Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 April 2014), February 1755 (17550226).

Old Bailey Proceedings, 26th February 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 Wednesday the 26th, Thursday the 27th, Friday the 28th of FEBRUARY; Saturday the 1st; Monday the 3d, and Tuesday the 4th of MARCH.

In the Twenty-eighth Year of His MAJESTY'S Reign. NUMBER III. for the YEAR 1755. Being the Third 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 PROCEEDING 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 Honourable Sir RICHARD ADAMS , Knt. * the Honourable Mr. Justice WILMOTT +; 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.) by what Jury.

London Jury.

Richard Heavysides ,

Gamaliel Gardner ,

Nathaniel Norton ,

Samuel Nesbit ,

Ebenezar Gardner ,

John Poperton ,

Randalph Baileys ,

John Keen ,

Henry Knight ,

William Basson ,

John Brewin ,

John Pricklow .

Middlesex Jury.

John Lowry ,

Richard Hand ,

John Carruthers ,

Christopher Blenkarn ,

Edward Turner ,

Benjamin Lecister ,*

* Lecister being taken ill, Robert Moncure was sworn in his room.

John Goldsmith ,

George Jackson ,

John Fell ,

Humphrey Hughes ,

Thomas Jennings ,

Richard Grant ,

92. (M.) Anne Clark , Spinster , was indicted for stealing seven china tea-cups, value 7 s. a tea-pot, value 10 s. one, china bason, one chinasugar-dish , the goods of John Filks , Jan. 18 . ++.

John Filks . I live in Long-acre , I am a wine-merchant . On the 18th of last month my door happened to be open, the prisoner came up stairs, and there being a hair-cloth on the stairs, we did not hear her. She went through a little parlour into the dining-room; I saw her there, and as she was going down stairs I stopt her. She had seven cups, and seven saucers, a tea-pot, a bason, and sugar-dish, all china, in her apron. I sent for a constable; she was taken before a justice, and committed; I have brought a cup and saucer of them.

Q. Was all the china you found in her lap your china?

Filks. It was; my wife was by, and saw it.

Mrs. Filks. I and Mr. Filks were sitting in a room beyond the dining-room; we heard some china rattle; my husband and I went, and my husband took hold of the prisoner as she was going down stairs, and saw my china taken out of her lap; there was a cup and saucer broke in taking it out

Prisoner's defence.

I leave it to the mercy of the court.

Guilty .

[Transportation. See summary.]

93. (M.) Elizabeth, wife of George Shader , was indicted for stealing one linen sheet, one cotton gown, one linen shift, one pair of stays, one lawn apron, one cloth cloak, one linen apron, and one pair of linen sleeves, the goods of Thomas Luker ; two ells of dowlas , the property of Mary Burtor , Decemb. 10 . ++

The prisoner lodged in the prosecutor's house in Whitechapel ; the goods were in the room where the prisoner lodged, but not let to her with the lodging. The prosecutor and his wife were from home on the 10th of December; at their return they found the door fast, and the prisoner gone; they at last got in, and found the prisoner's room full of smoak, and on opening a drawer found divers linen things on fire, and missed the goods mentioned. The prisoner was taken up, and owned she had taken and pawned them at two pawnbrokers, where they were found. (Produced in court, and deposed to).

Guilty .

[No punishment. See summary.]

94. (M.) George Cotes was indicted for stealing one saw, value 4 s. the property of John Wright , Decemb. 18 .

+ Acquitted .

95. (M.) John Fleck was indicted for stealing ten pair of worsted stockings, value 4 s. the goods of Edward Clemoutson , Feb. 6 .*

Edward Clemoutson. I live in Russel-court ; on the 6th of February, about eight at night, I had been out about five minutes; just coming into my shop, I met with the prisoner there with this bundle of stockings, (producing ten pair) under his arm, my property. I asked him where he was going with that bundle? He said a gentleman gave him three-pence to fetch them. I secured him, and took him before justice Fielding, who committed him; the stockings were in my shop when I went out:

Prisoner's defence.

I had been at Abchurch-lane to see for work; coming back, a man stood near the prosecutor's shop, and said, my lad, will you earn threepence? I said, in doing what? He pointed to that bundle, and said, to take that bundle and follow him. I went in and took it, and the prosecutor said it was his property.

Guilty .

[Transportation. See summary.]

96, 97. (L.) Edward Haines , otherwise Hales , was indicted for stealing one piece of shalloon, containing two hundred and twenty-four yards, value 12 l. two-pieces of bays, containing seventy-four yards, value 3 l. and thirty yards of cloth, called everlasting, value 38 s. the goods of Jeremiah Royds and Co. in their warehouse ; and John Cowley , for receiving the said goods, well knowing them to have been stolen , Jan. 22 . ++

Jeremiah Royds . The prisoner Haines was my porter , and lived in my house. On the 22d of January Mr. Sky in Bucklersbury came and told me, he was informed by Mr. Gee at the Lock-and-key in Smithfield, that I had a servant that robbed me, and that there was a parcel left at his ( Mr. Sky's house the day before, and desired I would go and see it. I went there; he shewed me two shalloons; then Mr. Sky went with me to the Lock-and-key, there we met with Cowley the prisoner; we charged him with receiving shalloons from my servant; he owned he had, and said my porter told him I gave him liberty to sell them, and I allowed him two-pence a yard. I asked him if he had any of the goods by him? He went up stairs, and brought down some bays; I looked at them, but could not swear to them, because the marks were taken off. I then desired to know what he had done with the rest he had of him: he told me he had sold two shalloons, and twenty yards of bays to one Abraham Port in Cloth-fair, and to Thomas Pierce in the same place four shalloons, fifteen yards each; and the next day he confessed to the selling a piece of everlasting, containing thirty yards, value 38 s. for 27 s. As to the other goods, he told me he had sold them sometimes for one price, and sometimes for another. He also said, he sold to James Black , of Black-friars seventeen yards of Bays; and to Charles Carshaw , of Drury-lane twenty yards. I know nothing of the taking of these goods; I know the prisoner could easily get at them.

Q. Did you mention Haines's name to Cowley ?

Royds. I did. (Four pieces of shalloon produced in court). These are all my property; two of them I had at Mr. Sky's, in Bucklersbury; the other four pieces that Pierce bought by Cowley he will not produce, nor tell whould he has disposed of them.

Mr. Sky. My wife and my servant told me that Haines brought these two piece of bay to my house.

Q. Are they here?

Sky. My wife is near her time, and not in a capacity to attend here; and my servant is gone away to her own country.

Prosecutor. I took the prisoner Haines up on the 22d of January, and took him before my Lord-Mayor, there these goods were produced, and I charged him with taking them from us; he acknowledged he had taken them.

Q. Was the warehouse mentioned at that time?

Prosecutor. I can't say whether it was or not.

Q. Did you promise him any favour previous to this?

Prosecutor. I told him, when I took him up, if he would confess every thing, it might be a means of making his case more favourable. He was very obstinate at first; he first confessed two pieces, after that four. I mentioned the bays, and part of them were produced before my Lord-Mayor, (a piece produced in court) this he owned there that he had taken; here is about ten or eleven yards of it.

Q. What is the value of these four pieces of shalloon and this bays?

Prosecutor. The shalloons are worth about six pounds, and the bays about eighteen or nineteen shillings; these are all the goods I could fix upon at that time. (A piece of everlasting produced in court). The prisoner Haines acknowledged the taking of this from me, and said, before I saw it, it was a piece of cross-rib, which it is; but the mark being taken off, I cannot swear to it. Here is thirty yards of it. He owned he had carried it to Cowley, and said Cowley had sold it.

Q. How do you charge Cowley with receiving these goods, knowing them to have been stolen?

Prosecutor. Cowley owned to me he had sold some at little more than half the value; this piece of everlasting I found in his room.

Abraham Fort . I live in Cloth-fair, (he looks at the pieces of shalloon, and takes out two pieces) these were once in my custody, Cowley delivered them to me, I had received a remnant of bays before that; he said he had the shalloon of a customer, a friend of his, but said he did not deal in them. I asked him then how his friend came by them? he said he had them of a brother in Yorkshire, and had but two or three now and then; he asked thirty shillings a-piece for these two, I gave him twenty-six shillings a-piece. I have goods now at home that I bought from Yorkshire at twenty-four shillings, and other goods at twenty-eight as good as these.

Thomas Pierce . I bought one piece of shalloon of Cowley for thirty shillings, and another for twenty-nine shillings, and two other pieces for two pounds fifteen shillings.

Prosecutor. This Pierce refused to give me an account what he had done with the pieces he bought of Cowley. We have some much dearer than these; we have from thirty shillings to four pounds.

Q. to Pierce. Look at this bays; was what you bought of Cowley like these?

Pierce. They were as near the quality to these as I can recollect. I inquired where he had them, he said they were sent him out of the country.

Q. Where are the shalloons you bought of Cowley ?

Pierce. I have disposed of them.

Q. How long ago?

Pierce. I can't be certain how long.

Q. Have you them now in your custody, or any of them?

Pierce. No, I have not.

Q. Can you produce any of them?

Pierce. No, I cannot.

Q. Do you know who can?

Pierce. No, I do not.

Q. Don't you know the person you sold them to?

Pierce. No, I do not; they were sold some to one person, and some to another, cut up.

Q. Can't you give an account of any particular person?

Pierce. No, I cannot.

Prosecutor. Please to ask him whether he sold them white or dy'd?

Pierce to the Question. They were sold in the white cut to pieces.

Prosecutor. There is no such thing as cutting, and wearing this white.

Q. Have you any book to produce to shew who you sold these goods to?

Pierce. No.

Q. Can you tell what you sold them for?

Pierce. I sold them by the yard.

Q. How much per yard?

Pierce. Fourteen-pence.

Prosecutor. I sent for this man to come and give his evidence here, he refused, and said no, I will not, when you shew me black and white I will come, but not before.

William Gee . Cowley was a lodger in my house; one evening he brought a piece of shalloon home, and desired me to look on it, he said he had it of one Haines; he desired I would tell him what it was worth per yard, I said, I could not justly tell, but said it was very slight, and might be worth about a shilling per yard. I have seen Haines twice at my house; I asked him how Haines came by such goods? he said, Haines told him it was given him in exchange for some old cloaths. Some time after that I found Cowley had some bays, which was about a fortnight before he was taken up; I understood that the bays was to be sold for a shilling or fourteen-pence per yard, which he had from Haines, then I told him I would inquire into the thing, fearing it was a bad affair, then he said he should be glad if I would go down to Haines's master; I went to Mr. Sky at the Green-man in Bucklersbury, and acquainted him with it, and desired he would endeavour to find it out, he said Haines lived with a bays-factor. In about an hour after Mr. Royds and Mr. Sky came to my house, there they found Cowley. I remember Cowley told me one day he was going to sell a piece of bays, and the people were going to stop him, and he told Haines of it, and Haines said to him, he could have brought his master and brother to have released him.

Haines's defence.

The first goods I had I found in my master's cellar amongst the straw; I took them into the stable, and then sent them to Cowley, the others I had from one Jennings from Yorkshire, Cowley sold them for me, but he did not know who I had them of.

To their characters.

John Vest . I live in Clerkenwell, I am a shoemaker; the prisoners are both my countrymen, I have known them a great many years, I never heard any ill of them before this.

Mr. Stockall. I have known Cowley two or three years, he is a taylor, he has done work for me, and behaved well and honestly.

John Rooker . I have known Cowley some years, he always had a good character.

Richard Parks . I believe Cowley has as good a character as any man in England, I never heard any thing amiss of him to do him justice.

James Jarret . I have known Cowley upwards of a year, he in that time bore the character of a very honest man.

Haines guilty , Death .

Cowley guilty .

[Transportation. See summary.]

98. (M.) Thomas Gayler was indicted, for that he, together with John Christopher , did steal one brass copper, value 12 s. one bell-metal pot, value 4 s. the goods of Owen Hughes , Jan. 9 ++

Elisabeth Hughes . My husband's name is Owen Hughes , we live at Limehouse; between the 8th and 9th of January I lost the goods mentioned, but know not who took them. I was before the justice with the prisoner and Davis, who was cast last sessions for receiving other stolen goods. (See No. 86, 87) There the prisoner owned he was one that took my things, in company with Christopher and the evidence, we found the copper by the confession of Davis, who told us where he had sold it. (produced in court and deposed to).

John Poplewell . On Wednesday the 8th day of January last, John Christopher , who was cast last sessions. The prisoner and I all agreed to go and break the prosecutor's warehouse open. Christopher knowing the place, got in, and let us in afterwards, he took away the copper, and we the pot, and sold them to Davis, and divided the money amongst us.

The prisoner had nothing to say in his defence, nor called any witness.

Guilty .

[Transportation. See summary.]

99. (M.) William Banks was indicted for stealing two Cheshire cheeses, value 17 s. one wooden firkin filled with butter, containing 56 lb. value 26 s. the goods of Richard Jackson , privately in his shop , Jan. 1 . ++

Richard Jackson . I am a cheesemonger , and live in Goswel-street . I was out on the 1st of January, at the time the goods mentioned were taken out of my shop, between seven and nine o'clock in the evening; about a week after I saw an advertisement of such goods in justice Fielding's paper; I went there, and found one John West was turned evidence, there was also the prisoner; West charged the prisoner as one that stole the goods, the prisoner desired the justice to admit him to be the witness, he denied having any hand in taking them, but owned to other robberies. West gave an account where they disposed of the goods, we went there, the man of the house said it was a woman that lodged in his house who bought them, but we could not find any.

John West. The prisoner and I had been in Moorfields on New-year's-day at night, we went out with an intent to rob, we having no money. I went into the prosecutor's shop, the people were backwards, and took out one Cheshire cheese and a firkin of butter. There was one James Pottle with me, and he went in, and took out another Cheshire cheese. The prisoner was standing at the door at the time, I delivered my cheese to the prisoner, we went and sold them to a woman in Parker's-lane, I don't know her name, for twenty-eight shillings, and shared the money amongst us; the prisoner knew the woman before; Pottle is gone on board a ship.

Prisoner's defence.

The evidence has often told me when we have been at work together, when I lick'd him, he would do for me. I left them coming from Bedlam; and turned upon the right. I know not where they went.

Guilty, 4 s. 10 d.

(M.) He was a second time indicted for stealing twenty seven pair of yarn stockings, value 25 s. the goods of Abraham Tooten , privately in the shop of the said Abraham, Dec. 30 . ++

Abraham Tooten . I live in Tyburn-road, I am a hosier ; on the 30th day of December I lost twenty seven pair of yarn-stockings, value twenty-five shillings and upwards, but know nothing who took them. I was at justice Fielding's, by the direction of an advertisement, there was West the evidence, who said the prisoner, who was there, took them, the prisoner did not deny or own it. West said they had sold them for eight shillings and two-pence to a woman in Parker's-lane. Mr. Fielding granted Mr. Jackson and I a search-warrant; we went, and the woman could not be found; we could not find the stockings.

John West . I, William Banks, and Pottle had been in Tyburn-road between eight and nine o'clock, I can't tell the day, or the month; our agreement was to go and walk about the streets, to see what we could get.

Q. How to get?

West. To rob, A little boy came out of the prosecutor's shop, and the prosecutor shut the door after him, then Banks and Pottle proposed to go in and buy a halfpeny-worth of worsted-Pottle went in, and Banks stood at the door, he desired me to go in, I did, and as Pottle stood before the prosecutor I took the stockings out of the window; I delivered two bundles to and carried the other myself, then Pott) came across the way to us, and Banks delivered one bundle to him; we went and sold them to a woman in Parker's-lane for eight shillings and four-pence, and divided the money amongst us.

Prisoner's defence.

I was sitting at the Royal-oak in High-street drinking, the prisoner and Pottle came by, I said I would stay till they came back, they had nothing in their aprons, but when they came back they had bundles in their aprons, but what they were I don't know. I did not go with them, and know not where they went.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

100. (M.) Mary James , widow , was indicted for stealing one pair of linen sheets, value 4 s. one box-iron, value 2 s. one iron heater, value 6 d. one linen bed-quilt, two rugs, one brass fender, one iron shovel, one pair of tongs, two pillows, one bolster, one linen table-cloth, one linen napkin, one linen curtain, one flat iron, one looking-glass, the goods of Frances Lenard , widow , in a certain lodging-room let by contract , &c. June 25 .

+ Guilty .

[Transportation. See summary.]

101. (M.) Anne Robertson , widow , was indicted for stealing one bed-quilt, value 4 s. one linen sheet, one bolster, one copper tea-kettle, one box-iron, one pewter bason, one pewter plate, the goods of Henry Churne , in a certain lodging-room let by contract , &c. Dec. 11 .*

Guilty .

