Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 29 July 2014), December 1753 (17531205).

Old Bailey Proceedings, 5th December 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 Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th, of DECEMBER.

In the 27th Year of His MAJESTY's Reign. NUMBER I. for the Year 1753. BEING THE First SESSIONS in the MAYORALTY of the Right Hon. Thomas Rawlinson , Esq; LORD-MAYOR of the CITY of LONDON.

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 THOMAS RAWLINSON , Esq; Lord Mayor of the City of London, the Right Honourable the Lord Chief Justice WILLES *, Sir THOMAS DENNISON , Knt. + Sir SIDNEY STAFFORD SMYTH, Knt. || HENRY MORETON , Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer for the said City, and County of Middlesex.

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

London Jury.

Thomas Noel ,

Henry Bodicote ,

Edward Chandler ,

William Boyce ,

John Basdine ,

John Collison ,

Thomas Wriglesworth ,

Richard Huson ,

John Basands ,

Henry Brown ,

Peter Astee ,

John Parminster .

Middlesex Jury.

John Lowrey ,

John Wood ,

Christopher Blinkhorne ,

John Sugg ,

William Nightingale ,

Stephen Hore ,

John Robinson ,

John Coulson ,

John Leach ,

William Holmes ,

Rice Evers ,

Richard Hand .

1. (M.) William Emott was indicted for stealing one cloth coat, val. 10 s. one cloth cloak, val. 1 s. 6 d. the goods of John Morgan , Nov. 23. ++.

John Morgan . I left the Things mentioned on the 23d of November. I can only say they are my Property. The Prisoner and they were brought back to me by the next Witness to be examined.

Samuel Pedley . I live in the same House the Prosecutor does. I saw the Prisoner come out at the Door. He had this Coat and Cloak in his Apron. I stopp'd him, he threw down the Cloaths; I took them, and brought him and them to Mr. Morgan.

Prisoner's Defence.

I was a little in Liquor, and did not know what I was about.

Guilty 10 d.

[Transportation. See summary.]

2. was indicted for stealing 9 s. 6 d. in Money , the Money of Richard Bright , to which he pleaded Guilty .

[Transportation. See summary.]

3, 4, 5. (M.) Joseph Barker , William Broughton , and Henry Buye were indicted for stealing two Pair of Leather Gloves, Value 2 s. the Goods of James Parks . Oct. 25. ||

All three Acquitted .

6. (M.) John White was indicted for that he, in a certain Alley or open Place on the King's Highway, on Elizabeth Venesal did make an Assault, putting her in corporal Fear, and Danger of her Life, and taking from her one Cloth Cloak, Value 2 s. the Goods of Elizabeth Gilham , Widow; one linen Apron, one silk Handkerchief, one silk Hat, one Pair of Shoes , the Goods of the said Elizabeth Venesal , Dec, 4 . +

Eliz. Venesal. I live in Charles Court, with Mrs. Clavering. On Thursday Night last about Eleven o'Clock, in One Tun Alley by Hungerford Market , the Prisoner came behind me and knock'd me down with his Fist. He took my Apron and Handkerchief, Hat, Cloak and Shoes from off me. I was carried to the Round House on the Watchman's Back, and there saw the Prisoner.

William Hudson . I live in One Tun Alley, and coming home I heard a Tussel; there the Prisoner had got the Woman down, stripping her of her Petticoats. I laid hold on him, and asked what he was doing, and called the Watch. I asked him what he did it for; he said she was his Wife and was drunk, and it was no Business of mine. The Watchman took Charge of him, the Woman lying on the Ground. She was without her Shoes, Hat, Cloak, or Apron; a Watchman carried her to the Watchouse along with the Prisoner, and I went there with them. I did not see the Prisoner have any Thing in his Custody.

Q. to Prosecutrix. Were these Things taken away before you was knock'd down or after?

E. Venesal. I had them on before I was knock'd down. I don't know whether this Man took them or not.

Q. Are you his Wife?

E. Venesal. I never saw him in my Life before.

Prisoner's Defence.

I have Evidences here to prove that she was turned out of a House drunk.

George Brown . I am a Watchman there, and found this Woman in a very drunken Condition standing at Mr. Brown's Window, the Sign of the Ship in One Tun Alley. I desired her to go home, she had not a sensible Word to give me, but fell down. She got up and was not able to go. I went and called the Hour again; she was there. I also saw her after that at the Hours 10, 11 and 12. At half an Hour after 12 o'Clock Mr. Hudson sent a Watchman to call me to his Assistance.

John Hulit . I am a Watchman, and was at the other Witness's Stand when Hudson sent for him; I went with him. There lay the Woman on the Ground, and Hudson had hold on the Prisoner; the Woman was very drunk, and the Cloak lay under her. I put it about her Shoulders, and carried her to the Watch-house.

Q. Did you see the Prisoner had any Goods?

Hulit. No, none at all.

Acquitted .

7. (L.) Ann Monk , Spinster , was indicted for stealing one silver Spoon, Value 5 s. one linen Gown, Value 5 s. one Pair of Stays, one Apron, one Petticoat, two linen Caps, one Woman's Beaver Hat, one Yard of silk Ribbon, one Child's Dimitty Waistcoat , the Goods of John King , Dec. 2. ++.

John King . I am a Publican , the Prisoner had been my Servant about five Days. She went out on the 2nd of December, and in about an Hour's Time I had two or three People come, who told me I had been robbed. I went with them to the House of one Morgan, a Lodging House in Golden Lane. There lay all the Goods mentioned in two Chairs. The Prisoner was there; she burst out a crying, and asking Forgiveness owned the taking the Things away. The Things produced in Court and deposed to. I sent for an Officer, after which before him she owned the same as before; then I took her before an Alderman, where she owned the same.

Mary Thorne . I was in the House of Morgan at the Time, and heard the Prisoner own to the taking of the Things.

Prisoner's Defence.

I was very much in Liquor when I took the Things, or I had not done it.

Guilty .

[Transportation. See summary.]

8. (M.) John Smith was indicted for the wilful Murder of Brian Henlen . He likewise stood charged on the Coroner's Inquisition for Manslaughter, Oct. 20 . ++.

Patrick Kernan . I live at the Sign of the Two Chairmen in Old Paved Alley, St. James's . On the 20th of October the Prisoner and his Wife came in and called for a Pint of Beer, and a Dispute arose between one Nicholas Potts that was in the House and the Prisoner; the Deceased came in and called for a Halfpennyworth of Gin. He said to Potts, Why do you keep such Company as this? The Prisoner's Wife said she was as good as he, or any there; he damned her for a Bitch. Then the Prisoner and the Deceased laid hold of each other, I can't tell which struck first; they had two Falls, and the third the Deceased's Head fell against the Fender. Then he was taken up and carried to the Hospital, where he lived three Weeks and two Days after this. I saw him about four or five Days after this happened, and asked him how he did: He said he thank'd God he was a great deal better than he had been, and that (only for his Head) he should be well in a Week or ten Days. Have you, said I, any Animosity against the Man that hurt you? No, said he, I have not, I'll assure you; had I not been in Liquor I should not have meddled with any Body whatsoever.

Q. Was he in Liquor?

Kernan. Yes, he was, and the Prisoner very much. They have known each other some Time. The Deceased said he freely forgave every one.

Patrick Gready . I was drinking along with the Prisoner at the Time the Prisoner and Potts had some Words; the Prisoner's Wife got up and took her Husband's Part, and the Deceased coming in he took Potts's Part, and called the Woman Bitch. Then the Prisoner got up, and laying hold of the Deceased said, what Business have you to call my Wife Bitch? Then they fell to it. They had three Falls, the last of which the Prisoner's Head came against the Fender. As to Blows, I don't know which struck first; the last Fall they fell both together.

Nicholas Potts . I and the Prisoner had Words first; the deceased came in and asked me what was the matter, I said only some words; I saw the struggle that ensued, they both fell together the third time, I can say no more than the other witnesses have said.

John Gowan . I am a surgeon at St. George's hospital; I remember the deceased's being brought in; he had a wound about an inch and a half long on the left side his head, probably it was done by his falling on the sender.

Q. Do you think that hurt on his head was the cause of his death?

John Gowan . I should rather think not; he had other bad symptoms; some time after he was attacked with a fever.

Q. Might not that arise from the wound on his head ?

John Gowan . I should think not; the bone was not defected, there was no coagulated blood after the skull was opened, nor any fracture, and the wound was in a healing state; I did not attend him the whole time he was there.

Brian Riley . I visited the deceased almost every day in the hospital till he died; I was there when they cut his flesh, they cut much away, the wound was very bad, and he took his bed immediately after that.

Prisoner. What the witnesses have said as to the quarrel is truth.

Acquitted .

9. (L.) Elizabeth Scofield was indicted for stealing two pewter plates value 15 d. the goods of William Monday , November 10 . ++

Elizabeth Monday . I live in New street; the plates here produced are my plates; she has often come to my house; I know nothing ill of the prisoner.

Henry Joseph . The prisoner at the bar came to my house the 10th of November very much in liquor, and offered these two plates to sell; she told me her name, and I seeing the letters and mark did not answer it, suspected her and stopped her; and being informed she had been seen to come out of Mr. Monday's house several times, I sent to his house, and his wife came and owned them.

George Needham . I am constable; I was sent for; Mr. Monday gave me charge of the prisoner, and she was sent to the Compter; she was very much in liquor.

Prisoner's Defence.

I know nothing of the plates, no more than I do of my dying hour.

She called four witnesses, who gave her a very good character.

Guilty 10 d.

[Whipping. See summary.]

10. (L.) Jane wife of Peter Lenard was indicted for stealing three shirts, three shifts, three aprons, and a pair of brass candlesticks , the goods of John Smith , November 27 .

++ Acquitted .

11. (M.) Stephen Barnes was indicted for that he on the 4th of November , about the hour of eleven in the forenoon, the dwelling-house of John Purford did break and enter, no person being therein, and stealing out thence one guinea, the property of the said John. ++

John Purford . I live at Sunbury ; the prisoner came to my house on Sunday the 4th of November, and asked for work; I told him I had none; I said you want victuals; he said I do, for I have no money; I let him have some; then my wife and I set out for church, and he went part of the way with us; then he dropped us, and went into a public house; when we came back we saw somebody had been in at our window; I missed a guinea, went to his father's house at Brentford, and asked him if he came back to my house after we left him; he said he did, and took a pane of glass out of my window, got in and broke the cupboard door open with his knife, and found two guineas and two half crowns, out of which he took only one guinea; I took him before justice Bever at Hammersmith, where he continued in the same story in my presence; he said he had changed it at a chandler's shop at Twickenham; he had seven shillings and odd about him, the rest he said he had laid out, except four shillings that he gave his mother.

Elizabeth Purford . When we came from church I saw some dust lying under the window, I mistrusted I had been robbed, looked for my money where it had lain in the cupboard, and missed one guinea.

Elizabeth Dean . I saw the prisoner under the window that day about eleven o'clock, and asked him what he did there; he said he was waiting till Mr. Purford came from church.

Sarah Bonnit . I saw a golden guinea in the prisoner's hand as I was passing by him at Hampton, this was on that same day between eleven and twelve o'clock; he wanted to get it changed.

Benjamin Barnfield . I went with the prosecutor to the prisoner's father's, and heard him confess as mentioned by the prosecutor.

Richard Oxland . On the 4th of November the prosecutor came into my house the king's arms at Isleworth; he inquired where the prisoner was to be found; I went with him to Brentford, and heard the boy confess the breaking the window, going into the house and taking one guinea out of the cupboard.

Prisoner's Defence.

He said he would not hurt a hair of my head if I would confess. I am but 13 years of age.

Guilty Death . Recommended to mercy.

12 (M.) Mary wife of Jeremiah Foreman , was indicted for stealing one linen shirt, two linen aprons, two cotton aprons, one muslin cap, one linen hood , the goods of Joseph Walters , December 2 . ++

Joseph Walters . I live in Spittle-fields ; my wife informed me that last Sunday between two and three o'clock she had seen a woman come out of our house; I pursued her and took her in the next street, with the goods mentioned in the indictment. Produced in court and deposed to by the prosecutor's wife, and that they were taken from the garret where they were hanging up to day.

Guilty .

[Transportation. See summary.]

13. (M.) Thomas Oliver was indicted for stealing one silver watch value 30 s. the property of John Wright , December 4 . ++

John Wright . I live in Fetherstone buildings; Holborn; I lost a silver watch, and it was found again at Spencer's a pawnbroker's, the woman that pawned it informed me where it was; the prisoner had been in my house the day it was lost, which was last Tuesday; upon which I suspected him and took him up, and before the justice he owned that he took it, and sent Cassandra Mold with it to pawn it for a guinea. I have employed him fourteen years, and never knew him guilty of any thing before this.

Cassandra Mold . The prisoner employed me to pawn this watch, and I carried it and pawned it at Mr. Spencer's in Holborn for a guinea, and delivered it to him. I was with him before the justice, and heard him own he stole it.

Diana Butler. I am servant to the prosecutor. The watch was hanging upon a nail in the kitchen; the prisoner was employed by my master, and was in and cut there; I did not see him take it, but missed it soon after he was gone out, which was about half an hour after four o'clock.

The pawnbroker Samuel Spencer who had the watch, did not appear with it. and his recognisance was ordered to be estreated.

Prisoner. I know nothing of it.

Guilty .

[Transportation. See summary.]

14. (M) Mary Cradock Spinster was indicted for stealing one linen gown value 6 d. one pair of worsted stockings value 6 d. one silver buckle value 1 s. 6 d. the goods of John Whitehead , November 27 . ++

Ann Whitehead . We live in Drury lane ; I am daughter to John Whitehead . She produces the goods mentioned in the indictment. These are my wearing apparel, except the stockbuckle which is my father's. I saw John Ishar take them from the prisoner, they were taken from out of our house, but I did not see her take them.

Q. What is the value of the silver stock buckles?

A. Whitehead. It is worth 1 s. 6 d.

Guilty of stealing the stock buckle .

15. 16. (M.) Ann and Elizabeth Smith Spinsters were indicted for stealing one linen gown value 5 s. two cloth cloaks, one linen apron, three pair of ruffles, ten linen caps, three silk ribands, one linen handkerchief, four silk and cotton handkerchiefs, three linen tuckers, four pieces of linen worked with needlework, one dimity petticoat, three pair of cotton stockings, one calimancoe skirt of a coat , the goods of Joseph Wilkin , October 26 ++

Joseph Wilkin . I sell milk , I took Elizabeth Smith upon liking from out of St. Martin's workhouse, to be an apprentice in last October. Ann Smith came to my house, and wanted employment; we took her in; my wife and I went out with milk the 26th of October in the afternoon, and left the two prisoners in the house, we returned about six, and found the doors all open and the things and they gone; I found some of them at James M'Daniel's in St. Giles's on the 30th of October, and some I found at a pawnbroker's.

John Fell . I am a pawnbroker at the three blue balls in Denmark street St. Giles's. On the 29th of October Ann Smith and James M'Daniel came to me, and she offered these things to pledge, a child's cap, a child's apron, a child's shirt, produced in court. I lent them 8 s on them.

Prosecutor. These are my property.

Ann Smith 's Defence.

I came away before my sister, she came afterwards and brought the things, she is about eleven years of age.

Ann Guilty .

Elizabeth Acquitted .

[Transportation. See summary.]

17. (M.) Walter Bedford was indicted for stealing one pair of linen sheets value 5 s. the goods of James Webster , October 27 ++

James Webster . I live in high Holborn ; the prisoner lodged with me; I missed the sheets off his bed, and charged him with taking them, he confessed he had; I took him before the justice, where he confessed the same, and where he had pawned them. The justice ordered a warrant, and we went and found them. [The sheets produced in court by Nicholas Middleton a pawnbroker, who deposed he received them of the prisoner at the bar; the prosecutor deposed to the sheets as his property.

Prisoner's Defence.

I was out of work, and have several small children, and having no money pawned them in hopes soon to have money to redeem them again.

Guilty 10 d.

[Transportation. See summary.]

18. (M.) Ann Stowman widow was indicted for stealing one camblet gown value 5 s. one double laced cap, one pair of stays, one quilted petticoat, one silk handkerchief, one linen handkerchief, one linen bed gown , the goods of John Bradshaw , November 18 . ++

Mary Bradshaw . My husband is a butcher, we live in the house of Peter Jones my brother; the maid went up stairs, and came down and told me there was a woman in my room; we went up and found the prisoner there drest in my cloaths with a bundle in her apron, and there was another parcel she had bundled up.

