Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 April 2014), September 1753 (17530906).

Old Bailey Proceedings, 6th September 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 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of September,

In the 27th Year of His MAJESTY's Reign, BEING THE Seventh SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VII.

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 Right Hon. the Lord Chief Justice WILLES, *, WILLIAM MORETON , Esq; ++, Recorder, and other 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.

Robert Groom ,

John Trimmer ,

Joseph Tenniswood ,

Richard Graham ,

John Allen ,

Henry Bland ,

William Remnant ,

William Champion ,

Barnard Townsend ,

Bartholomew Pain ,

John Merry ,

Samuel Watlington .

Middlesex Jury.

Ralph Marsh ,

William Hawkins ,

Daniel Weedon ,

Henry Hewitt , *

* John Clark was sworn in part of the time, in the room of Henry Hewitt.

Thomas Nicoll , jun.

Joseph Finch ,

Isaac Memelin ,

Henry Bristow ,

Thomas Walter ,

John Briant ,

John Haley ,

Thomas Lightwood .

372. (L.) John Gumbleton , was indicted for stealing one linnen handkerchief, val. 2 s. the goods of Richard Salvay , Esq; privately from his person . ++.

Richard Salvay . About 11 at night, as I was going home by the watch-house in Leadenhall-street, I heard somebody behind me say, You dog, what do you want to follow that gentleman; you mean no good. I turn'd about, and saw John Grant had hold on the prisoner by the arm; the prisoner was standing in a posture up against the wall, as though he was making water. Mr. Grant told me, he had observed him to follow me up some part of Gracechurch-street , and by what he observ'd he thought he intended to pick my pocket. I put my hand into my pocket, and missed my handkerchief, I charg'd the boy with it, who said, he had not got it. We were then a little from the place where Mr. Grant had first hold on him against the wall, to which place we went, and there lay my handkerchief on the ground where he stood, (produc'd in court and depos'd to) so we took him before Sir Henry Marshall , who committed him.

Q. Did he confess any thing?

Salvay. He said there was some other little boy there, who might drop it and run away, and excused himself in that sort.

Q. What is the value of the handkerchief?

Salvay. Two shillings, it cost 4 s. 6 d. and has not been used much.

Q. Had you observed the prisoner to follow you?

Salvay. No, my lord, I had not.

John Grant did not appear when call'd.

Salvay. He intended to be here, but he can say no more; he told me, he did not see the prisoner pick my pocket.

Prisoner's Defence.

I was walking home along the street, and Mr. Grant came and laid hold on my arm, and said, I had some design to pick that gentleman's pocket, but I had no such design.

Acq .

373. (M.) Catherine Blackburne , widow , was indicted for stealing three linnen sheets, val. 3 s. one linnen pillowbier, val. 6 d. the goods of Dennis Redman , Aug. 21 . ++

Dennis Redman . I live in Shoreditch, and keep the spotted horse, a publick-house . On the 21st of August the prisoner was brought back to my house with three linnen sheets and a pillowbier in her apron (produced in court and depos'd to). I don't know that I had ever seen the prisoner, so can give no farther account.

Thomas Hughes . I was writing a letter at a table in the prosecutor's house, the prisoner at the bar came and look'd over me, then she sat down in a chair, and I kept writing; she took up a bundle of things that lay on the table.

Q. Did you know the prisoner?

Hughes. I never saw her before to my knowledge, I ask'd her whether the things belong'd to her, or Mr. Redman. She said they belong'd to her, and went out with them; but soon after finding they belong'd to Mr. Redman, I went out to enquire for her, and found where she liv'd; she was coming out of her house with the things in a bundle as before in her apron. I took her back to the prosecutor's house, and she had the things in her apron all the time. The prosecutor own'd the things, and she was taken before the justice and committed.

Hannah Robins . I wash'd these three sheets and pillowbier for Mrs. Redman; they were laid on that table, and I was going to iron them, so missed them. The last evidence went and brought her back with them, I know them to be Mr. Redman's property.

Prisoner's Defence.

I had been at my work of carding and spinning of wool, a woman came up stairs to me and said she could get no work; she said, she had left an apron with some things in it, at this man's house in Shoreditch, she brought me to the Magpye, where we had a quartern of gin: then we went to the prosecutor's house, where she said she had left her bed gown and a cotton gown, and we had four pots of beer: then she went backwards, and came to me and swore they lay there, and bid me take them and go with her, which I did; she is now gone into Kent a hopping. Guilty .

[Transportation. See summary.]

374. (M.) Thomas Durham was indicted for stealing one cloth coat, val. 2 s the property of Joseph Powel , July 7 . ++ Guilty .

[Transportation. See summary.]

375. (M.) Frances Bruel was indicted for stealing one silver table spoon, val. 5 s. the property of Richard Haynes , Aug. 25 . ++

Jane Germain . I live servant with Mr. Haynes at Tom's Coffee-house, Great-Russel-Street, Covent-Garden ; on the 25th of August, between four and five in the afternoon, I look'd out at the kitchen door, and saw the prisoner in the yard, who begg'd for some broken victuals; in about an hour afterwards I missed a silver table spoon from out of the wash-house, but did not see the prisoner in the wash-house. I went to see after the prisoner, who was not to be found; on the 29th I found it advertised, and went to the pawnbroker who had stopp'd it, and found it to be my master's spoon which we missed.

William Humphrys . The prisoner the bar brought this spoon to sell on the 25th of August ; she said she found it in Long-Acre. ( Produc'd in court, broke in two pieces, and depos'd to by Jane Germain , as the property of her master Mr. Haynes ) I stopp'd and advertis'd it, and the other evidence came and own'd it as her master's; the prisoner was not stopp'd; after that she came again, I told her I had deliver'd it to Mr. Haynes's servant, she went there to demand the spoon, so she cur'd.

Prisoner's Defence.

I found the spoon facing Cross-Lane in Long-Acre. I did not know whether it was silver or not, I went to a shop and the man told me it was silver; then I went to this man who stopp'd it, and I went to him again to know if any body own'd it, two or three times; at last he told me he had found the owner, and directed me to the house; so I went there thinking to have some reward for it.

Q. to J. Germain. Was the spoon whole when it was in the wash-house.

Germain. It was. Guilty .

[Transportation. See summary.]

376. (M.) James Henasey was indicted for stealing one peruke, val. 12 s. the property of Mortley Robertson , Aug. 27 . ++ Acq .

377. (M.) Frances Pigsworth , spinster , was indicted for stealing two ounces and a quarter weight of silk, val. 4 s. the goods of Thomas Newsham , July 30 , ++ Acq .

378. (M.) Diana, wife of Thomas Lewis , was indicted for stealing one Portugal piece of gold val. 27 s. one guinea, one half guinea, and thirty shillings in money number'd , the property of Mary Sweet , widow , Aug 20 . *

Mary Sweet. I live a little below Ratcliff-Cross , and keep a chandler's-shop ; on the 20th of Aug. last, I saw the prisoner at the bar run out of my shop, about 11 o'clock in the day; she had been at my shop about eight or nine in the morning, she was a customer of mine, so I ran after her to the door to know what she wanted, but did not see her, she lives hard by me. I turned in again and missed my drawer, with a 27 s. piece, a guinea, half guinea, and upwards of 30 s. in it, on which I ran to the prisoner's house, and afterwards to an acquaintance of her's, but could not find her: then I returned and found her at her own house. I asked her what she wanted at my house; she said she had not been at my house since breakfast time. I said I would swear she was, and that I had lost my drawer and such pieces of money. I took her up on the Thursday following, she would not confess any thing.

Margaret Welch . I live within two doors of the prisoner, on the 20th of August I saw her come out of the prosecutrix's house, and after that I saw the prosecutrix run after her. The prisoner had got her apron up, and one hand upon it, as if something in it.

Samuel Goldson . I live within five doors of Mrs. Sweet, I stood at my door, and saw the prisoner come out of the prosecutrix's door, I saw nothing upon her; before the justice the prisoner wanted her husband to give a note for the payment of the money.

Q. Did she confess taking it?

Goldson. No, she did not.

The prisoner had nothing to say.

Acq .

379.(L.) Ann Norris , spinster , was indicted for stealing two pair of linnen sheets, val. 2 s. one blanket, one pair of brass candlesticks, the goods of Thomas Rider , in a certain lodging room let by contract, &c . ++ Acq .

380. (M) Ann Brown , spinster , was indicted for stealing one linnen quilt, val. 10 s. one silver tea spoon, val. 1 s. the goods of William Parry , in a certain lodging room let by contract, &c . Aug. 14 . ++ Acq .

381. (L.) Ann Humphreys , widow , was indicted for stealing one cloth quilt, val. 2 s. one blanket, val. 1 s. one pair of linnen sheets, val. 2 s. one bolster, val. 2 s. one pillow, val. 1 s. one looking glass, val. 1 s. the goods of John Glade , the same being in a certain-lodging room let by contract, &c . Aug. 15 . *

John Glade. I live in Oxford Road , the prisoner lodged with me in ready furnished lodgings at 1 s. 6 d. per week; about the 15th of August she had a clean pair of sheets, and my wife asked her for the foul ones, which were not to be produced; I then went and got a gimblet, and bored a hole in the wainscot, thro' which we saw the quilt was gone, and afterwards we missed the pillow, sheets and looking glass. She was taken up and had before the justice, there she confessed where the goods were, and I went along with her and found them at two pawnbrokers.

The prisoner had nothing to say for herself.

Guilty .

[Transportation. See summary.]

382, 383. (M.) John Price and Ann his wife , otherwise Ann Watkins , spinster , were indicted for stealing two worsted curtains, val. 3s. one pair of linnen sheets, val. 3 s. two pillowbiers, value 3 d. one blanket, val. 1 s. one pair of window curtains, val. 1 s. one teaster cloth, val. 1 s. one head cloth and one vallens, the goods of Richard Eaton , the same being in a certain lodging room let by contract, &c . July 6 . * John Price Guilty , Ann Acquitted .

They were a second time indicted for stealing two linseywoolsey bed curtains, val. 4 s. two linnen sheets, val. 4 s. two blankets, val. 2 s. two pillow-biers, val. 6 d. the goods of Jacob Lewin , the same being in a certain lodging room let by contract, &c . July 9 . * John Guilty , Ann Acquitted .

[Transportation. See summary.]

384. (L.) John Homer , was indicted for stealing one copper tea kettle, val. 5 s. the property of Esther Stevens , widow , Aug. 30 . ++

Esther Stevens . On Thursday last I lost a copper tea-kettle from off my chimney-piece in the kitchen.

Q. When had you seen it last?

Stevens. I am sure it was there the night before, I know nothing of the taking it; but on the morning of the 30th, the prisoner and the tea-kettle were brought into my house, where he own'd that he and two other lads took it, and that he and one of them went into my kitchen and took it to sell for money to buy victuals.

Richard Davis . I met the prisoner just by Halbourn bridge, and suspecting he did not come honestly by the tea-kettle he had got, so I took him and it, and by enquiring found out the prosecutrix's house, and delivered the tea-kettle to Mrs. Stevens, I had seen the prisoner and two other boys idling about some time in the street.

Q. to Mrs. Stevens. Is this the same tea-kettle which that evidence delivered to you?

Stevens. It is, my lord.

The prisoner had nothing to say in his defence.

Guilty 10 d .

[Transportation. See summary.]

386, 387. (L.) Elizabeth Porter and Elizabeth Lacy , spinsters , were indicted for stealing one silver table spoon, value 5 s. the property of William Lacy , July 23 . ++

William Lacy . I live in Cable-street near Well-close-Square ; Mr. Lloyd, a silver-smith, came to me, and asked me if I had lost a silver spoon, my wife then missed one, so I went to his house, where he shewed me the bowl of a spoon, which I said I could not swear to ; then he sent for a handle from another person, who came and brought it: it was my property, and it fitted to the bowl where it was broke off, so that I can swear to the whole. Produced in court.

The Silversmith not appearing to give evidence how they came by the spoon, the prisoners were both aquitted .

388. (L) James Jackson , was indicted for stealing one silk handkerchief, val. 6 d. the property of Thomas Newhouse , Sept. 4 . ++

Thomas Newhouse . On Tuesday last, I was in Smithfield , being Bartholomew fair; I was stopped in a croud, and I thought I felt something in my pocket, I put down my hand side-ways and found the prisoner's hand in my pocket, and pulled it out.

Q. Was your coat open, or buttoned?

Newhouse. It was open, I felt and found I had lost two handkerchiefs; I searched the prisoner and found one of my handkerchiefs on the ground just by him. I took him the back way into the George yard to ask him where my other handkerchief was; in leading him out of the yard he took out a handkerchief from out of his breeches, and part of an another hung out, but they were neither of them mine.

Q. Did he confess any thing?

Newhouse. He desired us to forgive him, but did not confess any thing.

Q. When had you your handkerchief last before you missed it?

Newhouse. I had it in my hand about 4 minutes before.

Richard Newhouse . I was in company with my brother in Smithfield, on Tuesday night; between 6 and 7 o'clock going by the George inn we were crouded, my brother made a stop, he had got the prisoner by the arm; and said he had had his pocket picked of his handkerchief; he took the prisoner up the George yard, bringing him out again, I saw the prisoner draw out a handkerchief from his breeches, and another hung out.

Q. Did you see your brother's handkerchief fall to the ground?

Newhouse. No, I did not, but I saw it lying on the ground by the prisoner's left foot.

James Usherwood . I was standing just by the prosecutor at the time his pocket was picked, as soon as he said his pocket was picked, I saw the handkerchief fall, and I believe from the prisoner's hand, it fell just by his foot. The prisoner desired we'd let him go.