[Transportation. See summary.]

102. (M.) James Buckley was indicted for stealing twenty pounds weight of bacon, value 10 s. the goods of Thomas Lawrance , Jan. 16 . +

Thomas Lawrance . I live in Hand-court, Holborn; we had a fire next door to me on the 15th of January, we moved our goods, and on the 16th we missed a piece of bacon about twenty pounds weight, worth about ten shillings. I never saw the prisoner till before justice Fielding on that day, there was the bacon; he said a man was to give him a groat to carry the bacon to the Three-tuns, Fetter-lane, ( the bacon produced in court, and deposed to by the string it hung by, and the hole which the prosecutor cut to the gammon end ) after that the prisoner said a gentleman offered him two-pence or a grant to leave it at a constable's house, named Field, in Whetstone's-park by Lincoln's inn-fields, on the back of Holborn.

James Law . I am a watchman; I was going along with two of my neighbours to see the fire about two in the morning, on the Wednesday morning, the first day of last sessions. Just as I came into Whetstone's-park, I met the prisoner with a piece of bacon at his back; I asked him how he came by it? he said his brother gave it him, and he was going to have it fry'd with some eggs. I said, I'll know how you came by it; he said he just came out of Mr. Field's at the Crown in Whetstone's-park, I went back there with him, Mrs. Field said he had been there with it, but she did not know how he came by it. I took him to the watch house, Mr. Field happened to be constable of the night; we found the next day who belonged to the bacon, and the prosecutor came, and the prisoner was committed to New-prison.

Prisoner's defence.

I had been in Shoe-lane, and was going home, and just above Chancery-lane in Holborn, there I tumbled over the bacon. I took it up, and carried it to Mr. Field's the constable to see who owned it, I left it there, and found him at the fire, his wife had told me he was there, I told him I had left a piece of bacon at his house, I did not know whose it was, so I went and took it to carry it home, and just at his door. I met the watchman with the bacon on my back.

Guilty .

[Transportation. See summary.]

103. (M.) John Bruff was indicted, for that he, on the 15th of November , about twelve in the night on the same day, the dwelling-house of William Arlington , did break and enter, and stealing out thence one brass warming-pan, a brass pot and cover, four brass candlesticks, one tea-kettle, one metal bell, two weights belonging to a clock, two pewter plates, two pewter dishes, one five-pint pewter tankard , the goods of the said William.*

William Arlington. I live in Swan-yard, Shoreditch, I have a house at Ponder's-end , where I side in summer-time, which was broke open on the 10th or 11th of November, by a door being taken off the hinges, and the goods mentioned, and a great many more, were taken away; there was nobody lodged in the house at the time. I used to leave my key with Mr. Walker that lives just by; there was a person taken up for stealing some lead, and committed by Justice Tashmaker, he impeached the prisoner, and he was taken up and put into New-prison; I went there to him, and charged him with breaking my house, he at first denied it, but at last he owned he did it in company with Vass.

Q. What were his words?

Arlington. He said, indeed Sir, we did break into your house, I undid the lower hinge of your back-door, and Vass the upper one, and owned to the taking of the things mentioned in the indictment, and more, without my naming them to him; he said they cut the pots and saucepans to pieces, and that they sold the candlesticks to a brasier in Bishopsgate-street; I went there but could not find them; I never got any of the goods again.

Thomas Vass . The prisoner lived at a place called the Two Bridges near Ponder's-end, and I with my father in Enfield. I think it was in September, but I don't know the time. The prisoner asked me to go along with him to the prosecutor's house at Ponder's-end, knowing nobody lived in it then, we went; he broke the lower hinge of the back-door, and I the other, about ten o'clock at night; then we went and looked about, and took away a warming-pan, a five-pint pewter tankard, a brass pot with a lid to it, a copper saucepan with a lid, two brass clock-weights, we carried them to Norton-falgate, and the prisoner sold them to a brasier in his shop, but I don't know his name. I had half the money.

Prisoner's defence.

The evidence came one morning to our house, when I was carrying some dirt into my father's garden, he said he knew of a prize. I said, what? he said it was copper and brass, I asked him where? he would have coaksed me to go with him, but I would not; he said I had robbed a gentleman's garden, and if I would not go along with him he would tell, and I should be hanged; he went and got the brass and things. I went along with him, but I never went into the house.

Guilty of the felony, acquitted of the burglary .

(M.) He was a second time indicted, for that he in a certain field or open place near the king's highway, on Henry Robertson did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 10 s. 8 d. in money, numbered , Nov. 20 .*

The prosecutor deposed he was going to his home at Edmonton on the 20th of November from Enfield, about seven o'clock in the evening, in the middle of Houndsfields , two men started up out of the hedge and pulled him down, and took from him ten shillings and six-pence in silver, and about two or three penyworth of half-pence, but it being dark and he affrighted, could not charge it on the prisoner or evidence.

Thomas Vass deposed he and the prisoner committed this robbery.

The prisoner in his defence said he knew nothing of the matter.

Acquitted .

(M.) He was a third time indicted, for that he on the 16th of June , the dwelling-house of John Cantril did break and enter, and stealing out thence one silver spoon, value 12 s. and two linen bags, with money in them to the amount of 16 shillings . *

The prosecutor deposed to his house being broke open, and losing a silver spoon, two bags with halfpence and farthings, and that he found the handle of the silver spoon in a deep ditch, where Vass had told him they had flung it. (Produced in court, and deposed to.).

Thomas Vass deposed, that he and the prisoner broke into the house, and took the spoon, half-pence, and farthings; that the prisoner, with a pair of shears, cut out a piece in the bowl of the spoon, and made it into the form of a six-pence, and tried to eraze the name from the handle, but could not, so threw it into a deep ditch full of water and mud; that they buried the money in the plowed field, and fetched it as they wanted it to spend; but his evidence being unsupported by any witness of credit, and the prisoner never confessing it, he was acquitted .

[Transportation. See summary.]

104, 105. (L.) Jaques De Blancourt and John Lashershang were indicted for stealing one metal watch, value 3 l. the property of George Baily , in the dwelling-house of the said George, Jan. 24 . +

Martha Baily . I live in St. Dunstan's-court, Fleet-street , and take in washing for gentlemen, my husband's name is George Baily . On the 24th of January last, a quarter before twelve at noon, the two prisoners came up the court; I called out at the window, and asked them what they wanted? I came down stairs, stept to the door, and asked what they would have? I thought they were reading the bill upon the gate, lodgings to let. Lashershang asked if I had a room to let? I said, yes, gentlemen, I have one up two pair of stairs.

Q. In what language did he speak to you? (He having an interpreter in court).

M. Baily. In English. He said, can we look at it? I shut my parlour-door with my left-hand, it is near the foot of the stairs; I thought they both followed me: Lashershang followed me a little way up, about ten or twelve stairs; the other called him, and said, come along. I hearing him below, ran down by Lashershang, and found my room-door open, and the watch gone, which was hanging up in the room when I shut the door. I should not have known the other to be the man, but he owned he was with Lashershang, and Lashershang shewed us him when he was taken, When I missed the watch, I turned to Lashershang, and said; where is your friend ? he has robbed me. I left him in my passage, and ran out; and a neighbour was standing at the end of the court, who said there was a man ran by him; then we looked, but saw nobody running: then I went and took Lashershang by the collar, and took him into the public-house; there was a Frenchman that lodges in the court, I desired him to go and talk to him, for he would not speak English: he threw his cloaths about, to show he had not the watch. I said he had it not, but his companion had. We took him before my Lord-Mayor, and was told he was gone to Guild-hall; we came back, and in the Poultry the little man was taken, but I did not see him taken; they were both taken before my Lord-Mayor, and searched, but De Blancourt had been gone an hour and three-quarter: they found nothing of the watch. My Lord-Mayor talked French to them, and explained it to me; for I did not know what they said: I never found the watch again.

Cross-examination.

Q. Was the parlour-door locked?

M. Baily. No, it was not.

Q. Did Lashershang speak English ?

M. Baily. Yes, he did, and in the Hole-in-the-wall alehouse after that.

Q. Could not you command the prospect of the door when you was on the stairs?

M. Baily. No, I did not look behind me.

Q. Do you think it possible for a person to be got out of fight in that time?

M. Baily. Yes; for when I saw my door open, I turned round, and said to Lashershang, who was on the second stair, or there-abouts, where is your friend? he has robbed me.

Q. Have you not said you had been up stairs for some minutes before?

M. Baily. No, sir.

William Acton . I am a carpenter, and live in Flower-de-luce-court, Fleet-street; the day this watch was lost I was sent for to Mrs. Baily; I came into the Hole-in-the-wall, and saw Lashershang in custody; we took him in a coach to the Mansion-house; going by the Poultry-compter, came by the other prisoner; we were on foot then; this was as we came back from Guild-hall. Lashershang clapt his hand on the other's shoulder, and spoke French to him, and then lifted up his waistcoat, and clapt his hand to his pocket; the little man pushed off directly. There was another man in company with us; I said to him, certainly that is the man that was with him: I pushed after him, and catched him near the Royal-Exchange.

Q. Did you hear Lashershang speak English at the Hole-in-the-wall ?

Acton. No, I did not. I said to the man, when I came to him, your friend wants to speak with you. He said, me go. They desired to be heard in French, and my Lord spoke to them in French, and they both spoke French to him; I could not understand the prisoners; they were both committed. I was before my Lord-Mayor twice after that; they spoke French then; I know nothing that passed there but what my Lord-Mayor told me.

Cross-examination.

Q. Did either of them make any resistance ?

Acton. When a prisoner is in safe hands, he may very well go easy.

Q. What do you mean by pushing away?

Acton. When a man runs away, that is pushing hard, I think.

Lashershang's defence.

I met my companion in Hays's court on the 24th of January; we went together in order to get a new lodging to lodge together; as one did understand the language, we could make shift to get one. In our walk we went to a chymist's, where there was a bill put up; but the lodging did not suit us. We proceeded, and went to where the prosecutrix lives; being there, the woman called to us out at the window, and asked us what we wanted? She came down stairs; I met her about four steps from the bottom, the door being open; I went up after her about half way up the second story, and asked if there were any more? She said, yes. I said it will not do. Then my companion called me down; when I came down I did not see my companion. After she had looked into the parlour she seized me, and went to the end of the alley, to ask if any body had seen the person. She met a man at the last door in the court, and asked him if he had seen a Frenchman go that way? He said, no. I remained with my arms across till her return; and when she came back I went into an alehouse, and was there a quarter of an hour, without knowing what she wanted with me. I said they might search me. They went for a constable, and took me in a coach to my Lord-Mayor. At my coming from my Lord-Mayor my companion came and asked where I had been? and said he had been looking for me. I said I was in the hands of a constable. He said he would go and seek for help for me. As I was going to apply for a friend, I made motion to let the people know that was my companion. They took us to my Lord-Mayor, and searched us, and found nothing but a little money upon us. After having been in prison seven days, my Lord-Mayor let me out to come upon my own recognizance, and now I appear.

De Blancourt's defence.

The reason why I went out of the court first was, because I was not within the house but staid without; being got into Fleet-street, I looked several ways for my companion, but could not see him; at last, when I met with him, I rebuked him for having hid himself. He said he was in the hands of the constable; I told him I would get a friend to help him; upon which I was going, and two men pursued me, and said, master! upon which I stopt, and asked them what they wanted? They said, a Frenchman, a friend of mine, wanted me. I said I was willing to go. Then I went back, and we were carried before my Lord-Mayor, and were examined apart in French and English, and what we said my Lord-Mayor was so kind as to give it them in English.

De Blancourt called Peter Cacoe and his wife, Mr. Brown, Joseph Nichiloe, Charles Delsonce , and Mary Becket , all which gave him the character of a sober honest man.

Both acquitted .

106. (L.) Thomas Talbot was indicted for stealing one pair of breeches made of stuff called thickset, value 5 s. the property of Thomas Worth , Novemb. 16 .

++ Acquitted .

107. (L.) William Ruggles was indicted for stealing one wooden drawer, called a till, value 3 s. and 3 s. in money, numbered , the property of Josiah Shepherd , Feb. 11 . ++

Josiah Shepherd . I am a tallow chandler , and live in Bear-lane, Tower-street ; on the 11th of February, between six and seven in the evening, I was backwards, I heard a rusling in the shop, I went into the shop, and found my till was gone and I saw a boy jump off the threshold of the door I called out, Stop thief! stop thief! I ran to the door, saw a boy run up the lane; I saw the till fall, I took it up, with two shillings in silver, and some halfpence in the till; the prisoner was brought back by John Haystings , and the next day he was taken before my Lord-Mayor, there he confessed he took the till out of my shop.

John Haystings . I was in Tower-street, and the prisoner came up out of Bear-lane, and dropt the till close by me, and he was never out of my sight till he was stopt, and I took him, and brought him back.

Prisoner's defence.

This was not the man that stopt me; I don't know who it was.

Guilty .

[Transportation. See summary.]

108. (L.) John Pointer was indicted for stealing eleven copper nails, value 5 s. two copper key-bolts, value 7 s. the goods of Gilbert Ford , Feb. 18 . ++

The prosecutor is a coppersmith , the prisoner had worked journeywork with him about four months before. He went into his shop to another journeyman , to beg some small beer; he was observed with his hand in the drawer where the copper nails lay. At going out, the journeyman William Williams followed him, and insisted upon seeing what was in his pocket, it appearing more bulky than at coming in; then the prisoner took out eight copper nails; one forged nail was Posed to by the prosecutor and Williams, which was found in the vault, with the key-bolt, after the prisoner had been there to ease himself, while the constable was sent for.

Guilty .

[Transportation. See summary.]

109. (L.) Joseph Tomson was indicted for stealing one wooden butter-firkin, value 3 d. and fifty-six pounds of butter, value 28 s. the property of Carter Deacon and Co. Feb. 1 .

++ Guilty .

[Transportation. See summary.]

110. (M.) John Middleman was indicted for stealing four guineas, the money of James Hogg , in the dwelling-house of the said James, November 30 . +

Catherine Hogg . I have known the prisoner two years: he came to my house on the 30th of November about eleven, and staid till between twelve and one; he came again about three in the afternoon, and went away between five and six. I had eight guineas and two thirty-six-shilling pieces in my bureau in the room where he and I sat, which was locked. I had occasion to go up stairs about three or four o'clock, and left him alone for about fifteen minutes. My keys were all in a bunch together, left in the book-case lock which was over the bureau. When I came down I found him sitting where I left him, and the keys where I had left them. And between nine and ten at night I had occasion to go to my money, and missed four guineas. I had lodgers above, but I could suspect nobody but the prisoner at the bar, having left nobody alone in the room but him, from the time I had seen it to the time I missed it.

Q. When had you seen it last?

C. Hogg. I had taken three half-crowns out that morning when he was there, and it was safe then.

George Hood , Walter Boyd , and Anne Bourne , all lodgers in the prosecutor's house, deposed to seeing the prisoner in that room with the prosecutrix the day the money was missing; and that the prisoner had some little time ago lodged there. On their cross-examination they all said they knew no ill of him.

Acquitted .

111. (L.) Thomas Gardner was indicted for stealing one saddle, value 7 s. the property of Richard Forster , Jan. 31 . +

Richard Forster . I live at the George-inn, Snow-hill; on Friday the 31st of January my ostler took the prisoner and brought him and my saddle into the yard; I know nothing how he came by it, the prisoner said his wife had been lying in at the Lying-in-hospital, and wanted something to support her.

Justinian Londy . On the 31st of January the Monmouth waggon came into the yard with my master's horse returned by it, which he had lent a person, it was tied to the tail of it; the waggon stopped to tie a wheel to come down the yard, it being down-hill, a man told me a person had taken a saddle off a horse, I ran and took him by the four lamps on Snow-hill, with the saddle on his shoulder, he said he had been at Smithfield-market and sold a horse, and was going to carry home the saddle. I took him into the yard, then he said it was necessity that drove him to it. ( The saddle produced in court, and deposed to ).

Prisoner's defence.

I was going up to Smithfield to get business, and saw this saddle lying on the ground, I took it up and put it on my back, and stood there a minute or two, till this man came and owned it, he said he knew it only by the saddle-cloth.

Henry Hayter . I have known the prisoner about four years, I never knew any harm of him.

Guilty .

[Transportation. See summary.]

