Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 26 July 2014), December 1755 (17551204).

Old Bailey Proceedings, 4th December 1755.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 4th, Friday the 5th, Saturday the 6th, Monday the 8th, and Tuesday the 9th of DECEMBER.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER I. for the YEAR 1756. Being the First SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J.ROBINSON, at the Golden-Lion, in Ludgate-Street. 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 SLINGSBY BETHELL Esq; Lord-Mayor of the City of London; Sir MICHAEL FOSTER , Knt * Sir SYDNEY STAFFORD SMYTH, Knt. + the honourable Mr. BATHURST ||; Sir WILLIAM MORETON , Knt. 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.

Samuel Taylor

John Fuller

Joseph Hurt

William Wood

Joshua Hassel

Laurance Giles

William Stokes

Edward Brookes

William Payton

Thomas Gale

Richard Pickersgill

Richard Medstone

Middlesex Jury.

Benjamin Barwick

Joseph Banister

Edward Turner

William Hood

George Stamford

Richard Edwards

Joshua Knight

William Spinage

Timothy Carter

William Smith

John Payne

Thomas Huntley

1. (L.) Margaret Cooley , widow , otherwise Margaret, wife of - Cooley , was indicted for stealing one pint silver mug, value 50 s. one pewter chamber pot, value 2 s. one half pound weight of brass value 4 d. the goods of Thomas Holland , in his dwelling-house , Nov. 6 . ++

Eliz. More. I live servant with Thomas Holland , in Cratched Friars ; my mistress employ'd the prisoner to wash the kitchen window the 6th of Nov. last; that night we missed a pewter chamber pot, and a day or two after we missed a silver pint mug ( producing one) this is it. We missed, also some brasses. She had used the mug to throw water up against the window. We suspected the prisoner to take them, nobody being in the house at the time. I did not know where to find her; but knowing she had a child in the hospital, she told me where her mother lived; but Mr. Harding, a goldsmith, advertising the mug, I went to him, and there found the mug. We took up the prisoner, and she confess'd where she had sold the chamber pot and brasses in East Smithfield, where we went and found them.

Thomas Harding . I live in the Minories, am a goldsmith. On the th of November about seven in the evening, the prisoner came to offer this mug to late. I asked her how she came by it? she said her husband was a soldier, and in the Westminster-Infirmary, and as she was going to see him in the Broadway, Westminster, she found the mug about half full of pease porridge; I said I must advertise it, that the right owner might have it again; she would have taken any thing for it. I advertised it, and Mrs. More came and owned it as her master's property.

Q. What is the value of it?

Harding. It is worth about 3 l. 10 s.

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

Guilty 39 s.

[Transportation. See summary.]

2. (M.) Hannah, wife of John Johnson , was indicted for stealing of ribbon. value 4 s. the property of Samuel West . Oct. 22 . +

Elizabeth West . I am wife to Samuel West , we live in Whitechapel . The prisoner came into our shop on the Wednesday in the last sessions, to buy some ribbon. I shew'd her some, she did not like them; I shew'd her others; I turn'd my back to deliver a pair of stockings to another customer, and turning round again, I missed a piece of black ribbon; I said there was such a piece gone. I took the prisoner into a little room, and made her pull off her says; then I felt, and under her left breast I found it. She would not let me take it out, but took it out herself, and throw'd it towards the fire. ( produced in court, and deposed to.)

Hannah Cowley . I was in the shop at the same time, buying a pair of stockings. I saw the prisoner search'd, and she took the ribbon out and throw'd it down in the little room near the fire.

Q. What colour was the ribbon?

Cowley. It was black.

The prisoner had nothing to say in her defence.

Guilty .

[Branding. See summary.]

3. (M) Joseph Stevens was indicted for stealing seven silk handkerchiefs, value 10 s. the goods of Samuel West , privately in the shop , September 24 .*

Elizabeth West. On the 24th of September the prisoner came into our shop to buy some handkerchiefs. I shew'd him some; he did not like them; I shew'd him some others; he snatch'd some of them off the counter and ran away with them. I call'd stop thief and he was taken within a few yards of my shop, and brought back.

Thomas Young . The prisoner came into my master's shop to buy some handkerchiefs; my mistress shew'd him some, he did not like them; she shew'd him some more, he took some up and said he'd have them for nothing; he ran out, I followed him, and had hold of his coat, when my master came and took him, and brought him back.

Prisoner's Defence.

I was coming home from work about 8 o'clock, and there was a mob. I went to see what was the matter; there came a dog and laid hold on me; then a man came and said you are the lad that stole the handkerchiefs.

Guilty 10 d.

[Transportation. See summary.]

4. (M.) Peter Reddey was indicted for stealing one silk handkerchief, value 3 s. 6 d. privately and secretly, from the person of John Brinsden , his property, Nov. 25 . ||

John Brinsden . Last Tuesday was seven night, as I was coming along the Strand , I felt somebody at my pocket. Mr. Wilmot took the prisoner, with the handkerchief upon him, my property.

Mr. Wilmot. On the 25th of November I was attack'd by a companion of the prisoner; he made an attempt at a lottery ticket I had in my hand. Seeing him join the prisoner and another man, I made it my business to observe them. I saw the man in their company (named Curd), point over the way to the prosecutor, as a man may do to a dog, crying hi ver. Immediately the prisoner went over to him, and put his left hand into his pocket, and took out his handkerchief. I went and took hold of, and closed the prisoner's hand with the handkerchiefs in it. I said to the prosecutor, Is this your handkerchief? He look'd at it, and said he would sware it was his property. Then we took the boy before Justice Welch. and the boy confessed that Curd and Williams; were the names of two who were with him, and said that was the fourth handkerchief he had taken that day.

The prisoner had nothing to say in his defence.

Guilty 10 d.

See him tried before, No 302, in the last Mayoralty.

[Transportation. See summary.]

5. (M.) Daniel Little was indicted for stealing one silver tankard, value 5 l. the property of John Smither , in the dwelling house of the said John, Nov. 3 .*

John Smither. I keep the Castle in Portugal-Street, Lincoln's-Inn Fields . The prisoner and a woman, whom he calls his wife, were drinking in my house with other company on the 3d of November. The other company went away about three in the afternoon, and left them three halfpence to pay. Some little time after, I look'd in the tap-room, and saw they were gone also. I ask'd my servant if Little had paid the three half-pence. I was told he had not. Then I said, see you tell his wife of it, when she comes at night with her oisters. (I did not then miss the tankard.) The prisoner and his wife used to be at my house most evenings, but they did not come that evening, nor the next day. I missed my tankard, and told William Hodgen of it, and that I suspected the prisoner. He told me he had seen the prisoner and his wife in a silversmith's shop in Cheapside, either buying or selling something. I sent him and one of my daughters to the shop (it was Mr. Briscoe's, at the corner of Friday Street ) to buy a second hand tankard. They were shewn several, but did not see mine. Then I went there with a friend of mine, and asked Mr. Briscoe what the prisoner and his wife were there for; he passed a little, and said he bought the handle of a mug or a tankard of him, and produced it. There was No 2 upon it, the same which I lost; upon which I got a warrant, and took the prisoner up. When I took him before the justice, he did not deny it, but said his wife gave it him. I have four tankards, which are all mark'd with a cypher and number'd; they are No. 1, 2, 3, 4; it was the No. 2 that was missing.

