person who saw her take it. I was going to take her before justice Gower ; then she confessed she had, at divers times, taken five, and had sold them to John Bamfield, a pewterer in Whitechapel. I went: there and found them. (Produced in court and deposed to.) The prisoner had nothing to say.

Guilty 10 d.

[Whipping. See summary.]

33, 34, 35. (M.) John Aubery , John Barker , and James Maddor , were indicted for that they, together with Thomas Burnet , on the 30th of September , about the hour of one in the morning, the dwelling house of Rebecca Lowe , widow, did break and enter, three loaves of bread value six-pence, and one slice of gingerbread value one-penny, the goods of the said Rebecca did steal . +

Rebecca Lowe . I live in Chelsea parish, and keep a Chandler's shop : I shut up my shop as usual between ten and eleven o'clock; on the 30th of Sept. last I went to bed, and was awak'd by a noise: I thought it was my cat making a rummaging in my shop: I got up and went a little way, but was afraid she should fly at me, so went to bed again; in the morning, between six and seven, I got up, and found my window broke, and a loaf of bread lying in the middle of the floor, and three loaves of bread and some ginger-bread were missing. The prisoners were all taken up on some other affair, and I had notice they had confessed this fact. I went to Tothilfields Bridewell, there I saw Watson the Evidence, and Barker; they both confessed this fact; Barker said, he broke my glass window with his elbow.

Thomas Midhurst . I know Barker and Aubery, and when I heard they were apprehended I went to Bridewell with the prosecutrix. Watson the evidence, Burker and Aubery had first a design to break open my shop; I live near the prosecutrix; but through mistake broke open her shop. They confessed they twisted the pin of the window about till the key fell out, then they broke the glass and took out three loaves and one slice of gingerbread and ran away with them.

Q. What shop do you keep?

Midhurst. I keep a cloaths-shop.

Q. Had you known either of the prisoners before?

Midhurst. No, I never saw them till I saw them in Bridewell.

Q. How old do you take Barker to be?

Midhurst. I believe about 13 years of age.

Charles Wheeler . I am under-turnkey to Tothilfields Bridewell; when two of the prisoners and evidence were sent to our place, Aubery call'd me on one side and told me of their breaking this shop open by him and four others, that is, the evidence and two other prisoners, with one Pen Burnet, that they intended to rob an old cloaths-shop at the upper end of Jews-Row, by Chelsea college, but they miss'd it, and happen'd on this chandler's-shop; Barker was by at the time, he said he was the first that put his hand on the pin of the window and turn'd it about till the key fell out; then they opened the window-shutter, and broke the glass with his elbow, and they took out some loaves and gingerbread; upon which I went to the woman's house and found she had been robb'd as they had said. Maddox was committed to Clerkenwell Bridewell, I never saw him till now; Barker was ask'd by many people his age, they wondering that so little a lad as he should be concern'd in such an attempt; he said he was above fourteen years of age.

John Watson . The three prisoners, Thomas Pen Burnet and I, were drinking at the Red Lion in the Ambery beyond Tothilfields the 30th of September, till between 10 and 11 o'clock at night, when we all went out with a resolution to rob the first man we met; we went up the Willow-Walk and met no body that we thought would be for our advantage: then we went to where this woman lives, but our intention was to break open the house of Mr. Midhurst, because Pen Burnet said he knew the shop; we made a mistake and broke into Mrs. Lowe's house; we turn'd round the pin of the window and the key dropp'd out, then I took down the window-shutter, and Barker broke the window with his elbow, and took out a twopenny loaf and a piece of gingerbread; after that we got out two more, and roll'd one on the floor, then we went round the King's Road with them, with the same resolution to stop the first man we met, but met none that suited us.

Q. Where is Pen Burnet?

Watson. He is not taken.

Q. How old is Barker?

Watson. I don't know.

Q. How long have you known him?

Watson. About a year.

Q. What are you?

Watson. I am a carpenter and joyner, Aubery work'd at labouring-work , Madox is a Shoemaker , and Barker lives with his father and mother.

Q. When did you first come acquainted with Barker ?

Watson. By his being acquainted with some that I know, at a house in Drury-Lane, and the ship in Broadway.

Aubery had nothing to say in his defence.

Burker's Defence.

I have seen the evidence as he has gone along the streets, but never spoke to him in my life to my knowledge.

Maddox's Defence.

I was brought here unawares, and know nothing of it.

For Barker.

Jane Barker . I am own mother to John Barker , he is 13 years old next June; when I have sent him out on an errand, these lads have him away; he has behaved very well, and willing to save any body

Joseph Barker . I am brother to John Barker , I believe he will be 13 years of age the 20th of next June; my mother sending him out for sugar and butter for breakfast. with a shilling. he unfortunately met with these boys, who took him with them.

Aubery guilty of felony only , Barker and Madox acquitted .

[Transportation. See summary.]

36. (M.) Hannah Green , Widow, was indicted for stealing one Holland shirt, value 13 s. the property of James Paterson ; one linen apron, value 3 s. the property of James Brown , November 21 . ||

Mary Brown . I lodge in Red Lion Street, Theobald's Row , and take in washing; I had wash'd for family where the prisoner had liv'd servant , she came to see me, with a how-do-you do, yesterday was fortnight, which day I lost a shirt that I had to wash for James Paterson . and an apron of my own, having no body with me in the kitchen but her, whom I set to washing, I suspected her, and she was afterwards taken up on another account, and I met with her at justice Fielding's, there she own'd she had taken and pawn'd the shirt, with Ramsey, in Baldwin's-Gardens; I went there with a search-warrant and found it; she denied taking the apron, and that I never found again.

Jane Ramsey . The prisoner brought the shirt and pawn'd it to me the 22d of Nov. in the Name of Hannah Green, between nine and ten o'clock; I lent her 4 s. on it.

Q. Did you know her before ?

J. Ramsey I never saw her before that time, to my knowledge.

Prisoner's Defence.

The woman gave me the shirt to wash, and I being almost starv'd, pawn'd it.

Guilty 10 d.

[Whipping. See summary.]

37 (M) Edward Davis , was indicted for that he on the King's highway on Mary Eager , widow, did make an assault, putting her in corporal fear and danger of her life, 6 s. in money numbered, from her person, did steal, take, and carry away , Nov. 16 . ++

Mary Eager . On the 16th of Nov. about two in the afternoon, going in a one horse chaise on the road to Twickenham, at a lane end call'd Whitten-Lane , there was one Rebecca Page in the chaise with me; and in another chaise were two other gentlewomen; a man seemed to come out of the lane end on foot, he held a pistol to me, and came up to the chaise-horse; I said, O! you want my money, you shall have it this minute; I stopp'd my chaise, and took out of my pocket 3 or 4 s. and put it in my other hand and said I believed I had more, but pray take that thing away and I'll give it you; in the whole I believe I took out 7 or 8 s. and gave it him.

Q. What did he say to you?

M. Eager. He said nothing at all to me, I never heard him speak, and went away with the money in his hand to the chaise behind me; I drove on to the house of Mr. Spires, about two or three stones cast from thence, and told the people. we had been robb'd by a footpad, and if they would pursue him they might take him; I could give no other description of him than that he had a very dirty shirt on; I was so much terrified, I did not mind his face, nor can I say the prisoner is the man: the people set out in about ten minutes after I had been robb'd in pursuit, and brought the prisoner in a our a quarter of an hour. I said to him, way do you throw your life away so? he said he had no work. but he would go to work; we went with him before the justice at Isleworth, and he there in some measure denied it. The justice ask'd him how he came by the pistol; he said he found it in a stable as he was cleaning it; he said we did not give him the money, but we threw it on the ground and he took it up.

Rebecca Hydeman . I was in a chaise behind Mrs. Eager, and saw the come out of Whitten Lane and stop her chaise, and saw a pistol in his hand, and see her likewise shussle her hand in her pocket and put it out towards him; then he came to me with some silver in his hand, I did not hear him speak a word, and I put some halfpence upon the silver.

Q. Look at the prisoner, is he the man you speak of?

R. Hydeman. I believe he is the man; for after he was gone we went on to Mr. Spires's house, and told the people there what had happened, and directed them where to go in pursuet; four man went in pursuit, and brought the prisoner to us in about ten minutes time; I told him he was a fool to venture his life for such a trifle; his answer was, it is the first time. We took him to the justice's, who ask'd him many questions; the prisoner said we dropp'd the money and he pick'd it up.

Drury Brown. I was servant to Mr. Spices, and I heard the gentlewomen say they had been robb'd, I took a stick and went with James Wiggins , Henry Rummel , and Watt Cheshire; when we came to the prisoner, he told us that a man had ran up that lane as hard as he could.

Q. Had you said any thing to him?

Brown. No, I had not; I answered him, I believe you are the man. We brought him up my master ground, for he made no resistance; there we search'd him, and James Wiggins took a pistol out of the prisoner's pocket, (produc'd in court;) when we got him to my master's he sent me to my work.

Q. to the prosecutrix. Is this the pistol that was held out to you?

Prosecutrix It was such a little thing.