112. (M.) William Robertson was indicted for stealing one cart, value 8 l. a cart-harness for two horses, value 30 s. and two black geldings, value 13 l. the goods and chattels of William Pickering , Dec. 4 . +

William Pickering . I am a carman , the prisoner had been my servant about fourteen or fifteen days; I sent him to Drury-lane with my cart and two horses to fetch a load of tallow to St. Giles's-pound on the 4th of December; I never saw the prisoner till after I had advertised them; I found them at Godfrey Gilbert 's at Windmill-hill near Bunhill-fields. I ordered him to come home after he had done the jobb. I went, and with a search-warrant got them again; Gilbert said he had bought them of the prisoner.

Q. Was the cart marked?

Pickering. Yes, my name was upon three places, and the number upon it.

Q. Was you acquainted with Godfrey Gilbert ? Pickering. He knew me very well.

Isaac Watson . I found the prosecutor's cart and horses at Godfrey Gilbert 's, the cart was in the yard, and the horses in the stable. I was with the prisoner in Ludgate, he owned he was a rogue, but Godfrey Gilbert was a bigger, for he know the horses and cart were Mr. Pickering's.

Robert Biggs . On the 4th of December I heard Mr. Pickering say to the prisoner, go to Drury-lane and fetch a load of tallow: he went through Bow-yard, Mrs. Pickering said, that is the wrong way. He said it is the right way to where I am going. I went to the prisoner in Ludgate, and I asked him how he could go to sell Mr. Pickering's cart and horses? he said, I own I am a rogue, but Gilbert is a bigger, for once before I sold him a cart and two horses for three guineas and half, and he sold one of the horses for six pounds, and what he did with the cart and other horse he did not know. He said then he had sold these, and he had taken two guineas of the money, if not more; Watson was with us at the same time.

Q. to Watson. What did you hear the prisoner own ?

Watson. I cannot recollect any thing more than I said before; Biggs was there at the time.

Q. Did you hear him say he had any money of Gilbert ?

Watson. He said he had two guineas of him in part for the cart and horses, and that he had sold them to him.

Prisoner's defence.

When I went there the jobb was not ready, and I was arrested and carried away to Ludgate. I had two guineas of Godfrey Gilbert 's.

Guilty of stealing the cart and harness only .

[Transportation. See summary.]

113. (L.) Thomas Martin was indicted for stealing two linen handkerchiefs, value 2 s. 6 d. the property of John Sims , Feb. 10 . ++

John Sims . I live at the Crown and Star, Leaden-hall-street; my brother is a linen-draper; the prisoner came into our shop under a pretence of buying some handkerchiefs; I shewed him some, he said they would not do, and desired to see some more; when I went to take some more down, I saw him going to put some under his coat from off the counter; I tur ned about and looked at him, and he dropped them: I would not shew him any more. Then he wanted to see a piece of check for an apron for his mother; as I was going to take down some to shew him, I saw him put his hand amongst the handkerchiefs and took up this piece, containing two handkerchiefs (producing it) and put it under his waistcoat-flap; then he said he saw there was no check that would do for him, and was going out; I laid hold on him before he got out of the shop. I charged him with the handkerchiefs, he denied them. Upon lifting up his waistcoat I found them upon him; I secured him, and sent for my brother; he was taken before my Lord-Mayor, where he owned the fact, and was committed.

Prisoner's defence.

I never had the handkerchiefs, neither did I own I had them.

Guilty .

[Transportation. See summary.]

114, 115. (M.) Charles Humphrys and John Wilbourn were indicted for stealing twenty gallons of white-wine, value 6 l. the goods of William Newel and Bridget Horton , Feb. 13 . + .

William Newel . I live at the Jerusalem-tavern, Clerkenwell, Mrs. Bridget Horton is my partner; on the 13th day of February, about half an hour after five o'clock in the morning, the watchman called me up; I went to Mr. Harlow's the constable; the prisoner Humphrys was taken before and sent to Bridewell. I went to him about nine, and had him to the tap-house, and called for a bottle of wine, and desired he would tell me the truth, and who was his accomplice: he said, they were John Wilbourn and Francis Pattern , the last is not taken, that he and they took the wine.

Q. How came he to confess it?

Newel. He was taken with some of the wine on his back.

Q. How much wine might you miss?

Newel. I do not swear to as much as I lost.

George Harlow . I am a victualer at the bottom of Clerkenwell-green, I think it was on the 13th of February about half an hour after five o'clock in the morning, I was called up by a watchman, who told me there had been two men at Mr. Newel's vaults; I went with him, and pursued and took the prisoner Humphrys with a cask full of something on his shoulder, about three hundred yards from the vault; I took him to justice Withers, he committed him, and ordered me to take care of the cask, and what was in it, it has been in my custody ever since. ( Produced in court).

Prosecutor. I can't swear to the cask, it has white-wine in it, and the wine in that cellar that was broke open belongs to Mrs. Horton and me.

Robert West Apletree . I am apprentice to Mr. Newel, I take care of these wine-vaults, I believe there is about twenty gallons taken out of a half hogshead; on the twelfth, being the day before the robbery, I and my master was in that vault, I looked over the cellar and examined the vessels to see if they were tight and full, all was right then; the constable called me up the next morning about five, I got up and went down into the vault, I found the lock of the outward door pushed back, and some blood on the lock and the door; the lock was broke off from the inward door; I examined the casks, and there was about twenty gallons missing out of one half-hogshead.

Q. Had that been tapped ?

Apletree. It had not.

Q. How was the wine taken out?

Apletree. The bung had been knocked out, and the wine craned out.

Q. How do you know that?

Apletree. I found the bung was not so tight in as it was the day before.

Q. Are you certain the vessel was full the day before ?

Apletree. I am, my lord.

Q. Had you known any of the prisoners before?

Apletree. I have seen Humphrys before once or twice in the vault when it was repairing; the other I know nothing of.

Q. Do you know any thing of this cask?

Apletree. No, I do not; I suppose they brought it with them.

Thomas Isaac . I am a watchman; going from Mr. Harlow's to call the hour five in the morning on the 13th of February, I met the two prisoners; they crossed over the way from Mr. Newel's vault. Humphrys was first, with this cask on his shoulder; and the other prisoner had a lesser cask on his shoulder, and a pewter cratie (produced in court). I saw the door stand open; I asked them what business they had there ? They said, they were coming again, there was more behind.

Q. What did you understand by that answer ?

Isaac. I do not know whether they meant more wine or more men behind. I went to the vault-door and halloold; but none answered. Then I went directly to Mr. Harlow's, and told him what I suspected, and said I believe they were gone down Mutton-lane. He came, and we overtook Humphry about Ward's-rents; he had the biggest cask on his shoulder, and thi bottle of wine in his pocket ( producing one). We took hold of him; he fain would have had us take the wine, and let him go about his business; but Mr. Harlow said he would not compound felony. We told him to his house, and I went and called Mr. Newel. Milbourn was taken between the hours of six and ten.

Q. to the prosecutor. Look at the bottle, do you know it?

Prosecutor. I know it to be mine, it is marked as I mark all my full quarts with a long J upon the neck of it.

Q. What is in the two casks ?

Prosecutor. It is Mountain; I believe them to be both filled out of the half hogshead of mine.

Isaac. I was gone to bed when Wilbourn was taken, and out of, I believe, a dozen I pitched upon him; I asked what was become of the crane he had on his shoulder? he said he had lost it, his wife was then with him, I threatened to stop her, she went and produced the crane, and said Humphrys ordered her to carry it away. Mr. Newel asked him whose crane it was? Humphrys said it was his, he also owned it had been carried to Wilbourn's house, and into Sharp's-alley.

Humphrys's defence.

I beg mercy of the court.

Wilbourn's defence.

Frank Pattern called me up, and asked me if I would earn a trifle? I went with him to Mr. Humphrys's, and from thence we went into the cellar: he said he was going to draw off some wine for his master, and when the watchman came, he ran away directly.

To Humphrys's character.

William Carter . I have known Humphrys above twenty years, he served his time to a cooper, and has been settled in our neighbourhood. I did work for him as a carpenter, he paid me honestly; I believe his trade did not answer, so he lately worked journey-work.

John Greenwood . I have known him about thirteen or fourteen years; I never heard any thing amiss of him in my life.

Benjamin Smith . I have known him fifteen months; I always took him to be an honest man.

Mr. Brian. I have known him upwards of fifteen years; I never heard any thing but that his character was as good as any man's in England. I had a good deal of reason to know him; he married a clever young woman that I had a value for; he took her away from me.

Mr. Basset. I know very little of him any farther than that he is an honest man; I have known him about three years.

Both guilty .

[Transportation. See summary.]

116. (M.) Dorothy wife of Walter Taylor was indicted for stealing one gown, made of silk and stuff, value 40 s. and twelve yards of calimanco, the goods of George Shootes ; and one silk gown, value 30 s. the property of James Farr , February 15 . ++

George Shootes . I live in the Strand ; on the 15th of February, the prisoner being a journey-woman to my wife, a mantua-maker, she was left in the room alone where the goods mentioned in the indictment were; she went out to dinner, and locked the door, hung the key up, and said she should not stay long; we were then at dinner in another room; this was about one o'clock; about three a young woman came to have a gown tried on, and my wife rang the bell; I was above, I came down, when she told me what she was robbed of: the prisoner did not return.

Q. Did you find any of these things again?

Shootes. We suspected the prisoner, and found her in Westminster about eleven o'clock the next day. She came to my house with me; I asked her what she had done with the two gowns and black calimanco; she said she had sold them in Monmouth-street, and for how much. We went there with her, and found the things. I took her before justice Fielding, there she said she took these things out of her mistress's drawers.

Q. Is she a married woman?

Shootes. She passes for the wife of Walter Taylor .

Mary Shootes . I am wife to the prosecutor. She confirmed the account given by her husband, with this addition, she had left the prisoner alone not quite a quarter of an hour, before she went out, and said she should not stay long at dinner; that she missed the two gowns and piece of calimanco about three, out of a drawer; that she had seen them the night before. (The things produced in court, and deposed to as her's and Farr's-property).

Milbrow Jones, apprentice to the prosecutor's wife, confirmed her account, with this addition, that the prisoner had got the things to finish.

Anne Merridy . I live in Monmouth-street; on Wednesday was a week the prisoner came to my door; I asked her if she had any thing to sell? She said she had. She came in and opened the gowns, and said she was obliged to make up some money, and must part with them, and she chose rather to sell them out and out, rather than to pawn them. She asked me three guineas for them; I bought them of her for two guineas and a half. Mr. Shootes came to me the next day with two women; they wanted to buy some; we shewed them these. Then he went out and fetched a search-warrant, and claimed them. She was taken up, and I knew her again before the justice.

Prisoner's defence.

My mistress was in a great hurry to have the work done, so I took these things home to finish; I had drank a dram, and my head was very light; I went home and drank two more drams, and was not capable of doing any thing; I was not sensible of what I did. I had some money to make up that day; I went and made money of these things; after which the prosecutor agreed, and made it a debt, and took my things in part of payment.

John Tinsley . I am a master horner in Petticoat-lane; the prosecutor told me, at the Baptist-head, in the Old-Baily, he was sorry things were come to this extremity; that it had been made a debt on, and agreed; that she had delivered a pair of stays to him, and I think a capuchin; and that he valued the stays and other things at a guinea and a half; and that Mrs. Fisher had given him a note for a guinea more, and he was fully satisfied; but that by the advice of some other person, he took her up to prosecute her.

A paper produced.

Mary Fisher . This note I gave; it was to pay a guinea, as the remainder of the money.

The note read to this purport:

Feb. 20, 1755.

We jointly and separately promise to Anne Merridy , the sum of two pounds, twelve shillings, and six-pence. on the delivery of a striped lutestring gown, a figured alapine-gown, and twelve yards of calimanco, without further trouble.

Witness our hands, Geo Shootes , Mary Fisher , Dorothy Taylor .

Isaac Sherif . I being an acquaintance of Mrs. Merridy's, she sent for me; I saw the prisoner give the prosecutor a pair of stays, and other things, in order to make up this affair on the 20th of February; I heard also Mrs. Fisher promise to give the prosecutor a guinea on the same account.

To her character.

Susannah Besson . I have known her between three and four years. I am servant to Mr. John Tinsley ; she has been frequently trusted in his house; I never heard any thing amiss of her before this.

Mary Fisher again. I have known her about seven months; she has worked for me, and never wronged me, and I hope this will be a punishment to her for this.

Prosecutor. The prisoner borrowed a guinea and a half of Mr. Thomas Tinsley , the evidence Tinsley's brother, he is her Uncle, and my wife put her hand to the note, to see it paid again, at half a crown a week; and the stays and piece of stuff were left with me as a security for that money, and not at all for the things she had stolen and sold in Monmouth-street the day she was taken up. The prosecutor's wife deposed the same.

The note read to this purport:

Dec. 31, 1754.

We promise to pay to Thomas Tinsley , or order, the sum of one pound, eleven shillings, and six-pence, for value received,

By us, Mary Shootes, Dorothy Taylor.

To be paid at two shillings and six-pence per week.

Guilty .

[Branding. See summary.]

117. (M.) Elizabeth, wife of Thomas Williams was indicted for stealing one silk-gown, value 5 s. one lawn gown, a fustian frock, two quilted petticoats, two damask napkins, two silver spoons, one table-cloth, two petticoats, one neckcloth, three napkins, two check'd aprons, one pillowbear , the goods of Stephen Coleman , Feb. 23 . ++

Anne Coleman . I live in Hounsditch , am wife to Stephen Coleman ; on Sunday the 23d day of this month I went to open my drawers, and, to my great surprise, missed all the goods mentioned in the indictment; I suspected my servant at the bar, I had given her leave to go out that day; when she came home I asked her what she had done with my goods, mentioning some of them; she fell on her knees, and said she knew nothing of any of them, but my gown and quilted coat; she begged forgiveness, and said she would get up in the morning and pawn all the things she had, and would get a friend to lend her some money to get my things again, so I let her lie there that night; she came into my room about seven o'clock in the morning, and said she'd go out, and be back again as soon as possible; I finding that she did not come at 10 o'clock, went to her husband in Barbican, by which means I found her. I took her before the justice, she confessed she had taken them away, and sent them to be pawned by Mary Anderson , to one Dickenson, where I found some of them. (Produced in court and deposed to).

John Smith . Last Monday about nine or ten o'clock the prosecutrix came to my shop in Hounsditch, and said she had been robbed by her servant; we went into Barbican to the prisoner's husband, and told him his wife had robbed the prosecutrix; he said he would go along with us to a pawnbroker's where she used; he went to Mr. Armsted's in Redcross-street, there we found five napkins, a neckcloth and a pillowbear. We met with a person who told us she was set out for Shrewsbury; I went to the book-keeper, and was informed by him that one of the name was in the waggon, I got a house and followed her, and before I came to Upper-holloway overtook the waggon, and took her out, and told her she had robbed Mrs. Coleman; I sent for a constable, and brought her back to London. She confessed to me she had robbed Mrs. Coleman of two petticoats, a silk gown and a shirt.

Mary Anderson . The prisoner at the bar asked me to go and pawn the silk gown, and a white one, and two quilted petticoats, a fustian frock and a white shirt, and said they were all her own, to Mr. Dickenson in Hounsditch. (She looks them out from all the rest.)

Thomas Thorp . I am the constable, I live at the Black-dog at Highgate; I was sent for to Holloway, there Mr. Smith gave me charge of the prisoner. I took her to justice Cross, where she confessed she had stolen from her mistress a silk gown, a lawn gown, some petticoats, a shirt and neckcloth, and where she had pawned them, and to whom, but I, not knowing them, can't remember their names. Mr. Smith was not with me there.

Prisoner's defence.

I told my mistress I would go down to my brother for a little money which I had sent a letter for, I packed up my things and desired her to look at them, but she bid me shew them to my master, and he bid a shop-girl who lives with them, and she did, and then I went to go only to Barnet in the waggon, and Mr. Smith came and took me back again.

Guilty 10 d.

[Transportation. See summary.]

118. (L.) Philip Abraham was indicted for stealing one wooden box, value 2 s. thirteen yards of silk, value 21 s. one woman's gown, eight pounds weight of garden-seeds, one quarter of a pounds of snuff , the goods of Thomas Welling , Jan. 17 . ++

The prosecutor's name was Williams, and not as said in the indictment.

He was acquitted .

119. (L.) Elizabeth Insel , spinster , was indicted for stealing one silk handkerchief, value 10 d. the property of Thomas Shuttleworth , Feb. 12 . ++

Thomas Shuttleworth . On Wednesday the 12th of February I was standing at my own door opposite the Mansion-house, there was a press-gang hawling a man away; I had not been there two minutes before I missed my handkerchief, I seeing the prisoner next to me, took hold of her, and found my handkerchief betwixt her arm and her gown under her cloak, (produced in court and deposed to) I had it, I know, not five minutes before. She confessed the taking it.