Mary Little . The prisoner is my father's brother's son. On the 3d of November at night he came to my sister's room, and said to me, Molly, I am glad to see you, I want to speak with you in your own room. We went there, when he took from under his coat this body of a tankard ( produced in court) and said let me leave this in your room till Wednesday; Hannah gave it me ( meaning his wife ) and I go upon guard to-morrow (he is a soldier ) and after I come off I will come for it. I had never heard any thing ill of him before, and said to him, Daniel, take care. He said, It will be of no detriment to you; and on the Wednesday morning a man came and knocked at my door, and asked if Mary Little lived there. I came to him. He said he wanted that which Hannah Little left at my house yesterday. I said, Friend, you must be mistaken; I have not seen her since Monday night. Said he, Good woman make no words, give me what I want; you know what I mean. Friend, said I, what do you mean ? He said, the body of a tankard, Said I, that I have, and gave it to him; after that I saw the thin piece of silver that goes round the body, and that I carry'd to Justice Fielding's.

Prisoner. She has spoke just what I said to her.

Q. to Prosecutor. Look at that body of a tankard.

Prosecutor. This is my property, the same I lost that time I mentioned; here is the cypher on it, and weight at the bottom.

John Rutter . On the 24th of November, in the evening, Mr. Smither came to me, and said he wanted some assistance. I being beadle of the parish went with him. I took the prisoner's wife, and brought her to the Roundhouse; and after she was lock'd up, she said she would tell me where the tankard was. After she told me, I left her in charge of a watchman, and went for it, and before I returned she had got away. I went to the last evidence by her direction, and she delivered the body of the tankard to me.

William Hodgen . I was going down Cheapside, and saw the prisoner and his wife in Mr. Briscoe's shop, a silversmith there, on the 3d of November, about four in the afternoon. Mr. Smither telling me he had lost a tankard, I told him where I saw the prisoner.

Prisoner. I was only at the door, I was not in the shop.

Hodgen. They were both in the shop.

Mr. Briscoe. On the 3d of November, about four in the afternoon, a woman came into my shop with this bit of a handle to a tankard, and asked me whether or not it was silver. I touched it, and told her it was. She asked me whether I would buy it. I asked her how she came by it, and she told me she found it.

Q. Was there any body came with her?

Briscoe. There was a man stood at my door, or in the shop, but whether he was in or not I am not certain: I do not know that I spoke to him.

Q. Did he appear to have any concern with the woman in the selling it?

Briscoe. When I paid the woman, as she was going out, I think she said she was going with her basket to sell oisters; there was something passed between them, but I can't tell what it was.

Prisoner. He has spoke just as the thing was.

Prisoner's Defence.

I will give a just account of what I know of it: The day the tankard was lost, I, my wife, and two or three more in company, were drinking at the prosecutor's house; after dinner, I said to her, Hannah, if you will go to Billingsgate and buy some oisters, I will go home and fetch my knot and hat. Before I returned again the gentlemen were all gone; my wife had got her sieve upon her head coming out of the house; I said, are you going? she said she had not money enough, but she would go and borrow 6 d. of her landlady. She went and did not return. I went into Chancery-lane, she had not been at home, I staid for her pretty near an hour, she did not come; then I walked down Fleet-street into White-Friars to a house we were just removed from, and there I found her. I asked her if she had borrowed the money, she said no, but she had something that would fetch some money, and pulled out a little bit of silver, and said she found it by St. Dunstan's church among some rubbish; we went to several silversmiths in Fleet-street, she sold it to one on Ludgate-hill, and after she came out of the shop she shewed me four shillings; then we went to St. Paul's church-yard, there she told me she had got something more; then we went to Mr. Briscoe's shop and sold another bit; what she got for that I cannot say. Then, I said, let us go to Billingsgate; she said, she did not purpose to go there to day, so we went to her mother's in Beach-lane, from whence we came back into Fleet-lane, and from thence into White-friars. She went up stairs, and came down in two or three minutes. Then she said we will go as far as my uncle's in Norton-falgate. After we got cross Moorfields she pulled out the body of the tankard from under her cloaths, and said, I have got something that will fetch a good deal of money still. I took it out of her hand, and asked her how she came by it. She said, very honestly; that she found It where she found the other. Then she wanted it out of my hand again. I said, I will not give it you, until I know how you came by it. She d - d me for a scoundrel, and said, if I had a good thing put into my hand I would not make the best of it; and said, if I would carry it among the Jews I might sell it. I said, I will leave it with my cousin until I come from off guard at Kensington, then I should have time to enquire how she came by it. I carried it to my cousin, and told her I had it of my wife, and desired her to let it be there till I came off guard, and then I should know how she came by it.

Q. to Prosecutor. At what time did the prisoner and his wife go away from your house.

Prosecutor. They staid a little time after the other company. I believe they went away about three o'clock, but I did not see them go away.

To his character.

William H. I am a serjeant in the guards. I have known the prisoner about twelve or thirteen years, he has been about that time in the regiment. I have paid him I believe seven or eight years. I never knew him guilty of any thing bad. He always behaved well. When this unhappy accident happened his discharge was wrote, but the gentlemen postponed giving it him, hoping that as he bore an honest character he would be acquitted. I have lent him money in, and he has always paid me.

Guilty Death .

(L.) Thomas Davis was indicted for stealing one silk handkerchief, value 10 d. the property of Mord Cohen , Nov. 23 ++

Mord Cohen. On the 23d of Nov. about half an hour after eight in the evening, as I was coming through Aldgate , there was a great crowd; I felt a hand in my pocket: I turned about, and saw the prisoner with my handkerchief in his hand; I took of him and the handkerchief too. (Produced in court and depos'd to.) I took him before my lord mayor and he committed him.

Prisoner's defence.

I took it off the dirt, he said it was his, so I gave it him.

Guilty .

[Transportation. See summary.]

7, 8 (L.) John Hipworth was indicted for stealing 10 sheepskins, 3-qrs. of an ounce of thread, 3 ounces of sewing silk 3-qrs. of a yard of linen cloth , the goods of James Tompkins , and Joseph Fennimore for receiving the same, well knowing the same to have been stolen October.++

J. I am a taylor . The prisoner Fennimore my journeyman ; Hipworth was my apprentice ; on the 28th of October and when he was gone Fennimore told me he was a thief, and would not keep him, and desired I would lend him a green ag, which I did, and the next day he brought me the goods mentioned in their indictment.

Q. Whose goods are they?

James. I believe they are mine, but the linen I can swear to the boy forced the things upon him, and put them in his pocket. I took the boy up, he confessed he had taken them me. They both blamed each other. The boy the presence of Fennimore, that he had told him, if he took them I should never them. I took them before my lord mayor, which was Mr. Alderman Jansen: the any thing there. The other did not own any thing there.

Edward C. I am the constable. The boy owned he put the goods into Fennimore's pocket, and he went away with them.