James Wiggins . I am servant to Mr. Spires, a Gardener, I heard these women call out they had been robb'd. He confirm'd the testimony of Brown with addition, that he went with the prisoner to the justice, and going along, the prisoner desired be might stop till the gentlewomen came up, that he might give them their money again, that they had not taken it from him then, but he pull'd it out of his pocket to give it to the men that were with him; it appear'd to be 6 or 7 s. and some halfpence.

Henry Rummel . I am Apprentice with Mr. Spires. I was at the taking the prisoner, and went with him before the justice. He confirm'd the last evidence.

Prisoner. I am a stranger hereabouts, and am of the affair.

Acquitted .

He was a second time indicted for robbing Rebecca Hydeman , widow, on the high way of 4d. in money , &c. Nov. 16 . ++

The Evidences were the same as on the former trial, to which the reader is referred.

Acquitted .

38. (M.) Richard Beesley , was indicted to that he, on Nov. the 17th , about the hour eleven at night on the same day, the dwelling house of Henry Holland , did break and enter, linnen shirt value 1 s. the goods of the said one linnen cap, one linnen shirt, the goods of John Winnels , in the dwelling house of the said Henry, did steal . ||

Henry Holland . on Friday the 17th of Nov. a house was shut up sate when I went to bed; I got up in the morning I found the g, of the window taken down and the things mentioned a shirt of mine and a shift of my servant's taken away.

Q. Why did you suspect the prisoner?

Holland. He was at a place called Church-End on Friday night, where I have a daughter in law lives; he was asking questions about me and whether I liv'd where I did; that he ask'd the way to London, which they directed him; notwithstanding that he came towards my house, which is quite contrary.

Q. Where do you live?

Holland. At Neesdon, in Wilsdon parish, near Hendone ; my daughter upon hearing my house was broke open, came and told me such a man was there asking questions about me; I went to enquire after him, and found he looged at the Wheat Sheaf in Paddington ; I went and found him there, and charged him with taking the things mentioned; there came in Daniel Wood , I told him the case; and that the prisoner had then my shirt on; he assisted me; then going befor the justice, the prisoner told me it was my shirt he had on; and that he took it out of my house, and that he took a shift but had torn that to pieces, but the cap he never saw: he own'd the same before the Justice, and being asked why he did not go into the house, he said the glass window fell and made a noise, so that he was afraid of being found out:

( the shirt produced in court and deposed to.)

Rebecca Winnels . The door and window was very fast over night, about 9 o'clock when I went to bed; I was the last person up; when I got up the next morning, I found the window broke, I called my master up, he got up; the things mentioned hung over night on a line in the kitchen, about half a yard from the window.

Q. Could a person get them without coming into the house ?

R. Winnels. I believe he might.

Q. Whose property where the things lost?

R. Winnels. The shirt was my master's, the shirt and cap belong'd to me; I never saw mire once.

Q. Does the room in which they hung belong to the dwelling house?

R. Winnels. It does.

Danie. Wood. I was at the taking the prisoner at the Wheat Sheaf at Paddington, he own'd he took the shirt he had on his back from out of Mr. Holland's house.

Q. Where did he own this?

Wood. Before we got 20 yards from the Wheat-Sheaf door with him:

Q. Did he say in what manner he took it, or wa time?

Wood No , he did not.

Q. Did he say he broke the house?

Wood. I don't remember he did; he own'd also before the Justice that he took it ; so Mr. Fielding ordered him to go down stairs and pull it off; I saw him pull it off and deliver it to Mr. Holland.

Prisoner's Defence.

I never own'd before the Justice that I took the thing, nay he never asked me; they would not let me speak a word there.

Guilty of felony, Acquitted of the burglary .

[Transportation. See summary.]

39, 40. (M.) Robert Douglass and Cornelius Crawley , were indicted for stealing ten pieces of woollen cloth value 4 s. eight pieces of shalloon value 1 s. and pieces of black cloth value 1 s. the goods of John Sullivan , November 11 . ||

John Sullivan . I keep a sale-shop in Rosemary-Lane , but know nothing of the taking the goods. Douglass was taken and brought into my shop on Saturday the 11th of last month ; it was a pattern of a surtout coat, outside and lining, ready to give to a taylor to make. I have nothing to say against Crawley.

Robert Hall. I was standing opposite to the prosecutor's house, and saw Douglass stand at the corner of the window ; I saw him put his hand over and reach a parcel of black cloth, so I stepped over to him and took him into the shop. Mr. Sullivan was out at the time, but his wife sent for him, and he came. I had taken the parcel from Douglass, which Mr. Sullivan said was his property. After that he let him go, and in about a quarter of an hour after as I was going up the street I saw him, a sailor-like man, and a woman together, but lost fight of the sailor-like man and the woman, neither can I say it was Crawley. Crawley afterwards owned he was with Douglass; I there saw Douglass stoop down and pick up another bundle of cloth, so I went to him and took hold of him again; this was about 2 or 300 yards from the prosecutor's shop. I brought him back again to the shop, and shewed Mr. Sullivan that bundle, which he also said was his; this was the surtout coat. Somebody else had stopped Crawley, and he was brought to the shop, but there was nothing found on him. They were carried before the justice, where Douglass owned he took both the bundles of cloth in my hearing.

Douglass's Defence.

I was coming from the custom-house about six or seven at night, and overtook Crawley and a woman together, who were cursing and swearing about some goods which she had in her lap; I went into a house and had half a pint of beer, and coming out again I saw the woman with a pair of breeches in her lap. Crawley came and gave me the things they have been talking of, and desired me to hold them, saying, he'd come to me in about three minutes; then that man came and took hold on me, and took me to the gentleman's house. Then the woman went off with what she had got.

Douglass guilty .

Crawley acquitted .

[Transportation. See summary.]

41. (M.) Mary Taylor , spinster, was indicted for stealing one silver watch value 10 s. one steel chain value 12 d. one silver seal value 12 d. the goods of William Hargroves , December 2 . *

William Hargroves. I live at the corner of Newport-Street in St. Martin's-Lane , and am an upholsterer . My watch is a silver one, and was hanging up in my room where I work last Saturday; I was told it was missing about eleven in the morning. The prisoner at the bar worked at the needle for me, though at the same time she was gone away: she left the door a-jar, which gave reason to suspect her. I handed some bills amongst the pawnbrokers, brokers, and sent my boy to see if he could find her, which he did on the Monday following; she immediately confessed she had taken and pawned the watch to Mr. Gunston in Germain Street. I got a constable, and went with her; she asked for the watch, and it was brought out with the chain and seal on it; I found she had had nothing upon it. Produced in court and deposed to.

Mr. Gunston. The prisoner brought this watch to me on Saturday last in the morning between nine and ten o'clock. and wanted to borrow three guineas and a half on it; I asked her where she brought it from, and she said from her father in Piccadilly, that he had broke his leg, and if I disputed it she would fetch her mother; she went, but did not return. On the Monday morning I saw an advertisement, but before I could get myself ready to go as directed, the prosecutor came with the prisoner.

Prisoner's Defence.

My prosecutor offered me three guineas and a half to lie with me; I asked him for the money on the Friday night, and he said he had none, but bid me take the watch and pledge it for three guineas and a half, so I went and the gentleman stopped it.

To her Character.

Mary M'Gennes. I have known the prisoner two years, but never heard any thing of her but what was very honest.

Mary Jordan . I have known her two years, and she is a very honest young creature.

Guilty 10 d.

[Whipping. See summary.]

42. (M.) Elizabeth Bower , spinster, was indicted for stealing nine shillings in money numbered, the money of Robert Bray , privately from his person , September 28 . *

Robert Bray. On the 29th of September, between eight and nine at night, I was coming from my labour through a little alley (I think they call it Moses and Aaron Alley ) by the sign of the Horseshoe the prisoner catched hold on my collar, and insisted upon my going to drink with her and condescending to her proposal; I resisted several times, but at last I went into the house and had two pints of beer; then I came out and was for going home, she still using the same persuasions of following her old practice, which was very bad. Some how this money was confistuated out of my pocket, it was in halfpence (nine shillings); I missed it in less than three minutes time, and was in company with no body but her; I know I brought it out of the house; it was lost when she made the second ance. She forcibly held me as an officer or does a man, so I went back again, but could not find her; the Monday I laid hold on her and her into publick house, where two men came and took hold of my collar, so she got away again, but was afterwards apprehended.

Q. Did she ever confess taking these halfpence from you ?

Bray. No, she did not; she said if I must g Bridewell, I'll have my own block and bettle.

Prisoner's Defence.

I know nothing of the man, I never saw him before.

Acq .

