Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 20 December 2014), July 1755 (17550702).

Old Bailey Proceedings, 2nd July 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 2d, Thursday the 3d, Friday the 4th, and Saturday the 5th of JULY.

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

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

BEFORE the Right Honourable STEPHEN THEODORE JANSSEN , Esq; Lord-Mayor of the City of London; Lord Chief Baron PARKER *, Mr. Justice CLIVE +, the Honourable Mr. Justice WILMOT ||, 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.

Benjamin Rackstrow ,

Joseph Pluckrose ,

John Bunce ,

John Hallifax ,

John Griffin ,

John Cleaveland ,

Matthew Shepherd ,

James Stevenson ,

Samuel Man ,

St. John Burroughs ,

George Toe ,

Edward Woodcock .

Middlesex Jury.

Walter Lee ,

William Wilton ,

William Boozshire ,

Francis Sutton ,

James Price ,

John Nicholson ,

John Ayers ,

Thomas Gaff ,

Richard Spences ,

John Shepherd ,

George Rawlinson ,

Anthony Batman .

251, 252. (L.) Susannah Bird and Hannah Morris , were indicted for stealing one linen handkerchief, value 10 d. the property of John Weedon , May 29 .*

John Weedon. On the 29th of May, I was in the King's-bench, Guildhall , to hear a trial; one Mr. Tolderoy told me he saw the prisoner Bird take a handkerchief out of my pocket; I felt, and missed mine; I charged an officer with her; she was taken into another room; and, upon searching her, my handkerchief was found lying underneath her as she stood.

Q. How come you to charge the other prisoner?

Weedon. The witness did that; seeing them, as he said, busy together.

Thomas Tolderoy . I was in the court of King's-bench, Guildhall, on the 29th of May, being subpoened there on a trial. I saw the two prisoners come, and by their behaviour, I thought them to be pick-pockets; they were very busy about a gentleman's pocket, and I told him to take care, for I thought they had pick'd his pocket; he said he had felt a hand in his pocket, but had lost nothing, having secured his handkerchief before; then they moved to another part of the court. I saw them go to the prosecutor, and as they were both standing together by him, I saw a handerchief lifted up from his pocket; I know not which of the prisoners took it out, but I saw Bird conceal it.

Q. Did you see Morris make any attempt on the other gentleman's pocket.

Tolderoy. I can't say I did; Bird seemed to be the busiest; they appeared as companions.

Q. Did you see the handkerchief found again?

Tolderoy. I did; it was found under Bird's cloaths as she was standing.

Q. Which was nearest the prosecutor when you saw it taken?

Tolderoy. I can't say which was nearest.

Q. How near was you to them at the time?

Tolderoy. I believe I was about ten yards distance.

Marmaduke Gibson . On the 29th of May I was in the King's-bench, Guildhall; the two prisoners were pretty near me, attempting a gentleman's pocket; the last witness and I tap'd him on the shoulder, and ask'd him, if he had not lost any thing; he said he felt a hand in his pocket, but he had secured his handkerchief; then the prisoners removed to where the prosecutor was. I had my eye upon them, and saw the prisoner Morris take a handkerchief from his pocket, the other prisoner was then close by her; they had walk'd round the hall together. After Bird was secured, I saw the handkerchief under her; which the prosecutor swears was his. (The handkerchief produced in court, and deposed to.)

John Percifull . I was charged with Bird, and took her into the sitting alderman's room; there searching her, I found the handkerchief under her cloaths. The prosecutor said it was his. After that, I was charged with the other prisoner, and I insisted upon searching her, but she said she would not be searched by me or any body else; but I searched her, and found only one handkerchief upon her (producing it.)

Morris. That is my own handkerchief.

Bird's defence.

I am innocent of the fact.

Morris's defence.

I was but just come into the hall as they took me; I know nothing of this woman, ( pointing to her fellow-prisoner.) I was not with her.

Q. to Tolderoy. Are you sure you saw Morris with Bird when the handkerchief was taken?

Tolderoy. I am certain of it; and that they were together before that was taken.

Gibson answered the same to the question.

Both Guilty .

[Transportation. See summary.]

253. (M.) Mary Morris , spinster , was indicted for stealing one metal watch, value 40 s. the property of Daniel Thomas , privately and secretly from his person , June 29 . +

Daniel Thomas . I went as far as Highgate with a friend of mine that was going farther into the country, last Sunday, and coming back about nine at night, I met this woman at the bar, at a stile betwixt Highgate and Kentish-town . When I was with her, I know I had my watch in my pocket. We were pretty intimate together, and I missed it before I parted with her.

Q. Was you criminal with her?

Thomas. That is the whole truth. - I charged her with taking it; she deny'd it. She said she would go with me to a constable; so I took her to one: when we came there, she charged me, and I charged her; and the constable took us both to St. Giles's Round-house.

Q. Did you ever see your watch again?

Thomas. No: never.

Acquitted .

254. (M.) Thomas Clark was indicted for one pair of silver spurs, value 10 s. and two holland shirts, value 10 s. the goods of Robert Seymour , Esq ; May 4 . ||

Robert Seymour . The prisoner was my servant ; he came into my service the 31st of March last, and left me on the 5th or 6th of June. I went out of town about the end of May, and returned the 5th of June. Complaints were made to me of several irregularities he had been guilty of in my absence: upon which I intended to have discharged him; but he saved me the trouble, for he ran away that day. He came once or twice to my house after this; but I had not any opportunity of speaking to him. He sent the keys on the 6th of June, which he had had in his charge, of the linen and other things, the cellars, and of his own room. Upon which, I examined my things, and found several missing, which I have not laid in the indictment; I have only laid the things I have found again. I apply'd to a magistrate, who granted a warrant to apprehend him: he was taken on the Tuesday following, and put into the Round-house. The constable shew'd me a paper, which he said the prisoner had wrote; the contents were, where I might find some of my things at some pawnbrokers. I went to the prisoner, and took him before a magistrate. The prisoner did not deny taking the things.

Q. What were his words?

Seymour. He said, when I mention'd the things that were missing, that part of the charge against him was true, and part false.

Q. Did he distinguish what part was true?

Seymour. He did not. A search-warrant was granted, and the constable went to the pawnbrokers mentioned in the paper, and the spurs, and two shirts were found, and the pawnbrokers came with them to the justices. (Produced in court, and deposed to.)

Q. By what do you know the shirts?

Seymour. I know them to be mine by the cloth, the make, and the mark.

Q. Where had they been used to be kept?

Seymour. In a drawer in my house.

Q. When did you see them last?

Seymour. I can't tell when I saw these particular shirts last.

Q. Were they in the drawer when you went out of town?

Seymour. I can't tell where they were particularly; nor do I know when he pawn'd them.

Q. Where were the spurs?

Seymour. They, with other plate, were deliver'd into his care, within a day or two after he came into my service.

Q. Had you seen them after you deliver'd them into his care?

Seymour. No: I had not, from that time, till they were found at the pawnbrokers.

Q. In what capacity was the prisoner with you.

Seymour. He was my footman.

John Lewis . I am constable; Mr. Seymour sent for me last Sunday was three weeks, about ten o'clock. He told me his servant had robbed him of these things.

Q. Where does Mr. Seymour live?

Lewis. He lives in Mount-street, by Grosvenor's-square. He gave me a warrant, and said the man was gone away; and I took him near Kilbourn turnpike, in a field, making of hay; and told him I had a warrant against him for robbing his master.

Q. Did Mr. Seymour tell you what things he had lost?

Lewis. No; he had not then. There were several things put in the warrant; the prisoner began to swear, and said, if he had known of the warrant, he would have been an hundred miles off: I brought him to our round-house; he told me where the things, were pawn'd, and gave me a paper, where to find them, but could not tell the pawnbrokers names; the silver spurs were pawn'd in Tyburn-road, two shirts and two stocks in another place, and a pair of buckskin breeches at another place. Then I went and acquainted the prosecutor with it; we took the prisoner to justice Fielding; there was justice Beedwell and Mr. Clark, who examined him; he was committed to the Gatehouse for farther examination. Then I had a search-warrant put in my hand to go and search for the things, and the prisoner went with me, by order of the justice. We went first to a place near Carnaby-market, where he said he had pawn'd the breeches; the prisoner said there, he delivered them to a girl, but they denied knowing any thing of them; then we went to Francis Parry 's, where we got the two shirts and two stocks.

Q. Where does he live?

Lewis. In Shepherd's-street, by Hanover-square; after that, we went to Mr. Cock's, in Tyburn-road, and there found the silver spurs; the pawnbrokers went with us before the justice with the things.

Anne Parry . I live in Shepherd's-street, am wife to Francis Parry ; the prisoner brought two shirts, and pawn'd them with me; one on the 3d of April, and, I think, the other on the 30th of March, one for 5 s. the other for 6 s.

William Cock . I live in Oxford-road. (He takes the spurs in his hand ) I believe these are the spurs the prisoner pawn'd with me, which I delivered to the constable, and which he kept two days, and delivered to me again.

Q. to constable. Are these the spurs this evidence delivered to you?

Lewis. I received a pair of silver spurs of this evidence, and kept them two days, and delivered them to him again.

Q. to Cock. Are these the spurs he delivered to you after the two days?

Cock. They are the same.

Prisoner. To be sure; I did pawn the things where the gentleman mentions.

Guilty .

[Transportation. See summary.]

255. (M.) John Sibthorne , was indicted for stealing one bay gelding, value 8 l. the property of Roger Atwood , June 20 . +

Abraham Atwood . Roger Atwood is my father, he is a butcher at Basingstoke; we lost a bay gelding the 20th of June.

Q. When had you seen the gelding last?

Atwood. None of our people had seen him for a fortnight before he was missing.

Q. Where was he in keeping?

Atwood. He was at grass in my father's ground.

Q. When did you see him again?

Atwood. I saw him last monday was sen'night, at Mr. Blakes's, at the Cross-keys, St. John's-street, and swore to him, as my father's property.

Q. From what parish was he taken away?

Atwood. From out of the parish of Basingstoke.

Q. When did you first see the prisoner ?

Atwood. I saw him the same day I saw the horse at the Cross-keys, in Clerkenwell-bridewell. I asked him if he was the person that took the horse; he said, I am.

Q. What is the horse worth?

Atwood. He is worth 8 l.

William Blakes . I keep the Cross-keys-inn, St. John's-street. On Friday was sen'night, the prisoner brought the bay gelding to my house, and ordered the horse to stand there, and have a feed of corn, saying he was going to sell him; he went away, and the horse stood in the stable till the Friday after; then a gentleman, named Bell, in Cow-cross, came, and said, the prisoner had liv'd with him some time before, and that he had trusted him to sell a horse in Smithfield-market, and he had sold the horse, and ran away with the money; and on the Friday was sen'night, the other witness came and challenged the horse, as his father's property; his father came also with him, and he swore to the horse.

Prisoner's defence.

I was coming up to see for a place; I met with two dealing men; they ask'd me where I was going? I said I was going to Smithfield-market; they desired me to take the horse up to the market, and told me they would follow me, and pay me for bringing him there.

Guilty , Death .

256. (M.) Elizabeth Lloyd , spinster , was indicted for stealing one bed quilt, one pair of linen sheets, four woolen bed curtains, one copper pot, one copper tea-kettle, one brass fender, one pewter dish, one looking-glass, one brass candlestick, two pillowbears, one diaper napkin; the goods of John Brignell . The same being in a certain lodging-room let by contract , &c. May 10 . *

Guilty .

[Branding. See summary.]

257, 258. (M.) John Conquest and William Jackson , were indicted for making an assault on John Nevil on the king's high-way, putting him in corporal fear and danger of his life, and taking from his person one silver watch, value 3 l. one silver watch chain, value 3 s. one silver seal, value 1 s. his property , June 16 .*

By the desire of the prisoners the witnesses were examined apart.

John Nevil . On the 16th of June, I was at this hither end of Stanmore , at a public-house drinking, the prisoners were opposite me; I have known Conquest from a little boy. I went to go home between 12 and 1 at night. I had not been long gone out of the house; I was scarce got above the length of this stick from the door, ( holding a walking-stick in his band) before the prisoner Conquest flew at me, and swore he would have my watch; the other prisoner was with him. I believe they took me 40 poles out at the town's end, before he got the watch, for as he got hold of it I strove to keep it, and by pulling the seal it came all to pieces. He swore he would have my watch or my life.

Q. Did Jackson do any thing to you?

J. Nevil. He never concerned himself one way or the other, only said I should not be abused.

Q. from Conquest. Was not the prosecutor very much in liquor?

J. Nevil. How came I to know you John? I was in liquor, but had been asleep, and was come to myself, but I did not think Conquest would have meddled with me above all men in the world. After he had got my watch I went back again to Mr. Snocksel's, who keeps the inn where we had been drinking, and told him what had happened, and he and others went and took the prisoners on the road.

Q. from Conquest. Did the prisoners ever know any harm of me in his life ?

J. Nevil. I think this is too true John, you used me with very ill manners, and I begged for my life as hard as ever any man begged for a bit of bread.

John Snocksel . I keep the Queen's-head at Stanmore; the prisoners came into my house I believe between 9 and 10 o'clock at night on Sunday was sen'night: there were 4 of them at first, but it being field-day, they being all soldiers, two of them went away, but the two prisoners staid. The prosecutor was in my house at the time, we had been looking at his watch just before. The soldiers used me very ill at that time, and I was afraid they would use the prosecutor ill after he was gone, as they went out about the same time. After some little time the prosecutor called, and desired to be admitted into the house again, but I was afraid of my life, and durst not open the door. When I found they had got Nevil away, I sent my servant after them, who came and informed me Nevil had lost his watch; I ordered him to setch the horses that we might follow them. I and Smith Terry mounted and pursued them. We overtook them just on this side the Welsh-harp, and rode on to Kilbourn, and called up two people and told them the case; they got up, and by their assistance the prisoners were secured and taken to a public-house at Hampstead. I wanted to know where the watch was, and at last Conquest said, it does not signify any thing, for the watch must come out, saying here it is in the corner of my coat; where we found it slipt down into the lining, the chain was on it, but I think the key and seal were broke off, but they were found in the same place. Then we took them before Justice Errington, the watch was delivered to the constable (produced in court and deposed to by the prosecutor ).

Q from Conquest. Was not Nevil so drunk that he was forced to be left at the turnpike, and could not go on?

J. Snocksel. He was very sober then, and could tell what was done to him.

Smith Terry . I was at the Queen's-head at Stanmore on the 16th of June, there were four soldiers, the prisoners were two of them, the other two went away about 11, but the prisoners staid till about 12; the prosecutor went out of the house about that time.

Q. Which went out first, he or the prisoners?

Terry. I cannot say which; after they were out there was some noise at the door, but I did not go out. About a quarter of an hour after I went out, and saw the two prisoners going by the door towards London: then I desired Mr. Snocksel to call up two of his men to go and see for the prosecutor, fearing they were murdered. He called them up, then I and they went to see for him.

Q. What are the mens names?

Terry. One's name is William Pinchbeck , the other Charles, but I do not know his other name.

Q. Which way did you go?

Terry. We went towards London; when we came down to the new road end we met him just turning the corner, about 2 or 300 yards from the Queen's-head.

Q. Was he drunk or sober?

Terry. I cannot say which, for I did not drink with him, he seemed to talk very well. He told us Conquest had taken his watch from him; then Mr. Snocksel and I took horses and pursued them. We past them at the 6 mile stone. We called up two men at Kilbourn to assist us, and the prisoners were taken at St. John's-wood. We took them to the Cock at Hampstead; there Conquest delivered the watch up to Mr. Snocksel, and he gave it to the constable.

Q. Where was the watch?

Terry. It was in the right side lining of his coat. We took them to justice Errington's.

Q. to prosecutor. When you went out of the house, did you go towards London, or from London?

Prosecutor. They brought me towards London, but if they had let me alone, I was to have gone the way from London to my house.

William Jowel . I am drawer at Mr. Snocksel's. When there was a great noise at the door after the prosecutor and prisoners were gone out, my master sent me to the door to listen what was done. I heard the prisoner Conquest say to the prosecutor, he would have his watch or his life.

Q. Was Nevil drunk or sober then?

Jowel. I believe he was not in liquor.

Q. Which went out of the house first that night, the prisoner or Nevil?

Jowel. The prisoners did, and Nevil soon after them. I heard Conquest say, don't hug the watch, for he would have it, or his life.

Q. How do you know it to be Conquest that said this?

Jowel. I know his voice, and they were at the door on the out side.

Q. Did you tell your master what you had heard at the door?

Jowel. I did.

Q. to Snocksel. How came you not to interpose here at this time.

Snocksel. I was afraid they had swords, and I had been shut up in a room for fear of them some time before; they had behaved very bad at my house.

Michael Timms . I live at Kilbourn at the Red-lion. On the 16th of June last, Mr. Snocksel and Smith Terry , called me out of my bed betwixt 3 and 4 in the morning, and told me there were a couple of foot-pads coming on the road. They desired my assistance. I and Daniel Wood went. We mounted their horses, and went round; and by St. John's-wood, (that is a little farm called by that name) we took the prisoners. There we saw George Longland . I called him to our assistance. I told Conquest, we came to take him for a highway robbery committed that night. He said he knew what I meant, but I was mistaken.

Q. Where was Snocksell and Terry at the time?

Timms. They were coming on foot about 300 yards distance. Jackson had this weapon in his hand when I seized Conquest, (producing a hanger,) drew it about 3 or 4 inches out of the scabberd. I bid him draw it no farther, but give it me. Then he gave it me, saying, there it is; and resigned quietly. (It must seem strange to the reader, that the two armed prisoners should resign so quietly. Note, Timms had in his hand a pistol when be demanded Jackson's hanger, which he did not mention till the trial was over.) We bound them, and took them to a public-house; there Conquest said, he was too tight bound, and desired somebody would slacken him. I said, if he would tell where the watch was, I would. Then he took the lappet of his coat up, and said, here it is, I know it will be found; and delivered it. Going along the fields, Conquest threaten'd me, saying, he'd do for me as soon as he got released.