Q. Had you ever seen her before?

Mary Bradshaw . No never. We sent for a constable and took her to the justice; she had on the cloaths mentioned in the indictment.

Q. Did you bundle the cloaths up which you found?

Mary Bradshaw . No, I did not. The goods she had on produced in court and deposed to.

Elizabeth Kempster . I live servant in the house; I went up to make the bed, and saw the prisoner there; she said my mistress sent her up; I went to ask my mistress if she sent her, she said no; so we went up, and found the cloaths on her here produced.

The prisoner had nothing to say for herself.

Guilty .

[Transportation. See summary.]

19. (M) Charles Owres was indicted for stealing one handkerchief made of silk and cotton, value 6 d. one duffel cloak, value 6 d. the goods of Elizabeth Curtis widow ; four printed handkerchiefs, and one book of common prayer , the goods of Sarah Clifton , November 1st .

No evidences appearing, their recognizances were ordered to be estreated, and the prisoner was acquitted .

20, 21, 22. (M) John Briant , John Plastow , and Ann Rowley spinster , were indicted for stealing one perriwig value 30 s. the property of Thomas Burdett , one perriwig value 20 s. the property of William Adams , one perriwig value 10 s. the property of Jonas Hannoway , one perriwig value 10 s. the property of George Bickham , in the shop of Richard Tench , November 1st. ||

Richard Tench . I am a perriwig-maker; on the first of November I lost four perriwigs out of my shop, belonging to Thomas Burdet , William Adams , Jonas Hannoway , and George Bickham ; I have found Burdet's and Hannoway's again, one in Elmose's possession, the other in one Gordon's possession; I know nothing against the prisoners.

John Hall. I was one concerned with the prisoners; Briant went into the prosecutor's shop, I held the door, and Plastow stood at the door, but Ann Rowley was not there; Briant took four perriwigs in his pocket, we carried them to Rag-fair; but I was taken up and carried to Gaol, and do not know how they disposed of them.

Bryant's Defence

I met this Hall in Rag-fair, he desired me to go and take a walk with him, saying he knew where to get some things; but I would not go with him.

All three acquitted . ||

(M.) Briant was a second time indicted for stealing two linen shirts, Value 7 s. the Goods of Matth.ew Hoyles , and two linen shirts, value 7 s. the goods of Benjamin Collins , Nov. 11 .

Guilty .

[Transportation. See summary.]

23. (M.) William Hyan was indicted for stealing three guineas, one half guinea, and 9 s. 6 d. in silver , the Money of Thomas Cockerill , Sept. 20 . ++.

Thomas Cockerill . I lived servant to my Lady Betty Mountague . The prisoner being almost starved I took him into the stable and gave him victuals and money, and let him lie in the loft; in a chamber joining to the lost I had a box in which I kept my cloaths, and other things. One morning about the 20th of September , I had let him have the key to go out to help another man in the stable. When I was got up he was missing; then I missed my money from out of my box, three guineas, one half guinea, and 9 s. 6 d. I inform'd his father at Hampstead, who came and went with my brother after him towards Stratford-upon-Avon. My brother did not go quite there; the father return'd and brought me a guinea and half, and 1 s. 6 d. from the prisoner, as part of what he had taken from me. About a month after this the prisoner came to London again and was taken and had before the justice. There he denied it, but own'd it to me and the justice's clerk.

Thomas Bingham was call'd and did not appear, and his recognisance order'd to be estreated.

The prisoner in his defence said he did not break open any lock.

Guilty .

[Transportation. See summary.]

24. (M.) Richard Denton Peat was indicted for stealing one silk handkerchief, value 4 s. the property of Anthony Wright , privately from his person , Nov. 1. +.

Anthony Wright . On the first of November about seven in the evening, I was three or four doors from Catharine-street in the Strand , talking to my fellow servant , who was in a coach, and I standing by the side. I felt a hand in my pocket, and turning saw the prisoner take my silk handkerchief from my right pocket. I ran after him, and took him; there were two others with him, and I believe he gave it to one of them. He was never out of my sight till taken. I searched him, but did not find my handkerchief.

Prisoner's Defence.

I was coming along the strand, and neither touch'd or saw his handkerchief.

Guilty 10 d.

[Transportation. See summary.]

25. (M.) Thomas Warner was indicted for stealing five linen shifts, value 6 s. eight linen caps, value 6 s. four linen caps, val. 12 d. the goods of Ann Sopp , Nov. 1. +.

Guilty .

[Transportation. See summary.]

26. (L.) Sarah, wife of John Page , was indicted for stealing one pewter quart pot, val. 10 d. the property of John Green , Nov. 9 . +.

Acq.

27. (L.) Mary Richmond , Spinster , was indicted for stealing one silver watch, val. fifty shillings, the property of John Cross , privately from his person , December the 1st . +.

John Cross . On the first of December I had been at a merry-making at the sign of St. Andrew's Cross, facing St. Andrew's Church, Holbourn; and coming home I overtook two women at the Royal Bed, the corner of Fleet Market ; this was between ten and eleven o'clock at night. I pass'd them about fifty yards, and stopping to make water the prisoner came up to me, and asked me whether I would give her any thing to drink. I asked her for what? she said it was very cold. I put my hand into my pocket; I had but three pence, and gave her three halfpence. She then went up to a publick house in Poplin's Alley, and asked me to go in with her; I did not go in. She came out again and went from me a little while, a minute or thereabouts. I was then going about my business, but presently after heard somebody cry halloo. I stopt and the prisoner came up to me again, and said. What have you got to say to me? Have you a mind to have a touch or no? I said I had got no more than three pence. She said, D - n you, what is that! I said I had got no more. Well come, says she, I'll give you a toss off for that; so I gave it to her; she came fumbling up against me, and with that I directly miss'd my watch.

Q. How do you know you had the watch at that time ?

Cross. I am sure I had; for just as I came out of the publick house in Holbourn, I look'd to see what it was o'clock.

Q. Did you feel the prisoner put her hand in your pocket?

Cross. No, I did not feel her take it.

Q. How soon did you miss it?

Cross. I miss'd it before I parted with her, and charged her with having it. I search'd her and rumbled her about as much as I could, but did not find it; here is a witness that found it. She said she was big with child, and desired I would let her alone. I was going to leave the watch with her, thinking not to be exposed; but the next witness came up and said, Young man, what is the matter? I told him I had lost my watch, and desir'd he would search her. I saw him search her, and saw the watch drop from between her legs, and the glass was broke in the fall.

James Leaver . I live just by the place where the prosecutor lost his watch. I was coming by and search'd the prisoner, when laying hold on her elbow the watch dropt from her. I saw it upon the ground, and the next witness Priest took it up.

Charles Priest . I heard the watch drop from her, I took it up from between her feet, and gave it into Mr. Leaver's hand. The glass was broke when I took it up, as I apprehend, by the fall.

William Mears . The prosecutor and the two last witnesses came into our watch-house on Saturday night last; he said he had been robb'd of his watch. He produces the watch.

Q. to Cross. Is that your watch?

Cross. Yes, my lord, I am certain it is.

Prisoner's Defence.

I was going down the side of Fleet Market, having been drinking, and got a little more in my head than one should have. The prosecutor was standing up making water; he turn'd round, and took he'd on me by the skirt of my gown; he ask'd me to drink a dram. I went and got one, and coming out again he said, Where are you going? He offered me a shilling to be concerned with me, and when all came to all he had not got one; but he said he would give me his watch to hold till he was concern'd with me.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

28, 29. (M.) Benjamin Hill and John Sherman were indicted for privately stealing 29 gallons of Brandy, val 11 l. and 24 gallons of rum, val. 9 l. the property of John Mason in his warehouse , Nov. 1 .*.

It appeared by evidence, that the house wherein these liquors were was an empty house which the prosecutor had to let for his landlord, and that in that house were deposited divers things for the use of carpenters and bricklayers that work'd for the estate; and that they frequently had the keys to go in and out for their tools, and other things; there being no positive proof that the prisoners were the men that took the liquors, (there being others that constantly went in and out) they were acquitted .

30. (M.) Christopher Woodland was indicted for that he, on the 3d of December , about the hour of nine at night, the dwelling house of James Gahagan , did break and enter; three linen shirts, val. 4 s. one pair of blankets, val. 5 s. one linen counterpane, two smoothing irons, four candlesticks, four plates, and a pair of metal shoe buckles , the goods of the said James in the said dwelling house, did steal, take and carry away. ||

James Gahagan . I live at Saffron Hill . On Monday night last a little before eight o'clock I went out, and coming in again a little before ten found the padlock taken off from my door, and the stock lock broke; my house was fast before I went out. I found a strong chissel in the house, with which I suppose it was broke open; I miss'd the things mention'd. One Mrs. Jones that keeps a broker's shop in Broker's Alley, sent to me the next day, and told me she had the things; I went there and received them. The prisoner was taken and carried before Justice St. Lawrence, who ask'd him how he came by the things. He said he was at the house with some other company, that he held the bag while they put them in, and that it was the first fact. I took the buckles from him; they were wrapt up in his apron.

Mary Jones . I live in Broker's Alley by Drury Lane. The prisoner and another person with him came on Monday last, about four o'clock in the afternoon, to my house, and asked me if I would buy some things. I asked where they were, and they said they would bring them presently; they went away, and coming again at nine o'clock brought the things. I told them I could not look at them that night, for it was too late; they came to me the next day for the money or the goods. I bid them go to some place and stay a little; they went to a publick house by Long Acre, where I went to have them stopt. When I stopt the prisoner the other ran away, and the prisoner then said he brought the things from a house on Little Saffron Hill. I said, How did you come into the house? He said there was a fellow that broke open the door, and that he went in afterwards and put them in the bag, and brought them away. I then sent a man to Saffron Hill to inquire what house was broke open. He found the prosecutor talking that his house was broke open; he brought him with him, and they took the prisoner to Justice St. Lawrence's.

Prisoner's Defence.

Tis the first fact I ever did in my life; I did this for want.

Guilty of felony only .

[Transportation. See summary.]

31. (M.) Mary Crawley , otherwise Flood , spinster , was indicted for stealing one stock bed, val. 15 s. one boulster, val. 3 s. one rug, val. 3 s. two blankets, val. 2 s. 6 d. and one linen shirt, val. 2 s. 6 d. the goods of Bryan M'Gaughlan , Nov. 2 . ||

It appeared by evidence that the prisoner, the prosecutor, and the prosecutor's brother, who went for the prisoner's husband, all lived in a house together, and that they were going to part by agreement. The prisoner was to have one bed, and take lodgings for herself; and she by mistake took the wrong bed. There being no proof that she did it with intent to steal it, she was acquitted .

32. (M.) Jacob Harbutt was indicted for stealing a hog, val. 12 s. the property of Thomas Forrest , Nov. 5 .

|| Acquitted .

33. (M.) Jane Rebecca , otherwise Handford , was indicted for stealing one pair of silver spurs, val. 15 s. one linen gown, val. 8 s. one diaper napkin, val. 12 s. two aprons, val. 2 s. two pair of stockings, val. 8 d. and one linen shirt, val. 4 s. 6 d. the goods and chattels of John Watson .

++ Guilty .

[Transportation. See summary.]

34. (L.) James Markham was indicted for stealing twelve pounds weight of sugar value 3 s. the goods of persons unknown, November 3 .

+ Guilty .

[Transportation. See summary.]

35. (L.) George Rudd was indicted for stealing four pounds weight of ginger , the property of persons unknown, November 19 .

++ Acquitted .

36. (L.) Ann Newman , Spinster , was indicted for stealing one linen gown value 2 s. one quilted petticoat value 1 s. 6 d. and one table cloth value 6 d. the goods of Charles Sunderland , and one silk gown, a green stuff petticoat and a bonnet , the goods of Mary Togin , Spinster , November 23 .

++ Guilty .

[Transportation. See summary.]

37. (L.) Stephen Fielder was indicted for stealing eight pounds weight of copper value 8 s. the goods of persons unknown, November 22 d.

++ Guilty .

[Transportation. See summary.]

38. (M.) Luke Bates was indicted for the wilful murder of George Willet . He likewise stood charged on the coroner's inquisition for manslaughter, November 18 . ++

John Clarage . I live in High Holbourn; the prisoner and deceased agreed to meet at the King's Head in Tottenham Court Road , where they met and fought. They were to fight for a guinea each. I was there and saw it; they shook hands before they began, and I don't think they had malice against each other.

Q. Was this money to be spent?

Clarage. I heard nothing of that, not being at the first agreement, but heard of it at the time of their fighting. The deceased died in about nine hours after the battle. They fought at nine, and he died about six in the afternoon.

Q. Were they sober when they fought ?

Clarage. They were.

Q. Was the deceased's death owing to any bruises he received?

Clarage. I can't say any thing to that. He was bruised very much about his breast, which I believe the prisoner gave him; the prisoner was bruised very much.

Q. Were they near of an age?

Clarage. Yes, two strong young fellows; the deceased was very well before he began to fight.

Q. When was the agreement made to fight ?

Clarage. The same morning about eight o'clock.

Richard Jones . I saw the beginning of the battle. The deceased was very hearty and well before they fought; they said it was a fix'd battle. They shook hands before they sought. As soon as it was over the deceased lay on the ground; they neither of them spoke a word. I saw no appearance of malice any farther than striving to beat each other. I carried the deceased out of the field.

Thomas Smith . I saw the deceased on the Friday before they fought, which was on a Monday. Willet said the first time he saw the prisoner he'd give him a punch on the head if he would not fight him, and he'd throw him behind the fire and burn him. I saw the battle, and the deceased about an hour or two after the battle; but never heard him speak, and believe he died of his bruises then received.

Prisoner's Defence.

The deceased challenged me.

For the Prisoner.

John Rowbottom . I saw the battle, and believe the deceased died in consequence of that battle. I saw them in Cheapside the Saturday before; they had words, and I saw the deceased turn and shake his hand at the prisoner; the prisoner said, Do you threaten me? The deceased was a very quarrelsome man; had it been on the stones he must have kill'd the prisoner, I believe he threw him fifty times.

Guilty of Manslaughter .

[Branding. See summary.]

39. John Rimes was indicted for gilding, washing and colouring over a six-pence, with intent to make it pass for a piece of coin of this realm call'd a half-guinea , Aug. 1 .

No prosecutor appearing against him he was acquitted .

40. (L.) William Griffith was indicted for stealing three blankets, val. 10 s. two linen sheets, val. 11 s. two pillow cases, val. 1 s. 6 d. the goods of Henry Biggs in his ready furnish'd lodgings , Nov. 1 .

++ Guilty .

[Branding. See summary.]

41, 42. (M.) Robert Keyes , and Grace Grannet , spinster , were indicted for that they, in a certain field or open place near the king's highway, on William Nash , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two half-guineas and 7 s. 6 d. in money number'd , Nov. 10 . ||

William Nash . On the tenth of November last I went into Great Warner-street, Cold Bath Fields. I went in at the Red Lion and call'd for a pint of beer; the two prisoners were there, and ask'd me to give them some beer, which I did. I wanted to know my way to Mount Pleasant , and they said they'd shew me the way; this was about eleven at night.

Q. What time did you go into that house?

Nash. Between ten and eleven they went to shew me my way; but they took me just the contrary way, and went towards Sir John Oldcastle's. I said, Sure this is the wrong way, upon which Keyes tripp'd up my heels, and took my money out of my pocket, which was one guinea, two half guineas, a 4 s. 6 d. piece, and three half crowns. They both had their hands in my pockets. She said, his buckles are silver, take them; he pull'd off one of my shoes, and she the other. They took my hat and wig, which I begg'd for again; but Keyes said, I'll knock you on the head if you make a noise.

Q. Did you know them before?

Nash. I never saw them before that night to my knowledge.

Q. Was you sober?

Nash. Yes, I was. Then they ran away, and I after the woman as far as Black Mary's Hole, and took her; she never was out of my sight. I could see him also running when at some distance, and he was taken the next day by her directions. She confess'd before Justice Chamberlaine that he and she went out together while I was sitting in the alehouse, and she said to him, The man has got money in his pocket, let's rob him.

