Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 September 2014), July 1754 (17540717).

Old Bailey Proceedings, 17th July 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 Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Monday the 22d of JULY.

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

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

London Jury.

William Hemans ,

Jos Warr ,

James Wilkes ,

Charles Peach ,

Mandevile Somersall,

John Watkins ,

Thomas Druit *,

Thomas Wellings ,

Robert Norris ,

Thomas Norris ,

James Rogers ,

John Furman .

Middlesex Jury.

Walter Lee ,

Thomas Huddle ,

William Wilton ,*

* Thomas Druit and William Wilton being taken ill, William Webb and Thomas Holland were sworn in their room.

William Boozshire ,

William Smith ,

Francis Sutton ,

John Ayres ,

Thomas Woodward ,

John Smith ,

James Price ,

Richard Spencer ,

John Nicolson .

347. (L) Rebecca Holding , spinster , otherwise wife of William Lovegrove , was indicted for stealing one pair of linnen sheets, value 3 s, one copper pottage pot, one brass candlestick, one pair of bellows, one wooden pail, one iron shovel, the goods of James Hill , in a certain lodging room let by contract, &c. May 2 ++ .

Elizabeth Hill. The prisoner took a ready furnish'd lodging of me; the things mentioned in the indictment were lett with the room. They were missing, I charg'd her with taking them, she said she had pawn'd them, and told me where. I went and found them accordingly.

Q. from the prisoner. Was not the evidence along with me to pawn the things?

Hill. No, I was not.

Prisoner's defence.

They lent me them to pawn.

Guilty .

[Transportation. See summary.]

348. (L.) Thomas Cradock was indicted for stealing one pair of linnen sheets, the property of Joseph Aspinner , one great coat, and one pair of everlasting breeches , the property of Thomas Careless May 16 *.

Acquitted .

349. (L.) David Rice was indicted for stealing one lawn handkerchief, value 2 s. 6 d. the property of Thomas Watson , privately from his person June 25 || .

Thomas Watson . I was upon the Royal Exchange on the 25th of June; I missed my handkerchief; I saw the prisoner standing at a little distance. I had been shewn him there two days before, and told he was a pick-pocket. I watch'd him, and followed him down Cornhill; there he took out a handkerchief and wiped his face with it, and put it in his breeches. Then he took another out of his pocket, and put that in his breeches; presently he took out mine, and put that in his breeches likewise. I saw two porters, and told them, that was a pickpocket, one of them said, I know he is, for I saw him pick a person's pocket once in Cornhill. We took him, and had him before my Lord Mayor, and in searching him there were five taken from him, some from his pockets and some from his breeches, mine was one [ produc'd in court, and depos'd to ]

Q. What is the value of it ?

Watson. It is worth 1 s. 6 d. or 2 s. I had it not above a minute before in my hand.

John Trottman . Mr. Watson desir'd I'd assist in securing the prisoner, saying he had picked his pocket. Having seen him pick a pocket about half an hour before, I went to him, and said, you are a common pickpocket, and put my hand into his pocket, and took out three handkerchiefs. I secured him; after which I took out two more from his breeches. We took him before my Lord Mayor, and he was committed to Newgate. Mr. Watson owned one of the handkerchiefs. Taking him along he offer'd me 5 s. to let him go; after that he offered me a guinea.

Prisoner. He wanted half a guinea of me to release me.

John Blaks . I was at the taking the prisoner: he offer'd us a guinea to let him go.

Prisoner's defence.

I have evidence to prove I pick'd these handkerchiefs up in the street.

Margaret More . I was coming thro' the city towards the Royal Exchange; I met a young man, I do think I would know him if I saw him again.

Q. Look if you see him.

More. (She points to the prisoner) That is the man, he pick'd up a small bundle, I cry'd halves. He said he'd give me none. Then there came up two men, and they said halves. He said he'd give them none. Then they opened the bundle, and found either four or five handkerchiefs in it.

Guilty 10 d.

He was a second time indicted for stealing one linnen handkerchief, value 12 d. the property of a person unknown, privately from his person .

John Trottman . I was upon Change the same day, and within a quarter of an hour of the time the other was taken. I saw the prisoner pick a gentleman's pocket of this handkerchief ( producing one ) I believe it to be the same. He put it into his coat pocket, and I took this out of the same pocket.

Q. How came it you did not secure him?

Trottman. Because I was with a gentleman going on business.

Prisoner's defence.

I pick'd them up in the street.

Acquitted .

[Transportation. See summary.]

350. (M.) William Brown was indicted for stealing one perriwig, value 20 s. one pair of buckskin breeches, two linnen shirts, one cloth waistcoat, one flannel waistcoat, one linnen cap, one linnen handkerchief, and one pair of worsted stockings , the goods of John Ingraham , July 1 ++ .

John Ingraham . I lost these goods in Essex, I know not who took them.

James Murray . I was charg'd with the prisoner in Rosemary-Lane, and had the goods mentioned in the indictment deliver'd into my hands. The prisoner own'd he stole them. (Produced in court, and depos'd to by the Prosecutor )

The Prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

351. (L.) Robert Knapton was indicted for stealing one silver table spoon, value 8 s. the property of John Phillibrown , one silver tea-spoon , the property of Jasper Morley , June the 4th ++ .

John Phillibrown . The prisoner was my uncle's and my servant . The 2 spoons were missing on Whitson Monday, and the next day were found in a hat-box in the cellar, broke each in two pieces. We charg'd him with taking them; one of them was brought from our house at Ponder's End, and then it was not broke.

Thomas Phillibrown . I was at Mr. Morley's my uncle on the Whitson Tuesday; he desired I would stay till he search'd his man's boxes, and both the spoons were found broke in a hat-box. The prisoner confess'd to my uncle upon his mentioning the spoons to him. He said he had taken nothing else, and was sorry he had taken them; I was in the warehouse with him, and ask'd him with what view he had taken them. He said, with intention to buy him a pair of silver buckles. I ask'd him how they came broke, he pretended the table spoon was bent when he found it, and the tea-spoon he broke in his pocket in bringing it from Ponder's-End. He said he took the table spoon on the Monday before Whitson Monday, and the teaspoon on the Friday following.

Q. Did not he mention breaking these in the cleaning them ?

Phillibrown. Not one word.

Q. Who did that hat-box belong to?

Phillibrown. I don't know; there was no name upon it.

Prisoner's defence.

I found the table spoon broke, and I flung it in that box, fearing to lose my place, I had a very good one, and the other I broke in my pocket bringing it from Ponder's-End.

To his Character.

John Caygill . I have known the prisoner two years. I know nothing of him but that of a very honest man.

Mr. Bean. The prisoner and I were both born in a town, he had as good a character as any in the country.

A woman. I have known him about three years; I never knew him to wrong any body.

Ann Turner . I have known the prisoner about a year and half, and never heard any thing amiss of him.

Guilty .

[Transportation. See summary.]

352. (L.) George Fare was indicted for stealing one cloth great coat, value 10 s. the property of Francis Crasteyn , Esq ; June 3 ++ .

Robert Piper . I am servant to Mr. Crasteyn; the coat was his, but it was in my care. I lost my coat from off the coach-box on Whitson Monday, and having seen the prisoner there I suspected him. I took him about a fortnight after in Cheapside as he was buying some cherries; I ask'd him if he knew me, he said yes, and that he had seen me in the coach yard. I charg'd him with taking the coat, and going along he confess'd he stole it, and sold it in Rag-Fair for seven shillings. I took him to my Lord Mayor, and he confess'd the same.

Abraham Lacy . I am the constable that was charg'd with the prisoner; I took him before my Lord Mayor; I heard him confess taking the coat there, and also as we were going there.

Q. Was he sober when he confessed it?

Lacy. He was.

Prisoner's defence.

I have been thro' the yard several times when I liv'd at the Cock eating house, near the Royal Exchange, but I know nothing of it. He took me up, and carried me from Alehouse to Alehouse, and told me if I would own the taking the coat before my Lord Mayor, I should be clear, and so I owned it. He went to the house in Rag-Fair, and the people said they never bought such a thing.

To his Character.

Edward Regan . I have known the prisoner two years; I never heard any ill of him before this transaction.

Margaret Gready . I have known him these twelve months; I never knew any ill of him before this.

Guilty .

[Transportation. See summary.]

353. (L.) Elizabeth Macdonald and Margaret Perkins were indicted for stealing one silver table spoon, value 9 s. the property of Robert Hanshaw , June 1 ++ .

Elizabeth Jones . I live with Mr. Hanshaw; we had a spoon lost, but I was in bed at the time. (a spoon was produced in court) This is it, it was lost on the first of June.

Mary Threlkill . I live at the bottom of the Minories, and keep a goldsmith's shop. This spoon I had from Margaret Perkins on Saturday the 1st of June. She offer'd it me to sell; there being a gentleman's crest on it, a gentleman being in my shop desired to see it, I shew'd it him; she flew at him and took it, and put it in her pocket, it was then in two pieces. I said if she would leave it I would advertise it; after that she said I had got it, and used insulting language. I sent for an officer and stopp'd her. The other prisoner was with her; she had concealed the piece of spoon, and had deliver'd it to the other person. They were search'd at a publick house over-against the Mansion-House, and the spoon found, but I did not see it found.

They differ'd greatly in their accounts; they first said they bought it down in Wapping, then of a beggar woman, then of a person in the street.

Theophilus Taylor . I am constable, Perkins denied delivering the handle of the spoon, and owned she had it; she said she bought it of a woman in Wapping, after that of a beggar woman in the street, then of a man. They both agreed in their accounts. I took them to a public house, and searched Perkins, and found nothing upon her, and found the handle in Macdonald's shoe, and saw it pull'd out thro' the toe of her shoe, it was on her right foot. Mrs. Threlkill deliver'd the bowl of the spoon when I came there.

William Martingale . I was at the sign of the Mansion-House on the 1st of June last, and saw the handle of the spoon in the right foot shoe of the prisoner Macdonald, I pull'd it out.

Macdonald's defence.

I buy old clothes; I met a woman in Wapping with a broken spoon, she ask'd me to buy it, and ask'd 12 s. for it; I bid her 7 s. 6 d. after that I bought it in the street for 9 s. 3 d. we went in there to sell it, and they stopp'd it. The woman I bought it of was named Sarah Wallice , and she was nine days in the counter.

The other said the same.

Martingale. They never told the woman's name, nor where she liv'd.

Q. to Eliz. Jones. Was your house broke open?

Jones. The room door was wrench'd open, and by that means they got into the place where the spoon lay.

For the Prisoner.

Ann Corner. I have known Margaret Perkins fifteen years; her general character to my hearing is very good. It is the first fault, make her flesh suffer.

Both Acquitted .

354. (L.) James Cobley , otherwise Barrington was indicted for that he on the 9th of June , about the hour of eleven at night on the same day, the dwelling-house of Henry Lintott , Esq ; did break and enter, and stealing out thence 140 volumes in folio of the manuscript journals of the house of Lords and Rolls in Parliament, value 100 l. and 11 hundred pounds weight of paper, value 7 l. a stove grate, a warming pan, and a harpsichord .

It was laid over again for stealing these goods out of the dwelling house of Henry Lintott , Esq; ++

Henry Lintott . I have chambers in the inner Temple, the garrets whereof were broke open, and from thence were taken 142 volumes of the Rolls in Parliament, and Journals of the House of Lords in manuscript, and other things, some of which are not in the indictment.

Q. Whose property were they?

Lintott. They were mine.

Q. When did you miss them?

Lintott. I did not miss them till Thursday was sevennight, and was then told the man that did it was taken. (Those were warehouses that I seldom went into) I found they were sold to a cheesemonger in the Fleet-Market.

William Calvert . I am a cheesemonger in the Fleet-Market. The prisoner at the bar brought papers to me at divers times of several sorts, some printed and some written, which I bought of him for waste paper. I remember I look'd into some of the books that belong'd to the York river company; some of them were dated 1720. The first time I saw him was on the 10th of June; I bought some of him, and paid him for them; he told me his name was Barrington. I ask'd him if he dealt in those sort of things, and understood by his answer that he was a sort of a broker. I said I hop'd he came honestly by them, he said he liv'd in Cold Bath Fields with his father-in-law. That parcel came to 3 l. odd. I desired he wou'd give me a receipt. (Producing one ) This is it, I wrote it and he sign'd his name to it.

It was read to this purport.

June 10, 1754.

Received of William Calvert 3 l. 14 s. 3 d. for waste paper, in full of all demands,

J. Barrington.

Whiston Bristow. On the 29th of June I went into Mr. Calvert's shop (with whom I deal ) and to my great surprize on one of the shelves I saw one or two of these volumes, stripp'd in the manner they now appear ( There were a great many volumes brought into court, most of them with the covers pull'd off) I look'd in them, and, as most of them had gone thro' my hands some years ago (I have acted as agent for booksellers, and I knew the value of them, I ask'd Mr. Calvert how she came by them; she said she had several more, and shewed me two considerable piles of them. I believe 60 or 70 volumes. I desir'd her to send for her husband immediately, which she did. When he came, I told him he had got books of great value, he said he bought them of a young man who had brought them at different times. I told him the first step proper to be taken, would be to carry them to a place of safety, till we could find the owner. He told me it was a customary way among their trade when one lights of a parcel of waste paper, to assist each other, and that he had sold two parcels of them to two different cheesemongers. I advised him to go immediately to them, and endeavour to get them again, and to advance the price rather than not get them back. Then I took one of the volumes to Mr. Sandby in Fleet-street, an intimate friend of mine, and ask'd his advice, which was, that by advertising them we should soon hear of the owner, as there are but very few copies of them in the kingdom. Then I returned to Mr. Calvert, and with a good deal of joy he told me, he had got back both the parcels untouch'd. He told me he often saw the person he bought them of pass thro' the market, and he hoped he should soon come at him. On the Tuesday following he sent for me, and told me the man was taken, and was then before my Lord Mayor. I went there and saw him. (It was the prisoner at the bar) Mr. Calvert was there, and two of the books: he there gave an account he had bought several parcels of such of the prisoner, and the prisoner acknowledged he sold Mr. Calvert all he had in his possession of that sort, at different times. We none of us knew the number of volumes then belonging to the set. I ask'd him whether he had sold any of the set any where else, he said he had left two volumes with Mr. Richards, a bookseller in Holborn. He was ask'd in regard to his place of abode, he said he liv'd in Cold-Bath-Fields. He was ask'd if he had not a lodging in Salisbury-Court, at a stockingshop. (having been inform'd so by some porters) he owned he had. His Lordship granted us a search warrant, we went there with a constable, and ask'd the woman if one Barrington did not lodge there; she said there was a lodging taken there some little time before and I think she said the man had laid there four or five nights; I told her I was afraid she had entertained an indifferent person in her house, and said we had a warrant to search his lodgings; she gave us the key of his room, and said he was well recommended to her. In his room we found a harpsichord. We had found out Mr. Lintot, and he was there with us; he owned the harpsichord as his property. We found some loose prints and papers, which he said he had reason to think were his; some printed books and waste of books, and odd sheets. After this we divided, and I and the constable went to the house where he said he lodg'd in Cold-Bath-Fields, which was the Horshoe and Magpye. We asked the man of the house if one Barrington lodged with him, he said he had lodged with him, but he had found out that that was not his name, so he had discharg'd him his house; he said his right name was James Cobley , and that his father liv'd in that neighbourhood, and was an honest, industrious man. I ask'd him if he had any books, or parchments, or papers of any kind, that might be left by the prisoner, he said we were very welcome to go up into the room the prisoner had lodg'd in, and see what we could find. We went, but found nothing. He gave us a parcel of pamphlets which he said the prisoner had given him to read to divert himself with. (Produced in court. )

Q. to Mr. Lintott. Do you know any of these?

Mr. Lintott. I have look'd at them, some of them I can swear to.

Bristow. We then went to Mr. Richards's a bookseller in Holborn; I ask'd him if he had any volumes of the Lords Journals offer'd to him for sale, he brought out those two very books from his back shop. (Produced in court) He delivered them to me, and put his name upon them, and said he had them of a young man.

Q. Was you present at a second examination of the prisoner?

Bristow. I was; it was the next day; there I told my Lord Mayor what I have related here, and Mr. Lintott was very desirous to come at the bottom of this thing, as we thought the prisoner had some accomplice to put him on to it. He was asked concerning it, and he owned there were two other persons concerned with him in taking 140 volumes, and I think he said one of the men was named Welch, he described them both, and my Lord granted a warrant for apprehending them.

Q. to Mr. Lintott. Have you examined these books that are brought into court?

Mr. Lintott. I have.

Q. How many volumes did you lose in the whole?

Lintott. There were 140 of them, exclusive of those two that came from Mr. Richards's; they are my property, and were taken out of my chambers.

