Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 28 July 2014), September 1754 (17540911).

Old Bailey Proceedings, 11th September 1754.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON; And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 11th, Thursday the 12th, Friday the 13th, and Saturday the 14th, of SEPTEMBER.

In the 27th Year of His MAJESTY's Reign. NUMBER VII. for the Year 1754. BEING THE Seventh 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 Honourable Mr. Justice BATHURST*, Mr. Baron ADAMS +, WILLIAM MORETON , Esq; Recorder ++, and others of his Majesty's Justice 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.

Paul Archer ,

Thomas Wills ,

Joseph Summers ,

Thomas Hall ,

Thomas Bradford ,

Henry Bickerton ,

John Savage ,

Thomas Horton ,

Henry Clark ,

John Foster ,

Aaron Bates ,

John Hall.

Middlesex Jury.

Henry Scott ,

John Wood ,

John Gregory ,

John Simons ,

James Palmer ,

Thomas Pittman ,

Charles Ross ,

Francis Sheffield ,

John Westley ,

Thomas Seymour ,

* John James ,

* Robert Brooks was sworn for John James .

James Cornwell .

413. (M.) Susannah wife of Thomas Pennel was indicted for stealing one copper coffee pot, val. 2 s. 6 d. the property of Richard Wright , August 3 . + .

The prosecutor is a broker in Morefields . The prisoner took the coffee pot from his shop door and carried it about five doors, where the prosecutor stopped her and took the coffee pot from under her apron. Produced in court and deposed to.

The prisoner in her defence said, she was going by with another woman, and she bought it and gave it her to carry.

The prosecutor said, she was alone at the time.

The prisoner called John Nelson , Jonathan Lovan , John Lefeaver , John Portrow , James Castle , Michael Vear , Ann Castle , Badley Navaugh, and Francis Cathel ; who all gave her a very good character, exclusive of this affair.

Guilty 10 d.

[Whipping. See summary.]

414. (L.) Elizabeth Hare , spinster , was indicted for stealing one linen sheet, val. 12 d. one linen shift, val. 12 d. the goods of Frances Page , widow , July 20 .*.

Guilty 4 d.

[Whipping. See summary.]

415. (L.) Henry Taylor was indicted for stealing sixteen pounds weight of tobacco, val. 12 s . the property of John Hunt , Aug. 1 . ++ .

John Symonds . I was with the prisoner at the bar on Summers's Key . I stood on the outside, and he got in at a hole under a gate and handed me out this tobacco. Producing some.

Q. How much is there of it?

Symonds. Here are sixteen pounds weight?

Q. When was this?

Symonds. I don't know the day of the month; but it was on a Friday six weeks ago, and in the night. We carried it in two parcels to one Cosgrave near the Victualing Office on Tower Hill to sell; we knocked and he was along time in getting up, and the watchman came and took us.

Q. Did Cosgrave know in what manner you came by this tobacco?

Symonds. He must know that.

Q. Were any others concerned besides the prisoner and you?

Symonds. No. There were none else.

John Weston . I am a watchman. I was going to beat the hour one this night and past the prisoner and evidence, after which I saw them knocking at Cosgrave's door. I heard somebody on the inside unlocking the door, and turning myself saw the evidence lying on this tobacco upon the ground. I laid hold of him. When the man within heard me he would not open the door at all. I took the evidence to the watch house, but the prisoner ran away.

James Murray . I was officer of the night when the evidence and the tobacco were brought to the watch-house. I asked him where he got it, and he said, he stole it from the key, and that if I'd go with him he'd go and take his accomplice. I carried him before Sir Samuel Gore , and his information was taken; upon which a warrant was granted, and I went by the evidence's direction and took the prisoner, who confessed also he had the tobacco from the place where the accomplice had mentioned before.

William Robertson . I am concerned upon the key for Mr. Hunt. He and only he had tobacco that night in the place where the prisoner and accomplice say they took this from; it was rolled up under the gateway in order to be safe there till next morning, and then to be fetched away; there was a hole at the bottom of the gate where a person might creep in.

Q. Was the duty paid?

Robertson. It was.

Prisoner's defence.

I met with the evidence going over Tower Hill. He asked me to go with him, which I did. He stopped against this door and sat down, but I did not know what he had got. The watchman came and said, Friend, I must stop you. I thought he was going to take him up for keeping disorderly hours, and so ran away, fearing he should lay hold on me; the next morning I was taken up by a warrant. I am but just come up out of Huntingtonshire, and am a stranger here.

Guilty .

[Transportation. See summary.]

416. (L.) Elizabeth Walters , spinster , was indicted for stealing one silk handkerchief, val. 2 s. the property of John Staple , privately from his person , July 29 *.

John Staple . On the 29th of July I was walking along Lombard-Street , and apprehending I felt something at my pocket, clapp'd my hand down and miss'd my handkerchief. I turned round and saw the prisoner at the bar was near me. I saw my handkerchief in her hand, and took hold on her. She said, she pick'd it up from the ground, and falling on her knees desired I'd let her go. The handkerchief produced in court.

Q. Was any other person near you at the time?

Staple. No, not so near me as she.

Q. What is the value of your handkerchief?

Staple. It is worth 2 s. it is almost new.

Prisoner's defence.

There were many other persons going along besides me, and I pick'd it up.

Guilty 10 d.

[Transportation. See summary.]

417. (M.) John Davies was indicted for stealing one violin, val. 15 s. the property of Richard Duke , Aug 7 . ++.

Richard Duke . On the 7th of August the prisoner was brought into my shop. [a musick shop, Red-Lion Street, Holbourn ] I was told he had stole a violin which was my property, but can say nothing to the stealing of it, not being then in the shop. The prisoner denied the taking it. The violin produced in court.

Q. What is the Value of it?

Duke. It is worth about 15 s.

George Pearson . I saw the prisoner go into the prosecutor's shop on the 7th of August as I was going on an errand, and saw him come out and put the violin under his coat. The woman of the shop came out and called, Stop him, Stop him. He ran away.

Q. Did you see him taken?

Pearson. No, I did not. I saw a man bring him back into the shop, and saw a violin produced there, but can't say it is the same I saw before.

James Welch . When they cried, Stop Thief, the prisoner had the violin and a bow under his coat. A porter stopp'd him and they both fell down. The prisoner dropp'd the violin, and I took it up and would have given it him, but he denied it being his property. The mob carried him to Mr. Duke's shop, and there I saw a violin produced, but whether it is that which fell from the prisoner I can't tell.

Prisoner's defence

As I was going through the Red Lion passage, there I heard there was a siddle dropp'd, but I know nothing of it. I am by trade a shoemaker.

Guilty .

[Transportation. See summary.]

418. (M.) Martha wife of Ralph Lomack was indicted for stealing a two-quart pewter pot, val. 2 s. the property of John Lomas , Aug. 8 . + .

The prosecutor keeps a publick house . The prisoner went in and took the two-quart pot from off a bench where the prosecutor had just before set it. She was observed to take it by Elizabeth Cooley , who was there, and informed the prosecutor of it. He went after and took the prisoner, and found it under her petticoats.

The prisoner in her defence said, she borrowed it to carry her husband some drink.

Guilty 10 d .

[Transportation. See summary.]

419. (M.) Mary North , spinster , was indicted for stealing two linen sheets, val. 3 s. one blanket, val. 3 s. two linen pillow cases, and one brass saucepan, the goods of Richard Bartlet , in a certain lodging room let by contract, &c. June 28 .*.

Acq.

420. (M.) James Young was indicted for stealing two 3 l. 12 s. pieces of gold, two moidores, three guineas, 17 s. 6 d. in money numbered, three gold rings, three silver buckles, and one silver pocket piece, the goods and money of John Pitten , in the dwelling house of the said John, July 19 .*.

John Pitten . I keep a cook's shop in King Street, on Tower-hill , and the prisoner was my servant . I have a chest in my bedchamber in which was money and plate. I found it broke open on Saturday morning the 20th of July, and missed out of it two 3 l. 12 s. pieces, two 27 s. pieces, some 36 s. pieces and guineas, I can't say how many, besides 6 l. and upwards in all to the amount of 40 l. and upwards. The prisoner lay out of my house that night. I had a suspicion of him, and inquiring about for him, he was taken between eleven and twelve that day in Monmouth Street. I was sent for to him in St. Giles's Round-house, and he owned to me he broke the chest open, and took away the money.

Q. When had you seen the money and rings mentioned before you missed them?

Pitten. I had seen the rings and buckles about three days before.

Q. How old is the prisoner?

Pitten. He is about seventeen years of age. I never found any dishonesty of him before this.

Henry Flannegan . I am a constable, and was sent for to Monmouth Street to take the prisoner into custody. I brought him to my house, and upon searching him in my back kitchen found two 3 l. 12 s. pieces, two moidores, three guineas, three gold rings, a silver pocket piece, three silver buckles, and to the best of my knowledge 17 s. 6 d. in silver. Produced in court.

Prosecutor. I can't swear to the money, but the rings and buckles are my property, and were in my chest before it was broke open.

Flannegan. I sent the prisoner to the Round-house, where the prosecutor came, and I heard him own to his master, that he broke open the chest either with a poker or tongs, I can't tell which.

Q. Did you hear him say any thing about taking the money and rings?

Flannegan. I did not. I had other business, and so went away, leaving them together.

Mr. Dorton. I live in Monmouth Street. Mr. Pitten came to my shop and asked me if I had seen such a person, describing the prisoner. I said, I had not; he desired me, if I should, to stop him, and send him word, saying, he had been robbed of upwards of 40 l. In about half an hour after he was gone the prisoner came into the street, and I followed him into a shop where he went in; he had another young fellow along with him. I got another person to go in with me, and said to the prisoner, Young man, I believe you are the young man who have robbed your master of 40 l. He said, he believed it was not above half the money.

Q. Was he sober?

Dorton. He was very sober. The other person with him asked what was the matter, and upon my telling him, said, he was afraid he had done some such thing, and that he had lent him a guinea to buy him a coat, which he returned to me. We sent for a constable, and the prisoner was taken into his house and searched, and the money and things found upon him as the constable mentioned, including the guinea that was delivered to me by the other person. He was put into the Roundhouse, and I sent for the prosecutor, who came, and asked him how he came to do so. He answered, he could not tell. His master asked him what he had done with the rest of the money, and he said he had been in a very disorderly house, and had spent it.

Prisoner's defence.

I had been drinking, and know nothing how I came by the money, but I am sure I did not break the chest.

Guilty Death .

421. (L.) James Walton was indicted for stealing 1 s. 6 d. the money of Richard Hunter , privately from the person of Mary, wife to the said Richard, July 27 ++ .

Mary Hunter . On the 27th of July I was at my stall, in the Evening about a quarter after nine o'clock the prisoner came and pick'd my pocket of 1 s. 6 d. I catch'd his hand in my pocket, he snatch'd his hand away, and I miss'd the money directly; he ran away, no body followed, he came back the same way in about a quarter of an hour; he jostled up to a gentleman near my stall: I said to my husband, that was the person that had pick'd my pocket of 1 s. 6 d. just before; then my husband took him by the collar, and carried him to Mr. Green the Constable, who searched him and found two handkerchiefs on him; he was carried to the Counter that night, and on the Monday carried before the sitting alderman. He would not confess any thing.

Richard Hunter . My wife call'd out to me and said, that man had pick'd her pocket of 1 s. 6 s. which she had just taken. I took him to the constable's. There was no money found upon him when searched. He did not confess any thing.

Thomas Green. I am the constable, I searched the prisoner for money, and found only two or three halfpence in his waistcoat pocket, and two old handkerchiefs in another pocket.

Prisoner's defence.

I am really innocent of the thing.

For the prisoner.

Ann Price . I have known the prisoner four years, he work'd for a bricklayer, he lodg'd with me, I never heard any ill of him before this thing.

Guilty 10 d.

[Transportation. See summary.]

422. (L.) Thomas Varron was indicted for stealing one cloth great coat, val. 3 l. the property of Daniel Webb , Aug. 1 . ++ .

William Sylvester . On the first of August I lost a great coat out of the Beconsfield Waggon out of the Bell Inn in Warwick-lane , the property of Mr. Webb. The prisoner was a porter that carried parcels from the yard. The coat was advertis'd, and after that I was sent for to Monmouth-street, and saw the coat, upon which the prisoner was taken up, and he owned he carried the coat there to sell; but that another person took it and gave it to him.

Q. from the prisoner. Did he see me in the yard that day after 3 o'clock?

Sylvester. He was at work upon the waggon that night, and the coat was tied upon a hamper in the waggon.

Richard Morgan . I live in Old Fish-street, on the 29th of July Mr. Daniel Webb sent for me to go to Monmouth-street to see if that coat that was advertis'd was his, as I made it. I went and found it to be his coat, which I made, I paid the charges and it was deliver'd to me; they had stop'd it on suspicion of being stolen.

C - Dawson. I live in Monmouth-street, the prisoner at the bar brought this coat to me with an intention to sell it. I had a suspicion he had stole it; he told me he had it made for him, and he gave 3 l. 12 s. 4 d. for it; he agreed to sell it me for 18 s. I told him if he'd fetch the taylor that made it, I'd buy it; he said he would not, but I might go with him. I stop'd the coat and advertis'd it, and Mr. Webb came and own'd it; after that the last witness came and said he made it.

Prisoner's defence.

I found the coat in the street, and was going up Monmouth-street to sell it; this person call'd me in, he stop'd it; I told him my name, and where I worked.

To his character.

William Norris . I have known the prisoner about 5 years; I always knew him to be a very honest man as could be.

Frances Norris . I am wife to the last evidence; I have known him from an infant; he has a very good character.

Guilty .

[Transportation. See summary.]

423. (L.) John Fletcher and Robert Taylor , were indicted for stealing a silver tankard, value 6 l. the property of Thomas Lancaster , in the dwelling-house of the said Thomas, July 26 ++ .

Thomas Lancaster . I live at Summer's-key near Billingsgate , and keep a publick house . I have known Fletcher about three years, the other I never saw before I saw him at the Mansion-house.

Fletcher was at my house on the 26th of July in the evening drinking out of a silver tankard, I went over the water, and when I returned about eight he was gone. The tankard was not missed till between eleven and twelve at night, at going to bed. About eleven the next morning I was sent for to the Mansion-house, there were the two prisoners at the bar and my tankard; they were examined by Mr. Alderman Cockayne, one was committed to Newgate and the other to the Poultry counter, upon Fletcher's confession. That he stole the tankard from my house the evening before; the other said nothing at all.

Q. Was Taylor at your house that night ?

Lancaster. Not as I know of.

Q. What business was Fletcher in?

Lancaster. He was bred up to the sea; he is of a very reputable family at Norwich.

John Shot Clark. This tankard was brought to me; (I am a dealer and chapman) and offer'd to sale the very same night a little before nine o'clock. I have seen both the prisoners before. Taylor came to me at my window, and said he had got a friend that had a silver tankard to sell : I asked them both to walk in; then Fletcher pull'd the tankard out and gave it into my hand to sell it to me. I ask'd him what he ask'd an ounce for it; he said 5 s. and insisted upon my buying it that night. I said I never buy any thing by candle light; I stop'd it and lock'd it up, and said I would buy it by day-light if I could, and would give them more than they asked. The next morning Taylor came and demanded the money for it; I refused paying the money and sent for an officer; but before I sent for the officer he told me Fletcher was either gone or going on board a vessel at Gravesend; then the officer came and I gave him charge of Taylor; then he directly said that Captain Fletcher (the Name he went by) was over the way in some court. Then I said to the constable, Am I safe to keep Taylor till I take Fletcher? he said, yes; then the officer went with my maid, and she shew'd him Fletcher, and he took him, and they were both carried before alderman Cockayne at the Mansion-house; there I carried the tankard.

Q. What passed before the alderman?

Clark. Fletcher confessed the thing and was sorry for it; I can't say his exact words. Taylor said, he met Fletcher in a place in Bishopsgate-street and he persuaded him to come to me with the tankard. The tankard produced in court and deposed to by the prosecutor.

Q. from Taylor. Did you ever see the tankard in my hand?

Clark. No.

Fletcher's defence.

I used to go to the prosecutor's house to see a friend from Norwich; I had been there that night and went away about six at Night. I returned again about seven upon the key. Going away I saw this tankard standing under the gateway, I took it, and being a little poverty-struck (or I should have advertis'd it.) I met my brother-prisoner in Bishopsgate-street; I asked him where I could sell it; he said, let us carry it to Mr. Clark, we did, and he stop'd it.

