Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 November 2014), September 1755 (17550910).

Old Bailey Proceedings, 10th September 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 10th, Thursday the 11th, Friday the 12th, Saturday the 13th , Monday the 15th, and Tuesday the 16th of SEPTEMBER,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VII. for the YEAR 1755. Being the Seventh 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 Justice WILLES *, Sir THOMAS DENNISON , Knt. + , Sir RICHARD ADAMS , Knt. || , WILLIAM MORETON , Esq; Recorder ++ ; and others of his Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

Thomas Watson .

Nathanael Delander ,

John Watts ,

John Shepherd ,

William Box ,

Robert Walker ,

Thomas Hughes ,

Henry Martin ,

Walter West ,

Henry Godwin ,

Thomas Griffith ,

James Healey ,

Middlesex Jury.

James White ,

Charles Covey ,

James Cotes ,

Adrean Marsh ,

Jervice Newton ,

Silver Crispin *,

John Bosworth *,

*Crispin and Bosworth being taken ill, William Bonham and Thomas Bishop served part in their stead.

Thomas Hughes ,

Thomas Rawlings ,

Benjamin Powels ,

Richard Lewin ,

Francis Flower .

299. (L.) James Lyger was indicted for stealing one man's hat, value 5 d. and one man's peruke, value 5 d. the goods of Nathanael Hatwell , Aug. 1 . ++

Nathanael Hatwell. On the first of August this hat and wig ( producing them) were taken out of my master's shop, in Lothbury . They are my property. I know nothing of the taking them.

Q. Where did you see them again?

Hatwell. At a dyer's shop opposite my master's.

Samuel Bentley . I live at the dyer's shop in Lothbury . I saw from thence the prisoner go into Mr. Wright's shop, a carpenter, opposite the way, and bring out this hat and wig. I follow'd and brought him back to my master's shop, with the hat and wig, till the prosecutor came home. We sent for him, and he owned the hat and wig.

Prisoner's defence.

I was going by, and found the hat and wig lying at the carpenter's door. Seeing nobody nigh it, I went and took it; and asked a person if it belonged to him? He said it was not his; so he went about his business, and I about mine; then they came and took hold on me.

Q. to Bentley. Did you see the prisoner within the door?

Bentley . I did. He went into the shop, and brought the hat out under one arm, and the wig in his right-hand.

Guilty .

[Transportation. See summary.]

300. (M.) Elisabeth, wife of Edward Morgan , was indicted for stealing one brass fender , val. 5 s. one tea-kettle , val. 2 s. one copper saucepan, one iron trever, one copper drinking-pot, two blankets , one sheet, and one napkin; the goods of Mary Moore , widow ; the same being in a certain lodging-room let by contract , &c. June 6 .

++ Acquitted .

301. (M.) Jonathan Wigmore was indicted for that he a certain pistol loaded with gunpowder and a leaden bullet, did wilfully and maliciously shoot off at Duncan Robertson , May 7 . +

Duncan Robertson . On the 7th of May last, I went out from London with the York coach. I was sitting on the box with the coachman, going over Finchly-Common . There came a man on a bright bay horse, with a small swish tail ; he had on a fustian frock, with a pair of greasy breeches, and his face covered with a black mask, a slouch'd hat, and a black peruke.

Q. Did he overtake or meet you?

Robertson . He overtook the coach , and rode up to the coachman on the off-side, and immediately, with a great oath, ordered him to stop, or he'd blow his brains out. The ladies in the coach seeing him pass the window, with a pistol in his hand, and a mask on his face, said one to the other there comes a collector, get your money ready.

Q. How many passengers were there in the coach?

Robertson. There were five gentlewomen, and a gentleman of about 50 years of age. The coach stopped. He immediately order'd the ladies to pull down the coach windows , or he'd blow their brains out. One of the gentlewomen said, have a little patience, and we'll give you our money directly. He, with a great oath, said, my business is haste . There was a servant belonging to capt. Paterson asleep in the basket. The robber thought he had got fire-arms about him, and said to him, if you don't come out I'll blow your brains out. I had a pistol in my pocket, being quite new; I took it out; he did not then perceive me; I could not fire it off; I return'd it near my eye to see whether I had got my finger on the guard or the trigger; then he perceived me. Upon seeing it, he said, you rascal come down, or I'll blow your brains out. He rode round the coach, fearing he should shoot the coachman. I said to the coachman, for God's sake get down; which he did. The robber rode round the coach, and swore he'd blow my brains out; and I ordered the robber, as he came round, to fire at me.

Q. Why did you order him to fire?

Robertson. I thought I should have the better chance to fire last. He would not fire. Immediately I fired at him; and he directly fired at the same time. I did say I hit him; but I can't be certain; I suppose I did. His ball went thro' the right shoulder of my coat and waistcoat, and just graz'd, my shoulder. (He shew'd the hole in his coat, having it on.) Immediately I jump'd from the box, on the near side; and he jump'd his horse over the ditch by the road-side, and turned his horse's head about towards the coach again; I ran round the horses, and attack'd him on the other side, and pull'd out my other pistol; I talk'd much to him; he did not say much; then he shot at me a second time; his ball went just by my body, as I was between him and the coach, and swore he should not rob the coach. That ball graz'd under the coach wheel. Then I said I am your master now; you have got no more powder and ball.

Q. How near was he at that time to you?

Robertson . He was about ten yards from the coach, and I was between that and him. Immediately he pull'd out a third pistol, and shot at me a third time. That ball fell into a little puddle of water, and, thanks to God, did not hit me. Then immediately he rode off, and I call'd him many names as he rode. Then I got up on the coach-box, and we went on; and I can give no farther account.

Cross examination.

Q. Did you know the man that fired at you?

Robertson. I can't say the prisoner is the man; for I did not see his face.

Thomas Cogdel . There came a gentleman riding after the prisoner, and call'd, Stop highwayman.

Q. Where was this?

Cogdel. This was at East-Barnet . I followed the prisoner to Enfield-Chase . I went up to him, and bid him throw his pistols away; he said, he would not. I bid him throw them away three or four times; at last he said, young man come and take them. I was going up to him; he said, young man stop before you come any further; I did; then he said, will you not hurt me? I said, no; then I was going up to him; he said, stop before you come any further; and added, will you not let any of the others hurt me? I said they should not if I could help it; then he said, come and take them; which I did; there were three of them. (Produced in court, three horse pistols .) We took him to Barnet, to the justice's, and from thence to the sign of the Swan; there he lay all night.

Q. from the prisoner. What time of the day did you take me?

Cogdel. This was in the forenoon; I can't justly tell the time.

James Lockey . On the 7th of May I was, among others in pursuit of the prisoner from, East-Barnet to Enfield-Chase , where we took him.

Q. About what time did you take him?

Lockey. I believe it was about eight in the morning. We carried him to High-Barnet , before the justice. I did not see him examined there, being obliged to go and get my cloaths I had pulled off in the pursuit. Then I returned, and went to the prisoner at the Swan; there I saw his thigh cut in order to take out a ball.

Q. What ball?

Lockey . I shot him before he would be taken, in the pursuit. I saw Mr. Robertson before justice Fielding, and saw him shew the hole in his coat, where he said the highwayman shot him.

James Swale . On the 7th of May, about six in the morning, I was at work just by where the York coach was stopp'd on Finchley-Common . I heard a gun go off, and somewhat of a noise with it. I stepped about a yard or two, and look'd over some pales , and saw a man attacking the coach. I heard Mr. Roberson say to the man on horseback, sirrah , you rogue, you villain, you want to rob the coach, and you shall not. You are a highwayman, a thief. I saw Robertson fire once, and the prisoner two times.

Q. How do you know it was the prisoner?

Swale . The man that was taken was on the same horse, and I saw him upon the pursuit.

Q. Did you observe whether the man's face was cover'd?

Swale. I could not; I believe I was 200 yards from him.

Q. Which way did he make off?

Swale. He rode towards Brown's-Wells-Hill , coming towards London.

Q. Describe the horse he rode upon, and his cloaths.

Swale . It was a bright bay lame horse, and he seemed to be in a darkish sort of a frock, with a hat not cock'd up, and a black wig. I went to my master, and call'd out, there is a man will rob, or has robb'd the coach.

Q. Did you ever see him after that?

Swale . I did in about a quarter of an hour, upon Finchley-Common , making up to a wood.

Q. Are you sure that man was the man that had left the coach?

Swale. I am sure he was the same. He went into the wood, and so did I. There were so many people about it, that he was obliged to forsake it, and I met him again on the side of the wood, the same man, and the same horse; then he made away for East-Barnet and Enfield-Chase . I could not run so fast as he rode. Two men on horseback began to follow him from the man hanging in chains on Finchley-Common , and I and the two witnesses that have been examined followed so far as Coney-hatch , and then went back again to my work.

Cross examination.

Q. How near was you to the man when he came round the wood?

Swale . I was not 200 yards from him; I once was within 50 yards of him.

Q. Who were the persons that followed the man?

Swale . One is William Taylor , the other John Newil ; I could see them; he kept galloping , and they after him.

William Taylor . I was facing the man hanging in chains on Finchley-Common , and was shew'd the prisoner, and pursued him to the place where he was taken. There were a great many people round the wood; the man was described to me that had stopped the coach in another sort of a dress than the prisoner had on. He had on a loose brown great-coat , and a whitish wig; he was on a bayish sort of a horse.

Q. to Swale. Had the man you saw a great-coat on?

Swale. No; he had not when he left the coach; but when he came out of the wood he had a light loose great-coat on, and a light wig.

Q. How do you know that this was the same man you saw before?

Swale. It was the same horse, and the same size of a man, as nigh as I could guess.

Q. Did you ever see the man's face?

Swale. I did, when he went from the wood; he had no mask on then.

Q. Had you ever seen him before that day?

Swale . No; I never did to my knowledge.

Q. How old are you?

Swale . I am in the 74th year of my age.

Q. By what do you know the horse?

Swale. The horse had a little swish or wisk tail; a bay horse, and lame; the same that the man rode who attacked the coach.

Taylor continues. I pursued the prisoner from that place to the place where he was taken. His horse broke his leg at East-Barnet , and we took him on Enfield-Chase . We carried him before a justice at Barnet; after that he was carried to the Swan at Barnet, and had his wound dressed.

Q. In what part was he wounded?

Taylor. He was wounded through the hand, and into the thigh.

John Newil . On the 7th of May I got up about six in the morning ; I was told there was a highwayman in the wood ; the man was described to me; I got my horse, and went.

Q. How was the man described?

Newil. To have a lightish sort of a coat on, and a horse with a swish tail. I went into the wood, but could see nothing of him. After I had been there some time, out came the prisoner . I was within sixty yards of him; he was dressed in a loose horseman's coat; he had the frock underneath it, as was described to me, as I imagined , and a grey wig on. I said to William Taylor , that must be the man; we will follow him ; he turned about, and took out a pistol and swore if we followed him he'd blow our brains out. Then we turned back a little way , and followed him again, and went on to a place called Coney-hatch , then through a large wood; and as he was riding up a hill at East-Barnet, his horse broke his leg short in two. I rode and catched hold of his horse, and he jump'd off, and ran down a lane; I rode down after him; I was near him when he was taken. In the whole I believe I was six or seven miles after him; sometimes within an hundred yards of him, and sometimes less.

George Gardner . I was at work upon the Common that day, and was told a man had been firing at a coach. I was hewing of timber, and did not hear it. I saw his horse went lame. We pursued, and could track him by a bar-shoe. I also saw the prisoner's horse after he was dead, and he had a bar-shoe on.

Kinga Brebrook . I saw the man attack the coach, and fire when he left it. I followed him to the wood.

Q. How was he dressed when he attacked the coach?

Brebrook. I don't know. He was upon a bright bay horse, with a sort of a swish tail. When I lost sight of him I track'd him by a bar-shoe the horse had. When he came out of the wood again I was standing at the place where he went in.

Q. How long did he stay in the wood?

Brebrook . He came out I believe in about half an hour. I was in the path-way. I saw his face. He drew out one of his pistols, and carried it in his left-hand. I got out of the path to let him go by.

Q. Was it the same man that you had seen before?

Brebrook. I can't say it was the same man, but it was the same horse that went into the wood. I followed him as far as Coney-hatch, but was not present when he was taken.

Prisoner's defence.

They have got another witness to call, that the coachman that drove the coach, and the constable.

Court. Then you may call him, if you please

Prisoner. Call John Pooley ; he will tell the court the horse the man rode had a cut tail.

John Pooley . I drove the York stage when it was stopp'd, as has been mentioned.

C. Describe the horse the man rode on.

Pooley. He was on a brown bay horse, with a swish tail.

Richard Doubleday . I am a constable. Some time after the prisoner was committed we had an affair to settle with the overseers of Enfield parish. As my brother constable and I went there, while we were going along, I said we will call and see Jonathan's horse. We call'd at the sign of the Cat; the horse was in the stable there; he was a bayish gelding, with a black mane and tail, and to the best of my remembrance a cut tail.

Q. Did you look at his shoes?

Doubleday. No; I did not.

Q. Do you know how long the tail had been cut?

Doubleday . I don't.

Q. Was you acquainted with the circumstance of the bar-shoe then?

Doubleday. No; I was not.

Humphry Buckle. My brother constable and I going towards Enfield, we called at East-Barnet on purpose to take the marks and colour of the horse.

Q. When was this?

Buckle. This was about seven days after the prisoner was taken.

Q. Was it before the horse was kill'd?

Buckle. It was. I saw him; it was a bay horse, with a cut black tail.

Q. Are you sure it was cut?

Buckle . I suppose it was cut.

Q. Was it or was it not cut?

Buckle . It was, but not that day.

Q. How do you know that?

Buckle. I know that; it had been cut some time before.

Q. How long before?

Buckle. Some time.

Q. Had it been cut a week?

Buckle. Above a week, or a fortnight, or a month either . Here has been many people examined here that don't know a horse from a cow, except by the horns. I get my bread by buying and selling horses.

Q. Where do you live?

Buckle. I keep a publick house; my character is fairish .

Q. Did you examine about the bar shoe?

Buckle. I know nothing of that.

James Lockey . This can't be true. We killed the horse in three days after the prisoner was taken.

Prisoner. That man shot me in the hand, and in the thigh, both at one time.

The prosecutor looked at the three pistols. I will swear these are the three pistols that were shot off at me.

Thomas Palmer . I have known the prisoner five or six years; he once kept a publick house in Fleet-lane.

Q. What is his general character ?

Palmer. He has so good a character, that was he out now, I would lend him a hundred pounds. I never thought him capable of doing such an act as he is charged with.

William Megers . I have known him ten or twelve years; he has a very good character as ever I heard a man have in my life. I never heard anything bad of him. He has dealt with me for many a pound. He lived in Fleet-lane. I used to look upon him as a man of substance.

Q. What are you?

Megers . I am a butcher.

Mr. Porter . I have known him about nine years; he was a very good neighbour, and bore the character of an honest man; I don't believe he would be guilty of shooting at a man; neither will any of my neighbours.

Thomas Rawlinson . I have known him nine or ten years; he always bore a very good character as ever I heard in my life. I looked upon him to be a man of substance.

Thomas Holding . I have known him about five years; he bears a very good character. I have earned many a pound of him; I don't think him guilty of this fact.

Q. Did you know him when he kept a publick house?

Holding. No; he has not kept a publick house this five years.

Q. What business has he followed within these five years?

Holding . I can't say what business he follow'd this last five years; he is a very honest man.

Q. to Palmer. What became of the prisoner when he left the alehouse?

Palmer. When he left the alehouse he married a widow, and she and her mother lived together. They had an estate, and lived on their substance . Since that, he used the Bull-and-Gatter in Fleet-market.

Q. What was that estate per year?

Palmer . I have heard it was about 40 l. per year. I know he sold some of it.

Q. Did you ever hear he was employed in any other way?

Palmer. No; I never heard what else he was employed in?

Q. to Holding. In what business have you earn'd many a pound of the prisoner?

Holding. I earned 20 l. of him in my way.

Q. In what?

Holding. In scouring cloaths for him.

Cornelius Molear . I have known him about four years last past; he lived in Bell-savage-yard.

Q. Had he a house there?

Molear. He was a lodger, I believe. I was pretty frequently in his company. I look'd upon him to be a man of a good character.

Guilty , Death .

302, 303. (L.) Peter Reddy , and Zebulon Thrift Blackston , were indicted for stealing one silk handkerchief, value 1 s. the property of Geo. Bellas , Esq ; privately from his person . ||

Giles Nightengale . I was coming thro' St. Paul's church-yard some time last month; the day I have forgot; it was between five and six in the afternoon; I met a gentleman of my acquaintance, and was standing near the toyshop at the corner; the two prisoners came by me, and followed Mr. Bellas close; I said to the gentleman with me, those boys look like pick-pockets, let us see if we can detect them; we followed them through Ludgate ; the prisoners turned up the Old-Bailey, and Mr. Bellas proceeded forward; we went to Mr. Bellas, and ask'd him if he had lost any thing?

Q. Did you see the prisoners do any thing?

Nightengale. The crowd was so great at Ludgate we could not see them do any thing.

Q. How near was you to them there?

Nightengale. We were within about 15 yards of them, and they were close behind Mr. Bellas all the way. Mr. Bellas immediately reply'd he had lost his handkerchief; we told him we suspected two lads that had followed him, and if he would turn back we might take them. We ran after them, and when the boys saw that, they run; we pursued them through several alleys, till we came cross Fleet-lane, and took them in an alley; they both run together; we carried them into a publick house, called a coach , and took them before my lord-mayor ; they were searched, but no handkerchief found, neither would they confess any thing . We came back to search where the boys had run; and as we were coming down an alley a man called Mr. Bellas , and said a girl had found a handkerchief .

Q. Did you see them drop any thing?

Nightengale. No ; they ran so fast I could not see that.

George Bellas , Esq ; This gentleman that has been giving his evidence, and another , came to me on Ludgate hill , and ask'd me if I had lost any thing; I put my hand in my pocket, and said, yes , my handkerchief. They told me they would shew me the persons that had taken it.

Q. When had you your handkerchief last as you can remember?

Bellas . I had seen it within a quarter of an hour before ; I had it in my right hand coat pocket.

Q. Was your coat open?

Bellas . My coat generally is open, and I believe might be then. I went back with the gentlemen to the end of the Old-Bailey; I was shewn the two prisoners, a pretty way up the Old-Bailey , together; the gentlemen were both strangers to me at that time; one of them lent me a stick; I ran; the boys seeing me run, they both ran down a court, I believe it is called Black-and-white-court; I followed them down; there was a gateway, where I believe they slung the handkerchief away; they ran cross Fleet-lane, and going up a hill, on the other side, among the narrow places, we stopp'd them, and took them before my lord-mayor, where they both were searched, but no handkerchief found; and they both denied the fact. I was convinced that the handkerchief was either lost, or slung away, in the pursuit. I desired the gentlemen to go back with me, to look for it. When we came to Fleet-lane, one Mr. Evans told us his servant had pick'd up a handkerchief in Black-and-white-court. She gave me the handkerchief; I know it to be my own.

Q. Is she here?

Bellas . She is a child of about 12 or 13 years of age, and not of years sufficient to give testimony. I went back again to my lord-mayor. The boys were separately examined. I was in hopes the little one would have confessed the fact, and given evidence against the great one; but he denied it. The great one, which is Blackstone, cried, and fell on his knees, and said they both were concerned in picking my pocket; but the little one did the fact .

Blackstone's defence.

I am not guilty of the fact. My father is a shoe-maker, and lives in the Borough; I assist him in his business.

Reddy , Acquitted .

Blackstone, Guilty 10 d.

[Transportation. See summary.]

304. William Levit was indicted for stealing one silver watch. value 20 s. the property of Edward Hassel , Aug. 10 . No prosecutor appeared.

Acquitted .

305. (M.) Catharine, wife of Henry Besley , was indicted for stealing two shirts, value 5 s. the goods of James Jones , July 30 .

|| Acquitted .

306. Mary Fagan , widow , was indicted for stealing fifteen shillings and three-pence , in money numbered ; the money of John Ward , privately and secretly from his person . John Ward did not appear, and his recognizance ordered to be estreated.

Acquitted .

307. Lydia Franklin , spinster , was indicted for stealing one blanket, value 12 d. one neckcloth , value 2 s. two china cups, value 1 s. one milk-pot , value 6 d. the goods of John Scot , July 17 . No evidence appeared.

Acquitted .

308. (M.) William Wilton , was indicted for stealing two pair of glove-tops, value 2 d. 6 yards and one quarter of ribbon, and 11 s. in money numbered , the property of John Catts , Aug. 4 .

|| Acquitted .

309. (M.) Christopher Dorman , was indicted for stealing one iron ax, value 1 s. the goods of Daniel Harris ; one pair of scissars, value 6 d. one pair of compasses, value 6 d. the goods of Jerem Adkerson , July 27 .

+ It appearing by the evidence , the person that took the prisoner was since dead; and no evidence could prove the prisoner had either of the things in his possession, he was Acquitted .

310. (L.) Thomas Cole , was indicted for stealing one silver spoon, value 15 s. one silk and one cotton handkerchief, value 4 s. 6 d. the property of John Brook , July 7 . ++

Judith Brook . The prisoner was my servant ; I live at the Hospital-gate, Smithfield ; and keep a coffee-house . I lost a silver spoon and two handkerchiefs , on the 6th or 7th of July. The prisoner went away the day they were missing.

Q. Are you a married woman?

Brook. I am . My husband's name is John Brook. A neighbour of mine-informed me where the prisoner was to be found. I went and took him up, and he owned he took the things mentioned out of my bar, and had pawn'd the handkerchief for 1 s. 6 d. He own'd he had sold the silver spoon to a silver-smith ; I went there, and they owned to the buying it, and said it was cut to pieces, and I could not see it.

Thomas Greenaway . I was sent for to take charge of the prisoner; he owned to me he took two handkerchiefs and a table-spoon ; that he pawned one of the handkerchiefs in Bride-lane, ( producing one deposed to by the prosecutrix ). We went to the silver-smith where he said he had sold the spoon broke in two, next door to the Cross-keys tavern , Holborn. The woman remembered she bought such. a spoon of the prisoner, but it was cut in pieces, saying he had two tea-spoons and a pair of buttons in exchange, which he acknowledged was truth. The prisoner had nothing to say in his defence.

Guilty .

[Transportation. See summary.]

311. (M.) James Fagan was indicted for stealing one cotton gown, value 7 s. the property of James Cook , Sept. 9 . ++

James Cook . My wife keeps an old cloaths shop, in Middle-row, St. Giles's . I was backwards last Tuesday , when I heard a noise . I went out, and was told my servant was gone after a person that had been into my shop. I ran after them, and saw the prisoner after he was taken , and the gown, which was picked up. He denied having seen the gown; then I took him before a justice of the peace; before the justice he said, my servant in the shop gave him the gown, and bid him run away with it.

Sarah Ash . I am servant to the prosecutor. The prisoner came into my mistress's shop to sell a stock, which I bought of him, about five in the afternoon, on the 9th of September. I went to the next door for change; I left him alone in the shop; I gave him the change; he seemed to be in a great tremble ; when he went away I turned round to see if he had got any thing; I missed a gown; I ran after him, calling out, stop thief; he was stopt in a wheeler's yard, Newtoner's-lane ; he was taken to the justice; there he told the justice I gave him the gown, and bid him run away with it.

Q. Did you give him the gown ?

Ash . No; I did not. I never saw him before. The gown was found where he had thrown it.

Charles Hallowday . I am a coach-wheeler, and work in Newtoner's-lane. (He produced a gown.)

Q. to Sarah Ash . Do you know this gown?

Ash. It is my master's property, and had been in the shop just before the prisoner came.

Hallowday. I heard an out-cry of, stop thief, last Tuesday; I saw the prisoner run with a bundle under his coat: he ran up my mistress's yard; I went to him; I saw him throw something away; I looked where he flung it, saw it taken out; it was this gown; we went with him before the justice; there he said the maid gave it him, and bid him run away with it.

Prisoner's defence.

I know nothing at all about it; it is not the gown I had.

- Plunket . I have known the prisoner about seven or eight years; he has been a gentleman's servant; he always bore a good character.

Esther Cater . I have known him about three years and an half; I never knew him guilty of an ill; he has been out of service about a month.

Margaret Cater . I have known him half a year; I never knew any thing but what was true and honest.

Guilty 10 d.

[Transportation. See summary.]

312. (M.) Elisabeth Folks was indicted for stealing seven pieces of lawn, containing 52 yards, the goods of John Miller , in her own dwelling-house , July 11 . ||

John Miller . I am a pedlar , and sell linen. On the 11th of July, the prisoner called me into her house at Old-Brentford to buy some cloth. She bought three yards. I had carried in seven pieces of clear lawn, 52 yards, and laid it down on a chair. When I went to pack up my linen, I miss'd them; there were two of her neighbours with her. She and one of them went out; I asked the other that was there, if she knew of it? she said she did not. I desired her to go and fetch the prisoner; she came; I asked her if she saw the lawn? she said she did not. I got a warrant, and searched the house, and found it down in the vault, which was in a sort of a closet in the house.

Q. Why do you fix it upon this woman more than the rest?

Miller . This woman said before the justice, the other woman had no hand in it.

Q. Did you hear her say so?

Miller . No; I was told she said so.

James Grimsdel . There were seven or eight neighbours of us together at a dinner; we were told the constable was going to search the prisoner's house; so we went along with him. The house consisted of two rooms. I saw the lawn took out of the vault with a pair of tongs; it was roll'd up in paper. The prosecutor was ready to jump through the ceiling when he saw it brought out.

Prisoner's defence .

I am as innocent of it as the child in my womb.

To her character.

John Porter . I have known the prisoner above a year; she once lodged in my house; she never wrong'd me of any thing.

Q. What is her business?

Porter. She makes and mends for people.

Acquitted .

313. (M.) Samuel Swift was indicted for that he on the 22d of August , about 12 at noon, the dwelling-house of James Stevens did break and enter, no person being therein, and stealing out thence one gold ring, value 12 s. and one iron tobacco-box, value 1 d. his property . ||

James Stevens . I live upon Ricelup-Common . I was at work in the fields on the 22d of August. I went out about five, and returned about seven at night. I found my fore-door open; a staple of the door was drawn out, and the bolt but just shot into the hole; I did not miss the ring that night . One John Field went to give me a bit of tobacco , and I own'd the box he pull'd out; he told me he'd had the box a month. I do not know when it was taken away; I searched, and missed the ring, on the Sunday, from out of a drawer up-stairs.

Q. When had you seen it last?

Stevens . Not for six weeks. I had that again of one William Stonely .