Q. Did you ever see them in your rooms?

Lintott. Yes, I have; and have the key in my pocket now.

Q. to Calvert. Have you examined all these books?

Calvert. I have.

Q. Upon your oath, who did you buy them of?

Calvert. Upon my oath I bought them of the prisoner at the bar, at several different times, to the number of 140 in all, and also bought some other papers.

Q. to Mr. Lintott. What is the value of them, don't value them as a curiosity, but tell us what you would have sold them for?

Lintott. The sett have been advertised some years ago for 500 l.

Q. Would you take an 100 l. for them now?

Lintott. No, my Lord, nor 200 l. neither.

Q. to Calvert. What did you give for them?

Calvert. I gave him at the rate of fourteen shillings a hundred weight, I paid him a great deal more than appears on that receipt at several times.

Q. What quantity of paper did you buy of the prisoner besides these books?

Calvert. Really I cannot tell, I sold 700 weight to one man.

William Potten . I bought waste paper of the prisoner at the bar three different times; in all there were 307 pounds weight. He said he asked no more, nor took no less than 14 s. a hundred. That I gave him; I gave him 42 s. in all.

Moses Irons . I am a porter, and ply in the Fleet Market The prisoner once came to me at the corner of the market, and asked me to carry some waste paper for him. I went with him and took it up, (I believe it was some books; they were in a bag) and carried them, by his direction, to Mr Potten's a cheesemonger in the Fleet Market. I also brought several parcels in a bag to Mr Calvert's; what quantity in all I know not. Some of them I believe were books, and some paper.

Q. Where did you bring them from?

Moses Irons . It was from up stairs in a chamber in the Temple.

Q. Whereabouts in the Temple?

Moses Irons . It was the first stair-case on the right hand going down the Temple Gate. I had them from the top of the house, and brought them at several times.

Q. Did you ever fetch any away in the night?

Moses Irons . No, my lord, it was sometimes day light when I went, sometimes, may be, betwixt 8 and 9 o'clock, that is the latest.

Q. Was you ever in the room where the books were?

Moses Irons . No, never; the prisoner at the bar always put the parcels on my back on the top of the stairs.

Q. Did any body else deliver any parcels to you there?

Moses Irons . No, I can't say I ever saw any body else. One night a gentleman called to me as I was going down, and the prisoner made answer, Sir, it is I.

Q. to Mr. Lintott. Is your staircase situate as the evidence describes?

Mr. Lintott. The staircase is the first on the right hand going down.

John Larnell . I am a porter; the prisoner has employed me to carry loads for him, I can't justly say how many. I brought several, I believe they were all books; some I brought openly; some were bound, and some unbound, like these produced here.

Q. Where did you take them from?

John Larnell . I took them from a stair-head belonging to a gentleman in the temple; it is at the going down on the right hand from the gate; the prisoner delivered them on my back on the resting place at the stair-head.

Q. Where did you carry them to ?

John Larnell . to Mr. Calvert's in the Fleet Market. The first time I carried any it was to Newgate-street.

Q. Did you carry any in the night?

John Larnell . No, I did not. I carried some betwixt 12 and 1 at Noon.

Q. to Calvert. Do you remember these two porters bringing the books to you?

Mr. Calvert. I do very well; this last evidence shewed me Mr. Lintott's chambers.

Q. to Potten. Which of these porters brought parcels to you?

Mr. Potten. Irons brought all to me which I had; mine was all waste paper, I had no bound books.

Q. to Calvert. Do you recollect how much you paid the prisoner in the whole?

Mr. Calvert produced a book. l. s. d.

The first article was 1 14 9

The second 1 19 6

The next 1 3 6

1 9 6

2 6 4

0 18 0

1 4 0

1 2 6

1 13 0

1 18 0

0 17 6

0 15 2

These sums sometimes my wife, and sometimes I myself set down, which were paid to the prisoner for books and paper.

Prisoner's defence.

On a Monday about the middle of May, I had been in the Strand about a little business; coming back again, I happened to go in at the gentleman and Porter in Fleet-street, for a pint of beer, there I happened to sit down in a little box where were two men; they seemed to be very well dressed. I staid there from 6 o'clock to about 7. They were talking how paper sold a pound; I was so unfortunate as to fall into discourse with them; they told me they had a great deal of paper to sell, and if I would sell it for them, or tell them where they might sell it, they would give me half the money. I said I would meet them in the morning. I did, and they took me up into the chamber where these books were. They said they belonged to the chambers; so accordingly I took the papers.

Acquitted of the burglary, found guilty of stealing in the dwelling-house .

Death .

355. (M.) Richard Mooney was indicted for stealing one smith's vice, value 7 s. the property of William Redbourn , June 9 . ++

William Redbourn , (he produced a stock-vice.) This was taken out of my shop in Codpiss-Row, Clerkenwell , on the 9th of June. I advertised it at a crown reward, and by that means found it was pawned in the name of Richard Mooney and Ann Smith , and the pawnbroker came and told me he had it. I took the prisoner up, and going to the justice's he confessed taking it to the constable and I.

Q. What is the value of it?

William Redbourn . I value it at 7 s.

Ann Smith . I went along with the prisoner to the pawnbroker's with the vice, and pawned it there. He told me it was his own.

Mr. Bembrick. I believe it is the prisoner that came with this woman to pawn this vice. I took it in, knowing the woman. I found it advertised, and gave notice to the prosecutor.

Prisoner's defence.

On Sunday morning I went to call my fellow servants to take a walk to Islington. I went to a little back place to case myself; I found this vice, and I carried it to an alehouse till the next day, then I went and pawned it with that woman.

Guilty .

[Transportation. See summary.]

356. (L.) Tracy Tutt was indicted for that he, on the 31st of May , about the hour of 2 in the night, on the same day, the dwelling-house of Sarah Vain did break, and enter, and steal out thence three pair of men's shoes, three pair of women's shoes, one petticoat, one gown, one pair of stockings, one pair of buckles , her property. ++

Sarah Vain . I live in chandler's Rents, Black-friers ; I lost the things mentioned in the indictment out of my house, which was broke open the 1st of June, in the morning before I got up, and the things gone. I know nothing who did it.

John Clark . Two nights before Mrs. Vain's shop was broke open, I was with the prisoner to break her shop open, but the watchman coming it hindred us then; so we went home to bed. On Friday after I parted from him, and he went and broke it open by himself. He called me up between 6 and 7 the 1st of June, to go and sell the things. There were two pair of shoes and pair of pumps, and three pair of women's shoes a box-iron and heaters, and a pair of child's stockings. We went and sold the things to an old cloaths man at the end of Hatton-Garden, only the pumps, which we pawned for a shilling.

Q. Had you any share of the money?

John Clark . No.

Prisoner. This man has been tried here before now.

John Clark . I was once here, and then I was acquitted.

Prisoner's Defence.

I met the evidence with a bundle of things : He carried them to his mother's house. When I came from work on Saturday Night, I heard a house was broke open, then I suspected he did it, and I forewarned him coming after me, and now he has done this out of spight.

Acquitted .

357. (L.) Paul Wood and Samuel Hamilton were indicted, for that they, on the 11th of June, about the hour of 10 in the night, on the same day, the dwelling-house of William Adcock did break, enter, and steal out thence one shag waistcoat, one cloth coat, one cloth waistcoat, one pair of shag breeches, one pair of everlasting breeches, one pair of leather breeches, the whole valued at upwards of 40 s. the goods of the said William Adcock , in his dwelling-house .

William Adcock , I live in Somerset-Street, Whitechapel , in Aldgate Parish; we have a lodger; she went out to get something for supper. I saw the door a-jar when I went to bed for her to come in. I know not how the things were taken.

Q. What did you lose?

William Adcock , I lost a scarlet shag waistcoat that was not finished, two old coats, one old cloth waistcoat, a pair of leather breeches, a cloth cloak, from out of my shop. (I am a Taylor.) I never saw the prisoners before I saw them after this before Justice Withers along with the evidence here. They confessed nothing.

Q. Did you ever find the goods again?

William Adcock . No, I have not.

Jane Adcock . I never saw the persons before I came before Justice, Withers. We lost the goods mentioned, and I know the door was left a jar at the time we went to bed. There were no locks broken.

Jos. Stevens. I am about 15 Years of age; Samuel Hamilton sent me to this taylor's door to see if I could push it open. I pushed several times at the door and it would not open.

Q. What time of night was this?

Jos. Stevens. It was betwixt 10 and 11 at night. Then Hamilton pulled me from the door, and said, D - n you, I know how to open it better than you. He took a knife out of his pocket with a hook to it, and it immediately put back the bolt of the door; then he and I got into the entry. Wood stood at the door, and said, Make haste, for it is growing late. We all went with an intention of breaking the house open. We took a red plush waistcoat out of the box, a pair of buck-skin breeches, a pair of cloth breeches with leather linings, and a duffil coat, and a coat with one sleeve, and a waistcoat of the same, and a pair of fustian sleeves with blue ribbons and brass buttons. We delivered them to Mary Sadler to sell; she went for Hamilton's wife; we all lodged in one house; she sold them; we had 8 s. 6 d. we gave her a shilling for selling them, and had half a crown each.

Q. to the prosecutor. Were these your goods?

William Adcock . Yes, my lord, they were; there was such a coat as he mentioned with one sleeve.

Q. to the prosecutor. What was the value of the two coats?

William Adcock . About 10 s.

Q. to the prosecutor. What is the value of the shag waistcoat ?

William Adcock . The two yards of shag cost 30 s. besides the making up.

Q. What is the old waistcoat ?

William Adcock . That is but a trifle.

Q. What the leather breeches, and shag breeches?

William Adcock . Four shillings.

Jos. Stevens. I went and bought this waistcoat and cap I have on out of the money. We were taken up about a woman that is in Clerkenwell; she was an evidence against the two prisoners; then Hamilton began to tell all he knew, and Mr. Withers said I was the youngest, he'd make me evidence.

Q. Where did you lodge?

Jos. Stevens. On Saltpetre-Bank, a private house.

James Warren . I am clerk to Mr. Withers Hamilton wanted to be made an evidence, and began to confess; but Mr. Withers knowing he had been an evidence here in January sessions, and cast five persons for transportation* he would not admit him, but admitted the other.

* See No. 96, 97, 98, 99, 100, in this Mayoralty.

Wood's defence.

The thief-catchers desired the prosecutor to prosecute us, and offered him a reward if he would.

Q. to the prosecutor. Did any body offer you as the prisoner has mentioned?

Prosecutor. There were two runners or turnkeys of New-prison and Bridewell said to me, they would give me a note for my chance.

Hamilton's defence.

That evidence is egg'd on by the thief-catchers, and he will swear any thing. I know no more of what he says than the child unborn.

Jacob Dubois . I know Paul Wood , he is my brother, and has been always in my care.

Q. How is he your brother? His name is Wood.

Jacob Dubois . Mine is the French name for Wood. He is a draw-boy to a weaver, and I am a draft-weaver. He never wronged me or any body that he worked with to my knowledge.

Peter Dubois . He is my brother; he has worked with me a great many times, and he never wronged any body where he did work that I know of.

James Liaver . The prosecutor saying he had got such an affair, I went with him. I heard one of the men at the prison offer him 10 l. if the boys were hanged.

Both guilty .

[Transportation. See summary.]

358. (L.) Sarah Stoner , spinster , was indicted for stealing one linen sack, val. 12 d. one camblet skirt, one pair of stays, one linen shift, one pair of stockings, one pair of shoes, one linen cloth , the goods of Joseph Jackson , June 8 . ||

Elizabeth Jackson . My husband's name is Joseph, I heard the prisoner was taken up and carried before my Lord Mayor for striping a child in Bartholomew close. I, having had one stript, went there to see if I could find out whether or no it was she that stripp'd mine. I there taxed her with it, upon which she owned it, and also that she had stripped two others: And since she has owned that my child's stays and stockings were stopped on Clerkenwell-green: I went and found them out, and the person is here to give his evidence.

Q. to the prisoner. How old are you?

Prisoner. I shall be eleven years of age next monday

Q. to Eliz. Jackson. Did you know the prisoner before?

E. Jackson. I did, we live all in one street, she is an apprentice to her aunt.

Q. Where was your child stripped?

E. Jackson. My child was found in the fields with only two green petticoats and her cap on, and by telling her name and place of abode was brought home to me.

Q. What things were missing from off her?

E. Jackson. A Linen sack, her stays, skirt, shift, stockings, shoes, a pin cloth from before her, and a topknot.

John Beesley . I was walking in the fields along with a comrade; coming by Frog-lane the turnpike man said, Lord have mercy, I never saw the like in my life, there sits a child that is stripped. I went over a ditch to it; he said, Don't meddle with it; I said I would. I found it with only one petticoat on and another in its hand. I took that and pinned it over her shoulders; then I asked her who she belonged to, and her name. She said her name was Peggy Jackson , and told me where her mother lived. I took it home to its mother.

Elizabeth Arnold , ( produces a child's sack.) The prisoner at the bar brought this into the court where I live to sell, and I bought it of her.

Q. to Elizabeth Jackson . Look on that sack, do you know it?

Elizabeth Jackson . My child had this on that morning on the day she was stripped; it is my property.

Sarah Riley , produces a child's skirt. I gave the prisoner three half pence for this.

Q. to Elizabeth Jackson . Do you know that skirt?

E. Jackson: This my child had on the day beforementioned.

Mary Linch , produces an under petticoat, a knot, and a piece of check cloth. These things I bought of the prisoner at the bar.

Q. to Elizabeth Jackson . Are these your property?

E. Jackson. The pin cloth and topknot are, and were on my child that morning; the petticoat is not.

Paul Haines . I buy old clothes. He produces a stay and a pair of stockings. I live on Clerkenwell green, the girl at the bar offered me these things to sell; I asked her where her mother lived, she mentioned a place, I went with her. Then she said she lived at another place, and after that another; then I stopped the things.

Q. to Elizabeth Jackson . Do you know these things?

E. Jackson. They are mine, they were on the child that day.

Prisoner's Defence.

I went up into the fields to get two or three butterflowers with some children, and the next day I went again, and one Mary Nicks , an old woman, made me take the things and pawn them.

To her Character.

Eliz. Davis. I have known this girl about 7 years, and never heard she did any thing of the like kind before.

Q. How old is she ?

Eliz. Davis. I believe she is about eleven years of age.

Henry Letgold . We had the prisoner at a month old, she, was born in July 1743, O. S. We had her bound apprentice to us by Lambeth parish in August last, I am her uncle, she never wronged us.

Guilty 10 d.

She was a second time indicted for stealing a child's quilted petticoat, val. 6 d. one shirt, val. 6 d. the goods of Rich Tustin , June 13 . ++

Ann Tustin . My husband's name is Richard, I missed this child I have now in my arms, and in about half an hour after I heard she was stripped in Bartholomew close ; the other witness can give a particular account of it. The child is about 22 months old.

Thomas Dawson . I was at work where the child's mother lives, in Black-horse yard, Pick-ax street, there came news that a child was stripped near Bartholomew-close. I did not know whose child it was then. The prisoner was stopped. I went and took hold of the child. I then asked the prisoner if she stripped the child, she said yes, and that she had proffered the things to sale which she took off the child back.

Q. What was taken from the child?

Dawson. A coat and skirt, (produced in court.) Then a gentleman came and asked me if I was the father of that child, I said no, but I was servant to the child's father. A constable was sent for, and he was charged with the prisoner, and we took her before my Lord-mayor, and from thence to the Counter.

Q. Did you ever see the prisoner before that time?

Dawson. No, never in my life.

Prisoner's Defence.

Mary Dicks , with a knife in her hand, swore she would stab me if I would not take the petticoat off; but while the woman was licking me she ran away.

Guilty .

[Transportation. See summary.]

359. (L.) Mary Wilson , spinster , otherwise Mary, wife of - Wilson , was indicted for stealing 17 yards and 1/2 of sattin, val. 50 s. the goods of Lomax Ryder , &c. May 14 . ++

Lomax Ryder. I employed the prisoner's daughter in making hoop petticoats. On the 14th of May she came into the shop for work to carry to her daughter, and some little time after she had left the shop my servant, Thomas Smith , told me she had robbed me.

Thomas Smith . About 8 or 9 at night the 14th of May, the prisoner brought in her daughter's work, I bid her stay a little while and I would give her more. She stayed about an hour, and I gave her a piece of cloth to carry to her daughter as usual. She went and reached something from the compter, I then was suspicious she had taken something. I observed as she went out of the shop she endeavoured to conceal something in her apron: this encreased my suspicion, I called to her and she stopped; then I went and asked her if she had not more about her than belonged to her. I looked into her apron and there I found this piece of sattin.