Richard Parrot . On the tenth of November I was constable of the night, one of our watchmen was coming from Sir John Oldcastle's; just after one o'clock he assisted the prosecutor in bringing Grace Grannet to the watch-house. The prosecutor had neither hat, wig, or shoes on; he said she and a man had robb'd him. I ask'd her what she had done with the man's things. She said he wanted to have been rude with her, and so she had robb'd him. She said, His hat is in the ditch; I sent the watchmen out to see for it, going along they found a shoe without a buckle. Produced in court and deposed to by the prosecutor. And on the bridge near the dead wall they found his hat. When these things were brought back I ask'd her what she had to say then? Then she said the man in company with her his name was Bob, but she did not know his other name, having been but a fortnight with him. We carried her to Bridewell, and the next day we found Keyes at St. Giles's, where she directed us; we carried them to Justice Chamberlaine, where they both confessed the fact, and sign'd it. He produced two half guineas and three half crowns sealed up by the justice, which were taken out of a tobacco box which Keyes confessed he took from the prosecutor.

John Buckingham . I am clerk to Justice Chamberlaine. He produced the examinations and voluntary confessions of the two prisoners, which were read in court; in which each of them own'd the robbery in the manner the prosecutor before deposed.

James Elmore . As we were coming back from the justice's Grannet said she unbuckled one of the prosecutor's shoes, but could not get it off, and said, Bob, do you pull off the shoes, and take the buckles, for they are silver.

Scarbrow confirmed the testimony of Elmore, being there at the time.

Keyes's Defence.

The prosecutor and Grace Grannet went in at the Red Lion together, I was there. He called for a pint of beer, and after that laid down a shilling on the table, which she took up and put in her bosom. He asked her what she did that for? She said, My dear, you know we must have fire and candle. They agreed to go home and lie together; then he laid down another shilling, which she took also, and made an excuse to go out to make water; he went out, and came in again, then he pull'd out more money. She said to me, Bob Keyes , he has two half guineas in his pocket, and we have none to buy us any victuals on Sunday, let us rob him. I said we had better let it alone; she then took him into Spaw Fields, and all the way we went she persuaded me to rob him. I never saw him before.

Grannet's Defence.

On the king's birth-day at night the prosecutor coming by the door, he and I made a bargain to go to the Red Lion to drink; he there made a bargain to go home with a woman and lie with her all night; he laid down money, she took it up, this was done several times, and then she went out: then he offered Keyes half a crown to shew him the way to where he lived; he carried him up into the field, then he put his foot between his feet and tripped him up, and took his money out of his pocket and ran away, and left me behind; I do not know how much money he took.

Q. to Prosecutor. Did you and this woman go into that house together?

Prosecutor. No, my Lord, she was there when I went in.

To Keyes's character.

Elizabeth Brown . I have known Keyes a summer; he is a very honest hard working lad; I never heard any ill of him.

Thomas Humphrys . I have known him ever since he was a year old, and never knew any ill of him before.

Rober Vandermine. I lodge in Mrs. Browning's house, were Keyes did last June and July; I have sent him of errands, and trusted him with money and goods, and he never wronged me.

John Wells . I was at his christening; he worked had for his living; I never knew any harm of him.

Both guilty Death .

43. (M.) John Clark was indicted for stealing one pocket book value 3 s. and one promissory signed under the hand of Walter Galley , value 11 l. 10 s. 6 d. it being due and unsatisfied for, the property of James Daniel Hubert , privately from his person , October 27 . +

James Daniel Hubert . I live near Lothbury; On the 27th of October I came down the Strand at about ten or eleven o'clock at night to go home; I did not miss my pocket book till I got near home; there were several letters in it, and a note due to me for 11 l. 10 s. 6 d.

Q. What time did you get home?

Hubert. It was then almost day-light.

Q. Was you sober?

Hubert. I was not; but was quite sober when I got home.

Q. Did you call any where by the way?

Hubert. I believe I did.

Samuel Poarch . The prisoner confessed to me and Charles Blackwell , that he stopped the gentleman in the Strand and took hold of his arm with one hand, and with the other he took out his pocket book, and gave it to another man behind him.

Q. Where was he when he confessed this?

Poarch. In Newgate.

Charles Blackwell confirmed the testament of the last evidence.

George Needham . I am constable: On the information of one Plank we went and took up the prisoner; and found in his lodgings this book and note here mentioned in a drawer, as Plank had before informed us. Produced in court and deposed to by the prosecutor.

Q. to Prosecutor. When was this note dated?

Prosecutor. It was dated in August last, payable six months after date, for value received.

Prisoner's Defence.

I found the book in the Strand.

Acquitted .

44. (L.) Richard Hutton was indicted for returning from transportation before the expiration of his time .

The records of his conviction were produced and read in court. See Number 412. in alderman Alsop's mayoralty; his former trial for breaking the dwelling house of Edward Salmon in Chancery-Lane, and stealing two saws; he was found guilty 4 s. 10 d. and ordered for transportation.

James Aylomer . I am turnkey of Clerkenwell Bridewell, and know the prisoner at the bar; I was attending this court when he received sentence to be transported.

Q. How come you to be particular to the prisoner?

James Aylomer . I have locked him up in our house a great many times : we took him the Friday in last sessions, and carried him to my house; he owned to me at that time that he had sentence of transportation passed upon him, and that he went abroad.

Q. Who was the first that apprehended him?

James Aylomer . I was in the court yard in the Old Baily, and was told there was one Richard Hutton that had come from transportation, they asked me if I knew him; I said, yes, and then went and called Mr. Norden who was over the way, and told him that Hutton was returned from transportation, and that I could go and take him directly if he would go with me: we went together to the further end of Creed lane, then into a yard, and into a house, where he was sitting by the fire.

Q. Who directed you to that house?

James Aylomer . A woman in the yard; we took him and put a pair of thumb screws on him, and took him to a public house, from whence we carried him that night to Bridewell for safety, and afterwards he was committed to Wood-street Compter.

William Norden . I was at the apprehending of the prisoner, and was in court when he received sentence to be transported for stealing some saws from a carpenter's in Chancery-lane, but did not see him carried to be transported.

Henry Peale . I was not here at the trial, nor when the prisoner received sentence. The day after he was taken I went to Clerkenwell Bridewell and saw him, and said I was sorry to see him; he told me he was taken up for returning from transportation before the time, and that it cost his father thirteen guineas and a half, and they let him go; I asked him what ship he went over in, he said the Greyhound; I asked him who went with him, he said Penprice was one that went with him and died in the voyage.

William Palmer. I went on the Saturday morning with Mr. Peale to Bridewell, and saw him there; he told me he was taken once before by Brebrook and young Pinchell, and that his father raised thirteen guineas and a half, and they let him go. I knew him before, having seen him once tried in this court.

Prisoner's Defence.

When I was taken by these people and carried to the public house, they accused me with the fact, and told me if I would raise a friend they would let me go; my father had not money to give them, so they took me to gaol. Norden said before my lord-mayor that he was not sure of my being the person.

Guilty Death .

See him tried twice before, Number 70. in Sir Samuel Pennant 's mayoralty, and 516. in alderman Blachford's.

45. (M.) Elizabeth Armstrong , Spinster , was indicted for stealing ten table spoons value 30 s. six tea spoons, one pair of covered shoes, and one game handkerchief , the goods of Decima Davis , Spinster , October 25 . ||

Decima Davis. I live in Sir James Dashwood 's family; we were out of town, and these spoons of mine mentioned in the indictment, were left in a chest of drawers, they were all in a paper rolled up together; the shoes mentioned were in one of the drawers, I cannot say whether it was the same drawer.

Q. When did you go out of town?

Decima Davis. I went out in May and returned in October. I left the drawers locked when I went out, and found them so when I came home. Upon missing a petticoat, in searching about I missed several other things, and amongst them the spoons, a pair of shoes, and a gauze handkerchief.

Q. Whose drawers were the spoons in?

Decima Davis. They were in Sir James's drawers, but I had the use of them. The spoons produced in court and deposed to.

Mrs. Stonehouse. The prisoner lived in the capacity of a house-maid to Mr. Searle, who lived in Sir James Dashwood 's house: The spoons mentioned were missing; and the prisoner had not been strictly honest; we suspected her, so she was the first we searched; I took out of her pocket the spoons here produced, and then went and searched her box, and found a pair of satin shoes and a gauze handkerchief, the property of the prosecutrix.

Prisoner's Defence.

I took the spoons out of the drawer to look at them out of curiosity; but hearing people in the next room, surprized me, and I was obliged to put them in my pocket; as to the shoes and handkerchief I know nothing about them.

To her Character.

My Lady Boyer. The prisoner lived a year with me, during that time she behaved very soberly and honestly, at that time I thought her a good servant.

Mary Dandridge . I have known the prisoner about five years and a half, she always bore an exceeding good character of an honest young woman.

Benjamin Sherwood . I have known her between seven and eight years, and during that time she bore an extreme good character.

Herbert Jefferys . I have known her eight years, she always bore a very good character of an industrious honest girl; I never knew any ill of her before this.

Guilty .

[Transportation. See summary.]

46, 47. (M.) John Mason and John Welch the elder , were indicted, for that they, together with John Welch the younger, not yet taken, in a certain field or open place near the king's highway, on John Humphrys did make an assault, putting him in corporal fear and danger of his life, one silver watch value 4 l. one dead pig, one guinea, one halfpenny, and one farthing, his property , September 22 . +

John Humphrys. On the 22d of September going home to Islington about nine at night, I met a man, bad him a good night and he me; after which I walked about a hundred yards and met another man, who demanded my money, or he said he would blow my brains out.

Q. Did you see any fire-arms ?

Humphrys. I did not. I collared him and threw him down on his back: while I was tussling with him there came up another man and struck me over the head, I believe with a stick; he followed his blows after that I imagined with a hanger, and cut me in four places on my head; then he that attacked me first took me by my middle and threw me into the ditch; there I was stunned, and they rifled me; they took my hat and wig from my head, then my watch from my fob, a guinea, three farthings, a tobacco-box, spectacles and case, out of my pocket, and a dead pig which I had got for my Sunday's dinner. There I lay some considerable time in a gore of blood, feeling it come out of the knee of my breeches into my shoe. I got up upon the causeway very faint, and scrambled along, and in about five or six hundred yards met three men coming towards London, and begged their assistance, who saw me to my habitation though they were strangers to me. I cannot be certain to any of the persons that abused me; I believe the evidence here is the man that first demanded my money.

Hugh Kirvan Kirby. On a Saturday, I know not the day of the month, the two prisoners and myself and John Welch junior, met according to our appointment at the Blue Anchor in Bunhill-row; the two Welches and I had committed divers robberies together before, but Mason had not been with us, he being just come out of Newgate; he and I had done some idle things together before; we four went into the fields between Islington and London; there in a ditch Welch junior and Mason changed coats, then we went to the ladder-bridge about nine o'clock; we agreed two of us should stay there; so Welch senior and I staid there, John Mason went in the path Moorfield's way, and Welch junior went Islington way, both to be within our hearing; so that if a man came Islington way, Welch junior was to speak aloud to him and say, I wish you a hearty good night; and the other Moorfield's way was to say the same if he met any body: This was to be a signal to us at the bridge to know who to rob. Mason met Humphrys the prosecutor, and wished him a hearty good night, and spoke with a chearful voice that we might hear; the prosecutor came up, and I laid hold on him, but had a lame hand, having had it run through with a sword, so could not do much, and he got me down upon the causeway; I got him on his back in the ditch, and got his silver watch out in the struggle; but he would not give up his money to the prisoner; Welch took a hanger and pushed it at his mouth, which took him in the chin; I called out to him to let him alone, then Welch bid me cut his throat; I said there is no occasion, he is easy enough; then Welch junior said, two old women could have done the business sooner than you have.

Q. Did he come to you?

Kirby. No, he stood in his place; then Welch senior gave the prosecutor a stroke on the head first with a hanger, and after that with a stick; and he broke the stick and left part of it in the ditch; Welch took his money from him, but at that time he did not acknowledge it to us, but said he had no money. I staid a little while to search, and found he had a pig tied up in two cloths, which I took; after the next robbery Welch acknowledged he had a guinea and some halfpence from the prosecutor, and paid us.

Susannah Harvey . I lodged at the Two Brewers in Maynard street, I was out on a Saturday evening, and being come home asked a soldier who drawed beer there, where John Mason was.

Q. Why did you ask for him?

Harvey. Because I lived with him. He said he could not tell. In about half an hour after nine Mason came in and desired to speak with me; about ten o'clock or a little before, he bid me ask the woman of the house for some money, to fetch some things he had from a pawnbroker, that he might carry them to another where he said he could get more money upon them; I asked, and they lent it him; he took it and went out, and returned with some steaks, and said he had got more money at another place after that came in Kirby, and after him Welch the younger; Kirby desired Mason to drink with him, which he did; then Mason ordered me to go and make the bed, I went and made it. The next day I heard they had a pig roasted at one Sparrey's opposite the Two Brewers. I saw the head of it.

Mason's Defence.

On the twenty-second of September I went over to the Two Brewers in Maynard-street, and wanted that woman to ask the landlady to lend me fourteen shillings to take out some things which I intended to pledge in some other place for more money; this money was in halfpence, and they sent the soldier with me to see what I wanted it for. I went for the things in West-street, Seven Dials, and carried them to Mr. Bibby's, a pawnbroker; they lay for thirteen shillings, and Mr. Bibby lent me a guinea on them, after which we went into Clare Market, and got a breast of mutton, and some pork steaks; then we came to Mr. Reding's at the Two Brewers, and had the steaks dress'd. At that time I believe it might be about nine o'clock, and I borrowed the money about seven.

Q. to S. Harvey. Are you certain as to the time you mention?

S. Harvey. The child was sick at Mr. Reding's, and a man took out his watch to see about its time to take physick, and I know it was near ten when the money was lent Mason.

For Mason.

Thomas Bibby . I am a pawnbroker, and live in Stanhope-street. The prisoner Mason was at our house on the twenty-second of September, and left some things for a guinea. I know it was about two or three hours after we had lighted candles, but will not pretend to be exact to an hour.

Q. What time did you light candles then?

Bibby. I believe about five, and look upon it to be about eight when he came.

Court. At that time the fun does not go down till about six; do you light candles before the sun goes down?

Bibby. I cannot be exact as to the time.

To his Character.

Nathan Patterson . I have known Mason about five years. Nine months ago he lodged in my house, at the Sun in May Fair; he was there for about four or five months, we looked upon him to be an honest man.

Welch's Defence.

I was drinking in company at the same time this man says I was along with him.

For Welch.

Elizabeth Blake . Welch the prisoner sent for me about eight o'clock on the twenty-second of September in the evening to the Rose and Crown in Church-lane. I did not go there till about half an hour after eight, we drank three single pints of beer, and staid till half an hour or three quarters after nine.

Q. How came he to send for you?

Blake. I was acquainted with him and his wife, and had not seen him a good while before.

Q. What are you?

Blake. I have a trifle coming in from a relation, and live upon my earnings. I am not afraid of my character, but am a very honest woman.

Leonard Jones . I have employed Welch two years last February at times in mending sacks and filling coals, and believe that he work'd with me the day before he was taken up. He gave his attendance daily when there was work to do. I have trusted him with money divers times, and he never wrong'd me.

Thomas Wood . I have known him two years, and employed him in mending sacks, but never heard any thing bad of his character.

Richard Irons . I have known him two years, and have employed him in filling coals. I have trusted him to carry out bushels of coals, and he has always brought the money to me.

Richard Miles . I keep a publick house, which Welch used, he always behaved well and civilly in our house.

Elizabeth Kelley . He lodged at my house between four or five years. I have trusted him above twenty pounds, and have not got it yet.

Both guilty . Death .

There were two other indictments against them for highway robberies; but being cast upon this they were not tried upon them.

