Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 April 2014), January 1754 (17540116).

Old Bailey Proceedings, 16th January 1754.

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 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, and Monday the 21st, of JANUARY.

In the 27th Year of His MAJESTY's Reign. NUMBER II. for the Year 1754. BEING THE Second 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. 1754.

[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.

BEFORE the Right Honourable THOMAS RAWLINSON , Esq; Lord Mayor of the City of London, the Right Honourable the Lord Chief Baron PARKER *, Sir MICHAEL FOSTER , Knt. +. Sir THOMAS BIRCH, Knt. || WILLIAM 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 the Judge by whom the Prisoner was tried. L. M. by what Jury.

London Jury.

John Barwick ,

John Bird ,

Anthony Stayner ,

Joseph Hurt ,

John Westgarth ,

Frederick Nicholls ,

Edward Toms ,

John Keys ,

James Penny ,

Charles Wilkins ,

William Knowlys ,

Thomas Chapel ,

Middlesex Jury.

William Heritage ,

Samuel Slade ,

George Barber ,

William Colins ,

Samuel Doyley ,

Daniel Barnes ,

Jonathan Jennings ,

John Carpenter ,

Daniel Stother ,

Griffith Edwards ,

Joseph Pemberton ,

John Drew .

80. Hannah Ash , spinster , was indicted for stealing one linen shift, one cotton gown, one linen handkerchief, one pair of silver sleeve buttons, and one half guinea , the goods and money of Richard Beach , Dec. 5 .

To which she pleaded guilty .

[Transportation. See summary.]

81. (M.) Peter Foreman and Mary his wife were indicted for stealing one pair of linen sheets, value 6 d. one copper sauce-pan, value 2 d. one bolster, value 2 d. the goods of Joseph Sheers , in a certain lodging-room let by contract Dec. 1 . ++

The prosecutor missed the goods mentioned out of the prisoners lodgings; they were taken up, and both confessed the taking them, and also where they were pawned; and they were found accordingly. The prisoners had nothing to say in their defence.

Both Guilty .

[Transportation. See summary.]

[Branding. See summary.]

82. (M.) Sarah Williams , spinster , was indicted for stealing one brass kettle, value 10 s. the property of Joseph Smithson , Dec. 28 . ++

Ann Smithson . I am wife to Joseph Smithson , we live in Round Court, in the Strand , he is a broker . On the 27th of December last I was informed a woman had taken a large pot from the door; I followed the woman into Chandos-street, where she was running along with it, but seeing me come after her dropped it, and one Hawkins took her; I took the pot up, and returned home, having left no body in the shop.

Mary Busbey . I saw a woman take a pot away from the prosecutor's door, and run away with it, but cannot say the prisoner is the woman; I did not see her face. I went and told Ann Smithson , she went after her, and the prisoner was brought back.

Burley Hawkins. I was at the prosecutor's shop when the last witness informed them of a woman that had taken a pot away. I went with Ann Smithson , and saw the prisoner drop the pot. I took her, and brought her back to Mr. Smithson's shop; Mrs. Smithson took the pot, which was delivered to the constable, who is not here.

Prisoner's Defence.

I have not been near Round-Court these three months, nor never saw the pot till after I was taken up.

To her character.

Mr. Welch. I keep the Bell in Fleet-street, I have known the prisoner about nine months; I never heard any thing ill of her. She lived with me about six months, and behaved well all that time.

Guilty .

[Transportation. See summary.]

83. (M.) Elizabeth wife of Joseph Kempster , was indicted for stealing one feather-bed, value 14 s. one bolster 2 s. one pillow, one flaxen sheet, one copper tea-kettle, one brass candlestick, one pair of bellows, the goods of Mary Kennedy , widow , in a certain lodging let by contract, &c. December 23 . ++

Mary Kennedy . I live in Scotland-Yard , the prisoner was with me six or seven weeks before she went away, then she took the key with her; the room was let to her, her husband she said was in Jamaica. I opened the door, and missed the goods mentioned. She was taken in less than a fortnight; when taken she told me where the things were pawned and sold, and that she took them in the morning before I was up; we went as she directed, and found some of the things. [produced in court, and deposed to.]

Thomas Stevens . I belong to Mr. Perry in Castle-street, Leicester Fields, he is a pawnbroker, the prisoner pawned these two pillows and tea-kettle with me.

Prisoner's defence.

I do not know the last evidence. I am not guilty.

Guilty .

[Transportation. See summary.]

84. (M.) John Allen was indicted for stealing one linen shirt, value 1 s. 6 d. the property of Thomas Fazakerley , Dec. 15 .

++ Acquitted .

85. (M.) William Derter was indicted for stealing 70 lb. weight of rags, value 4 s. the goods of Thomas Wetworth , Jan. 11 .

++ Acquitted .

86. (M.) William Ford was indicted for stealing one mare, of a black colour, value 12 l. the property of Nicholas Healing , Oct. 4 . ++

Nicholas Healing . I am a butcher , and live at Hounslow ; I had a black mare, along with two other horses and a mare, in my ground, about a quarter of a mile from my house, they were all safe over night, but on the 4th of October in the morning the black mare was missing. I found her again on Tuesday the 9th at Spinham-land in Berkshire, in the possession of Abraham Sandey the younger, who was subpena'd, but is not here.

Q. How came you to find her there?

Healing. I had told Matthew Davis of my loss, who knew my mare, and as he was going to Wayhill Fair said he would enquire, and if he could hear any thing of her, he would send me word. After which he sent me a letter, with an account that he had seen her at Sceal beyond Reading; so I went, and by enquiry found her out.

Launcelot Hide . I live at Twickenham, and was sent for by the prosecutor to Reading, as I had lost a mare at the same time. I went, and saw the prisoner there in the Compter. Coming from thence I saw Sandey the younger come gallopping hard up the town on the prosecutor's mare. The prosecutor came, and he, I, and Sandey, went to the prisoner, there they both charged him with stealing the mare; but the prisoner said he bought her, and owned he sold her to Sandey; and Sandey said he gave him six guineas for her.

Q. Did he say who he bought her of?

Hide. He said he bought her of the man that lived at the George at Old Brentford. But I knew there was no such sign there. The prisoner had got my mare there, at the Black Horse, which I had again.

James Ascue . I live at the King's Arms at Reading, the prisoner brought the mare to my house on the Saturday after the prosecutor was robbed, I know not the day of the month; he wanted to sell her to me, but I thought her too heavy for my business, therefore did not buy her.

Thomas Painter . I am servant to the prosecutor, and on Thursday the 3rd of October, about two or three o'clock in the afternoon, the mare was put into my master's ground; but the next morning the rails were broke down and the mare gone.

William Horton . I live at the Black Horse in Reading, the prisoner came and put the mare into my stable the 5th of October. She had a white face and a rat tail; he told me he had bought her; he went out with her again, and returned and staid all night: He went away after that, and returned again, and was taken in my house.

Matthew Davis . I am a neighbour of the prosecutor's, I was going down to Wayhill Fair, he had told me he had lost the mare. I knowing her, said, I would see and enquire after her, and if I could hear of her, would send him word. I put up at the Bull at Sceal, and saw the prisoner riding on the prosecutor's mare. I was not near enough to speak to him, but knew the mare very well.

Q. Did you know the prisoner before?

Davis. No. I never saw him before in my life, as I know of.

Q. Which way was he going?

Davis. He rode out of an inn yard, and on towards Reading; I went to the house, and asked the hostler, if he knew the man who had just rode out; he said, he did not. I then got a person to write a letter to the prosecutor, to let him know where I had seen the mare.

Prisoner's Defence.

I bought the mares both together of two men, one of whom was taken up at Hounslow; but I, being then confined at Reading, could not go to swear to him, and so they let him go.

Guilty Death .

There was another indictment against him for stealing Launcelot Hide 's mare; but being cast on this, he was not tried upon that.

87. (L.) Anne Beezley , spinster , was indicted for stealing a set of green bed curtains and vallens, val. 10 s. one pair of linen sheets, two blankets, one copper saucepan, one copper teakettle, two flat irons, three brass candlesticks, one looking glass, the goods of John Jervas , the same being in a certain lodging room let by contract, &c. Dec. 13. *

John Jervas. I let a ready-furnish'd lodging to the prisoner the 6th of last month. She went away the 13th in the evening; not returning, I went into the room the next day, and missed the goods mentioned in the indictment, [ naming them all over.] I took up the prisoner, and charged her with taking the things; she told me where they were, saying she had sold some, and pawned the rest, and by her direction I went and found the curtains, blankets, vallens, saucepan, and looking glass, at Mr. Shilingworth's, in Water-lane, Black-friars, where she had sold them; he delivered them to me. The sheets, candlesticks, flat irons and teakettle were at a pawnbroker's and were deliver'd to me also.

Prisoner's Defence.

I did not take all of them myself.

Guilty .

[Transportation. See summary.]

88. Robert Barber was indicted for that he, together with John Thorp , not yet taken, did steal forty guineas, two half guineas, five 36 s. pieces, four moidores, one two moidore and half piece, one quarter of a guinea , the money of Abraham Julian , Dec. 16 .

To which he pleaded Guilty .

He was a second time indicted for forging a certain acquittance for the sum of 13 s. 11 d. 1/2, and uttering the same as true, well knowing it to have been forged, with intent to defraud , Dec. 4 .

As no evidence appeared to prove the forgery, he was acquitted .

[Transportation. See summary.]

89, 90. (M.) Elizabeth Eaton and Catherine Davis , spinsters , were indicted for stealing one steel tobacco box, val. 2 s. and 3 s. in money, the property of Mark Verit , privately from his person , Dec. 24 . ||

Mark Verit . I was coming down Bow-street, Covent-garden , the 16th of December last, betwixt three and four in the morning; Elizabeth Eaton came and took hold on me round the waist, and Catharine Davis and the evidence Mary Williams coming on one side, with the other prisoner on the other, they picked my pocket of 3 s. and a tobacco box; they then crossed the way. I told my friend who was with me, that they had robbed me, and we then went and took them.

Q. How near was he to you when they stopped you?

Verit. He was close by me when they first came up, but was gone forwards. There were two men came up to me, and one to my friend, who came to rescue them. One of them d - n'd me for medling with his wife, as he called her. Then we got the assistance of the watchmen, and carried Elizabeth Eaton to the watch-house; the next day the other prisoner came to the watch-house to see her, and said to Mr. Harrison, the constable, in my hearing, There will be no danger, if I go and bring the tobacco box. She went, and bringing it delivered it to him; then he secured her.

Q. Which picked your pocket?

Verit. I can't say. One says it was one, and the other says it was the other.

William Middleton . I was along with the prosecutor at the time. He was before me, and I saw Elizabeth Eaton lay hold on him round the waist. I walked forward to a cellar in Russel-street, and had a glass of rum. He called out, he was robbed; we went after the women into Charles-street, and there laid hold of Eaton. Several people came to her assistance, one of whom took me by the collar, and asked, what I had to do with his wife? I desired the man to let me alone, and he did; she ran into Russel-street, where, with other assistance, we took her, and the watch carried her to the Round-house, which is all I know.

Thomas Carey . Upon the 16th of December Eaton was brought to Covent-garden watch-house. I am watch house-keeper. She was charged with picking the prosecutor's pocket of a tobacco box and 3 s. In a little time after the other prisoner came, and said, if it would make matters up, she could bring the box again; the constable incouraging her, she went and fetched it, upon which he detained her.

George Harrison . I was at the Round-house, and asked the prosecutor who he charged? He said, nobody but Eaton; I then said, Turn every body out, but Catharine Davis desired to stay. She then said, if matters could be accommodated, she could bring the box again. I said, How long will you be gone? she said, About half an hour. She then w ent and fetched it, and we detained her. He produced the tobacco box, which was deposed to by the prosecutor. Catharine Davis said, the money was spent; after she had brought the tobacco box, she said, she hoped she should come to no harm; I said, she was only to go to a goal to be admitted an evidence; but Mary Williams went and surrendered herself, and was admitted. I am constable.

Mary Williams . On the 16th of December the two Prisoners and I met the Prosecutor in Russel-street. We took his tobacco box, and ran away; Catharine Davis 's man, or bully, who lives on her gettings, came to help her when taken. When they opened the box, she said there were but two shillings in it. Davis's bully and I went into the Round-house to Eaton; but the prosecutor said he had nothing against any body but Eaton, so did not meddle with me.

Eaton's Defence.

I was going down to Covent-garden, and saw the prosecutor running after the evidence; he could not take her, and so took hold on me. He carried me to the Round-house, where being searched, nothing was found about me.

Davis had nothing to say in her defence.

Both guilty of felony only .

[Transportation. See summary.]

91. (M.) Samuel Portman was indicted for the wilful murder of Elizabeth wife of George Norman . He also stood charged on the coroner's inquisition with manslaughter, Nov. 12 . +

Charles Lane. I am fourteen the 19th of April. On the 12th of November my mother was ironing at the window, with me standing by her. We live in Gloucester-court, White-cross street . This was betwixt four and five o'clock; we heard a great noise, and my mother ordered me to open the door, which I did, and saw the prisoner stand on the other side of the way with a piece of brick bat in his hand; his wife was near Mrs. Norman's door.

Q. How far was he from his wife at that time?

Lane. About nine or ten yards, the alley in which they were is about two yards broad. His wife saw Mrs. Norman put her head out at her door to see what was the matter, and cried out, For God's sake take care. But before these words were well out of her mouth the brick bat hit Mrs. Norman on the forehead, and then bounded into the kennel.

Q. Did you hear any words between the prisoner and his wife before this?

Lane. Before I opened the door I heard his wife say, You Dog, I keep you.

Q. Was the noise you before heard a noise of quarreling?

Lane. It was.

Q. How far is the kennel from the door?

Lane. A little above a yard.

Q. How large was the brick bat?

Lane. It is a quarter of a brick. It was produced in court. This is it. Mrs. Norman clapped her hand to her forehead, and said, For God's sake send for Mrs. Willis; for I am almost killed; then the deceased's husband took him, and carried him into Mr. Norman's house; they asked him how he came to throw that stone? He own'd several times that he threw it, but not with a design to hurt that poor woman; meaning Mrs. Norman.

Elizabeth Willis . I was call'd in, and saw the poor woman bleeding. Mr. Norman and his son brought in the prisoner. They sent for an apothecary, who said the place was very bad; the prisoner said, he threw it at his wife, but did not know he had hurt any body; this he said several times. I had heard much talk between the prisoner and his wife. She said, You rogue, don't I keep you? and such aggravating words. The witness Charles Lane is my son by my first husband.

Q. When did she die?

Willis. She died on the 5th of December. This was on the 12th of November. I attended her, being a neighbour, all the time of her illness; she found herself as well as could be expected the first fortnight, afterwards complained of a pain shooting thro' her head; then her stomach fell off.

Q. Was this wound the occasion of her death, do you think?

Willis. I take it it was; for she was in perfect health to the time she looked out at her door.

George Norman . I am husband to the deceased. On the 12th of November I was sitting by the fireside, and heard a great noise by a woman; my wife being washing in the house, she opened the door to see what was the matter. She had not opened it above a minute and half before she said she was almost killed. I got up and went to the door; there was Charles Lane standing at his mother's door, I said, Who threw this? and he pointed to the prisoner; there was none but him near. My son and I then went and laid hold on him, and brought him into my house. He told me he did not throw it at my wife, but at his own wife. His wife came in, and he said, This comes by your tongue, this is all along of you, and was going to beat her. I asked him where he lived; he said, he was out of business, and could make no satisfaction. I took him before Justice Withers, and a surgeon giving an account that the wound was a very bad one, he was committed.

Q. When did she die?

Willis On the fifth of December. She kept her bed for about a week; we were in hopes, for near a fortnight, that she would have recovered. She always complained of a very great pain in her head, and that when she bent her head forward she had a violent weight upon the forepart of it. I judge that was the cause of her death; for she was in good health before, and was then a washing.

Q. from Prisoner. What was her opinion of it?

Willis. She often said this wound would be the death of her; but she was of opinion, from his words, that he did not intend to throw it at her.

Elizabeth Norman . I am daughter to the deceased, and was standing by my mother when she was washing. Hearing a noise, she opened the door and looked out, and in about a minute the brick bat cut her in the face. I saw the brick bat fly from her face to the kennel, which is about a yard and half. She turned into the house, and put her hands to her forehead, which was covered with blood. The prisoner was brought in, and said he flung it at his wife.

Q. to Charles Lane. How far was the prisoner's wife from Mrs. Norman's door?

Lane. Not a yard.

Q. from prisoner. Have you heard your mother say it would be the occasion of her death?

Lane. She always said she thought it would.

Q. from prisoner. Did not you hear her say it was done by accident?

Lane. I don't remember she said any thing about it.

Q. to Norman. Who pick'd up the brickbat?

Norman. Charles Lane and my son picked it up.

Richard Riley . I am a surgeon, and attended the deceased. I was called in that day to dress the wound. I found a pretty large one across the right eye-brow, and the upper part of the skull was quite bare. I could find no fissure nor fracture. A fissure is a crack like a hair, and we try it with ink. There was a large effusion of blood from the wound, and she complained of being very faint and weak. The next morning she told me she had had a good night, and there were no fever or bad symptoms for about a fortnight. My man attended her two days. I went next day, when she complained of a pain in her head, back, and neck; she had a fever coming on, and her pulse was quick. She continued growing worse and worse for about a week, and then died, which was in the morning, the fifth of December. After her death, I opened her head before the coroner's jury. Upon taking off her scalp, we found the member that closes the brain quite free from any coagulated blood. When we came to divide the dura mater, we found a collection of matter on the right side the head, the same side the wound was given, but the left globe of the brain was in its natural state.