Taylor's defence.

I did not know that the tankard was stolen.

To Fletcher's character.

Mr. Bradley. I have known Fletcher about three or four years.

Q. What is his general character?

Bradley. He has spent 14 or 15 hundred pounds; he has been too and again at my house; I never knew any ill by him.

John Stanton . I have known him two or three years. I never heard him charg'd with any robbery before this.

Robert Skinner . I have known him about two or three years and never could have thought him to be guilty of such a thing.

Daniel Fry . I have known him about five years; I never suspected him to be guilty of any thing of this sort before this affair.

For Taylor.

Richard Badman . I have known Taylor ten or twelve years; I have trusted him to pay and receive money for me, several hundred pounds; he and I are mast-makers by trade, he never wrong'd me of a dight.

George Story . I have known him about seven or eight years; I always took him to be a very honest fellow.

William Prodey . I have known him seven or eight years, I never knew any thing by him but that of a very honest civil fellow.

John Allen . I have known him about fifteen years; he and I were apprentices together; I never heard any thing of him contrary to that of a good character.

Edward Barnard . I have known him fourteen or fifteen years; we both serv'd one master; I never knew any ill of him before this.

Thomas Davis . I have known him twelve years. He is a very sober lad, and I never heard any ill of him in my life.

Fletcher Guilty 39 s .

Taylor Acquitted .

[Transportation. See summary.]

424. (M.) John Haines was indicted for that he, on the king's highway on Deadot, wife of John Quane did rob putting her in corporal fear and, and one silk purse, val. 2 s. with eight guineas, the property of the said John, from the person of the said Deadot, did steal, take and carry away , Aug. 18 . +

Deadot Quane. On the 18th of August last, between three and four in the afternoon, and I was going to Windsor in my carrot, I was stopp'd between Hounslow Heath and Cranford Bridge , it being a very hot day, and my blinds being down: When my chariot stopp'd I fancied my coachman was going to water the horses. I lifted up the bd on the right side to look out and bid him go on, and there saw the prisoner on horseback with a pistol pointing in at the window. His hand shook very much, and I expected by the motion of it the pistol would have gone off every minutes. He said, Deliver up your money, or I'll How your bins out. I was taking off a bracelet from my right hand, and told him at the same time that he should not have it; the spring being very difficult to undo, I could not get it off in less than two or three minutes. Then I put my hand into my pocket, and took out a blue silk purse and gave to him. I think there were nine guineas in it, but I can swear to eight. A gentleman, Monsieur Debreau, whom I was carrying to shew him Windsor, and who is since returned to France, gave him, as he thought, about 26 s. He took up a pistol, and was very angry with me that I would not let him shoot the prisoner. I asked the prisoner how long he had been of this business; he said that was the first time of his robbing on the highway, and he must have been arrested if he had not done it. He said, he hoped I'd do him no harm, but I told him I should do as I thought proper as to that. I had an opportunity to examine his horse in this time, and found he was lame. As he went off he turned down into a lane on the right hand. I called to my servant, and told him I thought it was easy to take him. We stopped and I got out of my chariot. We saw a coach and fix with some servants on horseback coming, which was Sir Kendal Clayton's. When they came up I told the gentleman I had been robbed, and desired he'd let his servants go to help in taking the highwayman. He consented to it, but there was no horse for my servant to mount; till a young man happening to come upon the road on horseback, I begg'd he'd lend me his horse, which he did. My servant mounted him, and went after the other two servants. I went on to Cranford Bridge and ordered my dinner, and in about a hour from the time of the robbery was brought in at Cranford Bridge Bridge was asked what could induce him to vous a practice. He and, he had three children in necessity, and begg'd for mercy.

Q. Did he know you in ?

D. Quane. He did instantly, and said, I could but take away his life. I answered, we did not intend to do any thing more with it. Then we took him to Justice Birkhead, where he was searched, and denied having the purse. I said, how can you have the impudence to deny it? be honest once in your life before you are and tell me what you have done with it. He said than he had put it under his saddle upon his horse. But I should have told your Lordship, that going with him to the justice's he pretended to faint, and tumbled from his horse. There was a soldier in a chaise. I desired him to take him into his chaise, which he did, and this soldier being at the justice's. I desired him to go to the stable and see for the purse. He went, but whether the soldier play'd a trick upon the highwayman or not, I don't know; but he brought me the purse empty.

William Carlton produces a purse.

D. Quane. This is the purse.

Q. Did he own the robbery before the justice?

D. Quane. He did not deny it.

Q. Were there any arms found upon him?

D. Quane. There was a pistol prodigiously loaded. and some shot and powder found upon him.

Q. Was he masked or unmasked ?

D. Quane. Unmasked. I am very certain that man who stands at the bar is the man who robbed me.

Q. How long might he be by the side of your chariot?

D. Quane. He might be there five or six minutes.

William Robertson . I am footman to the prosecutrix. On the 18th of August last, between three and four in the afternoon, I was behind the chariot on Hounslow Heath. I first saw the prisoner at about a hundred yards from us. When he came pretty near he looked round me and went past the chariot, and peep'd in; then he sell back five or six yards. I kept a very strict eye upon him, and saw him put his hand into his right hand coat pocket, and saw the end of a pistol coming out. Then he rode up to the chariot and called to the coachman to stop. The coachman said, ha! Stop, said the prisoner. The coachman seeing the pistol, stopped. My lady looked out, and the pistol was presented to her.

Q. How near the chariot was the prisoner ?

Robertson. He was within two yards of it then. He said, Your money. My lady said, ha! Your money, said he, directly, or I'll blow your brains out. My lady said, Very well, you shall have my money. I saw her give him a blue purse, and saw gold shine through it, and some silver given him afterwards. After he had received it he put that and the pistol into his pocket, and rode on half a mile a little distance from the chariot. When he got between the two heaths he turned down on the right hand side towards Butchers Grove. I begged of my lady to let me have one of the pistols out of the chariot to go and pursue him. I saw a coach and six coming behind. My lady desired the gentleman to let me have a horse to pursue. He was not willing to that, but sent his two servants after the prisoner. A young gentleman coming by, my lady begged of him to let me have his horse, which he did. I mounted, and taking a brace of pistols, followed. I found in about a mile and half that the two servants had stopped him, I rode up with a pistol, telling him, if he did not resign I would blow his brains out directly. He said, he had resigned. Then we tied his hands, and took him to Cranford Bridge to my lady. After that we went back to Hounslow to the justice, and there he owned where the purse was. Mr. Clayton's servant and a soldier went to see for it, and I saw the purse taken from under the saddle of the horse, as I had hold of the horse.

Q. Look at the prisoner again, are you certain he is the man?

Robertson. I am sure of it, my lord.

William Gascoyne . I was driving the chariot with my lady in it on the 18th of August, and aboat the middle of Hounslow Heath the prisoner came to us. He first came opposite to me, then drew his horse back, and then came up again, biding me stop. I said, ha! He said, stop coachman. I stopped, and my lady putting her head out at the chariot door, he said, Your money, madam. He had his pistol in his hand, cocking it at the time. I saw the money in a purse delivered to him. He put it in his pocket, and was going on, but turned back and said to the gentleman in the chariot, Sir, I hope you will not hurt me; for it was necessity that drove me to it, and if I had not done this I must have gone to prison. He rode on about half a mile before the chariot, and at the first turning on the right hand he struck off. Then we stopped and my lady got out of the chariot, and Sir Kendal Clayton coming by with two servants - .

Q. Are you sure the prisoner is the man that did the robbery ?

Gascoyne. I am certain he is the man.

Q. What colour was his periwig ?

Gascoyne. He had, I believe, a grey wig on, not the same he has on now (Which was a black one).

William Carlton . I am servant to Mr. William Clayton , it was his coach and horses, not Sir Kendal's. As we were coming almost to the eleventh mile stone upon Hounslow Heath some people on foot told us a lady had been robbed, and said the man might be soon taken. We went on and saw the chariot and the lady standing by it; my master stop'd his coach to see what was the matter. We were told she had just been robbed, and were shewn which way the highwayman was gone. They desired my master's horses to pursue, and he accordingly ordered me and my fellow servant to go after him. About half a mile down the lane we found the prisoner dismounted standing by his horse, and seized him directly. We asked him if he had not robbed a lady in a chariot. He said, he had, and that necessity drove him to it, and begged we'd let him go. I said we must take him to the lady at Cranford Bridge, which we did then, and before the justice.

Q. Did he confess any thing there ?

Carlton. He did not deny but that he took the money, but he did not know what he had done with it.

Prisoner's defence.

I was going down to Reading. The day being very hot, I denied at Brentford, and stopp'd at three or four places besides, and drank some cyder mixed, what we call on board shangaree. I found myself in liquor, and going down this lane thought of easing myself, and got off my horse. I hope you will consider, whether, if I had been guilty of so great a crime as laid to my charge, I should have been so stupid as not to have got off at that time. One of the men said, he'd blow out my brains if I did not surrender, saying, I was the man by my coat and horse; I had three pistols cock'd to my head at once. The reason I had a pistol in my pocket was, because I had been confined in a mad house three times, and was told I should be taken and put in again; so I carried that every day to defend myself.

prisoner.

James Svn . I live in May Fair. The prisoner has worked with me some year. I sell and a copper; his right name is Savage. I never knew any thing dishonest of him b.

Elizabeth nton. I have lodged at the prisoner or four years.

Q. What is his general character ?

L. He is a drunken mad fellow, and has been four time in a mad house, but he is a very honest man as far as I know. As to this affair I can say nothing.

Sarah Lenton . I have known him almost four years. He has been in a mad house several times, and has certainly lost his reason, but has a very good character is to honesty.

Guilty . Death .

425. (L.) John Verity was indicted for stealing one silver quart mug, val. 7 l. the property of Peter Mixter in the dwelling house of the said Peter. Aug. 10 *.

Peter Mixter . I live at the Green Dragon, Fleet-street , a publick house. The prisoner came and called for a pint of beer on the 10th of August, about three in the afternoon. He staid in the kitchen till near eight. Then I lost him and the tankard. About twenty minutes after he came in again, and called for a pint of beer. He was alone, and I asked him after my tankard, saying, he was the last person that had drank out of it, and it was lost. He denied it, but I sent for a constable and took him up on suspicion. He was carried to the Compter; the next day two or three people came and offered me my tankard again, begging of me not to prosecute. I said I did not know what to say to that. They brought the tankard with them, it was brought by Richard Griffith . Produced in court, and deposed to.

Richard Griffith . I brought this silver mug to the prosecutor, having found it by the instructions of Mr. Lock. He said, it was under his bed, and desired me to fetch it, which I did. I never had any acquaintance with Mr. Mixter, or the prisoner either.

Mr. Lock. On the 11th of August I received two letters from the prisoner at the bar to come to him in the Compter, which I did, and Mr. Griffith went with me. The prisoner there said, he was very sorry for what he had done. He told me he had put Mr. Mixter, tankard under his bed, (he lodged in my house; he desired go and carry it to Mr. Mixter, I went Mr. Griffith for and we went to the prosecutor with it, and talk'd with him about it. He charged us with being privy to the talking it, and I was put into the Compter, and lay there two nights.

Prisoner's Defence.

I was at the prosecutor's house, and had a tankard of beer and a toast in it. I asked him to drink with me; we had another pint brought, and put into the tankard, and after that another, which we drank out of a pewter pint mug. Then there came in a young man to enquire for a person, which, I believe was there. I asked him to drink, he said, yes. In about half an hour after I shook hands with the prosecutor, and said, God bless you; he said, will you call again another time? I said, when I come that way I will. The young man went away with me; he is at present waiter at the Queen's Hand, in the Old Bailey, he went into the, and I into Mr. Lock, where I lodg'd; going in, a gentleman called, Hip. Mr. Verity, it was one Mr. More: he said, he should be obliged to me if I would take a tankard and keep it for him till eleven o'clock, then being it to him at the Horshoe and Magpie, in Clare-Market, saying, he was going farther, so I took it and carried it up to my lodging room. After that I went to go to the other end of the town; I called at the prosecutor, and he took me up on suspicion of stealing a tankard.

To his Character.

Mr. Walker. I have known the prisoner near four years, he lived servant with me nine months, about three years ago; I then look'd upon him to be a very honest man, he collected many thousands of pounds for me, and behav'd honest to me while I was absent.

Mr. Walker. I am brother to the other witness, I knew him when he was his servant, then he behav'd well; I have known him since, and never heard any ill of him.

Mr. Cope. I have known him about a year; I was a near neighbour to him when he kept a publick house near Smithfield, by all appearance to me he then had a good character, he seem'd to behave very well.

Mr. Bozley. I have known him two years, he rented a house of me in Clothfair, and paid me very honestly; he bore a good character then.

Mr. Hewlet. I have known him between three and four years; he behaved very honestly. I trusted him in my house when I went into the country, and found every thing safe when I came back.

Mr. Bell. I have known him two years, during which time he had a good character.

Robert Lucas . I am a letter carrier. I had a foreign letter directed to John Verity , at the Rose Coffee-house, in the Old Bailey. I carried it there, and he being in the Compter. I wrote upon it where it was to be carried (he is shew'd a letter ) this is it.

It was read to this purport.

Boulogne, Aug. 17, 1754.

SIR,

I am very sorry that I should be the cause of bringing you under misfortune on my account, in giving you a tankard to bring me the next day. I take this opportunity of giving you a line, certifying to whom it may concern, that I Thomas More was the man that took the tankard from the Green-Dragon, Fleetstreet, and you are innocent of it, &c. &c.

Signed

Your affectionate Servant. Thomas More .

Guilty 39 s.

[Transportation. See summary.]

426. (L.) Thomas Lane was indicted for stealing one pair of worsted stockings, value 1 s. 6 d. the property of Edward Bennet , July 19 + .

Guilty .

[Transportation. See summary.]

427. (L.) Ann White , spinster , was indicted for stealing thirteen pewter plates and one linnen apron , the property of John Philips , August. 1 . + .

John Philips . I live in Coleman-street, at the Blue Anchor, near London-Wall ; I lost thirteen plates in July, but can't tell particularly the days they were missing, by two or three at a time; the prisoner used to come to our house for water; I had some suspicion of her, and taxed her with taking them. She said, they were in Skinner-street, at one Wells's, a Pawnbroker; she went there with me, and asked for them herself; the pawnbroker told her to bring her mother. I desired the pawnbroker to let me have them, but she would not. I said, I'd pay for them, still she would not, but said, if they were such things she would deliver them at the Old Bailey. I charg'd the constable with the girl, and went to the pawnbroker again; she would not let me have the plates; then I got a warrant to search her house; we search'd a good deal, but could not find them, at last, by persuading her, she sent her girl into the cellar, who brought them up (thirteen plates produced in court, and depos'd to) the girl confessed before the constable and two or three gentlemen, that she stole them from my kitchen. I found the linnen apron at another pawnbroker's, one Hughs's, at the upper end of Long-Alley; the prisoner went with me; the plates were pawn'd for 4 d. a plate.

Q. What are the plates worth a-piece?

John Philips . They weigh'd above a pound a plate.

Q. Is Wells here?

John Philips . No, my Lord.

(The apron produc'd in court, and depos'd to by the prosecutor's wife)

John Townsend , the constable, depos'd to the prisoner's confession.

Thomas Hughs . I took in this apron on the 18th of July, and lent the prisoner at the bar 8 d. upon it.

Prisoner's Defence.

I was set on to do it by a creature that is not to be found; she liv'd in Petticoat-Lane, and I deliver'd the money to her. I am but thirteen years of age.

Guilty 10 d.

[Whipping. See summary.]

428. Elizabeth, wife of William Knott , was indicted for stealing one bed blanket, value 2 s. the property of Charles More , August 23 .

No prosecutor appear'd.

Acquitted .

429. (M.) Cadman Griffin was indicted for stealing 6 iron bars to a copper, 3 iron hinges, one iron bolt and ring , the goods of John Gee , July 23 + .

The Prisoner lodg'd in the prosecutor's house, in Knightsbridge , in the same room where the goods mentioned were in a basket; they were missing; the prisoner taken up; after which he confessed he had taken them away and sold them, and to whom; by his directions they were found, (produced in court, and depos'd to)

The prisoner in his defence said the prosecutor ordered him to take them and sell for him, which was denied by the prosecuter upon his being asked whether he did or not.