43. (M.) William Cross , was indicted for stealing one trunk value 3 s. eight linnen shirts value 15 s. ten holland stocks value 3 s. three pair of thread stockings value 2 s. two pair of cotton stockings value 2 s. one holland waistcoat value 7 s. one silver snuff-box value 18 s. one Portugal piece of gold, and two guineas, the goods and money of Edward Price ; one promissory note signed under the hand of Margaret Wright, spinster, bearing date 1751, value 100 l. by which note the said Margaret did promise to pay the sum of 100 l. upon demand, at 4 per Cent. to the said Edward, in the dwelling house of Robert Hall , November 20 . *

Edward Price. I lodge at Mr. Hall's house in Eagle-Street, St. James's , near the church. About seven or eight weeks ago I lost a shirt taken off a line, and about three weeks after that I lost a pair of shoes from out of the bar (it is a publick house); on the 25th of November I lost my trunk out of my bedchamber with the goods mentioned in the indictment. He names them by name, and their value is laid, and a note of hand produced in court and real to this purport.

September 20, 1751. Borrowed of Edward Price the sum of one hundred pounds, which I promise to pay upon demand, with lawful interest at 4 per Cent. Witness my hand,

Margaret Wright .

The Second Part of these Procedings will be published 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 Wednesday the 6th, Thursday the 7th, and Friday the 8th of December,

In the 26th Year of His MAJESTY's Reign, BEING THE First SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER I. 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 Goal Delivery held for the City of London, &c.

Q. WHEN did you see these things you mention last?

Price. I saw them on the Friday, the day before they were lost.

Q. Was the trunk lock'd?

Price. It was, and I had the key in my pocket. The prisoner and I lay together; I never knew him before he came there; I suspected him and took him up when I missed the trunk, which was on the Sunday morning. I had him before Justice St. Lawrence, but he would not confess; the Justice sent him to the Round-house; before he went in he turned his head, and said to Mr. Hall, I don't know what to do, I'd speak with you; then he said, I have made such a vow, for which I am d - d for ever. Then he said, one How fetched the trunk down, and he stood in Piccadilly, at the end of the street, and received it, and went to open it in a Court, and was not quick enough, then How opened it with a crooked nail; that one took the 36 s. piece, and the other the two guineas; then he went to Salisbury-Court, and lodged the trunk at a Green Grocer's all night; the next day he went to the Cross Key's in Wood-street, and sent it down to Stratford upon Avon, with the other things in it. I sent an evidence that is here, and it was brought up to town last Monday; there were in it, when it came back, five shirts, ten stocks, the silver snuff-box, two razor-cases, four razors, and the note of hand. The money and two shirts were gone. This How is out of the way and not to be found.

Robert Hall. On Saturday the 25th of November the prosecutor complained he had lost the things mentioned, upon which I went up stairs to see if the trunk was not misplaced, but could not find it; after that Cross (the prisoner) and I went into the yard together; I said to him, I suspect you to have it, and if you'll confess it and bring it again, perhaps you may save your life; he answered, here is Archbolt, (a man that lay in the same room) it must be either he or I, but I have it not; I went for a warrant to take him up, he went out with a pretence to have his wig comb'd, and when I return'd he was gone; one Monday morning I saw him near Golden-Square and took him up; and had him before the Justice, he confess'd nothing there, we took him to the round-house; just before he was going in, he desir'd to speak with me; so we went on one side, he then said he had made so black an oath that he should be d - d for ever if he declar'd it; he pull'd the 36 s. piece out of his shoe and gave it me, (produced in court) and said it was taken out of the trunk, and that Edward How had the two guineas; Edward How came on the Saturday night and drank two pints of beer with the person that was robb'd; the prisoner said How went up stairs and brought the trunk down to him at the corner of Eagle-Street Picadilly ; then he said they went with it into Gibson's-Court, and he would have opened it, but could not do it quick enough; that then How said, I'll open it in a minute; that he took a crooked nail out of his pocket and opened it, and then they shared the money. Then the prisoners took the box to Salisbury-Court and lodged it at a green grocer's all night; the next morning he carried it to the Cross-Keys in Wood-Street, and wrote a direction on it with his own hard, and delivered it to Richard Darby to go down to Stratford upon Avon in the waggon; we sent down William Archbolt after it.

William Archbolt . I knowing the trunk was sent to Stratford upon Avon for this box, which I found at Wheatley by Oxford in the waggon. I had Cross's hand writing with me for it and the justice's warrant; the trunk was brought into the kitchen at an inn there and opened before me. The things produced here were in it.

Q. How was it directed?

Archbolt. It was directed to William Cross to be left at such an inn at Stratford upon Avon.

Q. Did you bring it up?

Archbolt. No, my lord, they mistrusted me, and thought I was a confederate of Cross's, and were going to send me to goal; it was returned by Mr. Roberts the Banbury carrier, and delivered by the owner before justice Lediard.

Q. Do you know it again?

Archbolt. This is the same produced here.

Richard Darby . I belong to the waggon; the prisoner at the bar brought this box to me last Sunday was se'nnight, it was locked and directed for himself, to be left at the Crown in Stratford, but my directions, which I received from him, were to leave it at the White Lion in Stratford. I nailed the direction on it, and loaded it into the waggon.

The prisoner had nothing to say in his defence.

For the Prisoner.

Charles Chillingworth . The prisoner lived with me as an errand-boy about three quarters of a year, and behaved himself very honestly then. I know nothing of him since.

Guilty , Death .

44. (M.). William Lee , was indicted for stealing one silver watch value 3 l. the property of William Hartley , thirteen 36 shilling-pieces, one guinea, one half guinea, and 50 shillings in money numbered, the money of Elizabeth Waters , widow, in the dwelling house of the said Elizabeth , November 25 . *

Elizabeth Waters. I live in Sun-Tavern-Fields , the prisoner was recommended to me by a woman as a carpenter and joyner , to mend some houses which I have upon a lease; he was at my house last Friday was se'nnight, between six and seven at night; I went cut and left him there; I believe I d id not stay above a quarter of an hour; and when I return'd I found him where I left him, sitting in a chair; he staid but a little time after, and seem'd to be in a great frustration. He went away and bid me a good night, and ask'd me if I should be at home on the morrow; the next morning, going to get some tea and sugar for breakfast, I miss'd the goods mentioned in the indictment.

Q. What did you lose ?

E. Waters. Thirteen 36 s. pieces, a guinea and a half in gold, and about 50 s. in silver, my property, and a silver watch, value 3 l. 10 s. which was in my custody to sell, the property of William Hartly ; they were in a wooden box together on the top of my drawers, in my parlour; the box was not taken away, but the things were taken out.

Q. When did you see them last?

E. Waters. I told it over the morning before. My kinsman Jacob Shipton came, and I told him I had lost all I had in the world; and that I told it yesterday morning; I said it must be the prisoner, and gave him a shilling to go in pursuit of him: he was taken on Friday last at the Red Lion, by Pelican Stairs. At first he denied knowing any thing of either watch or money; then I desired he might be search'd, and there was found upon him one 36 s. piece, half a guinea, and 12 s. in silver. After some time he confess'd that he did the fact; at first he said a milkwoman had taken the watch.

Q. Where was this ?

E. Waters. This was before we went to the justice.

Q. What did he confess?

E. Waters. He confess'd that he took the money and watch, that he had hid them on the top of the teaster of his bed; and if I would forgive him he'd send for them; I sent, and there were found ten 36 s. pieces, half a guinea, 12 s. in silver, and the watch; they are here in the hands of the constable.

Q. Who heard this his confession?

E. Waters. Mr. Tetherly, Jacob Shipton, and another man; he said he had spent the rest, which is about 10 l. in four days.

Court. If you have as much back again as you mention, there is not 10 l. missing.

E. Waters. He said he had a great deal of money besides.

Q. Did you promise to forgive him upon his confessing it ?

E Waters. I did not promise him, if he'd confess I would not prosecute him.

Q. from the prisoner. Did not she promise me, if I'd pay her the sum of 19 l. she'd give me no farther trouble, before the three evidences?

E. Waters. I said I'd forgive him, but I did not say I'd not prosecute.

John Knot . I took the prisoner, and was by when he confessed he took the money and watch; we sent for it by one John Thompson ; the prisoner said to him, if he'd go and look upon the teaster of the bed, he would find nine 36 shilling pieces. He had one found in his pocket.

Q. Did the prosecutrix promise not to prosecute him?

Knot. I heard no such word.

William Knot . I came to the prisoner just after he was taken, and heard him confess he took the money out of the prosecutrix's house; there were nine 36 shilling pieces and the watch fetched from off the head of the bed; he had another 36 shilling piece, a half guinea, and 12 shillings in silver found upon him. He desired she would make it up with him.

Q. Did she promise him not to prosecute him?

Knot. She said she would not hurt him if she had her money again, nor prosecute him in any shape.

Jacob Shipton . I was by when the prisoner was taken ; I heard him confess, and was one of the men that went for the money as he directed; we found nine 36 shilling pieces on the bed's teaster at a house in St. Catharine's, Wapping. John Thompson went with me.

Q. Did she promise she'd not prosecute him, if he'd confess, in your hearing?

Shipton. She promised him she'd not hurt a hair of his head if he'd confess, and said she'd not prosecute him.

Arthur Fetherly . I am an officer, and was concerned in taking the prisoner; we were directed to the house where he lodged.