Q. Where is he?

Stevens . He is not here. I took up the prisoner on the Monday ; he own'd he took the gold ring and iron tobacco-box, some bread, and some pork, out of my house; he own'd he had sold the ring about three weeks before that Saturday. The boy lives next door to me, with his father.

Q. Did you threaten or coax the boy to confess?

Stevens. No; not either.

Mary Stevens . The prisoner own'd he stole my gold ring out of a drawer, and sold it to George Clark . I had it again of one Mr. Stonely; but they are none of them here.

Q. How old is the prisoner?

M. Stevens. They say he is in his 14th year.

William Scarsbrook . I am constable, and took the boy up the 18th of August The boy owned he did steal the ring, and had sold it to one George Clark for a shilling; but it was found at one Stonely's house on our Common. (The ring produced in court, and deposed to by the prosecutor's wife.)

Q. Was the boy threatened?

Scarsbrook. No; not at all.

Q. How came you to go to Stonley's for it, if it was sold to Clark?

Scarsbrook. Because Clark said he had sold it to him.

The prisoner had nothing to say for himself.

Guilty 10 d.

[Transportation. See summary.]

314. (M.) James Povey was indicted for stealing three linen caps, and seventeen linen bags , the goods of John Golding , Aug. 23 . ||

Peter Colver . I belong to Mr. Golding's bowling-green , near Old-street . On the 23d of last month, between four and five in the afternoon, I went into the bowl-room; there I found the prisoner, and another with him. I ask'd him what he did there? he said, to do his occasions. He got from me, and ran towards Old-street workhouse; a man stop'd him; I searched him, and in his bosom found three caps, and six bags to use for bowling; I value them all at 2 s. When going before the justice, he pull'd out another bag, and said, here take them all. They are the property of John Golding . They were in the room before the boy came there.

William Dracope . I am the constable; the boy was in custody of Colver; I was sent for; they gave me charge of him. When going before the justice he pull'd out one cap, and delivered it to me, and said, here take them all; they had got the other things.

Prisoner's defence.

There were two other boys with me; they put these things in my bosom as I was standing looking at the people at bowls.

Mary Reynolds . I have known the boy from an infant; I never knew him to wrong any body; his father and mother are dead.

Elisabeth Holder . I have known him about four or five years; I never knew any harm of him; the two boys with him were very wicked children.

Elisabeth Wilsher . I have known him two years, he has been backwards and forwards to my house; I never knew any ill of him in my life.

Mary Reed . I have known him almost six years; I never knew any ill of him.

Guilty 10 d.

[Whipping. See summary.]

315, 316. (L.) John Benson , and Anne Parrot , spinster , were indicted , the first , for that he, in a certain open place near the king's highway, on Richard Stevens , did make an assault, putting him in corporal fear and danger of his life, and taking from his person one guinea , four shillings , and three-pence, in money , number'd; one iron key, value 6 d. the money and goods of the said Richard; and the other for receiving the said money, well knowing it to have been stolen , July 25 .*

Richard Stevens . On the 25th of July I was going home to my house, in Somerset-street, the ward of Portsoken , near Aldgate , between the hours of twelve and one in the night; going through Harrow-alley, that leads to my house, I saw a man and woman under a gate-way, about the middle of the alley; I pass'd them; I was about twenty yards off my own door; I heard somebody coming after me in a hurry; and I being lame, step'd a little on one side to let him come by me; he pass'd by, and turn'd short again upon me, and took me by my throat, and ask'd me for my money; I told him I had none. He said if I spoke another word he'd blow my brains out.

Q. Did you see e'er a pistol?

Stevens . No; I did not. He put his hand in my right-hand breeches pocket, and took from thence a guinea, a six-pence, three pennyworth of halfpence, and the key of my bureau; then he put his hand in my other pocket, and took out a queen Anne's half-crown, and a shilling; this was the prisoner at the bar; then he went off .

Q. Did you know him before?

Stevens . I have known him some time; he does not live a stone's cast from my house; I was just going to say to him, Jack, you will not rob me at my own door; but fearing he should prejudice me I did not; then I went home , and told my wife I had been robb'd, and of what, and by whom. The watch was coming the rounds , at the hour one ; I call'd him in, and told him the case ; then he and I, and my son went to his lodgings; we saw several women there, but neither of the prisoners. About eight o'clock the same morning, I went in order to get assistance , but the constable was not at home . When I return'd , my wife told me she had seen the prisoner Benson hanging over a post near Aldgate; soon after he came by my door; I sent my son after him, who said he had seen him and the other prisoner go in at the sign of Oliver-and-porter, in Harrow-alley; then I sent him for the constable, who came with him. The prisoner Benson being a desperate fellow , and it is a very bad place, my son took a cutteau under his coat, and we went all three together; going along, just under the gateway , where I had seen them before, there were the two prisoners talking to each other . I went up to Benson, and laid hold of him , and said, Jack I charge you with robbing me; he denied it; Parrot sneak'd off; we took him to a publick house in the neighbourhood, and searched him, but found nothing upon him but about three-pence halfpenny. I said, Jack, how dare you do a thing of this kind? where is the key of my bureau? that is of no use to you; the bureau is lock'd , and it will do it hurt to break it open. I also said I valu'd the half-crown (having it a pledge from my wife before I married, about twenty-one years ago), more than the guinea. He wrung his hands, and cry'd, and said, I am the man, I am the man that rob'd you, but I did not know it was you. I hope you will be favourable to me. He sent immediately for the key and half-crown to Parrot. She came in, and said the key is of no use, it will not fit my lock. I had the half-crown from the officer that I sent, or from her, I know not which. She cry'd a good deal; Benson accused her of putting him upon robbing me, saying he'd speak the truth if he died for it. Did not you, (he said) when you saw the gentleman go by, say, there is a chance for you. There is a gentleman suckey, (supposing me drunk, because I am lame, and walk hobbling) if you will not, I can do it myself, and get the money as well as you. The answer she made was, suppose I bid you kill him, if it was not your inclination, what business had you to do it? She cried, and said, you may hang me if you will; after that she said, you can only transport me, and you will be hang'd, and I shall be a bright woman when you are dead. He said she had taken the guinea, and put it to her mouth, and said it is but a counter, and she wanted to get it from him; and he had much ado to get it from her again. You villain, said she , how much of the guinea had I? You only fetch'd a pair of stays out of pawn , and bought me a cap, and two yards of ribbon; and said that the guinea was changed to buy him a pair of stockings, a striped waistcoat , and a leather apron; and all the money was spent , except the half-crown and two-pence half-penny . When I came with the watchman, we met Parrot very near the place where I had been rob'd; she said, what have you been rob'd? I never answer'd her; she seemed then to be upon the look-out, to see if the person made any outcry.

Q. Did you know her before?

Stevens . I have known her for years. When Benson was in custody, she said to me, I'll pawn my stays again, and a ring that I have, to make up the money, if you'll make it easy upon those circumstances. We thought it necessary to take her up; then Mr. Collet took hold of her.

Q. from Benson. Whether it is possible for him to swear to me in such a passage where it was so dark a man can't see his hand?

Prosecutor. It was moon-light; I saw him, and knew him very well.

Jefford Stevens . I am son to the prosecutor; I went with my father and the constable, when Benson was taken up; he confessed in my hearing that he rob'd my father.

Q. Of what?

J. Stevens. He did not mention the particulars; only he said he had the guinea; and he sent for the key and half-crown.

Joseph Collet . I am constable; I went with the prosecutor and his son to the Oliver-and-porter; there we took Benson; he at first said he was innocent, and Mr. Stevens was mistaken . I searched him to see if he had any pistols about him; I found nothing but two pence halfpenny about him. Mr. Stevens fell in a passion with him, saying, how can you deny it when you know me so well? Parrot came in, to see what was the matters and return'd; then Mr. Stevens said there was a woman in company; after that Benson confessed he had rob'd him of a guinea, half-a-crown, a shilling, a six-pence, I think three-pence halfpenny , and a key. Then the prosecutor said, give me the key, it will be of no service to you; and tell me where my half-crown is gone; I value it more than the guinea. Then he called to a person to go to Anne Parrot , to get the key and half-crown . They were brought; (he produced them .) I said I must be satisfied whether it is your key. I went to his house; Mrs. Stevens seeing it, said it is our key. I went to the bureau , and unlock'd and lock'd it. She desired me to leave it open, which I did .

Mr. Stevens . This is my key and half-crown, which I lost that night. I have had the half-crown twenty-one years; there is a little scratch on it. He named the letter it was under, which was shewn to the jury.

The prisoners said nothing in their defence.

To Benson's character.

Thomas Hiliar . I have known Benson about three or four years; I never heard any ill of him in my life.

Martha Watson . I have known Benson four years; he has lodged in my house two years; I have trusted him with 20 l. at a time to go and pay for me; he never embezzled a farthing of mine.

Q. Do you know Parrot?

Watson. I do as a neighbour; I can't say much to her.

William Cherry . I have known Benson six months ; I never saw any harm by him ; he was always a very civil honest man as far as I know of him.

Catharine Painter . I have known him ever since he was eleven years old; I know no harm by him.

Benson Guilty , Death .

Parrot Acquitted .

317. (L.) Catharine Curtice , spinster , was indicted for stealing two harrateen bed-curtains, value 7 s. the goods of Anne Loach , widow , August 23 . ++

Anne Loach . The prisoner was servant to me about two months. About the 18th of August last I miss'd several things of value out of my house; I charged her with them; she owned she had pawn'd them; I fetch'd them home , and turn'd her away. After she was gone I miss'd these two harrateen curtains ; I took her up, and ask'd her about them; and she told me she had pawn'd them at Mr. Clements's; I went there, and found them accordingly. (Produced in court, and deposed to).

The pawnbroker's servant deposed, he lent the prisoner 3 s. 6 d. on the curtains.

Guilty .

[Transportation. See summary.]

318. (M.) Elisabeth Butler , otherwise Carr , widow , was indicted for stealing one blanket, one bolster, three sheets, one silver tea-spoon, one pewter spoon, two knives, two forks, two flatts , an iron frying-pan, one pair of tongs, one napkin, and one brass candlestick, the goods of John Bolt , in a certain lodging room let by contract , &c.

+ Guilty .

[Transportation. See summary.]

319. (L.) William Williamson was indicted for stealing one mahogany tea-chest , value 4 s. the property of Thomas Phipps , Sept. 6 . ++

Thomas Phipps . I am a cabinet-maker in Leadenhall-street . All I can say is that the tea-chest is my property.

Owen Davis . I am apprentice to Mr. Phipps; Elisabeth Linsey told me there was a man just gone out of the shop with a tea-chest under his arm. I ran after him , and saw it under his arm , and he dropt it; I took it up, and he was secured.

Elisabeth Linsey . I saw the prisoner go into the prosecutor's shop, and come out with a tea-chest under his arm, and went and informed Owen Davis of it.

Prisoner's defence .

As I was going by, there happened to be a cry of stop thief; I ran, some was before, and some was behind me; they took hold of me , and charged me with stealing a tea-chest, but I was never in the shop.

Thomas Smith , who had known him from a child, and Abraham Jacob two years, gave him a good character.

Guilty .

[Transportation. See summary.]

320. ( M.) Amelia Stevens , spinster , was indicted for stealing one pair of leather pumps , val. 4 s. the goods of Edward Frost , Aug. 19 . ++

The prosecutor is a shoemaker . The pumps were at his window hanging upon two pins at nine o'clock in the morning on the 19th of August: they were missed about two; the prisoner was seen to take them by a neighbour , who informed the prosecutor of it. The prisoner was taken up, and confessed she had taken them, and had pawned them, but said she was drunk, and did not know where.

Guilty .

[Transportation. See summary.]

321. (M.) John Simpson was indicted for stealing eight gold rings, val. 40 s. the goods of Paul Callard , Aug. 20 . ++

Paul Callard . I keep a silver-smith's shop in King-street, Soho; the prisoner had bought goods of me between the 10th and 18th of August last. On the 20th I missed twelve gold rings out of my shew-glass: I went and got a warrant against him on the 25th, suspecting him. I took and brought him to the constable's house; there I charged him with taking these things; he owned he had taken eight rings from me: saying, I am very sorry I have taken eight gold rings from you, and you are the worse man for me by more than them, and offered to make it up by paying 3 s. 6 d. per week. We took him before justice Fielding, and got a search warrant: he told me where six of them were. They were at five different places; one in Newport-street, two in Sidner's alley , one in St. James's-street, one at a pawnbroker's . Some we found, the others did not deny but they might have bought them of him, but if they had, they were sold.

Q. What is the value of them?

Callard. They are worth 40 s. to be sure.

Joseph Innocent . I am a silver-smith; I bought a gold ring of the prisoner about a month ago, but I have sold it.

George Kennady, Murry . I keep a silver-smith's shop ; I bought a gold ring of the prisoner at the bar between the 20th and 23d of August, but I believe I have sold it.

Jacob Lawrence . I am a pawnbroker; (he produces a gold ring:) this I took in of the prisoner at the bar. [The prosecutor looked at it, and said he believed it to be his property.]

Abraham Barrear , the journeyman, deposed; the prisoner had been at his master's shop three times to buy goods, and he trusted the prisoner with the drawer in which the rings were to look over them at his pleasure.

Prisoner's defence .

The prosecutor has trusted me in the shop with the drawer when he has gone out of the shop, and it is extraordinary. I should take those rings and they not be missed sooner. I leave it to the jury whether it is probable.

Prosecutor. There were silver thimbles in the same drawer, and on the nail where he had taken a ring, he had hung up a thimble, so that they were not so easily missed at first sight.

Guilty, 4 s. 6 d.

[Transportation. See summary.]

332. (M.) Mary Carey , and Mary Sears , spinsters , were indicted for stealing a silver watch, value 3 l. the property of Humphry Trott, privately from his person , Aug. 25 . ++

Humphry Trott. On the 25th of August I went to a publick-house, the Peacock in the back lane, Rag-fair , to treat a man with a pot of beer, and Mary Carey was there; she brought me by the skirt of my coat into Sears's company.

Q. Was you sober?

Trott. I cannot say but I had been drinking before. Sears insisted of my going over the way to another house to be concerned with her. I went. Then she stole my watch.

Q. In what manner?

Trott. While I was concerned with her, she picked my pocket of my watch, my breeches being down.

Q. Was you upon the bed ?

Trott. Yes.

Q. Are you sure you had your watch?

Trott. I am sure.

Court. Why, you was fuddled.

Trott. Not so fuddled but I knew what I was about; I am sure I had my watch, just as I was going up into the room. I missed it within a quarter of an hour's time; I went back and charged her with taking it; I took them both immediately, and the watch was found and is in the constable's possession. I took them before Sir Samuel Gore , and one of them told the justice I had pledged it for half a crown. (The watch produced in court and deposed to.)

Q. from Carey. Ask him if he had any money to give the girl?

Trott . I treated them with six-pence, and had 2 s. 6 d. left in my pocket.

Q. from Carey . Ask him if he had made any present to her?

Trott. No I did not.

Elisabeth Goadby . I keep a sale-shop in Rag-fair; that day the watch was lost, a young girl called to me, and said, madam there is some whores in your alley have got a watch. I went out and saw the prisoners , and asked which of them had the watch? They denied it, but the young woman that informed me of it, took hold of the watch as Carey had it, and took it away and gave it into my hand. To the best of my knowledge this is the same produced here. I afterwards delivered it to the constable: Sears was blind, and they were easily secured.

Q. from Carey. Did I not tell you I was going to pawn it for the prosecutor?

Goadby . She said she had no watch, till the young woman took hold of it, and said here it is.

Anne Rothery . I was sitting at my father's door this day three weeks; I saw the two prisoners, and another woman come into the alley. I saw Carey hold the watch up in her hand, and the blind prisoner Sears was groping in her pocket for it. Then I went and told Mrs. Goadby. ( The rest as Mrs. Goadby deposed, with the addition that she took it out of Carey's pocket apron.)

Q. to prosecutor from Carey. Did you borrow half a crown of the constable?

Prosecutor. It was to pay for the coach.

Elisabeth Cosgrave . I was with Anne Rothery at her father's door. ( The rest as Rothery had deposed .)

Carey's defence.

The prosecutor left the watch with me at the publick house while he went over the way about five or six houses distance with Sears: he was to give her half a crown when he came back; then I was to deliver him his watch , but when he came back he wanted his watch, but would not give her the half crown which he agreed to give her , so I was going to pawn it for that money .

Sears's defence.

I was in a publick house along with Mary Carey : the prosecutor came in and sat down by me, he asked me to go into a private room with him? I asked what he would give me? He said he had no money , but he would leave his watch with Carey till he gave me the half crown, and after that he insisted upon the watch again, without giving me the half crown.

Both Acquitted .

324. (M.) Mary Colley , and Frances, wife of Robert Cockerill , were indicted for stealing two blankets, value 4 s. one pair of linen sheets, a copper sauce-pan, a pewter sauce-pan, a copper stew-pan, the goods of William Lloyd , in a certain lodging room, let by contract , &c. August 26 .

++ Both Acquitted .

325. (M.) Anne, wife of John Cook , was indicted for stealing one cloth cloak, two lawn caps, one lawn handkerchief, one lawn apron, one silver tea-spoon, one candlestick, and one linen shift , the goods of William Hunt , Sept. 1 . ++

The prisoner was employed to look after the prosecutor's child, at half a crown a week; she and the things were missing on the 1st of September. She was taken up on the the 4th, with the cloak and one of the linen caps on. She was charged with stealing the things mentioned, but would not own it; and in her defence said the prosecutor's wife lent her the cloak and cap.

Guilty 10 d.

[Transportation. See summary.]

326. (M.) Anne Sands , spinster , was indicted for stealing two dozen of linen handkerchiefs, value 11 s. the goods of Thomas Edgar , Aug. 29 . ++

Thomas Edgar . I am a linen-draper and hosier in East Smithfield ; the prisoner came into my shop and asked to see some check. I shew'd her a piece of check. Then she said she would not have an apron, she would have a pair of stockings ; she looked at some, but she shuffled about. I had a parcel of goods that lay tumbled about, having been shewing them to a customer. I thought she did not come to buy, and I told her so, and bid her go away; she went away; I stept to my door, and about two doors from mine she droped a piece of eight handkerchiefs. She strove to conceal them. I went and brought her back; then she dropt two more parcels of two different sorts of pieces of 16 handkerchiefs more, (produced in court and deposed to.) I did not see her. take them .

Prisoner's defence .

I never was in the prosecutor's shop at all.

Guilty .

[Transportation. See summary.]

327. (M.) Elisabeth Graves , spinster, was indicted for stealing one pair of linen sheets, one blanket, one counterpane, two candlesticks, and one iron fender , the goods of Thomas Inwood , in a certain lodging room let by contract , &c. Aug. 4 .

++ Guilty .

[Transportation. See summary.]

328. (L.) Anne Samuel , spinster , was indicted for stealing two yards of woollen cloth, val. 22 s. five yards of shalloon, value 7 s. two yards and quarter of worsted stuff, two linen shifts, half a yard of hempen cloth, the goods of a certain person unknown; and one silver thimble, value 10 d. the property of Anne Heath , Aug. 14 . ++

Richard Jecocks . I am clerk to Mr. Horne in Well-close-square; I had a parcel of goods come up by the Birmingham stage . I received advice of their coming, and went to the stage, and the book-keeper told me he had delivered them into the care of a porter. I went home, but did not receive them that night. I went next morning and inquired, and was informed by the porter there was a parcel directed for me, but that it was stolen from him .

Thomas Bramwish . I am the ticket-porter belonging to the Bull-and-mouth in Bull-and-mouth-street. On the 19th of August I had this parcel of goods delivered in my care , to deliver them consigned to Richard Jecocks : they came out of Warwickshire. I took that parcel, and seven eight more, and delivered them all but two before I got to the White-hart in Grace-church-street , and laid them down, and called for a pint of beer, and went down into the cellar to do my occasions. When I came up again, the prisoner who came there before I went down was gone, and one of my parcels: that directed to Jecocks . There were none in the house but another woman and the prisoner, and they were both gone, and had left their beer behind them, and the boy that draw'd the beer, he knew the prisoner. We pursued them both, but could not find either of them that night. About three or four days after , the prisoner was taken and brought before my lord mayor, and charged with stealing the parcel, but the denied it.

Mary Cutter. I live in Harrow-alley , Petticoat-lane; the prisoner came at night on the 9th of August, about 10 o'clock, and knocked at our door, the house of Elisabeth Howard . I unlocked the door; she said, d - n your eyes leave the candle, and I did , and turned my head and saw her drag in a bundle. She staid in the room about a quarter of an hour. The next day, she being in liquor, took the bundle and opened it, and I saw a ruffled shirt she took out of it.

Septimius Moseen. I am watchman and warder, in Aldgate-ward , the prisoner came to me at the watch-house on the 9th or 10th of August, about 12 at night; she wanted me to let her come in, saying she would send for half a dozen of beer: No, I said, I do not choose it, but said she might sit on the stone steps, and no body should hurt her. She came to the watch-house door, and made me a present of a silver thimble for my daughter. When she was taken up, and before my lord mayor, I produced the thimble. There was Mr. Jecocks, he desired to look at the thimble. There was a young woman there that claimed the thimble, and described it to have a bruise in it before she saw it.

Martha Orchard . That thimble that the watchman has got was mine, and I gave it to Anne Heath . (Produced in court. She takes it in her hand .) I believe it to be the same by several marks. Miss Heath has been in the country , and is come up again; she is the relation of Mr. Jecocks. She is but about eight years of age.

Prisoner's defence.

I found that thimble about two months ago in Houndsditch.

Acquitted .

329. (L.) John Barron was indicted for stealing five pounds weight of sugar, value 20 d. the property of John Pike , Sept. 9 . ++

The prosecutor is warringer at Sisner's-key ; he is accountable for what is deficient when it goes out of the warehouses. The prisoner was stop'd upon the stairs, coming down with the sugar loose in his pocket .

Guilty .

[Transportation. See summary.]

330, 331, 332. (M.) John Salter , James Hines , and John Palmer , were indicted, the first for the wilful murder of Owen Crane ; the two others for being accessary thereunto , by aiding, abetting, and assisting the said John Salter , June 19 . John Salter stood charged on the coroner's inquisition for man-slaughter. ||

Eleanor Crane . I am widow to the deceased. He had been beaten , but I did not see him till in the Gatehouse, on the 19th of June, after eight at night . He could neither speak , sit, or stand; he had no more sense than the sole of my shoe. I sent for a surgeon , and got him blooded.

Q. How was he for health the day before?

Crane . I dined with him that day; then he was hearty and well as ever I saw him in my life. The next day he was carried to the workhouse. This was the Friday; he remained there till the Thursday following; then he was carried in a chair to Westminster-infirmary , and was there but about two or three hours; then they carried him home by his desire. He lived after the beating five weeks and one day .

Q. Did he go out of doors in the time?

Crane. He did; he went to sell milk one day; he lived eight days after he took to his bed.

Q. What marks did you perceive on him?

Crane. He was cut under one of his eyes, I can't tell which; he had a mark on his hip, just by his groin; and he always complained of mortal bruises inwardly.

Henry Jones . I was going from my work just about seven o'clock in the evening; I saw Owen Crane walking up King-street, Westminster , with a stick in his hand; it seemed to be a large stick, something like a broom-stick; somebody called out, stop thief ; there was a mob at the upper end of the street; Crane pass'd through some of the people; there was a soldier, being a chairman , drew out his chair-pole, and struck at him , but I can't say it hit him.

Q. How near was you to them?

Jones. I was about thirty yards off. The deceased, I believe, made a blow at him, whether he struck him I cannot tell. There was a man's servant, in a light coloured, turn'd up with red, and a silver-laced hat, she ran up to the deceased, and struck up his neck, and fell upon him. At the same time the chairman took up Owen Crane's stick, and struck him with it several times. There was an acquaintance of more laid hold of me, and carried me out of their company, or I had taken the deceased's part

Q. Can you assign any reason why the chairman drew out the chair-pole, and struck at the deceased?

Jones. I know of no other reason than that of their crying out, stop thief. I went to see him at the workhouse on the Sunday after; then he excessive bad, and reach'd very much with blood; I observed several marks about his body; I saw a black mark under his rib, where he said his pain lay on his left-side.

Q. Did you see the other two prisoners do anything ?

Jones. I know nothing against them.

Cross examination.

Q. Who was that gentleman's servant?

Jones. I don't know.

Q. How long were they on the groun d together?

Jones. To the best of my knowledge they were on the ground a minute.

Q. Did you see any struggle between them when they were on the ground?

Jones. No; it is possible the fall might disorder them.

Q. Which fell uppermost?

Jones. The gentleman's servant .

Q. Did you see any blows?

Jones. The gentleman's servant struck him.

Q. Did he fall hard upon him?

Jones. He fell as hard as he could upon him, to my thinking.

Q. Did you see the chairman strike the deceased , before the deceased struck him?

Jones. I saw him strike at him with his pole; but whether he struck him or not I don't know.

Q. Did you see the deceased abroad after this?

Jones. I saw him come down King-street once after.

Q. How long after ?

Jones . I can't say how long.

Q. Was it a week after?

Jones. It was more than a fortnight after.

Q. Did you see him abroad more than once?

Jones. No; no more than once.

Q. How did he appear then?

Jones. He appeared excessive bad, and was oblig'd to be led home, or partly carry'd between two men.

James Hamilton . I went to see Crane on his death-bed, about the 21st, 22d, or 23d of June; he said he was ill of the bruises he received at Westminster . I asked him, who gave him the bruises? he said, two chairmen. I ask'd him , if he knew them ? He said, they beat him till his sight left him. I ask'd him, if he knew any of them mes? he said, one was named Salter; I said, do you lay your death to any of them? he said, I lay my death to Salter in particular. We took him up the day after Crane died; we took him before esquire Manby ; Esquire Manby said, Salter, I am sorry for this; so am I, said Salter; for it is the others should be taken up as well as I, for they had a hand in it as well as I. On the 20th of June I was at Mr. Bennet's office, a justice of the peace; I said to Salter (he having a broom-stick in his hand) I suppose that is what you hurt the man with yesterday ; he said, yes it is. A man that was by said, you ought to be made to pay for it; he answered, if I had you in the street I would serve you the same; I am the king's servant, and have an authority to serve any body so that I hear make a noise in the street.

Q. Did you hear the deceased say any thing against the other men?

Hamilton . No; I did not.

Cross examination.

Q. Did he say any thing more, when he said he had authority to serve any man so?

Hamilton . At the same time he said he had orders to aid and assist.

Cicilia Read. On the day the blows happened, I was coming up King-street; I saw Owen Crane before me; I said to him, all the rest of your comrades are taken prisoners; do you go home.

Q. What did you mean by comrades?

Read. They were his fellow-labourers; this was when he came out of Mr. Gray's house. Mr. Salter bid him stand, and said he had murder'd a woman .