Guilty 10 d.

[Whipping. See summary.]

430. (M.) William Webb was indicted for stealing one pair of velvet breeches, value 30 s. and one half guinea, the property of Richard Pollard, in the dwelling-house of John Adcock , Aug. 2 + .

Richard Pollard . I live in Lumbert Court , near the Seven Dials, in the house of John Adcock. I missed a pair of velvet breeches with half a guinea in them on the 2 d of August; the prisoner lodg'd in the same house; he was taken up upon suspicion by a pawnbroker for stealing them; he is not here; I found the breeches again that afternoon in the hands of the constable, ( Produc'd in court, and depos'd to) I never saw the half guinea afterwards.

Q. Did the prisoner own any thing?

Pollard. He said he bought the breeches.

Q. How long had you had them?

Pollard. I had had them about a week.

Q. How long had the prisoner lodged there?

Pollard. Before I came there, but he was not always there.

Q. When had you seen the breeches last?

Pollard. I missed them on the Friday, and I had seen them on the Tuesday before; they were hanging on a pin.

James Murry . On the 2d of August Mr. Lediall, a salesman, sent for me, and gave me charge of the prisoner. The breeches were produc'd, and he charged the prisoner with stealing them, and desir'd he'd give him his money again; the prisoner gave him two half crowns and a shilling, then two shillings, then he went before Justice Withers, and he committed the prisoner, then the prisoner declared he had stole them in Lumbert-Court, and gave me directions to the owner; he said he took them that morning; he also acknowledged in Bridewell he had the half guinea that fell out of the breeches, and bought himself a pair of leather breeches with it.

Prosecutor. I heard him acknowledge in Bridewell that he had the half guinea.

Prisoner's Defence.

I bought these breeches of one John Marchant , who lodged in the same house, and said he sold them for want of money.

For the Prisoner.

James Mathews . I live in Bridgewater-Garden; I have known the prisoner 6 years, he lodged with me three or four years ago, I never heard any ill of him.

Comfort Aubury. I have known him from a child, and never heard any ill of him in my life till now.

Elizabeth Webb . I have known him from his infancy.

Q. Have you known him lately?

Webb. I saw him three years ago, and never heard ill of him.

Q. Are you any relation of his ?

Webb. I am no relation at all.

Sarah Seley . I came from the same place he did, in Herefordshire. I never heard any ill of him.

Q. Have you known him lately?

Seley. I have not seen him since the last time he came up to London, which is a twelve-month ago.

Sarah Mathews . I have known him some time; he has been at my house within this month, he behaved very honestly then.

Guilty 4 s. 10 d.

[Transportation. See summary.]

431. (M.) Sarah Smith , spinster , was indicted for stealing one silver watch, value 50 s. the property of George Roe , privately from his person , Aug. 27 ++ .

George Roe . I am servant to Mr. Hawkins, at the White-Horse, Piccadilly. I drive post chaise, and know the prisoner from going backwards and forwards to Dartford, her mother was cook at the Rose there.

Q. What do you charge her with?

Roe. I charge her with nothing at all. I went with her to the Portobello, in the five fields, Chelsea, on the 27th of August There I got very much in liquor. I sat on the bench, and whether I pull'd out my watch to see what o'clock it was I can't tell. I had it when I sat there, I lost it, and she sat by me on the bench.

Q. Have you any reason to suspect she stole it ?

Roe. No; none at all.

Q. Did you find it afterwards?

Roe. Yes, Mr. Howard awak'd me, and asked me if I had lost my watch; I missed it, and said I had lost it.

Q. Did you ever get it again?

Roe. No, my Lord, he said he saw the prisoner take it from me, he charged the prisoner, and sent for a constable, she fell a crying.

Q. Did she own the taking it?

Roe. I can't say whether she did or not. I was much in liquor. She was carried before the justice, she was charged there with taking it, but I can't recollect what passed, or what she said. I have been in her company before, and I do not suspect she took it from me.

Samuel Howard . I am a Marshall Court officer, I found a watch in the woman's custody. I saw her have a watch in her hand, which I thought not to be her property being the man in liquor. I awaked him, and asked him he had lost any thing; he said, no; he searched, and said, I had a watch, and have lost it, and I shew'd it him; he said, he gave her leave to take it.

Q. to Prosecutor. Did you give her leave to take it ?

Prosecutor. I believe I did for security.

Acquitted .

432, 433, 434. (M.) John Everard , and William Lightholder were indicted for that they July 27 , 30 pounds weight of lead, value 1 s 6 d. the property of Jos. Reading , fixed to a dwelling-house, did , steal, take, and carry away , and Elizabeth wife of James Shepherd , for receiving the same, well knowing it to have been stolen ++.

Jos. Reading. I live in Clare-Market . On the 27th of July a neighbour of mine came and told me if I would look about I should miss some lead, and that the two men that stole it were at the Sun Alehouse, in Clement's-Lane. I went to the place, and found the lead was missing near the side of a still, then went to the alehouse, and found Lightholder there, and charg'd him with it. the other was run away. Lightholder said, if I would be favourable to him he'd carry me to the place where he had sold the lead.

Q. Did you promise to be favourable?

Reading. I did not. He carried me to Elizabeth Shepherd 's house, in Maypole-Alley, in Wich-street. There I found lead that answered the place, my property. I took it away, sent for a constable, and took the woman and Lightholder to Justice Fielding's; there was Justice Bedwell; when I came there Everard was there also. They both confessed they stole it in my hearing before the Justice; the woman had owned before she had bought it of them for 13 d.

Cross Examined.

Q. Did you promise them at any other time to be favourable?

Reading. I have said I would sign a petition in behalf of the two men, if they were found guilty, but that was after they had

Q. Did not you declare the only carrying on the prosecution, was in order to vict the woman?

Reading. I believe the woman is more to be than they, and if it had not been neighbours desiring me to prosecute her, I not have done it.

Eliot. On the 27th of July in the afternoon about four o'clock, I was standing at my I saw the two prisoners go by me, and Lightholder had a tool bag on his shoulder, he it the other; shoulder, it seem'd to be pretty heavy, I followed them to E. Shepherd's house, there I heard them throw it down in the shop, without asking any questions at all. I saw them come back again empty, putting money into their pockets; then I followed them to the Rising there they call'd for a pint of beer; I asked the landlord where hey work'd; he said, they work'd at one Mr. Barnard's, a distiller, in Clare-Market: thinking it was Mr. Barnard's, I went there, and he informed me it was at the next door, at Mr. Everard's. After that I went to the woman's house, and there we found the lead, 30 pounds. We took Lightholder and the woman before the justice, and when we came there, the other prisoner was there; they both confess'd it, and the woman said she gave half a crown and two pence half penny for it.

Cross Examined.

Q. Had the men the look of thieves ?

Eliot. No; they were journeymen carpenters.

Q. How could you tell it look'd weighty ?

Eliot. Because lead lies closer than tools.

Q. Is it a custom among carpenters to have lead that is cut up ?

Eliot. No, Sir.

Everard's Defence.

We did not take the lead from there.

Lightholder. We found the lead among some old rubbish.

Shepherd's Defence.

These two men came to my shop with this lead; they told me it was a bit of old lead. I asked them if they came honestly by it; they said, they found it; they asked a penny a pound for it.

I weighed it and gave them the money.

For Everard.

Kinton Couse. I have known Everard about two years, he has worked for me; I always looked upon him to be a very honest fellow.

Q. Would you trust him now if he was out ?

Reading. That is not the question.

Peter Richardson . I have known Everard about a year and quarter. I keep a publick house near the Mews Gate, and the prisoner frequented it. He is a very sober civil man.

Edward Glanvile . I have known Everard between three and four years. He has worked under the care of me, and I look upon him to be a very honest man.

David Egerton . I have known him about three years, but never heard any ill of him in my life.

Evan Jones . I have known Everard a year and half and upwards. I always did, and ever shall esteem him as an honest man. I am a taylor, and made him a suit of cloaths, which he would not have received without paying for them. But I forced them upon him, and he paid me according to his promise.

Thomas Cox . I have known him about a year and half, and he is the last person I should have suspected of such a fact.

John Everard . I am father to the prisoner. He has behaved very well, and need not want money if he asks it of me.

Brian Dunn . I know Everard, but never heard a bad character of him.

For Lightholder.

William Miles . I live in Abington Buildings, I know both the prisoners. They worked with me under my master at the time this happened. I I could have trusted my life in either of their hands. I was at the justice's, but did not hear them confess they stole the lead.

Prosecutor. One of them said at the justice's, he took it and handed it down to the other.

Q. Did you see this evidence Miles there?

Prosecutor. I don't remember I saw him there.

Miles. I was not there the whole of the examination.

Q. to the Prosecutor. Did they say they found it in the rubbish?

Prosecutor. I think one of them did say so, but it was not in the justice's hearing, I believe it was in the passage, before they confessed.

Q. Was the lead ever fitted to the place ?

Prosecutor. It answered in length, but not in breadth, that being altered.

James Titeridge . I am a joyner, and have known Lightholder about twelve months. I have worked along with him.

Q. What is his general character ?

Titeridge. He is a very honest man.

For Shepherd.

Ann Lack . Mrs. Shepherd is a very honest woman, I have known her seven years.

John Walker . I have known her some time, and always looked upon her to be a very honest woman.

Thomas Reyner . I have known her seven or eight years, and always looked upon her to be a very sober, honest woman.

Sarah Shutlock . I have known her six Months, she is a very just, fair-dealing woman.

Deborah Reyner . I believe I have known her four or five years; I never heard any thing of this kind before now.

James Drinkworth . I have worked for her these nine years; she is a very honest woman.

Benjamin Hughs . I have known her above twenty years; she is a very just woman.

All three acquitted .

435. (M.) John Thompson was indicted for stealing sixty fathom of rope, called tow-line, value 45 s. out of a certain ship called the Richard and Jane, lying in the river Thames , Sept. 10 . ++

Richard Simpson . I am master of the Ship Richard and Jane ; on last Monday we had this tow-line, and on the Tuesday Morning we missed it. The prisoner was taken with it upon him, but I have never seen it since.

Q. What is the value of it?

Simpson. 45 or 50 s. At least it was worth 45 s.

Samuel Bowman . I am a Waterman. On last Monday night the prisoner was drinking along with me: After that we went down King James's Stairs, there the prisoner took a boat and pair of sculls without leave; I know not whose they were. We went on board a ship at King James's Stairs. He handed down two pieces of tow-line to me, about three fathom of them both; then we went on board capt. Simpson's ship, there he took down the tow-line of the forecastle, I believe about sixty fathom; we put it in the boat, and carried it down to Ann Lee 's just before Limehouse-Bridge. About five in the morning we knocked at her door. She sent her servant down to open the door. It was weighed; there were eight hundred three quarters and fourteen pound; it came to 30 s. which she paid us. Mrs. Lee was the means of taking the prisoner into custody, and I was admitted king's evidence.

Richard Jennings . I am constable. About half an hour after ten o'clock last Tuesday night, Mrs. Lee sent her daughter for me to go and take a thief, who said her mother was in custody for receiving some stolen rope, and if I would go and take a man up, it might be a means of clearing her mother. I took him, but he would not make a voluntary confession. He mentioned this evidence as being concerned with him; so we went and took him, and he was admitted evidence against the prisoner. The prisoner owned the stealing the rope out of the ship, and said it weighed eight hundred three quarters, for which they were paid, and fourteen pounds they were not paid for. The rope is in custody of a headborough at Limehouse. The evidence has given information of several other facts committed.

Ralph Phillips . I am mate of the ship. I found part of this rope at Mrs. Lee's, having a warrant to search the house.

Q. How much of it?

Phillips. Twenty eight fathom.

Q. Are you sure it was the same rope that you lost?

Phillips. I am.

Prisoner's defence.

All the rope I had I left at Mrs. Lee's; I took a hatchet and cut it in half. I found it.

Guilty 39 s.

[Transportation. See summary.]

436. (M.) Mary Connor , widow , was indicted for stealing one silver watch, value 4 l. and 5 s. in Money numbered, the property of John Dobbins , privately from his person , August 17 . ++

John Dobbins . I live in Swallow-street, am a chairman , and ply at St. James's Gate. I was coming home from Highgate from work on the 17th of last month. This woman and another were standing by the corner of the life-guard stables in Oxford-road , a little before 11 o'clock at night; one of them called me by my christian name. I said, Do you know me? She said, Yes; are not you a chairman? I said, I am in the winter time. She begged me to give her a pint of beer. I went to the Wheatsheaf and gave them a quartern of gin, they chose that. The other said, Give us another quartern, that will serve us all night. I did, and then came out, and at the door the prisoner said, Will you not give me a buss before you go? and held me: I gave her a buss to get shut of her. In the mean time came a man with a knife and held to my belly, and said, If I stirred or resisted, he'd rip me open. This woman had hold of me at the same time. She took out my watch, and 5 s. in money.

Q. Did you feel her take it out?

Dobbins. I did. I had it in my pocket when I was in the house. They all three went away towards the fields. I advertised the watch. At last a man brought the watch on the Monday morning. The constable advised me to take the man that I was to give the reward to before the justice; there I paid the reward. The justice said he'd give me the watch when I found the thief.

Q. Did you know the man that brought you the watch?

Dobbins. Yes, his name is Stevens; he took his oath he found it in Oxford-road. On Monday the 19th in the evening, I went to the house where I had been robbed, and near there I found her. She would not confess taking the watch or money, only said she was in company.

Q. What is the value of the watch?

Dobbins. It cost me 5 l. new; to be sure it is worth 4 l.

Prisoner's Defence.

That man gave me a dram; I thanked him and made him a court'sy, and bid him good night. I never went nigh him, or saw his watch.

Guilty of single Felony.

[Transportation. See summary.]

437. (M.) Mary Slaughter , spinster , was indicted for stealing one silk handkerchief, val. 12 d. one pair of silver studds, val. 2 s. and one guinea , the property of Eliz Morris , widow , +.

Acq.

She was a second time indicted for stealing one linen cloth, val. 12 d. one linen handkerchief, val. 6 d. twenty pieces of pickled pork, val. 30 s. the goods of John Morris , Aug. 3 ; and Margaret Clark , otherwise Grigg , for receiving ten pieces of the said pork, and the linen cloth and handkerchief ; and Ann Duncomb , otherwise Dumbline , for receiving two pieces of the said pickled pork, part of the said goods, well knowing them to have been stolen. + .

John Morris . I live in Leather Lane , and am a pork butcher . The prisoner, Mary Slaughter , was my servant about nine weeks. 'Tis usual in our business to pickle up pork for the summer season. I had lost ten pounds worth of pork, without knowing how. I taxed the girl with taking it, and she told me, Margaret Clark had had of her a pound, a pound and a half, or two pounds, at a time, of pork stickings, hogs faces, and other things of mine, which she had taken and given her at several times; and likewise that she had given two other pieces and one sticking to Duncomb, and several other pieces to two others, whom we have not taken. I found upon Clark a linen cloth and a handkerchief, my property. When she heard Slaughter was taken up she absconded, and went to her mother at Battle Bridge. When I took her up she grumbled, and said, Duncomb had had, at several times, more pieces than she had, and confessed she had received pork and other things of Slaughter at several times after I had made my complaint to Mr. Creech.

Q. How many pieces did she confess she had received?

Morris. She said she had a great many.

Q. Did she name that great many by any number?

Morris. She said she had received six pieces or more and a linen handkerchief of Slaughter, and that she told her they were my property; and afterwards told me my handkerchief was lost the next night after she came into New Prison, and she wished the others that had received other pieces were there along with her.

Q. Did you find any thing in the possession of Duncomb ?

Morris. No, I did not.

Q. Did you hear her confess any thing?

Morris. No, my lord.

Q. Did you make Slaughter any promises of favour before she confessed ?

Morris. No, I did not.

Q. Did you threaten before she did?

Morris. No, my lord, I did not.

Josiah Gardner . I heard Slaughter say she stole several pieces of pork from Mr. Morris; and I also heard Clark say, that she did receive some pork of her, knowing it to have been stolen.

Q. Did you hear Duncomb confess any thing?

Gardner. No, I did not

William Cramplin. I heard Slaughter say, She has stole pork from her master several times.