Q. Did you hear him confess?

Fetherly. I did.

Q. Did she make him any promise beforehand?

Fetherly. She said, before he confessed, if she could have her money again, she would not hurt a hair of his head, which she repeated to him several times; I had a search-warrant and searched his chest, where I saw many good things, but he was not there then; I said, no doubt but the man will come again, for he'll not leave these things. Presently he came into the house, so I took him into custody and had him some hours ; when he confessed he produced what he had about him and sent for the rest; he had one 36 shilling piece, and they brought nine more, which are here. He produces ten 36 shilling pieces, one half guinea, and twelve shillings in silver.

Prisoner's Defence.

I was recommended to the prosecutrix to court and marry her by an acquaintance of her's, and was entertained by her with all manner of acceptance as such; I was in the house from time to time, and did several odd jobbs for her about the house. Ask her, whether she did not deliver that watch to me on the 9th of December when we had a rabbit for dinner, as a token of love.

Q. to the prosecutrix. You hear what the prisoner says; what say you to it?

Prosecutrix. He never proposed such a thing; he never made love to me, neither did I ever give him a watch. He was recommended to me as a shipcarpenter and joiner. The first day I ever saw him he was talking he wanted to buy a watch, and this watch being given into my care to sell, I shewed it him, but he only wound it up and delivered it to me again.

Prisoner. Please to ask the constable what she said in his hearing about my courting her.

Constable to the question. When I had him in custody the prosecutrix was asked, whether ever he put the question to her about marriage, and she said, no; but at last she said, I told him if he was a man suitable to my years, I should like him very well.

Q. What did she say about the watch?

Constable. She said she gave the watch to him to wind it up; then I ask'd her whether she received it again of him, she said yes.

For the Prisoner.

Stephen Sprigg . I was in the public-house where the prisoner was in custody, I heard the prosecutrix say to him, if she could have her money back again she would not hurt a hair of his head; she desired the people to speak to him and tell him the same; I spoke to him myself, and told him the same words, after which I left them.

Guilty , Death .

45, 46. (L) James Watkins and Anne Lillwall , were indicted, the first for stealing a quantity of silk and worsted, value 10 l. and 4 lb. of cotton lace , the goods of Thomas Roberts ; and the second for receiving the said goods, knowing them to be stolen , Nov. 25 . ++

Thomas Roberts . On the evening of the 25th of Nov. I received a letter from Mr. Ware, a Silk-Throwster in Goodman's Fields, the purport of which was to let me know there was great reason to suspect I had been defrauded, and that the person suspected was in custody, and desired I would come to him immediately. I had not miss'd any thing then. I went accordingly, and Mr. Ware and I went together to Sir Samuel Gore , where Lillwall, the prisoner, had been, but was then sent to New Prison. I found at Sir Samuel Gore 's a large quantity of goods. Produc'd in court, and depos'd to. Silk and worsted bed-lace and incle; it was manufactured for bed-lace, the silk was for the worst. Watkins was my servant , the other prisoner is his own mother.

Q. Where have these goods been ever since?

Roberts. They have been ever since in my custody; Watkins was taken before the lord-mayor, and there confess'd he and his mother had made a practice of robbing me; he was order'd to the Compter; the next day he was brought there again, and repeated his former confession, saying, they were his master's property and that he believed this parcel was all that ever he had wrong'd me of since he lived with me, for his mother had not disposed of any to his knowledge; and that he liv'd with me five months before he robb'd me at all.

Q. Did the woman confess any thing?

Roberts. I did not hear her examination.

William Ledger . The woman gave me one skane of this silk to sell the 25th of Nov. last, and said she thought she had about a pound and half more of it; I carried it to Mr. Ware in Goodman's Fields, he suspecting it not to be honestly come by, stopp'd it and me, and went to search her house.

Q. from Anne Lillwall. Did not I give you that ounce of silk to pay your lodging?

Ledger. No, you gave it me to sell, and said you had more of it.

Peter Ware . (He produces same silk,) This is the sample of silk that was brought to me by William Ledger , the last witness, to sell; he told me the woman said there were six pounds of it, and that she had it of a son of hers, from Herefordshire, that owed her money; he left the sample with me, and I went and shew'd it to my brother when he came from 'Change; and when he saw it he said he believ'd it was a fraud, and sent for an officer and stopp'd the porter. I went to Lillwall's house, where she shew'd me one parcel of it, and said she did o' care to sell it then, but would sell it on the Monday. I went back and acquainted my brother what I saw; we sent for a constable, who came, and went with me to her house, and I told her I had brought a weaver with me (he having a green apron on) to see the silk; she would not let him nor me see it; then I said, to be plain with her he was an officer, and charg'd him with her: then she shew'd this quantity that is produc'd here; there were 52 skanes of worsted in the room, besides the silk and other goods. Then I left them, and went and fetch'd my brother, and in taking some silk out of a chest, we found an alehouse pot lying hid under it, which gave us more suspicion. We took her and the goods before Sir Samuel Gore , who ask'd her how she came by these goods. she said from out of Heresordshire from a son of hers for a debt.

Q. When did she say this?

Ware. On Saturday the 25th of Nov. I was before my lord-mayor, when Watkins made his confession that he took the goods from Mr. Roberts's shop, and gave them to his mother as she came backwards and forwards to see him at several times.

Samuel Ware . I am a Silk-throwster; when I came from the Exchange my brother, the last evidence, told me he thought there was a defraud, that a porter had come two or three times with silk, &c. I secured the porter in my house, and sent my brother to the woman's lodgings, where afterwards I went and found all these goods (produc'd here) in her lodgings, and the goods and she were carried to Sir Samuel Gore 's; there she said she had them from Herefordshire ; I knew there was no such thing manufactured there. She was committed to New Prison for further examination, and soon after Mr. Roberts came and own'd the goods; and on the Monday morning the woman was brought before Sir Samuel Gore , and then committed to Newgate; Mr. Roberts had fetch'd Watkins from out of the hospital on the Sunday morning. I then went before my lord-mayor, who said he would hear it himself; Watkins there confess'd he had injured a good master, and said he took the things and gave them to his mother.

Q. What did she say?

Ware. She said, if it is so as my son has confessed and told the truth, we are both very wicked.

Q. Where was this?

Ware. She said so at Sir Samuel Gower 's, being told there what Watkins had confessed.

Roberts. I thought Watkins to be a very honest lad; and trusted him with the key were these goods were ; he had been very ill before he went into the hospital; when she used to come to see him on Sundays, and at other times.

Watkins's Defence.

I was very ill in my master's house near two months, being lame and unable to stir; I was continually in the shop after the other person came home; I went to the hospital I and was there between 7 and 8 weeks; my master came there one morning and took me out of bed and had me away; I was commited to Woodstreet Compter, and remain'd there till the next day, being Monday: then they brought me before my Lord mayor : they put me in a slutter: Mr. Ware said the goods were my master's property, I did not say positively they were.

Lillwall's Defence.

I own the goods to be my property; they came to me instead of money, from my eldest son that lives in Herefordshire ; they were sent from there.

For Watkins.

Henry Pearson . I keep the Dolphin in Honeylane-market; Watkins was servant with me about a year and half, he behaved very honest and just, for what ever I found.

Edward Mason . Watkins lodged at my mother in law's house, I never knew any harm by him.

Q. When was this?

Mason. Before he liv'd with Mr. Mason, he was then looking out for a place.

Q. from Watkins. Ask my master, Mr. Roberts, what a character he had with me?

Roberts to the Q. I had a very good character of him from two or three places, I trusted him with the key to lock up these things, or he had not had the opportunity of robbing me; which according to his own confession, was by the instigation of his mother.

For Lillwall.

Mary Garret . I have known Ann Lillwall ever since I was a little girl, and knew her to be an honest industrious woman, and she has been up and down with me in London; I never knew any ill of her.

Q. What country woman are you?

M. Garret. I am a Herefordshire woman.

Q. from a Jury Man. Do you know any of her relations that deal in silk in Herefordshire ?

M. Garret. No, I do not

John Hartland. I was born just were Ann Lillwall was; we were play fellows together, I knew her son the prisoner from a child; I never knew any ill of either of them in my life.

Q. Did you ever know any of her relations deal in silk in Herefordshire ?

Hartland. No, I do not.

Watkins Guilty .

Lillwall Acquitted .

[Transportation. See summary.]

47. (L.) James Marshall , was indicted for stealing twenty-five pounds weight of loaf sugar, val. 12 s. privately in the warehouse of Rice Price , his property , Nov. 18 ||

Rice Price. On the 18th of Nov. last, between the hours of 7 and 8 in the evening; I saw the prisoner coming out of my warehouse, (which is over against my house) with a lump of sugar under his arm; (produc'd in court and deposed to 25 pounds weight and upwards)

Q. What is the value of it?

Price. It cost me 14 s. and 3 d. I ran to the door and saw my man coming up out of the cellar ; I asked him if he had had any body with him, he said no: I thought I missed a small loaf of sugar from near the door; I went after the prisoner and took him with it under his arm; my man at that time called out, then the prisoner dropp'd the sugar down.