Q. Do you know why he told him that?

Read . No; I do not, I saw nothing of that. Owen Crane had a broom-stick in his hand, and he held it up.

Q. Was that to strike , or to defend himself?

Read. I don't know which.

Q. Did he point it towards the prisoner, or did he hold it cross-ways?

Read. He held it cross-ways. Mr. Salter knock'd him down with a chair-pole ; I clap'd my hands together, and said, are you going to murder the man? There was a footman there; I ran away, and said they are going to murder the man . I went to the Gatehouse the next day, to see Owen Crane ; but he could not speak to me.

Cross examination.

Q. Did you hear the cry, stop thief?

Read. No; I never heard that.

Q. Did he stop when Salter bid him stand?

Read. Yes; he did.

Q. What part of the deceased did the chair-pole come on?

Read. I think it came on his left shoulder or side?

Q. Are you sure it struck him?

Read. I am not sure it did; to the best of my knowledge it did; when he lay down, Salter had his left knee on him.

Q. Did you see any body else there?

Read. I saw a footman, with a silver-laced hat.

Q. Did you see the deceased and the footman struggle together?

Read. No; I did not.

Q. Did you hear any thing said when they lay on the ground?

Read. No; I did not.

Q. Can you, upon your oath, say, that the reason of the deceased's falling was by the blow or the struggling?

Read. To the best of my oath it was by the chair-pole knocking him down.

Q. How near was you to them?

Read. I think I was within about three yards of them.

Q. Did you see Palmer or Hines then?

Read. They were a good way off when he was knock'd down.

Elisabeth Bowen . I lodge at the Coach-and-horses, the house of Mr. Gray; I was sitting at the door; I saw a mob gather'd; the deceased went to make his escape from Mr. Salter, and another man ; he was making his escape, and Salter struck him on the shoulder with a broom-stick.

Q. Did you see a chair-pole?

Bowen . No; I saw nothing of the chair-pole .

Q. Do you know how Salter came by that broom-stick?

Bowen. No; I did not. I laid hold of the broom-stick, and took it out of his hand.

Q. Did Salter say any thing when he struck him?

Bowen. To the best of my knowledge he did not. After that he took the stick out of my hand again, and hit the deceased a blow cross the stomach; and immediately the blood gushed out of his mouth and nose. I saw the prisoner after that in the workhouse; he complain'd of pain in the pit of his stomach. I did not see him after that.

Q. Do you know any thing against the other two prisoners?

Bowen. I know nothing of them.

Cross examination.

Q. Did you hear any body say the deceased had murder'd a woman?

Bowen. No; I did not.

Q. Did you ever see the deceased out about his business after that?

Bowen. No; I did not.

Mary Davison . I was going to the apothecary's for something for my husband . On the 19th of June, betwixt six and seven in the evening, going along King-street , I saw James Hines take the deceased by the arm, and wanted him to go along to the justice's; the deceased was then bleeding at the nose. Hines said, d - n your blood, go along ; you can go as well as I can; you only sham it; and gave him a kick on his backside with his foot.

Q. Was he standing then?

Davison. No; he was lying on the ground; then John Palmer laid hold of his collar, and drag'd him along. The blood ran out of his mouth and nose.

Cross examination .

Q. Had you heard that a woman had been knock'd down by the deceased?

Davison. I heard a woman had been used ill by the deceased. One Mr. Wilkerson said, he was used very right, for he would have kill'd all if he had not been served so.

Q. Did you hear the cry of murder?

Davison . No; I did not.

Q. Did you hear of any body being taken up?

Davison. I heard there was a warrant against four labourers, but did not hear the deceased's name.

Mary Corbet . I keep a publick house. I was standing in King-street; there came Mrs. Read. she said they had murdered a man. I staid in the street till the man was brought past me; it was the deceased; his face was all over bloody; I followed the mob; but whether the man was knock'd down or not, I know not; I saw him lying on the ground; I saw two men take him by the two arms, and drag him along.

Q. Was Mr. Hines there?

Corbet. I know him very well; I did not see him near the deceased.

Samuel Gray . A little before this accident happened , there came a constable with four men in custody, which he took in Mr. Watling's Buildings , near my house.

Q. Was Crane one of them ?

Gray. No; he was not. They were labourers. The constable desired me to be one of the men's bail ; I said I would.

Q. What were they taken in custody for?

Gray. For assaulting a woman. During the time I was with them , I heard a great noise of a mob in the street ; but I saw nothing done to the deceased. I saw him afterwards in the Gatehouse; he could not speak to me .

Q. Did you see him about his business after he was beat?

Gray. I did once in my own house; I ask'd him how he did? he said he was very weak .

Cross examination .

Q. Do you know where he had been that day?

Gray. He had been at work in carrying bricks, or rubbish, or such things .

Q. Do you know he had any accident in falling from a scaffold?

Gray. No; I do not.

James Cockbourne . About seven o'clock, on the 19th of July, I saw a soldier, and another chairman, beating the deceased with a broom-stick, as he was lying on the ground, and pulling, and hawling him along, and tearing all his cloaths off his back. There was a great mob about him but I heard no words.

Cross examination.

Q. What was the first of it you saw?

Cockbourne . The first was Salter beating the deceased on the ground; and another chairman had him fast by the collar; after that I saw Mr. Palmer draging him along.

Mary Crumbel . I sat in my master's tap-room at work, in King-street; I heard a very great noise in the street; I went to the door, and saw a great many people; presently I saw two chairmen draging the deceased along, but I can't swear to the men; I know Palmer and Hines very well; but I did not see them there at the time. When they came near our door, the man that had hold on the deceased's left arm, strip'd the cloaths off his shoulder , and beat him with a broom-stick all over his body; they throw'd him down, and called him a great many shocking names, and stamped upon him with their feet; they first kneel'd on him with their knees, and then stamp'd upon him, and said, murder the Irish dog.

Squire Southern. I was at the Coach-and-horses , King-street, Westminster; I saw John Salter beat the deceased with a broom-stick, or such like weapon; but I did not see him on the ground.

Q. How many blows might you see?

Southern . I can't say how many blows, there might be two or three.

Q. Where did they fall?

Southern . They seem'd to me to fall on his shoulders; they seem'd to lug him along towards the Gatehouse.

Q. Did you see the other two prisoners do any thing ?

Southern. I know nothing of the other two prisoners.

Salter's defence .

In the fore-part of the day the deceased was using one Mark Flood very ill; he was let into the house, in order to be preserved from him; and after that he was let out backwards into a little court. The deceased came and drove himself against the door so violently, that the force drove him backwards. The prisoner was strip'd, running after that man to beat him; and several more of his fellow-workmen were along with him. They raised a great mob; one had a shovel , some one thing, some another; but they could not get at him. Afterwards Mark Flood fetch'd a warrant for the deceased. When he came to serve it in the Buildings, between six and seven o'clock, the deceased went through the Buildings, and into Mr. Gray's house, and from thence to Crane-court, and got a broom-stick, and came back again, and knock'd Mark Flood 's wife down. I was up the street, where he came running; the people call'd, stop thief, murder. I drew out the pole; he struck at me; I defended myself with the pole; I threw the pole down to take hold of him; a gentleman's servant struck up his heels; then the constable came, and told me he had a warrant against him, and ordered me to assist in taking him to the justice's.

Hines's defence .

I know nothing of the matter; I happened to be there, and saw Owen Crane strike the woman, and knock her down; which induc'd me to want him taken before a justice; I thought he had kill'd the woman.

Palmer's defence.

I know nothing at all of the matter . I was drinking tea in my own house; hearing the cry, stop thief, I came to the bottom of the street, and saw one Thomas; I asked him what was the matter? he said he thought the deceased had murder'd a woman. I went then into my own shop, and never touch'd the deceased's garment, or a hair of his head.

Solomon Morgan . I remember the day this unhappy affair happened; the first beginning of it was, a man and a woman were coming down King-street, between three and four o'clock; Owen Crane was at work out in the street; the man happen'd to touch a basket on the deceased's shoulder; the deceased swore at him, and gave him a shove; the other shov'd him; then Crane struck the man; they fell to fighting; the other man had more skill in boxing than Crane had; he gave the deceased a great many blows, and flung him down a very hard fall, near the steps of our door; then he step'd upon the steps, and said he was not for fighting him, by reason there were so many Irishmen belonging to Crane; then I bid him go into such a house, which he did; Crane strip'd, and ran after him, but could not find him; he ran up Parliament-street, and back again; he abused me very much for letting the man through a house; he dress'd himself, and went to work again. After that the other man came to me, and ask'd if we knew the man's name he had been fighting with? saying he had used him very ill. (Crane had struck the man's wife. ) He said he'd go and get a warrant. After that I saw Crane come from opposite the Coach-and-horses, between six and seven o'clock; and whether he struck the man's wife with a broom-stick, or his two hands, I am not certain; but she stoop'd, and the blow came over her neck. Then he went towards Whitehall; I saw the mob bring him back; then he was bloody; he had some blood on his face, below his eye , from fighting the man before. Crane was a very resolute man, and would not come along; so one had hold of one leg, another the other, another an arm, and so they brought him along.

John Sayer . I live with Mr. Aplick, a cabinet-maker, in Parliament-street; about three o'clock in the afternoon that day there was a mob running after a man, some with shovels in their hands; there was the cry, stop thief . The man that had been fighting, being let in at a door, Owen Crane ran against it with his shoulder, with such violence that it knock'd him backwards a great way. Several people came, and ask'd what the man had done; he said he was a thief; then he was ask'd what the man had robb'd him of; he could give no account of what; then the people abused him for saying so of the man; then he was for fighting every-body that ask'd him why he ran about so. There was a woman came after the mob; she mob'd him, and he struck her; after that he went to work; after that the man and woman were inquiring for his name, with intent to get a warrant for him. I went up into Grosvenor-square, and coming down between six and seven, I saw Owen Crane come running with a stick in his hand; he seem'd as if he was getting off; I heard the cry, stop him.

Q. Did any body else run?

Sayer. No; there was nobody running but he; he brush'd by me; but I was loaded, I could not lay hold on him. After that I saw Salter with a chair-pole in his hand. Crane, as he ran, was daring any body to meddle with him, saying, let them come if they dare, flourishing his stick. I saw the deceased, when he was some yards before Salter, stop, and as Salter came up, the deceased made a blow at him with the stick; the mob was gathering.

Q. Did he hit Salter?

Sayer . I believe he did, on the shoulder. The first man that laid hold of the deceased was a gentleman's servant in a frock. Salter drop'd the pole as soon as they were engaged; and the deceased was on the ground before Salter could touch him. I believe the deceased got several blows from the mob; people that I can give no account of.

Q. Did you see the prisoner Salter strike the deceased, till the deceased struck him ?

Sayer . No; I did not. He could not with the pole. I believe the deceased's intention was to have knock'd Salter down, he being the nearest to him, that he might have got off. I saw Mr. Hines there, but did not see him meddle upon any account; only laid hold of one of the deceased's legs once, that he should not escape.

Q. Did you see Mary Davison there ?

Sayer. I was pretty near then, and I did not see her; I believe she was not there then; I was the re all the time, till he was carried to the justice's. The deceased was for pulling and striking every body that laid hold of him; and strugling to get away, it was as much as three or four men could do to hold him.

Edward Eagle . I saw the first beginning of this affair; I was at the constable's house; Mark Flood came in with a warrant, and his wife was with him; they desired the constable to go and take the deceased; the constable took me with them , and charged me to aid and assist. The labourers were very mischievous with their shovels; they had been quarreling all the forenoon; the constable took four of them, and carried them into Mr. Gray's house, at the Coach-and-horses; the deceased came with a broom-stick in his hand, and said, no English booger should take him; he met Flood's wife, and gave her a lick over her arm with the stick; the constable charg'd Salter to aid and assist. As the deceased came running towards Whitehall , hallowing with his stick up, I said to Salter, as you are charg'd to aid and assist, let us stop this man if we can. Salter went to pull his chair-pole out, and in the mean time Crane got beyond him. I said to him, if you run any further I'll cut your legs off. I am a soldier, and had all my acoutrements on; but had nothing in my hand. The deceased made a stop. Salter made a stroke at him, but did not hit him . The deceased turn'd the blow, and struck Salter on the left side of his face, and made his cheek, his mouth, and nose bleed. Salter stagger'd, and drop'd the pole out of his hand. He struck Salter twice, before Salter could get to him. The mob coming up, threw the deceased down. I saw a footman kick his heels up. I never saw Salter strike him once; one hit the deceased, and another hit him, for his ill usage. They carried him before the justice, and he ordered him to the Gatehouse.

Samuel Manton . I am constable, I was apply'd to by Mark Flood , to serve these two warrants (producing them) he bid me take some assistance, or perhaps they would knock my brains out with their shovels and things; the warrants were for persons unknown. He shew'd me four persons, I took them in custody, and took them in at Mr. Gray's. I had not seen the deceased then, presently after they were there, the mob brought the deceased along, then Flood told me, there is your prisoner. I charg'd the prisoner Salter and the last witness to assist me. I was in the house with the other four, and did not see what was done; but supposed the deceased would not be taken . (He produced the broom-stick.)

John Westbrook . The deceased was sent to St. Margaret's workhouse on the twentieth of June, I attended him the time he was there, which was till the twenty-fifth. I examin'd him, and found a bruise on his left hip, another on his breast; he complain'd of great pains, and soreness all over his body; he said he had been beat by a chairman, and others had struck him; he said, he laid his death to the chairman in custody. I blooded him, and saw him once or twice a day; he grew better, and was discharg'd at his own request, I saw him no more. Before he went out, I had given it as my opinion, that he was out of danger. I inquired of the nurse that attended him, she said there had been no blood discharg'd since he came there.

Mr. Thomas Hatch , Mr. Lewis Davis , Mr. William Russel , and Mr. John Barker , surgeons, deposed; they saw the body after dead. That it was in a state of putrefaction, so that it was judg'd not safe to open it; and that they observ'd no external marks, from whence they might form any judgment, what was the cause of his death.

Colonel Pearson, and captain Bell, to which regiment Salter belongs; the first had known him about ten years, the other about six or seven, both gave him the character of a well behaved honest man, and a good soldier .

All three Acquitted .

333. (M.) James Billion was indicted for stealing one silk-purse, value 6 d. and 200 guineas in gold, the goods and money of Stephen Rimbolt , in the dwelling-house of the said Stephen , July 3 . ++

Stephen Rimbolt . I live in Great St. Andrew's-street, Seven-dials , and am a clockmaker , the prisoner was my servant . On the third of July, I went into the parlour, I saw my wife in a hurry, she said I am affrighted, I have lost my money. I said be careful, see whether it is not amongst the cloaths; she looked, and said it is gone, the prisoner at the bar absented himself that day. I was in a prodigious dilemma; I took post-chaise about three in the afternoon, and with a friend, went down for Dover, to see for him. I went post to Gravesend , and found when the boat came in, he was not in it. The next morning I took a post-chaise there, and went down to Dover. When I came to Sitingbourne , I had intelligence of him; and when I came to Dover, I found him on board a vessel bound to France. We took him on shore, and brought him to a publick house, where we pulled the prisoner's boots off, there we found part of the money.

Q. What money did you lose?

Rimbolt . I lost two hundred and twenty guineas, and found upon the prisoner one hundred and eighty guineas or pounds, I know not which, for I was in a great confusion. We brought him back to London, and as he was a young man, I was tender, and would willingly have forgiven him, and let him go; but after that, I was told I must prosecute.

Q. Are you sure it was your money you found upon the prisoner?

Rimbolt. By the particular pieces, I think it must be mine. I advertised two five guinea pieces, a two guinea piece, two quarters of a guinea, and an old Jacobus. I can sware to the purse the money was in, that I found upon the prisoner.

Q. Where was it taken from?

Rimbolt. I imagin'd it to be in the closet, where the money used to be.

Q. Did the prisoner confess any thing?

Rimbolt. I charg'd him with taking the money, and he acknowledg'd it.

Q. Did he acknowledge the money was your property?

Rimbolt . He did, and beg'd I would be favourable to him.

Q. Did you tell him how much money you had lost.

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 10th, Thursday the 11th, Friday the 12th, Saturday the 13th, Monday the 15th, and Tuesday the 16th of SEPTEMBER,

In the Twenty-ninth Year of His MAJESTY's Reign. NUMBER VII. PART II. for the YEAR 1755. Being the Seventh 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.

Rimbolt . I Did, and he said he had not so much; he said he did not know what was become of the twenty guineas; and when he delivered it up, he said there was all he had left, and the other he had laid out, which he would give me an account of in writing. He said he found it on a pair of breeches, by the side of the trunk; we were moving our goods to another house over the way , when we missed the money; it was lost from out of a trunk.

Q. Did the trunk appear to have been opened by violence?

Rimbolt. I cannot say it did; when we were coming with him to London, he came out of the chaise, and rode on horseback to St. George's-fields , there I let him go away; but when I came home, there were a number of people said, if I did not prosecute him, I was liable to be prosecuted, then I went and found him.

Q. Where did you find him?

Rimbolt. I found him in White-chapel, he told me he should be there.

Q. Did you ever hear of the other forty guineas ?

Rimbolt. No; I never did.

Cross examination.

Q. How long has the lad lived with you?

Rimbolt . He has lived with me six years next October.

Q. How has he behaved in the time he was with you?

Rimbolt. I cannot say he has behav'd so well as I could wish, but he never wrong'd me before .

Q. How long had this money been in that trunk?

Rimbolt. It had been there a great many months.

Q. Did you put it there?

Rimbolt. No, I did not; I have seen my wife put it in, and take it out several times, she had the care of it; she went to it in my presence , and out of my presence.

Q. Can you say how much money there was of your own knowledge?

Rimbolt. I cannot say how much there was.

Q. Was the prisoner by, when you missed it?

Rimbolt. He was in the house just before my wife discovered to me it was lost; he had been employ'd to move some of the things, my wife bid him take my cloaths, and carry them over to the other house that morning.

Q. What did you say to him, to induce him to say that was your money?

Rimbolt . He soon own'd it.

Q. Did you tell him, if he would confess, no harm should come to him?

Rimbolt . I did tell him, that if he would make a genuine confession, I would forgive him; but when I came to town, I had reason to be more angry with him.

Q. Can you sware that money you had from him, is your property?

Rimbolt . I could know it by a particular guinea, (be produced it ) I think I have seen this guinea a thousand times.

Q. Why did you let him go?

Rimbolt. Really , when I saw him on shipboard, I was affected at the sight of him. I was more griev'd perhaps than he was. I did say, I will do you no harm, he desir'd he might not be blown about the town as a common thief. Then he wanted to have his boots pull'd off and we found the money in them.

Q Have not you said since, you did not believe he intended to steal it, and that you would assist him in giving him a character in Holland?

Rimbolt . I never did tell him, I did not believe he stole it. I told him, if it was possible, I would send him over-sea, and would not prosecute him, without running the hazard of my life; and if he would let me have the other money, I would get him abroad if I could .

Q. Did you never say to any body else, you did not believe he had rob'd you?

Rimbolt . No; I never did.

Frances Rimbolt . I am wife to the prosecutor; there were two hundred and twenty guineas in the trunk with the Jacobus.

C. Look at this crack'd guinea. (She looks at it.)

Fr. Rimbolt. I can swear this very guinea was amongst the rest , I have had it thirteen years in the purse, it was amongst the money I lost. We were going out of that house, to a house over the way; he brought a bundle over the way, and ask'd where he must put it; I shew'd him; he put it down, and went back again; and as I was coming over the way, I met him coming again with a bundle of cloaths. I went directly to move my trunk, which was almost the last thing I had to move in the house. To the best of my knowledge I found it lock'd, it open'd as usual; I took out a little trunk, and look'd for my purse to put into it. I missed my purse and my money, the trunk had never been moved this twelve years. I opened all my cloaths, and shook them, but could not find my purse, my husband said, O Lord I am ruin'd.

Q. Whether this boy ever saw you put money in it?

Fr. Rimbolt . Yes; he did once. I have a value for his mother, I have lent her now and then a guinea , he had seen me go to the purse, and take out a guinea, two several times, to send by him to his mother.

Q. What money was in the purse?

Fr. Rimbolt. I cannot tell, but I know there was above a hundred pound; I call'd my other servant , and ask'd him if he had taken my purse ; he said he had not; then I said, where is the other? ( meaning the prisoner.) I found he was gone , we sent to his mother, she came and said, she knew nothing of him, and hearing him often say he would go to France, my husband went after him, and brought him home .

Cross examination.

Q. Do you know one Samuel Foster ?

Fr. Rimbolt. Yes; I do.

Q. Do you remember you said to him, very likely you had taken it out and dropt it?

Fr. Rimbolt. Likely I might.

Q. Has he had opportunity since the time he saw your money, to go and open the trunk your money was in?

Fr. Rimbolt. He has.

Peter Toboyce . I live not a great way from the prosecutor ; when he was rob'd , he came to my house, and told me of it, and desired my assistance. He drew up an advertisement, and left it with some friend to be put into the paper. We took coach, and went to the Borough, there took a post-chaise, and went directly to Gravesend. We staid there, thinking he would come down in the Gravesend-boat, but he did not. We took a post-chaise , and went directly for Dover. At Rochester we described the prisoner , but could not hear of him. When we came to Dover, we found him on board a ship; we took and brought him on shore into a publick house, there I tax'd him about the money; he seemed to deny it at first; after that. I told him his master would not hurt him, in case he would give him the money he had taken away, and his master told him to the same purport. Then the prisoner began to unstrap his boots, and said, he would deliver the money to his master within a trifle, that is ten or twelve pound, I cannot say which; he went to pull his boots off, but could not; then I said I will help you, accordingly I did; when they were off, the money was taken out and deliver'd into his master's possession.

Q. How much was there of it?

Toboyce . There were a hundred and fourscore guineas . We went into another room, and took a piece of paper, and I noted it down, and Mr. Rimbolt counted it . I think the prisoner made a little bill of what he had spent coming down to Dover. We brought him to Canterbury : he said I wish you would search me for my master's satisfaction; for there was twenty guineas missing besides what he had spent. I search'd him, but could find no more.

Q. Did you see the whole of the money found upon him?

Toboyce . I did, there was 180 guineas.

Q. Did you observe a crooked guinea?

Toboyce . I cannot say I observed that. We came towards London, and I left them on Black-health . Being on horseback , I came faster than they could in the chaise. The prisoner had got on horseback at Canterbury, and rode from there to a house about six miles on this side Sitting-bourne . It was in the dead of the night, and he might have made his escape if he would.

Cross examination .

Q. Did the prisoner acknowledge he had the money at first seeing you?

Toboyce. At first he seem'd to be surprised, and when we asked him about the money , he said what money?

Q. Did any body tell him he should not be prosecuted if he would discover where the money was?

Toboyce . I said he should not be hurt.

Q. Did his master say the same?

Toboyce . He did, and the prisoner said upon that consideration he would deliver it up.

Q. Who counted the money?

Toboyce . Mr. Rimbolt counted it in his hat by single guineas, and when he came to 20, I noted 20 down, and there was a five guinea piece, and a two guinea piece, two quarters of guineas, and a Jacobus, besides the 180 guineas.

Q. to prosecutor . In what capacity was the prisoner with you ?

Rimbolt. He was my apprentice.

Q. What money had you with him?

Rimbolt. I had no money with him; his friends were not able to give any. His mother is a poor woman, if she wanted a guinea or two, my wife has lent it her.

Prisoner's defence.

When I had been into the closet, and was carrying these things cross the way, I suppose the purse was amongst the things, and dropt in the street , and at my returning back, I found the purse in the street, and put it in my pocket.

For the prisoner.

Samuel Foster . I have known the prisoner 15 or 10 years.

Q. How old is he?

Foster. I believe him to be near 20 years of age ; I have known his master and mistress a good many years; the prisoner's character was always reckoned to be very good. I keep a sale shop the corner of Monmouth-street: I have a great many hundred pounds worth of goods in my shop, and the prisoner had egress and regress there. I had some conversation with his mistress the day after the fact was committed. She was at breakfast in her own house. I and another gentleman desired to know how the affair was? I asked her if the chest was broke open? She said no, it was not. She said she well recollected then that she had had a gentleman dined with her a day or two before that time , and that she had put her plate, spoons, and money all in one box in the chest. She went to fetch a silver spoon to use with soup at dinner, and in taking it out she heard the purse fall on the floor; and she went down and left it. So I said to her it was a very weak thing of you not to pick it up then. She said she had locked the closet door, and thought it safe, and a day or two after she gave him the key of the closet door, and sent him to remove the goods there, and to take the cloaths out of the closet.

Q. How can you account for the prisoner's having 180 guineas about him?

Foster. I cannot take upon me to say how he came by them.

Q. to prosecutor. Did you find the purse in his boots?

Rimbolt. No, it was in his pocket.

Knellam Dawson. I know the prisoner very well. I am a salesman in Monmouth-street.

Q. What is his general character?

Dawson. It has been that of a sober, sedate, good boy always; I looked upon him to be a good servant to his master. I was with Mr. Foster at his mistress's. Mr. Foster said, for God's sake in what manner was this money taken away? She said, I do not know how it was taken away, but I believe I dropt the purse, but where I cannot tell.

There appeared 12 other witnesses, who spoke well of his character before this affair.

Guilty , Death .

334. (L.) Isabella Cook , spinster , was indicted for stealing twelve halfpence , the money of Phineas Patershall , August 21 *.

Phineas Patershall. The prisoner lived servant with me three weeks; we having missed halfpence several times out of the till, I marked three shillings and three halfpence, in halfpence, and went into the country. I returned in the morning, and looked at the lock of the till; I told the halfpence, and missed nine-pence. I suspected our other people, I searched them , and found none upon them. I asked the prisoner what she had in her pocket; she produced her money, and I found amongst it five halfpence marked. She said she knew nothing of it; but when we came before the justice, at Guildhall, she told me if I would forgive her, she would go and live with me for nothing as long as I liv'd.

Q. Did she confess she had taken the money?

Patershall. She did not directly confess; I had a very good character with her; but when I came to inquire for the people, I found she had never liv'd there at all.

Elisabeth Patershall . I am wife to the prosecutor; five halfpence marked were found upon the prisoner, and two in her box afterwards; and I had left her a shilling, when I went out, to lay out for me, instead of which she had laid out half-pence ; and upon inquiry, we found there were nine marked amongst that shilling's worth.

Q. Did you hear her confess any thing?

E. Patershall . No; I did not .

The prisoner had nothing to say in her defence.

To her character.

Mary Melvil . I have known the prisoner two years.

Q. What is her general character?

M. Melvil . She has a very honest character, so far as I know.

Guilty .

[Whipping. See summary.]

