Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 16 September 2014), October 1754 (17541023).

Old Bailey Proceedings, 23rd October 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 23d, Thursday the 24th, Friday the 25th, Saturday the 26th, and Monday the 28th, of OCTOBER.

In the 27th Year of His MAJESTY's Reign. NUMBER VIII. for the Year 1754. BEING THE Eighth SESSIONS in the MAYORALTY of the Right Hon. Thomas Rawlinson , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1754.

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable THOMAS RAWLINSON, Esq; Lord Mayor of the City of London, the Right Honourable Lord Chief Justice RYDER *, the Honourable Mr. Justice BATHURT.+. WILLIAM MORETON ++ and others of his Majesty's Justices of Oyer and Terminer for the said City. and County.

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

London Jury.

John Wells ,

James Harris ,

John Gorham

Edward Martin

*John Makepeace,

* John-Bradford Wayte serv'd in the Room of John Makepiece, who was taken ill.

Robert Bright ,

Thomas Strutton ,

Samuel Hibberdine ,

Thomas Robinson ,

John Ballard ,

John Newcomb ,

James Crawford .

Middlesex Jury.

Francis Wilder ,

William Mathews ,

James Hamilton ,

James Hagget ,

Nicholas Wright ,

William Roby

Thomas Davis ,

Isaac Daniell ,

Richard Addison ,

John Spiller ,

Benjamin Rabbet ,

+ William Fleetwood ,

+ Robert Sopp serv'd in the Room of William Fleetwood , who was taken ill.

467. (M.) William Woolner was indicted for stealing one looking glass, val. 18 s. the property of Moses Willoughby . Sept. 30 . ++

[The prosecutor is a loom maker ; the prisoner had work'd journeywork with him. He used after paid off to come to his house. The glass was missing on the 27th of Sept. The print of a man's foot was seen, and a sleeve-button was found on the floor under where the glass hung. The prosecutor next day went to the prisoner's lodgings. and in his window saw the fellow button lying. The prisoner said he had lost the fellow to it, and sold it to the prosecutor for a halfpenny; who compar'd them and found them fellows. A search warrant was taken out, and the glass mentioned was found, where the prisoner had pawned it on the 30th of Sept.

Guilty .

[Transportation. See summary.]

468. (M) James Coveil was indicted for stealing 6 pounds weight of brass, val. 2 s. the property of Ambrose Denman , Oct. 10 ; and Thomas Jones for receiving it, well knowing it to been stolen* .

The witnesses could not swear to the identity of the brass as the prosecutor's property.

Both acquitted .

469. (M) Mary Gawhaguen , widow , was indicted for stealing one chest of drawers, val. 18 s. one iron stove, two looking glasses, one feather-bed, one bolster, one table, two smoothing irons, and one pail , the goods of Mary Hopkins , widow , Sep. 27 .

* Acquitted

(M) Lyonell Reculus was indicted for stealing one silver tankard, val. 4 l. the property of James Gerrard , out of the dwelling-house of the said James Gerrard , Sept. 20 . +.

James Gerrard . I live at the King's arms in Compton Street, St. Ann's . I lost a silver tankard the 20th of Sept. The Constable and Mrs. Reason brought it home 3 or 4 days after. She told me the prisoner had sold the body of it to her husband. We took the prisoner up, and had him in at Mr. Palmer's, a wine merchant. There, upon being charged with the fact, he confessed that he did it, and that he was alone when he did it

Cross Examination.

Q. Did he explain what he meant by the words did it ?

Gerrard. They talk'd of nothing else but the Tankard.

Mr. Reason. On the 21st of Sept. about 4 in the afternoon, the prisoner came to me and asked me if I would buy a bit of old plate? There was another person with him who stood at the gate. The prisoner pull'd out of his apron an old body of a tankard, and said his father was dead and left it between his sister and him, and bid me be exact in setting it down, that he might not wrong her of a halfpenny. I asked him where he liv'd. He said he was a neighbour, and served his time to a carver. I bought it of him. In the evening I saw an advertisement concerning it; then I went to one Mr. Norden, and he and I went about to look for the prisoner. I found him on the Tuesday after. He persuaded me to let him go to his mother. I took him there. She gave me my money again, and I let him go, not knowing the consequence. There he took me aside, and said he took it himself, and that no-body was with him at the time. After that he was taken again, and brought before Mr. Fielding: there he attempted to impeach one Gentery, upon which Gentery was taken up; but did not say Gentery was concerned in this, but in other robberies. Gentery wanted to be admitted an evidence; but they neither of them would make an ample confession, so the justice said they should both be tried.

Cross Examination.

Q. Was the tankard body old or new?

Reason. It was an old bruised battered thing.

Q. What are you?

Reason. I am a silversmith and sword-cutler.

Alice Montgomery . I am a goldsmith. I bought the cover of a tankard on the 21st of Sept. but can't say who I bought it of. I believe the prisoner is the man. He told me he serv'd his time to Mr. Gibson; and appeared a creditable man.

Q. What did you give per ounce?

A. Montgomery. I gave 4 s. 6 d. per ounce, in the whole 25 s. There is no hall mark upon it. When first he came to me, there was a lame man with him who had a crutch.

The cover is shown her.

A. Montgomery. I believe that is it, but I don't swear it, for it has been out of my custody.

Q. Did the prisoner tell you his name?

A. Montgomery. He told me his name, but I have forgot.

Q. Can you speak positively to the prisoner?

A. Montgomery. Upon my oath I cannot.

Q. Is the prisoner like the man?

A. Montgomery. I think he is.

Q. How came the cover out of your custody?

A. Montgomery. Mrs. Reason and the constable, and the prisoner's mother, came to me and paid me my money again, and took the cover away. I thought they had made it up.

Q. Do you believe it to be the cover?

A. Montgomery. I do.

Q. How long had you it in your custody?

A. Montgomery. I believe I had it till the Wednesday after.

Q. Who paid the money to you?

A. Montgomery. The prisoner's mother did.

Thomas James . I am the constable. I was ordered to search Mr. Reason's house, with a search warrant, for the body of a tankard. Mrs. Reason told me she could have me to a place where the cover was. She then took me to Mrs. Reculus's for the body of the tankard. After that we went to Mrs. Montgomery; there lay the cover in the show glass. Mrs. Reculus paid her 25 s. for it. This is the cover, it has been in my custody ever since. Mrs. Reason there compar'd the body and that together.

Q. Was the body delivered to you at Mrs. Reculus's?

T. James. Mrs. Reason might bring it from her own house for what I know; I did not see it before she took it out to try if the cover fitted. We went before justice Fielding, and he ordered the tankard into my custody. I was at the taking up of the prisoner, which was about a week after, at his mother's house. He voluntarily owned to me, he unhappily did this fact by himself.

Q. What were the words he made use of?

T. James. He said he took it from Mr. Gerrard's at the King's Arms in Compton Street, from off a little shelf in the bar. He mentioned Samuel Gentery and William Coats being guilty with him in other affairs, but accus'd no one in this.

Prisoner to Reason. Did not another person come first to you to know if you would buy a tankard?

Reason. There came a lame person with the prisoner, and I saw the prisoner give him 6 d.

Prisoner's defence.

I know nothing about stealing the tankard. Wm Coats came to me, and wanted me to go with him to sell the lid; I did to Mrs. Montgomery, and the body to Mrs. Reason. After that, my mother being terribly affrighted, paid for them both. After that the constable came and took me up.

He called 7 persons to his character, some of whom had known him 13 or 14 years, and others 3 or 4, all of whom gave him a good Character, exclusive of this affair.

Guilty Death .

Catharine Moon , spinster , was indicted for stealing one brass candlestick, val. 12 d. the property of John Frisby , Oct. 7 . ++.

Guilty 6 d.

[Whipping. See summary.]

471. (L.) Margaret Purser , spinster , was indicted for stealing one silver table spoon, val. 12 s. the property of George Gill , Sept. 27 .

John Meadows . I am servant to Mr. Gill; he is a baker . I was standing at the door about half an hour after one in the morning, waiting to let a gentleman in. The prisoner came and asked me for some small beer; I gave her about half a pint; she asked me for more; I told her if she would hold a candle while I tapt a cask she should have more, which she did; then she asked me for some victuals, I gave her some meat that was laid out for me.

Q. How came you to let a woman in at that time of night?

J. Meadows. I thought it was charity to give a poor creature a little beer.

Q. When did you miss the spoon?

J. Meadows. Our maid mist it the next morning; I went about my business with my bread; the mean while the spoon was offered to be sold, and she was stopt; when I came home my master asked me if I let her in? I said I did. As soon as I came home I saw the spoon.

Mary Reason . I keep a silversmith's shop. The prisoner came to me about 8 o'clock in the morning, and asked me if I would buy a spoon? I looked at it, and asked her whose it was? she said she came honestly by it. I said it was not hers, stopt it, and desir'd her to tell the truth and she should have nothing done to her. She told me a man took her down into a cellar, at a baker's, and pull'd off his coat and laid it upon a sack, then pull'd off his breeches, and laid with her.

Q. Did she say this at first when you stopt the spoon?

M. Reason. At first she told me she found it in the dust; I told her it did not look like that. I sent for a constable, and the mean while she said as before, and did not hesitate at all. I sent the constable down to the owner of the spoon, to see if he had lost one. The prisoner said the man was to provide lodging for her, and take her in keeping.

Prisoner's defence.

He took me in the cellar, laid a sack on the ground, and laid with me; he said he had no money in his pocket, so gave me the spoon, telling me to bring it the next night at one o clock.

Question to Meadows. Upon your oath was you great with this woman?

J. Meadows. I was not, and my master is here to witness I had half a guinea of my own, and 13 s. of his, at that time.

Acquitted .

472. (L.) Elizabeth Hammond , spinster , was indicted for stealing one silver watch, val. 30 s. the property of John Jolly , privately from his person , Oct. 2 . +.

John Jolly . I am a journeyman taylor . On the 2d of this month I had been drinking along with my shopmates. Going home through Stoney Lane between 7 and 8 o'clock in the morning (being in liquor, for I had been drinking all night) the prisoner came up to me, and asked me to go with her to her apartment. She went up stairs first and faced me, and I went up after her. She said if you'll stay here a little while, I'll be with you again soon. I stay'd about a quarter of an hour, when a woman came and said, have you lost your watch? I felt, and said, I had. She desired me to make haste and she would shew me the woman that had got it. I went down and saw a mob in the street. The woman pointed to the prisoner, and said, that is the woman that has got your watch. I went up to her, and said, huss y, you have got my watch? she said, No. Afterward she said she had it, and without I would give her 3 shillings I should not have it again. I ordered Stephen Gathern to go for a constable. He came. I desir'd Stephen Gathern to help me to take the watch from the prisoner; he 'spied the watch, and the chain of it, and pulled it out.

Q. Did you see Stephen Gathern take it out?

J. Jolly. Yes I did, from under her arm. We went into the house with the constable. The people in the street desired her to charge this Stephen Gathern with a street robbery. After I had got my watch I desired her to go about her business; she would not, but came into the house in order to take Gathern up as a street robber.

Q. For robbing who?

J. Jolly. For taking the watch from her.

Q. Did they charge Gathern with the Robbery, in taking he watch from her?

J. Jolly. She would have done it; she followed him with that intent. She was then carried before justice Jarvis; there she partly owned the lace.

Q. How did she say by it?

J. Jolly That I can't say.

Q Upon your oath did she not say you gave it her when you was above stairs with her?

J. Jolly No, my Lord.

Q How did she say she came by it then?

J. J. I can't say any further than I have.

Q. Did she not say you gave it her to lie with her?

J. Jolly. No, she did not say that.

Q. What did she say then?

J. Jolly. She opened it before justice Jarvis, and said she had took my watch.

Q. What was it she said?

J. Jolly. I really forget now, I was in liquor.

Q. You are upon your oath to tell the whole truth; what was it she did say?

J. Jolly. I cannot remember.

Q. Was you in liquor before the justice?

J. Jolly. I was pretty much in liquor.

Q. Were no persons in the room near you, beside the prisoner?

J. Jolly. Not one near me, there were two more in the room.

Q. Are you certain the prisoner took your watch?

J. Jolly. I am not, it was another woman came and asked me if I had lost it.

George White . I was going up Rose Lane about 10 o'clock on Wednesday morning; there were a mob of people; I stood to hear what was the matter; Jolly was charging the prisoner with picking his pocket of his watch; I saw Gathern take the watch from her, and heard the prisoner say she had it, and that he should give her three shillings before he had it again. When the prosecutor had got his watch from her he gave her a kick on the backside, and bid her go about her business; but she followed Gathern to charge him with a street robbery.

Stephen Gathern . I was accidentally going by, and saw some people beating the prisoner; I said they might charge an officer with her if she had done ill. The prosecutor desired me to go for an officer. I went. The constable said any body might stop a thief, and if we brought her down he would meet us. I heard the prisoner say, if you'll give me 3 s. you shall have it again. She had a hole in her gown under her arm. where I saw the watch. Mr. Jolly desired I would take the watch out; I did, but how she came by it, or what was their I know not. I heard her say that a woman in a brown gown gave it her Mr. Jolly said, if it is my watch minute hand is broke, and the is

The watch was produced in court, and deposed to by the prosecutor

Q. Did you see that woman in the brown gown, or did she point to the woman?

S. Gathern. No, I did not.

Question to Jolly. What sort of a woman was she that asked you if you had lost your watch?

J. Jolly. She was a pretty tall woman.

Q. Had she a brown gown on?

J. Jolly. No, she had not.

Prisoner's Defence.

He gave it me to lie with me; he gave it out of his own hand into mine, and said he had no money. I get my living by winding of silk.

Guilty of stealing the watch, but not privately from his person .

[Transportation. See summary.]

473. (M.) Valentine Row , was indicted for stealing six gallons of white wine, val. 30 s. and thirty two glass bottles. val. 6 s. the property of James Riley , Sept. 14 . ++.

It appeared by the evidence given, that the prisoner was intrusted as a cellar-man , and to deliver wines; the wine mentioned in the indictment, was delivered to him with others to carry out, which he never delivered; this appearing to be only a breach of trust he was acquitted

474. (M.) James Hambleton , and Macy his wife , were indicted for stealing one pair of linen sheets, val. 3 s. one blanket, val. 4 s. one pair of bellows, one pair of tongs, one harateen window-curtain, one brass candlestick, and one linen table-cloth, the goods of John Carey , out of a certain lodging room , let by contract to be used by the said James and Mary Hambleton as a lodging room aforesaid, Oct. 18 . ++.

Both acquitted .

475 (M) Mary, wife of - Price , a soldier, was indicted for stealing one linen shirt, two pair of worked stockings, one pair of cotton stockings, three pieces of cloth, and four shillings in money number'd , the goods and money of John Stock , Oct. 15 . +.

Acquitted .

476. (M.) James Harris , John West , and Ann Gibson , spinster , were indicted for that they upon Joseph Obrion did make an assault, putting him in corporal fear and danger of his life; and stealing from him one peruke, val. 2 s. 6 d. Sept. 8 . ++.

The prosecutor is a callico-printer ; he could neither tell the day of the month, nor the month when this thing happened; but said he was in liquor, and coming from Knight's Bridge into London, asking his way (of the prisoners and others) to Purple Lane, he was knocked down and lost his wig. It appeared to be a drunken quarrel.

They were all three acquitted .

477. (M.) William Cottom , was indicted for stealing one bay gelding. val. 30 l. the property of Ralph Burton , Esq July 19 .

Thomas Twells . The steward of Major Burton ordered me to take and put in the stable his cropt bay gelding. on the 19th of July, which I did. I am the Major's servant. I entrusted the prisoner with the key of the stable at 11 o'clock, to feed this horse at 12.

Q. How long had you known the prisoner?

T. Twells. He had been with me three weeks before. I miss'd the prisoner and the key. I was obliged to break open the stable door, and found the horse was gone. I was told by an ass-man that the prisoner was riding on him towards Hounslow; I went, and by making enquiry upon the road found the gelding at Belsound, at the Black Dog, the house of one Pryer. The prisoner was then taken up, and had before a justice of the peace.