Q. Upon the whole, what in your opinion was the cause of her death?

Riley. In all probability it might be from a rupture of a small vessel, which might be occasioned by the blow given, from the concussion of the brain. Such a concussion of the brain is much more dangerous, than if the skull had only been broke. When she was so well as I have mentioned, Mr. Norman applied to me to certify to the Justice she was out of danger, to get the prisoner out of Jail. The deceased said she thought it was an accidental thing, that she unfortunately opened the door, and the man threw the stone at the same time.

Q. What occasioned that fever?

Riley. It is my opinion it was from that eruption of the brain.

Robert Taylor . I am headborough. About four o'clock Mr. Norman came and told me to come to his house, and said a man had thrown a stone at his wife, and had hit her. There was the prisoner, he said he did not intend it for her, but to affright his own wife; but she opening the door, it happened to hit her.

Prisoner's Defence.

I happening to go into a publick house, my wife came in and called me all the names she could, and up with a stone to break the window, but I desired she'd desist till I had paid for my two pints of beer. I took the stone out of her hand, and jerk'd it away, and it happened to hit this poor woman.

For the Prisoner.

James Smith . About eight days after this accident I went to the deceased's house in behalf of the prisoner, and the surgeon was there, who said she was in a fair way of recovery. She said she was better, but in pain, and was very willing to let the man out of jail, but her husband was against it, and wanted five shillings per week till she could work, and to pay all charges. She said to him, let him out by all means, as it was an accident, and was not flung with an intent to hurt her, and his abiding in jail will be no satisfaction to her.

Q. to Norman. Do you remember your wife saying these words?

Norman. No, I remember no such words.

Isaac Campion . The prisoner was my servant five or six years, and I never knew him behave amiss during that time, nor ever heard to the contrary but that he is an honest man.

John Burnham . I have known the prisoner about seven years, and take him to be a very honest man.

Guilty of manslaughter .

[Imprisonment. See summary.]

92. (L.) Anne Ashley , widow , was indicted for stealing one stuff gown, value 6 d. one pair of stays, value 3 s. and one pair of sheets, value 2 s. the goods of John Smith , Dec. 29 . ++.

John Smith . I lodge in Bishop's Court in the Old-Bailey , and am a printer . I lock'd my door, and went out to work at nine in the morning on the 29th of December, and found it broke open when I return'd, (being sent for about eleven in the morning) and the things mentioned were taken away, which I left in the room when I went out. The prisoner was taken with the things upon her.

Q. Did she lodge in the house?

Smith. No, I never saw her before as I know of. The constable was charged with her before I was sent for, and she begged I would excuse her. I took her before my Lord Mayor, and there she did not own the taking the goods, as I remember, but said the door was open.

John-Matthews Graydon. I live in Ratcliff-Highway. I was going to Mr. Eliot, that lives in that house above Mr. Smith, and met the woman with her lap full of things, who told me no such person lived there. I called Mr. Eliot, and he answered; I asked him what sort of a neighbour lived the stairs below, he said they were not at home; then I replied there was a thief, and told him I had met a woman with some things in her lap; upon which we pursued her, and took her in St. Sepulchre's church porch with the goods upon her; we sent for the prosecutor, and the prisoner owned she took the goods.

John Eliot . I lodge over Mr. Smith. The last evidence told me he met a woman on the stairs which he suspected to be a thief; I looked into the room, and found the sheets were gone off the bed; we pursued, and took her in St. Sepulchre's church porch.

[The goods produced in court, and deposed to by the prosecutor.]

Prisoner's Defence.

I was in liquor, and did not know what I did.

Guilty .

[Transportation. See summary.]

93. (M.) Sarah, wife of Charles Griffice , was indicted for stealing one copper tea-kettle, value 2 s. one copper saucepan, one pewter dish, two blankets, two linnen pillow cases, one copper stewpan, the goods of George Cole , in a certain lodging-room let by contract December 23 . ++ .

Mary Cole . My husband's name is George Cole , and we live at the Horse and Groom in St. John's Street . I let a ready furnished lodging to the prisoner and her husband, and missing the things on Christmas-day, I took her up, and she confessed where she had pawned them, and that she herself took them away, and her husband knew nothing of the matter. Some of the goods I have got again by her directions.

Joseph Jewel . I heard the prisoner confess the taking these goods.

Prisoner's Defence.

I have a bad husband, who does not bring me half a crown a week; so it was necessity that obliged me to take them, and my husband ordered me so to do.

Guilty 10 d.

[Whipping. See summary.]

91. (M) Elizabeth Pettit , was indicted for stealing one stock bed, value 1 s. 6 d. one blanket, one boulster, one pillow, one pair of bellows, and three chairs , the goods of Rebecca Smith , widow , October 15. *

Rebecca Smith . I took the prisoner to lodge with me, and being taken very ill. I was obliged to go to St. James's Infirmary, and left her there. when I came back again, I missed the things mentioned in the indictment, and several other things.

Q. Upon what conditions did you take her in?

Smith. She was to be there for nothing.

Q. When did you go to the Infirmary ?

Smith. On the 25th of September. I was there seven weeks. The prisoner sold the goods to Mr. Hartley in Tothill-Street, and I have seen them there; since the prisoner confessed she sold them before me and several others.

Sarah Strughton . I live next door to the prosecutrix. I know the prisoner lay with her. The prisoner told me, after the prosecutrix was gone to the Infirmary, she had received an order to sell the goods, to get a little money to buy her a little wine to comfort her, so I help'd to carry the goods to the broker's, and saw her sell them for one and twenty pence. After this I went to the prosecutrix, and asking her if the prisoner had brought her the money she made of her goods, she replied she sent her no such order.

Q. to prosecutrix. Did you give her an order to sell the goods?

Prosecutrix. No, I did not.

Prisoner's Defence.

The prosecutrix sent me a letter to sell them by a woman.

Guilty 10 d.

[Whipping. See summary.]

95. (M.) Sarah Barefoot , spinster , was indicted for stealing one silver watch, value 40 s. the property of Richard Tomley , privately from his person . December 10 . ||

Richard Tomley . I am a chairman , and waiting for a lady in Welbank Street by Oxford Market , I lighted of this prisoner and another woman. It was a very snowy night. I went into a watchman's apartment, the man went out, and I fell asleep in a chair, being tired. When the man came in he awaked me, and the two women were gone, I then missed my watch, but do not know who took it. The man said he would endeavour to right me. We both ran down Oxford-Road, and the first house we went into was the Two Brewers near St. Giles's Church, where we took them both. We had a soldier to assist us, and he had the watch put into his hand by the other woman, who owned before the Justice she took the watch from me, but the prisoner owned nothing.

Daniel Kelley . The prosecutrix and others were coming down Oxford-Road, inquiring after two women, and I went to their assistance: we took the prisoner and another woman at the Two Brewers, where I saw the soldier deliver the watch to the constable, and say it was Bess Perry that gave it to him; which is the other woman.

John Price . I am a watchman at Oxford Market. I had a fire, which the prosecutor desired he might sit by, and sent me for a full pot or hot; when I came in I awaked him, he missed his watch, and the two women were gone that came in with him; we went out to look for them, and found them at the Two Brewers in St. Giles's. When we came to the constable's house, at the Hampshire Hog, the prisoner said the soldier had got the watch; then the soldier owned he had hid the watch in a spout under some snow, so he went and brought it in.

William Cooper . I am a watchman, and was at the taking the prisoner. [He confirmed the testimony of the others]

Prisoner's Defence.

Going to look for my husband I saw the prosecutor talking with Elizabeth Perry , and asked her to drink; then she asked me, and we went in at the crown, where he called for two pints of hot. After that Price came in, Perry asked him to let us go to his house; we went, and he and she were together at one end of the room a good while. He was very much fuddled. After which Perry and I went to the Two Brewers in St. Giles's. where they came and took us, had us to Mr. Flanerkin's the constable, and there searched us. I said to Perry, if you have the watch, give it him; she replied, you fool, the soldier has got it; upon whic h he delivered it. The bill was found ignoramus at Hicks's Hall against Perry, which was intended for me, but they mistook the prisoner for me.

Acquitted .

96, 97, 98, 99, 100. (M ) Thomas Radborn , otherwise Ambrass , John Bell , Daniel Pugh , John Radborn , and Anne Brown , otherwise Eler , spinster , were indicted for stealing three Holland shirts, value 13 s. and twelve yards of hooping cloth , the goods of Jeffery Burton , January 10 . ++

Jeffery Burton. I live in St. George's in the East , and keep a slop shop . I missed the goods mentioned, but knew not who took them. Mr Gardner called upon me, and asked me if I had been robb'd; I replied I had, of three or four Holland shirts, and about thirteen yards of hooping cloth; he answered he had one of the thieves with him, which was Daniel Pugh . Pugh said he knew where two of the thieves lodg'd, and that there were two or three more concerned in the gang, who all liv'd in an empty house in East Smithfield. We went there, and there came two of their company and knocked at the door; they were soon let in, and I, the officer, and a watchman went in likewise, where we found four of them, but one got away; but the evidence telling us where they resorted to, which was at the house of Anne Brown, we got a warrant, and took her and Thomas Radborn . We took them before Justice Rickards, where we found three of my shirts, one upon the evidence Hambleton, one upon Thomas Radborn , and another on John Bell . I lost these goods on the tenth of this month out of my shop window, and found the hooping at a pawnbroker's in Spittle-fields, but not pawned by any of the prisoners.

Samuel Hambleton . I am turned of fourteen years of age. Thomas Radborn , John Bell , Daniel Pugh, Jack Radborn , Anne Brown , and I, were together at the taking these things. Thomas Radborn took them from near the prosecutor's window, on a shelf : this was I believe on the tenth of this month, between eight and nine o'clock. Anne Brown staid under an arch, and I was by Thomas Radborn . We brought them to Anne Brown , and she took them home to an empty house in East-Smithfield, where John Bell and I lived. Bell, Thomas Radborn , and I, had a shirt each, and we were to pay Pugh when the cloth was sold, who was to have three shillings for his share. Anne Brown had seven yards of the cloth to make her a gown, which was cut off; she said afterwards she sold it for six shillings; and the other piece was carried to a pawnbroker's. Pugh had some of that money. The three shirts were found upon us three.

Thomas Radborn's Defence.

I am as innocent as the child unborn.

Bell's the same.

Pugh. I was not concerned along with them, but happened accidentally to be coming by at the time.

John Radborn . I am of the affair

Anne Brown . I know nothing the boy is speaking of

To Bell

Samuel Smith . I have known Bell about twelve years; he is a weaver. I never heard any dishonesty of him before that.

All five guilty .

[Transportation. See summary.]

101. (L.) Thomas Waters was indicted for stealing 1 Ounces of brass, val. 8 d. the property of Thomas Jeffery , Jan. 1 . +

Thomas Jeffery . I am a brass turner : the prisoner was my servant . I know the brass, which was bought of the prisoner by two evidences now here, to be my property. Produced in court, in two parcels, and deposed to. The whole is 17 Ounces; the prisoner came to work with me but the Friday before.

Henry Lusham . I am servant to Mr. Hambleton, a brass founder. The prisoner brought this parcel to sell, [ taking up a parcel.] Dec. 31, about eight at night, it weighed 11 ounces, and the prisoner had fivepence halfpenny for it. As it was patterns and suspicious brass, my master blamed me for buying it, and the prisoner coming by the next day, we took him.

Q. to Prosecutor. What is the value of it?

Jeffery. As old brass, it is worth 5 d. a pound

Charles Trinkwate . I live with Mr. Gyles, a founder, in Shoe-lane. [ He takes up the other parcel. ] This I bought of the prisoner at the bar on the 1st of January, it weighed six ounces, and I gave him 3 d. for it.

Prisoner's Defence.

It is the first fact I ever did in this world

Guilty .

[Transportation. See summary.]

102. (L.) Michael Riley was indicted for stealing one linen handkerchief. val. 2 d. the property of John Randall , Dec. 28 . ++

John Randall . On Christmas Friday a woman came to me in Cheapside, and said, she had found a chain of a watch. She said, she wished the right owner had it again; I gave no heed to her, the prisoner was with her just behind me. I put my hand in my pocket, and missing my handkerchief, said somebody had got it, and then turning about, saw the prisoner drop it out of his hand on the ground. I got assistance and took him before my Lord Mayor, where he denied it.

Prisoner's Defence.

A woman said to the prosecutor. You have dropped something, you have dropped your handkerchief, and the prosecutor took it up.

For the Prisoner.

On the 28th of December, about six at night, I walked side by side with the prosecutor and seeing him drop something, said, I believe a dozen times, Why do not you pick it up? The prisoner was coming along, but made a stop, and a woman in a black bonnet and scarlet cloak came by and took up a handkerchief, which she gave to me. He then flung his basket from his shoulder, and taking the prisoner by the collar, said he had picked his pocket.

Prosecutor. This is all false, and this is the woman that said she had pick'd up a chain of a watch.

Q. Did not the prisoner belong to you?

Elener. No, I was coming side by side all alone. The prosecutor was in liquor.

Q. to Prosecutor. Was you sober?

Prosecutor. I was very sober.

Eleanor Brown . I have known the prisoner ever since he was born, but never knew him to wrong any body.

Bridget Green. I have known him from six years of age, but never knew any ill of him in my life.

Hugh Scandon . The prisoner worked for me two or three years, and never wrong'd me.

Guilty .

[Transportation. See summary.]

103. (M.) Edward Allen was indicted for stealing one black weather sheep, val. 5 s. the property of Thomas Rant , Esq ; Dec. 13 .*

William Banes. I am Shepherd to Mr. Thomas Rant . We lost 57 sheep 5 weeks ago last Monday from out of a piece of turnips at Northall in Hertfordshire . I went in search of them, and found some of them in a field at the Ram at Islington, on the Thursday after; and I found another parcel of them, among which was the black weather sheep, on Christmas-day, at a place of which I don't know the name; but I received this parcel, consisting of nineteen, besides the black one, of one Story, a Butcher. They were branded with R. L.

Q. Whose property was the black sheep?

Banes. It is the property of Mr. Rant.

Q. By what did you know it to be his?

Banes. By the brand, by its countenance, and every thing.

George Story . I am a butcher, and bought twenty sheep of the prisoner at the bar. We bargained for fifteen guineas, they were then in the ground of Mr. Thomas, at Edmonton; the prisoner deliver'd them to me, and I took them to my own ground; he told me he sold them for one Robert Lucas , who, he said, was his father in law. This was on the 14th of December, and on the 15th John Plastow came and owned them in the name of 'Squire Rant, who is now very ill.

Q. Was there ever a black weather sheep among them ?

Story. There was. Banes came on the 25th, and owned them in his master's name, upon which I delivered them to him.

Q. Did you pay the prisoner the money?

Story. No. I was to have paid him on the Friday or the Monday following; but they being owned, I did not. I had given him half a guinea earnest.

Q. Did you know the prisoner before?

Story. No, my Lord. I never saw him before, to my knowledge.

John Beecher . I am servant at the town mill at Hertford. On the 11th of December I was at the mill door about half an hour after four o'clock in the morning, where I saw the prisoner standing with a parcel of sheep.

Q. Did you know him before?

Beecher. I did, my Lord. He asked me to help him along with the sheep; I asked him where he brought them from; he said from Cattery. I ask'd him where he was going with the sheep, and he said to Mr. Boreham's at Hodsdon. I took one of the sheep by the horns, and dragged her about twenty yards. Finding the other would not follow, I went in and called two dogs, which I set upon them; then they parted into three or four parts, the biggest whereof went thro' Hertford for London. I and master went away to Hitchen market, and heard no more of the prisoner till the Thursday following, when two men enquired after such a parcel of sheep, saying they were stole from Mr. Rant. I then took a horse, and going to him, told him what I knew.

Herbert Thomas . On Wednesday the 12th or 13th of December, the prisoner inquired whether he could not leave some sheep in my ground, in ordea to take them to Smithfield market; they were put in, and on Thursday, about one o'clock, Mr. Story, who is my tenant, came to my house, and desired me to go with him, and see him make a bargain for some sheep. I went there, and the prisoner agreed to sell him a score of sheep for fifteen guineas. I asked him whose property these sheep were, and he said, they were his father's. I drew the agreement, and he gave in his name Allen, saying he married Robert Lucas 's daughter. The sheep were branded with R. L. Mr. Story gave him half a guinea in part of the agreement, in my presence,

Q. Where is this ground of yours ?

Thomas. It is in the county of Middlesex. On the Friday morning Mr. Story came and informed me, that he heard the sheep were stolen; after which there came two men and claimed them in the name of Mr. Thomas Rant .

Prisoner's Defence.

What defence can I make? I don't know. I leave it to Mr. Rant to do just as he pleases.

Guilty Death .