Jackson. We have orders from our officers, to carry our hangers with us, when we walk out.

Daniel Wood . I live at Kilbourn. (He confirm'd the last evidence's account, and produc'd a hanger taken from Conquest.)

George Longland . I was one of the three that took the prisoners. I live at St. John's-wood. I took Jackson. He made but very little resistance. We told them it was on suspicion of a highway robbery, and tied their hands behind them.

Q. What was that little resistance they made?

Longland. It was Jackson drew his hanger near half out of the scabberd. We took them to a public-house, but I was out of the house at the time the watch was found.

Conquest's defence.

Last Sunday was fortnight, about two o'clock, Jackson and I came off guard. I went down to Stanmore to see two children of mine. We were going along the road; and met with a friend that gave me part of a mug or two of beer. We got to Mr. Snocksell's about ten o'clock at night. It was too late to see them then. There I saw Mr. Nevil; he shook hands with me, and gave me part of a pint of beer, and we drank two or three pints after. About eleven, Mr. Snocksell told Mr. Nevil to go home. He was very much in liquor. I went to go to the sign of the Crown, to speak to a friend; he was gone to bed. Coming back, this Nevil was sitting on the bench at the door, almost asleep. I said to him, will you go home. He said, I am so much in liquor, I do not know whether I can or not. I said, we are going your way home. We were coming up to London. He roll'd against the brick-wall, and would have tumbled down, if I had not held up. I said to him, you have got a watch in your pocket, give it me; I'll take it, and keep it for you, for you are fuddled. He took it out of his pocket, and put it in my hands. I said, I'll bring it safe the next day.

Jackson's defence.

What Conquest says, is all very true. I can only repeat the same.

Both Guilty of Felony.

Acquitted of the Robbery.

[Transportation. See summary.]

259. Martha Collins , widow , was indicted for stealing one stuff petticoat, value 2 s. one stuff gown, value 6 d. one hat, value 1 s. one check'd apron, value 1 s. the goods of Martha Clemonts , spinster , June 27 . No evidence appeared.

Acquitted .

260. (L.) William Rice , was indicted for stealing 6 pounds weight of tobacco, value 5 s. the goods of Nathan Arnold , Feb. 20 . ++

Nathan Arnold . I employ'd the prisoner at the bar to spin tobacco into rolls, with 4 or 5 boys to help him. I can prove nothing myself.

Q. Have you missed any tobacco?

Arnold. It is impossible to miss such a small quantity out of 4 or 5 tons, which sometimes we deliver at a time.

Christopher Higham . I am 15 years of age next March. I work with the prisoner for Mr. Arnold. I saw the prisoner make up two parcels of tobacco, and put one in a bag, and laid it on my shoulder, and the other he put in another boy's lap.

Q. Where was this?

Higham. This was in the warehouse. He bid us go and wait at the corner of Gray-friers, till he came; and he came in less than two minutes, and took them, and away he went with them.

Q. What quantity was there of it?

Higham. About 6 pounds, as near as I could guess.

Q. Whose tobacco was it?

Higham. I am sure it was Mr. Arnold's tobacco; for there was none of any body's else.

Edward Cheney . I heard the prisoner own before Mr. Alderman Scot, that he put a parcel of tobacco in a bag, and put it on this lad's shoulder; and deliver'd another parcel to another boy; and he also begg'd of Mr. Arnold to be merciful to him.

Prisoner's defence.

I have work'd with Mr. Arnold ten years, at times. This is all from an old grudge which he owed me.

To his character.

Jacob Collier . I have known the prisoner about a twelvemonth. I never heard but what he was a very honest fellow; he lives next door to me.

John Jones . I have known him some time; he is a very honest lad, in his way, and works hard for his bread.

George King . I have known him about fourteen months. He is a very honest man.

Thomas Howard . I have known him since the first of November, to be a very honest man.

George Dennis . I have known him two years; I never heard a bad character of him in my life.

Guilty .

[Transportation. See summary.]

261. (L.) Sarah, wife of John Grant , was indicted for stealing one ounce and an half of silk for weaving ; the property of John Farrow , June 26 . ++

Guilty .

262. (L.) Mary Curton , spinster , was indicted for stealing 18 yards of silk ribband, value 10 s. the goods of William Jones , John Jones , and William Crofts , privately in their shop , May 22 . ++

William Garset . I am servant to Mr. Jones and Co. at Holborn-bridge . On the 23d of May, about two o'clock the prisoner came into our shop, under pretence of buying some ribbands. We then were full of customers. She bought some figur'd ribbands of William Jones , one of my masters; and after that went round to the other witness to look at some more. She bought two or three different ribbands. When she was searched, I took three parcels out of her pocket, and another drop'd from her on the ground; my masters property.

Q. Who are your masters?

Garset. There are three partners; William Jones , John Jones , and William Croft .

James Munet . After the prisoner came to where I was serving in the shop, I saw her take the broad ribband, here produced.

Prisoner's defence.

I did not take the ribband.

To her character.

William Hounslow . I have known her about 8 or 9 years. She is a very sober person, and always bore an honest character in the neighbourhood.

Guilty, 4 s. 10 d.

263. (M.) Anne Brooks , widow , was indicted for stealing 14 pieces of leather , the property of William Kent , May 22 . ++

Acquitted .

264. (L.) Elizabeth, wife of Daniel Carter , widow , was indicted for stealing 14 pieces of leather , the property of William Kent , May 22 . ++

Acquitted .

265, 266. (M.) Alice Morris , and Margaret Brannan , spinsters , were indicted for stealing one silver watch, value 30 s. the property of John Baden , June 14 .

John Baden. On the 14th of June, about 10 at night, I went into the house of Mr. Dunn in Little St. Martin's-street. I had my watch in my pocket when I went there. There was no body but these two girls, and I lost my watch there.

Q. Was you in liquor?

Baden. I was not.

Q. Had you any acquaintance with them before?

Baden. I had not.

Q. did you meet with your watch again?

Baden. Yes, I did the Friday following in the same house; the constable and I went there, and it was found in the bed where the prisoners lay.

Q. from Brannan. Did you feel either of us take the watch?

Baden. No, I did not.

Edward Riley . The two prisoners lodged at my house. They came home at a little after 11 o' clock, and the prosecutor and a watchman came after that, and inquired for Peggy; he said he was a friend of hers. I brought Peggy to him; then he laid his hand upon her shoulder, and took her out into the street, and charged the watchman with her, and took her away. After that I heard Alice Morris own to the taking the watch, but I did not hear Brannan own it.

James Fitsurry . The night the prosecutor lost his watch, he came to my house, I being a constable, with the prisoner Brannan. I sent him to the constable of the night, but he would not take charge of her. The next day I heard she had the watch, I took her and the other prisoner; I asked Morris where the watch was; she said when I was searching her lodgings on Sunday, the watch was hid in the grate. I went and searched it again, and in searching the bed they lay upon, I found the watch among the feathers in the bed, in the house of this Riley.

Matthias Daws . I went with the prosecutor to the constable's house, there we had the two girls; we endeavoured to bring them to confess what they had done with the watch, and by separating them, they both confessed they took the watch.

Q. Did you make them any promise on condition they would confess?

Daws. There was such a promise.

Brannan's defence.

Edward Riley keeps a very bad house, and harbours evey thing that comes there. When my mother and father have come to inquire for me, he has denied me, and when I have any money he makes me sp it. He came to me in the Round-house, and said if I had not own'd it, and had let him have it, he would have taken care that they should not have found it.

Morris said the same.

The confession being fraudulently obtained from them, they were Acquitted .

265. (M.) Richard Sanford , was indicted for stealing 2 blankets, value 2 s. one bed quilt, value 12 d. and 2 harrateen window curtains, the property of Thomas Hodgkinson . The same being in a certain lodging room let by contract , &c. May 20 . + .

Acquitted .

266. (M) Mary Martin , otherwise Anne Kelly , spinster , was indicted for stealing one silver watch value 3 l. one silver chain, value 5 s. one seal set in silver, value 2 s. the property of Henry Urlander , June 27 . ||

Henry Urlander . I had been in an ale-house in Silver-street , going home between 10 and 11 at night, the prisoner overtook me in the same street, and as she came along side of me, she took my watch from my fob, and put it in her bosom.

Q. Was you sober?

H. Urlander. I was a little in liquor.

Q. Where do you live?

H. Urlander. In Newmarket-street. The prisoner wanted me to go into a house with her; she went in: I wanted her to give me my watch again, and there was a coal-heaver there who took her part, and told me if I did not go away, he would knock me down, so I was obliged to go away; I went into old Gravel-lane to get a watchman to take her up. I found one, but he would not go with me, then I went home; and last Tuesday I took her by a warrant, before a justice, and she was committed.

Q. Where is the watch?

H. Urlander. She has got it I suppose, I have not seen it since.

Prisoner's defence.

The prosecutor went by me with two women about ten or eleven o'clock; he had given one of them a handkerchief; I was at my door, which is opposite admiral Matthew's house in Silver-street. They were quarrelling about the handkerchief; he wanted it again, and the woman said she would not give it him, because he had been using her. He stopt at my door, and said let me come in, and pulled out a silver half crown, and said he would give it me if I would let him lie with me. I said, master go along, I have got a husband of my own, and pushed him from the step of the door, and shut the door; then he called out, you have got my watch: then a watchman came, and he told him a woman had got his watch; then I went out and said here I am, take me if you think it was me. The watchman to be sure would not touch me; I never hid myself, nor never saw the watch.

Q. to prosecutor. Had you two women with you?

Prosecutor. No I had not, I saw none but the prisoner.

Q. Had you been in a house with any woman?

Prosecutor. No, I had not.

Q. How came you into that alehouse ?

Prosecutor. I went there to call for a pint of bear to drink with my landlord; I had used to go there now and then.

Q. What company was there in the house?

Prosecutor. I saw none at all.

Acquitted .

267. (M.) Edward Bradford was indicted on the coroner's inquest for slaying Peter Boulton . +

Peter Law . On Sunday the 8th of June , about six o'clock in the evening, I was at my master's shop, Mr. Hogath, an apothecary in Vigo-lane . I saw the prisoner and the deceased Peter Boulton at some distance from me. They had some words about eighteen-pence. I saw the deceased strike the prisoner; the prisoner returned it; they were parted. After that the deceased came and struck him again, the prisoner was taken from him a second time. The deceased stript himself, and ran to see for him again at a considerable distance. Then he returned and found him among the people, and struck him again. Then I was obliged to go into the shop.

Q. Did you see the prisoner strike the deceased?

Law. I did.

Q. What was the deceased?

Law. He was a chairman and soldier . After he was dead I opened a vein.

Q. Did you see the prisoner strip'd?

Law. No, he was not when I saw them. I did not see the last of it; he did not chuse to fight, and said he would not fight.

Edward Winwood . I saw a crowd of people. Presently I saw a man strike the prisoner; the prisoner struck him again. They were parted; he came at the prisoner again; then the prisoner upon that struck him again, when they were parted a second time. Then the chairman went into Swallow-street: presently he came back again, and said he would lick him. Somebody said the young man was gone cross Saville-row; the other ran with his arms open to the end of it, swearing he would lick him. At last he found the prisoner; the prisoner said he did not want to fight. The deceased struck at him, and gave him two or three blows in the face. Then they had two or three blows together; they were parted, and the company persuaded the prisoner to strip, and then he pull'd off his cloaths; and they had had but a few blows before the accident happen'd, the man was laid dead, but whether by a blow or the fall I know not.

Guilty of manslaughter .

[Transportation. See summary.]

268. (L.) Mary Smith , widow , was indicted for stealing 24 guineas, privately and secretely, from the person of Samuel Meadwell , his property.

The indictment charged her a second time with stealing 24 guineas, the property of Samuel Meadwell , in the dwelling-house of Thomas Green. Jan. 13, 1749 . ||

Samuel Meadwell . I live with Mr. Richard Belson , a distiller on Breadstreet-hill, in the capacity of a distiller . In January the 10th, five years ago, there came two young women to me, one about nineteen, the other about thirty years of age, to my master's.

Q. Where did you live then?

Meadwell. I lived then with Mr. Henry Simpson , a distiller on Snow-hill. They told me there was something very particular in my face; and if I would cross their hands with a bit of silver, they would be of very great service to me.

Q. Was the prisoner with them then?

Meadwell. At that time she was not. On the day following, which was the 11th, to the best of my knowledge, at near eight in the morning, as soon as I had opened shop, the same two women and the prisoner came.

Q. Was any body with you in the shop at that time ?

Meadwell. There were Alexander Robinson , and Philip Davis in the shop at the time. The other two told me privately, they had brought a person that had practised Astrology for many years. Then the prisoner desired I would step with her a little to a public-house. I went with her to a public-house over the way. There the prisoner at the bar told me she could be of great service to me in a day or two, if I would follow her directions.

Q. Did the other two go with you?

Meadwell. They did.

Q. What directions did the prisoner give you?

Meadwell. In the first place I was to get two peppercorns, and a little salt, and two guineas, put them into the corner of my handkerchief, and she was to procure a little mould and put it to them. Then I was to put it into my pocket; saying she could not be of service to me that day, but the next day she would tell me what to do; and by the morning she would provide the mould, and desired I would have the two guineas in my handkerchief, which I did; and the next morning at the appointed time, between seven and eight o'clock, being the 12th, she came.

Q. Did the other two women come with her?

Meadwell. They did, then we all went to the public-house again. The prisoner asked me if I had got the two guineas ready? I told her I had. They were in the corner of my handkerchief. She had got some mould, and stirred it in along with the gold, salt and peppercorns in the handkerchief. Then she asked me how much money I was worth of my own? I told her I believed I was at that time worth 25 l. She told me I must against the morrow morning get it all into my own hands, and wrap it up in the corner of my handkerchief; and that in such a corner of the cellar a very large quantity of money had been hid.

Q. Whose cellar?

Meadwell. In my master Henry Simpson 's cellar; and I was to receive that money hid in the cellar, if I would follow her directions; I being a young country lad just come to town, not knowing the nature of these cheats, thought to be over rich in a hurry. I endeavoured to get all my money together against the next morning; there was some money due to me from my master for wages, but I did not think it proper to ask for that, so I went to Mr. Morris, an apothecary in Coleman-street, and borrowed 10 l. and I had the rest in my own custody. That made it up 25 l. 4 s. or 24 guineas, which I put all together in my handkerchief, with the mould, salt and peppercorns.

Q. What countryman are you ?

Meadwell. I am from Northamptonshire; they all three came to me the next morning as usual at the time; they were very punctual as to time; it was about 8 o'clock, they did not chuse to go to that publick-house any more. Then we went to the house of Thomas Green, a publick-house at the bottom of Fleet-market . There they talked to me a great deal in regard to my good fortune. They ask'd me to see the handkerchief and the money; I produced it, and opened it my own self, and held it in my right-hand, as it was in the corner of my handkerchief.

Q. Did you take it out of the handkerchief ?

Meadwell. No, I did not, it lay in it; then the prisoner came and stroked it over, and crost it with her finger; and likewise said some verses, what they were I cannot say. She had her hands very busy all the time, on one side my hand, and the other on the other. And at this time I believe she privately got my Money from me; she told me there was some plate with this large fortune I was to receive; but she did not desire any of the plate, but expected I would make her a present of some of the money. She likewise desired she might tie one knot, and I the other of the handkerchief, which I granted; and we did so.

Q. Which knot did she tie, the first or the last?

Meadwell. To be positive I cannot tell which she tied, she bid me put the handkerchief into my pocket; I did, and thought I had my money there. She desired I would not look at it till two or three hours after the time I put it in my pocket.

Q. Were the two other women with you all the time ?

Meadwell. They were; at the three hours end I was to go down into the cellar of my master, and in such a corner; she named the farthest corner on the right-hand, and there to open my handkerchief, and there the money was to be; and with only putting my hand to the stone, I might lift it off, and there I would find an iron pot with the money mentioned in it, then we parted. I came home, and was anxious to know my good fortune; and I believe I opened it rather before my time, for I began to think I was flung; it came into my head there could be no such thing.

Q. How long do you believe it was before you opened it ?

Meadwell. I believe it was two hours before I did; when I opened the handkerchief, to my great surprise, I found only five shillings in silver, three pennyworth of halfpence, and two pieces of lead, or pewter melted down; one of them had an Impression on it, like the stamp of a halfpenny, the other I think was plain.

Q. Did you open your handkerchief in the cellar?

Meadwell. I did.

Q. What before you had searched in the corner she mentioned?

Meadwell. Before I had strictly searched it.

Q. How could you expect to find money there?

Meadwell. I wanted to know where my own money was - I began to think then, when I found these things only instead of my own money; I went up stairs, and was very solitary.

Q. Did you shew what you found in your handkerchief to any body?

Meadwell. I did; the first person I shewed them to was my two evidences here, Robertson, and Davis.

Q. Did the prisoner tell you where she lived?

Meadwell. She said she lived by the Fleet-market, and had for twenty years; but I cannot positively tell the house now.

Q. Did you go to look for her?

Meadwell. I did; I went round and inquired for such a person; but could not find her.

Q. When did you see her again?

Meadwell. I never saw her again till the fifteenth of May last; then I took her up.

Q. Where did you find her?

Meadwell. I was standing in Mr. Belson's shop, my master, on Bread-street, hill; and saw her at thirty yards distance. She came up to the door, and came a little way in; whether she knew me or not I cannot say; but she directly turned out again, and went away.

Q. Do you know whether she saw you or not?

Meadwell. I know she saw me.

