Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 October 2014), January 1755 (17550116).

Old Bailey Proceedings, 16th January 1755.

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 Thursday the 16th, Friday the 17th, Saturday the 18th, Monday the 20th, and Tuesday the 21st of JANUARY.

In the Twenty-eighth Year of His MAJESTY's Reign. NUMBER II. for the YEAR 1755. Being the Second SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

BEFORE the Right Honourable STEPHEN THEODORE JANSSEN , Esq; Lord-Mayor of the City of London; the Right Honourable Sir THOMAS PARKER , Knt. Lord Chief Baron of his Majesty's Court of Exchequer*; the Honourable Sir MICHAEL FOSTER , Knt. + the Honourable Sir THOMAS BIRCH , Knt. || WILLIAM MORETON, Esq; Recorder ++, and others of his Majesty's Justices of Oyer and Terminer for the said City and County.

N. B. The characters * + || ++ direct to the Judge by whom the prisoner was tried; also (L.) ( M. 1.) and ( M. 2.) by what Jury.

London Jury.

William Jones ,

John Porter ,

William Mills ,

Henry Smith ,

John Jones ,

Thomas Forbis ,

Richard Faulk ,

John Hartwell ,

Charles Stevens ,

William Cook ,

William Carpenter ,

Samuel Taylor .

1st Middlesex Jury,

James Bagnall ,

Samuel Jumard ,

Peter Dechamps ,

William Kitchen ,

John Parker ,

Thomas Pearce ,

Edward Turpin ,

Allen Cooper ,

Daniel Mason ,

Philip Acton ,

John Bord ,

Edward Lane .

2d Middlesex Jury.

William Jerrards ,

Jonathan Trustrham ,

John Malpass ,

William Bird ,

John Bullin ,

Thomas Crisfield ,

Barrot Longmate ,

Philip Spurstock ,

Thomas Bracy ,

Ralph Warner ,

James Bumstead ,

Joseph Ranby .

44. (M. 1.) Aaron Dring was indicted for that he on Jeremiah Reuben , on the king's highway, did make an assault, putting him in corporal fear, and danger of his life, and taking from his person 1 s. 6 d. his property , Decemb 15 . *

Jeremiah Reuben. On Sunday the 15th of December, I went from London to Barnet on foot, between two and three o'clock. I was between the 7 and 8 miles stone on Finchley-common , when I saw a soldier walking about half a mile before me. He made several halts till I came up with him; then he said, How do you do, brother-traveler? and asked me how far it was over the common. I said, About a mile, or mile and half. He walked with me about two stones throw. I asked him how far he was going He said, Only over this common. He asked me how far I was going? I said, To Barnet. He seeing the road was clear, took me by the arm, and said, I must have your money. I complained, and said, I was a poor traveler going about fifty or sixty miles, and had not much money. He said, If you don't make haste, I'll stick you, or cut you. Then I pulled out 1 s. 6 d. from my pocket, and some half-pence. He took the 1 s. 6 d. and left the half-pence.

Q. Had he a sword by his side?

J. Reuben. No. He put his hand to his pocket, when he said he would cut me. He turned down the common on the right-hand, and I went on. In about ten minutes I met two men on horseback, to whom I told of my being robbed.

Q. Was the soldier then in sight?

J. Reuben. No, he was not. There came three men and overtook me in about a quarter of an hour afterwards. I told them of it: I went with them through Whetstone turnpike. There came a Man after me on horseback, and asked which of us had been robbed?

Q. How long was this after the robbery?

J. Reuben. It might be about three quarters of an hour after. The other men told him I had. Then I went back with that man to Brown's-wells; there I found the soldier, which I believe is the prisoner at the bar. He wanted to shake hands with me; but I did not care to do that. The people there said, he of his own accord had told them he had robbed me; and he said so, in my hearing, of several times.

Q. Do you believe, or are you positive, the prisoner is the man that robbed you?

J. Reuben. I can't swear positive; I believe he is the man.

Richard Nusham . I live at Brown's-wells on Finchley-common; on the 15th of December, between two and three in the afternoon, I was sat down to dinner, some post-boys came from Barnet, and told me a man had been robbed, and that the robber was gone across the common. I, my son, and Thomas Wallis , ran after him, and overtook him, which was the prisoner now at the bar, about half a mile from my house. The post-men rode before, and stopt him; we brought him to my house, and sent for a constable; the prosecutor was fetched back, and I thought the prisoner would have given him his 1 s. 6 d. back again. I heard him say he had robbed a man with a bundle under his arm of 1 s. 6 d. and said, he hoped they would not hang him; but he did not mind being transported.

Q. Had he soldier's cloaths on then?

R. Nusham. He had.

Q. to prosecutor. Did he give you your 1 s. 6 d. there?

J. Reuben. No, he did not.

Q. Had you a bundle under your arm, when you was robbed?

J. Reuben. I had a bundle on my stick upon my shoulder.

Prisoner's defence.

I was not the man that robbed him.

To his character.

John Collier . I have known the prisoner betwixt four and five years, which time he has belonged to the same company with me; he has behaved very well; I always took him to be a very honest man.

Thomas Thomson . I have known the prisoner these twenty years; he and I were born at Norwich; I enlisted him into the regiment, since which time he has behaved exceeding well; he has been trusted in his quarters to draw beer; I never heard any complaint of him, neither did I ever hear any ill of him in my life.

Acquitted .

45. (M. 1.) Thomas Mills was indicted for stealing 15 s. in money, the property of John Clark , in the shop of the said John, December 31 . +

John Clark . I live in Holborn ; on the last day of the old year a customer came in the be served, she told me there was a person behind my compter; I saw the prisoner make his escape from thence, and run out, and I took him in the middle of the street. I charged him with robbing my till. He denied it several times. I found the till out of its place upon the ground behind the compter, and missed, according to computation, about 15 s. After I had charged the constable with the prisoner, I and Mr. Baston went out into the street, and found 15 s. near where he was taken.

Q. How long was this after you took him?

John Clark . It might be about ten minutes after.

Roger Baston . Hearing Mr. Clark had detected a person for robbing his till, I went there; he told me he missed about 15 s. We searched the prisoner, and found nothing upon him; then we took a candle, and went out into the middle of the street, and we found 10 s. and two half-crowns. The next day the boy acknowledged he dropt the money there, and said there were two half-crowns amongst it.

Sarah Arnold . I went into Mr. Clark's shop, and saw the prisoner behind the compter; I told Mr. Clark of it. The boy ran out, and he after him, and took him.

Prisoner's defence.

I had been in the country, and came up that night, and was very hungry, and seeing the people backwards, I went into the shop.

Guilty .

The act of parliament specifies, for stealing out of a shop goods, wares, and merchandize, to the value of 5 s. this being money, did not constitute it a capital offence.

[Transportation. See summary.]

46. (L.) Robert Phipps was indicted for stealing one dozen of pewter-plates, val. 16 s. the property of Richard Cleeve and Co. Jan. 4 . ++

Richard Cleeve . I am a pewterer ; the prisoner worked with me as a journeyman ever since I followed business, which I began in 1751; my brother Boucher is partner with me. I was told by my foreman Thomas Hawkins that the prisoner had sold some plates to Thomas Phipps . I went to him, he told me he had bought a dozen of plates of him, he produced one, and carried it before my Lord-Mayor. I charged the prisoner, and carried him before my Lord-Mayor; there the prisoner owned he had taken some plates. I am not certain the word dozen was there mentioned by him; he was committed; these plates are worth about sixteen shillings.

Prisoner. I cannot contradict any thing he has said.

Thomas Hawkins . I am foreman to the prosecutor; I paid the prisoner on the 4th of January four shillings for what he had done that week, he then paid me two shillings and the apprentice six-pence. On the Monday following I was informed the prisoner was seen in Cheapside with 2 dozen of plates under his arm. On the Saturday night the prisoner came and told it in the shop, he had paid Mr. Thomas Phipps all he owed; I knowing one shilling and six-pence would not be sufficient to pay what he owed him, went there, Mr. Phipps told me he had bought a dozen of plates of him the Saturday before. The prisoner was charged with it, and he said he had sold them.

Paul Ludington . I met the prisoner on Saturday the 4th of this instant; I imagined he had got a dozen of plates under his arm done in paper. I mentioned it on the Monday at our shop, so it came to be discovered.

Thomas Phipps . The prisoner brought me these dozen of pewter-plates on the 4th of January, he owed me a little debt, and brought me these by way of payment; after that Mr. Cleeve's apprentice came to me and asked me after such, I produced them, and said who I bought them of; the prisoner was taken up and carried before my Lord-Mayor, and there he owned he sold them to me.

Q. to Cleeve. Are these your plates?

Cleeve. I am certain by my mark they are my Manufactory.

Q. Did you intrust the prisoner to sell them ?

Cleeve. No, I did not at that time.

Prisoner's defence.

I was fuddled, and intended to speak of them after I had taken them.

Guilty .

[Transportation. See summary.]

47. (M. 1.) John, otherwise Henry Brown was indicted for stealing two pair of silver shoe-buckles, value 40 s. two pair of knee-buckles, value 7 s. and three gold rings, the goods of Anne Griffiths , widow , in the dwelling-house of the said Anne, Dec. 28 . *

Anne Griffiths. On the 28th of December, between six and seven o'clock in the evening, the prisoner came into my shop, and said he wanted to buy some silver ware, handkerchiefs, and other goods. I shewed him some silver first; he chose out a pair of shoe and knee-buckles, and desired me to weigh them; I did, and told him what they came to. He said, reach me a piece of chalk that I may put them down, that I may not go beyond my quantity of money. I gave him a pencil, and turned myself about to reach him a slate; he set them down, then he looked out a gold ring, and desired me to weigh it, which I did, and told him the price, and he put that down; then he chose out another large pair of shoe and knee-buckles, and desired me to weigh them, which I did, and told him what they came to, and he put them down; then he chose out two gold rings more, and desired me to weigh them, which I did, and he put them down; then he said he must have some handkerchiefs, and must not go beyond the money he had got to lay out, and pulled out a green purse, it seemed to have money in it, but he pulled, none out, these goods were then lying by me on the compter; by degrees he got the buckles in his hands, and weighed them in his hand, and said, I'll have them weighed all over again for fear of a mistake; I said, to please you I'll do it; then he laid t hem down, and desired me to, weigh another ring, and while I was weighing it he put the three other gold rings on his fingers; I looked at him, he said, I can't say it is right to put them on my hand before I have paid for them, and pulled them off; he wrapped up the buckles, and put the rings in his other hand, and immediately ran out; my children were at the door; I and they pursued him, calling out, Stop thief; I got a terrible fall, and could not proceed very far, but he was taken in Red-lion-street, which is about four or five hundred yards from my house, and the things all found again, except two great shoe-buckles.

Q. What is the value of the goods?

A. Griffiths. They are worth about 4 l. ( Produced in court, the two buckles which were fellows to those missing and were shewn to the jury.) These are the goods he cheapened in my shop.

George Abergan . I am a butcher, and live near the prosecutrix; I was busy in my shop on the 28th of December at night, I heard the cry of stop thief. I went out and met the prisoner in the face, he cried stop thief as he ran. I stopped him, and upon his saying he was not the person, I let him go again; then the people came up and told me he was the person, then I went after him and took him, and brought him back and delivered him to the people, it being a busy night I went to my shop and left him

Thomas Freak. On the 28th of December about six o'clock I heard the cry of stop thief; I ran out and met the prisoner, and stood in his way to lay hold on him, but missed him, he ran up Red-lion-street, I followed him, and Mr. Abergan catched hold of him by the wrist, he said, gentlemen, I am not the man, he then let him go, but the people saying he was the man, he and I ran and took him and brought him back.

William Young . I was at work in Red-lion-street on the 28th of December between five and six o'clock, I met the prisoner, he called stop thief; I believe forty people or more were after him; I had my horse and carriage; as I came back again, I saw something shine upon the ground, when he had passed I took up five silver buckles, all within half a foot of each other; I was told they belonged to Mrs. Griffiths, and I went and carried them there.

Prosecutrix. These are the same here produced.

Mr. Warburton. On the 28th of December, about six at night, I heard of this robbery, I went to the prosecutrix, she saying she had three children, could not afford to prosecute, and said, if the prisoner would tell her where the other rings were she did not want to prosecute. I went to him and desired him to let me know; he said, if I would go with him into another room he would tell me; then he said he had dropped the three gold rings at such a place; we went with a candle, and they were picked up by different persons, and these are the things the prosecutrix has sworn to.

Prisoner's defence.

I have used the gentlewoman's house many times; I was much in liquor, and did not think of doing her any damage.

Guilty 39 s.

[Transportation. See summary.]

48, 49. (M. 1.) Thomas Bayler and William Jump were indicted for stealing 200 lb. of lead, value 20 s. the property of John Long , Jan. 2 . ++

John Long . On the 11th Inst. I was informed I had lost some lead stole from my sugar-house in Newport-street, Whitechapel parish . I went, and missed lead from a gutter on the top of the house, there was a person turned evidence, and some people taken up upon his information, but know nothing of my own knowledge against the prisoner.

John Poplewell . On the 2d of January Thomas Gayler told William Jump and I he knew where he could get some lead, and knew the way into the house; we went there, and all three went into the house; it is in Rupert-street, Goodmans-fields, the house of Mr. Long; we went up and took the lead from out of the gutter, it was nailed to the rafter, we got it up, there was 200 lb. of it; we carried it to Mr. Davis's house, and sold it in Whitehorse-street; I believe he is a smith; he gave us at the rate of a peny a pound.

Jump. There was not so much as 200 lb.

Gayler's defence.

I did not do it.

Acquitted .

Jump made no defence.

Guilty .

[Transportation. See summary.]

50. (M. 2.) Thomas Ash was indicted, for that he on the king's highway, on Mary, wife of James Whitchurch , Esquire , did make an assault, putting her in fear of her life, and taking from her person, one silk purse, value 6 d. and five shillings in money, numbered, the property of the said James , &c. Nov. 23 .*

Mary Whitchurch. On the 23d of November I had been from Twickenham to Bushy-park in a chariot, my lady Ferrers was with me; we returned from thence about one o'clock, and met two men on horseback in Teddington parish, immediately the chariot stopped as they came up to us, one of the men came on my side, and said, Make haste.

Q. Which side did you sit on?

M. Whitchurch. I sat on the left-hand side, he spoke to me; I did not then see a pistol, but afterwards I did. I immediately gave him a silk purse with only a little silver in it; after this, I saw a man on the other side, I put the glass down which was up on that side, and my lady gave that man a handful of silver, he had a large pistol in his hand, which he put into the chariot, I desired him to take it out, which he did immediately, and desired I would not be affrighted; when they had taken the money they immediately went away.

Q. Had they any thing on their faces ?

M. Whitchurch. No, my lord, they had not.

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

M. Whitchurch. I can't take upon me to say he was one of them; I think he seems to be a desperate sort of a person, but I looked but little upon them, fearing they should use us ill for it.

William Parprit . I am footman to Mr. Whitchurch, and was behind the chariot on the 23d of November, there was my lady Ferrers with my lady at that time in it. I believe it was about twelve o'clock when we set out; we went to Bushey-park for an airing, in our return in the parish of Teddington, the prisoner and another person, each on horseback, came up and bid us stop, the prisoner came on my lady Ferrer's side, he put a pistol into the chariot and demanded her money, I saw my lady Ferrers put her hand out and give him something; the person on the other side desired my lady not to be affrighted, saying he would not hurt them; that person had a short pistol; as soon as they had got the money they rode off.

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

W. Parprit. No, I had not, but I took particular notice of them both.

Cross examination.

Q. How came you to recollect the day?

W. Parprit. I took particular notice of it in the almanack, because I thought it might happen that the persons might be taken.

Q. What time of the day was this ?

W. Parprit. It was about a quarter of an hour before two o'clock.

Q. How was the prisoner dressed?

W. Parprit. He was dressed in mourning, or a sort of dark grey; he appeared like a Gentleman's servant.

Q. Did you take much notice of the other?

W. Parprit. I did, he was in a light-coloured coat and plate buttons.

Q. How came you to take such particular notice of them?

W. Parprit. Because I could not help it, being behind the chariot.

Q. Were there any others besides the two you speak of ?

W. Parprit. No, there were not.

Q. Have you ever seen the prisoner before?

W. Parprit. I cannot say whether I have or not.

Q. Was you at the taking of him?

W. Parprit. I know nothing of the taking him, he was brought to justice Cox's for me and farmer Emmerton to look at.

Q. to prosecutrix. On which side was he that bid you not be affrighted ?

Prosecutrix. They both did.

William Norden. There was an information came to justice Fielding that there were two young gentlemen highwaymen about Twickenham, Teddington, and those parts; the day after this robbery was committed, Mr. Fielding dispatched me and another to see if we could meet with them; we got descriptions of them at Teddington, and was there told that they were born there, and both their names; the other they told us was named Thomas Holdernoss ; we could not find them; after that justice Cox sent for me, he said he know the people that did the robberies, and one of them had a warrant granted against him for a bastard child, and that a woman had given information where he was; I went according to direction, and there found the prisoner. I asked him if his name was Thomas Ash , he said, yes then I said, I have a warrant against you; and took him and put him in a room and locked him up, and went after Holderness, but could not meet with him. I took the prisoner before justice Cox, the footman was sent for, who knew him directly, he cried, and confessed before the justice this robbery, and two or three others.

Cross examination.