Q. Was Fennimore by then?

Edward Craine . Yes he was. I asked Fennimore if he knew the goods were his master's. He said he did, but the boy would force things upon him, and he took them to his own house at several times. The boy said Fennimore said to him, do you go and fetch the piece of linen to me, for you can't cut it to as I; and that Fennimore cut it off. The boy said Fennimore gave him sometimes 2 d. and sometimes 3 d. and sometimes 6 d. for the goods he brought to him.

Mary Waistworth . I heard Fennimore confess that he had a parcel of goods of Mr. Tompkins's, and if he would send him a cloth to put them in, he would bring them; and he brought and delivered them to him the next morning.

John Bn . Fennimore confessed to me in the compter, that he received these goods of the boy, knowing them to be stolen.

Hipworth's defence.

Fennimore told me he had a pair of breeches to make, and he asked me if I would give him some buttons. I told him they were not mine to give. He said I could get them, and I might give him them, for he was a poor man: and with a great many persuasions I gave him them. Then he asked me for several things more. I told him my master would find me out; then he would give me money, a penny or two pence, and told me he would learn me my trade. After that he found my master had missed a few pieces, and I was gone, then he pretended his conscience pricked him.

Fennimore's defence.

I never asked the boy for these things. What the boy says is very false.

To Fennimore's character.

James Lucas . Mr. Tompkins said before me and two others, that if Fennimore was bailed out he would employ him again.

Tompkins. I never said such a word.

Mrs. Sherrard. Fennimore served seven years with my husband, and has boarded three years in my house since. He served his time honestly and justly.

Q. Have you known him of late?

Sherrard. I can't say I have known much of him for these last twelve months. He is one of a slender capacity, but will not hurt a worm.

Mr. Yates. I have known him thirteen or fourteen years. His general character is that of a very honest man; was he acquitted, I would trust him with all the effects I have in the world.

Q. What are you ?

Yates. I am a watch-maker, and live in Salisbury-court.

Mr. Sharp. I have known him five years or upwards. His general character is that of a very honestman; but he is a poor weak sort of man. I have trusted him with all the things in my house, and I believe he is one of the honestest men that can be this day.

John Cox . I have known him better than twenty years.

Q. What is his general character?

Cox. It is that of a very honest man as far as ever I heard.

Richard Clarkson . I have known him about seven years. He is as honest a man as ever broke bread in the world; but he is very weak in his head.

Both guilty .

[Transportation. See summary.]

9. (L.) John Pearson was indicted for stealing one linen handkerchief, value 10 d. the property of John Gretton , Oct. 10 . ++

John Gretton . On the 10th of October, about eight o'clock I was coming down Fleet-Street ; I saw the boy at the bar and a tall fellow pass me; they looked very hard at me; I said to the man with me, they have some design upon us. I saw the boy spit in his hand; then he put it quick into my pocket, and took out my handkerchief; I seized him by the collar while he had it in his hand (he produced a handkerchief.) I have only two of this sort; but whether this or the other at home is it, I can't tell.

Q. Did you look upon it at that time so as to be positive it was yours ?

Gretton. I did. I took him into a publick house, there he owned he took my handkerchief out of my pocket, and that he was set on by the tall fellow.

Prisoner's defence.

I did not take a handkerchief from him.

Guilty .

[Transportation. See summary.]

10. (L.) Andrew Barnes was indicted for stealing 3 shillings and 6 d. in money numbered , the money of Thomas Sterrop , Oct. 27 . ++

Thomas Sterrop . I live in Cheapside ; the prisoner was my servant almost half a year. I had strong reason towards the latter part of his time to suspect him of robbing me (his having a quantity of money about him.) I carried seventeen shillings in silver to an engraver in Gutter-Lane, for him to put a private mark on each, which he did. Then I gave 8 s. 6 d. to one Wilson, and the like to Mrs. Rayner, to come and lay out with the prisoner before I got up the next morning, at nine o'clock. When I got up, I went and look'd in the money-drawer, and there I found 11 s. 6 d. and no more; then I went to the two persons, and found the woman had laid out with him 6 s. 6 d. and Mr. Wilson 8 s. 6 d. which made 15 s. Then I asked the prisoner what money he had taken, he said he had put it all in the drawer. I asked him what Mrs. Rayner had laid out, he said 4 s. 6 d. I said has she not laid out 6 s. 6 d. then he said yes she had. I asked him what Mr. Wilson had laid out, he said 6 s. 6 d. I said if you recollect, he laid out 8 s. 6 d. which he own'd; then I sent for a constable, and desired he'd let me see what money he had about him; he readily pulled out about 9 or 10 l. I said I must search him; when he found that, he pull'd out 3 s. 6 d. from his waistcoat pocket, and flung that on the table: Then I sent for the engraver who mark'd the money, and he pick'd out that 3 s. 6 d. which he took from his waistcoat pocket, and the 11 s. 6 d. in the drawer. All mark'd money. The constable has got it in his possession now.

Cross examination.

Q. Do you know that the prisoner had put the money into the till and taken it out again?

Sterrop. I can't say that, I did not see him.

Q. Who keeps the key of the till?

Sterrop. There is no key at all.

Q. Did you use to trust him to take money for you in the shop?

Sterrop. Yes, I had frequently.

Q. What became of the money he laid down on the table?

Sterrop. He said he had been robbing me for 3 months past, and all the money he had was mine.

Acquitted .

11. (L.) Rachael Marshal , spinster , was indicted for stealing a silver coral chain, value 2 s. the property of Christopher Godard .*

Christopher Godard. I am a watchmaker in Little-Britain . I have a glass case at my door with silver things in it to sell. On Thursday last, about twelve o'clock, as I was at work, I observed the prisoner at my glass case in the street. Having lost things out of it several times, I ordered my boy to go out into the street and watch her, and I went on the other side the shop, and saw her fingers several times in the glass case; she lifted the case up at the corner several times. I saw a silver chain drawn out, and saw her grabble it with her fingers. I went to a constable over the way; he advised me to take her up, which I did, after she was got into Bartholomew-Close. We brought her to an alehouse, and my maid and the maid there searched her, but found nothing upon her. There were two other girls with her; but whether they belonged to her, or she delivered the things to them, I know not. I missed four silver chains which were in the case not an hour before, and some seals.

Daniel Gardner . On Thursday last about twelve o'clock, my master sent me out into the street to watch the prisoner, who was at our glass case. I saw her lift up the glass case several times; but I can't say I saw her take any thing out, for her back was towards me.

Prisoner's defence.

I was searched twice over, and they found nothing upon me.

To her character.

Thomas Hughs . I have known the prisoner about five years, and I never heard any thing ill of her.

Guilty .

[Transportation. See summary.]

