Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 22 July 2014), June 1753 (17530607).

Old Bailey Proceedings, 7th June 1753.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 7th, Friday the 8th, and Saturday the 9th of June,

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

NUMBER V.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.

[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 Honourable Mr. Justice DENNISON *, the Hon. Mr. BARON SMYTH +, WILLIAM MORETON ++. Esq; Recorder, and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

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

London Jury.

Joseph Pascoe ,

John Daniel ,

William Holloway ,

John Bonnett ,

Abel Wise ,

John Jones ,

John Adams ,

George Fern ,

Lockyer Davis ,

Thomas Driver ,

Richard Foddy ,

Joseph Cooper .

Middlesex Jury.

John Luttman ,

William Timbrell ,

Cornelius Vanderslop ,

Peter Thomas ,

John Gilbert ,

George Murray ,

William Perritt ,

Morgan Gwynn ,

Thomas Glegg ,

John Wharton ,

Thomas Barlow ,

William Cobbett .

258. 259. ( M.) John Underwood and Stephen Collard , were indicted for stealing thirteen pounds weight of sugar, val. 7 s. the goods of Joseph Arnold , in the shop of the said Joseph , June 5 . ++.

Joseph Arnold . I live at Limehouse ; the two prisoners and the evidence came into my shop, my maid was serving them, another took the sugar, and had it under his apron; they went out, I pursued them round Limehouse church, they dropt the sugar in the churchyard, I took the evidence Hall, and carried him before Justice Berry, he granted a search warrant, and by the information of Hall I found the other two, I took them in Leadenhall-street, and carried them before my Lord-Mayor, where Underwood confest the taking the sugar.

- Hall. One Jack went to Arnold's to buy a halfpennyworth of butter, then one Ben. Ball went in, and Underwood after him, he took the sugar, I staid at the door, and saw him take it out of the window, and run through a Street, Mr. Arnold run after him, he run through the church-yard, Mr. Arnold follow'd him, he dropt it, a servant maid took it up, and brought it to Mr. Arnold, I saw it brought into the alehouse, it is the same sugar loaf that was taken.

Q. Did you go out a robbing?

Hall. No, we did not think of any such thing, we went out to swim.

Q. Do you know any thing of Collard ?

Hall. Yes, there was six of us together.

Q. Was there no mention of getting money in any unlawful way ?

Hall. No, Sir, indeed.

Q. What is your way of living?

Hall. I live with a silver spinner.

Underwood's Defence.

I never was in the church-yard. Underwood guilty 4 s. 10 d , Collard Acquitted .

[Transportation. See summary.]

260. (M) John Holloway was indicted for stealing nine calve skins, val. 40 s. thirty-five pieces of leather, value 6 l. the goods of William and John Young .

May 6 .

++ Guilty .

[Transportation. See summary.]

261. (M.) Simon Smith was indicted for that he, on the king's highway, on John Mibous did make an assault, one hat, value 1 s. from his person did steal, take, &c .

John Mibous . I live in Change-court in the Strand, on the 8th of May about a quarter before Twelve o'clock. coming home there were two soldiers about a yard distance from each other, and the prisoner, who is a soldier , about six yards from them; he met me and took fast hold on me: it was a very light night, and a lamp burnt bright just opposite me.

Q. Could you see the prisoner's face?

Mibous. Yes, my lord, I did, when he laid hold on me, which was on the bosom of my coat and arm : I said, friend, what would you be at, immediately came up the other two, one of whom took hold on my left arm, the other took hold on my other side ; on which I call'd out thieves and watch. Then the prisoner loosed his hold, and took off my hat: they all three ran away, and I pursu'd them, calling out stop thief.

Q. Did none of them say any thing to you ?

Mibous. No, my lord, they did not.

Q. Had they any weapon ?

Mibous. No, I saw none. When they came near the Savoy steps, the prisoner quitted the other two, and made towards Savoy-hill: at the alley he said, catch me now if you can. I pursued him in the alley, and a soldier stopp'd him, but let him go: then, with some threatening language, the prisoner turned about and gave me a kick; on which I ran into the Strand, and went to call a gentleman that I knew, to go with me into the barracks, but he could not go: I then went by myself, and call'd for the corporal of the night, who call'd for two other soldiers, and they, with the corporal, went with me. We found the prisoner in Exeter-street at a door, and took him. We carried him to the watch house near the New-Church in the Strand, from thence to New prison, and from thence the next day before justice Fielding, where he said he was set upon and lost his hat.

Q. Was he charged with taking your's off your head ?

Mibous. He was, but denied it. When the soldiers took him, he resisted and fell down, and his hat fell off his head, it had a cockade: after that he threw it into an area, which hat is mine that I lost, and I describ'd it by a particular mark in the crown, and a mark withinside: after they went with him to prison, the next morning, a little after six o'clock, they went and found it in the area. (The hat produced in court, and deposed to.)

Thomas Woolfe . I am a corporal in the Third Regiment on the Barrack-guard, the prisoner is in the Second Regiment: the 9th of May in the morning, between 12 and 1 o'clock, Mr. Mibous came and knock'd at the back door in the Savoy, and on my opening it he said he had been robb'd of his hat by a soldier, who came down towards the barracks; I asked the centinel if he had seen any person go past ; he said no. I told Mr. Mibous I did not know what to do in it, but that I'd go with him to any place he thought proper, which I did, with two soldiers, to a place of ill same in that neighbourhood in a court, but they were gone to bed. I found no body there; but going up Exeter-street the prisoner was standing at a door, seeming to call to a person to let him in. One of the men with us had been drinking with him that afternoon, and had likewise seen Mibous pursuing him, said that is the man: but Mr. Mibous said, I will not swear to the man till I see his face, so a soldier and I went and took hold on him, and asked him to go us, which he refused. After we brought him to the light, Mibous said, that is the man, I'll swear to him: the prisoner had a hanger under his arm, which one of the soldiers took from him, and in the scuffle he fell, he had a hat on at this time, I held him by his neck; a gentleman came out of the house and said, don't murder the man, as he fell, the hat fell off upon the ground, one of the soldiers took him up, and the third soldier took up his hat, and put it upon his head, and going on five or six steps, the prisoner tossed his hat off into an Area; he had to hand at liberty. The next morning, when we had conducted him to New Prison, we concluded to go by the area to see for this hat; one of the soldiers got over, and took it up: I went to Mr. Mibous's house, and told him, by his description, I had got his hat; he came with us, and saw, and swore to it.

Q. to Mibous. Had the prisoner a hat on his head when he took yours?

Mibous. He had one without a lace, with a mettle button on it.

Joseph Hobbins and Joseph English , the two soldiers that were at the taking the prisoner, confirmed the testimony of Woolfe; the latter of them, with this addition, that he had been drinking at an alehouse with two shoemakers (the prosecutor was not of the company) and two soldiers, that he parted with them, and they went towards Savoy Hill, and he home, he had got a candle in his hand ; about half and hour after he had parted with them he heard a cry of stop thief, he went out, and saw the prisoner running by, and the prosecutor after him, that the prisoner was stopp'd by a centinel, he went and was certain it was one of the soldiers he had been drinking with. That the prosecutor there said he had been robbed of his hat, while he was looking for it the prisoner got from the centinel; after which he, with the others, found him at a door in Exeter-street, and that they had a struggle, and his hat fell off, he took it up, and put it on the prisoner's head, that he then observed it to be too good for a regimental hat, and the cockade being loose, he was positive it was the same that was found in the area the next morning, were he saw the prisoner toss it from his head.

Prisoner's Defence.

I know no more of this hat produced here, than the child unborn; my hat had a lace on it, which these soldiers took from me, and never returned it.

To his Character.

Francis Eagen . I have known the prisoner about a year, I know nothing of him but that of an honest man.

Mary Eagen . I have known the prisoner 14 years; he was born in the same town in Ireland that I was, I never heard any body give him a bad character.

Michael Malouday . I have known him about nine or ten months; I know nothing by him but that he is a very honest man.

Guilty ,

Death .

262. (M.) Martha, the wife of John Hoadman was indicted for stealing a copper stew pan, value 2 s. one pair of worsted breeches, value 6 s. two stone flower pots, and one silver knee bucks, value 1 s. the goods of William Shaw . May 18 ++.

William Shaw . I live in Swallow-street . On the 22d day of May I went down into my kitchen, and saw the prisoner there, she hid herself in the closet; it was between 9 and 10 o'clock, I asked who was there, she gave me no answer, I stept to her, and said, What do you do here? She said she was waiting for a person in the house, I stept up stairs, and desired a young man to prevent any body from going out of coors, then I went and enquired of my wife whether there was any body waiting for her below, she told me no, I came down stairs again, and met her coming out of the kitchen, I called down John Green, and sent for the constable, and stopt her till he came; she had two handkerchiefs, with things in them, when the constable came, he opened it, I was present; there was the things mentioned in the indictment; on searching her further he found the stew pan tied under her petticoats, I charged the constable with her, he took her before the justice, she had very little to say for herself, she own'd she took the things.

Q. Were all the things your own?

William Shaw . All the things I have mentioned were; but there were other things in the handkerchief, the property of persons unknown.

John Green. I was at work above stairs, my master called me down, I saw a woman upon the stairs, there were two bundles upon the top stair, tied up in handkerchiefs; my master sent me for the constable; when he came I saw him open the bundles, there were the things before mentioned, except the stew pan which dropt from under her petticoats: I went with them before the justice, she made but very little defence, I don't know that she said any thing at all.

Prisoner's Defence.

I never saw these gentlemen in my life before; I know nothing at all about the goods.

Guilty .

[Transportation. See summary.]

263. 264. 265. (M.) David Hughes , Edward Aukels , and Thomas Benian , were indicted for that they, on the king's highway, with a certain stick, on James Milbourn , did make an assault, with intent to rob the said James , May 31 . ++.

There did not appear to be any intention to rob; they were all three acquited , and the prosecutor was bound over to prosecute them for an assault only.

266. (M) Samuel Gold , was indicted for stealing 13 guineas, one gold ring, and one silver thimble, the goods of John Bennet , in the dwelling house of the said John , March 10 . The prosecutor did not appear, the prisoner was Acquitted , and the prosecutor's recognizance ordered to be estreated.

267. (M.) Andrew Johnson , was indicted for stealing one cloath coat, value 10 s. one stuff damask waistcoat, value 10 s. and one cloath waistcoat , the goods of Robert Beard , June 3 . +.

Robert Beard . Last Sunday night I lost a cloath coat, and two waistcoats, from on board a ship lying off New Crane, in the parish of Shadwell , and found them again at Dennis Murphey 's, in Rag-Fair the next day.

Q. Did the prisoner belong to your vessel?

Beard. No, he did not, my lord. I was asleep when they were taken away, so I can give no further account.

Dennis Murphey . On Monday last in the morning I bought this coat and 2 waistcoats, (Produced and deposed to by the prosecutor) of the prisoner at the bar at my house.

Thomas Hermitage . I am constable, and had the prisoner in my custody; I understood the captain's watch was taken from on board the ship at the same time; I asked the prisoner what he had done with it, upon which he delivered it directly to me, and said he took it out of the cabin.

Prisoner's Defence.

I had been cast away, so came to London from Dever in a Gravesend boat; I went and laid down at New Crane Stairs, and fell asleep; I awaked, and found myself very cold, and saw these cloaths lying on a cask upon the stairs, I took them, and walked about till morning, and then went and sold them.

Guilty .

There was another indictment against him for stealing the silver watch, but that not being laid capital, he was not tried upon that.

[Transportation. See summary.]

268. (M) John Underwood , was indicted for stealing 8 scythes, value 16 s. the goods of Edward Morris , May 30 .

The prosecutor not appearing, he was Acquitted .

269. (M.) John Pursley , was indicted for stealing one pail, value 12 d. one pair of linnen sheets, value 12 d. and one iron pot, the goods of John Warren , in a certain lodging room let by contract , May 26 .

Acquitted .

270. (M.) Edward Christophers , was indicted for stealing one promissory note under the hand of John Hays . bearing date April 29, 1751, val. 50 l. by which note, John Hays promised to pay to Thomas Garret , or order, the sum of 50 l. six months after date , July 1 . +.

Thomas Garret . On the 29th of April, 1751, William Hulls and John Hays came to me with a hood and judgment of one hundred pounds for me to sign to Hays, I said to them I did not owe him any thing; he said if I did not sign it, he would arrest me for 16 pounds, and put me in goal. I consulted with Christophers, the prisoner, what to do; his advice was, that if John Hays would give me a note for 50 l. I should give him a bond and judgment for 100 l. which I did; then he went down into the country with the bond and judgment to receive the money, but could not get the money, by reason of the mortgage upon my estate.

Q. Who is this Hays?

Garret. He keeps the earl of Stair's head in Vine-street. In July following, I lost the note out of my pocket which Hays gave me to pay me, or my order, 50 l. it was given me April 29, 1751, payable 6 months after date; I had it when I went to bed, and saw it, and in the morning missed it: the prisoner at that time lay with me, and nobody else.

Q. Did you ever find it again?

Garret. No, I never did. I went to Hays, and told him I had lost my 50 l. note that he gave me; he said what signifies 50 l. between you and I.

Ann Boon. The prisoner at the bar lodged at my house in September 51, who told me he had done an ill thing by poor Garret, which was that upon the bond of 100 l. given to Hays from Garret. Hays gave to Garret a promissory note for 50 l. that as Hays could get nothing on the bond in the country, he desired the prisoner to get the note from the prosecutor, and give it to him, which he said he did; that he took it out of his pocket when he was asleep in the night, (as they lay together) and carried it to Hays, and Hays, in his presence, flung it into the fire and destroy'd it; he also said, that he was sorry, for that he had a hand in getting all Garret's estate from him, which was 60 or 70 l. a year.

Q. Where was this conversation?

A. Boon. It was at my house in Chandos-street in a one pair of stairs room.

Q. Was any body by at this conversation ?

A. Boon. There were William Frost and Elizabeth Bohus at the time.

William Frost . On December, 1751, I heard the prisoner confess to the evidence in her house, that if she would excuse him some little incumbrance (what I can't justly say) he'd open to her the whole scene of villainy; then he owned to the taking this 50 l. note out of Garret's pocket, and delivering it to Hays.