Prosecutor. It is my property.

Smith. I carried her back, and all she could say for herself was, that she took it in the room of the cloth I gave her to carry to her daughter's.

Q. Was it possible she could make such a mistake?

Smith. No, she could not.

The prisoner said nothing in her defence, but called six people to her character, who gave her a good one.

Guilty .

[Transportation. See summary.]

360. (L.) Catharine Duncomb , spinster , was indicted for stealing one silver watch, val. 3 l. 12 s. one silver seal, val. 2 s. the goods of Robert Groves , privately from his person , June 10 . ++

Robert Groves . On the 10th of June about 11 o'clock at night, I was coming up the Newmarket in my way home, there was the prisoner and another woman talking together; the prisoner asked me where I was going, I said home: she laid hold of my arm, and said she wanted to speak to me. Then she asked me to go home with her to her lodgings, which I refused. Then she asked me to go over to an alehouse to drink with her, I said I would not, upon which she desired me to give her a penny to get her a dram, which I did, after which she behaved in a very indecent manner, such as pulling up her coats, and telling me that I should feel of her - , and asked me if I could deny such, &c. Then she put her hand into my breeches, and then to my fob. I was going away from her, but she dragged me to where her companion was standing. Presently the other woman went off, I then missed my watch.

Q. How long before you missed your watch was it that you had it ?

Groves. Just before I came up to them; I had taken it out to see what o'clock it was at a lamp, and put it into my fob again.

Q. Was you sober at that time?

Groves. I was.

Q. Did you perceive her to take the watch?

Groves. No, I did not.

Q. Were the two women close together before the other went off?

Groves. They were.

Q. Did you observe them to speak to each other?

Groves. I did not perceive they did.

Q. Was the other person near enough you to take your watch?

Groves. The other was at a distance when the prisoner put her hand to my fob. I am sure the prisoner is the person that took it, she never let me go from the time she first took me by the arm till I missed it: then I took hold of her that she should not run away, and I charged the watch with her.

Q. Did you ever get your watch again?

Groves. No.

Q. Do you think she was near enough the other woman to give it to her?

Groves. Yes, she was, just at her going off.

Q. Did you see her reach her hand?

Groves. No, I did not, for I was on the other side.

Q. How near were they to each other?

Groves. I don't know but that they might touch each other.

Q. What was done with the prisoner?

Groves. She was taken to the watch-house, and searched by a woman, but nothing was found upon her, and the next morning we took her to Bridewell, and from thence to Guildhall, and then she was committed.

Q. Did she confess any thing?

Groves. No.

John Downs . On the 10th of June at night the prisoner was brought down to the watch-house, it was my watch night. There the prosecutor said, as he was coming down the Fleet-market she took hold of him.

Q. Was she in the hearing of him when he told this?

Downs. She was, and he said he refused to go along with her: and that then she asked him for a dram, upon which he gave her a penny.

Q. Was the account he gave the same he has done here?

Downs. It was. I sent for a woman to search her, but the watch was not found upon her. She was afterwards committed by the sitting alderman.

Prisoner's Defence.

I have nothing farther to say, than desiring he should bring the woman that searched me. I was going down the market, and this young man and a young woman were together, I had nobody with me. They were pulling and haleing one another about. I stood to look at them with my back against post. After he had done he went to button up his breeches, and said he had lost his watch, and she was gone away, and then he came and took hold of me, and carried me to the watch-house, and had me searched in a very indecent manner. Then the constable and he went out to see for the young woman he was in company with, they came back and said they could not find her. For my part I never saw her with my eyes before. Then they carried me down to Bridewell, and after that I was committed to Newgate.

Q. to prosecutor. Was you with another woman in the Fleet-market at that time?

Prosecutor. No, the prisoner and another woman were together, I had no body with me.

Q. Had you any knowledge of the prisoner before this?

Prosecutor. I never saw her or the other in my life to my knowledge.

Q. to constable. Did the prosecutor appear to be sober?

Constable. He did to me; I believe he was sober.

Q. to prosecutor. What do you value your watch at?

Prosecutor. At 3 l. 10 s.

Guilty 10 d.

[Transportation. See summary.]

361. (M.) Peter Davis , was indicted for stealing one linen gown, val. 2 s. one check apron, val. 6 d. the goods of William Clare , June 20 .

+ Acquitted .

(M.) He was a second time indicted for stealing 2 brass candlesticks, val. 2 s. the goods of John Hickson , June 20 . +

Ann Hickson . My husband's name is John, we keep the Golden Lion at Hide-park corner . On the 20th of June the prisoner came into our house and called for a pint of cyder, he was then in the tap-house, I went down into the cellar, he went into the kitchen and complained he was cold. I had another customer came and called for a pint of bear, I went and drew it. I know my candlesticks were standing on the mantlepiece when he went into the kitchen. When he was gone I missed my candlesticks. After this a market woman who uses my house was telling me that Mr. Clare, at the Coach and Horses in the King's road, had been robbed of a gown and apron, and that the man upon being searched had a pair of brass candlesticks found upon him. She described the man, I went to the constable's house where she directed me, and saw both the prisoner, whom I knew again, and cry candlesticks. Produced in court and deposed to.

Thomas Humphrys . I am constable belonging to St. Margaret's parish. When the prisoner was taken up about stealing the gown and apron they sent for me; I was there told he had a pair of brass candlesticks in his pocket; I saw them taken out, they were given me in charge, and this woman came and owned them.

Prisoner's Defence.

I never was in that woman's house in my life, I bought the candlesticks of an old clothes man for 24 d. over a pint of beer near Hide-park corner.

Guilty .

[Transportation. See summary.]

362. (M.) Peter Duboice , was indicted for stealing 4 silver seals, val. 1 s. one gold seal, val. 12 s. 12 silver sizes for rings , the goods of John Hollier , June 6 ,

+ Acq .

363. (M.) Thomas Logey , was indicted for stealing 1 copper pot, val. 5 s. 1 brass stew pan. val. 2 s. 1 pillow, val. 6 d. 1 table cloth, the goods of Abraham Kelley , in a certain lodging room let by contract, &c. June 18 . +

It appear'd the prisoner had been in these ready furnished lodgings about half a year, after which the things mentioned were missing; he was charged with taking them, he confess'd he did, and directed where they were pawned, and they were found accordingly.

Guilty .

[Branding. See summary.]

364. (L.) Thomas Murphy was indicted for stealing one brass arm and candlestick, value 2 s. the property of John Child , July 18 . ++

John Child . Last Thursday morning about ten o'clock, being the 18th of July, I was backwards in the yard washing my hands, my servant came to me and said he wanted 7 d. to pay for some brass that he had bought. I came into the shop, there was the prisoner. I gave him 7 d. it was for some old brass which he had brought. He went out, and I believe he went a little way down the street, for a little time after came a neighbour and told me he had offered this brass arm to sell ( producing one) it is my property. I went to the prisoner, and charged him with stealing it, he said he bought it, and mentioned first one place then another.

Sarah Brinn . The prisoner came into my shop betwixt 10 and 11 o'clock on Thursday last to sell a parcel of old brass. the brass weighed 4 ounces; he offered this brass arm of a candlestick to sale; I sent over to the prosecutor (he lives over against me) I thought it was his; the prisoner went out of the shop, and Mr. Child sent after him and took him.

Prosecutor. After I had paid him for the brass I went backward into the yard, and did not know the prisoner had taken any thing.

John Bassit . I live with Mr. Child; Mrs. Brinn came and told me, I saw the prisoner, and followed him to Golden-Lane end; the branch hung out of his pocket, I brought him back to my master, and there the branch was taken from him.

Prisoner's defence.

I never proposed to sell that thing to her.

Guilty .

[Transportation. See summary.]

365. (L.) Mary Cook spinster , was indicted for stealing a pair of stockings, the property of James Lucas , and a handkerchief , the property of Mary Taunton , February 28 ++ .

Elizabeth Lucas . My husband is named James; I lost a pair of worsted stockings out of my house in the month of February, and a pair of shift sleeves; and a h andkerchief, the property of my sister Mary Taunton. I had taken the prisoner in out of charity till she could hear of a service; I charged her with taking them and the confess'd it to me.

John Neal . I was present with the constable when the prisoner acknowledged the taking these things mentioned.

Prisoner's defence.

Mrs. Lucas gave me three pair of stockings, and the other things I pawn'd with a design to setch them again.

Guilty .

[Transportation. See summary.]

366. (L.) James Davis was indicted for stealing six shillings in money , the property of Charles Wilkinson , July 7 *.

Charles Wilkinson . The prisoner was a yearly servant in my house. I observed I missed money out of my desk; at first I was willing to believe it was a mistake; but as I told my money and wrote upon the papers how much each parcel contained, and laying them by finding them often short when I told them over again, I found it could be no longer a mistake of mine. I was very desirous to find the thief out. I believe I missed in the whole to the amount of 15 or 20 l. On Whitson Eve I put ten guineas into my desk. (The place where I had missed my money ) and after that in the same evening ten guineas more. In a week after I took out five, and scratched out the ten guineas on the paper, and put down five; two or three days after I went and found but fourteen guineas, upon this I put in no more gold there, but about a week or a fortnight after I put in 19 s. 6 d. in silver, and told it before I went to church in the morning, and as soon as I came from church I told it again, and found in the bag only 17 s. I asked who had been there, and was told none but the prisoner: this confirmed me in my suspicion, that he must be the man. The sunday following, the seventh of this instant, I set Thomas Simpson to watch thro' a hole I had made, I had then put in 11 half crowns and 17 shillings, he can give a farther account.

Thomas Simpson . Mr. Wilkinson telling me he had lost money at several times, he fix'd me at a place to watch last sunday was sevennight, about half an hour after 10 o'clock he went out, the maid and the prisoner being alone below, she went up stairs, after which the prisoner walk'd softly across the parlour to the stair foot, then he turn'd round in the parlour to the desk, and opening it drew out a drawer, took out a bag, and put his hand into it, but what he took out I cannot pretend to say. Then he did it up and put it in the drawer again, and shut the desk. On seeing this I stepped to him; he on seeing me seemed pretty much fluttered; I charged him with having meddled with the desk. Mr. Wilkinson was near the door in the street, he was call'd in, and brought the constable with him. We searched the prisoner, after Mr. Wilkinson had told the money, and missed 6 s. In searching the prisoner I observed his hand clinched close, we opened it, and found 2 half crowns and a shilling, with the mark upon them that Mr Wilkinson had put. Upon that the prisoner fell on his knees, begg'd for mercy, said he was utterly ruined.

Q. to Wilkinson. Did you mark any of the money?

Wilkinson. I did, by running an engraver along the Letters V and W in Carolus and William.

Q. Was you present when he was searched?

Wilkinson. I was, and saw the money taken from him, upon which he begg'd for mercy. (The money produc'd in court, and depos'd to ) He gave me the key afterward with which he opened the desk; this he has had of a gentlewoman that has had my first floor ever since last September.

John Scofield . I am constable; I took charge of the prisoner, and searched him; he first took out 1 s. 6 d. and some half pence out of his pocket, and declared it was all he had; but seeing his hand clos'd, we would see what was in it, and there found 2 half crowns and a shilling, marked as before mentioned; then the prisoner fell on his knees and begg'd for mercy.

Prisoner's defence.

I was coming thro' the room; my master goes to church very frequently, and I wanted to clean my buckles, I went to the kitchen and cut myself some bread and butter, and coming from the parlour again forgot a handkerchief, then Mr. Simpson stopped me; I said what is the matter, he would search me, and I had I believe 5 or 6 shillings in my hand, which they took from me.

Q. to prosecutor. Would that key open your desk ?

Prosecutor. Yes, my Lord, it would lock and unlock it very well.

Guilty .

[Transportation. See summary.]

367 (L. ) Thomas Collis was indicted for sacrilegiously stealing a linnen surplice, value 3 s. the property of , in the custody of the church-wardens of the said parish , June 28 + .

Catharine West . I lost a surplice out of the church of the parish of St. Catharine Cree, it was in the clark's care; he had hung the key up in the vestry, I found the hood on the ground that the minister wears over it, and having seen the prisoner follow me when I went in to open the doors, after I missed the surplice I saw him no more. I went to our gentlemen, and told them I had lost it, they desired me to enquire among the Jews. I had not an opportunity to go so soon as I would have gone. A young man came to me, and I desired him if he saw such a thing going to be sold, to stop it. After that Mr. Thackery came and told me he had heard of it, I went along with him to a publick house, and saw Rachel Israel with it in her lap; I told her it was stole out of our church and I could swear to it, there being a place on it which I had mended. (Produc'd in court, and depos'd to) She had cut a piece of the collar off; they brought the prisoner to me, and I said I could swear to him by his stockings being splashed with dirt, and by a slit on his elbow; I can't tell the day of the month I lost it, but know it was on a Friday.

Q. Could you swear to his face?

West. No, I could not.

Q. Then had he changed his dress you could not have sworn to him?

West. No, I could not.

Q. from prisoner. What part of the church did I take it from?

West. He took it from out of the vestry. He was taken before my Lord Mayor, and there he owned he did take it from thence ?

Rachel Israel . The prisoner at the bar went past my window with a bundle under his arm, he looked in; my husband asked him if he would buy a good hat, he said he wanted to sell. I sell old clothes, he produced the surplice, I got up and looked at it; he said he bought it for half a crown, and asked me five shillings for it; I bought it for 3 s. After I found it was stole. I carried it to the place where it properly belong'd to. I went before the Alderman, and he said if I saw the man I must take care of him, I said I would. After that the prisoner was going by, I said this is the man that sold me the thing; then my husband and another man secured him.

Prisoner's defence.

I did not steal it in the church, I gave half a crown for it, and ask'd the woman 6 s.

Guilty of Felony only .

[Transportation. See summary.]

368. (M.) Elizabeth Simms , spinster , otherwise Elizabeth wife of William Terrey was indicted for stealing six cambrick handkerchiefs, value 6 s. the property of James Johnson , Esq ; and one pair of thread stockings the property of Nathaniel Adams , June 7 || .

John Hudson . The prisoner pledg'd 2 handkerchiefs with me ( producing them) I asked her if they were her own, she said they were.

George Mure . The prisoner pledg'd 4 handkerchiefs and a pair of thread stockings with me ( produc'd in court) as her own property.

Nathaniel Adams . These 6 handkerchiefs produced here are the property of Major Johnson, and the stockings were mine.

Prisoner's defence.

There were 2 other women besides me used to wash at Major Johnson's, if they were pawned in my name I can't help it.

Guilty .

[Transportation. See summary.]

369. (M.) Elizabeth wife of Charles Jones was indicted for stealing one silver watch, with 2 seals to the same, value 3 l. 20 guineas and 2 shillings in money, the goods and money of Willis Farrows . in the dwelling house of Michael Carrey, June 6 || .

Willis Farrows . I had been at the other end of the town with some friends drinking plentifully; the prisoner picked me up in the street, under pretence to see me safe home, and had me first to the Crown in Bread-Street, and made me more in liquor, then she took me to the house of Michael Cartey , in Parker's-Lane , there I lay down on the bed with my breeches off, and when I awak'd my watch and money was gone, and so was she.

Q. What is this house in Parker's Lane, a publick house?

Farrows. No, my Lord, it is a private lodging house.

Q. What reason have you to suspect the prisoner?

Farrows. Because the watch and some money were found upon her.

Q. from the prisoner. Did not you give them to me?

Farrows. No, I did not, under no pretence whatsoever ?

Thomas James . I think it was on Monday the 6th of June the prisoner came casually to my shop to buy a pair of shoes: she was in a sad deplorable dress; I told her I believed she had no occasion for shoes, and desired her to go out of my shop. She did, but returned again, and sat down in a chair, and said she had money enough to pay for a pair of shoes, and pull'd out a guinea. I sold her a pair of shoes and gave her change out of a guinea. After that she enquired where she could get some new clothes, and pull'd out a guinea or two more; I said there were clothes enough in the neighbourhood, and a person by my direction brought some clothes to my shop door, she bought a gown and several things. Then she enquired where she could have a lodging to lodge safe; I said you seem to be full of money, I am afraid you have committed something bad; she said, De'el took me if I have, it is a good mons moony, it is my own husbands, then she went away. The next morning I had some business in Cavendish-Square, and when I came back there was the prisoner in my shop again; I asked her what was her business, she said, I was a muckle mon, and she heard I was a constable, and she was come to give me a glass of beer, because she had heard she had been saucy to me the day before, and that I had been so good to her as not to took her to the watch-house. I bid her go about her business, or I'd turn her out; then she said I will gang no farther till I treate you. Then she put her hand in her bosom, and there I saw 2 seals hang out, then I said I am afraid you have done some bad action, for I see you have got a watch there, pray what o'clock is it? She said you have got a watch of your own I courted her a good deal to see it, but she would not let me have it; at last I took hold of it and saw the name upon it; then I said you must give me some farther account before you go any farther; she said it was her husband's, and that he was a perriwig-maker in Brewer-Street at the Coach and Horses; I left her in the custody of my apprentice, and went there to enquire whether such a person did live there. When I came there, I found her sister lived there, but the prisoner did not. Then I came back, and went to justice Bedwell with her; he ordered me to search her, I did, and found 38 shillings and 6 l. in silver in a paper, and 11 guineas and an half n gold, in her bosom; then she was committed. ( The watch and money produced in court.)