12. (L.) Susannah, wife of William Stafford , was indicted for stealing one pair of worstead hose, value 1 s. 6 d. the property of Richard Coomes , Oct 29 . ++

Rhodes Hayes. I live servant with Richard Coomes , a hosier at Holborn-Bridge . On the 29th of Oct. about seven at night, the prisoner came into our shop, and said she wanted a pair of stockings; I took down some, and told them over. She asked the price of a pair; I said half a crown. She took up 3 pair, and said let me feel the weight of these; she weighted them and gave them a toss down. Then I saw but two pair lying on the counter. Then I told the parcel over again; and there wanted a pair of the number. She sat down and shew'd me her leg, and said I must have a large stocking, for I have a large leg; as I look'd over the counter I saw the other pair of stockings lying on the ground by her feet. Then she took off her garter and measured the calf of her leg, then measured a pair of stockings on the counter, and said these are not big enough. Then as she went to tie her stocking, I saw her stoop very low with her right hand, and she brought the pair or stockings upon the ground under her petticoats. Then she would give but 21 d. for the stockings she had measured. I look'd over the counter, and saw the stockings were gone; she was going to the door; I throw'd myself over the counter and said, you may as well have them, you will get none cheaper. She said I'll give no more, and went out. I went after her, and brought her back; and said she had taken a pair. She said she had not; and as I was going to feel about her coats, there lay the stockings on the ground, by her feet.

Q. Are you certain the stockings did not lay there before ?

Hayes. I am certain they did not. I am very sure she took them out and brought them in again, for there were none upon the floor when she went out. After that she call'd her husband; he came, and began to call her names; and said she had been in bad company.

Prisoner's defence.

I am as innocent of it as the child unborn.

Guilty .

[Transportation. See summary.]

13, 14, 15. (M.) Ann Stafford , Jane Buckley , and Eleanor Ward , spinsters , were indicted for stealing 3 aprons, value 3 s. and 1 gown, value 12 d. the goods of John Burkhamshire , Oct. 30 .*

John Burkhamshire. On the 30th of October I had been out. Coming home, my maid Mary Seward had got Ann Stafford in the house; she said she took her with the things mentioned upon her. I took her before justice St. Lawrance; there she confessed the taking them. I know nothing against the other two prisoners; they were taken up upon Stafford's ing them; but they denied every thing.

Mary Steward . On the 30th of October I saw Ann Stafford go out of our door. I knew her, went after her, and at about 20 yards distance came up with her. I asked her what she wanted? she said a woman, naming a name. I said we had no such Then I took her back, and found the things mentioned, in her apron. They are my mistress's property she owned in my hearing before the justice, that she took the things.

Stafford was called upon to make her defence, but said she had nothing to say.

Stafford Guilty .

Buckley and Ward Acquitted .

They were a second time indicted for stealing a silk capuchin, value 3 s. and 1 pair of stays, value 2 s. the goods of Hannah Ready , widow , Dec. 3, 1754 .*

Hannah Ready. On the 3d of December, a year ago yesterday, I lost a silk capuchin and a pair of stays. I never heard what became of them till Ann Stafford was taken up; then she confessed she stole them from me. She knew me before the justice, and said they were stoln from me. She told me the way she came round by a stable yard, to get in and take them.

Stafford had nothing to say in her defence.

Stafford Guilty .

Buckley and Ward Acquitted .

[Transportation. See summary.]

16. (M.) Thomas Haskins was indicted for stealing one silver saucepan, value 15 s. 7 linen table cloth, value 7 s. 2 linen shirts, 1 damask napkin, 1 pair of velvet breeches, the goods of William East , Esq ; 1 pair of silk stockings, 1 shag waistcoat, 1 cloth coat, and 1 cloth waistcoat , the goods of William East the younger , Oct. 24 .*

Jane Baterson. I live servant with William East , Esq; the prisoner married a fellow servant of mine; they were permitted to live in my master's house, while the family were in the country. They came to town on the 24th of October; then the goods mentioned in the indictment were missing.

Court. Name the things.

J. Baterson. There was a silver saucepan, 7 linen tablecloths, 2 shirts, 1 damask napkin, and a pair of black velvet breeches; these were the property of my master: one pair of black silk stockings, a crimson velvet shag waistcoat, and a black coat and waistcoat; these were my master's son's. We had a suspicion of the prisoner, because the young woman said nobody was in the house but him and her. We took him up, and he confessed he had taken the things, and where he had pawned them. I was at the finding them at the several pawnbrokers.

Edward Snowball . I am servant to Mr. East, we went out of town in July. My master let the prisoner and his wife stay in the house till we returned, which was in October; then all these things mention'd were missing. We took the prisoner up, and he confessed in my hearing he had taken them, and also where he had pawn'd them. Justice Fielding granted a search warrant, I went with the other witness, and we found them all again.

Q. Where are the pawnbrokers?

J. Baterson. They are all here.

Robert Alixander . I am a pawnbroker. On the 9th of August the prisoner at the bar brought a pair of silk stockings to me, and pawned them with me. (producing them.)

Q. to J. Baterson. Look at them; do you know them ?

J. Baterson. These are my young master's property.

Q. to Snowball. What say you?

Snowball. They are my young master's.

Alixander. On the 16th of the same month he brought a tablecloth (producing it)

Q. to J. Baterson. Look at that tablecloth.

J. Baterson. That is the property of my master.

Alixander. On the 29th he brought another table cloth ( producing one.)

Q. to J. Baterson. Look at that.

J. Baterson. That also is my master's.

Alixander. September the 6th he brought another (producing it.)

Q. to J. Baterson. Look at that.

J. Baterson. That also is my master's.

Alixander. On the 8th he brought two shirts, (producing them.)

Q. to J. Baterson. Look at these shirts.

J. Baterson. These are my master's property.

Q. to Alixander. Did he pledge these things with you as his own property ?

Alixander. He did; he told me he was lately married, and that he had no money with his wife, but had many good things that had been left her in her family.

Richard Munk . I am a pawnbroker ( he produced a silver saucepan) the prisoner pawn'd this with me on the 4th of October.

Q. to J. Baterson. Look at it, do you know it?

J. Baterson. This is the property of my master.

Robert Davis . I am a pawnbroker (he produced two tablecloths) the prisoner brought and pawn'd these with me.

Q. to J. Baterson. Look at those tablecloths.

J. Baterson. They are the property of my master.

Davis. The prisoner brought a damask napkin also on the 16th of August (producing it.)

Q. to J. Baterson. Look at the napkin.

J. Baterson. It is my master's property.

Francis Patrick . I am a pawnbroker; the prisoner brought a tablecloth to me the 2d of September, ( producing one )

Q. to J Baterson. Look at it.

J. Baterson. It is my master's property.

William Wakefield I am a pawnbroker; the prisoner brought me this tablecloth (producing one) to the best of my knowledge on the 15th of August.

Q. to J. Baterson. Look at that tablecloth.

J. Baterson. This is my master's property.

Q from a Juryman. By what marks do you know these things ?

J. Baterson. The linen is mark'd with my mistress's mark, and there are also the washerwoman's mark on them.

Albert Hortsel . I am a pawnbroker; the prisoner at the bar brought me this coat and waistcoat on the 4th of September ( producing them.)

Q. to Snowball. Look at the coat and waistcoat; do you know them ?

Snowball. I brush'd them before I went out of town; they are my young master's property.

John Alison . I am a pawnbroker ( he produced a pair of black velvet breeches); the prisoner at the bar brought these to me.

Q. to Snowball. Whose property are these?

Snowball. They are the property of my master.

Prisoner's Defence.

I did not do it with any other intent but to return them again.

To his Character.