Edward Pryer . The prisoner came to my house the 20th of July, about six o'clock; he asked for a dram of anniseed, after that he called for a pint of beer; he got off his horse; the ostler cleaned him; the horse sweat prodigiously; I asked him whose horse it was, and he said it was one 'Squire Buckley's, and that he was going to Salsbury to sell him, being ordered by the 'Squire so to do. I asked how the 'Squire came to trust him to sell him? he said he would sell him to me if I would buy him; I examined the horse, to see if he was lame or ailed ought, and found he was in health and sound. I asked him what he asked for the horse? he said 10 guineas; I then thought he stole him; I asked him if he'd take 5, and he said he would take 5 guineas and a half; then I gave him a guinea earnest, and said if he could prove he came honestly by him I would give him the rest, if not, I would take him before a justice of the peace. Then he said he brought him from the stable at the King's Arms in Swallow Street, and (upon my threatening him thus) he said if I would give him another guinea he would grab out his business. Then I charged a constable with him, and had him before 'Squire Goodchild, at legton. He told the justice he brought the horse from the King's Arms in Swallow Street. The justice desired I would go and find if there was any truth in that; and take him back till I returned, and then bring him again for his re-examination. I went; and when I came back again this Twells, the groom, and another man were in pursuit of the prisoner, and had got him at my house. The next day we went with him to the justice's, there the prisoner confess'd the whole of taking the horse out the stable, and I took the key out of his pocket; there his mittimus was made.

Archiba'd Trumble. I went along with Major Burton's groom to - and was at the taking of the prisoner into custody. on Saturday the 21st of July, and heard him confess taking the horse out of the stable, and riding away with him.

Prisoner. I leave it to the mercy of the court.

Guilty Death .

478. (L.) Thomas Smith , was indicted for stealing three pewter plates, val. 2 s. the goods of Richard Cleave , Sept, 14 . ++.

The prisoner was a journeyman with the prosecutor, a pewterer in Cornhill; he carried the three plates to Robert Pierce another pewterer, and exchanged them for pewter punch-ladles, who let his former master know of it. The plates were produced in court, and deposed to by the prosecutor as goods made for exportation, and which he had never sold, being a particular manufactory.

Guilty 10 d.

[Whipping. See summary.]

479. (M.) Elizabeth Woodcock , otherwise Bosswell , widow , was indicted for stealing six shillings in money , the money of John Shaw , Sept. 28 . *.

Acquitted .

480. (L.) James Tillie , was indicted for stealing one linen handkerchief, val. 16 d. the property of John Pecknall , privately from his person , Sept. 24 .*.

John Pecknall . I was going cross Thames Street into Darkhouse Lane , Sept. 24; the prisoner steped very quick after me; I felt something at my pocket; I felt in my pocket and missed my handkerchief; I turned about and saw the prisoner with it in his hand. I laid hold on him; he threw it on the ground; I held him by the collar with one hand, and took the handkerchief up with the other. Then I sent to Billingsgate for a constable; before the constable came the prisoner pulled out a claspt knife and opened it. One Mr. Wright, a shipwright, who knew me, coming by, assisted me, for there were then two other persons who I believe belonged to the prisoner, for they wanted to get him loose. The constable came and took the knife from him; then he was taken to Guildhall and charged with it, but he there denied taking it.

Q. How far was the prisoner from you when you mist your handkerchief?

J. Pecknall. I only took one step and laid hold on him; he had not had the handkerchief half a minute.

Q. What is the value of the handkerchief?

J. Pecknall. It cost as. it has been very little us'd.

Thomas Shorter . I am constable; I took this knife from the prisoner (producing one) there were two or three more persons with him when I first came to him, but they made off. We took him before Mr. Alderman Alexander, and he was committed.

Prisoner's defence.

I was going down Darkhouse Lane eating, a bit of bread and cheese, with my knife in my hand, and the gentleman took hold of me, and accus'd me of picking his pocket; I saw it lying on the ground, and had taken it up; I said, Sir, if it is yours you may take it from the ground for I took it from thence, and flung it down again: and before I could put my knife up he took it out of my hand.

Question to the prosecutor. Was the prisoner eating when you took hold on him?

J. Pecknall. No, my Lord, he was not.

Q Had he his knife in his hand then?

J. Pecknall. No, he pull'd that out while I had him by the collar.

Q. Did he threaten you when he took it out;

J. Pecknall. No, he did not.

Guilty 10 d.

[Transportation. See summary.]

481. Thomas James , was indicted for stealing one linen handkerchief, val. 12 d. the property of John Neal , privately from his person , Oct. 12 .*.

John Neal . Last Saturday se'nnight I was going through St. Paul's Church-yard ; just by the chapter-house a person that stood with a basket to sell fruit, told me I had lost my handkerchief out of my right hand pocket, and said, - yonder goes the man that took it; I felt and said I had lost it, and desired he would not go away till I had laid hold of him; I then went and took hold of the prisoner, and held him by both wrists, and insisted on his giving an account of himself; he struggled to get away; the other man then came up and took hold of him behind. The mob grew pretty great. I said, we'll go and take him to a publick-house; the prisoner reply'd, what will you go without your handkerchief? I saw a man toss it within the rails, and pointed to something as well as he could; I still held his wrists, and desired a friend of mine to put his stick within the rails and know what it was, seeing something lye there, but it was only a cabbage leaf. I took the prisoner into an ale-house, and he had not his hands at liberty above a minute before the handkerchief was between his feet, lying on the ground; upon that he was taken before Sir John Barnard , and committed.

Q. Did you see him drop the handkerchief?

J Neal. I can't say I did.

Q How came you to let his hands go before you had felt pockets?

J. Neal. I had sent for a constable, so did not think it so well to search him till the constable came, and seeing I had got him safe in the house, I let go his hands.

Q. What did he say for himself?

J. Neal. He said but very little; he pretended to say a man in the room dropped it, but that man was known in the house to be a man of reputation.

Q. What is the value of the handkerchief ?

J. Neal. It cost two shillings, and it is almost new.

Q. Is it worth one shilling?

J. Neal. To be sure it is worth that (produced in court, and deposed to.)

J. Bust. I had a basket of fruit against a post near the chapter house; I saw the prisoner take the handkerchief out of the prosecutor's pocket as he was going by, on a Saturday night about 7 o'clock; the prosecutor was walking along with another gentleman, and the prisoner went between them, and with his right hand took the handkerchief out of the prosecutor's right hand pocket; he made an attempt to put it under his arm. I ran to Mr. Neal and told him his pocket was pick'd, and went and held the prisoner fast by the neck till Mr. Neal came to him; after that, I saw the prisoner drop the handkerchief in the Crown ale-house.

Q. Are you sure you saw the handkerchief fall from him?

Bust. I am sure I did, it fell just by the fire place, as soon as he had got his hand at liberty.

Samuel Magniac . On Saturday was 7 night, I was along with Mr. Neal, I had hold of his arm, going by the chapter house, a man dressed in blue, I suppose it was this last evidence, said to Mr. Neal, you have had your pocket picked of a handkerchief. Mr. Neal ran and took hold of the prisoner's wrists and I his right arm. The prisoner said I saw a man throw a handkerchief into the rails, I felt with my stick and found it to be a cabbage leaf. We took him into a public house: Mr. Neal then let go his hands, after which I saw a handkerchief lying under his feet.

Q. Did you see it fall?

Magniac. No, my lord, I did not. By the position it lay on the ground, it appeared as if it had slid down from under his coat.

Prisoner's Defence.

I was in that house, there were twenty or thirty people, one said here is a handkerchief lies here, now he has dropped it; another said, no, he has not, I was looking at him all the time. A gentleman said, turn him out of the door, I said don't turn that man out. When he was out, I said, let that man in again, but they said he should not come in.

Guilty Death .

482. (L.) Solomon Brotherton , was indicted for stealing 40 lb weight of lead, val. 2 s. 6 d. fix'd to a dwelling-house , the property of Bartholomew Eliot , Oct. 9 .

+ Acq.

483. (M.) John Allen , was indicted for stealing one silk handkerchief, val. 12 d. one horn spoon, val. 1 d. the goods of Thomas Forgey . Oct. 10 .

++ Guilty .

[Transportation. See summary.]

484. (M.) Alexander Barron , was indicted for stealing one sword, with a silver hilt, val. 27 s. the property of Edward Hodges , in the shop of the said Edward, Oct. 2 .*.

Acq.

485. (L) Elizabeth, wife of Robert Hammond , was indicted for stealing one linen sheet, val. 2 s. one blanket, val. 2 s, one copper stew-pan, val. 12 d. the goods of Sarah More , widow , being in a certain lodging room let by contract, Oct. 15 .*.

Acq.

486. (M.) Samuel Gentery , was indicted for breaking and entering the dwelling house of John Hawkins , and stealing out there two silver watches, val. 6 l. the goods of the said John, Aug. 5 . ++

John Hawkins . I live in Middle row, St. Giles's ; and deal in hardware , I lost two silver watches out of my window the last execution day at night; they were taken from off a nail.

Q. Did you see the watches taken away?

Hawkins. No, they were both hanging in my window; there was a steel chain to one, and a catgut to the other. I had an occasion to go up stairs, upon which I locked the door and went up, and, at my coming down (not having been gone above two minutes) I found the sash was forced up, and the watches gone, and that some pencils and other things had fallen out at the window.

Q. Was the sash fastened down?

Hawkins. It was not properly fastened down. I had put in a nail to fasten it down, but it was too little for the gimblet hole. That night I went to justice Fielding's, and advertised the watches, but never heard any thing of them, till irish Ben turned evidence, which was about 6 weeks after. Then I heard one of them was at a pawnbroker's in Chiswell street. The prisoner was taken up; he then owned they had sold the other watch to a Jew in Angel court, Devonshire square. I went there but the Jew was gone.

James Erwin . I live in Chiswell street, and am a pawnbroker. On the 20th of August, my father and I were in the shop, the prisoner brought this watch, (producing one) and pawned it to my father for two guineas.

Q. Had you ever seen the prisoner before?

Erwin. I have many times, I have known him three years, he had pawned the outside case of this watch to my father on the sixth of Aug. for 3 s. 6 d. and fetched it out in three or four days.

Q. to prosecutor. Look at this watch, do you know it?

Prosecutor. I do, this is one of the 2 I lost.

Benjamin Harper . I went to the justice, there the prisoner had made an information against me for several things.

Q. Do you remember any thing of taking this watch?

Harper. I went once to call him, he lodged at one Kate Horn 's. I asked him to get up, he said he had got a watch in his pocket, marked with two fives and a one; I said, where did you get it? he said in St. Giles's, and after that he said at Hawkins's, at a stick shop in St. Giles's, and shewed me the house, as we were walking that way, and took out a hammer, and said, this is the hammer with which I wrenched the window up.

Q. When did he tell you this?

Harper. It was about a week after the last execution.

Q. Look at this watch.

Harper. He takes it and opens it. This is the same watch, at that time the glass was loose, and he told me it was advertised; that it was advertised in a wrong name. About two days after I asked him if he would sell it, he said, yes, I will; then he asked me to go with him to a pawnbroker, a little man in Chiswell street I went and staid at the door while he went in and pawned it.

Q. to Hawkins. Do you keep a stick shop?

Hawkins. I have a row of sticks stand for sale at my door.

Q. What do you value the watch at?

Hawkins. At 3 guineas, I value them both at six pounds.

Prisoner. Irish Ben told justice Fielding that I got the watch of a suckey cull, please to ask the pawnbroker about it.

Erwin, to the question. I did hear the evidence say, that the prisoner told him he had it of a suckey cull, and Mr. Fielding said, Ben, what is the meaning of that word? his answer was, he could not tell.

Prisoner's Defence.

About three weeks ago I left work about nine at night - and went to the George alehouse, in Broad St. Giles's. I sat drinking there about an hour, going home at the end of Middle Row, a man came pushing against me, and pushed me down. I said, what do you mean by that? he said, don't be angry; I said you are a scoundrol for your pains; he said, let's drink together, so I went with him to drink. In about half an hour after we were there, he pull'd out a watch. I said, what is it o' clock? he said it was about a quarter after 10. I thought it strange to see such a poor ragged man with such a watch. I said to him you'll get yourself in some damage if you are seen with this, for he did not look as if he was used to wear a watch; he was in liquor, he came home with me to my own door; then he said, do you live here? I said yes; then he said, I wish you could help me to a chap for my watch, I said I cannot to night; he said if you'll take care of it I'll come on the morrow, and go along with you and sell it; so he delivered it to me, and I never saw him since, or before. I wore it in my pocket a fortnight.

To his character.

Mr. Nash. I am a coachmaker, the prisoner worked with me about 5 weeks, till he was taken up he behaved very well with me.

Justice Olney. I have known him about fifteen months. I am a coachmaker, he worked with me that time, he behaved extremely well, I never missed any thing the time he was with me.

Q. What might he earn a week ?

Olney. He earned a guinea a week.

Q. How came you to part from him?

Olney. Because business fell off.

Thomas Oliver . I keep a publick house, I have known him 11 or 12 months, he used my house, he paid honestly and honourably, and behaved very civilly.

Mrs. Hust. I have known him about twelve months, he lodged at my house about half a year, he bore a very honest character, he paid me very honestly.

Guilty 39 s.

[Transportation. See summary.]

487. (L.) John Allen , was indicted for stealing one silk handkerchief val. 2 s. the property of John Alsop , gent. privately from his person , Sept. 14 . +

John Alsop . On the 14th of Sept. going up Crown court Fleetstreet , I felt something twitch at my pocket, I immediately turned about, and saw my handkerchief was falling down betwixt the prisoner and I; he ran away, I pursued him, and called stop thief, upon which he was stopped near Serjeant's inn in Fleetstreet; he was never out of fight all the while.

Q. Did you see the handkerchief in the prisoner's hand?

Alsop. I did not. That part of it nearest the prisoner was falling to the ground. He ran away before I said any thing to him.

Q. Were there any other persons near you at the time?

Alsop. No, my lord, none but the prisoner.

Prisoner's defence.

I was coming from my work at St. James's market, and going to seek for more at Leadenhall, I saw the handkerchief lying; I ran to take it up, the gentleman turned about, I thought to strike at me, upon which I ran away, I was not got to it by 20 yards, or more.

Q. to prosecutor. How near was the prisoner to you when you saw the handkerchief falling ?

Prosecutor. He was within the length of the handkerchief, the prisoner offered to kneel down and beg pardon, and said it was another boy that went to pick my pocket.

Guilty 10 d.

[Transportation. See summary.]

488, 489. (L.) Daniel Melone and Richard Dudley , were indicted for stealing one canvas foresail. val. 3 l, one canvas gibb, val. 20 s. and 20 fathom of cordage, val. 10 s, the goods of Robert Harris , and certain other persons unknown, in a certain vessel, known by the name of the Princess of Wales, lying on the river Thames , Oct. 4 . *

Robert Harris. I am part owner of the vessel called, the Princess of Wales, and belong to the corn trade. Thomas Lake, the master of her, came to me on the 4th of Oct. and told me he had lost the fore-sail, the flying gibb, and a piece of hercer; containing about 15 or 20 fathom, and that on board the next vessel to me, which was a Holland's trader, there was a man who saw the 2 prisoners cut them away. We got a warrant from justice Rickards, and took them up, and charged them with it before the justice, and they both denied it. I advertised the things, and on the 8th day the carpenter of the Dawkins, captain Beladine, came to me and told me he had seen on board their vessel cordage and such sails, and that one John Chester , a sailor on board his vessel, had taken them on board from out of the boat belonging to the prisoner's vessel, the prisoners being then in the boat. I went on board the vessel, and found the things there, upon which I apprehended John Chester .

Thomas Lake. I am master of the Princess of Wales, the fore-sail and gibb, and some cordage, were taken from on board her.

Q. When did you see them on board last before they were taken away?

Lake. I saw them on board on the third in the evening, and missed them before 7 the next morning. On the 4th I acquainted Mr. Harris with it; we got a warrant and took up the two prisoners from on board the Amelia, which lay next but one to us. After that the carpenter of the Dawkins told us the things were on board their vessel; then we got a warrant and went on board, and found them there. Then we took John Chester before the justice, and there he acknowledged that he received them, and opened the hatch, and tumbled them down.