Q. Did you ever hear either of the other confess any thing ?

Cramplin. I can't say I have heard them say any thing about it.

Richard Manwaring . I went with Mr. Morris to Newgate to see Mary Slaughter ; she there confessed to me that she had taken meat at several times, two or three pounds at a time.

Q. What Meat?

Manwaring. Pickled pork, and said Margaret Clark was one of the receivers of it.

Q. Have you ever heard Clark or Duncomb say any thing about it?

Manwaring. No, I never did.

Rose Sutherland. I know Margaret Clark has often offered pork to sell. I know nothing against Duncomb.

Margaret Whitall . I went into Peg Clark 's house once, and saw three Stickings of pork.

Q. Did she say which way she came by them?

Whitall. She said her mother-in-law gave her them.

Slaughter's defence.

Margaret Clark sent a woman for some pork, and I gave her some.

Clark's defence.

I never sent a woman in my life for pork; the woman went always of her own accord. I had some, but never sent for any.

Slaughter and Clark guilty , Duncomb acquitted .

[Transportation. See summary.]

438. (M.) Jer. Main , was indicted for that he, in a certain passage, near the king's highway, on Mary Foster , spinster , did make an assault, putting her in corporal fear and danger of her life, two calicoe window-curtains, value 2 s. the goods of Matth.ew Crush , and one linnen handkerchief, value 6 d. and 3 d. in money, the property of the said Mary, did steal, take and carry away , August 17 . +

Mary Foster . On the 17th of August last, between 6 and 7 o'clock in the morning, I was on the marsh wall, by the mill, at Poplar , walking along I was alone.

Q. What place is it? Is it a lone place, or among houses ?

Foster. There are no houses, it is an open field. I had two calicoe curtains in my hand belonging to Mr. Crush; the prisoner met me and stopped me. I was going over the water. He told me I could not get a boat there. He took me in his arms, and carried me into the rushes, betwixt the river Thames and the bank, without saying another word to me; there he used me in a very indecent manner.

Q. How long did you continue there?

Foster. I believe about half an hour.

Q. Did you both come out of the rushes together ?

Foster. We did, and went to Mr. Crush's house, about a mile from the place.

Q. How far did he walk with you before he took any thing from you?

Foster. About ten yards. He asked me for my bundle, and said he'd carry it for me. He threw me into a ditch at getting over a stile, my bundle fell out of my hand, and he picked it up. After that I asked him for it; he said he would carry it, for he was afraid it would tire me.

Q. How soon did you ask him for it after he picked it up?

Foster. It might be about ten minutes after he picked it up. When I got him to Mr. Crush's I bid him come in, and he would not, but went to the door, and offered to pull me out, and then ran up an alley.

Q. Did you meet with any body betwixt the rushes and Mr. Crush's house?

Foster. No we did not.

Q. What time did you get to Mr. Crush's ?

Foster. It was about half an hour after eight. As soon as I got into the house, I made complaint in what manner he had used me, and that he had got the curtains, my handkerchief, and 3 d. in money.

Q. How came he by the money?

Foster. He asked me for my money, and I refused him. He asked me again, and I gave him three pence.

Q. When was this?

Foster. This was just after he took me out of the ditch; my handkerchief was tied round the curtains. They went and took him with my Bundle.

Q. Had you ever seen him before?

Foster. No, never to my knowledge.

Q. Did you see any pistol he had ?

Foster. No, I did not.

Q. Did he strike you?

Foster. No, he did not.

Q. What did you say to him when he took the things ?

Foster. I said I'd treat him if he'd go into the town. I did it to take care of myself. He said he thought it would look odd for me to treat him.

Q. Where do you live?

Foster. I live servant with Mr. Crush's sister in East-Lane, Greenwich. I had never been of that side of the water before.

Q. In what manner did he throw you into the ditch?

Foster. When he came to the stile, he fell into the ditch and pulled me in after him.

Q. Was it a wet or dry ditch ?

Foster. It was a very muddy ditch, and we were both very dirty.

Q. Was he fuddled ?

Foster. Really I can't tell, for I never saw him before.

Q. from the prisoner. Did not you see the miller as we went by?

Foster. There was the miller at his gate; the prisoner said to him, Hallow.

Q. Did you call to the miller to assist you?

Foster. I did not. I thought he might be as bad as the other, and I was willing to get the prisoner to Mr. Crush's house.

Q. from the prisoner. Did I not ask you to go in at the first publick house to drink?

Foster. He asked me to go in at several alehouses, but I would not. I said, I would go to the farthest end of the street before I would drink.

Q. How long is the street?

Foster. It is a pretty long street. He came singing and whistling along the street.

Q. Is Mr. Crush's house at the end of the street?

Foster. No, it is past the middle of the street.

Matthew Crush . On the 7th of August this girl was sent from her mistress, my sister, for two callicoe curtains. She came to my house between five and six in the afternoon. I keep the sign of the three Foxes in Narrow-street, Ratcliff. My wife made her sit down and eat some bread and butter, and drink a dish of tea; after that she went away, the way she has here mentioned, for Greenwich, with the curtains. She came back to my house crying between eight and nine, and said she had been stop'd and used ill. I asked where the man was that stop'd her. She said he was gone up the street. A person looking out at a window, said he was gone up the court. I took a man with me; it being no thoroughfare; I found the prisoner betwixt a shed and a necessary house at the upper end of the court. We seized him and took the things from him. He said he did not design to run away with them.

Q. Did she say she had been robbed?

Crush. No, she did not.

Q. What did you understand by her complaint ?

Crush. I understood she had been used very ill, but not in the way of robbery.

Q. Did you know the prisoner before?

Crush. No.

Q. Did she say any thing about her losing the curtains or 3 d?

Crush. No, she did not to me.

James Hone . I was at the door; I heard a man had got the girl's bundle; I went up the court with Mr. Crush, there we found the prisoner with it under his arm. He had but very little to say for himself.

Q. Did you hear him say how he came by the bundle?

Hone. No, I did not. The girl said, he threw her into the ditch, and she dropped the bundle and he took it up. And that he had asked her for it twice before, and she would not give it him.

Prisoner's defence.

When this girl came over the stile, she said, she was a-dry. I said, I had no money till I came to town. She said, she had got some half-pence, and half a crown. She gave me 3 d. to go to a publick house, and when we came to a publick house, she would not go in with me, and I returned her her 3 d. again.

Q. to Prosecutrix. Did he return you your 3 d. again?

Prosecutrix. He did, in Mr. Crush's house, after he was taken and brought in, and I had ask'd him for it.

To his character.

Thomas Gibson . I am a taylor, and have known the prisoner about 18 months; he worked with me about 6 months, he behaved well then.

Q. How long is that ago?

Gibson. About a year or ten months.

Q. How has he behaved since?

Gibson. I know nothing of him since?

Sarah Powers . I did keep the Foxes, the house now Mr. Crush has. The same night this man was taken, I was there, the girl came into a box, and asked a man to come in and drink a pint of beer, seemingly in a civil manner; no man coming in, the girl said, the man had got her bundle; she was ask'd what man; she said, she did did not know, but he was a taylor. Mr. Crush and other people went out and up the court, and brought the prisoner in. The girl declared before the justice, the man did not take the bundle from her, but as he was helping her over the stile, they both fell down, and he took up the bundle, she ask'd him fol it, and he told her he'd carry it, fearing it should tire her.

Q. Did you hear her say she consented to his carrying it?

S. Powers. No, I did not.

Q. Did she say he would not give it her?

S. Powers. No, she did not, and she said, he said he'd take her to a lodging. She answered, which way will you get a lodging? he said, he'd pawn his coat; she said, no, how sadly you'll look without a coat, we had better pawn the bundle. First of all she said they were down in the rushes, and she spit; he said, d - n you, do you spit at me; she said, no, but she was very dry, and wish'd he'd go and get some beer; he said, he had no money, have you any? She said 3 d. he said, give it me, and I'll go and get some beer; she gave it him; he asked her to go in at several alehouses going along; she said, no, she would go to the end of the street if it was ever so far.

Q. How far is Mr. Crush's house from the end of the street?

S. Powers. It is pretty near the end of the street.

Q. How far is it from the rushes to Mr. Crush's house?

S. Powers. It is about a mile distant.

James Hosier . I am a master taylor in Panton-Square, St. James's, the prisoner has work'd for me several times off and on; any hour he was with me he might have deprived me of a good many things; I believe him to be an honest man.

Peter Vyan . I am a master taylor in St. James's, I have known him 3 or 4 years, he work'd with me from the 24th of May to the 15th of June last; I never found any thing of him but that of an honest man.

Acquitted .

239, 240. (M.) John Dukes and Richard Dukes were indicted for stealing 120 pounds weight of lead, val. 8 s. belonging to William Greenhill , fixed to a certain workshop belonging to the said William, August 9 . + .

William Greenhill . I live in Portland-street, Mary-le-bon parish ; between the 18th and 19th of last August I lost from off my shop a leaden gutter, about 120 pounds weight; the prisoners are nightmen , and live in Tyburn Road; I was informed there were some lead stealers taken up, and carried before Justice St. Lawrence; I went there, and saw the lead, but he had committed the men, which were the two prisoners at the bar; I measured the lead, and then went and measured the gutter, and found it fitted exactly, only about two foot and half of lead was missing.

Q. Did the prisoners confess any thing?

Greenhill. They said, they found it cut as it then was behind Bedford house.

Henry Jones . I am constable; one of our watchmen came to my house on the 9th of August and told me, that a man had brought some lead to his lodgings, and his landlady came and complained, and wanted us to come to know how he came by it. Her name is Wilsdon; I went to her house, the two prisoners lodged there; I went up stairs, and knocked at their door, Richard Dukes opened it; I told him I was informed he had brought some old lead in; he said, there was none there; I asked him if he was sure of that; he said, yes; I said, I must examine the room, then he went down stairs; I left him in charge of the watchman, and searched the room; I opened a closet door in the room, and there found the other prisoner lying fast a-sleep; I awak'd him, and asked him the same I had his brother; he said, there was no such thing; I turn'd the bed up, and under the feet of it, I found the lead lying in 5 pieces; he went down stairs, I called to the men below to stop him; then one prisoner said the other brought it, and the other said he brought it. We took them before the justice, there they both said they found it in the long field, near the Duke of Bedford's, in a dry ditch; they were committed; I advertised the lead, and the next day the prosecutor came and look'd upon it, and said it was his.

Mary Wilsdon . The two prisoners had lodged at my house for twelve years; a woman that lodges in the next room to them came down and told me she had heard a noise in the prisoners room, and she peep'd in, and saw some lead lying.

Q. When was this?

M. Wilsdon. I don't know the day, but I believe it is about five weeks ago; I went up and looked in, and saw the lead lying on the ground; then I sent for the constable.

Q. What sort of lead was it?

M. Wilsdon. It was flat sheet lead.

Q. What time of the night did you see it?

M. Wilsdon. I believe it was about seven in the morning.

Susanna Merchant . I lodge at Mrs. Wilsdon's. As I sat at work I saw the lead in the prisoners room, I came down and told my landlady.

John Wise . I am a plumber, I saw the lead that was stopp'd at the constable's, I measured it, and also the prosecutor's gutter; it was 7 foot 10 long, and 2 foot 6 broad, one end was wider than the other.

Q. Do you take upon you to say, according to the best of your judgment, that the lead came from that place?

Wise. I do; it fitted in every respect, only there was one piece wanting.

Richard Duke 's defence.

We were out in the morning, going along the fields we saw this lead, we took it and carried it home, thinking it might be advertised.

John Dukes the same.

Both Guilty .

[Transportation. See summary.]

241. (M.) William Gordon was indicted for stealing 24 shillings in money, numbered, the money of Henry Meech , privately from his person , Aug. 24 . +

Henry Meech . On the 24th of August last I was at the Red-Cross, at Charing-Cross , drinking a little, I happened to fall a-sleep about half an hour after 8 in the morning.

Q. Was you fuddled ?

Meech. No, I was much fatigued with business over night, and drinking part of 2 or 3 pots of beer.

Q. What happened to you?

Meech. The prisoner picked my pocket of twenty-four shillings.

Q. How do you know that if you was a-sleep?

Meech. I have a witness here to prove that?

Q. Was you in a publick room?

Meech. It was in the publick tap-room.

Q. Had the prisoner been in your company that morning?

Meech. No, he had not; but I can't say but that I saw him that morning in the room.

Q. How long did you sleep?

Meech. It may be about half an hour or three quarters, then one William Adkins awak'd me, and told me he had seen the prisoner at the bar put his hand into my pocket twice, I searched my pocket and missed my money.

Q. Was the prisoner in the room when you awaked ?

Meech. He was;

Q. What pocket was your money in?

Meech. It was in my breeches left side pocket.

Q. What money was it?

Meech. It was 24 s. all in silver. Upon this I insisted upon having my money again, he refused it; there was another person with him, he went off, we took the prisoner before justice Lediard, and he after a time confessed the fact.

Q. What were the words he made use of!

Meech. He said he was guilty, and that it was the first fact. He likewise said the money which he had about him was my property, and the remainder of it the other man was gone off with, and said his name was William Price .

William Adkins. Betwixt 6 and 7 o'clock on Sunday morning, five weeks ago, I proposed to meet a friend of mine at the Red Cross; I went in and there saw the prosecutor asleep in the corner.

Q. Was you acquainted with him before?

Adkins. No. I called for half a pint of cyder, there I saw the prisoner sitting by the prosecutor, and there was another man sitting by the prisoner (they were both soldiers.)

Q. Were either of them near the prosecutor?

Adkins. The other man was close by him, and the prisoner was on the other side of a narrow table. I saw him put his hand over the table, and put it into the prosecutor's breeches pocket twice, as he was asleep.

Q. How wide was the table?

Adkins. It was about eighteen or twenty inches wide. I said to the prisoner, friend, you are doing a wrong thing, to a man that is asleep; he said I had no business with it. The second time I saw him take out four, five, or six shillings.

Q. Did you see the money?

Adkins. I saw it in his hand. I am sure there were four or five, if not more.

Q. What did he do with it?

Adkins. He put it in his pocket, and the man on the other side, said, let me give you 2 s. 6 d. for that half crown, which he did.

Q. Did you see him take that half crown?

Adkins. No, I did not, I saw none but shillings.

Q. Were there any other people in the room?

Adkins. There were a man and a servant maid there at the time, she was cleaning the room, there was no body but myself took any notice about it. I said to the man, when he awaked, pray, Sir, how much money have you in your pocket? he said, what is that to you? I said to be sure it is nothing to me, but I saw that man (meaning the prisoner) take some money out of your pocket. Then he said he had four or five and twenty shillings in his pocket, he put his hand in and said it was all gone.

Q. Which pocket did he put his hand in?

Adkins. His left hand breeches pocket; the same pocket which the prisoner put his right hand into, and take the money out. I desired him to give the prosecutor his money again, but he would not. Then the prosec utor desired I would see him righted. We took him before the justice, there he was searched, and five or six shillings was found upon him. He said two of them were his own, and that it was the first fact he had ever committed.

Prisoner's Defence.

I was coming from my quarters that morning, and saw the prosecutor, a soldier, and two women, who had been drinking together all night in Covent-garden; they asked me if I would go and drink share of a dram; I went along with them, we had half a pint of gin: one of the women that was along with them, said, they had had seven or eight pots of drink. They then went from thence to the Red Cross at Charing Cross; there the prosecutor fell fast asleep, and when he awaked he said he had so much money in his pocket on Saturday night, but that he had been with some vile women, and could not tell what was become of it.

Q. to Prosecutor. Are you very certain you had this money in your pocket when you went to sleep?

Prosecutor Yes, I am, for I counted it while I was in that house.

Guilty 10 d.

[Transportation. See summary.]

442. (L) Daniel Harris was indicted for stealing 8 s. in money , the property of William Wright , July 26 .*

William Wright. I live in Finch-lane, Cornhill , the prisoner is my apprentice , I had often missed money out of my till. On the 25th of July 1 put 23 s. in it, and the next morning there were but 15. As there was no body up but him at the time I missed it, I suspected him, and sent for a constable and charged him with him; then he was searched, and there was found upon him 5 s. 6 d. He confessed he did take it, and that he had paid 2 s. 6 d. of it away, towards paying for a pair of breeches.