104. (L.) John Skelt was indicted for stealing 5 pounds weight of raisins , the property of John Porter , Esq ; Jan. 5 . ++

The prisoner was observed by the watchman to take a basket of raisins from amongst divers others at Fresh Wharf , to carry them about five yards, and rest them on an oil barrel; he then went and secured him. The raisins were produced in court, and deposed to be the property of John Porter , Esq ;

Guilty .

[Transportation. See summary.]

105. (L.) Anne M'Cormeck , spinster , was indicted for stealing one linen handkerchief , the property of James Bulkley , Dec. 12 . ++

James Bulkley . I was coming along Fleet-street about the 12th of December last, and a gentleman's servant asking me if I had lost my handkerchief, I answered, that I had. He shewed me the person, who is the prisoner at the bar. I took her before Justice Fielding, where she was searched, and the handkerchief found under her arm. Produced in court and deposed to. She said she did not know whether it was mine or not.

Prisoner's Defence.

I picked it off the ground, tho' the footman said I took it out of his pocket.

Q. Did you feel any body pick your pocket?

Bulkley. I did not feel any hand in my pocket. I was looking in at a print shop; the footman declared he saw her pick my pocket, and was told that he need not appear here, because the handkerchief was found upon her.

Guilty .

[Transportation. See summary.]

106, 107. (M.) Elizabeth Humphrys and Catharine Brown , spinsters , were indicted for stealing one silver watch, value 3 l. one gold ring with a stone fixed in it, value 10 s. the goods of William Grove , privately from his person , January 15.*.

William Grove . I met with the two prisoners on the 15th of January, about four in the morning, in Russel-Street, near a night cellar, where I was going to drink. Moreover, there was a young fellow with them, who asked me where I was going, and I told him. Moreover, the girls asked me to give them something to drink; I said they should be welcome. Moreover, we had a pot of hot on the steps, for the people would not let Brown go into the cellar. We then went to Mr. Tooley's in Covent-Garden , where the three persons were with me, and had some more hot; I believe three pots. Moreover, the other man left their company, but who he was I cannot say. After that we had eighteen pennyworth of punch. Moreover, Catharine Brown put her hand into my pocket, and took out five shillings and sixpence. I did not know when she did it, but she sat by me, the other was at a distance.

Q. What was your hot pot made of?

Grove. I think it was made of gin. They desired to look at my ring on my finger, which I did two or three different times, and they returned it me again. Moreover, and at length, Elizabeth Humphrys drawed it off my finger. I am sensible she did, and charged her with it immediately. The constable came in and laid hold of Brown, and bid her go out, and the other likewise; they said they would as soon as the liquor was drank up. Moreover, we all went together, and just as we got to Jackson's Alley, Elizabeth Humphrys snatched my watch from my pocket, and they both ran away; whereupon I immediately followed them, took Elizabeth Humphrys , and brought her into Russel-Street. I called out watch, and they came to my assistance. She was carried to Covent-Garden watch-house; they desired me to go to bed there, which I did.

Q. Was you not in liquor?

Grove. I was a little, and very little in liquor.

Briant Tooley. Last monday night I was constable of the night, and came home to my house about half an hour after five in the morning. where I found the prisoners and the prosecutor; I desired them to go about their business, they paid their reckoning, and went away. About half an hour after, one of the watchmen came and told me Elizabeth Humphrys and a gentleman was in the Round-House. I went there, but the man was gone to bed; I then searched the woman, but found nothing upon her. Afterwards I went home, and Brown the prisoner was in my house by herself; I asked her what she had done with the gentleman's watch, she replied she knew nothing of it. I carried her to the Round-House, there searched her, and found the watch rolled up in her hair behind, under her cap and handkerchief. Deposed to by the prosecutor.

Humphrys. He gave her the watch and ring to lie with her.

Thomas Carrey . On Tuesday morning last, about six o'clock, the prosecutor brought Elizabeth Humphrys to the Round-House; he charged her with asking a watch and ring from him.

Q Was the prosecutor sober?

Carrey. He was a little fuddled, but not very drunk. A little while after, the constable went out and brought in Catharine Brown , and desired my wife to take her backwards and search her: my wife, I, and Brown, went backwards, she took the ring out of her mouth, and delivered it to me. [Produced in court and deposed to by the prosecutor.] My wife searched her, but found no watch upon her. The constable, when she came out, clapt his hand on her head, and there was the watch on a lump in a handkerchief. The prosecutor said they had had the ring three or four times, but return'd it till the last time.

Elizabeth Humphrys 's defence.

We met the prosecutor, who said he was a taylor, and must go to work in the morning, but wanted to go to a coffee-house, so we had him to the house of Mr. Tooley. There was another young man with him. We had a pot of hot, and another, and another, and eighteen pennyworth of punch. He was very drunk; he gave Catharine Brown the ring off of his finger, and his watch, to lie with her.

Brown's Defence.

The prosecutor gave me the ring and five shillings and sixpence to pay the reckoning at Mr. Tooley's, and he said he would go home and lie with me. He was guilty of very rude things, which I did not like. I told him I had no conveniency for him at home, then he said he'd go with me to lie together at the Greyhound; I replied I would not; then he said he would go and lie with me in some alley. He put down his breeches, and gave me his watch, it fell down and broke the crystal. I took it up, and went to leave it at the constable's house, and to deliver up the ring, but having been knocked down, resolved not to deliver up the watch till I saw farther.

To their Characters.

Catharine Mooney I have known Humphrys a year, and never heard any ill of her.

Margaret Hughs . I have known Brown from her birth, and her character was good till now.

Margaret Vaughan . I have known Brown above a year, have employ'd her in doing plain work, and she never wronged me. I never heard any ill of her.

Thomas Vaughan . I am husband to the last evidence. I never lost any thing by Brown, though she worked and lodged in my house.

Both guilty of felony only .

[Transportation. See summary.]

108. (M.) Henry Champness , was indicted for stealing one pair of linen sheets, two blankets, two brass pots, a linen tablecloth, a looking-glass, one pair of bellows, one iron poker, and one iron shovel, the goods of John Tempest , in a certain lodging room let by contract, &c.

Guilty .

[Branding. See summary.]

109. (M) Thomas Cooke , was indicted for stealing 144 silk handkerchiefs, value 10 l. the goods of Godard Williams , privately in his shop , December 15 . + .

Godard Williams. I can only say I lost these goods on the 15th of Dec. a little after five o'clock, but who took them I cannot say of my own knowledge. They were tied up between two boards in the shop window. A much larger quantity than is laid in the indictment, for I believe there were in the parcel above sixteen dozen. [Some handkerchiefs produced in Court, cut in single handkerchiefs, and the marks taken off.] What convinces me they are mine, some are a pattern of my own drawing. and some spoiled in the printing I have great reason to think are mine. Nay, I have great reason to think they are all mine. One has the printer's name on the selvage of the handkerchief of whom I bought it. The name is Robert Davis .

Cross-Examined.

Q. How long has that pattern been made of your drawing?

Williams. About eighteen months.

Q May not other tradesmen have of the same sort?

Williams. They may.

Q. Do you take upon you to swear to that handkerchief you say is spoiled in the printing?

Williams. Yes, I do.

Q May not there be others spoiled as well as this ?

Williams. There may for what I know.

Bevil Bird. As Thomas Cooke and I were going down the Strand together, we saw this window belonging to Mr. Williams; I lifted it up and shut it down again. This was just before the time of shop shutting. After this Cooke lifted the window up, and took the goods out, of which these are a part. They were packed up between two boards. We went home, and parted them betwixt us. Cooke pawned one in Chick-Lane, at Mr. Keys's; the next day he went and sold some of them, and afterwards shewed me the money. After that he sold a parcel more, which I think was either in Bishopsgate-Street, or Aldersgate-Street. This was all in one day. The next day he sold some more, and shewed me the money. I went not with him at any of the times. The next day he sold some more, and bought the cloaths he has on now.

Cross-Examination.

Q How long have you known him?

Bird. I have known him ever since he kept shop in Holborn.

Q. What are you?

Bird. I am a watchmaker.

Q. How long is this ago?

Bird. It is about a month or five weeks ago.

Q Had the prisoner, you, and his mother, been together at the Crown and Anchor in Little New-Street, near Shoe-Lane, that night the thing was done ?

Bird. Yes, we were.

Q. Did not you propose there to get him into business?

Bird. Yes, I did, and in the same business I am in, when I could get work.

William Mensils . On the 18th of December I was upon parliament duty at Charing-Cross, being a constable for the parish of St. Martin's After it was out I came home, being about six o'clock, to my house in Hemans's Row, St. Martin's Lane, and a person told me there were Bevil Bird and Cooke that had robbed a shop in the Strand, and were at the Crown alehouse at the bottom of Church-Lane in the Strand, and desired me to go and help to take them. There was Bird drinking with some women of the town, I took him, and carried him to the Roundhouse. I was told there was a little bundle dropt under the table, then I returned, and found this handkerchief and six new ones tied up in it. I took them, went back to the Roundhouse, and shewed him this old handkerchief; he said it was his; I replied, then what was in it must belong to you. Upon this he confessed, that he and Thomas Cooke took these from Mr. Williams's shop in the Strand; and six of these handkerchiefs have been in my custody ever since. On the 20th I took him before Justice Cox, there he said part of these handkerchiefs were concealed in one Harrison's house, who was his father in law, and lived in St. John's Street. There I was sent with a search-warrant, and found some more concealed in a bed. Cooke was taken up by another constable, but he told me that Bevil Bird had given him five of the handkerchiefs to dispose of, that he had disposed of them, spent some of the money, and was debtor to Bird for the money.

George Purcel . On the 28th of December the prisoner at the bar was apprehended in the Fleet-Market, and brought to my house. I am a constable, and was charged with him. He said he was taken up for robbing Mr. Williams in the Strand. At the same time there were two handkerchiefs picked up off the floor that lay near the prisoner, [produced in Court] and I asked the prisoner if he dropt them; he denied it. I went to Bridewell, and delivered him. After that I took the prisoner as far as the bounds of the city, to deliver him to the constable, and went to Justice Cox's with him: there he denied having these two handkerchiefs in his possession.

Q. to Williams. Look upon these two handkerchiefs, do you think they are yours?

Williams. I have reason to think they are mine, by having some of the same pattern.

James Brittin . I found Cooke at the Magpye by Holborn-Bridge, and seized him. I was at the constable's house, and saw two handkerchiefs on the ground; the constable asked him if he dropped them, he said yes.

Cross-Examination.

Q. What are you?

Brittin. I am a watchmaker.

William Harrison . I was at the taking the prisoner at the Magpye by Holborn-Bridge. He endeavoured to make his escape, but was stopt, and carried to the constable's house. I saw the handkerchiefs on the ground, but do not know that they belonged to the prisoner.

Prisoner's Defence.

I know nothing at all of them, nor never had them.

To his Character.

Samuel Mason . I have known the prisoner eleven months. He is a very honest man for whatever I heard. He is a scowrer and dyer, and has got an income of about thirteen pounds a year. I do not look upon him to be in necessitous circumstances.

Mary Mason . I am wife to the last witness. I have known him about a year, and have been in his company many times. I never heard any ill of him. I have been informed he has thirty pounds a year.

Sydney Cross. I have known him three or four years, and never knew any ill of him in my life, or heard any. He is a sober young man, and has thirty pounds a year to live on. I know that.

Eleanor Gillet . I have known him these two years, and never heard any ill of him. He always kept company with reputable tradesmen.

Guilty of stealing, but not in the shop .

[Transportation. See summary.]

110. (M.) Elizabeth Hore , widow , was indicted for stealing one silk handkerchief, value 3 d. one pair of leather clogs, value 2 d. one pair of scissors, value 2 d. one half guinea, and nine shillings in money number'd , the goods and money of John Nichols , January 15 . + .

John Nichols . I live at Hampstead , and the prisoner lodged in my house. I losing the things mentioned, suspected her, and upon charging her with it, she owned she took them away. [A pair of clogs, a handkerchief, and a pair of scissors produced in Court.] The prosecutor deposed to the handkerchief and scissors as his property. He produced an iron snuff-box, which he deposed was taken upon the prisoner, in which the money mentioned in the indictment was before taken away.

The prisoner had nothing to say in her defence.

Guilty 10 d.

[Transportation. See summary.]

111. (M.) Martha Mingest , spinster , was indicted for stealing ninety pounds weight of lead, the property of George Cellea , the same being fixed to a dwelling-house , Dec. 29 . ||.

James Bull . I saw a man on the top of the house of Mr. Cellea, cutting off lead, who flung it down, and the prisoner was below picking it up. I went and took her, and she dropt some pieces; upon which I carried her, and some of the lead, to the watch-house, and she was committed.

Prisoner's Defence.

I was going to market, and this man said I belonged to a man that was stealing lead on the house, but I knew nothing at all of it.

Guilty .

[Transportation. See summary.]

112, 113. (M.) Anne Purvise , widow , and Frances Hayes , spinster , were indicted for stealing one pair of linen sheets, value 2 s. 6 d. the goods of George Carlow , January 3 . || .

Elizabeth Carlow . One of the prisoners I employed in my house, the other I took in for a day or two, knowing her mother. I missed the pair of sheets, and immediately suspected the prisoners. Hays told me one was sold, and the other pawned The other owned to nothing.

Deborah Tomison . I bought one of the sheets of Purvise.

Robert Pratt . I am a pawnbroker. Hayes brought the other sheet, and pawned it with me for twenty pence.

[Both produced in Court, and deposed to by the prosecutrix.]

Purvise's Defence.

I am guilty of taking one, and not the other.

Hayes's Defence.

I do not know what to say.

Both guilty, 10 d.

[Transportation. See summary.]

114. (M.) Sarah Conyers , widow , was indicted for stealing one China mug, value 4 s. and one looking-glass, value 10 d. the goods of Isaac Bullock , Dec. 14 . + .

Isaac Bullock . The things mentioned are my property.

Mary Chilwell . I am servant to the prosecutor. On the 14th of December I was in a back room, and saw through the glass door the prisoner come in and take a looking-glass, put it under her arm, and go out of the shop. I went out and pursued her, and charged her with taking a glass. I took up her cloak, and under it I saw the glass, which I took, and immediately charged a constable with her.

James Townsend . I am constable. The last witness brought the glass to me, and called out, Thief, Thief. I took the prisoner into custody, and under her cloak found the china mug. Both produced in court.

Prisoner's Defence.

Chilwell, the girl, gave me the things to pawn.

Chilwell. I never saw her before in my life.

Guilty 10 d.

[Transportation. See summary.]

115. (L.) William James was indicted for stealing six dozen of worsted hose, val. 10 l. and one yard of hempen cloth, val. 6 d. the goods of John Roberts , in the shop of the said John, Dec. 21 . ++

John Roberts . I am a hosier , and live at the Three Kings in Fenchurch-street . On Friday the 21st of December last, between the hours of five and six, as I was writing in my compting house, which is even with the front of my shop, my servant Ebenezer Fidge called me out to look to the shop. I went out, and he went in haste to pursue the prisoner; he and my other servant Harrison returned and brought the prisoner, and goods mentioned in the indictment, into my compting house, and said the prisoner had stole them. I then sent for a constable, and gave him charge of the prisoner.

Q. Did you know the prisoner before?

Roberts. No, my Lord. I never saw him before, to my knowledge. The stockings produced in court and deposed to.

Q. What are the stockings worth?

Roberts. They cost me 11 l. and upwards.

Q. Where were they taken from?

Roberts. From out of my shop window.

Q. Were they withinside, or out?

Roberts. They were within the shop, which, at night, when we shut up, is all inclosed.

John Harrison . I am servant to the prosecutor. On the 21st of December I was within the shop, about two or three yards from the door. I saw a man's face, and two hands take a truss of stockings, as it stood on the bulk, and put it on his head. I was surprized, and could not speak, but ran out directly.

Q. Was that man in the shop?

Harrison. No. He took it from the outside.

Q. Is that bulk part of the house?

Harrison. It is. When we shut up our windows that place where the truss stood is shut in.

Q. Do you reckon it part of the shop?

Harrison. We do. The prisoner was walking softly along with the truss on his head, and I laid hold on his arm. He turned about. I said, You have stole these stockings out of the shop window; he then threw them down, and said, I have taken nothing of yours, stop me at your peril, and would not go back with me; upon which we had a struggle, and he got about four or five yards from me. I got hold on his collar again, and he tore his shirt, and got away again, and went about four or five yards farther, when I again took hold of him, and kept him till I had assistance. We then brought him, and the stockings also, to my master's compting house.

Q. Had you so much sight of the face, as to know it again?

Harrison. I can't say it was the prisoner's face.

Ebenezer Fidge . On the 21st of December, between five and six in the afternoon, I was looking over a parcel of goods, in order to pack them up. All on a sudden John Harrison sprung away from me out of the shop, and looking out at the door, I saw him struggling with a man. I made up to them, and picked up this truss of stockings within about four yards of the door.

Q. to Harrison. Whereabouts did you first seize the prisoner?

Harrison. It was about four yards from the door.

Evidence continues. I brought the truss into the shop, and calling to my master to come into the shop, immediately went to assist Harrison; I believe they were about twenty yards from the door. We had several people come to our assistance, we brought him to my master's compting house, and there I left him.

Prisoner's Defence.