48, 49. (L.) George Clark , and Elizabeth Aubury , spinster , were indicted, the first for stealing one pair of laced linen ruffles, val. 40 s. three pair of laced linen ruffles, one silk vest embroidered with gold, one pair of silk stockings, one gold locket, one gold ring set with diamonds, one gold ring with a Mocha stone in it, and ten small diamonds , the goods of Simon Fraizer , Esq ; Nov. 13 , and the other for receiving them, knowing them to have been stolen . +

Alexander Wetherburn . I live in Pump Court in the Temple. The prisoner Clark was my servant , and I parted with him about the 13th of November. Soon after I miss'd some of my linen, which was under his care; about ten days after, a gentleman came and told me he heard I had been robb'd of many things by my servant, but he said, he knew I had lost more than I knew of, and that he came from my servant, and wanted to make up the injury to me as much as he could. I went to the prisoner in a house in Fleet-street, where he told me he had taken a great many things out of a chest; some wearing cloaths, some silk stockings, three or four laced waistcoats, ten or eleven pair of ruffles, laced and plain, a vest embroidered with gold, one or two gold rings, and other things which I cannot recollect; he told me the woman at the bar received them of him, and carried them to divers pawnbrokers. I went home and look'd at the chest, they were missing. They were left in my custody, and were the property of Simon Fraizer . I carried him to Justice Fielding, who granted a search warrant. The pawnbrokers will give a farther account.

Jacob Lawrence . I am a pawnbroker. One Margaret Shaw , an acquaintance of Aubury's, brought three pair of ruffles on the first and eighth of October, and a pair of old silk stockings; upon which I lent her a guinea.

Thomas Murford . I am a pawnbroker's servant. The woman prisoner brought this waistcoat to our shop to pawn, I believe, in October last. Produced in court. I lent 18 s. upon it.

Wetherburn. This waistcoat was in my custody.

Archibald Fraizer . I am brother to Simon Fraizer . That waistcoat is my brother's property.

Nicholas Middleton . I am servant to William Singleton , a pawnbroker; in October Aubury brought a gold locket, and said the hair in it was my Lord Lovat's hair, my master lent her 5 s. upon it, and also a gold ring.

Q. Did you ask her which way she came by it?

Middleton. No, I did not. Both produced in court.

Archibald Fraizer . These goods produced are my brother's property.

Q. from Aubury. Whether or not that gentleman has had money of Clark after I have pawn'd things for him at Mrs. Cooper's in Clare Market, and knowing the things were pawn'd for his use?

Fraizer. No, I never had any.

Clark's Defence.

Young Mr . Fraizer first brought me into all bad company.

To his Character.

Mr. Neal. I have known Clark from an infant, and never knew him to do a misbehaved thing till this.

Richard Sturdey . I have known him about four years, he has always behaved soberly, honestly, and civilly till this affair.

Welch Fox . I have known him between nine and ten years. I have trusted him to receive and pay money for me, and to post my accounts, but never heard an ill thing of him before this.

Uriah Boote . I have known him nine or ten years, and never heard an ill thing of him before this.

James Shepherd . I have known him eight years, he always behaved well, and was dutiful to his parents, before this.

Mr. Wetherburn. I'll do him justice, before this he had a very good character.

Aubury's Defence.

What I say will have no great weight, therefore I'll say nothing at all. I thought Clark was a very honest young fellow, and if he had brought a hundred pounds worth of things and desired me to have pawn'd them for him, I should. I always gave him the money they were pawn'd for. Once he said Mr. Fraizer had given him some silver lace which he wanted to pawn for him; having seen them in company several times, I thought Mr. Fraizer had ordered him to pawn them.

Clark guilty , Aubury acquitted .

[Transportation. See summary.]

50. (L.) Richard Bailey was indicted for stealing one silver pint mug, val. 50 s. the property of Thomas Hodgson , in his dwelling house , Nov. 16 . +

Thomas Hodgson . I live in the Minories at the Peacock, a publick house. On the 16th of November I lost a silver pint mug, but knew nothing of the losing it till it was found. The rest of the witnesses will give you a farther account.

Elizabeth Davis . On the 16th of November between 11 and 12 at night, I had set the silver pint mug in the bar, the prisoner came in and called for a quartern of anniseed. I had not enough above, so went down into the cellar to fill a bottle, then came up and served him, and he went away. Missing the mug in about three minutes after he was gone, I told my mistress of it; as he lived hard by she desired me to go to him. I went and sent for the watchman, who came with other assistance, and we found the prisoner up a chimney. After they had pull'd him down he was desired to produce the mug, he went to a closet and took it out, and gave it to Mr. Harding, who deliver'd it to Mr. Madding the constable.

John Madding . The prosecutor and myself were at the taking the prisoner, I desired him to give me the mug, he went to a closet, and from amongst some straw he took it out and gave it to Mr. Harding a silversmith, (who happened to be going by when we were going in, so went in with us) he deliver'd it to me. The mug produced in court and deposed to by the prosecutor. When the prisoner was at the watch-house, I asked him how he came by the mug, he said he took it out of Mr. Hodgson's bar.

The prisoner had nothing to say in his defence.

Guilty 39 s.

[Transportation. See summary.]

51. (M.) William Magee was indicted for stealing one half guinea , the money of Alexander Ross , Nov. 29 . ||

Mary Ross . My husband's name is Alexander; we keep a sale shop in Monmouth-street . The prisoner came to ask for a coat and waistcoat on the 19th of November, I bid him go into my parlour. I had before that laid a half-guinea on the corner of the bureau, and coming to him by then he had been there two minutes, look'd for it and miss'd it; he was then in the room. I charged him with taking it, he denied it and said I could not detain him without a constable, and used very bad words. I sent for a constable, and as we were going before the justice he took off his right foot shoe and took out the half-guinea, which he gave to the constable, and own'd that was the piece of money that he took from off the board.

Alexander Carnagey . I am constable. On the 29th of November I was sent for to take charge of the prisoner, the prosecutrix told me he had stole half a guinea from her, which I desired him to return; he said he'd give her half a guinea in silver, but denied the taking it. As we were going to the justice's he said if the woman would not hurt him, he'd give her the half-guinea, saying, it was in his shoe. He pull'd off his shoe, and taking out a half-guinea gave it to me, and said that is the piece that I took from off the bureau. We went to Justice Fielding, and there he own'd the same. The half-guinea produced in court.

Prisoner's Defence.

I was mortally in liquor.

Guilty .

[Branding. See summary.]

52. (M.) Frances Ellice , widow , was indicted for stealing one silver spoon, val. 4 s. the property of Humphry Grudgworthy and company , Nov. 20 . ||

Timothy Marshal . I am partner with Humphry Grudgworthy. We keep the Fountain Tavern , Catharine-street . About six weeks ago we miss'd a spoon and advertised it, and a piece of it was stopp'd. Produced in court, the bowl end broke about the middle of the handle, and another fellow spoon to compare with it. Here is the same silversmith's mark on one as the other; but not having the upper part, which was marked, it is difficult to swear to it. I charged the prisoner with it, she said she found it in the house, and sent a poor woman to sell it for her.

Q. How long had she lived servant with you?

Marshal. About three months.

Mary Lovel . I have the care of the plate. She looks at the piece of spoon. I believe this piece of a spoon belongs to my two masters; here is the same silversmith's mark upon it as on the others. The piece broke off should have on it, Fountain Tavern, Catharine-street in the Strand, as the rest have. I heard her own before the justice she found it in masters house.

Jane Lee . The prisoner came to see me, and said she had found a piece of a spoon in her master's house; I then desired her to give it to her mistress, but she wanted me to sell it for her. I carried it to a silversmith's by the Hay-market, and asked him if he would buy it; and said the person that found it lived at the fountain tavern Catharine-street; he stopt it and sent for Mr. Grudgworthy: so it was discovered.

John Lemon . I am constable; I heard the prisoner say she found the spoon in the seller, all over dirt.

Prisoner's Defence.

I found the spoon in the seller; it was very black and I cleaned it.

Acquitted .

53. (M.) John Robertson was indicted for that he on the king's highway on Elizabeth Keene , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one cloth cloak, value 10 d. November 22 . ||

Elizabeth Keene . On the 22d of November, between seven and eight o'clock in the evening, I had carried a pot of beer to my lord Harrington's stable yard; but coming back again, the prisoner stopped me and took my cloak, and I cried out murder.

Q. Whereabouts did he stop you?

E. Keene. Just against Cleveland court .

Q Did he say any thing to you?

E. Keene. No, he did not.

Q. Was it tied on?

E. Keene. No, it was pinned: When I cried out he took it, and threw it four yards from him; and a century came and took him.

Q. What did he say to the centinel?

E. Keene. He said do not tare my rags quite off.

Q. How near the place where he took the cloak, did the centinel take him?

E. Keene. About six yards off; I had just turned the corner.

Q. Was he ever out of your sight till taken?

E. Keene. No, he was not.

Q. What are you?

E. Keene. I am servant at a publick house.

James Copping . On the 22d of November I was centinel at the stable yard, and heard the girl cry out; I ran; she said she had been robbed by that man (meaning the prisoner) of her cloak. Then I laid hold on him.

Q. Did you see the cloak in his possession?

J. Copping. I saw it fall to the ground, but cannot say whether it was from her shoulder or his hand.

Q. What did the prisoner say for himself?

J. Copping. He said he did not do it.

Q. Was he searched?

J. Copping. He was; but we found no arms upon him.

Prisoner's Defence.

I was going home to my lodgings in Westminster; and am as innocent of what she charges me with as a new-born child.

Acquitted .

54. (M.) John Wytt was indicted for stealing ten pewter pint pots, value 5 s. and five pewter quart pots, value 2 s. 6 d. the goods of James Robertson , since deceased, October 27 . ++

Jane Robertson . I keep a public house in Holborn; I lost ten pewter pint pots and five pewter quart pots at different times; my husband is since dead. The prisoner was suspected, and taken up; and before the justice he confessed he took the pots mentioned; here is a quart pot he was taken with upon him. Produced in court and deposed to.

John Casteler . I am a soldier; and am quartered in the prosecutrix's house; she having lost many pots, we suspected the prisoner, who had been at our house; we missed a quart pot; I followed him and brought him back; he had it in his pocket.

Q. Did you hear him confess any thing?

J. Casteler. We took him before the justice, and he confessed taking all the pots mentioned.

Samuel Hall, Looks at the quart pat. I marked this pot with my own hand; it is the prosecutrix's property.

Q. What is the value of it?

S. Hall. It is worth a shilling.

John Stears . I went into the prosecutrix's house; she asked me if I had seen the prisoner; I said no; she said the soldier was gone after him; in a little time he brought him in, and I saw that quart pot taken from him; I was before the justice at his examination, where he confessed that he took this pot. I heard no more there, but at the prosecutrix's house heard him confess the taking all the pots.

Q. to Prosecutrix. Where did he confess the taking all the pots ?

Prosecutrix. He confessed that at my house, and before the justice too.

John Potter was along with Stears, confirned that of seeing the pot taken upon the prisoner, and also that of his confession.

Prisoner's Defence.

I did not take it out of the house; I had it out of the court, but not with an intent to take it away; I had it in my hand; and saw a friend, and went and called after him; so I put it in my pocket, and this man came after me, and I came back without any resistance.

Guilty .

[Transportation. See summary.]

55. (L.) Philip Gower was indicted for stealing one tenant saw, value 10 d. the property of John Case , November 24 ++.

John Case . I live in Fleetstreet , and am a carpenter ; on the 24th of last month I was sent for from home to my son, where I was informed the prisoner had been at my house and inquired for work; there they produced me my saw; this saw I saw that day in the morning lying in a basket in the middle of the shop.

John Case the younger. I live in White-friars, and am son to the prosecutor; the prisoner came to my shop on Saturday was sevennight to inquire for work; he pulled out this saw and said it was his; upon which I challenged it; he appeared to be very drunk, and said he had it up the Mediterranean sea, and my lord Albemarle's son would vouch it to be his property. I knew it when I was apprentice to my father, therefore sent for him; then I sent for an officer and charged him, and when he came before the sitting alderman, he said he knew nothing of the saw.

William Lock . I am an apprentice to young Mr. Case; and have seen the prisoner come to our house to ask for work several times; the prisoner swore in my master's shop it was his saw; but I know it to be my master's father's property.

Prisoner's Defence.

I bought that saw at the bottom of Fleet-market; a man asked me where he might get work, I said I was out of work myself; then he asked me to buy this saw, and asked me a shilling for it; I gave him ninepence for it, and he spent threepence and I threepence; then I went with it to Mr. Case's to ask for work.

He called two witnesses to his former character, who said he had a good one, but had met with misfortunes in the world, and they knew nothing of him lately.

Acquitted .

56. (M.) John Hambleton was indicted for that he together with Allen Lattey , since dead, did murder , September 17 . he was a second time indicted for that he together with Allen Lattey in the king's highway on Datleft Christopher Krause did make an assault, putting him in corporal fear and danger of his life, and stealing from him one watch, value 40 s. seven guineas and one half guinea, his property , September 17.*

James Edrop. I am servant to my lord Harrington; the deceased Krause lived with my Lord in the Capacity of Cook ; I saw him with his boots on at our country house at Petersham, on the 17th of September, in order to go to London that day.

William Clare . I live near Bloody-bridge in the king's road between Chelsea and St. James's park ; on the 17th of September I heard three fire-arms go off at about a quarter after seven at night.

Q. What did you judge them to be, guns or pistols?

W. Clare. I judged them to be pistols; I went out, but saw nobody; about half an hour after I met a party that had got the horse; I had seen the Cook ride by my house towards London a gallop about five or six minutes before the pistols went off.

Charles Rider . I live at the first gate in the king's private road; it is called the king's arms, but I have no sign up; it is next door to the duke's hospital.

Q. How far is that from Bloody-bridge ?

C. Rider. It is half a mile nearer London: on the 17th of September between seven and eight o'clock, came the deceased into my house; his coat and shirt were torn, and he in a vey bloody condition; I said what is the matter with you? he said I am my lord Harrington's cook; I have been robbed within two hundred yards of this house by two men in brownish cloaths; that he had wounded one of them in four or five places, but did not mention what parts of the body; that he had fired one pistol, and they two; that they got his knife away from him, and he got it again; he did not talk much.

Q. Where was he when he said this?

C. Rider. It was either as we were going to the hospital, or in my house; he said also that he lost seven guineas or seven and a half, and his watch. There were five men drinking a bottle of wine in the house; I said, gentlemen turn out. I helped them to some pistols, a blunderbuss and a highland durk, and they went out; the deceased wanted a surgeon to dress his wounds. I went with him to the Duke's hospital, and the first we saw was Mr. West.

Council for the crown. He is a quaker, and we cannot call him in,

Rider. A small time after in came Mr. Cleator, another surgeon, then I left them together, and went out to see after the five men, and had four more joined me; we went up the road with two candles, the other five had a lanthorn and candle, at about 445 yards from my house, towards Bloody Bridge, (I measured it) we found three pistols, a whip and two keys, two pieces of a sheaf of a knife, each piece about six inches long, about as broad as two fingers, and a long needle.

Q. Was you there when he was removed from the hospital to his own house?

Rider. I was, his house was in Brown's Court, near Grosvenor-Square. He was carried in a coach, and he cried out as the coach sway'd, I was in it, and hollowed out to the coachman to drive gently. He was taken out of the coach at Grosvenor's Gate, and carried home in a chair. He was show'd the things that were found, and owned one of the pistols, the whip and the keys; and he said he had a needle in his sheaf, but I do not know whether he was shewn that and the pieces of the sheaf. I went the next morning as soon as it was light, and called the surgeon's man up, and he call'd one of the surgeons. We went up the road, and found blood; a man that joined us there, had found the deceased's hat in a gravel pit.

Thomas Bragg . I live at the Coach and Horses in Dover-street, I was at a house called the King's Arms, in the King's Road, a little after seven of the clock, on the 17th of September, when the wounded person came in with both his hands holding his belly, his coat torn off one shoulder, and his shirt torn from the other, in a bloody condition, and no hat on. Mr. Rider said, what is the matter with you? he said he had been robbed by two men, about 200 yards up the road. Said Rider, gentlemen, turn out, and see if you can find the highwaymen, he reached me down a gun. The man said to Mr. Rider, for God's sake let me go to some surgeon, for I am very much wounded, and I believe I have wounded one of the men as much as they have done me. I went out first up the road, and lay down, imagining I should hear the man groan that was wounded, but heard nothing. I saw a horse standing with a bridle and saddle, and holsters, but no pistols. I brought him back, and met the others with a lanthorn, with which they were going to look for the thief or pistols, or what they could find in the road. I carried the horse to the deceased, he bid me take him to the Catherine-Wheel Yard, which I did.