Robert Cowen . Malone was a sailor on board the Amelia, I can't say any thing as to the other prisoner. I belong to the Britannia, captain Holderson. We first came along-side the Amelia. On the 20th of Sept. the ship Amelia came along side the Prince of Wales. On the third of October I saw Daniel Malone between the hours of 12 and 1 in the morning on the 4th on board the Prince of Wales, and saw him take the flying gibb from the bolt-sprit end of her.

Q. Was it light or dark?

Cowen. It was a moon-light night.

Q. How near was you to him?

Cowen. I believe about 50 feet. I was looking out at the bulk head window, from the star-board side of the Britannia, we lay along-side her; I looked forward from the stern, and saw the two prisoners come over our deck, and go on board the Princess of Wales. Then Dudley went back and got in their ship's boat, I heard him rattle the oars of the boat; after Malone had cut the sail away, he let it fall into the boat, which was then underneath; they then rowed away.

John Chester . The two prisoners brought these two sails and some cordage on board the Dawkins, where I belong, on the 4th of Oct. in the morning, and desired I'd put them down below, which I did under the fore-hatch; they said they'd come again for them in the afternoon. My brother came home in the same vessel that the prisoners belong to, by which means I became acquainted with them.

Joseph Peirce . I am a constable. On the 4th of October Mr. Harris brought me a warrant to take up the two prisoners, which I did, and took them before justice Rickards, and they were committed. On the Tuesday following he brought me another to go on board the Dawkins; we went and found the sails and cordage, and brought them and Chester on shore, and we took him before the justice; there he owned he received the things of the two prisoners.

Q. to Lake. Did you see the sails that were taken out of the Dawkins?

Lake. I did, they are the same that were taken from on board the Princess of Wales.

Dudley's defence.

I went to receive some money on the third of October, for looking after a vessel, called the Polley, a snow from Barbadoes; coming up I asked Daniel Malone to go with me to Mile-End, we went and staid there till 11 or 12 at night; then we hired a boat at Catharine-stairs, and went on board the Amelia; the boys were asleep, we fetched the bed and laid it on the quarter deck, we went forward and saw our boat lying there and the sails in her. We went and carried them to John Chester , and he took them in, and gave us two bottles of wine.

Malone's defence.

I have no more to say than what he has already said. We found the sails in our boat and took them to Chester; as for cutting them away I never did.

Both Guilty 39 s.

[Transportation. See summary.]

490. (M.) Robert Conningham , was indicted for that he, on the 19th of Sept . between the hours of 3 and 4 on the same day, the dwelling-house of the Hon. Lady Rachel Austin , widow , did break and enter, and stealing out there 2 silver spoons , the property of her the said Lady.

Elizabeth Morris , a servant of the lady, deposed, She saw the prisoner on the stair-case, between three and four in the morning, the 19th of Sept. with the kitchin poker in his hand; that a panel of the outward door was cut out, and the prisoner must have got over a high place to come in the back way, and much blood was found near the door.

The prisoner having no wound on him to produce that blood, without going into his defence he was acquitted .

491. (L.) Samuel Sparks , was indicted for stealing one linen handkerchief, val. 12 d. the property of John Robson , privately from his person , Oct. 20 . + .

John Robson . Last Sunday, about 3 o'clock in the afternoon, as I was coming down Fleet Market I felt something tugging at my pocket; I looked round and saw my handkerchief in the prisoner's hand; I told him it was mine; he threw it down and ran away; I followed him, and he was taken in the next court to Field Lane, Holbourn.

Q. Had you him in your sight all the time?

Robson. He was never out of my sight only the time he ran into a house, and up stairs, and he fell out of a window directly, and was there taken.

Barnard Cape . I saw the prisoner at the bar put his left hand into the right hand pocket of the prosecutor, about 3 in the afternoon last Sunday; I saw him also pull out a handkerchief. I was having my shoes cleaned just by them. The gentleman turned about; I said, Sir, that fellow has picked your pocket; I said sue him; said he, will you insist me? Away ran the prisoner up into an alley; I followed him; he ran into a house, and we through the house; there lay the prisoner all alongside; I thought he had been dead; he tumbled out of a window; there we took him.

Question from the Prisoner. Were there not 5 or 6 young lads running by at the time you lost your handkerchief?

Prosecutor. I saw none but the prisoner.

Cape. There was another with the prisoner; he went on the other side the prosecutor; he ran off; they seemed to be companions.

Prisoner's Defence.

I hope you'll take pity on my youth; I'll never do so any more.

To his character.

Mary Manwaring . I know no hurt of the boy; he did belong to the glass-house in White-Friars, but lately he has not been so good as he ought to have been.

Guilty 10 d.

[Transportation. See summary.]

462. (M.) John Taplin , otherwise Tapling , was indicted for stealing one mettle watch, val. 40 s. 20 guineas, and one half-guinea, and 5 s. in money numbered, the goods and money of Philip Hall , Esq ; in the dwelling-house of James Hutton , Sept. 14. *.

Philip Hall. On the 14th of Sept. I lay at the Bull and Gate Inn, Holbourn ; I had 22 l. when I went to bed, in guineas and silver; there were 20 guineas and a half in gold and a mettle watch. When I arose in the morning, my breeches were missing, which I had hung upon a chair; after diligent search they were found in another room, opposite mine; in searching them there was no money at all, and the watch was gone, which I had wound up at going to bed, and laid in the chair.

Q. Did you fasten the door?

Hall. N o, I did not.

Q. Did any body come into the room after you were in bed?

Hall. The Chamberlain did to take my candle away. I gave direction for advertising the money and watch in the Daily Advertiser, a day or two after, the purport of which was to apprehend the person that did it, and a reward for so doing.

Q. Do you know any thing of the prisoner at the bar?

Hall. I never saw him before I saw him under examination before justice St. Lawrence.

Q. Did he confess any thing?

Hall. He made no sort of confession; he absolutely denied the fact.

Question from the Prisoner. What time did you go to bed?

Hall. About 11, or 5 or 10 minutes after.

Question from the prisoner. Had you a candle or lamp burning in your room?

Hall. I had a candle a little time, till the chamberlain fetched it away.

Question from the Prisoner. Did any body come to bring you water, or white wine whey?

Hall. No.

Question from the Prisoner. Was you awake when the chamberlain came for your candle ?

Hall. I was.

Question from the Prisoner. Do you remember his coming in a second time ?

Hall. No. I do not.

Question from the Prisoner. Are you sure he shut the door after him?

Hall. I think he did.

Question from the Prisoner. I think you say in the advertisement you have lost a pinchbeck watch ?

Hall. It is so.

Prisoner. The watch I had was a gold out-side case, and pinchbeck gilt within. The watch produced in court and deposed to by the prosecutor.

Thomas Hill. I am a watchmaker; I remember particularly well I made this watch, and remember selling it to Mr. Hall.

Q. When did you sell it him?

Hill. About this time 12 months, about the 28th or 29th of this month.

Q. Are you sure this is the watch?

Hill. I am positive of it.

Q. Is it gold or mettle?

Hill. It is mettle; I sold it for such.

Q. What did you sell it for?

Hill. I believe I had 5 guineas for it, with a shagreen case to it.

Q. Is the in-side mettle or gold?

Hill. They are both mettle.

Question from the Prisoner. Are you sure of that?

Hill. I sold it for such.

Prisoner. I desire some goldsmith may examine it, I will not take it upon his word, I know it if it was mine.

Question to Hill. Is your name upon it?

Hill. No. it is another name.

James Hutton . I keep the Bull and Gate Inn, Holbourn. Mr. Hall came to my house on the 14th of Sept. I remember his making complaint the next-morning of his being robbed; there was also an advertisement put in the paper of that robbery; After which George Ball , a waiter at the Saracen's Head, came to me and described the prisoner at the bar, and told me he was gone Hounslow road. Then I went in pursuit after him; I enquired for him at the Red Lion at Hounslow; I heard of him when I came to Cranford-Bridge. I still pursu'd. When I arrived at Abington a gentleman's servant said he was a mile and a half on the other side Abington. I got Mr. Clemings, the Landlord at the Lamb at Abington, to go along with me, who said, very likely he may be at dinner at a place called the Dog-house. We had over-shot him, for after we were gone, he was seen going out of Abington. Then the people sent a man and horse for me back again. When I got back to the Lamb Inn they had just got him into a room. I charged the constable with him, and charged him with the robbery; then he swore that watch would be his death; he should never be quit of it. He had, before I came, throwed the watch over the house. and it was picked up.

Q. Did you ask him what he meant by that expression ?

Hutton. No, I did not; the prisoner was carried before the justice, and the watch produced there; he desired to have the watch in his own hand; the justice held it in his hand, but would not deliver it to him.

Q. What did he say upon seeing it?

Hutton. He said he believed it was the watch he had flung away.

Q. Did he own he had thrown it away?

Hutton. He did; the justice said if I would swear to the watch he would confine him, otherwise he could not keep him above six days; as I could not, he advised me to come to town for the prosecutor to swear to the watch, or he must be acquitted. I told the justice it was a long way to go, and may be I could not find him immediately, so as to bring him in time. I asked the justice if I could not take him up to town; the justice said he was afraid he would be rescued from me.

Q. Did the prisoner say how he came by the watch?

Hutton. He said he bought it for half a guinea, and that he bought it too cheap.

Q. Did he give any reason why he throw'd it away?

Hutton. No, he did not.

Q. Did he mention that he bought it too cheap as a reason that he flung it away?

Hutton. No; after some little time the justice said he would deliver him to my charge if I would take care of him to London. He delivered the watch to me.

Q. Where was this?

Hutton. His name is Ellway; this was 3 miles beyond Abington. I took the prisoner to Abington; the goaler there had no handcuffs, so he sent me a pair of irons; thinking they would take up too much time putting on, I bought 2 horse-locks and got a chain and put them on him, and took him in a post-chaise to London. I left Abington about half an hour past 3 in the afternoon, on the 25th, and came to London about half an hour past I in the night. I took him to justice St. Lawrence, and he there owned he had such a watch, but said it was disfigured by the fall.

Q. Was the watch there produced before him?

Hutton. It was. He was re-examined on the Friday, and on the Wednesday following he was examined again, when Mr. Hall was come to town; then the prisoner owned the watch.

Q Did you know the prisoner before?

Hutton. Much about this time 12 months the prisoner was caught in my house taking away some glasses and decanters; I never saw him but that time before this

Prisoner. I said before the justice I had a watch like that, and if they would let me look into it I would tell whether it was or was not mine; but they would not permit me to see into it.

Court. You may look upon it. (he takes it in his hand.)

Prisoner. I cannot be positive whether this is the watch I had or not, it is very much like it.

Richard Strange . I keep the Crown at Abington; the ostler at the Lamb came to me and told me there was a highwayman gone forward, and his master was gone after him; he wanted me to go along with him to help to take him; we saw the prisoner about half a mile out of town; the ostler went up to him, and said, how do you do, John? where are you going? said Tapling; what's the matter? I rode to him, and said, you must go back; he said he would; there were a pretty many people; I brought him to the Lamb; he gave his bundle to the ostler, and said he was going to make water; I saw him put his hand into his pocket and throw away a watch; then I told him he was detain'd for a robbery at the Bull and Gate, Holbourn; he said he was sorry for it; I saw, as the watch was up in the air, that it had a white face; in the mean time I told the people he had thrown a watch over the house; then I had him into a room and told him I would search him for fear of pistols; I felt on the outsides of his cloaths, and did not perceive any; he pulled off his wig and put on a cap, and said, this thing he should lose his life for; he should die for this thing; this he repeated several times; I said I hoped not, why do you think you shall be hanged for it? He said he bought the watch, and that he bought it too cheap. I said, what did you give for it? he answered, half a guinea. He pulled out a guinea and 9 s. and gave them to me, with a direction to send them to his son, a child he has in the country, and said he should never see it any more. Then I went with him to a justice of the peace, and told the justice I had got that money, and asked whether I should give it to the child or give it to him again. The justice ordered me to give it to the landlord at the Bull and Gate, and said, perhaps the guinea might be sworn unto. Coming back from the justice's to Abington the prisoner said he was sorry for it, and said several times he should be hang'd for it.

Q. Did he own the robbery ?

Strange. No, he said he did not rob the gentleman, he bought the watch.

Q. How do you reconcile that of denying the robbery, and saying he should be hang'd for it?

Strange. I said to him, if you came by it honestly, why should you be hang'd for it? he said, I know I shall die for this fact; because I bought the watch too cheap, and cannot find the man that I bought it of.

Q. Did you ask him who he bought it of?

Strange. I did; I asked him if he was a Frenchman or an Irishman? he said he was something like a Jew; but could not tell the size of the man.

Prisoner. It was told me there that I had robb'd the tapster at the Bull and Gate upon Black Heath, and he has but little kindness for me, and I have none at all for him, and that was the reason I said I should be hang'd for it, for I know, if he had said so he would swear it; after that I was told it was a fact committed on Hounslow Heath; and after that I was told it was a gentleman was robb'd at the Bull and Gate; then I made myself easy, because I knew I was not nigh there, and it was not in their power to hurt me.

Question to Strange. Did you hear any such talk there as he mentions?

Strange. No, I never did, not a word about Black Heath; I told him myself it was for a robbery at the Bull and Gate, London.

Prisoner. The tapster said it was on Black Heath.

Strange. The tapster was not there at the time I told him where the robbery was committed.

William Gibbons . I am a journeyman baker (he looks at the watch) this is the watch I found near the Lamb Inn at Abington, on Mr. Elderidge's ground, and I delivered it to the justice of the peace.

Q. Was you at the examination of the prisoner?

Gibbons. I was. The justice held the watch in his hand, the prisoner looked at it and said he had had such a watch.

Q. How near the Lamb Inn yard did you find the watch?

Gibbons. If I go into the back yard of the Lamb Inn and throw a stone toward Mr. Elderidge's, it would fall whereabouts I found the watch; there was but one house, or stable, parted it; as soon as I took the watch up, it was told me a man at the Lamb had thrown it over, and the people were then looking about for it.

John James Robinson . I am tapster at the Bull and Gate, Holbourn; I remember Mr. Hall being at our house on the 14th of Sept. When his money and watch were missing, and we had intelligence of the prisoner's being a suspected person and gone that road, I went with Mr. Hutton; we set out on the Wednesday about 4 o'clock.

Q. Did you know Tapling before ?

Robinson. I did very well; he liv'd about 50 or 60 yards of us; he was waiter at the Blue Boar and George. We out-run the prisoner; we were in a post-chaise; then people came after us and informed us the prisoner was taken, so we came back and found him secured at the Lamb Inn at Abington; he was sitting in the middle of the room; I said to him, how do you do? he said, d - n my blood I now am sure to be hang'd for that d - n'd eternal watch that I threw over the house, naming number 2.

Q. Why did he say he should be hang'd?

Robinson. Upon the account he bought it clandessinely; he said he bought it for half a guinea; I asked him where he lay that night? he said at Hemmings's Bagnio. I ask'd him how he came there? he answered, he went from London in a post-chaise. We found he had called at places on the road and had drank rack, old-hock and punch.

Q. Did he say any body could swear against him about the watch?

Robinson. No, he did not.

Court. Explain what you mean by number two.

Robinson. He said d - n that number two, it will be the death of me. I understood him, as our rooms are numbered, and the room that Mr. Hall lay in was number 2.

Q. Did he make use of any other expression to make you believe he meant the room Mr. Hall lay in?

Robinson. No.

Question from the Prisoner. Upon my first coming into the room I said I was informed I had robbed you of 30 guineas on Black Heath, and a gold watch; did you not say I should be hang'd, when I asked you this question?

Robinson. I said no such thing.

Prisoner. After that it was said I robbed him on Hounslow Heath; they were cautious in saying it was a gentleman that had been robbed at the Bull and Gate. I knew, my Lord, if this fellow said I robbed him he would swear it. Pray, Mr. Robinson, let me ask you one question; whether I did not ask you, upon your first coming into the room, whether I had robbed you of 30 guineas and a gold watch ?

Robinson. No, he did not ask me that question then; but he did some time afterwards say to me, did I rob you of that gold watch and some gold ?

Prisoner. Then he said, No, you have not robbed me, I shall do you no injury at all.

Question to Robinson. What answer did you make him?

Robinson. I said, what do you mean by asking me that question? I never had a gold watch in all my life. I don't remember 30 guineas being mentioned.

Q Did the prisoner at or before the time he said he should be hang'd say any thing concerning the reason of his being hang'd, because of your being willing to swear to the robbing of you ?