As I was going along Fenchurch-street, near an open bulk, the goods were seemingly piled one upon another, and no grating. A porter was going along with a hamper, which took hold of this truss, and pulling it down, almost stunn'd me. I took it up, and called after the porter, saying he had dropt something; but he kept going on. I had put them on my head, in order to carry them after him, when this man came and laid hold of me. I said to him, They are none of yours; he took hold on me, and I cleared myself of him as well as I could. They then called, Stop thief, and I came back, and went into the shop.

To his Character.

Mr. Carpenter. I have known the prisoner twenty years. I am a wine-cooper, and he is a vintner; I have trusted him with brandy, rum, and wine. He has carried them out and brought me the cash, and this within these two months.

Thomas Priod . I have known him betwixt eleven and twelve years. I was with him abroad in the East Indies five years. He is a very honest man, and his general character is good.

Thomas Cook . I have known him above two years, and he is an honest man, as far as ever I heard.

Anne Gibbs . I have known him about a year; he is a very honest industrious man.

John Booth . I have known him twenty years and upwards; he always bore an honest character; he portered for me.

Francis Hays . I have known him about nine months; he is very honest, as far as ever I heard.

Guilty Death . Recommended to mercy.

116. (L.) George Butler was indicted for stealing ten pounds weight of tobacco, val. 5 s. the goods of Richard Osbourne and company , Jan. 5 . ++

The tobacco was in hogsheads on board a lighter, near the custom-house. The prisoner was observed by the merchants watchman to come out of the lighter. He was apprehended, and ten pounds weight of tobacco found upon him, which was deposed to be the property of the prosecutor and company. Produced in court.

The prisoner said in his defence, that he was coming over the lighter's bow, but kicking against that tobacco he took it up and put it in his bosom.

He called Thomas Goodwin , who had known him two years, and Jane Mansell , who had known him half a year, who gave him a good character.

Guilty .

[Transportation. See summary.]

117, 118. (L.) Grace Bunn , widow , and Catharine wife of John Bunn , were indicted for stealing thirty yards of woollen cloth, val. 8 l. the goods of John Howel , Dec. 22 . ++

John Barnet . I am a packer, and live in Aldermanbury. I sent my servant Joseph Cotton , on the 22d of December, to Mr. Snaps, a packer in Fenchurch-street, for fourteen pieces of woollen cloth; he brought five of them the first time. He went for the rest, and returning, told me there was one missing.

Q. Whose goods were they?

Barnet. They were the property of Mr. John Howel .

Joseph Cotton . I was sent by my master, on the 22d of December to Mr. Snaps for fourteen pieces of cloth. I brought five, and left the other nine there then; but when I went again for them there was one piece missing from off the pile.

John Readway . I am a journeyman to Mr. Winter, a clothworker. On the 22d of December I went to the Cock and Magpye, a publick house. The two prisoners at the bar brought in this piece of woollen cloth, which they had in a basket, and offered to sell it to any body in the house. A piece was produced, which Mr. Barnet deposed to as the property of Mr. Howel. I went and looked on the cloth, and asking the price of it, Grace Bunn said I should have it for half a crown a yard. I suspected by the price it was not honestly come by, so gave her a shilling to bind the bargain, till I could get a constable to take them up. I went out to see for one, but not being able to find him, I then went to a justice of peace, who was not at home, but the clerk telling me that I might take him up myself on suspicion, I went back and told the old woman, if they could make a proper title to it, I'd give her the money before the justice. She was willing to go along with me. I carried them to the constable's house under a pretence to have a pint of beer. He was then at home, and I charged him with them.

Q. Did Catharine Bunn say any thing about bargaining for the cloth?

Readway. She said as much as the old woman did about offering it to sale.

Q. from Catharine Bunn . Did I not desire you'd lend me a guinea on it to advertise it?

Readway. No. She did not talk of any such thing as advertising it.

William Rimall . I am a journeyman Clothworker, and work with Mr. Winter. I was at the Cock and Magpye with the last evidence, on the 22d of December; this piece of cloth was brought in and exposed to sale by the two prisoners at the bar. I asked Catharine Bunn how she came by it, and she said it was pawned at her mother's house. I asked her what she would have a yard for it, and she said half a crown. While my partner was gone to see for a constable, I went with the mark and Number, to inquire who had lost such a piece of cloth, and was directed by one of the business to Mr. Howel.

Q. Were they both concerned in offering the cloth to sale?

Rimall. They were.

Thomas Cooper . I am constable. The cloth and two prisoners were brought to my house. I took them in charge, and have had them in custody ever since.

Grace Bunn 's Defence.

I had been at Tower-hill. Coming back, in Mark-lane, and at a step at a door there lay this piece of cloth; it was very dirty. I could not lift it. but brought my basket, and getting it in, carried it to that house.

Both acquitted .

119. (L.) Benjamin Ditto was indicted for that he, together with Sarah Holt and Mary Merrit , not yet taken, on the king's highway, on Robert Colter did make an assault, putting him in corporal fear, and danger of his life, and one handkerchief made of silk and cotton, val. 4 d. one linen handkerchief, val. 4 d. and eight shillings in money number'd, from his person did steal, take, and carry away , Jan. 6 .*

Robert Colter. On the 6th of January, about nine in the evening, going from out of Little Britain to my house, the prisoner suddenly seized me with his hands at my breast, in Gravel-lane, near Aldgate ; the two women came and pinion'd me down behind, and one of them stopped my mouth with her hand. The prisoner said something to me when he stopped me; but they gave me no time for an answer; they put me in fear, and took from me eight shillings in money, a silk and cotton handkerchief, and a linen blue check one.

Q. From whence did they take them?

Colter. The handkerchiefs were taken from out of my coat pocket, and the money from my breeches pocket. As soon as they let me go I ran in at the Ship alehouse, which was directly before me, and not twenty yards off. I asked for the landlord, who was not at home; I told the landlady I had been robbed near her house, and desired her to assist me by sending for a proper officer; she sent for a constable, and I looking round the house, saw Daniel Martin , whom I knew. He, I, and the constable, with some other people that were there, went out into the street. A woman looked out at a house near where I was robbed and said, The house is beset. I directly went in with the constable, and in a lower room there was a woman, a boy, and a child. I said none of these were the people I wanted. I went up stairs to a room, but the people within refused to open the door. We then returned into the street.

Q. Did any body within that room answer you?

Colter. They said they would not open the door. When we were in the street, I looked amongst the crowd, and there espied the prisoner at the bar, and Mary Merrit .

Q. Was you acquainted with either of them before?

Colter. No, I was not. I gave the constable charge of the prisoner; but he would not take him into custody, for which I have indicted him. He is not here, he said, his name is Dolphin. I went then immediately home, for fear of being ill used. The next day I went and inquired about, and having got the name of the prisoner and Merrit, I had the prisoner apprehended.

Q. Do you know who took your money and handkerchiefs from you ?

Colter. The prisoner took the money out of my pocket.

Q. Was it light enough to discern him?

Colter. There was a lamp before, and another behind me, by the help of which I took observations of his face and habit.

John Plumer . I was along with Mr. Hambleton the constable, and the prosecutor, before my Lord mayor. There the prisoner confessed that Mary Merrit and Sarah Holt were in company with him when the gentleman was robb'd.

Rebecca Torrant . The prosecutor came into our house, and said he had been robbed. I sent for an officer to assist him, and they took the prisoner that night, and brought him into my house. There the prisoner said he knew nothing of the robbery.

Daniel Hambleton . I am constable. The prosecutor and Plumer came to me, and gave me a warrant against the prisoner and Mary Merrit . I went to the ship in Gravel-lane, but could not find them there. As I knew Merrit and the prisoner, I then went to Merrit's house, and laid hold of her. She made a noise, and a great number of people came out, among whom was the prisoner, blustering, and asking what was the matter. I quitted the woman and laid hold on him. There I took him aside, and questioned him. He told me then where to find the two women that were concerned with him. I asked him who was the third person concerned with him, and he said her name was Holt.

Q. What did he mean by the words concerned with him?

Hambleton. It was not explained, and I did not ask him.

Prisoner's Defence.

Moll Merrit keeps the house where I lodge. The prosecutor brought two women up stairs when I was in my bed. He gave one sixpence to be concerned with him. After she had got hold of the sixpence she would not let him. They awaked me, and I awaked myself, and saw he had a white great coat on. He pulled it off, and put it upon the bed. I got out of bed, and when he saw me he went down stairs, saying to Merrit. Don't use me ill. She took a candle, and lighted him down stairs, for which he gave her a halfpenny. I never saw him down stairs after that night, neither did I go down.

For the Prisoner.

David Thomas . I was in a room joining to that in which were the prosecutor and two womem, who came that night into this house. I was washing myself, and going to put on a clean shirt. They went into my room, and I was in the prisoner's room. As I was going into the room I saw the prosecutor give one of the women sixpennyworth of halfpence; Anne Rowley was one of them. He had a roqueleau on, which he pulled off, and laid it on a chest in my room. After he had given away the halfpence, having a stick in his hand, he was going to lick these two women.

Q. What did he want to lick them for?

Thomas. Because he wanted to lie with them for the sixpennyworth of halfpence, and they would not let him. I then spoke to the prisoner to go out and see what was the matter. He went out of his room into mine, and the prosecutor went down stairs. Nobody stirred out of the room till such time as the prosecutor brought the constable.

Jane James . I live next door to the house where this thing was acted. I was over the way, and my children came and told me, there was a great crowd about the door. I looked out, and there was the prosecutor, the constable, and a carman. They wanted to break open a door above stairs. I said the people were hard-working people, and I believed they were in bed, and that sure they must be mistaken in the house. The prosecutor insisted upon it that it was the house, and that he was robb'd up one pair of stairs. He told the constable he'd return him if he did not go up and break open the door. Presently came down a woman, who, he said, had robbed him, and he desired Dolphin, the constable, to take her in charge; but he would not.

Q. What is the prisoner's general character?

J. James. I never knew any ill of him in my life.

Sarah White . I saw the prosecutor, as I was coming home with a pennyworth of turnips and a leek, under the alley gate with two women, and heard him make a bargain with them for sixpence; he said he had no more money, and if they would go they might; then I saw them go in at this house where David Thomas lives.

Acquitted .

120. (M.) George Cole was indicted for stealing one pinchbeck metal watch, value 7 l. the property of Thomas Minett , privately from his person . Jan. 10 . ||

Thomas Minett . I was in Hick's hall on the close of the poll for a coroner; I felt a hand in my left pocket, which I seized by the wrist, (it was the prisoner) then he catched up his hand, which was his left hand, and out came my watch; I catched at it with my right hand, but he took it with his right hand out of his left, and gave it to another man that stood near him. I held him fast, and called out I have lost my watch. A gentleman took the prisoner by the right arm, and my friends came to my assistance: We took him to the Wind-mill Inn into a room and sent for a constable.

Q. Why did not you secure the man he gave it to?

Minett. He moved off directly. We asked the prisoner where he lived, but he pretended to be dumb, and in hammering out words he made us understand he lived in St. John's-street: A gentleman said, then you may soon send for some body to your character. When the constable came he said the prisoner did not live there: Then he hammered out he lived in Spittlefields, and by pulling out a piece of rag and a thimble, he by signs and broken words signified he was a taylor. We examined his finger, but saw no mark of that trade on it; after which we took him to New-Prison. Powel the constable dropped us going along; for which reason the turnkey would not take him in. Then I sent for another constable, and he was taken in. After which we took him before Justice Fielding; his wife was there, and said he had lost the use of his speech.

Cross Examination.

Q. Did you know the prisoner before?

Minett. I have seen him before.

Q. Are you certain you lost your watch at that time?

Minett. I know it came out of my pocket then, and by the prisoner's hand. I felt it come out of my fob.

Q. Are you sure you had your watch in your fob when you went in there?

Minett. Here are people here that know I had it in my fob just before.

Q. Are you sure that was your watch which you saw?

Minett. I know it was my watch, it was what I saw and felt. It was done at the cry Make way, and there was at that time a sort of an opening near me.

Q. You say he hammered out words, could you understand him ?

Minett. He spoke several words which I could understand very well at the Windmill inn.

Q. If you could well understand him, how came he to pull out this thimble and cloth to shew you he was a taylor?

Minett. He did speak some words in a very indifferent way.

John Prayter . The prosecutor and I went from the Ram inn in Smithfield to Hicks's Hall at the closing of the poll, and I following the prosecutor in, the prisoner pushed in between him and me. I stood at his right shoulder, and his left hand came up to the prosecutor's side. Immediately he called out I have lost my watch. I seized the prisoner by his right arm, which at that time was in motion, and the prosecutor had him fast by the left hand wrist; we carried him to the Windmill inn, where some gentlemen in the room wanted to have him searched, but the prosecutor said no, no, there is no occasion for that, for I saw him deliver the watch into another man's hand. Somebody asked the prisoner where he lived, he said St. John's Street in a very bad manner. I said, do you mean St. John's Street? he replied, a, a. By this I understood he knew what I said to him, so we carried him from thence to New Prison.

Cross-Examination.

Q. On which side of the prisoner did you stand when the prosecutor said he had lost his watch?

Prayter. I was at the right shoulder of the prisoner.

Q. Did you see him deliver a watch to any body?

Prayter. No, I did not.

Q. Did you see a watch at that time?

Prayter. No, I did not see a watch at all.

John Tyther . When the prisoner came to New Prison, we told the under keeper for what we brought him; the keeper said, this man has not got the watch, but I will lay a guinea to a shilling I know who has got it. I saw the prosecutor pull it out to see what a clock it was, which was on that evening, at the Ram inn in Smithfield.

Edward Richardson . I went with the other witnesses from the Ram in Smithfield to Hicks's Hall at the close of the poll, and standing next to the prisoner of the bar, the yard being very full, Mr. Minett hit my shoulder, and said I am robbed of my watch by this fellow. I immediately took him by the collar, and we carried him to the Windmill inn; there we asked him who he was, and where he lived; he pretended to be dumb, but with great impediment he said St. John's Street, so as I could understand him.

Q. Could you have understood him to have meant St. John's Street, had not the word been repeated to him again by the other evidence?

Richardson. I should. After that he said he lived in Spittle-fields. Mr. Powel the constable was asked if he knew him; he replied, the prisoner did not live in St. John's Street, and added to the prisoner, Did not I tell you to get away? have not I seen you all about here this afternoon? We took him to New Prison, and Powel dropt us at the gate. The under turnkey said he would lay a guinea to a shilling he knew who had the watch, but that this man had not got it.

The prisoner said nothing in his defence.

For the Prisoner.

Mr. Harris. I have known the prisoner about two years. He is a taylor. He has seated my breeches, and mended my cloaths. He is a very honest man. I never heard any thing against him, and if he had wanted forty or fifty pounds, he might have had it of me. He is not a man of bad circumstances. He is a very sober man, and lives in Hair-Street, Spittle-fields.

Michael Newland . I live in Shoreditch, and have known the prisoner about three years. He is a journeyman taylor. I never heard but that he was a very honest man.

Q. Do you think him likely to go out a robbing?

Newland. No, indeed I do not.

Q. Did you ever see him associating with shabby loose people?

Newland. No, never.

Q. How do you look upon his circumstances to be?

Newland. I believe he is not in necess itous circumstances.

Patrick Carrol . I have known the prisoner above a year.

Q. What is his general character?

Carrol. His general character is, that he behaves very well. Upon my oath I do think him to be a very honest man.

John Veal . I have known the prisoner three years, and have seen him at a publick-house in White-Cross-Street. He always behaved himself well, and I never heard any harm of him. I take him to be an honest man. He is not in such necessity as to go out a thieving.

George Low . I have known the prisoner a year and half. I live in the next street but one to him. He has a very good character, and I was very much astonished at the hearing this thing. I am sure he can live without thieving.

Q. Is he a master, or a journeyman ?

Low. He sometimes works as a master, and sometimes as a journeyman.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

121. (L.) Thomas Barnard , otherwise Barnett , was indicted for that he, together with one other person unknown, on the 4th of January , about the hour of two in the night of the same day, the dwelling-house of Boyce Tree did break and enter, with intent the goods, chattles, and monies of the said Boyce Tree , to steal, take, and carry away .

He was a second time indicted for breaking the said dwelling-house, and stealing a cheese, the property of the said Boyce Tree*.