Elizabeth Bohus confirmed the above, but could not be certain as to the time, neither the month nor year.

Prisoner's Defence.

I am as innocent of the affair as the child unborn. Hays and Mrs. Boon have both been at law for the fellow's estate; they wanted me to swear to serve their ends, but I would not, so am now prosecuted out of spight.

For the Prisoner.

Mr. Whitewood. I keep a publick house near London-Wall, and know the prisoner and prosecutor, they behaved like brothers, and called each other so. I really believe the prisoner was got among a bad set of people, but believe him to be a very honest man. This very woman (Mrs. Boon) once came to me as the prisoner's friend, about making up an affair of a bastard child that was laid to him, and now she wants to hang him. I have seen the prisoner and prosecutor drinking together often since the time of what they call the robbery, in good friendship.

John Olsinbrook . I live at the King's-Head facing Cripplegate church, and know the prisoner and prosecutor, and have seen them drinking together at Hays's house in the year 52, and also at my own house divers times, they were like brothers. I never heard Garret charge the prisoner with taking a note or any such thing.

Q. What is the prisoner's general character?

Olsinbrook. He is an honest man, and I'd trust him with untold gold.

William Lucas . I have known the prisoner near two years, and have seen him and Garret together an hundred times since the year 51 in good friendship.

Margaret Bourne . I have known the prisoner about two years, I also know Garret, and have seen them together since the year 51 several times at Hays's, the house where they lodged together I lived servant, and they appeared very friendly.

Q. Did you ever hear them talk about the note ?

Bourne. No, I never did.

Abraham Greenwood . I am near 16 years of age, and live at Mr. Hays's, and have seen the prisoner and prosecutor together several times since the year 51.

Q. Did you ever hear Garret charge the prisoner with having taken any thing from him?

Greenwood. No, I never did, they always appeared like brothers.

Q. Where does Mr. Hays live?

Greenwood. He lives in Vine-Street, near Round-Court, in the Strand.

John Woodruff . I live at the Man-in-the-Moon in Chiswell-street, and have known the prisoner about four years, he lived with me once about 4 or 5 months, and the reason of his leaving me was I had not employment for him; I always took him to be a very honest man, and never heard to the contrary.

Mr. Wadsworth. I live at Yowel, and the prisoner is my servant. At this time he came very well recommended to me, and has behaved exceeding well. I could trust him with untold gold.

Q. What is your opinion of him after hearing what has has been said here?

Wadsworth. I now have the same opinion I had before.

Acquitted

271. (M.) William Corbee , was indicted for that he, in a certain field or open place, near the king's highway, on John Stubbs did make an assault, and him the said John did put in bodily fear, two gold rings value 5 s. one thread purse, val. one penny, one Spanish dollar value 4 s. one queen Elizabeth's shilling value 6 d. from his person did steal, take, &c . Feb. 14 . *

John Stubbs. On the 14th of February last Mr. Hart, the king's closet-keeper, his daughter, I, my wife, and Mr. Buckmire, had been to Covent-Garden playhouse, coming home between 10 and 11 at night through the field leading to Chelsea , two men came past and went before us, when we came in the narrow lane they turned back upon us, one of them took Mr. Hart by the collar, and with a hanger in the other hand told him, if he did not deliver his money he was a dead man; Mr. Hart said, if so, you shall have our money; then the other man came and took Mr. Buckmire by the collar. I was coming along leading my wife, that man had a cut-and-thrust sword, and seeing me by the side of Mr. Buckmire, he pointed out the sword, and swore, if I went an inch further he'd run me through; I said, I'd go no further. After he had robb'd Mr. Buckmire, he catch'd me by the collar, put his hand into my pocket, and took out 3 s. 6 d. then he search'd my, and took out a white net purse, in which went two gold rings, a crown piece, three half crowns, a queen Elizabeth's shilling, a pocket piece, and some other small pocket pieces.

Q. How near was the other person to you when that person robb'd you ?

Stubbs. He was about 3 yards from me, and was taking Mr. Hart's buckles out of his shoes, I saw him down on one knee at them.

Q. Can you tell whether the prisoner was one of them?

Stubbs. I can't swear that, but think he was.

Q. from Prisoner. What dress was I in?

Stubbs. In a flapp'd hat, and a sort of a brownish horseman's great coat, and soldiers cloaths underneath as they appeared to me, I saw something red.

Q. Was it light or dark ?

Stubbs. It was as light as ever I saw the moon shine in my life. When we were at justice Fielding's, after the examination, I told him my wife was frighted, and griev'd much after one of the rings, which she valued, and she is with child, and I feared the consequence would be bad: he said, I know where it is, come to me, and I'll get you the ring again. Since that, the accomplice, (the evidence) sent it me. Produced in court and deposed to, with the prosecutor's mother-in-law's name on it, and the date she died on.

Isaac Ayres . Corbee and I went from Westminster on the 14th of Feb. in the evening to Hide-Park, with intent to rob somebody, we staid there a great while and saw nobody, but going under the wall we saw these gentlemen coming from London, they went into the 5-fields, and we followed them.

Q. What time of the night was this?

Ayres. This was between 10 and 11 o'clock, we passed them some way and turned back again.

Q. How many were there of them ?

Ayres. There were 3 gentlemen and 2 women; the prisoner stopp'd one of them, and I the prosecutor, and took out of his pocket a net purse, two gold rings, a Spanish dollar, a queen Elizabeth's shilling, and I believe two silver groats and about 16 shillings in silver. The prisoner took some silver from the other gentleman, but how much I can't say, he took his buckles also out of his shoes. After this, we went cross the fields making the best of our way home, and shar'd the things. The prisoner sent one ring to pawn by his washer-woman and some of the things to sell.

Q. What had you for your share ?

Ayres. My share came to about 15 s. with the buckles and every thing (he looks at the ring produced) this is one of the rings, it is a mourning one, and was in the thread purse that I took from Stubbs. This ring was pawned for 6 s. the other ring he sold, but I can't tell where, or to whom.

Henry Peal . I went down to Durham with some others on the information of the evidence Ayres, and took the prisoner and brought him up by shipping, and when he was on board he told us of this very robbery.

Q. When did he confess this ?

Peal. It was 5 weeks ago last Sunday, he ask'd us what Ayres had said, we told him of some robberies, but Ayres had not mentioned this; then the prisoner said, we robb'd some gentlemen and two women in the 5 fields Chelsea, and he said, if we would search Ayres's wife we should find a white net purse with a pocket piece in it, if they had not made away with it, which we did, and found it in her pocket at Clerkenwell Bridewell. The purse produced.

Prosecutor. This is my purse, which was taken from me at that time.

Q. Do you know this purse?

Ayres. This is the very purse which I took from the prosecutor. Corbee had it a good while, after which I had it again, and gave to my wife.

Q. Who mentioned this robbery first, you, by the prisoner on board the ship ?

Peal He did, we there not know of it.

William Norton . I went Peal. He confirmed the with this addition, that robberies at the same time.

Prisoner's Defence.

The reason of my mentioning that robbery was they said Ayres was not submitted an evidence, and when I came to justice Fielding and that if I could make receive the king's mercy, so I told them I clear my conscience. The prisoner and Ayres were both soldiers.

Guilty

Death .

See their trial No 69, 70, in this mayoralty.

272 (M.) He was a second time indicted, together with John Ayliff , for that they, on the king's highway. on William Clifton , Esq ; did make an assault putting him in corporal fear and danger of his life, one hat, val 1 s. one linnen handkerchief, val. 1 s. one paper snuff-box, two silk handkerchiefs, val. 2 s. one linnen stock one silver stock-buckle, and three shillings in money, from his person did steal , March 4 . +

William Clifton . On Sunday the 4th of March, my brother and I were coming to London, but were stopp'd between Pancras and the Turnpike about Nine at night, it was very dark. The first thing I heard was I thought the snapping of a pistol, which seem'd to be at the head of the horses. Then came up one man and got into the chaise, and was near a quarter of an hour in rifling it; he took out of my pocket three handkerchiefs, and a paper snuff-box, and also my stock and stock-buckle: he took my brother's stock-buckle, and also something out of my brother's pocket, which he put into his mouth, and said to him, did not you say you had given me all. It was so dark I could not see to distinguish any thing of their faces; there were three of them, one in the chaise, the other two on my side at first, but-one went on the other side.

Q. Is your brother here?

Clifton. No, my lord, he is not in town.

Q. Was this a chaise you drove yourselves, or was it drove by another person?

Clifton. It is a four-wheel chaise and a coachman to drive; after I heard that snapping, which I thought a pistol, the coachman said, have patience I'll make my horses stand.

Q. Did any person stand at the horses heads?

Clifton It was so dark I could not see what there were:

Q. Did they threaten you or demand your money?

Clifton. They d - d and swore they would mains, and bid us deliver our watches and: the evidence Ayres told me where my stock buckle and my brother's were pawned, which I sent he directed, and got them again. Produc'd in court and depos'd to.

Q. Had you light enough to discern whether they had their own hair or wigs ?

Clifton. No, my lord, I did not. I might have observed the person that came into the chaise, but did not.

Q. Could you distinguish the colour of their cloaths?

Clifton I did not. The man that got into the ch took to be a less man than Ayres the evidence.

Isaac Ayres . On the 4th of March about seven o'clock, Corbee and I went from Westminster, and in crossing the fields we met Ayliff the other prisoner, with a naked knife and a broomstick in his hand; he said he had had bad luck, there were so many people together he dared not attack any of them. As we were standing together I heard a coach, we went and found it to be a four-wheel chaise, and Corbee took a pistol from me, and went and stopp'd it

Q. Whereabouts was this ?

Ayres. This was above Pancras Church-yard in the hollow way, they made me rifle it. Ayliff went first by the head of the horses, and one of them hit him by the shoulder, and lifted him from the ground; on which he told the coachman, if he did not stand still he'd shoot the horse, and he did strike him across the nose with the pistol. I asked Mr. C lifton for his money, who gave me half-a-crown and a shilling, I was then by the side of the chaise, but afterwards got into it, and took from him his hat, three handkerchiefs, a stock and silver stock-buckle.

Q. How many men were there in the chaise?

Ayees. There were two men: we took a hat, stock and stock buckle from the other gentleman, and some money; after which Ayliff pull'd me from the chaise by my heels, saying they thought they heard some body coming, so we went away, and going a-cross the fields, Ayliff went to get over a bank, but fell down, and the pistol went off, I thought he had shot Corbee, but stepping back found there was no harm done. We then went to Holloway with intent to rob somebody, but met with none to rob : Ayliff had one shilling of the money and went home, and left us with the rest. I kept 1 s. 6 d.

Q. What did you take from the other gentleman?

Ayres. I took six shillings from him, Corbee sent the stock-buckles to pawn by his washer-woman, whose name is Alice Walker , to one Mr. Wood. I told Mr. Clifton of them since, and he has got them.

Q. Had Ayliff stopp'd the coach before the horse bit him ?

Ayres. He had bid the coachman stop.

Q. What was your intention in stopping them?

Ayres. It was with an intent to rob them.

Q. How did you all dispose of yourselves after you had stopp'd the horses?

Ayres. One went on one side the horses, and the other on the other side; but am not certain whether Corbee did not come to the side of the chaise, and I believe he did.

Q. Was there a pistol snapp'd?

Ayres. No, there was not, it was only a blow cross the horse's nose: the stock-buckle was pawn'd for 1 s. 6 d. we had six-pence each of that; one of the hats Corbee had, and lost from off his head in an attempt to commit a robbery near Cranbury house, and the other was sold: in our sharing the things that other hat was mine, and Corbee gave me a shilling out of the half-crown.

Q. Where did Corbee and you meet that night ?

Ayres. We met first at a publick-house in Pye-street: in the pistol's going off the flint fell out, and the shilling that Ayliff had he took to screw it in again, which he bent in so doing, and then put it in his pocket.

John Speller . I having been attack'd and shot at by Ayres and Corbee near Cranbury house, where in the struggle one of them lost his hat, I went to Clerkenwell Bridewell and told the keepers there they were soldiers: they said they were sure it must be the two soldiers that were tried and acquitted in January sessions last, so I went to St. James's Park two days after and took Ayres. He produced a hat. This is the hat the person had on that shot at me.

Q. to Mr. Clifton. Do you know this hat?

Clifton. I cannot say whether it is my brother's hat that he lost or not.

Ayres. The hat we took from the other gentleman had a cockade in it.

Q. to Clifton. Is your brother an officer in the army?

Clifton. He is, and he had a cockade on his hat.

It appeared the hat had had a cockade.

Speller. When I went to justice Fielding, which I think was on Easter-Tuesday, Ayliff was under examination: the justice asked him how long he had followed that course of life; to which he answered about two years. The justice asked him if he was concerned in robbing a four-wheel chaise near Pancras-Wash the 4th of March; he said he did, and the horse had like to have bit him, and his pistol went off going over a bank, by accident, and that he had but one shilling of the money after some talk Mr. Fielding's Clerk said to him about signing the confession, Mind what you do, that may be hurtful to you on your trial: then said the prisoner if I am not to be made an evidence I will not sign.

William Norton . I heard Ayliff confess at justice Fielding's that he was one that robb'd the prosecutor; he mentioned several robberies besides this, after that we went to the publick-house, and there he said the horse bit him on the shoulder at the time he stopp'd the chaise, and when he was going away in getting over a bank he fell down, and his pistol went off.

Samuel Philipson . I was with the prisoners before justice Fielding. He confirm'd the testimony of the others, as to the confession of Ayliff.

Henry Peal and William Jones , being there also at the time, confirm'd the same account.

Corbee's Defence.

I think Ayres has sworn very falsely against me, I never saw the buckles as I am a dying man.

Ayliff's Defence.

The time that they say this robbery was committed I was at Maidenhead in Berkshire, at a christening of one of my brother's children. I never was with Ayres but once in my life, and that was at Hollaway, where he got me fuddled, and in coming back he wanted me to be concerned in robbing a waggon, but I would not agree to it: he then said it would have been better for me if I had. I never drunk with him above five times in my life.

Both guilty ,

Death .