335. (L.) Elisabeth Walker , spinster , was indicted for stealing nine yards of silk ribband, value 3 s. 6 d. the property of William Flint .*

William Flint . I live on London-bridge, and am a haberdasher of small-ware . My young man, named Isaac Price , came and told me he was serving a customer in the shop, and a woman had taken a piece of ribband, for he had missed it .

Q. When was this ?

Flint. It is about a month ago.

Q. What was the value of it?

Flint. It might be worth about three shillings, she was taken and brought back (it was the prisoner) he took a piece of ribband from her, but I could not sware to the identity of the ribband; he can give a better account of the matter .

Isaac Peirce . I live with Mr. Flint; as I was serving the prisoner, she was fond of taking the ribbands to the door to look at them. I had a suspicion she had taken a piece of ribband; I missed a piece, and told my master I was positive she had taken one; I followed her, and took her, bringing her back, she put her hand in her pocket, and went to slip something into her bosom. I took hold of it, and it was a piece of ribband.

Q. Are you sure that was your master's ribband?

Peirce. I am not.

Q. How did she say she came by it?

Peirce . She confessed to me, she took it out of our shop.

Q. to prosecutor. Did you hear her confess it?

Prosecutor. I think she did not deny it; but I was not particular in asking her, I left her to the other evidence.

The prisoner said nothing in her defence.

To her character.

Anne Osbaldistance . The prisoner has liv'd with me four years last Easter.

Q. What are you?

Osbaldistance . I am a fish-woman at Billingsgate .

Q. What is the prisoner's general character?

Osbaldistance . She is a very honest sober girl, as ever came into a house; she has taken scores of pounds for me, and never wrong'd me.

Thomas Gregory . I have known her this fifteen or sixteen years , I never heard any thing bad of her in my life before this.

Thomas Wilbraham . I have known her upwards of four years, I never heard any thing to blemish her character before this.

Mary Wild . I have known her four years , I never heard but that she was a very honest sober just person .

Jos. Rawlinson. I have known her sixteen years.

Q. How old is she?

Rawlinson . I believe she is about twenty years of age; she always bore a very honest character.

Rachael Ward . I have known her between four and five years; I have trusted her with many pounds to carry to her mistress, and from her mistress to me; she has a very good character.

Samuel Halesworth . I have known her ever since she was twelve months old; she always was a very honest sober girl, as far as ever I heard.

Prosecutrix. I made it my business to inquire into her character , and found people gave her an exceeding good one.

Acquitted .

336. (M.) Nathaniel Webber , otherwise Forby , was indicted for stealing three yards of silk, value 15 s, three yards of sattin, value 20 s. one yard of linen cloth, value 6 d. two yards of stuff, value 12 d. the goods of James Spilsbury , July 17 . +

James Spilsbury . I live in Tavistock-street, Covent-garden . I keep a mercer's warehouse there. About the latter end of June the prisoner applied to me for a service: I wanted a man at that time. I took him, and he was my servant about a month; during which time I was in the country about business; the day I returned he had been sent out on business, and did not return that night. he had till that time been very punctual in every thing in all appearance he had undertaken for me. The next morning I received a letter from him. The contents were, that he was in trouble in New-prison, and begged I would come and speak to him. I did not go then, but on the 2d or 3d day I did. He told me he was taken up by a warrant for having carried away some books of a man that he had lived with before, and desired I would apply to the person that was to prosecute him. Then I was alarmed, and suspected him . My wife when I came home told me, there was a yard of long lawn missing. I went to the prison and asked him about it. He acknowledged he had taken it. I lost silks and sattins of divers sorts , the quantity impossible to be ascertained by me.

Mr. Lynn . I am a pawnbroker ; I live at Hyde-park-corner. (He produced some pieces of remnant of silks and stuff. ) These things the prisoner pawned with me on the 3d of July last, for 16 s. I inquired where he lived; he said at Knightsbridge , that his sister was dead and they were left to him.

Prosecutor. These are my property.

Q. When were they in your shop ?

Prosecutor. They were in my shop since the prisoner was my servant.

Prisoner's defence .

I intended when I could to get these things again.

To his character.

William Tompson . I have known the prisoner some years, I never knew any thing amiss of him in my life.

Guilty .

[Branding. See summary.]

337. (M.) Samuel Dipple , otherwise Dibble , was indicted , for that he on the 24th of July , about the hour of two o'clock in the morning, on the same day, the dwelling house of Robert Willes did break and enter, and for stealing out thence one silver half pint mug, value 40 s. one silver waiter, value 50 s. one pair of silver salts, five silver table-spoons, two silver tea-spoons, one silver marrow-spoon, two silver pepper-boxes , one silver saucepan, one gold-headed cane, two copper tea-kettles, three copper saucepans, one cloth coat, one cloth waistcoat, one silk waistcoat, one perriwig, and two hats, the goods of the said Robert; and one cloth coat, value 10 s. the property of Henry Whitehead , in the dwelling house of the said Robert. ++

Robert Willes . I am an apothecary in Brook-street, Holborn : on the 24th of July, I came home and went to bed, but a little after twelve o'clock, at night, my door in the area, directly under my shop door, was found broke open, at seven o'clock in the morning; there were two holes bored under two bolts to two doors, by which means the person got in, and the doors appeared to be forced open. I lost the plate mentioned in the indictment (mentioning the particulars, all or most marked with a lion, his crest;) a coat, two waistcoats, a perriwig, and two hats. The plate was taken from out of a parlour behind my shop, the coat and waistcoat I had pulled off when I went to bed, which I had wore the day before. My apprentice and another lad lay below in the shop. In my waistcoat pocket that I wore under my night-gown were some letters I had received directed to me at my house. The prisoner being taken that morning with all the things on him, and carried to Guildhall, the gentlemen , on examining the pockets, found the letters, by which means they found where to send for me. A messenger came, and I went to Guildhall, there was the prisoner and the goods mentioned, and a tap-borer, a file, and a dark lanthorn; but part of his examination was taken before I came there; he had a mind to regale himself at my expence, and had taken a ham, my property (produced in court.) I did not think it needful to put this in the indictment. (The goods mentioned in the indictment produced in court and deposed to.) They have been in the care of the constable ever since.

Q. Have you ever seen the prisoner before?

Willes . I have; lurking about the streets. He formerly kept a shop in Gray's-inn-lane; he was bred an apothecary; I don't know but I have seen him with my servant , who, very likely, is as deep in it as he.

Henry Whitehead . I am apprentice to Mr. Willes. On the 25th of July, Anne Segwick , our maid, awaked me about seven in the morning; the house was broke open; I got up, and went down stairs, and saw the door in the area open, and a large stool, which they made use of in the kitchen, was in the middle of the area; there were two doors open; the area door, and another which comes out of the kitchen into the passage that leads to the shop; and a hole under a bolt, on each door, seemed to be bored with an auger. Upon looking about I miss'd a blew surtout coat of my own; after that a messenger was sent to our house , from Guildhall, to know if we had lost any goods ; I went there along with the messenger; there I saw my coat, and the other things mentioned in the indictment.

Q. Did you hear the prisoner examined ?

Whitehead. No; I did not. I saw him there; I looked the plate over, and am sure they are my master's property.

Q. How do you think the doors were opened?

Whitehead . The bolts were forced back by the means of the holes that were bored.

Margaret Pagan . I saw the area door made fast over night.

Q. How was it fastened?

Pagan. It was bolted . The inward door also was bolted as fast as that. I was not the first up in the morning. I saw the holds in the doors , and the doors open. They appear'd to me to be both forc'd open.

Anne Segwick . I am servant to Mr. Willes; I got up about half an hour after seven, on the 25th of July, being the first person up in the house; I found the door that went into the shop, with a great staff put against it, to keep it shut .

Prosecutor. That is never fastened.

Anne Segwick . I found the other two doors opened; I fasten'd them myself over night.

Q. Do you know where the plate was over night?

Segwick . It was all in the parlour.

Matthew How . I am constable of the night; the prisoner was brought to me about three in the morning, on the 25th of July, with his face all black'd over, by two watchmen and a porter that plies in the Fleet-market. We search'd him; all those goods were found upon him, and these instruments (produced in court) a tap-borer, a file, a dark-lanthorn, and a pair of nail-nippers. I ask'd the prisoner how he came by the things? he told me he went to make water at the corner of Fox-court, Gray's-inn-lane, and there trod upon them. He had a great ham, and a currant tart; I took an inventory of them . and sent him to the Compter . We found in a waistcoat-pocket a letter directed to Mr. Willes , and I carried it to him.

Daniel Treadwell . I am a watchman in Bear-alley near Fleet-market; betwixt three and four o'clock in the morning, on the 25th of July I was about the middle of the alley; the prisoner was coming down; when he came over against me he stop'd to make water.

Q. How far is Bear-alley from the prosecutor's house in Brook-street?

Treadwell. It is about a mile from it. Then Charles Legraft came to me, and said he had a suspicion that man had something about him that was not his own, and it seem'd to be very heavy; he turn'd down an alley called Black-bear-alley; I knew it was no thorough-fare; we follow'd him; he was standing leaning against a post , with the things on his arm; I said, my friend what do you do here? he said, I am a man under misfortunes , and am moving my goods. I said, it is possible it may be so; but you must go before the constable; he said, with all my heart; so I took hold of his collar, and we went on; going up Break-neck-stairs, he let the bundle of cloaths and the tea-kettle fall, and desired one of us would carry them for him. When we got into the Little-old-bailey , he said, you need not hold me by my collar, I'll go with you . We let go his collar , and he ran from me; but was retaken . I was present before the alderman when he was examined; there he said he found these things at Fox-court , Gray's-inn-lane; there I saw the tap-borer , the file, the dark-lanthorn, and nail-nippers, taken out of his pocket.

Miles Beck . On the 25th of July, at a quarter after three o'clock, I was walking with my staff in my hand, I heard the cry, stop thief. I look'd up the Little-old-bailey, and saw the prisoner come running; I said, honest heart, stop ; he made a full blow at me with a cane ; I put my staff out , and he fell over it, and I fell with him; and my brother watchman came to my assistance, and we secur'd him; the porter, he staid by the things; we took the prisoner to the watch-house; he had got a great-coat on, and his face black'd all over; he wash'd his face, and delivered a tea-kettle, out of his pocket. I search'd him, and found four large spoons, a marrow-spoon and two large teaspoons in his pocket, and the tap-borer, file, nail-nipper and dark-lanthorn, he had some of the things fix'd in the back part of his breeches which he deliver'd to us.

Charles Legraft . I was the first person that saw the pr isoner, I was at work in the New-Market, being a ticket-porter; I had followed the prisoner a good while before I let Treadwell know of him, he had been up one alley and down another , and seem'd to be heavy loaded, and as he went along I heard something rattle; seeing him, he made a stop in Bear-alley, as if he was making water. I passed him, and look'd at him, and went on to Treadwell, and said, there is a man that looks very suspicious to me to be a thief; he is very hard loaded. While I was talking to him the prisoner moved into another place; we went and took him, and I assisted in bringing him to the watch-house.

Prisoner's defence.

On the 25th of July in the morning , I was going down Gray's-inn-lane, being out late with a friend that was going to sea; I turn'd into Fox-court to make water, and saw two men standing there; they saw me, and went away; then I saw a large bundle lying behind a pawnbroker's door; I kick'd it, and call'd out to those men, and said they had left something behind them; but I saw them no more; then I took the bundle up, and carried it into Holborn, and carried it down there by several watchmen. I search'd it first, and found these things in the pockets of these coats; it is impossible for one man to take all these things out of a house; I found the file, auger, and dark-lanthorn in one pocket, and the spoons all separate in another. There was one bundle tied up in another, with a cord. I did not think proper to leave the things where I found them. I was going to carry them to Bear-alley, to the house of one Evans.

For the prisoner.

Thomas Smith . I have known the prisoner many years; he was recommended to our house by an apothecary from Ludlow. I have continued my acquaintance with him ever since he came to town; he was brought up an apothecary. I knew him when he lived with several of the business; he bore an extraordinary good character at each place.

Q. What are you?

Smith. I was brought up a druggist . I now am a merchant. At this time I owe him money for attending my family.

Q. What may you owe him?

Smith. I don't know his bill; it may be 20 or 30 shillings; so I think he could not do it for want of money.

Guilty , Death .

338. (L.) Richard Vernam was indicted for stealing one linen handkerchief, value 2 d. the property of John Hodson , Sept. 11 . ++

John Hodson . Last Thursday night, betwixt seven and eight o'clock, I was coming down Holborn; between St. Andrew's church and the Fleet-market , I had my handkerchief in my hand, I put it in my pocket, and in about two minutes I felt a hand at my pocket, I put my hand down and took hold of the prisoner's hand, with my handkerchief in it. Then came up two men, one gave me a shove, and the prisoner got away; he was pursued and taken; he said he had not the handkerchief, one of the two men had it. I took him before the sitting alderman, and he was committed. I never saw my handkerchief after I saw it in his hand.

Guilty .

[Transportation. See summary.]

339. (M.) Jane Wood , spinster , was indicted for stealing one silver watch, value 3 l. one pair of silver shoe-buckles, value 16 s. the goods of Henry Chappel , July 21 . ++

Henry Chappel . I am a journeyman apothecary .

Q. Where?

Chappel. My master is Mr. Foot in Hatton-garden. On the 21st of July I was in Drury-lane , at a house opposite the play-house, in a court.

Q. A private or public house?

Chappel. A private house.

Q. Was you drunk or sober?

Chappel. I was neither drunk nor sober; I was a little in liquor; not much.

Q. How came you to be at that house?

Chappel. I was in company with some friends at another house; and when I came out this good woman at the bar pick'd me up, and carried me to that house. The good woman asked me what I would give her? I told her I was lock'd out of my lodgings, and would be glad to lie there all night. I did not care where I lay, so that I did not lie in the streets. The prisoner said, I should be very welcome to lie in her bed, saying she had a lodging of her own; so I accepted it. I had my watch in my pocket at that time, and I cut a hole in my breeches to put the string through , fearing my pocket should be pick'd for I was afraid it was a bad sort of a house, because I saw there was no furniture in it; and she made so bad an appearance; and there was no candle; we were in the dark.

Q. How could you see her appearance then?

Chappel. I had seen her in the street, but could discern but little of her.

Q. Where were your buckles?

Chappel. I had them in my shoes; I went to bed there.

Q. Did you lie alone?

Chappel . No; that good woman at the bar was my bedfellow.

Q. Was there any body in that room but her and you?

Chappel. No; there was not; nor no body else in the house. The woman of the house kept a green-stall (as I was informed afterwards), and was gone out to buy greens, and she left the key in the door, and I step'd out of bed and lock'd it, and put the key in my pocket. The good woman at the bar bid me be careful of my watch, and put it under my pillow; and said also, you have a very handsome pair of shoe-buckles, put them under the bed; and so I did, and put my breeches under the pillow, with my watch in them . I don't think she could see my shoe-buckles; but she said this to know whether I had such or not . I lay there all night, and awaked, as nigh as I can guess, at about five. Then the good woman was gone, I turned on the other side, and found no body with me. I can't tell when she left me. Then I went to put my cloaths on, and instead of finding my breeches and watch, I only found my breeches, and the other cloaths, as I left them .

Q. Had you any money in your pocket?

Chappel . I had a few halfpence, and I think a six-pence; all that was gone, only a brass weight, that was remaining in my pocket. I described the woman as well as I could at justice Fielding's. She went by the name of Bucksom Jenney; and she was taken, and carried before justice Fielding, and I was sent for there. She said there she had my slieve-buttons. I had given her my slieve-buttons, and what little money I had, to lie with her. She own'd she lay with me, and got up in the morning before me. She had pawn'd the buttons for 1 s. 6 d. which I had again. She said the watch and buckles were divided among some soldiers, and made away with, and that she received but little part of the gain.

Q. Did you ever find the watch or buckles?

Chappel . No; I never did: I heard where the buckles were; but I never went after them, fearing my master should have a suspicion of something of this kind .

Prisoner's defence.

He said he would not appear against me, and that he would have the bill made ignoramus .

Guilty .

[Transportation. See summary.]

340. (L.) Thomas Welling was indicted for stealing one Hempen sack , value 2 s. and four bushels of oats , value 6 s . the goods of Robert Harris and Thomas Harris ; four bushels of wheat, and one hempen sack , the goods of persons unknown, Feb. 27 . ++

Samuel Hicks. Thomas Welling and I went to Mr. Harris's Lighter, as it lay aground , near Paul's Wharf ; we took out a sack of oats, and put it into a skiff, and came down to Queenhithe: there we took in a sack of wheat out of a barge that lay there, on the upper side of the wharf. I don't know whose barge it was; we brought them down near to Mr. alderman Calvert's brewhouse, and sold them to a Ware bargeman, named George March , for seven shillings; that was four for the wheat, and three for the oats.

Q. Did you tell March how you came by it ?

Hicks. He knew how we came by it.

John Jacobs . The first night the prisoner was taken up, he own'd to me he had robb'd several people; but he did not mention this in particular. The evidence, Hicks, told me about stealing those oats out of Mr. Harris's lighter.

Daniel Nedriff . I heard the prisoner confess he stole those oats out of Mr. Harris's lighter.

Q. Has Mr. Harris any partner?

Nedriff. There are two brothers partners, Robert and Thomas.

Guilty .

He was a second time indicated for stealing 12 hempen sacks, value 12 s. and six quarters of oats , value 3 l. the property of John Ratcliff and Edward Topham ; the same being in a certain lighter lying on the river Thames , Jan. 26 . ++

John Jacobs . I heard the prisoner confess , he and Samuel Hicks took a lighter from Trig-stairs , at the wharf, and all the lading in her; they brought her up to a lighter-road at Black-friars; she was loaded with oats, but he could not tell what quantity there was in her; and that they took six quarters of oats out of her in sacks.

Q. When did he confess this?

Jacobs . That was in March last.

Q. What were oats worth at that time?

Jacobs. At that time the worth oats were worth nine, and the best fourteen shillings per quarter.

Samuel Hicks . About the latter end of January last, the prisoner and I took six quarters of oats in sacks, (the names Ratcliff and Topham were upon the sacks) out of a lighter at Trig-stairs, and we sold the oats to a Ware barge-man, named Edward Lambeth ; he paid the prisoner 30 s . for them, that is 5 s. a quarter; he told me he had bargain'd with Lambeth for 6 s per quarter in the day, but he would give him but five.

Q. What were they worth per quarter?

Hicks. They were worth 13 or 14 s per quarter. Edward Lambeth put his barge along-side the lighter, and the oats were toss'd out the lighter into his barge; and there were two or three of Lambeth's men in his barge at the time.

Q. Who did the lighter that the oats were in belong to?

Hicks. It belonged to John Davis , and he worked the lighter for Messrs. Ratcliff and Topham. I received 11 s. out of the 30.

Q. Did you see Lambeth pay the prisoner all the money?

Hicks. I saw him pay him some money, but I don't know how much; he told me he received 30 s.

Mr. Andrews. I am clerk to William Clark , Esq; one of his majestly's justices of the peace for the county of Surry (he produced the voluntary confession of Thomas Welling ). I saw the prisoner and Mr. Clark both sign it. Part of it is read in court, to this purport:

' The voluntary confession of Thomas Welling , ' taken upon oath before me, &c. March 6, 1755. ' That the said Samuel Hicks and I, about six ' weeks ago, did steal six quarters of oats out of ' a lighter belonging to John Davis , lying off ' Trig-stairs, and sold them to Edward Lambeth , ' a barge-master, for 30 s.

Prisoner. Call John Davis .

John Davis . I did hear that Samuel Hicks had taken oats out of my lighter.

Q. Did you ever hear him confess it?

Davis. He did to me.

Q. How much did he confess he had taken?

Davis . Six quarters belonging to John Ratcliff and company; but at the time that this man said he had six quarters of oats out of my lighter, and that my lighter was taken, and carried up to Black-friars, it was not so; it is intirely false; I never miss'd my oats; neither was I ever charged with bringing oats short to the wharf ; neither do I know that my lighter was ever taken away.

Q. Do you remember how many oats you had in your lighter, at the time he mentions?

Davis . I had about fourscore quarters, or thereabouts.

Q. Who did it belong to?

Davis . To Messrs. Ratcliff and Topham.

Q. Was none of that missing?

Davis. There were none miss'd, neither was I charged with any. When we take corn in we have a meeter's bill, and I always deliver that bill up at the compting-house, when my craft is empty; and if there had been any lost, when I deliver'd up that bill, I should have heard it; but I never did, till I heard Hicks and the prisoner confess it; but I never miss'd any.

Q. Did you never hear any complaint of bringing short measure?

Davis. I never heard any complaint; but that my bill and my leading agreed.

Q. Where did you land that fourscore quarters?

Davis. At Trig-stairs.

Q. Was it loose in the lighter, or in sacks?

Davis. There was some loose, and some in sacks.

Q. Was there quite fourscore quarters?

Davis. I have accounted with my principals for fourscore quarters.

Q. What are you?

Davis. I am a corn lighterman, and do that business for Messrs. Ratcliff and Topham.

Q. Are not you the person that took up the prisoner at the bar?

Davis. I am.

Q. On what account did you take him up?

Davis. I sent the prisoner to watch my lighter; and on a Saturday-evening I desired him to make haste home in the morning; and I was uneasy he did not come till eleven. I sent my other apprentice to see if my craft was safe; and he returned, and said there were five sacks of malt put into her. I said, that is something strange. I said to the prisoner, do you go, and take care of the goods; but he neglected, and did not go up; but my other servant went again, and returned, and told me, he had convoy'd the craft, and put them five sacks into the barge's cabin. After that I heard there were three quarters of malt lost, from Daniel Nedriff . I told Nedriff he must take the prisoner up and bring him to justice, and if he would not, I would never deliver him up his goods. I took the prisoner before a constable; then he told me, he had robb'd my lighter of six quarters of oats. I told him then, I did not know that I had lost any, nor do I know it this hour.

Q. Whether in the month of January, there was any oats consign'd to you from the country or not?

Davis. To be sure there was a great deal of corn in my craft, in the month of January.

Q. Can you name a particular time in the month?

Davis. I cannot say what time.

Q. Cannot you tell by your books?

Davis. I have not got my books about me.

Q. Cannot you tell what quantity was brought by your lighter, about the 26th of January last?

Davis. I believe there might be about ninety quarters.

Q. Did you never miss any oats at that time?

Davis. No; I never did. I have been paid for the lighteridge of all that corn, I never was bated or tax'd a farthing about it.

Q. Did you never hear any complaint; did they never say, Mr. Davis, my corn does not make out according to the bill?

Davis. No; never.

Q. Do you measure the corn?

Davis. No; it is measured to me, and I bring it up, and deliver it with the meeter's bill, to the compting-house. Then he is to take care, and see whether there is so much as the bill mentions.

Q. How much of it might be in sacks, about the twenty-sixth of January?

Davis. I believe there might be forty-five quarters in sacks.

Q. Is it not possible for your servants to take some out of one sack, and some out of another, and make up the quantity of six quarters, and yet deliver in the same number of sacks?

Davis. I do not know whether it is possible to be done or not; and I know the trade very well.

Q. Will you take upon you, upon your oath to say, it is impossible to lose six quarters, and your gentlemen know nothing of the matter?

Davis. I believe it impossible out of so small a quantity, but it must be missed.

Q. Are you charg'd with the sacks being missing?

Davis. No; I am not. But if the right number of sacks had not been delivered, I must have had a complaint about them.

Q. How long has the prisoner to serve of his apprenticeship?

Davis. He has no longer to serve than February next.

Q. Could you lose twelve sacks, and yet not miss them?

Davis. That is not in my province, that belongs the grainery-keeper.

Q. Do the grainery-keepers measure the oats when they receive them of you?

Davis. That, that is in sacks, they never measure, that, that is loose, they measure.

Q. Was the loose corn delivered into the grainery?

Davis. That I cannot say; sometimes they let it lie in the lighter, and load it away in carts, without putting it in the grainery.

Q. to Hicks. What time in January did you and the prisoner take these oats out of Davis's lighter?

Hicks. It was the latter end of January; I cannot say the day of the month, but I am sure, it was in January; it was the first day that the press broke out in the night, for the prisoner was pressed out of a boat, after we had done the fact.

Q. Was this six quarters you mention, all done up in sacks?

Hicks. They were; and there were a great deal of loose oats in the lighter, and these sacks were put so as to keep the loose oats from falling over-board.

Q. What time of the day, did you sell Lambeth the oats?

Hicks. I believe it was about nine or ten in the evening.

Q. What did he do with it?

Hicks. His servants shot the corn into his own sacks, and the sacks when emptied, were delivered to the prisoner again; and we flung them over-board, at the Old-barge-house.

Q. How much might there be in Davis's lighter, all in sacks?

Hicks. I believe there might be a matter of twenty quarters, all in ack.

Richard Peather . I am grainery-keeper to Messrs. Ratcliff and Topham.

Q. Do you remember any corn belonging to Davis's lighter consigned to them?

Peather. At the time this corn was stole, I was ill; there were thirteen quarters missing.

Q. What time was it missing ?

Peather. I believe it was the latter end of January last, or the beginning of February; but I cannot be punctual of my own knowledge as to the time being ill.

Q. Does Davis work all your corn?

Peather . He does; and according to the meeter's bill that comes up every time, and our book of delivery out again; we found we had so much short of what we should have had.

Q. Did you ever know what became of that thirteen quarters?

Peather . No; we never did. When the prisoner was taken up, we heard he had made a confession; that he had taken the craft up to Black-friars-road, with all the corn in her, which might be about eighty or ninety quarters, and that he and the evidence, took six quarters out, which was in sacks. The prisoner confessed to me in Bridewell, Surry . that he took six quarters of oats out of our lighter.

Q. Upon your missing the oats, did you ever acquaint Davis with it?

Peather . Yes; he knows we lost the corn.

Q. How could he know that?

Peather . Because I saw both my master in the compting-house, examining him about it; telling him, there were thirteen quarters short.

Q. What said Davis to that?

Peather . He said he could not tell any thing abo ut it.

Q. to Davis . When they told you there were thirteen quarters short, what did you say to that?

Davis. Do you think in my bringing ten thousand quarters in a year, there cannot be thirteen quarters short ? I do not know he ever told me there were thirteen quarters missing, till about three months ago. Then he said our master says, there are thirteen quarters of corn missing in the grainery.

Q. Whether he did not in a reasonable time after the corn was measured, inform you there were thirteen quarters missing?

Davis . What may you call a reasonable time?

Q. At what time did this grainery-keeper inform you, this thirteen quarters were missing?

Davis. Is that what you ask me?

Court. It is.

Davis. He informed me, there is thirteen quarters of corn short.