Boyce Tree . On Friday the 4th of this instant my servant, going to shut up the counting house and hall windows, observed the padlock was broke off the cellar door, which is just under the hall window; he came and acquainted me with it. Upon this I went with him to inquire into the cause of it, and found a very large bolt withinside was wrenched off; then I went down into the cellar to see whether I had lost any thing, and I missed one cheese off from a hanging shelf; I then went to examine the door, that goes out of the cellar into the house, and there I found somebody had been wrenching with a crow, that the lower bolt of the door was broke off, and that they had cut away the rabbit of the door, to strain it inwards, because they could not get it open the other way; but that would not do, for there were two screw bolts on the other side. I then went out into the street, and desired my servant to shut the door as he found it; he did, and I observed several places where they had put the crow through; upon this I thought they did not want to steal cheese, but to come to my counting-house. I then sent for a person, whose name is Kiddel, to sit up with my clerk, myself, and servant; they in the counting-house, and I above stairs in the dining-room with my wife, who was very much frighted. He came between nine and ten o'clock, and they began watch about twelve. They had a candle shut up in a closet, so that it could shew no light, and I armed them with a brace of pistols among them, and a sword each, charging them not to stir, nor make the least noise. till they heard somebody in the cellar, and that then they should rush out into the street, and I would come down and screw the cellar door upon them; which I thought was a very good trap. A little after two I heard the street door open, (I had left the window-shutter of the dining-room open, in order to call assistance ) I threw up the window and looked out; there I saw my men struggling against the cellar door, and from the inside I heard a noise of thumping against the door with an iron instrument, in order to make their way out, and before I got down stairs, I heard a pistol go off. Upon the pistol's firing, and my man's calling out for the watch, some of my neighbours got up. I went down stairs into the house, but did not go into the street, not knowing what number there were; and my neighbours coming. I sent down to the watch-house for the constable of the night, but he was gone home to bed; they sent home to his house, and got him up, and he came in about a quarter of an hour's time to my house. There were two watchmen came in before he came, but when he came, the man that I hired, and my own servant, went down to the cellar door with the constable; the man that I hired took the prisoner by the collar, and brought him into the hall. When he came up, I was surprized to see him, I knowing him very well. He is a master carman , and works constantly at Queenhithe.

In a few days will be published the Second Part of these Proceedings.

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 16th, Thursday the 17th, Friday the 18th, Saturday the 19th, and Monday the 21st, of JANUARY.

In the 27th Year of His MAJESTY's Reign. NUMBER II. PART II. for the Year 1754. BEING THE Second 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. 1754,

[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.

Q. HAVE you ever employed him as a carman?

Tree. I am a malt factor , and he very often works for brewers; he has workt for gentlemen who have dealt with me, but they always paid the carman. As soon as he saw me, he begged of me to be merciful to him, and said he could be of very great service to me in making discoveries; I asked him what he could discover; he replied that there was one Peters, a carman, (whom I find since was a partner in the business) concerned with him; that he and Peters had been there the night before, and broke off the lock from the cellar door; and that they stole a cheese; which was all they did take. I then said to him, As you took the cheese only, what was your intent? his answer was, No good, Sir, you may be sure. I then said to him, Had I heard you in my house, and come down to you, what would have been the consequence? for you know that I knew you, and you me, you would have murdered me. No, says he, upon the honour of a man I did not come for murder. I asked him again what he did come for; his answer was, Money. He then fell down on his knees, and begged of me to be merciful to him, and let him be admitted an evidence. I then bid the constable and my men take him away, and they carried him to the watch-house; but I forgetting to examine him before he went away, sent a man to desire they would bring him back, or examine him there, and they brought him back again. I searched his pockets, and took a very large knife out of his coat pocket, and with the knife there was a very large saw, which shut up together. [The knife produced in Court.] In the other pocket I found a tinder box, the matches and steel were not in it, but they were found afterwards on the cellar stairs. I asked him whether he had any other tools; he replied he had an iron crow with him, which he dropt in straining against the cellar-door to get out. The crow was found by my servant, and this is it, producing it. [It was a band crow about eighteen inches long.] My servant also found the dark lanthorn; producing it. [It was a small one, fit to carry in the pocket.] After I saw all these things, I desired they would carry him away to the Compter; they did, and the next morning I was with him before my Lord Mayor. There he owned the taking of the cheese, and said that these tools were his. I went to the prisoner's house on a search-warrant, which one Mr. Pope had got, who had had his counting house broke open a little before, and there I found my cheese.

Q. Do you know any thing of securing your cellar the night Before?

Tree. I believe it was fast, for I always keep the key of the padlock myself.

Q. Had you the key in your possession at that time?

Tree. I had.

Q. Do you know any thing of locking it before you took the key.

Tree. I keep wine in the cellar, and the prisoner's partner brought a pipe of wine into it about three months before, and it never has been opened since.

Cross-Examined.

Q. You say the prisoner owned several facts to you, were they owned freely and openly?

Tree. It was all done freely and voluntary.

Lionel Kiddel . I am servant to Mr. Pelton, a cooper in Wood-Street, and on Friday sev'nnight I was sent for to Mr. Tree's. When I went in, he told me what had happened, as that he had had his house broke open, and a cheese stole out of the cellar, and that another door was wrenched at the top of the cellar stairs. I bargained with him to sit up. He brought us two pistols and two swords; I had one of the pistols, and loaded it with a ball. We went into the counting-house about eleven at night, and the candle we had we shut up in a closet, so that there was no light to be seen; we sat there till twelve o'clock, and concluding we were not near enough to hear if they came to the cellar window, we agreed that we should go out one at a time, and so take it by turn, to watch at the bulk of the cellar window. We did, and we watched till pretty near one o'clock, when we heard them at the cellar window and hall door. I cannot tell who they were. They tapt at the hall door with their knuckles, which I apprehend was to see whether there was a dog. I stood quite still at the door, the others were in the counting-house, and they thinking I knocked for them to come, came softly to me; I desired them to go back; they did. Then they tapped again, and said we are all right, or it will do, I cannot say which. I was not a foot from the door at that time. I then went back into the counting-house to them, there we resolved for us all three to go and stand by the bulk; we did, the clerk stood at the door with a sword in his hand, and in the other hand the latch of the door, I stood next to him, and the footman next to me, and on a signal I was to give to touch the clerk, he was to open the door, and I was to go out. We stood there till two o'clock, and just as the clock struck two, we heard somebody come to open the cellar door, the watch not having been gone by but a very little time; he was not got a hundred yards. We stood still for near five minutes, when I heard somebody at work in the cellar, as though they were breaking the door open; I laid my head down on the bulk to listen, and heard something break. Upon this I bobbed the clerk to open the door, and went out immediately, the footman following me, and the clerk after him. When we came out, we found the cellar door shut, and the bar upon the staple, in the same manner as it was left the night before, which a little surprized me. I had hardly recovered my surprize, before the prisoner at the bar came up to the door, and knocked the bar off from the staple, and the door a little open; I ran directly to the door, and laying hold of it, clapped my knees to the door, and forced it too again. Both the clerk and footman assisted me to keep the door shut. The prisoner made a strong resistance, and got the door open so far, that I could see the head of a man, but not to know him. We shut it too again, and kept it close. The prisoner then beat out part of the bottom pannel of the door, and got it partly open again: he continued forcing, and trying to get out, and with the forcing I slipt, and fell upon my knees, and the others with me; I got up again upon my legs, but before I could get up to the door to shove it too, the prisoner struck me over the eye with some instrument he had in his hand, (he said at the watch-house he believed it was the iron bar he took off from the cellar door) which partly stunned me. I thought I should have fell backwards, but the clerk being near me, saved me from that, and I fell down on one side; I soon recovered myself, and getting upon my knees, I turned my eye towards the cellar window, and saw the prisoner getting out. I then fired a pistol at him, which missed him, and afterwards forced the cellar door quite too again. I then heard no pushing, nor any noise, for the space of two or three minutes; presently after we heard a sudden noise against the door again, upon which I called to the footman for his pistol to fire at him; he made answer he would fire at him himself, and presented the pistol to him, which did not go off, but only flashed in the pan. We then got all to the door, shoved it close upon him, and called out for more pistols. I asked the prisoner if he would surrender, and he said he would; I then put the bar up which goes across the window, and put the footman's pistol in the staple, in order to fasten it; I then bid the prisoner put his hands through the hole that he had broke, that I might tie them, and he put them out. I then said, Take your hands in again, I will not tie them, but I will come down to you the other way. Just about this time some watchmen came to our assistance, (all the while before none came, though we were continually calling out for them) and I charged one of them to aid and assist me; but he said it was out of his beat. Out of your beat! says I, stir at your peril, for here is a thief in the cellar; then some watchmen came from Queenhithe watch-house, and the constable being sent for, the watchman brought word back there was no constable there; then two or three more watchmen went and fetched the constable. I would have gone into the cellar before, but I was advised not to go down till the constable came; when the constable came, he and I went down into the cellar; I took the key and opened the cellar door, the constable being behind me on the stairs. As soon as I opened the door the footman went in, and I followed him; the footman had the candle in his hand, but did not see him: I went in, and turning my head towards the cellar stairs, I saw the prisoner sitting upon them. I had a pistol in my hand, and as soon as I saw him, I cocked it, and said, You, Sir, come down; Sir, says he, I am coming. He came from the stairs, and got upon a stand which they put beer upon. I then laid hold on his collar, and asked if he had any thing in his hands; he opened his hands, and said, No, indeed. I asked him whether there was any body else in the cellar with him; he said no, there was not; then says I, Come along up stairs; he came with me and the watchman to the foot of the stairs, and then the watchman and constable took charge of him. I have known him these eight or nine years, but I did not take notice who he was at that time. After he was taken up stairs, we went into the cellar to see if there was any body else; we found no body, but looking about, we found a dark lanthorn and a carman's white apron, both which we carried up, and gave to Mr. Tree. We then brought the prisoner to Mr. Tree, before whom he fell on his knees, and begged for mercy. I was present at that time. He said his poor wife was brought to bed, and in the straw at that time; adding, that it was one Peters that had brought him to it, who, he said, was with him at that time. Mr. Tree said to him, You are a pretty fellow, what was your design? No good, Sir, says he, to be sure. Then says Mrs. Tree, I suppose you would have murdered all you came near. No, indeed, Madam, replied he. What was your design? said Mrs. Tree. My design was, answered he, for your money. He then said he could be of great service to them; that one Peters had brought him to ruin; that Peters and he were there the night before, and that Peters broke the lock off the door, and took away a cheese. He then desired Mr. Tree to make enquiry after Peters. We went down to the watch-house with him; there he said he believed Peters was gone to the stables, and that we should find him there in the hay loft. Some watchmen and we went down to the stables, but could not find any such person; we returned, and told the prisoner so. Then he desired we would go to Red-Lion-Street, Holborn, and there we might find him, because he kept house there. The prisoner was then brought to Mr. Tree's house again, and was searched. I was present then, and was close to his pockets; in one of which we found a large knife with a saw in it, and a tug pin. He was then carried to the Compter, and the next morning before my Lord Mayor; and we also carried the things we found before his Lordship. There he owned that the iron crow, and the rest of the things, were his.

Cross-Examination.

Q. At what time of the night was this when you heard him come to the door, and say we are all right?

Kiddel. A little after one o'clock. They went away and came again afterwards, but I don't know who they were.

Q. What condition was the prisoner in when you found him in the cellar, was he sober?

Kiddel. I really believe he was.

Philip Richbill and William Tarver confirmed the testimony of the two former witness; only Tarver said he did not remember any thing said about the cheese to the prisoner.

Prisoner's Defence.

I was in a surprize when I was brought out of the cellar, and did not know what I said. The gentleman asked me if I was there the night before, and I said yes; but I was not, for I was in bed by ten o'clock; and the cheese that was found at my house, was brought by Peters. The next morning my horse-keeper saw him come in with it; and he coming up for a candle, saw me in bed.

For the Prisoner.

Robert Hup . I am horse-keeper to the prisoner at the bar, and have been about three months. This Peters came to our house on the third of January in the morning. My master was in bed then.

Q. How do you know he was?

Hup. He was in bed about four o'clock, when I went up for the keys. I always carry hsm the keys the last thing I do at night, and fetch them the first thing in the morning, and when I went to fetch the keys, he was at home in his bed. I went into Peter's stable to light my candle, and I found him lying on some sacks, which I took particular notice of; and there was a carman's apron tied up, which lay just by his head, and which to me seemed much like a cheese.

Richard Crevill . On Friday morning, between five and six, I saw Peters lying on the sacks in his own stable.

Q. Did you observe any parcel at that time?

Crevill. No, I did not; but I wondered to see him lie upon the sacks.

Godfrey Gimbart , Henry Haynes , Benjamin Davie , Wilkinson Barwell, and Mr. Townsend, appeared to give the prisoner a good character, and said they never heard any thing amiss of him before this time.

Guilty Death .

122. (M.) Daniel Wood , butcher , was indicted for stealing four ewe sheep, val. 20 s. one ewe lamb, val. 5 s. and eight rams, val. 5 l. the goods of John Marsh , Dec. 28 . ||

John Marsh . I had four ewes, one lamb, and eight rams in a field, on the 28th of December, and on the 29th they were missing, and the gate of the field was taken off the hooks. I had them advertised, and gave out bills the Thursday following.

Q. Where is your field?

Marsh. It is almost a mile on this side Acton, at Norwood green . The prisoner bearing but an indifferent character, I went there for something to dinner, to see what I could see. There I saw three large pair of lamb stones. I said to the prisoner, Your meat is very bad, but these stones and a bit of bacon will do. Then he took down a shoulder of lamb, a very good one. I agreed with him sixpence for the stones, and fifteen pence for the shoulder of lamb. I said, Bring them to the alehouse, and I'll pay you for them. He brought them, and his countenance changed very much before I said any thing to him about the affair. I then charged the constable with him on suspicion of stealing my sheep. By their size I judged these stones to be taken out of some of my rams. He had a stable, which was shewn to me, and before I came at it I found the cracks were stopped with straw, some of which I pulled out, and looked thro'; there I saw a sheep with but one horn; that, I said, was one of my rams, whose horn was broke by fighting in the summer. I saw also four or five more. The prisoner's wife came, and I asked her for the key of the door, which she said her husband had. We found we could not get it, so the constable broke open the door, and there I saw seven sheep alive, of which I swore to six, but to the other I did not. I asked the prisoner what was become of the skins of those he had killed, and he said he had sold them at Uxbridge the week before. I said, What have you done with the skins of those which you have killed this week; he said, they were gone, and would say no more about them. He was taken before a justice, and his mittimus made for Newgate. From the justice's we took him to the constable's at Acton. There he owned that very sheep which I would not swear to was mine, and that the lamb stones, and the shoulder of lamb, which I bought of him were mine. There was in his shop, a sheep hung behind the door, which was skinned but not cut down; that, he said, was one of my old ewes. The next day I had an information that the skins were in the same place where I found the sheep. I got a search warrant, and going there found eight skins, four of which I then swore to. [ He produced a pair of rams horns branded with I. M. on each horn; these were taken off one of the skins we found, and belonged to one of my rams.

Thomas Bramley . Mr. Marsh is my brother-in-law, and lives near me. He came and told me he had lost those thirteen sheep he has mentioned. On the Thursday following there came one Adams, a salesman, and said he could give him some intelligence about them, adding, there was such a parcel of sheep drove through Norwood-green that night they were lost, and that there lived a man at Hesson who had a very bad character, and was suspected of doing such things. Upon this the prosecutor and I went there to one Mr. Priest, and he said there was such a parcel of sheep drove thro' there the Friday night before, and told us of a butcher who had a bad character, and was likely to do it. The next morning we went to Hesson, to one Mr. Westbrook's, and Mr. Marsh went to the butcher's shop, to see what he could find to eat; he came running over again and said he believed he was right, for he had seen three pair of lamb-stones, which he suspected to be his. He sent for a constable and went over again, and dealing for a shoulder of lamb and the lamb-stones, he brought them over to a room in the alehouse where Mr. Westbrook and I were; the prisoner came also, and Mr. Marsh charged the constable with him on suspicion of stealing his sheep; after which Mr. Marsh and Mr. Westbrook went out, and returning said, they had found seven sheep, six of which Mr. Marsh said he'd swear to, which he afterwards did. The prisoner pretended he bought them of two men, that the name of them was Chapman, and that he met the other by chance upon the road; he was after this in several stories, but at last said these two men, named Chapman, and he agreed to go and steal these sheep out of the field, and drove them on the road, and that at such a place he took them and drove them home, and that they had had it in their heads two or three days before.

Thomas Cotes . On Friday the 4th of this month Mr. Marsh came to my house and asked me to take a ride with him to Hesson. (I am constable of Acton.) He said he had lost some sheep, and was going in pursuit of them. I went with him to Mr. Westbrook's at Hesson. From thence we went to the Coach-and-horses, and drank together. Mr. Marsh said, We must get something for dinner; he went over the way to the prisoner's shop. The rest as the former witnesses.

Mr. Westbrook. The prosecutor, I, and the other two evidences went all together to the Coach-and-horses at Hesson. He confirmed the evidence of all the others; so likewise did Mr. William Henry , the constable, who was with them, and broke open the stable door where the sheep were.

Henry Allen . The two Chapmans whom the prisoner accused (whose names are Peter and John) were in bed the night the sheep were stole at eight o'clock, and between four and five the next morning.

Q. How do you know that?

Allen. I saw them in bed at those two hours.

The prisoner said nothing in his defence, but called the following persons to his character:

Samuel Gardner The prisoner was a servant to me between three and four years ago. I have known him ever since. I always believed him to be a very honest man while he lived with me.

John Ireland . I have known him two or three years, but never heard any harm of him in all my life.

John Dudley . I have known him between two and three years, and never knew but he bore an honest character. He has bought many joints of meat of me, and paid me very honestly.

Robert Lake. I knew the prisoner in the year 49 and 50. He lived in a shop opposite to mine, and I never heard any complaint of him; he was reckoned a very honest man.

John Cottock . I have known him three or four years; he was a journeyman opposite to my shop, in the Fleet market. I have known him to take a great deal of money in his master's absence, but never heard any ill of him till now.

Thomas Walker . I have known him between three and four years, and lent him money to begin trade with, and he paid me very honestly again. I always looked upon him to be an honest man.