273, 274 (M) William Thompson and Catharine his wife , were indicted for stealing one pair of linnen sheets, one blanket, one pillow bier, one pewter plate, and one brass candlestick, the goods of Elizabeth Edwards , widow, in a certain lodging-room let by contract , &c. May 24 .

+ Both Acq .

275. (L) Mary, wife of Thomas Davley , was indicted for stealing one iron bar, value 6 d. one pair of iron checks to a grate, value 6 d. the goods of William Agate , May 19 . ++.

Acquitted .

276. (L) Ann Cypher , otherwise Cypherwood, otherwise Cypherroot, otherwise Ann, the wife of John Harrison , was indicted for marrying Thomas Kew , her former husband John Harrison , being then living , Aug. 27, 1727 , to which she pleaded Guilty .

See No. 200. in the last paper.

[Branding. See summary.]

277. (M.) John Stokes , was indicted for stealing one pair of silver buckles value 4 s. the property of Edward Harley , May 3 .

++ Guilty .

[Branding. See summary.]

278. (M.) William Middleton was indicted for stealing one silver watch, value forty-two shillings, the property of Robert Targoose . in the dwelling-house of the said Robert , March 14 . *

Robert Targoose. I live at the Whittington-and-Cat in White-Chapel , a publick-house, I left my watch on the table in the room where I lie, the day of the month I forgot, but it was in March it was taken away. Hearing the prisoner had sold one, and knowing the prisoner had none of his own, (he lodged at my house) I mistrusted it must be he that took mine, so I went to the house in Wapping where he had sold the watch, and the woman inform'd me she had bought a watch of the prisoner, but that she had sold it again.

Q. Is she here?

Targoose. Not that I know of: upon my taxing the prisoner, he own'd he took the watch out of my room, and had sold it to the woman.

Q. What is the prisoner?

Targoose. He is a carpenter and joyner .

Q. Had he lodged any time at your house?

Targoose. He had about two months.

Q. Did any body else hear this confession?

Targoose. Yes, my lord, there was William Billington by at the same time, and heard him own it.

William Billington . I heard the prisoner say, as he was going up to bed at the Whettington-and-Cat the chamber door standing open, he saw the watch lying on the table, that he went in and took it away and had sold it.

Q to prosecutor. How did he behave during the time he lodged at your house?

Prosecutor. He behaved very well so far as I saw, till this affair happened.

Guilty 39 s.

[Transportation. See summary.]

279, 280. (L.) Thomas Onyon , and Esther Onyon , widow, were indicted, the first for stealing fourteen brass bottoms of warming pans, value 11 s. and four brass covers for warming pans, val. 4 s. the goods of Zachariah Pitman ; and the second for receiving the same well knowing them to have been stolen , May 26 . ++

Zachariah Pitman . I am a brazier , and live in Mulberry-court near Moore-fields ; Thomas Onyon is my apprentice , he produced the goods mentioned in the indictment. I have examin'd all these they are my property. Some of them were found at the prisoner's mother's house in Lamb-alley, others at the house of Mr. Hone who had stopp'd them, so I came by the knowledge of it, for it is impossible I should have missed them where I have a large quantity together. When I with a search warrant found the four covers and sack in a box at the prisoner's mother's, she at first denied knowing any thing of the matter; but the lad own'd the taking them all, and said his mother sold them for him to a woman that is here, one Emmerton.

Martha Emmerton . I live in Beach Lane, I buy and sell brass, the woman prisoner brought some of these goods to my house, and I bought them of her, they are the fourteen bottoms for warming-pans.

Q. What did you give her per pound ?

M. Emmerton. I gave her 9 d. per pound.

Q. to prosecutor. What is that brass worth per pound?

Pittman. If I buy 500 pounds weight together I can't have it under thirteen-pence halfpenny per pound.

M. Emmerton. This is the usual price I give for old brass, and these were doubled up together.

Q. What did the prisoner ask you for it?

M. Emmerton. She did not ask me any more than what I gave her.

Q. Did she say it was her own ?

M. Emmerton. She said it was not her own, but that she had them of a brazier that was broke and could not go about his own affairs, so she was to sell the brass for him.

Q. Where did she say he liv'd?

M. Emmerton. She did not say where.

Q. What did you give her for it?

M. Emmerton. I gave her 5 s. 9 d. in part, and bid her come to me on the Monday following, and I would pay her the remainder: then I sent the brass to Mr. Hone, who I sell mettal to, but he was not at home.

Q. Do you know any thing of Thomas Onyon ?

M. Emmerton. No, I do not, the brass was all brought to me by his mother.

William Hone . I am a founder, and buy brass of the evidence Emmerton; I had bought some of her before this, such as we call scurff brass, which is chippings of brass that is trimm'd off round the edges, &c. and might perhaps come the same way; at this time she told me she expected some more, and came accordingly on Saturday was se'ennight, and said she had not money to buy it with, so I let her have a crown, and that night these plates were brought to my house by her, but I was not at home. When I saw them on the Monday morning I suspected them to have been stolen, and was determined, if possible, to find it out, so mentioning it to a woman whose husband happened to mention it to Mr. Pitman it was discover'd. Mr. Pitman came to me, and I delivered these 14 bottoms, which the woman brought to him; and as Mrs. Emmerton had given me an account who brought it to her, and we knowing her son was apprentice to the prosecutor, they were both taken up.

Mr. Wale. The prisoner Thomas Onyon confess'd in my house, that he took the fourteen brass bottoms out of the prosecutor's house, and likewise that he took several other things; and that his mother had inveigled him to it.

Q. to Pitman. How old is your apprentice, the prisoner?

Pitman. He is, I believe, in the 20th year of his age.

John Onyon 's Defence.

My mother knew nothing of the brass, nor I neither.

Esther Onyon 's Defence.

I never saw M. Emmerton in my life, I heard my son say he had two tops of warming pans which he designed to chase, and then carry them home again. I did not know what was in his box.

Q. to Pitman. Was the box lock'd at Onyon's house, in which were the tops?

Pitman. It was, and the woman prisoner gave me the key of her room, so I broke the boy's box open; he would not deliver the key before I went, but said he had lost it.

To their Character.

Mary Town . I have known the woman a great while, and have employed her seven or eight years in the quilting way, but never knew her or the boy wrong any body in my life.

Elizabeth Twitchel . I have known her fourteen years; she is a hard working woman, I never knew an ill thing of her in my life.

Robert Rumley . The prisoner Thomas Onyon liv'd with me two years in the character of an errand boy, during which time he behaved very honestly.

James Green. I dealt with Mr. Rumley when the boy was errand boy, he always behaved very honestly, and I never heard any ill of him before this in my life.

James Green. I am son to the last evidence, the prisoner was errand-boy to me, I have trusted him with things of value, but he never wrong'd me and I had a great opinion of his fidelity.

John King . I was apprentice with Mr. Green when the boy lived with him as an errand-boy, I have trusted him with several things, and he always behaved extremely well for what I saw of him.

Q. to prosecutor. How long has he liv'd with you?

Prosecutor. Between four and five years.

Both Guilty .

[Transportation. See summary.]

281 (L) William Newman was indicted for stealing one hand saw, val. 5 s. the property of William Pond .

April 24 . ++

William Pond . On the Thursday after Easter last I lost this saw, producing one. I advertised it on the Saturday following, and Mr. Brewin, a pawnbroker, inform'd me he had taken it in, so I had it again ; but as I was not at home when it was lost, can give no account of that.

Thomas Mead . I am Mr. Pond's apprentice; on Tuesday morning about 10 o'clock, the 24th of April, I used this saw, and on the day following I wanted it, but it was gone: my master was in the country, he returned on the Wednesday night, I told him it was missing, and he advertis'd it.

Q. Do you know any thing of the prisoner?

Mead. I never saw him in my life before he was taken up to my knowledge.

James Brewin . I live at the corner of Hosiar-lane, Snow-hill; the prisoner at the bar brought this saw to me to pawn on the 24th of April, he said it was his own saw, and that he had it made for him longer than ordinary, because he did not choose to stoop at his work, so I lent him three shillings on it. Some little time after I saw the advertisement and found it answered the descriptions, so I sent to Mr. Pond, who came and own'd it; but left it in my custody, in case the prisoner should come again to secure him. The prisoner came again in about three weeks after, and brought another saw to pawn, I jumped over the compter and secured him, he was taken before Sir Henry Marshal , where he said he bought it of a man in the street, but could give no satisfactory account about it.

Prisoner's Defence.

Coming up Coleman-street a man came to me and said, you look like a Carpenter; I said I am one. He said will you buy this saw, I look'd upon it, and found it one of White's make; he ask'd 4 s. for it, and I bought it for Half-a-crown and three half-pence; but can't say I know the man.

Guilty .

See him tried befor e No. 496. in alderman Blachford's mayoralty.

[Transportation. See summary.]

282. (L.) John Cornhill was indicted for stealing one silk handkerchief, val. 1 s. 6 d. the property of a person unknown, privately from his person , June 1 . ++

William Lee . I am a journeyman-baker and live in Southwark, on Friday was se'ennight I had occasion to go to the Exchange , and as I was sitting on a bench there about two o'clock, a gentleman had one corner of his handkerchief hanging out of his pocket; I saw the prisoner take hold on it and pull it out, and held it under his coat behind him. I secured the prisoner, and carried him before my lord-mayor, where he was searched and this handkerchief taken out of his pocket. Produced in court. It is the very same I saw him take out of the gentleman's pocket.

Jonathan Preston . I am a journeyman-baker, I was with William Lee at the time, and saw the prisoner take this handkerchief produc'd, out of a gentleman's pocket, and we secur'd him.

Prisoner's Defence.

The handkerchief is my own, I bought it for four shillings.

Guilty 10 d.

See him tried before for robbing a pack-horse on Finchley Common, No. 425, 426, 427, 428, 429 and 430. in alderman Winterbottom's mayoralty.

[Transportation. See summary.]

283, 284. (M.) James Perkinson and John Plastow were indicted for that they, on the 4th of April , about the hour of nine at night, the dwelling house of Daniel Kennedy did break and enter, one silk handkerchief, val. 5 s. one pair of worsted stockings, and twelve yards of gartering, the goods of the said Daniel, in the dwelling house did steal , &c. *

Daniel Kennedy. I live on Little Tower hill , opposite the victualling office, and keep a slop and hosier's shop , the goods mentioned in the indictment were taken away as they hung in my shop window about the beginning of April.

Joseph Burrier . Betwixt nine and ten o'clock at night, on the 9th of April, the two prisoners and I were coming by the prosecutor's shop, near the victualling-office on Tower-hill; James Perkinson went and lifted up a sash window, and took a silk handkerchief, and then we went to Mr. Carlow, and sold that, and others that we had got which were eight in all, for 5 s.

Q. What had you for your share ?

Burrier. We had 20 d. each.

Q. Where did you and they meet first that night ?

Burrier. I met with them near Aldgate.

Q. from Perkinson. How came you to be acquainted with me first?

Burrier. I liv'd in White Chapel, where Perkinson worked; we had been out together often, picking of pockets.

Q. How old are you?

Burrier. I am fourteen years of age.

Thomas Morley . I sat in my Mistress's shop, which is opposite to Kennedy's shop; about the 1st of April, between nine and ten at night, there came three boys together down from towards the Minories, it was dark; they lifted up the sash of Kennedy's shop and one of them took something out, but what it was I could not tell, and they all ran away. I went over and knock'd at the door. Kennedy came to it, and I inform'd him what I had seen; he sent his servant after them, who catch'd Plastow, and kept him in custody that night, and the next morning, carried him before justice Richards, where he said he'd assist in finding the others concerned with him, but took an opportunity, as they were about to see for the others, to give them the slip.

Perkinson had nothing to say in his defence.

Plastow, that he was but twelve years of age, had neither father or mother, and knew nothing of the affair.

Both Acq .

285. (M.) Jane Brooks , widow, was indicted for stealing two silk gowns, two quilted petticoats, a capuchin, two linnen aprons, two large silver spoons, six silver tea spoons, one pair of silver tea tongs, one silver strainer, one silk waistcoat, one dimitty waistcoat, two linnen frocks, five linnen children's coats, six yards of sattin, and seven linnen caps, the goods of William Oxon , in the dwelling-house of the said William . May 20 *

Rhodam Oxon . I am wife to William the prosecutor, we keep a hosier and haberdasher's shop in White-chapel , the prisoner had lived servant with me one week; on the 20th of May, which was on a Sunday, between eleven and twelve my husband and I went out to dinner at a neighbour's house, we left the prisoner in the house. We returned about two in the afternoon, but she was gone and the door lock'd, so we put our boy in backward, who open'd the door and let us in, that not been double lock'd: we were at home an hour and half before we missed any of the things; but upon searching about afterwards we found all the goods mentioned in the indictment, and other things not mentioned, were missing. She names them over. Some of them were taken out of one room, and some out of another, we advertised them, and in about a week after we found part of them, and part of them were sold to William Reice a falseman in Tothill fields, who upon seeing the advertisement stopp'd her. Here we found the capuchin, and of the six yards of blue sattin which I lost I found about two yards and a quarter; the prisoner went with me to her own lodgings where she delivered to me a gown, a pink silk quilted petticoat, a white quilted petticoat, three tea spoons, tongs, strainer, and the shagreen case, 3 little children's shirts, four or five caps, and the remaining part of the sattin, all which she own'd she had taken from out of the house: then she went with me to the silversmiths where she had sold three tea-spoons and a large one, there I found them. Produced in court and depos'd to.

James Birkingham . I am a silver-smith and live near Charing-cross, the prisoner brought this large silver spoon, and three tea spoons to me to sell, the 23rd of May, and she appearing to be a clean person, I bought them of her, and gave her sixteen shillings for them.

Peter Tomb . I am constable of the Parish of St. Margaret's, on the 28th of May in the afternoon, a warrant was brought to me to take charge of the prisoner: I took her before justice Lediard, but before we went there, I went with her to her own room, where I found a brown silk gown, three silver tea spoons, a large silver spoon, and a shagreen case; I went also with them to the broker's, and saw the several things mentioned by the prosecutrix, and likewise the plate at the silversmith's shop, which she own'd she took from the prosecutor's house.

Prisoner's Defence.