Prosecutor. This watch and seals are my property which I lost that night I was with the prisoner: the money I will not pretend to swear to.

James. She told me in the coach going along that she picked up a man in Broad-street by Carnaby-Market, and they agreed to go down to her lodgings in Parker's Lane, there they drank together, after that she helped him off with his breeches, and they lay down on the bed together. After that she took his breeches and took out of them 20 golden guineas and some silver, but did not say what quantity of silver, and the watch, and then went away and left him.

John Topham . On the 8th of June last I happened to be at justice Fielding's, the prisoner was then present, I asked the prisoner how she came to do such a rash action as to take the gentleman's money; she said she took the gentleman's watch and money to keep till he was sober; I asked her why she did not return them, she said she went out and came no more back to the house in Parker's-Lane.

Q. to James. You say you went before Mr. Bedwell, the last witness talks of being at Justice Fielding's?

James. Mr. Bedwell was at Justice Fielding's office, they were both together.

Q. Did she mention the house where she took the watch and money?

James. She said it was in Mr. Cartey's house in Parker's-Lane, I have been at the house since to search for more money that she says she hid there.

Ann Carter . I lived in Cartey's house in Parker's-Lane, up one pair of stairs forwards, she and her husband came and took that lower room on the Tuesday before she did this robbery. My child and I were sitting on the cill of the door when the gentleman and she came in, I said to my child get up and let Mr. Jones and his wife come in, after that she called for me to go and fetch a pot of beer, and said her husband would not go to sleep without it (meaning the gentleman) and came into the entry to me and gave me six-pence to pay for it, I went and fetched it, and gave her the change.

Q. Do you know any thing about taking the things?

A. Carter. I do not.

Prisoner's defence.

I had been into the city receiving some money from Edinburgh, as I was coming home I met with this man at the Crown on the top of Broad-street by Golden-Square, he was in liquor, and worried me to drink there; then we went into another house and chang'd a guinea, and paid for a bit of salmon and a pot of beer; after this we came as far as Parker's-Lane, he said he'd have some beer, and got this woman to fetch some; he desir'd I'd take care of his clothes and watch for him. I sat down, he laid down his breeches, after I had help'd to pull them off; I went to see what was become of my child, and when I came back he was gone, and my door padlock'd. Then I went and bought a pair of shoes, and said at that house I wanted other things, the man's wife went and brought in a smock, 2 petticoats and a gown, I bought them. Then because the door was padlock'd he said he'd take me to a very good lodging; he took me to one, I stay'd all night there, but never spent a farthing of the money. I came back to his house again, his wife was washing, then the thief catchers came in, and they have kept all the things I bought.

James. As she bought these things out of that money I thought proper to detain them for him.

Q. to Prosecutor. She says you gave her these things in order for her to keep for you.

Prosecutor. I am pretty sure I never gave them to her at all, but believe she did assist me in pulling my breeches off.

Guilty Death .

370. (M.) Mary Lewis otherwise Oats , widow , was indicted for stealing ten 36 shilling pieces and 3 guineas, the money of John Knight, privately and secretly from his person , July 5 .*

Prisoner. My name is Ann Lewis .

Court. You have pleaded to that of Mary Lewis ?

John Knight . I was coming along the Strand in company with Robert Mitchel Edwards , on the 5th of July about 10 o'clock at night, we overtook the prisoner and another woman together, they toss'd up their hoops to let us pass, and the prisoner said, Lord! every body is admiring my breast as they go along. Lord, said I, perhaps they are worth admiring, she turned round and said how do you do, my dear, will you give me a glass of wine, and took hold of my hand; with all my heart, said I, then they brought us down to the Rummer by Charing-Cross ; when we came in we call'd for a bottle of port, we were in a room below stairs.

Q. Who call'd for the bottle?

Knight. I did; and flung down 2 s. for it before we tasted it, then she came to me and turn'd up all her clothes to her navel, and sat down on my knee, and said my dear; I said, my dear, I'll have nothing to say to you, she unbutton'd my breeches before, and pull'd all out shirt and all. Then I turn'd round and button'd them up again; by G - d, said she, I will be st - d by you, and came and unbutton'd them again. Then she said where are you going to, I said to James's-street; then she said come along, we will go with you. Then she said to her companion, d - n you, Moll, why don't you haul up; then she pull'd all up, she was with Edwards.

Q. Did the other come near you?

Knight. No, she did not. Then we went to go out, when we got to the door I turn'd round to my friend Edwards to come along, and though I had seen the two women in the entry as I thought going with us, they were slip'd away in an instant. Then I put my hand to my pocket, and pull'd out my money, and found ten 36 shilling pieces and 3 guineas missing, and some silver, but what quantity I know not. When we found we could not come at them that night, we went home and lay together; the next morning we were advis'd to go to the same house; accordingly we went and called for half a pint of wine; I said to the drawer, do you know my face? he said, yes Sir, you were here together last night with two young ladies, (as he was pleased to call them, but they were two young devils to me) I asked him where they liv'd and their names, he said he did not know either. That did not satisfy me, I had lost my money, but I thought proper to conceal that, and said they gave us directions where to find them, but we had lost it. Then I went to a friend of mine, to whom I told the affair and we went in again, and the same drawer brought in a pot of porter; we asked him again whether he knew any thing of them, he said no. My friend called for the man of the house, who came; he said to him, here is an odd affair happen'd in your house, and told him of it; the landlord said he knew nothing of the women, or where they liv'd, and the mistress of the house said the same. I said if the drawer would tell me where they liv'd that I might see them, I'd give him a guinea or two; he went out and came in again, and with humms and haws directed us to a house in a court in the Strand; we went there with a constable and a warrant; the constable found the prisoner by my describing her; but we could not find the other woman. After the constable had got her, I went in and said, G - d bless your pretty face, don't you know me again? She said yes, you was in company with me last night; she denied nothing that passed but having my money; she said she did not take a brass farthing out of my pocket; no, said I, I had no such thing in it.

Q. Did you search her or her lodgings ?

Knight. No, we did not; had we found money I could not have sworn to that.

Cross Examination.

Q. Did you know how much money you had in your pocket at that time?

Knight. To be sure I did by counting of it.

Q. When did you count it?

Knight. A little before we met with them.

Q. How much had you?

Knight. Twenty 36 s. pieces, nine guineas, and some silver.

Q. How came you to count it at that time?

Knight. When I go with such creatures I always do.

Q. Had you been along with such creatures that night before?

Knight. No.

Q. Where had you been before you met with them?

Knight. I went out of a house in the Strand about three quarters of an hour after nine.

Q. Were there no women there?

Knight. There were, but I had not been drinking that night; it was then the beginning of the evening.

Q. Was you quite sober?

Knight. I had had some liquor.

Q. Are you sure you had all this money when you came out of that house?

Knight. I had.

Q. How do you know that?

Knight. I counted it at coming out.

Q. Do you remember your throwing your gold, silver and halfpence about the room?

Knight. No. I pulled out my money to look for silver, but I tossed none about.

Q. Did not you drop some on the ground?

Knight. I don't remember any such thing.

Q. How came you not to pursue these women ?

Knight. I did not know where to pursue. I turned round for my friend, and when I looked for them they were gone.

Q. Did you count your money when you went in at the Rummer?

Knight. I did not.

Q. Did you see your gold when you paid for your wine?

Knight. I know then I had it safe.

Robert Mitchel Edwards . The prosecutor and I were together going along the Strand; we met with the prisoner and another woman; they importuned us to go with them to this Rummer to drink. We both went with them. The prisoner sat on his knee with her cloaths up in an indecent manner, and the other so upon mine. We were there till we drank a glass or two of wine. When we were going out I was talking to my friend, and they slipped away and got off. We went to run after them, but could see nothing of them; we never saw which way they went. As soon as we came out of the house, he told me he had lost ten 36 s. pieces, and three guineas. He had counted it there, but would not make any disturbance about it then. Then we went to his lodgings, and lay together. The next morning we went to the same tavern and asked for the drawer; he would give us no account where we might find them, till we got another friend; then we found the prisoner out, and she was taken up and carried before a Justice of the Peace, but she denied having the money.

Q. Did you see the prosecutor take out his money at the Rummer?

Edwards. I did, and he paid 2 s.

Q. Did you see any gold in his hand at that time?

Edwards. Yes, my Lord, I did.

Q. How much do you think you saw?

Edwards. I saw a great deal; there were several 36 s. pieces.

Q. Was that before the women went away?

Edwards. It was, my Lord.

Q. By the quantity how much do you think there might be?

Edwards. There might be upwards of 40 l.

Henry Matthews . On the 6th of July in the morning, about 8 or 9 o'clock, I went to John Knight 's Sister's lodging, near Long-acre; I said to him, Jack, what is the matter? He said, since I saw you last I am 4 or 5 and 20 l. the worse man. I asked him how that came about? He said, there were two women picked up this gentleman and I in the Strand, and had us to the Rummer-tavern, and picked my pocket. I advised him to go there again and enquire for them. We three went, and called for a pot of porter. I said to the drawer, Do you remember these two gentlemen being here last night, he said he did. I asked him after the two women that were with them; he said he knew nothing of them; adding, there were a great many women used the house that they did not know. Then I went to the landlord, and said to him, There is an affair happened here which may be of bad consequence to your house; here is a gentleman has been robbed in it last night of so much money, and I believe your drawer knows it. Said he, I'll call him. I said we had offered him a guinea or two to tell us where to find them. Then the women of the house said she remembered a gentlewoman whose name was Lewis, and she could find it out by that. After that the drawer went to the bar in the yard, and unriddled the affair, and said her name was Mary Lewis , that she lived in Exeter-Court in the Strand. Then a gentleman followed me and said, I am sorry for your misfortune, I'll endeavour to assist you. We went and found the prisoner; she was standing at her own door in the court. The constable went up to her, and said, I have a warrant against you for a robbery at the Rummer. She owned she was there; then the prosecutor came up, and said, My dear, I know you well.

John Smith . I am the constable. When I took this woman in Exeter-Court, she said, I know I was in company with that gentleman very well; then the gentleman came up to her, and said, My dear, you have a pretty face, I know it very well, or such like words. She said, I know yours, and she mentioned what actions they had together. Said I, Did you rob the gentleman of so much money? She said, No, not of a farthing. I took her before Justice St. Laurence, there she owned she was in company with him, but denied having a farthing of his money. Then I took her to the Gatehouse; she owned the same there of her being in company, and her actions, but not to the taking his money.

Prisoner's defence.

I was coming from Westminster by Northumberland-house, a man laid hold of me and kissed me, and put his hand on my breast. There came another woman by in a brown camblet gown. He said, As I have kissed you, you shall go along with me. I begged him not to take me away. When we came into the tavern, he called for a bottle of wine; the woman in the camblet gown and he sat down together; she asked him for a present; he said, I'll give no present; I have been with two woman in Marygold-Court already. Then he rang the bell, and wanted another bottle of wine. He pulled out two shillings and some gold in his hand, and said, there is two shillings for the wine, I am to go to Haddock's bagnio; and away he went.

For the prisoner.

James Rudd . John Knight was at our house in Marygold-Court the 5th of July; he dined there on beans and bacon. I think, as soon as he dined he went out, and was there again in the evening, I believe, between 9 and 10 o'clock, and supped there.

Q. Was he sober?

Rudd. He was very much in liquor.

Q. Did you see any quantity of money he had?

Rudd. I remember his having a parcel of 36 s. pieces, some guineas, and some silver.

Q. What did he pull them out for?

Rudd. To send for beer. He dropped some in the plate and some on the floor, and picked it up again two or three times. I desired him to put his gold by itself, or he would lose it.

Q. What time did he go out of your house?

Rudd. He went out at near 10 o'clock, and Mr. Edwards along with him.

Q. Was his friend in liquor?

Rudd. He was likewise.

Q. What are they?

Rudd. They are both sea-faring men. I saw them both in the Strand in the evening; they were talking with three women at the end of Halfmoon-Street.

Q. What women?

Rudd. I believe they might be women of the town. They had proposed to go back to lie at my house, but they did not.

To her character.

James Becket . I have known the prisoner three years, she lives next door but one to me.

Q. Are you a housekeeper?

Becket. I am, and so is she.

Q. What is her general character?

Becket. I always took her for an honest woman. My wife was once ill, and if I had not taken the prisoner for an honest woman I would not have entrusted her, as I did, in the shop for a month. I was seldom at home, and I left the care wholly to her. We never missed any thing, no, not the least farthing.

Q. What do you sell?

Becket. I sell coffee and tea, and other things.

John Catley . I keep a publick-house at the top of Burleigh-Street. I have known the prisoner upwards of three years; she always paid me honestly for what she had of me; I never heard an ill character of her. I have trusted her in a room where plate was, and she has had liquor in a silver tankard; If her reckoning was miss-scored she would take care to rectify it, and has paid me more than I have had on the score.

Thomas Fortune . I am a bricklayer; I live in Burleigh-Street, and have known her three years or better. She always behaved very well, and very decently, and paid her rent well; nobody better: I never heard of her robbing any body.

Jos. Rogers. I keep a coal-shed in Burleigh-Street; I have known the prisoner five years, and never heard but she was reckoned a very honest woman. She has had a great deal of goods from me, and if I had mistaken, and not set them down, she always rectified it, and paid me very honestly.

Patrick M'Intire. I have known the prisoner about three years last February. I am a shoemaker; she has employed me, and paid me very honourably and honestly; I never heard any thing to her dishonestly before; she is a very good natured agreeable neighbour. My wife and she are very intimate. I live facing her window.

Q. Did you ever see any such indecency as has been here mentioned by her?

M'Intire. We never meddle with our neighbours. I believe she is as honest a woman as any in England.

Q. Should you like your wife should keep her company if she is guilty of such indecency as here mentioned?

M'Intire. Indeed I should not.

Mark Holbourne . I am a pawn-broker; my house and the prisoner's join; I have known her ever since she came there, which is three years. I look upon her to be a very honest woman.

Q. Did you ever hear of her picking pockets?

Holbourne. No, I never did.

Acquitted .

371. (L.) Elizabeth Longbottom , spinster , was indicted for stealing one gold chain, value 3 l. 10 s. the property of Israel Buckley , June 4 . +

Israel Buckley. The prisoner came to my house on the 4th of June, to buy a ring; I bid her sit her finger. She looked at one and another; at last she said I fancy this will do. I took it and began to weigh it. Then she said she wanted one of two guineas value. I looked upon her and bid her go about her business, and told her she wanted no such ring. She went out of my shop, I missed a ring, followed and stopped her. She dropped the ring in the kennel. Then I brought her back to my house, and put her into a room where nobody was but she and my girl. The ring was found in the kennel and brought in after she was gone. We missed a gold chain which had been in the room where we put her to search her. I took her in Aldersgate Street, very much fuddled, that same afternoon and carried her to Wood-street Counter; there she was searched, and had gold and silver about her.

Q. Did you find the chain upon her?

Buckley. No, we did not. Then I went to enquire at a pawnbroker's, one Mr. Harrison, and found one row of a gold chain, who said, he took it in of the prisoner. About a week after, the prisoner's mother gave me an account that the prisoner had sold some more of it at other places.

Q. How many chains were there of it?

Buckley. There were four; this I found at the pawnbroker's was the uppermost chain, that is the shortest.

Q. What is the value of that?

Buckley. It is worth 10 s.

Mary Buckley . I am niece to the prosecutor, the chain was mine.

Q. to the prosecutor. How came you to lay it in the indictment as your property?

Prosecutor. The young woman is my niece; I brought her up, and find her cloaths and every thing as though she was my own.

Mary Buckley . There was nobody in the room where I had laid the gold chain but the prisoner and I, which is the reason we suspected her taking it.

Q. Was you in the room all the time she was?

M. Buckley. No, I was not, I was once just out at the room door.

James Stiles . I am servant to Mr. Harrison, a pawnbroker in St. Bride's parish. On the 4th of June the prisoner brought this piece of the gold chain and pledged it at our house, producing it.