Q. How did he confess this robbery ?

W. Norden. He said he robbed a chariot just by Teddington.

Q. How came he to confess it ?

W. Norden. Mr. Cox knew him before, and said to him, ah, Tom, I am sorry for you; then he confessed directly, and said Holderness drew him in to go a robbing, in order to get money to pay for a bastard child.

Q. What is your business? Are not you a thief-catcher?

W. Norden. I think it a very honest employment. I dare say, if you was robbed, you would employ me.

Q. Do you acknowledge you follow that profession?

W. Norden. Yes, Sir, I am very often sent for by people of great credit, on such occasions, when they have been robbed.

Prisoner's defence.

I can give a very particular account where I was that day that the crime was committed which is laid to my charge. I breakfasted with my brother, and from thence went to the Tower, and was there about two; there I drank a pint of beer, and had a welsh-rabbit, and staid till five in that house; from thence I went to Mr. Short's in the Tower, to see a fellow-servant there; I drank tea, and came home after that.

For the prisoner.

John Ruff . I am a drawer at an alehouse in the Tower; on the Saturday before St. Andrew's day, the prisoner, whom I know very well, came to our house, and sent for Margaret Plaistow , a servant maid, that lives in the Tower, an acquaintance of his. He came about half an hour after two at noon; she came and staid with him about ten minutes; he both eat and drank at our house; he had a pint of beer, a halfpennyworth of tobacco, and smoked a pipe, and had a welsh-rabbit; my mistress got up from her dinner to make it. He staid there till very near five; we were going to light up candles when he went away.

Q. What time do you frequently dine?

J. Ruff. We always dine exactly at two; we never are ten minutes under or over.

Q. How do you recollect it to be the Saturday before St. Andrew's day.

J. Ruff. My wife lives fellow servant with me, and we have a great many Scotchmen use our house, and she got a hurt on St. Andrew's day, and was delivered of a child that same night.

Margaret Plastow . The prisoner sent for me on the 23d of November last to the Stone-kitchen, an alehouse in the Tower so called.

Q. How came you to remember that day?

M. Plastow. My fellow-servant, when I got up, said he would give me a dish of tea in the afternoon, it being his birth-day. I went to the prisoner I believe a quarter after two, I staid there I believe five minutes; I told him I must not stay, for the dinner was not gone up stairs; but I should be glad to see him in the afternoon to drink tea; and between four and five I went there to him again, and he came up with me, and he and my fellow-servant, Francis Platt , drank tea together at my master's house; he staid there with us till between eight and nine.

Francis Platt . On the 23d of November the prisoner came to our house.

Q. How do you particularly fix upon that day?

F. Platt. It being my birth-day, he came with my fellow-servant, and staid till some time after eight at night.

Q. Had he boots and spurs on, or a whip in his hand.

F. Platt. No, he had neither of them.

Q. Did he look as if he had been on a hard journey.

F. Platt. No, he did not.

Q. How was he dressed ?

F. Platt. He had on a white coat.

Q. What sort of buttons?

F. Platt. I can't tell that.

Thomas Ludby . I have known the prisoner three years and upwards; he lived servant with my father very near two years, during which time he always behaved very faithful. He had a great trust committed to his care; I never heard any ill of him before this time.

Acquitted .

He was a second time indicted, for that he together with William Holderness , not yet taken, upon the king's highway, on Edward Emerton , did make an assault, putting him in corporal fear, and danger of his life, and taking from his person 15 s. in money, numbered , Novemb. 3 .*

Edward Emerton deposed, that he had his servant were with his waggon on Hampton-common , stopt by two men on horseback, and they took from him 15 s. which he had just taken for a load of straw; but both he and his servant, Christopher Bignal, who was with him at the time, were so affrighted, that they could only say it was by two men, and had neither of them any knowledge whether the prisoner was one of them.

Acquitted .

51. (M. 2.) Susannah Taylor , widow , was indicted for stealing one cloth cloak, value 1 s. 6 d. one linen apron, value 9 d. one shirt, value 9 d. one Leghorn hat, value 6 d. the goods of Thomas Symonds , Jan. 6 . ++

Mary Symonds. About last Wednesday se'nnight the prisoner desired me to go of an errand for her to her aunt; I went, and left her in my house. When I returned I told her her aunt was gone out. She said, then she is gone about the same errand I wanted her. She went out; after she was gone, I missed the things mentioned in the indictment. After some time, I took her with my hat upon her, in Phaenix-street, Spitalfields, and took her before Sir Samuel Gore ; there she said she had taken and pawned my cloak for 1 s. 6 d. and my apron for 9 d. and where they were pawned. (The hat produced in court.)

Prisoner's defence.

When I went out of her house, I took the hat and cloak as usual; she has lent me them many a time. I did want a little money, and pawned them to be sure.

Q. to prosecutrix. Did you lend her these things?

M. Symonds. No, I did not; neither did I know they were gone till I missed them. I never did lend her them in my life.

Oswald Hill. This morning I went to the prosecutor's house, and asked her how she could be so base to level a felony, where it was but an action of debt? She said, she had sworn it, and that was sufficient. I said, I understood they were only lent. She said, it was a fine thing if she had lent any thing, that it should be paw ned. She did not deny she had lent them to her. I have known the prisoner ever since she was born; she is a simple honest woman, that does not take care of herself; but I never knew any harm of her.

Mary Pinenet . The prisoner lived with me four years; I never knew her to do an ill thing. I have known the prosecutrix to lend her aprons, caps, and all things to wear, except gowns. I once heard her say, what a fool I was to lend Taylor my cloak last night, for she has fell down, and all dirtied it.

John Scot . About eight or nine days ago, Mrs. Symonds came to me crying, and said, Mrs. Taylor had borrowed her cloak and apron of her, to go to a relation, to get some money for her subsistence; but she got none, so she has carried them to pawn. I knew Mrs. Symonds had frequently lent her her things before, and said she was very welcome to those things at any time.

Q. How came she to tell you?

J. Scot. She came to my house, I suppose in order to get some money to redeem them. The prisoner has lived in my house; I took upon her to be an honest woman. She has a husband now living; but he lives with another woman.

Q. to prosecutrix. Do you now say you never lent her any of the things?

M. Symonds. I never said I had lent her things in my life. The first and second witnesses I never spoke to but once each. She never went to her relations with my things in her days.

Catharine Saunders . I have known the prisoner three years; she is an honest woman, only will drink a little too much.

Elizabeth Robertson . I have known her three years; she never wronged man, woman, or child of any thing, as ever I heard.

Acquitted .

52. (M. 1.) Mary, otherwise Clement, wife of Michael Matthews , was indicted for stealing one tin boiler, value 6 d. one hatchet, value 3 d. the goods of William Walridge ; one pair of worsted stockings, value 8 d. the property of Joseph Pierce , Dec. 10 .

++ Acquitted .

53, 54, 55. (M. 1.) Charles Grout , was indicted for stealing twelve wooden pipe-staves, value 6 s. the property of ; and William Hutton , and Samuel Behus , as accessaries, for receiving the same, well knowing them to have been stolen , Octob. 4 .

++ All three acquitted .

56, 57. (M. 1.) James Noke and Sarah Chamberlain were indicted for stealing one linen handkerchief, value 2 d. the property of John Stanaking .

John Stanaking . As I was coming out of the park into St. James's-palace-yard , as his Majesty was coming from the Parliament-house the last time, a person followed me, and asked me if I had lost my handkerchief, I felt, and missed it; it was a linen one; he said, come along with me and I'll shew you the person that took it. I went with him, he shewed me the prisoner Noke, and said he had delivered it to Chamberlain. I had her searched, and my handkerchief was found upon her; she was carried before a justice, there the woman owned she received it from a man, but not of Noke.

Francis Stading . I was in the park on the 19th of December last to see his Majesty come by; I saw Noke hold his hand in a suspicious way under the skirt of his coat among the people. I followed the prosecutor and Noke, in the passage near where the century stands I saw Noke put his hand into the prosecutor's pocket, and take out a linen handkerchief, and give it to Chamberlain, by putting his hand behind him, and I saw her put it into her pocket. I went to the prosecutor, and told him I saw that man take it and give it to that woman; he searched, and said it was gone, then he went and seized the woman and I the man; Noke opened his coat, and said he had nothing; the prosecutor ordered the woman to pull out what she had in her pocket, and she pulled out two or three handkerchiefs his was one of them. There were six handkerchiefs found upon her before the justice.

Q. Did you observe the woman with Noke in the park when you observed his hands under his coat?

F. Stanaling. No, I did not.

Noke's defence.

I know nothing of the handkerchief.

Chamberlain's defence.

A man gave it to me; I don't know him, I took it and thought it to be my own.

For Noke.

William Owen . Noke lived servant with me about a year; I am a Goldsmith in Cheapside; I have trusted him with several hundreds of pounds worth of plate, he always behaved honest and just before me; he lived with me till he was taken up.

Q. Would you trust him again ?

W. Owen. Had this not happened I would.

Both guilty .

[Whipping. See summary.]

58, 59. (M. 1.) Joseph Gill was indicted, for that he, together with William Bark , on the King's high-way on John Manby did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one topaz ring set with so brilliant diamonds, value 42 s. and 2 gold rings, one guinea, and 2 s. 6 d. in money, numbered , his property, Dec. 28 , and Walter Keen , otherwise Cane , for receiving the topaz ring, well knowing it to have been stolen . +

John Marly . About one o'clock in the morning on the 28th of December coming from Brook-street, by Grosvenor-square, with my wife, Mr. Baxter, a clergyman, and a youth about thirteen years, of age, to my house in St. Catharine's. When we were on Little tower-hill , about fifty yards, or rather more, from the place where we usually get out to go a nearer way home, the coach stopped; I said, you stop too quick, and looked out, there I saw the prisoner Gill holding a long horse-pistol to the coach, and said, d - n you, deliver. I saw him plain, and know it to be him; Mr. Boxter said, sir, take your pistol away, and I'll give you what I have; there was another man with the prisoner holding another pistol, which is Burk (the man that was wounded in taking of him.) I put my hand to my pocket and delivered half a crown, I can't say to which; upon which the prisoner made use of some very terrible oaths, and said he would search our pockets, and if he found any more we were dead immediately; upon which I gave him a guinea, and said, there is a guinea more, be content and go away.

Q. Was it light enough to distinguish the prisoner ?

J. Manby. It was very moon-light, and there was a lamp very near; they then made use of more oaths, and said they would search us, and opened the coach-door on that side; I then thought it was high time to make some resistance. I got out the pin and opened the door in order to get out to draw my sword, and I think the prisoner was the first man that came round, he said, d - n you, I know what you are about, I will blow your brains out, for I know I shall be hanged; he took my sword and looked at it, and threw it into the coach again, and held his pistol several minutes to my head.

Q. Had you drawn your sword ?

J. Manby. No, I had not, he swore several times d - n you, don't look at me, but I had such opportunities of seeing him, that as far as one man can swear to another, I can swear the prisoner is the man; I saw a mark under his left-eye, which he had when before the justice afterwards. He took from off my finger a topaz ring, with a brilliant on each side, and a mourning ring, and felt in my pocket, and said, d - n you, your watch, I said I had no watch; then I pulled out a stone, and said, it is nothing but a stone which I carry in my pocket for the cramp, and took it out and shewed it him, he said, d - n you, put it into your pocket again; he then took my buckles from my shoes, I am certain he was five minutes about me; he felt in my pocket where was a snuff-box, I said it was but a very ordinary one, he said, then d - n you, keep it, then he went and robbed my wife. I saw also a third man walking upon the hill looking about, and he walked after them when they went away.

Prisoner. When he saw me before justice Fielding, he said these were the cloaths I have on now which I robbed him in, but I bought them since he was robbed. I am just come from sea.

Prosecutor. I apprehend ( as much as the light could afford me assistance) that is the same coat he has on now.

Mrs. Manby. Coming home from upper Brook-street where we had spent the evening, we were stopped on Little tower-hill, a little after one o'clock; I sat forward, and saw the prisoner at the bar the length of the coach and horses distance standing with a pistol cross his arm; when the coach came opposite to where he stood; I gave a little scream, and he sprang cross the way and put his hand to the coach-window. Mr. Manby sat opposite to me, the prisoner made use of very bad oaths, that he'd blow our brains out if we did not give him our money.

Q. Are you sure it was the prisoner?

Mrs. Manby. I knew him immediately at justice Fielding's, he was the person that robbed me of a gold ring. I know him by a remarkable shake of his head.

Court. Speak only to what he took from your husband, he is now trying for that.

Mrs. Manby. When my husband was going to get out of the coach I was surprized very much, but I remember seeing the prisoner feeling in Mr. Manby's pockets, and take the buckles out of his shoes, and ring from his finger.

Mr. Baxter. Mr. Manby, his lady, and a little boy a nephew of mine, and myself, were returning from Brook-street in a coach on Saturday morning, between twelve and one. When we were on Little-tower-hill, by the ditch-side, Mrs. Manby screamed out all on a sudden. I thought the coach was going to overturn; but immediately I saw a man with a very long pistol at the coach-side. He made use of many oaths, and said he would blow our brains out, if we did not deliver immediately, and no woods, was his expression. He was immediately joined by a second; one of them put a pistol to me, and said, your money, watch, and ring, deliver them directly. I said, if he would be so good as to take the pistol on one side, he should have all I had. Then I gave him some silver, I believe no more than 2 s. He was very little satisfied, and made use of many bad expressions, and swore we must have more, and bid us come out, and said if he found any more, he would blow my brains out. He did not suffer me to get out of the coach; he put his hand into my sob and pockets, and demanded my buckles. I put my feet out of the coach one after the other, and he took them from my shoes. I had an opportunity to put my watch by, so saved that. I believe it was not the prisoner. Mr. Manby gave them money. I think, twice. I remember he said, here in a guinea for you; but don't know which he gave it to. And I think his lady gave them some. I have some reason to know the prisoner Gill by what follower afterwards. At the time Mrs. Manby and I were robbed, Mr. Manby was endeavouring to get out of the coach. I believe he had opened the door; upon which one of the men swore, and ran round, which way I know not, but I saw him on the other side, with a pistol at Mr. Manby's breast, and he pushed it forwards two or three times; I was afraid it would go off. The man kept feeling in his pockets, and took his ring from his finger, and a little stone from his pockets. After that, he took his sword from him, and looked at it, and throwed it into the coach again. As they were robbing us, they both said, don't look at us. When I was at Mr. Fielding's there was some other people examined on other accounts, and I knew nothing of the prisoner Gill's coming into the room, which was almost full of people. I had my eye towards the door, and saw him come in, and then did not know he was a prisoner. I immediately said to Mrs. Manby, that is the man that robbed us; and should I see him amongst a thousand, I should know him. The other man, that was wounded in Covent-Garden, is so much disfigured, I could know nothing of him. They had both much such sort of coats on as the prisoner has now.

Anthony Longate . I am a pawnbroker, I took this ring in pawn (producing a topaz ring) of Walter Keen, the prisoner, on the 2d of January; I lent him half a guinea on it. I asked him if it was his own? He (as I had known him six years) said, you know I don't wear such baubles. as these. He said, a gentleman of his acquaintance sent him with it. I said, when you know whose it is. Ay to be sure, that I do, said he.

Q. Did you ask him the person's name ?

A. Longate. No, I did not. I went to bed immediately, after which my wife brought up a watch, that she told me Keen and Gill had brought; I let her lend a guinea on it.

Q. What time was this?

A. Longate. It was between nine and ten o'clock.

Q. to Mr. Manby. Look at this ring.

Mr. Manby. This is the topaz ring I lost at the time mentioned.

Q. to Longate. How long after the ring was brought was it that the watch was brought?

A. Longate. It was not half a quarter of an hour.

Elizabeth Longate . I am wife to the last evidence; on the 2d of January, Walter Keen brought a man to my house, to pledge a watch; he said, it was an acquaintance of his, and his name was Johnson. I lent him a guinea and a half upon it.

Q. Who said his name was Johnson?

E. Longate. The man himself said so.

Q. Had you ever seen that man before?

E. Longate. No; I think the prisoner Gill looks very much like him; but I cannot be positive.

Q. How was that man dressed ?

E. Longate. He had on a sortout coat, with metal buttons, and a white wig.

Q. How long was that after your husband lent the half-guinea on the ring to Keen ?

E. Longate. It was about half a quarter of an hour. I was by when he lent the half-guinea upon the ring.

Q. Did you not tell your husband the man's name was Gill that came with Keen.

E. Longate. I did not mention such a name as Gill.

W. Keen. That gentleman was the prisoner Gill now at the bar.

Samuel Philipson . (produced a pair of shoe-buckles.) When the surgeons were dressing Burk's wounds, after he was taken, I took these buckles out of his pocket.

Q. to Manby. Look at these buckles.

Mr. Manby. I was robbed of just such a pair that night; but as there may be many of the same pattern, I will not swear to them. I believe them to be the same.

Gill's defence.

I was in a publick-house; Burk came to me with this ring; he said he got it of a fellow he had been drinking with; he said he would go and pawn it; he came to Mr. Keen, and said he was going to pawn it, so I desired him to go with it. Keen is quite innocent.

Keen's defence.

Mr. Gill owed me fourteen shillings, and said he wanted to pawn the ring, and he would pay me. He told me he was mate of a ship. I went down with him to Mr. Longate's; he staid at the door, and bid me go in, and get 9 s. upon it. I went in with it, and got half a guinea. I never put the money in my pocket.

Gill guilty , Death .

Keen acquitted .