Q. Was the warehouse door open or shut?

Price. They are folding doors, and they were both open; this was on Saturday night; I carried the prisoner before my Lord-Mayor, on the Monday morning; there he pretended he saw the sugar lying on the ground.

Q. from the Prisoner. Which arm had I it under?

Price. He had it under his left arm next to the wall.

Joseph Hermatage . I am servant to Mr. Price, I was down in the warehouse and saw the prisoner come in and take the sugar on the 18th of Nov.

Q. What time of the evening was it?

Hermatage. It was very near 8 o'clock; when he was gone out I called out stop thief, and ran after him and seiz'd him by the collar behind.

Q. Was he ever out of your sight ?

Hermatage. He was not, till I took hold on him.

Q. from the Prisoner. Had I the sugar when you laid hold on me?

Hermatage. I laid hold on him just before he dropt it.

Q. How far from the warehouse door was it that you laid hold on him?

Hermatage. It was but 3 or 4 yards from the warehouse door.

Q. Where has the sugar been since?

Hermatage. It has been seal'd up ever since.

Benjamin Dell . I live next door to the warehouse; I heard the sugar loaf fall, I went to the door and took it up just by the prisoner's feet; when they had seiz'd him, I gave it to the constable when he came.

Q. Whereabouts did it fall?

Dell. It fel l upon the stone step near our shop window.

Q. How far is your shop from the prosecutor's warehouse?

Dell. There is only an entry between them, about 4 or 5 feet broad.

Prisoner's Defence.

Coming down Bow-lane, I saw a man in a white frock 5 or 6 yards before me; I thought I heard something drop; Mr. Price came and laid hold of me, the man just turn'd the corner at the time; he call'd to his man, and sent for a constable; they carried me to the Compter directly.

For the Prisoner.

William Watkin's. I am a shoemaker; and live in Flying-Horse-Court, Grub-street, I have known the prisoner about six months; I never heard any harm of him.

Susannah Haines . I live in Cross-Key-Court in Grub-street; I am an old cloaths woman; I have nothing to say against the prisoner, or for him; no further than I know him to be a very honest fellow.

Q. how long have you known him?

S. Haines. About three years.

Guilty 4 s. and 10 d.

[Transportation. See summary.]

48. (L.) William Fleming , was indicted for stealing 30 yards of woollen stuff called say, val. 5 l. the goods of William Tooke , in the warehouse of the said William , Nov. 9 . ||

William Tooke . I am a warehouse man in the woollen way; on Thursday the 9th of Nov. as I was sitting in my counting-house, which is about 25 or 30 yards from my warehouse door, -

Q. Where do you live?

Tooke. I live in Princes-street near Stocks Market , I saw a man a little within my warehouse door : (I can't say I saw him come in.) His back being towards the light, it is impossible for me to speak to his face; but by his shape and apparel I have no doubt of the prisoner being the identical person; I saw him go on the left hand side of my warehouse, and immediately came back again, there were some packs, intercepted my sight, that I did not see him for a very short space of time; he went out immediately, I went round my desk and came into my warehouse; and got my eye upon him again; the distance of time that I lost sight of him, was so short that it is impossible he could have any accomplice to give my piece to, I saw a piece under his arm when he went out; and he had it when I saw him in the street; I went and took hold on him within 30 or 40 yards of my warehouse door; whether I seiz'd him first, or the next evidence, I can't say; we took the goods from him. ( Produc'd in court and deposed to.)

Q. What is the value ?

Tooke. It is worth 5 l. and upwards.

Q. In whose custody has it been since ?

Tooke. It has been in my custody ever since; and I immediately set a mark upon it; the prisoner was secur'd, and committed from the time he went out of my shop, to the time we took him, which I apprehend was not above two minutes.

Q. What time of the day was this?

Tooke. It was near four in the afternoon.

Thomas Matthewson . On Thursday the 9th of Nov. about 3 or 4 in the afternoon, I was looking out at my dining room window, I saw the prisoner lurking about, backwards and forwards several times, near the prosecutor's door.

Q. Where abouts do you live?

Matthewson. I live about thirty or forty yards from his warehouse ; at last I saw the prisoner go in.

Q. Are you sure it was the prisoner ?

Matthewson. I am; and he came out again without any thing; in about the space of a minute he went in again and brought out a piece of white stuff.

Q. Look on that parcel (produced), was it like that by the quantity and colour?

Matthewson. It was; I ran down the street and collared him, and in the interim Mr. Tooke ran from his warehouse door to the prisoner, there might be about 2 or 3 feet distance between us and not above; I don't remember which of us took the piece from him, but we carried him back to Mr. Tooke's warehouse. Mr. Tooke sent for a constable and charged him with the prisoner.

Q. What did the prisoner say?

Matthewson. He said a gentleman gave him three halfpence to go and take a piece of stuff that lay down there.

Prisoner's Defence.

I was coming along on my lord mayor's day a little in liquor, and a gentleman, very well dressed, told me, if I'd take that bundle which he had under his arm and carry it to the end of the street, he'd give me three pence to buy me some beer. Some of these gentlemen came and laid hold on my collar. The man was quite a stranger to me, he was just before me; he went away and they took me.

Q. to Matthewson. Did you see any body before the prisoner when you took hold on him ?

Matthewson. I saw no body near him at that time.

For the Prisoner.

Isaac Ford . I live in Old Bedlam, and am a porter. The prisoner has lived in my house upwards of a twelvemonth, and he went away about the latter end of August last; I have trusted him when I have been about my business; I never knew him to wrong me, or any body else.

Q. What is his business?

Ford. He is a shoemaker .

Q. What is his general character?

Ford. As to his character, I have little to say about that, no farther than knowing him while he was in my house; I never remember him being cut after ten o'clock; we always shut up between nine and ten.

Mary Ford . I am wife to the other evidence, and have trusted the prisoner in a great measure with all I am worth ; I never knew he wronged me of a pin's point.

Q. How long have you known him?

M. Ford. I have known him two years and a half.

Thomas Colton . I live in Old Bedlam, and am a shoemaker. The prisoner has worked with me a whole twelvemonth, and have known him two years and a half, but never heard any harm of him before.

Guilty 4 s. 10 d.

[Transportation. See summary.]

49. ( M.) Abraham Ward , was indicted for the murder of Elizabeth Saunders , August 10 . +

William Simins . I never saw the prisoner all after he was taken up. I am constable of Whitechapel parish, and am bound over to prosecute; I have brought the evidences accordingly, but know nothing for my own part of the affair.

Margaret Oagle . About the latter end of July there was a quarrel between the prisoner and the deceased, who passed for his wife; he was beating her own son which she had by her first husband, I saw it; he made the boy's nose bleed: she went to take the boy's part, and tore the prisoner's skirt off his coat. He raved sadly at her, and flung her down in the court; he kicked her over the face and stomach, and beat her very violently; she was cut, and bled sadly; I and some others helped her up, and begged of him to be easy ; but he said, d - n her for a bitch, he'd do for her. Four or five days after this I was in my own room, and they sent the girl to me to come to the prisoner and her.

Q. Where do you live ?

M. Oagle. I live in Three Crowns Court, Whitechapel , and so did the prisoner. I went to their chamber (they had but one room), and the prisoner asked me if he owed me any money, and I said, no, you do not; then he cursed his wife, and said, that bitch says I owe you money; she replied, she said no such thing; he fell a raving at her, and went to the China, took a tea cup, and flung it at her head; he also flung other earthern things about the room, when she was sitting in the bed. There was a glass viol on the chimney, and I was afraid he'd fling that at her, so I took it and put it with some other things into a bason, and put the bason on the floor under the seet of the bed, and went to the prisoner and desired him to moderate his position, saying, he'd do her a mischief, and if he did he must suffer for it; I also said, see what a condition she is in (she was terribly mortified then) being bruised in her breast, neck, and eyes, from his beating her on the Sabbath Day, which I mentioned before. He cursed her and called her bitch, saying, she should not be there, and bid her get up and go about her business; she said, you rogue, I have no where to go, you have sold my things, where must I go? and besides I am not able to move, you have beat me till I am not able to stir. He ran towards his loom, (he is weaver, and his loom stands in the same room), but what he took up I cannot tell, though he seemed to take up something; I was affrighted and ran down stairs, and troubled myself no more about it. After this, on a Tuesday in August, (I cannot swear to the day of the month), it was in the afternoon I heard several high words into my own chamber, which was almost opposite; I heard her cry murder! I looked out at my window, so I went down stairs and to the house where they lived; I saw the deceased and the prisoner, the deceased being about five steps up their stairs from the ground; she had hold of a bag under her leg, like as if she was keeping it from him; he was pummilling her on her side with his fist, saying, you b - h, let go the bag; she said, I will not, you rogue you'll murder me, you rogue, for God's sake, don't beat me so; he kept calling her several out of the way names, saying, he'd murder her, a b - h. After this, he gave her a blow on the side, then he reached his right hand towards the head of the stairs, and took down a piece of timber ; she was sitting down under him like.