Robinson. He offered to shake me by the hand, at my first coming into the room, which I refused; then I said to him, Mr. Tapling, what o'clock is it? he made answer, G - d d - n my blood I'm a dead man; at this time he had not said any thing of my being robb'd.

Question from the Prisoner. He seems to hang upon number 2, I suppose he means that is the number of the room where Mr. Hall lay; I understood him it was the number of the watch, the last figure was 2.

Question to Robinson, Did you or he mention number 2 first.

Robinson. He mentioned it himself, I had not mentioned it to him.

Prisoner. I never was any higher in that house than in the one pair of stairs room; I could not think of the numbers having never seen them.

Question from the Prisoner. Did you see me lurking about the house?

Robinson. I did not.

Prisoner's defence.

I should have made a very good defence if my witnesses could be found; I had two persons that could prove the buying of this watch, but they are at a great distance; I was desired by my father to put my trial off till the last day, and now my father is gone, and my principal witnesses and counsel are not here. I have no other thing to say for it, I bought the watch at Charing Cross, in the street, for half a guinea and 6 d. a man had it to sell, and several persons were bidding money for it as well as myself, there were 8 or 10, or more.

Guilty 39 s.

[Transportation. See summary.]

493. (M.) Elizabeth, wife of Richard Poulton , was indicted for stealing one silver punch-ladle, val. 20 s. two silver table-spoons, val. 20 s. three silver tea spoons, and two linen tablecloths , the goods of William Batt . Oct. ++ .

Wm Batt . I am a watchman at present, I have been a house-keeper and lived well; the prisoner lodged with me when my wife was alive, and afterwards I gave her liberty to come backwards and forwards to my room when I was on my duty in the night. I missed the things mentioned in the indictment, and charged her with taking them away; I had her before Justice St. Lawrence, she own'd that she had taken them out of my drawer, and that they were pawn'd at three places.

Q. Were they in a drawer before they were taken away?

Batt. They were; we went to one of the pawnbrokers and found the punch-ladle and one large table-spoon; we found the other things at two other places, by her direction.

Prisoner. He has brought this all upon himself; he told me if my husband was dead he'd make me possess'd of all, and gave me the key of the door.

Q. to the Prosecutor. Did you give her these things?

Batt. No, I never did; I never said such a word; I gave her husband and she leave to lie in my bed when I was out watching. I had but one room.

John Parry . I heard the prisoner own before Justice St. Lawrence the taking the ladle and also the other things; the ladle and one spoon she pledged to me.

Ann Rickaby . The prisoner brought a tablecloth, a table-spoon and a tea-spoon, and pawn'd with me; and I heard her since own she pawn'd them.

Prisoner. These goods were as much mine as the prosecutor's by a faithful promise of his, and this is all spight, because I would not leave my husband and come and live with him.

Mrs. Gesson. The prisoner pawn'd one tablecloth and one tea-spoon with me. [The goods produc'd in court and depos'd to.]

Prisoner's defence.

I carried these things, the table-cloth and teaspoon to Mrs. Gesson, with the same proviso that I was dressed in mourning. Mr. Batt and I were going to Tottenham-high-cross to see his filter; he made me full the same in the house as he was; and as he disowns it I leave it to better Christians than he.

Guilty .

[Transportation. See summary.]

494. (M.) Elizabeth Cooper , spinster , was indicted for stealing one pair of linen sheets, val. 6 s. one linen apron, five other linen aprons, three linen bed gowns, one linen body of a shift, two pieces of linen-cloth, and three holland caps , the goods of Edward Williams , Sept. 17. *

Mary Williams. I live in Castle-street, Bloomsbury ; on the 17th of September last I had a basket with those linen things mentioned in the indictment in my kitchen, I keep a house for lodgers, I went to bed, and left some of my family up to let others in that were not come home; when I got up in the morning I missed the things mentioned; she had been at my house over night at about 7 o'clock and desired a night's lodging; I refused her, she being apprentice to a person over the way. I went to her the next morning to desire she'd tell me who she saw go out at my door; she said some of my lodgers. Upon my asking her whether she knew any thing of the matter, she told me her mistress bid her come into my kitchen and take the cloaths and give her them out; and after that she bid her go and take the pewter, and she went but could not reach it; then she went into the closet and found three razors, and told her mistress of them, and she bid her take the best of them; that she took one and went to the necessary-house and there fell asleep and left it there. We found one there the next morning; and that her mistress bid her go from thence to a neighbour's cellar and stay there 'till morning, and in the morning go to the Seven Dials, and there she would send her some victuals; and that the next morning her mistress sent her a rowl; the next day she altered her story and said it was one Mary Wast ordered her to do it, and came and took the cloaths from her. She nam'd the things and said they were in the bottom of the basket, and in the place where I put them. When I first found this girl, I found this Mary Wast walking with her. We had the girl before Justice Fielding; there she said it was Mary Wast put her upon it, and has stuck to it ever since; but at first she there swore it was her mistress.

Q. Have you found any of the things?

M. Williams. No, I have not: we had a warrant and took her mistress up and searched her apartment, but found nothing.

Q. How did she say she got in to take the things ?

M. Williams. She said she took an opportunity to go in when one of our people went out and had left the door open; that she concealed herself under my great table in the kitchen, and shewed me the next day how she did it. She could tell all that passed in the evening; she told of a lodger that came in and sent for a pint of beer, and what money was paid for it.

Q. Do you know this Wast?

M. Williams. I know her to be a very bad person.

Q. How old is the prisoner?

M. Williams. I am told she is sixteen or seventeen years old.

Edward Williams . I saw the goods in the basket in the kitchen in the evening; the next morning they were gone and a piece in the upper shutter in the kitchen window was broke, and the window thrown up, and some things were dropp'd in the area

Q. How was the outward door fastened?

Edw Williams . That was fastened with a spring-lock. The prisoner declar'd first, that Mary Smith , her mistress had persuaded her to do it; and that when one of the family went out she watched her opportunity and went in and down into the kitchen, there being no candle or fire there, the family being at supper above. A little time after she was there she said my daughter came down into the kitchen (which she did to wait for a lodger coming in.) When he came in he would send for a pint of beer, and being ask'd, whether it was paid for or not, she said, yes, that he chang'd six-pence, and that she could tell all that past there. When her mistress was there to confront her, then she said it was Mary Wast put her upon it, and that she came in with a lighted candle without a candle-stick, and held her apron, and she put the things mention'd in, and she took them away; that she left the razor at the necessary-house, where it was found the next morning.

Q. Did you take up Wast?

Edw Williams . We have been in search of her, but she is not to be found.

Wm Grubb . Two days after the things were missing I heard the prisoner say, she went down into the kitchen and hid herself under the table. I lodge there and came in a little after 10 o'clock that night. I ask'd her what I did when I came into the kitchen; she said, there were two of Mr. Williams's daughters in the kitchen, and that they ask'd me to give them a pint of beer; that I sent one of them for it, and she wonder'd I did not hear her laugh under the table; I ask'd at what; she said, you buss'd the young woman.

Q. Was that true?

Grubb. It was; then she told us how she got the goods and gave them to the woman.

Edw Jones . I heard the girl say she concealed herself under the table in the kitchen, and after the people were gone to bed she took the things mentioned. Mrs. Williams sent me down into the kitchen for a tin pot to get some beer. The girl told me she saw me come down and take the tin pot off the table. He confirmed the others in that of taking away the cloaths.

Prisoner's defence.

Mrs. Wast was the person that had the cloaths.

Guilty .

[Transportation. See summary.]

495. (M.) Burwell Smith was indicted for stealing one pewter soup-plate, val. 8 d. and two brass pillars, val. 10 s. the goods of the honourable William Vaughan , Esq ; in the stable of the said William, Sept. 23 . ++

Thomas Young . I and the housekeeper have the care of Mr. Vaughan's house at Enfield ; the prisoner is a journeyman carpenter , and has of late worked with a carpenter at Enfield. On the 11th of Sept. I found the chamber over the stable broke open, and on the Friday following in the evening, I had been in town and saw an advertisement of these things mentioned; the two brass pillars belonged to a marble slab. They were packed up in a case, the soup-plate I had set in that room with some food in it for the chickens.

Q. Why did you charge the prisoner?

Young. The plate, pillars and a towel, my master's property, were found upon the prisoner.

John Ward . On the 10th of Sept. last I had been riding about my ground, as I was coming home I heard a knocking at a stile of mine; between 9 and 10 in the morning I rode across the field and there was the prisoner. I thought he was stealing my gate-irons, I seeing they were not gone I bid him go about his business; he us'd me with a great deal of ill language; he had got a bundle with him. I told him I thought he had got some stolen goods there: he said, to let you know I have none of your gate-irons, I'll let you see; he opened the towel or napkin, there; I saw these brass pillars and a plate doubled up together; then I rode to some of my men and desired them to follow me; they did, we took him, and carried him to justice Green, he sent him to New Prison; he told the justice he had them of his mother in order to sell to buy some tools with the money. Produced in Court.

Q. to Young. Do you know these goods produced?

Young. This is the plate of my master's, in which I put barley for the chickens over the stable; it did belong to Mr. Nightingale; here is his crest upon it. I can be confident the brass pillars belong to my master likewise, because they fit the irons which I have here (producing them and fiting them on.) I never saw them at Enfield, only I saw the case they were packed in; I have seen them in Hanover Square at my master's house there, and the case was broke open when I missed them. I can swear no farther.

Thomas Wright . I am constable; I was charged with the prisoner, and these things here produced are what were delivered to me at the time by Mr. Ward before the justice.

Prisoner's defence.

I was going over 'squire Gore's-park; as I was making water I saw the corner of a napkin hang out. I thought there was something in it. I looked and found the things mentioned. I asked several people if they had known whose they were, and was going to London to have them advertised. Mr. Young said he knew I could not be the person that took them away, if I was to swear till I was black in the face when he came to me in the New Prison.

Q. to Young Did you say this to the prisoner?

Young. I said he never could be the person that went up into the wilderness in the garden by himself?

Q. Did he ever work at Mr. Vaughan's ?

Young. No, never to my knowledge.

Guilty 8 d.

[Transportation. See summary.]

496. (M.) Catharine Eaton , spinster , was indicted for stealing one silver watch, val. 40 s. the property of Thomas Segley , privately from his person , Oct. 14 . ++

Thomas Segley . I live in Eagle-street, Red-lion-square, and am a cabinet marker . Last Monday was se'nnight, about half an hour after eihg o'clock at night I was coming from work; when I came into Drury lane I met with the prisoner.

Q. Did she pick you up, or you her?

Segley. She pick'd me up, and I went down into the court with her, then I had my watch in my pocket, and she pick'd my pocket of it.

Q Were there any body else with you?

Segley. There were no body else but us two.

Q. Did you not give it her?

Segley. No, I did not.

Q. Was you sober?

Segley. I was not quite sober.

Prisoner. Pray did I ask you to go along with me?

Segley. She did.

Q. What did you do upon missing your watch ?

Segley. I observed her to go into a house, I followed her in, and insisted on the landlord assisting me, but he pulled me out of his house; then I went home; the next morning I got a warrant and constable and searched the house; the people of the house denied her being there; but at last we found her under a bed in a dark room.

Q. Did you perceive her hand in your pocke when you lost your watch?

Segley. No, I did not.

Edw Row . I was along with the prosecutor when the prisoner was found under the bed. We took her to justice Fielding, there she said the one Gaukey had got the watch.

Q. Did she own she took it?

Row. She did not disown it.

John Ponton . I was present and helped to pull the prisoner from under the bed, and heard her say before the justice she had the watch, but she had given it to a woman which she call'd Gaukey.

Prisoner's defence.

I never saw the prosecutor in my life before I was coming from my day's work at Long-Acre. I had been a scouring I lodge at one Carrol's in Drury-lane. I met this man with a girl; she left him; then he said to me I want to speak with you. I said, what do you want? he said no harm; he took up my cloaths; I said, what do you want? then he wanted to put his hand to my breast, after that he said he had lost his watch, then he stripped me as naked as ever I was in the world; I had neither shoe, stocking, cap or shift left on.

Prosecutor. She laid hold of my arm and said she wanted to speak with me. I said what do you want with me? She said come down the court. I went with her; she asked me to give her something to d, I said I should give her nothing; she held me fast; I don't know that I chang'd five-words with her; I never pull'd one rag of her cloaths off. After I charg'd her with taking my watch, the people of that house came out, then she strip'd herself; but she had time enough to give the watch to some of them before that; then a man brought out a candle, I could see her face plain, and she was not out of my sight before, so I knew her again.

Guilty 10 d .

[Transportation. See summary.]

497. (L.) Margaret Martin . spinster , was indicted for stealing one silk handkerchief, val. 6 d. the property of Robert Austin , Oct. 8 . +

Jos. Oarm. I am constable of Bridge-ward; last Friday was fortnight two of our watchmen brought me this prisoner about 10 at night, they said, it was for robbing Robert Austin of his handkerchief, and that they had found it upon her.

Q. What did the prisoner say?

Oarm. She said he gave her the handkerchief in order to lie with her; he said he had no such thoughts. I examined the watchmen whether they found them in any such position; they said no, nor was there any likelihood of such a thing.

Robert Austin . As I was walking by St. Magnus Corner , last Tuesday was fortnight about 10 o'clock at night, I had my handkerchief in my hand; the prisoner immediately snatched it out of my hand, and asked me if I would go down amongst, the pipes along with her.

Q. Did she ask you that before she had took your handkerchief or after?

Austin. It was after she had snatched it out of my hand.

Q. What had you said to her, or she to you before she snatched your handkerchief ?

Austin. Nothing at all; I told her if she would not give me my handkerchief again I would charge the watch with her.

Q. Do you believe this woman, if she had had a mind to have rob'd you of your handkerchief, would have ask'd you to go along with her?

Austin. I did not know what she meant.

Q. Did you take her for a woman of the town?

Austin. Yes, but I did not know where the pipes were.

Q. What did you think she intended by it?

Austin. I think she intended to keep my handkerchief, and for me to go along with her. When I said I wou'd charge the watch with her, she said to another woman that was along with her, Don't leave me, Nan. I call'd the watch; then the said she did not care, and I should go to the watch-house too.

Q. Was you drunk or sober?

Austin. I was sober.

Q. How came you to have your handkerchief in your hand?

Austin. There had been a parcel of fellows came by, and they had shoved me in the mud, and I was wiping myself.

Q. What did the say when you charg'd the watch with her?

Austin. She told the watch I had given her the handkerchief.

Prosecutor. He gave me the handkerchief to lie with me; he cannot deny it except he swears wrong. Did I not go along with you and you us'd me as another man does a woman, and after you came from the pipes you call'd the watch.

Prisoner. I don't know where the pipes are; what he says is intirely false.

Stephen Stroud . A little after 10 o'clock, I was upon my duty, the prosecutor call'd, watch, I went to him; he said, this woman has rob'd me of my handkerchief. I took the woman and brought her to the watch-house, and said to Austin, friend, you must go along with me too.

Q. Was he sober?

Stroud. He was.

Q. What did she say?

Stroud. She said he gave her the handkerchief.

Prisoner. That watchman never saw me in his life.

Stroud. She is a very bad woman; we have had her in custody divers times. We have carried her to the Counter, to London Work-house, and to Bridewell; she goes by the name of Irish Peggy in the night-time.

Q. How many times can you swear you have seen her?

Stroud. I can swear I have seen her 10 times. In the seven years I have been there I believe we have had her in the watch-house ten times.

Q. How often in the last three years?

Stroud. I can swear to half a score.

Prisoner. I have not been in London three years.

Stroud. She was three months or thereabouts in London Work-house about a year ago.

Prisoner's Defence.

He did give me the handkerchief indeed to lie with me, and he did lie with me, and gave it me afterwards: he never spoke a word to me after that till he came to the watch-house. Then he began to rail against me like any thing. There were two other watchmen heard him say he gave it me to lie with me, and they would not let them come here.

Oarm. The prisoner is one of the most notorious whores we have in the whole ward.

Prisoner. I had a witness, but she is gone, to prove I am an honest woman, and work hard for my living.

Acquitted .