Prisoner's defence.

I picked the handkerchief up at a door.

Guilty .

[Transportation. See summary.]

120. (M.) Mary Maddin , spinster , was indicted for stealing one silk gown, value 10 s. one linen sheet, value 2 s. one linen cap, laced, value 12 d. the goods of Jeremiah Lowther , Jan. 26 . ++

Jeremiah Lowther . I live in Purple-lane , the prisoner was servant in the house where I lived; I lost the goods mentioned; she was gone from that service. I went to the Green-dragon, in Gray's-inn-lane; where she lived, searched her box, and found the gown, the sheet I found at a pawnbroker's in Purple-lane, where she said she had pawned it. I took her before justice Fielding, there she owned it.

Mary Semour . About a month ago Mr. Lowther's wife told me she had lost a gown, I went and inquired about it, and we found it at Mr. Butler's in Gray's-inn-lane on the Monday after the prisoner was gone away, there was the prisoner, she owned she had taken the gown, and hoped Mr. Lowther would forgive her.

Prisoner's defence.

I lived with his cousin, he lived there; I once asked his wife for an old gown, she gave me the piece, and I had it made up in a gown; she gave me a sheet also to make me some aprons; she is since dead.

Prosecutor. I am sensible my wife never gave her the gown, she took it away in pieces, and had it made up.

Acquitted .

121. (M.) Catherine Hubbard , spinster , was indicted for stealing one cotton gown, value 12 s. and one check apron, value 2 d. the goods of Catherine Malbourn , Feb. 20 . ++

Catherine Malbourn . I lost the things mentioned on the 20th of February, I was told by Martha Scofield that she had seen them in the possession of the prisoner; I had her taken up; after which she confessed she had taken and sold the gown for 4 s. and begged I would forgive her.

Martha Scofield . I saw the prisoner with the prosecutrix's gown under her arm last Thursday was week, I knew it well before, and when she was secured she owned to the taking it. I had seen it hanging upon a line a little before.

Another woman confirmed the evidence of the other two, as to her confessing she took and sold the gown.

Prisoner's defence.

I never saw this gown, and as to my confession I was in liquor, and what she said it is likely I might have said, be it what they pleased to say.

Guilty .

[Transportation. See summary.]

122. (M.) John Gilman was indicted for stealing one cloth coat, value 5 s. the property of Jonathan Rogerson , Feb. 17 . ++

The prosecutor's wife saw a man come out of her shop, Feb. 17, about three o'clock in the afternoon, she went in and found her husband's coat was gone, she told Mr. Norman, her next door neighbour, of the person, who went after the prisoner and took him with a great coat, brought him back. (Produced in court's, and deposed to).

Guilty .

[Transportation. See summary.]

123, 124. (M.) Henry Marchant and William Myers were indicted, for that they on the 25th of January , about the hour of twelve in the night of the same day, the dwelling-house of John Price did break and enter, and stealing out thence three linen sheets, value 4 s. one fustian frock, value 3 s. the goods of the said John, and one pair of leather breeches, one fustian frock, one linen shirt, and one pair of thread stockings , the goods of Robert Evans .

John Price . I have a shop in Clare-market, but I live in St. Giles's ; on the 25th day of January my maid going to put the child to bed, betwixt eleven and twelve o'clock at night, came down stairs and told me she heard a rumbling; she went up a little higher and saw somebody under a bed in the garret where my men laid; I went up stairs as fast as I could, and my man with me, I saw nobody under the bed, but looking up at the trap-door that goes up to the top of the house, it was open, and I found a bundle of cloaths upon the mens bed; I got out on the top of the houses thro' the trap-door, and at some distance about the value of two or three houses, I could see somebody, I believe, two or three men: the houses join together. I went as fast as I could over the houses after them, and when I got within one house of them I heard murder cried before me, it seemed to come from a place where they dry cloaths upon some leads; I went as fast as I could over the other house, then I saw two women in their shifts on the leads, screaming out, and desired I would come to them as soon as I could, for there were some thieves broke into their house; I desired them to stand on one side, and I jumped down to them, and bid them not be afraid, and said I would go search for them, for they had robbed my house, and I was in search of them. I went and found one of the doors open, I apprehended they were gone thro' that, but I could not find them. On the morrow, about one or two o'clock at noon, Edward Evans , an evidence here, was taken about three houses from that house I pursued them to, in a garret or cock-loft, he was put in the round-house; I went there to him, and asked him how he could do such a thing as to break into my house and rob me? he denied it. I went home, and in about a, quarter of an hour I came again, then he told me that he was at the top of the house and saw me, that betwixt eleven and twelve he and the two prisoners broke into my house; as soon as they entered the door, Marchant drew a knife, and swore he would stab the first that met them; they took the three sheets in the one pair of stairs, and went up into the garrets, there they thought to begin at the top, and strip the house to the bottom, and my wife was ready to lie-in in the two pair of stairs, and that the two prisoners were for strangling her.

Q. How came they to know of her being there?

Price. They heard she was then in labour, and had two women with her; then the evidence said, no, no, she has been a good mistress to me.

Q. Had he lived with you?

Price. He had, about two months, some time before; the woman going up disturbed them, so they got out at the trap-door, and made out with the three sheets, they went one way and he another, and he lay betwixt some chimnies all night; then he told me where they were to be found. We went, and carried them before justice Bedwell. Myers owned there he had been along with the other two, and coming down Drury-lane he tried to get in at some houses, but coming to my house he did not go in. Marchant said much the same, he owned he was at my house with Evans, they both said they were not in, and they also said they took nothing away, upon their being charged with the three sheets.

Edward Evans . I am sixteen years of age; I have known the two prisoners about three months, their master, Mr. Preston in Brown's-gardens, St. Giles's, is a dust-man, and hires them to go about to take other peoples properties from them. I went to the King's head at the Seven-dials on Saturday the 25th of January, about nine o'clock in the evening, called for a pint of hot there, and saw the two prisoners sitting; they asked me if I would go out a thieving with them?

Q. Were you by yourselves?

Evans. Yes, we were in a box by ourselves, they asked me privately, there were two or three other people in the house. I said I would; we went out to rob the first house we could, by breaking it open; we went down St. Martin's-lane, but found no house convenient till we got to Mr. Price's, I had lived servant there, when we got there it was about eleven o'clock. Myers lifted up the latch, and found the door fast, it has a spring-lock to it; they both put their backs to the door, and it flew open. We heard a rumbling up stairs, what it was we could not tell; then Myers drew his knife in the entry, and swore he would kill the first person that offered to make any resistance.

Q. Are you sure it was Myers ?

Price. Yes, I am sure it was Myers; then we went and took three sheets in a flat, such as they bring butter in; they were in the entry; then we went up stairs, and I left them in the one pair of stairs, and went up into the garret. Mrs. Price was very bad up two pair of stairs; I bundled up a pair of breeches and a shirt, two frocks, and a pair of stockings.

Q. Did you hear any thing said relating to her?

Evans. No, when the woman came up stairs with a little girl, I crept under the bed, and the two prisoners ran out on the tiles at the trap-door. I heard the maid go down, then I crept from under the bed, and went out on the tiles. The two prisoners jumped down on a little sort of a lead, and I saw a door open. Mr. Price came before I could have time to jump down. Mr. Price was near me, and I saw two women come out and cry murder. Mr. Price left off looking any more after us. We had bundled up a pair of leather breeches, and a shirt; but did not take them away.

Q. Did you see a fustian frock taken away?

Evans. No, I did not.

Prosecutor. I lost one, but cannot be sure it was that night. I observed the lock to the outer door was forced the next morning; it was a spring lock.

Q. Was not there mention made of killing Mrs. Price?

Evans. No, not as I heard. When Myers talked of killing the first person, I said, may-be my mistress may come down first; she has been a very good mistress to me; don't go to do any murder.

Robert Evans . I live with Mr. Price; when our maid heard a noise in the garret, she sent another person for me to come up; I went up, and met the maid coming down; she said, make haste up, there is somebody under your bed. I looked under the bed, and could find nobody at all. Some of the things bundled up were mine.

Marchant's defence.

I never was in company with the evidence in my life.

Myers's defence.

I never saw him but once, and that was in Tothil-fields bridewell.

Archibald Brown . Marchant is servant to Mr. Preston, a dust-man, near me. I have known him about seven or eight months; his character is very good.

John Preston . Marchant has been a servant to me off and on betwixt five and six years; he has been constant this last twelve-months; he was always an honest man. I have trusted him where there has been things of value in gentlefolk's houses; I never heard any complaint of him.

- Smith. I have known Marchant five or six months; the man bears a very good character.

John Cotton . I have known Marchant between five and six years; I always looked upon him to be an honest man; he has worked with me many a time.

Preston. Marchant went to bed at a quarter after eleven that Saturday-night, and I locked the door, and took the key up to bed with me.

Court. How came it you did not say this in your evidence before?

Preston. Because the prisoner did not call upon me to mention it.

Both acquitted .

(M.) William Myers was a second time indicted for stealing one cloth coat, value 2 s. the property of Daniel Huff , Jan. 21 . ++

Daniel Huff . I keep a chandler's shop in Litchfield-street, St. Anne's Soho ; I missed a great coat on the 26th of January, taken out of my shop; but I know not who took it. (Produced in court, and deposed to). I found it at a pawnbroker's in Bloomsbury on the 28th. I never saw the prisoner till here at the bar.

Q. Is the pawnbroker here?

Huff. No; her name is Pain, a widow; I did not know I was to bring her.

Edward Evans . The prisoner and I were coming by the prosecutor's shop on the 21st of January; he said there is a great-coat; he put his hand over, and unbolted the shop-door, and went in and took it; it was lying on a sand-bin.

Q. What time of the night was this?

Evans. It was about eight at night; he went in to a pawnbroker's, and asked half a guinea; they would not let him have above three half-crowns, as he said, so he came out. He met with James Weeden , that is here to be tried; he gave it him to go and pawn it in Bow-street, Bloomsbury, with Mrs. Pain; he went in and got eight shillings upon it; but came and told us he had only got a crown upon it; he gave the prisoner two shillings, and me one shilling and six-pence, and kept the rest himself; but since he has told me he got eight shillings.

Prisoner's defence.

Evans stole the coat, Weeden pawned it.

Acquitted .

125. (M.) James Weeden was indicted for stealing three cheeses, value 9 s. the property of Charles Bentley , Feb. 10 . +

Susannah Bentley . My husband is a cheesemonger ; we live in Leather-lane, Holborn. On the 10th of this month I was in the shop, and thought I saw three Gloucostershire cheeses move which were in the window; but did not see any body lay hold of them. Edward Griffiths ran out, and brought in the prisoner, and three cheeses, my property. (produced in court).

Edward Griffiths . On the 10th of February, Mrs. Bentley seeing the cheeses move upon her bulk, I being with her, went out, and at the corner of Leather-lane I saw the prisoner standing with a bundle; I asked him what he had got there? He said, what is that to you? I insisted on seeing what he had, and feeling under his arm, found they were cheeses. I brought him into Mrs. Bently's shop, and he laid them on the compter, and said he found him leaning against a house side at the corner of Leather-lane. He was taken before justice Fielding, and committed.

James Curtice . On the 10th of February last I was coming down Holborn, and saw the prisoner in custody of the last evidence. I went with them to the prosecutor's shop, there he partly owned he took them from thence, after that he prevaricated, and said he found them.

Prisoner's defence.

I was coming down Holborn; there stood three cheeses on an edge; I went and took them up, and this man came and laid hold of me.

Guilty .

[Transportation. See summary.]

See him an evidence, No. 456, in alderman Rawlinson's mayoralty.

126 (M.) Anne Hasty was indicted for stealing one velvet cushion, belonging to a sedan chair, value 2 s. the property of Thomas Croft , January 24 . ++

Thomas Croft . I am a chairman , I bought a new chair last Michaelmas, and let it to John Pike ; the cushion here produced belongs to it, and is my property.

John Pike . I rent this cushion of Croft; the 24th of January, a little before seven o'clock, I left the chair in Arlington-street upon my stand, and went to carry a lady out in her own chair. When I came back, in about two hours and a half, I found the door of my chair open (I had shut it when I left it) the cushion was gone. The Sunday following, a constable that is here, came to me, and asked me if I had lost any thing? I described the cushion I had lost. The prisoner was in St. Margaret's round-house; I went, and he took the prisoner to his house; there he said it was her cushion, and a gentleman's servant gave it her. We took her before justice Ledia rd, where she kept in the same story.

Anne Fargison . The prisoner asked me to buy some old cloaths on the 25th of January in Dean's-yard. I went with her to the pawnbroker's, she asked for the things she brought the night before; then this cushion, and the calimanco cover to it, were produced. I would not have it, but before it was produced, I, as is usual in buying things at pawnbrokers, laid down two shillings and a penny; she took up the two shillings, and the pawnbroker the penny; when I saw what it was, I would not have it, but they would not deliver my money back again. I went home, and told my mistress of it. She ordered me to go and fetch the cushion. I went to the pawnbroker the next day, and asked for it; he made me give two shillings and a penny more, and delivered it to me. Then I carried it to Mr. Mantor the constable, and went and brought the prisoner there; but she thought that she was going to have some beer, as it was a public-house. Then they asked her if she knew the cushion? She said, yes; and said it was her property. Then she was taken before the justice, and said that it was her own, and was from thence committed to the Gatehouse.

Mary Mantor . On the 25th of January, the last evidence came to me; she told me the same she has said now. I asked her how she could meddle with this thing, knowing the prisoner had been tried for a crime of the same kind. I said, can you get it? She said she could if she had two shillings. I gave her two shillings. She went in church-time on the Sunday to fetch it (the pawnbroker's name is Richard Cleaveland , who has absconded, he lived at the corner of College-court, Dean's-yard.) I went to justice Lediard's, and asked his advice about it, he ordered me to get the prisoner. So I sent the girl for her; she came, and I asked her if it was her's? She said it was her own, and that she had it of a strange man like a gentleman's servant. Mr. Mantor went out to see among the chairmen who had lost such a thing, he brought in the prosecutor, who described it in every particular, then I shewed it him.

Samuel Mantor , the constable, confirmed the evidence of the other witnesses.

Prisoner's defence.

On the 23d of January, at the Coach-and-horses in St. James's-street, there was a gentleman's servant, he asked me to go and pawn this thing, I took him with me to the pawnbroker, and he staid at the door till I came out.

Guilty .

[Transportation. See summary.]

127. (M.) Moses Booth was indicted for stealing one saddle, value 2 s. the property of John Higginson , Jan. 25 . ++

John Higginson . I live in Clare-market ; on the 25th of January I lost a saddle out of my stable.

Q. When had you seen it before?

Higginson. Not since the Thursday before the prisoner was taken up, on the confession of Evans; I was sent before the justice, there they both were, the prisoner would not own any thing of the matter; the people that bought the saddle advertised it. I went there, the man's name is Lewis, he lives in Castle-street by the Seven-dials, he shewed me the saddle, but said, unless I would pay for advertising, and two shillings which he gave for it, he would not let me have it.

Q. Is he here?

Higginson. No, I have not subpaened him. I know nothing of the prisoner; the boy confessed he sold the saddle to that man.

Edward Evans . The prisoner at the bar and I were drinking together at the Fox-and-goose, Drury-lane, the same night the other robbery was committed on the 25th of January; he said all his money was gone, and asked me to go out with him to get some money.

Q. What time of the night was this?

Evans. A little after six o'clock we went to pick up what we could, and went to Mr. Higginson's in Bear-yard, Clare-market, the door was fastened with a nail in a hasp, we undid it, and the saddle was hanging up. Booth took it, and said he knew a man near the Seven-dials, named Morgan, that bought stolen things, we went both there; the prisoner went in, and I heard him ask Morgan's wife whether they would buy the saddle? I staid at the door, she said her husband was ill, and desired him to leave it; then he desired her to lend him 2 s. upon it till the Monday, which she did.

Q. What time of the night was this?

Evans. This was before seven o'clock.

Prisoner's defence.

I never saw the witness Evans above once or twice in my life, and I never changed twenty words with him.

Paul Birkington . I have known the prisoner eight years, he always bore the best of characters. I have seen him as a labouring man about, he once was a watchman in our parish; I have heard he is a Chairmaker.

Q. Where is his habitation?

Birkington. I can't say that.

Acquitted .