60. (M. 2.) Joseph Gill was a second time indicted, for that he together with Burk, on the king's highway, on Charles Johnson did make an assault, putting him in corporal fear and danger of his life, and taking from his person one pair of silver shoe-buckles, value 7 s. 6 d. one pair of silver knee-buckles, one pair of studs, one hat, one handkerchief, one guinea and three-pence in money , Dec. 19 . and Thomas Mayo , for receiving the said shoe-buckles, well knowing them to have been stolen , Jan. 6 . +

Charles Johnson . On the 10th of last month, about eight at night, I was coming over the new road, leading to Mile-end that is cut through the mount, I saw two men before me; I was going to Mile-end-green . I went on pretty fast; when I came up with them, which was about twothirds on the road, they called out, stand and deliver. I stood still, and said, search me, search me. It was a fine night, the moon was a quarter old. The m en were Gill the prisoner, and Burk. Gill gave his pistol to Burk, and felt in my breeches pocket, and took two-pence halfpenny and two farthings out, then he took out of my buckles out of my shoes, after that my knee-buckles; then he took off my shoes, and there I had put a guinea for safety, which he took out of my right shoe. Then he said, now, you dog, you shall walk home without shoes. No, no, said the other, give him his shoes. The other saw a handkerchief in my pocket, he took that, and said he wanted a handkerchief to wipe his nose with, and he put it to his nose, and then into his pocket. I said to them several times, gentlemen, I hope you will not use me ill. No, no, they said, we are none of your knockers-down. Then they took me about an hundred yards upon the soil-field, where they took a pair of silver buttons out of my sleeves, and took my hat, and gave me an old slapt one. Then I walked about half way up the field, and said, gentlemen, I shall be obliged to you if you will give me my hat. They said, No, no; go along. They said several times, don't look in our faces; and one said to the other, don't let him look at your face; but walking with them down in the field, I got a good view of their faces. My hat was brought to justice Fielding's when Gill was examined, said to be taken off of Burk's head, and the buckles were found in his pocket. (Produced in court.) These are the buckles they took from me that night; here is my name on them.

William Nordon . On the Sunday after we had apprehended Burk and Gill, I went to see Burk in the roundhouse, and had a good deal of talk with him. I said, I was very sorry he had not surrendered sooner, and not have suffered himself to be cut and used so. He said he had an English heart in his belly, and that no highwayman will surrender without a blow. I said, all the service you can do for your country is, to let the poor people you have robbed have their things again. Said he, I wish justice Fielding would come here, I would tell him a great deal. I told Mr. Fielding, and he went to him; I was there also. Burk there said, Mayo had got a pair of buckles and they watches; and that Gill and he robbed one gentleman in the Chelsea stage-coach of one watch, and the other they took from a lady in St. George's fields; and a pair of silver buckles we robbed a man of in the new road near Whitechapel-mount; and on Monday Mayo was taken up, and before the justice he produced these buckles the prosecutor has sworn to; and this watch ( producing one) that he said they took from a lady in St. George's-fields.

Gill. That watch belongs to that lady ( pointing to a lady that had before said she had been robbed of it, before the justice, and to whom it was delivered.)

W. Nordon. He produced a paper, he said was of Mapo's hand writing, but it was very badly wrote; it was something about borrowing money on a watch; I know it was signed Gill Burk is so very bad with his wounds he received, that he could not be removed to take his trial.

Gill's defence.

All I have to say is, I know nothing of the man (meaning Mayo) but what is honest. I came into his house, and had no money to pay him for what liquor I had, so I gave him my watch and things, and gave him from under my hand that he should keep them till I could get the money to redeem them.

Mayo's defence.

Gill and Buck ran a reckoning before I would take the things, and when I did, I would not do it without a writing from under Gill's hand.

For Mayo.

WilliamLong. About a week ago, Gill and Burk came into my house, the Coach-and-horses in Swan yard, near the Strand; they ran a reckoning of about half a guinea; Gill asked me what was to pay? I told him. He said he had not money enough about him to pay; but he would leave a pledge. I went into the stable, to inform my father-in-law, the prisoner, Mr. Mayo, of it. He came into the house to them, and told them, they ought to have offered their pledge before they had ran their reckoning. They pressed upon him, and rather than I should lose my reckoning, he lent them some money on the watch. They said they belonged to a ship called the Foy, that was going to be paid off, then they would redeem it. My father lent them a guinea and half-upon it, and allowed the half-guinea for the reckoning. As to the buckles, about two days after, Burk came, and a woman along with him, in the afternoon, into our tap-room; he called for a pint of hot; I believe they staid about two hours and a half; they ran to about the tune of two shillings. Burk called, and asked what was to pay? I said, betwixt two and three shillings: Said he, I have no money; but I'll leave my buckles. He stooped down to his shoes, and took them out. I went and called my father-in-law, and told him Burk had no money; but wanted to pawn his shoe-buckles. My father came in, and said, Mr. Burk, how is this? He said, his ship was at Black-wall, and would be paid in two or three days; and said, if you will lead me some more money on them, I'll pay you in that time: upon which he lent him ten shillings, or ten and six-pence, I don't know which. He would not have lent him a farthing upon these things, had it not been that I should not lose my reckoning.

Lucy Roberts . I happened to go to Mr. Long's house, there was a man and a woman sat drinking in the taphouse.

Q. When was this?

L. Roberts. It was about a week before Christmas, to the best of my knowledge, I sat there the drinking of half a pint of hot wine, I can't say but I heard some dispute about the reckoning; the man said he would leave a pair of silver buckles with Mr. Long; Mr. Long said he would not take them, and called his father, then the man took the buckles of his shoes and gave them to Mr. Mayo, and he lent him about ten shillings upon them to the best of my knowledge.

Mr. West. I have seen the paper they talk of, it was a conditional note given for the payment of two guineas, but he was to redeem the watch in two days, if not, it was to be forfeited.

Gill guilty , Death .

Mayo acquitted .

See Mayo tried before, No. 490, in Alderman Blackford's mayoralty.

61. (M. 2.) Isaiah Robins was indicted, for that he on the King's highway on Richard Richardson did make an assault, putting him in corporal fear and danger of his life, and taking from his person one pair of silver shoe-buckles, value 10 s. one pair of knee-buckles, one linen neckcloth, one half-guinea, and 2 s. in money, numbered , his property, Dec. 29 . ||

Richard Richardson . As I was coming down Whitechapel a little past one o'clock in the morning, on the 19th of December, I saw the prisoner about 50 yards before me, and when I came by the Mount, as I was going towards Mile-end, I saw another man about thirty yards before him, they seemed to walk on, but not so fast as I did expect people at that time of the night; they kept at the same distance from each other; I kept my pace, and passed the prisoner a little before I came to Whitechapel-gaol, he then had his right-hand in his bosom, and his left hanging down. I passed betwixt the wall and him; he said, what o'clock is it master, I said the watch called past one; I had not walked above ten or a dozen yards before he called hip, he came running and overtook me, and clapped a pistol to my left-ear, and said, d - n your blood, you villain, deliver your money, and if you offer to molest, or speak a word, I'll blow your brains out; the other man came running back to me, and said, what is the matter? I desired the prisoner to spare my life, and said my money he was welcome to, and pulled it out and gave it into his hand. He said, d - n you, you scoundrel, here is nothing but half-pence; I said there is both gold and silver; he said, what gold? I said, half a guinea, he holding the pistol to my head all the time, said to the other man, search his pockets, seel for his watch; that man turned my pockets wrong-side out; then the prisoner said to him, examine his buckles, the man immediately stooped to my right-foot, taking the buckle out, said, are they silver? I said, no; he took it out, and perceiving the stamp, said, d - n you, you scoundrel, they are; then he took the other out, and likewise the buckles from my knees; then the prisoner said, I want a neckcloth, and took hold of mine and pulled it off, and held the pistol all the time to my face; at the time I looked him in the face, he said, d - n you, you scoundrel, if you look me down so I'll blow your brains out; then he clapped his hand to my left-shoulder, and said, go over the way, I went over, and my shoe came off, the prisoner followed me, and the other man followed him. I looked back, and said, for God's sake don't murder or disable me, I have got a wife and two small children; the prisoner said, I will not hurt a hair of your head, we rob a great many men and have not hurt one yet. After I came to the corner of Whitechapel-mount, I was obliged to come back again; I asked the prisoner where I was to go then? he said, behind the mount, and at a turnstile he bid me stand still, then he said, d - n the scoundrel, he says here is half a guinea, let us see; I and the other man stood close together, I don't know that I could know him, but as for the prisoner he had a short cockup hat on, with a sharp cock, thought I, I am sure of thee; he looked at the money and said, yes, here is half a guinea.

Q. Was it light enough to discern him plain?

R. Richardson. The moon was at the full, and shone a shadow.

Q. What do you mean by shadow?

R. Richardson. It shone so as to see my shadow as I walked along.

Q. Are you certain as to the prisoner?

R. Richardson. I am very certain he is the man. I have nothing on my conscience about swearing to him.

Prisoner. I was in bed two hours before the time he swears I robbed him.

R. Richardson. When we were before Sir Samuel Gore , Sir Samuel asked him how he lived, he said he had been about ten or a dozen days from sea. I was informed there was such a man used the Bull and Butcher in Rag-fair, I, Paul Penrith and Thomas Blackmore went there, it is a very bad house, there we saw the vilest of women in the house that ever I saw; there I saw the prisoner, I am sure he is the man. I went and told Sir Samuel Gore , and he recommended me to an officer, and we went and took him.

Q. Had you described the man to them before you came there?

R. Richardson. Yes, my lord, I had.

Daniel Penrith . On the 30th of last month I and Thomas Blackmore went with the prosecutor to the Bull and Butcher, when the prisoner came in after we were there, the prosecutor told me that is the man at his coming in; we staid there till after he had dined, he laid down his head on the table and slept. Mr. Richardson went to Sir Samuel in order to get a warrant while we watched him, he returned with an officer, then we secured him.

Q. Had the prosecutor given you a description of him before you came there ?

D. Penrith. He had, and he answered exactly.

Q. to Prosecutor. Could you observe his cloaths at the time you was robbed?

Prosecutor. I could, they were the same he has on now, I saw them very perfectly.

Thomas Blackmore . I was along with the prosecutor and the last evidence at the Bull and Butcher at the taking of the prisoner, when Mr. Richardson saw him put his head in at the door, he said that is the man; and as he had told us what sort of a man he was, I saw he answered that account; seeing us in the room he turned back, there was a woman in the room, she said he was her husband; she went out and brought him in, and set him down on the farther side of the room; in about ten minutes after she took up his dinner, he eat it and laid his head down on the table, and slept better than an hour, when he held up his head he went into the kitchen; I followed him to watch him till Mr. Richardson returned; I called for a tankard of beer, and desired them to put a bit of bread in it. I got the spit and toasted the bread. When Mr. Richardson came in we took him, and had him before Sir Samuel Gore .

Prisoner. Gill, that took his trial to-day, owned that he did this robbery, and said he would own it in court, and would do me all the service he could.

Q. to Blackmore. Was the prisoner in liquor in the alehouse at the time he was taken?

T. Blackmore. I did not see that he was.

Q. Was there ever a back-door to that house?

T. Blackmore. We well observed the house, there was no other door but that out into the street that he could get away at, there was a door into the yard, but we could not conceive he could get away that way without getting over a wall.

Q. Did he see the prosecutor in the room where you was?

T. Blackmore. Yes, he did, and went out, then the woman went and brought him in, and set him down in the farther part of the room. There were fourteen or sixteen women in the house who behaved very bad.

For the prisoner.

Edward Kirk . I knew the prisoner some years ago, he went then for a gentleman, but I have not known any thing of him for six or seven years last past.

Guilty , Death .

62, 63, 64. (M.) Edward Dister and James Scarborough were indicted for stealing four pound of brass nails, called bullins, value 2 s. the property of Stephen Kite , and Robert Manwaring for receiving the same, well knowing them to have been stolen , Dec. 14 .

+ Dister and Scarborough guilty 10 d.

Manwaring acquitted .

[Transportation. See summary.]

65. (L.) James Fairbank was indicted for stealing one linen handkerchief, value 4 d. the property of Bartholomew Gray , Dec. 7 . ++

Bartholomew Gray . On Saturday the 7th of December, between six and seven o'clock in the evening, I was going from the city towards Salisbury-court in Fleet-street , this boy at the bar came jostling against me, I immediately clapped my hand in my pocket and found my handkerchief was gone; I took him by the wrist and went into a hosier's shop facing Bridewell-lane; when I came to the light I perceived my handkerchief up his sleeve, I took it out (produced in court and deposed to) he said another boy threw it over his shoulder and ran away.

Q. Did you perceive any other boy near you?

B. Gray. No, I saw none but the prisoner.

Prisoner's defence.

Two boys got me to take a walk with them, one of them took that handkerchief and put it up my arm and ran away.

Guilty .

[Transportation. See summary.]

66. (L.) Elizabeth Gift , spinster , was indicted for stealing two check'd linen aprons , the property of , Dec. 3 . ++

Joseph Peck . I am the master of the work-house of the parish of Christ-church. This woman was brought in as one of the poor of the parish, the 2d of December last; on the 4th the people of the house missed two check'd aprons; we suspected her being the person that had taken them; we took her up and charged her with taking them, she owned she had taken them and sold them in Long-lane for 1 s. 4 d. We took her before Alderman Alexander, he being the sitting alderman, there she owned the same, the gentlewoman is here in court to whom she pawned them.

Benjamin Hatwell . I am church-warden of the parish of Christ-church; the prisoner was in our work-house, about the 4th of December the master of the work-house came and told me she had stole two aprons belonging to a woman in the work-house; we sent for the constable and took her to the compter. I heard her say in the compter, she did steal the two check aprons; I asked her where she had carried them, she said to Long-lane; to where there ? where cloaths hung out; accordingly I went to this place with the master of the work-house; we asked the woman of the house if a black woman had sold or pawned two linen aprons; at last she said she had bought two check aprons of a black, and one of them she had sold; we saw the other, it is here in court. Before the ald erman she acknowledged she had taken the two check aprons, and had sold them to a woman in Long-lane.

Q. Did you promise her to be favourable in case she would confess?

B. Hatwell. I told her I would do all in my power for her if she would.

Elizabeth Sweetman . I live in Long-lane; the prisoner at the bar brought a couple of check aprons to me about a month, or better, ago to sell; I bought them of her, here is one of them.

Q. to Peck. Look at this apron, do you know it?

Peck. I know it to be an apron that belongs to our work-house; here is a mark upon the string, it is the letter B, this was stole on the 3d of December.

E. Sweetman. The other apron I sold for ten-pence, that had a darker check than this.

Q. to Peck. Had the other you lost a darker check than this?

Peck. Yes, it had.

Prisoner's defence.

I had been there but two days, there was a woman that I been acquainted with before I came there, she had a couple of aprons to sell, her name is Jane Walker , she desired me to sell them for her; I went and sold them for sixteen-pence, and out of that she gave me 6 d.

Guilty .

[Transportation. See summary.]

67. (L.) Elizabeth Cornwell was indicted for stealing one silk handkerchief, value 12 d. the property of Pierce Uriel , Dec. 28 . ++

Pierce Uriel . I was going along Fleet-street on Saturday the 28th of December, between three and four o'clock in the afternoon, there was one Mr. Elliot with me; at the printshop the end of St. Dunstan's Church the prisoner came close after us, she trod on the heel of the gentleman's shoe that was with me, and pulled it down behind, at the instant she had done it he took notice of it to me, and said, this woman has trod upon my heel. I felt something at that instant at my pocket; I missed my handkerchief out of my right-hand pocket, she whipped round between him and the shop, Mr. Elliot and I were arm in arm, I was on the out-side, she went towards Temple-bar; I told Mr. Elliot I had lost my handkerchief, I ran immediately up to the prisoner, who was not above five yards from me. I desired her to give me my handkerchief, and put my hand under her red cloak, and there I found it under her right-arm, ( produced in court and deposed to) I had made use of it not above half a minute before.

Q. What is it made of?

P. Uriel. Silk.

Q. What is the value of it?

P. Uriel. A shilling.

Q. Have you any particular mark upon it so as to know it?

P. Uriel. Here is the initial of my surname, and am positive it is my property; the staff-man that is under the beadle saw me take the handkerchief from her, he laid hold on her; I asked him what I must do with her, he said, you must prosecute, he took her to the constable, she said a man had picked it up and gave it to her.

Q. Was it dirty as if taken from the ground?

P. Uriel. No, it was not.

Henry Udal . On the 28th of December I was coming along by St. Dunstan's Church about three o'clock in the afternoon; I saw a bustle betwixt he, his friend, and the prisoner, and heard him say, saucy, what else I know not, but he accused her of taking his handkerchief, she seemed to deny it, he hit her a little sort of a tap on her face, and then put his hand under her cloak, and took the handkerchief from under her right-arm, to the best of my knowledge; the handkerchief was as clean as if it was new washed, (he looks on the handkerchief) this is the same, here are the two letters at one corner, which he then shewed me; I went with her before a magistrate, she there pretended she picked it up.

Prisoner's defence.

I was going along Fleet-street towards Temple-bar, I saw a man drop a handkerchief betwen the Toy-shop and the little door belonging to St. Dunstan's church, I stooped down for it, and trod on the gentleman's shoe; my prosecutor came up to me and said, that is my handkerchief, said I, if it is, take it, he up with his hand and hit me two or three blows over my head, and bid me go about my business, and made my flesh as black as my shoe-heel, this beadle coming by, took hold of me, he saw nothing of the matter.

Guilty, 10 d.

[Transportation. See summary.]