William Woodman . The prisoner was apprentice to me 7 years. He behaved very honestly all the time.

Q. When did he leave your service?

Woodman. He left me about the beginning of April last.

Gabriel Hawks . I have known him a great many years. I never knew any ill of him.

John Kent . Some time after he was out of his time, I employ'd him to alter some locks. I and my wife went out at the time, and left him with things of considerable value; and we did not miss any thing.

Peter Hawks . I have known him some time. I never heard any thing of a stain to his character, till this accident.

Guilty .

[Transportation. See summary.]

17. Joseph Smith was indicted for stealing 5 cork-serews, value 2 s. the goods of John More , Nov. 1 .

The prosecutor not appearing, he was Acquitted . The recognizance ordered to be estreated.

18, 19, 20. (M.) James Blunt , James Pottle , and Thomas Appleby , were indicted, for that they, together with Randolph Banks , not yet taken, did steal one cloth coat, value 3 s. and one pocketbook, value 6 d. the property of Joseph Steward , Nov. 20 ++

Joseph Steward . I live at the Coach and Horses in Gray's-Inn-lane . The coat and pocket book were taken out of my house on the 20th of November. Justice Fielding sent for me some time after. I went [my pocket book lay before him] he asked me if I knew any of the prisoners that were there; I said I never saw them in my life. He asked me if I would swear to the pocket book; I said I would. He ask'd the prisoner what they had done with the coat? Blunt own'd that he went into my kitchen and took it out. They had pawn'd it; and Cole the evidence said Blunt pawn'd it for 5 s. I never saw it after this.

- Cole. There were the prisoners at the bar, Randolph Banks , and I going along Gray's-Inn-Lane; Pottle went into the Coach and Horses in Gray's-Inn-Lane, and brought out a coat, which Blunt put on, and said he'd pawn it himself. Then Pottle went in again, and brought out a pocket-book, and gave it to Blunt; after that, Pottle hid it; and when we were taken up, I was admitted evidence, and I went and brought it. They had all share of the money for which this coat was pawn'd, which was 5 s.

Q. from Pottle. Whether Blunt pawn'd it, or me?

Cole. Blunt pawn'd it. But Appleby and Pottle were cast at Hick's Hall this sessions, and they want to get Blunt off.

Pottle's defence. I went into the prosecutor's house and took out a great coat; and in the pocket was that book. I gave them to Banks.

Blunt's defence. Cole has done this thing out of spite. I was not there; and know nothing of the fact.

Blunt and Pottle Guilty .

Appleby Acquitted .

[Transportation. See summary.]

21. (M.) Eleanor Hull , Spinster , was indicted for stealing two brass candlesticks, value 10 d. one handkerchief, one cloth cloak, and one linen apron , the goods of Edward Pain , Nov. 19 . +

Martha Pain . I am wife to Edward Pain ; we live at the Rose and Crown in Great Wild-street ; the prisoner was chairwoman . I had left her in the room to lace a child's stays on; she went away, and we missed the things mention'd in the indictment. I found her the next day. She owned she had taken the things, and where she had pawned them.

Francis Patrick . I live in Drury-lane. The prisoner brought this pair of candlesticks to me the 8th of Nov. and a handkerchief the 18th. (producing them.)

Q. to Prosecutrix. Do you know these things ?

Prosecutrix. They are my property.

Prisoner's defence.

I was in liquor when I carried them.

To her character.

John Kingsmill . I have known the prisoner from an infant, her character was always very good and honest. She chaired for my wife; we never knew any ill of her.

Guilty .

[Transportation. See summary.]

22. (M.) Elizabeth Souther , otherwise Keys , spinster , was indicted for that she in a certain house of office, belonging to a person unknown, on Elizabeth Bailey , Spinster, did make an assault, putting her in corporal fear, and danger of her life, and stealing from her person one pair of stays, value 2 s. one flannel petticoat, one linen handkerchief, one silk ribbon, and one linen cap , the property of the said Elizabeth, Oct. 24 . ++

Thomas Bailey . I have seen the prisoner begging about our neighbourhood, at times, for about 3-qrs. of a year. She used to sit near an empty house, where my children used to pass as they went to school. I saw my children go out to go to school, they had their stays and things on as usual, and they came home late without their stays.

Q. What are your children's names ?

Bailey. The eldest her name is Elizabeth, she is about seven years of age; the other's name is Sarah. I know nothing of the robbery but what the children told me. I advertised the things on the Monday following, and stuck up bills; the prisoner was taken on the 28th of October; she was charged with taking the cloaths off the children, she own'd she did, and had pawn'd one pair of stays for a shilling, and sold the other stays for 21 d. My wife went to the pawnbroker she mentioned, and return'd and said, that the pawnbroker said he knew nothing of the prisoner. Then I went and got a search warrant from Sir Samuel Gower , and went to the pawnbroker, and then he shew'd me his book; in looking it over I found, Old stays one shilling; then he produced the stays; here are other witnesses to speak to them.

Q. What were the words the prisoner made use of in her confession?

Bailey. I asked her how she could be so cruel as to take the cloaths from off the children; she said she did, and that she was sorry for it.

Elizabeth Bailey . I am wife to Thomas Bailey . On the 24th of October I sent my children to school, dressed as usual, with their stays on; they were brought home about five in the evening without their stays, and some other of their things. I asked them where they had been; they said the woman that used to sit begging in the street had taken their cloaths from them.

Q. What did Elizabeth lose?

E. Bailey. She had lost her stays, her under petticoat, her cap, ribbon, and handkerchief.

Q. How old is she?

E. Bailey. She was seven years of age last Midsummer, the other five in May last. The prisoner was taken up on the 28th. I went to her at the Black Horse in Mill yard where she was in custody; they put her in a room with a dozen women. I had put my children in at a neighbour's house; I went and fetched my youngest child first, and asked her if she knew the woman that took her stays; she ran to the prisoner directly, and said, This is her, and clap'd her hand on her knee; the prisoner said, you are mistaken, it was not me; the child said, yes, it was you, and this is your child, (which was the child the prisoner held in her arms.) After that my eldest child was brought in, and she insisted upon it the prisoner was the woman, the same as the other did. The prisoner still denied it, but before Sir Samuel Gower she owned every thing that she was charged with.

Q. Were the children there at that time?

E. Bailey. They were. There was only this difference between the children's account and hers; the children said she took off their stays in a necessary house in Rosemary branch alley; but she said, it was not in that alley, but in another alley.

Christian Bailey . I am grandmother to the children. I was sent for to Sir Samuel Gower 's to see if I knew the stays, as I usually dressed and undressed the children, and I knew them to be Elizabeth's stays.

James Thwate . I am a pawnbroker. On the 24th of October the prisoner came to our house with this pair of stays (producing a pair.)

Q. to E. Bailey. Look at these stays.

E. Bailey. I did not use to lace them on, so I cannot swear to them, but believe they are what was taken from the child.

Q. to Christian Bailey . Look at them, do you know them?

Christian Bailey . I am very sure these are the stays that the child Elizabeth wore.

Thwate. The prisoner told me they were her own, and she wanted 18 d. on them, and I lent her a shilling.