William Philips . I was at Mr. Rider's on the 17th of September in the evening, between seven and eight o'clock, the deceased came in all in a gore of blood, holding up his belly, and said he had been robbed by two men, two or three hundred yards from that house, and that he wounded one of them, he thought mortally, so that he could not get off; then Mr. Rider said, gentlemen, turn out.

Wm Cleator . I am one of the surgeons belonging to the Duke's Hospital, on Monday the 17th of September, between seven and eight o'clock, the deceased came into our hospital wounded and very bloody. I asked him pretty fully about the affair as I was dressing him, when he gave me this account: He said, he was riding pretty briskly, and coming to the gate, a man immediately whipped out and catched hold on the bridle of his horse, on this he saw another man get out of the ditch, who came and took him by his left arm; then he took a pistol from his holster, and fired at one of them, but missed him. Immediately each returned the fire with small pocket pistols; they cried, down with him; they pulled him to the ground, just as he had seized the second pistol, but had not time to fire it; one of them forced it from his hand, and began to beat him with the thick end of it, (he had received a violent blow on the mouth, and four of his teeth were beat so that they stood inclining into his mouth; he had likewise a contus'd wound on his head, both which I thought might be done with the pistol) then he said, he thought of his cooking knife as he lay on his back, drew it out, and stabbed one of them, and made the best defence he could, saying, he was sure he had stabbed him, the blood immediately came flowing upon him; but they soon took the knife from him, that he catched fast hold on the blade of the knife, and regained it again, and stabbed him in another place, (he had received a cut in the joint of one finger very deep) but said, before he could make a third stab, it was catched from him again; then he catched it again with both hands, and also regained it, (his fingers were cut on both hands) then he stabbed him the third time; after which it was taken from him, and he regained it no more. Thus by his account he had given one of the men three stabs, I think he named the breast and belly, where he had given two of the wounds, and that there would be no difficulty in knowing them again by their marks; he said the man he wounded retired at a distance, and the other staid jumping on him; the other called to him and said, d - n him, I believe he has done for me, stamp his guts out, d - n him, a dog, murder him; and as he was lying on his back, the other man got on him, and jumped on him; and after they had continued that scene of cruelty some time, they left him, and he recovered himself, and got to Mr. Rider's. The deceased asked me in what condition I took him to be. At that time I could not discover that wound in the belly to be mortal. I told him I hoped he might do well: his principal complaint was of his bowels, occasioned by the jumping on him. When I went to see him the next morning, I then saw he was past all hopes of recovery: At that time I asked him some questions relating to his being hurt : He answered as before; and also told me over night, and in the morning, there is one of them I have not wounded with my knife, but I got his hand at my mouth, and bit either his finger or thumb.

Q. What time did he die?

Cleator. He died that day, being the Tuesday, about two in the afternoon : I opened his body before the coroner, and found the wound on the left side the stomach had penetrated the abdomen, and penetrated one of the small guts through and through.

Q. Did he say any thing about what sort of cloaths the two men had on?

Cleator. He said they had on darkish brown-coloured cloaths.

Edrop again. After we came home from Petersham; my lord desired somebody would go to the cook to see how he did, I went, this was on Tuesday about twelve o'clock, at which time he was bathing in a warm tub of water. I asked him how he did; he said, very poorly indeed. I said, I hear you drew your knife; he answered, I did, and wounded one of them with it in several places, (naming the thigh, the side of the belly and breast) and that he had bit one of them by the thumb or finger. When I came home I gave my lord an account of what he said to me. Soon after which one of the surgeons came and acquainted my lord that he was dead.

Q. Did you see the prisoner's wounds?

Edrop. I did after he was taken, which was on the 19th, the day after the cook died. He was carried before Justice Fielding, and when there would own to no other wound than one on his breast. A surgeon examined it. The Justice said, Have you no other wounds about you? He said, No, I said, you have one on the side of your belly: He said, I have a scratch there; that was looked into, and found to be a wound. I saw it, but did not much observe it. I asked him again, Have you any other wounds about you? He said, No, I said, you have, either on your thigh or groin. He had his regimental breeches on, almost new, but had no cut or place made through them by which to receive a wound. The Justice ordered him to be searched, and a wound was found upon his groin. The Justice asked him, if he had his regimentals on when he was wounded; He said, he had. The Justice asked him where he was when he was wounded; He said, in Broad St. Giles's: one time he said it was in a sort of a fray, at another time he said there were some russians fell upon him. Lattey (who died since in Newgate) was examined by the said Justice before the prisoner was brought in; there was a bite on the thumb, but the surgeon was very careful in saying whether it was a bite or not: I took it to be from a bite.

Prisoner. My words were about the wounds. I had no wound mortal but one on my breast.

Edrop. Justice Fielding asked him how he came to deny all the wounds but that on his breast. He said, the others did not pain him so much.

Cha. Krause. I am turned of fourteen years of age, and am son to the deceased. My father set out from Petersham the 17th of September for London: He always goes the king's road, and rode with his great knife in his pocket, and a brace of pistols before him.

In a few Days will be published Part II.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 5th, Thursday the 6th, Friday the 7th, Saturday the 8th, and Monday the 10th, of DECEMBER.

In the 27th Year of His MAJESTY's Reign. NUMBER I. PART II. for the Year 1753. BEING THE First SESSIONS in the MAYORALTY of the Right Hon. Thomas Rawlinson , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

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

[Price Four-Pence.]

THE PROCEEDINGS ON THE

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

Court. DEscribe that long knife.

Krause. [He produced one the fellow to it, the blade strait, with a sharp point, and about ten inches long. He is shewn the sheath in two pieces.] This was my father's sheath. On Monday night my mother told me my father had been robbed, and almost murdered; I went up to see him. He said he was very bad, and wounded in several places of his body, that he was coming galloping along by Bloody Bridge, but for fear of any accident there had stopt galloping and was coming a gentle pace; that two men came from each side the way, like devils, upon him, who seized him and pull'd him from his horse; that he fired and they fired; that they got him down and stamp'd upon him; that he wounded one of them in several places with his knife, and felt his blood come upon him as he lay. He mention'd one wound in the breast, and another in the groin, or thereabouts; that he bit one of them in the hand and thumb, but whether it was the same he could not tell; and that the men were both in dark-coloured cloaths.

Mrs. Krause. I am widow to the deceased. I was sent for to the infirmary; he was there lying upon a bed, and they said he had been robb'd and wounded, but not dangerously. He told me he was very bad, and he believed a dead man; he cried out much of his bowels being in pain, and said he had wounded one of the men that robbed him very much, and if they searched after him he believed he could not get away, for he found his blood come very hot upon him; he named the places where he had wounded him, by the breast, belly, groin and thigh, which he did with his knife; that the man forced it from him, that he got it again, and the other got it again two or three times. He said it was dark, but they appeared to him to be both in dark-colour'd cloaths, and for ought he knew they were about of a size; he also said, about an hour before he died, if the men are taken, remember the bite about the thumb, and the hand. He never ceased vomiting from the time he was brought in till a little before he died, and often said in the night before, I am a dead man, my pain is so great I cannot bear it.

John Wright . I am a surgeon, and live in Great Wild-street. On a Tuesday about the middle of September I attended the prisoner, but know not the day of the month, though I know he was taken up the next day. His wife, as she call'd herself, came to me and said, he was mortally wounded, and begg'd I'd come and dress him. I went with her about seven in the evening to a house in Parker's-lane; he was up, sitting in a chair, with a pair of blue breeches on, in a very low condition, with three very large wounds, which I supposed to have been mortal; one was under his right breast, another at the bottom of his belly, another on the back part of that. He did not shew me any more; he only shew'd me one on his breast, but accidentally by turning up his shirt, I saw that large wound on the lower part of his belly. By his behaviour I judged he had received them in some bad works.

Q. What did you apprehend they were made with?

Wright. I apprehended they were made with a knife. [Then he is shewn a knife fellow to that of the deceased.] I verily believe them to have been done with the same sort of a blade as this. I asked him which way he got them, but he prevaricated in his story; he said he had been in a bad sray with some comrades, and some of them had wounded him with a scimitar. I told him they were more likely to have been done with a knife, and dressing his wounds told him they seemed to be mortal, bidding him (as he was a soldier) get into the hospital provided for such; but his wife cried, and said, No, don't let him go to the hospital, for I will very honestly pay you, and if he goes in there his pay will cease, and I shall be destitute of necessaries.

Q. Did he tell you where he got these wounds?

Wright. No, he did not; but at another time he said he was assassinated privately by a person, but did not say where. Upon asking him how I should be paid, he said, he'd send to a neighbour, who would be security for him. When I went the next morning he and his wife also were gone.

Robert Adare . I am a surgeon, and being desired by the Duke of Newcastle, on the nineteenth of September, to go to New Prison, to look at a soldier there that was wounded, and take what care I could of him, that he might be brought to justice, I went to him, (the prisoner) and found one wound about three inches under his right arm-pit, which had penetrated the breast and wounded the lungs; it seemed to have been made by a cutting instrument about an inch and a half in breadth. He is shewn the fellow to the knife shewn before. This would make just such a wound. There was another wound about four inches above the left hip bone, which came out again, being about five inches in length, by the loins; it went quite through him, and seemed to have been made by the very same instrument. I asked him, if he had any other wounds, and he shewed me a sore on his right leg, saying, he had no other. Being asked the next morning, if I had seen any wound on his thigh, I said, no; returning to him, I desired him to pull down his breeches, and there saw a small wound on the upper part of the thigh near the groin; that also was made by the point of such an instrument as has been now shewn me. I attended him till he was cured.

Q. Did he tell you how he came by them wounds?

Adare. He said they were done in a fray at St. Gyles's, with a cuttoe.

Q. Do you think the wounds could be given with such an instrument?

Adare. It must be 5 inches from the point, not broader than an inch and a half, I am sure this knife would make directly the wounds I saw upon him; cuttoes are generally broader than this knife, and I should think in passing through him must have made a broader wound.

Q. Did you see Lattey?

Adare. I did at the same time, he had two wounds, one a little above the joint of the thumb, and another a little below, they seem'd to be a little jagged, there was a black contus'd spot on the inward part of the thumb, seemed likely to have been made with a tooth; they might be done by a bruise against a post, but I am rather inclinable to think them done by a bite.

William Crosby . The prisoner sent for me on the 18th of September between 8 and 9 at night, to dress his wounds; I did so, there were four of them, one on his breast, one on his loins, one on his groin, and one on his shin.

Q. Look at this knife?

Crosby. The wounds might have been given with such a streight tool as this, but it did not seem to be by an instrument quite so broad as this; the prisoner told me he got them in a fray in the street; he had been dress'd before he came to me.

Q. Was you acquainted with him before?

Crosby. No, I never knew him before in my life, it was through my acquaintance with Lattey that he came to me; he came first to me to dress the prisoner, who was in my apartment that night, and went away the next morning. We went to the house of Kennedy, and there found him up two pair of stairs in a closet in an empty room, with his shoes in his hand; he was charg'd with this fact, but he said he knew nothing of it.

John Jones . I was at the taking of the prisoner at Kennedy's house; when he came down stairs, I said Hambleton, how came you by these wounds? he said three men fell upon him in broad St. Gyles's. I went with him to justice Fielding's, and the justice ask'd him many questions on his 2d. examination, and ask'd him what cloaths he had on when he received these wounds, he said he had on his regimentals; he was ask'd after his brown cloaths, he said he had sold them to maintain himself in prison; the justice ask'd him to whom, and he said he could not tell.

William Carey . I am corporal in the same regiment to which the prisoner belongs, I was at the apprehending him, and went in the coach with him to the justice, and I ask'd him in the coach how he came by his wounds, he said three men fell upon him in St. Gyles's, who abus'd and wounded him.

Thomas Ash . I am a soldier, about one o' clock on Monday the 17th of September, Hambleton came to my room and put on colour'd cloaths and took off his regimentals; he went away in a blue waistecoat and black britches, and a dark brown coat.

Q. What colour are your regimental britches?

Ash. They are blue. I mounted guard the next day, and his regimentals were in my room, I saw them at 7 in the morning when I went out.

Q. Did he come to your house after this?

Ash. No, he never did. I met Lattey on the stairs that morning, he ask'd me if I had seen Hambleton, I said, no, for Hambleton should have mounted guard on the Tuesday morning but he did not come.

Margaret Ash . I am wife to the last evidence, the prisoner left his regimentals at our house, and put on brownish coloured cloaths upon the 17th of September; the regimentals continued at my house till next morning, when I deliver'd them to Lattey, who said he came for them.

Q. What time did you see them over night?

M. Ash. I saw them at 8 o'clock.

John Hassan . On Wednesday I believe the 19th of September, I with others went to search after the prisoner, Lattey had brought word down that the prisoner had lain twelve hours in his blood, and desired he might be brought to the hospital; we found him in the house of Kennedy near Brooks-market, he then had a light colour'd coat on, and we found his regimentals at the house of O Neal in Parker's-Lane, where Lattey had left them. They were produced in court, but could not be sworn to as the identical cloaths of the prisoner, the regimentals being all of a sort. We went to justice Fielding's, and ask'd him what cloaths he had on on Monday night, he said his regimentals.

Q. Did you see his wounds?

Haston. I saw two wounds he had.

Stephen Smith . I am sergeant to the same regiment to which the prisoner belongs, I saw him on the 17th of September last in the Strand, between one and three o'clock in the afternoon dress'd in a dark brown coat and blew waistecoat.

Q. Did you know Lattey?

Smith. I did.

Q. Did you ever see him and the prisoner together?

Smith. I never did but once.

William Norden . I have seen the prisoner several times. On Monday the 17th of September, I was at John Wright Newark 's house, near Bloody-bridge in the five fields going to Chelsea, there were three soldiers there in colour'd cloaths, and I believe the prisoner was one of them; one of them was in grey and the other two in brown.

Q. What time of the day was this?

Norden. I went in there about two and staid till about six, I took the prisoner to be one of them in a brown coat, and I think it was a surtout.

Q. To Mrs. Ash, was that brown coat the prisoner put on a surtout-coat ?

Mrs. Ash. I don't think it was?

Q. To Smith. Was that coat you saw him in in the Strand a surtout coat?

Smith. It was a plain brown coat, not a surtout.

Alexander Kennedy . On Tuesday evening, the 18th of September, I met Lattey, who was a particular acquaintance of mine in the street, he desired me to come to the sign of the Mogul and he'd treat me, I went and did my business and return'd there to him; he told me, that his friend Hambleton was wounded, and I went to see him at the house of O Neal, in Parkers-lane along with Lattey, where I saw his wounds dress'd at which I was shock'd. I ask'd him how he got them, he said, he being got in liquor, had been in bad company fighting with two or three men, and that a woman was the cause of it.

Q. Where did he say it was?

Kennedy. I think he said it was about St. Gyles's.

Q. Who dress'd his wounds then?

Kennedy. Crosby did; and after he was dress'd, Crosby said that that bed was not proper for him to lie in, and offer'd him a bed at his house, which he accepted off; I saw him there. After that he came to my house and was taken there, but I was not at home.

Q. Do you know of any intimacy between Lattey and the prisoner?

Kennedy. Lattey I knew from a boy, and I ask'd him to come and dine with me, he said, if he did, he should bring a friend with him, which he did, and it was the prisoner; this was on the Sunday before the prisoner was taken; I also that same afternoon drank with them at a house in St. Gyles's.

Prisoner's defence.

When I was wounded, I was disguised in liquor in St. Gyles's. Some where I cannot tell where a woman pickt me up in the street; as I staid talking to her, there came up three men, one of them said, what do you do with my wife? he struck at me, and I at him, I not being able to knock a man down, but some how or other he fell, and one of the others drew a cuttoe and made several passes at me, this was about eleven o'clock at night, please to examine my corporal as to my character.

William Carey . I have known the prisoner about five years, his character has been but indifferent of late.

Prisoner. Please to examine Stephen Smith .

Stephen Smith . I am a sergeant in the same regiment that the prisoner belongs to, but not the same company; but can't say any thing to his character one way or other.

Prisoner. Please to ask Ash my character.

Thomas Ash . I am of the same company the prisoner is off, and know nothing amiss of him but by hearsay.

Guilty of the murder and robery , Death .

This being on the Friday, he received sentence immediately to be executed on the Monday following, and his body to be defected and anatomized.

See him tried twice last sessions, No 487.