68, 69. (L.) Thomas Finlow and John Lamb were indicted for stealing one linen handkerchief, value 10 d. the property of John Heley , December 11 . ++

John Heley . On the 11th of September last, I was going from Cheapside through St. Paul's church-yard , betwixt six and seven in the evening. A little beyond the Chapter-house I missed my handkerchief (I had used it as I entered the church-yard); I made a full stop, and said to Mr. Unwin, I have lost my handkerchief since I came into the church-yard. Two boys came up and told me, if I would follow them, they would shew me the person that took it. They running before me, I and Mr. Unwin went after them, and betwixt the Goose-and-Gridiron and Child's coffee-house I met with them. The two boys said, these are the boys ( pointing to the two prisoners) one picked your pocket, and gave it to the other. We secured them immediately; in going to search them, I saw my handkerchief lying about half a yard behind the boy I had hold of, (the handkerchief produced in court, and deposed to.) I did not see it drop from either of them; it is a linen handkerchief.

Q. Did they run away?

J. Heley. They were walking very briskly, but did not run.

Samuel Unwin confirmed the account given by the prosecutor, being with him at the time.

The prisoners said nothing in their defence.

Both acquitted .

70. (L.) William Jervis was indicted, for stealing one linen handkerchief, value 6 d. the property of Henry Aterbury , Jan. 15 . ++

Henry Aterbury . On Wednesday last, between three and four o'clock in the afternoon, I was on Ludgate-hill , going to St. Paul's church-yard; just as I was between the end of the Old-Baily and Ludgate, I used my handkerchief, and put it into my pocket. Immediately after that, I felt my coat turn on one side; I clapt my hand into my pocket, and missed my handkerchief; upon which I turned back, and found this boy behind me. He went on the other side the street; I had my eye upon him, and saw him come back to the same place where I lost my handkerchief. I went up to him as he was standing in the gateway, and took hold of his collar, and said, I believe you have got my handkerchief. He said he had not; his hand was then behind him, under his coat; I took hold of that arm, and brought it from under his coat; in it was this handkerchief, ( producing one ) it was my handkerchief, the same I used just before. He said he had found it.

Q. Was it in a dirty coodition, as if picked up from the ground?

H. Aurbury. No, sir; he said, before the alderman, another boy picked my pocket, and flung it behind him, and he picked it up.

Prisoner's defence.

I was going to take a walk with a boy to London-bridge; I did not know that he was a pick-pocket. He took the gentleman's handkerchief out of his pocket, and threw it behind him, and I picked it up; the gentleman came and collar'd me.

Guilty .

[Transportation. See summary.]

71. (L.) Catharine Moon , otherwise Mohun , was indicted for stealing one woman's dimity gown, value 10 s. 6 d. and one linen shift , the goods of James Reynolds , Dec. 31 . +

James Reynolds . I live in Poland-street, Spital-fields; my wife went on Christmas-day to her father's house; on the 1st of January her father came and told me my wife, which was at his house, had lost a dimity gown and a shift; he said he thought the person that stole them was in the house; I went with him; then we challenged the prisoner with taking them, she would not own she had. My wife went out to see if she could find the things, she returned and said, she had found the shift at David Davidson 's, a pawnbroker by London-wall, I went with her there, the shift was then produced to us, they said it was in the name of Catharine Moon ( produced in court, with the sleeves sewed in with blue worsted.) I know she had one with the sleeves sewed in with such; the prisoner at last owned she had pawned the gown at Mr. Brown's on Snow-hill; my wife and the prisoner went and found it accordingly (produced in court.) This I believe to be my wife's, then I took the prisoner before the sitting alderman at Guild-hall; I don't remember she said any thing there either to own or deny the fact.

Mary Reynolds, his wife, confirmed the above account, and deposed to the gown and shift, as to her property, with this addition, that she had hung the gown and shift up to dry at her father's, and they were taken away, and that the prisoner was an acquaintance of another lodger in the house, and was there at the time.

David Davidson deposed, the prisoner pawned the linen shirt to him on the 31st of December, and

William Wilson , servant to Thomas Brown , that he took in the gown of the prisoner at the bar.

The prisoner in her defence said, she went to see a young woman an acquaintance of hers at Mr. Hancock's, the prosecutor's father-in-law. She found the gown and shift on the top of the stairs, pinned up in a cloath; her acquaintance was not at home, so she brought them away and pawned them.

Guilty .

[Transportation. See summary.]

72. (M. 2.) Susannah Williams , spinster , was indicted for stealing one silver watch, value 30 s. the property of Edward Davis , Dec. 10 . +

Edward Davis . On the 10th of December I had hung up my watch on a nail behind my compter, and went into the back part of my warehouse, I returned in about five minutes, and saw the prisoner coming from behind the end of the compter, she came to me and asked me if I had any waste paper to sell, saying, she wanted two-pennyworth; I spoke hastily to her, and said, I sell no such thing. Seeing her go out in a hurry, I thought I had lost something, I looked, and missed my watch, we took her and searched her, but found nothing upon her. The constable can give a farther account.

Thomas Sess . I am constable; on the 10th of December I was sent for to the prosecutor's, there was the prisoner, the people had searched her, but did not find the watch; she was taken to the watch-house, there she confessed she had taken the watch and delivered it to Anne Follet , whom she called her mistress; we got a warrant to apprehend her, and the day after Follet's husband brought this watch and delivered it to me ( produced in court, and deposed to by the prosecutor.)

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

73. (M. 2) Henry Room was indicted for stealing three cheeses, value 6 s. the goods of John Atkinson , Dec. 10 . ++

John Atkinson . I live in St. Alban's-street, Westminster, am a cheesemonger ; on the 10th of December I was drinking tea backwards, a man came into the shop, and went out again; I came into the shop, and looked out, but could see nobody. I went into Charles-court, there was the prisoner with three of my cheeses, carrying them before him, and another man with him; I said to him, you scoundrel, what business have you with these cheeses, bring them back to where you took them from, he directly turned round and brought them, and put them on the pile of cheeses in my shop where they were taken from. I had not missed them before.

Q. Did you tell him who you was, or where you lived?

J. Atkinson. No, I did not.

Prisoner's defence.

That other man desired me to carry them for him.

He called Thomas Hodgson , John Stacey , John Head , Mary Room , and Philip Cook , who all gave him a good character.

Acquitted .

74. (M. 1.) Wright Wankford was indicted for stealing one black gelding, value 12 l. the property of John Bardwell , May 8. *

John Bardwell. I live at Arbury , near Bishops-Stafford, in Hertfordshire; on the 2d of April I lost a black gelding out of my stable: he was taken away between ten over-night and three in the morning. I made inquiry after him, and found him in Piccadilly, at Mr. Hallowell's, about a fortnight ago; he told me he bought him of one Wankford.

Q. Did you know the prisoner before.

J. Bardwell. I did; he was in my stable but a little before I lost my horse; he lived within two or three miles of me.

Q. Is he a house-keeper ?

J. Bardwell. No, he has a lodging. I went before justice Fielding, and swore to my horse. Mr. Fielding summoned Mr. Hollowell to come before him; he came, and there swore he bought the horse of Wankford the prisoner; Hollowell had him in custody in New-prison before I came there.

Robert Hollowell . In the beginning of May, I believe the 5th, I heard Mr. Wankford was in town, with a horse to sell, at the King's-arms, by Tyburn-road. I had formerly lent him ten guineas, so I got a warrant and arrested him; after which Mr. Marshall desired I would come to some terms, and let him out. He told me there was nothing to be had; but that there was a horse of the prisoner's at his house, which he had lent him seven guineas towards the payment of, and the horse and he had eat out six pounds more, and he would not part with the horse under that thirteen pounds, and if I would buy him, he would bring him to my house, saying, he might be worth something more. He brought him, and asked sixteen pounds for him. I said twelve or thirteen pounds was the full value. I came to this agreement to set the prisoner at liberty, he delivering the horse to me, and I to pay to Mr. Marshall twelve pounds, and Wankford to give me a fresh note for eleven pounds, dated May 8. My original debt was ten pounds, or ten guineas, which I lent him ten years ago.

Q. Is this the same horse that the prosecutor swears to?

R. Hollowell. It is the same; and upon justice Fielding's order, I delivered the horse up to him.

Joseph Marshal . On the 13th of last April the prisoner brought a black gelding to my house, and there offered to sell him to divers people. He was arrested at my house by Mr. Hollowell; the next day he sent for me, and desired I would let Mr. Hollowell have the horse at, I think, fourteen pounds. I told him, he said he would not give such money. Then the prisoner said, if he would give him twelve pounds, or twelve guineas, for him, he should have him. I went and told him so; so they agreed as Mr. Hollowell has before said.

Prisoner's defence.

I bought this horse in Smithfield market; it is so long ago, I can't remember who was there.

For the prisoner.

Samuel Watts . The prisoner lodged with me at Bishop-Stafford half a year, or there-abouts; he behaved well in that time.

Q. Did he lodge with you in May or April last?

S. Watts. No he did not; I took that house at Midsummer last; I can't say where he lodged then.

John Julian . I have known the prisoner thirty years; I never heard any thing bad of him in my life.

Q. Have you been acquainted with him of late.

J. Julian. I have seen him a great many times lately.

Q. Where do you live?

J. Julian. I live in Jermain-street, St. James's-market, and the prisoner lives sometimes in town, and sometimes in the country; he once was a park-keeper in Hyde-park, about a dozen years ago; now he deals in dogs and horses.

Edward Chandler . I have known the prisoner I believe twenty years, he has bore a very good character.

Q. What has been his way of life for these ten years last past ?

E. Chandler. I can't tell. I can't say I have had much acquaintance with him of late, or since he left Hyde-park; when he was there, he and I had dealings together, and he always paid me very honestly.

William Spinage . My evidence will amount to much the same as the last; I knew him when he was park-keeper, and have had but little acquaintance with him since.

William Dow . I have known him twenty years; I keep the George in Smithfield; he used to come there sometimes on market-days; he always behaved in a very genteel manner.

Q. Have you seen him of late?

W. Dow. I can't say I have these two or three years. We looked upon him as a gentleman when he freq uented my house.

Q. What was his business at the market?

W. Dow. I suppose it was in buying and selling of horses.

Q. from a jury-man. We would be glad to know whether there was ever a market-day in Smith-field till the horse was sold?

W. Dow. No, there was no horse-market before.

Guilty , Death .

He was a second time indicted, for stealing one black gelding, value 8 l. the property of Joseph Scott , Dec. 13 .*

Joseph Scott. I live at Little-hadham , in Hertfordshire; on the 13th of December I lost a black gelding out of my yard; I made inquiry after him, and on the 30th of December I found him at the King's-arms in Tyburn-road; there Mr. Marshal, that keeps the house, told me, that he (Wankford the prisoner) brought him there.

Q. Did you know Wankford before?

J. Scott. I did; he lived about two miles from me at the time I lost the horse.

Joseph Marshal . On the 16th of last December the prisoner brought a black gelding to my house, and offered to sell him to any body that would buy him; this is the same horse Mr. Scott came and owned. He is at my house now. I went with him to Mr. Fielding, he there swore to the horse, and the prisoner was taken up on this occasion at my house.

Prisoner's defence.

I was coming up to London, having let myself to a gentleman in Wales, to be his bailiff and Steward; going along the road, I met with a man with a led horse. I asked if that horse was to be sold? He said, what is that to you? I said, if he is, I will buy him. Then he made a stop. He asked eight guineas; I bid him six pounds. He said, is that the most you will give? I said, yes. He took my money; I got on him, and rode him to London. Mr. Scott's servant was on the road that night the horse was lost, and he saw a man with a led horse, which he thought to be his master's; I desire he may be examined.

George Smith . I am servant to Mr. Scott; I was on the road the night the horse was lost; I saw a man go by me with a led horse; but I did not know the man, or either of the horses; he rode by as hard as he could; if I had thought either of the horses had been my master's, I would have endeavoured to have stopt him.

The prisoner called Thomas Nichol , who had known him thirty years; Joseph Scott , and John Bardwell , his prosecutors, that had known him some years; and Ralph Marsh between twenty and thirty years, who declared they knew no ill of him, exclusive of those facts charged against him.

Guilty , Death .

There was another indictment against him, for stealing a black gelding, the property of George Mead ; but he was not tried upon that.

75. (L.) Edward Hughes was indicted for stealing eight yards of linen cloth, called flower'd lawn, value 19 s. five yards of linen cloth for handkerchiefs, value 7 s. and ten yards of cloth for handkerchiefs, value 10 s. the goods of William Tapp , in the warehouse of the said William, Dec. 20 . ||

William Tapp . I am a linen-draper , the prisoner was porter to me. On Monday the 23d of December, I was sent for to Mr. Clark's house, a linen-draper, in Cheapside, when he told me, Mr. Bolton, in his neighbourhood, had got some goods, which he supposed to be stolen, and he had sent to the printer which had printed some of them, to know whose they were, and they appeared to be mine; he then sent for John Bolton to bring the linen, which he did, who informed me the prisoner was the man that left them with him. He also informed me that he was a married man, though I had hired him for a batchelor, and that he had a lodging in Little bell-alley, which made me think it necessary to get a search-warrant, to search his lodgings; we searched, but found nothing of mine, neither there, nor in his box at my house. I went to Mr. Bolton's house with the prisoner, the officer, and my journeyman. Mr. Bolton and his wife both said the prisoner was the man that brought the goods there. Mr. Bolton produced the goods, my journeyman, John Clark , know some of them to be mine; but the names and marks being taken off, he could not swear to some of them. Then I asked the prisoner whose goods they were? he said, sir, they are yours. I then asked him if he had any more of mine than what were there? which he at first denied; but being informed by Mr. Bolton he had lost a piece of Irish cloth on the Sunday fortnight before, I asked him what he had done with that? After a little hesitation, he told me he had sold it to one John Evans , who lives with Mr. Shuttleworth, opposite the Mansion-house. I asked him, if he had sold him any thing else? He said, no; but afterwards confessed he had sold him some linen handkerchiefs. We took the prisoner up Cheapside to my house, where he shewed us from what places and parts of the warehouse he had taken the goods. It is a shop, or warehouse (we call it either) under my house. The prisoner was then conveyed to Wood-street compter, and the officer went and found John Evans , who is here, and will give your lordship an account of what he bought of the prisoner.

Q. Did the prisoner confess this voluntarily ?

W. Tapp. He did. when confronted with the goods; I made no promise at all to him, the officer said if there were other villains concerned with him, it was best for him to tell that I might be as favourable to him as the case would admit. On the Thursday morning we took the prisoner before my Lord-Mayor, with Evans, there the prisoner confessed he had taken the whole (before my Lord, Mr. Bolton, the officer, and myself) and sold part to John Evans (the goods produced in court, and deposed to, there were two parcels, one that was sold to Evans, and another parcel left with Mr. Bolton.) These are the goods laid in the indictment; there were other goods which the prisoner said were mine, but the marks being out of them, I could not swear to them.

John Clark , the prosecutor's journeyman, and John Bolton confirmed the evidence of the prosecutor, and

John Evans deposed he bought a piece of flowered lawn, and a piece of handkerchiefs of the prisoner at the bar.

Richard Nash , the officer, deposed to that of the prisoner's confession.

The prisoner said nothing in his defence, but called John Langley who had known him a year and half, Robert Sidall, two years; Thomas Edwards , nine years; and Edward Parry , about three years; all which gave him a good character, exclusive of the present charge against him.

Guilty 4 s. 10. d.

[Transportation. See summary.]

76. (M. 1.) John Moody was indicted, for that he with a certain pistol, loaded with a leaden bullet, did wilfully and maliciously shoot off at Rose Moody , his wife , in the dwelling-house of Constantine Phipps , Esquire, with intent the said Rose to kill and murder , Jan. 2 .*

Anne Russel. On the 2d of January, between nine and ten o'clock in the evening, the prisoner came up stairs into a room where I and his wife were, at Constantine Phipps, Esq; at Sion-hill near Brentford, I live with a lady that is there, the prisoner's wife waits upon Mr. Phipps's lady, and he was principal servant there; he asked his wife why she did not go to bed? her answer was, she could not go for her lady was not in bed; she said, Moody, why don't you go to bed, you have got a nack of sitting up on nights, and my master is afraid you should fall asleep, and is afraid of an accident by fire, and she said she should let her master know it; he said he should not go to bed yet, for he had something else to do.

Q. Were the words he had something else to do, or there was something else to do?

A. Russel. He had something else to do. After that, she perceiving something in his breast, clapped her hand upon the top of it, she cried out, Mrs. Russel, Mrs. Russel, here are pistols, and immediately took hold on his waistcoat at the right-side collar, and tore either that or his shirt by pulling of him. I immediately went and laid hold on his left-arm, he strove with me and pushed me away; after that he catched hold on her left-arm, and said, d - n you, here is one for you, and the other for me; he had then a pistol in his hand, and immediately laid it down on the table, and took out the other; she was at the foot of the bed, he still having hold on her, she stooped her head down on the inside of the curtain, he struck the pistol over her head, I heard it snap, but I did not see the fire. I was then at one corner of the feet of the bed on the outside the curtain, which prevented my seeing it.

Q. Then you do not know whether the pan flashed, or whether the cock went down only, do you?

A. Russel. That I cannot tell.

Q. After you heard the cock go down, what was the next thing you observed?

A. Russel. He immediately let go her arm, and cocked the pistol again.

Q. Did you see him cock it?

A. Russel. I saw him a cocking of it; she, as soon as he had let go her arm, ran round the back of him, and she and I both made our escape out of the room.

Q. Which went out first?

A. Russel. Really I can't tell that, there was a sort of a push at the door which of us should get out first, and the moment we were out of the door, I believe we had not got three steps out, before the pistol went off, we were about two yards in the passage from the door.