498. (L.) Benjamin Ball , was indicted for stealing four linen handkerchiefs, val. 3 s. the goods of persons unknown. Oct. 15. *

Thomas Tuffnell. On the 15th of this instant I was at the Mansion-house ; as I was coming out of the gate, a gentleman said to the prisoner, you rascal, what did your hand do in my pocket? I saw the prisoner catch his hand very quick from the gentleman's pocket. I ask'd him if he had lost any thing ? he said, no; his handkerchief was safe in his other pocket. I searched the prisoner and found four linen handkerchiefs and an old one in his pockets. I knowing the prisoner to be very common about Cheapside, walking backwards and forwards, I took him to Guild-hall; after he had been examined by Alderman Cockayne, coming out to go to Newgate, he said he ought to have been transported seven years ago; and then he had been a clear man by this time coming home again.

Q. What did he say before the Alderman?

Tuffnell. I shewed the Alderman the handkerchiefs. The prisoner said his mother was a Washerwoman, and he was sent to the Fleet-market with four shirts tied up in the four handkerchiefs to four people, but could not tell the houses or people's names.

Charles Hill. Coming out of the Mansion-house last Tuesday was se'nnight, I saw a young man walk between the palisadoes and a gentleman, and he put his hand in the gentleman's pocket.

Q. How near was you to him?

Hill. As close by him as I could stand.

Q. Do you know that young man?

Hill. The last witness took him in custody.

Q. to Tuffnell. Did you take any other person in custody at that time?

Tuffnell. No, none but the prisoner.

Hill. Tuffnel asked the gentleman if he would stay and see him searched? he said, he had his handkerchief in his other pocket. Then Tuffnel searched him, and took him to the Compter, and after that to Guild-hall.

The handkerchiefs were produced in court, all of them looked as though they had been worn in the pocket since wash'd.

Prisoner's Defence.

I had been at work, and came home to my mother; she said she was very ill; I said I was very sorry for it; she sent me to carry 4 handkerchiefs, with a shirt in each, to the persons she washed them for. She described the houses, and told me which handkerchief belonged to such person. (The old silk handkerchief was my own pocket handkerchief. I delivered the shirts; the people said they would not pay me, they would pay my mother when they brought their dirty linen. Coming back I push'd against this gentleman, and a man came, and said, I know him to be a disorderly fellow; they took and dragged me to the Compter directly. I made no resistance at all.

Guilty . (See him tried last sessions for a street robbery, number 457.)

[Transportation. See summary.]

499 (L.) William Yates , was indicted for stealing one silk handkerchief, val. 12 d the property of Boyce Tree , privately and secretly . Sept. 26 . + .

Boyce Tree . On the 26th of Sept. passing by Pye Corner , betwixt 11 and 12 at noon, I was surrounded by 3 or 4 fellows, I believe there were 4 of them; one of them gave me a stroke on the right arm; they jostled me, and I believe their hands were in every pocket of my coat and waistcoat. I thought I saw a glimpse of my handkerchief coming out of my pocket, by a quick motion. They separated immediately, 3 of them ran toward St. Sepulchre's church, and the prisoner toward Smithfield; I followed him; he turned up for Snow Hill; I took him in Cock Alley; I searched him and found my handkerchief in his breeches.

Q. Did they say any thing to you?

Tree. There was not a word spoke.

Q. Was the prisoner ever out of your sight?

Tree. He was when he turned up Cock Alley, but that was not for half a minute.

Fra. Furner. I was at work in Cock Lane at a baker's shop, I heard Mr. Tree call out; I saw him clap his hand on the prisoner's shoulder, and heard him say, where is my handkerchief? the prisoner said, I have it not, nor know anything of it; I saw Mr. Tree find the handkerchief in the prisoner's breeches. The prisoner said a man in a leather apron gave it him.

Prisoner's defence.

I am not guilty of picking the gentleman's pocket myself; I am guilty of receiving it; one of them is Samuel Sparks , cast now for transportation, another is James Clark , and another John Hanks .

Furner. At the time he was taken he pretended to be a stranger to the others.

Guilty 10 d.

[Transportation. See summary.]

500. Oliver Makobster , was indicted for forging a will of James Ragheroy , of Col. Cockeril 's regiment of marines, and publishing the same with intent to defraud his Majesty: it was laid over-again, for forging and publishing the will with intent to defraud the person intitled to receive his wages .

No evidence appeared to prove either of the facts.

Acquitted .

501. (L) Martha Newton , was indicted for stealing one pewter pint pot, val. 12 d. the property of John Richards , Oct. 5 . +

John Richards keeps the King's Head , James Street, Covent Garden ; he had missed a great many pots; the prisoner was taken in Shoe-Lane with a pot in her hand, which was produced in court and deposed to by the prosecutor.

Guilty 10 d.

[Whipping. See summary.]

502. (L.) John Wadsley , was indicted for stealing one bed quilt, val. 5 s. the property of John Mead , Sept. 26 . ++.

The prosecutor missing the quilt, suspected the prisoner; took him up; upon which he confessed where he had pawned it for 5 s. and by his direction it was found; produced in court and deposed to.

Guilty .

[Transportation. See summary.]

503. (M.) Elizabeth Swift , spinster , was indicted for stealing one silver watch, val. 40 s. the property of Richard Hanson , Sept. 10 . + .

Richard Hanson . On the 10th of Sept. I was serjeant of Chelsea guards ; the prisoner came to me and told me she had been at a cricket match on Chelsea Common that day; she said she was servant to an officer of the house, and beg'd of me to let her lie down on my bed. (she was very drunk, She said she had 4 s. a week of her master, and that if they were to see her in that condition they would turn her out of their service. I let her lie down on my bed. I believe she lay two hours or more. When she got up I asked where she would go and lay ? she said at nurse Watson's (who was one of the nurses of the house.) I thought the prisoner belonged to the House. She desired I would wait upon her to the gate and see her in, and she would come in the morning and return me thanks. I saw her in at the gate, and when she had got a little way she ran; I went back and found my watch gone, which I hung at my bed, and had done for 19 years; when I had wound it up I always hung it there. I ran and called to the corporal of the guards if he had let any body out ? he said, yes, a servant to an officer of the guards, and that she said she would be back presently, Egad, said I, she will not come back any more, for she has got my watch. I ran after her, but could not find her that time; but she had not had the watch above an hour before she was stopt with it at the Round-house in St. Martin's Lane. She was carried before justice Cox, and there she swore that doctor Ward's man gave it her for 3 or 4 shillings. There was a seal which I valued; I desired her to let me have it and I would give her a shilling, tho' it was not worth a penny; she said if I would go back with her to Bridewell she would give it me, which I did and gave her the shilling.

William Parkiston . About 1 in the morning the prisoner came up to me as I was on the watch, and said she wanted to speak with me; I went out to her; she said she had got a watch, and that she had lent 3 s. upon it; I ordered her to come into the Round-house and sit till the morning, that the man might have the watch and she the money. I had her before justice Cox; there she said she had it from doctor Ward's man; he was sent for, and he said he never saw the woman before with his eyes.

Q. Was she drunk or sober at that time?

Parkiston. She was middling well, enough to give a rational answer.

(The watch produced in court and deposed to by the prosecutor.)

Thomas Jakes . I was before the justice. After Mr. Hanson had described the watch, the justice said, he believed it was his; she said she had it from doctor Ward's man, who gave it to her for 3 or 4 shillings; when he came he denied it. When the prosecutor claimed the watch and seal, she said she would give him the seal for a shilling if he would go back to Bridewell, and he went and had it.

Prisoner's defence.

He gave me the watch with his own hands; I refused taking it; he insisted on my taking of it, and had his will and power of me, and brought another man but I would not let him.

Guilty .

[Transportation. See summary.]

502. (M.) Thomas Rolf , was indicted, for that he, in a certain field, or open place, near the King's highway, on Mary, wife of Thomas Turton , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person 5 s. in money , the money of the said Thomas, Oct. 10. *

Mary Turton. Last Wednesday was se'nnight, about 2 o'clock in the afternoon, I was going from London to Newington; being in a field beyond Newington green , in a minute's time I saw a pistol put to my breast, I had not seen the man before. He said, your money, madam, your money. I hesitated a little time, I did not know whether he designed to rob me or not. Then he said your money, madam, and your purse. I said I have no purse; I took out what silver I had, and gave it into his hand; I believe there might be about 8 s. of it. Then he said I have taken up this trade for want, and am in great stress, and have been all about to enquire for work and can get none. He then went away; so when I thought myself clear of him, I called to a man and a boy, whom I saw in another field, and said I had been robbed by a man, and pointed which way he was gone.

Q. Did you see the man that robbed you when you pointed ?

M. Turton. No, I did not. After they understood me, I saw them run the way that I pointed. I told them that I was going to Newington, and desired if they took him to bring him to me. I went on and met other people, and sent them after them. I had not been at Newington, at the house of Mr. Carter, a boarding school, above three quarters of an hour before they brought a man to me, I went out to him and said, you villain, you robbed me; he made me no answer as I remember, there was a great croud about him. I desired the gentleman to let me go into the parlour, which he did and shut the door, and saw no more of him at that time. Then they sent for the constable and secured him, and I took coach and came home. The next morning I went to justice Fielding's, and the man was brought there, but could not then swear to his face, but swore I thought him to be the man. I looked at the pistol when I was robbed, and not at the man's face. I told the people the man that had robbed me was in a dark coat, and the man they brought had a dark coat, and he answered the description.

Q. Can you now say you believe, or are you sure this is the man?

M. Turton. I believe that is the man.

Q. Is this the man they brought to you?

M. Turton. The very same man.

Q. What did he say at the justice's, when charged with it?

M. Turton. He denied it.

Q. from prisoner. Did you see a mask on the man's face?

M. Turton. No, I saw none.

Prisoner. She says it was about two o'clock in the afternoon, I hope the person's face might be perfectly seen, and what sort of buttons were to the man's coat?

M. Turton. I can't describe them.

Q. from prisoner. What waistcoat and breeches?

M. Turton. I don't know

Q. from prisoner. Whether the person's hat was flapped or cocked?

M. Turton. I think it was flapped.

Prisoner. She said before the justice she thought it was a tinderbox pistol.

M. Turton. No. I said I looked earnestly on the pistol, and was not sure at first whether it was a tinderbox or not, but I saw afterwards it was no tinderbox.

Q. Was you alone?

M. Turton. No, my daughter, a girl about 14 years of age, was with me, and she was very much frightened as well as myself

Joseph Saunders. Last Wednesday was se'nnight, about two in the afternoon, I saw a man along with the prosecutrix, in a field behind Newington green, I was in the next field spreading of dung. I saw him also go from her.

Q. How far was you from her at that time?

Saunders. About 100 yards.

Q Were they any time together?

Saunders. They were together but a very little time.

Q. Did you observe what they were doing?

Saunders. I did not.

Q. Did you see him before he came to her?

Saunders. No, I did not.

Q. Were there any other but they two together?

Saunders. There was the gentlewoman's daughter. After the man was gone she called to me and said that man has robbed me.

Q. Did you see the man when she called to you ?

Saunders. Yes, he was in fight then.

Q. How far might they be distant from each other at the time she called ?

Saunders. About 60 yards.

Q. Are you sure he was then in fight ?

Saunders. I am sure he was. I ran after him about a mile and a half, and never lost sight of him till he was taken. I called out for assistance, and a soldier whose name is Hewit, ran and took him.

Q. Where was he taken?

Saunders. We took him between Canbury house and Newington green.

Q. Was you alone when the gentlewoman call'd to you ?

Saunders. No, my brother, a little boy, was with me.

Q. How old is he?

Saunders. He is about 10 years of age.

Q. How near was you to the prisoner when he was taken?

Saunders. I believe I was about 60 yards at the time. We then carried him to Newington town to the gentlewoman. Upon her seeing him, she said this is the man that frightned me, and said he had a pistol in his pocket. We searched him, and the took a pistol out of his pocket. Produced in court. There was no flint in it or charge, there was only a piece of paper put down the barrel.

Q. What did the prisoner say upon this ?

Saunders. He said he did it for need. that he had got a wife and two children, and his wife way to lie down again, and that he had been about to get work and could get done.

Q. Did he mention what his trade was?

Saunders. He said he was a taylor.

Q. Are you sure this is the person which you saw with the gentlewoman ?

Saunders. I am sure he is.

Q. What colour was his coat ?

Saunders. He had a brown coat on.

Q. What buttons?

Saunders. Yellow buttons.

Q. Was his hat cocked or not?

Saunders. It was cocked all round, but when we took him he flapped it. I went with him to justice Fielding's, the prosecutrix was there. The justice asked him what he carried that pistol for, he said for fear any body should molest him.

Q. Did you find any gunpowder or ball upon him?

Saunders. I don't know that there was either.

Q. to prosecutrix. Did you speak to this witness soon after you was robbed?

Prosecutrix. As soon as I thought myself safe from the person that robbed me I called. This was one of the people at work in the field. I also saw more people coming.

Q. What was this witness at work at?

Prosecutrix. I saw some heaps of dung near him, I think he was spreading them about.

Q. Did he come near you?

Prosecutrix. No, he d id not, but he ran towards the prisoner.

Q. At the time you called to him, did you see the prisoner?

Prosecutrix. No, I did not, but I pointed the way he was gone. I saw the man at work in the field a little before I was robbed, and while he was robbing me.

Q. Do you remember his making use of that expression, of doing it for want, at the time he was brought back to you?

Prosecutrix. To be sure he said something, but I was in such confusion, I can't upon my oath mention what words he said; I believe he made use of words to that effect.

Q. from prisoner. Did you never lose sight of me ?

Saunders. No, I never did.

Q. from prisoner. Did not you say you lost sight of the man to the soldier, or you had taken him sooner?

Saunders. No, I did not.

Q. Are the fields all open from the place the woman was, to the place where the prisoner was taken?

Saunders. No, we took him in a lane.

Richard Hewit . I was going from the Thatched-house, Islington, last Wednesday was se'nnight, between 2 and 3 o'clock towards Newington-green, by the river side I saw 3 men running, one was at some distance before the other two, they cried, stop him, stop him. I thought at first they had been only playing of tricks; when they came up almost to me, they told me that man had robbed two gentlewomen; then I pursued him, and caught him, and held him till Saunders came up; then I asked him where the gentlewomen were gone, he said to Newington, or Newington green. Then we took the prisoner to Mr. Carter's, and the gentlewoman came out to him into the yard, and said, this is the rogue that robbed me, and said he has a pistol in his pocket, without a flint in it. I searched his pocket, and found one without a flint in it, with a bit of paper put down the barrel, and no charge.

Q. What did the prisoner say?

Hewit. He seemed to be very sorry, and said he did it out of want.

Q. Did what?

Hewit. Why, did the robbery.

Q. Did he tell you what trade he was?

Hewit. He did, he said he was a taylor, and that he had been enquiring about for work at several places that day, and could not get any.

Q. Did you search him for any thing else, besides the pistol?

Hewit. No, we did not, I can't tell whether he had any money in his pocket or not,

Q. What coloured clothes had he on?

Hewit. He had a brownish coat, with yellow buttons, and his hat cock'd up all round. As I had hold of him in the yard he desired I'd let him go and speak to the gentlewoman, to try to get off. I went in with him, he told the gentlewoman he was sorry for what he had done, and he would do any thing that lay in his power to make her amends. She said she could not say any thing to him till the morrow. She was prodigiously frightned. He was taken away by the constable, and the next day carried before justice Fielding. The justice asked him how he came to carry pistols? he said, that was in his own defence, fearing any body should molest him.

Q Did he say he was in debt?

Hewit. No, he did not.

John Smith . On Wednesday was 7 night, betwixt two and three o'clock in the afternoon, I was going to Newington, and saw Saunders pursuing the prisoner; the prisoner had passed me. Saunders said he had robbed two ladies of some money, upon which I ran after him, and got before him to stop him; the soldier was just upon him, and laid hold of his collar. We took him to Newington, to the house where the gentlewoman was, she came out and said that was the man. I saw the pistol taken out of his pocket. The prisoner seemed very still a little time, after that he said he did it for want; that he had no work to do, and could get none, and was obliged to do it. He said he was a taylor. They sent for a constable and took him to New-prison, and the next day before justice Fielding, but I was not at the justice's the first time, I was on his second examination.