Prisoner's Defence.

I was going through the fair, and pushing through the mob, a gentleman said he had lost his handkerchief, the handkerchief was dropped just by me, he took me and carried me up the George yard, and throwed me into a pond, I had not a dry thread about me; then after that charged a constable with me.

Acquitted .

389 (L.) Joseph Lindal , was indicted for stealing a handkerchief, val. 4 s. the property of Aaron Declevea , July 30 . *

No prosecutor appeared. Acquitted .

390. (M). Thomas Nichols , was indicted for stealing one mettle snuff-box, val. 1 s. 6 d. one silver mouth piece, val. 1 s. 6 d. the goods of Francis Lewis , June 3 . * Guilty 3 d .

[Whipping. See summary.]

391. (M). Elizabeth wife of John Reyner , was indicted for stealing one willow basket, val. 6 d. one peck and half of French beans, val. 2 s. the goods of Mary Griffith , Aug. 18 . * Guilty 10 d .

[Whipping. See summary.]

392. (M.) Thomas Brooks , was indicted for stealing one silver punch ladle, val. 9 s. the property of William Harper , Sept. 2 ++.

William Harper . I keep a publick house in the parish of Kensington : last Sunday we miss'd a silver punch ladle.

Q. When had you seen it last?

Harper. I had not seen it for a week before: the socket of the ladle, was found upon the prisoner by Ratcliff Littler , and deliver'd to me. He was taken before justice Fielding, and there he own'd he took it out of my house in a drunken frolick in my hearing.

Ratcliff Littler. I am a comrade in the same regiment with the prisoner. On the 3d of Sept. I and the prisoner were together; he said his master had lost a punch ladle, and said he talk'd of going to the cunning man, and he suspects me: I said if he goes to the cunning devil, I'll go with him. We went to drink, he pull'd out some money, and with it the socket of this ladle; I kept that, and took him before justice Fielding, and then went for his landlord, (he looks at it, and says this is the bit I took from him.) He own'd he sold the other part for 9 s. and that he took it out of his landlord's cupboard.

The prisoner had nothing to say for himself.

Guilty .

[Transportation. See summary.]

393. (M.) Hannah Wilson , widow , was indicted for that she on the king's highway, on Elizabeth Tottey , spinster , did make an assault, putting her in corporal fear and danger of her life, one camblet skirt of a coat, val. 12 d. and 3 qrs. of a yard of ribbon, val. 6 d. the goods of the said Elizabeth, did steal , &c. August 21 . ++.

Elizabeth Southen . I live in Whitechapel road, my husband is a shoemaker. I saw the prisoner go by without a child, and after that I saw her with a child crying very much; she was telling the child she had brought her up to good manners, and she said she should use such; then she call'd to some soldiers to take her. This was at the great garden gate; the child cry'd in the road. Then I went home after that. I saw her again and observ'd her; this was about half an hour after nine in the morning; the child was sitting her crying, I said, child, do you know that woman? the child said no: I said where do you live? she said at a baker's shop: I asked the child if she'd go with me, a woman coming by said it was Mrs. Tottey's child. I took it by the hand, then the child cry'd for its skirt, saying, O! my skirt, my skirt; then I took it from under the prisoner's arm.

Q. What is the child's name?

E. Southen. Elizabeth Tottey : I took her to her mother, there was no ribbon on her head; then her mother said there was one on her head when she went out.

Mary Hall . I live in the Dog-Row, Bethlem-Green ; that day I saw the prisoner whipping the child and take a ribbon off her head, and put it down her own bosom. She took her cap off and rowl'd it up in her hand, and put it on again. The child had no skirt on. I asked the prisoner what she whipped the child for, she said she might do what she pleased with her own; I said it is none of your child, it is a neighbour's child, (but I could not think of the name then,) but I knew it before, this is the same child that is here.

Mary Tottey . This is my child, it was in coats, about 4 years old : I live in Whitechapel, next door to the Children-in-the-wood, between the church and the turnpike. On the 21st of August, the neighbours came and told me my child was stripp'd between 9 and 10 o'clock in the morning. I went and took my child from Mrs. Southen.

Q. How was your child dressed that morning.

M. Tottey. She had that skirt on, and a ribbon of about 3 qrs. of a yard on her head. I dressed her myself that morning; but when she was brought back she had neither the skirt nor the ribbon on. I had sent this and another to school together that morning.

Prisoner's Defence.

As I was coming by the almshouses, I pick'd up that skirt in the street; coming along I met that woman, she said whose skirt it that, I said I did not know; she said here is a child has no skirt on, and I'll hang you for the reward. I never saw the child.

Guilty , Death .

394. (M). Michael Reed , was indicted for stealing 3 pounds weight of brass. val. 2 s. twelve ounces weight of copper, val. 9 d. the goods of Robert Scoting , Aug. 29 . ++ Guilty .

[Transportation. See summary.]

395. (L) Thomas Chapman , was indicted for stealing 2 guineas, and an 18 s piece, the money of Samuel Mullings , in the dwelling house of Edward Thorn , July 19 . *.

Samuel Mullings . I live in Watling-Street , am journeyman to Edward Thorn , a vellum binder . I had 2 guineas and an 18 s. piece, in a snuff-box, in a drawer under my trunk in a room at my master's where I lie. The prisoner worked in the same room. I missed the money mention'd, July 27.

Q. When had you seen it last?

Mullings. I can't be certain as to that. I suspected the prisoner. I took him up, he confessed he took it that same night to me and others; and said he spent the 18 s piece, but throwed the 2 guineas in the box into a pond at Islington, saying his conscience pricked him.

Samuel Ford . I am fellow-servant with the prosecutor. He confirm'd that of the confession.

Prisoner's Defence.

What they have said is false.

Guilty 39 s .

[Transportation. See summary.]

396. (M.) , was indicted for that he, on John Whitefield , clerk ; did make an assault, putting him in corporal fear and danger of his life, one silver watch, val. 4 l. the goods of John Cutley , clerk ; and 40 s. in money numbered, the monies of John Whitefield , did steal, take &c . May 24 . ++

John Whitefield . On the 23d of May last, about eleven at night, I got into the Blandford stage-coach, and proceeded up Holborn, and through Hide-Park turnpike; when we had got a little beyond Knights-bridge , the coach stopt: I heard some words, but am not sure what; there were two in the coach beside myself: I then heard words a second time, like these words, why don't the coach stop. I looked out, and said what is the matter, (I thought I saw two horsemen on the right hand wheel, but could not discern any face of any sort.) Upon my saying these words, one advanced, and said, Money, Sir! I took out what money I had in silver and gold, to the value of 40 s. and threw it into the hat of the man that held it; while I was doing this, I heard a ratling on the other side of the coach, and the gentleman that sat on the other side, said, I will let it down, meaning the coach window: the next words I heard, was watches too ; I had a silver watch, which I threw into the hat of the same person that had my money; I cannot take upon me to say these were the men.

James Horniblow . On the 23d of last May, I and the prisoner, went from James Southerlands. the sign of the Two Browers, the bottom of Little Soffron-hill ; about ten o'clock at night, we took from his house two briddles and saddles, then we went into a ground at Black-Mary's-Hole, and took two horses, then we bridled and saddled them, and rode out to Hide-Park-Corner, after we had rode backwards and forwards some time, waiting for it, it came up about eleven or twelve o'clock, it was the Blandford stage with 4 horses; we past it, then we went back, and the prisoner called out to the coachman to stop, he stopt, and I went to the left hand side of the coach, and he on the right hand side; then I demanded the prosecutor's money, and he gave me a guinea in gold, and 11 s. 6 d. in silver, he threw it into my hat; then I asked for his watch, he threw that into my hat. While I was taking this money, the prisoner was on the other side of the coach, and the window not being down he struck at it either with the butt end of his pistol or his whip, and demanded them to let it down. He kept what he got, and I kept mine.

Q. What became of the watch?

Horniblow. It was left at one Rowland's on the Wednesday. and he kept it till Saturday.

Q. What did you leave it with him for?

Horniblow. To sell it. He could not sell it, so I went and fetch'd it from him; then we discovered the thing to Rowland at the Two Brewers, and told him we had such a thing to put off, (for he had told us before, that he could put off such a thing and nobody be ne'er the wiser.) We gave it Southerland and he pawned it with one Mr. Nicolls for a guinea and half; but he gave us but 30 s. he put the 30 s. down upon the table, and we took it up between us, but I don't know which had most.

James Southerland . I keep the Two Brewers. I know Horniblow, and the prisoner at the bar, he was my brewer's servant; they brought a silver watch to my house and desired me to go to Mr. Nicolls's and pawn it.

Q. Were they both together?

Southerland. They were.

Q. Which desired you to pawn it?

Southerland. Horniblow. I went and pawned it to Mr. Nicolls for a guinea and half: I brought it and put all upon the table, and they both in the room at that time.

Cross Examin'd.

Q. Did you hear your wife ask for the payment of any money?

Southerland. I did.

Q. What answer did Horniblow give?

Southerland. Says he, I have no money, but I will go home to my father and fetch a watch to pay you.

Q. Did he mention how he came by that watch?

Southerland. No.

Q. Did not he say, it was left him?

Southerland. He said it was left him by his mother, or some friend.

Daniel Maddox . I am constable, I had a warrant from justice Lediard, I went and found the watch at Mr. Nicholls's a pawnbroker, on Sunday the 3d of June: this is the watch, holding it in his hand.

Q. to Whitefield. Is that your watch?

Whitefield. I have all the reason in the world, to believe that it is the watch I lost.

Q. Has it any particular marks?

Whitefield. The marks which I know it by is No. 7, maker's name Thomas Budge .

Robert Nicholls . I am a pawnbroker; (he looks at the watch,) this watch was brought to me, by Mr. Southerland. I lent him a guinea and a half upon it.

Thomas Budge . I made the watch, and sold it to Mr. Cutley.

Q. to Whitefield. Was this your own watch?

Whitefield. No, I borrowed this watch of Mr. Cutley, to travel with, and left him my gold one in the room of it.

The prisoner had nothing to say in his defence.

For the Prisoner.

Rose Southerland. I was at home when the prisoner Horniblow came to our house; Horniblow owed me 5 s. 6 d. I asked him for it several times, (I trusted 4 s. 2 d. of it for liquors, the rest I lent him) he said he would go home to his father, and fetch a watch, and pawn it to me, I told him I wanted money to pay my brewer, I did not want the watch.

Q. Did he mention how he came by the watch, whether he bought it, or whether it was left him?

R. Southerland. He said his uncle left it him when he died, and his mother gave it him; he went and fetch'd the watch, and my husband went and pawn'd it for a guinea and a half.

Q. Who took up the money?

R. Southerland. Horniblow took it up.

Q. Did the prisoner claim any right to the money, or watch?

R. Southerland. No, he did not.

Q. Where does he live?

R. Southerland. He lodged at my house, and always was at home of a night, and never laid out of my house.

Q. What time had you us'd to go to bed of nights ?

R. Southerland. At eleven o'clock.

Q. Could not he go out after you was a bed?

R. Southerland. I do not know, sometimes I took up the keys, and sometimes not.

Edmund Beeten . I am a Barber; on the 26th of May last. I was at Southerland's house, the prisoner and Horniblow were there when I came in, I remember hearing Mrs. Southerland demand 5 s. 6 d. from Horniblow, on which he said he had not the money, but would go home, and fetch a watch that was left him, and would leave it in pawn with her, for the money; she said she wanted ready money, to pay her brewer; he said he could not do it without she would take the watch; she said she would not, then he said, where is your husband, let him carry it to Nicholls's, he carried the watch, and I went away directly.

Q. Did the prisoner say any thing about the watch, while you was there?

E. Beeten. He said, let me look at it; he look'd at it, and said, this is not the watch that was left you, he said it was ; the prisoner said, was not, then Horniblow said, d - n you, what that to you.

Mary Evans . I have known the prisoner ever since he was born, I believe him to be as just a lad as ever was born, he was in my house, and took money for me when I went out, and I always found him very honest.

David Evans . I am husband to the last witness; I live on Tower-Hill, and keep a publick-house, I have known the prisoner ever since the first of July was tweleve month, he was in my house three months, he had the liberty of every farthing I had in the world, and never wrong'd me of a half-penny in his life; I believe him to be a very honest young man.

John Banister . I am a Butcher ; I have known the prisoner from his infancy, he always behav'd extraordinary well, and I look upon him to be very honest.

John Reddrop . I have known the prisoner upwards of these six months, I always look'd upon him to be very honest, and never knew him inclinable to any harm.

John Miller . I have known him between three and four years, and never heard any thing, but what he was a very honest young man.

Robert Allen . I have known him between two and three years, I always took him to be a very sober honest careful boy.

Joseph Hart . I have known him ever since June last, and have been very intimate with him, he always behaved soberly and honestly.

William Broughton . I have known him about four or five years, I have heard his master say, he would trust him with untold gold, I never heard any harm of him in my life.

Edmund Clifford I have known him about four years, he has been at my house a great many times, I always took him to be very honest.

Acquitted .

397, 398. (L.) Ann Jones , and Margaret Carter , spinsters , were indicted for stealing twelve yards of linnen cloth, value 15 s. the goods of Alexander Turner , in the shop of the said Turner , August 8 . ++

Judith Turner . I live in Holborn , my husband keeps a linnen draper's shop ; on the 8th of August, the prisoner Jones came into the shop, and desired I would shew her some pieces of cotton for a gown, I shew'd her several pieces, there was none that she lik'd, nor none that would come at her price, she went out of the shop again; I did not miss any thing, till the woman that sets at the door with fruit, came and asked me if I had lost any thing ; then I search'd, and found I had lost a piece of linnen, I sent and brought her back again, and she brought the linnen in her lap into the shop; I took it up and charged the constable with her, then we took her to the Mansion-house, and she was committed; I have nothing to say as to Carter, there was a woman with her, with a child in her arms, but I cannot say whether Carter is the woman or no.