John Box . I am a constable. On the 26th of July I was charged with the prisoner, on suspicion of robbing his master; on searching his pocket we found 5 s. 6 d. and a key that I saw open the drawer, ( he produced the key ) he owned the fact, and that he had paid the rest of the money to a taylor.

Prisoner's Defence.

I was in a fright and don't know what I said.

Guilty .

[Transportation. See summary.]

443. (L) Thomas Keel , otherwise Keen , was indicted for stealing one silver milk mug, val. 14 s. the property of certain persons unknown, Sept. 3 .*

Levi Joshua . The prisoner came to the Broad court, Duke's place, and offered a milk pot to sell for 3 s. 6 d. about three weeks ago, I don't know the exact time.

Q. Did he offer it to you?

Joshua. No, it was to other people near my door. The pot produced in court.

Q. Did he say it was silver?

Joshua. No, he did not in my hearing. I asked him how he came by it, he said his uncle gave it him, and after that he said he found it.

Lion Toby. I am constable. This evidence brought the prisoner to my house, and gave me charge of him, and said he had offered a silver chas'd milk pot to sell for 3 s. 6 d. I asked him how he came by it, he said his uncle gave it him, but could not tell where he lived. After that he said he found it on a dunghill, I think somewhere near Croydon.

Prisoner's Defence.

I was in the country about eleven miles from London, I found this mug. Coming by Aldgate there was a Jew standing, who asked me if I would sell it, I said yes: then he said come along with me, and carried me to a publick house, where I gave him two pints of beer. Then he went out a considerable time, and came in again, and said he would go and weigh it. After that came in this man, and a man that had it in his hand flung it away, they took it up and secured me.

Q. to Joshua. Was there another man with him?

Joshua. There was, but he ran away, and the prisoner was going to run away too.

Acq.

444. (L.) Sarah Bloss , spinster , was indicted for stealing one child's linen frock, three linen aprons, two child's caps, one linen shirt, and four guineas, the goods and money of Thomas Barlow , in the dwelling house of the said Thomas, September 1 . *

Thomas Barlow. I live in Star Alley, Benchurch Street . On the 10th of July having missed several things, I suspected the prisoner, and desired Susannah, Le'ban to search her box, she did, and found several things there, a shirt, a child's apron, caps, a linen frock, and such things. Produced in court and deposed to. The prisoner was recommended to me by one Morgan, who keeps an intelligence office in the Minories; on the 20th of August, and on the 22d I had a mohogany table drawer broke open with sixteen or seventeen guineas in it. After these several other things were found upon her. She confessed she had given the money to Mr. Morgan. We took her before Mr. Alderman Chitty, and there she confessed the taking the things mentioned in the indictment, this she did before three witnesses, and she went and fetched the thing with, which she wrenched open the table drawer, which was a tool I use, being a bookbinder, called a fillet. Produced in court.

Susannah Le 'ban. I was sent for to the prosecutor's house on the first of Sept. when I came there he told me he had been robbed, and mentioned the things missing. I said who do you suspect? the prosecutor's wife said her servant. The prisoner immediately fell on her knees, and owned she had broke the drawers, and said she should have the things again, but the money she had given away to Morgan, excepting one guinea, which she gave to a doctor that had partly cured her of the soul disease. She said, come to my box, she opened it, and flung my things about out of it, some under the bed, and some under the chairs, and said she hoped they would forgive her.

The prisoner had nothing to say in her defence.

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

[Transportation. See summary.]

445. (M.) Elizabeth, wife of Thomas Prichard , otherwise Elizabeth Williams , spinster, was indicted for stealing one mohair counterpane, val. 30 s. 12 hand towels, one napkin, one linen bag , the goods of Theobald Taaft , Esq ; July 18 . +

Barbary Tomlinson. I live in Paradise Row, Brook-street, at the house of Mr. Sharp. I was Mr. Taaft's servant, and discharged when my lady went abroad; he lived at that time in Hanover-square : there was a crimson mohair counterpane missing of Mr. Taaft's, we suspected the prisoner, she was taxed with it about 6 weeks ago, and she confessed she did take it out of the house and bring it back again, and after that took it away again.

Q. When did you see the counterpane last ?

B. Tomlinson. I remember seeing it about a month before the servants were discharged. She said she would fetch it again in a quarter of an hour's time: she gave Mr. Finlesson and I directions where to find it, which was at Mrs. Strutton's, at Walthamstow. We went there, but there was no such name in the parish. After that she said it was at Ealing, that her husband had got it there. And after that she said she had cut it up.

Q. Did you ever find it?

B. Tomlinson No, we never did. The constable opened her box, and found the towels and 3 napkins in it, and a tea cloth.

James Finlesson . On the 20th of July Mr. Taaft employed me to dispose of the lease of the house, and sell the goods, and gave me possession the same day, and desired me to let the men and women continue in the house four or five days, till they were provided. They were paid their wages, and each had a month over. I agreed presently after that with Sir John Danvers for the lease and goods for 500 guineas: after which he and a gentleman with him. I and a person in possession looked over the goods and found a crimson mohair counterpane missing; I desired the person in possession to make diligent inquiry about it. After which the prisoner was taken up and brought to Mr. Taaft's house. I happened to be there. I asked her what she had done with the counterpane, she denied taking it for a little time, and at last fell down on her knees and owned she had it, and that it was at Walthamstow, and gave us directions in writing where to find it, but when we came there, there was no such person to be found as she directed. I understood there were two boxes of hers at a chandler's shop, I got a search warrant and went with the constable there and took the boxes away, and carried them to Mr. Taaft's, and opened them, and desired Mrs. Tomlinson, my lady's maid, to be present, because she knew the things; there were these other linen things found, which had Esq; Taaft's name upon them.

William Selley . I was put in possession of this house, and had been there three or four days before the prisoner would give up an account of the things to me according to the inventory.

Q. Did she acknowledge to you she had the counterpane?

Selley. Yes, she did; and kneeled down on her knees, and begg'd I would be her friend, and said the devil persuaded her to take it out of the house a fortnight before I came into possession.

Q. Did you hear her say any thing about the linen?

Selley. She said she had nothing against her but her master's napkins and rubbers. And in the Gatehouse she said there was nothing in her box that would appear against her.

Susannah Selley . I went in with my husband when he was put in possession. I heard the prisoner say she had taken the counterpane out of the house, and that she had nothing that would appear against her, but the linen in her box.

Ann Bowman. The prisoner carried a bundle to a house where I lodge, and left it there. I was desirous to look into it, which I did, and there I saw a crimson mohair counterpane.

Q. What time did she bring it?

A. Bowman. I believe it was about a fortnight before the talk of the missing of it.

Q. Who did she leave it with?

A. Bowman. With a neighbour in the next room to me, for me to take care of for her. When I came home and had seen the counterpane, I went to her and asked her how she could leave it there, and told her I could not sleep in quiet in my bed unless she took it away. My brother-in-law was then with me, and I desired him to take and carry it to her master Taaft's house; which afterwards he told me he did. She was servant with Mr. Taaft then.

Q. Did she own she brought it?

A. Bowman. She did, and said it would never be missed.

Q. Do you know any thing about the linen?

A. Bowman. I do not.

Prisoner's Defence.

As to the counterpane I know nothing of it. My master's man desired me to put up the linen, and said my master would be back again in Nov. and he would expect it of me, so I put it by.

To her character.

John Hughes . I have known the prisoner above a dozen years. She has behaved very honest and bore a good character.

Edmund Coe . I have known the prisoner almost 4 years, she always behaved honest and industrious.

Mary Reynolds . I have known her 4 years, she lived fellow servant with me almost two years, at Mr. Allen's, a Turkey merchant at Edmonton, she was a very honest faithful good servant as ever came into a house.

Guilty 10 d.

[Transportation. See summary.]

446. (M.) Thomas Heild was indicted, for that on the 5th of July, 1747, he did marry, and take to wife, Sarah Mills , spinster , and, after that, on the 29th of Sept. 1753 , he did marry Mary Jenings , spinster , his former wife being then living .*

Thomas Russels. I saw the prisoner married to Sarah Mills , but am not positive to the time, nor can I swear to the year, but know it was in the summer time, about 7 years ago.

Q. How came you to be there?

Russel. I gave her away at the time ?

Q. Were they married in the usual manner?

Russel. They were.

Q. Did they live together after ?

Russel. They did.

Q. Had she any children by him?

Russel. I believe she had two.

Q. Where were they married?

Russel. In the Fleet.

Q. By whom?

Russel. I don't know the gentleman that married them.

Q. Did he appear in the habit of a clergyman ?

Russel. He did. I think he had a gown on. I very well remember he was in black, and had a band on.

Q. Is the woman living?

Russel. She is.

Q. When did you see her?

Russel. I saw her a little time ago, he looks about, she is now in court.

Q. Had you any acquaintance with the prisoner before?

Russel. I had; he was my bed-fellow at the time he married the woman, and had been for 5 or 6 months.

Cross Examination.

Q. Can you recollect the year that the prisoner was first married?

Russel. I can't be punctual to that.

Q. Are you certain whether the person that married them had or had not a gown on?

Russel. I believe he had a gown on.

Q. Whereabout is this house, where he was married ?

Russel. 'Twas in Fleet Market, near Fleet Street, on the right hand side as you go from Holbourn, three or four houses from the corner.

Q. Have you been to inquire at any house for a register of a marriage with that woman ?

Russel. I did go by the desire of the mother about a month after they were married, to the same house for a certificate; but they would not let me have one under nine shillings. They thought she had been an heiress, and wanted a good deal of money.

Q. Have you not been lately ?

Russel. No, upon my word I have not.

Q. Do you know one Mr. Beech ?

Russel. No.

Q. Did not you offer money to a man to insert the register of the prisoner and Mrs. Mills ?

Russel. No, I did not.

Q. Did you offer a guinea at any time?

Russel. No, I never offered a farthing after that first time that I told you of.

Mary Jennings. I was married to the prisoner at the bar in the year 1753 at May Fair Chapel by Mr. Keith.

Q. Did you live with him afterwards ?

Jennings. I did near a twelvemonth.

Q. Was you worth any thing in money or effects at the time you married him ?

Jennings. I was worth about 74 l. at the time. I went and received it at the Bank after I was married, and bought me some goods; the rest of the money we spent. I had a little house at the time.

Q. Had you any children by him ?

Jennings. I had a child by him, of which I lay in within these three weeks.

Q. Did he know before he married you that you was intitled to something?

Jennings. Yes, I told him of it.

Q. to Russel. What was the ceremony that was performed?

Russel. I believe they were married as usual.

Q. Have you been married ?

Russel. I have.

Q. Was it the same as performed then ?

Russel. To the best of my knowledge it was in the same manner as mine word for word.

Q. Was there a ring?

Russel. There was.

Q. Did you hear him say he'd have her, and her say she'd have him?

Russel. I did.

For the prisoner.

Thomas Owen . I have kept a publick house in the Fleet ever since the 23d of March.

Q. Have you got any of the books of the marriages that were performed at your house?

Owen. I have got a pretty many of them.

Counsel. Look about and see if you can see a man that came to your house about the latter end of March, or beginning of April.

Owen. I see him; his name, as he told me, is Thomas Russel . He, and Sarah Mills , who pretended to be first wife, came to my house, and going up stairs, called me up, and asked me if they could not have a marriage entered seven years back in the name of Heild and she. I said, there was nothing to be done in that unless I had a mind to be hanged, since the late act of parliament. The man said he would satify me if I would enter it in the book. But I answered him there was no such thing to be done, and that I would not do such a thing unless I would get myself hanged.

Cross Examination.

Q. How often have you seen that Sarah Mills ?

Owen. I never saw her in my life before that night.

Q. How came you to start that word, the pretended wife ?

Owen. 'Tis my opinion they never were married.

Q. Who brought you here ?

Owen. I was subpoena'd; it was accidental.

Q. Had you ever any conversation with Russel till then?

Owen. No, never. They then drank a pint of wine in my house.

Q. How long have you known the prisoner?

Owen. I have known him seven years.

Q. Have you been acquainted with him seven years?

Owen. I have.

Q. Did not you know him when he lived in Spitalfields?

Owen. I did, and used to recommend him to some jobs.

Q. Did you then take him to be a married man or a single man ?

Owen. I used to take him to be a single man till this last marriage at May Fair.

Q. How came the prisoner to know that such application had been made to you about putting this thing in the book?

Owen. I let him know it.

Q. How came you to say your coming here was accidental?

Owen. I can't tell how I came to be subpoena'd here.

Q. Upon your oath did not you know that Sarah Mills and the prisoner lived together, or that he had children by her?

Owen. Upon my oath I did not.

Q. to Russel. When was you in the house of this witness?

Russel. I believe I have not been in a house in the Fleet these six years.

Q. When did you see the evidence Owen before ?

Russel. I never saw him to my knowledge till I saw him at Hicks's Hall when the bill was found.

Mary Jennings . The prisoner once told me they had put a false certificate in the books, and he wanted a guinea and half of me to go and get the leaf torn out. I told him there was no such thing to be done, and I remember he made me no answer.

Q. Do you remember his saying any thing at any time about Thomas Owen ?

M. Jennings. No, except this, he said that he knew him.

Q. Did you ever mention Owen's name to him?

M. Jennings. No, never.

Q. to Russel. Did M. Jennings ever mention Owen's name to you?

Russel. No, she never did. I have known her but till within these three months.

Q. to Owen. Was any body by when you had this conversation above stairs ?

Owen. Yes, one Thomas Beech , whom I called up to hear it repeated, and told him over and over before them what they wanted me for. They offered him a guinea at the same time to prevail upon me to do it.

Q. Did he know them ?

Owen. No.

Q. Where is he ?

Owen. He is gone to Harly Bush, and is not come up again.

Guilty .

As Sarah Mills the first wife was in court, and the verdict being given, the gentlemen of the jury desired to know of her whether she was willing to answer the question: Whether or not she went with Russel to the house of Owen as Owen had deposed. She answered she was willing to answer upon oath.

She was sworn.

Q. Did you go at any time along with Thomas Russel to Owen's house?

S. Mills. No, never since he kept it.

Q. Was you ever in this house with Thomas Russel ?

S. Mills. No, never. Neither was there any such thing offered.

Q. Was you ever at that house?

S. Mills. I went there with my brother to have a certificate, and offered 4 s. 6 d. for it. He searched the books, and said, my marriage was not there. I said, I was married there, and saw it registred.

Thomas Owen was committed to Newgate for perjury.

447. (M.) Charles Fleming was indicted for that he, on the king's highway, on Eliz. Hughes , widow , did make an assault, putting her in corporal fear, and danger of her life, and one metal watch, val. 4 l. the property of the said Eliz. from her person did steal , &c. Apr. 26 .*

Eliz. Hughes. I was going from one Ealing to the other between seven and eight o'clock in the evening of the 26th of April. There came a man with a mask on. He asked me for my watch and money, and I delivered my watch and some money.

Q. Did you see his face ?

E. Hughes. I did not.

Q. to Oroonoko. As you are a black, what religion are you of?

Oroonoko. I have been in England these four years, and have always gone to church.

Q. Have you been instructed in the christian religion?

Oroonoko. I have.

Q. Do you believe in God?

Oroonoko. I do, and his son Jesus Christ.

Q. Where was you instructed in the christian religion ?

Oroonoko. From the pulpit, but I never was christened.

Q. Do you know the nature of an oath?

Oroonoko. Yes, I do, and should think myself obliged to speak the truth, or I should not go to heaven.

He is sworn.

Oroonoko. I am servant to Mrs. Hughes, and was with her when she was robbed. The man who robbed her had a mask on, but he passed by me twice without it. I had taken notice of his horse, and observed his great coat.

Q. Did you see the prisoner at Mr. Fielding's?

Oroonoko. I did. He is the man that passed by me in Ealing twice, and he is the man that robbed my mistress with a mask on. I am sure he rode the same horse also.

Q. How long was it after you had seen him ride by that your mistress was robbed?

Oroonoko. 'Twas about a quarter of an hour after.

Q. What did you observe of the horse?

Oroonoko. I observed he had fine legs. When he passed me the second time I looked the man in the face.

Q. When was he taken ?

Oroonoko. I don't know.

Q. What coat had he on before the justice?

Oroonoko. He had the same great coat on that he had before.

Q. Did you see the horse after that time?

Oroonoko. No. But I knew him again when he came to the chariot side. I knew him directly.

Q. How long is it since you saw him at Justice Fielding's?

Oroonoko. 'Tis about a fortnight ago.