Elisha Webb . I am beadle of the parish, and had just been with a person to New-prison, as I met them bringing the prisoner there, which happened to be the same day he was taken. I said I had heard he had got 15 s. from the people he had robbed; upon which the prisoner said he had got but eleven. He pulled out eight shillings and sixpence, and a half crown, and said he had never a farthing when he came from home, and said, here is all I have got, and delivered it into the turnkey's hands. Then I asked him how he came by the pistol; he said he gave five shillings and six-pence for it in Holbourn; and confessed he took from the prosecutrix and her daughter eleven shillings.

Q. to prosecutrix. Was your daughter robbed at the time?

Prosecutrix. She was, of half a crown, and a six-pence. I am not certain how much money I had in my pocket, it was about 4 s. and the rest of my money was in six-pences. I swear rather under than over.

Q. Do you believe you had in your pocket to the amount of 8 s. 6 d?

Prosecutrix. Yes, my lord. I do believe I had.

Q. Did he take all you had?

Prosecutrix. By accident there was six-pence left behind.

Prisoner's Defence.

On the 16th of Oct. about 9 o'clock in the morning. I set out from home to seek for work: I am a taylor; the first place I called at was at Mr. Eaton's at Islington, finding no work there I went on to Newington, and called at Mr. Dickson's, in Church-street : the next I called at was Mr. Myers's, in the same street : the next was at Mr. Griffith's, in Church street; not meeting with work there I went on to Tottenham High-Cross; from thence to Edmonton. Meeting with no work, I from thence returned back for home. Coming up Church-street again, keeping straight along by the river side, I saw two or three men come running towards me from out of the fields on my left hand; I did not know what their intent might be, I ran from them, and they pursued me: After that I met a man, and went on about two fields farther, and then I saw another man coming cross the fields towards Newington-green; that man crossed over one of the bridges on the right hand into the fields, I kept straight along. These men still pursued me. By that time I got cross another field they got pretty near me; they called, stop him, stop him. There were two men coming along, one of them was a soldier. I turned from the river to the left hand down a lane, and before I had got twenty yards down it, a man crossed the fields and jumped down from a bank upon me, and said, d - n you, I have catched you, you have robbed two gentlewomen in such a place. I, in running, was not able to speak, or say any thing in my own defence. The man went to strike at me, I held up my arm and desired him not to use him ill. Then the other came and said he is my prisoner, and catched me by my collar. Then Saunders came up to us, and the others inquired of me where the gentlewoman was to be found that had been robbed: Saunders said at Newington. Then they took me along the river side, going along Saunders said I lost sight of him a good while, or else I had not let him run so far as he did. When I came to Newington town, I untied my hat, because I would not be exposed to the public. Then they took me to several places to inquire for this gentlewoman, and at last they found her. Then she said, that is the man that robbed me, and he put a pistol to my breast and wanted my money. There were about 30 or 40 people about me. Somebody there produced a pistol directly, and said they took it out of my pocket. I never had any occasion to use any such thing. After that they charged the constable with me, and took me to New-Prison, and put me into a little room, where there were many irons hanging about, which was a great shock to me, that had done no ill in my life before. The turnkey said, if you have any money about you, I'd advise you to give it to me, and you shall have it safe again from my hands. I was much obliged to the man, thinking he would save the money for me. When the constable came the turnkey pulled the money out of his pocket, which I gave him, and said, young man, there is the 11 s. you gave me last night, and gave it to the constable. I was taken before justice Fielding, there the gentlewoman was examined concerning what had happened; she told him it was a man in a darkish coat that did the robbery, she did not swear to me.

For the prisoner.

John Darby . The prisoner was an apprentice to me, and served above 6 years, during which time he behaved very well and careful in his business. He used to write for me, and take my accounts in general. I have trusted him with money several times, and goods to a great value.

Q. How long is it since he left your service?

Darby. It is between 5 and 6 years. He married my servant maid the time he was my apprentice, and had half a year to serve, upon which I gave him up his indentures. Since this I have often heard he behaved very well, and endeavoured to maintain his family.

Q What has his character been of late?

Darby. In general it was very good. He endeavoured to work when he could get it.

Jonathan Judson . I am a woollen-draper. I knew the prisoner when he was an apprentice, he used to be sent to my shop often for goods; he behaved well, and was a very sober lad.

Q. Have you known him of late?

Judson. No, I have not; but I never heard any ill of him.

William Thompson . I believe I have known him about 10 years down to this time. I was foreman to his master where he was an apprentice, and have since employed him myself.

Q. How lately?

Thompson. Within this month, or thereabouts.

Q. What is his general character?

Thompson. He has a very good character. I never heard any thing to the contrary.

John Priestman . I have known him about a year and a half. I employed him about 6 months regularly. He went from me a little above a year ago.

Q. Have you known any thing of him since?

Priestman. I can't say I have heard much of him. As to the time he worked for me I employed him a good deal in writing, he kept my books; I believed him to be very honest in his principles; I had a very good character of him from the people where he lodged. I told him I could not wholly employ him to keep my accounts, but I heard of a person that wanted a clerk, and said I'd be bound for him as far as 50 l.

John Dolphin . I have known him 12 years, he had ready furnished lodgings at my house about 2 years ago. He used to come home directly after he had done work, and had a very good character.

Jacob Lewin . I have been very intimate with him these 5 or 6 years. He worked hard for his family, to bring them up decently, and always bore an excellent character. I have seen him at work within these six weeks.

Thomas Griffice . I live at Newington, and am a taylor. The morning this robbery was committed he was at my house to seek for work: when he found I could not employ him he leaned on my shop-board, and seemed very uneasy.

George Myers . I live at Stoke Newington, and am a taylor. I never saw the prisoner before he was taken, but my people told me he had been at my house that morning to seek for work.

John Dickson . The prisoner was at my house the day the robbery was committed (at Newington) to ask for work, he had an answer from my wife and daughter, but I did not see him till after he was taken.

Matthias Walker . I am a taylor, the prisoner served me in the capacity of a clerk, he came about the beginning of last Dec. and served me till the latter end of March. I believe, during the time he was with me, 400 l. went through his hands. I then did really believe him to be as honest a man as any. He had a great deal of liberty to have robbed me of a hundred pounds. There were very few weeks but he laid out 20 l. for me.

Q. What family has he?

Walker. He has a wife and 2 small children, and she is ready to lie down again.

Guilty Death .

503. (M.) Charles Flemming , otherwise Johnson , was indicted for that he, on the king's highway, on Isaac Matthews , esq ; did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one gold watch, val. 20 l. the property of the said Isaac, April 15 ++

Isaac Matthews . On the 15th of last April I was in a coach with my mother. On the Harrow road, just turning out the road up a lane to the house of my brother, at a place called Branns , betwixt 12 and 1 in the day, a person in a mask stopped us, and robbed me of a gold watch, a guinea, and about 12 s. in silver; he was masked, and threatened to shoot me if I looked at him; so I did not observe him, and cannot say the prisoner is the man.

Q Was he on horseback or on foot?

Matthews. He was on horseback

John Partridge . I was driving the coach in which were my master and mistress. About 20 yards before we came to a place called Branns, between 12 and 1 o'clock on Easter Monday, the prisoner bid me stop.

Q. Did you see his face?

Partridge. I did not then; I kept on and did not stop; he bid me stop again, but did not; then he held a pistol to me, and swore, d - n your blood if you don't stop I'll blow your brains out this instant; upon that I stopt : then he rode to the coach door and said, d - n your blood ( to my master ) deliver your money and your watch. I saw my master deliver his money and watch to him; and when we were coming home the Saturday after, we met the prisoner, in the same dress he had before, unmask'd.

Q. Whereabouts did you meet him?

Partridge. It was about 300 yards this side Padington

Q What colour were his cloaths?

Partridge. He had a chocolate coloured great coat, a cinnamon coloured coat, and a velvet crimson coloured waistcoat; the same coloured cloaths, and a brown cut wig, he had each time. I told my master, here is the man coming that robbed you. Then he ordered me to stop; this was 20 yards before he came to us; he was then unmask'd. I took much notice of him as he pass by us; by his dress and size I imagined him to be the same man.

Q. Was he upon the same horse?

Partridge. No, he was not; he did the robbery on a dark brown horse, with 2 white feet behind, but then he had a bay horse; he was then going the Harrow road. I never saw him after this till I saw him in Newgate; then they put him amongst, I believe, 14 or 15 people; I was desired to go in and lay hold of the man, and I went and took hold of the prisoner by the arm, and said, that was the man that robb'd my master; he is the man I saw at Padington; and he is the man I saw masked. As soon as I set eyes on him at Padington I recollected him.

Q. Had you ever seen him before he stopped you?

Partridge. No, not to my knowledge.

Q. from the Prisoner. He says he never saw me before he was robb'd; how should you know me if my face was mask'd?

Partridge. I only knew him by his dress and size when I met him again coming home.

Q. Did you hear him speak?

Partridge. Yes, I did, but I cannot swear to his voice, for when a man is masked it alters his voice.

John Lane. I keep the Gray-hound in Drury-Lane; the prisoner once dined at my house, along with a gentleman; he told me he was a doctor; he brought some physick for the gentleman; I believe it was some time in August last; he lay there one night. In the morning he came down stairs and called me into the dining room, and asked me to lend him 5 guineas on the watch (producing a gold watch ) I said, you are an utter stranger to me; he said, I am going to Oxford to see a brother, and I'll be up again on Monday; this was on Friday; so I lent him 5 guineas upon his watch, and have had it ever since, he never came to redeem it. He then went by the name of Joh nson.

Q. to Mr. Matthews. Look at this watch; do you know it?

Matthews. This is my watch, this is the watch that I lost the time I mention.

William Pentilow . I went with Mr. Partridge the coachman to Newgate, at the desire of justice Fielding, to see whether he knew Mr. Flemming, and he desired I would take particular care that he was put amongst a number of people, to see if he could find him out. I told the keeper what the justice sent me for. After he was turned in to find him out from about 10 or a dozen, he particularly distinguished him from the others. Before we went from the justice's the justice desired the coachman to look upon the table, and see if there was any thing he knew; there lay a gold watch and a silver one; the coachman said, that gold watch is my master's, that he gave 28 guineas for it and 5 guineas for the seal.

Prisoner's Defence.

When the coachman came with Mr. Pentilow to view me, there were 3 or 4 more about my fire with me; a person named Grizon saw me both noted and pointed at; he had a proper description of me, and it was a considerable time before he could fix upon me, and when he did he was ready to drop down. Will your Lordship indulge me to have him brought down? he is an entire stranger to me, I never changed ten words with him in my life; I do not deny having the watch in my custody; I had it of one Mr. Prescote in Bow-Street; he and I were prodigiously intimate; I lent him 8 guineas upon it. I hope the court will be so good as to remember my character on my former trial. See number 447 in last session-paper.

For the Prisoner.

Peter Grizon . I was among the other prisoners and Mr. Flemming when the coachman was there; he did not know Mr. Flemming; he before that had looked a long time through the gate, and Jackson, one of the runners, winked at the prisoner in order, I believe, to give instructions who was the man.

Q. Where is Jackson?

Grizon. He is now very ill.

Q. to Partridge Did you see this evidence when you went into Newgate?

Partridge. I don't remember I ever saw him there.

Q You hear what he has swore, that Jackson winked and noted, in order for you to fix upon the prisoner.

Partridge. My Lord, it is not true, Jackson never came near me; I went directly to the prisoner without any direction; please to call any of the turnkeys that were there.

Henry Straton . I was then locking the prisoners up; I was present when the coachman came in at the gate; he went in and pitched upon the prisoner directly; there was no hint given unto him whatsoever.

Q. Was Jackson there ?

Straton. I don't know that he was there; I was surprized at the coachman knowing him; I thought that he knew him perfectly well, and the prisoner changed his cloaths too at the time.

Prisoner. I walked backward and forward 12 or 14 times, the coachman stood and looked through the place all the time I was changing my cloaths.

Guilty Death .

506. (L) Elizabeth Upton , was indicted for stealing 20 pound weight of loaf sugar, val. 17 s. 1 pound weight of tea, val. 6 s. and 15 d. halfpenny in money numbered , the goods and money of John Austin , Sept. 15 . +.

John Austin . I live in Bishopsgate street . The prisoner was my servant . I had missed money several times, which was the occasion of my marking some halfpence, which I did at a baker's near me. I marked 6 s. worth. At night, on the 14th of Sept. I took out all the halfpence from the drawer and put in the marked ones, and on the next day (being Sunday I made an enquiry and found some were taken out; I made a general charge, and said, I had lost some halfpence; the prisoner came into the parlour and said she had took them out, and produced them with others not marked. I asked her what were in her box; she opened two boxes, in one she said there was something that was not her own; I found a loaf of sugar and a small parcel of tea, and 5 single pounds of sugar. We made a farther search, and found under the bolster of her bed another loaf of sugar tied up in a handkerchief, and in a closet (where were foul linen) there we found two parcels of tea, in quantity about a pound in the whole.

Q. What might that be worth?

Austin. It might be worth a dozen shillings, I have valued it at 6 s. After this I laid them all together, and called two servants up stairs, and let them see how I had been used by her; she confessed then before them, and has also done since, that she took those things out of the shop, and the reason she gave for so doing was, she said, she thought somebody had divers times come into her room and tumbled about her things, and she wanted to know who it was that came into her room, and by that she should find, by people saying they had found those things, who it was that came there.

Cross Examination.

Q. How long has she lived with you?

Austin. She has lived with me 2 years and 2 months.

Q. Had she not used to lay out money to buy things into the house?

Austin. No, she did not, except she came and asked me or my man for it.

Q. Had not she the liberty to go to the till?

Austin. No, she had not for a farthing.

Q. Did she not take money in the shop?

Austin. No, she did not; once the porter and she were at home together, and she took a penny for that which was worth a groat or fivepence; so she is not a fit person to serve in the shop.

Q. Where did she say she had the halfpence ?

Austin. She said she took them out of the drawer.

Q. To what purpose did she say she took them out?

Austin. To put them in again, she said.

Q. Who was by when she said this ?

Austin. Brockass and William Wright were.

Q. Did not she say she took the halfpence out to lay out for the family ?

Austin. No, she did not.

Q. Did you apprehend her immediately after you had searched her box?

Austin. No, I consulted with a friend what to do; and when I came home she was gone, and I cannot say I was sorry then, but I did not think things to be so black as they appear since.

Q. Did she not come back again ?

Austin. Yes, she did. I think on the Tuesday; then I was not at home; she wanted her cloaths

Q. Did she come after that ?

Austin. Yes she did, the next day; then I sent for a constable, intending to call her to an account for what she had wronged me of. She accounted for some things that she had lately bought, by saying a person died and left her money.

Q Did not you give her some cloaths?

Austin. No, I did not.

Q. Why did you not charge a constable with her?

Austin. I said she has given an account how she came by some things; and it was possible she might go and live at some farm-house, and get a livelihood without injuring any person; and while we were consulting this she ran away.

Q. When did she come again?

Austin. She came again the next day; I said you have a consummate impudence; then she disappeared immediately. After that she was sent for to Mr. Rhodes, a publick-house; I was there in order to apprehend her, and did when she came.

Q Were both her boxes locked when you went up to them?

Austin. They were.

Q. Could other people have access to this room?

Austin. They might.

Q. Have you ever heard she is with child ?

Austin. I have.

Q. Did you never hear by whom?

Austin. I have heard she was by me.

Council for the crown. Upon your oath did you ever give occasion for such report?

Austin. I never in my days had any concern with her; I never showed an indecent action, or used an immodest expression to her.

Q. Are you a married man?

Austin. I am not.

Mr. Brockass. On Sunday the 15th of Sept. I dined at Mr. Austin's. I lived next door to him then. After dinner he went down stairs to fetch up some tobacco. When he came up he said he had been robbed, and called his servants into the dining-room, and asked them about the money; two of them denied it, the porter and the journeyman; the maid, being the third person accused, confessed having the halfpence and produced them. She said she took them out with an intent to put them in again, and that she had done so twice before, and had put them in again; the last time was the Sunday night before, and had put them in on the Monday morning following. She said her master having had a suspicion of her, so she took them that he might find her out. Mr. Austin insisted upon seeing if she had any thing concealed in her bed chamber; he first examined some band boxes, and after that a little trunk that was locked; there were only cloaths and money, silver and gold; after that he persisted seeing into a large box. She said, Sir, here are things that are not mine in it. There we found a loaf of sugar and a handkerchief, in which were 4 parcels; and 2 loose papers, whether they contained tea or sugar I cannot tell. After that I examined about the room, and found in a closet among some cloaths, 2 paper parcels; and under the bolster of her bed I found a sugar load tied up in her handkerchief. Upon examining her about the tea, she said she took it out of the top canister in the shop.