Cross Examin'd.

Q. Did Jones confess the fact ?

J. Turner. She said the other run away, and threw the linnen into her lap.

Q. Did the other say any thing about it?

Turner. No, she did not; neither do I know which it was that took it, but I took it out of Jones's lap.

Henry Dobbings . I live next door to the last witness, I took Ann Jones , with this piece of linnen in her lap; (be produces it, which was deposed to by Mr. Turner in Castle Yard, in Holborn) I was present when they were committed.

Richard Gore . I live upon Saffron hill; I was at work in Castle Yard, and stopt Jones with the linnen in her lap, I brought her back to Mr. Turner's shop, and saw the linnen taken from her.

Ann Warring . I sell fruit at the door of Mr. Turner ; I saw the 2 women go into the shop, (I am sure Jones is one, the other had a child in her arms. ) I heard them differ about the price, then she that had the child in her arms came out and said to Jones, do you go in and talk, and I'll go off; then she with the child in her arms, seem'd to bussle something between the child and herself, and as she turn'd round to go down Holborn, one end hung out below the child; I said to her, you have got more than your due; says she, does it belong to you, and be d - nd to you.

Q. Look at the woman at the bar with the child in her arms, and see whether that is the person that went into the shop?

Warring. I think it is, but I won't be positive.

Jones's Defence.

I never was in the gentleman's house in my life. Margaret Carter came to me and said, will ye hold this bundle, which was wrapt up in a blue cloak, I did, I turned about and heard somebody cry, step thief ! immediately she run out of the way, I went into Castle Yard to look for her, but could not find her ; then a young man took hold on me and brought me into the shop, and took the bundle from me.

Q. to Turner. Was that Ann Jones the only person that came into your shop?

Turner. No, there was another woman with a child in her arms, but I cannot be positive that the prisoner Carter is the person.

For the Prisoners.

Isabella James. I know Margaret Carter : as I was standing with my barrow at the door of the Two-blue-posts tavern, I saw Carter with a blue cloak, I asked her how she did, she would not stop, but went into the linnen-draper's shop; then I saw her come out with something in the blue cloak, Jones was talking to another young woman, and Carter came to her and desired her to take the things out of her hand till she shifted the child on her other arm; then she put the bundle into her hand and stood still; then Carter turned about and ran up the next turning, and left the bundle with Jones, who stood talking till the young man came and took hold on her.

Q. Did the young man take hold of her in Holborn, or in Castle Yard?

James. Upon my oath it was before she went into the yard.

Q. to Turner. Was the linnen in the blue cloak when you took it out of Jones lap?

Turner. No, in nothing but her apron.

Roger Conner . I have known Jones about 3 years, she lived a year servant with me, she behaved very honest and true: I have trusted her with every thing in my house,

John Wallace . I have known the prisoner Jones ever since she was a child, her general character is that of a very honest girl.

Bryant Mooney . I know nothing at all of the girl, only that she is an honest one, and I knew her as such.

John Turner . I have known Jones 8 years, I knew her in Dublin, and have known her three months in England; her general character is that of a very just and honest girl.

Jones Guilty 4 s. 10 d .

Carter Acquitted .

[Transportation. See summary.]

399. (M.) Thomas Kelsey , was indicted for not surrendering himself according to the king's order in council . No evidence produced against him, the jury found the issues for the prisoner .

400. (M.) Mary wife of Nathaniel Barnes , was indicted for stealing one linnen shirt, val. 3 s. the property of Thomas Groves , Aug. 11 . *.

The prosecutor missed his shirt, the prisoner was suspected, she was taken up, and confessed it, and went to the pawnbroker where she had pawned it for 2 s. with the prosecutor, and there it was produc'd. The prisoner had nothing to say. Guilty 10 d .

[Whipping. See summary.]

401. (M.) William Palmer , was indicted for stealing one brass knocker, val. 10 d. the property of Peregrine Jones , and one brass knocker, val. 10 d. the property of Elizabeth Ball , spinster , Aug. 1. ++

Peregrine Jones . I live in Hart-street, Bloomsbury . I lost a brass knocker from my street door the 24th of July: the watchman stopped the prisoner and took him to the watch-house. The knocker produc'd in court, and deposed to.

Q. What is the value of it?

Jones. Ten-pence.

John York . I am a watchman in Bloomsbury market : I stopped the prisoner as he was trying to get a knocker off a door, he had three about him, there was another person with him, he is gone off. He shewed us the doors where he had taken them from; one was this witness's, the other the next door, at Mrs. Ball's house.

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

402. (L.) Mary Rimer , spinster , was indicted for stealing one guinea, the money of David Wheatley , privately from the person of Ann Wheatley , July 11 . *

Ann Wheatley. On the 11th of July, I was sitting by a little child in a cradle in my house near the ditch side: I had given the prisoner and her mother leave to lie in my house. I missed a guinea, and the prisoner being charged with it, she own'd she took it out of my pocket when I was sitting by the cradle, to me, the constable, and before the sitting alderman.

James Wheatley . I went and fetched the constable; there was 13 s. 6 d. lying on the table, which was taken out of the prisoner's pocket, she said she had changed it. She confess'd in my hearing that she took a guinea out of my mother's pocket.

The prisoner had nothing to say in her defence, but that she was not 12 years old.

For the Prisoner.

Hannah Cotton . I have known the prisoner from four years old, I have employed her many times. I never knew her wrong me. I took her to be an honest girl.

Susannah Wright . I have known her about five years, and I never lost any thing by her.

Guilty , Death. RECOMMENDED .

403. (L.) Esther Odew , was indicted for that she on the king's highway, on Mary Maun , spinster , an infant, about five years of age , did make an assault, putting her in corporal fear, and danger of her life, and taking from her one stripe linnen gown, val 6 d. one quilted petticoat, val. 1 s. the goods of Richard Maun , her father , July 20 . *

Martha Maun . I can only say the cloaths brought to me, the coat and gown, were taken from the child's back, holding them in her arms, are my property, they were deliver'd to me by the constable.

Hannah Moses . The prisoner sat on the stairs that go up in my room, with this child before her. As I was coming down I asked her what she wanted, she said she staid for somebody, I went up again, and look'd back and saw her take off the cotton gown, then the petticoat, then she turn'd her back to her, to unlace her stays. I went down, and took hold on her, and said you are stripping the child, she said she was not, and that she knew her mother very well. I said snew me her mother, she lend me about for an hour, but brought me not to the mother; at last the child's brother seeing her, owned her, so we brought her to her mother again.

Q. to prosecutrix. Did you know the prisoner before?

Prosecutrix. No, I never saw her before to my knowledge.

Guilty of felony only .

[Transportation. See summary.]

404. (L.) Thomas Love , otherwise, Casper , was indicted for stealing one silk handkerchief, val. 12 d. privately from a person to the juror unknown . July 20 . *

No evidence appearing he was Acquitted .

405. (M) Elizabeth Smith , was indicted for stealing three ounces and a half of silk, val. 2 s. the goods of John Baynard and John Tittcut , August 1 . *

It appearing to the Court that some part of the silk belonged to Baynard and part to Tittcut, who were not partners but separate dealers, therefore the Indictment not being laid right, she was Acquitted .

406, 407. (M.) Elizabeth Webley and Ann Cibber , spinsters , were indicted for stealing two linnen sheets, val. 8s. the goods of Sarah Small , widow , out of a lodging room let by contract , Aug. 16 .

No prosecutor appearing they were Acquitted .

408. (M.) Mary Hadlep , widow , was indicted for stealing a silver watch, value thirty shillings , the goods of William Greenfield , July 23 . ++

William Greenfield . I am a chairman , and live in Brewer-street, Golden-Square ; the night before the last prisoners suffered, which was on the twenty-third of July, the prisoner came to my house and brought a girl there, I fell asleep, my watch was hanging on a brass nail over the fire-place in the room. I waked at three o'clock and missed my watch, I suspected the prisoner, and pursued her, and on enquiry found her in the Round-house, where I charg'd her with some keys, which I thought she had taken, but she denied them. I then asked her af the watch, and found she had endeavoured to sell it to Mr. Fitz. Henry, who look'd it up, and sent her to the Round-house. When she was before justice Fielding she own'd she took it.

Q. Are you a married man?

Greenfield. Yes.

Q. Was your wife your bedfellow that night?

Greenfield. No, I had a young girl with me in the room.

Q. Where was your wife that night?

Greenfield. She was an hundred and fifty miles off.

Q. Did not you give the girl that watch?

Greenfield. No, I did not.

Q. What time did she go away?

Greenfield. At four o'clock in the morning.

Q. Was your watch there then?

Greenfield. No, my Lord.

Patrick Fitz . Henry. I keep a publick-house; the prisoner came to my house on the 23d of July last, and called for liquors, she seemed much fuddled; after she had drank what she first called for she called for more, on which I asked her if she had got money to pay me; she said if she had not got money she had that which would pay me; then she called me into the back room and shewed me a watch, which I asked her how she came by; she said a gentleman's servant gave it her to pawn, I then took her to the High Constable, who ordered me to keep the watch. We advertised it, and the next day the prosecutor came and owned it, where she said that the girl that was with the prosecutor that night gave it her to pawn; then she was committed.

Prisoner's Defence.

Coming along Beaver-Street on Sunday night was seven weeks, and this young woman with me, the prosecutor ran after her, and made us go with him, saying, he had something good to treat us with. We went and he brought out a bottle of rasberry gin and a bottle of cherry brandy, we drank out the bottle of gin, and he said he would give her a guinea to get some cloaths to make her look tight and clean: afterwards he took the watch out, and said, take this till I give you the guinea: then I went home, and she came home about seven or eight o'clock, and asked me to go and pawn it, and I having seen him offer it to her while I was in the room, thought it was no harm to take it to Fitz-Henry's house, where to be sure I told a story, in saying I had it from a gentleman's servant.

Guilty .

[Transportation. See summary.]

409. (M.) Ann Gains , widow , was indicted for stealing one silver watch, val. 10 s. the property of Jonathan Joel , privately from his person , Aug. 15 . *

Jonathan Joel. On the 15th of August at night, after twelve o'clock, I was very drunk, I met the prisoner and another woman in Bishopsgate-street, who asked me to treat them.

Q. Did you know them before?

Joel. No, not I.

Q. Did they pick you up, or you them?

Joel. I suppose it was the common salutation, How do you do, my dear. We went into several publick-houses, I remember one was in Montague-Court , the landlord's name is Stitchbury, there we had a pot of beer and each a glass of gin.

Q. Did you sit down?

Joel . We did, one sat on one side me, and the other on the other, and we staid some considerable time.

Q. How long did you stay?

Joel. I can't tell how long.

Q. Had you your watch in your pocket when you was there?

Joel. I am sure I had it when we went in. We went all out together, and after we were standing in the street this woman at the bar invited me to do that thing.

Q. What thing?

Joel. Called carnal conversation, so we went into an alley, I believe I had not carnal conversation with her, but I don't swear that; as she, with one hand was getting things in order, at the same time she with the other snatch'd my watch, I felt her lug it out, then she let go her hold with the other hand, and ran away directly.

Q. Did you catch her again?

Joel. No, I did not; the watch was stopped by a pawnbroker, and is here in court.

Daniel Peacock . This watch ( holding one in his hand ) was brought to me on the 15th of August, by the prisoner at the bar; she told me her husband was in trouble in a spunging-house, and she wanted to borrow twenty shillings upon his watch, I told her if that was the case I'd go along with her to him, and lend him as much as I could upon it; but before we were got for she began to cry, and said, if I would be easy she would tell me the truth. Then she told me, that the night before she had conversation with a man, and the watch dropped out of his breeches upon her petticoat, and she took it. I advertised the watch three times, and in about a fortnight after, the prosecutor came and swore to the watch, and that the prisoner pick'd it out of his pocket.

The prisoner had nothing to say in her defence Acquitted .

410, 411. (M.) John Harris and Philip Wilson , were indicted for that they, on the 25th of July , about the hour of twelve in the night, the dwelling-house of the said James did break and enter, and steal out thence one blanket, val. 12 d. the property of John Holmes , twenty-three pounds weight of sugar and one tin cannister, one hat, val. 2 s. one pint of rum, and one glass bottle, the goods of Nicholas Peterson . *

Jane Holmes . I am wife to James , we keep a publick-house in New-street, Shadwell , on the twenty-fifth of July I got up about seven in the morning, and found the window had a pane of glass taken out of it, and the casement was open, and the yard door also: they were all safe when we went to bed, which was about eleven o'clock. The first thing I missed was the sugar from off the table, which our lodger Peterson had brought home from abroad, there was a hat also of his missing, which was taken from off the table.

Q. What is the value of the sugar?

Holmes. It is worth about 3 d. per pound, it was in a tin cannister, there was missing about a pint of rum in a quart bottle taken from off the table. About seven or eight days after a man came to me, and asked if I had been robb'd; I said I had. Then he said he could tell who had robbed me, so I went with him and he shewed me the tin cannister and the hat. The two prisoners were carried before justice Richards, but I did not hear them confess any thing.

Nicholas Peterson. I lodge with Mr. Holmes, the cannister, sugar, hat and rum were all my property, we went to bed about eleven that night, and all were safe ; but when I went down the next morning about seven, I saw the pane of glass broke. and the casement open and back door also, and my things missing; I know nothing against the prisoners.