Thomas Stockdale . The prisoner came our shop and offered this watch to pledge. [producing a metal one.]. He asked 36 shillings upon it. I shewed it to two or three gentlemen that came into my shop, and we talked about the dial-plate; it was a remarkable one, and instead of the twelve figures on it, there were the letters EDWARD HUGHES . While we were talking the prisoner went out, and left the watch behind. After that he sent me a letter and gave me descriptions of the watch, desiring me to send it by the next post.

Q. to prosecutrix. Look at this watch. Do you know it?

Prosecutrix. I have wore it three or four years. 'Tis my son's, and his name is round the dial-plate. This is the watch I was robbed of.

Q. to Stockdale. When did he bring this watch to you?

Stockdale. He brought it to me the first of August.

Thomas Alderidge. I remember seeing the prisoner at Ealing last April, but can't say the day; I know it was the day. Mrs. Hughes was robbed.

Q. Had you any conversation with him there?

Alderidge. I had. He asked me what house that was; I said, Captain Hughes's. He asked me whether he was in town, and whether they entertained any company there; I said, no.

Q. What time of the day was this?

Alderidge. 'Twas about three in the afternoon.

Q. How do you know this was the day Mrs. Hughes was robbed?

Alderidge. Because the coachman told me that day they had been robbed.

Q. Was he on horseback, or on foot?

Alderidge. He was on horseback, but I can't remember the horse.

Q. Had he a great coat on?

Alderidge. No, he had not. But he had one buckled behind him.

Q. Did you see him after this?

Alderidge. Yes, I saw him at Justice Fielding's.

Cross examined.

Q. What colour was his coat that was buckled behind him ?

Alderidge. 'Twas of a darkish colour.

Q. What was the colour of the coat he had on?

Alderidge. 'Twas a dark blue grey. I think a close-bodied coat.

Q. Are you sure he is the same man?

Alderidge. I am.

Q. Did you know him when you saw him at the justice's?

Alderidge. I did by his face.

Q. How came you to remember him so well?

Alderidge. Because when I heard the coach was robbed, he was not then out of my memory.

Peter Moley . I remember that the day in the evening of which Mrs. Hughes was robbed I went into the King's Arms at Ealing between six and seven o'clock; there I saw the prisoner. He had a great coat on. He asked me where I lived, and who I worked for; I answered; that I worked for every family in the town. He said, Do you work for Captain Hughes? I answered, that I did; to-which he replied, that he knew him very well.

Q. What time was this?

Moley. I believe he got upon his horse to go away betwixt six and seven o'clock.

Q. Did you take notice of the horse?

Moley. I did not.

Q. Which way did he ride?

Moley. Towards Brentford, and Mrs. Hughes's chariot was gone that way before. He asked, whose chariot it was, and I said, Captain Hughes's. I met the chariot in the lane after it had been robbed.

Q. Had he a great coat on when he went away ?

Moley. He had; the landlady helped him on with it. That was brought out of the stable with the horse.

Prisoner's defence.

I am not the person that did the robbery, neither do I know any of these faces that swear against me. My father lived at Kendal in Westmoreland; he is now living at Whitehaven. I have a brother a clergyman in Bedfordshire. I live with my father-in-law; he is a butcher.

To his character.

John Upton . I am a victualler, and live in Oxford Road; I have known the prisoner above fifteen months, and never heard a bad character of him.

Q. What is he?

Upton. I took him to be a gentleman of a little fortune.

Q. Where did he live?

Upton. In Swallow-street.

Richard Beel . I live at Leeson Green, am a farmer, and have known the prisoner better than a year. I have often been in his company; he always behaved well; he was never extravagant; we all of us, neighbours, were fond of his company.

Q. Do you know how he gets his living?

Beel. We took him to be a gentleman of a little fortune. We used to say, how agreeable it was to live so frugal as he did.

Daniel Eastmund . I live in Prince's-street, Cavendish-square, and have known the prisoner about fifteen months. I never heard any thing of him but that of a very civil young gentleman.

Q. How does he get his livelihood ?

Eastmund. I know nothing how he supplies himself. We took him to be a gentleman of a small fortune.

Thomas Whitehead . I live in Princes-street, am a coach-maker. I believe I have known the prisoner above six months, and always took him to be a very civil gentleman. I used the house where he did, and never heard any thing but that of a civil man of him before this. I never saw him offer to be extravagant. He used to be publick in an open room.

Q. Where does he live?

Whitehead. I know not where he lives.

John Bird . I live in Cavendish-square, and have known the prisoner about four years. I was always fond to drink a glass of wine or bottle of beer with him. Every body that used the house where he did, were glad to be in his company. He behaved like a gentleman.

Acquitted .

448. (M.) Susannah Day , widow , was indicted for stealing one pair of silver shoe-buckles, value 8 s. one linen shirt, one linen shift, one cotton gown, and one linen apron , the goods of Thomas Bushel . August 15 .

Thomas Bushel . I live in the parish of St. Ann's, Oxford-Road ; on or about the 15th of August, I was robb'd of the things mention'd in the indictment. The prisoner and I both lodge in the house of Mrs. Brown, have each a room on the same floor. Missing the things, I went to enquire at the pawn-broker's, and found they had taken in some goods in the name of Susannah Day . I took out a warrant against the prisoner; she absconded for a night or two. After that she came home, and we took her to the round-house, and then to the justice, there she confessed she had taken the things mentioned out of my apartment, and where she pledged them. The justice granted a search warrant. She went with us and called for them. At Mr. Perry's we found a white apron, and the silver buckles at Mr. Carr's, and a shirt and gown at Aaron Resdel 's, the shift at another pawnbroker's but he is not here, his name is Pardy. All produced in court and deposed to.

Q. Were all these things taken out of your apartment ?

Bushel. They were.

Joshua Perry . I am a pawnbroker. This linen apron was pledged with me by the prisoner for 2 s. on the 2 d of July.

Charles Carr . The prisoner brought these silver buckles to my house, August the 12th, and had 3 s. lent her upon them.

Aaron Rosdel . The gown and shirt were brought to me and pledged by the prisoner at the bar.

Prisoner's defence.

I was egged on to do it by being made full of liquor.

To her Character.

Mary Randolph . I have known the prisoner upwards of four years; she is a very honest person, and gets her living by plain work.

Edward Whittal . I have known her about eight or nine years; she had always a good character.

Thomas Mumpford . I have known her about two years; I never knew any harm by her.

Guilty 10 d.

[Transportation. See summary.]

449. (M.) Elizabeth Hall , widow , was indicted for stealing one silver spoon, value 8 s. the property of Anne Fowke , widow , August 31 . +

Ann Fowke . The prisoner had lived near a month with me a servant ; on the last day of August I missed a silver spoon, and taxed her with taking it; she denied it. On the Monday after I missed the spoon, Mr. Porsham brought it. Produced in court and deposed to.

Q. How do you know this to be your spoon?

Fowke. Here is the fellow to it, producing one. They are both marked with a crest and initial letters of my daughter's name, M. F.

Mr. Porsham, I live in St. Martin's-Lane; am a pawn-broker; the prisoner at the bar brought this spoon to me on the 2d of September to pawn. She said it was her own. I seeing the crest was in part erased out stopped it, watched the prisoner, and saw where she went to, it being the prosecutrix's house. I went there and informed her of it.

Prisoner's defence.

When I liv'd at Knights-bridge, along with that gentlewoman, there were two large silver spoons out, and she said she would charge one of them betwixt a gentleman and I. I said, I'd swear fresh and fasting I knew nothing of it.

To her Character.

Mary Lounds . I have known the prisoner ten years next Christmas, and always took her to be a very honest industrious woman.

Elizabeth Finch . I have known her sixteen years and upward. She was servant to me the second place she lived in in London. I continued her a great while with me, and know nothing of her but honesty. I knew her to live extraordinary creditable at the Duke of Richmond's.

Guilty .

[Transportation. See summary.]

450. (L.) William Smith was indicted for stealing one linnen handkerchief, value 8 d. the property of John Younghusband , Aug. 13 ++ .

John Barnes . I was upon the 'Change, and saw the prisoner very busy at several gentlemens pockets; at last I saw him take a handkerchief out of a young gentleman's pocket, and immediately wiped his face with it; I immediately clapp'd my hand on his shoulder and turned him about, and called the gentleman to me, and ask'd him if he had lost any thing; he felt in his pocket, and said he had lost a handkerchief; I said, is this your handkerchief in this villain's hand ? for I had hold of his hand, and he had the handkerchief in it; he said it was his.

Q. What is the gentleman's name?

Barnes. He said he was Captain John Younghusband , we went with the prisoner to the Mansion house, there was no body there, so we went before the sitting Alderman.

Mr. Thradfield. I was at my duty at the gate at the Exchange; I keep the gate; I went to know the cause, seeing a crowd, and was told there was a pick-pocket; I saw the prisoner, whom I had known years before; he had been a sort of a clerk to Mr. Bridgwater, an attorney, who had an office in Pope's-Head-Alley; I took charge of him. (he produces a handkerchief ) This was delivered to me. I heard Captain Younghusband swear to it as his property.

Prisoner's defence.

Walking along by the 'Change I saw a handkerchief lying, I took it up and wip'd my face with it, which is all I know of the matter.

Guilty .

[Transportation. See summary.]

451. (M.) Edward Brocket was indicted for that he together with William Clemonts not yet taken, did steal one gelding of a black colour, value 10 l. and one gelding of a brown colour, value 12 l. the property of Jos. Bell , Aug. 28 . + .

William Bell . Jos. Bell is my father.

Q. Where does he live?

Bell. He lives at Symonside, 3 miles on the other side Hatfield. On the 27th of August last, at night, he lost a geldings, a black one, and a brown one.

Q. From whence did he lose them?

Bell. From out of a grass field.

Q. How was the black one marked?

Bell. He is a cole black one, may be a dozen years old with widish ears, and a little hollow in the back.

Q. Describe the other?

Bell. The other had a star in the forehead, one white heel on the near foot behind, and a swell'd hock.

Q. Were they riding or cart geldings ?

Bell. They were cart geldings.

Q. What is the value of them?

Bell. The brown one is worth 12 l. and the black one 10 l.

Q. When did you see them last before they were missing?

Bell. I helped turn them into the field on the 27th, at about half an hour after seven in the afternoon.

Q. What time were they missing the next morning?

Bell. They were missing about four.

Q. Do you know the prisoner?

Bell. No, I do not.

Q. Have you got the geldings again?

Bell. They were stopp'd at Highgate, and the next day I found them there.

Q. At whose house?

Bell. At Mr. Austin's just through the turnpike; it is the gatehouse; the horses were both in the stable, and the prisoner was gone before the Justice when I came there.

William Martin . I am a farrier, and know the horses. I have had them both in hand, I once bid money for one of them, and could swear to them any where; I and the prosecutor's son William Bell came to Highgate the next morning, having been told the two horses were stopp'd there, and there was a cart rope belonging to Mr. Bell, which they had taken to make halters of.

Q. to William Bell . Did you know that rope?

Bell. It was my father's, it was missing from the cart the night the horses were taken away.

Q. to Martin. Did you hear the prisoner confess any thing?

Martin. He was gone to the Justice's when I came there, I did not hear him confess any thing?

Edward Pickford . I am collector at the turnpike at Highgate. On the 28th of August last one Mr. Brown a quaker, from Luton, in Bedfordshire, rode up to me, and said, I beg you'll shut the gate, for this man coming with horses, I suspect has stolen them, for there was another man along with him, and he is run away, his name is Clemonts, and there were 5 guineas offered for the apprehending him from the town of Luton, the prisoner came up soon with the horses.

Q. What time was this?

Pickford. It was before five o'clock in the morning; the prisoner had got a grey mare, a black and brown gelding.

Q. Describe the geldings?

Pickford. The black one has no white about him, he is a little hollow in the back, with slouch ears; the brown one has a star in his face; the man was upon the mare, and they were tyed together with pieces of cart-rope. The prisoner wanted to go through; we stopped him, and told him he must not go any farther. for we suspected the horses to be stolen; he said, he knew nothing of the man that we told him ran away, but said he was coming down Barnet-hill, and that man was coming with the horses; he asked the man to let him ride as far as Hygate; we said, it was very particular for the man to let him ride on the saddle, and the owner to ride on the bare back.

Q. Was you by when William Bell came?

Pickford. I was; he and Martin came together, and I was with him when he swore to the horses before the Justice. Mr. Brown gave me a shilling for people to drink for keeping them till the people got up at the Gatehouse. After which I sent for the constable and secured the prisoner. Then I sent word by all the people I could going down, to tell it in the country that I had stopped a man and three horses, describing them.

Q. Were the same horses you shew'd to Martin and Bell the same you took from the prisoner?

Pickford. They were.

Thomas Beal . I am constable. On the 28th of August, a little after 5 in the morning, a man came and knocked at my door, and said, there was a man and some horses stopp'd at the Gatehouse supposed to be stolen : I got up and went there; the last evidence charged me with a mare and two horses; I ordered the Ostler to take care of the stable; then I was shewn the prisoner, and charg'd with him, whom I took down to my house, and sent word to Justice Cross that I had got a man for horse stealing; he sent word for me to bring the man to him, I did, and he examined him, and he was committed to New prison. The prisoner said before the Justice, as he was coming from Barnet, he overtook a man with these 3 horses, and desired the man to let him ride, and he let him ride upon his hackney; I said he was a good-natur'd man to let you ride upon the saddle, and he on the bare back; he said he could not ride on the bare back.

Prisoner's defence.

I was at work in Old-street ever since the Sunday before Whitsontide, my mate was taken ill, and could not work, and I went into the country to see for a mate to come to work with me; coming along down Barnet hill I met a man with these horses, I asked him to give me a cast to London; he said, Yes, I should ride if I would give him some beer. I called for a pint of beer at the Mermaid and changed 6 d. He went down the hill before me; there I overtook him. He asked me which I would ride, and was going to help me up on one. The horse tossed up his leg, so that I dared not get upon him. Then he said, if you please you shall get upon my little nag, and I'll ride him. I got upon his nag, and he on the other horse, and before we got to Highgate he said he wanted to ease himself, and gave me the lead horse in my hand. There were three gentlemen coming down the hill; he said he did not chuse to turn himself up in the road till they were gone by. Then he was going to let his breeches down, but started and made a move to go away. The gentlemen followed him, and he went in at a little hunting gate upon the right hand coming from Barnet. I stood to see what was the matter, a man said to me, Young man I'd have you take these horses up to the turn-pike and deliver them there, for I suspect they are stolen. I took them to the turnpike and stopped; but before I came there a man went to the turnpike, and ordered the man to take care of these horses, and he had as good also stop me.

Q. to Pickford. Tell particularly what the prisoner said when he came up to the gate?

Pickford. He said he knew nothing of the man or the horses.

Q. Did he want to go through?

Pickford. He did, and when I was for stopping him, he said, What is the meaning of it, we paid at the other gate? He said but very little for himself.

Guilty Death .

452. (M.) Ann Leddiard , spinster , was indicted for that she, on the 3d of August , about the hour of ten in the forenoon, the dwelling-house of William Prestage , did break and enter, no body being therein, one linen bag, value 1 d. one linen apron, one pair of linen sleeves, two linen caps, one linen handkerchief, one linen hood, two 36 s. pieces, one moidore, 35 l. 1 s. in money numbered, the goods and money of the said William, in his dwelling-house, did steal, take and carry away . +

William Prestage . I live at Isleworth , and am a Gardener ; my house was broke open six weeks ago last Saturday.

Q. What part was broke?

Prestage. There was a pane of glass (which had a crack in it and a bit of paper stuck upon it ) was taken out of the casement to a lower window.

Q. What time did you find it to be broke?

Prestage. My house is out of town, by the main road. I went out and locked the door, and left no body in it, and did not return till between seven and eight in the afternoon, but my wife came home between twelve and one. When I returned she told me she had lost the money.

Q. How much did you lose?

Prestage. The sum was upwards of 40 l. but we can't tell justly how much. It was taken out from the bottom of all our wearing apparel.

Q. Was the chest locked?

Prestage. It was, and the key put into the drawer in a chest of drawers that stood by.

Q. Were the drawers locked?

Prestage. No, they were not.

Q. What other things did you lose?

Prestage. I take no account of them; my wife can inform the court about them.