Q. Did she acknowledge the sugar was her master's, or whether she had it from another place?

Brockass. I cannot particularly say she acknowledged that to be his; she, in general, acknowledged putting them there.

Cross Examination.

Q. Were the words, that it must come out, or she took the tea out of the cannister?

Brockass. She said she took it out.

Q. In what capacity was she there ?

Brockass. She was Mr. Austin's servant.

Q. The only maid servant?

Brockass Yes.

Q. Did she not say it was tea to drink?

Brockass. I am certain she did not.

Q. Who bid you go and search in the closet?

Brockass. I went of myself.

Q. How came you to think to search under the bolster of her bed for sugar? Did Mr. Austin direct you to go there?

Brockass. No, he did not; he was talking to her of what a wretch she was, and I began to search about at that time; I looked at the tester of the bed, and in every corner of the room.

Q. Might not she have made her escape if she would after this.

Brockass. She might.

Q. What did she say for herself ?

Brockass. She said she suspected her master would have been looking about in her room to see if he could find any thing; and she put the sugar there thinking he would find it upon her, she having had her things and letters tumbled about.

Q. Was that the meaning of what she said ( that she had had her things tumbled about, and she put them there to know who tumbled them about?)

Brockass. It might. The halfpence produc'd in court.

Brockass. These she brought and deliver'd to her master; they are marked on the Britannia upon the head with a file. She told him she took them out of the drawer, and that she had put them to her own.

Q. Have you not heard it reported there was a familiarity between her master and she?

Brockass. I have heard it reported since she went to prison; there was no suspicion or report about it before that.

Q. Had the neighbours observed nothing at all by her appearance?

Brockass. The neighbours observed she went very fine in clothes.

Q. How long did you live near the prosecutor?

Brockass. I lived about three months next door to him; I never suspected any familiarity between them. I really believe there never was any.

Wm Sibley . I know nothing of the halfpence. On the 14th of Sept. Mr. Austin came to me and said he wanted to speak with me; he with a good deal of concern told me he had great reason to suspect some of his servants had robb'd him; that he had mark'd some halfpence, and missed some out of his drawer last Saturday; I said how did you mark them? he said he scratched them with a pin. I said that is not the way; let's mark some more; then he went and scratched five shilling's worth of halfpence, and with a three corner'd file, we mark'd about four shilling's worth of them before a customer of mine came in.

Q. Who marked them?

Sibley. I believe I did.

Q. How did you mark them?

Sibley. I gave a little scratch just by the head of the woman, on all alike; he marked the other shilling's worth, or thereabouts, I can't say to a halfpenny, but I looked at every one of them. I told them to see if there were 5 s. or not. I said, you should do a few more; then I marked a shilling's worth of my own, and he gave me a shilling for them. The next morning I went into the country.

Prisoner's defence.

I never wrong'd my master in my life. The halfpence were to buy things into the house. I never took tea or sugar from him. I am with child by him.

For the prisoner.

John Uriam . I have known the prisoner about a year or two, I never saw her before she came to live with Mr. Austin; she has several times bought goods of me, and paid me very honestly; I never heard any thing of her but that of a reputable person.

Cross Examination.

Q. What goods did she buy of you?

Uraim. They were linen goods.

Q. How much at a time?

Uraim. Ten or a dozen shillings at a time. I know nothing of her more than her coming to buy goods of me.

Jos. Reves. I have known her about a year, as a house-keeper generally reported.

Q. What is her general character?

Reves. I believe she behav'd becoming that of an honest servant.

Q. Did you ever hear any thing ill of her?

Reves. No, only her being free with her master.

Q. Do you think she would be guilty of stealing sugar and tea from her master?

Reves. No, I don't think she would.

Cross Examination.

Q. Do you know any thing of your own knowledge of her being familiar with her master?

Reves. No, I do not; it is generally reported that Mr. Austin and she were familiar by the manner of her dress. Mr. Sibley gave a relation of a case before she was confined in goal 5 or 6 months. He was joaking with Mr. Austin, as men will do. Mr. Austin said, you have nothing against me; I mind not your joaking. Said Mr. Sibley, you once borrowed a pair of boot-straps of me, and I asked you for them : you said you could not tell where they were, and said to your servant, do you know any thing of them? and said they are leather, with holes in them; She said, O! they are in my master's great coat-pocket upon my bed.

Q. to Sibley. Do you remember any thing of this conversation?

Sibley. We had got to a neighbour's house smoaking a pipe one afternoon, joaking about Mr. Austin's maid going so fine, and better than trademen's wives; she would be dressed by ten in the morning, and our wives could not till four in the afternoon; I said, I can make you blush. No, said he, you can't. Said I, do you put me to the challenge? then I said, I'll out with it; and said some time ago you borrow'd a pair of great-coat straps to buckle a great coat on before, and I went there, and you was not at home; and presently your maid came in. I said to her, do you know any thing of a pair of great coat straps I lent your master to buckle on a great coat? She said, O lord! I believe they are in my master's coat-pocket on my bed. I said, what has your master's coat to do upon your bed? She said, I put it on my bed to keep me warm.

Q. Do you believe they were familiar together?

S ibley. Upon my word I don't think they were.

Q. Did you believe it then?

Sibley. I can't say what I might believe then?

Q. to Reves. By what do you look upon her to be honest?

Reves. She has come to our shop to buy salts and other little articles, and always paid for them.

Q. Have you any other reason to say she is honest?

Reves. I have no other reasons only by that.

Court. You seem to accuse the master of too great familiarity with her. Will you now come and give her the character of an honest woman, because she came to your shop and paid you for some salts ? If she was her master's whore, could she be honest ?

Reves. I say so, because she generally bore a good character.

Q. Do you reckon that, having a good character, if what you say is true?

Reves. There may be a great many people in England guilty of fornication that will not rob.

Christopher Wagget . I have known her about a year, or a year and a half; her behaviour was in a decent appearance; I never heard an ill character of her in my life before to-day: I have heard talk of her going finer than her wages became her.

Mr. Palmer. I have known her three years and upwards; she lived servant with me, and behaved exceeding well during that time. From me she went to live in Bishopsgate-street; I did not know her master's name before.

Q. What did you give her per year?

Palmer. I believe it was 4 l. per year.

Mrs. Merrit. I was her opposite neighbour 12 months ago, but am now removed; I always took her for a sober honest person; I never saw to the contrary; I do not look upon her to be a person that would be guilty of stealing tea: I would not now scruple taking her into my house was she at liberty.

Cross Examination.

Q. Did you take her for a whore all those 12 months?

Mrs. Merrit. I had no thought of that.

Q. Where do you now live?

Mrs. Merrit. I now live in Charles-street, Westminster, and keep a tallow-chandler's shop.

For the Crown.

George Rhodes . I was at the examination of the prisoner before the Alderman the night she was taken up; she said since she had been in Mr. Austin's house, he had never been guilty of the least indecent word or action before her.

Guilty 10 d.

[Transportation. See summary.]

507. (M.) John Massey , was indicted, for that he on the 8th of July , about the hour of two in the night on the same day the dwelling-house of Susannah Nobbs , widow, did break and enter, and stealing out thence one promissory note of Agathy Child and Co. then bankers and partners, for 31 l. 10 s. being then due and unpaid; 40 guineas, 10 half guineas, 10 36 shilling pieces, the goods and money of Susannah Nobbs and Thomas Nobbs ; one other note payable to the Governor and Co. of the bank of England, for 60 l. payable to a person unknown to the jury, being then unsatisfied for; and 20 guineas, the property of George Holland ; 6 gold rings, val. 3 l. one other gold ring, one 5 guinea-piece, one 2 guinea-piece, one Luidore, val. 15 s. one piece of antient gold coin, call'd, a 25 s. piece, 3 silver medals, 6 silver table-spoons, val. 50 s. 1 silver strainer, 1 pair of silver sugar tongs, 1 other silver spoon, the goods of Ann Mallery , widow , in the said dwelling-house . ++

George Holland . I am servant to Mr. Nobbs an oil-man in the Strand . On the 8th of July at 11 at night I went down as usual into the warehouses, to see if all was safe; there is a door that comes out into Durham-yard, that was safe locked and bolted; there was a passage from this door which was locked, which leads into the other warehouse, which I call the second warehouse, in which was an iron door which was then locked, in which was a chest in a cavity in the wall, in which were these things mentioned in the indictment; it is a place of security to preserve things from fire. In the morning about 7 l ordered the porter to take down some broken glass, which he, attempting to do, found the door that enters the stairs from the house fastened within-side.

Q. Had that us'd to be open?

Holland. It did, to go down; he call'd to me to shew me that he could not open it: I attempted to open it but could not; then I sent him up into the shop for an iron instrument with which we rench'd the door open, and on the inside found the key push'd in above the latch to prevent its rising. I asked the porter if he did it; he said no. I sent him then for the broken glass, he went and returned, and said there was something amiss below. I went with him, when I came to the bottom of the stairs I found a parcel of bricks, and this instrument, (producing the head of a paviour's new pick-axe.) I found the iron door open, and the lock taken off the wooden chest that was inclosed within the iron door, was three parts or better drawn out; it had a sliding lead which was pushed back, and two bags that contained the cash mentioned in the indictment, were taken out.

Q. Had you ever seen the bags there?

Holland. I am sure there was that money in them, I put it there my self the day before; the notes were there also.

Q. Was the chest locked?

Holland. No, it was not. About four yards from that iron door I found a box open that had several pieces of plate in it, which box was some time before delivered to me to be put into the chest by Mrs. Nobbs, lapp'd up in brown paper, tied and seal'd, and said it contain'd plate, the property of Mrs. Mallery. When I went into the other vault, which had a door out into Durham-yard, I saw four holes bored in that door, one under each bolt, and two that came opposite to the wooden bar that went a-cross, and the box that the lock shot into I found had been forced from the door-post, from this I imagined it must be done by some body that had lived in the house; and the prisoner being the last person that went away from us, I suspected him; so the next day I went to a shop in a passage, either Red Lion or Gray's Inn passage, near Red Lion square; I am not sure of the name, where his aunt and mother live; I asked if they knew John Massey ; the aunt told me she did, but had not seen him some time; the prisoner's sister asked me my business; I said I heard he was going into the excise; and I came to wish him a good journey; then the mother came to me and ask'd me when I had seen him; I said at the Three Cups on the Friday before; and that he told me he was to be station'd in the excise.

Q. Where did you meet with him at last ?

Holland. It was at Mr. Fielding's; I was not there at the first examination; I went out of town that very day.

Q. What money and notes were in the chest?

Holland. There was a promissory note of Agatha Child and Co. dated the 27th of June last, for 31 l. 10 s. payable to Richard Backwell , Esq; or bearer, 40 guineas, 10 half guineas, ten 36 shilling-pieces, the property of Susannah Nobbs ; there was a promissory note for 60 l. and 20 guineas, my property; 6 gold rings, val. 3 l. one other gold ring, one 5 guinea piece, one 2 guinea piece, one Luidore, one 25 s. piece, one silver strainer, three silver medals, 6 silver table-spoons, one pair of silver sugar tongs, one other silver spoon the property of Ann Mallery , widow; but these things of Mrs. Ann Mallery I saw. I observed there had been two or three pinches taken at the frame of the iron door to force it out. After which I imagine they took down the brickwork in order to get two hands in, by which means the nuts of the screws were taken off with-inside, then the door was thrown open; the lock was found amongst the rubbish.

Q. Is this ware-house part of the dwelling-house?

Holland. It is; it is under the house.

Joseph Smith . I am porter to Mr. Nobbs; I was the first person that went down into the cellar.

Q. Have you heard the evidence given by Mr. Holland, as to the condition of the cellars, the morning you went into them?

Smith. I have ( he confirmed the account of the breaking given by him.)

Thomas Nobbs . I am in partnership with my mother, Susannah Nobbs , and live in her house. I was out of town when this affair happened, and had been ten or twelve days; I am not able to give any account of the quantity of money put into the chest. The note for 31 l. 10 s. was transacted when I was abroad; the place that was broke in the cellar was built on purpose for the security of books and money. When I came to town I suspected the prisoner on the account of his telling me he was going into the Excise, when he gave me warning to leave my service; he had left me just a month when I was robb'd; and from the situation of the place, I was pretty certain it must be some body well acquainted with the house that broke it open. I applied to one Mr. Mellish, one of the Commissioners of the Excise, to know whether such a person was appointed for the Excise or not. He went the next day in order to be satisfied, although it was not his turn, he called, and told me there was no such person appointed, nor no such had made application; this confirmed my suspicion. Upon this I advertised the note and money, and described the prisoner, with a reward of twenty guineas for his person. He was taken up by one that knew him, and when he was brought before Mr. Fielding, I was sent for; he there made a full and ample confession, not only of the manner in which he did the burglary, but where he bought the instruments; that he bought a cooper's auger somewhere in Hockley in the Hole; and that he likewise bought a pick-axe with which he forced the lock of the vault door next to Durham yard, and with the same pick-axe pull'd down the brickwork, in order to get at the lock of the iron door; and that he took away the bags out of the repository, and that he got in about the hour of twelve; and I think he staid there about an hour. Mr. Fielding then ordered him to be searched; there were taken out of his pocket 7 guineas and a half, some silver, and a medal, which I have here, and a very remarkable half crown, a William and Mary very finely preserved. Mr. Fielding asked him whose money it was; he said his master's, and that he had it out of his bag.

Q. Who did he mean by his master ?

Nobbs. He pointed to me. Mr. Fielding bid me put them in my pocket and keep them by themselves. The prisoner gave an account of this without being asked; he also, which was remarkable, mentioned the pick-axe, which at that time had not been shewn to him, which we found among the rubbish. He has made several confessions of this; I only mention the first, which Mr. Welch and Mr. Gee heard, being by at that time.

Ann Mallery . I deposited money and a Jernegan's medal, with other things, with Mr. Nobbs; She looks at the William and Mary half-crown; this is very much like a half-crown of mine I lost at the time mentioned; mine was very curiously preserved, and so is this. As to this medal, there are more struck with the same die; I can't swear to it, but I had such a one. I had amongst other things, 6 great spoons, a child's tea-spoon, 8 tea-spoons, tongs and strainer.

Mr. Welch and Mr. Gee deposed to the voluntary confession of the prisoner before Mr. Fielding and Mr. Nabbs.

Prisoner's defence.

I was at harvest-work in the country at the time this was done. I was frighted into a confession.

Mark Plumber , with whom the prisoner had lived servant between two and three years, Thomas Frow , Jonas Parker, Samuel Grinley , John Coe , and Thomas Weston , who had each known him four or five years; and William Boroughs , who had known him about eight years, all gave him a good character exclusive of this fact.

Guilty Death .

508. (M.) John Sacker was indicted for stealing 2 pair of silver buckles, val. 9 s. 1 cotton waistcoat, val. 9 s. 1 swanskin waistcoat, val. 2 s. 1 pair of shoes, and 1 Perriwig , the goods of George Curtis , Sept. 25 . +

Geo Curtis . I am a waterman and lighterman . On the 27th of Sept. in the evening about nine o'clock, I went on shore at St. Cathnrine's, I returned to my cabin about half an hour after five the next morning, then I missed the things mentioned in the indictment. After that a butcher-boy told me he had seen the prisoner with a pair of buckles to sell. When he was taken he told me he had sold the buckles to Mr. Harding in the Minories; I went to the place with him. Harding told me he bought a pair of buckles of him for 9 s. and shewed me the chapes; from thence he took me to Charles Rotery , a cloaths man in Church-lane, that man owned he had bought the waistcoats for 3 s. and had sold them again; then he took me over the way to Robert Murray that keeps a shoemaker and barber's shop in a cellar, where he said he sold the wig for 2 s. I took him before justice Scot, there he confessed that he took every thing mentioned out of my cabin.