Q. How many stairs do you think it was to the top into the room?

M. Oagle. I can't say how many, the room is not very high; he gave her a blow with the timber, seemingly to me on the left side of the head. (The piece of timber produced in court about two feet and a half long, three inches by two the width and breadth. ) The use of it was to lay before the fire instead of a sender to keep the coals from falling out of the fire into the room.

Q. Had the deceased a mind to fly from him either upwards or downwards?

M. Oagle. She could not, he had got his knees under her, and he was leaning over her; she was but a very little woman. I called out when he struck her with it, you nasty rogue, you'll murder your wife, are not you ashamed to serve your wife so cruelly? When he gave her the blow she let the bag fall out of her hand, and it fell to the bottom of the stairs. Then the prisoner flung the timber to the bottom of the stairs, and came down from her and took up the bag, leaving her on the stairs. I took up the piece of timber directly; and called after him as he was going away, and said, are not you ashamed to strike a woman with such a thing as this? ke kept d - g her, and said, had a b - h, have I done for her ? The stick was all bloody at one end, I shewed it to five or six neighbours in the court. When I turned my eyes round the deceased was sitting on a bench at the house door, (whether she got there herself, or was helped, I know not), she was all bloody; she swooned away, so I went to her and took her by the shoulder, telling her she would catch cold in her head, being without a cap; I asked her where her cap was; she said she did not know. Then I got a pair of scissors and cut her hair off about the wound which seemed to be about two inches long; then I took her apron and bound it about her head, and took her to a surgeon in Petticoat Lane immediately, but do not know his name, which is about as far distant as from here to Newgate.

Q. Could she walk ?

M. Oagle. She did, but she lean'd very heavy, and I help'd her along as well as I could; when she got there she sat down; when he touch'd the wound she swooned away; after she came to herself, he ask'd her if she was sick, she said, heart sick, and spoke very faint and low: He dress'd the wound, and prepared two bottles of stuff, one to take inwardly, and the other to anoint her head with ; one came to 8 d. and the other to 6 d. she had no money; I said to her you must go home and pull off that gown and pawn it; she look'd upon it, and said, it is all bloody, who will take it in; it was because I would not let him pawn this gown to-day that he beat me so. I help'd her home, she said several times going along that she was very sick, and her head was very bad; I left her with the neighbours at the second step going into the court where we live, and went to my own door, she was about 10 or 12 yards from her home. On the Sunday before she had this wound, I saw them going down the court in peace, and I ask'd her how she did, she said (meaning the former time of his beating her) that was one of his mad fears, but she hop'd he would be a good boy, and go to work and get it up again.

Q. from the Prisoner. Where was you when the deceas'd cut my work out of my loom?

M. Oagle. I don't know when it was cut out, I knew it was cut, and that was a fortnight or better before this wound was given; they had parted about that time, and came together again, it was cut but about two inches in on the left side.

Q. from Prisoner. Did you see her strike me first?

M. Oagle No, I never saw her strike you, I have seen her tear your coat and shirt in her own defence.

Elizabeth Elice . I liv'd next door to the prisoner, and hearing a noise, I went to look into the house to see what was the matter; after that, in the afternoon, on a Tuesday in August, I saw the deceased on the stairs, and the prisoner standing over her and beating her; I ran back again, for I could not bear to see it ; then I went to my own door, and after I had been there a short space of time he came out with a long bag on his back and went down the court; soon after that she came with her head all bloody, and running down her face, calling out, Stop the rogue, for he has murdered me! he turn'd round at the end of the court and said, Ah, you B - h, I'll murder you! and away he went. She sat down on a bench, and Mrs. Oagle got a pair of scissors and cut the hair off her head, and while she was doing it the deceased fainted away; I did not choose to see the wound; Mrs. Oagle wash'd it with chamber-lie, and bound it up and went with her to a surgeon; and when the deceas'd came back she sat down on the same bench, I went to her and ask'd her how she found herself, she with a very slow voice answered, very bad, leaning her head against the wall, and said no more.

Edward Benns . The deceas'd was brought to the London-Hospital about the 13th of August; I am a surgeon and pupil there, and was there when she was brought in; she had a large wound on her head, and I dress'd it several times.

Q. Whereabouts on the head?

Benns. On the back part of her head; she had no bad symptoms at first.

Q. Had she any other wound?

Benns. No, none but that; in a few days after she was seized with convulsions and other bad symptoms, which indicated extravasated blood lying on the brain, and the surgeons thought proper to trapan her, which they did; I saw the operation, and a small quantity of matter discharg'd from the opening which was made in her scull; and notwithstanding all the care taken to preserve her life, she died about the 27th of the same month. She liv'd about a fortnight there, and upon opening the scull after she was dead, a large portion of the brain was mortified, which confirm'd the surgeons, Mr. Harrison and Mr. Dodson, in their opinion; that the wound she had received was the Cause of her death.

Q. Was it your opinion ?

Benns. It was, my lord, there were all the bad symptoms that could be.

Jane Hambleton . The prisoner work'd at my house in Hand Alley, Bishopsgate Street, about a year or more.

Q. How long has he been gone away?

Jane Hambleton . I can't say that, I believe a year, or a year and half ; he came one day in August last, I think it was on a Tuesday in the afternoon, or Wednesday.

Q. Was it towards the beginning or latter end of August ?

Jane Hambleton . I believe it was not quite the middle of August; he said he had been doing mischief, and I ask'd what, he said he had kill'd his wife, meaning the deceas'd.

Q. What were the words he made use of?

Jane Hambleton . I think he said, I have been killing Bott ; and another time he said I have been killing my wife, and swore in a reprobate manner that he had done it, and that there were three or four lord chief justices warrants out after him, but he had got clear of them all. My husband was above stairs, and I not giving credit to what the prisoner said, I call'd to my husband and told him; what the prisoner said; and the prisoner told me he owed my husband a shilling, and was going away, but he would give my husband a pot of beer and he must forgive him the shilling, and then went away. I inquired after the deceased, and at last found she was carried to the London Infirmary, and at last found she died there. Some time after that the prisoner was coming by my door, I seized him by the arms and call'd out, a Murderer! a Murderer! he got away from me, and I followed him a little way and describ'd him to two men, who brought him to my door, and I charg'd a constable with him.

Barlow Seyer. I am a constable; the prisoner was brought to me, and I was charg'd with him; he cried very much, and behav'd well; I took him before Mr. Alderman Chitty, where Mrs. Oagle came and swore the same she has done here, and he committed him.

Prisoner's Defence.

On the Sunday morning I went out in order to take a walk to refresh myself, and coming home I was taken very ill with a swimming in my head; about eleven o'clock up came her son, he could neither stand nor go he was so drunk; I seeing that surpriz'd me, and talk'd to him very much for getting drunk on the Sabbath day; she took it up, and they both fell upon me as I lay down on the bed, at which I got up and struck the son, this was a week before this accident happen'd; I bid him quit the room and he gone, but he would not, and she said he should not go away; I tumbled him down the stairs as well as I could, and she took hold on my cloaths and tore them, and took two of my shirts and tore them all to pieces. On the Monday following she went out of revenge and said, D - n you, you son of a b - h, I'll be reveng'd on you, and took a knife and cut about four inches in my work, then she took the main body of the silk in the cane in her hand and went to cut it across, saying. I'll do you all the injury in my power, I sent for one of our master's journeymen in order to take away the work, who came and carried it away to his own house; then I took and knock'd down the loom and sold it, and went and got work abroad. When she found I had got work, she came and made a riot about the house, and turn'd me out of bread there; after that I got work elsewhere, so that she could not find me out: She came to me one morning betimes, and said, D - n you, you dog, if you will not tell me where you work, I'll knock your brains out, and took up a hair broom from behind the door and made a blow at me, I catch'd it with my arm and clos'd in upon her and gave her two blows, but whether over the head or shoulder I cannot tell; I gave her a push from me and down stairs I went, but whether the blow she received was with the broom or the edge of the stairs I cannot tell; but as to that piece of timber I never saw nor handled it, nor that woman, Mrs. Oagle, was never in the house or see any thing of it, that us'd to lie before the fire. She was a very troublesome woman, and lov'd liquor; her last husband was transported for thieving for her, and I would not go thieving for any of them.

For the Prisoner.

John Head . I have known the prisoner almost six years, he has work'd and lodg'd with me, and behav'd himself like a just man in his way of dealing; he was as quiet a shop-mate as I have had for 18 years past.

Richard Ward . I am his brother, he has behaved exceeding well till this misfortune came, and bore a good character.

Guilty .

Death .

He receiv'd sentence immediately, this being on the Friday, to be executed on the Monday following.

50, 51. (M.) John Clark , and Ann Wife of Joseph Griffiths , were indicted, the first for stealing one large bag, val. 1 d. one violin, value 5 l. one shagareen bag with, 11 knives and twelve forks, the goods of Richard Burney , in the dwelling-house of the said Richard and the 2d for receiving them, well knowing them to have been stolen , Oct. 30 , ++

Hannah Humphries . I live with Richard Burney , in Hatton-Garden ; the fiddle was in a green bag, hanging up, the knives and forks were in a black shagareen cafe in the back room upon the buroe, Oct. the 30th.