Hazard Austin. My father made these stays for Elizabeth Bailey , and we have new covered them since I brought them home to Mr. Bailey's house on the 15th of August last.

Thomas Jeffs . I secured the prisoner, and brought her to my own house, and sent for Mr. Bailey and the children; I opened the door and let the youngest in; she ran directly up to the prisoner, and said, This is the woman, mamma, that took my stays.

Q. Was you with the prisoner before the justice?

Jeffs. I was, and heard the prisoner confess she took the things from the two children.

Q. Were the children's names mentioned to her ?

Jeffs. They were.

Prisoner's defence.

I know nothing of it, for I was quite stupified in liquor; I can't really say any thing to it.

Thwate. I took these stays in on the 24th of October at nine in the morning, and the woman swore she lost them the same day in the afternoon.

Q. to Christian Bailey . What time did you put the stays on that morning?

C. Bailey. I put them on the 24th of October before they went to school; it was about nine o'clock as near as I can remember.

Q. to Thwate. Name the time, as near as you can, that they were brought to your house.

Thwate. It did not exceed nine o'clock that morning when they were brought to me.

Q. to Thomas Bailey . What time did your children go out to go to school that day.

T. Bailey. The children did not go out to go to school till near ten o'clock.

Thwate. It was not nine o'clock when the stays were brought to me.

T. Bailey. Thwate's servant took them in, as she said before Sir Samuel Gower , about dinner time, and that her master gave her the shilling, and she delivered it to the prisoner. She was bound over in recognizance to appear here; I don't know what business he has here.

Q. to Thwate. What is your maid's name?

Thwate. Her name is Hannah Armstrong .

Court to Clerk of the Arraigns. See if she is bound over.

Clerk of the Arraigns. She is bound over.

She was called upon her recognizance, and did not appear.

Q. to Thwate. Where do you live? that is necessary to be known.

Thwate. I live in Virginia-street, Ratcliff-highway.

Guilty of felony only .

Hannah Armstrong 's recognizance was ordered to be estreated.

[Transportation. See summary.]

23. (M.) John Weston was indicted for stealing 2 blankets, value 8 s. 2 linen sheets, 1 coverlid, 1 pair of bellows, 2 flat irons, 1 copper saucepan, 1 copper tea kettle, 1 looking glass, and 2 pictures, the goods of Anthony Wilkins , the same being in a certain lodging room , let by contract to be used by the said Weston, Nov. 11 . ||

Guilty .

[Transportation. See summary.]

24. (L.) John Clayton was indicted for stealing 25 pound wt. of sugar, value 6 s. the property of persons unknown, Nov. 14 . ++

John Coats . On the 14th of last November, I saw the prisoner and Michael Paterson contesting at a warehouse door on Ralph's key , where I am a ticket porter; I went and stroked my hand down the prisoner's cloaths, and found two large pockets of a very geat bulk. I asked him what he had been doing in the warehouse; he said a cooper had given him some sugar. I sent Paterson up stairs, and he returned and said there was no cooper there; I searched him, and his trowsers had a large pocket on each side full of sugar; I made him pull them off, and the trowsers, sugar and all, weighed 30 pounds. He was carried before my lord mayor the next day, and there he said as before.

Q. Is there sugar in that warehouse where you found him at the door?

Coats. There were then 6 or 700 hogsheads in the building.

Q. Did the prisoner work in that warehouse ?

Coats. I believe he had before this, but he did not at that time.

Michael Paterson . I belong to the warehouses. I took the prisoner coming down stairs from the warehouse; I called Mr. Coats, he came; the prisoner told him a cooper had given him the sugar, Then I and two or three others went up stairs with a light, but there was no cooper there.

Q. Is it usual for coopers to give away sugar in these warehouses.

Paterson. No, it is not.

Prisoner's defence.

I was very full of liquor, and as I was on the keys, a man called to me to carry that sugar to the Red house in Thames-street; so I took it to carry. He called Bridget Dailey , Julian Morison , and Margaret Lines , who all gave him a good character.

Guilty .

[Transportation. See summary.]

25. (L.) William Rutherford , otherwise Smith, otherwise Wherren , was indicted for uttering, knowing it to be forged, a counterfeit warrant, or order for the payment of 21 l. with intent to defraud , Nov. 5 . ++

William Wallis . On the 5th of November last, the prisoner at the bar brought this order to me (holding a paper in his hand.) I asked him if he brought it from Mr. Wilmot? he said yes.

Q. Whose name is signed to it?

Wallis. It is signed William Wilmot .

Q. Did you know William Wilmot ?

Wallis No . I did not I told him I was much surprised at having such a letter from him, having never had any dealings with him.

Q. What is Mr. Wilmot ?

Wallis. I now know that he is a paper-maker.

Q. What are you?

Wallis. I am a wholesale stationer. He said he had paid the money ( mentioned in the order) to Mr. Wilmot, and expected to receive it of me again in town. I asked him if his name was Wherren? he said yes.

Q. Why did you ask him that?

Wallis. The bill being made payable to one of that name, I suspected it to be a forgery. I spoke to my servant aside (named John Merry ) to tell him to go along with the prisoner to Mr. Wright's on London-Bridge. My man asked the prisoner in my hearing who he was; he said he was a shopkeeper at Shoreham. My man seemed to flatter him, in hopes of letting him have the money. He told him they would go to Mr. Wright, and see how the account stood, and if there was that money due, he should have it. So they went away together.

Q. Did he offer that as a good note ?

Wallis. He did; drawn by Mr. Wilmot; and asked for the payment of it; this is the letter, without any alteration; except his name, which he wrote at Mr. Wright's, in the presence of my man.

The order read to this purport, but very badly spelt.

'' SIR,

'' I shall be in London on the 16th of this Instant, '' and shall bring with me 100 reams of fine '' srcap nett, 100 ditto fine pot, 150 ditto small coarse, '' 120 ditto large reams writing demy, which I '' hope will please the character of good; for I have '' laid my mill still for these two months; it has '' cost me a great deal of money. If you will be '' so good as to pay Mr. Wherren 20 guineas upon '' sight of this, You will oblige your's to serve.

'' WILLIAM WILMOT

'' Shoreham, Nov. 4, 1755.

'' SIR,

'' Please to pay to John Wherren the sum of '' 21 l. for use received. WILLIAM WILMOT . '' Place it to account, and you will oblige your's,

'' WILLIAM WILMOT .''

Directed to Mr. Willis, at the Crown and Scepter, stationer, in Gracechurch-street.

Q. What sum did he demand of you on producing the bill?

Wallis. The sum of 21 l.

John Merry . I know the prisoner. I am journeyman to Mr. Wallis. The prisoner brought this letter to me at my master's shop. I went with him, as my master has given an account; and when we were at Mr. Wright's, I asked him how he spelt his name (to see if his writing and the order were alike.) So he wrote this name at the bottom. John Wherren .