John Brian . The two prisoners and I went a thieving together, we all broke the prosecutors house on the 25th of July; Philip Wilson lifted me over the wall, and I opened the back yard door and let them in; after that I took out a pane of glass and opened the casement and got in and handed them out the sugar in a tin cannister, a hat, and some rum; then I got out at the casement again, and we went away and carried them to Caherine Murphy, she gave us 5 s. and 9 d. for the sugar, we sold the hat in Rag-fair for 2 s. I cannot swear to whom; we divided the money betwixt us, and drank the rum out.

Q. What time did you begin to break the house ?

Brian. It was about half an hour after eleven o'clock.

C. Murphy. There were three lads came to my house with twenty-three pounds weight of sugar, and about half a quartern of rum; they asked me if I would buy them, I gave them three pence a pound for the sugar, which was 5 s. 9 d in the whole, I never saw them before; the two prisoners may be two of them for what I know, but I am not positive.

Q. What did they bring the sugar in?

C. Murphy. They brought it in a coarse cloth, (She produced some of the sugar.)

Q. to the Prosecutor. Is this like that sugar you lost?

Prosecutor. I think it is none of mine, it is too dark colour'd for that.

James Brebrook . On the second or third of August, the turnkey of Bridewell came to me and told me, he had an evidence with him, one Brian, that had inform'd against two fellows for a robbery in Shadwell, and that Brian told him, they were to be taken in an empty house in Sun-Tavern-Fields ; and that if we looked about we should find a tin cannister ; I went with James Elwall to the house, and got in, there we found the two prisoners at the bar in a lower room, and this tin cannister near them; we brought them to Bridewell, Brian told us where he had sold the hat that they took out of the house, we went to the man in Rosemary-lane with Brian, and Mr. Peterson; Brian said to the man, you bought a hat of me, the man said he did, Peterson look'd over several hats, and took up this, (holding one in his hand,) and said it was the hat he lost; we would have subpaened the man, but don't know his name.

Q. to Peterson. Is this your cannister?

Peterson. It is the same I lost.

Q. Is this your hat.

Peterson. To the best of my knowledge it is.

Q. Did the prisoners ever confess any thing ?

Brebrook. No, they have not.

Elwall I went to this empty house along with Brebrook; he exactly confirmed the testimony of Brebrook, with this addition; that when they were before the justice, they confessed nothing, only said, Brian brought the tin cannister into that house.

The prisoners had nothing to say.

Both Guilty , Death .

412. (M.) Elizabeth, wife of Abraham Enslow , was indicted for stealing one camblet petticoat, value 15 d. one holland shirt, one pair of stays, one linnen handkerchief, two cambrick hoods laced, one linnen shirt, one pound and a half of linnen rags ; the goods of Nicholas Carey , June 9 . ++

Nicholas Carey . I am a porter , and live in Shoreditch ; on the 9th of June I was robbed of all the goods mentioned in the indictment, I missed them the same night the prisoner lived servant with me, she was missing also; I took her up, and charged her with taking them away; then she said if I would be easy, she would get me them all again, but she never did, she has the petticoat on her now.

Susannah Carey . I am wife to the prosecutor, I hired the prisoner by the week, and left her in full charge of my house and things, and my young child with her; I came home about six o'clock on the 9th of June, I found my child in the street, and the prisoner and things gone; about six weeks after, she came and surrendered herself to my husband, then in his and my hearing she acknowledged several times, she took all the goods mentioned, and said she was very uneasy in her mind, on account of her character being talked on so much about it, so that she could get no work.

Prisoner's Defence.

She lent me the gown, Acquitted .

413. (M.) Mary Fury , widow , was indicted for stealing one cloth coat, value 1 s. one pair of yarn stockings, value 6 d. one pair of leather shoes, one pair of brass buckles ; the goods of Terrance Rorke , August 10 . ++

Terrance Rorke . I live in the parish of St. Giles's , with one Catherine Robertson ; I was in bed and asleep when these thing mentioned in the indictment were missing, the prisoner was taken up in St. Giles's, with the things upon her, except the shoes; I had word sent me of it, I got some other cloaths of a friend and put them on, and went and found the prisoner and my things which were taken from off the bed.

Q. Did she say how she came by them?

Rorke. She said she gave half a crown for them to a person in the street who had them to sell.

Catherine Robertson. The prosecutor lodg'd with me, there was a young man lay with him, and a market woman lay on the other side of the room; I know nothing how his cloaths were lost, but I was by when the prisoner was taken with them upon her, except the shoes; we took her before the justice, there she said she bought them in the street for half a crown, but did not know the person she bought them on.

Prisoner's defence.

I deal in old cloaths and was crying them, a woman brought the things to me, and asked me if I would buy them; which I did, for half a crown, and hung them on my arm, and a woman going along said, a man had lost them.

Guilty .

[Transportation. See summary.]

414 (M.) James Bignall , was indicted for stealing one portugal piece of gold, val. 18 s. and three guineas , the money of William Smith , May 21, 1752 . ++

Elizabeth Poulter . William Smith was my father, he is since dead; I live at Limehouse, the prisoner came to my father's house the 21st of May was a twelve month; he pretended he wanted a hat, he pitch'd upon one, and then begged the favour of my father to oblige him in changing a Queen Ann's half guinea, which was for a gentleman on board a ship, my father had some money in his pocket that he had just sum'd up: he pulled it out in his hand, and the prisoner immediately put his hand into my father's, and said here is one, my father drawed his hand back, and when he put it forwards, the prisoner did so again three times, I was not by at the time, this is what my father told me of afterwards *: I came into the room just after, and my father asked me if I had ever a half guinea; I said I'd go up and look, I did, and came down with a Queen Ann's guinea, but the prisoner said that would not do, it was much desac'd : there was nothing missed while the prisoner was there, when he was gone my father missed three guineas, he did not then miss the 18 s piece, he sent our servant and I to see for the prisoner, he was brought back, my father accused him with it directly; he asked my father whether he could take his oath on it, he said he could, then the prisoner put his hand in his pocket, and pulled out some half pence and three guineas, and another piece of gold which was not a guinea, but I did not look so strict as to observe what it was; then he said if I have robbed you of three guineas, then here they are for you, and gave them to my father, then he said I hope you are satisfied, I hope I may go; my father answer'd he was satisfied, and that he might go like what he was; after this, the neighbours insisted upon my father charging an officer with him, so he was committed for a fraud.

* This here-say is not evidence, and should not have been printed; but only as it is introductory, it could not be avoided.

Q. Did he acknowledge he had taken the money?

E. Poulter. He did not deny it, after this he was bail'd out, and has been on bail ever since.

John Maxwell . I was servant to Mr. Smith at the time, and was at home, my master called me from my work, and describ'd the prisoner, and sent me and another person after him, we overtook him, and brought him back; my master charged him with robbing him of three guineas, he asked my master whether he could sware it, my master said he would, then the prisoner pulled out some half-pence and three guineas and delivered the three guineas to my master, and said, there is your three guineas again.

Q. Did you see any other gold amongst his money ?

Maxwell. No, I did not.

Q. Did you search him.

Maxwell. No, my lord; my master missed the 18 s. piece after he was gone, and went with me to Newgate to him; he charged him there with that, then the prisoner said, if my master would admit him to bad he'd make it all good.

Prisoner's Defence.

I happen'd to go to this house to buy a hat, and said to Mr. Smith, Let me see one of the best hats you have, and I'll give you a good price for it, I said I'll take one upon your word; so he chose one. I said, line and loop it, and I'll call tomorrow morning for it; I said, could you oblige me with a Queen ANN's half guinea, or a guinea; he went to his chest, and pull'd out about three or four 36 s. pieces, and some guineas in gold, and said you are very welcome if there are any here, your eyes are better than mine, you may look and see; there were none; the daughter went up stairs and said, I'll go and see if I have any. She brought down a Queen ANN's guinea, I said that would not do; then Mr. Smith wrapp'd his money up in a rag as before, and lock'd it in his chest. I went away, and when I was got a good way, a boy came running after me, and said, Sir, was not you at master's shop, I said, Yes; he said, master desires to speak with you; I went back with him; I said, do you know what he wants, the boy said I don't know. When I came there I saw a great many people running backwards and forwards; Mr. Smith said, there is a little mistake between you and I; I have been looking over my money, and I miss three guineas ; I said if you miss twenty, is that a reason that I must have them. I pull'd out all my halfpence and some gold, and laid it on the counter, and said if here is any money which you can swear to, I'll be willing to be punish'd according to law, he catch'd hold of three guineas of mine; I said, what do you mean by this, he said go about your business, you have got my money; then he charg'd an officer with me, and I was committed upon suspicion. He could not rightly swear he had lost any thing. This is all the work of a person now in court, that informs against the bawdy-houses and my friends: when he took me up he said, if I'd give him five guineas, he'd let me go, and if you are trie d you'l be hang'd, I said I shall give you no money. I had no trouble about it till now, nor should have now, had I gave him the five guineas.

To his character.

William Stevenson . I keep the Rose-and-Crown, in Church-lane. I have known the prisoner three or four years, he did belong to an India-Man, he behaved very well in my house, and I know no harm of him.

Ralph Hardey . I keep the Adam and Eve, in Ratcliff-highway. I have known him three or four years, he is a Whitechapel officer, he has arrested people and brought them to me, he has behaved as an honest man; I can't think he ever stole three guineas. I am one of his securities.

Catherine Wilkerson. I have known him three years, he is very well belov'd, and bears the character of an honest man. Upon my life I don't think he would be guilty of stealing three guineas.

Barbara Hudson . I live in Church-lane, Whitechapel. I have known the prisoner about four years, he is a very honest man as far as any thing I know.

Guilty .

[Transportation. See summary.]

415. (M.) Oliver Mac Allister , was indicted for stealing two bushels of pease, val. 4 s. and eight wooden posts, val. 5 s. the property of William Bucknell , doctor in physic , Jan. 24 . *.

There was no evidence produc'd to prove the stealing of either. He was Acquitted, and a copy of his indictment granted him .

416. (M.) Lydia, wife to Oliver Mac Allister , otherwise Lydia Roach, widow , was indicted for that she with a certain pistol loaded with gunpowder and leaden shot, which she held in her right hand, did shoot off at Elizabeth James , widow, with intent the said Elizabeth to kill and murder , Jan. 28 . *.

Elizabeth James , depos'd that the prisoner shot at her out of her chamber window, that she was not hurt by it, and that the ball, or shot, were not found, and as it was laid in the indictment to be leaden shot; it must be prov'd in order for conviction; this came short of proof. The prisoner was Acquitted, and had a copy of her indictment granted .

417. (M.) Mary Murphy , was indicted for receiving, (knowing to have been stolen) a large quantity of plate , stolen by Benjamin Benson , and Robert Wood , otherwise Hoad, by breaking and entering the dwelling house of John Anderton , Aug 1 . who were tried, cast, and executed for it, at Chelmsford assizes last. ++.

The copy of the record of their conviction was read in court.

John Anderton . I was prosecutor of Benson, and Wood, at Chelmsford, they were both cast. My house was broke open the 1st of August, and a quantity of plate taken away. I live at West Ham Abbey, in Essex, Spring-Gardens . The prisoner is the person that told me where my goods were, some of them were found in her pocket. She knew the goods were stole, for she said they told her before they came out, they were going to rob my house; and when they return'd they held a pistol over her head and swore they'd fire it thro' her if she would not awake and see what a prize they had got; and that she sold and pawn'd the plate for them. I got them again; there was a quart silver tankard and two spoons at a pawnbroker's, and the rest sold to a silversmith; they are here to give evidence.

John Parnell . On the 2d of August last, I met Mr. Anderton, he informed me he had been robb'd, and that he had a suspicion of two Sailors who dined at his house the day before, (which prov'd to be Benson and Wood.) He describ'd them to be two pale-fac'd men in blue jackets: I said I had reason to think they were neighbours of mine. There were printed bills given out of the goods lost from Goldsmith's Hall, and at the bottom of the bill was mention'd, Two pair of silver buckles shoe and knee. I had seen a pair of silver buckles in Benson's shoes the day before, which increas'd my suspicion. We agreed to meet on the morrow morning; so I, with Thomas Stanley , and Nathaniel Harris , went to their room, there we found Wood, we observ'd his hand go towards the pillow, we took him from thence, and under the pillow we found a large horse pistol loaded, which was Mr. Anderton's; we found a dark lanthorn on the table, and powder and shot: this woman and Benson were both out in order to hire a house: I found a silver strainer lying on the bed, such as the prosecutor describ'd. Wood wanted to be admitted an evidence against Benson and this woman, and mentioned their being concerned in robberies together in the streets, and at Deptford. As we went in the street with him, he was known to be a person that had return'd from transportation before his time, so we gave no attention to his being an evidence in the year 1749. We went by his direction to Cock-Hill, where we found Benson and the prisoner, they had taken a room, and had bought some household goods, and she was putting them to rights in the house. Benson had got intelligence of us, and he was taken in the streets. We search'd the prisoner's pockets, and found four or five penny-worth of halfpence, a 4 s. 6 d. piece of gold, two tea-spoons, and a strainer, which Mr. Anderton swore to, which we took and her rings, and we took the buckles out of her shoes. When they all three went to gaol, I return'd the money, and gave them 2 s. each; she told me I knew the pawnbroker, one Mrs. Richley, and said she had pawn'd a quart silver tankard, and two large spoons there for five guineas. We went and found them accordingly.