Q. Was there any body in the room at this time, except the prisoner and you two?

A. Russel. No, there was not.

Q. Did you smell any thing of smoak or fire?

A. Russel. Both; and I heard and saw the flash of the pistol about my cloaths.

Q. Do you know any thing where the ball went?

A. Russel. The ball made a hole in the wainscot not half a quarter of a yard from the door, on the right-hand of it where it locks; the door opens to the left into the room.

Q. Which way did the prisoner's wife run when you got into the passage?

A. Russel. We turned on the left-hand in order to go down stairs.

Q. Was the door quite open after you were out ?

A. Russel. His wife, at coming out, gave the door a little pull, which made it stand not quite open.

Q. Which stairs did you attempt to go down? the great or back-stairs.

A. Russel. The back-stairs.

Q. Did the prisoner follow you?

A. Russel. He ran after us, and as we were upon the first landing-place on the back-stairs, Mrs. Moody being first, whether he came down any stairs, or whether he put his hand over the banisters I know not, but he there let off another pistol.

The second Part of those Proceedings will be published in a few Days.

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 Thursday the 16th, Friday the 17th, Saturday the 18th, Monday the 20th, and Tuesday the 21st of JANUARY.

In the Twenty-eighth Year of His MAJESTY'S Reign. NUMBER II. PART II. for the YEAR 1755. Being the Second SESSIONS in the MAYORALTY of THE RIGHT HONOURABLE STEPHEN THEODORE JANSSEN , Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by M. COOPER at the Globe, in Pater-noster Row. 1755.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

Q. WAS he in such a position that he could see her?

A. Russel. I cannot say where he stood, so I cannot tell.

Q. What sort of a stair-case is it ?

A. Russel. There are two landings.

Q. How near might he be to you at the second fire?

A. Russel. I cannot tell whether he was at the top, or nearer, because I did not see him.

Q. Is there a door that shuts the passage up?

A. Russel. There is, it shuts it up from the back-stairs, that door was open.

Q. Do you know what became of the ball of the second pistol?

A. Russel. I have it here, it was delivered to me by Mr. Vernon as such, I know nothing of this being it of my own knowledge.

Q. Did any other person see any thing of this affair?

A. Russel. Elisabeth Lawson came out of the next room to us in the mean time the first pistol was held over the prisoner's wife's heads. I was begging of him at the same time, saying, for heaven's sake, Mr. Moody, pray Mr. Moody don't.

Q. Who is this Elisabeth Lawson ?

A. Russel. She is servant to Mr. Phipps.

Q. Explain what you mean by holding over her head?

A. Russel. She saw that, I did not.

Cross examination.

Q. Can you tell who of you two were first out of the room?

A. Russel. I cannot tell of a certainty.

Q. How far was you got at the time the first pistol went off?

A. Russel. We might be got about two yards, or not quite so much.

Q. You made use of an expression, be so good as to rehearse it; when she cried out, Mrs. Russel, Mrs. Russel, here are pistols?

A. Russel. I immediately ran up to him, and she catched hold of his waistcoat at his collar.

Council. It was after that.

A. Russel. He said to his wife, here, d - n you, here is one for you, and another for me.

Q. Who is that me?

A. Russel, Meaning himself.

Council for prosecution. How long is that passage before you come to the door?

A. Russel. It is a pretty long passage, not so long as this court, but longer than the table ( which is about four yards long.)

Council for defendant. When did you see the ball that struck against the wainscot?

A. Russel. About an hour after, that same night.

Q. How big was the hole it made in the wainscot?

A. Russel. I believe I could put my two fingers in it?

Q. How big was that ball?

A. Russel. It was about the bigness of this I have here.

Q. Where was that ball found you have in your hand?

A. Russel. It fell between the wainscot and a post, it did not stick in the wall, but rebounded; the mark it made was on the second landing-place.

Q. After the pistol was snapped, did you observe it to be primed again?

A. Russel. He was cocking it when I left the room.

Q. Did you observe any smoke or fire at the first snapping?

A. Russel. No, I did not.

Q. Is the stair-case wainscoted?

A. Russel. It is wall all the way down.

Elisabeth Lawson . I am servant in Mr. Phipps's family; I heard an expression of a pistol that night, being in the next room to where this disturbance was, I heard Mrs. Russel say, dear Mr. Moody, for heaven's sake; the doors being both open I ran to the door of the room where Mr. Moody and his wife were.

C. Tell the court what you saw.

E. Lawson. I saw Mr. Moody holding his wife.

Q. How had he hold on her?

E. Lawson. I can't tell, he presented a pistol to her, and she was with her head down behind the curtain; I heard it snap, and saw the fire also.

Q. Did the pistol go off?

E. Lawson. I believe it did not, I heard a little noise of a snap.

Q. Did you perceive any smell?

E. Lawson. I did not at all.

Q. What did you see pass after that?

E. Lawson. I shrieked, and ran along the landing-place towards the great stair-case, and heard the report of a pistol go off before I got to the top of the stairs.

Q. Did you perceive the smoak?

E. Lawson. I did, it was a sort of a smoak following me.

Q. What distance is the head of the great stairs from the door of the room you came out at?

E. Lawson. About four yards; after this I went down stairs into the hall, there I met with my master.

Q. Did you hear any other explosion of a pistol?

E. Lawson. I did not, I went from the hall to the parlour.

Q. Did you give your master an account of what you saw and heard.

E. Lawson. I cannot say I did, I was so affrighted.

Q. Did not you go with an intent to tell him?

E. Lawson. I went with intent for help.

Q. Did you see the place where that ball penetrated ?

E. Lawson. I did, it was in the wainscot of the room.

Q. How near was it to the door-case?

E. Lawson. I never rightly examined it, I was much affrighted, and can't say how near.

Q. Did you see the mark of any other ball?

E. Lawson. I did, it was on the landing-place on the back-stairs by the window.

Q. Did you see either of the balls?

E. Lawson. I saw them yesterday, and not before.

Cross examination.

Q. You say upon hearing Mrs. Russel cry out, Moody's wife seemed to have her head down behind the curtain; did you see her face?

E. Lawson. No, sir.

Q. Was the curtain betwixt she and you?

E. Lawson. He seemed to be next to me, the foot of the bed fronts the door where I was, I do not know which way she turned her face.

Q. Did you see her head?

E. Lawson. No, I did not.

Q. Then how do you know he presented the pistol to her head?

E. Lawson. I saw him holding his pistol presented thus (holding her elbow out, and her hand directed slanting downwards.)

Q. Which part of the landing-place was the mark the ball made?

E. Lawson. It was facing as you go down the first part of the stairs.

Thomas Jeffling . I am servant to Mr. Phipps, so was the prisoner.

C. Give my Lord an account whether you saw any mark or hole supposed to be made with a bullet.

T. Jeffling. I saw a hole about a foot from the door-case in the room.

Q. Which way does the door open?

T. Jeffling. It opens into the room.

Q. Was this hole on the right-side, or on the left ?

T. Jeffling. It was on the right-side coming out of the room.

Q. Has the ball been searched for?

T. Jeffling. Yes, sir, the carpenter searched for it and found i t, I was by.

Q. Where was it found?

T. Jeffling. It was found upon the ground behind the wainscot, it had penetrated through it, and fell down behind, here it is ( producing one.)

Q. Was the wainscot deal or oak ?

T. Jeffling. It was oak.

Q. How large was the hole ?

T. Jeffling. It was as if bored with a large gimlet, and there were splinters broke from the hole.

Cross examination.

Q. How long was it before they went to search for the ball ?

T. Jeffling. It was searched for last Wednesday night.

Council for prosecution. Had you any time before that seen the hole in the wainscot?

T. Jeffling. Yes, sir, I saw it in fifteen minutes after it was made, that is, the hole the ball was taken up behind.

John Brown. (Produced a pair of pistols with barrels about eight inches) these I generally make use of, they are Mr. Phipps's; I am his servant, I was in the kitchen when this begun, the first I heard was the maid-servant shrieked out, I went forward into the servants hall, and almost to the bottom of the back-stairs, then I heard a pistol go off, I turned back again and went into the pantry, which is in the servants hall, to search for my pistols, or get something in my hand; I thought there were thieves in the house. I came out again, and went to the bags in the servants hall, where I had hung them. I then found they were both gone, then I went into the kitchen to a scullery there, then I heard the servants calling murder, then I imagined thieves were got into that part of the house, so I turned back again, and met one of the maids, and she mentioned something about Mr. Moody; the next I met with was my master, I imagined when I heard Mr. Moody's name, he had been mad, or something of that sort.

Q. What reason had you to imagine he had been mad?

J. Brown. I can't tell your lordship.

Q. Had you observed any madness in any part of his behaviour before?

J. Brown. He would drink pretty much sometimes.

Q. How would he behave then?

J. Brown. No way outrageous.

Q. What do you mean by drinking pretty much?

J. Brown. I mean by that, that he would drink to excess.

Q. Where did you go, after you met your master?

J. Brown. I went again into the servants hall, my master there desired me to take hold of Mr. Moody, who was in his own room, which is called the steward's room; I went into that room, there Mr. Moody was, leaning on his hand by the side of the door; he turned his back to me as soon as ever he saw me; I took hold of him, and turned him round, and held him by both his arms. Then I saw pistols lying on the right-hand going in, upon a shelf. I brought him out of that room, and some of the other servants got hold of him, and my master and we all went into the parlour. My lady was in a very great fright, and asked him if he was mad? He gave her some answer, but I don't know what. Then we brought him to the Coach-and-horses, a public-house near, and I was ordered to stay with him all that night.

Q. Where did you meet with those pistols you have in your hand?

J. Brown. I am not sure whether I took them out of the steward's room, or whether I found them in the pantry.

Q. In what condition were they?

J. Brown. The pans were open, and the cocks down.

Q. Did you take notice of those pistols that you saw on the shelf, that they were in that position?

J. Brown. Yes, I did; I was close by them; two days before, to the best of my remembrance, I cleaned them, and dropped oil in the pans, drew the charges, and fired off some powder in the yard, and put them into the bags unloaded, and hung them up.

Q. Did they appear when you first met with them, to have had any powder in them?

J. Brown. I found them in the same position as I saw pistols in his room; I will not swear them to be these.

Q. Did they appear to have been clean?

J. Brown. They appeared as if they had been discharged.

Q. What reason have you to say they had been discharged?

J. Brown. The pans had powder over them, and the powder looked greenish, the oil being in the pans.

Q. How did their muzzles appear?

J. Brown. I did not put my finger into the muzzles, so I can't say as to that.

Prisoner's defence.

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

For the prisoner.

Mr. Phipps. The prisoner has lived about nine years in my family as my principal servant; he had the total trust of every thing; he has behaved in the best manner in the world; but for some months past he has got into a habit of drinking, and not so careful as he used to be. He was always extremely honest; but not so diligent in my affairs.

Q. Did you observe any thing of lunacy or disorder of mind upon him, when he was sober ?

Mr. Phipps. I can't say any thing at all of lunacy.

Q. Do you think he could distinguish between good and evil?

Mr. Phipps. I think he could. I never saw any thing outrageous ? but at times seemed rather flushed with liquor.

Richard Greening . I have known the prisoner from the year 1733, lately I have been very intimate with him.

Q. What is his general character?

R. Greening. The best of characters.

Q. What's his temper?

R. Greening. Always mild and meek.

Q. Have you seen any alteration in him of late?

R. Greening. Lately, since the family came out of Yorkshire, which is, I believe, about six weeks ago, I have observed he has had a little heaviness on his mind, and he has drank a little too freely.

Q. What do you call heaviness on his mind?

R. Greening. That is as if something grieved him. I think him to be quite a different man from what he was when he went into Yorkshire.

Q. In what respect?

R. Greening. In his drinking; and seemed, I thought, disturbed in his mind.

Q. Have you been frequently in his company since his coming from Yorkshire?

R. Greening. I have not seen him very often since.

Q. How often?

R. Greening. Six or seven times.

Q. Did you ever observe any difference when he had not been drinking?

R. Greening. No; only when he had been drinking.

C. for prosecution. Then when he had not been drinking, he behaved like other men?

R. Greening. Yes; only discontented, which was the reason of his drinking. He seemed lower in his spirits than he was before he went into Yorkshire, when he had not been drinking.

Q. Will you venture to swear he was ever out of his senses?

R. Greening. No; I will not undertake that, only discontented.

Robert Greening . I am his majesty's gardener at Kew. I believe I have been acquainted with the prisoner eighteen years at least; I have been very often in his company; he once lived in our family; he always behaved with great honesty and honour; I never, to my knowledge, saw him in liquor; he was always very chearful, till within these two years. I invited him some time ago to bring his wife to my house, out of respect to the family, he being an old servant. He brought her. After that, I asked him to come several times since, and he has been several times. This last Christmas he was at my house, I had the honour of seeing Mr. Phipps, who came along with him. I then pressed him to drink, as it was Christmas-time; but he would not; I believe he did not drink above two glasses that time. I never heard any man speak ill of him in my life.

Q. Have you lately observed any difference in his behaviour?

R. Greening. I have; a discontentedness of mind; that time I speak of, last Christmas, he was very melancholy; I could hardly get a word out of him. And I remember, about three weeks ago, I met him coming out of Brentford on horseback, without a saddle, with his stockings about his heels; he had a little net, and a couple of carp in it. I asked him that day to dine with me; he said he could not, because he expected the family, and was about to get some fish.

Q. How far might he be then from his home?

R. Greening. I believe it was not quite half a mile. On my oath, to my opinion I have observed him much altered; he before seemed very chearful, and at those times I could hardly get a word out of him, especially that time at Christmas.

Q. Should you, from the acquaintance you have had with him, conceive him capable of shooting a person, if he was in his right mind?

R. Greening. I could never have thought it.

C. for prosecution. Have you at any time thought him out of his mind, so as to be capable of doing such a thing?

R. Greening. It is impossible to judge of that; he did not act and behave as he used to do.

Q. Did he give you sensible answers, when he did speak to you?

R. Greening. He did; but would not speak freely, or be chearful.

Q. Is that a token of his being out of his mind?

R. Greening. I can't say that.

Q. From what you observed of him, did you take him at any time to be a person out of his mind, and had not the right use of his understanding?

R. Greening. I never took any notice of him, but that day I saw him was the first, to see a gentleman's steward in such a condition, without a saddle, and his stockings down, and the like.

Q. What time of the day was that?

R. Greening. I believe it was between nine and ten in the morning.

Q. Do you believe he was sober then?

R. Greening. I sincerely believe he was.

William Howel . I have known him, I believe, about six years, and have seen him frequently in that time.

Q. What is his general character?

W. Howel. His character is as good as ever I heard; I believe he never did an ill thing but this in his life.

Q. What is his temper?

W. Howel. His temper is exceeding good.

Q. Have you seen any difference in him of late?

W. Howel. He was at my house twice since he came out of Yorkshire; I think the first time was about three weeks or a month ago; he was very much in liquor in the morning about ten o'clock.

Q. Have you seen him sober since he came out of Yorkshire?

W. Howel. He called another time after that; he seemed then to be in liquor, but not quite so much. I can't say I have seen him sober since he came out of Yorkshire.

Q. How often have you seen him since he came out of Yorkshire?

W. Howel. I have seen him but twice.

C. for prosecution. Do you apprehend him to be out of his senses, any farther than liquor has made an alteration?

W. Howel. I do not know really.

Thomas Porter . I have known him about three or four years; I thought he behaved as well as any man in England till he came out of Yorkshire; I have been in his company but once since, and that was at Charing-cross; he was in a very deplorable manner, as I thought; I asked him some questions more than once or twice; I could get but one word of answer from him, and then I thought him very much in liquor.

Q. What time of the day was this?

T. Porter. This was about ten in the morning.

Mr. M'Culloch. I have known him almost twenty years; I have seen him a great many times; his character is exceeding good, none better.

Q. How is he as to temper?

Mr. M'Culloch. I never saw him out of temper in my life.

Q. Have you seen him lately?

Mr. M'Culloch. No, I have not.

John Parker , one of the jury. I know something of the prisoner; may I be sworn now, and tell it before my brother jurymen go out?

Court. Swear him. (He is sworn.)

John Parker . I think, to the best of my knowledge, about a fortnight before Christmas, I was in Litchfield-street, which leads from the end of St. Martin's-lane, towards Graston-street, the prisoner at the bar came riding along, I thought a good deal confused, his cloaths were dirty as if he had fell from his horse. I asked him how he did? he said, his horse had fell with him at Hyde-park corner; I think I asked him where he was going, he said, home, which I imagined to be Burlington-street, where Esquire Phipps lives, when in town. I wondered much at seeing him come that way, which was quite out of his way from Hyde-park corner to Burlington-street.

Q. Did he appear to be in liquor?

J. Parker. I did apprehend he might be in liquor?

Q. from a juryman. We want to know whether there was ever any quarrel between the prisoner and his wife?

Q. to Anne Russel . How long have you been in Mr. Phipps's family?

A. Russel. About two years.

Q. Did you observe during that time any uneasiness betwixt the prisoner and his wife?

A. Russel. I always thought the prisoner to be a very honest good-natured sort of a man, till about a year and half ago, then he became brutish; I can't say he has used her well at all since that time; if I speak the truth, I can say no other, he has used her very ill at times.

Q. How used her ill?

A. Russel. He used to give her bad language.

Q. What did that purport?

A. Russel. He used to call her names.

Q. Was there any provocation given by the wife for that language?

A. Russel. No, my lord, far from it.

Guilty , Death .