Q. Did you hear him ask for the payment of that order, of your master?

Merry. I did. I think I heard the prisoner tell my master he saw Mr. Wilmot write the order; or he wrote it while he was in his house. He said he was coming from Shoreliam, and he called upon Mr. Wilmot; and Mr. Wilmot told him he had occasion for present money, and would be glad if he would take a draught to town; and as a letter would be safer carriage than cash, he took the draught, and paid the money for it: And that he was a shop-keeper at Shoreham; and two or three times he spoke of the hardship of staying for money when they come with a draught for it. I immediately told my master if I went to Mr. Wright's I might know farther of it. When I came out of the compting-house, I told him my master traded with Mr. Wright, who traded with Mr. Wilmot, and I believed there might be a mistake; but if there was any money due to him, he should have it. So then we went there; then I found that the writing was not at all like Mr. Wilmot's hand. Then we contrived to get him into the compting house; and sent for a constable.

Thomas Wright . I am acquainted with the hand-writing of Mr. Wilmot extremely well.

Q. Have you seen him write?

Wright. I have many times.

Q. Look upon this order. Do you think this to be his writing?

Wright. I verily believe it not to be his writing. Mr. Wilmott spells his name with a double it, but this has but one t; and here are a great many mistakes in the spelling; but Mr. Wilmott understands accounts, and spells very well; but as to the writing, it is nothing at all like his writing.

William Allen . I know Mr. Wilmott, the paper maker; and am acquainted with his hand-writing; and have seen him write several times.

Q. Look at this order.

Allen. This is not his hand writing; here Wilmot is spelt with a single t, but he spells it with a double tt; here is tweanty for twenty; gewenet for guinea. This can't be Mr. Wilmott's hand-writing.

Roger Orford . I live at Mardstone. I know the prisoner very well; and have for four or five years.

Q. What is he?

Orford. He is a journeyman paper-maker; and did work at Sittingbourn-Mill with Mr. Mathewson. He usual to go by the name of William Rutherford ; I never knew any other name he went by.

Q. When did he come from that mill?

Orford. He came away some time this summer. I saw him there at work last March.

Prisoner's defence.

I received this letter of a man at the Ship at Deptford, to carry to London; and I was to bring the man an answer. I never ask'd for money til the letter was opened. I don't know the man I had it of; he told me he would reward me if I brought the money.

Guilty Death .

26. Mary, wife to John Townsley , was indicted for stealing 2 cotton gowns, value 6 s. 1 pair of stays, value 5 s. 1 sattin bonnet, value 2 s. 1 cloth cloak, 2 linen handkerchiefs, 1 pair of cotton stockings, 4 yards of woollen stuff, 1 pair of cotton gloves, 1 linen cap, 1 linen shift, 1 linen apron, 1 muslin neckcloth, 1 pair of linen sleeves , the goods of Timothy Macarty , Nov. 18 . The prosecutor did not appear.

Acquitted . The recognizances ordered to be estreated.

27. (M.) Mary Townley , spinster , was indicted for stealing one brass fire shovel, one pair of brass tongs, one brass sender, one copper tea kettle, one looking-glass, one bolster, one pair of bellows, one box-iron, one iron heater, and one blanket, the goods of William Nibbs , the same being in a certain lodging room left by contact , &c May. 12 ++

Acquitted .

28. (M.) Robert Williams was indicted for the wilful murder of . He likewise stood charged on the coroner's inquest for manslaughter, Nov. 15 . ++

Civil Tompson. I keep the Hat and Ton at Hatton wall ; the thing happened in my house; but I saw nothing of it.

Q. Did you know the Deceased?

Tompson. I did. She was a bad temper'd, drunken woman.

Q. What is the man?

Tompson. A good temper'd man; he will drink sometimes.

Q. Do you know whether he was drunk or sober when the accident happened?

Tompson. I believe he was sober.

Thomas Smith . I did not know the prisoner or deceased before. That night I and Yarbury lodged at the Hat and Tun. We came in at about nine o'clock, a fortnight ago yesterday; there were people dancing and merry. Presently came in a sidler; the deceased said I will give you a halfpenny if you will play me a tune; he play'd, she danced; after that there were two more women gave him a halfpenny each at last. The Fidler went out. The husband was sitting by (he seem'd to be angry with) his wife; and said she had more need to keep her money to buy some supper. She used many ill words, and said she would do what she pleased. They had more words, and she fell a beating him very much with her double fist about his head. He did not offer to resist; he held his hand up, and once said, I here I kept that blow off. She very much abused him with her tongue, and call'd for gin and beer. She seem'd to be pretty much in liquor. After that she sat down in a box, and he and she had a few ill words, especially from her. She seem'd to aggravate him very much. He asked for the key of his room door, to go home. She said you dog you shall not have it yet, I'll have some more beer before I go; then she call'd for half a pint of beer. He got up and struck her, while the boy was gone for the beer.

Q. Where did the blow fall ?

Tompson. I think under the jaw; it was not very severe, but a pretty sharpish blow. She sat on her seat about half a minute, or hardly so long, and then drop'd with her face on the ground, and rowl'd on her back, and made a little noise in her throat, and died.

Q. Was she drunk at that time?

Tompson. She was pretty full of liquor whilst I was in the house; which was about an hour. She drank gin two or three times; and she seem'd pretty full of liquor when came in. After she had laid some time-her husband came and looked at her; and they said she was very subject to his. They did not struck her dead at first.

Q. Was is a blow with to much violence, that had she been sober it would have killed her ?

Tompson. I don't think it would. I do not think he had a design to kill her, any more than I had.

Prisoner. He has not made any mistake; I can't ask him any thing more.

William Yarbury . I was present with the last witness at the Hat and Tun. There was the deceased merry, and in liquor. There came in a sidler; she insisted upon giving him a halfpenny, and she'd have a dance; the sidler play'd to her, and 2 other women joined with her in the dance; at last her husband came in and said she had better keep her money; she said you dog I'd do as I lease; and call'd him cagmag dog, and Welch dog, and struck him. After that she sat down in a box. Her husband had been out, and came in and said you have been drinking gin now; she said she'd have some more beer; he rose up and struck her; she rose up and pitch'd down on her face; he lifted her up, and call'd for some water, and said she is apt to be in fits; he put water on her face, and wiped her face; after some time we perceived she was dead; then they sent for the parish-officer and took him up.

Samuel Chapman . I am a surgeon. I was sent for by the coroner to inspect the body of the deceased. I found a bruise upon her forehead the breadth of half a crown. I cut through it, in order to see if the bone was fractured; there was no injury done to the bone. I likewise examined her jaw, but there was no injury there.

Q. How do you think she came by her death?

Chapman. The evidence seem'd not quite certain where the blow was given; and that she was greatly in liquor. The fall might contribute to her death, or the fall itself might occasion her death.

Prisoner's defence.

She has been troubled with fits nine or ten years, and has fell in the streets, and been taken up for dead. Please to call Mrs. Tompson again.

C. Tompson. She has had several sits. I have seen her in two. I believe her passion threw her into them. I know the man is a lab orious hard working man.

Acquitted .