Q. to Mr. Anderton. Were the tankard and spoons your property?

Anderton. They were, my lord.

Parnell. She told us she had sold another quart tankard, 23 tea-spoons, 2 or 3 pepper boxes, a pair of salts, and 3 punch ladles, all silver, to Mrs. Waite, a silversmith in Wapping. We went there and found them accordingly.

Anderton. They were all my property.

Ann Waite . On the 1st of August, about seven in the morning, the prisoner brought a small parcel of plate to sell, I bought it of her, and she came with more, in all she came four times that day. I bought of her in the whole, a silver tankard, 2 table spoons, 3 pepper boxes, 3 salts, some tea-spoons, and 3 punch ladles: in the whole she had for them 12 l. and upwards, at 5 s. 6 d. per ounce. She sold them to me, in the name of Edwards. Mr. Anderton came with the other evidence, and I deliver'd them to him.

Ann Richley . I am a pawnbroker, the prisoner brought to me a quart silver tankard, and 2 large table spoons, and pawn'd them in her name, that is, Mary Benson ; I lent her five guineas upon them. Mr. Anderton came the next day and demanded them, and I deliver'd them to him.

Prisoner's Defence.

My husband brought the goods in, and desir'd I'd go and sell them; accordingly I denied going, but he cock'd a pistol at me, and made me go, Guilty .

[Transportation. See summary.]

418. (L.) Edward Nichols , was indicted for stealing one silk handkerchief, val. 4 s. the property of George Dennis , privately from his person , July 4 . *.

George Dennis . On the 4th of July, about two o'clock in the day-time, as I was coming by the corner of Water-lane, out of Thames street , I perceiv'd something touch my pocket, I felt and miss'd my handkerchief, I turn'd round and took hold of the prisoner, and found my handkerchief in his bosom.

Prisoner's Defence.

As I was coming up Water-lane, I saw three boys come rusling along, going farther I found a handkerchief and picked it up, and this man came and said it was his; I said no, not as you know of.

Guilty 10 d .

[Transportation. See summary.]

419. (M.) James Murphy , was indicted for stealing one silver watch, value 40 s. the property of William Whittle , August 12 . *

W. Whittle. I am a servant out of place ; on the 12th of August, a little before 12 o'clock at night, as I was in Orange-Court near Leicester-fields , I took out my watch to see what time of the night it was, a man catch'd it out of my hand and ran away with it.

Q. Do you know that man?

Whittle. I believe the prisoner is the man, but I cannot sware to him, I described the man before taken, to be such as he.

Q. Have you seen your watch since ?

Whittle. I have, I advertis'd it, and a pawnbroker, Mr. Pearson in Castle-street, advertis'd it the same day in the same paper. (Produced in court and deposed to.)

Q. Did you follow the person that took your watch ?

Whittle. It was dark, and he soon got out of sight, I called out, stop thief!

John Stevens . I live at Mr. Pearson's a pawnbroker in Castle street; (he looks at the watch:) the prisoner is the person that brought this watch to me, he offered to pledge or sell it, I asked him how he came by; he said he bought it, and that it cost him six pounds, and that it had laid at a house in Russel-street, Covent-garden, some time, for three ou.

Q. When did he bring it you ?

Stevens. On Monday the 13th of August; I said I should be glad to be better satisfied about it, and should stop it till I was, then said he'd bring a person the next day to prove it his property, and went away, he came again the next day, and brought a man with him, but that man said he knew nothing of it; I advertised it on the 15th of August, and the same day it was advertised in the same paper, by the prosecutor; he came to me, and I delivered it to him; after this the prisoner came, and then said he found it in the Hay market, and wanted the reward, be voluntarily went before justice Fielding, who committed him.

Q. to the Prosecutor. Was you sober when you lost your watch ?

Prosecutor. I was a little in liquor.

Prisoner's Defence.

I am an honest young fellow, and there are many people where I have worked know it; but none appeared to prove it. Guilty .

[Transportation. See summary.]

420 (M.) John Kirkwood , was indicted for stealing two silk gowns, value 10 s. one silk petticoat, value 5 s. one cloth cloak, value 1 s. one cambrick handkerchief, value 6 d. one cotton handkerchief, value 4 d one linnen petticoat value 1 s. and one linnen apron value 1 s. the goods of Elizabeth Nichols , August 25 . *.

Elizabeth Nichols . I lodge at a house in Old-Gravel-lane ; I lost the goods mentioned in the indictment. (mentioning them all over) this day fortnight, they were taken away out of a box; I was ill and kept my bed, they were in another room from whence they were taken, but I did not see them taken, or miss them, till I was informed they were gone.

Q. Was the box lock'd?

E. Nichols. I cannot say whether it was or not.

Q. Why do you charge the prisoner ?

E. Nichols. He lodged in the same house, and from that time he deserted his lodgings; he was taken up and confessed the taking the things to me and others, before we went to the justice of peace; he said he left them at a friend's house, and told us where he lived, I went there and found them accordingly, (produced in court and deposed to.)

Elison Mood. I have known the prisoner 32 years, and never knew a bad action of him before.

Q. Did you hear the prisoner confess any thing?

Mood. I did, he confess'd he took all the things out of the box, I pawn'd part of them for the prisoner, and fetch'd them again when I found whose they were.

Richard Rook . I am constable, and was sent for to the house of one Roy, where the prosecutrix lodg'd. Roy had been to Greenwich, and fetch'd the prisoner from thence, he gave me charge of him; the prisoner confess'd the taking the things the prosecutrix has mention'd; and said they were at a house in Chiswel-street. I went there, the person deliver'd them to me, and said, he lent the prisoner 18 s upon them.

The prisoner had nothing to say in his defence.

For the Prisoner.

Mary Price . I never heard any ill of the prisoner in my life, before that, and I have him 20 years. I believe it was hardship that was the cause of his doing of it. Guilty .

[Transportation. See summary.]

421. (L.) Ambrose Pearson was indicted for stealing one silver pint mug, val 4l. the property of John Wilmot . in the dwelling house of the said John , June 21 . *

John Wilmot. I live in Bishopsgate-street without , and am a publican . I lost a silver pint mug on the 21st of June last.

Q. Of what value ?

Wilmot. It was worth three or four pounds: I can give no account of the loosing it, but it was found upon the prisoner.

David Hart . I deal in China ware, and travel with a licence. On a Wednesday, I don't know the day of the month ; it being a rainy day, I stood at a publick-house door, the prisoner came to me and ask'd for one Benjamin; after that he offer'd me a silver pint mug to sell, I stopp'd him and the mug, and sent for Coleman Solomon , the constable, and gave him charge of the prisoner, there was engrav'd upon it, John Wilmot, at the Green Dragon, Bishopsgate street. The prisoner is a coachman, and told me he found it in the boot of his coach.

Coleman Solomon . I am constable. (He produces a silver pint mug) This is the mug that the last evidence deliver'd to me with the prisoner.

Q. to the Prosecutor. Look at that mug, do you know it?

Prosecutor. This is the mug I lost.

Solomon. The prisoner confess'd he took the mug from out of Mr. Wilmot's house, that he call'd for a pint of beer and drank it, and took the mug away in his pocket, when he was before the Alderman. I went with him in the coach to Newgate; he confess'd going along that he took it, and was very sorry for it.

Q. to the Prosecutor. Did you see the prisoner in your house that day ?

Prosecutor. I did.

Q. What time did you miss the mug ?

Prosecutor. I did not miss it till the evening.

The prisoner had nothing to say in his defence.

To his Character.

John Goodacre I have known the prisoner about; 8 to 10 years, he has been a servant to me about 3 years, is a coachman, we have sent him to gentlemen's houses, and never heard any complaint of him; he always behav'd very well in his place.

Q. How long has he left your service.

Goodacre. He left us about a year ago?

Margaret Allen . I have known him between 15 and 16 years, I never saw any misbehaviour by him in my life.

John Norton . I have known him about nine years, he always behav'd in a civil manner, and did his business well, for whatever I heard.

Richard Mumford . I remember the prisoner to drive Serjeant Urling; he was look'd upon then as a very honest man.

Guilty 39 s .

[Transportation. See summary.]

ACCORDING to the Course of the Court, the Trials of John Gibbon , William Clarke , and Thomas Greville , the three Witnesses upon the Trial of Mary Squires , for the Robbery of Elizabeth Canning , being called on, the Right Honourable the Lord Mayor quitted the Chair, and retired out of Court. - But in order to remove the Indictments into the Court of King's-Bench, and to supersede the Jurisdiction of this Court, three Parchment Writings, said to be Writs of Certiorari, were presented to the Court, whereupon Mr. Davy, of Council for the Defendants, inform'd the Court, that he was greatly surpris'd at this Attempt, not only as the Court of King's-Bench had, on the last Day of last Term, absolutely refused to grant these Writs, although applied for by the Prosecutors, but as the Defendants had acted so very fairly as to have given them (what they were not obliged to give) Eight Days Notice of Trial, and had now near on Hundred Witnesses attending, many of them brought from great Distances, and at a vast Expence, to manifest the Innocence of the Defendants to the World. - Upon which the Person, who attended with those Writs, being asked by the Court, Who he was? How he came by them? And how those Writs had been obtained? He informed the Court, that he was Clerk to Mr. Miles, who was out of Town; that he had the Writs delivered him by Mr. Miles's Brother, the Distiller; and that he himself knew nothing further of the Matter. - Which Answer not being satisfactory to the Court, the Court was pleased to order him to take the Writs back again, to recommend an Enquiry how those Writs had been obtained, and the Trials to be called on.

Whereupon the Jury was charged with the following Indictment against John Gibbon .

The SECOND PART of these PROCEEDINGS will be published in a few Days, wherein will be contained the Whole Proceedure of the Court on the Indictments of the Abbotsbury Men, with the Learned Council's Speech on that Occasion, and other remarkable Trials.

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 6th, Friday the 7th, Saturday the 8th, and Monday the 10th of September,

In the 27th Year of His MAJESTY's Reign, BEING THE Seventh SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VII. 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.

First Indictment.

LONDON.

THE Jurors for our Lord the King, upon their oath present, that at the delivery of the King's goal of Newgate, holden for the county of Middlesex, at Justice-Hall, in the Old-Bailey, in the suburbs of the city of London, on Wednesday the 21st day of February, in the 26th year of the Regin of our Sovereign Lord GEORGE the Second, King of Great-Britain, &c. before Sir Crisp Gascoyne, Knt. Mayor of the city of London, Sir Martin Wright , Knt. one of the Justices of our said Lord the King, assign'd to hold pleas before the King himself, Nathaniel Gundry , Esq; one of the Justices of our said Lord the King, of the Court of Common Pleas, Sir Richard Adams , Knt. one of the Barons of the Court of Exchequer of our said Lord the King, and others their fellows Justices of our said Lord the King, assign'd to deliver the goal of our said Lord the King of Newgate, of the prisoners therein being, Mary Squires , late of the parish of Enfield, in the county of Middlesex, widow, was tried and convicted upon an indictment against her, For that she on the second day of January, in the 26th year of the Reign of our Sovereign Lord GEORGE the Second, King of Great Britain, &c. with force and arms at the parish aforesaid in the county aforesaid, in the dwelling house of one Susannah Wells , widow, there situate, upon one Elizabeth Canning spinster, in the peace of God and our said Lord the King, then and there being, feloniously did make an assault, and her the said Elizabeth in bodily fear and danger of her life, then and there feloniously did put, and one pair of stays of the value of ten shillings, of the goods and chattels of the said Elizabeth, from the person and against the will of the said Elizabeth, in the dwelling house aforesaid, then and there violently and feloniously did steal, take, and carry away, against the peace of our said Lord the King, his crown and dignity. Upon which same trial, one John Gibbon , late of Abbotsbury, in the county of Dorset , Victualler , on the twenty first day of February, in the year aforesaid, to wit at Justice-Hall, aforesaid, in the parish of St. Sepulchre, in the ward of Farringdon Without, in the city of London, came in his own proper person as a witness on the behalf of the said of and upon the matters contained in and increasment, and the said John Gibbon , then and there in the court aforesaid, before the said Justices lst abovenamed, and others their fellows assigned as aforesaid upon the trial aforesaid, was in due manner and form sworn, and took his corporal oath upon the holy gospel of God, as witness (the same court then and there having a sufficient authority to administer the same oath to the said John Gibbon , in that behalf. And the said John Gibbon , on the said twenty first day of February, in the year aforesaid, not having God before his eyes, but being moved and seduced by the instigation of the devil, and wickedly and unjustly devising and intending to pervent justice, and to the said Mary Squires unjustly to be acquitted of the said crime laid to her charge, in the said indictment; then and there upon the trial aforesaid, upon his oath aforesaid, falsly, maliciously, wilfully, wickedly, and corruptly, did say, depose, swear, and give in evidence to the said court , and the Jurors of the said Jury, upon the trial aforesaid, as follows, (that is to say,) On the first day January, 1753, (meaning the year of our Lord 1753.) the prisoner Squires, ( meaning the abovenamed Mary Squires) came into the house, ( meaning the house of the said John Gibbon, at Abbotsbury, aforesaid, in the said county of Dorset.) There was George her son, (meaning George the son of the said Mary Squires ,) and Lucy her daughter, (meaning Lucy the daughter of the said Mary Squires .) with her, (meaning the said Mary Squires .) and that the said John Gibbon , upon the trial aforesaid, upon his oath aforesaid, on the said twenty-first day of February, in the year aforesaid, at Justice Hall aforesaid, in the parish of St. Sepulchre aforesaid, in the ward of Farringdon Without aforesaid, did falsly, maliciously, wilfully, and corruptly, say, depose, swear, and give in evidence as follows: She ( meaning the said Mary Squires .) came with handkerchiefs, lawns, muslins, and checks, to sell about town; (meaning Abbots bury, in the county of Dorset ;) she (meaning the said Mary Squires .) stayed there, (meaning at Abbotsbury, in the said county of Dorset.) from the first to the ninth day of the month, (meaning from the first to the ninth day of the month of January, in the said year of our Lord, 1753.) and lay at my house, ( meaning the house of him the said John Gibbon , at Abbortsbury aforesaid, in the said county of Dorset.) And the said John Gibbon , then and there, upon the said trial being demanded to look at the said Mary Squires , then a prisoner at the bar there, and being asked whether or not he was sure that she was the same Mary Squires , whom he had so as aforesaid deposed, and sworn to have come to his said house at Abbotsbury aforesaid, on the said first day of January, in the said year 1753. and to have stay'd there from the said first day of January aforesaid, to the ninth day of the said month; he the said John Gibbon , upon the aforesaid, upon his oath aforesaid, in answer to the said demand and question, did falsly, maliciously, wickedly, wilfully, and corruptly further say, deposed, swear, and give in evidence as follows: I (meaning himself the said John Gibbon ,) am sure it is, meaning that he the said John Gibbon , was sure that the said Mary Squires , then a prisoner at the bar there upon the said trial, was same Mary Squires , whom he, the said John Gibbon , had as aforesaid deposed and sworn to have come in his said house at Abbotsbury aforesaid, on the said first day of January, in the year of our Lord, 1753, and to have staid there from the said first day of January aforesaid, to the ninth day of the said month) Whereas in truth and in fact, on the said first day of January, in the year of our Lord, 1753, the said Mary Squires did not come into the house of the said John Gibbon , at Abbotsbury, in the said county of Dorset. And whereas in truth and in fact, the said George, the son of the said Mary Squires , and the said Lucy, the daughter of the said Mary Squires , or either of them, were not in the house of the said John Gibbon , at Abbotsbury aforesaid, in the said county of Dorset, on the said first day of January, in the year of our Lord, 1753, with the said Mary Squires . And whereas in truth and in fact, the said Mary Squires did not stay at Abbotsbury, in the said county of Dorset, from the first to the ninth day of the month of January, in the said year of our Lord, 1753, And whereas in truth and in fact, the said Mary Squires did not lie at the house of the said John Gibbon , at Abbotsbury aforesaid, on the said first day of January, in the year of our Lord, 1753, until the ninth day of the same month. And whereas in truth and in fact, the said Mary Squires did not lie at the house of the said John Gibbon , at Abbotsbury aforesaid, on the day of January, in the said year of our Lord, 1753. nor on the said ninth day of the said month of January, in the year last mentioned, nor at any time between the said first day of January, in the said year of our Lord, 1753; and the said ninth day of the same month of January. And whereas in truth and in fact, the said Mary Squires , on the said first day of January, in the year last before mentioned; was not at the house of the said John Gibbon , at Abbotsbury aforesaid, nor at any other house or place at Abbotsbury aforesaid. And so the Jurors aforesaid, upon their oath aforesaid, do say, that the said John Gibbon , on the said 21st day of February, in the 26th year aforesaid, at Justice-hall aforesaid, upon the trial aforesaid, in the Court aforesaid; the same court, then and there having a competent authority to administer the said oath, to the said John Gibbon, in that behalf; falsely, maliciously, willfully, wickedly, and corruptly, in manner and form aforesaid, did commit willful and corrupt perjury, to the great displeasure of Almighty God, to the evil example of all others in the like case offending, and against the peace of our said Lord the the King, his crown and dignity.