Q. Did she walk gently away, or in haste ?

Meadwell. She walk'd a good pace away, and went in a grocer's-shop, over the way. I stood at my master's door till she came out again, The moment I first saw her, I was all of a tremble. When she came out, I went over and asked the clerk in the shop, what was her pretence in coming there? He told me, she asked him if he would buy any stockings; she went down the hill, and I after her; I past her, and turned and faced her, and looked well in her face; I let her go out of our neighbourhood.

Q. Was she alone?

Meadwell. There was another woman with her. I let them go into Queen-street, Cheapside; there I took her.

Q. Did you know that other woman that was with her.

Meadwell. I can't say that was one of the women that was with her when she came to me on Snow-hill. The first words I spoke to her, when I stop'd her was, can't you tell me my fortune. She said, Lord bless me, sir, I never knew any thing of that kind in my life. I said, don't you remember seeing me at such a house; did you not defraud me of so much money? Then the other woman jump'd up to me, and laid hold of my hand, and begg'd for mercy; and said, the prisoner never had been in town in her life before, being come to town but that very day. * The prisoner said, sir, you are mistaken; I am not the person. I reply'd, I am very positive you are the woman that defrauded me. Then they both hung about me, one on one arm, and the other on the other, and begg'd that I would be merciful to them. I told the prisoner, what mercy the law would afford, she should have, and no farther. They desired I would consider what I was about. I said, I was certain the prisoner was the woman, and she should go before my lord mayor. They ask'd me to go into a house before we got there, just at the bottom of Walbrook; but I told them my time was very short, and she should go there. They both cry'd, and begg'd I would give her a little time. Then the prisoner halted, and fell lame all on a sudden; and said, she had got a sore leg. They both, at that time, hung about me, and begg'd I would be merciful to her. The other woman came as far as the bottom of the steps at the Mansion-house; and would have went in with her, but the prisoner said to her, No, no, you must not come. She then went away, and I took the prisoner before my lord; and he examined the prisoner and me. There I swore she was the person that robb'd me. His lordship committed her to the Poultry-compter.

* For the truth of this, see the time her prosecutrix swore she was robb'd by her, last sessions, in Aldermanbury, No 235.

Q. Now, look upon her again; the time you speak of is a great while ago; be careful; are you now sure that is the very woman?

Meadwell. Yes, my lord, I am; I am positive she is the woman.

Court. Consider; the time you speak of, was in the year 1749.

Meadwell. I do consider: I am very positive to her. She told me several times, when her hands were busy about mine, to look at her face, and ask'd me, if I should be sure of knowing her again. I believe she said a hundred times, (do you think you shall know me, if you see me again) said I, I am sure I shall know you again. She then appointed to come the next morning to have her dividend of what I was to give her out of what I was to find in the cellar; but she never came near me. She preach'd a deal of godliness; and told me she practis'd such things by the art of astrology, before very great people, princes, and the like; and that she had many good books.

Cross examination.

Council. I think you say, when she came to you, she directed you to get two pepper-corns and a little salt; and she was to procure a little mould; and you was to put these, with two guineas, in the corner of your handkerchief; and after that, you say, you got twenty four guineas?

Meadwell. It was so.

Council. Did you put the twenty-four guineas in the handkerchief?

Meadwell. Yes; I did put twenty-four guineas in the handkerchief including that two guineas.

Council. Can't you recollect who tied the first knot?

Meadwell. To the best of my knowledge, I did; but I am not certain.

Council. Did you ever deliver the handkerchief to her?

Meadwell. No; I did not.

Council. Had you the handkerchief in your hand the whole time?

Meadwell. I had.

Council. Can you take upon you to swear you did not deliver the handkerchief with that money in it to her?

Meadwell. I can sware it; I did not deliver it to her.

Council. Who put it into your pocket?

Meadwell. I did.

Council. Was not she to put it into your pocket?

Meadwell. No.

Council. Then, when you put it in your pocket, you really believed there was such a sum of money in it?

Meadwell. I being a raw country fellow, believed that.

Council. Did you really contract with her to give her a sum of money?

Meadwell. It was to be left to my generosity.

Council. At whose house was this?

Meadwell. At the house of Thomas Green.

Council. Where is that house?

Meadwell. That house is pretty near the bottom of the fleet-market.

Council. Where did you live then?

Meadwell. I liv'd then on Snow-hill.

Council. About what time of the day was this handkerchief tied up?

Meadwell. About eight o'clock in the morning.

Council. After the last knot was tied, what did you do with it?

Meadwell. I put it directly in my pocket.

Council. How long did you stay in that house?

Meadwell. I believe I was twenty minutes, or a quarter of an hour in that house.

Council. Are you sure you had the handkerchief in your pocket from the time of putting it in, till you opened it in the cellar?

Meadwell. I am sure I had. I kept my hand upon it, as I carried it home from the alehouse.

Council. Did you all the way home?

Meadwell. I believe I did.

Council. How long was the time you was to have staid before you opened it?

Meadwell. I believe I was to have staid three hours after I got home; and instead of that, I opened it in about two hours.

Council. Did not you lock it up in a drawer after you got home?

Meadwell. No, I did not; but kept it in my pocket.

Council. Which pocket?

Meadwell. It was in my breeches pocket.

Council. What was you about the two hours after you got home?

Meadwell. I was about my master's business in the shop.

Council. Did you ever pull up the stone to look for the money?

Meadwell. I did.

Council. Did any body see you?

Meadwell. I believe the two witnesses here did; but I will not take upon me to say, they were there. I shew'd them what I had got in my handkerchief, in the room of the twenty-four guineas.

Council. Are you sure this is the very woman?

Meadwell. I am. I would not take a false oata for five million of money: may, I would not, if I was sure to gain the world by it.

Council. Can you say she had your 25 l.

Meadwell. The other women never came near me, so as to touch me all the time.

Council. Have you been in Newgate, since the woman was there, to see her?

Meadwell. Yes; I have.

Council. What was your business with her?

Meadwell. I carried a person that was defrauded by her since I was, and he knew her; but would not take upon him to have to do with it, it being a scandalous affair. He is an officer in the excise, and lives in or near Moorfields.

Council. Can you say, after all, you are certain as to the woman?

Meadwell. I positively declare I can swear to her in any part of the world.

Alexander Robinson . I was apprentice to Mr. Simpson on Snow-hill, when the prosecutor came to live there in the year 1748. I saw the women that came; but it was by the light of a lamp we had in our shop. I never saw 'em by day-light; I can only mention the circumstances of his being defrauded. I can't swear to the prisoner.

C. Give an account of what you know.

Robinson. To the best of my knowledge it was in January 1748 - 49; I can't positively take upon me to swear to the day; to the best of my remembrance it was about the 10th or 11th; he shew'd me his handkerchief in the forenoon, in the bed-chamber where we lay. There were in it 3 d. in halfpence, 5 s. in silver, and two pieces of lead; one was plain, the other had an impression on it.

Q. Did you go with him into the cellar afterwards ?

Robinson. No; I did not. He then informed me he had borrowed 10 l. of an apothecary in Coleman-street, to make up 24 guineas at that time.

Q. Did he tell you in what manner she had defrauded him?

Robinson. He said he had what he shew'd me in exchange for the 24 guineas which he had tied up in one corner of his handkerchief.

Philip Davis . I don't know the woman. I liv'd with Mr. Simpson at the time this happen'd. The prosecutor told me of it two or three days after he had lost his money. I know it was within a week. I was with him that morning that a woman came to him in the shop; but I did not see her face. They went over to the Swan on Snow-hill together.

Q. Did you go into the cellar with him afterwards to see the stone?

Davis. No; I did not. He shew'd me the two pieces of lead, and said there were 5 s. in silver, and three pennyworth of halfpence; but I did not see them. He said he lost 25 l.

Prisoner's defence.

They accuse me wrongfully, my lord; I know nothing of it; I never saw him in my life.

Court. Have you any witnesses?

Prisoner. I have. She call'd Susannah Norman , Peter Norman , and Charles Tompson ; but neither appeared.

Guilty Death .

See the trial of Mary Norman , who was transported for a crime of the same nature, No. 424. in alderman Cockayne's mayorlty.

269, 270, 271, 272. (M.) William Warner , George Barker , Thomas Read , and John Davis , were indicted for stealing 4 pewter plates, value 2 s. the goods of Elisabeth Baker , widow , June 12 .*

Elisabeth Baker. I keep the Cock, a publick-house in White-chapel road ; on Thursday the 12th of last month, my servant called me up betwixt 6 and 7, and told me 4 plates were taken away by a man. The 4 prisoners were taken, and the plates found upon one of them. (Produced in court, and deposed to.)

Elisabeth Wright . I am servant to the prosecutrix; the four prisoners came into our house between 6 and 7 in the morning, three weeks ago next Thursday. They call'd for a pot of beer, and paid for it before they drank it. Read ask'd leave to go backwards. I shew'd him the way, and went out to fill a pail of water. I saw him come out of the wash-house; he left the door a-jar; they drank the beer, and went out; I went into the wash-house, and miss'd the plates; I told Degoe Arnis, who stood at White-chapel prison-gate, one of those men had stolen four plates from our house. They were all together.

Q. Did they walk gently, or did they run?

Wright. They were going slowly along; I shew'd him Read; he stop'd him; there was another person with Arnis, and, by his assistance, they were all four taken. Then I went and call'd my mistress up, and did not see the plates found.

Degoe Arnis. I am a turnkey belonging to White-chapel gaol; I was smoaking my pipe at the bench at the door that morning the four prisoners were coming along; they stop'd, and had a halfpenyworth of milk of a woman in the street. When the milkwoman and they parted, they said we'll all go together to the Cock, there we'll make our chance. After they were gone in, I went there to see what they would be at; and called for a dram. There were three of 'em sitting on a bench in the house, with a full pot of beer; presently Read came out of the parlour.

Q. Do you know the wash-house ?

Arnis. I do; they go through the parlour to go into it. I was called to let some people into the prison; so went away. Presently after the girl call'd to me, and said, she had been robb'd of four plates by these persons. I stop'd them all four; I took them between the two gates of the prison, and search'd them; I felt the plates in Read's breeches behind; and he put his hand behind him and took them out, and laid them down on the table.

Warner's defence.

Davis and I were going for some cattle to Mild-end; we met Barker and Read; they ask'd us if we would be three halfpence towards a pot of beer; so we agreed, and went into this house and call'd for a pot. As soon as we came out of the house, the maid call'd, Stop thief. We all stopt directly. I did not know that Read had got any thing. We surrendered to Degoe; he took us into the court; after we had been there a little while I saw the plates lying on the table; I don't know who laid them there.

Barker's defence.

I belong to the Borough-court, and have some years. I was coming to White-chapel, to a man that was in trouble; I happened to meet these other persons; we went into a publick-house, and had a pot of beer. This evidence came in while we were there; Read went backwards; after that we all went out; they call'd, Stop thief; and Degoe stop'd us, and push'd us into the lodge; in about a minute after we were there, I saw the plates lying; but know nothing who laid them there.

Read. I can say no more.

All four Guilty .

[Warner Barker Davis:Transportation. See summary.]

[Reed:Branding. See summary.]

273. (L.) John Barry was indicted for stealing two guineas, one moidore, one shirt, value 10 s. the goods and money of John Gutteridge , in the dwelling-house of the said John, June 15 . ++

John Gutteridge . I am a Brushmaker , and live at the corner of Long-lane, West-Smithfield ; the prisoner was my journeyman . On Saturday the 14th of June, in the evening I went out of town, and left the prisoner at work in the shop; and the money and shirt mentioned were lock'd up. I returned on the 16th; I found my till below-stairs broke open, and the things above stairs tumbled about; and upon missing the shirt and money I took up the prisoner.

Q. Did he lie in your house?

Gutteridge. No; he did not, except that night, according to his confession. He confessed he secreted himself in my house over-night, and lay there till Sunday at noon; when my people were all gone out; and then he took the things.

Q. Where did he confess this?

Gutteridge. Both at the Ram-inn, and before Sir Charles Asgil .

Mr. Pool. I was with the prosecutor and prisoner at the Ram-inn, and heard the prisoner confess, that he secreted himself in his master's house on Saturday-night, and lay there till Sunday at noon; that he rob'd him of a moidore, two guineas, and eighteen-pence, and a shirt; and he delivered what money he had left back again.

Prisoner. I am an Irishman, a stranger in this country. I leave it to the mercy of the court.

Guilty 39 s.

[Transportation. See summary.]

274. (L.) Sarah, wife of John Radshaw , otherwise Sarah Radshaw, widow , was indicted for stealing one silver watch, value 40 s. the property of John Walker , May 27 . ++

John Walker . On the 27th of May I was in the fields going to Stepney, with the prisoner. We lay upon a hay-cock together.

Q. Was you acquainted with her before?

Walker. I have known her 16 or 18 years; we were neighbours children.

Q. How long were you together that night?

Walker. From 11 over night to 3 the next morning. I had turn'd the chain of my watch within-side my breeches, when I lay down. When I awaked about 3 o'clock I was all alone, and found my watch was gone.

Q. Was any other person with you?

Walker. No; we were by our two selves. I took her up in the Minories about 5 o'clock that night. She would not confess she had it.

Jos. Collet. I am constable; I was sent for to a publick-house; the prosecutor there charged me with the prisoner, for stealing his watch. I went out and got a watchman; and going along she said she wanted to ease herself. I bid the watchman be modest, and let her sit down. After that she said she wanted again; and after that again; and made a halt each time. Then I suspected she had the watch about her, and wanted to shift it. As we were bringing her through Aldgate she gave her cloaths a shug up; the watchman then put his hand into her bosom, and took out a watch. (Produced in court, and deposed to by the prosecutor.)

Lee, the watchman, confirmed the constable's evidence.

Prisoner's defence.

I'll take my affidavit I never saw a watch upon the prosecutor; I found that watch lawfully; and when he challenged me with it, I did not think it was his watch; for he could neither read or write.

To her character.

Elis. Studd. The prisoner is a poor honest child, and gets her living by buying old cloaths.

Sarah Dyer . I have known her from a very little girl; I never heard of any fault she ever did.

Mary Read . I knew her before she was half a year old; she is my brother's child; I never knew her in any scrape in my life, in any way of robbing.

Guilty .

[Transportation. See summary.]

275. (M.) Frances Palser , spinster , was indicted for the murder of her female bastard child . She stood likewise charged on the coroner's inquest for the said murder, June 6 .*

Anne Dickerson. I am servant to Mr. Hopsore at Highgate, and have been two months this day. The prisoner was my fellow-servant ; she had lived there about 12 months before me; I took her to be dropsical the first day I saw her; she and I used to lie together. I went to bed on the Thursday-night yesterday was month, and whether she came to bed to me or not I can't tell. I awoke at 5 in the morning, and went down without dressing myself to the clock in the hall, to see what o'clock it was. There I saw her. I ask'd her how she came to be up so soon? She said she was not very well, and was coming up to lie down again. I went into bed, and presently after she came up, and lay down by me with her cloaths on. She desired me several times to get up, between 5 and 6, and said she was not very well. I got up about six. She asked me to get her something to drink; and said she was very ill. I said I wou'd make her some mint and balm tea, She said she could not drink it. I said I would get her any thing else. She said she had made herself some caudle, but it was too thick. I ask'd if I should make her any better? She said she did not care if I did. I made her some, and carried it to her. When I went down I was surprised to find the doors open.

Q. What doors?

Dickerson. The kitchen door, the necessary-house door, and a door behind it. I went into that place behind the necessary, and look'd about, and miss'd some brickbats out of it. This gave me a suspicion that her distemper was not dropsical, but otherwise; for I saw something about the kitchen that was not there before.

Q. What was that?

Dickerson. I saw some blood about. She drank the caudle, and lay there after my mistress was got up.

Q. Did you say any thing to the prisoner of your suspicion when you carried her up the caudle ?

Dickerson. No; I did not. After she had drank it, I went down into the kitchen again; then I went up to her again, and ask'd her how she did? She said she was no better. Then my mistress rang the bell. This was about 7 o'clock. She ask'd me what o'clock it was: I went and told her. She rang the bell again about 8, and ask'd for the prisoner, who was her own maid. I told her she was very ill, and could not come down. My mistress got up, and went up to see her, and I with her. She told us she was very ill. My mistress came down stairs, and mull'd her some wine, and sent it up to her. I shew'd my mistress what I had observ'd in the kitchen as soon as she went there. After that my mistress sent to Mrs. Haines, a neighbour, to know what was good for her. Mrs. Haines came, and went up to her. When she came down, I told her what I had seen in the kitchen; then she said she thought there was something more than what she had told her was the matter with her; and ask'd me if I had look'd in the necessary? I said no. Sometime after that I look'd down there, and saw some brickbats down in it, and told my mistress of it; and in the afternoon the child was found there; but I was above-stairs when it was found.

Cross examination.

Q. Where did you see this blood?

Dickerson. Some on the hand-towel, some on the ground, and some on a piece of flanel.

Q. Did you hear her call in the necessary-house?

Dickerson. No; I did not. I slept very sound.

Q. Was there any impression in the bed where she lay?

Dickerson. I could not tell; for I got up in a flurry upon missing her.

Q. Do you know of any preparation she had made of child-bed linnen?

Dickerson. No; I never saw any.

Barbara Walton . I was sent for to Mr. Hopsore's on the 6th of June, about 8 at night, as near as I can guess. I went up to the prisoner, and found her upo n the bed, and asked her how she did ? She made me no answer.

Q. Did she know you before?

Walton. No; I never saw her before. I examined what was the matter with her, and told her she'd had a child.

Q. Had you been shew'd any thing in the kitchen?

Walton. No; I had not then.