Q. to prosecutor. Look upon that chain, do you know it?

Prosecutor. I believe it is part of what I lost, but as one gold chain may be like another I will not swear to it.

The niece said the same.

Q. to Stiles. How much did you lend the prisoner upon it?

Stiles. I lent her 6 shillings.

Q. Are you sure it was the prisoner?

Stiles. I am sure she is the person.

Prisoner's Defence

Going down to Fleet-market I saw that piece of a link of a chain lying in a piece of paper; there were two women with roses in their hands, they said halves; I said I believe you may take all, it is nothing but a piece of brass. They said you shall go to a silversmith's and have it tried. I said, no, I would not, I might bring myself into trouble. They then said try it upon a flint stone. I went to the pawnbroker's and asked him if it was gold or not, and he tried it and weighed it. I asked four shillings upon it, and he lent me 6.

Stiles. She never asked me whether it was gold, she asked me to lend her 6 shillings upon it, which I did.

Guilty .

[Transportation. See summary.]

372. (M) Edward Demer was indicted for stealing 14 s. and 6 d. in money numbered , the money of Alexander Whitchurch and Co. May 27 .

|| Acquitted .

373. (M.) Mary Dunn , widow , was indicted for stealing one pair of linen sheets, val. 5 s. one linen table cloth, val. 4 s. one towel, val. 1 s. the goods of Richard Sicily , in a certain lodging room let by contract, &c. July 12 .

|| Guilty .

[Transportation. See summary.]

374. (M.) Mary Langthorne , spinster , was indicted for stealing one blanket, val. 2 s. two linen sheets, val. 8 s. one mahogony tea-board, one copper tea-kettle, and one brass candlestick, the goods of Thomas Villeneuf , in a certain lodging room , let by contract &c. June 7 .*

Guilty .

[Branding. See summary.]

375. (M.) Thomas Hodson was indicted, for that he, together with James Harding , not yet taken, on the king's high-way, on Thomas Saunders did make an assault, putting him in corporal fear and danger of his life, and stealing 9 d. 1\2 from his person , May 28 .*

Thomas Saunders, On the 28th of May last, about 10 at night, I was going on horseback from London to my home at Barkhamstead in Hertfordshire, there met me two men on horseback, one on my left hand side and the other in the road I was in; I asked them what they wanted; the man on my left hand said to the other, he seems to be an honest man, let him go along; upon that I turned out of the way and rode on, and did not think of any harm at all. I rode slowly on towards a place called Stanmore . I heard a hallowing and a riding fast behind me, as I was going up the hill to Stanmore; they rode past me, there were two of them.

In a few Days Part II. will be published.

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 17th, Thursday the 18th, Friday the 19th, Saturday the 20th, and Monday the 22nd of JULY.

In the 27th Year of His MAJESTY's Reign. PART II. of NUMBER VI. for the Year 1754. BEING THE Sixth 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. WERE they the same persons you had met before?

Saunders. I really can't say they were or not. I went on as before, when I came to the top of Stanmore there was a man stood dismounted with his horse in his hand. I rode about 100 or 150 yards past him, then there was a man on horseback in the highway, with his face towards me. I offered to turn out of the road, and he stopped me; I asked him what he meant, or what he wanted; he said he wanted my money.

Q. Did you see any thing in his hand?

Saunders. No, I did not. Then I told him I had not got any; then he said, d - n your blood I'll blow your brains out, if you don't give me that bag you have got. I told him I had but a few halfpence and a six-pence. Then he asked me for my watch, I told him I did not carry one. He felt on the wasteband of my breeches to see if I had one. Finding I had none, he demanded what money I had, so I gave it him, which was 9 d. 1/2.

Q. Look upon the prisoner, do you know him ?

Saunders. I do not, I can't say this is the person. Then he turned out of the road and came towards London, and I went on my way and wished him a good night. As he went to go by me I looked on his mare and saw something of a skin for a housing behind. I rode slowly on; after which I heard a horse follow me pretty swiftly again; I turned my head about and perceived him to be a horse without a rider. I judged it to be one of the highwaymen's horses. I rode as fast as I could towards Bushey, the mare came following me all the way, and when I stopped at Bushey, she came directly up to me; I laid hold of her bridle, which was upon her neck. I considered some time to know what I had best to do. I stood still, and hearing nobody coming, I went to the Red-lion inn, and called the man of the house, whose name is Cook, he came to the window, I told him I had been robbed, and that I had got the man's mare that robbed me, and desired he'd call the ostler immediately, for I looked upon myself to be in danger. The ostler came and let me in at the gate, and fastened it again. I delivered the mare to him, and desired him to take care of her. I staid there all night.

Q. Was there a saddle and housing behind upon that mare?

Saunders. There were, but no housing before. It was a hare housing, like that the man rode that robbed me. The next morning I told the man of the house about the mare, and thought it proper to have her cry'd at three market towns. I left her there with the bridle and saddle, and went home. I had not been at home above two or three days before I was sent for to go to Justice Capper's, and I told him all that I knew, the same as I have done here, as near as I can remember.

Cross Examination.

Q. When did this happen?

Saunders. On the 28th of May about half an hour after 11 o'clock.

Q. Was it not dark?

Saunders. No, it was not, it was pretty clearish.

Q. Could you see the person's face that robbed you?

Saunders. I could not, he did what he could to hide that from me.

Q. What do you call the housing?

Saunders. I think it is bear skin.

Q. Was it light enough to distinguish that?

Saunders. It was, I could see it very plain.

Q. You call it a mare, did you know it to be a mare when you was robbed?

Saunders. No, but I found it to be a mare afterwards.

Q. Can you take upon you to swear it was the same housing that the man had that robbed you?

Saunders. I can, it was the very same.

Jeffery Edwards. On the 28th of May the prisoner at the bar hired the mare of me to go out of town.

Q. Have you seen her since?

Edwards. I have at Justice Fieldings.

Q. Where did you deliver the mare to him?

Edwards. I sent her to him to his master's, Mr. Lebass, in the afternoon of that day, about 4 or 5 o'clock, he hired her for 3 days. She did not come home according to bargain. Then I went to the person that recommended this man to me. The prisoner had sent for me the afternoon of the day he came home, but I could not go to him, but went to him on the Saturday following, (the 28th of May was on a Tuesday.) The prisoner would not tell me where the mare was, but said she was very safe, and he'd pay me for her, which he accordingly did very honestly.

Q. What did he give you for her?

Edwards. He gave me 10 guineas for the mare, bridle and saddle.

Q. Describe the saddle, bridle and housing.

Edwards. The housing was a hare housing, it is a bear or Leopard's skin, a mixed mottled thing, the saddle was a common one.

Cross Examination.

Q. Have you known the prisoner any time?

Edwards. I have known him by sight.

Q. What business is he?

Edwards. He is a cooper by trade, he worked with Mr. Lebass, a brewer, at that time.

Q. What might he get a year by his business?

Edwards. I don't know that.

Q. Did he appear in his business at that time he paid you for the horse?

Edwards. He did.

Q. Did he continue in his business till he was taken up, which was on the 11th of June?

Edwards. I don't know that.

Q. Did he disappear?

Edwards. I don't know that he did.

Robert Hammond . I live at the Swan the upper end of Oxford road, the prisoner and Harding stopped at my house and had a quartern of brandy or rum. I don't know which.

Q. What day was it on?

Hammond. I don't justly know, I believe it was on a Tuesday.

Q. Was it the Tuesday before the robbery?

Hammond. I did not hear of the robbery till about a fortnight after; it answered to the time I believe, I imagine it was on that day, but I can't be certain.

Q. What time of the day was it?

Hammond. I believe it was about 12 o'clock at noon.

Q. Recollect whether it was the day before the 29th of May, there are a many oak boughs about then.

Hammond. I can't recollect oak boughs. Harding left a message with me for his master, Mr. Rocket, a stone-cutter.

Q. How long have you known Harding?

Hammond. I have known him these 2 years.

Q. Is he in his business now?

Hammond. No, Sir, not with Mr. Rocket.

Q. Is he in business any where else?

Hammond. I don't know that he is.

Q. Have you heard he is absent?

Hammond. I have.

Q. Did you take any notice of the saddles or any thing behind them?

Hammond. No, I did not.

Michael Timms . I keep the Red-lion at Kilbourne, Harding and another person came on horseback to my house about 7 o'clock in the evening on the 28th of May, and called for a pint of beer.

Q. Did you know the other person?

Timms. No, I did not.

Q. Look at the prisoner, is that the man?

Timms. I can't take upon me to say it is. They both alighted from their horses and went into the house, and there called for a quartern of gin; Harding desired I'd drink part of it, I told him I never drank any at all, then he said bring a quartern of rum, which I did. Then he said to my spouse, I suppose you don't know that man (meaning the person that was with him) we both said we did not; then he said it is my brother-in law, he married my sister, and said they were going down to Watford to see his mother, and asked if she could make a bed up for us against we came back, which would be about 11 o'clock, for that they did not purpose to lie at his mother's, and that then they should be fresh to go to work in the morning. I remember when he came up to my house he turned back to the person with him, and said, d - n it, this mare will never do, she is too fat and too heavy for the lay.

Q. What answer did the other person make to that?

Timms. He made no answer. In the mean time came Mr. Milking's two daughters from Edger riding by, and Harding went in a doors, and into the parlour, seemingly because he would not see them. They paid for what they had and went away.

Q. Did your wife make up a bed for them?

Timms. She did, but they did not come, I have not seen Harding since.

Q. What time did they go away?

Timms. They went away about half an hour past 7 o'clock, after, they had staid about half an hour.

Q. Did you observe their horses and saddles?

Timms. I took a great deal of notice of them.

Q. Had one of them a housing?

Timms. Yes.

Q. Which rode that horse?

Timms. The person that was with Harding did.

Q. Had Harding any Housing?

Timms. No, he had none, to the best of my knowledge.

Q. What sort of a housing was it?

Timms. It was skin with the hair on.

Q. Do you remember the dress the man (he called his brother-in-law) was in?

Timms. I do not.

Q. Are you sure that was the same mare that was stopped at the Red-lion?

Timms. I am positive it was the same, I have seen her several times since.

Cross Examination.

Counsel. You say you, remember that Harding said, that man that was with him was his brother-in-law?

Timms. I do.

Q. Did you ever see them in company together ?

Timms. I cannot take upon me to say I have.

Court. What is your belief as to the prisoner?

Timms. Dress alters people much; I can't take upon me to swear he is the man.

John Treacher . I keep the White Hart at Bushey; opposite to the Red Lion; Harding came to my house on the 29th of May, in the morning, between five and six o'clock, and told me he had had a damnable misfortune; he and a companion of his were coming down to see his mother; that they were both got drunk, and his companion's mare had thrown him in Stanmore pond, and was run away.

Cross examined.

Q. Do you know Harding's mother?

Treacher. I do, she keeps an inn at Watford; I was born and bred there, and have known him from a child.

Q. How many sisters has Harding?

Treacher. I can't say whether there is one or two.

Q. Are any of them married?

Treacher. I know one, she is unmarried; and I don't know whether there is another or not.

Prisoner's defence.

I know myself innocent, and have a great many witnesses to call, which I hope will prove it.

To his character.

William Doleman . I have known the prisoner five or six years.

Q. Is he a married man?

Dole. He is.

Q. Whose daughter is she?

Doleman. I don't know her maiden name.

Q. Has he been publick in his business since this robbery was committed?

Doleman. He has; he threw down a butt of beer for me since that.

Q. What is his general character?

Doleman. It was never stained as I know of; he bears the character of a very honest man; he maintains his family very well.

Mr. Herne. I am broad clerk to Mr. Lebass; the prisoner was cooper; I have known him about two years, during which time he has been under my direction.

Q. Can he get a good livelihood by his business?

Herne. He is paid 15 s. per week from the counting-house, and he has a shilling a butt for fining it, or 9 d. and a full pot of beer; it is as good as 28 or 30 s. per week.

Q. Has he a family ?

Herne. He has.

Q. Do you know what was his wife's maiden name ?

Herne. I don't know whose daughter she was.

Q. Did you look upon him to be honest before this affair?

Herne. I had a great reason to believe him so; he has seen me receive large sums of money, and I have desired him to attend me home; he never attempted to affront or misuse me.

Q. Was he in his business constantly after the 28th of May?

Herne. I can't take upon me to say so; I did not observe him.

Mr. Povey. I am a cooper by trade; the prisoner at the bar was servant to me three years. About five years ago he behaved like a very honest good servant; upon which I recommended him to Mr. Lebass, and he has been advanced by his master since he has been with him; he has made him his broad cooper.

Q. Is he a married man?

Povey. He is; I knew his wife from a child.

Q. What was her maiden name?

Povey. Her maiden name was Elizabeth Smith .

Q. Did he attend his master's business after the 28th of May?

Povey. He never absented from it at all till the time he was taken up. He was in my shop several times after that. Was he this minute clear, I think I could not have a better servant. I believe him to be a very honest man.

Patrick Halfpenny . I have known him seven or eight years; I am a baker; he lodged in my house three years some years ago; he married his wife in the time; her maiden name was Smith.

Q. What was his general character ?

Halfpenny. He has the character of a very honest hard-working man, one that takes good care of his family. There has been hardly a day these four or five years but I have seen him. I do really think that I have seen him every day in my life in that time.

Q. What days did you see him after the 28th of May ?

Halfpenny. I can't say as to the particular days; I drank with him about an hour before he was taken up; then he was in his business, putting down some beer in a cellar.

Thomas Pryer . I am a bricklayer; I have known the prisoner about nine or ten years; he has lodg'd with me about five years last past; his wife's maiden name was Smith; he behaved as well as any man could do in point of honesty, sobriety and industry. He lived with me down to the time he was taken up.

Q. What hours did he use to keep?

Pryer. I never knew any man keep better hours in my life.

Q. Was he publickly about your house after the 28th of June?

Pryer. He was. He stood three hours at my door since that with a gentlewoman that lodges in my house, whom he might have robbed of three hundred pounds worth of things, when he would, had he been so minded. He was about his business usually every day till taken up.

Court. Upon your oath, Where was he on the 28th of May at night?

Pryer. I cannot tell.

Court. Was he in your house that night?

Pryer. I can't say he was.

Court. Did he go out on horseback that night?

Pryer. I did not know that till afterwards.

John Lovel . I have known him about five years; he is a very industrious pains-taking man. I look upon him to be a very honest man; I have frequently seen him about his business, and heard him called up all hours of the night, 12, 1, 2, 3, and 4 o'clock.

John Bell . I live next house to Mr. Lebass. I have known him about two years; during that time he has bore a very fair honest character.

Henry Goadspeed . I have known him about three years and an half; I have seen him since the time of the robbery in his business; he has a very honest character.

Francis Broad . I have known him five years, I never knew any thing but that he was an industrious man.

Mr. Carr. I have known him about two years; he bears the general good character of an honest man. I live near the brewhouse, and have seen him since the 28th of May in his business. I was extremely surprized when I heard of this affair.

Mr. Field. I have known him 6 or 7 years.

Q. What is his general character?

Field. It is that of a very honest industrious man?

Samuel Lewis . I have known him about five years, I take him to be a very honest pains-taking sober man. I never heard any ill of him in my life. I have met him divers times in his business since the 28th of May.

Acquitted .

He was a second time indicted, for that he, on the King's highway, on Mary Wilcox , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person 4 s. 6 d. in money numbered , May 28 .*

Mary Wilcox. On the 28th of May I was going from London to my master's country-house, called Bentley-house, near Stanmore , in a post-chaise; about the six-mile-stone from London, a man on horse-back bid the boy stop; then he came up to the window and demanded my money; being alone in it, I gave him either 4 s. 6 d. or 5 s. 6 d. I do not know which; but I can't take upon me to swear the prisoner is the man; he has some resemblance.

Q. Did you take any notice of housings to his saddle?

Wilcox. No, I did not.

Q. What colour was his horse?

Wilcox. It was a black one.

Q. A horse or a mare?

Wilcox. That I can't say.

Q. Did you take any notice of the person's cloaths ?

Wilcox. He had a dark grey coat and plain hat.

Q. Was there any body in company with him?

Wilcox. There was a man behind the chaise at the time, a very little distance off, on horseback.

Q. Which way did the person come up to you?

Wilcox. He let me pass him, then he rode past me and stop'd us.

Q. Had the man a mask on?

Wilcox. No, he had not.

Q. Which way did he go after you had lost your money?

Wilcox. He rode towards London.

Q. John Barefoot . I rode postilion to the chaise. The man rode before me a good way; then he turned out of the way, and I passed him; then he came riding up, and turned upon us, and said, Stop, you Sir, look the other way, or I'll blow your brains out. Then he demanded my fellow servant's money.