All the witnesses on the back of the bill, were called out to give evidence, but no one appearing, except Mary Woodward, and she declaring she knew nothing of the matter, an officer was sent to the prosecutors to attend the court, but none of them appearing, the Jury acquitted the Defendant .

Second Indictment.

Then was called on the Trial of William Clark , late of Abbotsbury in the county of Dorset , Cordwainer ; for giving in evidence to the Court and Jurors of the said Jury, upon the Trial aforesaid, by swearing as follows; that is to say, the last time I, (meaning himself, the said William Clark ,) saw her, (meaning the said Mary Squires ,) was on the tenth of January last, (meaning the tenth day of January, in the said 26th year of the reign of his said Majesty, King GEORGE the second;) I, (meaning himself, the said William Clark ,) met with them, (meaning the said Mary Squires , and other persons in her company,) on the road, (meaning on the King's highway, lying and being between Abbotsbury, in the county of Dorset and Dorchester, in the same county,) we, (meaning himself, the said William Clark , the said Mary Squires , and other persons then in company with them,) went some way together; we, (meaning again himself, the said William Clark , the said Mary Squires , and other persons then in company with them.) parted at Crudeway-foot, four miles from Abbotsbury, (meaning Abbotsbury aforesaid, in the said county of Dorset,) and three from Dorchester, (meaning three miles from Dorchester aforesaid in the said county of Dorset;) and the said William Clark , then and there upon the trial aforesaid, falsly, maliciously, wickedly, wilfully, and corruptly, did further say, depose, swear, and give in evidence as follows ; that is to say, I, (meaning himself, the said William Clark ,) undertake to swear positively to that, that I, (meaning himself, the said William Clark ,) saw her, meaning the said Mary Squires .) there, (meaning at Abbotsbury aforesaid, in the said county of Dorset,) on the first day of January last, (meaning the first of January, in the said 26th year of his said Majesty's reign,) and either on the ninth and tenth afterwards, (meaning the ninth and tenth days, of the said month of January, in the said 26th year of his said Majesty's Reign,) and saw them, (meaning the said Mary Squires , and other persons in her company ) going about the town, (meaning Abbotsbury aforesaid, in the said county of Dorset, in the time, (meaning between the said first day of January, in the year last mentioned, and the ninth or tenth days of the said month of January) to sell things, (meaning divers goods, wares, and merchandizes.) And the said William Clark , then and there upon the trial aforesaid, upon his oath aforesaid, falsely, maliciously, wickedly, willfully, and corruptly, in answer to question then and there asked him, upon the said trial, did further say, depose, swear, and give in evidence as follows ; that is to say, I, (meaning the said William Clark .) am a housekeeper. Whereas in truth and in fact, the said William Clark , did not on the tenth day of January last, see or meet with the said Mary Squires , on any road or place whatsoever, in the county of Dorset. And whereas in truth and in fact, on the said tenth day of January last, he, the said William Clark , was not in company with the said Mary Squires , at any place in the county of Dorset. And whereas in truth and in fact, the said William Clark , on the said tenth day of January last, did not part with the said Mary Squires , at Crudeway-foot, four miles from Abbotsbury aforesaid, and three miles from Dorchester aforesaid. And whereas, in truth and in fact, the said William Clarke , on the said tenth day of January last, was not in company with the said Mary Squires , at Abbotsbury aforesaid, on the first day of January, or on the ninth or tenth days of the same month. And whereas, in truth and in fact, the said William Clark , did not on the first day of January last, or on the ninth or tenth days of the same month, or at any time between the said first, and ninth or tenth days of January aforesaid, see the said Mary Squires , at or about Abbotsbury aforesaid. And whereas, in truth and in fact, the said William Clark , was not a housekeep, on the said twenty-first day of February, in the said 26th year of his said Majesty's Reign.

He also was acquitted for want of evidence .

Third Indictment

Then the trial was called on of Thomas Greville , late of the parish of Coombe, in the county of Wilts , innholder , who was also indicted for having given in evidence upon the same trial as follows; I, (meaning himself, the said Thomas Greville ,) keep a publick-house there, the sign of the Lamb, (meaning a publick-house, known by the name or sign of the Lamb at Combe, in the county of Wilts,) and I, (meaning himself, the said Thomas Greville,) saw Mary Squires , (meaning the said Mary Squires ,) at my house, (meaning the said house of him, the said Thomas Greville , at Combe aforesaid, in the said county of Wilts,) on the fourteenth of January, (meaning the fourteenth day of January, in the said twenty-sixth year of the Reign of his said Majesty King GEORGE the second,) and there, (meaning at the said house, of the said Thomas Greville , at Combe aforesaid, in the said county of Wilts,) was her sister, ( meaning a sister of the said Mary Squires ,) and her brother, (meaning a brother of the said Mary Squires ,) as she said, (meaning as the said Mary Squires said,) they, (meaning the said Mary Squires and her said sister and brother) sold handkerchiefs, lawns, and such things. And the said Thomas Greville , then and there upon the trial aforesaid, upon his oath aforesaid, falsely, maliciously, wickedly, wilfully , and corruptly, did further say , depose, swear, and give in evidence as follows ; they, (meaning the said Mary Squires , and her said sister and brother) stopped there, (meaning at Coombe, the said county of Wills,) but one night. Whereas, in truth and in fact, the said Thomas Greville , on the said fourteenth day of January, in the year last aforesaid, did not keep a publick-house called or known by the name or sign of the Lamb at Coombe, in the said county of Wilts, or any other house there. And whereas, in truth and in fact, he, the said Thomas Greville , on the said fourteenth day of January last mentioned, did not see the said Mary Squires , at any house whatsoever at Coombe, in the said county of Wilts. And whereas, in truth and in fact, on the said fourteenth day of January, in the year last aforesaid, there was neither sister nor brother of her, the said Mary Squires , at Coombe aforesaid, in the said county of Wilts. And whereas, in truth and in fact, the said Mary Squires , or any other person in her company on the said fourteenth day of January, in the year last aforesaid, at Coombe aforesaid, did not sell any handkerchiefs, lawns, or any other thing whatsoever. And whereas, in truth and in fact, the said Mary Squires was not at Coombe aforesaid, on the said fourteenth day of January, now last past.

He also was acquitted for want of evidence .

During the Time a Messenger was sent to the Prosecutors to attend the Court, Mr. DAVY, Council for the Defendants, took that Opportunity of addressing himself to the Court as follows:

My LORD,

I HAVE the Honour to appear before Your Lordship in Behalf of the three Defendants; who stand indicted for Perjury, supposed to have been committed by them in this Place, upon the Trial of Mary Squires , for the Robbery of Elizabeth Canning , at Enfield-Wash, in January last.

Gibbon and Clark are charged with falsely swearing, that Mary Squires was at Abbotsbury from the first to the ninth of January; and Greville, that she was at Coombe on the fourteenth.

If their Testimony was true, Mary Squires was unjustly accused; but it was her's, and their Misfortune, that it then obtained no Credit. -

They were Strangers, unknown to every body at the Trial. - Canning was positive, and being by unfair Means confirmed in her Evidence, Squires was convicted.

Upon this Charge of Perjury great Care hath been taken, attended with great Expence, on either Side, to search this Matter to the Bottom; every Circumstance hath been scrutiniz'd, and nothing omitted to investigate the Question thoroughly.

It hath a long while been the general Subject of Conversation, and hath engaged the Attention of the Public, more, perhaps, than any private Transaction ever did before.

Here are the Names of no less than fifty Witnesses indorsed upon each of their Indictments; yet only one of them, a poor Woman, whose Evidence is immaterial, appears to prosecute!

This Desertion may occasion various Conjectures, and many false Reasons will probably he suggested for not prosecuting these Indictments.

It may perhaps be attributed to a Compromise - It may be said, that these Defendants are to be acquitted by Consent, and that the Indictment against Canning is to be dropped. One cannot easily imagine what Rumours Malice may raise.

For this Reason, and to prevent any Imputation upon those who are concerned for the Defendants, I beg Leave to assure Your Lordship, and all who hear me, that the Defendants now come prepared for Trial; that their Witnesses attend Your Lordship, ready to give their Testimony with such clear, ample, convincing Circumstances, as would demand universal Assent; and fully prove, the Innocence of the three Defendants, and the Falsity of Elizabeth Canning 's Story in every particular.

Here are Witnesses, more in Number than perhaps ever appeared in any one Cause, collected together at a vast Expence, and from different remote Places.

Here is other Evidence also ready to be produced, such as, in its Nature, cannot deceive.

The Prosecutors have been invited to meet them here before Your Lordship and the Jury; and so desirous were the Friends of the Defendants that this Matter should be fairly tried, that they have offered to bear Part of the Charges of this Prosecution.

The Public hath been a long while amused with Promises, that, in the Trials of these Indictments, the Guilt of the present Defendants should be clearly manifested; and the whole of this mysterious Transaction unravelled.

The Time is come to perform these Promises, and Thousands expect it.

Why do all these Boaster now hide their Faces? because they are covered with Confusion.

They are aware how dangerous it is to pursue a Prosecution, founded in the foulest and most daring Perjury; and wisely withdraw themselves from a Trial which would involve them in Ruin.

Had I considered the Case of the Defendants alone, without Regard to any other Person, I should have thought it needless to give the Court any Trouble upon this Occasion.

They are private Countrymen, without any Connections in this Part of the World, and totally unconcerned at any Reports which may prevail here : - Within the narrow Circle of their Acquaintance, their Characters will remain unblemished, let Fame do its worst; because the Charge against them is the Attestation of a Fact, which all their Acquaintance, all their Parish, and their whole Country, know to be true.

But there is ONE, whose near Relation to this great City, makes it necessary for me to say thus much.

It is impossible for Him to be unsollicitous for public Approbation, after having done so much to deserve it.

Yet all the Reproaches which Malice could suggest to little, dark, designing Men, have been levelled at the Chief Magistrate of this City, only for doing what the Love of Justice and Humanity inspired Him to.