I had not seen my husband for two years and upwards, he came that Sunday and took these things away, I went after him, and beg'd of him to leave them; he said, if I did not be quiet he'd knock me on the head, I have not seen him since, he made me pawn them to raise money to give to him.

Q. to prosecutrix. I wanted a servant, and the prisoner was at a neighbour's house that bears a good character, who told me the prisoner was her cozen, which was all the character I had with her. My husband was in the country at the time.

Guilty 39 s.

[Transportation. See summary.]

286 (M) Charles Rex , otherwise Rix , was indicted for that he, on the 27th of May , about the hour of one in the night on the same day, the dwelling-house of David Thomas did break and enter, and stealing out thence six linnen aprons, one pair of breeches, five caps, a shirt, a shift, a pair of stockings, a quilted petticoat, three other petticoats, and 10 s. in money numbered, the goods and money of the said David . *

David Thomas. I am a cheesemonger , and live in Shoreditch , I went to-bed about a quarter after twelve in the morning, on the 27th of May; the things mentioned in the indictment were under my compter, and the money, which was upwards of 10 s. in half-pence, were in my till, I was call'd up by the watchman a little after five, and found my cellar window was broke open, and the goods and money mentioned were gone.

Henry Godson . I am a watchman, and as I was going for a draught of beer I saw a man in Pear-tree alley, right against the gun, and heard some half-pence scatter on the ground: I said, friend you are full of money, I'll help you to pick it up; he said he could pick it up himself. As soon as I heard his voice I knew him, he had lately drawn beer at the black dog in Shoreditch.

Q. How far did you find him from the prosecutor's house?

Godson. It is about ten yards distance : he said he was going to carry this money to his mistress's summer-house at Hogsdon, there lay a bundle by him: then he said, the goods and money were his own, and that he was going to the Parrot in the Land of Promise, so I said, I'll see where you go. We went till we pass'd the Parrot, then I seized him and told him I believed he had committed a robbery: he said, indeed so I have, at a house near the Carlisle, that he had broke into the house at one o'clock, that he heard the clock strike while he was in the house. The bundle produced in court, being the things mentioned in the indictment, and depos'd to by the prosecutor.

Prisoner's Defence.

I know nothing of what they charge me with.

To his Character.

Rawlinson Armstrong. I have known the prisoner twelve years.

Q. Have you known him down to this present time?

Armstrong. I can't say I have known any thing of him for this two years, when I knew him he had a good character

John Widson . I believe I have not seen him for these two or three years; but he was very honest 5 or six years ago.

Guilty of felony only .

He was a second time indicted for stealing 14 lb. weight of sewing thread, val. 50 s. the property of Abraham Bominear , in the dwelling house of the said Abraham .

March 14 . +

Abraham Bominear . I live in Spittal fields , on the 14th of March I lost 14 lb. weight of sewing thread out of my back warehouse.

Q. When had you seen it last?

Bominear. I had seen it about seven days before.

Q. Have you found it again?

Bominear. I have not.

Q. Why do you charge the prisoner?

Bominear. One of our people saw him going from my warehouse backwards with something in his apron.

Q. Did you know the prisoner before?

Bominear. He formerly work'd with me about seven months.

Joseph Cash . The prisoner being taken up on the other affair, and he having work'd with me some months, I went to him in order to see if I could get any thing out of him, having lost goods myself, and then he confessed he had taken 14 lb. weight of sewing thread out of the prosecutor's warehouse.

Q. Did you make him any promise previous to this confession?

Cash. I did not on Mr. Bominear's affair ?

Q. to prosecutor. Did you hear the prisoner make this confession ?

Prosecutor. I did.

Q. Did you make him any promise?

Prosecutor. I told him, if he would tell where he sold it (I wanted to find out the receiver ) I would not hurt him, but as he confessed before justice Gower, he bound me over to prosecute, or I had not done it.

Acq .

[Transportation. See summary.]

287, 288. (M.) Anne Ellis , spinster, and Sarah Ellis widow, were indicted, the first for stealing 14 guineas, the money of William Hudson in his dwelling house ; and the other for receiving the same well knowing it to have been stolen , May 4 +

William Hudson . I keep the Bricklayer's Arms in Whitechapel road , and hired Anne Ellis as a servant May 9. On the 14th she went up to clean the rooms, and came down in about six minutes after, and desired my wife to let her go to a neighbour's necessary, there being people in our yard, she went and in about ten minutes after my wife went up stairs and found a drawer broke open and some guineas missing (she is sick at home and can't attend) she came down and told me, so I ran to the house where her mother lodged, and was informed my servant had been there but was gone. Six or 7 of us went in pursuit of her next day, but could not find her; a neighbour accidentally seeing her getting into the Barnet stage coach came and let me know, so I, and an evidence, took horses, pursued her, and near Whetstone took her and her mother out of the coach, carried, them to Barnet, and tax'd her with stealing my money; she directly owned that she had forced open the drawer with an old key, and took out 14 guineas. I can safely say there were 17 missing; she had left six behind in the drawer. I search'd her, and found six guineas in gold and 10 s. 6 d. in silver upon her. The old woman said to me, she would have had her daughter brought me the money the night before They had bought themselves cloaths with part of the money, being now both very tight, but were very ragged before. I asked them where they were going, and they said into Bedfordshire to the mother's sister's.

Q. Was any thing found upon the old woman?

Hudson. There were 7 s. found upon her, which the girt said was part of my money. The old woman pulled it out, and said, it is all I have got, it is what my daughter gave me.

John Collier. I went along with Mr. Hudson in pursuit of the prisoners. We overtook them about, 3 miles on this side, Barnet. I ask'd the daughter, how she could be so base to rob her master of 17 or 18 guineas. She said, she believ'd it was not so much, it was but 14. We took her to Barnet before justice Haswell, where she said she found a key in her mistress's under drawer, with which she forc'd open the drawer in which was the money, and took 14 guineas, and that the devil put it into her head. The old woman said she knew nothing at all of the matter, till such time she was going to take coach to go out of town. She deliver'd 7 s. to the officer, and said it was money her daughter had given her.

Prosecutor. The officer that lives at Barnet has got the cloaths which they had bought with part of the money, but he is not here.

Anne Ellis's Defence.

I did not break the lock, it was left open, and I took the money. My mother did not know any thing of it. As to the 7 s. found upon her it was her own property.

Sarah Ellis 's Defence.

I know nothing of it.

Anne Ellis guilty ,

Death .

Sarah Ellis Acquitted .

289. (M.) Robert Birt , was indicted for stealing one silver snuff box value 7 s one pair of silver buckles value 10 s. one gold ring value 9 s. two pair of silver buttons value 2 s. the goods of Peter Harris ; one pair of silver buckles value 10 s. the property of Thomas Rose , May 31 . ++.

Peter Harris . I live in Cow Cross . The prisoner lodg'd at my house and had for about six weeks. I found a coat, two waistcoats, and a pair of buck skin breeches tied up in the prisoner's apron, and laid in his bed. Then I search'd about and miss'd the things mentioned in the indictment. This was on the 31st of May between the hours of 12 and two. There was a lock broke open, and I had no lodger but the prisoner. I mistrusted him, so took him up, and had him before justice Chamberlain, where he confessed he broke the lock, and took the things laid in the indictment. Some of the things were found in his pocket, and some in the sides of his coat. He delivered them all to the constable.

Thomas Rose . I rent a room of Mr. Harris. There was a pair of silver buckles of mine found upon the prisoner when we search'd him. I saw all the other things mention'd found upon him also, and heard him confess the taking them before the justice. The goods mentioned in the indictment produced in court and deposed to by their respective owners.

Thomas Briscodine . I am constable, and had the prisoner in charge. Some of these goods I took from him, and some he deliver'd to me himself. I also heard him confess he took them before the justice.

William Parks . I saw the goods found on the prisoner, and also heard him confess he took them.

The prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

290, 291. (M) Mary Perkins , otherwise Burgin , spinster , and Elizabeth, wife to Richard Evans , were indicted for stealing 103 yards of ribband. value 40 s. the goods of William Waters and Co. May 17 . ++

William Waters . I live in Russel street , Covent Garden. On the 17th of May, the two prisoners came into my shop, and asked me if I had got any hats to sell, I did not like the looks of them, so told them I had none for them, then they asked me for some ribbands, I shewed them four or five boxes with some; Evans bought a little remnant for her child. A gentleman came into the shop, and at the same time I was talking to him, I suppose, Perkins took the opportunity to take 4 pieces of coloured ribband, of which I shall give an account hereafter. The gentleman went out again; I took all the drawers, except one, with black ribbands in it, and put them on one side to be out of their way. Perkins said, you say you have no hats, I see you have got some; I said they are not fit for you, they are 4 s. a piece; she said, I suppose you'll take 3 s. 6 d. I fetched 2 or 3, then she said, there are more in that case ; I said they were the same, she said she chose to see them. As I was upon the counter, I saw her hand in the box, and take out two pieces of black ribband, and put them into her pocket; then she said, I think, I'll have a yard of this black ribband. The person that I am in partnership with was in bed, and by moving a small curtain could see what was done in the shop; he saw her take this ribband, he came out of the room, and ran to the shop door, and locked it; then Perkins took these four pieces of coloured ribband, and threw them into the box amongst the black ones, and the two pieces of black along with them ; one of the pieces of black fell on the ground. We sent for a constable, and he carried them to the warehouse, and from thence to Justice Fielding; there they both begged for mercy.

The prisoners had nothing to say for themselves.

Perkins, Guilty .

Evans, Acquitted .

[Transportation. See summary.]

292 (M). Sarah Barrow , widow, was indicted for stealing one copper tea kettle, val. 5 s. and one china bowl, value 5 s. the goods of William Liberten , March 26 . ++.

Acquitted .

293. (M.) Margret Monroe , otherwise Wiseman , spinster, was indicted for stealing one pair of cotton stocking, value 12 d. one pair of holland sleeves for a shift, 3 ells of holland, one silver spoon, one silver punch-ladle, 4 silver medals, value 5 s. four half guineas , the goods and money of George Wynn , May 24 . *

Ann Wynn. I am wife to George the prosecutor. We live in Chiswell-street ; the prisoner was my servant . I missed four half guineas, and four silver medals, one was a queen Anne's, on the 18th of May, which was of a Friday. On the Thursday following I found a portmantua of ours, which was in the room were the prisoner lay, was broke open, out of which I missed three ells of holland and a shirt (the shirt is not laid in the indictment) then I missed a silver punch-laddle from out of the scrutore by her bed-side, a pair of shift sleeves, and a pair of stockings; some days after that I missed a large silver spoon.

Q. How long had the prisoner lived with you?

Ann Wynn . When I first missed my money the prisoner had lived with me about three weeks; the day I missed my money she asked me to let her go to see a friend of hers in Lombard-street ; when she came back again I told her I missed more things; having mentioned the money to her before, she said she supposed they that took one took all. She pulled out a fine brussels lace tucker, and told me her cousin which she had been to see gave it her; this being so exceeding good a lace gave me a suspicon. I made it my business to find out her cousin, she told me she never gave her any such thing.

Q. Have you got any of your things again?

Ann Wynn . I have my stockings and shift sleeves, which I had from a washerwoman. I have advertised the other thing, but can't find them.

Jane Catch . The prisoner brought me this pair of sleeves, and a pair of stockings, the week before last, (Produced in court, and deposed to by the prosecutrix.

Ann Wynn . The prisoner owned before the justice the sleeves and stockings were mine.

Jane Catch . The prisoner brought these things to me as her own; I was to wash the sleeves, and get the stockings mended.

Elizabeth Broom I wash for Mrs. Catch. I was there when the prisoner brought the sleeves to wash, and stockings to be mended; she brought them as her own.

Prisoner's Defence.

I am innocent of the thing; I gave the stockings out to mend, and the sleeves to wash for my mistress.

To her character.

Mary Davis . I have known the prisoner 9 years, she always had the character of an honest just person.

Robert Monroe . I have known her about five or six years, she always bore a good character.

Q. Are you her brother?

Robert Monroe . No, I am not; but I am related to her.

Francis Ford . I lived in service with her. I take her to be a very honest woman. The lady which she lived with gave her a character to this place.

Acquitted .

294. (M.) John Freeman , was indicted for stealing 3 gold rings, value 2 s. 2 silver spoons, value 1 s. 6 d. 24 silver buttons, value 2 s. 1 pair of silver clasps, 3 pair of silver sleeve buttons, 1 pair of silver studs, I silver stock-buckle , the goods of Henry Atkins , June 2 . *

Mary Atkins. I am wife to the prosecutor. We live at Gravesend . The prisoner was a lodger in our house; I missed the goods mentioned in the indictment, and the prisoner too, about 8 o'clock on Saturday night last, I went and searched about for him at all the alehouses, but could not find him. He was taken here in London, with the things upon him.

John Willis . I am a watchman in Covent-Garden parish. The prisoner is my son-in-law; he came to me on Saturday last about 11 at night, and we had a pot of beer together, at a house faceing my stand; he shewed me 2 gold rings, the snuff box, and stock-buckle, upon which I thought he did not come honestly by them, I apprehended him, and took him to the Roundhouse, and delivered the things I mentioned, to the Roundhouse-keeper's wife.

Mr. Carey. I am watchouse-keeper in Covent-garden parish. When the prisoner was brought into the house, I asked him if he had any more things about him, and he delivered the rest of these things to me, some buttons, two spoons, &c. (Produced in court, and deposed to by the prosecutrix.

Prisoner's Defence.

On Saturday in the afternoon I was coming to see my brother in London. My landlady generally desired me to take care of the house; I saw a drawer about an inch out in which were these things, I was afraid she would be robbed, so took them along with me to London to preserve them, because there was another lodger in the house. All the neighbours will give me the character of an honest man.

Guilty .

[Transportation. See summary.]

295, 296. (M.) Nicholas Longman and John Cook were indicted for stealing one wooden box, one cotton gown, value 5 s. one cotton petticoat, one camblet gown, val. 6 s. one cloth cloak, eleven linnen caps, three linnen shirts, one silk bonnet, one silk hood, one cambrick handkerchief ; one gause handkerchief, one linnen apron, two muslin aprons , the goods of Mary Wadley , spinster.