Q. Look at the prisoner, do you know him?

Barefoot. I don't know the man.

Q. Did you take any notice of the horse he rode?

Barefoot. It was a black mare.

Q. Did you observe any thing particular besides the saddle ?

Barefoot. I did not see the saddle?

Q. Did yo u see any housing?

Barefoot. I did not.

Q. What were the colour of his cloaths?

Barefoot. He had a blue grey coat on.

Jeffery Edwards and Robert Hammoud deposed the same as in the other trial.

Acquitted .

376, 377, 378. (L.) Richard Webb , Thomas Jinks , and Richard Pain were indicted for stealing 21 pounds weight of rice, value 3 s. the property of John Nicholson , July 3 ||

Webb Guilty , Jinks and Pain Acquitted .

[Transportation. See summary.]

379. (M.) Edward Man , otherwise William Man , was indicted for stealing 4 geese, value 4 s. the property of Samuel Clark , May 31 + .

The prosecutor lives at Shepherd's Bush. The prisoner was stopp'd with 4 live goose in a suck by a watchman, and confined in Dover watch-house, near Hide-Park-Corner. The prosecutor missed his geese, and went and found them as mentioned, and depos'd to them as his property.

Guilty .

[Transportation. See summary.]

380, 381. (M.) John Collier and Joseph Hayley were indicted for stealing one copper saucepan, value 5 s. the property of Isaac Day , July 13 || .

The prosecutor keeps an ale-house at Brumpton ; the 2 prisoners had been there, and had a pint of beer, after they were gone the saucepan was missing; they were pursued and taken with it in a bag, near Pimlico.

Both Guilty .

[Transportation. See summary.]

382. (M.) Elizabeth wife of Thomas Baker was indicted for stealing 14 s. 6 d. in money numbered , the money of Jane Sopher , widow , July 16 .

Acquitted .

383. (M.) Joseph Mills was indicted for the willful murder of Samuel Room . He likewise stood charged on the coroner's inquest for the said murder, April 22 + .

Ann Lawlass . On a Monday night about 9 o'clock, I can't tell the day of the month, I was in my own room up 2 pair of stairs, at the house of Mr. Coombs in the Little Minories ; I had been down, going up again I heard some body come behind me, I turned round and saw it was the deceased; he asked me if Mr. Mills was at home (Mr. Mills lodged in that house up one pair of stairs ) I said I believed he was; he knocked at his door, Mrs Mills opened it; he asked if her husband was at home, she said yes. I went up to my room, and presently I heard murder cried.

Q How long after?

A. Lawless. I don't think it was much above a quarter of an hour after I came down and called to Mrs. Mills at her door, and asked what was the matter; she gave me no answer; soon after that she came to the back chamber door ( there are 2 rooms on a floor, they can go out of one into the other, and each have a door to come out at to go down stairs) I saw the top of her thumb was bloody. I asked what was the matter with her, she said she did not know what was the matter with herself, but her husband had stabb'd a man; then I went down stairs to call for help, and as I came up again I met Mr. Room coming out at the back chamber door; he looked at me and said Mills had stabb'd him; I asked him if he could come down stairs, but what answer he made I cannot tell. I went down before him, and he came after me as well as he could. When he got into the street he desired the people to fetch a surgeon, and said Mills had stabbed him; I saw on his right side, to the best of my remembrance, his bowels were working out.

Q. Were his clothes unbuttoned?

A. Lawless. I did not discern that they were.

Q. How much of his bowels did you see?

A. Lawless. About the bigness of a large walnut thro' clothes and all; then I went to tell Mr. Coombs, and saw no more of it.

Prisoner. Did you see (when the door was open) the deceased upon me?

A. Lawless. I did; this was after the murder was cry'd; he lay a-cross the prisoner.

Q. Whose voice was it that cried murder?

A. Lawless. It was Mills's wife's as near as I can tell.

Cross Examined.

Q. How long have you known Mr. Room?

A. Lawless. I have a long time, and Mr. Mills too.

Q. Have you seen them together at Mills's before?

A. Lawless. I have in that room as I pass'd and repass'd.

Q. Were they quiet till you heard murder cried ?

A. Lawless. I heard no noise to take notice of, till I heard murder cry'd.

William Jennings . I live up in an apartment in the same house, I heard a cry of murder, and went down betwixt 9 and 10 at night to see what was the matter; Mills's wife begg'd of me to go into the room. When I went in I saw the deceased holding Mills down by his two hands; he desired me to take hold of the prisoner, which I did, and held him some time; as no assistance came I took him up and sat him in a chair, he seemed to be very obstreperous and not willing to sit down; after I had got him in the chair, he called for his wife, she came to him, and said, do you know, my dear, what you have done? He said, what have I done ? She said, my dear. I am afraid you have stabb'd the man; he said, if I have I have not given him enough, then there came assistance in, so I quitted the room, and did not see the prisoner till now at the bar, nor did I see the deceased till he lay dead on the bed.

Cross Examined.

Q. Did you take the prisoner to be in his senses ?

Jennings. I thought he was in liquor when I took him up, but he seemed very sober when he spoke.

Q. How came you to think he was in liquor ?

Jennings. Because when I first went to take hold on him, he did not seem to be resolute at all, and afterwards he was.

Q. Did you know any thing of their being intimate?

Jennings. I never was acquainted with either of them, I live above the other evidence.

John Terry . On the 22d of April about 7 at night, the deceased and prisoner came to my house the Rose and Crown at Aldgate, they call'd for a tankard of beer. The prisoner said to the deceased. I'm going a little farther, sit down I'll come again presently. About 9 or a little before, I went up stairs, and the deceased came up to me and said, Mr. Mills does not come, I will have something to drink; we drank a pint of rum and water together, after that he said hang him he does not come, I can't think where he is got, I suppose he is got drunk some where, and went away about a quarter after nine o'clock, and about a quarter before 10 two men came in and asked for Mr. Mills; I said, what is the matter? they said they believed he had murdered a man, and that they had been drinking at your house tonight; then I went there and found the deceased sitting in a chair, holding his head on one side, and his 2 hands to his side. I laid hold on his shoulder, and said, for God's sake what is the matter? Who has done this? Mills, Mills, Mills, I can't say how many times he repeated it; then I left him, and came the next morning again, and found him laying on his head; I said, for God's sake tell me how this happened; he said, I will if I can; he took me by the hand and said, you know when I parted with you I went directly to see if Mr. Mills had got safe home. I knocked at the door, the wife came to the door, and directly said I don't thank you for keeping my husband out, and putting bad words into his head, whereby I am us'd ill. He said I have not seen your husband since he left me at Mr. Terry's at 7 o'clock: then Mills came and said, God d - n you, I believe you have been great with my wife; he answered no, no, if you was sober you would not say so. Then Mills locked the door, and put the key in his pocket, and said, I'll have a dram, the deceased said I don't care if I have one too. As soon as Mills had got the bottle he took it and flung it at his wife's head, but how he came by it he did not know: then words arose for two or three minutes, concerning being great with his wife (I asked him was there everany thing in it? he said no, it never was in his thoughts) after that he said to Mr. Mills, let me go home, I want to go home; no, said the other, you shall go home when I please; then he observed the pocket he put the key into; he got up to take the key out of the prisoner's pocket to let himself out, in so doing Mills put his hand into his side pocket, and took out a knife, and stabb'd him directly, and left it in his body.

Q. Did he give any account of some struggling in endeavouring to get the key out of his pocket, or whether there were any blows between them?

Terry. He said there was not one blow.

Court. I put you in mind of this, because there was some account given of a struggling on the coroner's inquisition.

Terry. I gave the same account then I do now, he said there was no blow struck nor any scuffle.

Cross Examined.

Q. How did they seem to come to your house, as friends or not?

Terry. They seemed to come as friends, as two brothers.

Q. How long have you known them?

Terry. I have known the prisoner about two years, and the deceased about a twelve-month, during which time they us'd to come very lovingly; they have breakfasted, din'd and supp'd together at my house; the deceased was a paviour, the other a turncock to the bridge water works, their business lay together. When the prisoner is sober he is as civil a man as ever was born, but liquor alters people to be sure.

Thomas Watkeis . I was at my lodgings in a publick-house, the Sieve in the little Minories, on the 22d of April, my shop-mates and I were drinking a tankard of beer together; Mr. Room came into the house much about 10 o'clock all over blood, and there were a great many people about him; he sat down in a chair, and had his hand upon his bowels, I saw them out much about as big as a pint pot. I said, what is the matter with you? Said he, Mills the turn-cock man has stabb'd me, and said it is a very hard thing, though we have been particular friends, that he should not suffer the law, and wish'd some body would go and take him. I went up stairs and saw Mr. Jennings standing in the room, I said is your name Mills, he said no. Mills was sitting in a chair with his hat and wig off, I asked him if his name was Mills, he said, yes; I said, did you stab Mr. Room? he said, yes; why did you? said I; for a very good reason, said he. Then I took hold on his throat and said for that same reason you shall stab no-body more, and led him along, and in the other room threw him on his back and secured him. Then my shop-mates came with a candle up stairs; then Mills called for his wife, and said, Salley, my dear, will you not come and kiss me? She came to him and said, yes; she kneeled down to kiss him, and I observed her all over blood; I said, good woman, what is the matter with you? He said, ah, Salley, you see what is come on it, and I told you I'd do it. I said to her, pray what is the matter with you? she said, her husband had us'd her very ill, and she was afraid Mr. Room had lost his life by taking her part.

Q. Was this in the hearing of Mills?

Watkeis. It was; he then was down on his back. I saw some places thro' her petticoats bloody, as much on the top of a tankard; said she, my husband has stabbed me in 2 places upon my thigh, and fell a crying, and said, she did not know what to do. Then there came in the headborough of the parish, and insisted upon searching him; they pulled a sheath out of the side pocket of his breeches; she said, I have put by the knife he stabbed Mr. Room with; I said to her, you had better deliver it to me; she said she did not choose that; I said, if she concealed it, it would be worse for her; then she delivered it; it was all over bloody (Produced in court with a bloody rust upon it) then I pinion'd his arms with a bit of a rope, and brought him down stairs and into Mr. Brooks's at the Sieve; from thence he was taken to the Tower goal, going along he said, where are you going to take me? I said, you are going to goal. What have I done? said he; I told him he had stabb'd his friend; he said, well, what if I have. I said, are you sorry? he said, no. I said could you drink a drop of his blood if you had it? he said yes, he could. We took him to goal, there he seemed to be a little uneasy, we brought him a pillow to lay his head upon. The next morning, about 11 o'clock, we went with him before Sir Samuel Gore , there the knife was produced; the justice asked him if he knew it, he said, yes: he asked him how he came to stab the man with it, he said they had a struggle together, and he, that is, Mr. Room, had kicked down a pail of water, and it might happened to him as well as the other; he had stabbed the man and was sorry for it. Going home, a person that is here said to me, Sir Samuel says it would be proper to go to the wounded person and hear what he says, and take it down in writing. Accordingly Thomas Mears, a barber, Joseph Elliot , John Everit and I went. He produces a writing; this is as near as we could take it. We took notice of the words, and put them down in writing; and when we were not certain we read it to him, and asked him again, and he to each answered, yes.

Q. Was the paper read over to him after it was wrote?

Watkeis. I can't say it was, but we read it by parts as we wrote it.

Q. Give an account the best you can of what he declared.

Watkeis. It was on the 23d day; he declared Mr. Mills and he had been drinking in company together the best part of the evening, and Mills parted with him at Aldgate. He being in liquor the deceased went after him home, and found him with his wife in his own room. When he entered the room Mills locked the door upon him, and put the key in his pocket, and said, I'll do for you both, and d - n you, you have insinuated something into my wife's head these three months, and then threw a bottle of water at his wife's head. The deceased strove to get out but could not, then he came and ran his knife into his belly, and the deceased pulled it out with his own hand, and with the assistance of Mills's wife, he being drunk, they got him down; then his wife opened the back door into another room, and let the deceased out.

Q. Did he say any thing more?

Watkeis. I don't remember he did. This is the contents of the paper. I don't remember any thing particular that we omitted taking down; here is not a word but what he spoke or to the same purpose.

Thomas Mears and Joseph Elliot confirmed his testimony, as to the account taken in writing from the deceased's mouth.

Bartholomew Edwards . I was going home between the hours of nine and ten at night, I heard somebody say, for God's sake send for a surgeon. I saw a man with his right hand to his belly; I said, what is the matter? he siad Mills the turncock has stabbed me with a long knife. After that I went to Mills's room, there I saw him on his back, and saw a sheath of a knife taken out of his pocket; the knife was bent and bloody, his wife had put it by.

Mr. Within and Mr. Williams, two surgeons that attended him, deposed the wound was the occasion of his death.

Prisoner's Defence.

The deceased and I were always as intimate as two brothers, and so continued to the very last. There was a struggling between us, (my wife not consenting to our drinking-together ) and a bottle fell down out of my hand, and we fell both together, how the wound came I don't know. I was eating a bit of bread and cheese, and had a knife in my hand, but did not know he was wounded till after the people came up into the room.

He called Thomas Dodd , John Oakley , John Gyles , John Ferguson , Robert Cornish , Samuel Sturges , Samuel Terry , William Littlehailes , and John Coleman , who all confirmed that of the deceased and prisoner respecting each other as brothers, and that the prisoner bore the character of a peaceable honest man.

Guilty Death . This being the Friday he received sentence to be executed on the Monday following.

383. Edward Folks was indicted for stealing one pair of stockings, and 37 yards of linen cloth , the goods of William Clare , to which he pleaded guilty .

[Transportation. See summary.]

384. (M.) John Watson was indicted for stealing one silk handkerchief, val. 10 d. the property of James Mawhood , June 11 .*

The prosecutor was walking down the Strand , he saw his handkerchief taken from his pocket, he suspected the prisoner by seeing him walk from him with his hands before him; he followed him and saw him drop his handkerchief to the ground behind some windowshutters; he collared him; took up the handkerchief, and had the prisoner before justice Cox, who committed him.

Guilty .

[Transportation. See summary.]

385. (M.) Elizabeth Smith , spinster , was indicted for stealing one cloth cloak, val. 4 s. one beaver hat, val. 1 s . the goods of Sarah Philips , spinster , May, 18 .

++ Guilty .

[Transportation. See summary.]

386. (M.) Frances, wife of John Harland , was indicted for stealing 24 yards of riband, val. 4 s. 6 d. the property of William Veale , June 25 .

++ Guilty .

[Transportation. See summary.]

387. (M.) William Gullick was indicted for stealing one iron grate with an iron bar to the same, val. 2 s. the property of John Mountey , July 1 .*

Guilty .

[Transportation. See summary.]

388. (M.) John Peirce was indicted for stealing one silk handkerchief, val. 12 d. the property of Daniel Smith , and one cloth coat, val. 6 s. the property of John Linnegar , June 16 .

|| Acq .

389. (M.) Mary Smith , spinster , was indicted, for that she, in a certain empty house, near the king's highway, on Ann Gouge , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one linen frock, val. 6 d. one pair of stays, val. 12 d. one stuff skirt, val. 4 d. one linen shift, val. 6 d. one pair of shoes, val. 2 d. one pair of metal buttons, val. 1 d. the goods of the said Ann Gouge , June 28 .*

Elizabeth Severn. On the 28th of June last, about 3 o'clock in the afternoon, I saw the prisoner with a child in her arms go into an empty house in Bell-alley, King-street, Westminster , where I live, she staid a great while there, and when she came out she had a bundle in her apron, and had left the child behind her. I asked her what she had in her apron, she said it was nothing to me. I then asked her where the child was which she carried into the empty house, and she said she carried never a one in; I said I'd take my oath I saw her carry one in in her hand. She still denied it. My sister came to my assistance: she drove her back to the empty house, while I went to get farther help. When we came before the justice, he asked her whether she intended to go to the child again, she said, no, she did not.

Ann Knapp . On the 28th of June, about three in the afternoon, I saw the prisoner go down with a child into this empty house, there are nine of them all on a row. I could not imagine what she did there so long.

Q. Had she any thing with her besides the child when you saw her ?

Knapp. She had nothing but the child.

Q. How long might she stay there ?

Knapp. I believe she might stay about 3 quarters of an hour. When she came out she had no child, my sister, the other witness, being a little nimbler than I, ran down stairs to stop her. I seeing she was like to be too much for her, went down and took her back to the house where we had seen her carry the child in; still she insisted upon it she carried none in. I took the clothes out of her apron. At last she said, if you will do nothing to me I will bring you the child, this was after I had said she should fetch it; then I kept at the door while she went up stairs. She brought the child down naked, excepting a flannel petticoat, which the child said she had put round her neck, and shut her in a closet. We got a proper officer and had her before justice Lediard; he asked her if she had any design of going back to the child, she said no. The clothes as laid in the indictment produced in court.