Q. When did you see the money last?

Prestage. I saw the bag with money in it the Sunday before.

Q. Did you know the prisoner before?

Prestage. She worked for me two or three days before this. She worked for me five days in all. When I missed the things, I searched for her but could not find her.

Q. Did you suspect her?

Prestage. We searched for any body that we could find. William young came to my door on the Monday morning, about four o'clock, and called me up, and told me he could tell me where she was that robbed me. He directed me to Brentford. I went and called at every house, publick and private, till I came about half way up it. I met a man there, who said he saw the prisoner that morning at Brentford Butts about 3 o'clock. Then I got intelligence she was in a publick house with three men. At last I found her in the Red-lion tap-house at Brentford. I ordered a man to go and fetch a constable; after which I took her to Justice Burkhead, there she was search'd, and 33 l. 18 s. 2 d. 1/2 was found upon her, and some linen. (He produced the linen bag.) This bag the money was in, in the chest; the money was found upon her in this bag. I am positive to it; it was given me about four years ago. Here is a mark upon it by which I can know it.

Q. Did you see any linen found upon her?

Prestage. There was.

Q. Was your wife by when she was searched ?

Prestage. She was.

Q. Did the prisoner make any confession.

Prestage. She made none.

Cross Examination.

Q. Whether or not at the time the prisoner was taken up she said any thing about one Elizabeth Pierce .

Prestage. She said she had the things delivered to her by some body, but never named the name.

Q. Did you not take two other persons up upon suspicion before you took up her?

Prestage. No, we took up but one.

Q. How did the prisoner behave when she was your servant?

Prestage. She behaved but very indifferent.

Mary Prestage . I am wife to the prosecutor. I went out a little before my husband the day we were robbed.

Q. How was the window when you went away?

M. Prestage. A pane had been formerly crack'd, and we put a piece of paper over it to keep the wind out. The casement was fast.

Q. What time did you come back?

M. Prestage. I came back by 12 o'clock. I found the key as usual where my husband and I used to lay it. The door was locked. I unlocked it, went in, and found the pane with the paper on it was taken out, but the window was hasped again as usual. The broken pane was just by the hasp. I began to look about to see what was lost. I looked into my drawers where my keys of my chest were, I missed a hood, a handkerchief, caps, and I can't tell how many things. I left them all upon the keys in the drawer. I took the keys to look into the chest, and my money was gone. There was upwards of 40 l.

Q. When did you see the money last?

M. Prestage. I had the bag and money and all in my hand that morning, and put it at the bottom of the chest under our cloaths.

Q. Was you at the justice's when the prisoner was there?

M. Prestage. I was; it was on the Sabhath-day. She had an apron then before her which was mine, taken out of my drawer that morning. I had laid it on my keys. Produced in court and deposed to.

Q. Look at this bag?

M. Prestage. As soon as I saw it I said I would swear that was our bag which the money was in.

Q. Did you see the money that was found upon the prisoner?

M. Prestage. I did, but could not say any thing to that; but here is a witness in court that took a piece of money which I can swear to.

Thomas Glasby , produced a 36 s. piece.

M. Prestage. I know this piece of money was in the bag with the rest. I refused taking it at first for having a nick in the head of it. I had it paid me at market in London. Mr. Glosby shewed it me on the Monday.

Cross Examination.

Q. What time did you go out on that Saturday morning?

M. Prestage. I went out about nine o'clock.

Q. Was the casement shut when you went out?

M. Prestage. I am sure it was, for I fastened up the hasp.

Q. Did you leave any body behind you besides your husband ?

M. Prestage. No, I left him alone in the house.

Thomas Glasby , I keep a draper's shop, and live opposite the market in Brentford. I was sent for to receive 17 l. odd money of Ann Goring . I went and received it, and I verily believe I took this piece of her. The prosecutrix came and asked to let her see the gold I had taken of Ann Goring . I shew'd her 3 pieces, a 36 s. piece, and two Guineas. I had not received the money above an hour, and had laid that money on the top of other money. I saw nothing extraordinary then to swear to in that piece of money, till she shewed me the nick upon it; then I took and mixed it amongst several pieces of mine, and she picked it out from them. I dare say she would pick it out from amongst a hundred.

Q. When did you receive this money of Ann Goring ?

Glasby. I received it about the beginning of the week, five weeks ago.

Ann Goring . I live in Brentford, and sell wearing apparel. On the Saturday evening that the robbery was committed, I took a 36 s. piece of the prisoner at the bar, but I don't know it from another.

John Lewis . I was at justice Burkhead's, on the Sunday morning about 9 o'clock, when the prisoner was there. She told the justice she knew nothing of the robbery. The justice ordered me to search her. She said she had but 2 s. in the world. I found 22 s. 6 d. and 2 d. 1/2 in her pocket loose; then in searching her by untying her petticoats at the bottom of her stays I found this bag, here produced, with gold in it; it amounted in the whole, silver and gold together, to 33 l. 18 s. 2 d 1/2.

John Sneely . I am constable of New Brentford, I was sent for to the Red Lion to take the prisoner in custody. I went and took her before the justice, there she said she knew not what they had brought her there fore : the justice ordered her to be searched, upon which the last witness and I searched her, and we found 22 s. 6 d. and 2 d. 1/2 loose in her pocket, and the gold in the bag by her side.

William Passingham . I heard the prisoner say a woman that was travelling upon the road gave her the money to keep till Sunday afternoon, when she was to meet her; this was after the money was found. She before that said she had but two shillings.

Mary Kilgrove . I live near Brentford bridge, on the Saturday, the day the robbery was committed, between 5 and 6 in the evening, the prisoner came and bought a pair of stays of me, I changed her a guinea, and she paid me, then she wanted a handkerchief, and desired to leave a bundle with me, she said she should be back again in about half an hour; she did not call, but hearing she was carried before a justice, I had her bundle searched, and there was found in it a pair of shift sleeves. Produced in court.

M. Prestage. These sleeves are my property, they were lying with the rest of the things, on the keys.

Thomas Arnold . I changed the prisoner a guinea on the Saturday night, she spent it all, excepting 5 or 6 shillings.

Prisoner's Defence.

I did not do it, the woman that left the money with me did it.

To her character.

Richard Lidiard . I live at Spinhamland in Berkshire, and am her father; she left me about five weeks before she went to the prosecutor's to work. She went to seek for work, to gather pease and strawberries. She was well brought up, and behaved well.

Alexander Halder . I live in Long-lane, I have been backwards and forwards at her father's house; I never heard any other of her but that she was very industrious.

Q. to Mary Prestage . Did the prisoner lodge in your house ?

M. Prestage. She did two nights, and lay out all the third, so we put her away.

Guilty of single felony.

[Transportation. See summary.]

453. (M.) William Hambleton was indicted for returning from transportation before the expiration of his time . +

The record of the court was read, where it appeared, that one William Hambleton was tried in last Feb. sessions, at the Old Bailey, for stealing 50 pound weight of rope, val. 5 s. the property of persons unknown.

That he was found guilty, and ordered to be transported.

Richard Jennings. I have known the prisoner 20 years; I am constable of St. Paul's, Shadwell, the watchman came to me on the first of this month and asked me if I had not heard of Hambleton's return from transportation, and of his threatening to kill him and all his brother watchmen. On the second I summoned all the watchmen together, and went in pursuit of him, and took him in Chamber-street, Shadwell, at a house where his mother and wife lived.

Q. Do you know any thing of his being tried before?

Jennings. I did not see him tried.

Jos. Nicholson. I assisted the constable in taking the prisoner in Chamber-street on the second of September last.

Q. Was he at large then?

Nicholson. He was. I had seen him two or three nights before that.

Ben. Turner. I was one that helped to take the prisoner.

Q. Do you know any thing of his being tried before ?

Turner. I was at his trial in Feb. last.

Q. What was he tried for?

Turner. For stealing of ropes from one Captain Lee. See numb. 182. in this mayoralty.

Q. Did you see him receive sentence ?

Turner. I heard the juryman say guilty, but was not here when he received sentence.

Q. Did you know him before?

Turner. I had known him some years before that.

Prisoner's Defence.

Please to call my commander.

Henry Carron . I am commander of the vessel called the Concord. I was at Maryland about the latter end of June last, there was great scarcity of men in all parts of Virginia and Maryland; I wanted hands, and applied to all people there to get me men.

Q. How many did you want?

Carron. I wanted five.

Q. What was the reason of this scarcity of hands?

Carron. Most of the ships had their men pressed for the king's service. One Steward, a master of a ship, offered me the prisoner, he was the prisoner's master at that time; he sent him on board my vessel, for which I was to give him a valuable consideration.

Q. When you set sail from Maryland, did you touch at any other place till you came to England?

Carron. No, I did not. I was under an absolute necessity of coming to England when we set sail with the ship.

Q. When was he put on board your vessel?

Carron. It was on the latter end of June.

Q. Did the prisoner express a desire of returning again, in obedience to his sentence.

Carron. He said he wished he could get back again, in consequence of his former sentence.

Q. What part of Maryland was you in when you took him on board?

Carron. We were in Tucksant river.

Q. How far is that up land?

Carron. It is thirty miles from the mouth of the river.

Q. Are you certain his master sent him on board?

Carron. I am, the mate brought him in his boat, from out of ship that lay above me in the river.

Q. How do you know his master gave him orders to come on board?

Carron. I believe the mate dare not have brought him without his master's orders; but he sent his mate to me, understanding I wanted hands.

Q. Did you talk with the master about it?

Carron. No, I never spoke to the master. I knew the mate, and likewise knew that he was Captain Steward's mate.

Q. How did you know that?

Carron. The mate told me so.

Q. Where does that ship trade?

Carron. It trades from Maryland to London.

Q. How long had she been in the Tucksant river?

Carron. I believd he had been in the river about a fortnight, but I cannot say justly as to the time.

Q. Did you see her arrive?

Carron. I did.

Q. Can you tell whether the prisoner was on board when she arrived?

Carron. I can't tell that, I heard the mate and prisoner too say he was on board that ship.

Q. Is that the transport ship?

Carron. No, it is not.

Q. Do you know the captain of the transport ship?

Carron. I do, his name is Dobins.

Q. Who were the owners of this ship?

Carron. I cannot tell that.

Q. Were there any other prisoners on board this ship, exclusive of the prisoner?

Carron. I can't tell that, I never understood that there was.

Q. How long is a vessel going from the port of London to Maryland ?

Carron. We count 6 weeks.

Q. When did you set sail for London ?

Carron. We weighed anchor July the 4th:

Q. What time did you get down to the mouth of the river?

Carron. I believe we got down on the 6th of July.

Q. Did you put the prisoner under any confinement the time you were coming down?

Carron. No, I did not.

Q. Did he express a desire not to go with you before you got down to the mouth of the river?

Carron. I can't say he did; but he frequently, when he was at sea, expressed a desire of going back again.

Q. Did you know he was a transport from England, at the time you took him on board?

Carron. Really I never considered that.

Q. If he had insisted to go on shore while you lay in the river, could you have hindered him?

Carron. No, I could not.

Q. What was you to give for him?

Carron. I was to give 8 l. to captain Stewart for him.

Daniel Hide . I am mate on board the Concord.

Q. Did you see the prisoner come on board?

Hide. No, I did not; I was below at work. We were greatly distressed for seamen at that time. There was an expedition going forward, and most of the seamen which were in the river were pressed.

Q. When did you see him?

Hide. I saw him the next morning after he came on board.

Q. What time was it?

Hide. It was towards the latter end of June.

Q. From Maryland to England did you touch at any place?

Hide. No.

Q. Do you know any thing of Captain Carron 's purchasing him?

Hide. No, I do not.

Q. How many days did you lie in the river after he was on board, before you got to the mouth of the river?

Hide. Ten or twelve days.

Guilty Death .

454. (M.) Thomas More , was indicted, upon the coroner's inquisition, for feloniously killing William Whittman , Sept. 3 .

Isaac Tompson . I was at the making of the battle between the prisoner and the deceased, last Sunday was seven-night in the evening, and they fought the Tuesday after at night. They had words about the deceased being turned from his work. Young Mr . Souch came and said to the prisoner, if you do not fight I'll kick you about; the deceased was very much in liquor at that time. After that they agreed to fight for a crown on the Tuesday night, to meet at 5 o'clock.

Q. How to fight ?

Tompson. To fight with fists. On the Tuesday morning the deceased called me up. We saw old Mr. Souch, he wanted them to make it up, the deceased said it was best: the old gentleman said he'd give them a dozen of beer to shake hands and make it up. The deceased and I worked together till half an hour after five, then he said, now, let us go and drink together, while we are friends, do you know Mr. Souch is to give us a dozen of beer, so we went to the Bull together, there was one Gilbert there, who said, I believe there will be a battle now, for I see one is come. The deceased said I am come to drink part of this dozen of beer.

Q. Did you see the battle ?

Tompson. No, I never saw More there. I left them; but I saw the deceased after he was dead.

Q. When did you see him dead?

Tompson. About twelve minutes after I left them, in a field behind the Bull Head.

Q. How was the deceased for health before they fought?

Tompson. He was a very healthy man at other times.

Q. Did you observe any marks upon the deceased's body?

Tompson. No, I did not.

Q. Did you hear More say any thing about it?

Tompson. No, I did not.

Edward Eagle . I was going by the Bull Head last Tuesday was seven-night, and saw the prisoner and deceased strip to fight, betwixt 5 and 6, as near as I can guess, I heard they were to fight for

Q. Who said so ?

Eagle. I heard them both mention it. They set to and fought for eight or ten minutes.

Q. Who struck the first blow ?

Eagle. They made many offers to hurt one another as much as they could. There were a great many blows, and a great many falls.

Q. What did they fight with?

Eagle. With their fists. More had the best of the battle at first, but Whittman had the best of it at the middle, till after a fall or two the misfortune happened. They both fell down together, and both struck at one time. I lifted More up, for he had chose me his second, but Whittman never arose more.

Q. How did they fall?

Eagle. They both fell on their sides. More was very much beat, and very weak.

Q. How was Whittman for health before they fought ?

Eagle. He was a very healthy hearty man before.

Q. Do you know of any grudge between them?

Eagle. I did not hear of any. They had been fellow servants together, and went with much good humour, shaking hands before they began, and saying they would drink together after the battle was over.

Q. Did you see the deceased after this?

Eagle. After he was laid out the next morning I saw him, he was very black down the left side, and was very much bruised.

Q. Do you think that happened by the blows, or by the fall?

Eagle. I suppose by the blows.

Q. Did you observe the face?

Eagle. I observed nothing there but a little bit of skin off his lip.

Q. How was the head?

Eagle. He had no bruises about the head, but his sides and arms were black.

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

Eagle. I believe he died of the wounds he received from that man, but the prisoner seemed, by outward appearances, to be more hurt than the deceased after the battle was over.

Thomas Lloyd . I saw the battle, and went into the field. There they both pulled off their shirts, hats, and wigs, and shook hands together. They were to have come into my house, and drink after the battle was over.

Q. Which agreed to that ?

Lloyd. They both agreed to it; they fought about ten minutes with their fists, and had blows on both sides. I believe they were down four or five times each.

Q. Did you see the last blow struck?

Lloyd. I did not, but heard somebody say the man was dead. I went to fetch some water for him, but he was quite dead. On coming out of the field I saw the prisoner cry, and heard him say he was very sorry.

Q. Did you observe the body?

Lloyd. I did, and that night there were but little signs of any thing, but the next day, about twelve at noon, he looked very black on both sides and his thighs; the bottom of his ribs looked very green. I don't know whether it was occasioned by the falls or blows.

Prisoner's Defence.

I ha d been at London on my master's business. Coming home the deceased sat at the door and said, You are d - n'd proud, that you will not speak to poor folks. I said, I could not stay, but would come presently. I went and came again, and he asked me to drink. I said, I would with all my heart, if he had been at another house, but I had swore I would spend no money there. I went home and fetch'd my supper and came again. He then got off his seat and said, Are not you a blackguard scoundrel, you deserve to be well lick'd. I said, I don't want to wrangle and quarrel with you, come another day and I'll fight you, but this is Sunday night. He said, D - n you, I'll fight you for a guinea or two, and aggravated me much. I believe, if it had not been for my master, I should have been abused by him and his brother. Then my master said, I should fight, so we put down a shilling each to fight on Tuesday. Upon his coming then he was not for fighting, but his brother put him on. When he went into the field, I said, William, do you intend to fight me? He said, As long as I have life in my body. Then we stripped, and shook hands. I said, I hoped there was no malice between us, and he said, no.