128. (M.) Thomas King was indicted for stealing one silver tankard, value 4 l. the property of Mary Smith , widow , in the dwelling-house of the said Mary, Dec. 9 . ++

Mary Smith . I keep a public-house in the Old-artillery-ground; on the 9th of December I lost a silver tankard out of my house, between five and six in the evening.

Q. Did you ever see the prisoner at your house?

M. Smith. No, not to my knowledge; the tankard was brought to my house by Mr. Foot on the 12th of December.

Richard Foot . I am a pawnbroker; I had this tankard from the prisoner at the bar about seven in the evening on the 9th of December.

Q. to prosecutrix. Can you recollect the last hour you saw that tankard?

Prosecutrix. I saw it about five o'clock in the evening, some gentlemen whom I very well know were drinking out of it.

Foot. I asked the prisoner a great many questions, he said he lodged with Mr. Finsham a peruke-maker in the neighbourhood, and said he was a taylor, and wanted a little money, to buy some cloth to make a surtout coat, and that I need not be afraid of losing my money, for Mr. Bundock, a Hair-merchant at the next door, and all the gentlemen in the street, that is, King-street, Tower-hill, knew him very well, and said he wanted only two guineas: when I was going to lend it him, he desired half a guinea more, and said that would buy trimmings. On the Thursday it was advertised, I went to Mr. Finsham to know if he had a taylor lodged there? he said he had, I saw him, he is much about the size of the prisoner, but different in his cloaths. Mr. Finsham asked me what was the matter ? I told him a silver tankard had been stolen, and pawned by the name of Thomas King , he said he knew such a person very well, and he was lately come out of Oxfordshire; I desired him to keep it a secret; then I carried the tankard to Mrs. Smith, and desired her to say nothing about its being brought home, and on the 20th of January the prisoner came to Mr. Finsham's door. Mr. Finsham sent for me to him to a public-house, and asked me if I knew Thomas King ? I said, yes; he once pawned a silver tankard with me for two guineas, and he said it was very right, and he wanted one guinea more. I privately sent for a constable, and, in the mean time, I asked him several questions, one was, how long he had had the tankard? he said, some years, but it had been in his family forty years, and pretended to know what it cost; then when the constable came and was charged with him, he said he wished somebody would shoot him through his heart, and hoped others would have better ways of thinking than he had; the next morning I went to the prosecutrix, and we took him before Sir Samuel Gore ; he there said, a person that came out of Oxfordshire met him in the street with it, and desired him to pawn it, which he did, and had half a guinea for so doing. I asked him if it was not his own, how he came to want another guinea upon it, and why he personated a taylor at Mr. Finsham's ? he said the person ordered him to do so.

Q. What is the value of the tankard?

Foot. It is worth four pounds and more.

Prisoner. I beg mercy of the court.

Guilty , Death .

129. (L.) John Burton was indicted for that he on the 23d day of December, about the hour of one in the night of the same day, the dwelling-house of John Hall did break and enter, and one lid to a silver tankard, value 30 s. one silver spoon, one silk handkerchief, and 2 s. 6 d. in money; numbered, the property of Elizabeth Bullis , spinster , one silk handkerchief, four yards of linen cloth , the property of Robert Chaddock , did steal in the dwelling-house of the said John Hall. ++

John Hall. I keep the Oxford-arms-inn in Warwick-lane ; on the 23d of December we fastened the door a little before twelve at night; I got up the next morning about half an hour after three, and found the outward doors (they were a pair of folding-doors) broke open, and two locks broke to two drawers we used to lock up money in; we missed the lid of a silver tankard, it was broke off near the joint, and the body of the tankard left behind; we missed also a silver spoon, two silk handkerchiefs, and about four yards of linen cloth, and about five or six shillings in money, all which things were under lock, and key when we went to bed, the two handkerchiefs belonged to two different persons, one handkerchief and the lid of the tankard and money belonged to Elizabeth Bullis , the other handkerchief and linen belonged to Robert Chaddock .

Q. Why do you charge the prisoner?

Hall. I was accusing an innocent person, and the prisoner was by about four or five in that afternoon, and I observed the prisoner's countenance to change, so I suspected him; and on the 26th of December, I saw an advertisement in the paper, of a lid of a silver tankard offered to be sold at Mr. Stevens's, a goldsmith, at the without Bishopsgate. I went there with the body of the tankard, and saw the lid was the same that was taken off. I desired him to describe the man who brought it; he described the prisoner both in person and cloaths. I went and found him at the Golden-key alehouse in Cock-lane, Spitalfields, the same night; the next morning I took him before my Lord-Mayor, with the lid of the tankard, and the four yards of linen cloth, he having before that told me where he had sold that. There I accused him of the robbery; he acknowledged every thing, and said he had nobody with him in the doing it. He said he broke the door with a ripping chissel, and that he tried at the other door, but could not get it open, where we found the wood broke by wrenching it. He also said he was in the house with a lighted candle an hour and half; that he broke open the drawers where the goods were, and that he had disposed of the large silver spoon at Mr. Lloyd's, a little on the other side Mr. Stevens's in Bishopsgate-street; and the four yards of cloth to Mrs. Goldfinch, near the Cock, where I took him; the handkerchiefs I did not search after.

The Second Part of these 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 Wednesday the 26th, Thursday the 27th, Friday the 28th of FEBRUARY; Saturday the 1st, Monday the 3d, and Tuesday the 4th of MARCH.

In the Twenty-eighth Year of His MAJESTY's Reign. NUMBER III. PART. II. for the YEAR 1755. Being the Third 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. HOW long had you known him before?

Hall. He had been out of business and helped my servants a little lately, I never knew him before.

Nathaniel Stevens . I keep a goldsmith's shop at the Dial by Hand-alley, without Bishopsgate; the prisoner came to my shop about noon on the 24th of December with this lid of a tankard to sell, I asked him how he came by it; he told me he found it among some ashes; he perceiving I had a strong suspicion of him, ran away; upon this I advertised it, and Mr. Hall came and owned it.

Elizabeth Goldfinch . I bought four yards of linen cloth of the prisoner at the bar, (produced in court) this is it.

Q. What did you give for it?

E. Goldfinch. I gave six shillings and six-pence for it.

Hall. This linen is the property of Robert Chaddock .

Q. What is it worth?

Hall. It is worth about seventeen shillings and six-pence.

E. Goldfinch. I am a silk-winder, and am no judge of the value of linen.

Elisabeth Bullis . I live with Mr. Hall; this tankard and lid produced here are mine.

Q. to Hall. Did you get the spoon?

Hall. Lloyd said he did not buy it.

Court to Bullis. Look at that cloth.

E. Bullis. This Irish cloth is the property of Robert Chaddock , it is a shirt cut out; I had it to make, and had made part of it.

Prisoner's defence.

The shirt and lid of the tankard were given to me by a man that was going to market.

Guilty , Death .

130. (M.) Anne Robertson , spinster , was indicted for stealing eight china tea-cups, value 1 s. 6 d. eight china saucers, value 1 s. 6 d. one mahogony tea-board, value 2 s. the goods of John Holmes , Feb. 12 . ++

John Holmes . I am a broker in Brick-lane, Spittal-fields; I can only say these things mentioned in the indictment are mine, (produced in court) I was not at home when they were taken.

Elisabeth Holmes . I am wife to the prosecutor; the prisoner came into our shop on the 12th of February, she took up a cup, I thought she was going to buy it, she took them all up and went out. I followed her and brought her back with the things under her cloak; she was taken before the justice and committed.

Prisoner's defence.

I was not sensible of any thing about it, I have been out of my senses almost eighteen months.

Guilty .

[Transportation. See summary.]

131. (M.) John Rickets was indicted for stealing eighty pounds weight of lead, value 5 s. the property of Sir Matth.ew Fetherstone , Baronet , Feb. 25 . ++

The prisoner had been employed as a labourer at Sir Matthew Fetherstone 's house near the Horse-guards; he was detected in offering lead to sell, he confessed he took it away from the place where he was employed.

Guilty .

[Transportation. See summary.]

132. (L.) Francis Unwin was indicted for stealing one wicker basket, value 3 s. three linen butter-cloths, value 6 s. the goods of Edward Cornwallis , Esq ; Feb. 25 . ++

James Dredge. I am book-keeper at the King's-arms, Holborn-bridge; I saw the prisoner at the bar jump up at the tail of a cart, and take a basket out this day se'nnight in the evening.

Q. Where was the cart going?

Dredge. It was coming into the yard, (the basket produced) this is the basket. I was before the alderman when the prisoner was there, the prisoner said he picked it up.

Cross-examination.

Q. How near was you to the cart ?

Dredge. I was within five yards of it.

Q. When did you secure the prisoner?

Dredge. Directly, with the basket in his hand.

Q. How do you know this is the basket?

Dredge. I took particular notice of it.

Q. Did you see the prisoner any time in the yard before?

Dredge. I never saw him in my life before.

William Jacket . I live with Mr. John Farrow on Snow-hill; Mr. Dredge and I were coming out at the King's-arms together, I saw Mr. Dredge seize the prisoner with the basket in his hand; I did not see the prisoner take it. I took the basket, and was with him when the prisoner was secured; Mr. Dredge taxed him with taking it out of the cart, and with a great many oaths and imprecations declared it was his own. I did not look to see what was in it.

John Griffin . I know this basket was in my cart, I bought it for Col. Cornwallis about three weeks ago at Barnet; I was just turning to go into the yard, when the prisoner and the first witness were quarrelling about the basket; the cloaths are also the colonel's; I said to them, that was my cart: the prisoner was secured.

Cross-examination.

Q. Do you know colonel Conwallis's christian name?

Griffin. It is Edward.

Prisoner's defence.

I was going through the King's-arms-inn-yard, I can't say I did rightly see the cart at first, there lay this basket; a person came up, and said, is that your property? and said, you took it out of the cart. I said I did not, and if it belonged to it throw it in. He said he had been a great sufferer in this sort, and he would send me abroad for it. It was so dark, that it was impossible for any body to have seen me, had I taken it out of the cart.

James Dredge . It was about half an hour after seven in the evening, and we have three lamps at the place.

To his character.

William Calloway . I have known the prisoner ten-years, he was an apprentice to a butcher in Leaden-hall; he went to sea after that; I never heard any thing but that he was an honest young fellow.

William Fosset . I have known him about fifteen or sixteen years, I knew him an apprentice, I have not been in company with him since he come home from sea, but have seen him several times; I never heard any thing ill of him.

William Haines . I have known him ten or eleven years; I never heard a bad character of him.

Thomas Smart . I have known him above twenty years; I never heard he was guilty of wronging any body.

John Howard . I am a butcher, I have known him upwards of twelve years, he served his time with me, I never had so good an apprentice in my life; he went, after his time was out, a butcher on board a ship in the East-India company's service.

Acquitted .

133. (L.) Joseph Dew was indicted for stealing one silk handkerchief, value 3 d. the property of Andrew Walker , Jan. 25 . ++

Andrew Walker . On the 25th of January , about three in the afternoon, I felt a pressure at my pocket, I put my hand in, and found my handkerchief gone. The prisoner was close to me, I applied to him for it, knowing I had it two or three minutes before. He denied having it; I put him into Mr. House's shop, a shoemaker near, and found it under his loose coat, (produced in court, and deposed to). He said then that he found it in the street; but it was a rainy dirty day, and it did not appear to have been on the ground.

Prisoner's defence.

I was going along Cheapside, and picked up this handkerchief, the gentleman put his hand to his pocket, and I suppose missed his handkerchief; he asked me if I had it? I said, not as I know of. He took me into a shop, and I produced the handkerchief I found.

He called James Wilkinson , Hannah Twisdel , John Ode , Dimock Shields, and John Post ; the first had known him two years, the second four, the third five, the fourth three, and the last thirteen years, who gave him a good character.

Guilty .

[Transportation. See summary.]

134. (M.) Richard Burkamshire was indicted for stealing one hat, value 6 d. one cloth cloak, value 2 s. one stuff waistcoat, value 2 s. one pair of buckskin breeches, value 7 s. the property of Richard Bird ; two hats, one pair of velvet breeches , the property of William Bruce , December 23 . ++

Richard Bird . I live with Mr. Barrington, in Red-lion-street; I went out of town with the family last May, and came to town again on the 22d of December; the things mentioned in the indictment were left in the care of William Bagnal . We told him the things were missing; he said the prisoner had laid them in that room; we took him up on the 24th, we had him before the justice, where he confessed, in my hearing, he had taken the things mentioned out of the room, and pawned them at three separate places; he could not tell the persons names, but he went and shewed us them, that is, my fellow servant and the constable; we found, I think, my coat at a pawnbroker's the corner of Featherstone-buildings; William Bruce , my fellow-servant, at another pawnbroker's in Leather-lane, found either my coat or breeches, I think the latter; and the other was found at another pawnbroker's, I can't tell where he lives; and my hat the prisoner had on his head when taken up, and my waistcoat we found in his lodgings.

William Bruce . I am servant to Mr. Barrington. He confirmed the evidence of Richard Bird.

William Bagual . I am a chairman; I knowing the prisoner when he lived with my lady St. John, and he wanting a lodging, I let him lie with me; the goods mentioned were in the same room at the time; I knew nobody could come at them but me and the prisoner; I suspected him, we took him up, and he confessed he took them away.

The prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

135. (M.) William Burk was indicted for that he on the king's high-way, on John Manby , Esq ; did make an assault, putting him in corporal fear and danger of his life, and taking from his person one topaz ring, set with two brilliant diamonds, value 42 s, and two other gold rings, one guinea, and 2 s. 6 d. in money, numbered , his property, Decemb. 28 .

To which he pleaded guilty .

See Gill, an accomplice with him, No. 58. in the last paper.

[Death. See summary.]

136. (M.) was indicted for stealing two hundred pounds weight of tobacco, value 5 l. the goods of John and Caple Hanbury , in a certain lighter lying on the river Thames , Dec. 11 . *

John Griffin. I have the care of Mess. John and Caple Hanbury's tobacco; I was present when fifty hogsheads of tobacco were put on board a lighter, three or four days before the 11th of December, at Gally-key; it lay down at Union stairs, just beyond the hermitage on the Middlesex side. I saw every thing safe, and covered it with a tarpaulin, on the 11th, about four in the afternoon. The next morning I heard there was some tobacco missing, and that the custom-house people had taken two men and some tobacco. I went and saw the tobacco, it weighed two hundred pounds and a half. (He produced two hands of tobacco.) One I took out of a hogshead that was opened and had some stole from, and the other is of that the officers had taken; I can swear to them to be of one hogshead. I have had to do with tobacco for thirty years, and I know these to be Mess. Hanbury's tobacco, as well as I know my two gloves to be fellows. There was one hogshead opened, and better than a third part of the tobacco gone. On the 13th I had been to see the man that impeached the prisoner in the Compter. After that I went to the prisoner, and told him what the other, named Hedges, had said; that is, that the prisoner and one Tolly were with him in the affair. He said that he was in the boat, and Hedges handed it to him out of the lighter, and said he would get Tolly if he could.

John Hedges . I am a seafaring man, the prisoner and I have sometimes rigged and sometimes discharged ships together. On the 11th of December he and I went down to Deptford, to meet a ship to bring her up. I went home to Marigold-street on the other side the water, after we had done, and being wet, went to bed; as I was getting into bed, John Tolly sent for me; I went to him; he told me he had bought some tobacco of a seafaring man on board a ship; and asked me if I would lend him a hand to bring it on shore. We went down to Cherry-garden-stairs, where lay the prisoner's boat; we got in her, and went to Union-stairs, there lay this lighter with tobacco; this was between eight and nine in the evening; we saw nobody stirring.

Q. Did you see the tobacco?

Hedges. It was covered with a tarpaulin; Tolly went into her, and took some tobacco out, and handed it to the prisoner, who stood upon the lighter's gunnel, and he handed it to me into the boat.

Q. Did you see Tolly take it out of the hogshead ?

Hedges. No, I did not.

Q. What sort of tobacco was it?

Hedges. It was dark, I cannot tell what sort it was; we were going on shore with it, and in the middle of the river two Custom-house officers came soul of us, and took me, and brought me to the Poultry-compter; Tolly jump'd over-board, and the prisoner got in a boat with a pair of oars, that came along-side of us.

Q. Who belonged to that oars boat?

Hedges. I can't tell who they were; I believe the prisoner had not been in that boat above a minute before I was taken.

Q. Was it light or dark?

Hedges. It was quite dark.

Cross-examination.

Q. Is the prisoner a waterman?

Hedges. No, he is not.

Q. Then why do you talk of the prisoner's boat?

Hedges. Because he hires that boat of Mrs. Potter at 1 s. 6 d. a week.