- Spencer. I have known him three or four years, and have dealt with him and he with me. I never heard a bad character of him in my life. I looked upon him to be an industrious pains-taking man.

- Lambert. I have known him better than a year, and have traded with him for many pounds. I never could find that he cheated me of half a pound of meat. I always took him to be an honest man, and never heard of the contrary till this unhappy accident.

William Newton . I have known him about a year and half, and always took him to be a very honest man.

Christopher Coombe . I have known him between three and four years; he always appeared to me as an honest man, and I never heard to the contrary till now.

William Lenham . I left off business, and let my shop to the prisoner. Mr. Walker lent him the money. I trusted him about two or three months, and he paid me very honestly.

Bartholomew Eliot . I have known him better than two years, and never had reason to think him any other than an honest man.

Guilty Death . Recommended to mercy.

123. (M.) Anne Jones , widow , was indicted for stealing six silk handkerchiefs, val. 12 s. the goods of Kethurah Vincent , in the shop of the said Kethurah, Dec. 8 .*

Kethurah Vincent. I am a milliner . On the 8th of December last the prisoner came into my shop, and asked to look at some silk handkerchiefs. I shewed her some, and she chose to see a better sort. While I turned my back to reach some down, she conveyed a piece, of six handkerchiefs, from off the counter. She bid me so low I could not take her money, and went out of the shop. I miss'd the piece directly.

Q. Was the prisoner alone?

Vincent. Another woman came in with her; but she was not near the counter. I went after the prisoner, and desired a gentleman to assist me, who said he saw a parcel delivered from them to a third person; but the gentleman said he'd fetch her back. He went and brought her in, and I had her before a magistrate, where she said she would confess the taking them, provided they would not injure her; but at last she owned the taking them before a justice, and cleared the other woman.

Q. What were the words she said?

Vincent. She said she only was guilty, and the other woman was innocent. I took the handkerchiefs.

Charles Forward . On the 8th of December I was at home. Being constable, the prosecutrix sent a servant to me, who said she had been robbed. By that time I was got there, the prisoner and another woman were brought to her house. As we were going to the justice's, the prisoner said she'd confess if they would take her back again. We took them back, and she then confessed that she took the handkerchiefs, and that the other woman was innocent. This also I heard her say before the justice. He produced six silk handkerchiefs deposed to by the prosecutrix. These were delivered to me with a woman that is bailed out. He produced a cloak. The prisoner owned this cloak to be hers.

James Perrin . On the 8th of December last a man came and knocked at my door, and asked me if there was not a strange woman in my room; he went up into the garret, and finding Agnes Kirby , brought her down. (She is the person bail'd out.) I then went up and searching about, I found in a dust tub the six silk handkerchiefs here produced, and this red cloak. I sent for Mrs. Vincent, who described the handkerchiefs before they were opened. We took the woman to the house of the prosecutrix, where were the other two; the cloak was shewn to the prisoner, who owned it as her own, and I delivered it to her; but upon her re-examination she denied it to be hers. Before the justice she owned the taking the handkerchiefs, and that she had delivered them to a woman in a linen gown and scarlet cloak, but did not mention her name. After she had acknowledged the robbery, she told Mrs. Vincent, that if she would forgive her, she would never come there again.

Prisoner's Defence.

I am as innocent of this affair as the child unborn.

Guilty 4 s. 10 d.

[Transportation. See summary.]

124. (M.) Grace Riley , spinster , was indicted for stealing one gold watch, val. 10 l. one cornelian seal, one chrystal seal set in pinchbeck metal, and one metal watch-chain, the goods of Samuel Collins , privately from his person , Dec. 12 .*.

Samuel Collins . On the 12th of December I met with the prisoner at the bar, and Mary Welch , between twelve and one, at the corner of Prince's-street. I went with them to a house in Hedge-lane , and in a room up stairs Grace Riley and I were upon the bed. She got off the bed, and I immediately clapping my hand down to my breeches, missed my watch. I ran down stairs, but she was got off; Mary Welch was in the room all the time. I desired the watchman to see if he could find out the prisoner, and on Christmas-day he came and told me he had got one of them in the Round-house. I went and found Welch, whom I took before Justice Cox, and he committed her.

Q. When had you your watch last?

Collins. I remember it being in my pocket after I was in the room with them.

Mary Welch . I and Grace Riley were standing together. The prosecutor came, and speaking to us, we went with him to a house in Hedge-lane, where he paid sixpence for the use of a room. We were together, and upon his asking if we would have a pint of wine, the prisoner went down for it. After this he clapped down his hand, and said he had lost his watch; he went down and told the woman that he had lost his watch. A watchman then came in, and they went to see for the prisoner to take her up.

William Gee . I am constable, and apprehended the prisoner. He produces a gold watch with the chains and seals, which the prosecutor deposed to as his property, which he lost that night.

John Rabit . On Wednesday the 12th of December, between twelve and one o'clock, my wife brought this watch, as it is, to me while in bed; but I thought it not honestly come by, and so delivered it to the constable.

Elizabeth Rabit . I am wife to the last evidence. The prisoner brought that watch to me that night, and I delivered it to my husband. She had it in her bosom.

Prisoner's Defence.

This girl and I live at Rabit's house. We went out just by the Haymarket one night, and as I was sitting with two or three more girls, she went up to the prosecutor. After they had had some talk, we went all three together to a house. When we came there he asked if we had such a thing as rods? I went down and asked the gentlewoman if she had any, and she had a whisk. After that he desired me to lie down on the bed with him, and the other girl and he asking me to go down for a pint of wine, when I came up again, there lay the watch on the bed, and his breeches were down.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

125, 126. (M.) William Irons , otherwise Isles , and Benjamin Richford , otherwise Richmond , were indicted for that they, on the 16th of December , about the hour of two in the night, the dwelling-house of William Briley did break and enter, and three pigs, val. 3 s. his property, did steal .

William Briley . On the 16th of December, about six or seven in the morning, I got up and found a window below, belonging to the dwelling-house, broke.

Q. In what manner was it broke?

Riley. I had nailed up boards against it, because I would not pay window-light, which were pulled down. This was a lodging room, where sometimes I have laid. There were three sucking pigs, which I had bought the night before, taken away, and going to the place where I keep my sows for breeding, I found the lock of that door broke. I was informed by a person near me, that his lodgers had been out all night, who were Irons and the evidence Price; upon which I took up Price, and he confessed the whole. I went on the Monday following to the White Hart in White-Chapel, where he said they were sold, and there I was informed it was truth.

Q. Did you ever get your pigs again?

Briley. No, I never did.

William Price . The two prisoners and I had been together at an alehouse in Goswell-Street till about four o'clock, on the 16th of December; they both asked me to go along with them, and we all went to the prosecutor's house. Richford and I went over into the yard, and Irons staid by the pales. We broke open one place, where were three hogs; then we went to the window of the house, and Richford pulled away the boards that were nailed up against it, pushed away the straw that was tucked in, and put me into the room, where I found three sucking pigs, which I took and gave to him, and he to Irons. One of the pigs was given away. We were all three together when Richford sold two for a shilling and a full pot of beer each; one to a carman, and another to a woman. Richford asked us to go first of all, for we did not know where the pigs were.

Jacob Harvey . I was with the prosecutor at the taking the prisoners and evidence; we had them all three together, and I heard them all confess this fact, of breaking the house and taking the pigs out. Richford owned he stuck the pigs with this knife, (producing it) which I took out of his pocket.

Samuel Philipson . I was present when the two prisoners and evidence confessed they broke into the house, and took the pigs out.

William Norden . I was along with Harvey and Philips, and heard the two prisoners and evidence confess as before mentioned.

William-Palmer Hide. I have known Richford many years, and was at the Barley-Mow when he was brought in there. He desired I would intercede for him to be admitted an evidence. There he confessed he broke the boards down at the prosecutor's window, that the pigs were handed to him by the evidence, and he handed them to Irons.

John Evans . I met the two prisoners at the bar in Whitechapel on the 16th of December, about nine in the morning, and they offered to sell two dead pigs to me.

Irons's Defence.

When I came out of the alehouse about twelve o'clock I was fuddled, and went into that yard to lie down on the straw; there was Richford, who came to me with a pig in his hand; I said, Where had you it? he answered, What is that to you. He then went and fetched two more, and I went with him into Whitechapel.

Richford's Defence.

The evidence got in the place, took the pigs out, and gave them to me. I never was near the window, nor did I know that the man kept pigs before.

William Wright , Mary Williams , Elizabeth Walker , Anne Hartley , Mary Haynes , and James Burnet, appeared for Irons, and gave him a good character.

Both guilty , Death .

127. (M.) Mary Jones , spinster , was indicted for stealing two linen sheets, value 2 s. one linen table cloth, value 1 s. one muslin handkerchief, three China dishes, two copper saucepans, two copper covers, three China basons, one China plate, one iron frying-pan, one pewter bason, two pewter dishes, one pair of bellows, one looking-glass, and two water-glasses , the goods of Mary Casanover , widow , January 12 . ||.

Guilty .

[Branding. See summary.]

128. (L.) John Hudson , was indicted for the wilful murder of Thomas Moss , December 28 . He also stood charged on the coroner's inquest with manslaughter. ++.

John Johnson . I went into the Two Fighting Cocks in Fleet-Lane on the 27th of December, about eight at night, and was drinking with the deceased, Thomas Moss , and two or three more. The prisoner all of a sudden started up in the next box to us, saying, I will fight the best man in the house for a guinea, and threw down a shilling; then the deceased threw down another, and they agreed to fight the next day at two o'clock. The deceased went out to fetch his child from White-Cross-Street, and before he came back, the prisoner had been to fetch one of his masters out of Fleet-Market. The master said a guinea was a great deal of money to them, and that if they insisted upon fighting, they had better fight for a leg of mutton and turnips. Moss did not come back while the master was there.

Q. What was Moss ?

Johnson. He was a chairmaker . The next day he and I went to the same house, and staid there till a quarter after twelve o'clock, at which time he sent a porter for the prisoner; he came, the deceased drank to him, and they shook hands. He asked the prisoner if he would be as good as his word; to which he answered yes. The prisoner went out again. Then Moss, I, and several more, went to White-Conduit-Fields, the place appointed to fight, and in about ten minutes after we got there, we saw the prisoner. The deceased met him, and shook hands with him. Afterwards they went into the White-Conduit-House together, and there they agreed to fight for a leg of mutton and turnips; then they went to the bar, the deceased drank half a quartern of brandy, and the prisoner I believe drank some wine. After this they went from the house about two hundred yard, there they stripped, and fought for a long time. I believe very near half an hour. When it was over, Moss laid in a very bad and bruised condition upon the ground (though he had the better of it for about the first fifteen minutes ); we took him up, and carried him into White-Conduit-House. The blood ran out at his ears and mouth; we kept wiping him, and thought he had been asleep, he snoring pretty much. The last words he spoke were, I will fight. This was when he was taken up before he fell the last time. We could get no coach in Islington, so we took him on our backs, and brought him home. There were seven or eight of us. We put him to bed, and I got a man to bleed him, who after pricking him, he bled two or three drops.

Q. When did he die?

Johnson. He was dead then.

Q. from Prisoner. How long did the deceased lie on the cold ground before he had his cloaths on?

Johnson. We could not get his cloaths on till we got him to the Conduit-House. Four of us lifted him up as soon as we could.

Charles Oakham . I was with the deceased at the Fighting Cocks on the 27th of December, where were six or seven of us drinking together, and none of us fuddled. The prisoner sat in a box next to the fire-place, he started up all of a sudden, and swore he would fight the best man in the house for a pint, or a guinea.

Q. Was he sober?

Oakman. I cannot say whether he was or not, for I did not see him before he started up. The deceased also started up, and looked over the settle. Then the prisoner said, You are counted the best man in the house, I will fight you.

Q. Had there been any quarrel between the prisoner and deceased before this?

Oakman. No, there had not. They agreed to fight, and each put down a shilling, and gave it me to hold till next day. The next day I went there about a quarter after twelve, and we got to White-Conduit-House before two; there they agreed to fight for a leg of mutton and turnips, and a little beer, to the value of a crown. The deceased drank half a quartern of brandy, and I believe the prisoner drank a glass of wine; then they went out and stript, shook hands, and fell to fighting, and fought about half an hour. I saw no foul play. When the deceased was incapable of fighting, the prisoner asked him if he would fight any more; he answered, he would fight; (he was then standing on his legs, with his hands hanging down) then the prisoner struck him one blow, upon which he fell down.

Q. Did the deceased seem, when he said he would fight, to be capable of fighting?

Oakman. To me he did not seem capable. I believe he was unable to hold up his hands at that time, for after he fell he never spoke more.

Q. Were you talking about fighting at the Fighting Cocks before the prisoner got up?

Oakman. No, we were not, we were making merry, and singing a song.

Q. from Prisoner. Did not your wife fling some gin in the fire?

Oakman. She came in, and because I was at the alehouse, she flung some gin in the fire.

John Palmer . I am a surgeon, and was sent for on the second of January to examine the body of the deceased. He had received several considerable bruises, but the chief of them were about the head and face. Upon dividing the scalp, and taking off the skull, I found a great quantity of extravasated blood thrown out of the vessels, by their being erupted; upon dividing the two membranes that cover the brain, between the membranes and the brain, I found a quantity of coagulated blood; so that I imagine, the blows he received were the cause of his death.

Prisoner's Defence.

On the 27th of December, at night, I was eating a mouthful of victuals at the Fighting Cocks in Fleet-Lane with a few friends, and we had a pot or two of beer. Oakman's wife came in, and threw some nasty gin into the fire, and scorched all my face; I said she was guilty of very ill manners. One Stevens a chimney-sweeper, in company with me, said that was nothing to what he was served the last night; saying that he was slapped in the face, and spit on; I said I should not like to take such an affront. The deceased started up and said, If you take it up, I will serve you so. I smiled to myself, and said I had rather he would let it alone. He flew out of the box and came to me, and holding his fist up to my nose, asked me whether I would fight; I told him it was not a proper place to talk about that, to disturb the company, and desired he would defer it to another time. Afterward he came to me again, and pulling out three halfpence, said, I will fight you for a guinea. I never got off my seat, but said three halfpence is nothing to bind a guinea. Then he up with his fist to my face again, and asked me whether I would take the law of him or not; I said no, I would not. He went and got a shilling, and said, You talk of your money, put your money down; I said I shall put none down, but on his aggravating me, I flung down two sixpences.

For the Prisoner.

Joshua Stevens . I was at the alehouse at this time. The prisoner and deceased were in two different boxes, with several others, and one of their wives came and flung half a pint of gin in the fire. After that, the prisoner said something had catched hold of his coat, and pulling out two sixpences, said he would fight the best man in the room for a guinea. The deceased made no answer at that time. I said that was nothing to what was done to me the last night, for I had my face hit and spit in. The deceased went up to the prisoner, held his fist to his nose, and said if he would not take the law of him, he would strike him. After that, the deceased said he would lick him and his second too, and also his master. Then the man that held the stakes went out about four or five minutes, and came back with a shilling, he put it down, took the prisoner's up, and put it into his pocket. After that the prisoner said he was not willing to fight. The deceased came up to him again, and said if he would not fight him for money, he would fight him for love. He made an offer to pull off his cloaths, and to go out at the door. The prisoner said he would fight him for love, but they prevented their fighting then. I saw the battle the next day, and it was a very fair fight.

Q. to Johnson. Did you see the deceased hold up his fist to the prisoner's nose?

Johnson. No, I did not.

Oakman to that question. He did not hold his fist to his nose, or give the prisoner any affront. And I am sure it was not upon the gin being flung into the fire, that the prisoner got up to fight.

Elick Ennis. On the 28th of last month the prisoner came to me, and told me he was going to fight, and asked me to go along with him; so I went with him and his master. I was to be his second. The deceased met him in the field, and lent him a hand over a stile, and said, You are a man of your word. They went to the Conduit-House and drank, and the deceased's master said they had better make it up, but the deceased said he would not. Then the master said, Fight for a leg of mutton and turnips, and a gentleman said he would be answerable for the deceased. Then they stripped and went to it. They fought ten or twelve minutes, and were both beat very much. The deceased was held up by two men, and was asked if he would fight any more, (he was then standing on his legs) and he said yes; then they had another fall, and his second saying he should not fight any more, we came away. After that they let him lie ten or twelve minutes before they took him off the ground. It was a very fair fight as could be.

John Bane . The prisoner worked with me as a porter. He came to me on the 27th of December at night, and said he had been used very ill by a man at the Fighting Cocks; I went with him to the house, but the deceased was not there. I endeavoured to prevent their fighting, and said they had better fight for a leg of mutton and turnips, as they were poor men. The next morning the prisoner came to me, and desired me to go with him to White-Conduit-Fields. When we came there, I said, Where is the man that is to fight you? the deceased started up, and said I am the man. I said as they were hard working men, they had better desist, but the deceased said he would fight, and that the people should not be baulked in their pastime, so they went out of the house to fight. It was a very severe battle, and it was the opinion of most that the deceased would have beat the prisoner at first. At last the prisoner got the advantage of him pretty much. The last time the deceased was on his legs, I said to him, You are much beat, take my advice, pray give out. He insisted upon fighting, and said, I have not enough yet. Then the prisoner and he fell down both together, and there it ended. I believe there were not fix blows struck on either side, but what were about the head. They let the deceased lie four or five minutes on the frosty grass, I believe. They then brought him along in such an uncommon manner, that he must have been killed, had he been beat but a little. They laid him on a table in the Conduit house, and then brought him away with them. I have known the prisoner some time, and never knew he was a quarrelsome fellow in my life. He told me at White Conduit-House, he did not know what was the matter. for he was not for fighting.