Q. Did you know whose child it was?

Knapp. I did not at that time. We proposed to the prisoner, if she would tell us where she took the child from we would let her go, upon that she told us.

Jane Gouge . I am mother to the child, holding it in her arms.

Q. What is its name?

Gouge. Its name is Ann Gouge , I lost this child between 12 and 1 on the 28th of June, and was sent for before the justice, there I saw it again, and the prisoner.

Q. Did you know the prisoner before?

Gouge. No, she is a perfect stranger to me.

Q. How old is the child?

Gouge. It is turned of 3 years old.

Q. to Ann Knapp . When the child was brought naked to you by the prisoner, how did it behave ?

A. Knapp. It cried.

Q. to J. Gouge. Was the child dressed when you saw it before the justice?

J. Gold. It was.

Q. Look on this bundle of clothes.

J. Gouge. These are the clothes I put on the child that very morning with my own hands.

The prisoner said nothing in her defence.

Guilty Death .

390. (L.) George Branock was indicted, for that he, together with William Hampshire , not yet taken, did steal 200 pounds weight of tobacco, val. 6 l. the property of Anthony Bacon , in the warehouse of Richard Latwood and Co. May 25 .

|| Acq .

391. (L.) Robert Finch was indicted for the wilful murder of Eliz. his wife , May 23 . He stood likewise charged on the coroner's inquest for the said murder. *

John Bates. On Thursday the 23d of May, about a quarter after 7 in the evening, I was going to light the lamp at the cistern in Ludgate , I am scavenger of the house. I met a man, a stranger that came in to see a brother prisoner, who told me there was a woman fell down stairs, and he believed she was fuddled. Then I went with a lighted-piece of paper, which I had in my hand, to see who it was. Then I saw one Jourdan on the stairs; I desired him to fetch me a large candle, he said he could not. I asked what was the matter, he could not tell, and repeated the words several times. While I then stood by the woman she lifted up her head on one side as she lay at my foot. I jumped over the body and went into the ward for a candle, there I saw the prisoner standing at the upper end of the ward; I went to him and said, Finch, what have you done? done, said he, I know I have done it, and came up to me and gave me two letters; I said don't give me your letters, come down along with me. I went down into the cellar to light my candle, he went with me. I left him in the laundry. When I was below I saw Mr. Taylor, sitting in the bar in a fright. I stood to see what was the matter with him, he told me Finch had killed his wife, so I staid below while the gentlewoman, Mrs. Inskip, that keeps the tap, went up stairs to see if it was so or not. She came down and said he had almost cut her head off; then I went up, and when I came into the lummery I was ordered by the steward of the house to search Mr. Finch, who was there at that time; he immediately put his hand into his waistcoat pocket and said, here is the razor, and gave it me, it had blood on it. Produced in court with blood dried on it. Then I took off his neckcloth, garters, and buckles, and was ordered to carry him into the strong room by the steward and constable of the day. Then I said to him, Mr. Finch, do you chuse to see your wife as you pass by, or shall I put a handkerchief over your eyes? He chose the latter. Then I led him to the strong room, there I searched him again and took a penknife out of his pocket my reason for searching him was left he should make away with himself.

Q. Did you think he might do so from any disorder of mind, or lunacy ?

Bates. No, none at all, but as he had done a desperate action, I knew not but he might do so to himself. I tied his arms behind him with a cord, and locked him into the room till we could get a pair of hand-cuffs, which were sent for from Newgate. When they were brought, we went to him; at opening the door he sat on the bench with his hands behind him as I left him. I asked him what he had been doing twice, but he gave me no answer. I laid hold of his arm, and said, Why you have broke the rope. He gave me no answer. I went and put the handcuffs on. When he came to himself, we began to ask him how he could be guilty of such a rash action; he said, nobody could tell the provocation he had to do it. When I have sat up with him in the night, he would frequently say, he would do it was it to do again, sooner than any man should enjoy his wife. He told me the time we left him he had tied himself up twice, and his neck appeared red, and shewed the mark of the rope.

On his cross-examination he said he never look'd upon the prisoner to be disordered in his mind, there were no signs of lunacy all the time he knew him; that he appeared as a man in his senses; and that he was very well respected by the whole house.

Henry Cleaver Taylor. On the 23d of May, about 7 in the evening, I was coming up out of the cellar; the stairs front those where the murder was committed, I saw the deceased fall down within five or six stairs of the bottom. I turned round and ran to the bar, and told Mrs. Inskip that I was frighted out of my wits, and desired her to give me a little water, for I thought I should faint. When I came a little to myself, she asked me what had frighted me. I told her I believed Mr. Finch had thrown his wife down stairs, because as she fell she made no motion at all to save herself, but went with a dead weight with her head against the cistern at the bottom of the staircase. I sat in the bar while she went up. She returned in a very short space of time, and said he had cut her head almost off. Then I went up, and two or three persons having set her up on her breech, I saw her head was cut in a manner almost off. I went to the farther end of the lummery, there I saw the prisoner, Mr. Bates, and the Steward, they were searching him. Bates had the razor in his hand. I said to Mr. Finch, How could you be guilty of such a rash action ? He said, the provocations were so great, that was it to do again he would do it; for he was a dead man he was sure.

The prisoner said nothing in his defence, but called John Branham , Edward Cartey , Thomas White , Robert Whittle , and John Mumford , who had each known him nine years, and had failed with him, some on board the Vigilant and Mermaid, they deposed he went by the name of mad Finch or crazy Finch, and was looked upon as a lunatick or frensical man on board, and John Crouch and John Rogers , who had been prisoners with him in Ludgate, deposed they took him to be disordered in his senses at times.

Henry Cleaver Taylor, being asked again as to the prisoner's behaviour, answered, The whole house, which were left behind, were surprized to think any of these people were coming on such an affair; that they did not apprehend him to be disordered in his mind through the whole house, but took him to be as much in his senses as any body in the house.

Bates to the same question said, He never took the prisoner to be disordered or lunatick the time he had been with them, which was about three months.

Walter Fisher deposed he behaved as well as any gentleman could in Ludgate; but sometimes when his wife had stay'd a little away he seemed to be cast down.

Alexander Bartley , deposed he had known the prisoner four or five years, and was very often in company with him; that he always behaved as a good companion, except when fuddled.

John Carpenter deposed he had known him about three months; that he never saw him out of his senses, or any thing like it.

Guilty . Death . This being Friday, he received sentence immediately, to be executed on the Monday following.

392. (M.) Mary Stiles was indicted for stealing one pair of stays, and one stuff gown, the property of Eliz Rosanna , widow , one quilted petticoat, a linen apron, a pair of stockings, the property of Richard Smith ; and a pair of shoes and buckles , the property of David Morgan , July the 9th . ++.

Elizabeth Rosanna . Last Tuesday was a week I took the prisoner with my goods on her back. There was 16 of us at one Farmer's house at work in Ealing parish; the prisoner pretended she was sick; we left her a bed; when I got up I left my things lying on the bed on my child. When I challenged her with stealing them, she owned they were mine, and offered to give them to me; but the constable told her if she went to jail she had no need to strip.

Court. Is that constable here?

Rosanna. He told me he would be here, but is not come.

Court. We should be glad to see him here, he has acted very base.

Mary Smith . I am wife to Richard Smith ; I lay in the same barn; she took my things, a petticoat and a coloured apron; the apron was seen upon her by the first witness. The first witness said she saw them on her, and that they belonged to Mary Smith .

Ann Morgan . I was robbed of a pair of shoes; I think she has got them, but I never saw them.

Q. Did you ever charge her with taking the things?

Morgan. I never saw her till now.

Prisoner's defence.

I never had a blemish in my character in my life. I am innocent.

Guilty 10 d.

[Whipping. See summary.]

393. (L.) Bernard Smith was indicted for the wilful murder of William Povey . He stood likewise charged on the coroner's inquest for the said murder, June 16 . ||

John Barret . On Sunday the 16th of June, about six in the evening, I was with a neighbour of mine at his door, I heard a noise at the end of the lane; presently they got into Salisbury-Court ; there I saw two men fighting. I went; the prisoner and the deceased were both near me. The prisoner said, D - n the scoundrels, we will lick them all round. The deceased would have nothing to say to him, but turned about and crossed the way towards the Swan. The prisoner pulled off his coat and waistcoat, and followed the deceased and gave him two or three knocks in the face. The deceased fell down, and to appearance lay for dead. I said to the prisoner, You are a scoundrel for using the man so ill that did not offend you. Then the prisoner ran away, and was taken near the steps in Bridewell-Lane, and brought to the Swan; the deceased was carried to Mr. Freak's, a surgeon in Salisbury-Court; there he came to himself a little, but was carried there by his arms and legs as a dead man. The gentleman pulled out a tooth or stump that the deceased complained of as either broke or loose.

William Wootton . I was at my door in Shoe-Lane on a Sunday evening, about six o'clock, I saw a crowd of people, and went to them into Salisbury-Court. There were two men fighting: I heard the prisoner at the bar say, D - n the scoundrels, we will lick them all round; then he ran to the deceased, and struck him two blows. He fell to the ground; he received a cut in his forehead; it bled very much; he lay as if he was dead; he was carried to Mr. Freak the surgeon; there his wound was dressed. I saw him led home between two to Mr. Took's in Fleet-Street; on the Monday morning he appeared before the sitting alderman at Guild-hall; I was present; the alderman committed the prisoner to the Compter for want of bail.

Q. Had the prisoner any thing in his hand when he struck the deceased?

Wootton. I can't say I remember he had, or the deceased either. I believe the prisoner was in liquor.

Mary Wilson . The first I saw of it was, the deceased was coming through the crowd, seemingly towards the White Swan, as the other two were fighting, and when he was pretty near the kennel the prisoner at the bar gave him a blow on the left side of his face with his right hand: The second blow brought him to the ground; he was taken up for dead, and carried to a surgeon in Salisbury-Court; then the fighting broke up.

Thomas Cawley . The quarrel began with me; I was one of the two men that was fighting; it at first began with the prisoner splashing and jostling against me. I took my hand and just touched my face afterwards. This was in Shoe-Lane. He began to curse and swear. There were about half a dozen of the prisoner's company. Then the others of his company d - d their eyes, and swore they would fight. One d - d my chuckle head, as he was pleased to call it, and swore he would sight me. I never saw him before. I said, Gentlemen, I don't want to fight; I have no concern at all with you. Words ensuing, they followed us over Fleet-Street. We were four of us in our company, but two of them went away when the quarrel began, and left only the deceased and I. One of the other company came into Salisbury-Court, and gave me several blows. I held an oak-stick behind me, and defended myself with my hand as well as I could. Two gentlemen came by, and said, Countryman fight away, you shall have fair play. I dropt my stick and fell to fighting. I was soon knocked down in the kennel. I never saw a blow struck between the deceased and the prisoner. When I got up they told me my partner was killed.

Thomas Hanton . I dined at the sign of the Two Kings and Key in Fleet-Street on that Sunday. Coming home at night there arose a fraction. The deceased was very much in liquor; I was behind them; Thomas Cawley was fighting; I took hold of the deceased's arm, and said, Let's have no fractions. He went into Salisbury Court; the prisoner followed him and knocked him down in my fight with his fist. Then we took him to the surgeon's, and from thence to his house, and put him to bed.

Charles White . I live with Mr. Freak, and dressed the deceased's wound that night. To the best of my remembrance, it was on the left side of his forehead. He was very bloody. He had two teeth knocked out, one I took out that night, the other was very loose, which came out the next day; he was very much in liquor; the flesh was divided to the skull, about an inch and an half in length. I found no fracture or ill symptoms, and thought it had a very good appearance. I came away, and the next day I went again; the wound looked well then. I continued dressing him for about eight or ten days; after that I heard he carried a load on his head. I had word came he was extreamly ill. I went and found he had a fever upon him; I dressed the wound, and bled him. After that he was willing to get into the hospital, he not having wherewithal to maintain himself. He was taken in the next morning, and died there.

Q. What do you think was the occasion of his death?

White. I do believe he died of that accident.

Q. When did you find bad symptoms first appear?

White. Not till after eight or nine days.

Q. Was this wound occasioned by the fall or a blow?

White. I imagined it to be done by an obtuse stone in the street.

Prisoner's defence.

Three of us were walking together, and three others behind and a quarrel arose by those behind, but I know nothing of the beginning of it. This man came over and d - d me, and asked what I called after him for. He, the deceased struck, at my head with a stick, and after that with his fist. I got out of the way of the stick, and asked him what he struck me for. He said I called after him; then he struck me on the breast. One of my companions was standing by me.

For the Prisoner

James Collingbourn . I was coming down Fleet-street, accidentally when this happened, and saw the deceased cross the way from Salisbury Court to Shoe-Lane, and strike at the prisoner with a stick and knock his hat off. The prisoner said, Pray, Sir, what do you mean by striking me? Said the deceased you scoundrel, you called after me. Then the prisoner said, No, Sir, I did not, for I was calling to the rest of my friends that were with me. I saw no more blows after that. They went over into Salisbury-Court, but I did not follow them.

Q. Did you know the deceased or the prisoner?

Collingham. I know the prisoner, but did not know the deceased.

John Trippet . I saw the deceased cross the way to Shoe-Lane, and strike the prisoner over the head with a stick: the prisoner was very quiet before. The prisoner called to some boys that were behind him as he was in the middle of the way. I went down a turning and did not see any more of it.

To his character.

Michael Bowvell . I have known him four years and a half, and have lived with him that time; he has all that time deserved the character of a quiet, sober, inoffensive lad.

Mr. Jervis. I have known him 6 years; he is a very honest, industrious, sober, quiet lad.

Mr. Thorp. I live within 5 doors of the prisoner; I have known him about 6 years, and always heard he was a very sober, modest, industrious lad; I never heard he was given to quarrelling before.

William Loveless . I have known him 6 years and a half; he is apprentice to my brother; his general character is that of a quiet, honest, sober lad.

William Haselford . I have known him about 6 years; I never heard any harm of him in my life; he was always a sober lad; he is a bird-cage maker by trade.

Guilty of Manslaughter .

[Branding. See summary.]

394. (M.) John Foresight was indicted for stealing 10 razors, value 10 s. one hone, value 5 s. one pair of gloves, value 6 d. one pair of silver studs, the goods of William Congreve ; one perriwig, the property of John Buckingham the elder , value 15 s. one perriwig, the property of John Buckingham the younger, value 15 s. one perriwig, the property of Richard Freelove , value 10 s. and 10 perriwigs, the goods of divers persons unknown, in the dwelling house of William Congreve . July 16 ++

William Congreve is a barber at Hendon , the prisoner was his journeyman ; he took an opportunity to bundle up the thing mentioned in the indictment, with which he made off early in the morning of the 16th of July, and was pursued and taken with them all upon him, and carried before justice Harrington and committed.

Guilty 39 s.

[Transportation. See summary.]

395. (M.) James Knapp and Edward State , were indicted for stealing 3 blankets, value 10 s. 2 linnen pillow-cases, I bed quilt, 2 pillows, 2 linnen sheets, and I bolster, the goods of Jane Allen , widow , in a certain lodging room let by contract, June 22 ++ .

Edward State pleaded guilty . Knapp found so by the Jury .

[Transportation. See summary.]

396. (M.) Thomas Hobbs was indicted for stealing 25 shillings , the money of William Hutton , June 15 .*

William Hutton . I am Ostler at the Green-Man at Barnet ; the prisoner used to help in the stables, and ride post: I missed 35 s. out of my room where I lie, out of my breeches pocket, when I went to put them on, on the 15th of June. I taxed the prisoner with it, and he owned it, and about 17 or 18 shillings were found upon him, which he said was part of my money.

Richard Doubleday . I was by when the prisoner owned he took this money, the property of the prosecutor, and said he was very sorry for it.

Prisoner's defence.

I was fuddled, and don't know what I did.

Guilty .

[Transportation. See summary.]

397. Thomas Buckland , otherwise Buckley, otherwise Humphrey Buckley , was indicted for stealing one Portugal piece of gold, I half guinea, and 2 shillings in money, numbered , the money of Isaac Swan , June 2 ++ .

Guilty .

[Transportation. See summary.]

398. (M.) Sarah Merchant , otherwise Sarah wife of Jebus Merchant , otherwise Sarah Saunders , was indicted for stealing 2 Holland sheets, value 40 s. one linnen sheet, value 5 s. one bed quilt, value 5 s. 1 brass sender, value 2 s. 1 silver table spoon, value 10 s. 2 silver tea spoons, value 3 s. 1 China tea-pot, with a silver spout, value 10 s. 1 China bason, value 3 s. the goods of John Price , in a certain lodging room let by contract, &c. July 5 .