Q. Did the prisoner know what scheme you was going upon at setting out?

Hedges. I don't know whether he did or not; he and Tolly sent for me to the Red-lion.

Q. What did they tell you there?

Hedges. Tolly said he had bought some tobacco.

Q. Did you understand they were going to steal tobacco?

Hedges. No, I did not.

Q. What did you think when they went to the lighter and took it?

Hedges. I was surprised.

Q. Did you say any thing to them when you saw them take it?

Hedges. No, I did not.

Q. from the prisoner. Whether I sent for him, or he for me?

Hedges. They sent for me to my lodgings.

Joseph Dunkin . I am an officer belonging to his majesty's customs; on the 11th of December, about half an hour after eight o'clock at night, William Loft and I were in a boat, betwixt the Hermitage and Union-stairs we saw a vessel come from a ship's stern, where this lighter lay with the tobacco; we rowed and laid hold of the boat, and said, what have you got here? a man said, d - n your eyes, what is that to you; we said, we are officers; one of them said, if you are officers, d - n your eyes, you shall go over-board.

Q. Do you know who said that?

Dunkin. It was dark, I do not know; my partner said, if I do, you shall go too; he jumped into our boat, I had hold of theirs; they had a skirmish in the boat, and in the scuffle they both went over-board; my partner called out, Joe, I am over-board, lift me up; I let go their boat, and got him into ours.

Q. Who was he that fell over-board with your partner?

Dunkin. I don't know; after I had got my partner in, we rowed to their boat, and I laid hold of their boat with my left-hand; a man said, if I would not let go he would cut my hand. I said, then cut away: he took a knife and cut my fingers. I let go, then they rowed away round the same fare which we saw them come out from. I knowing an officer which was upon the river, named Norman, called out for help, and said, draw your cutlaces and come; this I said to affright them; we rowed and got up to them a second time, then they got up and stood two of them with scullers, and the other with the water-board of the boat; we defended ourselves as well as we could, the man with the water-board jumped into my boat and made a stroke at me, and broke his board, then he, like a spaniel dog, jumped over-board; I went to shove after him with my sculler. I saw his hat as he swam, but I could not go so fast as he; after that I jumped into their boat and took Hedges by the collar.

Q. Who else was in the boat at that time?

Dunkin. There was none but he.

Q. What became of the other man?

Dunkin. I do not know which way he got off. I asked Hedges where the other man was? he said he was got into an oars boat, the tobacco lay in the boat; then Hedges said it was his venture, and hoped we would not be too hard with him, but let him have some of it. We carried it to his majesty's Custom-house and weighed it, it weighed two hundred and a half and eleven pounds.

Q. from the prisoner. Did I offer to molest you in any shape?

Dunkin. They all three opposed us, but I could not then distinguish the prisoner from the rest.

William Loft . I am a waterman belonging to his Majesty's customs; on the 11th of December I was with Joseph Dunkin on the river Thames, we saw a boat come away from a ship between the Hermitage and Union-stairs, we rowed after her, and came up on one side her, there were three men in her, two rowing and one sitting, we told them we were officers belonging to his majesty's customs, and would see what they had; they said, d - n your eyes, we have nothing for you, and you have no business here. I said I would see what they had; one hit me a blow, I hit him again, he jumped into our boat and swore d - n his eyes, he would throw us over-board.

Q. Which man was that?

Loft. I can't tell; then I said he should go over-board himself, we struggled, and both went over together; I called to my partner for assistance, he hauled me in again, and the other people hauled the other man into their boat, they rowed away from us; we told them we would come and board them again, they said if we did they would kill us.

Q. Do you know who said that?

Loft. I can't say I could distinguish them so as to have known any of them again. I answered, life for life, I would come on board them; we had seen Thomas Norman about five minutes before we had seen this boat, I called for his assistance, we could hear nothing of him, but Mr. Blundel and his waterman came up, and right against East-lane we endeavoured to board them again, two of them stood with the scullers, and the other with the water-board; one of them struck at me, I bobbed and jumped into their boat among them; one of them jumped over-board, I cut him down the head with my hanger, he swam to shore; a pair of oars came and took in another, I tripped Hedge's heels up and laid him down in the bottom of the boat; then Mr. Blundel. came and opened his lanthorn and looked at the tobacco lying loose in the boat, he said this is stolen tobacco; then we rowed up to his majesty's warehouse; after that we carried Hedges to the Poultry-compter, he said he would impeach his consorts if I would get him admitted an evidence, and gave in the names of Tolly and the prisoner in writing. I left him and went down to the Custom-house, there I saw his wife, whom I had known several years, and the prisoner was along with her.

Q. What time was this?

Loft. This was about ten at night, he came and asked me if there were any tobacco seized and carried to the warehouse? I said there was.

William Blundel . I was going down to attend the tide; I had not been on the water above two or three minutes before I heard a cry for help. I ordered my waterman to row, I thought somebody had tumbled over-board; we came alongside the boat, which gave the officers fresh courage to attempt their adversary a second time; I saw the men strike with their oars and water-board. I drew my tuck and said, if they struck the men I would run them through.

Q. How many did you see in the boat?

Blundel. I cannot tell how many there were, but I saw one jump over-board. Hedges was taken in the boat.

Q. What do you say as to the prisoner?

Blundel. I can't say any thing as to him.

Q. Do you know that Mr. Hanbury had any tobacco then lying on the river.

Blundel. Yes, he had, it was lying about the distance from the place where Hedges was taken as it is from this court to Newgate.

Q. Did you hear the prisoner own any thing?

Blundel. When Hedges said before alderman Porter that the prisoner was in tho boat with him at the time, the prisoner owned he was there?

William Cox . I am one of Mr. Blundel's watermen; I was with him at that time, it was not light enough to discover any of the three persons in the boat to as to know them again, Hedges was taken and carried to the Compter.

Q. Did you hear the prisoner confess any thing?

Cox. No, I did not.

Joseph Goodfellow . I was also rowing Mr. Blundel at the time, but could not know the three persons, it being dark.

Q. Were you at Guild-hall when the prisoner was there?

Goodfellow. I was; I heard the prisoner desire to be admitted an evidence.

Dunkin again. Before the prisoner went before the alderman, he told me he was hired as a waterman by the other two; I asked him if he was a waterman? he said no, but he hired a boat of the widow Potter.

Griffin again. The prisoner told me he went and rowed down the river after Hedges was taken, to see if he could find the tobacco that same night.

Prisoner's defence.

On the 11th of December last, Hedges, Tolly, and I had been to Deptford looking after a ship; after we came up, we went to the Red-lion, there we had some beer; they both went away and left me; in about an hour after they came again, and desired the favour of me to give them a cast over to Union-stairs. I said, I am going home, it is all in my way, with all my heart, come along. We went and got into the boat; when we came to pass by this vessel, they desired me to put them on board her, and said they wanted to speak with an acquaintance of theirs. I clapt them on board, and had some water in my boat, and went to heave it out. Hedges got into the lighter under the covering, and Tolly was upon the gunnel; he hove a cask of tobacco into my boat; it fell upon my knees, I heaved it off my knees, and said, what the duce are you upon; I will not suffer this thing. Then Tolly swore he would knock my brains out if I offered to make any words. He took my hook-rope and made it fast, and brought the tobacco, and Hedges handed it to me.

To his character.

Edward Bourne . I have known the prisoner about six years, he rented a house of me two years, and behaved like a very honest man during that time.

Thomas Crawley . I have known him between two and three years, he has always behaved civilly, and was reckoned in the neighbourhood to be a very honest man.

Samuel Powel . I have known him six or seven years, I never heard any ill of him.

James Clifton . I have known him between three and four years; his wife has a child of mine to nurse, I have been there backwards and forwards; I always found him to be an honest man.

Anne Richardson . I have known him between two and three years, I always took him to be an honest industrious man.

Guilty .

[Transportation. See summary.]

137, 138. (M.) Isabella wife of William Petty , and Anne wife of Stephen Wells , were indicted for stealing one pewter pint pot, value 8 d. one pewter quart pot, value 12 d. the goods of Solomon Barber , Dec. 19 .

++ Both guilty .

[Transportation. See summary.]

139. (M.) Catherine Scarlet was indicted for stealing one linen shirt, value 10 d. one stuff gown, value 2 s. the goods of , Jan. 18 .

++ Guilty .

[Transportation. See summary.]

140. (L.) Dorothy Jackson , widow , was indicted, together with Sarah Jackson , not yet taken, for stealing one silver spoon, value 12 s. one sattin waistcoat, value 20 s. three shirts, one linen sheet, one apron, two pair of mens gloves, two pair of pattens, five brass weights, the goods of Richard Dickson in his dwelling-house , December 26 . +

Richard Dickson . I am a grocer , and live opposite Prince's-street , facing the Mansion-house; the prisoner's daughter was my servant; I missed a silver spoon, a sattin waistcoat, three shirts, one holland sheet, one pair of pumps, several brass weights, two pair of patterns, and a check apron. On the 1st of January we were to have company to supper, the maid was ordered to clean the spoons, and bring them down stairs. She presently came down, and said she must go out. We told her, as we were to have company, she must not go. Then she begged for three-quarters of an hour; we let her go, but she never returned. Then we received a letter, which the prisoner at the bar said she wrote. We took the prisoner on the 4th of January, and before justice Clark she there owned that her daughter gave her the things at her request, and she had pawned them: and by her direction we found the table-spoon and sattin waistcoat at Mr. Woolridge's, and two shirts and one sheet pawned to Mrs. Waters. She owned to them, but would to no more. I once catched her at my house, by getting up sooner than ordinary; then I did not know who she was; she told me she came from my maid's mother, and she was very ill. The maid had been out the night before, but did not say, at her return, that her mother was ill. After that came the sister, and told me her mother was recovered. We found some of the goods after at Mr. Brunkley's, pawn'd by the prisoner.

John Fisher . I am apprentice to Mr. Thompson, a fishmonger facing the Mansion-house; I have seen the prisoner come almost every morning in the month of December to Mr. Dickson's house to the maid before the family were up, and have known her to be there almost a quarter of an hour at a time, but can't say I ever saw her carry any thing away.

Robert Woolbridge . I live in Queen-street, in the Park, Surry; I am a pawnbroker; this sattin waistcoat and spoon I received of the prisoner at the bar; I lent her 8 s. 6 d. on the spoon, and 19 s. on the waistcoat; she lived in my neighbourhood.

Mr. Waters. I live at Lowman's-pond, Surry; I am a hatter; the prisoner at the bar brought to me an apron, a shirt, and a table-cloth, ( the shirt produced).

Prosecutor. This shirt is mine, I know it by the mark.

Prisoner's defence.

I never took any of the goods out of Mr. Disckon's house; my dear child once took this waistcoat out of the house before, and it was delivered back again.

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

[Transportation. See summary.]

141, 142. (M.) Esther Barter , spinster , and Margaret otherwise Mary Gill , widow , were indicted for stealing one pound weight of silk, value 4 s. eighteen wooden bobbins, with four pounds weight of silk bound round the same, value 30 s. the goods of Thomas Pearson , June 4 . +

Thomas Pearson . I live in Lemon-street, Goodman's-fields, and am a silk throwster ; I employed the prisoners some time in winding and drawing of silk; they came to me in December, 1752; I employed Gill till December, 1754, and Esther Baxter till Easter, 1754; they worked as day servants in my house for some time last past; I have lost considerable quantities of silk, and could not form any idea what became of it. About December, 1754, I suspected Margaret Gill , she had quitted my service about a fortnight or three weeks; I had information there were bobbins of mine and silk in her house; I sent to them both, as they lived together, to come up to my house on the 31st of December; accordingly they came; I carried them before Sir Samuel Gore ; they would not confess any thing. I have had extreme losses in having silk and bobbins taken away, my books have been continually deficient in the account.

Q. Could the silk and bobbins be taken away without your knowledge ?

Pearson. Yes: on my mill is one hundred and sixty bobbins; there are always a number of bobbins-given out, may-be ten or twenty, in order to supply the mill; as often as a bobbin runs empty in the mill, they put a full one in, and take that out; and if a servant makes a mistake in telling a number of bobbins to the mill, the person has an opportunity of taking that bobbin away; we deliver them all full, and they return them empty; if they return us our number of empty bobbins, we know not but they have been honest; if they have taken away full ones, and drawn the silk off at their own homes, they can put in an empty bobbin, instead of a full one, then they may take away a full one for themselves every time they go out of the shop; for we suppose every empty bobbin they return they had away full.

Mary James . I live in George-street, Ratcliff-highway; in the beginning of June I saw goods belonging to Mr. Pearson (both bobbins and silk) in the prisoner's lodging, they both live together, I worked at Mr. Pearson's house as they did.

Q. Did you work there when they did?

M. James. I did, when Margaret Gill did.

Q. What number of bobbins and silk did you see at their lodging?

M. James. I cannot say the direct number.

Court. Let the court know how you knew they were Mr. Pearson's bobbins.

M. James. Because the first letter of his name was on them.

Q. What letter is that?

M. James. It was a P.

Q. Have you any other reason to know they were his than by that letter being on them?

M. James. No, I have not; only I know there is no other name of that letter in the trade.

Q. Was it only P?

M. James. It was, if there are two of a name in the trade, then one is wrote out at large; I took up one of them and asked Baxter how she came by that? she took it out of my hands, and said, what is that to me; I did not know but she might have them out of Mr. Pearson's shop to wind; I had not known her long then.

Q. to prosecutor. Is it customary with you to deliver bobbins out in order to be worked at their own houses?

Prosecutor. Yes, it is, my lord, it would be impossible to carry on business without doing it. I have had about 800 work-people myself.

Q. to M. James. What sort of silk was this you saw?

M. James. It was silk round the bobbins, and a bundle of skains wrapped in a coarse cloth.

Q. Did you know whose silk it was?

M. James. I can't say whose.

Barbara Lawson . I have known both the prisoners a great many years. I went to Mrs. Winter's house in the beginning of June last, she told me she had got a considerable quantity of silk in her house, I saw there an earthen stein full of bobbins and silk. I took it out and told the bobbins, there were twelve full tram-bobbins, six single, and three leaves of China silk, and six small slips.

Q. What do you call tram-bobbins ?

B. Lawson. That is two threads.

Prosecutor. These are the different degrees of manufacturing them.

Q. to B. Lawson. What did you do with the bobbins and silk after you had told them?

B. Lawson. I put them into the stein again.

Q. Do you know who they belong to?

B. Lawson. I know the bobbins belong to Mr. Pearson by his mark, there was a P upon them, I have worked for him. I know Baxter had no work when I was in their room, for she told me so that day; Gill worked in Mr. Pearson's shop at that time.

Elisabeth Winter . I live in Ratcliff-highway, I wind silk; the prisoners live in the same landlord's rents as I do, they owed him a sum of money; I think it was on the 4th of June the landlord sent a person to put a padlock on their door; they asked me to let them be in my lodgings till they got a being of their own.

Q. How many rooms have you?

E. Winter. I have two; I gave them liberty to be with me. They brought an earthen stein full of bobbins and silk with them, in the whole there were 12 tram-bobbins, six single bobbins, three leaves of China silk, six slips, and some skains of silk, but they were so small I did not tell them; they bid me hide the stein in the corner of the room, I did not like their proceedings, and made them shew it to Mrs. Lawson; she told me if I would carry it to Mr. Pearson's house next morning he would give me a guinea for my breakfast. I said then it shall fall into somebody else's hands, for I would not.

Q. Did you ever work for Mr. Pearson.

E. Winter. No, I never did; Mrs. Lawson desired me to get it out of my house as soon as I could; then I went to Baxter on the Monday-morning, and desired her to come and take the stien out.

Q. Where was she?

E. Winter. She was at work at home, she was but three days at our house before her landlord let her in again to her lodgings. She asked me what I was afraid of, and did not come to fetch it away, so I took and carried it to her lodging; about six weeks after this, I was complaining one day how bad my work was, Baxter said, don't be uneasy about your waste, for I'll bring you two bobbins to draw off in the room of it, but my husband would not let me have it.

Baxter's defence.

I had two shops of work, I work'd a parcel for one, and a parcel for the other; I never had any of the prosecutor's bobbins or silk in my charge but when I work'd for him in his shop.

Gill's defence.

I have work'd for Mr. Pearson, but I never wronged him of the value of a pin; I never had any of his work in my charge but what I worked in his shop.

Both guilty .

[Transportation. See summary.]

143. (M.) Mary Brown , widow , was indicted for stealing one silver watch, value 40 s. the property of Robert Otway privately from his person , Jan. 21 . +

Robert Otway . I don't know that I ever saw the prisoner before the 21st of January, on which day I had been at Buckingham-street, York-buildings; returning home I accidentally met the prisoner.