Guilty of Manslaughter .

[Branding. See summary.]

[Imprisonment. See summary.]

129. (M.) Joshua Kidden was indicted for that he, on the king's highway, on Mary Jones widow , did make an assault, putting her in corporal fear, and danger of her life, and stealing from her person one guinea and 4 s. 6 d. in money numbered. Jan. 7 . + .

Mary Jones . I live in Brooker's alley, Drury-lane. Last Monday was se'nnight, in the morning, I went to Mr. Burry, and asked him to go along with me to Edmonton. We set out in a chaise, about twelve or one at noon, from Hatton-garden, and going to the Bell at Edmonton, staid there very near three hours. We went to inquire for a man whom I wanted to see, and set out between five and six to come home. I got out at the Plough in Tottenham by reason the horse kicked very much, and we had two pints of hot ale and rum. Mr. Burry desired me to walk a little, to see how the horse would go, and I believe I did walk about a quarter of a mile; he then called to me, and said the horse went very well, and he believed I might get in. As I was going to get into the chaise, two fellows came round me and said, You shall not get in, we must have what you have. One of them held my arms, and taking a great knife out of his pocket, said he'd stick me, and that fellow in the chaise too, if I spoke a word. The other took my pocket, in which was a guinea, half a crown, two shillings, and a trifle more. They then ran away, and I stood by a post, not being able to stand for some time.

Q. How near was this to the chaise?

Jones. It was just by the chaise.

Q. Why do you charge the prisoner?

Jones. He is the man that held the knife to me and said, You old bitch, if you say a word, I'll run you thro', and the man too.

Q. Did you see his face?

Jones. I had time enough to see his face; it was a very fine moonlight night, and as light as day.

Q. Did you ever see the prisoner before?

Jones. No, never to my knowledge.

Q. How was he dress'd ?

Jones. He had a white waistcoat, coat and a flannel cap. The other had a blue coat, and a great slouch hat. Mr. Burry called to a man that was coming by, and desired him to help me into the chaise. I got in, and we then went on to the Cross keys, where we had a glass of rum, and at the turnpike were told, that two men had run thro' there as fast as they could, and that they had been thereabout for two or three nights. Mr. Burry pursued them as fast as he could to Newington, where he inquired after such men, and the patroles answered that two men had run by. They were then in my sight, and I desired them to stop them; one of the thieves jumpt the ditch and got off, but the prisoner was taken. This was at the farther end of Newington, and we took him to a public house a little way from the town. He was in the same dress as when he committed the robbery, and he owned every thing, saving another man brought him that way, but he did not know for what, and that he was not the person who took the money. He owned he held me by the arm, and that he pull'd out a knife upon me. He confess'd the same before the justice.

Cross Examination.

Q. What was your business at Edmonton ?

Jones. I went there to inquire for a man who owed me money.

Q. How long had you been acquainted with Mr. Burry?

Jones. Many years.

Q. What time was this robbery?

Jones. It was between five and six, near six.

Q. Was you ever robbed before?

Jones. No, never in my life.

John Burry . Last Monday was se'nnight Mrs. Jones came to me and desired me to go with her to Edmonton, to see for a man who owed her about 9 l. We set out from thence about six o'clock, and coming back the buckle of the strap had got thro'. and the horse fell a kicking up much, on which I desired her to get out; this was near the Plough at Tottenham, where we drank two pints of rum and ale; there was another man with us. I desired her to walk a little, till I saw how the horse would go. She walked about a quarter of a mile, and then I said to her, You may get in; but as she was geting in, two men caught hold of her; the prisoner was one of them. His stockings were tied below knee, and he had a white waistcoat on. I believe it was the prisoner who held a knife to her, and said, You old bitch, if you make a noise, I'll stick you, and the man in the chaise too. They took her away, and the other person took her money. This was just facing the seven trees, called the Seven Sisters. I being lame, could not get out of the chaise; then they ran as fast as they could.

Q. Did you see them take her money?

Burry. I saw them put a hand to her pocket, and I know she had that money about her when she came out of the house. I got a man to help her into the chaise, and we called at the first house on the left hand, where we had a quartern of rum. I drove along, inquiring of every body, and at Newington called at a house, and told them how we had been served; a man came out along with me. I asked the patrole if they saw such persons, and at about 20 yards distance I saw them both running; this was before we came to Kingsland turnpike. The other man got over a ditch, and the prisoner was taken. We carried him to a house on this side the turnpike. I said, How could you take the money from this poor woman? He said, he did not take the money, but only stood by. We then had him before Justice Withers, and he there said his name was Isaac Kidden , and that he lived in Black-boy-alley. He had on two waistcoats and a cap.

Cross Examination.

Q. How many people have you prosecuted here?

Burry. I believe I prosecuted a man about eight or ten years ago. He stole horses, and I stopped him; that is the only person I have been concerned in the prosecution of in my life.

Q. What is that man's name who took the prisoner?

Burry. It was the officer who went with us to take the man at Edmonton. He is a Marshalsea Court officer, and his name Macdonald.

Q. Did you know the prisoner?

Burry. I have seen him a year or two ago about the New Market, I believe, but am not positive.

Prisoner's Defence.

I know nothing of robbing the man.

For the Prisoner.

George Carr , I have known the prisoner ten years. He always bore quite a good character, that of an honest young fellow.

Samuel Roobins . I have known him ten years. He lives in my neighbourhood in Little Britain; he is a ticket-porter. I don't know but that he is a very honest man. I am a watch-gilder; he has carried many watches to and from me, and I never heard of his doing any thing dishonest.

Richard Andrews . I have known him from a little child, but never heard any thing dishonest of him in a I my life. I am a jeweller, and if he was now out. I would imploy him to carry jewels for me, and now I really can't believe the thing against him.

George Marshal . I am a watchmaker. I have known him nineteen or twenty years. He has come backwards and forwards with watch-cases to me. I took him to be an honest young man, and was he out. I would trust him to carry goods for me.

Guilty Death .

130. (L.) Richard Gandy was indicted for stealing one man's hat. val. 5 s. the property of Samuel Hall , December 21 *.

Samuel Hall. I am clerk of Walbrook ward in the city. I was holding the wardmote on St. Thomas's day. I was taking the poll, and my hat, which I have under my arm, was then hanging up. The poll was closed at two; during the time of it the prisoner came in, and my hat was taken from him; which is all I know. I did not see him take it; he behaved as if he did not know what he did, and I did not take him to be in his senses.

Thomas Hambleton . I saw the prisoner knock the hat off a peg, as it was hanging that day; after which he put his own on his head, and the other under his coat. We let him go as far as the door that leads into Salters-hall yard. We then carried him back, and took the hat from under his coat. When the alderman said he must commit him, he talked as if he was not in his senses.

Q. Was the prisoner sober?

Hambleton. He was not fuddled.

Prisoner. I was going to return the hat to the place from whence I took it.

Hambleton. He was not. He was going out with it till we made him come back.

Prisoner's Defence.

I never was charged with a criminal action before in my life, and believe it will be made to appear that I have behaved with decency, and kept the best of company, that I was not given to liquor or bad language; and I think nobody ever behaved with more modesty, both in public and private conversation.

For the Prisoner.

Thomas Dale . I have known the prisoner twenty years, but never knew him guilty of an ill thing in my life. About seven years ago he collected a great deal of money for me, and did his business very faithfully.

Q. How has his behaviour been of late?

Dale. For this year or two I have seldom seen him. I believe he has not been in his senses these seven years last past.

Charles Holloway . I have known him above twenty years.

Q. What is his general character?

Holloway. He is a man of a sober inclination as any living, a good liver, and an honest man. I am very positive of it, that his misfortunes in his family have had an effect upon his understanding.

John Brownridge . I have known him about eight years, and he all that time bore an exceeding good character; but I have not, for this year past, had much intercourse with him. I have often heard him relate his care on account of his wife, but can say nothing to that.

Randolph Latture . I have known him upwards of ten years. He always had the character of an honest man, and was well respected by those that kept him company.

Robert Bucker . I have known him three years last past. I never knew but he was a very just man, and constant at church every Sunday.

Acq .

131. (L.) Samuel Witham was indicted for breaking the dwelling house of Thomas Upton , on the 12th of January , about three in the night, and stealing a 6 s. 9 d. piece of gold, and one guinea and half in silver , Jan. 12. ++.

Thomas Upton . I keep a victualing house in Honey lane, Cheapside . The prisoner had lived servant with me four months. He left me in October last, since which he has several times called at my house, and as he behaved well, I used to treat him with respect. Last Saturday was se'nnight he came in and called for a pot of beer, and staid there, I believe, two hours. He went away about twelve, or a little after. My servant going down about eight on Sunday morning, found a candle burning in the bar, and came up to tell me. I went down and found it so, with the door in part open. The street door I found unlocked and unbolted.

Q. Was it fast over night?

Upton. I don't know of my own knowledge that it was. I was not up last; but it was usual to lock and bolt it when we went to bed. I went out into the lane, and there saw that the outward cellar window was removed the space of three yards from its proper place to the other side of the way. Then I went into my bar, and there missed the till in which I usually put my silver. I then went to the cellar head, and found that the lock was wrenched from the cellar door; from whence I concluded, that the person who had done me this injury came in at the cellar window.

Q. What money did you miss?

Upton. I miss'd a 9 s. 6 d. piece of gold, and a guinea and half in silver. I immediately concluded it must be the prisoner who had robbed me. I resolved to go and seek after him. I went to an acquaintance of mine, one John Burry , on Saffron-hill, and told him the case, and that I suspected the prisoner. He was brought to my house about nine that night. I then charged him with robbing me, and he confessed with tears in his eyes, that he did the fact.

Court. Mention his words.

Upton. He said, Lord, Sir, I did do it indeed. I told him I missed a guinea and half in silver, and a 6 s. 9 d. piece. He acknowledged he took out the till, with the money in it.

Q. Did he acknowledge he broke your house?

Upton. I did not ask him that. He said he had bought a pair of stockings, and a shirt, which he then had on, with some of the money; and that the money found in his pocket when taken, was mine. I said to him, How could you be so barbarous as to leave the door open, and a candle burning, thus to expose us to danger at that time of night, meaning three o'clock? He said, Lord, Sir, it was a deal later than that when I came there.

Q. Was that till locked that he took away?

Upton. I did not lock it, but believe it was. He behaved as well as any lad in London could do when he lived with me. I would speak this in his favour, that joining to the till I lost there was another till with halfpence in it, and near that another with seven silver spoons in it, and a silver strainer; near this, on a shelf, was a silver milk-pot, and up one pair of stairs he might have come into a room, by only turning the handle of a lock, and have taken away a hundred pounds worth of plate; he knew this well, but did not meddle with these things mentioned. He went from me to sell milk about, and I told him then, that if it did not answer, I'd take him again.

Thomas Ind Yesterday was sev'nnight I was sent for by John Burry , who told me there had been a house broke open that morning, and that he believed he knew the man that did it, as also that he had been applied to by the gentleman that kept the house. Burry, his son, and I, went and found the prisoner at a House on Saffron Hill, and took him in a coach to Mr. Upton's house; there he was taken up one pair of stairs, and his master and mistress came to him; they desired him to let them have the till and money again. Mr. Burry said, You had better go into another room, and talk to your master; then his master and he went into another room, after which Mr. Upton came out, and said the prisoner had confessed; and he afterwards owned it before as. When I took him I searched him, and found nine shillings in silver, and two fixpences. He confessed in my hearing, that was part of the money he had taken out of the till. I asked him how he got into the house, and he said he got in where they put the butts of beer down.

Q. to Upton. Did you hear this confession of getting into your house ?

Upton. I believe then I was gone down stairs.

Ind. I asked him what instrument he made use of to get the place open, he said nothing but this knife, [ producing a long clasp knife ] which I took from him.

Prisoner's Defence.

Last Sunday was sev'nnight I was at a publick-house on Saffron-Hill, when Burry and that thief-catcher came together, and asked me to drink; I said I did not care if I did, so I drank the beer up. At last Burry asked me when I saw my old master; I said, I was there last night; then this man said he had got a warrant against me for breaking open my master's house, and that he must search me; I let him, and he took ten shillings out of my pocket. I had a knife in my pocket, which he took, but I think it was not so big as that which has been produced. They took me in a coach to my master's house, we went up stairs, and he asked me if I knew any thing of the robbery; I said I did not. They say I confessed, but I know nothing of it. I was in liquor I believe.

For the Prisoner.

John Magarey . I have known the prisoner these five years, and he is a very honest young fellow as far as I saw by him.

Joseph Hayns . I have known him I believe these six or seven years; he lived with me about a year ago, and behaved very well then. I never heard any thing bad of him till this.

John Cappey . I have known him ever since he was a child, and he always behaved well as far as ever I heard.

Thomas Morand . I have known him eight years, and never knew or heard any harm by him till this time.

Guilty , Death . Recommended to mercy.

132. (M.) John Watson , was indicted for stealing one cloth coat, value 5 s. two cloth waistcoats, value 8 s. two pair of cloth breeches, four linen shirts, and one pair of pumps , the goods of John Campbel , December 3 .*.

John Campbel . On the first of December the prisoner came on board our ship that lay off from Ratcliff, he staid there all night, and went away on the Sunday Morning. On the Monday he came again. Mr. Munroe, who keeps the sign of the Highlander at Ratcliff-Cross, called me on shore, I went, and left the prisoner on board.

Q. Was he alone?

Campbel. No, there were the ship's company on board. I went on board again between eight and nine that night. We having no fire on board, I and one of our officers, named Burrel, went on board another vessel that was close by, where was a fire; after which we came on board our own vessel, and went to bed about twelve. The carpenter went to get a candle to look at his watch, to see what time it was, and missed his watch; then I went to see if all my things were safe, and missed a blue coat, a scarlet waistcoat, a green waistcoat, four check shirts, a pair of black cloth breeches, and a pair of pumps, out of my chest.

Q. When had you seen them last ?

Campbel. I had seen them that same Monday, when the prisoner was on board.

Q. Was your chest locked?

Campbel. No, my Lord, it was not. I suspected the prisoner, because he went away before daylight. About twenty days after I saw him in New Prison, and charged him with robbing me. He told me he had sold my coat and waistcoat, and four shirts, to Thomas Stanley, in Old Gravel-Lane, and that he sold the green lapel waistcoat and black breeches at the Shoeing Horn in Rosemary-Lane. I went to Justice Burry's, got a search-warrant, and searched Stanley's house, and at the Shoeing Horn, but found nothing; and I went to the next house to the Shoeing Horn, and there I found my black breeches. Produced in Court, and deposed to.

James Long . On the first of December the prisoner came on board to see the mate, who is the prosecutor; he came again on the third; and he lay in the next cabin to where I lay. On the next morning the mate missed the cloaths mentioned.

The prisoner had nothing to say in his defence.

Guilty .

There were two other indictments against him, but he was not tried on them.

[Transportation. See summary.]

133. (M.) Mary, wife of Joseph Durant , was indicted for stealing one pair of leather breeches, with sixteen silver buttons to the same, value 15 s. one cloth waistcoat, value 10 s. and three linen shirts , the goods of Francis Platt , November the 27th .*.

Francis Platt . Seven weeks ago last Sunday I missed the things mentioned in the indictment; [naming them over] after which I was told by Anne M'Parson, the prisoner had delivered them to her, and that they were at Mr. Pardey's, a pawnbroker, near the Seven Dials. I went there, and found the breeches and waistcoat; then I took up the prisoner, and had her before the Justice; there she said she was very sorry, and if I had given her more time, she should have said more about them, and have let me known more.

Anne M'Parson. On the fourth of December, the prisoner desired me to go for the breeches, and say they belonged to my husband. She had carried them, and they were stopt at a pawnbroker's near the Seven Dials. I went and asked the pawnbroker how he came to stop these breeches, saying they were my husband's; he asked me if they were plate or mettle buttons on them; I said I could not tell; then he bid me go about my business, and not trouble myself about them. When I returned, I asked her where she had them; she said she went through the house where her husband lodged, went up into the room where he lay, and took them from off a bed; then I went and gave the prosecutor intelligence of it.

Robert Pardey . I am a pawnbroker. There was a woman came, I think on the third of December, and brought me a waistcoat, on which I believe there were two shillings and three pence lent. I think the same night the same woman came and brought a pair of old leather breeches, and asking some trifle upon them, (I seeing there were silver buttons on them) asked who they belonged to; she said to her husband. I asked what were the buttons on them, and threw them by; she said she imagined they were horn; then I bid her send her husband. She went to fetch somebody of credit to prove they were her husband's, and brought the other evidence, who demanded them in the name of her husband, saying that he was a gentleman's servant towards Hyde-Park-Corner. I asked her whether they were silver or mettle buttons, but she could not tell. The next day the prosecutor came, and I delivered them to him. I cannot take upon me to say the prisoner is the woman that brought them.