Q. Are you a married woman?

Walton. I am a widow, and a midwife. I asked her where the child was? She said I sentenced her very hard. I said she'd had a child; and bid her tell where it was. She said she'd had none. I told her I was sure of it; and if she had not, there was all that belong to a child with her. Then I went down, and told her mistress there was a child somewhere; and we imagined it to be in the necessary-house. Her mistress took a candle, and went along with me there, and look'd down, and saw a parcel of brickbats there. We called the next door neighbour. He and his man came to search it. I went up to the prisoner, and had finished all there. When I came down, there lay the child by the hall door. I wrap'd it up, and carried it to the prisoner, and bid her look at it, and see what a fine child there was. She looked at it, but said nothing.

Q. Was this child at full growth?

Walton. There is no certainty as to that; it had nails on its fingers, and hair on its head. I thought it was at full growth.

Q. Was it male or female?

Walton. It was a female child.

Q. Was there any experiment made in your presence, to know whether it was born alive?

Walton. No; there was not.

Q. Were there any wounds on it?

Walton. No; no more than what the brickbats had made. There was a little wound on the arm, another on the thigh, and the head pretty much bruised.

Q. Do you think it was born alive?

Walton. There is no certainty as to that.

Cross examination.

Q. Is it not common, when child-bed pains are coming upon a woman, to have a tendency of going to the necessary-house ?

Walton. Yes; very often.

Q. If she had been drawn to the necessary-house by these pains, might not this child suddenly slip from her?

Walton. It is very possible.

Q. From the appearance of the child, how long might it have been born, do you think?

Walton. About 14 hours.

William Walden . I was sent for to search the necessary-house. I went with my servant, and was present after we had taken up the floor. When he took the child out of the necessary-house, we laid it upon the steps going into the hall door. Mrs. Walton had a pail of water fetched, with which the child was washed; then she took it up stairs.

Benjamin Colebourn . I am a surgeon. The prisoner being ill, I was sent for. I inquired of the mistress, and the first evidence; and suspected there either had or would be a labour. I ask'd the prisoner a few questions; and told her she should send for a midwife. She told me she had no business with a midwife. I told her there was something in her body that wanted to be fetched away, or she would die before morning. Then she consented. I told her, after the midwife had been with her, I would order her what was proper; but before she had been with her, I could not order her any thing. After the midwife had been with her, she came and told me she'd had a child. Then I ordered her something; and the next day I saw the child in the prisoner's room.

Q. Was the child at full growth?

Colebourn. It was as much as I can judge of a child.

Q. Why was not the experiment made on the child's lungs?

Colebourn. The coroner asked me whether I thought the child was born alive? I said it was very difficult to distinguish that. After that he said, will you try the experiment upon the lungs ? And there was water brought up. I asked him what he did expect upon that? He said, for me to give a final answer, whether it was born alive or not. Then I declined it, as looking upon it not conclusive.

Cross examination.

Q. Have you ever known a case where the child has been at full growth, and has been stillborn ?

Colebourn. I have, many.

Q. Have not women always a tendency to go to stool when in strong labour pains?

Colebourn. The major part have: I believe 18 in 20.

Q. Might not that be a reason of her going there?

Colebourn. I can't say what were her reasons.

Prisoner's defence.

I had occasion to go to the necessary-house, between 4 and 5 o'clock; the clock struck five while I was sitting there. There I had an uncommon pain took me, and the child dropt from me; and I sat there some time before I could stir. I had some child-bed linen, which I made in my spare time; and I had sow'd it into my quilted petticoat by my side. I called when my pains came upon me, but could not make any body hear me. The reason I did not let my child-bed linen be seen, was this; I had lived with my mistress a year and a quarter, if I had staid till the 13th of the last month; and I had no money to support me in my illness, without I had staid my quarter up; and if I had let my case be known before, I should be turn'd away, and not have that quarter's wages.

To her character.

Fra. Hathey. I have known the prisoner from a little child. We were both born at Wooten-underhedge in Gloucestershire, from whence she came about a year and an half ago. I lived over-right against her. The children there were as fond of her as possible, and she seemed to take as much delight in pleasing children. Of all that ever I saw of her I should be far from thinking her guilty of doing a murder.

Mary Hathey . I have known her 20 years in Gloucestershire. She always had the best of characters. I really think she would not be guilty of killing a child.

David Rice. She lived at my house, when she was in Mr. Hopsore's service, fourteen months. She behaved very well during that time.

James Rice . I have known the prisoner sixteen years. I came from Gloucestershire. She bears a general good character there. I never heard she was suspected of any ill thing. She is of a very good disposition toward children. I have reason to believe she would not be guilty of such an action as she is charged with.

Mary Whithouse . I have known her thirteen months. I live an opposite neighbour to Mr. Rice, where she lived. I always took her to be a very sober girl.

Richard Mason . I have known her about two years. She had a universal good character by all that knew her.

Elisabeth Pember . I lived in the house with her at Mr. Rice's. We always thought her a very sober body; far from a cruel disposition.

Anne Siden . I live next door to Mr. Rice. I have known the prisoner about fourteen months. She was always a pretty behaved body. She has taken my children out of my arms and play'd with them. She had a universal good character.

David Rice again. I am an apothecary. I remember an instance of the like kind: The midwife was playing at cards, and the woman was suddenly taken, and dropt the child suddenly on the floor; that child had nails on its fingers, and hair on its head.

Acquitted .

276. (L.) John F - I was indicted for stealing one silver watch, value 30 s. the property of John Beaumont , May 26 . ++

John Beaumont . I live at Cripplegate . The prisoner was my journeyman some years. I had hung my watch up by the chimney in the kitchen, on the 27th of May, and it was gone the 28th. I charged the prisoner with taking it, and he owned he had taken it, and went to pawn it. And it was found, by his directions, at Nathaniel Warner 's, a pawnbroker in St. John's-street.

Nathaniel Warner . The prisoner brought this watch to me the 28th of May, between 7 and 8 in the morning. (Producing one deposed to by the prosecutor.) I asked him whose it was? He saip another person and he had been drinking together, and it was that other person's; and they wanted some money upon it to make good the reckoning. He was then in liquor. I ask'd him where the other person was? He said at a publick-house. I bid him go and fetch him. He went away, and I saw no more of him; but I desired to know the person's name. He mentioned Mr. Beaumont's name; by which means it was found to be the prosecutor's property. I found Mr. Beaumont's house; and ask'd him if he had lost a watch? He said he had. Then I gave him directions where to call upon me; and he came and own'd it.

Guilty .

277. (L.) William Sparks was indicted for stealing nine pounds and three quarters weight of pewter , the property of Sarah Mathews , widow , May 29 . ++

The prosecutrix is a pewterer , the prisoner used to turn a wheel for her; he went with the pewter mentioned, to sell it at the house of Mr. Stevens, a pewterer in Bishopsgate-street, and was detected. The pewter (produced in court) and deposed to by James Gibbs , a servant to the prosecutrix, as her property.

Guilty .

[Transportation. See summary.]

278. (M.) Elizabeth Windall , spinster , was indicted for stealing one 36 shilling piece , the property of William Blackemore , June 15 +.

William Blakemore . I live in Shadwell ; I have known the prisoner ever since she was an infant. On the seventeenth of last month, Nathaniel Holmes , and William Adams , came to my house; and Holmes told me, he had something particular to say to me; but could not tell me then, but would come the next day, which he did; and told me, the prisoner had robbed me; the prisoner and her mother had been used to be trusted about our house for years. I got a warrant and took her up, and carried her before justice Berry, she confessed she stole a 36 s. piece from me on the fifteenth of June; and had spent some at one place and some at another.

M. Blackemore. I am wife to the prosecutor; the prisoner came the fifteenth of June to my house; I had put a 36 s. piece the day before into a drawer, and there was nobody went into the room but she, and I had lock'd the door; but when I went to see for the 36 s. piece it was gone. I had not told my husband of it, for I do not always tell him where my money is. When we were told this by Mr. Holmes, we got a warrant, and took up the prisoner, and she owned to me in her mother's house, she had taken it out of the drawer.

Nathaniel Holmes . The prisoner lives in the same house which I do; she and Mary Spencer , had some words; I heard Spencer say to her, it was only going to Mrs. Blackemore's, and then you can have a guinea, or a 36 shilling piece to change at pleasure. I went and told Mr. Blackemore this, and she was taken up. I heard her confess she opened the lock with a crooked nail, and a pair of scissars, and took a 36 shilling piece out, and had spent it.

Mary Spencer . I have known the prisoner from a child; I had used to go and sit with my work with her; her mother goes out a nurse-keeping. She used to get me to go of errants for her, I think it is three weeks ago last Sunday, she sent me to the grocer's for some tea and sugar, and gave me a 36 s. piece to change; I went and brought her the things and change. In the winter her mother was lame; she told me her daughter had found some money, and had lodged it in some particular person's hands, and used to fetch it as she wanted it.

Q. Did you hear her say in whose hands it was?

Spencer. No, I did not; but she said, if it was not for her daughter, she must have starved in the winter.

William Adams . I have known the prisoner five or six Years; I was the headborough, that served the warrant upon the prisoner; I heard her confess before justice Bury, that she took the 36 s. piece out of the drawer, which she opened with a nail, and sent it to a grocer to change and it was all spent.

Q. Did she say in what it was spent?

Adams. No, she did not.

Prisoner's defence.

I do not know what I said, I was so affrighted.

Guilty .

[Transportation. See summary.]

279. (M.) Frances, wife of William Norris , was indicted for stealing twenty yards of lace, value 40 s. the property of William Vale , privately in the said William, June 13.*.

William Vale . On Friday the thirteenth of June last, the prisoner was at my house in Tavistock-street , I was not within at her taking the lace; but I saw them taken from her by William Cheively , they were hanging on her arm, with her apron turned over them (producing three pieces.) These are them, they are my property; and were made near Newport-pagnell, Buckinghamshire.

William Cheively . I live next door to the prosecutor; I took these three pieces of lace from the prisoner, about two or three in the afternoon, on the thirteenth of June.

Q. did you see her take them?

Cheively. No, but I saw Mr. Vale's servant come by my door, and hip to the prisoner, who was going from his shop. She stopped, he said now madam I have catched you; he brought her back to his master's door, I followed him, he desired to know what she had got under her apron; she unturned it from over her arm, there I saw these three pieces of lace, and took them; she seemed to be in a great confusion, and denied the taking the lace, and said; a woman had thrown it into her lap. I put my seal upon them, after I had put them in a paper, and they have not been opened till I came into court.

John Timothy Swanson . I am journeyman to the prosecutor; the prisoner came to our shop to buy some lace; I shewed her some, I saw her take two of the pieces, and suffered her to go out of the shop about ten yards; then called her back, and we found three pieces upon her, all my master's property. She was taken before the justice, there she told me a woman had thrown it into her apron.

Q. to Mr. Vale. What is this lace worth?

Prosecutor. It cost me upwards of 4 l.

Prisoner's defence.

I am very innocent of the Affair, I know no more of it, than the child unborn.

To her character.

Elisabeth Stokes . I have known the prisoner six or seven years; as to this, I have nothing to say to it, but I never heard any harm of her before.

George Mabbs . I have been acquainted with her ten or a dozen years; she is very honest, and very good for what ever I heard.

Fra. Brittain. I remember her twenty five years.

Q. Have you known her lately ?

Brittain. I have.

Q. What is her general character ?

Brittain. I never knew any harm of her.

John Smith . I have known her two years, I never heard any thing ill of her in my life.

Guilty of stealing, but not in the shop .

[Transportation. See summary.]

280. (M.) Mary Flood , widow , was indicted for stealing four yards of Irish linen cloth, twelve Italian artificial flowers, four sleeve buttons, one fan, three japan saticeers, one china cup, one china bason, one silk purse, two 36 s. pieces and six guineas, the property of Thomas Turner , in the dwelling house of the said Thomas, June 2 . ||

The prosecutor deposed, he had been drinking in company, and returned home merry, not drunk, on the second of June, at about a quarter of an hour after 11 at night; that he pulled out his green silk purse, in which was about 16 l. to take out 3 d. in order to send the prisoner, his servant, for a pot of beer. The prisoner said, the ale-house people were gone to bed, then he declined to send; that she told him all his other servant were gone to bed; that he went to bed, and put his breeches under his head, with that Money in them. That the prisoner bid him a good night, and took away the candle. That about four in the morning, the prisoner come into his room; he asked her business, she said she came for some foul linen to wash, he went to sleep again, and slept till between seven and eight. When he came to put on his breeches, all his money and purse was gone, and the breeches were removed from under his head, and were lying by him upon the bed; that he charged her with robbing him; she denied it; he opened her box, and found the other things mentioned in the indictment; all which he deposed to as his own property, except the linen. That he had not laid the whole of the money in the indictment, but only such pieces as he could swear were in his purse.

The prisoner in her defence said her master had presented her with the other things, and denied knowing any thing of the money.

Acquitted .

281 Barnaby Horne , otherwise Horan , was indicted, for that he, being a subject of Great Britain, on the 13th of August, in the 26th year of his present majesty's reign , with force and arms did procure Alexander Plunket , who being at that time a subject of our sovereign lord the king, to inlist and enter himself into the French king's service as a soldier, he being a foreign prince, without leave or licence first obtained, &c. He was charged a second time for unlawfully retaining him the said Plunket, with intent to cause him to inlist or enter himself to serve the French king. He was charged a third time, for that he did feloniously procure the said Plunket to embark on board a certain ship or vessel, with intent to be inlisted to serve the French king as a soldier . +

Alexander Plunket . I am an Irishman .

Q. What is the prisoner?

Plunket. He is an Irishman , as he told me.

Q. When did you first come acquainted with him?

Plunket. About three years ago, I came to England, and met one Feilder in Wapping, and he and I went to the prisoner's house to drink a pot of beer.

Q. Where did the prisoner live?

Plunket. He kept the Ship on Tower-hill. Feilder called for a pot of beer; the prisoner came and sat down near us, and asked me if I was his countryman? I said I was an Irishman, he said so am I too; he asked we what trade I was? I said I am a dyer; he said that was a good business here, take care of yourself, and keep-out of bad company. Feilder went away, and said now you know where to find me again if you want me: then the prisoner said he knew a young man that wanted such a young fellow as I, and he had very good business in hand.

Q. Did you ask him who that person was?

Plunket. I did, and he said it was himself; then he said, how would you like to go a smuggling? I said that is dangerous business; he said no not at all, it is not to bring things here, but to go with things that are to be sold in another country. I said it is a dangerous business, and I had no money to go on with it; he said he had money, and I might be back again in eight or nine days time; and he would give me what I demanded; if I did not like it I might do as I pleased. Upon that I consented to go with him; saying, if I shall be back in that short time I will go along with you. After that he said, you seem to be melancholy, are you sick? I said no; said he, may-be you have no money, and flung down 5 s. I said I had enough for my business at present; he said put it in your pocket, that will do you no hurt. The next morning he and I went on board a Gravesend boat to Green-hithe, there we staid drinking together best part of the night.

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 2d, Thursday the 3d, Friday the 4th, and Saturday the 5th of JULY.

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

LONDON:

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

[Price Four-pence.]

THE PROCEEDINGS ON THE

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

Q. WAS there any body with you?

Plunket. No.

Q. Who paid the reckoning there?

Plunket. He did, I paid nine-pence for the boat; he would not let me pay for any thing else. We set out a little before nine in the morning, and walked to a house, the sign of the George, on this side Canterbury that night.

Q. Who paid the expences that night?

Plunket. I paid nothing.

Q. Did the people ask you for any thing?

Plunket. No, they did not. When we were just going into Canterbury, he told me I had best not to walk with him, fearing we should be taken up. I said why so? He said it was a very exact place; so then he walked on before me, and I after in sight of him. When we got out of the town, I got up to him again; then we went to Dover, to the sign of the city of Calais, and lay there that night.

Q. Who paid the expences there?

Plunket. He did. When we were there, the captain of the ship came in and said, if there was any passengers to go over the water, he came to let them know he would sail the first fair wind in the morning. The prisoner desired me to go on board to get a good place, and said he would be on board a little after me, which he did with some other passengers. We had a fine gale, and about three hours passage were in Calais. We went to a public-house; he desired me to call for any thing I liked, and said he would soon be in again; saying he wanted to speak with a man in another room.

Q. Did he come soon to you?

Plunket. No, he did not come till after dinner. As soon as dinner was over, there came an English woman from that room, and said to me, my lad, are you the man that came with that gentleman that I dined with in the parlour? I said I am; she said could not you get bread at home? I said I shall be at home again in two or three days; said she, I do not think that; I said why not? she said you are sold, take care of yourself. Upon that I went into the room, and called the prisoner, and said I have something to say to you; take care, you are going to play some roguish trick with me; I came here to behave with honour, do not serve me so, I hear you are going to sell me: he bid me content myself, there was no such thing; he bid me go back to my seat and call for any thing I wanted.

Q. Was he alone in that room?

Plunket. No, there was one Capt. Fitzpatrick that belonged to general Ruth's regiment, an Irish brigade. After that he came and called me in; I went, and the captain said, your servant Mr. Plunket, how do you do? pretty well sir said I, I thank you; he said you will stay here now and serve in the capacity of a soldier among your countrymen; I said I would never be a soldier at all, but if I am, I will never be one here; he said you had better be one here, for you will have shoes, stockings, shirts, and every thing, and have nothing to pay.