77. (L.) Solomon Gabriel was indicted, for that he on the 9th day of December , about the hour of one in the night, on the same day, the dwelling-house of Benjamin Mendez Decosta , did break and enter, and steal one silver lamp, value 6 l. five silver candlesticks, value 16 l. two other silver candlesticks, thirty-five silver table-knives, thirty-six silver-handle forks, one silver tea-pot, eighteen silver tea-spoons, one silver tea-strainer, one silver milk-pot, three silver waiters, two silver salts, two silver salt-spoons, one silver pepper-box, three table-cloths, three napkins, the goods of the said Benjamin Mendez Decosta ; one pair of silver shoe-buckles, one gold ring, with a bristol-stone, one gold ear-ring, one silver seal, one Pinchbeck metal seal, seven shirts, six pair of stockings, and six guineas, the property of Sampson Levi , Gent. in the dwelling-house of the said Benjamin. +

Levi Woolf . Last Saturday was seven weeks one Joseph Elias (he goes by the name of Joe the old-cloaths-man) came to me to know where he could get a ladder a story and half high, I said I would see for one. He came the whole week every day to see if I had got one. The week following I met him in Camomile-street; he asked me, how I came to disappoint him? I said, to-morrow is Monday, give me money, I'll borrow one. That Sunday was six weeks, at nine in the morning, he came to me again in Duke's-place, and said, don't trouble yourself about a ladder, for I have got one; and asked me, where I would be at night? I said, I shall be here puddling about; you may see me all day long. Between five and six in the evening, he and Solomon Gabriel the prisoner came to me; we went all three together behind the back-part of alderman Gascoyne's brewhouse, there Joe the old-cloaths-man and I took up a ladder, and carried it across Little-duke's-place, and Broad-court, and hung it up in a dark entry in a thoroughfare; then they went away, and told me, I must be at the Nag's-head in Houndsditch at eleven o'clock at night. I went; there was Elias, who told me Joe was at the King's-arms. I sat down and drank with him; he said, do you know what we are going to do? We are going to get over a wall in James's-court , and break Mr. Benjamin Mendez Decosta 's house, the back part of it, and said he had got an information on a card in his pocket, that the footman had given him, with the dimensions of the house and rooms, and how to get into it. He said, you must get over the wall. I said, I will do any thing in the world to serve you; but I cannot get over the wall, I am so stiff and clumsy. He took the card out of his pocket, and said, there is a glass window, ten to one if the shutters are shut, then we can get up the glass, and the footman says there is no company in the house. Then he said, let us go to Joe, and ask him. We went; Joe told me, they did not want me to get over, they were two good hands themselves. Then it was proposed I should stand without, and receive what they brought out. Solomon said, you can't expect a whole share. Well, said I, g ive me what you think proper; but I deserve something. He said, you shall have a guinea, or a guinea and a half. I said, I am content. They said, may-be they might give me more. We went to the place where the ladder hung; we staid till the watchman had gone past twelve. Solomon went and got up to a lamp, and lighted up a dark lanthorn; then Joe came and gave us an order to come with the ladder, which we carried to James's-court, and set it against the wall; they two went over, and bad me walk about there and watch. They pulled the ladder up, and I shoved as far as I could; and they set it down on the other side. After some time they came over again; they had a great broad bag, which they set on the ground, and as they were putting their shoes on, I looked into the bag, there I saw many silver-handled knives and forks, silver candlesticks, a silver sabbath-lamp, which we light up on Friday nights, silver spoons, and linen between them, that they might not chink. One of them said to me, are not you ashamed to look in it in the street? I said, but I will look, that you shall not cheat me afterwards out of my share, and say you have had nothing. Then Joe and I took the ladder, and went over Duke's-place, and the prisoner carried the bag. After that, we changed, and I carried the bag. Solomon said he had borrowed the ladder of a neighbour, and if it was not carried safe, it would blow us. The watchman coming round in Duke's-place, calling one o'clock, we dropt the ladder, and went all three together to shoemaker-row; we went through Aldgate, and carried the bag into Joe's lodgings, facing alderman Gascoyne's brewhouse; there he bid us stay, and said he would come out in less than two minutes. He came out, and said, here is a shilling for you to drink. Solomon bid me go to my mistress's house, and he would call on me in less than half an hour. They both came there, to me; then we contrived to go and put the ladder in its place. We went there, and there stood two watchmen by it, so we let it lie. Solomon went home and lay with me. In the morning about six we got up; he said he would go to Joe. I got up to go to work, and met with Solomon (he is a painter); he ordered me to come to him about six, and said they would satisfy me. I went at the time to the place appointed, that is Marcelous's coffee-house. There they came to me, and took me to the Wool-pack; Joe gave me a thirty-six-shilling piece. I said, I thought I was to have four guineas. Said he, can't you have patience? The goods are not all sold yet; when they are, we'll satisfy you. I parted from them, and went after them the next Wednesday, and found they were gone; then on the Thursday I went to the constable, hearing there was suspicion of me, and surrendered myself.

Q. How high was the wall?

L. Woolf. That was about a story high; there was a yard betwixt that and the house.

Clare Isaac . I am cook to Mr. Decosta; I was the first person that came into the kitchen the next morning, betwixt five and six o'clock; I found the window open.

Q. Was it fast over-night?

C. Isaac. The window-shutters were closed, but one shutter was not bolted; I always have the care of them; and that was the window I found open. We frequently left them unbolted; we did not think any body could come in that way, except they had intelligence from somebody in the house; the Sashes were shut down.

Q. What did you miss?

C. Isaac. The first things I missed were three silver candlesticks, and a table-cloth from the kitchen table. Then I called my other fellow-servant down; he came, and went backward, and found the pantry broke open; there lay a whole heap of chips broke from the door; I suppose it was done with the kitchen-poker, for I found that out of its place near the door. I can't tell what things were missing out of the pantry, because I have not them things under my care; I saw there was a drawer there open.

Q. Who did these things you missed belong to?

C. Isaac. They were Mr. Decosta's property.

Sampson Levi Gant . I am servant to Mr. Decosta; after the last witness had found the house had been robbed, she sent up for me; I came down, and found the pantry-door broke open, out of which I missed two large silver candlesticks, two silver tea-candlesticks, the nozles were pewter; one silver tea-pot, three little silver waiters, eighteen silver tea-spoons, one silver strainer, fourteen large silver table-spoons, one large silver soup-ladle, thirty-five silver-handle knives, thirty-six silver-handle forks, two silver salt-tellers, two silver salt-shovels, a little silver pepper-box, a silver sabbath-lamp, which we light up on Friday nights; there are seven pipes in it to burn; my master's name, with the weight, was engraved on all the silver. I missed also three table-cloths, three napkins; the drawer in which these things were put was broke open; they were my master's property. I missed my purse from thence, in which were two gold rings, one had Bristol-stones set it, one gold ear-ring, two seals, a pair of silver shoe-buckles, five guineas, six or seven shirts, and six or seven pair of stockings; these were my property.

Q. Have you ever heard of any of these goods again?

S. Levi Gant . No, we had not. The evidence Woolf was taken on the Thursday after the fact was committed, and the prisoner was taken on a Sunday, three weeks ago; I was with the prisoner before alderman Porter, there he confessed he was in the yard, and stood in the kitchen-window while Joe Elias broke the pantry-door open, that is, a door next to the kitchen; he also said, one of the window-shutters they found bolted, the other was not, and they shoved up the sash, and Joe went in.

Q. Did he mention what goods were taken?

S. Levi Gant . He said he saw my shoe-buckles; and that he carried the bundle, but he did not see the other things, and Elias sold them all, and he had but three guineas for his share.

William Lamb . I am a watchman; on the 10th of December as I was calling the hour one I heard some people talking behind me, I staid till they came up to me, there were three men, and the last of the three had a bag on his back, with something in it; I held up my lanthorn and looked at them; I heard the first call upon God to d - n the other, saying, they had kept him too long; the other watchman that called the hour with me called halloo, I said, what is the matter? I went to him, there lay a ladder under a gateway, at the bottom of Cree-church-lane, we took it to the watch-house and went out again in quest of the people that had laid it there; finding nobody, we went into Shoemaker-row, as we were there, there came three men from Aldgate way, we followed them across Broad-court to a barber's house in Duke's-place, they knocked at the door, one went in and bid the other two a good night; we followed them, but it being dark they got from us.

Lion Toby. I am a constable; on the Tuesday morning that this robbery was committed, I was sent for to Mr. Decosta's, he said, he had been robbed, and desired me to see if I could find the persons that did it; the first thing I discovered was where the ladder was hid for that purpose; knowing the person that had that, I laid hold on him, which was the evidence, and told him he was concerned in the affair; his master whom he worked for, said, come, come, we must do our business, and he took him away; in about an hour after he came again, and said, here, I shall have a scandal upon me, they say I am concerned, then I secured him and sent for my watchman, and when the evidence saw him he was all on a tremble, and fainted away, after that he was examined before Mr. alderman Porter, then he denied he knew any thing of the affair; the alderman said to Mr. Decosta, the best thing will be to get his majesty's pardon for the person that will discover it, which the alderman was as good as his word to get for him, accordingly it was printed in the Gazette, after which the evidence made a discovery, I took him before Mr. alderman Porter, there he impeached the prisoner and Joe the old-cloaths-man, as being concerned with him in it; sometime after that, there came a fellow from the country, and told me the prisoner was there, and if I would take him I might, I went as directed, and took him at Whetstone, he was shocked when I told him of it, and he opened the whole affair to me and others; when we were on the road he confessed he had borrowed the ladder of a person in his master's name, and that they three (he, Joe the old-cloaths-man and the evidence conveyed the ladder to the wall, and that he and Joe got upon it, and the evidence helped them over with the ladder, and they went down on the other side, and the evidence stood watching, and that some time after they came over again with a bag full of silver, and that Joe the old-cloaths-man did not use him well, because he gave him but three guineas, and bid him go and travel in the country with that, and he'd see how he could reward him, and that he bought himself some hard-ware to sell in the country; when I took him he had some hard-ware upon him, but I found no plate; we carried him on the Friday following before Mr. alderman Alexander, there he made his confession, and owned it all, and I think it was on the Thursday after that he owned the same before Mr. alderman Porter.

Q. How came he to be so open in his confession on the road?

L. Toby. He told me he hoped he should be admitted an evidence. I said I can't promise you such a thing, for there is one taken already.

Samuel Fulk . The prisoner came to me and shewed me three guineas, and said, I must go along with him to sell goods for him, I went with him about six or eight miles, and on the road he told me the whole story, that on the Wednesday morning he carried a ladder which he had helped the others to, and went over the wall with one of them, and they did the robbery, and had the three guineas paid him for it; I said I would not go any farther with him, fearing trouble, so I came and told the constable, and went with him on the Sunday morning when he took the prisoner at Whetstone, after that he told the constable the same in my hearing.

Prisoner's defence.

Joe Elias came to me and asked me to lend him a ladder for two hours. I asked him what he wanted it for, he said, it was to learn a young woman to balance; I went and took the ladder from my master's work and lent it to him, he said he would pay me for it; after the two hours were over I went for it, he said he did not know what he had done with it, he could not find it; I went into the next alley in Hounsditch, there I found Joe Elias , Lion Woolf, and Lion Saunders together at the Nag's-head. I asked him for the ladder, they made me drink, and said, I should have it the next morning; I went away, and came again the next morning; I saw Lion Saunders in the street, and asked him where Joe Elias was; he said he knew where, and he would come to me in the afternoon, and I should be paid for the ladder. I said, where is he? I wanted to speak with him, he said, he could not bring him to me till the afternoon, and in the afternoon I met them all three together, I wanted to mob them in the street for my ladder, they called me into an alehouse, and said they would pay me for it, and Joe Elias gave me three guineas in my hand, and bid me go and pay for the ladder. I said, I cannot go to my master, what shall I do, he will transport me for it? Said he, go and get some goods and go into the country; he said, I should take somebody with me, so I took that young fellow to a place at Aldgate, and laid out about fifty shillings in hard-ware, and went the next day into the country, and met with another young man, and he had some goods and we put them together, I thought no harm.

For the prisoner.

Daniel Mentz . I have known the prisoner upwards of three years, he has done jobs for me, I thought him to be an honest young man, had he been otherwise he might have stole forty or fifty pounds from me in plate. I never suspected him.

Charles Legg . I employed the prisoner about a month or six weeks; about four months ago, he behaved very well with me as far as I could find. I know no more of him.

Jenny Coban . The prisoner has been my lodger twice; I never found but he was an honest man.

Hart Michael. I am a master-painter; the prisoner has been with me upwards of three years, off and on, he behaved very honest to me in a great many gentlemens houses, where was money and goods, he was always honest and true, and a hard-working fellow.

Moses Barnet . I have known him about twelve months, I always knew him to be a very honest man, and never knew any thing amiss of him.

Acquitted .

78. (M. 1.) Joseph Lovell was indicted for stealing a bay mare, value 4 l. the property of Samuel Elkins . ++

Thomas Burchell . I lost a bay mare out of my fields about the 16th or 17th of November, she was the property of a nephew of mine, Samuel Elkins ; I never could hear of her till I found William Bullock on her back, riding thro' Kentish-town; I stopped him, and took him before justice Fielding, he said he bought her at Dover fair, he told us believed he could find the man he bought her of. I and a neighbour of mine went with him to Canterbury, there the mare fell sick, so I could go no farther; the rest of the witnesses will give you a farther account.

William Bullock . I deal in earthen-ware; I was at Dover fair, I had there almost made an end of selling my goods on the 23d of November. I heard of a mare to be sold, I wanted one to ride home into Staffordshire, to a place called Hadley-green, I went and looked at her, and bought her on the 25th at night, at the King's head at Dover of the prisoner at the bar for four pounds, it is the mare Mr. Burchell has swore to be his nephew's. I took her to Deal market, and from thence back again to Dover, from thence to Sandwich fair, then to Rochester fair, then I had sold all my goods, and came to London, and staid here about two days, and riding through Kentish-town by Mr. Burchell's door, on her, going to Staffordshire, he owned the mare, and took me and her to justice Fielding's, this was a fortnight ago last Tuesday; I knew I had good evidence of my buying her, and I thought I could find the man. Mr. Burchell, his neighbour, and I set out, the mare fell ill at Canterbury, but Mr. Harrison and I went on to Dover, there we heard the prisoner was gone over to France; we staid two or three days to wait for his return, which he did, and was taken by a friend of mine, named Tulip, who keeps the Blue-anchor there, whom I had told it to at Canterbury, and who also knew of my buying the mare of him; he was brought to London, and before justice Fielding he owned he bought the mare in Smithfield, and that he sold her to me for 4 l.

John Gibbs . I live at Dover; I saw Mr. Bullock pay four pounds to the prisoner at the bar for the mare he is now trying for; it was at Dover, Bullock insisted upon six-pence back for good luck.

Walter Harrison . I live at Kentish-town; I was standing at my door and saw Mr. Bullock ride by on this mare, I went and informed Mr. Burchell, Mr. Burchell went and brought him and the mare back, he said he bought her at Dover for four pounds, and described the prisoner as the man he bought her of. I went with him and Mr. Burchell to see for the prisoner; Mr. Burchell's mare fell sick at Canterbury, Bullock and I went on to Dover after he had told Mr. Tulip the mare he bought of the prisoner was stole; Tulip knew the prisoner, and also the buying the mare of him, and left him an indemnification if he should see and apprehend the prisoner; we could not meet with him at Dover, we came back, and Mr. Tulip and the constable brought the prisoner to justice Fielding's the Sunday following.

Prisoner's defence.

I bought that mare of a gentleman's servant-like in Smithfield on the 18th of November, on a Monday, and paid for her at the George-inn there, and from thence I rode to Canterbury. I keep fairs with gingerbread, she being a little strained in the footlock, and finding her full weak, I sold her to Mr. Bullock, the person said he was just come out of the country and had no occasion for her, this was not on a market-day, one Robert Conner who lives next door to the Plough in Drury-lane, that deals in hard-ware, and one Joseph Biggs were by at the time and saw me buy and pay for her.

They were called, but no such persons appeared.

Robert Swain . The prisoner was formerly my servant; while with me he behaved himself honestly. I never heard any ill of his character before this unhappy affair.

Q. How long did he live with you?

R. Swain. He came the 4th of June, 1748, and continued till the 5th of July, 1749.

Q. Have you seen him lately?

R. Swain. It may be a twelve-month ago since I saw him before this.

Stephen Simonds . I have known him twelve or fourteen years; he lived four years with the earl of Arran; he was a baker in the country, and a chairman in town; I know nothing ill of him; his character has been very good; I have not seen him, I believe, these eight or nine months before.

John Green. I have known him about fourteen or fifteen years; I never heard any thing ill of him before this affair. I had seen him about four or five months ago.

Thomas Slayter . I have known him from his infancy; I never heard any thing ill of him in my life before this; I believe it is six months ago since I saw him before.

Guilty , Death .

79. (M. 1.) Edward Merril , otherwise Deleraunt , was indicted, for that he on the king's highway, on Collin Smith , Esq ; did make an assault, putting him in corporal fear and danger of his life, and taking from his person one metal watch, value 3 l. one pair of silver shoe-buckles, value 12 s. one guinea and seven shillings in money, numbered , his property, Dec. 9 . +

Collin Smith . On the 9th of December, between five and six in the evening, I was going from London to Barnet ; about a quarter of a mile on the other side Wherstone turnpike I was overtaken by a man in a dark brown coat, on a pretty large black horse; he presented a pistol, and bid me stop, and deliver my watch and money, which I accordingly did; my watch was a metal one; I delivered him a guinea, and about seven or eight shillings, and a pair of silver shoe-buckles which I had in my pocket. I requested him to return me a seal which was on my watch, which he did. I told him I was going a long journey, and desired he would give me two or three shillings to bear my expences. It was dark, I can't punctually swear to the prisoner; but I believe him to be the man.