Q. When did he tell you that?

Davis. Never till such time the prisoner was taken up.

Court. Tell the court what time he told you.

Davis. I cannot say what month, neither will I say it.

Q. to Peather. When did your masters inform Davis, of what was missing?

Peather. It was in the month of February.

Q. Might these thirteen quarters be lost out of the grainery?

Peather. I am sure there could not be any lost out of the grainery.

Guilty 39 s.

He was a third time indicted for stealing six hempen sacks, value 6 s. and three quarters of malt, value 48 s. The goods of John Segwick , and George Field , out of a lighter lying on the river Thames . ++

His confession was again produced, and part of it read. Wherein he confesses; that he, and Samuel Hicks , took out of a large barge, lying at the Three-cranes, three quarters of malt, and sold the same to John Hatt ; then it was proved, that the malt in that barge was the property of John Segwick and George Field .

Guilty 39 s.

[Transportation. See summary.]

341, 342. (L.) Jos Stanley , and William Groom , were indicted, for that they, on the third of July , about the hour of twelve in the night, on the same day, the dwelling house of Thomas Stone , did break and enter, and stealing out thence, one silver watch, value 40 s. one pair of stockings, value 2 d. the goods of the said Thomas Stone.*

Thomas Stone. I live in Fetter-lane , I went to bed on the third of July, about eleven o'clock; then the sashes were down, and we found them all up at three next morning. About seven o'clock, the things mentioned were missing, the persons were taken up on some other account, and I saw them before justice Fielding, there the stockings were produced.

Thomas Gardner . I am a constable; I was at the searching his lodgings; and found a pair of stockings, (produced in court, and deposed to by Mrs. Stone.)

Stanley Acquitted of the burglary, and found Guilty of stealing the stockings, 2 d.

Groom Acquitted .

343. They were a second time indicted, by the names of Jos. Stanley, and William Groom , for that they on the eleventh of August , about two in the morning, the same day, the dwelling house of James Allen , did break and enter, and stealing out thence, one cloth coat, value 4 s. one cloth waistcoat, value 2 s. one man's hat, value 1 s . 6 d. one linen shirt, value 1 s. one linen apron, value 1 s. one cap, value 2 d. two silver spoons, value 3 s. two silver knee-buckles, one pair of bellows, one iron flask , two dozen of iron shafts for buckles, value 4 s. thirty paterns for buckles, and two leather pockets , and two shillings in money number'd ; the goods of the said James. And Anne Cibber , spinster , for receiving a linen apron, and a linen cap, part of the said goods, well knowing them to have been stolen .*

The witnesses were examined apart at the request of the prisoners.

Mary Allen . My husband is nam'd James, he lives in Boswel court , St. Martin's in the fields ; our house was broke open on the eleventh of August last, all was fast over night; and in the morning , we found our area door broke open. Then they had the cellar door to get through, and then it was but lifting up the latch to get into the kitchen. I got up about six, but my family was all up before me. I miss'd the things mentioned in the indictment, mentioning each, and what value. The prisoners were taken up, and Jos. Stanley told me he had given my apron to Anne Cibber .

Thomas Gardner . I am constable; William East charg'd me with Stanley, on the fourteenth of August last; I found nothing upon him, I went to his lodgings, and have got some things here, but East can give a better account .

William East . I took up Stanley, on suspicion of robbing my master the prosecutor, on the Thursday after the robbery; he had work'd with my master, I left him in custody of the beadle, and went and search'd his lodgings. The first thing I found was the belows; he lodg'd at the house of William Green; by looking about, I found every thing mentioned in the indictment, exclusive of the spoon and money. There was only one bed in the room, and Anne Cibber told me, they all lay together. By searching farther, we found a box concealed, and in it things belonging to other prosecutors; then we went to Stanley, and told him what we had found; he said, he could not help it now it was done, and denied any body's being concern'd with him. Then we took him before justice Fielding, and there he own'd the fact; and he had my master's hat on his head, at the same time. I never saw Groom, before I saw him before justice Fielding.

Q. Did he confess any thing?

East. I never heard him confess any thing belonging to this indictment. Anne Cibber was brought before the justice; I ask'd her how she came by those bellows, and who she was? she told me, she was wife to William Groom ; first she said, Stanley bought the belows for 19 d. ( The goods produced in court, and deposed to by the prosecutrix .)

Elisabeth Lloyd . I fastened the Door when I went to bed, by bolting it; and when I got up about six, I found it open.

Constable . The prosecutor is a quaker, and will not take an oath.

Robert Careless . I am servant to Mr. Hall, in Fox-court; Jos. Stanley brought a coat and waistcoat, to pawn at our house, on the twelfth of August, about ten at night; I lent them five shillings on them.

Q. Was any body with him?

Careless . No; there was not. These, here produced , I believe to be the same. I delivered them to the constable on the fourteenth

Q. to constable . Are these the same that were deliver'd to you, by that witness?

Constable. They are.

Prosecutrix . These are my husband's coat and waistcoat.

To Stanley's character .

Edward Harrison . I have known Stanley pretty near three years, he bears a tolerable goods character .

Benjamin Hartland . I have known him about two years, he was in my house a year, I have trusted him in my house from top to bottom alone; I always took him to be an honest man; he rented a vice of me to do his work at, he followed the trade of buckle-making.

Elisabeth Osbourn . I have known Stanley twelve months, he lodg'd with me seven of them; he behav'd himself extremely well. I never knew him out of the house after nine, and never heard him sware an oath in my life, or saw him in liquor.

Stanley Acquitted of the burglary, Guilty of stealing 5 s.

Groom and Cibber Acquitted .

(M.) They were a third time indicted, by the names of Jos. Stanley, and William Groom ; and Anne Groom , otherwise Cibber, a second time, the two first, for that they, on the fourth of August , about the hour of eleven in the night, on the same day, the dwelling house of dame Elisabeth Gerrard , widow ; did break and enter, and stealing out thence, one silk gown, value 5 s. one holland counterpane, work'd with needlework, value 40 s. The goods of the said Elisabeth; one pair of muslin ruffles, value 6 d. one pair of lawn ruffles, value 1 s. one muslin cap, value 2 d. two lawn caps, value 6 d. one pair of linen shift sleeves, value 2 d. the goods of Margaret Leach ; one silk and worsted gown, one pair of stays , the goods of Alice Curedine ; and the latter, for receiving the ruffles, the muslin cap, and the shift slieves; part of the said goods, well knowing them to have been stolen *.

Alice Curedine. I live with my lady Gerrard, in Charles-street . The dog bark'd about 11 o'clock, on the fourth of August, at night; we looked about, and found a window open in the garret where I lie, and the things mentioned in the indictment were gone.

Q. Was that window shut before?

Curedine. I do not know that it was. [She mentioned the things, her lady, she, and Margaret Leach , her fellow servant, lost.]

Margaret Leach . I live servant with my lady Gerrard, we believe the thieves got in at the garret window. [She mentioned the particulars of things lost.]

William East . The goods mention'd in this indictment were found in the search of Stanley's lodgings, in a box, which as Cibber said, was Stanley's box; the rest of the things were found at a pawnbroker's. They were carried to justice Fielding, and open'd; Stanley was there examin'd, how he came by the goods; he said, he had them out of a house by Hyde-park-corner; then Groom was not taken. (The goods produced in court.)

Curedine deposed to the counterpane, and silk gown, as her lady's property; and also to her own things.

Leach deposed to her things.

Thomas Frost . I am apprentice to Mr. Hall, in Fox-court; on Tuesday the fifth of August, we took in a silk gown of William Groom , it was deliver'd to the constable, on the 14th of August.

Constable. This gown that Curedine swears is her Lady's gown, is the same that this pawnbroker deliver'd to me.

Thomas Gibons . I am a pawnbroker; I live at the corner of Turnstile, by Lincoln's-inn-fields, I took in a pair of stays of Groom, the fifth of August last, and lent him 20 s. upon them, these are the same.

Curedine. These are the stays (produced here) I lost.

To Groom's character.

Thomas Bell . I have known Groom about six months; I have been often with him, and never knew any harm of him, he has been often at my house, we never suspected him of any thing of this sort.

Thomas Palmer . I have known him about three years, he lived with me a year; he eat and drank in my house, I never had a servant of so good behaviour in my life. He is a wheelwright, had he been as good a workman, as he is in behaviour, I would not have parted with him. I really believe him to be more fool than rogue.

William Donald . I have known him seven or eight years, a just and honest faithful servant to me; I employ'd him a month, and never heard or saw any thing else by him.

Martha Levet . I have known him 10 years, he liv'd seven years with my husband, he is a wheelwright, and work'd with me half a year after his time was out. He behaved very well, and never lay out of my house one night, the whole seven years, except when he went to see his mother, he is a very weak man.

Sarah Donald . I am wife to William, I have known Groom 10 years, I never knew him swear, or do any thing ill; I would trust him in my house, was he clear'd.

Stanley and Groom Acquitted of the burglary.

Stanley guilty 39 s.

Groom guilty 15 s.

Cibber Acquitted .

(M.) They were a fourth time indicted by the names of Jos. Stanley, and William Groom , for that they, on the fifth of August , about the hour of one in the morning, the dwelling house of William Young did break and enter, and stealing thence, one wooden stock, value 4 s. one setting-stone, value 2 s. one iron tool, called a firmer, two foot rules, value 6 d. the goods of the said William.

*Both Acquitted .

(M.) They were a fifth time indicted, for that they on the first of August , about the hour of one in the night, the dwelling house of Anne Reynold , spinster , did break and enter, and stealing out thence, one pair of fustian breeches, value 1 s. 6 d. the property of John London .

*Both Acquitted .

[Transportation. See summary.]

344. (M.) William Cook was indicted for stealing two printed books, intitled, A journey through every stage of life, value 3 s. the goods of Henry Slayter , July 5 .*

Henry Slater. I live at Holborn-bridge-bars; I am a bookseller . On Saturday the fifth of July, about four in the afternoon, two or three booksellers came to me, and told me they had lost book; that day, a little after came the prisoner to the shop window ; I saw him take two books up, and clap them under his left arm, under his coat. I went to him, and said, friend what have you got here? he said nothing of mine; he went to make a push to run away, and the books fell from under his cloaths . They are called , A journey through every stage of life, (produced in court ) I took him into my shop, then there fell another book from him. but that was not mine; the other two were. I took him before justice Fielding; there he own'd he had liv'd in this way for about six weeks and beg'd he might be sent to sea.

Guilty 10 d.

[Transportation. See summary.]

345. (M.) Charles Godson was indicted, for that he, on the 14th of July , between the hours of 11 and 12, the dwelling house of George Venables Vernon , Esq ; did break and enter, and stealing out thence, two blankets, value 2 s. the goods of the said George, two pair of stays, one dimitty gown, two silk gowns, one silk handkerchief, one cambric ruffle , the goods of Roger Clayton , Esq ; *

Richard Belinger, Esq; I live in St. James's-place , the door of my garden joins to Mr. Vernon's court-yard, there is a passage between his yard and mine, that leads into St. James's-park. On the 14th of July, as I was coming home, at my own door, betwixt 11 and 12 at night, I saw a man on my garden wall. I said, I will be with you, and immediately rung my door bell, and open'd the passage, in order to get at him; he jump'd from the wall into the passage. I called out thief, and watch, no watch came; my own servants came, and a servant belonging to a gentleman, that lives next door. The gate at the farthest end of the passage, that opens out upon Constitution-hill, was lock'd; upon seeing that, I knew the man must be somewhat near; we found some glass broken, and found the bundle of the goods mention'd, hanging on the inside of the wall, on a tenter-hook, the wall being full of them; they were wrapped, up in a blanket; the woman let us in to search the house, where we suspected he was got in from the area; we search'd about, and at last found the prisoner, and seiz'd him in the privy, behind the door. By this time, there was a great crowd of people in the street; we took him to the round-house; at coming back, we thought proper to search the houses near, where he was, to see if he had any accomplices, and we found at Mr. Vernon's, by telling them what things I had found , they were taken from them; and upon going into the room, we found the things tumbled about, and a trunk open, in which we were told, had been some of the things.

Aaron Powel . I am servant to Mr. Belinger, my master coming home betwixt 11 and 12 at night, he rung at the door bell, and called our watch, we went out, and were told, there was a man somewhere near; we search'd about, and took the prisoner out of Mrs. Dyer's privy, the second door from Mr. Belingers house; we found in the privy, a handkerchief, ruffles, and a knife; he was taken to the round-house.

Robert Midleditch . The same day Mr. Belinger rung and called for assistance, I ran, he told me there was a thief on his wall; and after searching about, we found the prisoner concealed in Mrs. Dyer's house-of office.

Matthew Faulk . I had been out, and coming home, I heard Mr. Belinger call out watch; I went to his assistance; in searching about, these things produced here were found; and also we found the prisoner in the necessary-house, at Mrs. Dyer's.

George Graham . I heard an out-cry; my fellow-servant came and told me there were rogues in the street. I ran out, and saw Mr. Belinger; he said they are house breakers. I saw the prisoner come out of the area of Mrs. Dyer, and some of the things found there.

Frances Clayton . The prisoner was taken before ever I knew any thing of it. The two pair of stays, ruffles, handkerchief, two silk gowns, and one dimitty gown belonging to me; they were in the out-house where all squire Vernon's servants lie: I am servant to him.

Q. Are you a married woman?

Clayton. I am wife to Roger Clayton .

Prisoner's defence.

I am a watch-case-maker; having nothing to do. I went to Kensington to see two or three friends. I staid there and drank part of two or three pots of beer; when I came to this passage, I waited at the gate in order to be let through it, a gentleman opened the gate in order to let me through, when I came to the middle of the passage I met two men; they told me the farther gate was open, but when I came there, I found it shut; then I went to get over the gate, as I had often done when a child. I was born there; Mr. Belinger said he would meet me, I went to run back, and fell down an area being a little in liquor, and staid there till Mr. Belinger and some other people came and took me out.

Acquitted of the burglary, Guilty of stealing 39 s.

346. (L.) Williain Haywood was indicted for stealing 45 lb. weight of copper, value 39 s. the goods of Benjamin Steel and George Stevens , July 30. ++

Joseph Frith . I live with Benjamin Steel and George Stevens ; the prisoner had formerly been in my master's service, but had left it, and work'd for my master at his own house. We missed the copper on the 30th of last July. The constable came and said he had found such pieces of copper upon the prisoner; and upon examining about the shop, we missed it.

Q. Where is your shop?

Frith . It is on the Bank-side in the parish o f St. Saviour's, Surry . (The copper produced in court) Part of it I can swear to be my master's property. The prisoner was taken before Mr. alderman Chitty, and there he confessed he had taken it, and for an excuse said, he was drunk when he took it.

Anthony Little . Between twelve and one o'clock in the morning I met the prisoner with this copper in Fenchurch-street near Aldgate. I ask'd him where he was going, and what he had got? He said he had got some wood, I laid my hand upon it, and said, it does not feel like wood; he said, to tell you the truth, it is copper. I asked him where he brought it from? He said he could not tell, or would not tell. I asked him where he was going to carry it? He said to White-chapel. I took him to the watch-house. Then he said he took it out of his master's warehouse, but he did not mention his master's name .

Q. to Frith. Did he own to you whose property the copper was?

Frith . He said it was the property of Mr. Stevens, and begg'd for mercy.

Q. from prisoner. Please to ask him whether I did not say I bought the copper on the other side the water?

Little. No he did not say so.

Robert Martin . I was constable of the night, the prisoner was brought to me; I examined him how he came by the copper. He gave but a very slight account, so I sent him to the Compter.

George Wardley . I was in the watch-house, and took the prisoner to the Compter; he would not give us an account how he came by the copper, I went about after that to the copper-smiths to inquire who had lost such pieces.

Frith. I can't say I had made such strict examination as I have done since. That I am certain is my master's. I have measured one of the pieces to see if I could cut a 17 inch bottom out of it. I have had it in my hand scores of times. We miss'd such as the other pieces, but they not being so remarkable, I will not swear to them, I never suspected him of any such thing before.

Prisoner's defence.

I bought the copper of a man that lives on the other side the water, he leaving off business, being going to sea.

To his character.

William Jewster . I have known the prisoner intimately four or five years; I never heard any ill of him till this affair.

James Hopkins . I have known the prisoner 20 years, he has a very good character; I would lay my life down for it. I never heard he was guilty of doing any thing amiss: they would not swear to the copper before the sitting alderman.

John - I have known the prisoner some years, he has as honest a character as ever I heard in my life.

Charles Ryder . I have known the prisoner above 20 years, he is as honest a man as ever I knew in my life.

Seymour Tapley . I have known him 15 or 18 years, he always bore a very good character.

Guilty .

[Transportation. See summary.]

347. (M.) Mabell Hughes , widow , was indicted for the murder of Alexander Knipe , July 3 . She stood charged on the coroner's inquisition for manslaughter. ||

John Travilian . I was 13 years of age last April.

Q. Do you know what will become of you if you tell a lie upon your oath?

Travilian. If I tell a lie upon oath, the d - l will have me.

Q. Did any body bid you say so?

Travilian. No, no body.

Q. Has any body set you on to tell a story?

Travilian. No. (He is sworn.)

Q. Where do you live?

Travilian. I live in Aldgate workhouse .

Q. Where did Alexander Knipe live?

Travilian. He lived there too.

Q. How came you to live there?

Travilian. Because my father and mother died.

Q. What business do you do there?

Travilian . I wind silk.

Q. What did Knipe do?

Travilian. He wound silk.

Q. Where did Mabell Hughes live?

Travilian. She lived there. She used to mind us to see that we did our work right.

Q. How long has Knipe been dead?

Travilian. I can't tell how long it is.

Q. Where was you when he died?

Travilian. I was in the workhouse then.

Q. What occasioned his death?

Travilian . I don't know.

Q. Do you know any thing against Mabell Hughes?

Travilian. I know she stamped upon him.

Q. How long was that before he died?

Travilian. He was dead the next morning.

Q. How old was Knipe?

Travilian. I don't know how old he was.

Q. Was he bigger or lesser than you?

Travilian. He was lesser than me.

Q. What time of the day was it that she stamp'd upon him?

Travilian. It was in the afternoon.

Q. What time?

Travilian. I don't know what time.

Q. How long before night?

Travilian. Not long.

Q. Where was it?

Travilian. I was by, it was in the open garret.

Q. Were the rest of the silk-winders by?

Travilian. No, all of them were not, some were gone out.

Q. Who was by besides you?

Travilian. I don't know who.

Q. What were they that were there besides you?

Travilian. They were little children.

Q. How many were there of them?

Travilian. I believe there were half a dozen children there then.

Q. Were they winding silk then ?

Travilian. No, it was on a Sunday.

Q. What were you all a doing?

Travilian. We were all at play quietly, and she came up, and fell a licking us.

Q. Who did she beat?

Travilian . She beat me, and all of us, but she beat none of us so much as him.

Q. How did she beat him?

Travilian. She beat him with a stick, with her left hand first, and because that was not enough she took her right hand, and hit him with the head of the stick.

Q. Where is the stick?

Travilian. The church-warden has got it. ( An oaken stick with a knob to it produced in court.) This is it.

Q. Where did she hit him with it?

Travilian. She hit him on his shoulders and his back.

Q. How many blows do you think she struck him?

Travilian. I don't know how many.

Q. Did she give any reason why she beat him?

Travilian. No.

Q. What did she say before she beat him?

Travilian. She said nothing before she beat him.

Q. Was you sent up there to read your books, or to do any thing of that kind?

Travilian. No, we were sent up to play quiet, and she came up.

Q. Where was Knipe when she came up?

Travilian. He was sitting upon a trunk, and she hawl'd him upon the ground with her hand, and stamped upon him.

Q. Did he fall on his back or his belly?

Travilian. He fell on his back.

Q. What part of his body did she stamp upon?

Travilian. Upon his groin .

Q. How many times?

Travilian. Just so. (Giving a stamp with his heel, directing that leg forward.) She kick'd him with the toe of her shoe, and then stamp'd upon him with the heel of her shoe.

Q. How many times did she stamp upon him?

Travilian. She stamp'd upon him once, and kick'd him once.

Q. How long did she keep her foot upon him?

Travilian. I can't tell justly, when she let him get up she did not do any thing else to him.

Q. What did she do after that?

Travilian. She went down stairs?

Q. What did he say after this?

Travilian. When he was going to bed, he said Mrs Hughes had kill'd him.

Q. How long was this after?

Travilian. I do not know.

Q. Was it an hour?

Travilian. A little more, I believe.

Q. What did he say to her at the time she was beating him?

Travilian. He did not say any thing, he only cried.

Q. What did she say to him?

Travilian. She said nothing to him.

Q. Was he quiet and easy after she had stampt upon him?

Travilian. Yes.

Q. You did not observe any thing the matter with him, did you?

Travilian. No.

Q. What did he do after she went down?

Travilian. Then he got up and set upon a trunk.

Q. How was he then?

Travilian. He cried and complained of his belly.

Q. What complaint did he make of his belly?

Travilian . He said, Oh, my belly aches!

Q. Did he make any complaint of that the day before?

Travilian. No, he did not.

Q. Did he continue complaining till he went to bed?

Travilian. Yes.

Q. Who lay with him?

Travilian. I did, and because he should not die in my arms, I got out of the bed and lay on the floor.

Q. How was he when he was in bed?

Travilian. He was very hot, and said nothing but, Oh, my belly aches!

Q. Did he go to sleep?

Travilian. He did a little while, and then he waked .

Q. How long was it before you got out of the bed after you got in?

Travilian. A good while.

Q. Was he better after he was in bed?

Travilian. He groaned worse and worse, he groaned and could not speak.

Q. When did he die?

Travilian. I do not know, I went to sleep on the floor.

Q. How soon did you know he was dead?

Travilian. I did not know till the morning, then one of the boys came and told us.

Q. What time was that?

Travilian. That was about six o'clock.

Q. Did you see him after he was dead?

Travilian. I saw him dead in his bed.

John Cox . I live in this workhouse. Alexander Knipe was about 11 years old.

Q. How long have you been in the house?

Cox. I have been in it about 12 months. Knipe came into the room to me about five in the evening, nine weeks ago to-morrow.

Q. Do you know how he came by his death?

Cox. I did not see it; about five in the afternoon, I was sitting in my room which is on a floor with that the boys were at play in. Knipe came in and pulled off his coat and waistcoat, and shew'd me his arms, and said Mrs. Hughes had killed him.

Q. Did he say what she had done to him?

Cox. No, he did not, but went to bed directly, and complained of his belly; he said his bowels pain'd him much, and he was very uneasy.

Q. Did you hear any thing pass in the other room while you was sitting there?

Cox. No, I did not.

Q. How did his arm look?

Cox. That look'd very much bruised. Two women brought him up about one o'clock next morning, I suppose he had been down to go to the necessary-house. They put him in bed.

Q. Was he alive then?

Cox. He was; and about five o'clock, I heard the words, Alexander Knipe was dead.

Q. Did you see him when he was dead?

Cox. I did.

Q. Did you observe any bruises?

Cox. His arm was very much bruised, and his side was bruised; I saw it green.

Q. What did they appear to be given by?

Cox. They both appeared to be given with a stick, his cod was swell'd, and black and green; he was born bursten.

Q. Did the prisoner know he was bursten?

Cox. Yes; I knew she did, all the house knew it.

Q. Did you talk with her about it?

Cox. I never chang'd a word with her in my life.

Q. What was she?

Cox. She was a sort of an over-looker of the children; a very cross four woman to the children.

Q. Did you ever see any severities by her?

Cox. Yes; I have seen her beat the children.

Philip Watson . I have liv'd in this workhouse 10 or a dozen years; I heard the child cry out in the next room to me, it was in a three pair of stairs, in a garret; it was about six or seven o'clock; I was sitting in a chair by the child's bed side. After he came out of that room, I ask'd him what was the matter? he came out crying: he told me Mrs. Hughes , or mother Hughes, had kill'd him. Said I, how has she kill'd you? he strip'd himself, and shew'd me his arm. I saw two or three ugly marks there, he told me his back was worse; I saw two or three stripes that look'd black and blew; he told me she had thrown him down, and stamp'd on him; he said she had kill'd him, had kill'd him, and he should die. I bid him go to bed, and accordingly he did and I heard him nothing but groan in bed; and at about 11 o'clock, he went down stairs.

Q. How do you know that?

Watson. I know he went out of the room; I saw him, for I was setting upright in my bed. I lay in the same room, within three yards of his bed, two women brought him up to bed again; and when they had put him in, I thought he was very easy and quiet. In about two hours, I heard him groan very much; all he said was, she has kill'd me, she has kill'd me. In the morning, two women came up to look at the child, and told me he was dead; then they searched his private parts, and told me it was black.

Q. What time did they come up?

Watson. I believe it was about six or seven o'clock.

Q. Did you look at the body after it was dead?

Watson. I never looked at the body after.

Q. Did you ever speak to the prisoner after the child was dead?

Watson. No; I never spoke to her in my life.

Mary Primmer . I live in Aldgate-workhouse; I knew Knipe.

Q. How long had he been in the workhouse?

Primmer. I cannot tell, he had been there some years.

Q. Did you know that he was bursten?

Primmer. He was born bursten; I was at the birth of him. On the Monday morning about three o'clock, I heard the groans of a child, as I lay in bed.

Q. Where was this?

Primmer. He lay in the garret; but this was down at the bottom of the house. I got up and open'd the door; the child said it is me, mamma Primmer; then I knew it to be the deceased. I went down to him, he lay upon the ground, just within the threshold of the door, flat on his back, holding up his belly with his two hands. I took hold on his right arm, he said O mamma, I cannot stand (the child used to call me mamma,) I am a dying, I shall die. Then Gilmore ran down to me, and we took the child under his shoulders and back, and carried him up to his bed, and laid him down in it; and cover'd him up warm; and in the morning about half an hour after five the bell rung for the boys to get up, and the child was then found to be dead.

Q. During the time of your carrying him up, and your tucking him up, did he make any complaint .

Primmer. He never spoke a word more. The people that found him dead, told me he was not cold then.

Q. Did you examine the body after it was dead?

Primmer. I did, I found he had had a kick in his right groin, and the place was as black as a shoe; it was dented in like the print of a toe of a shoe, into the side of his groin.

Q. Did the prisoner know he

Primmer. She did.

Q. How do you know that?

Primmer. She has called him bursten coded dog, a thousand times I believe.

Q. How long has the prisoner lived in the house?

Primmer. They talk she has liv'd in the house 15 or 16 years.

Q. Had you any talk with her after the child was dead?

Primmer. I told her of it. She said if she did kick him, she could not tell whether she did or not.

Q. What was her employ?

Primmer. Her business was to overlook the boys when they were at work, and keep them orderly.