57. (M.) Elizabeth Taylor , spinster , otherwise Elizabeth wife of John Wiseman , was indicted for stealing one pint silver mug, value 4 l. the property of John Price , October 25 . ||

John Godfery . I am waiter at the Inn which Mr. John Price keeps; the prisoner came as a servant there, and my master was to inquire her character afterwards. On the 25th of October I was waiting on some company above stairs at dinner; after dinner I brought the things down, amongst which was this pint silver mug. Some time after the prisoner went out; and when she returned, she had all new cloaths on. I missed the mug, and she said it was above; after looking and not finding it, I took her up on suspicion, and asked her where she was that time she went out; she said at a place where she had lodged; I went there, and the people said she had not been there. We advertised the mug, and one Slayter, a pawnbroker, brought it to our house on the 30th of October. The mug produced in court and deposed to be the property of John Price . The prisoner said after it was found if I would let her go she would give me double the money.

Thomas Slayter . The prisoner brought me this mug on the 25th of October; I lent her three pound upon it; I saw it advertised afterwards, and carried it to Mr. Price's house; the prisoner then asked forgiveness.

Prisoner's Defence.

What they have said is all false. I was cook in that house; the silver never came into the kitchen, except to be cleaned; it happened to be pawned in my name; the gentleman said the woman that pawned it had on a check gown, but I never had one in my life.

Q. to Slayter. Are you certain as to the prisoner?

T. Slayter. I am, my lord; I lent her a great price, upon condition that she gave me a bill of sale, to which she set her mark. I never knew her before, but described her to Mrs. Price before seeing her there.

To her Character.

Tomasin Arrington. I have known the prisoner about a year and a half, and never heard any ill of her before this.

Guilty of stealing, but not in the dwelling-house .

[Transportation. See summary.]

58. (M.) Dennis Neal otherwise John Clark was indicted, for that he, together with Job Horniblow, in a certain field or open place near the king's highway on Joseph Rixton did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one steal tobacco-box, value 6 d. one clasp knife, one iron key, and 4 s. 6 d. in money numbered , September 17 . +

Joseph Rixon . On the 17th of September I was coming from the sign of the boot, a public house on the farther side the Foundling-hospital .

Q. What time was it?

J. Rixton. Very near eight at night. Near the nether end of the Foundling-hospital I heard a voice say, what is it a clock; I answered I could not tell; immediately a man came up and clapped a pistol towards my belly.

Q. Was it light or dark?

J. Rixton. It was very dark. The man said d - n you your money; I said you are welcome to what I have; so gave it him, which was 4 s. 6 d. or 4 s. 9 d. then he said, d - n you your watch; I said I had no watch; he clapped his hands to my breeches, and hearing something jingle, said to his companions, which were on my left hand, here is more money, search that pocket; one of them put his hand in and took out some keys, a spectacle-case, and a penknife. Then I said pray give me my keys again, they will be of but little use to you; then he that stopped me said to the other, give him them again; they gave me them again as I thought, but when I came to look at them, there was one wanting; then they went away, but I do not know who they were.

Joseph Randolph . I was with the prisoner at the bar and Job Horniblow on the 17th of September; we went out with an intent to go upon the highway.

Q. When had you your first acquaintance with the prisoner?

J. Randolph. I had seen him before in the New-gaol, Surry, and there became acquainted with him; he was there to be an evidence at Croydon-assize.

Q. Where did you meet that night?

J. Randolph. I met him by accident in Chick-lane; Horniblow was with him, who was executed last Monday; we went together, and were going down Red-lion-street Holborn, about eight in the evening, the prisoner went first, Horniblow second, and I last; Horniblow put my hand to his pocket as we were going, where I felt a pistol; when we came to the Foundling-hospital, the prisoner said here is somebody coming, which was the prosecutor; the prisoner asked him what it was o'clock; the prosecutor said he could not tell; then he took hold on his collar, and said, d - n you deliver your money; the prosecutor delivered 4 s. 6 d. and some halfpence; then the prisoner said there is money in the other pocket. He also demanded his watch, but the prosecutor said he had never a one; then I put my hand into the pocket where he said something jingled, and took out some keys and a penknife, and delivered the keys into the prisoner's hand; then he searched his pockets and found a tobacco-box, and after that bid him go about his business.

Q. Did you see a spectacle-case?

J. Randolph. I cannot tell whether there was one taken or no; the person executed and myself were taken up together for this very robbery.

Q. from prisoner. How came I acquainted with you?

J. Randolph. Horniblow was in custody in the New-gaol, Southwark; I went to see him there, and there came acquainted with the prisoner.

Prisoner. You went there to carry him some money.

J. Randolph. I at that time asked the prisoner to drink a glass of wine; but this was my very first robbery in company with the prisoner or Horniblow either.

William Norden . After Randolph was admitted an evidence, a magistrate, I think, named Woodrose, sent Mr. Fielding a letter, and an information of the prisoners; the name to the letter was Clark; Mr. Fielding asked me if I knew any person of that name. After having heard the description of him, I said it certainly must be Neal; the justice said he would have me go down to Winchester. I knew Neal when he was evidence on the other side the water; I went down in order to detain him for a murder. Horniblow had mentioned a robbery and murder he and Neal had done near Edger turnpike. I went to Winchester and found it to be the prisoner; I asked him to drink a glass of wine, and shewed him this steel tobacco-box; said he, that is the very tobacco-box that I took from a gentleman near the Foundling-hospital, and I have put it in my information.

Q. Where had you that box?

W. Norden. I took it from Randolph the evidence.

Q. Where was this confession made?

W. Norden. It was in the gaol; there was a justice of peace and several others heard it.

Q. to the prosecutor. Do you know that box?

Prosecutor. This is my tobacco-box, which I lost the night I was robbed.

Prisoner's Defence.

I have seen Randolph several times, but was never in his company, nor with him at that time when that man says he shew me the tobacco-box. There were two or three prisoners came together, he did not know me, he told me he came to bring me up to be an evidence, but they could not let me go with him.

Guilty Death .

See the trial of Horniblow, No. 519. in the last Sessions Paper.

50, 60. (M.) John Hearne and John Sharrard , were indicted for stealing 17 yards of linen cloth, value 9 s. the goods of Robert Abbey , out of the shop of the said Robert, November 1 . +

Robert Abbey . I keep a shop in Nightingale-lane, St. John's, Wapping ; my wife's business is chiefly to attend that, she selling linens, checks, stockings, &c. I am a carpenter, and follow my business, and know nothing of the taking the linen, but only can sware it is my property.

Anne Abbey . I am wife to the prosecutor, on the 1st of November the two prisoners, and Hall, the evidence were about my door. I was sitting by my fire, when I observed my hatch to have been opened; upon which I searched, and missed a piece of printed Rus linen cloth, containing 17 yards. I ran to the door, called out, and one Mr. Kent pursued. and took the prisoners.

Henry Kent . I heard the woman call out on the 1st of November, about ten o'clock in the forenoon; I had seen Sharrard open the hatch before, as I was in my house facing her shop. He went in, and took a piece of printed linen and went away, joining in company with others, I followed them, he gave the linen to the other prisoner, and he put it into a bag Presently I lost sight of them; then others of the neighbours came, and said, Abbey's shop had been robbed. I told them which way I thought they were gone; upon which we went and searched some houses, and found Hearne under a bed, and Sharrard up the chimney, and we taxed them with stealing a piece of cloth. Sharrard told us, that a woman and Jack Hall were gone to sell it, and that they were gone round by Stepney fields, because they would not be catched. We whent out to see for them, but could not find them; but when we returned, we found the woman, and took her into custody. She confessed where the cloth was, and we went and found it accordingly.

Q. Where did you first see Hearne?

Kent. When I first saw him he was about a hundred yards from the prosecutor's shop.

John Hall. I was with the two prisoners when this cloth was taken near new Rag Fair. We stood at the door about six minutes, and then Sharrard went into the shop, Hearne and I being then up a turning just by, and he brought out the linen, and gave it to Hearn, and he put it into a bag, and went off with it, he walking first.

Joseph Martis . I am a constable, [he produced a piece of linen ] this piece of printed linen was delivered to me by a person that is not here (one Morrison) before Sir Samuel Gower .

Q. to Prosecutrix. Look on that linen, do you know it?

Prosecutrix. It is my property.

Prosecutor. I saw the linen delivered by Morrison to the constable.

Sharrard's Defence.

There was no body at the taking this linen but Hall, Hearne was not there, he is innocent, but I am guilty.

Hearne's Defence.

I was in the room at the same time Sharrard and Hall brought the linen up.

Both Guilty 4 s. 10 d.

[Transportation. See summary.]

61, 62, (L.) Benjamin Bray and John Wilkinson , were indicted for stealing one sow, value 20 s. the property of Robert Boston , November 27 . ++

Robert Boston . I live in Vine-street in the Minories ; between six and seven o'clock in the morning, on the 27th of November, I saw the two prisoners driving my sow along, she wanted to turn into deputy Pycroft's gateway, but they would not let her; she would also have turned into Justice Ricard's glasshouse yard, but they prevented her; they were one on one side the street, the other on the other, driving her along. When they had got her below the Camel, I went to them, and asked what they would do with her, and called them thieves, and said, she was my property; at which they answered, what is that to you.

Q. Which way was they driving her?

Boston. They were driving her towards Tower-hill; I took hold of one of them, and said he should go along with me; I took him to the Plume of Feathers and Coach and Horses. He went very willingly with me, and the other followed. I got an officer and charged him with them.

Q. What is your sow worth?

Boston. She was worth about 20 s. but I never saw her since.

Q. Was your sow locked up at home?

Boston. She was in a stye, and the door shut, but how she got out I cannot tell.

Q. Did your sow use to go common in the streets?

Boston. She did not; I cannot tell how she got out.

Thomas Summerhays . On the 27th of November, about seven in the morning, I saw the two prisoners at the bar, with sticks in their hands, on each side the sow, driving her down the Minories towards Tower-hill.

Q. Do you know where the prosecutor lives?

Summerhays. I do.

Q. How far was they driving her from his house?

Summerhays. They were 300 yards from it, if not more; the prosecutor came after them, and took hold of one of the prisoners, and charged him with stealing the sow; they then left the sow, and drew up to the houses on each side of the way. Mr. Boston said, he had lost several hogs before this, and he believed they had stole them. They said, they had no design of stealing her. He took one of them, and the other followed him. I saw nothing more of them till before the sitting alderman.

Q. Did they confess any thing there?

Summerhays. No, they did not, but equivocated about it.

Bray's Defence.

When we came before the alderman, he said, he should not keep hogs in the streets, for they were a nusance. Then he said, the sow was in the stye. The hog went along before as towards Tower-Hill, I being on one side the way, and my fellow prisoner on the other, and the hog went in the middle, all the way from White Chapel.

Wilkinson said nothing in his defence, but called two persons to his character.

Richard Robertson . I have known Wilkinson twenty years, he has worked for me.

Q. What is his employment?

Robertson. I believe he has lately worked as an husbandman.

Q. How long ago is it since he worked for you?

Robertson. It is seven or eight years ago, but he has lived in my neighbourhood ever since.

Q. How has he got his livelihood these seven or eight years?

Robertson. I cannot say that, but I have trusted him with many pounds at times, and he never wronged me of a farthing in his life.

Q. Where do you live?

Robertson. I live in the Borough.

Wm Carr . I know Wilkinson, I live in his neighbourhood.

Q. What are you?

Wm Carr . I am a chapman, and travel the country selling all sorts of goods.

Prosecutor. He is, my lord, what they call a duffer.

Q. Are you a housekeeper?

Carr. No, I keep no house, but lodge at a house.

Q. What is the prisoner's general character ?

Carr. He is an honest and just man, and works hard for his bread.

Q. At what business ?

Carr. At farming work.

Q. Can you give an account what he has done for a livelihood these last seven months ?

Carr. No, I can not.

Both guilty .

[Transportation. See summary.]

[Branding. See summary.]

63. (L.) Israel Walker was indicted for that he, on the 5th of February, 1749 , did marry one Mary Hudson , widow , his former wife , Mary Reith , being then living. ++

John Greason . I officiate for Mr. Keith at May Fair, and have known the prisoner ever since the year 1747, having married him on the 19th of April, 1747, to one Mary Reith . The prisoner has applied to me since on several occasions to prove the marriage, and I gave evidence of it at the court of King's Bench, on the prisoner's request; they were always concluded to be man and wife. I was not intimate enough in the family to know whether they cohabited together, but am very positive they were married.

Q. Can you form any certain judgment of their cohabiting together as man and wife?

Greason. I cannot say whether they did or no.

James Drummond. I was clerk to this chapel at that time. I gave away Mary Reith so the prisoner at the bar, and remember him very well, having heard Mrs. Keith ask Mrs. Reith the morning they came to be married, if she was going to be married to that man; they were married at that time.

Q. What ceremony was said?

Drummond. The ceremony of the church of England; the prisoner made a very handsome appearance, and was exceedingly well dress'd.

Q. Do you know any thing of their living together?

Drummond. No, I do not, but have heard they lived together down in Essex.

Court. Look upon the prisoner, and see whether he is the man that was married or no.

Drummond. I am positive he is the man, having seen him several times since.

John Humphry . I know the prisoner at the bar. On the 5th day of February, 1749, he was married to Mrs. Hudson by one Mr. Wyat, a clergyman of the church of England; I was present at the marriage, and gave her away; I am very sure they are the two persons that were married at that time.

Mary Hudson . I married the prisoner at the bar on the 5th of February, 1749. I was a widow at that time, and had some children; he came dress'd as a merchant. We were married according to the ceremony of the church of England, and Mr. Humphry gave me away. Some time after this he plundered me of every thing, plate, money, and jewels, caused me to mortgage my estate, and took the money from me; he carried me from place to place, then over to Holland, then to other places; he plundered me of every thing, to the destruction of me and my family.

Q. For what purpose did he carry you over to Holland?

Hudson. With pretence to settle there, and then he went away and left me. When he came first to me he came as a widower and merchant, and a man in good circumstances.

Prisoner's Defence.

I can prove that Mrs. Reith is the spouse of one Thomas Phillips ; she was not my wife.

For the prisoner.

Elizabeth Tooley . I know the prisoner at the bar.

Q. What do you know about his being married to Mrs. Reith?

Tooley. I never was at a bar in my life; give me leave to speak, I always heard that Mrs. Reith was married to one Mr. Phillips, and she went always by that name.

Q. Did you ever see her husband?

Tooley. No, I never did.

Q. Did you ever hear what he was?

Tooley. No, not at all.

Q. Where do you live?

Tooley. In Faulcon Court in the Borough.

Q. What is your way of life?

Tooley. I keep a house and let out lodgings, I live as well as I can, and work hard.

Q. How came you and Mrs. Phillips to be so great?

Tooley. I was a milliner and sold things about, and that was the way.

Q. Did she ever deal with you as a milliner?

Tooley. No, upon my honour, she never did.

Q. from the Prisoner to Humphry. Did you never hear Mrs. Reith called by the na me of Phillips?

Tooley. No, I never did.

Ann Young . I know the prisoner at the bar, and have known Mrs. Reith about seven years, but never knew she was married any farther than by hearsay.

Q. Who did you hear her said to be married to?

Young. To one Phillips.

Q. Did you ever know she was married to the prisoner at the bar?

Young. I have heard her make use of several names, but cannot swear she was married to any body.

Q. What is Mrs. Phillips's way of life?

Young. Please you, my Lord, I never knew her in any good way of life, I am sorry to say it of my own sex.

Q. Do you know any thing of Phillips's being married to her ?

Young. I saw the certificate, and know the person that married her.

Guilty .

[No punishment. See summary.]

64. (L.) Sarah Hulet , spinster , was indicted for stealing one clasp knife, val. 3 d. one iron corkskrew, val. 2 d. and a pair of scissars, val. 4 d. the goods of Francis Taylor , Nov. 6 .

++ Acquitted .

65. (L.) John Chambers was indicted for stealing 14 pound weight of tobacco, val. 7 s. the goods of persons unknown, Dec. 1 .

++ Acquitted .

66. (L.) John Mackavar was indicted for stealing 12 pound weight of sugar, val. 2 s. the goods of Daniel Lascelles and George Maxwell , Esqrs. Dec. 5 .

++ Acquitted .

67. (L.) Thomas Godson was indicted for stealing one cloth great coat , the property of Edward Hart , Nov. 24 .