Q. Was the prisoner by at the time?

Plunket. He was, I told him I would be no soldier; said he, this gentleman (meaning the prisoner) has brought you in order to be a soldier; I asked the prisoner if it was so or not? the prisoner said, my lad, it is, I brought you on that footing here to serve, and you are inlisted in Capt. Fitzpatrick's company in general Ruth's regiment, and you will be used well, and he is one of the best captains in France. I said I will be no soldier at all; then he said you know very well that I gave you 5 s. in order to inlist you for the French service, and paid your expences at Dover, and paid your passage besides. I said, do not leave me here, but bring me home to my own country again; he said I cannot do that, for you are inlisted in that gentleman's company, and serve you must; I said I will give you what money I have, which was 6 or 7 s. and the rest of the expences you have been at, when we get home, and still said I would not serve at all. Then the captain came and spoke very rough to me, and said, my lad, I paid a deal of money for you, and serve you must.

Q. Who did he say he paid the money to?

Plunket. He said he paid it to the prisoner; he said I must serve him six years one way or the other, either in a dungeon, where I must see neither sun, or moon, or stars, and live on bread and water, or otherwise serve in the regiment, and live like other people in a handsome way, and be taken care of. I seeing I could not help myself, told him I would serve in the regiment; then I was sent to the regiment at Dunkirk.

Q. How was you sent?

Plunket. There was a serjeant there, and I went along with him.

Q. How long did you serve in that regiment?

Plunket. I staid there till the 11th of last April, then I deserted, and went to Ostend to the British consul there, and told him my case, and he sent me to Dover on board the packet.

Q. How long did you serve there in the whole?

Plunket. I should have been three years there if I had staid till the 10th of next August; when I came to Dover the people came about me, they were a press-gang, and said I should go on board a ship; I said I wanted to see the mayor, the mayor was sent for, and I told him my case as I have here; he had business, and said he would speak with me another time; and after he was gone I was sent on board a ship, and kept there thirty three days, till I was sent for by the government, then I came up to London in a tender, under the care of a lieutenant, and he delivered me at Sir Thomas Robinson's office; there I was examined, and then sent to the house of a messenger, and have been there ever since.

Q. Did you tell the same there as you have now?

Plunket. I did.

Q. What is become of Feilder?

Plunket. I have inquired after him, and all the account I can get about him is, that he is gone to France as I did.

Q. from prisoner. Look in my face, and see whether you ever saw me before?

Plunket. I have, I am sure this is the man that keeps the house on Tower-hill, and took me to France.

Cross examination.

Q. Where was you born?

Plunket. I was born in Arthby in the county of Meath.

Q. Had you ever been in England before?

Plunket. No, this was the first time.

Q. Did any body come with you then?

Plunket. There were three or four more came when I did.

Q. Were any of them along with you at the prisoner's house?

Plunket. No, none of them.

Q. How many days had you been in London before you went to the prisoner's house?

Plunket. About ten days.

Q. Did you ever see the people that came over with you since you came over?

Plunket. No, I have not, they were labouring men, and they went to work.

Q. Why did not you go with them?

Plunket. Because I expected better?

Q. Why did you not go to work with them till you could get better?

Plunket. Because I expected soon to go to work.

Q. Did you meet any body between Winchester and Dover?

Plunket. No, no body at all.

Q. Did you meet with any of your countrymen in the packet?

Plunket. No, none at all.

Q. Did any of the people in the packet ask you your purpose in going to France?

Plunket. No, none of them did.

Q. When the prisoner gave you the crown, had he talked of entering into any foreign service?

Plunket. No, he had not.

Q. Had you any imagination yourself of entering into a foreign service when you took the crown?

Plunket. No, I had not.

Q. Then you did not take it as inlisting money?

Plunket. No, I did not, he told me he gave it as such afterwards, when in France.

Q. What was that given you for?

Plunket. He said there is a crown for you, maybe you have no money. I said I had some, he said take it and put it in your pocket.

Q. What did you expect it was for?

Plunket. I expected it was given me as a gift.

Q. Did you receive it as a gift?

Plunket. I did, he said he would not put it in his pocket any more.

Q. When did you come back to England?

Plunket. I went out of Lisle the 11th of April; but cannot tell what day of the month I came to England.

Q. How came you to Lisle?

Plunket. We were quartered there. I deserted from thence.

Q. How long was you going to Ostend?

Plunket. I got there in about four days, and the very day I came there, the consul sent me on board for England.

Q. Was not you in England about a twelve-month ago?

Plunket. No, I was not.

Q. Was you never in England from the time you gave an account of going to France, till the time you say you came from Ostend?

Plunket. No, I was not.

Q. Did you see the mayor of Dover?

Plunket. I did.

Q. Did he take an examination of you?

Plunket. He did.

Q. What did he order you to do?

Plunket. He said he would see me again; but when he was gone, they sent me on board a ship.

Q. Did you tell any of the press people what you was going to London about?

Plunket. I did, the constable and press-gang too.

Q. What year was it you went to the prisoner's house at the sign of the Ship?

Plunket. I went to his house August 1742.

Q. Are you sure it was the sign of the Ship?

Plunket. I am sure it was.

Counsel for the crown. Is there not much difference between wages paid to a dyer, and to a labouring man?

Plunket. Yes there is.

Q. from prisoner. Where abouts is my house on Tower-hill?

Plunket. It is within two or three doors of the corner as you go up Tower-hill. He had an old man in his house then, that served as a drawer.

Q. from prisoner. Whether it was not with intent to get clear of the press-gang that he discovered this?

Plunket. No, it was not.

Q. from prisoner. Had not you sore legs at that time?

Plunket. No, I had not, my legs never swell'd.

Prisoner's defence.

I never was in France in my life.

For the Prisoner.

Anne Philips . I want to see this man (she looks at Plunket) I know him very well

Q. Was you ever acquainted with him ?

Philips. I was in February and March was twelve-month.

Q. Where?

Philips. In Ratcliff highway at my own room.

Q. Do you keep a public-house?

Philips. No, I do not.

Q. Have you seen him often ?

Philips. I have seen him part of February and part of March was twelve-months once a day, but I cannot say what days; I will not say every day, but I saw him frequently.

Q. Did you see him after that?

Philips. I met him since in Stepney fields once, and when I saw him in Hicks's-hall, I said I knew that man.

Q. How came you to know him?

Philips. I had been in Soho-square about moving an R. I went the back way home, and met with Mrs. Horan, and went with her to Hicks's-hall, and said Lord I know that man.

Q. What was the occasion of your seeing him often?

Philips. Mrs. Macdaniel lay along with me; she brought him home to my room with her one night at about eight or nine o'clock, he had been used to come to see her every day.

Q. Are you sure this is the man?

Philips. Upon my word he is the man.

Court. You are upon your oath

Philips. Then upon my oath and all.

Cross examination.

Q. Where do you live?

Philips. I live next door to the Hercules-club in Ratcliff highway.

Q. Which way was it that the prisoner came to know you was acquainted with Plunket?

Philips. As I was coming back from Soho-square, I met with Mrs. Horan, the prisoner's wife. I said how does yours go on? she went to Hicks's-hall, there I saw Plunket, and said Lord, that is Macdaniel's friend that used to come to my house.

Q. Are you sure he used to come to your room ?

Philips. Yes, I am.

Q. What day did you see him at Hicks's hall.

Philips. It was on the Wednesday.

Q. When had you seen him last before that?

Philips. I had not seen him before, since the latter end of April was a twelve-month, when I met him in Stepney-fields.

Q. Was it not in last April?

Philips. No, it was not.

Q. from prisoner's council. What is Mrs. Macdaniel ?

Philips. She is a child's coat-maker.

Q. Where is she?

Philips. She is here in court, she was subpaena'd.

Q. What business do you follow?

Philips. Why I follow to get bread if I can. I lost my husband in his majesty's service.

Q. To get bread if you can, by what employment?

Philips. I work with my needle; I quilt; I make-leather pockets, and so.

Q. What business was Plunket in?

Philips. I cannot tell what business; he used to tell us he was one time going to sea, one time a dyer, and one time one thing, and one time another.

Council. If you was so intimate with him, that acquaintance could not be kept up by an idle man.

Philips. I cannot tell what business he followed, he used to tell me he was going on board a ship; sometimes I have given him a breakfast, sometimes a dinner, in regard to his name, because I know a great many of that name. I have no reason to come here for Mr. Horan, for I never changed a halfpenny with him, or earned a halfpenny of him.

Q. Was Plunket ever with you alone?

Philips. Sometimes he was, and sometimes with Mrs. Macdaniel.

Q. What alone?

Philips. No, she is no woman of that kind.

Q. Who has been there when he has dined and breakfasted with you?

Philips. Sometimes Mrs. Macdaniel, and sometimes my landlady.

Q. What is your landlady's name?

Philips . Her name is Lewis, William Lewis 's wife.

Q. What brought Mrs. Horan to Hicks's-hall?

Philips. I do not know.

Q. Did she ask you to look at that man?

Philips. No; she did not.

Q. Had you no talk about him ?

Philips. No; we had not a word about him. I then knew nothing of this, no more than a child.

Q. Where does Mrs. Lewis live now?

Philips. She now lives next door to the Hercules's-club.

Q. to Plunket. Look at this witness; do you know her?

Plunket. I don't know her at all. There is a man that was in the regiment in France with me; he lives at the King's-head in Finch-lane.

Q. What is his name?

Plunket. His name is Locklen Bourne.

A messenger is sent for him.

Margaret Macdaniel . I knew Plunket on the first of February was twelve-months. I came acquainted with him by a young man, one Mackey.

Q. Did you ever see him before that time?

Macdaniel. No; I never did.

Q. How came you acquainted with him by Mackey.

Macdaniel. Mackey and he were acquainted together. Mackey was my sweetheart.

Q. Look upon him; are you sure this is the same man?

Macdaniel. I am positive this is him.

Q. How long was you acquainted with him?

Macdaniel. I was acquainted with him from the first of February, till March last was twelve-months.

Q. Where do you live?

Macdaniel. I live in Ratcliff highway, next door to the Hercules's-club.

Q. Where does this woman, that was examin'd before you, live?

Macdaniel. She lives in the same house with me.

Q. What is your business?

Macdaniel. I am a child's coat-maker.

Q. Did you ever hear what business Plunket is of?

Macdaniel. He several times said he was a dyer. Mackey desired him to go to sea, but the press breaking out, they both absconded upon that account. I met him once, and drank with him in Broad-street, and left him drinking there, till I went in at Mr. Williams's, and brought out my money.

Q. Are there any people here that know you?

Macdaniel. There are a great many that do.

Cross-examination.

Q. When was this press you speak of?

Macdaniel. Last February was twelve-months.

Court. Take care; is that true?

Macdaniel. It was pretty hot; Mackey was forced to leave his ship, and walk by land.

Q. to Plunket. Was you ever acquainted with a person named Mackey?

Plunket. No; I never was.

Q. Do you know this woman?

Plunket. I never saw her in my life before, to my knowledge; I have a witness coming, that will prove I was in the regiment last Christmas.

Q. Who did you tell this story to, that you knew Plunket ?

Macdaniel. Mrs. Philips said your old acquaintance has swore against Mr. Horan, he that used to come with Mr. Mackey.

Court. Does any body in this court remember whether there was a press in February was twelve-months?

James Cadwould (a voluntary witness.) I am an agent in the navy; I believe there was a press much about February was twelve-months. There were about 900 or 1000 men impressed in one night, to man, I think, three of the king's ships that were sent to the Indies.

John Merryman . The prisoner keeps a public-house within one hundred yards where I live, the sign of the Ship.

Q. What is your business?

Merryman. I deal in wine and brandy. I always found him an honest man in all his dealings. I generally saw him once or twice a day, till he was confined.

Q. Did you ever hear of his being in France, or out of the nation.

Merryman. No, I never did; his character is very good.

Q. Did you know him three years ago?

Merryman. I did.

Q. Did you ever miss him about that time?

Merryman. No: I did not.

Council for the crown. Might he have been in France, and you not miss him?

Merryman. He might, for what I know.

Q. How long have you known him?

Merryman. I have known him 7 years, I frequently call'd at his house to see if any thing was wanting. He was my customer before he was taken up.

Q. Did he, 3 years ago, keep the Ship or the Dublin-castle ?

Merryman. I can't tell; but, to the best of my knowledge, he kept the Dublin-castle.

Council for the crown. Do you think, if he had gone to France on such an errand as he is charg'd withal, would he have told you of it?

Merryman. I do not know that.

Mr. Willis. I am an out-door clerk to Mrs. Parsons. I have known the prisoner about two years; he buys beer of Mrs. Parsons; I never heard any thing to his prejudice; he bears a fair character at our house. I look upon him to be an honest man, to the best of my knowledge.

James Duffey . I have known him 8 or 9 years. I live within hundred yards of him.

Q. What is his general character ?

James Duffey . His character was always good; I never heard any thing to the contrary.

Q. Did you know him about 3 years ago?

James Duffey . I did.

Q. Had you used to see him frequently there?

James Duffey . I saw him there every day in my life.

Q. Did you ever miss him for a day or two together ?

James Duffey . I never missed him for 24 hours together this 7 years; and I believe, if ever he went to France in this 7 years, he must go there and back again in 24 hours. I could not miss seeing him every day, because I live in the same street.

Cross-examination.

Council. Then no person in your street can be absent, but you know of it?

James Duffey . There are some people in our street that I do not know.

Q. What is your business ?

James Duffey . I am a tobacconist.

Q. Does the prisoner and you trade ?

James Duffey . No; I never traded with him.

Q. Have you not been 24 hours out of London these 7 years?

James Duffey . No; I have not.

Q. Was you never one night out of your own house within these 7 years?

James Duffey . No; I never was.

Q. Where is your house?

James Duffey . It is in London.

Q. Was not you in this place upon some misfortune?

James Duffey . No; I never was; that was another person.*

* See Winton's evidence in the trial of Benjamin Perry , for stealing tobacco, No 152. in this mayoralty.

Q. Did you ever know the prisoner in Ireland ?

James Duffey , No; I never did.

Q. Where do you think the prisoner was born?

Duffey. I do not know, but that he was born in France.

Q. Have you not heard him say, he was born in Ireland ?

Duffey. I am sure he is an Irishman.

James Lacy . I have known the prisoner better then seven years.

Q. Do you live near the prisoner?

Lacy. I live hardly 200 yards from him; I live at the upper end of Rosemary-lane.

Q. What is the prisoner's general character?

Lacy. He is an honest man; I never heard otherwise I have reason to think so, I have had many dealings with him.

Cross-examination.

Council. You did not know of his going to France, I dare say?

Lacy. I do not; he is one of the last I should suspect of doing as he is charged.

Q. Did you ever miss him 24 hours?

Lacy. I never made it my business to inquire; but if he had dealt in this way, I should have heard of it some way or other; I see him now and then, may-be two or three times a week.

Q. What is your business?

Lacy. I am a taylor.

Q. Do you make his cloaths?

Lacy. I do not know that I made him cloaths for his own wear in my life?

Q. Did you ever make any for any of his recruits ?

Lacy. No, I don't think I did; he entertain'd sailors, and when they came home from sea, he brought them frequently to my house, and passed his word for them, till they took their money in Broad-street, or else-where.

George Fowler . I live in Cornhill, London; I have known the prisoner very near eight years, I am his landlord.

Q. What is his general character ?

Fowler. I always took him to be a man of a good character, he always paid me very well; I believe the time the young man has said he lived at the Ship, he liv'd at my house, the Dublin-castle; I believe it was a mistake.

Q. Did he never keep the Ship?

Fowler. He did.

Q. Can you say upon your oath, he did not keep the Ship three years ago?

Fowler. I cannot be exact; I believe it may be above two years ago, that he went from the Dublin castle, to the Ship.

James Martin . I believe I have known the prisoner five or six years; I am a brewer in Old Gravel-lane, I never conceived any thing of him, but that of an industrious honest man.

Q. Did you serve him with liquor?

Martin. I have not for some years.

William Walker . I live in East-smithfield, and have known the prisoner six years; I always took him to be an honest man, he always paid me one time or another.

Q. What is your business ?

Walker. I am a baker, he has dealt with me for many pound.

Q. Where did he live three years ago?

Walker. I cannot take upon me to say that.

Moses Snow . I have known him I believe three years, I am his deputy landlord; I receive the rents for the gentleman who owns the Ship.

Q. How long has he lived at the Ship, this last time of coming to it?

Snow. I believe he has two years and a half or better ago.

Q. What is his character?

Snow. he always paid his rent very well.

Prisoner. Please to call the messenger's brother to my character; his name is Thomas Ward.

Thomas Ward . I am the messenger's brother, where the prisoner was; he has behaved extreamly well, and never offered to make out of the house.

Q. Had you the care of the house?

Ward. When my brother was out in waiting, I took care of it; since he was confined, I went about in the neighbourhood to inquire his character; I never heard a bad word of him.

Q. Might he have made his escape?

Ward. He might when we were taking in bread, or butchers meat, or such like.

Q. Did any body desire you to go about the neighbourhood, to ask his character ?

Ward. No, nobody did; it was my own opinion.

Q. Did any body desire you to come here ?

Ward. No; I had a mind to hear the trial.

Q. Was you not subpoena'd ?

Ward. No.

For the crown.

Lovel Stanbuse, Esq. On the 23d of May last, Plunket was brought to me in my office, sent by the officers of the navy, from Deal or Dover. I delivered him into the custody of a messenger, on the 23d of May last; I took his examination at the secretary of state's office, which agrees in every circumstance in what he has now said. I asked him how he came in that condition, he was in a very dirty condition, he said he had been pressed on his coming to England, and they all laid together; he had a pair of coarse stockings and breeches on, which he said was his French regimentals; he was in a very shabby condition, his waistcote was a short one, worn very much.

Q. What colour?

L. Stanhope, Esq; I think it was blew; the stockings looked like our foot soldier stockings, but I am not a judge of regimentals.

Cross-examination.