Penelope Gilmore . I live in this workhouse; the child came down in the morning, about three or four o'clock, and could not get up again. He made heavy moans. Primmer went down to him, and I went after her; the child called mamma, mamma, we carried him up stairs, and put him into bed, and left him there.

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

Gilmore. No; I did not.

Q. Did you know that he was bursten before that?

Gilmore. I did.

Q. Did the prisoner know that too?

Gilmore . She did; all the whole house knew it, old and young.

Sarah Cole . I am mistress of the workhouse, and have been two years and better. Mabell Hughes's work was to take care of the silk, and the children that spun it; on this Sunday, after the duty of dinner was over; the deceased child was among the rest of the children; he was as well as usual to all appearance, in perfect health . I saw him again at half an hour after three, to all appearance, then in present health; and I never saw him alive after that.

Q. Was he bursten?

E. Cole. He was, but he was very chearful.

Q. Did you see the body after he was dead?

Cole. No; I did not. I was so much surprised, I had not power to speak to her.

Q. How came you to let her beat the children in such a manner?

Cole. I never gave her the power over them; she had that power before I came there.

Prisoner. She has told the truth

Q. How was the child for temper, easy or hard to be govern'd?

Cole. He was a very mild temper'd child, he would not hurt a worm ; she had no occasion to beat him.

Eleanor Fitzer . I live in the workhouse; I know the prisoner has been a very hard-hearted barbarous woman. Alexander Knipe was well on that Sunday in the morning about seven o'clock when I saw him. I never saw him till about five at night, when he came to go to bed; then I saw him rolling about on the bed. He voided blood upwards; he was very troublesome, and complain'd he had a hurt in his groin . I saw the body after he was dead between five and six next morning. I observ'd some bruises about his arms and shoulders.

Q. Did you observe his groin ?

Fitzer. I did not look upon it.

Judith Cosse . Alexander Knipe was a very sober child, he would not hurt a fly , much more a worm. He was playing with me about half an hour after three on that Sunday in the afternoon.

Q. How was he for health then?

Cosse . He was as well for health then, as I am now .

Q. Did you see him after that?

Cosse. I did not till the next morning, betwixt five and six; he lay dead on the bed.

Q. Did you see him after that?

Cosse. I did; and saw a kick she gave him on his right side; the same side, on which he was bursten . There was by his private parts; the print of a toe (by the length she shewed on her finger, the dent was an inch deep) after that I went to the ward were the prisoner lay, and told her that Alexander Knipe was dead , but she made me no answer.

Alexander Hart . I am a surgeon; I saw the body of Alexander Knipe the day after he died. I perceived nothing but a little blackness on one arm.

Q. Did you observe his groin?

Hart. I did, I observ'd no blackness upon it at that time.

Q. Did you observe any thing of a dent ?

Hart. No, I did not .

Q. Was he open'd?

Hart. He was , and we found there had been an inflammation in his bowels, particularly where the rupture was. The child had a rupture, which occasioned a strangilation of the gut that was in the scrotum .

Q. What do you mean by strangilation?

Hart. The gut was tightned by being inflamed, and the gut was a little putrified .

Q. What do you suppose was the cause of his death ?

Hart. I imagine it was that blow, or bruise the child had receiv'd .

Q. Might not these appearances have been without a blow or bruise?

Hart . They might, but I suppose they were by that, because the child was well before.

Q. The state in which you found the body, could that arise from a natural cause?

Hart. It might.

Q. If you had not heard of the blows given, and you had seen the body open in the state it was; what would have been your judgment upon the case?

Hart . I should have thought it was from the inflammation upon the parts; but I could not particularly assign a reason why there should be an inflammation there.

This Sessions being unusually protracted, several remarkable trials are omitted in the present publication for want of room, among which is that of Bradbury , for the detestable crime of Sodomy ; this, and others equally interesting , will therefore be publish'd 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 10th, Thursday the 11th, Friday the 12th, Saturday the 13th, Monday the 15th, and Tuesday the 16th of SEPTEMBER ,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER VII. PART III. for the YEAR 1755. Being the Seventh 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. UPON the whole, what is your judgment from the view of the body ?

Hart. I imagine that the bruises there might be the occasion of his death.

Court . You don't seem to say you saw a bruise.

Hart. Then it must be from the inflammation.

John Bulcock . As they thought the boy was murdered, they applied to Mr. Hart and myself to inspect the body: we found no marks of violence on the outward parts, that might occasion his death. The boy had been dead 3 days, and there appeared no other blackness than what might have been on a body that time. We proceeded to open the body, and found there was a natural rupture. We thought the gut had been forc'd down violently into the scrotum from the laxity of the part, and occasioned a strangulation by the tightness of the part, after great part of the intestine was forc'd down into the scrotum.

Q. How long might a blow given before his death, be the occasion of his death?

Bulcock. It might in twelve hours time, where the bruise happens on such a place as that, it mortifies immediately.

Q. Did you observe any thing to lead you to judge there had been violence used or not?

Bulcock. That would be very hard to say, for the skin was not so much as chased, or lacerated upon the ruptured part. I really did imagine he had fallen against a chest as he came out of the room ?

Q. Then was there not reason to believe there had been violence used some way?

Bulcock . Yes, there was great reason to believe there had been some violence in it.

Q. What is your judgment on the whole ?

Bulcock. My judgment is, that the boy had received some blow or injury upon that ruptured part , which I do imagine principally was the cause of his death, though if he had not had a rupture I much question whether it would have been the occasion of his death or not.

Q. Supposing a boy of that age, without a rupture, and a grown woman was to stamp upon him, would not that be dangerous?

Bulcock . Whether it would thrust them out of their place, is very uncertain.

Q. If the boy had a rupture, would it not be the occasion of his death, was a grown woman to stamp upon them parts?

Bulcock. Yes, I really believe it would.

Prisoner's defence.

They were making a sad noise, and they were given to make away with my work; lay it in one place and another, and drop it about, and throw it into the vault, and that was an abominable thing. I did not do this; it was by his falling between two trunks, against the sharp end of one of them, that it was done.

To her character.

Isabella Howlaston. I have known the prisoner ever since I was seven years old, I never heard of any cruelty by her. She has been in my father's house six or seven weeks at a time; she was quite tender to our children. Please to ask the mistress of the workhouse whether any of the people had ever made any complaints to her of the prisoner's cruelties.

Court. If the prisoner has a mind to call her to her character, or ask her that question, she has a right so to do.

Prisoner. Call her to my character.

Mrs. Cole . I beg to be excused in regard to her character, if you please; I can't say, but I have heard of her beating the children very much.

Anne Greenfield . I have known her above 50 years , she is as good a natured woman as ever breath'd . I have had 10 children at a time at my house, and she used to nurse them, and look to them.

Anne Alderman. I have known her above 20 years; she is a very sober good-natured woman .

Mary Larkham. I have known her ever since I can remember myself; I never saw any thing else but good-humour and sobriety. My mother has left her with me when I was a child many a time.

Elisabeth Wilsher . I have known her four years , I can't say I have been much with her; she is a very good-natured woman. When she used to have any fruit, she would say she would give them to her children in the workhouse .

Guilty , Death .

This being on the Saturday, she received sentence immediately to be executed on the Monday following, and her body to be dissected and anatomised. She was executed accordingly , and her body delivered in at Surgeons-hall.

348. Charles Bradbury was indicted, for that he, not having the fear of God before his eyes, but being mov'd and seduc'd by the instigation of the devil, on James Hearne , feloniously did make an assault , and the said James Hearne , did carnally know, and with him, the said James, did commit that detestable crime not fit to be named in a christian country, called sodomy , April 14 . +

Q. to James Hearne . Where did you come from now?

Hearne. I came now from Law-hall , 10 miles from Dunstable .

Q. How long have you been there?

Hearne . I have been there seven weeks.

Q. How came you to go there?

Hearne. Mr. Bradbury ask'd me, whether I had any desire to go into the country, as I had no friends; and I was desirous to go.

Q. What is your business?

Hearne. I was put apprentice to James Nokes .

Q. How long is it since you came acquainted with Mr. Bradbury?

Hearne. It is about half a year since.

Q. What time of the year was it?

Hearne . It was about January last, I went with my fellow apprentice to hear him preach at the chapel.

Q. What is your fellow apprentice's name?

Hearne. His name is Jonas Philips . Mr. Bradbury desir'd I would come in, and he ask'd me who it was that was at the door; I said it was my fellow apprentice. I was brought up a papist, Mr. Bradbury desir'd I would come in, and he ask'd me how I came to hear him when I was a papist ? I told him my fellow apprentice desired me to come to hear him, or I should not have come; then he said I might come to hear him at Glover's hall Beech-lane .

Q. Did you go and hear n there?

Hearne. I did ; and the first time he spoke to me there, was the night that Mr. Merideth was buried from the tabernacle ; I do not recollect the day of the month.

Q. What past that time?

Hearne. After the congregation was over, the people were desired to go to the burying, and one Mrs. Hall, was to stay to shut up the Door. Mr. Bradbury ask'd her what she staid for? she said to shut up the door; he ask'd her if it did not go with a spring-lock? She said yes, then he said you may go take the key with you, and I will stay with James here, I want to speak with him. I was leaning my head against the chimney-piece; he ask'd me if I was well, I said very well ; he took me upon his knee, and dragg'd me by the coat, and kissed me; then he put his hand into my breeches, which were torn; then he got up, and put out the candle, and unbuttoned his own breeches, and bid me play with his y - d. This was about 9 o'clock, I told him I was afraid I should have a noise with my master; do not be afraid, said he , if they-scold you, come away, and I will get you another place.

Q. Was this all that past that night?

Hearne. This was all that past at that time?

Q. How many times had you been to hear him before?

Hearne. I can't tell how many.

Q. Had you had any conversation with him before this?

Hearne. We had talk'd together before.

Q. Who else has been in your company when you have been together?

Hearne . Mr. Cook used to be in company with us, and other company that used to come to the hall .

Q. How many days after this, was it you saw him ?

Hearne. I can't tell.

Q. Do you remember your going of an errant for your master?

Hearne. I remember my master's sending me on a Friday morning to receive some money.

Q. How many days after this do you think it was?

Hearne. I can't tell .

Q. Recollect as near as you can ?

Hearne . It was not a great while , I believe about a week after .

Q. What happen'd there?

Hearne. I went to receive some money for my master, and going up Tyburn-road , I met Mr. Bradbury, he ask'd me if I had had any breakfast.

Q. What pass'd between you then?

Hearne. Nothing pass'd then, but talking about what religion I had been of. I went down as far as Soho-square , and he gave me some books to carry to Mr. Brown's, in St. John-street, at the Rainbow and Dove.

Q. What religion was you then?

Hearne. I was a Roman-catholic at that time, I went to Mr. Brown's, and carried the books, and I ask'd Mr. Brown, what o'clock it was; he said twelve, then I was afraid to go home, and so wandered about the streets, till night , and then went to Mr. Bradbury .

Q. Did Mr. Bradbury know you was sent of a message for your master that time?

Hearne . He knew I was; I told him I went for some money for my master, and the gentleman was not at home. That night he call'd at Mr. Cook's, that was in company with us, and I went to his chapel, in Chandler's-street, to hear him preach.

Q. What night of the week was that?

Hearne . That was on a Friday night, Mr. Bradbury told Mr. Cook, I was to tell my master, I could not see the gentleman, till the afternoon, and could not take the money till the afternoon, then I was afraid to go home. Mr. Bradbury bid me say I could not see, him all the day. After that, I went to Mr. Bradbury's house, and Mr. Bradbury came half an hour after, and ask'd whether it was not truth, that I had not been home; Mr. Cook said yes, then he said we will go along with him; then going up Charter-house-lane, he desired Mr. Cook would go with me, and said, if my master would not receive me in, he would. Mr. Cook went in and told my master. I was at the door with the money; but my master refused me, and would not let me come in that night.

Q. What religion is your master?

Hearne. He is a church-man ; then I went to my father's lodgings, and he was not at home, or he would have taken me to my master. His landlord let me lie in his house. The next morning, I wandered about Charter-house-square: and in the afternoon, my master took me in again. Mr. Bradbury desired me to come away, and said , he would get me another master; then I told my master I did not like the trade.

Q. Why did you tell him so ?

Hearne. Mr. Bradbury said, if I chose to come away, he could get me a better place; this was before witnesses.

Q. Who heard it?

Hearne. Mr. Brown , was one that heard him say so; I came away from my master that same day.

Q. What day of the week was it?

Hearne. It was on Saturday; then I went to my sister's in Charter-house-street , where I met with my father; he desired me to go to my master, but I did not; but went to one Newton's in Bartholomew's-hospital .

Q. Was that by Mr. Bradbury's direction?

Hearne. No ; it was not. From thence I went to Mrs. Brown's, in St. John's-street, there I met Mr. Bradbury, and told him how it was. He said James, what made you come away in such a hurry, as you have but a small time to serve? you might have staid till I got you a place. Then Mr. Bradbury wanted a lodging for me, and Mr. Stevens got me a lodging in St. John's-street. And one Sunday night, he desired Mr. Whitaker, that lives in Worsley-court , in the Minories, to let me lie at his house, till he could get me in at my master's again, or get me another place.

Q. When was this?

Hearne. This was on a Sunday, after he had done preaching?

Q. How do you know he ask'd Mr. Whitaker?

Hearne . I heard him, and I went to Mr. Whitaker's house, that night to lie. Mr. Whitaker said, he had but poor lodging for me; but if I accepted it, I should live there till he got me a master; and on the Tuesday night following, Mr. Bradbury came and desired to know if he could lie there .

Q. Had you laid there on the Sunday and Monday nights.

Hearne. I had; and on that Tuesday I was at Glover's-hall, and heard him preach; Mrs. Whitaker told him, she had but two beds, and she supposed he would not choose o lie with me, and my bed was small. He said he would make shift for one night, and he was not well, and did not chuse to go home that night; she said if he was willing to make shift, she was willing to entertain him with what she had.

Q. Where was this conversation?

Hearne. This was at Glover's-hall in Beech-lane.

Q. Where does Mr. Bradbury live?

Hearne. He lives in Stockwell-street , Oxford-market, we went to Mr. Whitaker's, between nine and ten o'clock that night, Mr. Whitaker did not come to the hall that day, and he was surprized to see Mr. Bradbury come to his house, and he desired Mr. Bradbury to excuse him, for he had but poor entertainment for him. Mr. Bradbury proposed to lie with me; but my bed being but a little one, Mr. Whitaker and his wife lay in my bed, and Mr. Bradbury and I lay in their bed.

Court. Now give a particular, as well as a true account of what pass'd that night.

Hearne. After we put the candle out, and we were in the bed, he flung his legs about me, and kiss'd me; and first tried with his finger to enter my body, then he tried with his y - d, and did enter as far as he could, and his s - d came from him. The next morning we both got up, and went to Mr. Milward's in Shoreditch to dinner,

Q. Did any thing particular pass there?

Hearne. Nothing in particular; then I left him, and went back to Mr. Whitaker's to dinner.

Q. Did he go with you there?

Hearne. No; He did not. I went to the chapel to hear him preach, being Wednesday evening.

Q. Did he and you lay together after this?

Hearne. The next time was about a week after, one Thursday-night. Then he said he was not well, and it was too far for him to go.

Q. What happened that night?

Hearne. The same passed as before.

Q. When did you see him after that?

Hearne. In about a week after; he lay with me four or five times at Mr. Whitaker's, and he behaved in the same manner every time.

Q. How long did you lie at Mr. Whitaker's?

Hearne. I lay there about six weeks.

Q. Who was at the expence of your lodging?

Hearne. Mr. Bradbury was.

Q. How do you know that?

Hearne. He told me so, for I was not able. After that, he gave me a shilling to go to the Register-office, to have my name registered, to get a place, and I got a place the day after .

Q. Did he give you a character ?

Hearne. Mr. Brown, in St. John's-street did; it was to Mr. Mayne, a haberdasher, at the sign of the Sun, in the Strand .

Q. How long did you stay there ?

Hearne. I staid there about a month ?

Q. How came you to leave him?

Hearne . Because I used to stay too long on errands.

Q. Had you any intercourse with Bradbury there?

Hearne . No; I had not. After that, I went to Kensington, to a boarding-school, where I had been before, to see the people; they desired me to stay all night; I staid the Friday, Saturday and Sunday; and on the Monday, I went to Mr. Bradbury's, where he lodg'd; he was not at home.

Q. About what time was this?

Hearne. This was about three days after I left Mr. Mayne's; they ask'd me the reason why I came from my place. I told them my father had been there, and told Mr. Mayne, I was an apprentice, and then they would not have any thing more to do with me; then they said I might lie at Mr. Kepling's, who is the pew-opener at the chapel.

Q. Did you lie there?

Hearne. I did that night; and next morning I saw Mr. Bradbury, he ask'd me the reason of my coming from my place. I said, because I had staid out too long on my errands; he desired me not to tell Mrs. Shore, but still say my father had come, and told them I was an apprentice, and then they would not have me any longer; I boarded at Mrs. Shore's, and lodg'd at the chapel. Mr. Bradbury told her I was a poor lad turned out by my father, and my master, on the account of my religion.

Q. Who paid the expence at Mrs. Shore's?

Hearne. I paid none; I do not know who did.

Q. What time was it you went to Mrs. Shore's.

Hearne. It was after I came from Mr. Mayne's, I went to board with Mrs. Shore on a Monday; and on the Wednesday following, after preaching at the chapel, in Chandler's-street, Grosvenor's-square , Mr. Bradbury came down from the pulpit, and after the people were gone, he began to talk bawdy there with Mr. Cook.

Q. Did any thing particular pass between you two then?

Hearne . No; nothing in particular.

Q. Where did Mr. Bradbury live?

Hearne . He lodg'd and boarded at Mrs. Shore's, and I lay at the chapel, and had my victuals at Mrs. Shore's. On the Thursday night, Mrs. Pickering, who is Mrs. Shore's daughter, said it was too far for me to go to the chapel to lie; and said, I should be there in their garret, this was the night the fire happened in Covent-garden. They desired me to go and see where it was ; I went, and when I came back, Mr. Bradbury was come home; Mrs. Shore desired the maid might go up after I was in bed, and take away the candle; Mr. Bradbury said, he would go up and fetch it himself; so I went to bed; after that, he came up and desired me to come down to his bed, when every body was gone to bed. I went down to his chamber, he was reading in a large book; he told me to get into bed, and he would come presently after. I was got in, he came into bed to me; he did not put the candle out, but let it burn out of itself; there he behaved in the same manner, as at Mr. Whitaker's . I told him it hurt me , and he took it out again, and I felt something run from his body; this was on a Saturday night.

Q. Did he repeat it any more?

Hearne. No; not that night.

Q. Did he any more?

Hearne. The next night was in Chandler's-street, Grosvenor's-square, that was on a Tuesday about a week after; then he came to Mrs. Brown's, where I was at supper; I was telling Mrs. Brown what he had done to me.

Q. How came you to tell her?

Hearne . Because after this, he had sent me to Mr. Whitaker's for some linen; and there having the child in my hand, and kissing it, Mrs. Whitaker said, that is the way Mr. Bradbury kisses Billey Cook.

Q. Then nothing happened at the chapel, till you had told of his behaviour?

Hearne. No; I had told Mrs. Whitaker, what he had done to me before this; I am going to tell what happen'd at the chapel. I told Mrs. Whitaker, he had done so and so to me; after that Mr. Whitaker went with me to Mr. Brown's, where I told Mrs. Brown of it; there, as I said before, Bradbury came in; then I told him to his face what he had done, and said it was truth.

Q. How came you to tell this to Mrs. Whitaker?

Hearne. Because they were talking of Mr. Bradbury's being guilty with somebody else; and they ask'd me why he came to take so much notice of me; and why he lay awake till four or five in the morning, when he lay with me?

Q. What did Mr. Bradbury say for himself, when you charged him with it?

Hearne . All he said to Mr. Brown was; what must I do to make you believe I am innocent?

Q. What said Mr. Brown?

Hearne . Mr. Brown bid him hold his tongue, as he was going to make many oaths; he said, he wish'd he might drop into the pit of hell or never enter heaven's gates, if he was guilty Then when Mr. Bradbury found I stood it out; he told me, I had robb'd him of two candlesticks; and said, if I did not go along with him to look for them, he would have me before a justice, and transport or hang me.

Q. Make many oaths about, what did he mean?

Hearne. About what I had charged him with. Then he said he would hang me about the candlesticks, and he said all I had to do, to clear his character, was to recant. I said because he had threatened to hang me, I would. He went home with me the same night to Chandler's-street, Grosvernor's-square chapel , and he there lay with me , and offered to commit the same fact with me again.

Q. Did he only offer it?

Hearne. He did do it. Then he did enter my body.

Q. What night was this? give the court an account of the particulars.

Hearne. This was on a Tuesday night. First he went up to his own house where he lodged, and knock'd, and said every body was in bed, and he was afraid he could not get in, and said he fansied Mrs. Pickering could not be up at that time of night, and said, I will go and lie with you James.

Q. Where?

Hearne. This was in the chapel, we got there about 12 o'clock at night. I went to bed, and there he committed the fact upon my body as I mentioned.

Court. Be particular.

Hearne. He put his y - d into my body. There was stuff came from his body. I said I could not bear it. Then he took it out, and said James, your father swears vengeance against you for following me, and says if he ever sees you, he'll knock your brains out. I would have you get away. Then I said, I would very willingly go abroad.

Q. Did he repeat it any more that night?

Hearne. No he did not; he desired me to go to France. On Wednesday night he preach'd at the chapel in Chandler's-street. There were Mrs. Pickering, Mr. Kepling the pew-opener, Mr. Cook, Mr. Bradbury and me. Mrs. Pickering said, James, do you know what you have been doing in accusing Mr. Bradbury, but I will beg mercy for you, and if you'll recant, I will try to get you off. And she drew up a recantation, and she read it to me, and I signed it.

Q. What was the purport of it?

Hearne. '' Let it be known to whom it may '' concern, that I James Hearne charged the reverend '' Mr. Charles Bradbury of indecent actions , '' which God knows he is innocent of, and '' I ask the said Mr. Charles Bradbury and God '' pardon .

Signed with my name.''

Q. Why did you sign this if you knew what you said to be truth?

Hearne. I did this because he threatened to hang me, and he had told me my father had threatened to murder me . Then Mr. Bradbury made pretence that I should not lie in the chapel any more. Then I was to go to France; but before I went, they said they had lost that recantation, and I must make another. They bid me keep down in the cellar, fearing my father or master should see me; telling me, that if they saw me, my master would make me serve my time in Bridewell . There they kept me in the cellar in the day time, and made me lie in the chapel at nights.

Q. How long did you lie in that manner?

Hearne. I liv'd so about three days; then Mrs. Pickering, Mr. Kipling, Mr. Bradbury, and Mr. Cook came down to me in Kipling's cellar . There was Kipling's wife and daughter. Mrs. Pickering said, Mr. Cook had drawn up a recantation more to the purpose, and I was to sign it.

Q. Did you sign it?

Hearne. I did .

Q. Why did you sign it?

Hearne. I was as much afraid of them as before, because they were so strict to me to keep me down in the cellar. When this was signed, Mrs. Kipling was dead drunk, and her husband was drunk. Then I staid till the Sunday, and went with Mrs. Pickering to the Minories to a smith named Colegate, and she gave him a guinea to pay my passage to Dunkirk. Bradbury had told me that Mr. Brown and my father were looking after me, and it was he that proposed my going abroad.

Q. How did he propose it to you?

Hearne. He ask'd me if I was willing to go abroad, or be deliver'd up into their hands , saying if I was delivered up to them, I should be sure to be sacrificed.

Q. Why did Mrs. Pickering go to get the man to pay your passage?

Hearne . She went, because Mr. Bradbury was to have no hand in it.

Q. How do you know that?

Hearne. I heard Mr. Bradbury give her directions about it; he asked her if she knew any man to go along with me. She said she knew a gentleman in the Minories that would go along with me, and before we went she made me write a letter, sign'd as if it came from Dover, for the people were in pursuit of me, and if they found I was got there, they would not inquire after me . I said it must go to the penny-post . Then she said, you must write at the bottom. I sent it by a friend, and desired him to put it into the penny-post, and that I was at Dover, and that the ship was to sail the next morning.

Q. Was Bradbury present when she said this?

Hearne. I don't know that he was. I set out on Sunday morning from the Minories to go down to the ship, and went in the ship for Dunkirk .

Q. How long did you continue in France?

Hearne . I staid there not much more than a month; then I came to England, and walking by Lincoln's-inn chapel , on a Sunday, I met with a man that ask'd me what I was about. I told him I was out of business. He took me home to his house; he made weather-glasses , and he employ'd me to carry them about.

Q. Did you see Bradbury after this?

Hearne . I was sitting in Tottenham court-road, in the fields near to a timber-yard , and Bradbury came by. He pretended he did not know me . There was a woman that stood there; I said, that gentleman does not know me he pretends. Then when I was gone he came back, and ask'd where that boy was, and told the person that there were three warrants against him to take him up, as he told me. I met Bradbury about a week after that, as I was sitting in Leicester-fields, and two gentleman came by.

Q. What were their names?

Hearne. Hopkins and Millwood. They ask'd me whether Bradbury was guilty. I said he was, then we went to Mrs. Pickering's house. There we met Mr. Bradbury.

Q. How came they and you to go there?

Hearne. Because they said they would have me face to face to him. Then Mrs. Pickering ask'd me what I had against Mr. Bradbury . I ask'd her if she could remember I lay in her house the night that the fire was in Covent-garden. She said I was so wicked, I dreamt of my wickedness, and said she watch'd Mr. Bradbury to bed, and came up to me in the room, and saw me asleep. Then they all called me a vile dog, and impudent fellow.

Q. Who called you so?

Hearne. Mr. and Mrs. Pickering did. Then they ask'd Mr. Bradbury whether he would go to Mr. Brown's where the fact was spoke of. He said he would not go near them , for they were devils, but chose rather that it should be spoke of at the hall.

Q. Was any thing said there of the recantation?

Hearne. I acknowledg'd at that time the recantation I had sign'd before was my hand writing, though I persisted to charge Bradbury with the crime. Then I went to Newtoner's-lane , where I had liv'd, after that I went to Mr. Fielding's, and made a charge against Bradbury, and got a warrant, and afterwards I attended the grand jury at Hicks's-hall, and gave evidence, and the indictment was found. I lodg'd at Mr. Brown's, six weeks after that; then Mr. Bradbury sent one Brown a constable.

Q. How came you to lodge at Mr. Brown's?

Hearne. They came and fetch'd me from Newtoner's-lane , and wanted to be satisfied with my account.

Q. Where did you lodge when the indictment was found?

Hearne. That was found when I lodged at Mr. Brown's.