May 17 . +

Mary Wadley . I came a passenger on board a ship that lay off the Tower wharf : I heard a man call out there were thieves, so I put my hand over my bedside, for I was in bed, and miss'd my box, with the things mentioned in the indictment in it. She mentions them over. After a little time some of the sailors brought the box with them to me again.

Q. Were the prisoners sailors on board that vessel?

Wadley. No, they were not.

Thomas Taylor . I was on board this vessel, and got up in the morning, the 17th of May, between two and three o'clock, I saw a white handkerchief lying on the deck, and two men drop over the side of the ship into the boat and go off, on which I call'd out, and the woman said all her cloaths were gone. I went in a boat on the Surry side, and took the prisoner Cook, with the box and things in it, and that gown the prosecutrix has now on all over mud, he had them in a boat; and I brought him and the things back. Longman was found in a lighter near him all wet, as though he had been in the river Thames.

Q. Can you say Longman was one of the two men you saw go off in the boat?

Taylor. I will not say that.

Q. Was any thing found in his possession ?

Taylor. No, there was not.

Q. Did he make any confession?

Taylor. No, my lord, he did not. The box produced. This is the same box I found in the possession of Cook.

Prosecutrix. This box I lost at that time with my things in it.

Stephen Hostler . I belong to a ship that lay next to the ship where the prosecutrix was robb'd, I was awake and heard somebody call out robbers, I ran forwards and saw two men in a wherry, I took our own boat, and two of our servants in her, and rowed after them; but when I came there the two prisoners were taken. I can't say they are the same men that I saw in the wherry, but Cook was never out of the boat.

Longman's Defence.

I had no concern at all in the thing.

Cook had nothing to say.

Longman Acq .

Cook Guilty .

[Transportation. See summary.]

297. (M.) Josiah Barnes , was indicted for stealing one cloth waistcoat, one plad waistcoat, one pair of leather breeches, one linnen shirt, two linnen handkerchiefs, one woollen cap, one pair of leather shoes, and one perriwig, the goods of John Adkins , two linnen shirts, the goods of Thomas Groom , in the dwelling-house of the said Thomas Groom , the whole to the amount of 3 l. 9 s. May 23 . +.

John Adkins . I lodge in the house of Thomas Groom , at South Mimmes, in the county of Middlesex . The prisoner had lodged in that house about eight nights.

Q. Is it a publick or private house?

Adkins. It is a private house. I came home from work, and missed my things, that is, a pair of leather breeches, a wig, a cloth waistcoat, a plad waistcoat, a pair of shoes, a shirt, two linnen handkerchiefs and a cap. I heard the prisoner was going for Barnet, I pursued and took him there, with all my goods upon him, except the shoes, which he said he had sold. Groom was along with me. (The goods produced, and deposed to.) The prisoner called at a house, and had two pints of beer, and there left Groom's two shirts.

Thomas Groom . I live at South Mimmes, where the other evidence lodged, and likewise the prisoner. I went in pursuit of the prisoner, and found my two shirts at a publick house, where he had left them in pledge for two pints of beer. We took the prisoner with Adkins's things upon him, except the shoes; and he directed us where the shirts were.

Prisoner's Defence.

I know nothing at all of it, I was quite drunk.

Guilty, 39 s.

[Transportation. See summary.]

298, 299. (L.) Ann Clark , spinster, and Mary O'Neal , spinster, otherwise Mary Robertson , were indicted for stealing one diamond gold ring, with a large brilliant diamond stone, and 2 small diamonds, value 7 l. 17 s. the goods of Thomas Flavel , in his warehouse, privately and secretly . It was Laid over again to be stolen out of the dwelling-house of the said Thomas, Dec. 24 . ++.

Sarah Flavel . I live in Carey-lane by Goldsmith's Hall , and am wife to the prosecutor; he is a jeweller . On the 23d of December the two prisoners came to our house, and said they wanted to buy a ring, I shewed them a case of rings, they chose one with a garnet and two diamonds, they asked me the price, I said two guineas; and Ann Clark said she was to buy it in the room of one she had lost unknown to her husband, which had an amethist in it, and wanted to know what I charged for amethist, I told her I would let her have one at the same price, if I had one that would fit it in the house; I went out of the room to call up stairs to my husband, who was then ill (and left my rings at the window where I shewed them in a shagreen case) for him to send the amethists down; he sent down a good many, and she chose one she liked. I called down a young man, and ordered the garnet to be drawn out of the ring; she agreed for two guineas, and the amethist to be put in, and she would sit down till it was done, they sat a little while, and Mary O'Neal asked Clark several times to go home for her child wanted her. At last Clark said I am a neighbour, my husband keeps a turner's shop in Honey-lane-market, if I don't call for it I beg you would send it by your man, and I'll give the money to the apprentice to pay for it, but said she would call in about an hour. She described the man that kept the turner's shop and his apprentice, then they went away. I locked up the buroe, and the things, and went up stairs with the shagreen case in my hand, Mr. Flavel took the case, and opened it, and said the brilliant ring is gone; then I said, these women will never come back. I sent my man into Honey-lane-market to enquire, who returned, and told me the turner's wife was a quite different woman; the master and the apprentice answered their description well. Clark call'd O' Neal Mrs . Cox, but did not say where she lived. We advertised the ring, and sent word to our friends in Cheapside to stop it if ever they saw it. We heard no more of it till last Tuesday, then I was sent for to Mr. Portall's, a shopkeeper in the Strand, there were the two prisoners at the bar; as soon as I opened the door, O'Neal said, I am sure I never saw you before; I said I am sure I know you; Clark was big with child when the ring was taken, so I said I must look at her before I could be positive; when I heard her speak I immediately knew her. Then Mr. Flavel went for a warrant; when he was gone, they both begged and cried that I would forgive them ; Ann Clark fell on her knees.

Q. Had you charged them with any thing?

Sarah Flavel . I had said they were certainly the women that took the rings from us; at first they said they never saw me in their lives; at last they said, if it is so, it will do you no good to prosecute us; Mary O'Neal put her hand in her pocket, and said, 20 l or 20 guineas will do you more service than prosecuting me: I said I shall not take any of your money. The constable came, and they were taken before justice Lediard Ann Clark stuck to her own name, but the other owned different names, and different places of abode, so the justice committed them to different goals.

Q. Did you see the ring at Portall's ?

Sarah Flavel . I did, as soon as I came into the room, and am sure that very ring was in the case at the time they were in my house, and was brought down on purpose to shew to them.

Q. Did they confess any thing before justice Lediard?

Sarah Flavel . No, they did not.

Q. Was the ring produced in their presence before the justice.

Sarah Flavel . It was. (The ring produced in court, sealed up with justice Lediard's seal, opened and deposed to by this witness, to be the identical ring taken away at the time mentioned.) Ann Clark said when I talked with her about being big, that she had a child about five months old, and afterwards, upon O'Neal's speaking to her, she altered it to nine months old.

Cross Examined.

Q. What do you call this in the middle ?

Sarah Flavel . It is an oval brilliant.

Q. What is the value of the diamonds?

Sarah Flavel . They are worth 7 l. 17 s. the large diamond is a little off of colour.

Q. How can you take upon you to swear to a diamond ring?

Sarah Flavel . A ring that is of our own making, and what we handle so often, I can swear to it. We always know our own rings.

Q. Will you pretend to say there can't be another ring like this?

Sarah Flavel . I will not say that.

Q. Is thisplace where you lost your ring a shop?

Sarah Flavel . It is not a shop, it is a warehouse where we put our goods; we deal in plate and other different things; it is in the front of the house; it is the room were we shew all our goods, and part of the dwelling-house.

Q. Where did you go when you left the rings to call to your husband?

Sarah Flavel . I went just out of the room, and called at the bottom of the stairs?

Q. When was it advertised?

Sarah Flavel . It was on Christmas-day, which was the Monday after, and the Tu esday. The news paper produced, with the advertisement in it.

Abraham Portall I am a goldsmith, and live in the Strand. The two prisoners at the bar came to my shop on Tuesday or Wednesday last. Ann Clark asked to see a ring, upon which I pulled out a box of rings, and shewed her the best I had, which she said were not good enough, upon which I told her I'd make one at what price she pleased, she said she would have one made at about five guineas, I took measure of her accordingly, after that she said I have got a ring, and should be glad to dispose of it, and put three or four more guineas to it for another, it is a yellowish diamond, which I was persuaded to, but don't like it, upon which she produced this ring that has

been shewn here, and asked what I would allow for it. I told her I was not a good judge of diamonds, and upon my own judgment could not allow her above six guineas; but if she would leave it a day I'd shew it to a friend of mine, and if he valued it at more I'd give her more for it: she said she would not part with it under 8 guineas, for she had given 11 guineas for it, and that the weight of the stones were in the receipt, which was three grains, and that she had the jeweller's receipt at home, which she could shew. I said if she would leave it a day, I'd shew it the person that did that sort of work for me, and if he valued it at the money I'd give it her. She said she could go to a shop higher and could have it, so they went out of the shop with it, and return'd within the space of a minute, and Clark said, then she would take seven guineas for it, but no less, for she did not love haggling, or some such sort of a word she made use of: I still desir'd her to leave it, and then she said give me six guineas, and I will put three or four more to it, and you shall make me a better; but before I bought this ring, it was necessary I thought to look into the Advertisements from Goldsmith's-hall, upon which Mary ONeal cry'd out, what do you take us for? I said I always did it when I bought any thing of value. Ann Clark said we are people of character, this gentlewoman, meaning Mary O Neal , is Mrs. Cox, and keeps a haberdashers shop in the Hay-market, and every body knows her; she said her name was Clark, and lived in St. James's market, and that I was to send the ring to her when it was done. I paid her the six guineas bargain'd for, I had opened shop but about a month, upon which very likely they took the advantage of coming to me, for I had no advertisement concerning this ring being stolen. Just in the interim Mr. Flavel pass'd by my door, he was the jeweller I intended to have shewn the ring to, I beckon'd to him, and shewed it him, and desired him to give me his opinion of the value of this ring, he immediately put it on his finger, and said, Sir, this is my ring, and I'll swear to it. Upon which O Neal desired we would not make a mob to expose her, so we took them into the back parlour; Mr. Flavel sent for his wife, who, as soon as she entered the room, said to O Neal, I know you are one of the women, but I am not quite positive to the other. The other had not spoke above a minute or two, before she said, now I am positive you are the other person. As as soon as Mr. Flavel claim'd the ring, Clark said she had taken it in pawn, and had lent five guineas and half upon it, and that Mary O Neal brought the person with it, which person is now gone to France or Flanders, or somewhere abroad: then Mr. Flavel went out for a warrant to justice Lediard, and in his absence O Neal pull'd out a handful of money, and said she'd give 20 l. to Mrs. Flavel if she would not expose her, and that would do her more good than to prosecute her: they both fell down on their knees to her, and desir'd her to let them go, and begg'd of me to speak for them. When they were taken before the justice he examined them apart. Mrs. O Neal said her name was Robertson, and they each gave different names of the person that had pawned the ring, one said the name was Miller, the other said Jones.

The SECOND PART of these PROCEEDINGS 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 Thursday the 7th, Friday the 8th, and Saturday the 9th of June,

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

NUMBER V. PART II.

LONDON:

Printed, and sold by M. Cooper, at the Globe in Pater-noster Row. 1753.

[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.

Cross Examin'd.

Q. WHAT time of the day was this they came to your house ?

Portall. It was in the afternoon about four or five o'clock.

Q. Did they seem to shew any uneasiness at your calling Mr. Flavel in?

Portall. I don't know they did, or that they knew him.

Q. What did Mrs. Flavel say as to Clark?

Portall. She said she believed it was the woman; but would not answer immediately to swear it: but after she spoke, she said she was sure she was one of the persons, both by voice and actions.

Q. Which brought the ring into your house?

Portall. Ann Clark did.

Thomas Flavel . I had been ill for some time, and kept my room on Saturday before Christmas-Day, my servant acquainted me there were two women below; but I did not see them. My wife had call'd to me for the amethists to be sent down; after this my wife came up stairs with the rings from below, I open'd the case, and miss'd a 3 stone brilliant ring, then I dispatch'd my apprentice to some shopkeepers to detect the women, if offering them to sale. I sent another servant to the turner's shop; he brought word back that the turner and his apprentice answer'd the description given of them by one of the women; but the turner's wife was neither of the women who had been at my house. On Christmas day, being the Monday following, I advertis'd the ring, and the day following, with proper descriptions of it; but never heard any thing of it till last Tuesday. Passing by Mr. Portall's shop in the Strand, seeing people in it, I pass'd the door, he beckon'd his hand for me to come in, as soon as I came in, he said to the women (the two prisoners at the bar) it is very lucky, this is the very man I intended to carry it to to-morrow: he gave the ring into my hand, and ask'd me the value of it, I wiped it, and look'd at it. I know it from ten thousand, because I have wore it scores of times myself. I clapp'd it on my finger, and said it is my ring, and I'll swear to it. He told me he had given six guineas for it to those women. I begg'd his leave to shut his door too for a minute, and said, that ring was stole from me by two women that I had never seen, and insisted upon detaining them, till I sent for my wife, which I did, and said if she did not know them they might go about their business, but it was necessary they should return the gentleman his money. Ann Clark refus'd to do that, but Mary O Neal said return it if it was ever so much, which then she did; after that, they told me I looked like a good-natur'd man, and that they knew I was father to several children, and that I should have compassion ; and as to money, if I would accept of it, 20 or 30 l. was at my service, and produced to that value, in gold of different pieces : they afterwards found that would not do, they laid they'd make it a hundred; I said, if they made it a thousand it would not do. As soon as my wife enter'd the room, she said to O Neal, as to you, madam, I am positive you was one of the women that was in our house, and you had a red cloath about your face at the time. She said to the other, as to you, madam, I must think a little; for, if I mistake not, you was with child at that time, and by conversing, Clark said she had a child 5 months old; after that, upon O Neal's speaking to her, she said it was 9 months old. My wife said after this she was certain as to the other. They were taken before justice Lediard: they were examined apart, and made many blunders in their examination. One went by four different names.