For His Sake therefore, I have thus trespassed upon Your Lordship's Patience, and only beg Leave to add a few Words more, to shew how unmerited those Reflections were.

As His Lordship was at the Head of the Commission at the Trial of Mary Squires , and was totally uninfluenced by the infamous Endeavours which at that Time had been us'd to give Credit to a most improbable Narrative; he was directed, merely by a Regard for Truth, to make further Enquiry into a Story, pregnant with Absurdities, and unlike any Transaction that ever went before it.

And the Evidence of Elizabeth Canning depending intirely upon this Question, Whether the Account which these three Men had given was true, where could His Lordship so properly direct His Enquiry, as to those Places, where they swore they had seen her?

The Success of that Enquiry answered the Wishes of His Humanity; and the most indubitable Proofs of the Convict's Innocence warmed the Royal Heart to Mercy.

One should have thought, that this Conduct of a Magistrate, whose sole Motive to it was a Desire of rescuing a wretched, friendless, Convict, from the Miseries into which Perjury, and popular Prejudice, had thrown her, should, at least, exempt Him from Censure.

But His Enemies could never forgive Him the Merit of this Action: As it raised Him still higher in the Esteem of good Men, he became more the Object of Envy; and no Arts were uneslay'd to diminish the Reputation He had so justly acquired.

Had My Lord-Mayor been present, I should not have said so much; but I have been the more encouraged to it from observing, that His Lordship withdrew Himself as soon as these Causes were called, because He was pleased to think it improper for Him to preside, where any thing that might be thought to concern Himself should come before the Court.

I have an Apology to make for giving Your Lordship any Trouble, where there is no Prosecution; but as the Court waits for the Return of a Messenger, and no Business is now proceeding upon, I hope I have given no Offence.

425. (L.) John Dailey , otherwise John Peterson, otherwise Walter Gahagan , was indicted for forging a certain deed, purporting to be a true power of attorney from John Barnes , with intention to defraud William Williams , and publishing the same, knowing it to be false . February 8 . *

William Williams. I have known the prisoner about three quarters of a year, then he went by the name of John Barnes , and said himself it was his name: sometime about the beginning of January last, I think it was, he told me he had taken out a letter of administration on the effects of his brother Robert; he applied to me to take this letter of administration out of a person's hands where he said he had left it for 15 s.

Q. Did he say what this Robert Barnes was?

Williams. He said he was a marine ; he also said he himself wanted to go to sea; and that he was very poor, and wanted money to get some cloaths for that purpose ; and that he'd make me a power of attorney to act in his stead. I took this administration out of the person's hands he mentioned, and paid for it 15 or 16 shillings ; and after that he at different times has had to the amount of forty shillings and upwards ; he made me a letter of attorney, and this is it (holding one in his hand, sign'd John Barnes .)

Q. Did you see him sign it?

Williams. I did, I saw him write John Barnes upon it.

Q. Did he seal and deliver it?

Williams. He did, as his act and deed, empowering me to receive his money; he said he was administrator, and I was to be attorney to him.

Q. to Charles Harding . Look at this power of attorney, do you see any of your hand-writing there?

Harding. ( he looks at it.) This is my writing, that is my name as a subscribing witness.

Q. Did you see this executed ?

Harding. I saw the prisoner execute this, he sign'd and delivered it as his act and deed.

(The power of attorney read in court, in the usual form, empowering William Williams of Broad-street, victualler, true and lawful attorney.

Dated Feb. 8, 1753.

Sign'd John Barnes .

Sealed and delivered in the presence of

Charles Harding )

Alexander Sutherland . I have been acquainted with the prisoner a long time.

Q. What is his name?

Sutherland. His name is John Dailey ; but I have heard his mess-mates call him John Poor.

Q. Did you ever hear him go by the name of John Barnes ?

Sutherland. No, never till about a month ago.

George Smithson . I know the prisoner very well, and have done so for four years.

Q. What is his name?

Smithson. His name is John Dailey as far as ever I could find. I have been often in company with him, and he has gone by a great many names as that of Poor and Mac Daniel , when he and I were consorts together, he took upon him the name of John Peterson , and administered for such a man; after that he and the consorts could not agree about it; they said, let us have a larger sum: then one William Lloyd pull'd out the copy of the ship's books, and said to me, do you go for one brother, and I'll go for the other. Dailey, the prisoner, agreed to it; he never knew the name Barnes till the copy of the ship's books were shewn to him.

Q. How long was that ago?

Smithson. This was about twelve months ago. I had share of the money he took first, and was to have had a share of this.

Q. from the prisoner. Where is Lloyd now?

Smithson. He is off, and we cannot find him.

Q. Did you know a John Barnes that was brother to Robert Barnes ?

Smithson. No, my lord, I do not.

Prisoner's Defence.

My real name is John Barnes ; and have belong'd to several of his majesty's ships in the late war; but having deserted my ship, I changed my name in order to avoid punishment. I am brother to Robert Barnes .

He produced no evidence to prove it, or to speak to his character.

Guilty , Death .

426. (L.) Thomas Rummings was indicted for stealing one silk handkerchief, val. 10 d. the property of William Waller , July 28 . *

William Waller. As I was coming down Ludgate-street , July 28, between four and five in the afternoon I saw the boy take my handkerchief from my pocket, I laid hold on him immediately, and secured him.

The prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

427, 428. William Richards , and Ann the wife of John Dust , were indicted, the first for that he on the 10th of July , about the hour of two in the night of the same day, the dwelling-house of Richard Burchel did break and enter, one copper pot, val. 7 s. one copper tea kettle, val. 3 s. the goods of the said Richard, in the dwelling-house did steal ; and the second for receiving the said goods well knowing them to have been stolen *.

Richard Burchel . I live in the parish of St. George, Hanover-Square , and am a house-keeper; on> the 10th of July my house was broke open, and I lost a copper-pot, val. 7 s. and a tea-kettle, val. 3 s.

Q. What time did you go to bed over night?

Burchel. I went to bed between ten and eleven.

Q. Was all fast then?

Burchel. All was fast; but when I got up in the morning about five I found my door open.

Q. How was that fastened ?

Burchel. It was not lock'd, but fastened with a string twisted round a nail.

Q. Why do you charge the prisoner ?

Burchel. He was taken up by a watchman, on suspicion of robbing another house, and to the constable and the watchman he had confessed the robbing of mine; so they brought him to me, and he told me before them, that he and two others had got over the wall into my garden, that they found the door only fastened with a string, which they cut with a knife.

Q. Did you observe the string to have been cut?

Burchel. It was cut; he said they took the copper pot and tea kettle from out of the places where they had stood, describing the places.

Q. Did he say what time of the night it was when they got in?

Burchel. He did, he said it was between three and four in the morning; he told us likewise he had carried the things to Ann Dust , the other prisoner, and that she had carried them to one Mary Goddard , and sold them. We took a search warrant, and search'd Mary Goddard 's house, we did not find them there, but the next day we found them at another pawnbroker's, where Mary Goddard had pawned them. Then we took up Ann Dust.

Q. Did she confess any thing ?

Burchel. She owned she carried them and sold them to Mary Goddard , but she knew nothing where they were.

Q. Did she say she knew them to have been stolen ?

Burchel. No, my lord, she did not.

George Elkins . I am constable, this man was taken up as a disorderly fellow, and committed to Bridewell: As we were going along he confessed to me that he, and two others, that morning had entered two houses in that neighbourhood. I asked him to go and shew me the places ; he went with me, and shewed me at the prosecutor's, how he got over the wall; he also mentioned their taking the copper pot and tea kettle, and a saucepan which we did not find.

Prosecutor. I lost a sauce pan at the same time I lost the other things, but as we did not find it, so I did not lay it in the indictment.

Elkins. Then the prisoner went and shewed us the other house they broke into.

Q. What do you know of Ann Dust ?

Elkins. I took her up upon his mentioning that she said the thing for him; she confessed she sold the pot to Mrs Goddard for four shillings; we went and search'd Goddard's house, but could not find any of the things; and Goddard denied she had any such thing; but we found the next day that she went and pawned them to Mr. Gunston herself; she is now upon bail.

Q. Did Ann Dust say she knew the goods to have been stolen?

Elkins. No, she did not.

The prisoners had nothing to say in their defence.

To the character of Ann Dust .

Ann Robertson . I have known Ann Dust ever since I was a child, and she is a very honest woman.

Francis Ward . I have known her twelve years, she is a very honest sober woman.

Mary Finch . I have known her five years, she is a very honest woman so far as I ever heard.

Mary Sunderland . I have known Ann Dust seven or eight years, she is a very honest woman; she came in with the pot to Mrs. Goddard's. Mrs. Goddard kept the pot and kettle till she went to the person that own'd them, and then she bought them. When the constable came to search the house, the pot and kettle were then in the house.

Elizabeth Ireland . I have known Ann Dust 20 years and upwards to be an honest woman, and one that never wrong'd any body.

Mary Pearce. I have known her twenty years, and never knew any dishonesty by her.

Richards guilty of felony only , Dust Acquitted .

[Transportation. See summary.]

429 (L.) Edward Johnson was indicted for that he, together with John Wood , not yet taken, on the 5th of September , about the hour of two in the night on the same day, the dwelling-house> of Lydia Cole , widow , did break and enter, with intent the goods of the said Lydia to steal, and taking three silver tea spoons, val. 3 s. one copper tea kettle, val. 5 s. one copper saucepan, val. 3 s. the property of the said Lydia . ++

Richard Cole . I live in Seething lane, my mother went out of town, and desir'd that I'd lie at her house on Tower-hill ; on Wednesday night, Sept. the 4th, my wife and I went there between eleven and twelve o'clock, I took a watchman, whose stand is near, to the door with me to light a candle. I opened the door, got a candle lighted, then shut the door and double lock'd it, and we went to bed. I took the key in my hand. After I was in bed and asleep I was awaked with a sort of a noise that I thought to be the creaking of the hatch at the door; I was in a very great fright, having heard it several times, and once I determined if I heard it any more to get up; but presently I saw a light come into the room, and a man with it.

Q. Do you know that man ?

Cole. I can't swear to the prisoner's face, he had a whitish coat on such as the prisoner has on now,

Q. What time of the night was this ?

Cole. This was between two and three in the morning. I made a motion to arise, but my sear overcame me, so I lay in a violent fright till I saw that the man was going to reach a dish off the table in the room, upon that I jumped out of bed, the man ran down stairs immediately, and I after him; I had an opportunity to have taken him, but I did not care for that, fearing he had got a knife, so I let him get out of the house; he ran down Tower-hill way, and I call'd out, Stop thief! stop thief in a white coat! I went near the ern, where the watchman was, who told me he saw him, so he and another watchman followed him; they secured and brought the prisoner to the watchhouse. I had word brought me they had got him there, so I went, and to the best of my memory he is the man that was in the room, for I lay in bed and look'd at him some time ; he had a blue apron on, which he said belong'd to his wife, and upon observing it, it appeared to be double and was a bag. (produc'd in court. )

Q. Did you miss any thing about the house?

Cole. I missed three silver spoons.

Q. When did you see them last?

Cole. I lay there by myself on Tuesday night; they were there then, and nobody had been there between that time and this night. There was a tea kettle and saucepan before standing on the cistern, which I afterwards found at the street door, in the inside the house. I carried the prisoner the next day before justice Richards, and he was committed.

Q. Had there been any voilence done to the key hole or lock of the door?

Cole. No, there were none, the door was opened either by a key or picklock.

Q. Did you bolt the door ?

Cole. No, I did not.

Thomas Scruce . I am a watchman, it was my hour to stand at Postern Row, till three o'clock; while I was there in my stand I heard the cry, Stop thief! I went out of my stand without my lanthorn, and heard a foot come padding in the dark quick towards me, I said, Stop, whoever you be. Then I took the lanthorn out of my box, after which I heard the cry, Stop thief! a man in a white coat. I said I saw such a man running. so I run round the hill after him, he turn'd towards my box again, and I took him near it and secur'd him; he put his hands in his pockets: I said keep your hands out of your pockets, or I'll knock you down, perhaps you have a knife. I call'd to another watchman, there came two, so we carried him to the warehouse. I went to Mr. Cole's house to bring him to give charge of the prisoner to the officer of the night; he told me at his house that the man which was in his room had a white cape coat on. When he saw him in the watch-house he said, that is the man, I'll swear to his coat. He looks on the blue bag, this was found on the prisoner, and a knife we took out of his pocket. Note, the knife was ground at the point, like that of a glazier's, fit to take out a pane of glass. We carried him before justice Ricards, and he committed him. As Mr. Cole said he had had a light, we went to look about where the prisoner had ran for a dark lanthorn, my partner found a bunch of picklock keys, and a wrenching iron, near Mr. Cole's house.

John Jones . I am a watchman, facing alderman Bethell's house, on Great Tower-hill, Mr. Cole and his wife came to his mother's house between eleven and twelve o'clock at night, I was sitting in my box, he borrowed my lanthorn, and I went with him to the door, he opened it with a key, and took a candle and lighted it at mine; he went in and shut the door, I heard it lock, then went to my stand again. When the clock went twelve I went my round, and knock'd at the door, which was fast as usual; a little after two I heard the cry, Stop thief! I went out of my box with my lanthorn and staff, and said, Where! Mr. Cole said, he is just gone out of my house, and gone down the hill in a white coat and coloured handkerchief, I ran directly that way; said another watchman, here he is coming this way: then I saw the glimpse of him running towards the watchman ; I run, and we got him between the watchman and I, with his back towards me. I saw him putting his hand towards his pocket; the other watchman said, if you have got a knife, or offer to draw it, I'll knock you down: then we both secured him, and carried him to the round-house. The watchman said to me, where is the gentleman that call'd out, I said it was Mr. Cole; we went for him, there was a kettle and things standing on the inside the door, he came to the watch-house and said the prisoner at the bar was the man that had been in his room, and said he could swear to his coat.