Q. How came you to leave Mr. Brown's?

Hearne. Mr. Bradbury had taken out a warrant against me, and he set a constable, whose name is Brown, to take me up.

Q. How long was that after the indictment was found?

Hearne. That was about a week after. The constable took me before justice Wright. They came under pretence they had got a coat to give me, which they had bought at Hicks's-hall coffee-house . Mr. Bond, that pretended to be my friend, said he would give it me, and when I came down stairs to them, the constable laid hold of me, and carried me away. Mr. Wright ask'd me then whether Mr. Bradbury was guilty? I said yes. Then he said if I did not take care, Mr. Bradbury would transport me if I charged him with this thing; he said, consider upon it, he has good friends, and I a poor boy, not to run myself into any danger . Then he ask'd me whether it was not spite. After a little time I told them it was, and signed my hand to a recantation, that was made before.

Q. How came you to do that?

Hearne . Because he said, Bradbury was such a great man, that he could transport me.

Q. Did you write the paper?

Hearne . No; I did not, but I sign'd it.

Q. Was it read over to you?

Hearne. Mr. Wright read it over to me; it was what Mrs. Pickering had wrote before, and I only sign'd it again. Mr. Bradbury ask'd me after this, if I was willing to go into the country, till the affair came on; then he and I were friends again. Then he sent me down to Dunstable; I staid there a month, then I was remov'd 10 miles off to Law-hall , and there staid a fortnight.

Q. Have you seen Mr. Bradbury, or any of his friends, since you was in that country?

Hearne. I have seen Mr. Fulloflove , a ribband-weaver , he came to act in Mr. Bradbury's stead, to see how I went on, and take care of me.

Cross examination.

Q. What was your first Conversation about?

Hearne. He ask'd me, as I was bred a papist, how I came to hear him.

Q. Then the conversation sometimes was about religion, was it not?

Hearne. He did then, and at other times talk about religion.

Q. Did he endeavour to convert you about religion?

Hearne. No; he only ask'd me how I liv'd, and what life I liv'd while I was a papist.

Q. Did he never talk with you alone about religion?

Hearne. No never.

Q. The first account you gave was when Mr. Merideth was buried; you say you was leaning upon the chimney-piece, that he drag'd you on his knee; did he make use of force?

Hearne. No.

Q. You say he put his hand through a hole into your breeches; did you make any resistance?

Hearne. No, sir.

Q. When he came to put his hand on your private parts; did you make any resistance then?

Hearne . No.

Q. What did you say to him?

Hearne . I said nothing at all to him.

Q. Then you say, he desired you to take hold of his y - d, did you do that?

Hearne . I did.

Q. Did you do every thing he bid you do?

Hearne . I did.

Q. Did you acquaint any person of this?

Hearne . No; not then.

Q. How long was it before you acquainted any person with this transaction ?

Hearne. It was a month before I did?

Q. Did not you know these things were wrong?

Hearne. As it came from a minister, I did not.

Q. How old are you?

Hearne. I am just turn'd of 15 years.

Q. When was you 15 years of age?

Hearne. I was 15, the 24th of August, old stile .

Q. If any body else had offered those things, should you have thought it a sin?

Hearne. No sir , I should not.

Court. You say you was bred up in France, part of your time.

Hearne. I was.

Q. How came you there?

Hearne . My father sent me there to be educated in the papist religion , in a college.

Q. Is your father a papist?

Hearne. He is.

Q. Was not you instructed in the principles of religion?

Hearne. Not much.

Q. You heard prayers read, did you not?

Hearne. Yes.

Q. Was you never at confessions, and at mass?

Hearne. I was.

Q. Then did you not know that sodomy was a crime?

Hearne. No sir, I did not know that.

Q. You have been giving an account of what Mr. Bradbury did to you; how came you to tell Mrs. Whita ker when you did not think it a crime?

Hearne. I had heard Mr. Bradbury preach against Sodom and Gomorrha; then it was I looked upon it to be a sin. After which, I told her this affair.

Q. What did Mr. Bradbury say to it?

Hearne. He denied it.

Q. How came you, who had been making this charge and complaint against him, to go home with him afterwards?

Hearne. Because he charg'd me with stealing two candlesticks.

Q. Did not he as he went along, deny he had been guilty of this crime ?

Hearne. Yes; and going along, I did agree to recant.

Q. How came you to do that?

Hearne. Because he threatened to hang me; saying two oaths would go beyond mine.

Q. Had you acquainted any body else with this , before that?

Hearne. I acquainted Mrs. Whitaker with it first; I acquainted her from the same reasons I did Mrs . Brown.

Q. How came you to permit him to use any freedoms with you afterwards?

Hearne. He did it when I was in bed ; and I told him I could not bear it.

Q. How came you to go to bed with him, to commit such crimes?

Hearne. Because I was afraid of him, and I had no other friend but him in the world to stand by me.

Q. When was this committed on you?

Hearne. The first was in the Minories.

Council. I suppose you can give an account of all that passed between him and you, at that time.

Hearne . Yes.

Q. Did any conversation pass?

Hearne . Yes.

Q. What were the words?

Hearne. He ask'd me whether I could bear it.

Q. And did you bear it?

Hearne. I did.

Q. Was that all?

Hearne. He ask'd me, whether I had ever done any such thing to any body else?

Q. Had you any conversation with him about his having done it?

Hearne. No; never. He told me not to speak about it to any body else.

Q. And did not you know it to be a crime ?

Hearne. No; I did not.

Q. Have you never heard any of the papist priests talk of sodomy?

Hearne. No; never.

Q. Nor never read in any books about it?

Hearne. No.

Q. Pray how long have you liv'd in England?

Hearne. About a year.

Q. Were your fellow apprentice and you intimate ?

Hearne. Yes.

Q. Did you never talk about mollies ?

Hearne. Yes.

Q. Did you never hear of such a crime as sodomy?

Hearne. No; not then.

Q. Did you go before Mr. Fielding?

Hearne. Yes.

Q. What did you do there ?

Hearne. There I gave in a declaration or information in writing.

Q. Can you remember the contents of that information?

Hearne . It was what I have been saying now.

Q. When was this that you went to him?

Hearne . It was soon after I had been at the hall; I believe it was in June, about the latter end .

Q. Did you sware to the truth of that information?

Hearne . Yes. Mr. Hughes and Mr. Stone were along with me. Mr. Hughes had one of the informations, and Mr. Fielding another .

Q. What was the contents of that information? Did you give an account in that information, that he had enter your body?

Hearne. Yes.

Q. Is Mr. Hughes here?

Hearne. He is.

Q. Did you give an account at Mr. Fielding's, that Mr. Bradbury told you , to dig a hole in the earth?

Hearne . Mr. Bradbury bid Biley Cook and I go behind the chapel , and dig a hole in the ground and put our y - ds in there .

Q. Look at this paper , see the name James Hearne ; is that your hand writing?

Hearne . I sign'd this at Glover's-hall, I fancy.

Q. Here is another paper, look at that; did you sign that?

Hearne. This I sign'd in Mr. Kipling's cellar.

Q. Were these people , whose names are to them last, by, and witnesses at the time?

Hearne. They were.

Q. Did not you sign one of these over again ?

Hearne. Yes ; I did.

Q. Who drew that up?

Hearne . The justice took it down on a bit of paper, and I put my name under.

Q. Look at this letter, do you know who wrote it?

Hearne . The whole writing is all mine .

Q. Look at this other letter, who wrote this?

Hearne . That is my writing.

Margaret Whitaker . I live in the Minories , I have known Bradbury three quarters of a year.

Q. What is he?

M. Whitaker . He is a methodist preacher, he had frequently come to our house.

Q. Do you know James Hearne ?

M. Whitaker . I do.

Q. How came he first to your house?

M. Whitaker . He came first by Mr. Bradbury's desire; I can't tell the day of the month, but it was on a Sunday. About half a year ago, my husband brought him home to dinner, Mr Bradbury did not know what to do with him, his father and master having turn'd him out. Upon his recommendation, I received him into my house; he three weeks exactly, from that time at my house .

Q. During that time, how often was Mr. Bradbury at your house?

M. Whitaker . about four or five times.

Q. Do you remember any particular conversation between them?

M. Whitaker . No; I do not.

Q. Did Mr. Bradbury lie at your house in that time?

M. Whitaker . He did four or five times; the reason why he did it was ; that he was nearer his preaching place, than his own home, and he wanted to spend an evening with my husband. I told him I had a bed, but it was a very small one; where Hearne lay , was up two pair of stairs, he said any place, he did not mind any thing. So I mov'd out of my own bed, and we lay in the little bed, and let him and Hearne lie in our own bed.

Q. Did he lie there four or five times with Hearne ?

M. Whitaker . He did in our bed, and my husband and I above in the other at the time.

Q. Has he ever wanted to lie at your house, before the boy came to your house?

M. Whitaker . No; he never has. I never spoke to him before his coming there .

Q. Did he ever want to lie there after the boy was gone?

M. Whitaker. No, he would not, although I ask'd him several times ; then he would say it was a great way to go, I used to say it was no farther than usual.

Q. Had there been any clamour about this affair then ?

M. Whitaker . No; there had not.

Q. Do you know any thing more, relating to this affair?

M. Whitaker . Nothing farther, only when the boy came after he had been at a place where he was sent to, about three weeks or a month after , he went from our house; then the boy told me, Mr. Bradbury had him about a week out of place; but he was to tell me it was but two or three days, and he wanted to come to lie at our house again. I told him he could not, for I had a young woman that lay there then .

Q. Was any thing said then, that affected Mr. Bradbury?

M. Whitaker. No, nothing was that day ; for Bradbury and the boy came together that time , which was on a Monday . But on the Saturday following, the boy came by himself; then there came in a neighbour with a child in her arms. The boy took the child, and fell a kissing it; I ask'd him what he made such a noise with the child for (he said my dear Billey boy). I said, why do you call him so? he said, don't you know? you don't know what has passed in this house between Biliey Cook and Mr. Bradbury. I said, what ? he said, there has been vile actions committed; he said, on Friday night, Bradbury preach'd such a sermon against sodomy, and lifted up his eyes ; and about half an hour before, he had been acting such a vile action as sodomy; but it was against his will , and Mr. Bradbury, had used him very ill in several things; and that it was in my house. Then I said, Jemmy, if these are lies, it is a sad thing of you, you ought to be severely punish'd for it, if they are lies. He answer'd he'd face it before God and man. I told my husband of it that very night; Mr. Bradbury and they met the next day; but I really don't know the day of the month, not what month.

Q. Did the boy enter into particulars?

M. Whitaker . No; he did not . I bid him hold his tongue, and say no more to me.

John Whitaker . I am labourer in ordinary to his majesty, in the Tower; I live in Woollage-court , in the Great-minories . I have known the prisoner about twelve months.

Q. Have you heard Hearne's evidence?

Whitaker . No; I have not. The first time I saw Hearne and the prisoner together, was in January last, at Glover's-hall, where he preach'd, they seem'd to know each other. I had been there three times, before I had any extraordinary knowledge of him. I went on the second of February to Glover's-hall. A little before the preaching there, I enter'd into discourse with Mr. Bradbury; I heard the boy was turn'd from his master for following him; Mr. Bradbury said he wanted a lodging for him, and where to get one he would not tell; I said, I have got a little bed, and if you let him come for two or three nights, till you can try to get him in with his master again, you may, and he may go home and dine with me, then he will know where to come; and if he does not choose to come, it is very well. I was a follower of Mr. Bradbury at that time , and thought well of him. The boy lay at our house three weeks in the whole; and Mr. Bradbury said he did not choose the boy should be there without paying something; and said, Mrs. Murrey will give two shillings per week and he would give one's and accordingly he gave me twice three shillings. On the first Tuesday after the second of February, Bradbury came to my house; this was the first time he had been there.

Q. Had you over ask'd him to come to your house before?

Whitaker . I can't say whether I had or not.

Q. How far is it from your house to his lodgings?

Whitaker . I believe it is three miles . When Bradbury came in he said, I am come to lie with James. We spent the Evening together. I said I was afraid the bed would not be sufficient for them; and there were no curtains to it; and it was for one single person. He said, if it will suit you, it will me; I said, you shall be very welcome. I got two little boxes, and made the bed out wider, and my wife and I lay there, and he and the boy in our bed. We went to bed I believe between eleven and twelve, and rose about nine. I heard no conversation after we were in bed; and in the whole he came four or five times, and lay with the boy there while he was at my house.

Q. Did you ever invite him to come and lie at your house since the boy went away?

Whitaker . I have; but he would say, he was low spirited, and not quite well.

Q. How often have you invited him to lie at your house?

Whitaker. I believe my wife and I have a dozen times. Sometimes he would say, the ladies where he lodg'd had differ'd; and sometimes he was going to have new cloaths; he had always some excuse not to come. Our house is nearer to the hall than where he lodges, by a mile. After this, I think it was on the 17th of April, my wife told me James had been at our house. This was after he had left his place, and about four or five weeks after he was gone from my house . She said, he told her the prisoner had been guilty of such practices as I was very sorry to hear ; and I believe it was the same day I saw the boy, and I ask'd him whether it was truth or not? that is, I ask'd him, whether Bradbury had been guilty of sodomy with him? the boy told me, yes, he had at my house; then I thought proper to take the boy to Mr. Brown's house, because Mr. Brown's daughter was present with my wife when he told her . When we came to Mr. Brown's , we enter'd into conversation; the boy told us, the first night that Bradbury offered any thing to him was at Glover's-hall, the night that Mr. Merideth, belonging to the Tabernacle, was buried . He said after Bradbury had done preaching, there was no body left behind but Bradbury, Mrs. Hall , and he; and that Bradbury said to her she might go; as there was a spring lock she might take the key with her, and pull the door too after her, She went away; and when the door was shut, the boy was leaning against the chimney-piece; Bradbury said, James, you don't look well, and took him on his lap, and kiss'd him; and his breeches were torn, and Bradbury put his hand in there , and pull'd out his private parts; and he went and snuffed the candle, and desir'd him to do wicked things with him.

Q. What wicked things?

Whitaker. He said Bradbury lost his s - d. The boy also said, Bradbury did some indecencies at my house; and that William Cook and Bradbury did so at the chapel.

Q. Did he tell you he had been guilty of sodomy with him?

Whitaker . No; he did not tell me then that he had actually committed the crime of sodomy; he only said, at my house he did bad practices every night he lay with him. He said the night the fire was in Covent-garden, Mr. Bradbury desir'd him to come down from his bed, after the family was all quiet; which he did; and in the morning he desir'd him to go up, that it might not be known by the family he had said with him.

Q. When did he tell you was the last time he lay with him?

Whitaker. He said the last time was in the chapel, about a week before the time he told it me. He also said, the first time of telling me, Bradbury used bad practices all these times, before Mr. Brown and his wife. Then we consider'd it, and thought we would have Bradbury before the boy's face on the next Thursday, but Bradbury did not come; then we intended to leave him as a preacher. But he did not tell me the particulars till his return from France; then he told me he had committed sodomy with him all these times ; and stood to all he had told me before, and repeated them, with all the same circumstances, and rather more fuller.

Q. Did the boy describe in what manner he had used him?

Whitaker . He did describe the offences so as I understood he had actually penetrated him.

Q. Did the boy appear at that time, to you, to be clear, consistent, and uniform?

Whitaker . He did, to my understanding, very exact.

Cross examination.

Q. Did you understand he knew the nature of the crime?

Whitaker. He made me understand what he meant?

Q. How long was the boy in company with you, when h e first told you of the bad practices committed by the prisoner?

Whitaker. The first time, I believe, was not above an hour; then he only mentioned bad practice and indecent behaviour.

Henry Brown . I live in St. John's-street. The prisoner is a preacher; I went to hear him; Mr. Whitaker came to my house, I believe, on the 14th of April, and brought with him James Hearne. Mrs. Whitaker had before acquainted my wife with what the boy had told her. I ask'd Hearne if he knew what it was he accused Mr. Bradbury with, and if he knew the consequence of accusing a minister of the gospel wrongfully? and told him if so, his blood would be at his hand. Then Hearne said, what he had said was true . I ask'd him what Mr. Bradbury did to him? he said, the night Mr. Merideth was buried, he was with him in Glover's-hall after all were gone out but Mr. Bradbury and Mrs. Hall; Mr. Bradbury desir'd her to go, and said there was a spring-lock, and he would take care of the door; she went out, and Bradbury and he went into the inward hall, and while he stood leaning his head against the chimney-piece , Mr. Bradbury sat in a chair; he took him by the coat, and pull'd him on his knee, and kiss'd him, and put his hand in a hole in his breeches, and pull'd out his private parts; and after that Bradbury put out the candle, or snuffed the candle , I know not which, and unbuttoned his own breeches, and did indecent things at Mr. Whitaker's house, but did not explain himself quite fully. After that he said, the night the fire was in Covent-garden , he lay at Mrs. Shore's; that Mr. Bradbury fetch'd the candle down from his chamber, and told the boy as soon as the family were all still, to come down to him; which accordingly he did; and when he went into the room, Mr. Bradbury was reading in a large book, and he bid him get into bed; that he shut up the book, and put the candle in the chimney, and then got into bed to him, and committed bad things; but did not say what. He said also at the chapel; William Cook and the prisoner often talk'd about very bad things; and they used to be there several times after the people were gone; and they used to talk bawdy , and a great deal of impudence. The boy came to my house on the Tuesday, and the prisoner came in, and ask'd if James was at my house last night till ten o'clock? I said he was, and Mr. Whitaker with him; he flew in a passion, and said, I said before, I'd have nothing more to do with it.

Q. Did Bradbury know then what the boy had charg'd him with?

Brown. I believe he did not. Bradbury ask'd me, if I had any thing to say against him? he thought I was speaking against him ; I said, the person that accused him sat at his elbow; he began to rail against the boy, and call'd him a lying villain, and a great many names. Upon which I said to Hearne , what was that you charged Mr. Bradbury with? he said, sir, don't you remember the time Mr. Merideth was buried, in the hall , when every body was gone but you and I and Mrs. Hall, you sat in a chair in the inward hall, and I stood leaning against the chimney, you took me by the coat, and pull'd me on your knee, and kiss'd me, and I had a hole in my breeches, thro' which you put your hand to my private parts, and after that you snuffed the candle (I think were the words. ) Bradbury fell in a great passion, and said, you sodomite dog, you he-bitch, I'll hang you; he frequently repeated those words. The boy said, what he had said was true; and began, and related the same I have told here.

Q. Did he then describe the actual fact?

Brown . He did not; the boy's modesty withheld him. Bradbury said, explain yourself; the boy said, it was not modest there. My wife was by. Mr. Bradbury denied it with great passion and rage ; the boy said, it was truth before God. I believe they were there together an hour and half, or near two hours, after the boy's accusing him. Bradbury said, he would hang the boy, for he had rob'd him; this was after he had accused Bradbury with these practices at several places. The boy ask'd, what he had rob'd him of? Bradbury said, he would not expose him; the boy said, you cannot do worse to me than you have done. Bradbury did not for some minutes explain what he had rob'd him of, till the boy ask'd him again, what he had rob'd him of? then he said, you have rob'd me of two candlesticks in the chapel; the boy said, he saw them in the chapel on the Sunday, but had not seen them since. The boy also had told him to his face, that William Cook and he, at the chapel, used to be talking great indecencies; and he mentioned several things, as a chair, a table , and hole in the earth. Bradbury said, these things were lies, and kept repeating the words, a sodomite dog, and he-bitch; he told the boy, he was a common sodomite; he said, he would take the boy up; the boy said, he would go any where with him, to any justice of the peace; and said he was innocent of taking the candlesticks. Bradbury seemed to be vastly concerned, to think he should lose me as one of his people; and said, what shall I do to convince you that it is false? he ask'd for a bible, and said, he would swear to his innocence; I said, no, not in my house; then he said, he would take the sacrament of it; and ask'd me, if I would believe him? I said, no; then he said, if it is true, I wish I may go down into the lowest pit of hell ; and that God would shut heaven's gates against him; and that he might not see the face of God. They went from my house that night; and I told the boy to go with him, to look for the candlesticks. I expected, after that, he would have brought the boy on the Thursday, as I told him I had appointed Mr. Whitaker to come then ; but instead of coming, Bradbury sent me an upbraiding post-letter; then I let it alone, and said nothing of it for some time. Afterwards he sent me another letter, which I took to be very ill usage. I sent for him to come, but he never came near my house. After which I went with Mr. Whitaker to Mr. Stevenson, at the hall, Beech-lane, to know the reason of his using me so. I took the boy's father, to inquire after the son; the father ask'd Bradbury, what he had done with his son? he said, he wish'd the son and he had been both hang'd; and that he had never known them. I staid some time after he came out of his pulpit, and he abused me. The next time I saw the boy, was after he came from France. I found him in Newtoner's lane , and took him to my house; he there work'd by his father's consent; he was there about six weeks, and when I was out he was taken away by force, as I was told; and I never saw him since till this day.

Q. to Whitaker. Do you know where the boy has been since the time Mr. Brown speaks of?

Whitaker. I never saw him from that time till this day; nor never knew where he was. I went up to Hampstead and Highgate, to inquire for him, but could not hear of him.

Q. to Hearne. Look at these two papers; they are both one letter; do you know whose handwriting they are?

Hearne . They are my writing.

John Colegate . I am a gun-maker; I have seen Hearne, but don't know whether I should know him or not; he wore his own hair then. I went on board Mr. Kilby's ship with him, on the 29th of April last, and agreed for his passage for Dunkirk , by Mrs. Pickering's orders; and she gave me a guinea to pay for it; I paid the guinea on board, and left him there .

Cross examination.

Q. Did the boy say he had any friend there?

Colegate. I think he told me he had friends in France.

Francis Higden . I live at Mr. Brown's house ; Mr. Bond came three times to our house; he came alone on the Monday; and on the Tuesday he came again, and gave me a shilling for the boy; and on Wednesday he came, pretending to be the boy's friend, and talk'd of giving him a coat; he ask'd, if Mr. or Mrs. Brown were at home? I ask'd him to walk in; he brought another man with him, whom I did not know; they came and sat down in the parlour; they had a coat; they untied it, and talk'd a good while ; the boy was not come down stairs; I call'd him down; when he came into the room they both got up, and the least of the two took hold of the boy's arm, swore an oath, and bid him resist if he dare; Bond open'd the street-door, and took him out; and I saw some more people run, and lay hold of the boy, and carry him away against his will; I saw the boy was unwilling to go.

Richard Hearne . I am father to the prosecutor; I have never seen him from the time he was taken away from Mrs. Brown till yesterday; I inquired after him, but never knew where he was.

Cross examination.

Q. Where did you inquire?

Hearne . I was at Mrs. Pickering's house, in Litchfield-street , to inquire, as I had not heard of him, or seen him some time; and Mrs. Pickering told me, she heard he was gone to Russia.

Hearne . Was any body in company with you, when you went?

Hearne . No; but the second time Mr. Carmichel went with me, then she own'd she had paid a guinea for his passage, and he was gone to France .

Q. Did you say then , you had rather given a hundred pounds , not to have been exposed ?

Hearne. No; I did not.

Prisoner's defence.

My lord I shall leave it to my counsel.

Court. If you have any thing to say , now is your time.

Prisoner. I took notice of that boy out of an act of charity; he came to hear me at Glover's-hall, and seem'd to appear very devout; and I ask'd his fellow apprentice, who he was; he said, he was his fellow apprentice. I took notice of him, because he said his father threaten'd to hang him because he was turn'd protestant; and his master had turn'd him out, and he must perish if I did not make provision for him. So I spoke to Mr. Whitaker. It will take up two or three hours to repeat all the acts of kindness I did for him, and the ill usage I have had in return from him. He threaten'd he would be reveng'd on me in the kitchen, for my telling the ladies where I live, of an abominable act he had committed with a man; and accordingly went to Whitaker's with what he had rais'd. There are a number of witnesses to prove, that Whitaker first bid him threaten me, and tell me if I would not maintain him they would hang me; this he said times without number. Here are many witnesses to prove, he never charg'd me with the act of sodomy, but indecent actions. I ask'd him in the presence of Mr. and Mrs. Brown, whether he could ever say, I committed the act of sodomy upon his body. No, said he; when I put it close to him. I ask'd him, if I had ever attempted to commit sodomy with him; he said no. I ask'd him, what I had done; he muttered some indecent things; I declar'd as in the presence of God, I was innocent of the charge. The boy, as soon as we got out of the house, fell a crying and wringing his hands, and begg'd for God's sake, that I would forgive him; and said what method may I take to clear your character, pray tell me what I can do? I said I know no method you can take to do it, but if you come to-morrow to the chapel , I'll consult with some of my friends; and accordingly he came, and in the presence of some witnesses, fell on his knees, and begg'd for God's sake, I would forgive him, lifting up his hands and eyes ; and said, he was instigated by the Brown's and Whitakers to do it; and that I was innocent of the charge .

Elisabeth Pickering . I have known Charles Bradbury about four years; he is a preacher. On the 16th of April last, at the chapel in Chandler's-street, after preaching there were Mr. Kepling, Mr. Cook and my self present, when Hearne made a recantation. Mr. Bradbury ask'd the boy, how he could be so villainous, as to accuse him with some indecencies; the boy fell on his knees, and crept along, and said, he was instigated to do what he had done , by Mr. Brown of St. John's street, and Mr. Whitaker in the Minories. That they bid him first threaten Mr. Bradbury, and if he would not take care and provide for him, that he must swear the fact against him; for that his oath would be taken before Mr. Bradbury's, and that they would hang Mr. Bradbury, and provide for him themselves; to the best of my knowledge, these were the words.

Q. Had there been any threats or menaces at this time, to induce this boy to make any acknowledgment or recantation ?

E. Pickering . No; not to my knowledge. He said, he did not do it upon compulsion ; but it was a voluntary act of his own. I look'd upon it as such, and do still.

Court. Look upon this paper. (She takes a paper in her hand.).

E. Pickering. This is his second recantation, his first was lost, these are not the identical words of the first; in that which is lost, he clear'd Mr. Bradbury of what he had charg'd him with; and said, it was false and falacious ; that Mr. Bradbury was innocent, and he had grosly charg'd him. I was a witness to this second; it was made at the house of Mr. Kipling by the boy's desire. I was sent for to hear what he had to say, from a clergyman's house, where I was visiting; there were Mr. Kipling, his wife, Mr. Lawrence , and a servant of ours, the boy was sitting . There he declar'd, Mr. Bradbury was really innocent of what he had charg'd him with; and that he was set on by Brown and Whitaker to do what he had done; he was then not under any compulsion, force, or threats . We ask'd him if it was his voluntary act; he said, yes. It is dated the 18th of April. I don't know whose hand writing the body of it is; I am a witness to the signing it. It was read to him, and he had it in his hand before he sign'd it; and he said it was all right, and all true; I have been in company with the boy and Mr. Bradbury divers times; and I never heard him charge him with any ill whatsoever.