++ Acquitted .

68. (L.) Philip Adams was indicted for stealing one cloth coat, val. 27 s. a pair of knit breeches, val. 10 s. three holland shirts, val. 30 s. one silk waistcoat, val. 5 s. one allapeen waistcoat, val. 5 s. with one pair of worsted stockings, and a hat, the goods of Thomas Marshall , in the dwelling house of John Adams , Nov. 7 . ++

Thomas Marshal . I lodge in the house of one John Adams an apothecary in Parkers-lane Drury-lane , the prisoner was servant to Mr. Adams, he had lived with him about half a year. On the 7th of November, at seven o'clock in the morning, I went out and locked my room door, and left the key in a private place where I had for two years past, for the maid to find it to make the bed. When the maid got up, she found the door open and the things gone; I suspected the prisoner and took him; the two pair of stockings were found upon him, he had one pair on, and one pair in his pocket: I found the coat and breeches in Lombard-court seven dials, by the prisoner's direction. He made a confession of all the night he was taken up; I found the three shirts at a pawnbroker's in Queen-street seven dials; all the other things he had disposed off.

Q. Did he confess he took the goods?

Marshal. He said the night he was taken, he took them out of the room, but after he had been in custody some time, he said there were two more accomplices, a man and his wife.

Alexander Cornelia . I was constable of the night. On the 8th of November, between twelve and one o'clock, the prosecutor brought the prisoner to me, and charg'd him. I ask'd him of what, he said the prisoner had found means to get into his room, and steal his things: I ask'd him if there was any thing about the prisoner that was his, he said there was a pair of stockings on his legs; I had him search'd, and we found these stockings upon him (producing them) which he owned to be the prosecutors. I carried him then from the watch-house to the round-house; he there said, he hoped I would be merciful to him: He would not confess he had any accomplices.

Q. Where are the goods, mentioned at the time the prosecutor charged you with him?

Cornelia. He told me he had found means to get at the key of his room, and had robb'd him of every thing he had but what he had on his back, but did not mention any particular thing; but the next day before the justice he mentioned most part of them, there was a search warrant granted, and I went by the prisoner's directions and found these goods (producing them.)

John Moore . I am a salesman, and bought the coat and breeches of a man very like the prisoner at the bar, but cannot take upon me to swear it was the prisoner, I gave thirty shillings for them.

Eliz. Dorton. I am a lodger in the house, and can swear that these shirts are Mr. Marshal's, and so are these stockings (looking at them.)

Prisoner's defence.

These things were brought to me out of the room by a woman that works there sometimes.

Guilty thirty nine shillings .

[Transportation. See summary.]

69. (M.) John Simons , otherwise, Spanish Jack , was indicted for stealing one cloth jacket, value 2 s. the property of William Pawsey , Oct. 18 ++.

Ann Pawsey . My husband's name is William, and I live in old Gravel-lane Ratcliff high-way ; we keep a publick house , the prisoner came into our house about eight o'clock in the morning, and had a companion with him, they had a pint of hot; and I look'd over the banisters of the stairs and saw him go into the bar, and take the jacket away and give it to his companion.

Q. What is the prisoner?

A. Pawsey. He goes in a sailor's dress; I don't know what he follows; he had about a fortnight before sold the jacket to my husband for three shillings.

Q. Did you see your husband buy or pay for it?

A. Pawsey. No, I did not.

Q. Had the prisoner any score at your house ?

A. Pawsey. No, he had not; when I came down stairs I miss'd the jacket.

Q. What sort of a jacket was it?

A. Pawsey. It was a blew sailor's jacket.

Q. Where was it taken from ?

A. Pawsey. It was taken from off a shelf in the bar.

Wm. Pawsey . I am prosecutor, the prisoner brought a jacket into my house in order to sell it, he ask'd five shillings for it, but I bought it for three, and put it in my bar, and I know nothing of the taking it.

Q. Did you pay him in money or liquor?

Pawsey. I gave it him all in money. He came in with a companion with him on the 18th of October, and call'd for a pint of hot, and I made it: The water was coming in and I went out to fill my water tub, and when I came in again his companion was gone and the prisoner alone in the tap-room.

Q. To Mrs. Pawsey. Did your husband drink with them?

A. Pawsey. He did.

Q. from prisoner. Why did not your husband charge me with taking the jacket after he came in again?

To which she made no answer.

Prisoner's defence.

I left the jacket there in pledge for three shillings, and I had two shillings in beer and one in money: The jacket cost me seven shillings.

Acquitted .

See the prisoner, an evidence by the name of Emanuel de Rosa , on the trial of Antonia de Rosa , for the murder of William Fergeux near the barking dogs, No 202 in alderman Winterbothom's mayoraty.

70. (L.) Ann Tinsley , and Catherine Bullock , spinsters , were indicted for stealing one pair of linen sheets, three pillow cases, two napkins, 3 linen table cloths, one linen dresser cloth, one yard of linen cloth, three shirts, two shifts, two linen aprons, two pair of stays, one neck handkerchief, one linen handkerchief, one cotton handkerchief, one camblet gown, two pair of hose, one chip hat, twelve clouts, one child's frock , the goods of John Knight , Oct. 26 . +

Sarah Knight . I live at East Barnet . On the 26th of Oct. I lost two pair of stockings, twelve clouts, four table-cloths, two handkerchiefs, three shirts, two shifts, two pair of stays, two aprons, one dresser cloth, one cloth cloak, one child's frock, and more things than I can remember.

Q. Where did you loose them?

S. Knight. They were taken out of a chest of drawers in an upper room in our house.

John Knight . I am the prosecutor, I miss'd the things, and went after the prisoners and took them in Shoe-lane, Oct. 26. I set out between five and six in the morning after them.

Q. How came you to suspect the prisoners?

J. Knight. My wife brought Ann Tinsley up from a child. She had been gone away from us, but was come again; we suspecting it must be some body that knew our house, and she being missing I pursued her towards London. I heard of them first at Whetstone turnpike, then upon Finchley common, then near Pancras church, and at last found the prisoners together in Shoe-lane, in the street, with a great quantity of the things upon them.

Court. Name the things.

J. Knight. Two pair of stays, one gown, twelve clouts, three shirts, two shifts, they had them in two bundles, each had a bundle; I charg'd a Constable with them, and had them brought before my Lord mayor, and he committed them. They having the two pair of stays on, were by his orders taken off.

Thomas English . The prosecutor told me his house was robb'd, and ask'd me to go along with him in pursuit, I went, and we found the two prisoners in Shoe-lane, with most of the things upon them; they were taken before my Lord mayor and committed.

Q. Where are the things?

English. They are at East Barnet, all but the two pair of stays which they had on.

George Needham . I am a constable, and have the two pair of stays that were taken from off the two prisoners, and a chip hat; (produced in court, and deposed to by the prosecutor's wife.)

Tinsley's defence.

I know nothing at all of them.

Bullock's defence.

No more don't I.

They call'd no witnesses to their characters.

Both guilty .

[Transportation. See summary.]

71. (M.) Samuel Davis , was indicted for stealing four yards of damask worsted, two pieces of callimanco, one piece of camblet, one piece of worsted, and one piece of harrateen , the goods of Francis Ribott , November 28 . +

Francis Ribott . I keep a mercer's shop in Spittal fields, the prisoner was my porter , he used to open and shut my shop. I was informed several of my goods, which I supposed were stolen from me, were pawn'd at different places. About three weeks ago, Mr. Dunn the constable brought a piece of callimanco, a piece of camblet and a piece of harrateen, and Mary Stone , the person that pawn'd them, before Sir Samuel Gower , which goods I believe to be my property, but cannot positively swear to them; but I took the prisoner into my compting house, there he acknowledged he had at sundry times robb'd me of those callimancoes, camblets and harrateens, afterwards I took him before the justice.

Q. Did you make him any promise on condition he'd tell you?

Ribott. I promised to be as favourable as I could, and upon that account I have only laid the indictment for some things of a trifling value to what I lost. I have not laid it capital, but without his confession I could not have come to the knowledge of them, for out of many goods it is almost impossible to miss a few pieces when taken away.

Pris. I did acknowledge I took the things.

Thomas Bonford . The prosecutor imagining he might have lost more goods, he desired me to go to Clerkenwell-bridewell, and there to get what I could not of the prisoner. I went and told him, as he had robb'd his master of a great many goods, his only way to make his master as favourable as possible, was to let him know of them that he might get them again, and said, I'd call again the next day, that he might have time to recollect. I called accordingly, and he said he had recollected, and gave me a list of things he had taken away; part of which are in the indictment.

Prisoner. I desire the court would be as favourable as they can to me.

Guilty .

[Transportation. See summary.]

72. (M.) Susannah Nisby , otherwise Sorry , was indicted for stealing four silk gowns value ten shillings , the goods of Anna Maria Charlotte Somes , spinster , Oct. 27 . ++

Ann Fanshaw . I live in Swallow-street St. James's, and look after a house in Old Burlington-street , I took in the prisoner to help to clean the house and assist me: There was a young lady whose name was Charlotte Somes , that lived with her aunt in the house. Her maid miss'd the gowns mentioned in the indictment, and knowing I had had no body else in the house but the prisoner, we suspected her, and I went to her and taxed her with taking them; she confessed she had, and had pawned one and sold the rest; we took her before a justice, there she confessed the same.

Q. Have you ever seen them since?

A. Fanshaw. I have seen two of them, they are here in court.

Q. What part of the house were they taken from?

A. Fanshaw. I don't know where they all were, one I know was taken from out of a chest of drawers which was open.

Q. Where did you meet with the two gowns again?

A. Fanshaw. We found one at a pawnbroker's, and one at a gentlewoman's that is here in court. There was also a woman in Brewer's-street owned she had the other two, but we could not see them.

Q. If you did not see them how do you know them to be the same?

A. Fanshaw. They were so described that we knew them to be the same. She owned what she gave for them, but said she had sold them.

Lydia Goff . I am servant to Mrs. Charlotte Somes , my mistress had been in the country in June. I believe she left four gowns in the house of the last evidence. At our return we missed them, and we examined the prisoner about them. She told us she had sold two of them, and where the others were. [The two gowns were produced in court, and deposed to as her Mistress's property].

Q. Were the gowns locked up?

L. Goff. They were left in the chest of drawers; I do not know whether they were locked up or not; the woman where she said she had sold the two gowns, acknowledged she had bought them of the prisoner, and had sold them again.

Q. What is the value of the gowns?

L. Goff. They are valued at 15 s. I think.

Thomas Powell . I am a pawnbroker, [he takes up one of the gowns] the prisoner at the bar brought this gown to me. She asked a guinea and half on it, I asked whose gown it was; she said it was her own, and that a lady gave it her, and was either gone to Ireland, or was dead, and that she had three more. I asked her where she lived, she said at the bottom of Vine-street, at a Clear-starcher's. I went there, and asked if they knew she had a silk gown fit for a lady to have 20 l. worth of linen to wear with it: They said, they knew of no such thing: Then I asked the prisoner where I must go for her character: She said to my lord Hertford's, and instead of that she took me to Colonel Layton 's. She said she had 1 s. 6 d. a day and her victuals, to clean the house against the family came to town. Then she said she could take me to another place, a gentlewoman's in Queen-street. The gentlewoman said she had known her from a child, but advised me to keep the gown: Upon which I stopped it, and advertised it the 8th of September. She came four or five times, and said she would make us pay 5 l. for every hour we kept her.

Q. How did she appear when she came first?

Powell. But very poorly, and had before been used to bring very small pledges. Mrs. Goff came to our houseafter seeing it advertised, and a chandler's shop woman; they would fain have bullied us out of the gown, that they might put it in its place again, and so let the thief have gone. After that Mrs. Fanshaw came with her, and wanted it. I said they should not have it without a prosecution.

Mary Raseheart . I sell women's clothes, [she takes up the other gown] I bought this gown of the prisoner at the bar.

Q. When did you buy it?

Mary Raseheart . About five months ago, I gave her 3 l. 1 s. for it.

Prisoner's Defence.

I leave it to the mercy of the court.

Guilty .

[Transportation. See summary.]

73. (L.) Mary Pew , spinster , was indicted for stealing a pair of sheets, value 5 s. the goods of Henry Frances , November 2 .

++ Guilty .

[Transportation. See summary.]

74. (L.) William Gillet , was indicted for stealing one saddle, value 2 s. the property of Henry Parker , November 12 .

Henry Parker did not appear, and his recognizance ordered to be estreated.

Acquitted .

75. (L.) Frances, wife of Francis Ellice , was indicted for stealing a cloth cloak, value 2 s. the property of Rich. Dewey , November 3 .

++ Acq .

76. (L.) John Bell was indicted for that he, not being employed in or for the mint in the tower of London, or elsewhere, had in his custody a press for coinage, contrived and resembling the presses for coinage in the tower of London, and this without any lawful authority , July 30 .*

John Sandall. I am porter of the mint, and have been about nineteen years.

Q. Do you often see the coiners at work?

Sandall. I do often. On the 26th of July last I found some tools for coining at the house of Mrs. Bilson in Winchester-street. I had taken Mr. Bell the day before at one Mr. Elgar's, who was engraving a pair of dyes for him to make Lewidores; in searching the cellar which they told me was Mr. Bell's property, there I found a press fixed upon a block, as ours are in the mint, for coining. Every thing was fixed, but two springs, that lay ready to fix; it is of the very same kind as ours are, and to be pull'd in the same manner.

Q. Could it be used for coining?

Sandall. As I take it, it could; it only wanted the dyes to be fixed; they are made fast by four skrews. They are to be done in a very little time, the w orkmen shifting them as they see occasion; so that in the same manner sixpences, shillings, or a guinea, may be struck with that press. We have larger for crown pieces.

Q. Did you find any thing else?

Sandall. There stood by the press what is called a stake, to flat or beat any thing upon; there were also a hammer and a ladle to melt rosin with, but what the use of that was I don't know. Up in the garret, which they said was the prisoner's garret, I found a stove new built to a chimney with brick work, that would run down gold or silver without any blowing; there was likewise a table fix'd, with a wheel to turn with a foot, and a pair of sheers, with some tongs to take the crucibles out of the fire; there were two windows to the room. There was another table with some drawers on the other side the room, where I found a little long ladle to cast gold or silver in; in one of the drawers, or upon the table, was a file, and a touchstone, as I suppose, with two pair of tongs to grasp the crucibles two small crucibles to melt any thing in, either gold or silver, and a brass instrument, the use unknown to me then, (the workmen who made it will tell the use of it) with an iron flask, or case, to cast in. In his escrutore, or bureau, which was in his bedchamber, as they called it, I found about 38 pieces of coin of different metals, and a pair of dyes to strike them with in a beaufet, or corner cupboard.

Q. What are they called?

Sandall. They are called deux-sols pieces; it is a French two-pence. Some of them were brass, some copper, whitened, and all representing the same French money. On the 28th I went with Mr. Cook, the solicitor of the mint, to look over the prisoner's writings; in the drawers there was a piece of metal weighing about six-pennyweight, which, upon the trial of it, proved gold, worse than standard five carats two grains; I had it tried by our assay-master, and was worth about 2 l. 18 s. by the shape of it it was cast in that little ladle which I found in the room where the fire-place was; it seemed to be part of a larger piece cut or broke off. I went with Mr. Bell before Justice Fielding, and he was committed, on the 26th; the 27th he was sent for to be re-examined, when he owned that all these things I have mention'd belonged to him. This was before Mr. John Fielding , the blind gentleman.

Q. Did he say all?

Sandall. I can't say he said the word all; but the press and things which were found in that house were mentioned.

Q. Did he own the press?

Sandall. He said the press was his press, and the other were his things.

Q. Did he say the place where they were found was his lodgings?

Sandall. He did.

Q. Whether at the mint the same press is made use of both for shillings and guineas?

Sandall. Yes, it is; it is only shifting the dye.

Cross Examination.

Q. What are those two springs that were not put in?

Sandall. I know not the name; they are iron or steel springs.

Q. What is the use of them?

Sandall. As the fly is pull'd round, they are to help the fly to play up.

Q. Did you ever see a press used in the mint for coinage without those springs?

Sandall. No, I never did.

Q. If a press is unfinished, do you call that a press?

Sandall. I should take this to be a press; there were the springs ready to fix; it was finished, and they might be put in as soon as the question might be asked.