Q. Did you see Mr. Cole's door open when you was with him there to light his candle?

Jones. I did, there was no kettle there then.

- Morris. I am a watchman, on that morning after we broke up the watch, I was told this man had a light in the room, so I said, let us look about for a dark lanthorn where he ran, we went and look'd about till day light, we found the picklock keys here produced, and a wrenching iron lying with them.

Mary Cole . I am wife to Richard Cole ; I was asleep when the prisoner came into the room, Mr. Cole jumping out of bed, and calling out stop thief, awakened me, I saw a light go down stairs which Mr. Cole followed, but I saw no man; I was most terribly affrighted.

Q. Do you know any thing of the tea spoons being missing?

Cole. I put three silver tea spoons on the mantle-piece on the Tuesday morning before, and never saw them afterwards.

Q. Where was the tea-kettle and saucepan standing before this ?

Cole. They were standing on the cistern, and when I got up, after the man had been there, I saw them standing at the house door within side.

Q. to Richard Cole . Are you certain as to the prisoner ?

Cole. I am satisfied he is the man by his wig and coat, and a coloured handkerchief which he had on.

Q. How far did you see him running after he was out of the house ?

Cole. I saw him run down the hill and then lost sight of him.

The watchmen Scruce and Jones being asked, if they saw any other man come by that way about that time besides the prisoner, answered they did not.

Q. to Cole. Could you see the watchman's stand from the house you was at.

Cole. I could, and the prisoner must go by it.

Prisoner's Defence.

I had been at Bartholomew fair, and happened to meet a small acquaintance, one John Wood , with whom I went and drank a pint of beer; he invited me home to his house, and we went to an alehouse near where he liv'd, at the bottom of Tower-hill, where we stay'd till between 12 and 1 o'clock; he struck a light and went home, and said to me do you intend to go home to-night, I said yes. He said, I believe I can put some money in your pocket; said I how? He said there is a house just by where the people are gone out of town; I said I don't care to be concerned, but he over perswaded me. I said, which way can you open the door; he said he had keys that would open; but I never saw the keys till I was carried before the Justice. Wood went and opened the door, and was gone in some time, he had struck a light. came out again, and said he in bed and desired man's room. which, I got out of bed and Guilty , Death .

430. (L.) Francis Whitmore , was indicted for stealing one silk handkerchief, value 4 s. the property of John Steward , privately from his person . ++

John Steward . One day, about the latter end of July; I was upon the Royal-Exchange ; one Mr. Mills, came up to me, and asked me, if I missed my handkerchief, I felt in my pocket and found it gone; he said, if you will follow me, I can point out the man that has stole it; I went along with him, and found my handkerchief in the prisoner's hand: (Produced in court and deposed to.) I asked him how he came by it, he said he found it at his feet, and was looking out for the proper owner; I called an old servant that was there, and ordered him to secure the prisoner; he was brought before Sir Henry Marshall , there were eleven other different handkerchiefs, two books, and other things, found in his pockets, then he was committed.

Mr. Mills. One day, about the latter end of July, I was standing upon the 'Change; I saw the prisoner at the bar come and take Mr. Steward's handkerchief, and pull it about half way out of his pocket; then he went past aim, and came back again and pulled it quite out, and walked away, there was a gentleman by me, said I to him, there is a man has picked Mr. Steward's pocket of his handkerchief; he said, if you'll call Mr. Steward, I'll look after the fellow; I went and asked Mr. Steward, if he had not lost his handkerchief, he felt, and said he had, I took him to the prisoner, he had got it then in his hand.

Q. to Mr. Steward. What is the value of the handkerchief ?

Steward. It cost 5 s.

Prisoner's Defence.

As I was going along on the Exchange, I trod upon something, I looked back and saw it was a handkerchief. I went back and picked it up, I never put it in my pocket, but kept it in my hand to see for the owner. Guilty 10 d .

[Transportation. See summary.]

431 Joyce, wife of Robert Topping , was indicted for stealing three cloth coats, value thirty shillings, one cloth waistcoat, two stuff damask waistcoats, four linnen shirts, four linnen aprons, seven linnen caps, two pair of shift sleeves, two pillow cases, one silk gown, value three pounds, one callimancoe petticoat, one cotton gown, one cotton bed gown, one hat, one peruke, one pair of stays, two pair of breeches, ten linnen handkerchiefs, and one silk bonnet, the goods of Sebastian Domingo , in the dwelling-house of John How . August 21 . *

Sebastian Domingo. I lodge in St. Anne's , at the house of John How ; on the 21st of August I lost the goods mentioned in the indictment, from out of two garrets, and the next day I found one of my handkerchiefs at the pawnbroker's.

Mary Domingo . I lost the goods mentioned in the indictment out of our house, on the twenty first day of August (she mentions them all by name): part of the goods were mine, and part my brother-in-law's; his were two shirts, one waistcoat, and one pair of breeches.

Richard Jackson , The prisoner at the bar desir'd I would lend her 6 d. to redeem this handkerchief out of pawn, (producing one) which I did, and she brought it and deliver'd it to me.

Q. to Mary Domingo . Is this one of the handkerchiefs, which you lost at the time you mention ?

Mary Domingo . It is, my lord.

The prisoner had nothing to say in her defence.

Guilty 3 d .

[Whipping. See summary.]

432. (M) Isaac Lyons , was indicted for stealing two gold rings set with stones, value eleven shillings, one pair of sleeve buttons, value one shilling, one silver Four-pence, and one silver Three-pence , the goods and monies of Eleanor Collier , August 1 . ++.

Eleanor Collier . I live in Brown's Gardens, on the back of Monmouth-Street ; last August was two years I lost the things mentioned in the indictment; the prisoner then lodg'd in my house for two or three days, I suspected him, his wife told me he took the things, and also where he had left them for money with one Mr. Maddox and Mr. Redhead. I went and found them all but the buttons, then I took the prisoner up and carried him before the justice.

Q. Did he own any thing?

Collier. No, there he denied it.

Francis More . The prisoner lodged in my house between two and three years; he ow'd me some money which I asked him for; he said he had no money, but would give me a ring belonging to his wife, which had a green stone in it.

(The Ring produc'd in Court.)

Q. to E. Collier. Look at that ring, do you know it?

E. Collier. It is my property.

John Maddox . I am an officer in the Marshalsea Court ; last Friday I was at justice St. Lawrence's, the prosecutrix and prisoner's wife were there, and wanted a search warrant to look for the things mentioned in the indictment; the justice desir'd I'd go with the constable, which I did to Mr. Redhead's; we told him we were come for a ring brought by the prisoner, which he went and fetch'd. (Produc'd in court and depos'd to by the prosecutrix.)

William Redhead . The prisoner and his wife were used to come to my house about two years ago, and I lent him five shillings upon this ring.

Q. to Prosecutrix. By what particular marks do you know that ring?

Prosecutrix. It has no particular mark, but I am certain it is my ring.

Prisoner's defence.

She swore before the justice that she lost the things three years ago, afterwards she said two years, and I can prove that I was then in Newgate for debt.

To his Character.

Margaret Whitehouse. I have known the prisoner nineteen years, and never knew him to do any harm, nor ever heard an ill character of him.

James Stewart. I have known the prisoner at the bar about these two years, and he always bore the character of a very honest man.

William Jackson . I have known the prisoner at the bar these ten years, and never heard any bad character of him in all my whole life.

Martha Lee . I have known the prisoner these twenty years, and never heard he wrong'd any body in my life.

Q. Have you seen him in common within these two years?

Martha Lee . I have seen him go backwards and forwards in the street very often.

James Mac Halfpenny . I have known the prisoner about five years, and never knew any thing ill of him, I have been often in his company.

John Hudson . I was committed to Newgate, July last was two years for an assault, and afterwards was released. The prisoner at the bar was there when I was there, and eight months after that.

Guilty .

[Transportation. See summary.]

433. (L) Thomas Redbourn was indicted for stealing one dead goose, val. one shilling , the property of James Roberts , Aug. 11 . ++

The prosecutor lives in Tower-Street , and is a poulterer ; the prisoner took the dead goose out of his shop, he was pursued, be drop'd it, and was taken up, and be stop'd and secured.

The prisoner had nothing to say in his defence.

Guilty 10 d .

434. (L.) Joseph Allen was indicted for stealing a mahogany tea chest, value seven shillings and six-pence, three tin cannisters, value two shillings and six-pence , the goods of William Hopkins .

July 23 . ++ Guilty .

[Transportation. See summary.]

435. (M.) Eleanor Harris , spinster , was indicted for stealing two cotton handkerchiefs, val. 3 s. one muslin handkerchief, value 1 s. three linnen caps, value 1 s. 6 d. and half a yard of muslin value 1 s. 6 d. the goods of Henry Wallace , July 27 . *.

Elizabeth Wallace . I am wife to Henry Wallace , we live in Long-Acre ; on the 27th of July I lost the things mentioned in the indictment, and found one cotton handkerchief at Mr. Bray's a pawnbroker, who is here in court.

Robert Affleck . The prisoner brought this handkerchief to our house to pawn, I lent her 9 d. upon it (producing one.)

Q. to the Prosecutrix. Is this your property?

Prosecutrix. It is my lord, one that I lost at the time before mentioned.

William Bray . (He produces a handkerchief made of silk and cotton.) On Tuesday evening last, the prosecutor came to my house for a handkerchief, pawn'd in the name of Eleanor Harris ; I search'd about and found it pawn'd for 1 s. 6 d. I gave it to her, she said I am not Eleanor Harris, she is in goal, it is my handkerchief, and I must give you the trouble of attending the court.

Q. to the Prosecutrix. Look at that handkerchief Mr. Bray produced, do you know it?

Prosecutrix. It is my property.

Guilty 10 d.

[Whipping. See summary.]

436. (M.) Thomas Williams , was indicted for stealing sixteen pounds weight of lead, value 2 s. the goods of Sir Marmaduke Wyvill , Bart. fix'd to a certain dwelling house , Sept. 3 . ++

Robert Goading . On Monday last an evidence that is here, (Binion) came to me and told me he saw a man on a house that belonged to Sir Marmaduke Wyvill , taking the lead off from the window; I went there, and ordered him to bring two men with him, which he did; I ordered him to go in at the street door: as soon as they got in, they open'd the back door, and let us in, we went up stairs; there I saw some lead lying on the landing place, I then went up into the garret and found nothing there; then we went into the gutter, thinking to find the thief, but I was called down and told he was got out at the window; we took him, (it was the prisoner,) and carried him before justice Frelaing.

Q. Did he own any thing ?

Goading. No, he did not; when I was in the house last I saw the lead in its proper place.

James Binion As I was at my father's house last Monday between three and four in the evening, I saw the prisoner at the bar on this house, it is opposite to my father's, he was taking the lead from off the middle garret window; I saw part of his body out at the window; then he came down to the one pair of stairs window and put his foot on the lamp-iron, which gave way. so he fell into the street: then he said he had broke his leg, I went and assisted him.

Q. Are you positive the prisoner is the man?

Binion. I am, my lord.

Eleanor Barrass . I live servant in great Ormond-street , near this empty house were the lead was removed ; I saw the prisoner at the bar with his head out at a window towards the street, he was taking off the lead; he did not take it quite off while I looked at him, it was fast at one end.

Q. Why did not you watch him till you saw him take it away?

Barrass, I thought he was a labourer employ'd there.

Prisoner's Defence.

I know nothing at all of the matter.

Guilty .

[Transportation. See summary.]

437. (L.) Matth.ew Gaul , was indicted for willful and corrupt perjury .

>There was no evidence given against him. Acquitted .

438. (L) William Walker , and William Clifit , were indicted for that they, together with one Thomas Harris , did conspire together, to charge Michael Murray , George Coullice , Hugh Horan , and William Harding , with having committed a felony and robbery .

It appeared to the court, upon the council's debating it, to be no conspiracy at all, and the prisoners were acquitted, without going into the evidence .

William Peers , John Stockdale , and Christopher Johnson , were executed pursuant to their sentence on Monday the 23d of July; the first was anatomiz'd , and the two others were carried from Surgeon's hall and hung in chains near the place where they did the murder

John Fish , convicted in May sessions, William Corbet , John Ayliff , and Thomas Collingham , convicted in June sessions; T. Twinbrow , , and J. Williams , convicted last sessions, were all executed on Monday the 6th of August.

, convicted in June sessions, received his Majesty's pardon, upon condition of his being transported for seven years.

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

Received Sentence of Death 5.

Edward Johnson , Mary Rimas , John Harris , Philip Wilson , and Hannah Wilson .

Sentence Respited 1.

John Dailey , otherwise John Peterson, otherwise Walter Gahagan.

Transportation for 14 Years 1.

Mary Murphy .

Transportation for 7 Years 25.

John Holmer , Thomas Chapman , Joseph Allen , Ann Jones , Edward Nichols , Thomas Rummings , Francis Whitmore , Ambrose Pearson , Esther Odew , Catherine Blackbourn , Thomas Durbam , Francis Pl , Ann Humphrys , John Price , James Bignol , Mary Fury , Mary Hadley , Thomas Williams , Isaac Lyons , Thomas Brooks , Michael Read , James Murphy , John Kirkwood , William Richards and William Palmer .

Whipt 5.

Thomas Nichols , Elizabeth Riland , Joyce Topping , Eleanor Harris , and Mary Barnes .

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