John Blackerby . Mr. Curtis had ordered me to secure the prisoner if I could see him; I took him in custody on the 28th of Sept. about 12 at night, and sent for Mr. Curtis, after which he owned he took the things mentioned, and told where they were sold, and he went to all the places with us.

Prisoner's defence.

I was in company one evening pretty late at a club; I staid till between 11 and 12; I made the best of my way home; my landlord not being up, I thought rather than lie in the street to go into the shop where I work; I went there and took up a bundle in which were a wig and a pair of shoes, out of which tumbled a pair of buckles. I thought I had found a good find, the next day I went and told them. I thought no harm at all, two or three days after I was over-against the watch-house at St. Catharine's, the watchman came and took me by the collar, and said I was his prisoner, and ask'd me if I knew of such and such things? I said yes, but I did not own I stole them.

Blackerbey. He said to me he took them out of Mr. Curtis's barge.

Guilty .

He was a second time indicted by the name of William Smith , for stealing one silver watch, val. 50 s. the property of Zac Blacketer , in the dwelling-house of the said Zac. Sept. 8 . + .

Zac. Blacketer. I am a Cheesemonger in East Smithfield. The prisoner took a lodging in my house, ready furnished; he went for a cooper. On the 6th of Sept. the first night he lay there, he burnt out a whole candle; the next day he came in about 12 o'clock at night and lay on bed till 12 the next day, which was Sunday; he got up and went out, and came in about half an hour after 6 in the evening, and said he'd go lie down for half an hour, and then he'd go and see his mother; he told me she was a tallow-chandler near London-stone; he went up about 5 or 6 minutes, he came down, and at going out, said he had ordered a man with his chest of cloaths, and bid me take care of them; I went up stairs in about three quarters of an hour and missed my watch which was hanging up in my room before, and the door was left open; then I suspected, as I had lost my watch I had also lost my lodger. I saw it in the room about half an hour after five, and missed it about half an hour after seven; I went to inquire for his mother, but from one end of Canon-street to the other, I could not find such a name. On Sunday the 5th of Sept. I was informed the watch was pawn'd in Ratcliff high-way. I went to the Sun-tavern and sent the drawer to the pawn-broker to know if the watch was there that was pawn'd the last Sunday-night, by William Smith , I had word brought it was, but no one would have it deliver'd to them but the person that brought it: after that I went to the house and told the man the watch was mine, and said it was stole from me, and bid him deliver it to no body upon his peril, till I came for it. On the Monday morning I and another man went to take the watch out; then the pawnbroker denied it, and said it was deliver'd unknown to him, and scratch'd out of his book, and I might do my worst. I desir'd him to show me his book to see if it was delivered; he said I nor no man in England should see his book. On the Michaelmas day after I was out of town, and came home about 10 o'clock at night. Somebody had been to let me know the prisoner was taken, and was in St. Catharine's Watch house; I went there, and asked him what he had done with my watch? he owned he had took it, and said he had pawned it at Mr. Leach's for half a guinea. I said, you have redeemed it; he said he had not; the pawnbroker was subpaenied to be here and he has not appeared.

James Apleby. I live at the Sun tavern, Shadwell. On a Sunday night the prisoner came into our house and had a halfpennyworth of gin and a pint of beer. He pulled out a watch, the glass was broke and he had lost the two hands; he wanted to know where one Mr. Valentine lived, to have a glass put in: we were coming back; he said he wished he knew who would let him have some money upon it, and asked me if my master would lend him some on it? my master was in another room; I called him out and asked him; he said he did not chuse it, but sent me with him to Mr. Leach the pawnbroker; there was the servant man in the shop; he pulled off the outside case and the pendant came out; he looked upon the works; the prisoner said that watch kept as good time as any watch in England. He wanted 12 s. on it, the man let him have half a guinea. He put down Smith in the book, I did not hear the christian name. The prisoner went back and lay at our house that night, On the Sunday following the prosecutor came to our house and enquired about it, and I went to the pawnbroker's and asked him if that watch, that was put in last Sunday night, was gone? he said no.

John Blackerby . After I had taken the prisoner I heard him confess to the prosecutor he had taken the watch out of his house, and went and pawned it; I went with him to the pawnbroker's; he asked for the watch he pawned for half a guinea; the woman went up stairs, as we believed, to fetch it; presently came down her husband, and said, what do you want here? the prosecutor asked for the watch pawned there for half a guinea such a day; he looked at him, and said, I have it not. The officer said, you had it of this man ( meaning the prisoner) and it is stole. He said, I know nothing of it, you may get it as you can. The prisoner pointed, and said, you put it in that drawer when you had it of me.

Prisoner's defence.

I happened to be at the Sun tavern at Shadwell, with 2 or 3 men; one of them said he was short of money, and desired me to carry his watch to pawn; I said I knew no pawnbroker, but I would take the lad of the house; he bid me not tell whose it was; so I carried it to the pawnbroker's, and had half a guinea upon it in the name of Wm Smith ; and the pawnbroker said that Wm Smith fetched it out the next day.

Guilty 10 s. 6 d.

[Transportation. See summary.]

509. (M.) Alice Stafford , spinster , was indicted for stealing one lawn gown, val. 10 s. one cotton gown, val. 10 s. two lawn aprons, val. 5 s. one pair of stays, one silk capuchin, one dowlass sheet , the goods of John Williams , Oct. 15 . +.

Guilty 10 d.

[Whipping. See summary.]

510. (L) Mary Winter , otherwise Collings, otherwise Shermon , was indicted for stealing one Dresden handkerchief, val. 5 s. one cloth coat, one tick bolster case, one linen apron, and one silver tea-strainer , the goods of John Mac-Dugan Sept. 7 . + .

Acquitted .

511. (M.) Lloyd Davis , was indicted for that he, in a certain open place, called St. James's park, near the King's highway, on George Pritchard did make an assault, putting him in corporal fear and danger of his life, and taking from his person 2 s. 6 d. the money of the said George Pritchard , Sept. 22 .

Acquitted .

512. (L) Charles Paterson , was indicted for stealing one silver watch, val. 30 s . the property of James Paterson , Aug. 24 . + .

Acquitted .

513. (L) James Batty , was indicted for stealing one silver quart tankard, val. 6 l. the property of Samuel West , Oct. 3 .* .

Samuel West lives at the Red Lion, Silver street, by Golden square ; the prisoner lodged in his house about two months; the prisoner carried the tankard to John-Short Clark, in Fleetstreet, on the 3d of Oct. to pawn, who stopped it and the prisoner; the tankard being but seldom used was not missed till by the direction of the prisoner the prosecutor was sent for before the sitting alderman, and swore to it as his own property.

Guilty .

[Transportation. See summary.]

514. (L.) Jane Blynn , was indicted for wilful and corrupt perjury, in giving false information before the late Lord Chief Justice Lee, Aug. 1. 1753 . in swearing to a written affidavit, complaining against Edward, otherwise John Rowland , and divers others, that they came into her house, made a great riot in her house, and swore they would set her house on fire, and did put her in fear of her life, and did beat and abuse her and John Stevens , and raised a mob of 200 people round her house, and encouraged them with money to abuse her and John Stevens , her servant, on the 14th and 17th of July .

Benjamin Thomas . produces an information say before the late Lord Chief Justice Lee, by Jane Blynn and John Stevens , Aug. 1, 1753, I believe the defendant at the bar is the woman that swore it. I remember her the better, she being with me 2 or 3 times about it.

Q. Did you see her sign it?

Thomas. I believe I saw her sign it, or acknowledge it to be her mark, and also that I swore her, which is always done previous to the caption. I have no doubt in the world but that the person who signed this information was sworn.

Q. Here is a place erased, and also an interlineation in another place on it; did you observe them before it was sworn?

Thomas. I can't say I remember them.

Mr. Hill. I saw the woman at the bar come to Guildhall, and heard Mr. Thomas administer the oath to her. I kept the door there.

Q. Can you take upon you to say this is the information, which she swore, without alteration ?

Hill I cannot say.

William Carter . I know Jane Blynn , I had a warrant against Edward Rowland , John Ashmore , William Fitzmorris , and Richard Benton , upon an information she made. He produced the warrant. I took up William Fitzmorris, John Ashmore , and Richard Benton on the 3d of Aug. 1753. Jane Blynn came to me several times about that since, and talked to me about it. I heard her say she had been sworn : and one Thomas Westbyer appeared as her solicitor on this occasion. He told me at Guildhall coffee-house, on the 8th of August, that neither Stevens nor Blynn were sworn to that information, upon which I went to Guildhall and met Mrs. Blynn; I asked her whether she was sworn or not to the information. She told me she had been sworn to the information, and if there were occasion she would go before my lord, and swear it again. This I made a memorandum of.

Q. Did you take up any others by virtue of that warrant?

Carter. I believe I took up 5 more Some gave notice and put in bail, and never were in custody. There were Isaac Thorp , Robert Baskerville , Edward Rowland , and one Trottman: there are eleven in all in the information.

Edward Rowland . I never was in the prisoner's house in my life, nor never spoke to Stevens or her to my knowledge, nor had any concern with either of them.

Q. Was you in her house in the year 1753, breaking the windows?

Rowland. No, never in my life, I never had any conversation or concern with her about what she has charged me with. When I was told there was a warrant, and some people taken up, and that I was in it, I sent notice to the prisoner of bail, and took two of my neighbours, and bailed it at justice Fielding's.

Q. Was you in a mob about her door?

Rowland. I never saw a mob there. I saw as I was in my own house John Stevens arrested.

Q. Was you bail for any person?

Rowland. I was bail for Mr. Thorp

Mary Beesmore . I have heard Jane Blynn frequently say to Mr. Stevens, and swear besides, wishing many a bitter wish, she would have revenge of Mr. Rowland, because he was an acquaintance of that rogue Thorp, that keeps the Ship, and that she would drive the place of them both.

Q. Where do you live?

M. Beesmore. I live in Petty-France, very near the Ship.

Q. How came you to hear her say this ?

M. Beezmore. I frequently went to her house about the time of these quarrels.

Q. What was the cause of her animosity against Thorp?

M. Beezmore. I can't tell. I have heard her say many a time his sign should be pulled down; and she would drive the place of him and Rowland.

Sarah Jacobs . I lived 4 months in Jane Blynn's house when she lived in Goswell Street. I have heard John Stevens and she together talking, and she has said she would never leave Rowland, or rest, till she had made a sacrifice of him, Ashmore, and Thorp. This I have heard her declare many a time.

Q. How came you to live with her?

S. Jacobs. I was with her to appraise some pawned goods to make a sale of them; she brought them with her from Westminster.

Q. Do you know what reason she gave for her saying so?

S. Jacobs. I know not the reason. But she said they were a combination of thieves and blackguards, and Mr. Salt at the Gatehouse was the biggest of them all, and that she would make beggars of them all; I have heard her say she did not know them to be acquainted with them. She sent for me, when she went out of her house, and said, Mrs. Jacobs you are a very honest woman, your word will go in a court, you never was brought in question; you must swear that Thorp, Ashmore and Rowland came every day to the door, and threatened to have us out life and limb when we came upon trial (this was after she could not get bail) She told me she was sadly afraid Mr. Waters does not do me justice; come along with me and let me examine him. He gave her but little encouragement in her affair, and she seemed to be afraid of him. She said also, that Stevens's character was so bad that she would not take her trial with him, for if she did she should be cast; and you must say he is gone you know not where; she said she would say so, and then I might after her; said I, can you say so before the face of a judge, when you put him out of the way for a day or two?

Q. How long was you in her house?

L. Jacobs. I was 4 months there; I never saw her since because I would not swear it. The reason of my going to her first was, my husband had pawned some things there, when she lived in the Broad-way, Westminster, and she was gone and we could not find her; at last we found her in Goswell street, and she said we were forced to come away from there because there was no peace.

Isaac Thorp . I was indicted at Westminster sessions by Jane Blynn , and Mr. Rowland was my bail. I never spoke to Jane Blynn in my life to my knowledge.

Joannah Russel. I have been chairwoman to Jane Blynn . I have seen many disturbances at the door.

Q. Did you ever see Ashmore, Thorp or Rowland in any mobs at the door?

Russel. No, never in my life; the prisoner used to keep her door locked; I used to give answers for them to people that wanted their goods which they had pawned; these were all the riots that I saw; and she and Stevens would not let them have them, although they brought their money in their hands.

Simon Jacobs. I have heard Jane Blynn say many a time she would be the ruin of Thorp and Ashmore, and said, we must do it for them, for they are the best feathers to pluck; and that she'd not leave one a pot of beer to draw, or the other a loaf of bread (one being a baker, the other kept an ale-house) and says Stevens, I'll get a sheep's heart and take the congealed blood out and say it was human blood from their beating.

Thomas Jennings , I lived next door but one to Jane Blynn ; there was frequently rioting at the door by people for their goods, which they had pawned, when they used to deny them entrance.

For the Prisoner.

Martha Smith . I remember on the 17th of July, when Mr. Stevens was arrested, it was just by Mr. Thorp's door; Mr. Thorp was looking out at his window; Mr. Stevens shewed his supersedeas; they abused him very much; the man made the best of his way to his own apartment; Mr. Thorp followed him to his own house, that is Mrs. Blynn's,

Q. Did you see Mr. Rowland at that time?

M. Smith. I cannot say in particular I know Mr. Rowland.

Q. Did you hear his name mentioned?

M. Smith. I did not indeed in the riot; but I heard Mr. Fitz Morris's wife say that Rowland and Thorpe were in the riot with her husband, and one Trotman.

Q. How long have you known Mrs. Blynn?

M. Smith. I have known her near 30 years; the first of my knowing her was when she lived in a court in Fleetstreet.

Q. In the course of 30 years how many times have you been an evidence for her?

M. Smith. I was for Mr. Stevens, when he exhibited the articles of peace against these people, and never any other time.

Thomas Cook . I live next door to Mrs. Blynn; I remember there has been riots more than once or twice.

Q. Did you ever see Rowland there?

Cook. I cannot say I ever did; I have seen him before the justice when the warrant had been served; I know one James Neal told me he was in the riot.

Q. to Sarah Jacobs . Do you know any thing of this Martha Smith ?

Sarah Jacobs . I have heard her say many a time she has swore several times for Jenny Blynn , and d - n'd her soul for her, and now instead of speaking for her she would say the contrary, and if she said the truth of her she must say she was both thief and whore.

Q. What is the general character of Smith?

L. Jacobs. Upon my oath she is a very terrible woman, and I believe would not value swearing any body's life away.

Guilty .

[Imprisonment. See summary.]

[Transportation. See summary.]

514. John Wright , was indicted for wilful and corrupt perjury . The indictment was laid wrong.

Acquitted .

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

Received Sentence of Death 6.

Thomas James 481

William Cottom 477

Lyonell Reculus 470

Charles Flemming , otherwise Johnson 503

John Massey 507

Thomas Rolf 502

Transportation 21.

James Tillie 480

John Allen 483

Elizabeth Upton 506

James Barry 513

Benjamin Ball 498

Samuel Sparks 491

Eliz. Hammond 472

William Yates 499

John Wadersly 502

John Allen 487

Daniel Malone 488

Richard Dudley 489

Elizabeth Poulson 493

John Taplin , otherwise Tapling 492

Samuel Gentory 486

William Woolner 467

Elizabeth Cooper 494

Elizabeth Swift 503

Barwell Smith 495

Catharine Eaton 496

John Sacker 508

To be whipped 5.

Thomas Smith 478

Martha Newton 501

Catharine Moon 470

Alice Stafford 509

John Allen 487

Jane Blynn imprisoned three months in Newgate, and after that to be transported 7 years. 514

A List of the acquitted.

James Covell 468

Mary Gawhaguen 469

Margaret Purser 471

Soloman Brotherton 482

Valentine Row 473

James Hambleton , and Mary his wife 474

Mary Price 475

James Harris

John West

Ann Gibson

476

Eliz. Woodcock 479

Alexander Barron 484

Eliz. Hammond 485

Robt. Cunningham 490

Margaret Martin 497

Oliver M'kalister 500

Lloyd Davis 511

Charles Paterson 512

Mary Winter , otherwise Collins, otherwise Sherman 510

John Wright 514

The next sessions will begin on Wednesday the 4th of December.

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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.

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

By T. GURNEY, Writer of these Proceedings.

Sold for the AUTHOR, by all the booksellers in town and country.