Q. What time of the day?

Otway. It was about one in the morning.

Q. Where did you meet her?

Otway. I believe it might be somewhere in the Strand , going up Burleigh-street and Exeter-street she came pretty close to me, and asked me If I would go home with her to her lodgings? At the corner of Burleigh-street she shied away, as if she wanted to get from me. When I found that, I thought she had got something from me.

Q. Where is your house?

Otway. I was going to my house in Holborn; I put my hand into my pocket, and missed my watch; she was at a little distance from me, I ran and laid hold of her, and charged her with stealing my watch; she told me she knew nothing of it. I said she must know it, because nobody had been in my company but her. She wanted to get away; I called for assistance; two watchmen came and asked what was the matter? I said, I believed that woman had got my watch. They were going to take her to the watch-house; as we were going along the Strand, she made a full stop, and said she would go no farther; the watchmen said she should. When she found they would not let her go, she said to the watchmen, if they would go into Burleigh street, she thought they might find it; so we went back, and going along Burleigh-street, Allen, one of the watchmen found a watch near a pawnbroker's door; he said to me, I have found a watch, but I don't know whether it is yours or not. I told him if it had not the marks which I should give of it, it was not mine. He put it in his pocket, and when we came with the prisoner to the constable, he delivered it to him. The constable asked me the marks of it. I told him I could not be positive of the No. but believed it to be 1622. I said it was a silver watch, and had Crook, London, on the dial-plate. In the morning we went before Justice Cox, who committed the prisoner to Newgate.

Q. Did she confess any thing there?

Otway. No; she told the justice I was in liquor, and might drop the watch there; she said she saw it in my hand.

Q. When you came from Buckingham-street, was you sober or in liquor?

Otway. I was a little in liquor.

Q. Are you sure you had it in your pocket when you came from thence?

Otway. I am sure I had, because the prisoner saw it.

Q. You say you met the prisoner in the Strand; how came you to Burleigh-street? Is that the nearest way from Buckingham-street to Holborn?

Otway. I thought it was that night.

Q. When you came first into Burleigh-street, had you been as far as where the watch was found?

Otway. No, I had not; she was gone on there, and might have laid it down.

Q. How far was you got into Burleigh-street when she wanted to get away from you?

Otway. I was got just in at the corner.

John Allen . I am a Watchman; on the 1st of February last, I had just finished calling the hour one; I came to the Golden-lion tavern, when the prosecutor called watch! I went, and he was at the corner of the street; he told me a woman had robbed him of his watch, and she was just gone up the street; and followed, and caught hold of her, and said this is the woman.

Q. How far was she got up the street?

Allen. She was got up about two or three doors; he gave me charge of her, and I was going to take her to St. Martin's round-house; I brought her down Burleigh-street; when we got facing the Globe alehouse by the Savoy-steps, she said, this man has been rude with me; he got me up into a door-way in Burleigh-street; and pulled out what he had, and very possible his watch might drop at that time. She insisted upon going no farther; but said, if we would go back with her to either Burleigh-street or Exeter-street, we should find the watch. We returned back, and going up Burleigh-street, at the sixth door on the left-hand, (a pawnbroker's,) there I picked up the watch.

Q. Who saw the watch first?

Allen. I did; the woman having said he had had her up in a door-way, I went on and looked in all the door-ways I came at. The watch lay with the glass downwards; but that was not broke, and the watch was going. I put it in my breeches-pocket, and said to the prosecutor, I have picked up a silver watch, as you say yours is, it may be yours; you must describe the name and the number when you come to the watch-house. We went there, and I delivered it to the constable of the night. The prosecutor described the watch, and told the maker's name, but could not tell the number. The next morning we went before justice Cox, there the prisoner said she did see the watch, and that they would find it either in Burleigh-street or Exeter-street.

Martin Lion . I was constable of the night; the prisoner was brought to the watch-house about a quarter after one in the morning by the prosecutor and two watchmen. Allen, one of the watchmen, gave me this watch (producing it ). I put it into my waistcoat pocket, and asked Allen if he had shewn it to the prosecutor after he had picked it up, he said he had not; then I asked the prosecutor what the maker's name was on the dial-plate? he told me it was Crook, London; I turned aside and found it so. After that I asked him the number? he said he did not know; I asked what was with inside the case, whether it was a printed bill or plain paper? he said it was a piece of plain paper, I opened the watch and found it so. After that he said, if I pulled that paper out underneath, I should see the name of a person, and Newcastle upon Tyne. I looked, and found a paper, on it was James Smoak , New-castle upon Tyne, watchmaker; then I kept him and the prisoner both in custody, and took them before justice Cox, there the prisone r said, she thought he might lose the watch in Burleigh-street or Exeter-street, and said they were both there in a door-way.

Prisoner's defence.

I was coming near the Fountain-tavern, this man, the prosecutor, was very drunk, he came by, and said to me, will you go and drink any thing? I said, no, you have had enough already, friend; he took hold of me and pulled me about, I had but a little way to go; I staid a little, he knocked at a door. I went and turned the corner to go home, he came and began to pull and use me very ill, (this drunken man did,) he said it is not late yet, it is not above eleven o'clock, and pulled out his watch, that was the way I came to know he had one. I went down Burleigh-street, in the middle of it, I stopped at a pawnbroker's door there on purpose to get rid of him, he came there and knocked several times; I went on, and when I was got about two or three doors from him, he said I had robbed him of his watch; then I said, it can't be lost, it must be either in this street or the other; and when he had told the watchman he had lost his watch, I said, go down to Burleigh-street or Exeter-street and you'll find it, because I saw it in his hand.

Acquitted .

144. (L.) William Hoppit was indicted for stealing three half-guineas, one piece of silver coin, called a French half-crown, three guineas and 2 l. 12 s. 7 d. in money, numbered , the property of Matth.ew Panson , Jan. 22 . ++ .

Matthew Panson . I live in Stone-cutter-street, and am a horse-keeper; I had three guineas, three half-guineas, a French half-crown, and twenty-one half-crowns, besides some small money in a little box, in a corn-bin in the stable; it was taken out, I suspected the prisoner, he being used to be in the stable; he lived with Mr. Cushee a a corn-chandler in Shoe-lane, I had lent him a stock, and took it out of the place where the money was, and put it about his neck on the 19th of January, then he saw the money, it was in a little white purse in the box. I took him up on suspicion, and had him to Guild-hall, he confessed there before several people that he had taken the money out of the box; he then took three guineas out of his shoe, and a French half-crown, which was all he had left.

Cross-examination.

Q. What were the very words he made use of?

Panson. He owned he had got the money and the purse.

Q. Did you say any thing to the prisoner in order to induce him to a confession?

Panson. No, I did not; he called to me and said he was very sorry it should happen so.

Q. Had you mentioned money at that time?

Panson. I had, and he owned he had got it.

Q. Did you mention the sum ?

Panson. He owned all the particulars, as I mentioned them to him at several times.

Mr. Cushee. He produced a French half-crown.

Q. to the prosecutor. Do you know this piece? look at it.

Prosecutor. This is the very piece that was with my money.

Q. Have you any particular mark to it?

Prosecutor. There is a black spot on the smooth side of it, by which I know it.

Q. Suppose there were a number of French half-crowns all mixed together, could you know that very piece from the rest?

Prosecutor. I could.

Q. How could you pick that out from the rest?

Prosecutor. I could because of the mark, the spot of dirt.

John Lockyer . I am a watchman in Holborn; I heard the prisoner was suspected; on the Saturday-night following I saw him rolling and tumbling about the street, drunk; I saw him shew two guineas the next morning; I told the prosecutor and the prisoner's master in what manner I had seen him; they desired I would secure him when I saw him again; on the Sunday-night he came into Holborn and inquired for a bundle that he had lost on the Saturday-night, I secured him, and he was committed to the Compter; the next day he was taken to Guild-hall, there he confessed the fact to me and several others in the matted gallery.

Robert Johnson . On the Sunday-morning I found the prisoner asleep in my bed when I came from my duty; I am a watchman; I shook him very much before I could awake him, when I did he shook his head, and asked me where he was? I said he was in Gray's-inn-lane; he asked me if I could get any thing to warm him? I said there was a house up, which was the Green-dragon, I took him there, he called for a pint of purl, and drank it all up, and called for another; then he pulled out his money to pay for it, among which I saw some guineas and a piece something like a half-crown.

Q. Should you know that piece again was you to see it?

Johnson. I could.

Q. Look at this piece, (be takes it in his hand).

Johnson. This is the piece I will assure you, he had a silver four-pence and a three-pence, but those I could not find.

Edward Sperry . I am a watchman; I had intelligence of this man, he came to me and asked if I knew any thing of three shirts and a handkerchief which he had lost on the Saturday-night, saying, he had been fuddled; I secured him, and told him what it was for; he said he had three guineas and a pocket piece left, which he took from the person; he at first desired to speak with the person he had robbed; the prosecutor was present, this was at Guild-hall.

Prisoner's defence.

I am innocent of the affair that is laid to my charge.

To his character.

Mr. Patterson. I am a bookseller in the Strand; I have known the prisoner at the bar these seven years, he was a servant of mine about four years ago in the capacity of a porter to go on errands, and to open and shut my shop, he behaved well then.

Joseph Hemmings . I have known him these three years; I employed him when he was out of business; I make paper-hangings for rooms; I always looked upon him to be an honestman. I intrusted him to receive money for me, he never imbezzled it.

Thomas Rout . I keep a chandler's-shop in Beaufort's buildings in the Strand; I have known the prisoner at the bar from a child; he is an honest, sober man, as far as ever I heard.

Guilty .

[Transportation. See summary.]

145. (L.) Leonard Baker was indicted for stealing fifteen shillings in money, numbered , the money of Richard Carr , Feb. 23 .*

Sarah Carr. I live at the Queen's-head, Queen-street, Cheapside ; the prisoner came to live with me last Friday; I called him up on Sunday-morning in order to make a fire about half an hour after seven o'clock; about an hour after that I called my daughter up; and I heard a great noise below; I heard an uncommon voice say, Mr. Carr, what is your doors open. I got out of bed and came down part of the stairs, and saw the pestil lying in one place, and the mortar in another, on the floor in the kitchen; I went down, and missed three shillings and six-pence in halfpence, that the prisoner at the bar had put into a pewter tankard in a woollen cap the night before, which was his own that he brought from his last place. I had bought a coat for my daughter and left the money in the mortar, which was fifteen shillings, and told her if the man brought it to pay him, the boy at the bar knew of my putting it there. I know it was in the mortar at twelve at night when I went to bed, but it was gone when I got up and the prisoner too; about eleven o'clock on the Monday the prisoner was brought home by a man that knew him.

Q. Was any money found upon him?

S. Carr. No, he had none about him.

Q. How old is he?

S. Carr. He is about fifteen years of age; we told him if he would tell us the truth we would do nothing to him, but he would not own any thing. We took him before the alderman, there he confessed what he had done with the money, and said an old man, which we found to be innocent, was concerned in it.

Francis Cockayne . The prisoner went from my service on the Friday; I heard he had robbed his master on the Sunday, he was taken, and I went to him in the Compter, and asked him how he came to be so wicked as to rob his master, he said an old Dutchman got him to do it; he said, the Dutchman came into his master's house in the morning before his master and mistress were up, and threatened to stab him with a knife if he did not give him that money, and he fetched it and gave it him, and they went away and were all night together. I apprehended he was telling me a parcel of lies, I begged he would tell me the truth, and said, he would fare the better for it, and worse if he did not; then he told me the Dutchman was not with him when he committed the robbery, but said he took the fifteen shillings out of the mortar. I asked him how he came to look in the mortar for money? he said, his young mistress gave him some brass to scower and he saw the money in the mortar over-night, as he had to do with the brass things near it. I asked him what he had done with the money? he told me he owed one of the princess dowager of Wales's servants eleven shillings, named Parker, and where he lived. I sent a servant to inquire, and I found he had paid him the money he said he owed him. He is a poor man's son at Gloucester, and has no friends in town.

Prisoner's defence.

If I could be cleared I would take care to pay the money back again.

Guilty .

[Transportation. See summary.]

146. (M.) Michael Lomen was indicted for stealing one glass bottle, value 5 d. and one quart of pickled olives , the property of William Golding , Feb. 21 .*

William Golding. I am an oilman , and live in Leadenhall-street; I have been lately robbed four or five times of pickles, and I was determin'd if possible to find out the thief, and ordered my servant to watch. Last Friday night I did not see the bottle taken, but my servant ran out and brought in the boy at the bar, and a bottle of pickled olives, my property. But he behaved very impertinent, and said it was not in my power to hurt him. I asked him what business he followed? He said he was a coal-heaver, and that he lived with his uncle, and carried his shovel for him on nights and mornings. Then after that, he said he was not guilty of it, but another boy, one Joseph Slocock , that lives at Sale-petre-bank, took the bottle. I had him before alderman Scot, and he committed him to Newgate. I ordered my servant and constable to go and take Slocock, which they did; I took him before Sir Charles Asgil ; he told us of another boy on Salt-petre-bank.

John Cox . I am servant to Mr. Golding; about a quarter after eight in the evening, on the 21st of February, I was standing in the shop and saw a boy's arm take a bottle of olives away from the window; I made haste out of the shop, and catched hold of a boy, the bottle was set down, and he was about a yard from it.

Q. How far from the shop did you find the bottle?

Cox. About sixteen yards from the shop-door; the prisoner was going from the bottle.

Q. Did you see him put it down?

Cox. No, I did not; as soon as I laid hold of him, he said it was not him, it was the other boy. I saw another boy go over the kennel at a distance from him. I took the prisoner into the shop, and the bottle, my master's property.

Joseph Drake . I am going in the fifteenth year of my age; I lodged in the same house where the prisoner did; he asked me to take a walk with him upon the Keys; it grew dark; then he asked me to take a walk on London-bridge; I did till it was late; going back through Leadenhall-street, he said, I'll take this bottle of things down; it was at an oil-shop he took it down, and I took it of him; after which, I heard them call, stop thief! so I set the bottle down, and ran away as fast as I could.

Q. Whereabouts did you set it down?

Drake. I set it on the ground almost behind a post; the prisoner was then walking on, and said, why don't you make haste along? I said, I'll set the bottle down: he said, don't.

Q. How far was it from the house where you took it that you set it down?

Drake. It was almost the length of the sessions-house off. I went home to Mr. Gardner's, a lodging-house.

Prisoner's defence.

That evidence said, Michael, if you will run on the other side of the way, I will go and take this bottle from the window. He went and took it; the gentleman called, stop thief! and he set the bottle down, and ran on the other side of the way.

Guilty .

[Transportation. See summary.]

147. (M.) Margery wife of John Doyle , otherwise Margery Smith , widow, was indicted for stealing one linen sheet, value 6 d. one wooden pail, value 6 d. one shovel, value 6 d. the goods of Anne Davis , widow , in a certain lodging-room let by contract , &c. Jan. 8 .*

Acquitted .

(M.) She was a second time indicted for stealing five pewter plates , the goods of John Dunn , Jan. 6 .*

John Dunn. I keep a public house in Spitalfields market ; on the 5th or 6th of January, I missed five pewter plates; the prisoner was in my house that morning; the next day I heard of them, they were pawned in two places; I went and found one at Anne Richardson 's, and four at Mr. Pinkham's; I took up the prisoner; she denied knowing any thing of them. Then I took her before the justice, there she confessed she had pawned these goods at two pawnbrokers.

Anne Richardson . One plate was pawned at my house on the 8th of January by the prisoner.

Mr. Pinkham. She pawned four at my house on the same day.

The prisoner denied the fact.

To her character

Sarah Griffiths . I have known the prisoner ten years; she did keep a cook's shop, and is as honest a woman as ever I knew.

Kelley Milward . I have known her twenty years; I know nothing of her but what is just and honest.

Acquitted .

148. (M.) John Halfpeny was indicted for that he, together with Anne wife of Thomas Mountain, and Theophilus Skinner , did steal one silver watch, value 30 s. one linen gown value 4 s. one cloth cloak, one horsehair hat, the goods of John Groves , one chints gown, one cloth cloak, value 10 s. the goods of Barnaby Maloy , Dec. 11 . ++

John Groves . I live in Monmouth-court, and am a bricklayer ; I had been at work, and when I came home I missed a watch, a cloth cloak, a horsehair hat, my property; and a chints gown and cloth cloak of Mrs. Malloy's.

Q. Did you lose a linen gown?

Groves. I know nothing of a linen gown; I lost a bed-gown of my wife's.