Q. Can the skrew of the press be taken out and soon put in again?

Sandall. No, Sir.

Q. Suppose you see a watch without the pendulum, would you call that a watch?

Sandall. I never saw a pendulum.

Q. Could you work the press in the condition you saw it?

Sandall. No, because the springs were not fixed; but the moniers know better than I do.

Q. How many presses did you ever see beside those in the mint and this?

Sandall. I have seen one in the hands of a tradesman, who engraves dyes, and makes buttons and such things.

Q. Are those presses that are made for watch keys, cane heads, and such things, made in the same method as those in the tower?

Sandall. I never saw any of them.

Q. Could this be made use of in making metal buttons?

Sandall. It might.

Q. Do you do halfpence and farthings in the same press?

Sandall. We do; it is only changing the dye; it does not require so strong a weight to coin a shilling, or sixpence, as it does to coin a halfpenny, I suppose.

Q. Could this press be made to coin a shilling?

Sandall. I am sure it would coin a shilling, or deux sols piece.

Q. Have you ever seen the head of a cane taken off?

Sandall. I have.

Q. Is there not rosin in it?

Sandall. There is.

Q. Did the prisoner say what use he made of these things?

Sandall. He told the justice they were to make medals and coin.

Q. Did he express what coin?

Sandall. No, he did not; he used the word coin.

Q. Was not the word deux-sols-piece mention'd?

Sandall. I don't remember that it was. I believe he said it was not intended to make any coin of this kingdom; he said they were to go to Canada, and that he was employed by a certain gentleman, whom he refused to name, and he was to have forty pounds every month.

Q. Did he mention any thing else beside medals and coin?

Sandall. I believe he mention'd buttons, medals and coin.

Q. from prisoner. Did not I tell you where you might find the press?

Sandall. He did; he said he had a press in his house.

William Hankins . I am one of the moniers in the mint.

Q. What is a monier?

W. Hankins. That is one that makes the money. I saw the press that Mr. Sandall found in Winchester-street, it is a proper press for coinage.

Q. Were the springs in it?

W. Hankins. No, they were not when brought to the Tower.

Q. How long time does it take to fix them in?

W. Hankins. They are put in in a minute.

Q. Is it like those you use in the Tower?

W. Hankins. It is just such a one as we use for sixpences, shillings, half-guineas and guineas.

Q. Could you make use of this in coining money the same as with those at the Tower ?

W. Hankins. We could, but not so expeditiously as with our own.

Q. What is the use of the springs?

W. Hankins. The use is to lift up the box after the piece is struck.

Cross Examination.

Q. How many other presses have you ever seen besides those in the Tower?

W. Hankins. I never saw any in my life besides this and those in the Mint.

Q. Could you have coined guineas with this press if the springs were not in?

W. Hankins. We could, may be one in an hour.

Q. Was there any leather on the fly of this press ?

W. Hankins. No.

Q. Are there not leathers on the fly of your presses when they are worked?

W. Hankins. There are.

Q. Is this as big a press as yours in the Mint?

W. Hankins. No, it is not as some are; it is about the middle size.

Q. Could this be used to coin any base mettle, either halfpence, farthings, or deux sols pieces?

W. Hankins. Yes, it might.

Q. Would this coin a medal?

W. Hankins. It would.

Q. Could the press be worked without the leather?

W. Hankins. We could strike a single piece.

Council for Crown.

To Mr. Sandall. Did you see any leather when you found the press?

Sandall. I believe I saw none; there was the iron fixed to the press to pull with, there was a piece of cord fixed to one end, and a cord will do as well as leather.

Q. to Hankins. Is it necessary to have the leathers on when it is not working?

Hankins. When it is not worked neither cord nor leather is necessary, but when they work it they put them on; we can strike some money with only the push of it without a man standing to pull it.

Q. What money is that?

Hankins. Pennies.

Q. Is a press the same without the leathers?

Hankins. The press is the same without them.

Q. Was the fly fixed?

Hankins. It was, ready for work.

William Vanderesck . I am one of the moniers.

Q. Have you seen the press Mr. Sandall found in Winchester-street?

W. Vanderesck. I have; it appears to me to be a proper press for coinage; I cannot say I examined it thoroughly, but it is proper for any piece not bigger than a shilling or a guinea, it is not big enough for crowns or half-crowns.

Q. Were the springs on when you saw it?

W. Vanderesck. No they were not.

Q. Can it be used without the springs?

W. Vanderesck. It may be one piece or so, without the springs.

Cross Examination.

Q. Did you ever see such a press in tradesmen's hands?

W. Vanderesck. No, I never did.

Robert M' Gill. I know the prisoner Mr. Bell; I live at Woolwich; he came to me there, and asked me if I could help him to a smith that could make a press for striking of medals; this was in June last; I said I could; so we went so a tavern; he asked me when I should be at London; I said the next day, to see the review in Hide-park.

Q. What is your business?

R. M' Gill. I am a smith; he desired me to come to his house, which I did; then I took him to Puddle-dock-hill, to a man I think named Wood; Mr. Bell told him that he wanted a press to strike some pieces of the same size with some that he shewed him.

What sort of pieces?

R. M' Gill. They were copper pieces whitened, and a yellow piece about the bigness of a guinea; it had an impression on both sides; two round O's on one side, and the head of a man on the other. He is shewed a yellow piece. They are such as this; the man said he could make one of that size for about twenty pounds; but they could not agree; so I asked him if he could direct us to see one any where; he said he had made one for forty pounds for one Mr. Yeo in Covent-garden, and he believed he would shew it me.

Q. What is that Mr. Yeo?

M' Gill. I have heard he is an engraver for the Mint in the Tower. Mr. Yeo strikes large medals, such as they make presents of at the universities, bigger than a crown piece. I went and told my brother, that if Mr. Bell had one made, I would get him the job; so took my brother to Mr. Yeo's, and told him that a gentleman wanted a press made, and desired he would let him look at it; he showed us the press and all about it; then I went and carried Mr. Bell there, and he saw it; Mr. Yeo shewed him a great many pieces he had struck with it. Mr. Bell pulled his piece out of his pocket, and told him he would have some such cut; Mr. Yeo said he could not do it without acquainting the master of the Mint. Mr. Bell said he did not care who knew of it; so we parted; I went and saw the presses in the Tower after this. My brother and Mr. Bell met next day, and bargained to make a press; I think he was to give my brother twenty-five pounds.

Cross Examination.

Q. Did Mr. Bell come to you in a publick manner?

M' Gill. He did; he did not whisper, or in-join me to keep it a secret. We went in at a publick house, and talked about it the next day; he made no secret of it.

Q. What did he say he wanted it for?

M' Gill. He said he would do buttons, cane-heads, nails, and watches.

Q. Did you think there was any harm in what you were about?

M' Gill. No, I did not think there was.

Council for Crown.

Did you ever see any cane heads of his striking?

M' Gill. No.

Q. Or metal buttons?

M' Gill. No.

Q. Did Mr. Bell say he wanted a press for striking small coin as well as medals?

M' Gill. I cannot say that; I think he said he wanted a press to strike those things he shewed.

Q. Do you take that yellow piece to be gold or brass?

M' Gill. It appears to me to be gold. He told me there was a settlement at Canada, near Nova-Scotia; and he was to make some medals for that place.

Q. What did he mean by medals?

M' Gill. I think he said medals.

Q. from prisoner's council. Are you sure that this piece you have been shewn is the very same piece he shewed to Yeo?

M' Gill. It is like it; but I never read the inscription round it.

Q. What is Mr. Bell's trade?

M' Gill. He was brought up a gentleman as far as I know.

Council for Crown.

Had you ever been in his company before he came to you at Woolwich ?

M' Gill. I had; but we were not very much acquainted.

Q. Is he a button-maker?

M' Gill. No, not as I know of.

Q. Is he a cane-head maker?

M' Gill. No.

Q. Is he a dealer in brass?

M' Gill. I cannot tell.

Nenien M' Gill. My brother the left witness

Q. When was this?

N. M' Gill. It was in June, on the same day that the review was in Hide-park; he shewed me a piece of coin, and a pair of dyes made to it; I did not then know what it was; they call it a Louis-d'or. He is shewn the yellow piece of coin. It was such a piece as this.

Q. to Sandall. Look at that piece; where had you it?

Sandall. This is the same piece that the dyes were to have been engraven by, and I have the dyes here.

N. M' Gill. Bell said it was to make such pieces as those. I went to Mr. Yeo's in Covent-garden to see that press; after that I went to the Tower two or three times to see them. When the press was made I carried it home; I was to have ten guineas advance, and have got about 7. Afterwards Mr. Bell said that as soon as it was ready he was to work it.

Q. Who advised you to go to the Tower?

N. M' Gill. My brother; he had seen them before.

Q. When did you carry it home ?

N. M' Gill. I cannot tell the day. I forged a pair of dyes by his direction, and carried them to the engraver; but they were never made.

Mr. Sandall produced a pair of dyes not finished.

N. M' Gill. These are them which I forged by Mr. Bell's orders; the Louis-d'ors were given to me by him, in order for the size of them.

Q. Do you know of any gold being melted?

N. M' Gill. Yes, there was some gold melted by order of Mr. Bell, to be struck by those dyes; but we made no trial, they not being finished.

Q. What gold did you melt?

N. M' Gill. Mr. Bell and I together melted thirty-six shilling pieces.

Q. Was there any order given to work this secretly?

N. M' Gill. There was none; he said he did not care who saw it; only in case any body should see it and take the trade out of his hands, then he should he a loser by it.

Q. Did he mean the Louis-d'or? that found out one Mr. Elgar an engraver; Mr. Bell ordered me to get the dyes engraved as the other. I went with my fellow-servant to Mr. Elgar, and we agreed for a guinea and a half; then my fellow-servant took me to a flatter's, where the gold was to be rolled; I took it there by Mr. Bell's order.

Q. What was that to make?

N. M' Gill. It was to make such pieces as these, meaning the yellow pieces produced.

Q. to Sandall. Describe the nature of making guineas, and from what.

Sandall. It is necessary we should have the gold flatted out of the bar, to be worked to the size that the piece of money is to be of.

Council for Prisoner.

Did you ever see a press like this in the custody of a tradesman?

Sandall. I saw a press something like this in the hands of an engraver, who engraves dyes to strike buttons with; but I did not examine it.

For the prisoner.

John Daubin . I have known the prisoner about eleven months; he sent some Birmingham ware to me, consisting of snuffers, corkscrews. &c.

Q. When was this?

Daubin. It was in June.

Q. Were they of his own making?

Daubin. I don't know that they were: there was one cane head, I cannot say what it was made of, whether gold or pinchbeck.

Q. Can you tell who made it?

Daubin. No, I cannot, indeed.

Q. Can you tell whether he made it?

Daubin. I don't know, it is concluded Birmingham ware.

Q. When was this?

Daubin. About eleven months ago.

Q. Did you ever know he was any trade?

Daubin. I never knew he was.

Q. Have you seen him many times since you first knew him?

Daubin. Very often, I have been at his lodgings.

Q. Did you see any press?

Daubin. No, I never did.

Cross Examination.

Q Bell, when he dealt with you, as a person that was setting up to make Birmingham goods?

Daubin. That I did, and understood that he was to go on with Birmingham ware, to make snuff-boxes, or any thing of that ware.

Q. What were your reasons for it?

Daubin. Because he told me so.

Q. Have you any other reasons beside that ?

Daubin. No, I have not.

Mary Daubin . I am wife to the last witness, I know the prisoner, and have known him about eleven months.

Q. Do you know of any trade he was carrying on?

M. Daubin. I bought some things of him in the Birmingha m way, as snuffers, a corkscrew, and buckles; he shewed me a sample of some cane heads.

Q. Can you tell any otherwise than what he told you, that he made them?

M. Daubin. I do not know.

Henry Phillips . I work in watch chains and buttons.

Q. How are they made?

Phillips. In different kinds.

Q. Did you ever see any press used for that purpose ?

Phillips. Yes, I have, but I never had one.

Q. What are they used for?

Phillips. In the jewelling way, and for buttons.

Q. What sort of presses are they?

Phillips. They seem to be the same as those in the Tower, to the best of my knowledge, though I have not seen them in the Tower for 20 years.

Calverley Pinkney. I have seen all the various presses that are used in the mint; and have also seen several in tradesmen's shops they are the same sort with those in the mint.

Q. What trades are they commonly used for?

Pinkney. They are us'd for striking the bows for watch keys, and for watch chains, and for the metal pieces for the dial plates of watches, for cane heads, buttons, and divers other things.

Q. Does the press make only a flat impression?

Pinkney. There are dyes prepared of divers forts, there is two of them, the one concave and the other convex, and the swiftness of the to the impression, and the spring gives the rebound; the quicker the blow the neater the impression; and it requires a press of the same force with those in the Tower to make the work neat.

Cross Examination.

Q. Will the presses you have seen coin money?

Pinkney. According to their size they will coin all sorts of money.

Guilty

By consent of the Attorney-General, and the Counsels for the prisoner, the judgment was respited till after the opinion of the twelve Judges .

77. (L.) John Smith . was indicted for stealing one black gelding, value 3 l. October 26; and one black gelding, value 8 l. November 2 , the property of Robert Scoley . +

Robert Scoley . I live at Grays in Essex . On the 25th or 26th of October my locker told me he miss'd a horse out of my ground. I was apprehensive he was stray'd away, but we could hear nothing of him. On the 1st of November I lost another, named Jolly, out of my stable. I heard the prisoner was in Wood-street Compter, and going to him he told me he had sold one the week before, but could not tell where he was; he said, he would come by and by, and tell me where I might meet with him. I asked him where my jolly horse was; he said, at the Black Horse in Bartholomew Close, near Smithfield, where I went, and saw the buyer of the horse, whose name is Stevens. The owner of the stables his name is Lewis.

George Lewis . I am constable of Little St. Bartholomew. I keep livery stables. On the 2d of November the prisoner brought a horse to my stable, which he was suspected of stealing; he was charged with it, and I was ordered to take him into custody; after which the prosecutor came and owned the horse.

Q. to Lewis. Who brought that horse to your stable?

Lewis. I was not at home at the time; but the prisoner owned he brought him.

The prisoner had nothing to say in his defence.

Guilty Death .

78. (L.) Daniel Jourdan was indicted for wilful and corrupt perjury . The prisoner was quitted without going into the evidence.

79. (L.) James Farr was indicted for wilful and corrupt perjury .

Acquitted .

Thomas Elford , otherwise William Edgel , capitally convicted last Sessions, received his Majesty's pardon, on condition of transportation for seven years .

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

Received Sentence of Death 9. John Hambleton , John Smith , Richard Hutton , Dennis Neal , John Mason , John Welch , Robert Keyes , Grace Grannet , Steven Barnes .

Judgment of two respited, John Bell , and Israel Walker. The last moved in an arrest of judgment.

Transported for 7 years, 33. Richard Bailey , B - E - , Cath. Bullock, Ben. Bray, Ann Tinsley , James Markham , Ann Newman , Stephen Fielder , Mary Richmond , George Clark , Ann Monk , Ann Pew , William Emott , Richard Denton Peat , Thomas Warner , John Hearne , John Sharerrd , James Wyatt , Samuel Davis , Susannah Nisby , Walter Bedford , Ann Stowman , Elizabeth Armstrong , William Hyan , Christopher Woodland , John Bryant , Jane Rebecca , Mary Foreman , Elizabeth Taylor , Philip Adams , Thomas Oliver , Mary Craddock , and Ann Smith .

Branded, 4. John Winter , otherwise Wilkinson, William Griffice , William M'Gee, and Luke Bates .

Whipp'd, 1. Elizabeth Scofield .

Thomas Elford , otherwise William Edgel , capitally convicted last Sessions, received his Majesty's pardon, on condition of transportation for seven years .

Just publish'd, price 8 s. bound, the second edition.

BRACHYGRAPHY, or short-writing, made easy to the meanest capacity. The persons, moods and tenses, being comprized in such a manner that little more than the knowledge of the alphabet is required to the writing hundreds of sentences, in less time than spoken. By T. GURNEY, writer of these proceedings,

Printed for the author and sold by the booksellers in town and country; where may be had by the same author, The Apparatus or a long short hand, price 2 s. 6 d. Consisting of but 36 characters of the former book, intended for the use of those whose complaint is the want of leisure to attend to the divers rules there laid down.