Q. Do you remember a third recantation ?

E. Pickering. I do.

Q. Do you know of any proposals made to Mr. Bradbury ?

E. Pickering. I do; it was on the 14th of June last; the boy's father and one Mr. Carmichel came , and they told me it would be best to give a sum of money , to send him out of the land , for that Mr. Brown had him lock'd up. Mr. Bradbury had lodg'd at my mother's almost three years.

Q. to Hearne, sen . Was there any proposal made concerning your son to you, at the time you was at Mrs. Pickering's?

Hearne. There was none while I was present; I left Mr. Carmichel in the house.

E. Pickering . Mr. Carmichel said, he thought it would be more prudent to give the boy some money to cloath him, and send him abroad; that he might not appear against Mr. Bradbury. I told him I would do no such thing, for that would make Mr. Bradbury look guilty in the eyes of those that knew his innocency. And the old man said, if that could be comply'd with, he would take his child out of bad hands; but said, he did not demand it. I said no, you do not; then Mr. Carmichel said to him, he would step out, which he did; then Mr. Carmichel said to me, it was better to give a hundred pounds, than to have Mr. Bradbury expos'd.

Q. Are you one of the persons that follow Mr. Bradbury?

E. Pickering. No; I do not belong to him. On the 12th of June, the boy came with two gentlemen, Mr. Hopkins, and Mr. Milward; and declar'd the same words as he did before, as near as possible; and said, he was set on by Brown and Whitaker , to swear this against Mr. Bradbury. I heard Mr. Bradbury say to the boy, James, did I ever commit sodomy with you? the boy said, whoever said so? Mr. Bradbury then said, did I ever attempt it? the boy said no, I never thought so; then the boy hung down his head, and said , he wish'd he had never been born, and was sorry he had charg'd a person that had been his best friend.

Q. Was the boy confin'd in your house?

E. Pickering. No; he never was confin'd under our roof; nor at all to my knowledge.

Q. Where were the recantations sign'd?

E. Pickering. The first was at the chapel, another in Mr. Kipling's kitchen.

Q. Have you been intimately acquainted with Mr. Bradbury?

E. Pickering. I have been pretty intimate, and I never heard him speak an ill word, or saw an indecent action by him in my life. He is as modest, sober behav'd a man as can be; I don't believe him to be capable of the crime charg'd upon him.

Cross examination .

Q. Do you know what it was, that induced the boy to make the first recantation on the 16th of February?

E. Pickering. He declar'd it was a voluntary act of his own.

Q. Do you know what led him to that?

E. Pickering. No.

Council. Then I'll ask you by steps. Do you know any thing of his being charg'd with stealing candlesticks?

E. Pickering. I have heard it since this affair happen'd; but never before Mr. Bradbury was in custody.

Q. Did you never hear of it before the 16th of April.

E. Pickering. To the best of my knowledge I never-did.

Q. How came the boy there?

E. Pickering. He was there when I came, there was Mr. Cook and Mr. Kepling with him.

Q. Who drew up the first recantation ?

E. Pickering. By the desire of the boy, I made it every sentence from his mouth, and wrote it down; and said, James, is that what you would have said?

Q. Did the boy appear to be terrified ?

E. Pickering. No; he did not. Only appear'd to be sorry for what he had done.

Q. How came you to ask him whether it was what he would have said ?

E. Pickering. Because I thought it was very proper , though I believed it was voluntary.

Council. Then it was not to satisfy yourself.

E. Pickering. It was partly to satisfy myself, and partly them.

Q. Do you call that a kitchen, under ground?

E. Pickering. It is a place under ground, but where people eat and drink, and we call it the kitchen .

Q. Is there a jack in it?

E. Pickering. I did not examine the furniture.

Q. Does it appear as much like a cellar , as a kitchen?

E. Pickering. I think most like a kitchen.

Q. What is your opinion of the boy?

E. Pickering. I believe he is a very bad boy.

Q. Do you believe it is any difficult thing to make a bad boy recant ?

E. Pickering. I believe not.

Q. How came he to go abroad?

E. Pickering. He had been lamenting to some of Mr. Bradbury's friends, and said he wanted to go away; for his father had deserted him, and he had no way to get his living, and Mr. Bradbury said, he would do nothing for him.

Q. Whose guinea was it that paid for his passage ?

E. Pickering. I beg'd it for him.

Q. Of whom ?

E. Pickering . Of my mother.

Q. Did you never hear the boy charge Bradbury with the commission of the fact?

E. Pickering. He always denied charging him with that, till his return from France.

Q. How came you to be so charitable after you found him to be such a bad boy , to beg a guinea for such a wretch?

E. Pickering. It was a very great fault in me to do it.

Q. Upon your oath, whether your sending him abroad, was not in order in prevent Mr. Bradbury from being prosecuted for this fact?

E. Pickering . Upon my oath, I had no motive to serve Mr. Bradbury at all. The boy told me he had a friend in Paris, that had brought him up from nine or eleven years of age; and that his father had deserted him upon the account of turning protestant, and that he had been guilty of bad things; so I sent him to France.

Mr. Kipling. Hearne had said scandalous accusations against Mr. Bradbury; but what it was I did not know. There was a paper wrote , and the boy read it; and said, he was very sorry for what he had said against Mr. Bradbury, and he went on his knees , and ask'd him and God pardon. Mr. Bradbury said, God forgive you , for I do; for you are a wicked boy.

Q. When was this?

Kipling. This was on the Wednesday, the day before the paper was lost; about the middle of April last.

Q. Was he threatened?

Kipling. No; not in the least.

Q. Was he put in fear?

Kipling. I did not see he was in any fear at all .

Q. What induced the boy to sign it?

Kipling. I believe he might he afraid Mr. Bradbury might hurt him, for scandalizing him; the boy express'd great sorrow, and cry'd very much. On the 18th of April, I saw him again in my kitchen.

Council. Look at the paper (he takes it in his hand.)

Kipling. My name here is my own hand writing , I saw the boy sign this paper.

Q. Was there any compulsion or force on him, did you observe?

Kipling. There was none at all, I am certain of it; he appear'd very brisk, it was sign'd by him, after it had been read over, and after he had read it himself .

Council. There is the name Mary Kipling , a witness ; who wrote that?

Kipling. My Wife did.

Q. What state was she in, when she sign'd it; was she sober?

Kipling. I can't say she was right sober.

Q. Whose hands was the first recantation left in ?

Kipling. It was left in Mrs. Pickering's hands, that was thought to be lost; the first and second were a near alike for words as could be.

Q. Who drew up the second ?

Kipling . I do not know.

Cross examination.

Q. What is your employment?

Kipling. I belong to the Penny-post-office, and I open the pews in the chapel, in Chandler's-street, but I have no allowance for that.

Q. Did James Hearne lodge at your house?

Kipling. He spent one night at our house, about the 4th or 5th of April .

Q. What time did he come?

Kipling. He might come while I was out .

Q. Did you ever lose any thing from the chapel?

Kipling. There were a pair of candlesticks missing ; but they were found again afterwards.

Q. Were they missing before, or after this charge against Bradbury?

Kipling. I can't say which ; but to the best of my remembrance, it was after.

Q. Did you hear any thing about prosecuting the boy for them?

Kipling. No; I did not.

Council for the prisoner.

What is Mr. Bradbury's behaviour ?

Kipling. I never heard but that he was a very honest man; wicked people give him a very bad character; but among good people, he has a good character; I don't think he would be guilty of this offence.

Q. How long have you known him?

Kipling. Upwards of two years.

William Cook . I belong to the General-post-office. I was by when Hearne signed his recantation on the 16th of April, in a room in Chandler's-street chapel , it was first read over to him, and he sign'd it voluntarily and freely.

Q. Did he understand it, do you think?

Cook. He did extremely well.

Q. Do you know any thing of a second recantation?

Cook. I do; he did that, because he heard the first was lost. I was not there before he sign'd that; but after I came, it was mention'd before him, that he had fell on his knees, and he did not contradict it.

Q. Do you know any thing of a third recantation?

Cook. I do, I was present before justice Wright when he sign'd it; the justice ask'd him if Mr. Bradbury was guilty, he said he was. Mr. Bradbury was not there then, but he soon came in, and the second recantation was shewn Hearne ; then he hung down his head, and said it was his. Then he was ask'd again, if Mr. Bradbury was guilty, and he said he was not; then he told the justice what he would have wrote down, and the justice wrote it, and he sign'd it voluntarily and freely; and said he was to be the king's evidence, and he would not hurt a hair of his head; and I have heard him once since declare , Mr. Bradbury was not guilty, and that Whitaker and Brown set him on.

Q. Where did he acknowledge this?

Cook. At the Old-bailey coffee-house; and he said, he would never go near them any more, for making him swear falsely against Mr. Bradbury .

Q. to Hearne. Is this truth?

Hearne. I don't remember I did say so.

Court. Recollect yourself whether you did or did not.

Hearne. Yes; I did say so.

Q. When?

Hearne. Yesterday.

Q. to Cook. How long have you known Mr. Bradbury ?

Cook. I have known him about five years; he has as good a character as any man in London; as fine a preacher as any in town; and as good a practitioner .

Council for the prisoner.

You mean he is a virtuous honest man.

Cook. I do.

Q. Repeat the words the boy said at the Old-bailey coffee-house.

Cook. The substance was this; that Brown and Whitaker set him on to swear against Mr. Bradbury; and he cry'd, and said, he had used him ill in doing it, and he would go to them no more.

Cross examination.

Q. Where was the boy yesterday all the day?

Cook. All the time I saw him was at the Old-bailey coffee-house.

Q. Was he in custody there yesterday?

Cook. No; not to my knowledge.

Q. Don't you know he was carried to the Compter last night?

Cook. I heard say he was gone somewhere; I did not know where.

Q. Whether some of Charles Bradbury 's friends had not the boy in custody yesterday, in order to prevent his relations and friends from coming to him?

Cook. I believe not.

Q. Don't you know they had him in custody ?

Cook. They had, by his own consent.

Q. Was he sober yesterday?

Cook. He was.

Q. What time did you hear him say this yesterday ?

Cook. In the afternoon, about two o'clock; I was not in company with him; but I was in the room, backwards and forwards .

Q. Where did he go at night?

Cook. I don't know; but he desired to go where he did go.

Q. How do you know that?

Cook. Because I was there when the coach drew up to the door, and his father call'd after him, as he got in, and said, my dear son Jemmy, my dear son.

Q. How many people went into the coach with him?

Cook. I do not know.

Q. Did you see him drink yesterday?

Cook. I did not see him drink a dram of any thing.

Q. Had you been drinking?

Cook. I believe I drank a gill of wine in the whole.

Q. Was there no liquor going forward in the room?

Cook. There was.

Q. Whether or no any people belonging to your company had him any time? or how did he come to this house?

Cook. I was not there when he came; I came about eleven o'clock, and he was there then, with, I believe, an hundred people.

Q. How came the lad to be ask'd a second time, before justice Wright, when he had said Bradbury was guilty?

Cook. Because he own'd the recantation was true. He hung down his head, when he said Bradbury was guilty; but look'd brisk about him when he said he was innocent.

Mary Burket . (She is shown a paper.) I set my hand to this in the kitchen at Mr. Kipling's; it was read over to Hearne before he sign'd it, and he approved of it.

Q. Did he appear to you to be under any compulsion or constraint?

M. Burket. He said it was done from his own inclination, and was what he desired; and I do believe he did it by his own desire.

Prisoner. Please to ask that young woman ; she can give an account of the conversation she had with Hearne, in the kitchen, the day before he went and join'd these people.

M. Burket to the question. The boy came home with many falacies, before any thing of this happened. He was in Mrs. Shore's kitchen; Mr. Bradbury ask'd him, how he could answer so as he did, (he had made him some impertinent answers;) he said, if he did so he would certainly turn him out of doors . When Mr. Bradbury was gone up-stairs, I said, how can you answer him so? he will certainly turn you out of doors: Hearne said, let him if he will; if he does, I know how to match him.

Charles Lew . I was in the Coffee-house when the boy made this confession; but he made a confession to me in the Poultry-compter. I was desired to go, and bear him company there. I asked him first, if he knew me ? he said, yes, he did, very well ; saying, I saw you received a member into Mr. Bradbury's church . Said I, what has induced you to come now at this time? said he, it is to clear Mr. Bradbury; I said; now James; I am disinterested in the affair; is he guilty, or is he not? the bible was by; he put his hand on the bible, and opened it, and said, he is as innocent as a child unborn. This was after he came from the Old-bailey, towards the evening, about five o'clock.

Cross examination.

Q. Who carried him to the Compter?

Lew . I do not know.

Q. Who desired you to bear him company?

Lew . A young man, named Ware; he lives somewhere by Moorfields, a follower of Mr. Bradbury; he desired me to go, and bear him company, and take care that no body should come to use him ill.

Q. to Hearne. Is this the truth? had you this conversation in the Poultry-compter ? what do you say to it?

Hearne. Yes, I had; he is innocent .

Court. You have sworn now he is guilty , how do you reconcile it? do you now say he is innocent?

Hearne. Yes.

Q. The only way you can have to recommend yourself in this life here , and the life hereafter, is to speak the truth; now you have upon your oath said two things; in the first place, you have said, upon your oath, and particularly given many circumstances, that this man is guilty of sodomy; and since that you have declared, upon your oath, he is innocent; I now ask you, and hope your will speak the truth among such an assembly as this; I am sure you will be highly commended to speak the truth; and you do not want understanding, and are sober; I ask you now, in the presence of all these people, whether or no you say he is guilty, or whether or no he is innocent?

Hearne. He is innocent.

Council for the crown .

Has any body spoke to you since you came into court?

Hearne. No . (He cry'd)

Q. What do you cry for?

Hearne . My conscience accuses me; and because I have spoke lies .

Acquitted .

349, 350. (L.) Mary Skelton , widow , and Susannah Knight , were indicted for forging and publishing, knowing it to be forg'd, a certain promissory note, for the payment of 20 l. under the hand of John Waters , said to be first clerk of the million-bank, dated May 10 , 1755, with intent to defraud Thomas Wheat , June 12.

++ Both Acquitted .

351. (M.) Richard Becklake, otherwise Bid-lake , was indicted for forging and publishing , knowing it to be forged , a counterfeit deed, with intent to defraud , Jan. 1, in the 27th year of his present majesty . ||

The deed was dated in the twenty-third year of Henry the sixth, supreme head of the church of England; which title was never assumed till the twenty-sixth or twenty-seventh of Henry the eighth; but the person in whose custody it was found by his executor and clerk, (with several other deeds, which the prisoner claim'd) being deceased, and for want of sufficient proof , for what end , and by whom deposited, the jury acquitted the prisoner.

352. (M.) John Segwick was indicted for stealing seventeen fowls, value 9 s. the property of Samuel Turner ; and one cock , value 1 s. the property of Richard Miles , July 19 . ++

Samuel Turner . I live at Edmonton ; I lost sixteen chickens and a hen; and a cock of Richard Miles 's, on the 19th of July. They were found upon the prisoner in a sack; the sixteen chickens he kill'd.

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

Turner. He partly confessed it.

Q. How partly confessed it?

Turner. When I said I would swear I lost the fowls last night; no, said he, don't swear that; for it was this morning . I ask'd him where he lived? he said, somewhere in Shoreditch. And when justice Tashmaker ask'd him, why he cut the cocks spurs off; he said, because they should not fight . That same night he had called at my house for a glass of gin; I was in bed; I said, I should not get up to help him to any; he then went to the pump; I told the justice he pump'd three or four times ; he said, no, don't say so, it was but three times.

Prisoner. I don't know what he lays to my charge .

James Hodges . On the 19th of July, the prisoner came to Enfield with some fowls in a sack , and offered the fowls to sale; some were dead, some pick'd, some not pick'd, and some alive. We imagined they were not honestly come by. I being a constable, they informed me of it; before I came, he was got out of the town; I took two or three men with me, and followed him; we found him, with the sack , in the fields, he had got a great bull-bitch with him; the prisoner was under a hedge, near a moat ; when he saw us he ran into the moat , and fell down over head and ears; I had a good deal of trouble to get him out; I carried him, and the fowls, to the justice's and Mr. Turner came, and own'd the fowls. The justice ask'd the prisoner, how he came by the fowls ? he said, he found them in a ditch; then he said, he found them in a barn, in the sack; then he said, his dog found them; then he said, he bought them for eight shillings; another time he said , he came by them by the way of cheapside; and he was in several stories. When we took him, he said, if there was not so many of us his dog and he would have cleared their way .

Prisoner . He and eight more men duck'd me in a pond.

Hodges. We did not duck him; he tumbled down in the water over head and ears, and would not come out for a good while.

Richard Miles . (Produced a cock alive.) This is my cock; it walked at Mr. Turner's.

Q. to Hodges. Was this cock alive in the prisoner's sack?

Hodges. It was.

Richard Miles . Mr. Turner sent me a letter, that he had lost my cock; but that they had got the thief. I went there, and carried my book with me. I keep a register of my cocks.

Q. Is he a game cock?

Miles. I don't know; I never fought him; his feathers were , many of them, pull'd out; and he was disguised so, that I was forced to apply to my register, and found him mark'd according to that. He was mark'd, In Right, Out Left, Right his Eye, Left Norrel . I keep cocks to oblige a friend with, captains of ships , and other gentle men .

Prisoner's defence .

I sell brick-dust in the winter-time ; I found this bag with thirteen dead fowls, and three live ones in it; I carry'd them to the brick-fields; I went and bought a pound of steaks from off a neck of mutton, which cost me two-pence. I shew'd the people what I had found; when I went to eat my steaks , they said, O, you rogue, there has been some hen-roost rob'd. I said, if there has I can't help that; and one of them, because I gave him none of my mutton steaks, took me up upon suspicion; I had no body with me but my bitch and my wife.

Guilty .

[Transportation. See summary.]

353. (L.) Mary Barnes , otherwise Hambleton , was indicted for stealing one chimney-glass , value 20 s. the property of William Brocket , Esq ; July 9 .

++ Acquitted .

354. (L.) John Myers , otherwise Mayhem , was indicted for stealing one gold ring, value 4 s. the property of Thomas Harding , April 20 . ++

Thomas Harding . I keep a goldsmith's shop in the Minories . About the month of March or April last, the prisoner came to my shop, and said he wanted a plain gold ring. My wife opened the drawer to him; he look'd among them, and said, he must have one made on purpose; he chose one small one out for a pattern, and said, it must come to seventeen or eighteen shillings; and that it must be done against tomorrow. I got it done. The first time he came in a gold-laced suit; the second, he came in a silver one; very grandly dress'd both times; he ask'd for the ring; I shew'd it him; he looked at it, and liked it very well: he desired my servant might mark it; he then desired to see the drawer again, and said he must bespeak five more, to make up half a dozen for his sister's children; he look'd over the drawer, and shew'd his hands, to shew he took none away. There were none to his mind; but I was to make five according to his direction, against the next day; he went away, but never paid for the first he had bespoke, nor ever came again. In the evening of the next day , he not coming I suspected him. I ask'd for my case the rings were in, and counted the rings, and miss'd two gold rings. I did not see the prisoner till the 15th of August last. My boy going to White-chapel, to my engraver's, saw the prisoner; he inform'd me he saw the Frenchman who bespoke the rings of me. I went and found him, as the boy had said; I challenged him with taking the rings; he said he was but lately come from France ; he took me by the collar, and I took him by his, and said he should go, and give an account of himself, and what was become of the rings; he at first utterly denied being in my shop; at last he beg'd for mercy, and said , he did not steal two; he stole but one. I carried him before my lord-mayor; he confess'd there he stole one, before his lordship.

Michael Panton , and Thomas Armsted the apprentice , confirmed the prosecutor's account of the prisoner's coming twice, and looking over the rings .

Prisoner's defence.

The time I was at the prosecutor's house, he said, if I would be so good as to confess what I had done, if it came to ten or twelve shillings, he would lay it down for the things, and I should not be afraid; but I did not rob any body; I never was at his house.

Guilty .

[No punishment. See summary.]

355. (M.) John Ashby was indicted for stealing three gold rings, value 30 s. one pair of gold ear-rings , value 10 s. one silver scoop, value 1 s. the goods of John Bailey ; two gold rings, value 40 s. and 28 s. and 8 d. in money, numbered , the goods and money of Mary Dogdal , widow , in the dwelling house of John Bailey , July 3 . ||

The prisoner lived at a publick house in Grub-street, opposite the house of John Bailey . He was missing part of two days; after which he was found in an upper room, under a bed, in the house of John Bailey , with the things mentioned in his pocket.

Guilty 39 s.

[Transportation. See summary.]

356. (L.) John Tandy was indicted for stealing one table spoon, value 10 s. the property of John Hornage , Sept. 1 .

The prosecutor is a chymist and druggist in Fleet-street. The prisoner is a dust-man , and had been carrying out the dust; the spoon being soon after miss'd, he was charged with taking it; upon which he owned the fact, and produced the spoon.

Guilty 10 d.

[Whipping. See summary.]

357. (M.) Mary Woodbegood , otherwise Robins , widow , was indicted for stealing one quilted petticoat , one linen apron , one pair of stockings, and one linen cap , the goods of Martha Anderson , Sept. 2 .

|| Guilty .

[Transportation. See summary.]

(M.) 358. Elisabeth Prichard , spinster , was indicted for stealing 15 yards of matting, value 5 s. the goods of John Heaven , July 12 .*

Guilty 10 d.

[Transportation. See summary.]

359. (L.) Elisabeth, wife of James Cotteril , was indicted for stealing one blanket, value 3 s. one sheet, value 3 s. the goods of Hannah Tugwell . July 26 .*

Guilty 10 d.

360. (L.) James Hust was indicted for stealing one wooden vessel, called a kilderkin, value 5 s. the property of Sir William Calvert, and company , Aug. 12 .

+ Guilty 10 .

[Transportation. See summary.]

361. (M.) Mary Lewis , spinster , was indicted for stealing one silver spoon, value 14 s. one silver cream pot, value 36 s. the goods of William Reddish , in the dwelling house of the said William, July 24 .

* Guilty 39 s.

[Transportation. See summary.]

362. (L.) James Clarke was indicted for stealing one silk handkerchief, value 12 d. privately from the person of Jos. Groves , his property, June 18 .

++ Guilty 10 d.

[Transportation. See summary.]

363, 364. (L.) Anne Philips , widow , and Margaret Macdaniel , were set together at the bar, and tried on two separate indictments , for wilful and corrupt perjury , in last July sessions , on the trial of Barnaby Horne , otherwise Horan .

First the copy of the record of the conviction of Barnaby Horan was read in court. Then Thomas Palmer, a sheriffs officer, deposed, he tendred the oath in court to the two prisoners, before they gave their evidence on that trial. Then Thomas Gurney, the short-hand writer , deposed; he saw them both sworn on the trial, and they gave in evidence the same as printed in the trial, to which the reader is referred . See No. 281, in last July sessions-paper. Then Alexander Plunket deposed the same as before, on the said trial, with this addition; that the goods Horan told him he had got to carry over to France, were 16 dozen of hard ware, 7 dozen of hats, and 6 dozen of great coats. Then Lockline Bourne was called and deposed the same as on the said trial.

Philips's defence.

Plunket certainly was in my room every day for a time; if he missed a day, I used to say to Mrs. Macdaniel, what is become of my thick legg'd cousin; God and my conscience thinks I did not tell one word of a lie .

Macdaniel's defence.

He absolutely was in company with one Mackey and me, I have no interest in swearing for Horan.

Gyles Farrel. I have known the gentlewoman in the brown gown longest (that was Philips) she was captain Talbot's wife; I live at the end of Tottenham-court road, in Maynard's-street .

Q. What is your business?

Farrel. I keep a couple of lodging houses.

Q. How long have you known her in the brown cloaths?

Farrel. I have known the gentlewoman ever since the hard frost; I have known the other about a year and three quarters.

Q. What is the character of Philips?

Farrel. I never knew, or heard any thing worse, than being a very honest just woman in all her dealings; she liv'd on her means till her husband died. Then she married another man, and that man died; then she liv'd by her needle, and several ways that she had for bread. I never knew any thing of Macdaniel, any farther than being a well brought up, and well behav'd honest woman; that is what I have to say, they behav'd very just to me.

Cross examination.

Q. Where does Macdaniel live?

Farrel. She is here.

Q. But where did she live, before she was here ?

Farrel . I believe this time 12 month, she liv'd by Saltpeter-bank ?

Q. Where did she live in June or July last?

Farrel . I can't tell .

Q. Where did the other live?

Farrel. The other gentlewoman lodged by the Hercules's-club, by Wellclose-square, she lodg'd with me eight or nine years ago; I lent her money upon her credit, and trusted her for victuals and drink , and she paid me.

Q. What sort of people do you let your lodgings to?

Farrel. Some to tradesmen, some to apothecaries, some to surgeons ; any body that pays me honesty . My husband is dead, I am an Irishwoman .

Hannah Higgins . I have known the big woman ( that is Philips ) by sight, but as to the other; I liv'd six years with her at Bristol, we were fellow servants ; she bore a very good character .

Q. Where did she live in June , or July last ?

Higins . I don't know , I have not seen her above this three months.

Both Guilty .

[No punishment. See summary.]

James Bignal , John Sibthorp , and Barnaby Horan , capitally convicted in June sessions, the first two executed July 28th; the latter August 4th.

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

Received sentence of death 5.

John Benson , Jonathan Wigmore , James Billion , Samuel Dibble , otherwise Dipple, and Mabell Hughes .

Transported for seven years 31.

Charles Godson , John Ashby , Catharine Sheridan , Elisabeth Butler , otherwise Carr, Mary Woodbegood , otherwise Robins, Elisabeth Ward , Mary Lewis, Joseph Stanley, William Groom , William Cook , James Fagan , John Segwick , Samuel Swift , Amelia Stevens, John Stimpson , Anne Cook , Anne Sands, Elisabeth Graves , Jane Wood , James Ligar , William Heywood , Catharine Curtis , James Hust , Daniel Paries , Thomas Cole , Thomas Wellings , James Clark , Zebulon Thrift Blackston , William Williamson , John Barron , and Richard Vernam .

Respited 3.

John Myers , Anne Philips , and Margaret Macdaniel .

Whipped 4.

John Tandy , Isabella Cook, Elisabeth Prichard , and James Povey .

Branded 1.

Nathaniel Weber .

James Bignal , John Sibthorp , and Barnaby Horan , capitally convicted in June sessions, the first two executed July 28th; the latter August 4th.

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