Q. Might not the stockings be of our soldiers stockings?

L. Stanhope, Esq; They might for what I know.

John Shepherd . I am a messenger; when the prisoner was in custody; the messenger that had the care of him, and I, agreed that Plunket, whom I had in my care, should be in a house, and he was to walk by with the prisoner with him, to see if Plunket knew him. I went with Plunket to a house at Hide-park-corner; the messenger and prisoner came walking together; the messenger and he were to make a halt there, which they did. I said to Plunket, look over your shoulder, and be certain. He went to the man with tears in his eyes, and said, that is the villain that betray'd me, and sold me abroad.

Q. Who was the messenger that had the prisoner in custody?

Shepherd Mr. Ward was.

Q. Had you ever seen Horan before?

Shepherd. No, I never did.

Cross-examination.

Q. Did you tell Plunket, that was Horan?

Shepherd. I did not.

Q. Did you say that man coming along is Horan?

Shepherd. No, I did not.

Q. Did Plunket know Ward?

Shepherd. No, I do not believe he did.

Q. to Plunket. Did you ever go to the prisoner's house on Tower-hill, since you came to England.

Plunket. No, I never did.

As his lordship was summing up the evidence, Lock-line Bourne was brought into court; he is sworn.

Q. Do you know Alexander Plunket ?

Bourne. I know Plunket ( looking at him) that is he.

Q. Where did you know him?

Bourne. I remember him being in the French service; I was in the same regiment with him.

Q. Where did he join the regiment?

Bourne. He joined the regiment at Dunkirk, and went from thence to Boushin.

Q. What time did he join the regiment?

Bourne. I do not know what time of the year he came to the regiment; but I know we left Dunkirk, in November.

Q. How long had he been in the regiment before you left that place?

Bourne. He was at Dunkirk about three months; we went from thence to Boushin, in Allhallows-tide, and staid there two years, and he was with the regiment all the while.

Q. Where did you go from thence ?

Bourne. We went from thence to Lisle; but they left me sick there.

Q. When did you see the prisoner there last?

Bourne. I left him at Lisle, last Allhallows-stide, with the regiment; I was glad to get home.

Q. Was he never in England, from the time he joined the regiment, till you left it last in Allhallows-tide ?

Bourne. No, he was not.

Q. In whose regiment was he?

Bourne. He was in captain Fitzpatrick's company, in Ruth's regiment.

Q. Do you think they would let him come to England, when in their service?

Bourne. No, if they could help it; if a Man serves his time out, he can come home at six years, or three years end, according as he enters for.

Cross-examination.

Q. When did you first become acquainted with Plunket?

Bourne. I never knew him before he joined the regiment.

Q. How long might you have been in Dunkirk, after he had joined the regiment?

Bourne. I know we were there about three months after.

Q. When did you come away?

Bourne. I came away about a month before last Allhallows-tide, and left him behind me in the regiment.

Q. Have you seen him since he came away?

Bourne. I have, he came to my brother's room to me, and said he deserted.

Q. Did you desert too?

Bourne. I served four years. I did not desert, I have my discharge in town

Q. When did you first see him, since you came home?

Bourne. It was about six weeks ago.

Q. from the prisoner. Did he ever make use of my name, when he was along with you ?

Bourne. He told me he was brought there by another man, about carrying good or contraband goods, or something of that.

Q. Did he tell you what man?

Bourne. He did not.

Council for the crown. Did he say any thing of being sold ?

Bourne. He did tell me he was sold, or trepan'd.

Guilty , Death .

282. (M.) Mary Steff , spinster , was indicted for stealing one stock-bed, value 4 s. one brass candlestick, value 6 d. one copper sauce-pan, value 12 d. one sheet, value 1 s. 6 d. one cloth-cloke, value 5 s. one holland shift, value 4 s. two blankets, value 4 s. one silk waistcoat, value 2 s. one copper stew-pan, value 2 s. the goods of Thomas Morris , June 30 . ++

Thomas Morris . I live in Drury-lane , and have lost the goods mention'd in the indictment.

Q. What reason have you to charge the prisoner?

Morris. She was my servant . She came at the beginning of June, and continued with me till the latter end of November. In this time, I lost several things. I suspected the prisoner, and took her up. She owned she took a green silk waistcoat, and gave it to Sarah Chumley to pawn. She owned to a bed and bolster; and also to the taking a sheet mark'd T M D, and to two blankets, and a copper stew-pan; which she pawn'd for 8 d. I found them all again, by a search-warrant, by her directions.

Q. Was her confession taken in writing ?

Morris. It was; and she sign'd and swore to it before justice St. Lawrence. ( There was no such confession returned.)

Acquitted .

283, 284. (L.) Mary Robertson , and Sarah Anderson , spinsters , were indicted for stealing one linen stock, one silver stock-buckle, nine guineas, two Portugal pieces, value 36 s. each, one uisd or , the property of James Burrell , June 24 . ++

James Burrel On the twenty-fourth of last month, between twelve and one in the night; I was coming from Spital fields, a little in liquor; I met these two women at the bar, at the corner of Gracechurch-street. Robertson said, countryman, where are you going at this time of the night ? I said directly, what is that to you, she desired me to go along with her. I said no, I will not; she said you will be knocked on the head, some body will do you a mischief if you go on, and I will take care of you. Then she began to talk French to me, and said she had a very good room, and a very good bed; which if you will go with me, you shall have till to-morrow morning; upon that I went with them, they told me they lived but a little way off. They took me through a narrow passage which I did not know; when I came within their house, I found it was an intolerable bad place, but I did not know my way back; there I saw some pipes and tobacco lying, which gave me a suspicion there were men in the house; the women were for some liquor, I bid them call for what liquor they would; one asked for a bowl of punch, the other said, I will have a little beer; so there was ordered one shilling in punch, and a full pot of beer. The landlord's man came with it, I had no silver, and I gave him a guinea to change. When he had it, he said he believed it was too light, I said go to your master, and if he does not like it, I will give him another. His master came and brought me it back; and said, it was too small, then I gave him another, he looked at me, and said, you seem to be affrighted. I said I am not very easy; he said, do not be affrighted, we have got very good people, we will do you no harm; there was a chair, I desired to sit there and sleep; I sat down and fell asleep, and had my money in my pocket then.

Q. Are you sure of it?

Burrell. I am; there were two 36 s. pieces, one Fuisd'or, and the rest in guineas; I do not know how many.

Q. Were there above five guineas?

Burrell. There were above five; about an hour after, I sat down to sleep. Sarah Anderson , came to me with another woman; she took and haul'd me by the collar, they both pulled me. I said do not be in a hurry, I do not want to be haul'd about so, I will go out, I want to do a chare for my self. I went out without my hat, and they lock'd the door, I could see no more of them; I felt in my pocket, and found my money was gone, also my knee-buckles, stock and stock-buckle, and my handkerchief.

Q. Do you know when they were taken away?

Burrell. No, I do not, I was asleep when they were taken; Mary Robertson strip'd and went into the bed, and wanted me to come and lie with her, but I would not; I said I would not lie with any of you, your bed is not so good as you told me; this was before I went to sleep. When I was out at the door, I heard a watchman. I called watchman; he came to me, and asked what was the matter? I said I am robbed, do you go and get some help, and we will break the door open; he went and called his brother watchman, they both came, they brought a candle with them, and we looked through the cracks of the door. We could see nobody within, I said my hat is within-side; I clap'd my foot to the door, and burst it open; there I found my hat hanging on a nail against the wall, the constable looked about, and asked me if I had been in bed, I said I had been no farther than this chair. In turning the bed about, he found a red handkerchief, which I at first thought was mine, but found at last it was not; the constable said, he knew a house of rendezious, when they do these things, they go there to be merry; we went to go there, and the constable took the two women in the street, about a quarter of a mile from the house.

Q. Are you sure you knew them again?

Burrell. I am sure I did, we put them in the watch-house, then I told them, that for all they said they would use me so well for being their countryman, yet they had picked my pocket, and robbed me of my buckles, stock, and other things. Robertson swore at me, and called me scoundrel, and said I used her ill.

Q. Were they not searched in the watch-house ?

Burrell. No, they were not, we took them to the constable's house, the Rose-and-crown, in White-chapel; they were searched there I heard, but I was not by then, I was by the second time of searching, when there were some guineas, and one 3 s. piece found upon Anderson.

Q. Is the house in which you was robbed, in London, or Middlesex ?

Burnell. I do not know which.

Q. Where was the money found ?

Burrell. That was found in London.

Mr. Terry. I am the constable; about four o'clock that morning, the prosecutor charged me with the two prisoners for robbing him of about 17 l. I took them to my house, he offered them a guinea each, and said he would turn them about their business, if they would let him have his money; they denied knowing any thing of it. In a few minutes after they were there, in came another woman for a dram; the prisoner Anderson beckoned to her, they whisper'd together; the women went out, and returned again, and they whisper'd again; the prosecutor said, if the money was about them, it will be handed away, let's search them; so I took the strange woman up-stairs, and searched her, but found nothing upon her; I told her she would get herself into trouble, if she knew any thing, and did not own it. Then she said, d - n my eyes I'll tell the truth; and said, when she went first to whisper to her, she sent her to fetch half the money, from a house in Stoney-lane, where she directed her. After that, she came down and said the same before the prisoners; the prosecutor said, if she would go and fetch the money, he'd give her a guinea; then he gave the watchman and she a guinea each, and they went and brought a snuff-box, five guineas, and one 36 s. piece, and delivered it into my hands.

Q. Where is the other woman?

Terry. She is absconded; after I had got this money, either the strange woman, or Anderson said, Robertson has got part of the money about her; then I took her up-stairs, the prosecutor was by; she undressed herself, we found four guineas, and a louisd'or, tied up in a little pocket, behind her, and a 36 s. piece in one of her stockings; then the prosecutor inquired what they had done with the stock and handkerchief, and knee-buckles. One of them said, if he went to the watch-house, he would find them; the watchman went and found them there.

Q. Is your house in the city?

Terry. It is, (The prosecutor positively swore to the louisd'or, to be his property.)

Septinius Moseen. I am warder, one of the watchmen was beating the hour two, the prosecutor cry'd out he was robbed in that court. I went with the watchman and he to the house, the door was fast, the prosecutor put his foot against it, and opened it, there was his hat on a nail; we found the two prisoners in Black-lion-yard, Stoney-lane.

Q. Is that in the city?

Moseen. It is, I was present when they were searched. [He confirmed the constable's account of what was found with this addition; that he went with the strange woman to a house in Black-lion-yard, Stoney-lane; and the woman took the money in the box, out of washing-tub of water, which he carried and delivered to the constable.]

Robertson's defence.

The money I had about me was my own I know nothing of the gentlemen's loseing any, I left him very well. The other money was found in the house of this strange woman; it is possible she might rob him.

Anderson's defence.

I was searched four times, and they found nothing upon me.

Both Guilty .

[Transportation. See summary.]

285. Sarah, wife of John Tompson , was indicted for stealing 19 pounds weighted iron, value 20 d. the goods of Samuel Smith , June 2 .

|| Guilty 2 d.

[Whipping. See summary.]

286. (M.) James Bignal , otherwise John Morgan , was indicted for returning from transportation, before the expiration of his time . +

John Mackwell . I remember the prisoner's being tried for robbing my master, William Smith . I was an evidence on the trial.

Q. What name did he go by then?

Mackwell. By the name of James Bignal .

Q. Was he cast or acquitted ?

Mackwell. I heard the jury say, Guilty. *

*See his former trial, No 414, in Sir Crisp Gascoyne's mayoralty.

Turner. On the 9th of June last, the prisoner came to my shop, on the terras in St. James's-street. I keep a china-shop.

Q. Are you sure this is the man ?

Turner. I have great reason to know him. He had another man with him. He was booted and spurr'd, and had a whip in his hand. He said, he wanted a pair of little pug-dogs to give his child to play with. I shew'd him all I had. I had one odd one; he fix'd particularly upon that, and would have an exact pair of such; and said, none would do but them, and desired I would get them for him, and he would come on Thursday following for them; but before he went away, he robb'd me of 18 guineas.

James Tifford . I was at Mr. Turner's shop when the prisoner came there to cheapen some pug-dogs. The prisoner then desired he'd give him a guinea for some silver. Mr. Turner did; then he wanted him to let him have a King Charles's guinea in change for another. In the mean time his hands were busy in Mr. Turner's money, so as to take the quantity Mr. Turner has mentioned.

Court. He is not trying for that now. The question now is, was the prisoner at large?

Turner. Yes, my lord, he was. I took him to be a customer. When I found what he had done, I secured him. He offered me three guineas to let him go.

Guilty , Death .

287. (L.) Susannah Smith , spinster , was indicted for stealing one silver-watch, value 3 l. the property of William Bray , June 16 . ++

William Bray . I was footman to Mr. Fletcher, a vinegar-merchant in Goodman's-fields, but am out of place now. Last Monday was fortnight, at night, I happen'd to be in liquor, and going up Shoe-lane, the prisoner was standing at the corner of Queen's-arms-alley ; she took hold of my arm, and ask'd me where I was going; I said, home. She inticed me to go along with her. She took me to a house in that alley, up two pair of stairs. She ask'd me what I would give her; I said I had but 4 d. 1/2 about me, besides my watch. She bid me give her the 4 d. 1/2; accordingly I did. Then she took the watch out of my pocket.

Q. Did you feel her take it?

Bray. No, I did not; but I had it in my pocket, I am sure, when I went there with her.

Q. What time of the night was this?

Bray. Between ten and eleven o'clock. After that, I went home.

Q. When did you miss your watch?

Bray. I miss'd it before I went out of the house, but she was gone first.

Q. Was it a public or private house?

Bray. A private house, set out into tenements. I went the next morning, and ask'd her for the watch, but she deny'd knowing of it.

Q. Have you seen it since?

Bray. It was brought to me last Thursday night.

Thomas Jones . I am servant to a distiller. Last Tuesday was fortnight, the prisoner was at a customer's house, where I call'd in Charter house-lane. She had a watch in her hand, and offer'd it me for sale, for a guinea and an half. I suspected she did not come honestly by it. I opened the out-side case, there I saw William Bray upon it. I stop'd it; and by inquiring about, found the prosecutor. He described it before he saw it. ( Produced in court, and deposed to by the prosecutor.)

Guilty .

[Transportation. See summary.]

288. (M.) Hannah, the wife of Thomas Jones , was indicted for stealing two linen waistcoats, value 2 s. one copper sauce-pan, value 1 s. the goods of Thomas Rawlinson . April 3 .

|| Acquitted .

289. 290. (M.) Rebecca Fuller , spinster , was indicted for stealing fourteen yards of stuff, called silveret, seventeen yards of printed linen cloth, three yards of lawn, four pieces of Irish cloth, fourteen yards of stuff, called brulio, the goods of Thomas Colwell privately, in the shop of the said Thomas; and William Gretricks , for receiving fourteen yards of stuff called silveret, and six yards of cloth, part of the said goods, knowing them to have been stolen , June 28 .*

Thomas Colwell. On the twenty-fourth of June, Mr. Goring, an evidence, came to my shop, we both live at Brentford , with a piece of cloth; and desired me to look at it. It was a piece of three quarters wide, Irish linen; that was or had been mine, it had my mark by my own hand writing upon it. He told me a girl had been at his house, and offered it to sale; I was very busy at that time; but in about ten minutes tune I went, and the girl was gone to find another girl whom she said, saw her pick it up. In a little time I had word where the girl was; I went to her; she told me the person that picked it up was named Fuller, and that she lived with farmer Gretricks; I asked her where Fuller was gone? she said she could not tell. I went home again, and soon after Mr. Goring came with Fuller: I took her into my compting-house, and sent for a constable, and charged him with her; we carried her to Mr. Tuffnail and Mr. Gold, two justices of the peace, who were at a house near mine; but before we carried her there, Mr. King came with a basket, and three pieces of Irish cloth, three quarters wide; which he said was brought to his house by Elisabeth Davis, the other girl, she came also with him. Fuller, before the justices, said she found the single piece which she had offered to sell to Mr. Goring, in the Norwood great field; the other three pieces, she said, she found on a dunghill, at Strand upon the Green, about a mile off, the same day; after that she was committed.

Q. Are you sure you had not sold that piece she offered to Mr. Goring?

Colwell. I am sure I had not sold any such within a week before; I always keep a ready money book to set down every thing I sell.

Q. Did she mean Norwood in Kent ?

Colwell. No; it is Norwood in Middlesex. From the information we had from Elisabeth Davis , we had a good deal of reason to think, that Fuller had taken many things to Farmer Gretricks 's the other prisoner. I got a search warrant, and Mr. Howard the constable and I went to search his house; but neither he or his wife were at home. We searched; I found a printed linen gown made up, which I believe to be mine; it is a particular thing, I have more of the same piece, which I missed on the 17th of May; I believe there were about seventeen yards of it.

Q. Are you sure you did not sell some of that sort to farmer Gretricks?

Colwell. I never heard of his name before. There was an old woman with us the time we searched; she endeavoured to conceal it, by throwing a waistcoat over it, as it lay on a bed. I went a little farther; and in what they may call the best room in a chest of drawers, I found fourteen yards of stuff, called silveret, that I believe was mine; it is of a very particular colour; I had it made up on purpose, this I missed before the 17th of May.

Q. What day did you search?

Colwell. I believe it was the twenty-sixth of June, I went to take Gretricks up; they told me he was within, then his wife told me he was gone out a little way; then she said, she thought he would be at home by 12 o'clock. I then searched again, with the search warrant; the constable being with me upon this second search; I found in the chest of drawers, in the best room, a flower'd lawn apron.

Q. Did you see it when you searched before?

Colwell. No; I did not. I found likewise in the same place, a pattern of four pair of flowered lawn ruffles; made up into an apron. And below stairs, I found one yard of check linen.

Q. Did you miss any of these things before?

Colwell. I missed the flowered lawn apron before; and the apron made of the four ruffles, I know to be mine.