C. Give the best account you can of the watch.

Groves. I had had a misfortune with it, having put it under my head one night, in taking my breeches up it sell out, and broke the spring, the chain, and one pillar; so I hung it by in my room, and did not wear it. I missed it, and had a suspicion of Anne Mountain, that lodged in my house. Some little time after, Mr. Gibson came and told me the prisoner brought my watch to pawn to him, in company with Thomas Skinner .

Q. Did you know the prisoner?

Groves. I never saw him in my life till Mr. Gibson brought him to me.

Q. What did Mr. Gibson tell you?

Groves. He said he lent Skinner 15 s. upon the watch.

Q. Have you the watch here?

Groves. I have.

Q. Where had you it?

Groves. It was in Mr. Gibson's custody. We were before justice St. Lawrance, there the prisoner did not own he was guilty; but owned Anne Mountain came to his room, and delivered the watch to Skinner, to go and pawn it; and the prisoner owned he was concerned in going to the pawnbroker's.

Q. When you was before the justice, did you complain you had lost your watch?

Groves. Yes, I did.

Q. Who did you charge with having it?

Groves. I charged Anne Mountain.

Q. Where was she?

Groves. She was gone off at that time.

Q. Did you ever see her in your room?

Groves. No; but there were none in my house but my wife and a little girl and she that could take it.

Thomas Gibson . I am a pawnbroker; on the 12th of December Theophilus Skinner and John Halfpeny came to my house, and brought a watch to pawn, (produced by the prosecutor). I believe this is the same; it has been in the prosecutor's hands some time; they pawned it for fifteen shillings; the next day I saw an advertisement.

Q. to prosecutor. Did you advertise it?

Prosecutor. No; Anne Mountain's husband did at my request.

Q. to Gibson, Are you sure the prisoner was one that brought it.

Gibson. I am. Seeing the advertisement, I went to the prosecutor's house; upon asking him if he had lost a watch, he said he had. I told him I believed I had got it; and told him what sort of a man brought it, and asked him if he knew him? He said no. There was Anne Mountain's husband along with him: he said he knew him, and told me where I might find him. I went and found Skinner there; but the prisoner was gone out of town with Anne Mountain. On the Monday following I had word come that the prisoner was returned, and that he was in a little court in Drury-lane, up three pair of stairs. I went and took him to the prosecutor, and then before justice St. Lawrance, and produced the watch. The prisoner said, he finding Anne Mountain had been advertised, went out of town with her.

Acquitted .

149, 150. (M.) Anthony Parsons and Robert Hatt were indicted for that they on the 10th of December, 1753 , about the hour of one in the morning of the same day, the dwelling-house of Joseph Aldersey did break and enter, and stealing out thence two pair of linen sheets, value 3 l. one damask table-cloth, value 8 s. one dimity sack, value 8 s. the goods of the said Joseph.

(M.) They were a second time indicted for stealing one copper still head, and one be metal mortar , the property of John Magonnis , Jan. 14.*

(M.) They were a third time indicted for stealing one iron grate, value 12 d. one sender, two hats, and four printed books , the goods of Thomas Plunket , Jan. 14 .*

(M.) They were a fourth time indicted for stealing one copper, value 25 s. and one warming-pan , the goods of Anthony Smith , January 24 .*

The prosecutors deposed to their losing their respective goods; but there being no evidence against the prisoners but one Usher Past, who called himself an accomplice in all the facts charged; he made it appear he was at the taking the goods, but there being no evidence of credit to support the evidence given by him, the prisoners were acquitted of all the four indictments.

151. (L.) John, alias Cuddy Stevens was indicted for wilful and corrupt perjury, in giving false information before the late lord chief justice Lee, Aug. 1, 1753, in swearing to a written affidavit, complaining against Isaac Thorp , Edward, otherwise John Rowland , and divers others; that they came into the house of Jane Blynn , and made a great riot, and swore they would set her house on fire, and put her in fear of her life, and did beat her and the defendant John Stevens , and raised a mob of two hundred people round her house, and encouraged them with money to abuse her, and him the defendant on the 14th and 17th of July. ++ See Blynn's trial, No. 514, in alderman Rawlinson's mayoralty.

Benjamin Thomas . (He takes the information of Jane Blynn and John Stevens in his hand). I remember my swearing this information by two persons, who called themselves one Jane Blynn , the other John Stevens , it appears to have been sworn Aug. 1, 1753.

Q. Do you remember the prisoner to be one of the persons?

Thomas. I remember Jane Blynn , and there was a man with her, she called him John Stevens, and he swore to the truth of this information, it was taken at Guild-hall before my lord chief justice Lee.

John Hill. I am bar-keeper at Guild-hall; I have seen the prisoner there several times, in August 53 I remember there was a man and a woman, I believe she was the woman tried here some time since, and I really believe the prisoner was the man, they came to Mr. Thomas to lodge an information.

Q. Did you know the prisoner before that?

Hill. I have seen him hundreds of times, he went by the name of Cuddy Stevens; I have a very ill opinion of him. I remember seeing Mr. Thomas hand a paper to him and ask if it was his hand-writing? and just at that time somebody cried, open the door, officer, and I was obliged to open the door, I was then within three yards of him; I remember also at the same time a man said to me, don't you know that man, that is Cuddy Stevens.

Q. Then you can't say you saw him sworn?

Hill. I cannot.

William Carter . I was tipstaff to my lord chief justice Lee; I remember there was a warrant dated August 21 1753, to be executed upon Isaac Thorp and several others, I can't say who brought it to me, but remember the prisoner at the bar came to me as a prosecutor several times along with Blynn, both before and after the execution of it.

Isaac Thorp . The prisoner once lived in my neighbourhood about twelve doors from me, but not in the same street, there was Jane Blynn lived with him, they had taken in pawns, and as people came to take them out they would not let them have them, and people made complaints, and there used to be mobs about the door.

Q. Was you near her house on the 14th or 17th of July 1753?

Thorp. I was not on both days, I was in my own house, the Ship, a public-house; I had had a trial with this prisoner on the 13th, and I heard he had got a judge's warrant against me and ten more, so I kept at home.

Q. Did you ever in your life head a mob in order to make a riot at their door?

Thorp. No, I never did, neither was I ever there in a riot. I never was at their house but once in my life, then I went with a constable to serve a warrant upon the prisoner on an information of a woman who said he offered twenty pounds to have a riot sworn against me.

Q. Did you ever threaten to murder him or Jane Blynn ?

Thorp. No, I never did.

Q. Did you ever offer a reward to any to do it?

Thorp. No, I never did.

John Alexander . I was constable that time; I was at Stevens's house on the 17th of July, 1753, along with one Fitzmorris, to serve a warrant on him, if Mr. Thorp had been there I must have seen him. Stevens made resistance, and I was obliged to charge others to assist me to haul him along.

Mary Turner . I laid at Mr. Thorp's in August 1753; I remember there was a disturbance in the street, on the 17th of July, before his door some time in the afternoon, and I know my master was in his house with some gentlemen, and was engaged at home till late at night.

Patrick Holborn . Mr. Thorp is a neighbour of mine; I remember being at his house on the 17th of July; I went there at about five in the afternoon, and staid till half an hour after nine; we were smoking a pipe together in his back room, I remember it by having a warrant in my pocket to take up a woman in that neighbourhood; I never heard of any riots at the prisoner's house, except it was by people whom they would not let have their goods which they had pawned.

Hannah Russel . I was a chair-woman to the prisoner and Jane Blynn when they lived in the Broad-way, Westminster; there used to be people continually coming for their goods which they had pawned. I cannot remember any particular day, because every day was alike, by people coming for their goods; but I never saw Mr. Thorp or Mr. Ashmore, or any of the persons charged in the information in any of the disturbances at the door; they used to make me give answers at the door, and they would keep out of sight as much as they could.

Sarah Jacobs . I was four months in Stevens's house to my sorrow, when he and Blynn lived in Goswel-street, sometimes they passed for man and wife, sometimes for mistress and servant, because if they passed for man and wife they could not swear for each other. I heard the prisoner say many a time he was forced to come away from the Broad-way, Westminster, on account of the riots by people coming for their goods, and he has often said he would be revenged on Thorp, Ashmore and Rowland, and three parts of the people in the Broad-way, and would go to law with them till he brought them to beggary, and he often said he was then at a great loss for people to swear for him; he was used to have people to swear for him at any time, but said they were all dead; he said several times to me I must swear Thorp and they came to his house and made riots; and he said Jacobs should go and swear likewise, and threatened to have him and Blynn out of the house, life and limb. I said I knew neither of them, and I would not swear any such thing.

For the prisoner.

Elisabeth Rogers . I was in Jane Blynn 's house along with Mrs. Jacobs, she was left in possesion for them; I never heard Mrs. Jacobs say the prisoner bid her swear, as she has sworn here; but I once heard Mrs. Jacobs say Mrs. Blynn asked her to swear so.

Richard King . On the 22d of February, 1754, I was employed by Mrs. Jenkins to take an inventory of Mrs. Blynn's goods; when I went to take possession, Mrs. Jacobs and her husband called me, and took and threw my inventory-book away. I went again on the 28th, and took possession with a letter of attorney; she told me then, if swearing would take away Stevens's and Blynn's lives, she would do it.

Q. What are you, and where do you live?

King. I am a journeyman upholsterer, and live in Bishopsgate-street.

John-King. Mrs. Jacobs has come backwards and forwards to my mistress's, she is Stevens's Sister. About the latter-end of February she came and said, for God's sake don't let Mr. Stevens come home to night, for his three enemies have been there, and they will drag him through the kennel.

Q. Who is your mistress.

King. Her name is Phillips, she keeps a pewterer's shop in Watling-street; she is sick in bed, and can't come.

Mary Jenkins . I had a letter of attorney to go into Mrs. Blynn's house, and take possession. I took Richard King with me, to take down what goods were in the house. We took with us a new, lock, to put on the back-door. I told Jacobs we had got a letter of attorney; she took the lock, and said, God blast your eyes, you old b - h, I'll knock your brains out: she threw the lock away, and her husband and she took Mr. King by the collar, I thought they would have strangled him. She, Mrs. Jacobs, called me a thousand old bawds, and Stevens a sodomite. I heard her swear, if he did not deliver some money to her, she would keep the feather-bed, bolster, pillow, blankets, sheets, and a parrot in a cage; I was afraid she would take my life away. I have known the prisoner ever since the year 1715, I never knew any harm of him in my life.

Q. Where do you live?

M. Jenkins. By St. Martin's church.

Guilty .

See him tried before, No. 474. in Sir William Calvert 's mayoralty; and No. 126. in Sir Samuel Pennant 's.

[Imprisonment. See summary.]

[Transportation. See summary.]

152. (M.) Benjamin Perry was indicted, for that he, together with Lewis Hebourn , Charles Osbourn , and Jockey Paterson, not yet taken, did steal one hundred pounds weight of tobacco, value 3 l. 10 s. the goods of John Sydenham and Robert Hudson , in a certain ship lying on the river Thames . Jan. 10 .

Samuel Vinton. Benjamin Perry , Lewis Hebourn , John Paterson and myself, about the latter end of December or beginning of January last, we went to work to deliver a ship belonging to captain Young of some staves; she lay in Bell-dock, Shadwell; the first day we began to work the prisoner took away a prick of tobacco from among the staves, and, put it into my coat-pocket, and I carried it on shore; I went to sell it but could not, then he took it and went and sold it for two-and-twenty-pence, and brought the money.

Q. Did you know of his putting it into your pocket?

Vinton. I did, and we were to share it among us.

Q. What did he give you for your part when he had sold it?

Vinton. He gave me five-pence-halfpenny, the next that was taken out of the ship was betwixt the prisoner, Lewis Hebourn and John Paterson , there were nineteen pounds weight of it.

Q. Which took it?

Vinton. They sent it out upon deck to me, I carried it on shore, and Benjamin Perry went and sold it for 9 s. 6 d. and brought the money and shared it among us. The next quantity we took was nine pounds, I sent it into the boat, the prisoner and Patterson sold that; I staid at the door the while they went in and sold it; they brought out 4 s. 6 d. for it. The next parcel we took John Gaudy and Charles Osbourn came in sharers with us; that was seventy-four pounds weight, that we took out of the hold; after I had taken it on shore, a man came and bought it of Gawdry and myself for 37 s. we paid our reckoning, and after that shared the rest; the next parcel we took away was a hundred weight.

Q. When was the seventy-four pounds weight carried away, by night or day?

Vinton. By day; we used to watch when the officer and boatswain's backs were turned, then we used to put it on board; but not all at once, but in different parcels, at different times going off.

Q. How did you take the hundred weight?

Vinton. We took that all away at several times, from the beginning in the morning, to the time we left work; after we got it on shore we sent for a man, one Duffey, to buy it.

Q. Where is he?

Vinton. I can't tell that.

Q. What did you sell the hundred weight for?

Vinton. We had fifty shillings for it, and shared the money equally among us.

Q. What had you for your share?

Vinton. After the reckoning was paid I had three shillings and six-pence.

Q. Who does this tobacco belong to?

Vinton. I can't tell that. After that we took another hundred weight.

Cross-examination.

Q. How long was you on board that ship?

Vinton. I don't know, we made some broken days.

Q. Who employed you?

Vinton. The captain did.

Q. Was you first taken up about this tobacco?

Vinton. No, I was stopped with some iron.

Mr. Price. I am headborough; I took the prisoner in custody the Wednesday in last sessions, at the Bell, Shadwell, he was charged with stealing tobacco, but he denied it.

Vincent Barrow . I am boatswain of the ship Mahone at Bell-wharf; she arrived Nov. 24, she was laden with tobacco, iron and staves, the tobacco was in hogsheads stowed down in the hold; it belongs to Robert Hudson and John Sydenham ; the prisoner and others were employed at two shillings per day to deliver the ship.

Q. Was any of the cargo missing?

Barrow. I can't say there was any thing missing?

Q. Do you know any thing of the prisoner's taking any?

Barrow. No, I do not; I know the prisoner, and have seen him in Maryland, and have had a very good character of him.

Q. Have you any reason to alter your opinion of him by any behaviour of his since?

Barrow. No, I have not.

Prisoner's defence.

I am charged innocently, I never took any tobacco.

To his character.

Isaac Haydon . I have known him fifteen years, he is a very honest man.

Mr. Ellison. I have known him ten years, he is a very honest, sober man, he has used my house for years.

Mr. Thomas. I have known him ten years, he has a very good character.

Mr. Addison. I have known him three or four years, he lodged with me about that time; I never heard any body speak ill of him.

Acquitted .

Stephen M'Donnald , John Berry , James Egan , otherwise Gabagan , and James Salmon , were indicted for being accessaries before a felony committed by Peter Kelly and John Ellis on the person of the defendant James Salmon , in the county of Kent, on the 23d of July, in maliciously and feloniously abetting, assisting, counselling, hiring, and commanding the said Ellis and Kelly to commit the said robbery, with intent to procure to themselves the rewards allowed by the statute, and some farther rewards offered by the inhabitants of the parish of Greenwich, &c .

The jury found them guilty of all the facts charged in the indictment; but a point of law arising, it was made special, and left to be considered by the twelve judges.

This being a trial of so extraordinary a nature, we cannot do justice to the public, whom we would always oblige, if we curtail it; there fore it will be published at large in a few days.

James Young , capitally convicted in July last, and William Hamilton , capitally convicted in September, to be transported during their natural lives.

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

Received sentence of death 4.

John Burton , Edward Haines , William Burk , and Thomas King .

Transported for 14 years 1.

John Cowley .

Transported for seven years 37.

Dorothy Jackson , William Hardles, John Pointer , Thomas Gardner , Joseph Thomson , William Hopit , Leonard Baker , Michael Loman, Thomas Martin , Elisabeth Williams, Elisabeth Insel , Joseph Dew , Richard Brinkingshire , E - D - , Isabella Petty, Anne Wells , Catherine Scarlet , Esther Baxter , Margaret, otherwise Mary Gill, Thomas Gayler , William Banks , Mary James , Anne Robertson , James Buckley, John Bruff, Anne Clark, John Fleck , William Robertson , Charles Humphrys , John Wilbourn , James Weeden , Anne Hasty , Catherine Hubbord , John Gilman, William Myers , Anne Robertson , and John Rickets.

Page 97. last line, for Myers acquitted, read guilty.

John, otherwise Cuddy Stevens, to be imprisoned six months in Newgate, and transported for seven years.

Elisabeth Shrader 's sentence respited, being very ill.

Branded I.

Dorothy Taylor.

James Young , capitally convicted in July last, and William Hamilton , capitally convicted in September, to be transported during their natural lives.

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