William Graston . On the Saturday before Christmas I was called out of the shop. I am journeyman to Mr. Flavel. There were the two prisoners at the bar. Ann Clark ask'd me if I could take a red stone out of a ring, and put a purple one in (that was to take a garnet out, and put in an amethist, I said I could) so took up the ring, and took it out, and came down; they chose out an amethist. I went to the lapidary to have that stone cut less; when I came back they were both gone. I went up to my master, and he said, do you know them, I said I should could I see them. He sent me after them to the turner's shop, but the turner's wife was quite different from either of them. The man and apprentice answer'd the description they had given. On the Sunday at night I carried an advertisement to the Daily Advertiser, facing St. Dunstan's church, and it was put in, on the Monday, being Christmas-day. I was sent for to justice Lediard's. The justice ask'd me, if I knew that lady, meaning O Neal; I said, I believ'd that was the woman that had a red cloath at her face; she said I am not asham'd of my face. I said I will not swear of her face ; but as to Ann Clark , I said I will swear she was the person that gave me directions to-alter the ring.

John Knight . I happen'd to be at Mr. Jeffery's in the Strand last Tuesday, he came in and said Mr. Flavel has been robb'd, and the two women are at Mr. Portall's, I went there, and saw them in the back parlour; I was there when Mrs. Flavel came in; immediately she said she knew O Neal, but the other she could not be sure of just then (she said it was the same gown, but there may be one gown like another ). As soon as Clark spoke, she said now I know you very well. Mr. Flavel went out to get a constable and a warrant. They both fell on their knees to me, and begg'd I'd persuade Mrs. Flavel not to prosecute them. O Neal said she had a husband, and desir'd not to be expos'd. I ask'd her if she had any friends, or who she knew, she nam'd a gentleman in the city, and said he was at her house but two nights before, but I could not prevail upon her to send for any body.

Q. Was Mr. Flavel present when O Neal said she had a husband ?

Knight. That I can't remember.

Flavel to the question. I believe I was gone to justice Lediard at the time, I remember nothing of it.

Note, This question was asked on the account of the indictment being laid in the name of Mary O Neal , spinster.

The prosecutor had the person in court to have proved he set the stones into the ring; but the prisoner's councel said it was needless, for they admitted it was Mr. Flavel's ring, so he was not call'd.

For the Prisoner.

Christopher Montague . I am a Clerk and write for a broker, I know the two prisoners and was at the house of Mary O Neal about four months ago, I saw Ann Clark there.

Q. Where is O Neal's house?

Montague. It is Adlam's coffee-house by the duke of Newcastle's; there was at the same time there a woman that call'd her name Millar. I saluted Mr. O Neal, and asked him how he did, these two women Clark and Millar were sitting together, I believe they were talking for seven or eight minutes, about seven and eight guineas. Clark had a ring in her hand looking at, Mr. O Neal was cleaning himself in the coffee-room, and desired me to draw a receipt when they had agreed. He takes a paper in his hand. This is it I saw the woman that call'd herself Millar sign; I wrote the body of it by Mr. O Neal's direction, it bears date the 10th of February, the very day it was wrote.

It is read to this purport:

'' February 10, 1753: Received of Ann Clark '' 5 l. 15 s. 6 d. for a diamond ring of a yellow '' hue, and, upon non-payment of the above, it '' is to be dispos'd of as Ann Clark thinks proper, '' if not redeem'd in three months after date.

'' Mary Millar .''

Witness Christopher Montague , John Macave , John O Neal .

He is shewn the ring.

Q. Do you know this ring ?

Montague. This is not the ring I think.

Q. Do you remember the time of Mrs. O Neal's lying in ?

Montague. I do, it was some time about Christmas last; it must be before, for on Christmas-day in the morning I saw her in bed with a young child she had been deliver'd of, it could not be long before.

Q. How long do you think?

Montague. May be two or three days: I heard of her lying in three days before, so I call'd to see her.

Q. Had you seen her before she was brought to-bed; did she appear visibly big with child?

Montague. I had; she was visibly big with child, she was so big that every body in company with her must perceive she was with child.

John Macave . I remember Mrs. Millar's coming to our coffee house, I am a servant there, and am a subscribing witness to this note. He looks at it. The note imports money to be lent on a diamond ring : I saw the ring on the table and money also.

Q. Should you know the ring again?

Macave. I don't think I should. I brought a pint of wine to the table, and Clark desired me to be present at the laying down the money.

Q. When was Mrs. O Neal brought to-bed?

Macave. She was brought to bed either three or four days before Christmas-day last.

Q. Did she appear very big before she was brought to-bed ?

Macave. She appear'd very big, so that any person must know that she was with child.

Q. Who else was a witness to this receipt?

Macave. John O Neal was a subscribing witness.

Q. What money did you see paid down on it?

Macave. I saw five guineas and a half paid down.

Q. Was this before Christmas New-stile or Old ?

Macave. New-stile.

Q to Flavel. Do you mean the Saturday before Christmas New stile or old?

Flavel. I mean New-stile.

Catharine Riley . I liv'd servant with Mrs. O Neal nine months, two years ago, she was brought to-bed three days before Christmas last, I attended her then, and was sent for to nurse her, and was with her ten days before she was brought to-bed.

Q. Was she very big with child before she was brought to-bed ?

C. Riley. She was visibly big with child, I was her nurse in her lying-in.

Q. What are you?

C. Riley. I take in washing at the Bull-and-Gate in Holbourn.

Q. What day of the week was Christmas-day on?

C. Riley. I don't know, but to the best of my knowledge it was on a Monday, and Mrs. O Neal was brought to-bed on the Friday before.

Mary Connel . I have known the prisoner O Neal ever since I can remember: I remember her lying-in, I was sent for by a messenger to come to her in the morning about eight o'clock the Friday before Christmas-day, and was there about half an hour after, when I came there she had been delivered about half an hour: I had seen her about a fortnight before, she was very visibly big with child then?

Q. Where do you live?

M. Connel. I live in Leather-lane with my mother, who keaps a cook's shop.

Q. Are you a married woman?

M. Connel. I am a single woman, and make gowns.

Mary O Neal . I have known Mary O Neal ever since I can remember; she lay in the Friday before Christmas day, and I was there at the time ; she was brought to bed at eight in the morning, I know Mary Connel , she was sent for, and I saw her there at the time.

Q. Are you any kin to the prisoner O Neal ?

M. O Neal. I am her own daughter, and live in the house with them.

Q. How many brothers and sisters have you?

M. O Neal. I have two brothers younger then me; the child she holds in her arms, is the child she lay in with, on the Friday before Christmas-day.

(Note, M. O Neal stood with a young child in her arms, at the time of her trial.)

Q. How old is the oldest ?

M. O Neal. The oldest of the two is three years old.

William Dwyer . I am a chairman; I have known Mrs. O Neal four years, she was with child before Christmas; I was there the Saturday before Christmas day, in the evening; I remember I had been in Duke's-place that day; coming home I bought a goose at Newgate-market, by the same token I had it in a handkerchief; coming to O Neal's house, I called for a pint of wine, they served me in the house; I asked for Mrs. O Neal, they said she was up stairs sick; I said what is the matter, they said she lay in; I went up stairs to the room door, and bid her a deal of joy; she thank'd me, and told me she should be glad to see me another time, I came down, paid for my wine, and carried my goose home.

Q. What is her general character?

Dwyer. I never knew but she bore a good character : they keep Adlam's coffee-house; before they came there, they liv'd in Phoenix-alley.

Joseph Setterey . I have known Mrs. O Neal eight or nine years, I am a tallow-chandler, and have dealt with her in drapery goods, she always paid me very honestly, I know no ill of her.

Q. Where do you live?

Setterey. I live in St. Martin's lane.

John Bevan . I have known Mrs. O Neal seven years; she once was my tenant, when they liv'd in my house, she bore as good a character as any body I desire in my house and behaved very well, they went from me to Phoenix-alley.

Q. What are you and where do you live?

Bevan. I am a cordwainer and live at Charing-cross.

John Malloy . I have known O Neal nine or ten years; they lived in my house almost a twelve-month, and never heard any other than a good character of her.

Q. When they liv'd in your house how many children had they?

Malloy. They had three children; two boys, and a girl ?

Q. How long is that ago ?

Malloy. Three years ago, the youngest was born in my house, I stood godfather to it, the other died in my house.

Richard Bourne . I am a baker and a housekeeper in St. James's, I have known O Neal 11 or 12 years, and served her with bread ten years; she bore the best of characters, I never heard of any imputation on her honesty.

- Heygan. I have known O Neal upwards of seven years, she always bore a very good character, I always looked upon her to be a very honest woman, and never will believe she would go into a shop and steal a ring.

John Brown. I have known O Neal about 14 years, and never knew any thing of her but what was very good: when I heard this it was the most surprizing thing in the world to me, upon my oath I think her to be an honest woman.

Daniel Gilmore . I have known Mrs. O Neal about eighteen years, and never heard an ill character of her before; I have had dealings with her seven or eight years, I am a master-taylor by trade, and work for her husband and children ; but don't think her capable of stealing a ring out of a shop.

John Donoley . I have known Mrs. O Neal twelve years, and never heard a bad character of her in my life, I take her to be an honest woman, and am sure she never was capable of going into a shop to steal a ring.

John Power . I am a merchant in Great St. Hellen's, particularly in the wine way; I have known Mrs. O'Neal three years, I always heard an extreme good character of her, and have found it such.

Q. Do you think her a person that would commit such a crime as is laid to her charge?

Power. I don't indeed sincerely; I have found her remarkably honest in her dealings with me.

Q. Who is alderman of the ward of Great St. Helen's?

Power. I don't know. I am in partnership with Mr. Macnamace.

Mrs. Flyd. I have known Mrs. O'Neal upwards of twenty years, and have been intimately acquainted with her; her character is that of a very honest woman, upon my word I believe her such; I am sure she would do no such thing.

Q. Here is one witness much wanted. Pray where is the midwife that laid the prisoner O'Neal, as these witnesses have said ?

Prisoner O'Neal. There were two gentlemen that came from Bulogue which lodg'd in my house, they brought a man-midwife along with them, he laid me, and he is gone again to France.

Q. to Catharine Riley . Was it a man, or a woman, that laid her?

C. Riley. It was a man doctor, that came from abroad.

John Maclade . I have known the prisoner Clark ten years, I never heard any thing bad of her.

Both Acquitted .

300. (M.) Thomas Clayton , was indicted for stealing 10 weather sheep, value 11 l. the goods of Richard Stevenson , May 11 . *

Richard Stevenson. I have a little field in the parish of St. Mary-le bow , at Paddington , and on the 10th of May at night, I had ten sheep in it; on the 11th in the morning, I had word brought me by Francis Picksley my sheep were all gone, and the gates broke open. I made all the enquiry I could about them. I desired one Mr. Hill that buys skins, if he should see any such to take notice, and inform me, he knows my clip. On the 19th of May he sent me word he had three of them; I went and found them to be mine, and swore to them.

Q. What is your clip?

Stevenson. It is a clip down the face, and two clips on the off shoulder; they where red back'd sheep, but no brand mark; I bought them in Smithfield. As Mr. Hill told me he had the skins of the prisoner at the bar, I took him up, and search'd his house. I ask'd him how he came by them sheep, he own'd there were ten of them, and that he bought them in Smithfield. I ask'd him how he came to buy them with a butcher's mark upon them, (for when we butchers buy we have different clips and marks, so that we and the men that are used to the market know whose they are) he said he saw no mark at all. I ask'd him how he could handle them without seeing the marks, he said the sheep were not put in a pann, and that he cheapen'd them coming down Holborn, and bought them on Snowhill, in an alley; he said the same before justice Fielding, and that it was a little after six o'clock on the 11th of May, and brought them home about ten, and the man he bought of was nam'd Brown.

Q. Where does the prisoner live ?

Stevenson. He lives in Bloomsbury-market.

Q. What is the value of them ?

Stevenson. Seven of them cost me 23 s. a piece, and three cost 19 s. a piece.

Francis Picksley . I was employ'd by Mr. Stevenson to give an eye to these sheep on the 10th of May last. There came a gentleman to my house in the evening, and told me there were two men looking at these sheep, I went into the field, saw no man, but found the sheep there. The next morning, being the 11th, I went and found the lock of the gate broke, and the sheep were gone.

William Partridge . I am servant to Mr. Hill that deals in sheepskins. I am employed to fetch them in for him, that is, to go round to the butchers with a horse, and carry them to market, where master sells them. On the 19th of May in the morning, about 10 o'clock. I met with the prisoner in Bloomsbury, he order'd me to take up three skins for him, and said to me, take no notice ; he laid them out at the door, I went and took them up, and carried them to my master at Wood's Close Market; they were very stale; I knew them particularly. I deliver'd them to Mr. Hill ; he took one of them in his hand, and said, this is Mr. Stevenson's mark, I had told him where I had them, and of whom. There was a clip down the face, and two clips on the off shoulder ; we observed the other two, they were the same. I took horse, and rode away directly by master's order to Mr. Stevenson, and informed him of it; he came and own'd them after market; we went and took the prisoner up. He first said he bought them in Smithfield, after that he bought them on Snowhill, in an alley, of one Brown, a Hortfordshire man; but he did not know the man. Justice Fielding ask'd him, what he meant by bidding me take no notice ; he said, he meant that his wife should not know of it.

William Hill. On the 11th of May I was at Smithfield, Mr. Stevenson was enquiring about 10 sheep he had lost, and desir'd if I saw any of the skins (as I well knew the clip) I would stop them, after this three skins were brought to me to market by my servant the last evidence, with Mr. Stevenson's clip from the prisoner ; I sent for the prosecutor, he came, and swore to them; we took up the prisoner, and had him before justice Fielding.

Q. Have the butchers all different marks?

Hill. I don't know two butchers that mark alike, if they did the drovers would not know them to take them home.

The rest, as the other witnesses, with this addition, that the prisoner said he gave Brown 16 s. 6 d. a piece, and that he bought a halfpennyworth of red oaker, and redded them in the alley.

Cross Examin'd.

Q. Have you known the prisoner any time?

Hill. I have some years. I knew his father and mother. He was a butcher.

Q. What do you deal in?

Hill. I deal in skins.

Q. Where does his father live?

Hill. He is gone abroad.