Q. Did you miss the ruffles before?

Colwell. I did about a month ago; I might lose, them long before for what I know; there was some Irish linen unmarked, which I could not say any thing to.

Q. Had you ever seen the prisoner Fuller in your shop?

Colwell. This Rebecca Fuller had been two or three times in my shop on the 24th of June. I never knew who she belonged to. I had seen her also going backwards and forwards, but never suspected her. We took the prisoner Gretricks on the 28th of May in his own house. I asked him how these goods came in his house? He said Rebecca Fuller informed him, they were given her by an uncle of hers. We carried him before justice Tuffnail; he was examined there, and said the same there as before; and that the girl's uncle, as she said, met her at Brentford, and gave her these things, and acknowledged he knew them to be in his house. I went to Mrs. White, at New-Brentford, a mantua-maker. There she delivered to me a gown, that she had to make up for Rebecca Fuller , a silk and incle thing, called brulio.

Q. Whose do you look upon that to be?

Colwell. I believe it to be mine.

Q. Why do you believe so?

Colwell. I did not miss it; but I remember the thing particularly well, and have some of the same in my house.

Q. Are you sure you had not sold that piece you found at the mantua-maker's ?

Colwell. I do not recollect I had sold it to any body. I know I had one gown left which is about fourteen yards; and a piece is two gowns. When Gretricks was before the justice, he had four or five days allowed him to get bail; which not being obtained, he was sent to New-prison. I came part of the way with him; and, in a garden belonging to an alehouse, he wanted to insinuate to me, there was reason to suspect one of my journeymen (his name be could not tell) gave these things to Rebecca Fuller . I never had any reason to suspect any of them. I ask'd him how he could imagine such a thing? He said he had heard it somewhere, and that he had mentioned it to the girl in Newgate.

Q. Did Fuller ever pretend she had them of any of your servants ?

Colwell. No; she never did. She told me in Newgate, that one Mrs. Lathan, who is mistress to Elisabeth Davis , had the other part of the printed linen gown.

Q. Did you ever find it?

Colwell. No; I search'd her house for it, but did not find it. I ask'd Mrs. Lathan if she knew any thing about it? She told me farmer Gretricks's wife had a piece.

Cross-examination.

Q. What; was the prisoner at farmer Gretricks's ?

Colwell. I was informed she was apprentice to him, put out by a parish.

Q. Were the things made up for Rebecca Fuller ?

Colwell. The gown I found made up, was made for her.

Q. Did the rest of the things appear to be made up for her?

Colwell. I can't tell that; they are here.

Q. When you went to search in farmer Gretricks's house, did you meet with any opposition ?

Colwell. No.

Q. Did not the old woman, you found there, go readily with you into every room?

Colwell. I told her she must go along with us, and not go out of our presence.

Q. Is it a very large house?

Colwell. It is.

Q. Do you know any thing of Mr. Gretricks's going to the justice of the peace, between the time of your searching his house and the time of his being taken up?

Colwell. I know nothing of that; by what Mr. Tuffnail told me, I do not believe he had.

William Goring . On Midsummer-day last, Rebecca Fuller came to my shop. My wife was backwards. She ask'd me if I would buy a piece of linen cloth? I ask'd her what she ask'd for it? She said 6 d. per yard. I look'd upon it, and thought it worth a pretty deal more. I said 6 d. per yard? Yes, sir, said she, 6 d. per yard, or what you please. Then I imagined it could not be honestly come by. I step'd backwards, and call'd my wife in; she knowing the value of cloth better than I did. We ask'd the prisoner how she came by it? She said she found it in a field coming from Norwood that morning. My wife ask'd her whether she herself found it? She said another young woman was along with her that found it. We ask'd her if she could produce that young woman ? She said, yes: and said she would go and fetch her. She catch'd hold of the cloth, to take it with her. My wife took hold of that, and said, he, that should not go. The girl insisted on carrying it away. I step'd from behind the counter, and said. I'll seize that and you too. Then she said she would leave that, and go and fetch the young woman. When she was gone, as we imagin'd it to have been stolen, I took it, and went to the draper's in the town. The second shop I went to, was the prosecutor's. I ask'd him if he had sold such a piece of cloth that day. He look'd upon the mark, and said he could take his oath, it was his property; but said he knew nothing of the selling it. Then I said, come along with me, or send a journeyman, and I'll produce the person that offered it to sale. I should have mention'd; as I was going with the cloth to the prosecutor's, I met Rebecca Fuller with a little girl. She said, where are you going with the cloth? I said, step down to my house, I am going a little farther; I will be back presently. Mr. Calwell sent one of his servants with me to see for the girl; my wife said she had not been there; we went to look for her. The journeyman saw a little girl; he said, that girl I have seen at our shop often; we went to her, and took her in Mr. King's shop, a grocer. He went to his master, who came and took care of her; and she cry'd bitterly, and said she knew nothing of the cloth. He ask'd that girl the person's name that had been with her; she said her name was Rebecca Fuller , and told us where she liv'd. Then we went to see for her. I took the girl with me, and went one way, and he another. I met Rebecca Fuller in the street. Said she, what do you want with me, sir? I found the piece of cloth down there, ( pointing to the ground,) under the Rose and crown gateway; and this is the girl that saw me pick it up. I said, go along with me, and if you prove that you found it, no hurt can come to you. She said she would go; and went along with me to Mr. Colwell's. There I saw Mr. King the grocer bring in a basket some cloth.

Q. from Fuller. Did not that little girl say she saw me pick it up?

Colwell. No; the girl cry'd and made no answer.

Thomas King . I am a grocer and cheesemonger in Brentford. On June the 24th. the prisoner Fuller came into my shop, as she usually did, on market-days, and bought some tea and sugar. She went out and staid some time, then returned again pretty heavy loaded; which load consisted of linen tied up in an apron in a basket. Mr. Goring and Mr. Colwell's journeyman coming down the town, look'd into my shop, and said they believed that was one of them. There was the other girl; they ask'd her where her companion was? She said she did not know. Fuller was then gone out again. Then Mr. Colwell came, and ask'd the girl some questions, and took her home to his house; the basket was standing under a bench within-side my shop, with one piece of linen in it, and two pieces more tied up in an apron. I observing the cloth, took it to Mr. Colwell's, to know if he knew any thing of it. The journeyman said he sold one piece that day to the girl; the other two pieces Mr. Colwell swore to before the justice, as his property. I heard Fuller say in Newgate, that Mrs. Lathan was the person that led her into all this.

Q. to prosecutor. What cloth had she bought that day?

Prosecutor. She had bought two yards of check.

Anne White . I am a mantua-maker. My mother and I made the prisoner Fuller three gowns; one was made two or three months ago; one she brought to be made on Whitsun-monday; the other two she brought before.

Q. How long before?

White. May-be a month before. The first she brought was a white corded dimitty; the next a brown brulio; the next a flower'd linen. She told her she had a cousin that dealt in that way, that made her presents of these things.

Q to prosecutor. Had you lost any of these mention'd goods?

Prosecutor. The white corded dimitty gown I know I had lost.

Cross-examination.

Q. Have you seen the printed gown found in Gretricks's house? Who was that made up for ?

White. It was made up for the girl at the bar.

Richard Howard . I am constable. On the 24th of June, Mr. Colwell sent for me; I went to his house; he charged me with the prisoner Fuller, and said she had robbed him. I took her to my house, and from thence to a public-house. We judged by the prisoner's being so young, somebody might be concerned with her; Mr. Colwell took her before the sitting justices, at the Red-lion at Brentford. He apply'd for a search-warrant, to search Gretricks's and Lathan's houses. We found nothing in the house of Lathan, that he could sware to. Then we went and searched the house of Gretricks. There was an old woman; she very readily let us search every room; we found these things the prosecutor has mentioned. They were delivered into my custody; after that, I had a warrant to apprehend Gretricks. We went to his house; there they differ'd in their stories, in regard to his being at home. His wife, at last, sent for him, to tell him, there was Mr. Colwell, and a constable to take him up; he came home, and we took him. He said, he was very ready to go with us any where. He was committed for want of bail. We went with him; he said, going along, he was of opinion, there was other people concerned with the girl.

Cross-examination.

Q. What does the farmer rent a year?

Howard. I can't tell; he keeps a team of five or six horses.

Q. Did you meet with any opposition, when you searched?

Howard. I can't quite say we met with none.

Q. Might not Gretricks have had an opportunity to have gone away, if he wo uld?

Howard. He might, very likely.

Elisabeth Lathan . I was at the prisoner Gretricks's about a fortnight before Fuller was taken up. I saw a piece to make a gown; it was a mixt thing, and a linen chints gown; there was one of the same sort this girl brought, and gave to her mistress; and said a cousin of hers had given it her.

Q. Was the prisoner Gretricks by at the time ?

Howard. No, he was not.

Fuller's defence.

I went to market last Friday was sen'night to buy some sugar and tea; I left them at the Crown, and went to carry a letter. And just as I came to the gate-way, I found a piece of cloth; I took it up, and then I saw three more; so I put them in my lap. I went to the man's house, and felt in my pocket, and found then I had left the letter in my hall-window. Then I returned to the grocer's shop, and gave Bet. Davis the two pieces. She put the pieces in her lap, and tied them up in her apron, and put them under the bench, while I bought a yard of cloth. Then I went out again to buy a six-penny handkerchief; and returning the people took me.

Gretrick's defence.

This girl Fuller lived with me five years. I thought her very honest, and would have trusted her with untold gold. I know nothing of these, things being concealed in my house.

To his character.

William Keath . I am a clergyman at Norwood, I have known Gretricks ever since I came to that place, which is about ten years. He rents about a hundred a year; I lived in the house with him about five or six years; I never saw any thing of dishonesty by him.

Q. What is his general character?

Keath. I think him an honest man.

Q. What is his character amongst the neighbourhood?

Keath. Some speak well of him, and some ill.

Q. Does he come to church?

Keath. Yes he does.

Daniel Roberts . I have known Gretricks about fourteen or fifteen years, I never heard any ill thing of his character. I took him to be a very honest man.

Fuller guilty of stealing, but not in the shop .

Gretricks acquitted .

[Transportation. See summary.]

291. (L) Thomas Westcote was indicted for stealing one silk handkerchief, value 10 d. the property of Dale Ingram , June 3 . ++

Dale Ingram. On the first Friday in last month I was coming from the Three-tun-tavern, Grace-church-street; about half an hour after 11 o'clock at night, coming into Fenchurch-street , where I live, two men followed me: all on a sudden, as I thought, I heard a step near me. I turned about, and saw as it were the shadow of a man standing up near a door. He ran cross the way, and I followed him, having felt, and missed my handkerchief; in the mean time came up a young man; I told him what had happened; he called out watch. I looked and saw my handkerchief lying on the pavement, and took it up.

Q. When had you that handkerchief before ?

Ingram. It was given me by a captain that day.

Q. How near was the handkerchief to the prisoner?

Ingram. I believe about a yard, (produced in court and deposed to)

Charles Sherriff . I was coming up Fenchurch-street between ten and eleven o'clock at night, or it might be after eleven. I saw Mr. Ingram and another man walking up the street. I heard Mr. Ingram say, sir you have picked my pocket of my handkerchief. Upon which I ran up and seized a man by the collar; (it was the prisoner) he dropt the handkerchief by Mr. Ingram's leg.

Q. Did you see him drop it?

Ingram. I did. The watch came and took him away.

Prisoner's defence.

The gentleman laid hold of me first of all; and the prosecutor was not near me.

Guilty .

[Transportation. See summary.]

292. (M.) Hannah Hillyard , widow , was indicted for stealing two pair of jumps, value 20 s. the property of Charles Kane , Esq ; June 18 . +

Henry Knight . I am a waterman, and carry goods and people from Thistleworth to London, and back again every day. I went to Mr. Powel's house in Maiden-lane, by Mr. Kane's order, for some stays or jumps yesterday was fortnight. They delivered them to me; I carried them to the Fox at Hungerford-stairs . When I went in, there was Solomon Hillyard ; I ask'd what he had got for dinner? He said he'd nothing. We agreed to have some salmon. The prisoner was by, and said she'd have a bit with us. We bought some, and eat it. I wrote upon the paper ( upon those two pair of stays or jumps that were delivered to me) my name; and put them into the window where we all sat; and after dinner I went about other business to Golden-square; and when I returned again. I miss'd the stays. I ask'd the people of the house if they had seen them? They said they had seen them where I laid them; but where they were then they could not tell. I inquired, and looked about, but could not find them. A man said he saw a woman shove a parcel into her apron amongst other things; but she was gone. We suspected the prisoner, and row'd away to Putney, to Mr. Pitman's, and called to Solomon Hillyard, who had carried up the prisoner. I told him, I had been robb'd and that I had been told it was by the woman that he brought up in his boat; and ask'd where she was ?

Q. What is Solomon Hillyard ?

Knight. He is the prince of Wales's waterman. I went into the house; sat the prisoner. Mistress (said I) I am informed you have a pair of of mine. She said she had none of mine. I desired she would let me look. There I found, amongst things, two pair of stays or jumps, one red, the other white, without paper over 'em. She said she had no stays. I said I had lost stays or jumps, I could not tell which, because they were in a paper when in my custody. I said, if you know them to be yours, leave them with the man of the house till I send to the man that made them. She readily gave the two pair of jumps into Mr. Pitman's hands. After some little time she went to Mr. Pitman again, and said she wanted them; saying she wanted to wrap them up, fearing some finger should soil them. She wrap'd them up, and put them into her apron, saying they were hers, and nobody should have them. I said that looks suspicious. I sent for a constable; they brought the headborough; and I charged him with the woman. We went with her to Wimbleton; when we got there it was pretty near two in the morning; and we were afraid of being sent to gaol if we went to the justice's at that time; then we went and knock'd at an alehouse, and the man of the house threatened to shoot us. Then the prisoner got from us, and we lost her. Then we came home over the common, and found a shepherd, and he directed us the way to Thistleworth. The next morning I sent my man to town, and went to tell the case to Mr. Kane; and desired to know whether there were one or two pair of jumps, they being done up in a paper. I was informed there were two pair, and that they were jumps. After that I was informed the prisoner had got a warrant against me.

Q. Where does the prisoner live?

Knight. She lives at Brentford.

Q. Where did you get your warrant?

Knight. At justice Fielding's.

Q. Had you seen the jumps before they were lost?

Knight. No; I had not.

Q. Can you take upon you to swear the jumps that were delivered by the prisoner to Mr. Pitman, are the same which you lost?

Knight. No; I cannot.

Q. Have you them here?

Knight. No; we have not. She pretended she had lost them on the common, in the night.

Solomon Hillyard . I am waterman to the prince of Wales. I was at the Fox, and saw Henry Knight write his Name on the paper, in which were something like stays by the appearance. We were for sending for some salmon. The prisoner desired to dine with us; which she did; and said she lived at Kew-green, and wanted to go along with me. As soon as I got all my things in my boat, and came and called the woman, she came into the boat; I set out, and as I usually do, I called at the halfway-house, beyond the bridge at Putney. We staid there, I believe, a quarter of an hour; then Mr. Knight came. The woman was within the house, in a drinking-room. She had a very large bundle tied up in her apron. Mr. Knight said he had lost a bundle, which he had laid in the window at the Fox; and said he supposed the prisoner had taken it. I took him to her; he challenged her with having taken a pair of stays. She said she had no such thing; asking him if he knew the colour of them? Said he, will you shew me the bundle? She said, no indeed I shall not. I buy such things in town; London is my market. At last she opened her bundle, and said, here are two pair of jumps; are these yours? He said, we men don't know these things. I said I would lay down a 40 l. note as a security, if she would leave the jumps in the landlord's house with him. She would not. After that I offered 100 l. then 500 l. security, that they should be returned after the maker had looked upon them. Then she delivered them into the hands of the landlord. Soon after she wanted them again; and said, perhaps his fingers will soil them; and took and wrap'd them up in paper; and said they were her property; and said, d - n you touch them who dare, I'll swear a robbery against them. Then we sent for a constable; the headborough came; he talked to her a good deal; and said she should go before the justice. We went to Barnes.

Q. Who went?

Hillyard. The prisoner, the constable, Knight, and I. I begged very hard to be let to go back, and said, I had two expresses from Hanover to his royal highness; but he would not let me go back. After that we went to Wimbleton; it being so late I said it was an improper time to go before the justice. The constable knocked several times at his door. I said, as soon as ever we went in he would commit us to Bridewell, it being an improper time. Then we went to a public-house; there came out two great dogs; then we went to another public-house; there the man threatened to shoot us; then we went to another house; and in the mean time the headborough let the prisoner go, while we were getting something to eat and drink.

Q. Did you see the jumps after this?

Hillyard. No; we never did.

Q. from the prisoner. Did not you say, d - n the bitch, when it comes to my turn I'll clinch the bitch?

Hillyard. I don't know the meaning of the word.

Q. from the prisoner. Did not I open my apron readily?

Hillyard. No; she would not open her apron when I asked her, and said I would give any money to have her open it.

Prisoner to Knight. Did I not open the bundle when you mentioned the stays ?

Knight. She did not till I threatened to charge the constable with her.

Mr. Pitman. I keep a public-house at Putney; these boats generally stop, and have a pot or two at my house. I remember these boats stopping at the time they mention.

Q. What day of the month?

Pitman. I don't know that, it was about a fortnight ago.

Q. Did you see them come on shore?

Pitman. No; I did not. I am a boat-builder, and was at work in the yard, I heard a noise in the house, and went in, and ask'd what was the matter? They told me Mr. Knight had lost some stays, and came there after the woman in Mr. Hillyard's boat. They both desired her to leave the stays she had got, in my hands, while they sent to the staymaker. I said, if the stays were gold I would take care to see them forth-coming. Then the prisoner gave the stays or jumps into my hands; there were one pair red, the other white. I went into the kitchen with 'em. Then she came and said, Mr. Pitman, I desire you'll get a piece of paper to wrap them in, to keep them from being soiled. I called to my wife for an old news-paper, and was going to wrap them up. She said, Mr. Pitman, let me wrap them up. She took them, and twisted the ends of the paper, and said they are my property, and none shall have them any more; touch me if you dare; I'll swear a robbery against you.