Gabriel Multiboy . I went with Mr. Platt and the Prisoner before the Justice, and there she acknowledged she took the things mentioned, and begged pardon.

Prisoner's Defence.

I am as innocent as the child unborn. I know no more of them than any gentleman in Court.

Acquitted .

134. (L.) John Stewart , was indicted for stealing one great coat, value 2 s. 6 d. one waistcoat, value 12 d. the goods of Thomas Mason , Jan. 15 . ++ .

Thomas Mason . I live at the Cross Keys on London-Bridge . On the 15th of January, between five and six o'clock I was drinking tea with my mother, and heard somethin g fall; I thought the cat might have thrown something down, so I went up stairs, and then I heard somebody before me; I came down, and still I heard such a noise as I did before, but coming after me. I turned and went up again, and then heard the noise going higher; I went up to the garret, and at the head of the stairs stood the prisoner, who made an attempt to push me backwards. I ran down and he after me; I took up the fireshovel, struck him over the head, and he bled very much. He ran out, but was apprehended under a cart, and brought in. After this I went up to the garret, there were the things mentioned in the indictment tied up in a handkerchief, but the handkerchief I know nothing of. Produced in Court, and deposed to.

Q. Were they bundled up before?

Mason. No, they were lying in several places.

Q. Did you know the prisoner before?

Mason. I never saw him before to my knowledge.

Catharine Acres . The prosecutor is my son by a former husband. He went up stairs and came down, and the prisoner followed him; he took up the shovel and knocked him down, but he recovered himself, and ran out on the bridge, but was soon brought in again. I saw him both before and after my son struck him, and he is the same man as came down stairs.

Margaret M'Norton. I saw the prisoner come down stairs, and my master hit him with the fire-shovel, and also saw the people bring him in again.

Thomas Medows . I am an officer, and was sent for to Mrs. Acres's house; they had taken the prisoner, and gave me charge of him: I took him and the bundle before my Lord Mayor, and he was committed.

Prisoner's Defence.

I was coming over London-Bridge, and heard the cry of stop thief, and a man hitting me a knock on the head, it stunned me. The gentleman of the house said, This looks like the man, but the man that came down stairs was in blue. They took me in custody.

Prosecutor. There was a man amongst the mob, who said the man that came down stairs was in blue, but he looked as if he belonged to the prisoner. The prisoner is the man, and was all bloody from the blow I gave him when he was brought in again.

Guilty .

[Transportation. See summary.]

135. (L.) Isaac Angel , was indicted for stealing twelve pounds weight of sugar, value 3 s. the property of Benjamin Vaughan , January 11 . +.

Guilty .

[Transportation. See summary.]

136. (L.) Matth.ew Minott , was indicted for stealing one linen handkerchief, value 6 d. the property of William Whiteman , December 26 . + .

Guilty .

[Transportation. See summary.]

137. (M.) John Wright Newark , was indicted for that he on the 11th of April, 1751 , did marry one Mary Green , widow , his former wife being then living. || .

Acquitted .

See Number 353 in Sir William Calvert 's Mayoralty, and Number 369 in Alderman Alsop's.

He was a second time indicted as an accessary after the fact, in harbouring, comforting, and concealing John Hambleton , after the murder of Lord Harrington's cook. || .

Acquitted .

See Hambleton's trial in the last Sessions Paper.

138. (L.) John Smith , was indicted for that he, on the 26th of December , about the hour of seven in the night of the same day, the dwelling-house of James Bisborn did break and enter, with intention to steal, and being so entered, did steal one pair of linen sheets, value 5 s. ++ .

James Bisborn . I keep the Green Dragon inn in Bishopsgate-Street . I can only say I saw the prisoner after he was taken in the street, and brought back by two ostlers and a porter. We asked him who he was, but he would not so much as tell his name. He said he would speak at a proper time.

Mary Roberts . I am servant to Mr. Bisborn. On the 26th of December, between six and seven o'clock in the evening, I went up to my room where I lie. I had locked the door, and had the key in my hand, but had not put it into the lock to open it. I found the door broke open. I had a candle in my hand, and hearing something rush behind the curtain, I asked who was there; then the prisoner turned out from behind them.

Q. Had you ever seen him before?

M. Roberts. No, not to my knowledge. I asked him how he came there; he said he came to see for a young man of his acquaintance: He ran down stairs, and I after him; he fell over the shafts of a waggon, but recovered himself, and ran into the street. I alarmed the people, and they pursued and took him, and brought him back. I went to look in the room, there the sheets of my bed were brought down to one corner, and the blankets were turned off on one side, not quite off the bed. I had lain in it the night before.

Q. Had you made the bed that day?

M. Roberts. No, I had not. [She produced a staple.] This is the staple in which the bolt of my door shot. This I found in the middle of the room, and the bolt of the lock was shot out as at other times when it is locked.

Robert Rigg . I am a ticket porter, and being in the warehouse at the inn, I heard the woman call stop thief. I ran after the prisoner, he fell down in the middle of the kennel, and I on him, then the two ostlers came, and we secured him.

Prisoner's Defence.

I was coming along the street, and went into this yard, and up to a room, which I thought to be a hayloft. I was fuddled, and wanted to lie down to get myself sober. The maid came up and locked the door; I desired she would let me out of the room, which she did. It was wide open when I went in.

For the prisoner.

John Smith . I have known the prisoner these ten years; he is an ostler, and lives sometimes in one place, and sometimes in another. He lived at the Fox and Hounds in Bishopsgate-Street about a year ago, and since that in Moorfields.

Q. What is his general character?

Smith. He is a very honest man. I never heard any thing ill laid to his charge.

Acquitted .

139. (M.) Mary Weaver , spinster , was indicted for stealing one silk gown, value 4 s. one stuff gown, value 2 s. one stuff petticoat, value 1 s. 6 d. two linen shifts, value 2 s. two linen aprons, value 2 s. two caps, value 8 d. and one linen handkerchief, value 4 d. the goods of Jane Fansitt , December 21 . ++ .

Guilty 10 d.

[Transportation. See summary.]

140. (L.) Mary Hick , spinster , was indicted for stealing one linen sheet, value 3 s. one brass candlestick, value 6 d. one box iron, value 12 d. one pewter plate, value 4 d. and one shirt, value 2 s. the goods of Laurence Mackduff , November 21 . ++ .

Acquitted .

141, 142. (L) Robert More , and John Robertson , were indicted for stealing twenty-four yards of linen cloth, called drilling, value 15 s . the property of Thomas Foster , Esq ; December 27 . ++ .

Both guilty .

[Transportation. See summary.]

141. (L.) George Holyday , was indicted for stealing four bushels of oats, value 8 s. the goods of Thomas Milward ; and four bushels of oats, the goods of John Bates . It was laid over again, for stealing eight bushels of oats, and four hempen sacks , the goods of William Garland , January 15 . ++ .

William Garland I am a lighterman , and my lighter lay at Atkinson's Wharf . I lost 4 sacks of oats out of it, and the skiff was taken away from the lighter's stern. Looking about for the skiff, we found her just by Puddle-Dock, and there were the marks of a man's foot in chalk. The prisoner belonged to a chalk barge.

John Pearse . I am servant to Mr. Garland, and worked the oats out of the vessel into Mr. Garland's lighter but the Monday before, and brought them to Atkinson's Wharf, and gave him an account of them. When I came down in the morning, my master's prentice told me they were robbed of four sacks of oats, and that the skiff was gone from the lighter's stern. We went and searched about, in order to find them out, and we found the skiff at Puddle-Dock; we then went to Puddle-Dock lime-wharf, and we searched the barges that lay there, but could not find them; we then went into the barge belonging to the prisoner, there I found some oats scattered about, I took some up, and said I believed they were there. I opened the cabbin, and the prisoner came up in a great tremble; I told him we had been robbed, and heard that the oats were in his barge; he denied that they were, or that he knew any thing of them. I pressed him hard, and told him a lie, saying. I have a witness that will prove they were brought into your barge; he then owned he had them. I looked into the cabbin, and saw they were there. I then said to the prisoner, George, I could not have suspected you would have taken my master's sacks of oats; he said a man brought them there, and that he was to have four shillings to carry them up to Brentford. We sent for a constable, and charged him with the prisoner.

Q. Are you sure they were the same oats?

Pearse. 'Tis hard swearing to the oats; but I can swear to the sacks. They have our master's own name, at full length, on the outside, and two single red letters, W G, withinside.

Robert Sharpe . I am wharfinger's man. I helped the lighterman to moor the craft, and took an account of the goods. When I came to uncover the corn in the morning, I miss'd four sacks. I went to my master, Mr. Atkins, and gave him an account of it. I also told Garland's man of it when he came. I know no farther.

Prisoner's Defence.

I had been drinking about that day, and being a little full-headed, I went on board my barge, and lay down upon my bed, where I slept till about eleven o'clock at night. A man came then, and calling out, Bargeman, Bargeman, I awaked. He said, Be so good as to let me leave two quarters of oats in your barge, and I'll come for them at four in the morning. I said he might if he would, and he got one out of the skiff himself. I told him I had ne'er a tarpaulin, but he might put them in the cabbin; he did put them there, but I know nothing more of the man than I do of a stranger. I might have seen him before, but I don't know, nor do I know but that they belonged to himself. He staid no longer than he put the oats in, and then went away, saying he would give me something when he came back. As I was getting up, about nine o'clock, John Pearse came aboard and said, Here are some oats scattered here. I knowing his tongue was surprised, and said to myself, This man has lost some oats, and here are some here. I was very much troubled, having never wronged man, woman, nor child, of a farthing in my life.

The prisoner called Alexander Robins , Joseph Osbourn , William Clark , Arthur Vizard , James Pond , James Asleet , Richard Wright , William Rutter , and Samuel Rutter , who all gave him the character of a very honest man.

Guilty 4 s. 10 d.

[Branding. See summary.]

144. (M.) Robert Sparrow was indicted for stealing 20 s. in money number'd , the money of Luke Carrol , Dec. 22 . ++ .

Acq.

145. (L.) John Briant was indicted for that he, being servant to Thomas Colley , who, upon the confidence and trust which he put in him, deliver'd to him a gold watch, val. seven guineas, and 3 l. 3 s. in money numbered, the goods and money of the said Thomas, in order for safe custody, did afterwards withdraw himself from his master's service, and convert them to his own use , Dec. 27 . ++ .

Thomas Colley . I am a watchmaker , and live in Fleet-street. About half a year ago the prisoner was a hired servant to me. I frequently trusted him with things of value, both money and goods, and he discharged his trust like an honest servant, till the 27th of December last, when I sent him with a gold watch to lend a lady in Arlington-street, while hers was mended. I also sent by him, at the same time, two guineas to pay to two of my workmen, and never heard any thing of him till the Sunday following, which was the 30th. Then Mr. Welch, the high constable, came and brought the watch to me, having secured the prisoner.

John Gladman . I am servant to the prosecutor, and was by at the delivery of the watch and money to the prisoner, to carry as before mentioned.

Thomas Ind . I keep a public house in Drury-lane. Last Sunday was three weeks the prisoner came into my house, and called for a pint of beer. He pull'd out a gold watch, and asked me to lend him thirteen guineas upon it, saying he had been at St. Albans. (He had boots on.) I told him I seldom lent money on goods, but I had a watchmaker who understood those things better than I did. I suspected it was not honestly come by, and went to Mr. Welch, the high constable, who came, and we took the prisoner backwards, where he confess'd the fact. We then took the prisoner before Justice Fielding, and he there owned that he lived servant with a watchmaker in Fleet-street, whose name I have forgot; that he sent him to a lady in Arlington-street, and he had not been there with it.

Prisoner. Please to ask my prosecutor, and Mr. Gladman, as to my character.

Colley. He always before this discharged every thing with a great deal of honestly. I agreed with him but the hour before I sent him on this errand to raise his wages ten shillings a year. I believe he had been in liquor all the time he had been from me.

Gladman. During the time of his living with Mr. Colley, I believed I have delivered several hundreds of pounds to him, and he always discharged every thing in a very just manner.

Stephen Underwood . The prisoner brought me 22 l. from his master but a very few days before this happened.

Guilty .

[Branding. See summary.]

146. (L.) Stephen Bird was indicted for stealing 65 lb. weight of lead, value 7 s. the property of Isaac Church , the same being fixed to a dwelling-house , &c. Jan. 12 .

++ Acquitted .

147. (L.) Mary Boyd , spinster , was indicted for stealing two yards of striped lawn , the property of John Rishton , Dec. 20 . ++ .

Guilty .

[Transportation. See summary.]

148. (L.) Thomas Womersley was indicted for forging a certain paper writing, purporting to be a bill of exchange for 36 l. and for publishing it, knowing it to have been forged, with intent to defraud James Dixon .

The indictment being laid wrong, he was acquitted , but detained to be tried on a proper indictment next sessions.

149. (L.) Abraham Benbrook was indicted for wilful and corrupt perjury .

No evidence appeared.

Acq.

150. (L.) Jane, wife of James Godwin , was indicted for wilful and corrupt perjury .

Acq.

151. Jane Darcy was indicted for that she, and one William Walker , and Thomas Darcy , her husband, unlawfully and maliciously conspired together falsely to accuse John Delafont , Esq ; with a rape, in order to extort money from him .

To which indictment the prisoner, Jane Darcy , at the last December sessions, pleaded Not guilty; but at this session she retracted that plea, and confessed the indictment.

After which the council for the prosecutor moved in the following manner for judgment:

My Lord,

This is one of the most wicked conspiracies that ever appeared before this court.

The design of the conspirators was, by an unjust accusation, to extort money from Mr. Delafont, a worthy gentleman of the bar, and if they failed in it, then to revenge their disappointment by an unjust and malicious prosecution, that might endanger his life.

Tho' nothing can be offered to your Lordship in justification of the part this woman was to act in this horrid contrivance, yet there are some circumstances which plead in mitigation of her punishment, and I have the prosecutor's authority to mention them.

It appears, upon the face of the indictment, that she is a conspirator with her husband - If there had been no other defendant, the court could not give any judgment against her, as no woman can conspire with her husband alone, they having but one will, and the law supposing her under the influence of her husband. - In the present case, indeed, there is another defendant, which will warrant the court's passing judgment against her; but yet her husband's being one of the defendants, is a circumstance which speaks a little in abatement of her guilt.

Besides, my Lord, this woman, a few days ago, voluntarily sent Mr. Delafont a full account of the particulars of this dark conspiracy; and tho', from the discoveries we had before made, we did not stand in great need of it, yet her account has led us to the knowledge of one very material witness against one of the other defendants, the contriver of this wicked scheme, and by whom this unhappy creature was only made use of as a necessary tool to accomplish his cruel purposes.

There are some circumstances, my Lord, which may incline this court to mercy; she has been confined for two months in Newgate, without any thing to lie upon but the bare boards, or any thing to subsist upon but the goal allowance; she has had all this time the goal distemper, and her life is in great danger. - However necessary it was that the prosecutor should bring this unfortunate woman to justice, he would yet be sorry that the consequences of it should be the means of taking away her life.

Under these circumstances, my Lord, I have his commission to request of the court to pass as mild a sentence upon her crime as the nature of the case will admit.

Upon which the court desired an apothecary who was present, to see what condition she was in, and he having, upon his oath, declared that she was dangerously ill, and not in a condition to undergo any corporal punishment, and that a long confinement would, probably, deprive her of her life, the court was pleased to order her only four days more imprisonment in Newgate .

N. B. The other defendants will be tried at the next sessions.

James Fairbrother , Job Horniblow , Mark Shields , George Hailey , Isaac Clark , George French , and Martin Sullivan , capitally convicted in October Sessions, were executed on Monday the third of December.

The Trials being ended, the Court proceeded to give Judgment as follows:

Received Sentence of Death, 9.

William James , Thomas Barnard , William Ford , Edward Allen , Daniel Wood , William Irons , Benjamin Richford , Joshua Kidden , and Samuel Witham .

Transportation for Seven years, 38.

Robert Barber , Sarah Williams , George Cole , Peter Foreman , Elizabeth Kempster, Thomas Radborn, John Bell , Daniel Pew , John Radborn , Anne Brown , Anne Jones , Grace Riley , John Watson , Elizabeth Eaton , Catharine Davis , Martha Mingest , Mary Weaver , Elizabeth Humphrys , Catharine Brown , Thomas Cook , Anne Purvise , Frances Hays , Sarah Conyers , Elizabeth Hore , Hannah Ash , Anne Beezley , Isaac Angel , Matthew Minott , Anne Ashley , Thomas Waters , Michael Riley , John Stewart , Robert More , John Robertson , George Butler , John Skelt , Anne M'Cormick, and Mary Boyd .

Branded, 8.

George Holoday , Mary Foreman , Mary Jones , Henry Champness , John Briant , John Hudson , and to be imprisoned in Newgate three months; Israel Walker, whose sentence was respited last Sessions, and to be imprisoned in Newgate ten months; and Samuel Portman , and to be imprisoned in Newgate ten months.

Whipped, 2.

Sarah Griffice , and Elizabeth Pettit .

Jane Darcy to be imprisoned four days.

James Fairbrother , Job Horniblow , Mark Shields , George Hailey , Isaac Clark , George French , and Martin Sullivan , capitally convicted in October Sessions, were executed on Monday the third of December.

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