Mary Selfer . I am a widow. I used to trust the prisoner to buy goods for me. He bought between him and me 10 sheep, at 16 s. each; I gave him money to go to market; this was in May.

Q. Where do you live?

Mary Selfer . I keep a butcher's shop in Bloomsbury-market. He kill'd the sheep, and sold the skins.

Q. Do you know where he bought the sheep?

Mary Selfer . I know nothing of that, or what he did with the skins.

Q. Did he tell you what any of the skins were sold for ?

Mary Selfer . He said some of them were sold for 2 s. 3 d. a piece.

Q. How long have you employed him?

Mary Selfer . I have employ'd him about two months.

Q. Can you recollect when you gave him the money to buy these 10 sheep, and what follow'd after ?

Mary Selfer . I remember on the 11th of May he call'd at my window about six o'clock in the morning, and said he was going to Smithfield; I got out of my bed, and bid him to make haste, and I'd send him the money. I sent my son to market with four guineas, he came to me a little after nine, and said he had bought 10 fine sheep, at 16 s. apiece, which is 8 l.

Q. Did you see the sheep ?

Mary Selfer . No, I did not to my knowledge. He deliver'd me 5 carcasses.

Prisoner's Defence.

I bought these ten sheep in Cow-lane, at the second turning on the left-hand, going towards Smithfield. Going past the Fleet market, I overtook a man who said his name was Brown, and that he lived at Hertford: there was not a single mark or clip on them. The three skins produced in court, with the clips plain to be seen, and deposed to by the prosecutor.

William Partridge . These are the skins which I took up at the prisoner's door by his directions to carry to Mr. Hill.

For the prisoner.

Robert Churchill . I work for a plaisterer in Abchurch-lane, and have seen the prisoner two or three times before the 11th of May; but on that day I was going up Cow-lane and saw the prisoner talking along with a man about my height, like a farmer, who had a white frock on, driving some sheep, and saw the prisoner put his hand to his right pocket and pull out a purse, with some money, and wished him good luck; but what money he gave I know not.

Q. What time of the day was this?

Churchill. This was about seven o'clock in the morning ?

Q. How many sheep was the man driving?

Churchill. There might be nine, ten, or twelve.

Ann Baker . I have known the prisoner a twelve-month almost; he is a house-keeper and bears a very good character: and I believe he is not a man that would steal sheep.

Henry Miland . The prisoner was my servant from the 4th of May 1751, to the 4th of September following, and he always behaved honest and just, I have trusted him with money to lay out, which he has always done for me very honestly

David Jenkins. I have known the prisoner almost twelve months, and he bears a very good character.

Andrew Boher . I have known him about twelve months, he has a very good character as far as I know: I lodge in his house.

William May . I live within five or six doors of the prisoner, I know no harm of the man, but have no acquaintance nor any dealings with him.

Thomas Young . I have known him upwards of twelve months and have had dealings with him, and he has always behaved like an honest man.

Charles Jenns . I have known him above a year, and have been very intimate with him.

Q. What is his character ?

Jenns. His character is, what he trades for he pays very honestly: I take him to be an honest man, far from a sheep-stealer.

- Carr. I lodged at Mr. Miland's when the prisoner lived there, and all the while he was there I never heard any complaint at all of him.

- Laws. I have known and dealt with the prisoner for a year and better, I live in Great Russel-street, he always dealt fair and honestly with me as any man in England, and I never heard a bad character of him in my life.

- Street. I have known him eighteen years, and really think he is an honest man.

Q. Is there any person here in court, that can give an account, and knows Cow-lane, whether sheep are bought and sold there ?

Henry Brown . I can, my lord.

[He is sworn.]

I buy sheep in Smithfield market almost every market-day, they are generally bought in penns or rails.

Q. Do you know whether it is usual to buy sheep in alleys in Cow-lane ?

Brown. I know Cow-lane, it leads up into Smithfield; it is not usual to buy sheep there, nor I never heard of any being bought there, or any alleys thereabouts. There are always houses appointed by the salesmen to pay the money at.

Acquitted .

301, 302, 303. (M.) Elizabeth Selwood , Mary M'Daniel , and Martha Atkins , spinsters, were indicted for stealing two calimancoe petticoats, val. 20 s. one linnen apron, val. 8 s. one pair of stockings, one linnen handkerchief, one linnen shift, one calimancoe gown, one pair of stays, one cloth cloak, one hat, the goods of Robert Clark , in the dwelling-house of Mary Rian , widow, March 10 . *

Clare Clark . I am wife to Robert Clark , who is a serjeant in general Skelton's regiment , and is abroad : I was in lodgings at Lambeth, but on the 10th of March I had been at the Red Horse in Old Bond street with a gentleman, and in coming home between 10 and 11 at night I lost my way, so asked my way of Elizabeth Selwood , whom I met in the street of Charing cross ; she said I had a long way thither, and as it was late she would shew me a very honest house where I might lie, the other two prisoners came to us, and they perswaded me to go. I went with them, and there went to bed, and one of them, I know not which it was, undressed herself and went to bed with me; she persuaded me to lie without my shift, but when I awaked I had not a rag to put on. I had 10 d. in money, which was gone also. The man of the house awak'd me about twelve or one.

Q What did you lose ?

Clark. I lost two quilted petticoats, a calimancoe gown, a white long lawn apron, two pair of stockings, a muslin handkerchief, a holland shift trimm'd, a pair of stays, a red cloak, and a hat.

Q. Whose house did they take you to?

Clark. They said it was the house of Mrs. Rian, I never was there before.

James Cole . I lodge in the house of Rian, and was in bed with my wife, the people on the same floor where the prosecutrix lay had a mistrust the prisoners were robbing her: they all lodged there at the time : the people heard a rustling in the room, and somebody go down stairs, so call'd out, I got up and went into the room, there lay the prosecutrix as naked as she was born. There was an old pair of shoes standing by the bed, and no other cloaths, the three prisoner were gone. I got up and pursued them, and heard of them at Fleet-ditch by a saloop woman; when I had got into Rosemary-lane I found them all three in a publick-house called the Windmill; they had the gown, the hat, the cloak and stays with them, some in their aprons, and some on. The gown was on Selwood's back, she also had on the apron; M'Daniel had the hat in her apron, but can't say whether Atkins had any thing or not.

Q. What time was this?

Cole. This was between five and six in the morning, on the 11th of March, Moses Booth was along with me, I left him with them while I went for a constable; they got up and went away, he followed them, and on Tower-hill he met with a constable and secured them.

M'Daniel's Defence.

I met with Elizabeth Selwood who asked me to drink part of a pot of beer, and can clear me of the affair. I am an Irishwoman, and have not been in London above three weeks, I don't lodge in that house.

Selwood's Defence.

These two other prisoners are very innocent of the affair, my prosecutrix met me about nine of the clock in St. Giles's, as I was going to Clare-market to buy some steaks for my supper, and asked me the way to Lambeth, and to shew her the way to Charing-cross: I said I could not afford to go for nothing; she said she would give me a pint of beer, and we went into a house in High-street, and had two pints, she desired I'd help her to a lodging, she is a common woman of the town, and agreed that if I would go out a whoring for her, she'd lend me her things, so that we might get some money; and I was to go along with her home to Lambeth. I took her to this house, of which Cole the evidence is landlord under Mary Rian , he keeps a disorderly house, the prosecutrix went to bed and lent me these things, and helped me to put them on my back, and said I should look well in them, and get more money, I went out according to her order, and happened to meet with an old acquaintance from my country, I am a west-country girl, I have known but little what whoring is in my life, and work hard for my bread. My friend was going to Rag-fair for some prize-money and said he'd treat me if I'd go with him, I happened to meet with the two other prisoners, so we went into an alehouse and I desir'd one of them to hold the hat for me.

Atkins's Defence.

I happened to meet with Selwood, and drank part of a pot of beer, and they came and took me.

All three Guilty of Felony only .

[Transportation. See summary.]

304. (M.) Peter Ticknor was indicted for returning from transportation before the expiration of his time . *

[It appeared that the crime for which he was transported was that of going arm'd with Fire-arms and other offensive weapons, in order for landing and running uncustom'd goods which were liable to pay duty, which had not been paid or secured. The Crime committed at Lidd in the county of Kent, the 22d of December, in the 18th Year of his present Majesty's Reign.

That he was tried for the same at the Sessions-House in the Old-Bailey, in December Sessions, 1747, being in the mayoralty of the Right Honourable Sir Robert Ladbroke , Knt.]

[The Record of his Conviction was read in Court. ]

Henry Baldwin . I saw the prisoner tried here in 1747, in December sessions, for riding with fire arms; he was convicted, and I was in court at the same time he was cast for transportation.

Q. What name was he tried by?

Baldwin. By the name of Peter Tickner , I took him upon Black-heath the 20th of February last, Jacob Pring , my partner, was with me at the time.

Q. What are you?

Baldwin. We are custom-house officers.

Jacob Pring . I have known the prisoner this ten years, and was with Mr. Baldwin on the 20th of Feb. when we met with and took the prisoner on Blackheath.

Mr. Anderson. I was an evidence against the prisoner in the year 1747; he was cast, and order'd for transportation for the term of seven years.

The prisoner in his defence said, that he was carried over to America, and taken prisoner going to Jamaica, and carried into St. Domingo in Hispaniola, and detained there two months; after that he was carried to Port-Royal, and pressed on board an English man of war; about two days after there was a cessation of arms, and a merchant-man coming for London and wanting hands, he was put on board her, that he went and lived at Bologne in France, where he got intelligence of a conspiracy by the smugglers to destroy the duke of Richmond's house, and murder him if they could catch him ; that he came over privately to acquaint the duke with it, and after that dar'd not go back again.

Guilty , Death .

305. (L.) Docia Fife , spinster, was indicted for that she on the 26th of May , about the hour of 10 in the night, on the same day, did break and enter into the dwelling house of William Sheldon , and steal one-pair of linnen sheets . ++

William Sheldon . I live in Long-lane near Smithfield , and am a perriwig-maker . Between 9 and 10 o'clock, on the 26th of May, at night, my maid discover'd a door to be broke open, and the sheets to be taken from off the bed; I was busy in my business; I went up and found it so. I went up to the garret door, there I found a large nail fix'd to the lock, and a knife lay under it; I had a suspicion of the prisoner at the bar, she having robb'd me before, and I forgave her. She work'd with my wife at quilting petticoats. but did not live in the house with us. She came to work on the Monday morning as usual. A woman that work'd with us said she believ'd she had seen the nail and knife at a place in Beech-lane, where the prisoner was found when she robbed me before. I went to the place, they were own'd there by the two women; there came the mistress and the two women to our house, we call'd the prisoner from her work, she was tax'd with it, and immediately confess'd it, and told where the sheets were; one was pawn'd in Golden-lane, the other in Spitlefields, both in her name, she went with us, she call'd for them, and they were deliver'd

Q. What is the value of the sheets?

Sheldon. I value them at six shillings.

Jane Pea . I live servant with the prosecutor. I went up stairs to put the child to bed, and found the door up two pair of stairs open, going to make the bed, I missed the sheets, I went down and acquainted my master with it, he came up directly, the prisoner was suspected, she confess'd it ; I went along with my master and her to the two pawnbrokers, she call'd for the sheets, and they were deliver'd to us.

Q. Was the chamber door lock'd before, are you sure?

Jane Pea . I am positive it was; for I had the key in my pocket, and the sheets were upon the bed. There were marks at that door made, with the nail which I found at the garret door.

Prisoner's Defence.

I was in a little distress; the door was open, I went into the room, and sat down by the bed side, and desired the young woman to let me lie with her that night.

Guilty 4 s. 10 d.Acquitted of the burglary .

[Transportation. See summary.]

306. (M) Edward Smith , was indicted for stealing one stone mug, tipp'd with silver, value 10 s. the property of James Button , June 1 . ++

James Button . I live at the Red-lion in Hart-street , a publick house. I lost a stone mug, tipp'd with silver, on Friday last; I had a suspicion of the prisoner, and charg'd him with it, I search'd him, and in his pocket found the silver tip, (Produc'd in court, and depos'd to.) He said he had had a misfortune with the mug to break it, and put the silver in his pocket, I took him before the justice, there he said same.

Q. Did he say any thing about returning the silver again?

Button. No, my lord, he did not.

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

307. (M.) Alexander M'Donald , was indicted for stealing 27 pair of worsted stockings, 5 pair of thread stockings, 10 pair of cotton stockings, 6 silk handkerchiefs, 100 yards of linnen cloath, 11 yards of muslin, and one dimity waistcoat , the goods of William Erwin , May 12 . ++

William Erwin . I live at Hounslow ; the prisoner was my servant to carry for me ; I am a Scotch pedlar . On the 11th of last month I was coming to London, and left some goods at Brentford, I order'd the prisoner to bring some of them to me to the Castle at Hammersmith ; he did not come; he took the goods I had lost there, and others I had left at Hounslow, which were in the room where he lay, and went off. The goods mention'd in the indictment were the goods he took from the 2 places, (mention'd them over.) He and the goods being missing, I advertised him, and them he was taken with the goods upon him at Morpesh ; I sent the warrant after him, he was brought up to London, and the goods too ; I have got them all. (Produc'd in court, and depos'd to) I took the prisoner before my Lord-Mayor, he confess'd taking the goods; the waistcoat was found on his back.

The prisoner had nothing to say for himself.

Guilty .

[Transportation. See summary.]

308 (M) Robert Davis was indicted for not surrendering himself according to the king's order in council . *

Charles Chaworth. I am clerk to Mr. Symonds, sollicitor for the customs ; I was at Mr. John Oxenford's, on the 22d of June, 1748, (he is justice of peace for the liberty of the Tower) there was Samuel Collington there, whom I saw give information before the justice, and saw the justice sign and seal it.

Q. Look at this information, do you know it?

Chaworth. I do, here is my hand-writing, (that is my name as a witness ) I saw Samuel Collington write this his name, and the name Oxenford I believe the justice wrote.

It is read, the purport as follows:

That it is the information of Samuel Collington , against divers persons, among whom is Robert Davis of Oxenford Green, carpenter, taken upon oath the 22d of June, 1748.