Q. from prisoner. Had I any thing about my head or face?

Prosecutor. I think not.

Q. Why do you suspect the prisoner?

Prosecutor. He was taken the next day, with the watch and buckles upon him.

Benjamin Hobson . On Tuesday the 10th of December, about eleven in the morning, I being overseer in our parish of Epping, the prisoner's horse was shoeing at a blacksmith's shop; he was suspected to be a highwayman. A person came and told me; I went and viewed him. He was in very mean apparel, and had a watch, which was thought to be gold. I got the constable and apprehended him; and in searching him, I found a pistol in his pocket, (produced in court) it was not loaded. This watch I found also (produced in court, and deposed to by the prosecutor.) I found in his pocket these pair of silver shoe-buckles, (producing them.)

Prosecutor. I lost exactly such a pair the evening before; I believe them to be mine; but as there may be others of the same pattern, I will not swear to them.

B. Hobson. The prisoner's horse was a black gelding, about fifteen hands high, with two white feet behind. There was about seventeen shillings in silver, and some halfpence found upon him. I asked him if he had ever a friend that could come to his character? he said he had lived to bury all his relations, and had not a friend in the world.

Q. How was he dressed.

B. Hobson. He had a brown great-under that a flannel waistcoat, which he had bought of a salesman in Epping for three shillings that morning.

Richard Archer . I am the constable; Mr. Hobson came to me, and said there was a man at the blacksmith's shop, which he suspected to be a highwayman, and charged me to go along with him, and bid me clap him on the back, and say he was my prisoner. I then charged him to assist me. I went and secured the prisoner. We led him to the sign of the cock, and in searching him found this pistol, watch, and buckles, a paper of powder, seventeen shillings and six-pence in silver, and six-pence in halfpence, and a ticket with which he had come through the turnpike at Epping. He had nothing to say for himself.

Prisoner's defence.

I bought the watch of a Jew for five guineas, on board the Lively man of war, five years ago; and the buckles about three years ago; but I can't find the person I bought them of.

To his character.

Edward France . I have known the prisoner ever since he was a day old; his father and mother kept the Turk's-head in Soho-square; I never heard any thing bad of his character; he had a good education; I think he was sent to sea about two or three years ago; his father is dead, but his mother, brother and sister are alive.

Robert Pratt . I have known him ever since he was a child; I never heard any thing dishonourable or dishonest of him.

Anne Pratt . I am wife to the last witness; the prisoner was born in my house; I have known him over since. The prisoner was fitted out by his mother to go to sea about two months ago; but did not go. I never heard any thing dishonest of him before this.

Q. to prosecutor, By what do you know this watch to be yours?

Prosecutor. The maker's name is Dudd; I can't tell the number. I also know it by the ribband being cut, to take the seal off, which was returned me; also by the gilding being rub'd off the back of the case, and the bottom to the spring that opens it was bruised.

Guilty , Death .

Upon Mr. Hobson's demanding the horse the prisoner rode, the act of the 4th and 5th of William III . was ordered to be read, wherein it appears the captor's being intitled to the horse, arms, money, and furniture, taken on the robber, except the same be feloniously taken before the robbery. By this statute, any person who lends or lets any horse to any highwayman, forfeits the same upon conviction.

80. (M. 1). Thomas Trevis was indicted for that he on the 27th of December , about the hour of two in the morning of the same day, the dwelling-house of John Dederick Pope did break and enter, and stealing out thence one gown, two cloth cloaks, three pair of worsted stockings, one pair of leather pumps, one silk-damask waistcoat, one quarter of a pound of thread , the property of the said John. *

John Dederick Pope . I fastened my doors in the evening on the 27th of December, as I usually do; when I came downabout seven next morning, I found my door open which goes into the yard, and the things mentioned were missing from off my wife's horse on which she dries her cloaths; but I leave that to her to give an account of them. On the 31st of December, a headborough and watchman came and asked me if I had been robbed? and said, they had got the thief. I went before Sir Samuel Gore ; there was the prisoner and the goods.

Elizabeth Pope . On the 27th of December, our doors were fastened at ten o'clock, when we went to bed. I was the last that went to bed. We have two doors, one to the street, the other to the yard; in the morning the street door was fast, as usual; there was no place broke to get in; we know not which way the thief got in, except, he got in before we went to bed, and concealed himself in the house, and then let himself out at the back-door, which we found open. The next morning, from off a horse behind the kitchen-door. I missed three pair of stockings, an ironing-cloth, a short gown, two scarlet cloaks, and a damask waistcoat, and some thread from out of a drawer. My husband went down into the cellar, and called me down; there they had been trying to steal the lead from the copper; it was loosened all round, but I had got up betwen twelve and one, and I suppose that had sent them away. The officer of the night came to me, and asked me if I had been robbed? I said, yes. He asked me, if I could tell the things when I saw them? My daughter looked on the inside of a pair of pumps, which he brought; there was her name wrote in them. Then we went to Sir Samuel Gore , there was the prisoner, and all the goods were at the officer's house. (Produced in court, and deposed to by the prosecutor's wife.)

James Pomeroy . I am a watchman at St. George's, I happened to go for two full pots of beer to the sign of the Ship, betwixt one and two in the morning on the 28th of December, in Old-gravel-lane, the prisoner came by with a bundle on his left-shoulder; I was on the step of the door with an empty gallon-pot in my hand; I asked him where he was going with that bundle? he said, to his lodgings. I asked where he brought it from? he said, from on board a ship; I asked, where the ship lay? he said, at Wapping-old-stairs; I asked him how he came so round-about a way? he said, because he chose it; I said, I chuse you shall stay and drink with me before you go any farther; he said, he would not stay; I went from the door to him, he flung the bag down and said, d - n your eyes, what do you want with me? then I said, have at you; he ran away, and I followed him, calling out, stop thief; I lost sight of him in Worcester-street, but hearing his foot, I followed, calling stop thief, and Richard Enson a biscuit-baker going to work stopped him, we brought him back to the bag, we took that and him to the watch-house, and to Sir Samuel Gore , the next morning; these things here produced are the same which were in the bag; we seeing the shoemaker's name on the pumps, carried them to him, his name is Ostridge, he said he made them for the prosecutor's daughter, and they had been robbed of them, and they had bespoke another pair.

Richard Enson . I was coming to my labour about a month ago, I don't know the exact day, Ratcliff clock had struck two I thought; I heard somebody walking after me, but I could not see any body. When I came to the bottom of Farthing-fields, coming into Gravel-lane, I saw this watchman knocking at a door; I went on; I heard some body call out stop thief; I had a stick in my hand, and a dog with me; I went to the bottom of the place, and stood under the shadow of the house. I heard a running, which I took to be two or three persons. I saw the prisoner turn at the corner, I stept over to him, and said, where are you running? He made use of some bitter oaths, the watchman still kept crying out. I laid hold of the prisoner, and delivered him to the watchman; he carried the prisoner to the watchhouse, and I carried his bundle along with him.

Prisoner's defence.

I found that bundle at a door, and took it in order to carry it home; in the morning I designed to have it cried, and the watchman came and took me to the watch-house.

Guilty , Death .

81. (M. 2.) William Humphrys was indicted for stealing two linen handkerchiefs, value 6 d. the goods of Thomas Threkell , Octob. 31 .

++ Guilty .

[Whipping. See summary.]

82. (M. 2.) John Cashbolt was indicted for stealing one pair of silver buckles, value 14 s. the property of Timothy Wilkins , June 10 .

|| Guilty .

[Transportation. See summary.]

83. (L.) Sarah Todd , widow , was indicted for stealing one chesnut coloured gelding, value 4 l. the property of William Collingwood , Jan. 10 . +

William Collingwood . On Friday the 3d of this instant I had a chesnut-coloured gelding in keeping, at William Finkel's, a farmer, at Charlton , in Kent; I saw him on that day, between two and three in the afternoon in the yard; he was missing the next morning; I came to see for him in Smithfield market on the 10th, there I saw a man on his back; Josiah Whiting was with me, he went to the man, and asked him if he would sell that horse, and how much he would have for him. He asked him 3 l. 10 s. or 3 l. I know not which. He asked him how long he had had him? The man said, two years. He next asked him where he brought him from? The man said, from Carmarthenshire in Wales. I took hold of the rider, and pulled him off, and said, this horse was mine this day se'nnight, betwixt two and three in the afternoon. Then came Edward Jones , and said the horse was his, and that he bought him in the White-horse inn-yard in the Fleet-market; he shewed the receipt, and said if I would go there, he would bring his vouchers. Accordingly I went; I got a constable, and put the rider and Mr. Jones in his custody; and in the mean time he sent his friends out, and took the woman at the bar. There was Joseph Peacham the hostler of the White-horse, and another man, vouched Mr. Jones bought the horse of this woman; and the woman owned she sold him the horse, and said she had him of one Williamson for a debt, and said he was a little petty farmer near Chelmsford in Essex; in a little time after, she said she had him of a man at Burntwood; after that, she said she had him of a boy from Portsmouth the Monday before she came to the inn, which was before he was lost. We took her before my Lord-Mayor, she there owned she sold this horse, and that she could give no account of the boy that she had him of, but said he belonged to the sea.

Edward Jones . On Thursday the 9th of this instant, about two in the afternoon, John Pew , the hostler of the Queen's-head, Gray's-inn-lane, brought the prisoner to me, and asked me if I would buy a horse? I went with them to the White-horse in Fleet-market; Joseph Peacham , the hostler there, brought out the horse, the prisoner asked 4 l. for him. I said he was lame, and I believe had been fired on the off-foot, and as old as she almost. No, said she, I'll take my oath he is but six years old; for I bred him myself, and said she brought him out of the west country. I hid her two guineas for him; she would not take it. I went to my house in Fetter-lane, and had not been at home long, before she, and a person whom she called daughter, came; and there I bought him of her for 3 s. more, which was 2 l. 5 s. She left her daughter at my house, and she and I went to the White-horse again; she hid the hostler bring out the horse, she having borrowed some money of the hostler, I gave her a guinea to pay him. Then she went to my house, and I gave her a guinea and three shillings more, and took this receipt; I saw her sign it. On Friday I went to the market with him, and there the prosecutor came and owned him, as my man was upon him. The rest as the former witness. ( The receipt read.)

January 9, 1754.

Received of Mr. Edward Jones the sum of two pounds, five shillings, in full for a horse, which I this day sold.

By me, Sarah Todd .

Witness, J Orchard , W. Thomas.

John Pew . I am hostler at the Queen's-head, Gray's-inn-lane, a livery stable; the prisoner had an acquaintance just by me; they came together to the tap-house on the 9th of this month, the prisoner asked me if I would buy a horse? I said, I would, if I liked him; if not, I would go along with her, and give her my opinion. I went with them both to the White-horse inn in the New-market. As soon as I saw him, I said he will not do for me. I said, may-be he may be worth four pounds, and her best way was to take him to the market on the morrow. She asked me if I would give her three pounds ten shillings for him ? I said I would not buy him. She asked me if I could recommend her to a friend? And this Mr. Jones having bought horses of me, I recommended her to him, who I suppose bought the horse. I was not there.

Joseph Beacham . I am an hostler at the White-horse by the Fleet-market on the 3d of this inst. about a quarter before twelve o'clock at night, came a young lad about sixteen or seventeen years of age, and knocked at our gate, I went and let him in, he brought this chesnut-horse, and desired I would take care of him, and that in the morning a gentlewoman would come and give me farther orders; about ten o'clock the next morning the prisoner came and asked me if a horse came in the night before; the young lad came along with her, they went and looked at the horse, and she ordered me to take care of him till Wednesday, while John Wild the Ushant carrier from Wiltshire comes; she said she was to go down with him, he inns at our house; on the Saturday morning she came and said she had some cloaths came up by the Portsmouth waggon, and she could get no money till John Wild came, and desired me to lend her three half crowns, which I did; on the Sunday about two or three o'clock in the afternoon the young lad came to me again with a letter from her, and desired I would be so good as to lend her three shillings more, I told the boy I would not, except she came herself, she came in about an hour after, and I lent her the three shillings; from that time I did not see her till she came and sold the horse to Mr. Jones; she never came while the Ushant waggon was in town; she called the other woman that came with her, kinswoman.

The rest of his evidence confirmed that of the prosecutor's and Mr. Jones's.

Josiah Whiting , who came with Mr. Collingwood to Smithfield market confirmed the account he had before given, with this addition, that the prisoner at last owned she came from Woolwich.

Richard Russel, Francis Belcher, and William Tinkle all deposed they knew the horse to be the prosecutor's property.

Guilty , Death .

84, 85. (M. 2.) John Armstrong and John, otherwise Thomas Welch , were indicted, for that they on the king's highway on Francis Hall did make an assault, putting him in corporal fear and danger of his life, and taking from his person 3 s. in money, numbered , Dec. 10 . ||

Francis Hall. I was robbed five weeks ago last Tuesday night of three or four shillings, but can't swear to the prisoners; there were three of them that robbed me.

John Courtney . On the 9th of December at night the two prisoners Armstrong and Welch, and I were in company together, and on the next day, being the 10th, we met at the Three Tuns at Aldgate about three o'clock, we had three pots of beer and half a pint of gin, after that we went to Islington-road , betwixt there and Highgate , about six o'clock, we staid some time at a gate on the left-hand near the two-mile-stone, Armstrong was within-side the gate, and Welch and I stopped a farmer that was coming by on horseback, we had him into that field; this was not Mr. Hall.

J. Armstrong. That fellow will give an account of a dozen robberies, his wife * was hanged amongst the last people here, he has been a thief these seven years.

*Eleanor Tobin, otherwise Woods.

J. Courtney. About ten minutes after came the prosecutor Mr. Hall, Welch and I stopped him and brought him to the same place, we stopt the other at coming in at the gate, Armstrong laid hold of his bridle to bring him in, the prosecutor was a little obstropulous, and Welch struck him and laid hold of his bridle, and Armstrong went on the right-side, and I on the left; I took out of his left-pocket nothing but a penknife, Armstrong took out what money there was in his right-pocket, all the money I saw was one shilling and a penny; then I took hold of the bridle and led him to the gate again; I told him to make no words, and bid him a good night; he said, gentlemen, I wish you a good night, and thank you for all favours; then we went to the Thistle-and-crown near Charing-cross, there we had a nogin of rum, a pennyworth of gin and a pot of beer.

Q. to prosecutor. Do you remember any such words passing when you was robbed?

Prosecutor. By them words he mentions he must be there, for I repeated those words that he says; the least man struck me, and the tallest took my money away, I suppose that to be Armstrong.

Note, Armstrong was the tallest man by about two inches, but at the time of these words speaking, he lowered his body down, and the other made the best of his height, so that they seemed much of a size, but in ten minutes time the court perceived the difference, as at first.

On his cross examination he said, that after the robbery they stopped at a house in Holborn, and had two pots of beer, that he never saw the man at the Thistle-and-crown in his life before, that Armstrong bro ught them there, that he himself was taken up upon another robbery, that Armstrong and he were first acquainted at Bristol.

Samuel Bromfield . I live at the Thistle-and-crown, Charing-cross; I know Armstrong, I never saw the evidence or Welch but once before, the turnkey of Toshil-fields-bridewell was drinking in my house, when they all three came in; he called me to the door, and asked me if I knew them? I said none but Armstrong; he said, take care of them for they all three highwaymen.

J. Armstrong. That man is a thief-catcher.

S. Bromfield. I never took a thief in my life.

Q. What day was it that they came to your house?

S. Bromfield. I don't know justly, I know it was in December. Armstrong used frequently to come.

Q. from Armstrong to Courtney. Where did you live in December?

J. Courtney. I lodged at Welch's house then, I was there five weeks.

J. Welch. I have no house, nor have had one these three years.

J. Courtney. He has a house, and wife and children too at Dock-head.

J. Welch. I have no wife; only the woman that I lodge with.

Armstrong's defence.

That evidence has been tried for piracy on the high-seas here, and after he came out, he came to my house (I kept a public house at Bristol) quite naked, and I shipped him to sea; he got in my debt about four or five pounds, and I never saw him till he came to London, at which time I thought I might have a chance to get my money, he told me he had made a very good voyage and would pay me. I lent him money since, and to make me amends he gets acquainted with thief-catchers to take away my life. After I was taken into custody he came to me, I asked him how he came to do this? he said, he did it to save his own life, but he would deny it all in court.

J. Courtney. I never made such declaration in my life.

J. Armstrong. He broke Liverpool gaol, and rescued Nell Tobin , and took four men with him to do it, and after that, he turned evidence in Lancaster gaol against them.

J. Courtney. Those four men turned evidence against me.

Welch's defence.

I have no more to say than what I am going to tell you; I met the evidence at the Shepherd and dog below Tower-hill, with three or four men along with him; he had on a new jacket and a new pair of Trousers, singing very merrily. He asked me if I would drink? I said, I did not care if I did. He said, he was just come home from the West-Indies, and that he had got thirty pounds to receive in Broad-street, and he wanted somebody to get his R off. I gave him directions to call at my lodgings the next day, and I never saw him since, till I saw him before justice Fielding. I don't know whether he is a bad or a good man.