Q. When did you see them there ?

H. Humphries. I did after dinner, and the maid was cleaning the room out and had left the door open; we missed them in the dusk of the evening, we heard of them the Friday following, by Mr. Renald's the constable, they were brought to Mr. Fielding's, he had sent a warrant for Mrs. Griffiths, and she came with the things ; I went there, there was the prisoner Clark; he said the woman had the things, and that he sold them to her for four shillings the same night he stole them. (The fiddle, bag, and shagreen case with ten black handle knives and twelve forks, produc'd in court and deposed to as Richard Burney 's property. )

Cross Examined.

Q. What is Mr. Burney ?

H. Humphries. He is a dancing master .

Q. What is the value of the fiddle ?

H. Humphries. I don't know that.

Q. Did Griffiths say any thing before the Justice ?

H. Humphries. She said she was the unhappy woman that bought the things of Clark. Mr. Fielding asked her whether she asked the man how he came by them; Clarke made answer to that, and said she had no occasion to ask the question, for she knew how they came by them.

Q. Did Griffiths say any thing to that?

H. Humphries. She said there was another concerned; Mr. Fielding ask'd her whether the prisoner look'd likely to deal in fiddles, or whether the other person seem'd more likely; she said they looked much alike

Q. Do you remember the name of Banks, being mentioned ?

H. Humphries. I do.

Q. Did not Mrs. Griffiths say she lent them money on all these things ?

H. Humphries. I remember no such thing.

James Reynolds . On the 2d of November, in the evening about nine o'clock, the prisoner John Clark, and others concerned with him ; being pursued as pick-pockets, from the New-Market into the Strand; there he was taken and caried before justice Fielding, when he came to Covent-Garden Roundhouse , he was asked questions; one was whether he had any other people concerned with him.

Q. What was he charged with there?

Reynolds. He was charged with picking a gentleman's pocket, he answered the question with saying he had, the next morning I asked him if he was concerned in any other robberies; he then mentioned the robberies he had been in; in company with Joseph Hugh 's, Joseph Banks , and Francis Monk : Then he said he was concerned with these three in taking a fiddle in a green bag, and a shagreen case with knives and forks from a peruke-maker's house in Hatten-Garden, out of a back-room; and that there was a bag they left behind them; and that it was on the 30th of October that they sold them all to Ann Griffiths in Turnmill Street for four shillings; and that Joseph Banks was with him when he sold it to her; the next day we went with a search warrant to the house, to search for the things: first of all, Ann Griffiths seem'd timersom about it, when Mr. Fannigin asked after a fiddle in a green bag, and a shagreen case with knives and forks in it; she said she knew nothing of the knives and forks; but she believed there was a violin in a green bag above stairs; the case with the knives and forks in it was found in the cellar ; when we came with her to justice Fielding's, then Clark told her, he and Joseph Banks brought the things together, that they sold them to her for four shillings ; and that Banks received the money of her, and it was divided among all four of them.

Q. What did she say to it?

Reynolds. She could not deny it, but said she was very sorry that she was the unhappy woman that bought them.

Q. Did she say what she gave for them?

Reynolds. No, she did not.

Q. What account did Clark give of the taking these ?

Reynolds. He told me he was not in the house; but that Banks, Monk and Hugh's went in; that they took away the things mentioned, and left a bag behind them, and he stood without.

Cross Examined.

Q. Did the prisoner Griffiths, admit that she bought them, or did she say somebody else bought them?

Reynolds. She at first said, the girl, or her husband might buy them.

Henry Flannigin . I am a constable, upon the information of Clark ; I had a warrant from justice Fielding, to search the house of Ann Griffiths , in Turnmill Street, for knives and forks and a fiddle, we went there and I asked her whether she had got such things in her house, and told her I must search the house, unless she would produce them in a little time; a little girl said there was a green bag hung up, above stairs; then she said to her go up and fetch it down; I imagin'd the knives and forks might be there too; so I, went up along with her: I found the siddle hanging up in a bag as the girl had said; I came down along with the girl again, and asked Ann Griffiths after the knives and forks, she said he knew nothing about them, in a little time she said we might look in the cellar for them; I went down, and there I found them on the left hand side; these are the same produc'd here; when Clark and she came face to face, Clark said she had given him four shillings for them; she did not deny but she was the unhappy woman that bought them.

Q. Did you hear her say what she gave for them?

Flannigin. No, I did not.

Q. Did she deny Clark's confession before Mr. Fielding, or say she gave more?

Flannigin. No, she neither denied it, or said she gave more.

Cross Examined.

Q. Should you have look'd in this cellar, had she not bid you?

Flannigin. I should.

Q. to H. Humphries. Whose house is it, the Barber's or Mr. Burney's ?

H. Humphries. It is neither.

Q. How many street doors are there to it?

H. Humphries. There is but one.

Q. Who is landlord?

H. Humphries. Mrs. Davis.

Q. Who pays her the rent?

H. Humphries. The barber pays her for his, and Mr. Burney for his, for they have each separate Apartments.

Clark's Defence.

Banks, Francis Monk , and Joseph Hughes , went in and took the siddle and case of knives away, and I carried them to this woman (pointing to Ann Griffiths ) and sold them to her for four shillings.

Griffiths. I had no hand in it, Banks brought them to my spouse, upon my honour I did not buy them; I never saw this person that stands here by me.

For Ann Griffiths .

Joseph Banks , Francis Monk , and Joseph Hughes , met me, and they ask'd me to carry these things to Mrs. Griffiths's for them, which I did; there was her husband at home, and I pledg'd them for four shillings, and I promised to fetch them the next day.

Q. Was Clark there?

Banks. He was not there.

Q. Was Mrs. Griffiths at home?

Banks. No, she was not.

Cross-Examined.

Q. How did you get them?

Banks. They desired me to take a walk with them.

Q. For what?

Banks. Because I knew Mrs. Griffiths.

Q. How long have you known her ?

Banks. Three or four years.

Q. What is your employment?

Banks. I am a plaisterer.

Q. Did you ever pledge any thing with her before ?

Banks. No, never before.

Q. How came she to know you?

Banks. She knew me when I drew beer at the Prince of Orange at the bottom of Saffron-Hill.

Q. Where does she live?

Banks. She lives in Turnmill Street

Q. What business does she carry on?

Banks. She keeps an old iron shop.

Q. How came you to go to an old iron shop to pawn these things?

Banks. Because she knew my mother.

Q. Is she a pawnbroker?

Banks. No, she is not as I know of.

Q. Have you ever known her to take things into pawn?

Banks. I have.

Q. Of whom?

Banks. Of several people; of my mother.

Q. Did you ever pawn any thing to her before or since?

Banks. No, I have not.

Q. Do you know the prisoner, (Clark.)

Banks. No, I don't.

Q. What did you do with the four shillings?

Banks. Hughes and Monk had it.

Q. Where did you meet with them?

Banks. In Holborn.

Q. What is Hughes's employment?

Banks. He is a cabinet-maker.

Q. What is Monk?

Banks. He is a silver-smith.

Q. Whose did they tell you these things you pawned were?

Banks. Hughes told me they were his father's.

Q. Did Monk say they were his ?

Banks. No, he did not.

Q. Who did you give the money to?

Banks. I gave it to Joseph Hughes .

Q. What did he give you for going?

Banks. He gave me six-pence.

To her Character.

Richard Webb . I keep the Coach and Horses in Mutton-Lane, and know the woman at the bar; she is in the ironmonger way, and bears the character of an honest, just woman; I live about 150 yards from her.

Q. Did you ever know any body pawn any thing with her?

Webb. No, I do not.

Daniel Haines . I live in Great Russel Street, Bloomsbury, and have known Anne Griffiths about three years or better, but never heard any thing amiss of her.

Margeret Housing. I live upon Clerkenwell Green, and have known the prisoner ever since she has liv'd in our neighbourhood.

Q. How long is that?

Housing. It is about two years; I have been in her house, and some days have not missed an hour in a day, but never saw any such person there to my knowledge.

Q. Does she lend money upon goods?

M. Housing. She does not, except to a friend that wants five or six shillings.

Q. Does her husband take in pawns ?

Housing. No, he does not, to my knowledge.

Q. What is her general character ?

M. Housing. That of an honest woman.

Margaret Wood . I have known her 12 years,

Q. What is her general character?

M. Wood. She is a very honest woman.

Q. Did you ever know her to receive any stolen goods, knowing them to have been stolen?

M. Wood. No, I never did.

David Burchel . I have known her about three years.

Q. Where do you live?

Burchel. I live in Fleet-Market.

Q. What is her character?

Burchel. A very honest industrious woman.

Abraham Wood . I have known her about two years, and believe she would be willing to do any neighbour a kindness ; she has lent me a shilling when I have wanted it without any thing pledged.