That Samuel Fox , Jacob Carter , Benjamin Watts otherwise Rott, Robert Davis , and others to the number of forty persons and upwards on the 8th of October, 1746, being armed with fire arms, and other offensive weapons, were assembled at Benacre, in the county of Suff, in order to be aiding and assisting in landing and running uncustomed goods, and goods liable to pay duty, which had not been paid or secured, that they did run out of a cutter wine brandy and tea, which they loaded upon their horses and in waggons, and lodged them at the house of William Denne Fox .

Chaworth. I took this information from the justice, and delivered it the same day to Mr Richardson, office-keeper in one of the duke of Bedford's offices, who was then one of his majesty's principal secretaries of state. Mr. Oxenford subscribed this certificate also.

It is read to this purport:

Pursuant to an Act of Parliament, intitled, An Act for the farther punishment of persons concerned in the landing and carrying away uncustom'd goods, &c. I do hereby commend this Information under my hand and seal, and return it to his grace the duke of Bedford, one of his majesty's principal secretaries of state, which was taken upon Oath before me, June 22,

John Oxenford .

Mr. Sharp. I am clerk to his majesty's privy-council

(He is shewn an information and certificate.)

This information and certificate was laid before the then lords justices, (the King being then absent) in the King's privy council by the Duke of Bedford, who was at that time one of his majesty's principal secretaries of state: And at that time I received the lords justices order to give orders requiring all the persons named in this information to surrender themselves in forty days after the publication thereof, which order I sent, I believe, the very same day to the printer of the King's gazette, to have it published in the two next succeeding gazettes. Pursuant also to the direction I sent an order to Mr. Lamb Bury, the then high sheriff of the county of Suffolk, that he might cause the order to be proclaim'd, in the manner the law required.

The Order of Council read to this purport:

At the Council Chamber, Whitehall, June 23, 1748, Present their Excellencies the Lords Justices, &c.

'' Whereas Samuel Fox , Jacob Carter , Benj. '' Watts otherwise Ratton, Richard Richards , and '' Robert Davis, of Coleford Green, were on the '' 22d of this instant June, charg'd by information '' of a credible person upon oath before John '' Oxenford, Esq ; with having been guilty on the '' 8th of October, 1746, of being assembled together '' with divers other persons, being armed '' with fire-arms and other offensive weapons, at '' Benacre, in the county of Suffolk, in order to be '' aiding and assisting in the landing and running '' uncustom'd goods, &c. which was afterwards '' certified before us in his majesty's absence, by '' John Oxenford , Esq; and laid before their excellencies '' the lords justices. Pursuant to the Act '' of Parliament the lords justices do, by the advice '' of his majesty's privy council, require and '' command that each of them do surrender within '' the space of forty days, after the date hereof, '' to the lord chief justice of his majesty's '' court of King's Bench, or any other of his majesty's '' justices of the peace, &c.''

Mr. Owen. I am printer of the gazette.

He produced the Order be received from Mr. Sharp.

This I printed in the two next gazette's, which was from Tuesday the 21st, to Saturday 25, and from Saturday the 25th to Tuesday the 28th.

The printed order read in court, and compared with the written one.

Richard Crowfoot . I was under sheriff for the county of Suffolk,

He is shewn a letter.

I believe this letter is the hand-writing of Mr. Bury, the then high sheriff for the county of

Sharp. This letter I received by the post, the 28th of June, from Mr. Lamb Bury, high sheriff, giving me an account that he did lawfully observe the order he received it in me.

John Mr . Crowfoot being absent at the time in the year 1748, June 29. I voluntarily his place as under sheriff; on the day mentioned received a letter from Mr. Bury, with the order of council; he desired I would order copies of it to be made, which I did two by Robert Swetman , and examin'd them either the evening of that day, or the next morning.

Robert Swetman . I receiv'd this order, which I proclaim'd, (they are all originals under seal from the council) from Mr. Ingham, and made two copies of it, which I examin'd on Thursday the 30th of June, 1748, and went to Southwold in Suffolk that day, it being market-day, and read over the order very loud, between the hours of twelve and one at the market-cross, after which I fixed up a true copy of it on the market-place, the most notorious place in the town; and on Saturday the 2d of July f ollowing, I went to Beccles, another market-town in the county of Suffolk, being the market-day there, I read over the same order again, betwixt the hours of twelve and one, at the market-cross, and fix'd up a true copy there.

Q. Are these the two nearest market towns to Benacre, in that county?

Swetman. They are reputed so to be, and I believe they are the nearest.

Q. How far is Beccles from Benacre ?

Swetman. I believe it is about four or five miles.

Samuel Collington . I am the person that made the information before justice Oxenford, the prisoner is the person meant in that information, his name is Robert Davis , and he did live at Coleford Green.

Q. What is his trade?

Collington. I have heard say that he is a carpenter ?

Q. Did you ever hear any other name he went by besides Robert Davis ?

Collington. No, I never did.

Prisoner's Defence.

My name is not Davis.

For the prisoner.

Jacob Bonice . I live at Aldbrough, in Suffolk, three miles from Coleford Green. I have known the prisoner between twelve and fifteen years, his name is Robert Davie , and I never heard him called by any other name; he is a farmer, I never heard him call'd by that of a carpenter, nor don't know that he was ever employ'd as a carpenter : he has a son about eighteen years of age a carpenter. The prisoner liv'd in a place of his own.

Q. How many acres of land ?

Bonice. I can't justly say.

Q. Is there five acres of it?

Bonice. There are and above.

Q. Is there ten acres?

Bonice. I don't know.

Q. Did he keep any horses?

Bonice. I fancy he kept two.

Q. How do you spell his name?

Bonice. I have not learning enough for that, I can't spell.

Q. to Collington. Do you know any thing of the prisoner's son a carpenter?

Collington. I know nothing of a son, I made information against the prisoner.

William Gray . I have known the prisoner ten years, his name is Robert Davie , and I never heard him called by the name of Davis in my life.

Q. Where did the prisoner live in the year 1748?

Gray. He liv'd at a place call'd Elbury, joining close to Coleford Green.

Matthew Thorp . I have known the prisoner at the bar about ten or twelve years, his name is Robert Davie .

- Osbourne. I have known the prisoner about fourteen or fifteen years, his name is Robert Davie , and I never heard him called by any other name.

Q. Upon your oath, if any in the neighbourhood had asked for Robert Davis , should you not have taken the prisoner to be the person intended?

Osbourne. No, I should have said I knew no such man.

John Lilley. I have known the prisoner about twenty-eight years, and his name is Robert Davie.

Mr. Ingham again. When the prisoner was a lad he lived servant with me a year, I hired him by the name of Davie, his mother I knew long before, I never heard any other name of him in the country, and if any body had come to me, and asked for Robert Davis , I should not have thought of the prisoner.

Q. When you proclaim'd it did you think the prisoner was the person intended?

Ingham. I did imagine by the place of abode he was the person.

The jury found the issues for the king .

Death .

309. (M.) Thomas Collingham , the younger, of Houlton, near Holsworth, Suffolk , was indicted for not surrendering himself according to the king's order in council . +

Samuel Kellet , Esq; I am one of his majesty's justices of the peace for the county of Suffolk.

(He produc'd the information of John Leader , taken upon oath February 15, 1747.)

This is my hand and seal upon it; I transmitted it by post to his grace the duke of Newcastle.

It is read in court.

The purport of it was against Thomas Collingham the elder, of Houlton near Holsworth, and Thomas Collingham the younger, John Carbald , otherwise Giffling Jack, John Carbald otherwise Cockeye, Thomas Catchpool , John Pawling , and others, to the number of 30, and upwards, on the coast of Suffolk, on Feb - were assembled at Benacre, in the county of Suffolk, with fire-arms, and other offensive weapons, in order to the landing and running uncustomed goods; and that he did run about 30 hundred weight of tea, and a large quantity of brandy and wine.

The certificate was read to this purport:

I Samuel Kellet, one of his majesty's justices of the peace for the county of Suffolk, do hereby command, under my hand and seal, this information of John Leader , taken upon oath before me, and return'd it to his grace the duke of Newcastle, one of his majesty's principal secretaries of state, against Thomas Collingham , and the several persons therein mention'd, &c.

Mr. Sharp The duke of Newcastle laid this information of John Leader before privy council, on the 22d of March, 1747. I receiv'd directions to issue out an order of council, requiring all the persons nam'd in the inform to surrender themselves within 40 days after the publication of it, to the chief justice of the king's bench, or some other of his majesty's justices of the peace. This order was issued ; I sent one to the printer cl the Gazette, to be printed the two next succeeding Gazettes; and likewise I sent another order to Mr. Lamb Bury, the high-sheriff of the county of Suffolk.

Mr. Owen. I am the printer of the Gazette. This is an order of council I receiv'd of Mr. Sharp,

(Holding one in his hand.)

Q. to Mr. Sharp. Look at the order.

Mr. Sharp. This is the same order of council that was made in consequence of that information mention'd.

Mr. Owen. I publish'd it in the two succeeding Gazettes I receiv'd it the Gazette-day, of the 22d of March, 1747, and it was put in that day, and the next Gazette day after.

(The Gazettes read, and compar'd with the written order)

Mr. Sharp. I transmitted one also by a messenger, Mr. Parker, in order to be proclaim'd.

Thomas Parker . I receiv'd a packet from Mr. Sharp directed to Mr. Lamb Bury, the high-sheriff of Suffolk. I carried it to his house, and deliver'd it to him the 25th of March 1748, in the same condition I receiv'd it.

Mr. Crowfoot. I was under-sheriff for the county of Suffolk in the year 1748.

(He produces the order of council.)

Mr. Bury sent his servant with this to me. I directed my clerk Robert Swetman to make two copies, which he did, I examined them with him, they were exactly true.

Robert Swetman . I was clerk to Mr. Crowfoot. I examin'd the orders, and found them true on Saturday the 26th of March 1748. I went to Beccles in Suffolk, being market-day, and between the hours of 12 and 1, I proclaim'd the order there, and fix'd a copy of it upon the cross; and on the Thursday following I went to Southwould, and betwixt the hours of 10 and 11, I proclaim'd it there, and fix'd a copy of it up there in the market place; these two towns are in the county of Suffolk.

Benjamin Branston . I have known the prisoner about 10 years; his name is Thomas Collingham , call'd the younger, of Houlton near Holsworth, Suffolk ; I apprehended the old man and this too.

Q. Was this of any trade?

Branston. I never knew he was of any,

Q. Were there any other Thomas Collingham in that place ?

Branston. I never knew any but the father and son.

Q. How long have you known that place?

Branston. I have known it 30 years.

Thomas Knight . I know the prisoner; there are no more of the name than father and son in that country. I had some conversation with him before he was taken ; he and two more came to me, they said there were determin'd to leave the practice they were in; they desir'd me to speak to a gentleman to know if there were any farms to be had in Scotland, they wanted to go there, and settle in the farming way, and leave off smuggling.

Q. How long is this ago, it is about 2 years ago, they said they intended not to stay here; for, if they were taken, it would he had for them.

Prisoner's Defence.

There is another Thomas Collingham , four years younger than I, my own cousin; I did not know whether it meant him or I. He lives in the same parish I did.

For the Prisoner.

Sarah Gardner . I liv'd with the prisoner's father the same time he was sworn against. There were three Collingham's in the parish of Houlton all farmers ; the father of the prisoner, and his cousin.

Q. How old is that cousin?

Sarah Gardner . He is about 22 years of age; he was servant to Mr. Brown.

Q. Where does his father live?

Sarah Gardner . He is dead.

Q. How far is Brown's house from where the prisoner liv'd?

Sarah Gardner . It is about a mile distance.

Q. When people talk'd about your master and the prisoner, how did they name them to distinguish them?

Sarah Gardner . They call'd my master old Thomas Collingham , and the prisoner young Tom Collingham .

Mary Bulling . I liv'd at Houlton almost 11 years; there were three Thomas Collingham 's.

Q. Are you any relation to the prisoner ?

Mary Bulling . I am own sister to him.

Q. How old was the other Thomas Collingham the cousin, in the year 1747.

Mary Bulling . He was about 15 years.

The jury found the issues for the king .

Death .

310. (L.) James Mordox , was indicted for wilful and corrupt perjury .

Acquitted .

311. (L.) Edmund Crowder , was indicted for wilful and corrupt perjury .

Acquitted .

Thomas Morris , Thomas Jones , and George Robertson , convicted last sessions, were executed on Monday the 28th of May.

Nicholas Lawrance died in Newgate before the day of execution.

John Fish , Charles Neal , and Daniel Tagg , respited .

Patrick Nugent , capitally convicted in January sessions, receiv'd his majesty's pardon, on condition of being transported for 14 years.

William Lee , capitally convicted in December sessions, on condition of being transported seven years.

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

Received sentence of death, 7.

William Corbee , Robert Davis , Thomas Cullingham , Ann Ellis , John Ayliff , Peter Tickner , and Simon Smith .

Transported for 14 years, 1.

Esther Onyon .

Transported for 7 years, 20.

Thomas Onyon , William Newman , John Cornhill , Docia Fife , William Middleton , Andrew Johnson , Jane Brook , Charles Rex , Robert Birt , Mary Perkins , John Freeman , John Cook , Josiah Barnes , Mary M'Daniel , Elizabeth Sellwood , Martha Atkins , Edward Smith , Alexander M'Donald , John Underwood , and John Holloway .

Branded, 2.

Ann Cypherroot and John Stokes

ADVERTISEMENT.

This Day is publish'd, Price 2 s. 6 d. sewed.

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-Six Characters, and are placed in one View.

By THOMAS GURNEY , Writer of these Proceedings.

Printed for the Author, and sold by Mr. Hodges, London-Bridge; Mr. Clark, under the Royal-Exchange; Mr. Keith, Gracechurch street; Mr. Reeve, Fleet-Street; Mr. Buckland and Mrs. Cooper, Pater-Noster-Row; Mr. Owen, Temple-Bar ; and Mr. Robinson, near Dock-Head, Surrey.

Where may be had Brachygraphy, or Short-Hand Made Easy, the Second Edition, Price bound 8 s.

The purchaser will find at the end of the book where to apply to the author for instructions, without any farther expence, if any difficulty should arise.