Q. from the prisoner. Did you hear any oaths sworn by me?

Pitman. I can't say whether I did or not.

William Scot . I was accidentally at the Fox the 18th of June. There were four of them, Mr. Hillyard, Mr. Knight, the prisoner, and another man, sitting together. They had just paid their reckoning. Soon after Mr. Knight went away; and Mr. Hillyard, as I understood, went to the boat, and put in his goods. During that interval the prisoner said to the landlady of the house, madam, will you have a dram? The landlady said she would not; that would not agree with her head. Upon which the prisoner said, I have paid 7 d for my reckoning, and have had but a very little beer. Let me have half a pint of beer; which was brought her by a little girl. During the time the girl was gone for that beer, I saw her put something down into her bundle before her, wrap'd in a silk flower'd handkerchief; but what it was I know not.

Q. Did you see any paper?

Scot. I saw no paper.

Q. Did you see where she took it from?

Scot. No; I did not.

Q. Did you see a bundle in the window ?

Scot. No; I did not. I stood behind her; so that if it was in the window I could not have seen it.

Q. Then, for aught you know, the stays might be in the window at the same time you saw her putting that parcel in her apron; might they not ?

Scot. They might, for aught I know.

Thomas Harrison . I keep the Fox at Hungerford. I saw the prisoner at my house at the time the witness mentions, with Solomon Hillyard , his brother, and Mr. Knight; they eat some salmon together. After they had dined, I received the reckoning, which came to 7 d. each. The woman made use of the expression the evidence says. She sat by the window; where he says he put the stays, but I never saw them; it is quite an improper place to put things in. Some little time after, the woman was gone; Knight came in, and said to me, where is my stays which I put in the window? I never saw them, said I; but if you put them there, and they are lost, none could have taken them but the woman that was eating the salmon with you, and desired him to pursue to Putney after her, and immediately away they went.

Q. Did any other person come into that room besides them?

Harrison. I saw none come in or out the house at the time, but those four people.

Q. Was the window open?

Harrison. No, it was not; it could not be open'd; it was fastened up; it has not been opened these seven years. I heard the prisoner say before justice Fielding, that the stays she had, were bought in the Strand, in Chiswick.

Mr. Powell. This waterman was sent for the jumps from the lady, and I deliver'd them to him.

Q. When was this?

Powell. About a fortnight ago.

Q. How many pair of jumps?

Powell. There were two pair, one was pink-colour, the other white, tied up in a paper. I am the maker.

Q. What colour'd paper?

Powell. Brownish paper.

Q. Was any writing upon it?

Powell. No.

Prisoner's defence.

I had a child's coat, shoes and jumps, without stomachers, in my apron. I shewed the jumps, and said, I brought them coming by Norrhumberland-house; they never proposed to stop me as a thief, but chased me as a smuggler all this night; they went from public-house, to public-house to drink, they forced liquor upon me, but I very seldom can drink. The man that pretended to be a constable, had only a broomstick in his hand, with which he threatened to knock my brains out; they were for lying down, and desired me not to leave them till it was daylight. Some time they would hide themselves behind the trees, then I would find them again; at last I sat down, and they left me; I got up and walked on, till I got to the White-hart, at Martin, and on my knocking at the door, a taylor looked out of a window, he asked what I wanted? I said I was in distress, and had been cruelly used. He came down and let me in, and I sat down and told him my story, how I had been fatigued with those men all night, by chasing me as a smuggler. He took compassion on me, till the people were up at a public-house, where I begg'd the favour of a horse and man to ride before me. I sent out into the town, and hired a baker's cart for a crown, to bring me home; I told the man that came with me, how cruelly they had used we. The inn-keeper of Brentford lent me a crown to pay the man, and advised me to go to justice Fielding, and take a warrant out against these men; I went and told justice Fielding my case, and had a warrant granted me; I was so weak, I was not able to get the warrant served; and I never was accused with a felony, till I had served my warrant.

Q. to Knight. Did she serve a warrant on you?

Knight. As soon as I heard there was a warrant, I went to justice Fielding, and resigned myself up; and I went to justice Cox, and got a warrant as soon as I knew where to find her, for I never knew or saw her before that day in my life.

Q. To Knight. Was you at a justice's at Martin?

Knight. No; I was not.

Prisoner. When they went to the justice's, they made me stay aloof off.

Knight. She would not walk as we did, she would stay behind.

Q. To Pitman. Was there any thing said by them at your house about smuggling?

Pitman. No, there was not a word of smuggling mentioned.

For the prisoner.

Jos. Wilson. I had a warrant against Hillyard and others, brought by the prisoner; I said to a neighbour of mine, do you go with the woman to Hungerford, and if you see the people there, and you let me know, I will come directly; in the mean time, came Knight to surrender. I told him the woman was gone down to Hungerford. Then he went to justice Cox, and got a warrant for her, and I went with him; and after that, we went together to justice Fielding.

John Warner . I lent the prisoner a crown, she told me she had been travelling all night, and had been at Martin; that some men had used her very ill, and wanted to lie with her.

Q. When was this ?

Wilson. This was this day fortnight, in the morning. She was brought from Martin to me, at the King's-arms at Brentford.

Q. Had she a bundle in her lap?

Warner. She had. I have known her two years and an half; she has a very good character.

Francis Messenger . I live at Martin; the woman at the bar came to my house about four in the morning, and knock'd at my door, I let her in.

Q. Do you keep a public-house?

Messenger. No; I am a taylor. I gave her admittance. She said she had been at London to buy goods, and she had lost her way, and some body went to shew her the way, and left her on Wimbleton-common.

Q. to Warner. What are you at the King's-arms, Brentford ?

Warner. I keep the King's-arms. The prisoner is wife to the duke of Cumberland's body coachman. She has as good a character as any woman in England.

George Elger . I have known the prisoner more than four years.

Q. What is her general character ?

Elger. She is a very honest, worthy woman.

Walter Williams . I have known her some time; I never knew any thing amiss of her.

Acquitted .

293 (L.) Mary Carey was indicted for wilful and corrupt perjury, in swearing to a written affidavit, dated February 28 . in order to put off the trial of Stephen Macdaniel , and others . ++ .

Joseph Cox , constable of the lower half hundred of Blackheath. I live at Deptford, and am the person bound over by the gentlemen at Maidstone, to prosecute the thieftakers, Macdaniel, and the rest; and in consequence of that, was attending their trials here on the twenty-eighth of February last, with a great number of witnesses, at a great expence; and the four prisoners did in order to put off their trial, make an affidavit, the purport of which was; that they had not sufficient time to prepare themselves for trial. And Macdaniel, in particular swore, that one John Smith , a shoemaker, of Princes-street, Lincolns-inn-fields, was a very material witness for him; and that he could not proceed to trial without his testimony, and that he had that day sent one Mary Carey , to the house of John Smith ; who brought for answer, that he was gone to Portsmouth, and would not return in less then a week. And another affidavit was sworn to by Mary Carey , the purport of which was; that she had that day, at the request of Stephen Macdaniel , been at the house of John Smith , a shoemaker, in Princes-street, Lincolns-inn-fields, and saw the wife of John Smith ; who told her, that her husband was gone to Portsmouth, and would not return in less than a week, which she verily believed to be true; on which the court was of opinion, that this trial should be put of until another sessions. But on the motion of counsel, I was directed to make inquiry into the truth of what the woman had sworn, against the next day morning; and I found on the strictest inquiry, that no such man as John Smith lived in Princes-street, either as a house-keeper, or lodger, as will be made appear by other evidences of undeniable credit. And being in London on the twelfth of April last, in sessions time; I determined to prosecute her, for the public good, and did apply to, and obtain my lord mayor's warrant, with some difficulty; and after being forced to break open a door to get at her, took the prisoner at the bar; and immediately on my asking her the question, she did own that she did swear to an affidavit relating to Macdaniel; and on her being brought before my lord mayor at this court, and this affidavit shewed to her, she did own that she did swear to it; and the hand writing at the bottom, Mary Carey , was her hand writing. And as she had sworn, that she went to the house of John Smith , she was asked if she could go and shew me the house of John Smith ; she then prevaticated, and said, she could not, for that she never was at John Smith 's house.

The Affidavit read to this purport.

Mary Carey , wife of Jos. Carey, of Gloucester-street, Black-friars, sawyer, maketh oath, and sayeth, That she, Mary Carey , at the request of Stephen Macdaniel , did go to the house of John Smith , in Princes street, Lincoln's-inn fields, shoemaker; to desire him to come to the said Stephen Macdaniel , now a prisoner in Newgate, in order to be a witness in a trial preferred against him. That she saw his wife, who told this deponent, that her husband went on Monday to Portsmouth, and would not return from thence, till the latter end of next week, which she verily believes to be true. Sworn February 28.

Q. from the foreman of the jury. Did she say before my lord mayor, that she was at the house of John Smith, shoemaker ?

Cox. The affidavit was read to her, wherein it is said; that she went to the house of John Smith , shoemaker, and she said the affidavit was true, and that she did swear to it; but being asked to shew the house again, answered; she never was at the house of John Smith , but had met a woman in the street, with a child in her arms, who had told her this.

Jos. Haywood. I attended here in the February sessions, in order to hear the trial of Stephen Macdaniel and others, the thieftakers; there was a motion made upon an affidavit from the prisoner Macdaniel, and another from this woman, in order to put off the trial. The day before it came on, their affidavits were suspected not to be true, and in the evening I was requested by Mr. Cox, and some other gentlemen, to go to Princes-street, Lincoln's-inn-fields, to inquire if there was such a person as John Smith , of Princes-street, shoemaker. We went six of us, and some of us inquired at every house in the street, but we could not make out any such person, either as an inhabitant, or a lodger. We were told there was another Princess-street, near Lincoln's-inn-fields; we went to that, and made the same inquiry there, but could get no account of any such person.

Q. Are you sure you asked at every house?

Haywood. I believe we did not miss any house at all, we were extremely careful in our inquiry.

Q. Did you never during your observations, know houses let out into particular tenements; that a person in one part of the house, does not know who lives in the other?

Haywood. I know there is a great many houses in this city let out into tenements; but whether there was any such person as John Smith lived in that street, I firmly believe there was no such person, not only as a housekeeper, but a lodger. We made the strictest inquiry possibly could be; even at chandlers-shops, and bakers, where they must go for their common necessaries. We were very careful in inquiring, but could not find any body that knew such a person.

Q. Will you upon your oath say that you have made so strict an inquiry, that you are certain there is no such person lives in either of these streets?

Haywood. I can go no farther than to say, I do not believe there was such a person lived then, in either.

Q. Give me an answer.

Haywood. I do not believe there was such a person.

Q. But if you were to swear absolutely whether there was such a person there, would you take upon you to swear there was no such person lived there ?

Haywood. If I make the greatest inquiry possible to be made, and there is no such person to be met with; I am bound to believe there is no such person; we could not find such a person; we were as careful, I believe, as persons well could be.

Q. Are you certain no house escaped you ?

Haywood. I believe no one did.

Q. Did you yourself personally make this inquiry?

Haywood. If I did not ask the question, some of us did.

Q. Did you go up stairs into every house ?

Haywood. We asked below, whether they knew one John Smith , or whether he lived there, or whether they knew one John Smith a lodger.

Will. Collins. I live in Princes-street, Lincoln's-inn-fields; I have asked this day at every house in the street that is inhabited, for such a person, or whether such a person lived there the 28th of February last, and cannot hear of such a person.

Q. Do you think there may not be a house that may appear to be uninhabited, and yet there may be people in it?

Collins. I asked at every house in the street but one, and there I know is only one woman lives in that house, and has for several years.

Q. Are you sure there are no lodgers there?

Collins. I am satisfied there is not; I live just facing that house.

Q. Are you satisfied there is no lodger in that street named John Smith ?

Collins. I am.

Recorder. That is more than I am.

William Heritage . I collect the king's-tax in Princes-street, Lincoln's-inn-fields, there is no house-keeper's name John Smith , lives in it as appears by the book, (producing it.)

Richard Robson . I live at the corner of Princes-street, and gathered some of the taxes last year, there is no such name in our books.

Q. Are you certain there is none of that name there, either house-keeper or inmate?

Robson. I never heard there was.

Q. Who pays the tax, the people above or below?

Robson. The people that keep the lower part of the house.

Thomas Stears . I live at Blackheath; I went that day to inquire with Mr. Haywood, and the other gentleman, and I could not hear of any such person as John Smith in Princes-street.

Mr. Lucas. I live in Cannon-street; I went to inquire for John Smith in Princes-street, and made a very strict inquiry; I went to every house myself.

Q. Did you ask if any lodgers were there?

Lucas. I asked whether there were any lodgers there of that name. I suppose by this if she is innocent, she knows where to produce evidences to clear herself.

John Haywood . We went to make this inquiry, on the 1st of March, after this John Smith in Princes-street; I never was more careful in any thing in all my life. I must say, if such a person had resided there, we must have had intelligence of him. We really did disturb the whole street; the neighbours looked out of their windows above, and called to one another to know what was the matter, we appeared in such an extraordinary manner. I do believe upon my oath, if such a person had lived there, he could not have escaped our hearing of him.

Q. Did you inquire of every person that lived in every house in that street.

Haywood. I will not take upon me to say that; it was every body's opinion we were extremely careful. I know some houses were called at three times over. After that we went to the other street, left we should make any mistake, and that is hardly known by that name. We were exceeding strict, and did it from a voluntary act of our own, out of pure justice to our country.

Joseph Cox again. I had gone over-night to inquire at five or six houses. I thought the man might be afraid to be seen; and for that reason I went the next morning to every chandlers-shop, bakers, barbers; and particularly inquired if any journeyman shoemakers lodged there. I did find three or four lodged at a barber's shop, but none by the name of John Smith ; neither could they tell me of such a person. I was at that barber's shop again to-day, and inquired if any other journeyman shoemaker lodged in that street named John Smith , but could not hear of any such person

Prisoner's defence.

I came to this place to bring some victuals to Mr. Macdaniel, at his wife's request, which was the second time of seeing him; the other time was after he came from Maidstone. The second time he gave me a shilling, and desired I would be so kind as to step to Princes-street, and inquire for one John Smith . I said I would serve him with all my heart. I went as soon as possible I could, and found within two or three doors of an alehouse (what the sign was I do not know) a woman with a child in her arms, she was the first person I saw in the street; I asked her if she could tell me where one John Smith , a shoemaker, was to be found? she asked what I wanted with him? I told her I came from the Old-Bailey from Mr. Macdaniel for John Smith to come to him; she said I know Mr. Macdaniel very well, but my husband is out of town, and will not return till the latter end of next week; his name is John Smith . This is every word, good, bad and indifferent. I did not swear it was at the house; the affidavit was taken wrong. What they wrote the Lord Almighty knows, and I do not know where this John Smith 's wife is, or whether I should know her if I should see her. I am wife to Joseph Carey Gloucester-court, Black-friars. I make child's-coats and mantuas.

Q. Have you any body here to give you a character?

Prisoner. No, there is none at present.

Guilty .

[Imprisonment. See summary.]

294. John Nathaniel was indicted for wilful and corrupt perjury . No evidence appeared.

Acquitted .

295. Miles Smith was indicted for wilful and corrupt perjury . No evidence appeared.

Acquitted .

296. Mary Candy was indicted for wilful and corrupt perjury . No evidence appeared.

Acquitted .

297, 298. John Jones and George Rhodes were indicted for a conspiracy .

No evidence appearing, they were acquitted .

Anne Philips , and Margaret Macdaniel , were committed to Newgate, to take their trials for perjury .

The lord chief baron ordered John Dailey ' otherwise Peterson, otherwise Walter Gahagan , capitally convicted in September sessions, 1755, and Thomas Scot , capitally convicted in June sessions, 1752, whose sentences were both respited, to the bar, and delivered in their hearing, the opinion of their lordships the judges on each case. And they received sentence accordingly.

William Darlew , otherwise Barlow , capitally convicted in April sessions. Richard Watson , and William Bowyer , otherwise Scampy , capitally convicted last sessions, received his majesty's most gracious pardon on condition of transportation during their natural lives .

And, Richard Griffith , capitally convicted last sessions, to be transported for fourteen years .

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

Received sentence of death 6.

John Dailey , otherwise Peterson, otherwise Walter Gabagan; Thomas Scot ; Mary Smith ; John ; James Bignal , otherwise John Morgan. Burnaby Horn, otherwise Horan.

Transported for seven years 20.

Susannah Bird ; Hannah Morris ; John Parry ; Sarah Readshaw ; John Burnet ; William Sparks ; Susannah Smith ; William Rice ; Sarah Grant ; Thomas Westcote ; Mary Robertson ; Sarah Anderson ; Thomas Read ; Thomas Clark ; John Conquest ; William Jackson ; Frances Norris; Elisabeth Windal; and Rebecca Fuller .

Branded 6.

William Warner ; George Barker ; John Davis ; Elisabeth Lloyd ; Edward Bradford ; and Mary Turton .

Whipped 1.

Sarah Tompson .

Mary Carey to be confined in the prison for the space of six months.

William Darlew , otherwise Barlow , capitally convicted in April sessions. Richard Watson , and William Bowyer , otherwise Scampy , capitally convicted last sessions, received his majesty's most gracious pardon on condition of transportation during their natural lives .

And, Richard Griffith , capitally convicted last sessions, to be transported for fourteen years .

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