Q. Did you ever pawn any thing with her?

Wood. My wife told me she had taken in a glass and China plate to pledge of our's.

Hannah Burchel . I have known her some time, she is a very honest woman so far as I know.

Q. Did you ever know she received stolen goods, knowing them to be stolen?

H. Burcel. No, never.

Clark guilty. 39 s.

Griffiths guilty .

[Transportation. See summary.]

52. (L.) James Bowers , was indicted for stealing one handkerchief value 3 d. the property of Benjamin White , November 22 . ++

Benjamin White . On the 22d of November last I was standing in St. Paul's Church-yard , near to Cheapside, and the prisoner came and took a silk handkerchief out of my coat pocket.

Q. Did you see him take it?

White. I did very plainly; I was looking to see my lord mayor go by in his return from court; the quickness of the motion threw the handkerchief near as high as my head; I saw it fly up.

Q. Was the prisoner before or behind you?

White. He was standing behind me, and I catch'd him by the collar, so he dropped it upon the ground.

Q. Did you see it fall?

White. I saw it before it dropped to the ground.

Q. Were there much crowd near you?

White. No, there were but few people near me besides the prisoner.

Q. Was he gone far before you seized him?

White. He was not got above a yard from the place; I took him to the Compter.

Q. What did he say for himself?

White. He said the handkerchief was hanging out of my pocket, and he took it out in order to give it me, being apprehensive I should lose it.

James Field . I was coming along St. Paul's church-yard, and saw the prosecutor and the prisoner standing together.

Q. What time was this?

Field. It was about a quarter of an hour after three o'clock; I saw the prisoner put his hand into the prosecutor's pocket and draw the handkerchief out; he dropped it, and as he stooped down the prosecutor catched him by the collar; then the prisoner said he was just going to give it him.

Q. What were the words he said?

Field. He said, sir, I was going to pick your handkerchief up to give it you; then the prosecutor took him to the Compter; the prisoner at the Compter said it was the first fact he ever did.

Prisoner's Defence.

I was going to pick the gentleman's handkerchief up, and he seized me.

Guilty .

[Transportation. See summary.]

53. (L.) Charles Petts , was indicted for stealing one cloth coat, val. 10 s. the property of John Booshire , Nov. 23 . ++

John Booshire . On the 23d of November, I had a coat stolen from Mr. Cornes a carpenter, out of the shop where I work.

Q. When did you see it last.

Booshire. I saw it about four in the afternoon; and about six o'clock going to put it on, it was gone; I advertized it, and last Wednesday morning I had inteligence of it; the prisoner came to work at our house that morning I lost it.

Q. What is his employment?

Booshire. He is a plaisterer , I went to his master that employ'd him, and told him what I had heard; and desired he would send for the prisoner, and order him to come to work again at our house; for he had not been there after that day I lost the coat ; the master sent for him to the Fleece in Threadneedle-street, there I went and found him, I charged an officer with him, then he own'd before the officer and many other people, he took the coat; and I believe he sent his wife for it, out of pawn. ( Produced in court and deposed to.)

Robert Close . I am a constable, I was charg'd with the prisoner, he own'd he had taken the coat ; we went home with him to his mother's, and he sent his wife for it.

Q. Where did he say he had taken the coat from?

Close. From the place were the prosecutor said he had left it in Artillery-lane, where the carpenters were at work.

Prisoner's Defence.

I had been at work at that house, at the same time, but for the coat I had it not.

For the Prisoner.

Thomas Haines . I have known the prisoner seven years and upwards, he has done business for me and behaved honestly.

Q. What are you?

Haines. I am a victualler.

John Whitby . I have known him twelve years, and never knew any harm of him, till I heard of this.

James Oram . I have worked with the prisoner five or six years, of and on, I never knew any ill of him in my life.

True William Naylor . I have known him about four months, I never heard any harm of him.

John James . I have known him from a child, I don't live a hundred yards from him, I never knew or heard any thing of him but that of an honest lad, before this.

Guilty, 10 d.

[Whipping. See summary.]

54, 55. (L.) Francis Leonard , and John Keys , were indicted for stealing forty pounds weight of lead, value five shillings, belonging to the masters and wardens of the company of merchant taylors , fixed to a certain dwelling house, belonging to the said company; it was said over again for stealing lead fix'd to a certain house, the property of persons unknown , Oct. 31 .

William Jones , On the 31st of October, a gentleman that lives joining to this house that is now empty, that belongs to the merchant taylors company; came and told me he believed there were people stealing lead or something in that empty house, I went along with him, and found by feeling at the window shutters, they were loose, I found also the door open; I went in, and up one pair of stairs, I found the prisoner Leonard, behind a door, and the lead lay close by the side of him: (I had a light with me,) I asked him his business there, he said he came to look for his pickax ; I thought I heard somebody go up, I asked the prisoner Leonard, who was gone up, he said John Keys ; I left Leonard, in the possession of the gentleman that was with me; and went up another pair of stairs; there I found John Keys .

Q. Did you know either of them before ?

Jones. I knew them both very well, when they came both together Leonard said they came for his Pickax; the other said no, they did not, but they had made a fine piece of work of it; we sent for a constable, and they were both committed; this lead was taken from a gutter, from the top of the house.

Q. What quantity?

Jones. About forty pounds weight of it, I have since match'd it to the place where the lead was gone from, and it fits exactly; I had seen the lead in its place before; Keys confessed the taking the lead before the sitting Alderman the next day, he said that Leonard had fetch'd the lead down stairs, but the other said he never saw it.

John Butler . On Friday in the evening, the 30th of October, one Ann Blackstone came and informed me she saw a man get into this house, I went and informed Mr. Jones of it, and went with him to the house, we found the door upon the jar, and the window shutter open; my servant had a candle, and lanthorn to give us light. Mr. Jones went up stairs first, he passed him, and left him to us, and went higher in pursuit of Keys; Leonard said he came for his pickax, the other said they came upon no such errand ; they were carried before the sitting alderman the next day; and Keys confessed that they came there on purpose for the lead; and that it had been a consented scheme betwixt them for some time.

Q. What where the words Keys made use of?

Butler. I understood him that he said Leonard took the lead down.

Ann Blackstone . I saw one of the prisoners take down the bar of the window, and open the shutter.

Q. Which of them was it?

A. Blackstone. I can't say which it was.

Q. When was this?

A. Blackstone. It was the 31st of October, I saw one get over the sail window, and the other stand at the door till he within open'd it ; one said to the other if you can't open the door get the pickax.

Robert Willis . I was inform'd two men had broke into this empty house, I went there and found the evidence here had seized two prisoners; and the lead was lying behind the door, near one of the prisoners, after they were committed, I took the lead and carried it up and placed it in its proper place; the situation of the place is such, that it could not have fitted had it not been the lead that came from that place.

For the Prisoner Leonard.

Sarah Hall. I have known Leonard three years, and he has a very good character.

Hannah Dover . I have known Leonard a year and above; he is a very quiet peaceable man, and very honest.

Thomas Batling . I have known Leonard about a year and half, and he is a very honest man; he lodg'd with me, and kept good hours.

John Wood . I have known Leonard but a very short space of time; he is a very honest hard working man.

Paul Steen . I have known Leonard about two years; he has a good honest character.

Both Acquitted .

William Montgomery , capitally convicted last sessions for swearing himself a fugitive, with intent to defraud his creditors, was executed on Monday the 13th of November . And

Abraham Ward . capitally convicted this sessions for the murder of Elizabeth Saunders , was executed, pursuant to his sentence, on Monday the 11th of this instant December , and his body delivered at Surgeon's-Hall, to be anatomized .

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

Received Sentence of Death, 6.

William Clark , William Morris , William Croft , William Lee , Ann Fox , and Abraham Ward .

Transported for 7 Years, 18.

James Thrift , James Watkins , James Marshall , William Flemming , William Tuke , Absolom Stennet , James Bowers , Lucretia Cartwright , Barbara Robertson , Isaac Walker , William Crofts , Hannah Read , John Aubury , Richard Ford , Richard Beesley , Robert Douglass , Samuel Dust , and John Clark .

Transported for 14 Years, 1.

Ann Griffiths .

Branded, 3.

John Slow , Sarah Pool , Sarah White .

Whipped, 4.

Charlet Petts , Elizabeth Jones , Mary Taylor , and Hannah Green .

In the Press, and soon will be publish'd, Price 2 s. 6 d.

THE APPARATUS: Or, An INTRODUCTION to the ART of BRACHYGRAPHY.

CONTAINING (In a clear and concise Manner) The FIRST PRINCIPLES thereof;

With suitable Directions for adapting the same to Use.

The Whole consists of but Thirty-two Characters, and are placed in one View; a few Hours Practice and Observation, will reader them familiar, and not only prepare the Young Practitioner, for the better understanding the Treatise of Short-Hand-Writing, but of itself is a complete Long-Short Hand ; and far excels any thing made publick of the kind, both for Secrecy and Swiftness,

By THOMAS GURNEY , Author of BRACHYGRAPHY, or Short-Hand made easy,

And Writer of these Proceedings.