For the prisoner.

Samuel Souch . I was at the gate, and heard the prisoner and deceased quarrel. I stepped over to them; the deceased challenged the prisoner many times before he would fight him, but afterwards they would have fought that night if something had not prevented them, and upon this they put it off till half an hour after five on Tuesday. When the time came he asked me if Will Whittman was come, I said, no. I said, You shall not stir out of the door till he sends for you. Then there came a person and said that he was come. Then he went out, and going into the field they stripped to fight. As to the battle, I thought it was very fair, the prisoner had rather the worst of it till that blow by which the man dropped.

Q. Where did that blow fall on the deceased ?

Souch. As far as I could perceive, it fell somewhere about the ribs.

Q. Did you ever see the body after it was dead?

Souch. No, I did not.

Q. Are you the deceased's master's son?

Souch. I am.

Q. Are you the man that told the prisoner, if he did not fight the other you'd kick him about?

Souch. I told him I'd lend him the money.

Q. Don't you know that it is your duty when people are exasperated, to make up the matter ?

Souch. I was in hopes of making it up.

Court. That was not the way.

Souch. My father would have given them two shillings to spend to make it up.

Court. I am speaking of you. His behaviour was very proper, but yours was not.

Guilty Manslaughter .

[Branding. See summary.]

453. (M.) Robert Hoggard , otherwise Hogger , was indicted for not surrendering himself according to the king's order in council .

George Davey . I drew up this information, which is the information of Samuel Salmon , July 9, 1751. I went with Salmon to make it before Justice Fielding. He was there sworn, and subscribed his name; after that the justice put his name to the bottom of the certificate. He sealed and delivered it to me. I carried it on the 10th to the Duke of Newcastle's office at Whitehall, and left it with Mr. Jones, one of the under secretaries, who proposed to deliver it that evening or the next morning to the Duke.

The Information read.

The contents were: That the prisoner and eight other persons, whose names were mentioned. in company with others to the number of 30, and upwards, were unlawfully assembled, being armed with fire arms and other offensive weapons, at Horsham in the county of Norfolk, on the 8th of February 1746. in order to be aiding and assisting in landing and running uncustomed goods, &c.

Q. Did you see Mr. Fielding sign and seal the certificate ?

Davey. I did.

The Certificate read.

Wherein is certified by Henry Fielding , esq; to the Duke of Newcastle, the taking of the information, &c. dated the same day.

Mr. Sharp. I had the honour of attending his Majesty at Kensington on the 12th of July, 1751, and the Duke of Newcastle, who was then one of his Majesty's principal secretaries of state, delivered this information to his Majesty in council. I received the commands of his Majesty's council to issue an order of council, requiring all the persons informed against in that information, I think nine in number, to require them to surrender themselves within forty days after the publication of that order in the London Gazette, to either of the chief justices or others of his Majesty's justices of the peace; which order I did issue. He produced the order, dated July 12, 1751, signed William Sharp , clerk.

It is read in court.

Mr. Sharp. I sent one of the orders to the printer of the London Gazette, to be printed in the two succeeding Gazettes, I likewise sent another, word for word the same, by Mr. Thompson, one of the King's messengers, to Mr. Robert Knopwood , the high sheriff for the county of Norfolk on the 13th, for him to proclaim it according to the act of Parliament, and to order a true copy of it to be fixed up at the 2 market towns where proclaimed, upon some publick place.

Edward Owen . I am printer of the London Gazette, I received instructions from Mr. Sharp, with this order, to print the order in the two next Gazettes, which was accordingly printed on the 13th and 16th of July, 1751; both read from the printed Gazette, and compar'd with the original; the contents were desiring the nine persons mentioned, the prisoner being one of the number, to surrender themselves within the space of forty days, &c.

Mr. Thompson. Mr. Sharp delivered this order to me on the 13th of July, 1751, and I carried it to Mr. Robert Knopwood , high sheriff of Norfolk, and delivered it to him on Monday the 15th of July, and he gave me a receipt for it. Producing one.

Thomas Day . Mr. Knopwood was high sheriff in July, 1751, for the county of Norfolk, and I was under sheriff. I received from him this order in July, 1751, with directions to proclaim it, I don't remember the exact day, but I believe it was on the Wednesday after he had received it. (He is since dead. ) I order'd two copies to be made, and carefully examined them with James Coddingham my clerk, and gave him directions to go with the original order, and likewise these two copies, and proclaim the order at North Walsham and Great Yarmouth, the two nearest market-towns to Horsey in the county.

James Coddingham . I was clerk to Mr. Day in the year 1751, I received this order from him, and made two copies, and examined them with him, and on Thursday the 25th of July I went and proclaimed it at North Walsham, being market-day. I read it at the publick cross aloud about twelve o'clock, and in about ten or twelve minutes after I nail'd up a true copy to the cross. I went to Great Yarmouth on the next Saturday, and read it there about eleven o'clock in the publick market place, after that I put the other copy upon a post.

Thomas Kimmings . I know Horsey, it is in Norfolk, the two nearest market towns to it are North Walsham and Great Yarmouth.

Samuel Salmon . I gave information before Justice Henry Fielding against the prisoner and others for a fact committed on the 8th of Feb. 1746, of smugling at Horsey.

He is shewed the information.

Salmon. This is it, here is my name which I put to it.

Prisoner's defence.

I did not know any thing of it till after the forty days were over, then I was forced to go farther, had I came home time enough I should have surrendered; I never carried fire-arms in my life.

The jury found the issues for the King Death .

456. (M.) Thomas Incle was indicted for that he on the 21st of May , about the hour of one in the night, the dwelling-house of Sarah Parr , widow, did break and enter, and steal out thence two glass bottles full of brandy, value 2 s. one glass bottle full of geneva, and one glass bottle called geneva bitters , the goods of the said Sarah ++.

Sarah Parr . I live at Islington . On the 21st of May, between the hours of one and two in the morning, I was in bed with my daughter in a parlour, my little dog barked, I heard something padding, presently I heard a violent wrench, I called and said, You villains, are you going to rob me? After this they were still, then I heard a second noise, that was a pane of glass taking out at the window. I had four glass bottles stood on a table under that window when I went to bed. I heard them rattle, and called out a second time, What, you villains, are you still there? I am coming this minute. Then I laid still a little longer, and heard another noise, when I jump'd out of bed; and as I passed through the second room to tell another person, I heard them run away; then I went back and sat down in the parlour till I thought all was safe; I then opened the door that looked into the room where the bottles stood, and saw the window shutter was down; then r shut the door again, and fastened it, and sat down till I heard the watchman come by; I called him, and then went into the room and missed the four bottles. There was a bottle of cherry brandy, another of other brandy, one of geneva, and another of geneva bitters, all gone. The watchman told me he had seen three men over-against his stand drinking out of a bottle, but he knew none of them. About five weeks after, a man came and asked me if I was not robb'd about ten days before Whitsontide, and said he had got six fellows in Tothill-fields bridewell, and one of them is admitted evidence, he had confessed two robberies, and one of them was robbing me of four bottles of liquor, and desired me to come to Justice Fielding's; I went, the prisoner and evidence were there, but I knew nothing of them, for I saw no body.

James Weeden . The prisoner, John Simms , and I are night-men; we went all three together one day to the prosecutrix's house about 2 o'clock to see how the house stood; knowing her to be a widow woman that keeps a publick house we thought there were no men to oppose us; we concluded to break the house as near the bar as we could. We went from the Castle in Leicester-street, by Lickapont-street, the house we used, and got to her house about eleven at night, we thought it too soon to attack it, so we went to Holloway; we got to a farm-house, and thought to break that open, but it was too fast for us, so we went into a place and took a game cock and hen, and killed them. Coming back we met an elderly woman just by Islington church, Simms knocked her down and took from her one shilling and ten pence farthing, and an apron, which we sold for a shilling; then we came to Mrs. Parr's house, I pull'd three or four times at the window shutter, it would not come out, at last it did; after that the prisoner broke the glass, we took out 4 bottles of spirituous liquors, I took out one of them, and Simms three; then we broke the sash of the window, with an intent to get in, but some of the glass fell, and the prosecutrix struck a light and call'd out Thieves. We had a pistol and cutlass with us. There was a soldier in the house, we agreed the first man we saw to shoot or cut down, believing there was but one man at most, but the woman made such a noise we were forced to go away, knowing the watchman was very nigh; we went through the church-yard, and took a bottle of cherry brandy, and drank to the watchman, and bid him good night. We got to Leicester-street about 3 o'clock.

Prisoner's defence.

I am a hard working man, I am innocent of the fact.

Several persons appeared to his character, who all gave him a very good one.

Acquitted .

457, 458, 459. (M) Benjamin Ball , Joseph Curier , and Thomas Shovel were indicted for that they, on the king's highway, on Andrew Tate did make an assault, putting him in corporal fear, and one silver watch, val. 5 l. one pair of Bristol stone sleeve buttons set in silver, val. 5 s. one linen handkerchief, one snake-stone, one knife, one iron key, and 10 s. in money numbered , the goods of the said Andrew, did steal, &c. Aug. 1 .*

Andrew Tate. I came home from a voyage the last day but one in July. I had been seeing some of my friends the last day, and staid pretty late. Coming by Church Lane, Whitechapel , I met Mary Ann More , and asked her my way; she said, she would go home with me. I said, then she should drink some beer, and took her into the Rose and Crown alehouse; this was about eleven o'clock at night, or after, and we had two pots of beer. I took out my watch and found it past 12 o'clock. I had seen the three prisoners in the house. Being sickish, I came to the door and sat down on the bench, where I received several blows on my head. I am sure the three prisoners were all about me. They overcame me and abused me, and I lost the things mentioned in the indictment. I know Benjamin Ball took hold on me, and pulled me on the ground. I can't tell what the other two little ones did.

Q. Did you know Mary Ann More before?

Tate. No, I never saw her before that night. When she called out for assistance, the watchmen came up. The two little ones, that is Curier and Shovel, confessed the fact before Sir Samuel Gore in my hearing. I lost ten shillings in silver, but had some halfpence again.

Q. to Curier. How old are you?

Curier. I am going in twelve years of age.

Shovel. I am going in my fourteenth year.

Mary Ann More . On the 1st of August, between twelve and one o'clock, I was going with the prosecutor to shew him his way home, and we went in to drink at a house where I used to work. He went out and was sitting down on the bench very sick, I sat down by him. The three prisoners came round him, and all struck him on the head several times. To see whether he would speak Ball took him by his two shoulders, and pulled him from the bench upon the stones.

Q. What did you say to them upon this usage?

More. I said nothing to them till I saw they were robbing him. The two youngest were at his pockets, but I did not see them take any thing. Seeing Ball take his watch out of his sob, I knocked at the door, but they did not open it, although the candle was not out, and I called out as loud as I could to Mr. Stevens, the man of the house. I said to Ball when he was taking the watch, You have robbed the man of all you can, don't take his watch. He said, What need you care? you know nothing of the man, when we have robbed him you shall have part of it; this was before I called out for help. As the watchman came, Ball gave me the watch into my lap, and said, If you belong to the man take the watch, you bitch, blast your eyes. I clapped it into my bosom, and they ran away. As soon as the watchman came up, I gave him the watch, with some halfpence and a key, which they had flung into my lap.

Robert Medal . I am a watchman; beating my rounds I heard a noise in Church-lane; going towards it Ball met me, and said, A good morning to you. I said the same to him. I went a little farther, there lay the prosecutor on the ground. He said he had been knocked down. This evidence was by him. She gave me the watch, and said she had been used ill in taking his part; and she also gave me a knife, a key, and a bit of snake-stone.

Jos. Gaul. I was officer of the night; my watchman informed me he heard a noise, we went and found the prosecutor. The three prisoners were taken and carried before Sir Samuel Gore ; there Curier acknowledged he had done the fact, and said they had ordered him to break the christal of the watch, and bury under shore, and they'd say they found it.

Court. According to the evidence given, the watch was never out of Ball's Hands till he flung it into the evidence's lap.

Q. Did Ball acknowledge any thing before the justice?

Gaul. No, he did not.

Ball's defence.

It seems strange for me to throw this money into her lap that I never saw with my eyes before that night. I had been in the hous e for a pint of beer, and at coming out, there lay the man. I said, Hallow! who lies here? The woman said, It is my husband. I said, God bless your husband, and bid her good night, and went away.

Shovel and Curier's defence.

We never saw the man till we saw him before the justice.

All three acquitted .

260. 261. (M.) George Barker , and Elizabeth his wife , otherwise Elizabeth Moor , spinster, was indicted for stealing twenty linen caps, value 10 s. six linen handkerchiefs, two linen aprons, one pair of lawn ruffles, three linen sleeves, three muslin neckcloths, one clout, and two pewter plates , the goods of John Laws , August 6 . +

George acquitted , Elizabeth guilty .

262. (M.) Richard Price , was indicted for stealing one pair of silver shoe-buckles, value 20 s. one peruke, one stock, one pair of silver clasps, and one silk handkerchief , the goods of John Quigley , August 19 .

+ Acquitted .

463. (M.) Timothy Hinton was indicted for stealing one silk cloak, val. 10 s. the goods of John Peirie , Aug. 2 .

++ Guilty .

[Transportation. See summary.]

464. (M.) Isabella wife of William Duffey was indicted for stealing one wooden tea chest; val. 2 s. six silver tea spoons, val. 8 s. one silver strainer, val. 6 d. one pair of silver tea tongs , the goods of James Fould , July 20 .

++ Acq.

465. (M.) Mary Saunders , spinster , was indicted for stealing one dimitty robe, one lawn apron, two muslin curtains , the goods of Joshua Aaron , Aug. 28 .

++ Guilty 10 d.

[Transportation. See summary.]

466. (M.) John Flannegan was indicted for stealing seven 36 s. pieces , the money of Mary Rumfield , spinster , Aug. 14 .

It appeared by the prosecutrix's evidence, that the prisoner and she were married in an alehouse somewhere, she did not know where, on the 7th of August; that the man who married them was in black; she believes she did say, Yes, when asked if she would have that man to be her wedded husband, and they lay together the night after.

Acq.

Silas Dowling , capitally convicted in April sessions, received his Majesty's pardon, on condition of transportation for 7 years.

Ann Lewis , who received sentence of death last sessions, and Eliz. Jones , capitally convicted last sessions to be transported for life.

James Cobley and Mary Smith , capitally convicted last sessions, were executed on Mon. Aug. the 5th.

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

Received sentence of death 4.

James Young , John Hains , Robert Haggard, otherwise Edward Brocket, and William Hambleton .

Transportation for 14 years 1.

Margaret Clark , otherwise Grigg.

Transported for 7 years 27.

Henry Taylor , Daniel Harris , Eliz. Walters, Sarah Bloss , John Fletcher , William Smith , James Walton , Tho Varron , John Verity , Tho Lane , John Davis , Martha Lomack , John Dukes , Richard Dukes , William Gordon , Eliz. Prichard, Susannah Day , Elizabeth Hall, Mary Saunders , Mary Slaughter , Elizabeth More , Tim. Hinton, William Webb , Ann Lediard , John Tompson , Mary Conner , and Sarah Marchant , whose sentence was respited last sessions.

Branded 1.

Thomas More .

Judgment respited 1.

John Heal .

Whipped 4.

Susannah Pennel , Cadman Griffen, Eliz. Hare, and Ann White .

Silas Dowling , capitally convicted in April sessions, received his Majesty's pardon, on condition of transportation for 7 years.

Ann Lewis , who received sentence of death last sessions, and Eliz. Jones , capitally convicted last sessions to be transported for life.

James Cobley and Mary Smith , capitally convicted last sessions, were executed on Mon. Aug. the 5th.

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BRACHYGRAPHY: OR, SHORT-WRITING, Made easy to the meanest Capacity.

Wherein the persons, moods, and tenses, are comprized in such a manner, that little more than the knowledge of the alphabet is required to the writing hundreds of sentences, in less time than spoken.

The whole is founded on so just a plan, that it is wrote with greater expedition than any yet invented, and likewise may be read with the greatest ease.

mproved after upwards of thirty years practice and experience, and is of itself a sufficient Instructor.

By T. GURNEY, Writer of these Proceedings.

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