Guilty. [Sentence respited. See summary.]

399. M.) James Watkins was indicted for that he on 15th of September did feloniously forge, make and counterfeit, or se and procure to be ly forg'd and counterfeited an acquittance, and blishing the same, well knowing it to be forge with intent to defraud William Hallet , 1752 + .

William Hallet . The prisoner was servant to me almost ar in the capacity of a bailiss, to take care of son and that I keep in my own hands; during when he often bought and sold sheep, and other things that I had occasion to stock my land with, and I found in the latter part of his time he had been guilty of a great many bad things, such as selling my sheep; and he was deficient in the quantity of oats he had in his possession, according to the account he had told me he had bought with my money. As soon as he found I had discovered this, he absented my service. Upon which I looked upon several receipts that I had, and sent them to the several persons whose names were to them, to see if they were true ones, and found several of them were forged ones, and this is one that is forg'd (holding one in his hand) it is a receipt which he passed as right, and put on it a forged mark, signifying it to be the mark of a person, which was false, for the sum of 6 l.

Q. Was this given to you as a voucher for so much money laid out for your use?

Hallett. It was for money laid out by him for my use. I used to have accounts from him from one Saturday to the other. Watford market is on a Tuesday, he went there, and on the Saturday after he gave me this as a voucher for having laid out so much money

Q. When was it he gave you this?

Hallett. It was on the 15th of September.

Thomas Whetherill . I have sold oats to the prisoner for the prosecutor; I sold him some the time the receipt mentions, for ready money.

Q. Have you any demand upon Mr. Hallett upon the account of oats?

Wetherill. I have not.

Q. Had you any demand on him at the time this receipt mentions, which was the 11th of September last?

Wetherill. No, Sir.

Q. Where do you live?

Wetherill. I live at Watford.

Q. to Mr. Hallett. How much money was it produced to you as a voucher for?

Hallett. It was produc'd to me as a voucher for 6 l.

Q. Did you receive such a quantity of oats at that time as this mentions, which is seven quarters and an half?

Hallett. No, my Lord.

Q. to Wetherill. Look upon this receipt?

Wetherill. I know nothing of it.

Q. Do you to receipts make your mark, or write your name ?

Wetherill. I always write my name; this receipt I never gave to the prisoner at the bar, or any body else?

Q. The receipt has on it the mark of Thomas Wetherill of Watford, is there any other Thomas Wetherill at Watford ?

Wetherill. No, my Lord.

Q. How often have you dealt with the prisoner?

Wetherill. I have 2 or 3 times.

Q. Was it always for ready money?

Wetherill. I have sold to him for ready money, and upon credit too; but never sold him any oats upon credit.

Q. to Mr. Hallett. Did you allow the whole 6 l. in account.

Hallett. I did.

Q. to Wetherill. Did the prisoner buy any oats of you on the 11th of September?

Wetherill. He did.

Q. How much?

Wetherill. He bought 5 quarters and no more.

Q. Did he pay you for them?

Wetherill. He did.

Q. Did you give him a receipt?

Wetherill. I did not, nor did he ask for one.

Q. What did he pay you per quarter?

Wetherill. He paid me 13 s. 6 d. per quarter.

The note read to this purport.

Sept. 11, 1753.

Received of James Watkins the sum of 6 l. for 7 quarters and a half of Oats, at 16 shillings per quarter, by me

+ The mark of Thomas Wetherill of Watford.

Q. Did he buy other oats of other people the same day that he bought yours at 13 s. 6 d?

Wetherill. He did

Q. to Mr. Hallett. Did he charge you with other oats bought on the same day ?

Hallett. I don't know that he did.

Prisoner's defence.

I am quite innocent of the fact: I am about 150 miles from my friends, and came to Newgate but last night, and could not send for my friends, who have known me from a child.

For the Prisoner.

James Willes . I have known the prisoner from his infancy in Herefordshire; he has bought and sold many hundred quarters of oats for himself

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

Willes. I have had no acquaintance with him for these 13 or 14 years, till he came to London now.

Q. What is the general character of the prisoner?

Willes. If I had occasion I'd trust him with any sum of money.

Charles Vaughan . I have known him very well these 23 years.

Q. What is his general character?

Vaughan. His character was always good in the country, I lived within a mile of him there.

Q. Do you live in the country now?

Vaughan. No, I have lived in town six or seven years.

Court. Then you can give but little account of him in that time?

Vaughan. I am very certain no body could lay any thing to his charge that can hurt his character in any shape.

Q. How often have you been in the country since you have liv'd in town?

Vaughan. I have been down twice in the time; the prisoner rented a farm of about a hundred a year for himself.

Edward Lewis . I knew the prisoner when I was a lad of about 15 years of age: then I came to London, and have not known him much since: I was down in the country this summer; he bears a good character there, and is of a reputable family.

Thomas Lewis . I have known him 10 years; we have been for that time as companions together; I never knew but that he always bore a good character.

Charles Lawrence . I am the person that recommended the prisoner to this gentleman (meaning the prosecutor) I have been acquainted with him some years.

Q. Where do you live now ?

Lawrence. I have been in town about 7 years. but commonly go down once in 2 years. I never heard any thing bad of the prisoner's character in all the time. When I recommended him I thought he would be of service to him and himself too.

Acquitted .

400. (M.) Mary Painter , widow , was indicted for being accessary, after a felony committed by Mary Taylor , in receiving 10 gross of mohair buttons, value 40 s. and 1 pound of mohair twist, the goods of James Winter , well knowing them to have been stolen .

No prosecutor appearing she was acquitted , and the recognizance ordered to be estreated. See No. 316 in this Mayoralty.

401. (M.) John Riley was indicted for that he on the 16th of July , about the hour of 4 in the afternoon, the dwelling-house of William Davnell did break and enter, no person being therein, one silver watch, value 50 s. 2 linnen shirts, value 6 s. the goods of the said William, in the dwelling-house did steal , &c. *

William Davnell. I am ostler a little way from where my house is; I was bade to go home on the 16th of July, about 4 in the afternoon, and told my house was broke open.

Q. Where do you live?

Davnell. In the parish of Stanmore .

Q. Do you lie at the inn, or at your own house?

Davnell. I lie very often at the inn, but my wife lies at home.

Q. Is your wife here?

Davnell. She is not.

Q. What did you observe when you went home?

Davnell. When I came there I found the back window was all of it taken out, and the cross bar of the window was taken away. I went up stairs and missed my watch and 2 shirts; we have but one room above. Then I went in search of the person that robbed me.

Q. Had you any suspicion of the prisoner?

Davnell. A neighbour of mine told me he had seen no body in the yard but the prisoner, and he had lodged in my house some time; in my enquiring I met with 2 gentlemen, who told me a man was taken with some things upon him, at a publick-house called the Nine-Pin and Bowl near Edgworth. I went to the house; the landlord of the house had got the watch and 1 shirt, and the other shirt the prisoner had got on: I took the prisoner before the justice, there he confessed he took the things.

Q. Was it taken in writing ?

Dovnell. It was.

John Grant . I was present when the justice examined the prisoner. and heard him confess the taking the watch and 2 shirts.

Q. Was that confession made voluntary, without any threats ?

Grant. It was.

Q. Or promises of forgiveness or favour ?

Grant. It was.

The Examination read in court, the purport of which was,

That he being charged by William Dovnell and John Grant with feloniously stealing a watch and 2 shirts out of a dwelling-house in Little Stanmore; That he the said John Riley did acknowledge that he broke into the house by breaking one of the windows, and got into the house and stole a watch and 2 shirts.

Grant. I had heard the prosecutor's house had been broke open, and I saw the prisoner after that at the Nine-Pin and Bowl with the watch and two shirts: I stopped him. (The shirts and watch produced in court, and depos'd to by the prosecutor)

Q. to Prosecutor. in what parish is your house?

Prosecutor. It is in the parish of Whitchurch, or Stanmore, it is all one.

Prisoner's defence.

I went to the Nine-Pin and Bowl house, and was drinking there all day long: they were talking about watches, I said I had got one at home; I went home and fetched this, and being drunk I shewed it them. When they had me before the justice I did not know where I was no more than a post.

Acquitted of the Burglary, Guilty of Felony .

[Transportation. See summary.]

402. (M.) John Dearmer was indicted for stealing one craps-gown, value 5 s. the property of John Emmerton , and one camblet gown , the property of Ann Rutson , spinster , June 27 *

Susanna Emmertons My husband is named John; we live at Mimms Wask ; the prisoner came to my house and called for a pint of beer, on the 27th of June, about 2 in the afternoon, then the two gowns mentioned in the indictment were hanging up, and about half an hour after the prisoner was gone we missed them.

Q. Did you ever find them again?

S. Emmorton. The prisoner was stopp'd at South Mimms on suspicion of stealing them; we had notice of it in about an hour and an half after he was gone; I went to the house, and found him and the gowns.

Q. To what house did you go?

S. Emmerton. To the Red-Lion. (The gow produced in court, and d pos'd to, one as the property of John Emmerton , and the other of Ann Rutson .

Q. Did the prisoner confess any thing?

S. Emmerton. No, he did not, either one way or another.

Martha Tull I live at the Red-Lion at South Mimms; the prisoner came into my house, and called for a pint of small beer; he sat down in a chair while he was drinking the small beer, and said he had got 2 gowns to sell; I saw them, and were suspicious of his stealing them. I sent for the constable, and had him taken up. We took him before the justice, there he owned he was guilty.

Q. What were his words ?

M. Tull. He said, he stole the gowns.

Q. Did h e say where he stole them?

M. Tull. No; he did not.

Q. How came you to send for Mrs. Emmerton?

M. Tull. Because there was a man in our house that knew the gowns.

Q. Did the prisoner bring them conceal'd or publickly ?

M. Tull. He brought them in his hand in a little bit of a handkerchief.

The prisoner had nothing to say in his defence.

Guilty 10 d.

[Transportation. See summary.]

403. (M.) Francis Collins was indicted for stealing one cloth coat, value 10 s. one cloth waistcoat, value 2 s. and one pair of cloth breeches , the goods of Mary Magennis , widow , June 1 *.

Mary Magennis . The things mentioned in the indictment were pawned to me; I have had the waistcoat and breeches 2 years.

Q. Who pawned them to you ?

Magennis. One Steward did, He owed me 25 shillings, and left them with me, and told me if I wanted my money I night sell them before he came back. The coat a young man bought last Christmas, I lent him 5 s. to pay for it, it cost him 10; he bid me keep the coat till he could pay me, or to Tell it and pay myself. I went to felt them to the prisoner at the bar; he desired to try them on, and when he had them on his back a woman came in, and they had a word or two together : I took hold of him, and said, pray let me have the things, I got the coat and waistcoat, then I said let me have the breeches; he would not pull them off; but said his wife would pay me for them. I said, I will not trust your wife nor you neither, for she is another man's wife. He took the coat and waistcoat up stairs, and lay in my house all that night. The next morning, betwixt seven and eight o'clock, I went up to his room, and brought the coat and waistcoat down, but I never could get the breeches; he lay in them. I put the coat and waistcoat in a box in my shop, and did not know but they were there till about three weeks after.

Q. How came you to miss them then ?

Magennis. Richard Sullivan came into my house, and said, he met the prisoner very fine. I said, With what? He said with the coat and waistcoat upon him. Then I went and looked in my box, and found they were missing. I enquired after him, and found him in bed. I saw the breeches under his head. I took hold of them, and asked him where my coat and waistcoat were. He said, Don't make a noise, I'll go and get them. He took me to a pawnbroker, where he had pawned them, but they would not deliver them without the money. Then I went and got a constable, and went again for them, and then they denied they were there. For the Lord's sake, my lord, don't hang him.

Q. from the prisoner. Did I not wear them publickly in the house?

Magennis. No, never but that night.

Q. from the prisoner. Did not you say before the Justice, if I would pay you 15 s. 6 d. for them, which you had sold them to me for, you'd never appear against me?

Magennis. No, Sir.

Catharine Sullivan . I saw the prisoner with the breeches on, and heard him promise payment for the cloaths at the same time.

Q. Did he mention any time when he'd pay the money ?

Sullivan. No, my Lord.

John Clark . I was constable, I served the warrant upon the prisoner.

Q. Do you know any thing of the agreement talk'd of between them?

Clark. No, I do not

Q. from the prisoner. Did not you hear Mrs. Magennis say she would not prosecute me if I would pay her?

Clark. I heard her say before Justice Chamberlain; if she had but her money it was all she required, and that she never wanted to carry on a prosecution against the prisoner.

Prisoner's defence.

I proposed payment for these cloaths, and bought them of the prosecutrix; I then lodged in her house; after that I went to lodge with Mrs. Bready upon Snowhill. After some time I was taken ill, and was obliged to pawn them; then she came to me and asked me for the money. I said, if God spares me, and gives me health, I'll pay you. She said, You rogue, if you die I must lose them. She took the breeches from under my head, and swore she'd go and swear a robbery against me on the morrow. I said, Have patience, and don't take a poor man's life away. At last she came to be civil, and gave me the breeches again, and it was settled that I should pay her the money at such a time, and when the time came I could not; she goes and swears a robbery against me.

For the prisoner.

William Lawrence . The prosecutrix told me the day after the bargain, she had sold Frank Collins the cloaths for 15 s. 6 d.

Q. How do you know it was the day before that, that she sold them?

Lawrence. Because she said, I sold Frank Collins the cloaths yesterday; the cloaths were fitted on and delivered to him. After some little time she was dubious of getting the money, and she said to me, before she would be tricked out of the cloaths she would swear a robbery against the prisoner.

Ann Lawrence . I live over-against the prosecutrix; she keeps a chandler's shop; I went in there for some things I wanted; she said she had sold the prisoner at the bar a suit of cloaths, (I have forgot the price, but she told it me then;) she said she supposed she should have no money for them, and she did not expect it; but if he did not pay her, she said she would swear a robbery against him. I said in answer, You say you sold them, and the man says he'll pay you for them how can you go to swear a robbery against him if that is the case ?

Acquitted .

404. (L.) John Whittaker was indicted for stealing one blanket, one linen sheet, one brass sender, one brass fire-shovel, one brass candlestick, one copper frying-pan, two pewter plates, one quart pot, the goods of William Harrison , in a certain lodging room , let by contract, &c. June 11 ++

Guilty .

[Transportation. See summary.]

405. (L.) Richard Brown was indicted for stealing two pieces of printed linen, val. 2 s. the property of Thomas Weed , June 18 .

++ Guilty 10 d.

406, 407, 408. (L.) Joseph Bell , Thomas Cartwright , and Thomas Compton , were indicted, for that they, in company with Richard Elliot , not yet taken, on the 23d. of Jan. did conspire and agree among themselves to cheat and defraud John Bennet of divers sums of money, by playing at the game called cribbage .

++ All three acquitted .

409, 410, 411, 412. Miles Smith , Joseph Butcher , Anthony Rippen , and Robert Thomas , were indicted for willful and corrupt perjury .

No evidence appearing they were all four acquitted .

Ann Lewis , capitally convicted but Judgment respited, see Num, 185. in alderman Winterbottom's mayoralty, was brought up and received sentence of death accordingly.

Thomas Womersley and George Watson , capitally convicted last sessions, were executed the 26th of June.

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

Received sentence of death 6.

James Cobley , otherwise Barrington, Elizabeth Jones , Mary Smith , Robert Finch and Joseph Mills .

Ann Lewis , capitally convicted but Judgment respited, see Num, 185. in alderman Winterbottom's mayoralty, was brought up and received sentence of death accordingly.

Transported for 7 years 36.

Paul Wood , Samuel Hamilton , William Gullick , John Watson , Edward Man , Sarah Stonner, Elizabeth Smith , Peter Davis , Elizabeth Simms , Frances Harland , John Collier , Joseph Heyley , Thomas Buckland , Thomas Hobbs , Mary Dunn , James Knapp , Edward State , John Foresight , William Brown , John Riley, Jeremiah Dearmer , Richard Mooney, James Davis , Mary Wilson , Catharine Dnncomb , Thomas Collis , Elizabeth Longbottom , Robert Knapton , George Farr , Richard Webb , Edward Folks , Rebecca Holding , David Rice , Thomas Murphy , Mary Cook , and John Whittaker .

Judgment respited 1.

Sarah Marchant .

Branded 3.

Barnard Smith, James Logey , and Mary Langthorn .

Whipped 1.

Mary Stiles .

Thomas Womersley and George Watson , capitally convicted last sessions, were executed the 26th of June.

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