Q. to Courtney. Did you meet Welch as he says.

J. Courtney. The gentleman that keeps the Shepherd-and-dog knew Mr. Welch and I resorted together at his house more than five or six weeks ago several times. We never went in at his lodgings till dark night, because he did not care to be seen himself.

For Armstrong.

William Hailey. Armstrong had lent me four pounds and six pence, he took me up, and sent me to Whitechapel prison. I remained there five days. He wanted the money, and I could not afford it him then; in the mean time, he took compassion on me, and came to the prison and relieved me upon my note, which the gaol-keeper is a witness to. When my lodger came home, I got a little money; I sent him word to come, and I would pay him. He came on the 9th, and remained with me to the 12th of December. I paid him the money upon the nail, and he returned the note; I remember it on account of the date of the note.

Q. Where is the note?

W. Hailey. That I have burnt.

Q. Was you with him every hour of that time?

W. Hailey. I can't say I was; he lay every night in my house.

Q. Did he not go out in the time?

W. Hailey. Not above a quarter of a mile in the time, to the best of my knowledge. He told me also he had a pain in his knee, and I had salves from the hospital, which he had applied to it, and thought they did him good.

Q. Where do you live?

W. Hailey. I live in Southwark.

Mary Cockland . I remember Armstrong being at Hailey's house on the 10th, 11th, and 12th of December. He was lame, and could not go out so much as he would. I lived with Hailey eight or nine months.

Barnaby Horand . I live at the ship, by the victualling-office; I have known Armstrong four or five years; he behaved very civilly in my house; he was hardly five days absent from my house till this thing happened.

Q. Have you seen Welch and Courtney with him?

B. Horand. I have, at my house, with each of them; but never all three together.

John Jones . Armstrong was a sergeant under my command, in the year 1745, in the duke of Montague's regiment. He did his duty as a soldier; I never had any complaint against him.

Thomas Haines . Welch was a ship-mate of mine on board the Crown man of war; he behaved well there, and bore a very good character.

+ Both guilty , Death .

See No. 46, 47. in alderman Rawlinson's mayoralty, in the indictment, John Welch the younger.

86, 87. (M. 2.) John Christopher was indicted for stealing four hundred weight of lead, value 3 l. and one piece of iron , the goods of John Matthews . And Richard Davis , for receiving the same, well knowing them to be stolen , Dec. 20 .

+ Both guilty .

[Transportation. See summary.]

88. (L.) Samuel Shelby was indicted for robbing James Price on the King's highway of 4 s. Jan. 12 .

|| Acquitted .

89, 90. (L) Robert Welch and Stephen Harding were indicted, for that they, together with a person unknown, did steal one copper still, and still-head, value 4 l. the property of Thomas Isherwood , Jan. 10 .

++Welch guilty , Harding acquitted .

[Transportation. See summary.]

91. (L.) Benjamin Jones was indicted for that he on Sarah Robertson , widow , did wickedly and feloniously make an assault, and her the said Sarah, against her will, did carnally know , Oct. 5 .

Sarah Robertson . I kept a public house four months in the Fleet-market ; on Saturday the 5th of October, about four in the afternoon, the prisoner came to buy some houshold goods of me, he asked me how it came that I was selling my goods? I told him that the Warden had locked Mr. Hunt up, and he would not let it be a public-house any longer. He asked me if I had any leather chairs to sell? He went up into the dining room, and looked at some, after that we went both down stairs. He called for half a pint of wine; then he said, Mrs. Robertson, I have got an exceeding good public-house, I will let you have, with a hundred pounds stock in it; but it is out of the freedom of the city. Then he said, I see you are so full of business, there is no opportunity to talk to you; and asked me if I would go with him any where else? And mentioned some place up in Holborn, a great way off. I answered I would not go there for ever so much. I said, if any other place would do, I would go. Then he mentioned the Leg in Fleet-street; but did not say whether it was a tavern, or what; and I never knew there was such a house as the Leg tavern there before. I said I would meet him there. I went, and at the top of the market I asked a woman where the Leg tavern was? She said it was a little higher up in Fleet-street. After that, I asked at the Tin-shop. When I came there, the prisoner was not come; I took a chair and sat down in the passage, where I staid some time, and finding he did not come. I threw down six-pence for a glass of wine and came away; I met Mr. Jones in Fleet-street, fronting the Saloop-shop, he clapped his hand on my shoulder, and said, Mrs Robertson, where are you going? I said, my business was so urgent I could not stay; I went back with him, when we came there we went to the upper end of the yard, in a private room, a ground-floor, I don't know whether there are two or three windows, they opened fronting the tavern-door.

Q. How long is the yard?

S. Robertson. The room is about thirty yards from the bar; the prisoner called for a pint of wine directly, a Dutch woman followed us up the yard, we sat down with it, she did not stay at all, then I said, let me know about this house; he said, Mrs. Robertson, there is a hundred pound stock, and you shall have it for one night's lodging with me; I made answer, I would not do such a thing for the world, I would not live or cohabit with any man living, neither would I wrong Mr. Hunt's bed.

C. Explain what you mean by that.

S. Robertson. Mr. Hunt is in the Fleet, and he is the person that I am under contract of marriage with.

Q. What did the prisoner do to you?

S. Robertson. He made no more ado but took and pulled me forward and unbuttoned his breeches, and forced my hand to his private parts, and pulled my petticoats up before in order to lay with me, I cried out as loud as I could, nobody came to my assistance, nor did I see man, woman, or child all the time I was in the place; I struggled very much, and got myself disengaged, then he got my cloaths up behind, in order to lay with me backwards; after that I called out again, and struggled, so that living a new pair of shoes on the heels came off with struggling, he always kept hold of my petticoats, so that I could not get away from him, then he took and threw me cross his lap, with my head upon the ground, and had hold of both my hands, he took my petticoats up all round me, I was as much exposed as ever any monster was, then I found him enter my body, as my husband, as I lay with my head on the floor, and one leg down on the ground betwixt his knees, he kept my hands fast in one of his, that I could not stir them, and he held me fast by my middle, and with the other hand was forcing his private parts to me. I am a widow, I was married to one man nine years all but three days, and have had four children.

Q. Are you positive he did enter your body?

S. Robertson. I am very positive he did. I got one of my legs down, that which was cross his knee, and forced myself down on the ground, and said, for God Almighty's sake don't, you'll ruin my soul and body, when I got up from the ground, he got me on his lap again, and my right-hand he forced to his private parts, but I clinched my fingers fast, so he could not make me, then he said, d - n it, I can do nothing, I can do nothing, and d - d his eyes and limbs and swore he would st - h me; he endeavoured it again, but did not succeed; I told him I did not think he would have brought me to a house to use me ill; he said, what did I mean by using me ill? I went to lay hold on the decanter and glass to break the window, but he pushed them out of my reach; I told him it did not signify, go I would, or I would raise Fleet-street about his ears, he said, I should not go at all, many times over, and said, he would lay with me. I begged and prayed as much as possible, and told him my business lay at six's and seven's; I got away at last by swearing an oath that I would return back again to sup with him, and he was to get a fowl for supper; when I got out of the house I never returned, I saw a woman in the room close to where we were; when I got out I went as fast as I could go, fearing they should bring me back again, and went home directly, and made complaint of it in about two hours afterwards, and cried sadly, for my cloaths were torn from off my back; I complained also to Mr. Hunt and Mrs. Slayter in the Fleet; the prisoner came again that evening about six or seven o'clock to buy some pots, Mrs. Slayter sold him them, one Gwin, that came with the prisoner, wrote a receipt, and brought it up for me to sign it, I refused signing it; after they were gone Mr. Hunt beat me unmerfully, and said there was some meaning in my refusing to sign it, then I told him the reason why I would not sign it, Mr. Jones had used me ill at a tavern, so he called two or three more people up, and I told the story there, and the Monday after I went before Mr. alderman Janssen and made my complaint to him.

Cross examination.

Q. Was you at the bar of that house in Fleetstreet.

S. Robertson. No, I was not at all.

Q. How long might you be there in the whole?

S. Robertson. About an hour and half.

Council. I can't conceive how there could be any possibility of his penetrating your body.

S. Robertson. He did enter my body a little.

Q. To what degree; describe which way it could be?

S. Robertson. He did indeed a little way.

Q. How far might he get within you?

S. Robertson. I tell you but a very little way.

Q. Are you apprehensive you could be with child by him?

S. Robertson. I am not that I could, because it is a thing impossible, for where a woman has no inclination, it is impossible there can be a child

Q. Who told you that?

S. Robertson. Because I have been a married woman a great many years.

Q. Supposing you had consented, have you any reason to think you might have been with child by the consequence of it; you say he entered your body as your husband did?

S. Robertson. I don't say I am with child, I don't think I have any reason to think I am with child. My husband never used me in such a manner.

Q. Then he did not lay with you in so complete a manner as your husband did?

S. Robertson. No, he did not, because of my struggling.

Q. Did you perceive - ?

S. Robertson. I know what you mean; no, I did not.

Council. Look upon that piece of paper.

S. Robertson. This is my hand-writing.

Q. Who is the body of the note wrote by?

S. Robertson. It was by Mr. Gwyn.

Q. Look at this letter; do you know this name at the bottom?

S. Robertson. This is Mr. Hunt's hand-writing.

Q. Here is another letter; whose hand-writing is this?

S. Robertson. This also is Mr. Hunt's handwriting.

Q. Did you read the date of that receipt when you signed it?

S. Robertson. I did not look at it; I was forced to do it.

Q. Is Mr. Hunt a married man?

S. Robertson. Upon my oath I don't know the he is; he always denies it to me.

Q. How long have you known him?

S. Robertson. Ever since the 8th of October was twelve-month.

Q. Did he not set you up in that house in the Fleet?

S. Robertson. He did not; the goods and effects were great part of them his, and some were mine; for he had a great deal of money of me.

Q. What was his business ?

S. Robertson. He had a place in the commission of bankruptcy I think, and he dealt in brandy and wine, he bought the liquor in.

Q. Did you ever know him a bailiff, or sheriff's officer?

S. Robertson. No, I never did.

Q. How came he to be locked up in the Fleet?

S. Robertson. I don't know that; I think it was a linen draper did it.

Q. How long was the prisoner discoursing with you before he became so violent?

S. Robertson. Not a great while; not above a quarter of an hour.

Q. How long had you been seated before he talked about the house?

S. Robertson. I had drank one glass of wine before, and so had he; we had but one pint of wine in all.

Q. How long might you be in the room with him?

S. Robertson. To the best of my knowledge about two hours, or two hours and a half.

Q. Did no body appear in this time?

S. Robertson. Never a soul.

Q. Had you an opportunity of having any command of the yard?

S. Robertson. As I sat, I could see the bar and the kitchen sideways; but I did not see any of the family moving in the house.

Q. Did you hear the bar-bell ring in the time?

S. Robertson. No, sir.

Q. What did you say, when you cried out?

S. Robertson. I said, for God's sake some body come and help me! as loud as I could.

Q. Did he attempt to stop your mouth?

S. Robertson. No, he did not, he said, d - n you, why do you make such a hire noise?

Q. How long was you in this struggling position?

S. Robertson. I don't know whether it was not ten minutes.

Q. Was the door fascened ?

S. Robertson. I believe it was only shut.

Q. You say he entered your body a very little way; what do you call a very little way?

S. Robertson. He did just enter my body.

Council. Will you swear he was the length of his thumb-nail in you?

S. Robertson, Yes, sir, more than that; but it was but a very little way. My senses were gone for a good while, it might be for five or six minutes.

Q. Did he attempt to throw himself on the floor, in order to lie with you?

S. Robertson. No, sir, my petticoats were towzed all round me, and my legs tangled in them.

Susannah Gwyn . I was sent to sell Mrs. Robertson's goods on the 5th of October; I remember Mr. Jones coming between three and four in the afternoon, and bought some pots. He went out, and returned about dusk. He came again on the 7th, and said he had been quarelling with his wife concerning a letter sent her about a rape on Mrs. Robertson; and said he could have laid with her over and over; but she was a little dirty b - ch, and he would have nothing to say to her. I said, if you know yourself clear, go to Mr. Hunt in the Fleet, and clear yourself. He went, and I was there. Mr. Hunt asked him several questions; he said, may-be she might sit on my knee, and my breeches might be open; and said to me, you may put your hand in, if you will, and pulled them open.

On her cross examination, she said she did not take any notice of Robertson's cloaths that evening being torn.

Mary Yardley . I was standing at the corner of the New-market one afternoon, Mrs. Robertson came and asked me where the sign of the Leg was? I told her the Leg tavern was up in Fleet-street.

John Hunt . On the 5th of October last, Mrs. Robertson was selling some houshold furniture for me; I was then a close prisoner in the Fleet. She came to me on the close of the evening, and fell a crying but said nothing then. About candle lighting came Mrs. Gwyn and the prisoner; he had bought some quart pots, and desired a receipt. I desired Mrs. Robertson to write one; she would not; but with a great deal to do she did sign one. After Jones was gone, she cried, and said he had used her very ill at the Leg in Fleet-street. I said, I had before cautioned her to take care how she went into that house. She said she had forgot it. To know the truth of this, I was willing to get the parties together. So I sent a letter on the 6th of October to Jones's wife, and made the scene look black against him. I sent her word Mrs. Robertson was then in keeping by the prisoner, and if she would come to me, I would acquaint her with the whole, and where she was. The messenger returned, and told me she delivered it to Jones's wife's own hands. Jones's wife came to me, and I desired the prosecutrix to repeat to her the whole transaction; which she did. On the Monday after that came Jones; he said he did go to the Leg tavern with Mrs. Robertson, and they there had but one pint of wine, and she might sit on his knee, or kiss his lips; but as to any thing else, he never did attempt. I desired her to tell her story before him; there she charged him with abusing her, and lying with her; but he denied it.

On his cross examination, he said he was a married man, that his wife was then near him in court, that he had two children by her, and that he, notwithstanding that, had made a contract with the prosecutrix to marry her; and he had been acquainted with her eighteen months or two years; that he went from his wife the 16th of January, and made the contract with Robertson on the 8th of October following; that he wrote two letters to Jones's wife; that he struck the prosecutrix some pretty hard blows, because she did not tell him of Jones's lying with her when Jones was there, that they might have it face to face, and for being concerned with him, and not because she would not sign the receipt. That the prosecutrix had once lived in Red-lion-court, Fleet-street, which is ten or a dozen doors from the Leg-tavern.

Prisoner's defence.

The prosecutrix wanted to talk about this house alone, and desired me to go with her to the King's-arms or Leg tavern, which I pleased. I went there with her; I called for a pint of wine; the two windows were open that join to the kitchen. All that she has said of this ill usage, is a contrivance of Hunt's and her's, to make a property of me. Please to let the two letters he sent to my wife be read.

Deborah Stationer , Susannah Godwin , and William Howard , three servants at the Leg-tavern, deposed, that the prisoner and prosecutrix were there on the 5th of October in a room together about five minutes, and not above, and that they in that time did not hear any body cry out, and that they were near enough, and could not be off from hearing, had such a thing been.

The first letter read; the contents to this purport.

Oct. 5, 1754.

'' Madam,

'' This is to inform you what a man Mr. Jones '' is to you, he came yesterday about four o'clock '' in the afternoon, and bought some pewter-pots '' at my house, at the King-Henry's-head; '' I being a prisoner in the Fleet. the business '' being obliged to be carried on by Sarah Robertson , '' I gave orders for the goods to be '' sold; your husband has fallen in love, as he '' says, with her, and can never be easy without '' her, and has promised to put her in a house '' with 150 l. stock, and prevailed upon her to go '' with him to the Leg-tavern, and had writings '' drawn, and five guineas given down, '' on condition she would let him lay with her, '' which was done at the Leg-tavern, and afterwards '' he took her to a lodging, where '' she now is, and if you will come to me at '' No. 13 in the middle-gallery in the Fleet-prison, '' I will send a person with you where '' she now is.

'' John Hunt .''

Directed to Mrs. Jones at the Barley-mow, Chick-lane.

The other letter much to the same purport.

The prisoner called John Cox , Thomas Griffiths , Mr. Moreton, Samuel Glegg, Mr. Legar, Mr. Taylor, Thomas Evans and George Strong , all which gave him the character of an honest and industrious man.

Acquitted .

John Rolf , capitally convicted in the October sessions, received his majesty's freepardon .

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

Received, sentence of death 10.

Joseph Gill , Wr. Wankford, Edward Merril, otherwise Deterant, Joseph Lovel, Thomas Trevis, John Moody , Isaiah Robins , John Armstrong , John, otherwise Thomas Welch, and Sarah Todd .

Sarah Todd pleaded her belly, and a jury of matrons were panelled, and brought in their verdict, not quick with child.

Transported for 14 years 1.

Richard Davis .

Transported for seven years 16.

John, otherwise Henry Brown, Thomas Mills, William Jump , Susannah Williams , John Christopher , John Cashbolt , Edward Dister , James Scarborough , Robert Phipps , James Fairbank, Elizabeth Gist , Elisabeth Cordwell , William Jervis , Catharine Moon , Edward Hughes , and Robert Welch .

To be whipped 3.

William Humphrys , James Noke , and Sarah Chamberline

John Rolf , capitally convicted in the October sessions, received his majesty's freepardon .

Just published, price bound 8 s.

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

By T. GURNEY, Writer of these Proceedings.

N. B. The Book is a sufficient Instructor of itself; but if any Difficulty should arise, the Purchaser, by applying to the Author, at his House in Christ-Church Parish, Surry, may depend upon all proper Assistance, without any farther Expence.

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