29. (L.) Samuel Jackson was indicted for stealing one watch made of lane metal, value 42 s. the property of Daniel Caple , privately from his person , Nov. 9 . ++

Daniel Caple . I am a haberdasher , and live in Bishopsgate-street. On the 9th of Nov. last, between the hours of 7 and 8 o'clock, I was going with a sister of mine through Cheapside ; near Sadlers hall there were workmen erecting a stand for some company against the next day, being my lord mayor's day, and behind the stand there lay boards, that made the path very narrow; here stood the prisoner, with his back to me; we could not get along. I perceived his left hand directed behind him towards my pocket, there was no body near me but him; I began to suspect him to be a pickpocket, and immediately I felt my watch go out of my sob; immediately I siezed him by the collar, and said, you have got my watch; he said I know nothing or it. I called to the workmen for the assistance of their candles to search the prisoner; I searched his right and left pockets but stood nothing there; then I desired the workmen to look upon the ground; they could not find it. Then I went to take him to the Compter, with one of the men to assist me, and the workmen called after me, and said they had found it. I carried him to he Compter, and the day after my lord mayor's day I took him to the Mansion-house, and he was committed.

Richard Worsley . Mr. Caple called for a candle, I and others of the workmen went to him, and he had got the prisoner by the collar, and said this man has picked my pocket. We searched his pockets and about on the ground; but when Mr. Caple was going along with him to put him in the Compter, I picked it up about a yard from the place where the prisoner had stood. ( Produced in court and deposed to by the presecutor.)

Prisoner's defence.

Whether if this watch should lie in that narrow path it would not have been trampled to pieces; only think of that my good lord. When they had thrown me down by the house side, where they had tumbled me about the best part of half an hour, my good lord, after that there was a signal came that they had found it when I got to Bow church. I never stood still my good lord, I was going along, and going to put my head under a plank, there this man laid hold on me, and said you have got my watch; I said, if I have any I have yours; for, my good lord, I had no watch.

To his character.

Elizabeth Smith . I believe I have known him between three and four year: I wash for him. He gets buying and meading of stays; he always paid me very honestly; I never heard any ill of him.

Elizabeth Simmond . I have known him five years; he lodged in my house better than a year; he is a sober man as far as ever I heard.

Acquitted .

30 (L.) Henry Johnson was indicted for stealing one pair of men's leather shoes, value 4 s. the property of John and James Mezarue , Nov. 19 . ||

Guilty 10 d .

[Whipping. See summary.]

31 (M.) Thomas Merron , was indicted for stealing guineas, and 20 d. in money numbered , the property of James Haxley , Nov. 9 . ||

James Haxley . The prisoner was my servant , he draw'd beer for me about three weeks. About the 18th of October I missed some gold, I thought 9 or 10 l. He left me in August. On the 9th of Nov. my maid was in my bedchamber; she came down, and said, she thought she had heard some body at the chest. I went up, and found somebody had been there, and had strove to break my buroe; I went out of my house, my neighbours told me there had been somebody upon my house. I mistrusting the boy, went to his father's house and asked for him, but he not being at home his father came to me; then I charged the boy (who was with him) with robbing me of 10 l. the boy denied he had stole so much, but owned he had taken 7 guineas from me; and that the time my mind heard some body in the closet he owned he was there, and not having time to break open my buroe, he took a parcel of halfpence out of a bag that stood by, and he had been and hid them among some bricks in Lincoln's Inn Fields; where we went and found about 20 d. in halfpence; I have them now here.

Q. How old is the prisoner?

Haxley. I understand he is about 13 years of age.

John Cuningham . I heard the boy confess he was in the closet the time the prosecutor mentioned and stole the halfpence; and I saw the halfpence when they were brought back to the prosecutor's house.

Prisoner's defence.

I am not thirteen years of age.

Acquitted.

32. (M.) Hannah Curry , spinster, was indicted for stealing 1 cloth cloak, value 3 s. 2 linen aprons, value 1 s. 1 pewter plate, value 6 d. the goods of John Alsop , Nov ||

The prosecutor not appear.

Acquitted .

33. (L.) Isabella Buckham spinster , was indicted for the murder of her male bastard child . She like wise stood charged on the coroner's inquest for the midmurder. Nov. 22 . ++

Ann Smith . I am nurse in Faith's ward, Bartholomew's hospital . The prisoner was a patient there. I was sitting by the fire, she called to me to burg her the bed pan; she was then ill in bed, I did not know she was with child before; she had a loose stool in the pan, I took and emptied it. I went to the fire and heard her puking, I went and held the bed pan to her, and she pulled in it; I went and emptied it again, and put it by her bedside, and went to the fire side again. After that she called me to warm her a flannel petticoat to put round her waist, she desired me to pin it round her waist; told her I could not for fear of pricking her, and she did it on herself. I went and sat by the fire again; Molly Elger called to Peggy Bland , and said, do you not hear a child cry? Peggy said, yes, I do; the prisoner said, I hear one cry myself.

Q. When was this?

A. Smith. On the 20th of Nov. betwixt one and two o'clock. Some time after this the prisoner said, nurse, my sheets are all wet; I turned the cloaths down, and found the sheets all as they are when a woman has had a child. I said, God bless me, here has been a child; she said, nurse do not say such a thing, for I never had a child in my life. She bid me put the sheets out and have them wash'd, and she would pay for them. I took them to M. Elger, and said, look here, she says she never had a child; I said, where the child is I do not know. Then my sister, Mary Steward , told her, you have had a child, pray where is it, and sent for a midwife; she came and cleared her of the after burthen, I carried the bason to put it in. After that her white flannel petticoat was taken out of the bed, and we saw the print of the child in it where it had laid. After sometime she said, the man that drove the stage coach to Bethnal-green was the man, (but did not say he was her husband, or the child's father) and there are none but you (to me) and the people in the ward can save me.

Q. Did you ever see the child afterwards?

Ann Smith . I saw a child afterwards in the dead house in the coffin, but I will not swear that was the child.

Cross examination.

Q. Have you been mother of children?

Ann Smith . Yes I have.

Q. Have not people been in the same condition in miscarriages ?

Ann Smith . Yes, they have. I don't say that was her child.

Q. Did you see any childbed linen among her things ?

Ann Smith . I never looked among her things?

Mary Elger . I was a patient in the ward at the time. On Thursday the 20th of November between the hours of one and two in the morning, I heard a child cry.

Q. From whence did it come?

Elger. From some part of the ward.

Q. Did it come from where the prisoner lay?

Elger. I can't say that. I got up right in my bed, and said to Margaret Bland , Lord Peggy, don't you hear a child cry? she answered, and said, yes; and the prisoner said, Lord! Polly, so do I hear it.

Q. Did you ever see this child afterwards?

Elger. Yes, I saw it in the taking in room, when the coroner sat on it; I had seen it first in the dead house.

Q. How far was you from the prisoner?

Elger. About the distance of 6 or 7 yards.

Cross Examination.

Q. Can you take upon you to say it was the prisoner's child?

Elger. I would not say so for the world.

Q. Did not some of the people say they heard some young kittens cry the night before?

Elger. Some of them did.

Margaret Bland . On the 20th of Nov. at half an hour-after one, I sat upon my bed a coughing, and I heard a cry of a child; and Mary Elger called to me, and said, Peggy Bland , did not you hear a child cry? I said, yes, I did. Then the prisoner said to Mary Elger , Lord, Polly, I think I hear a child cry too. I laid myself down and heard no more.

Mary Lewis . I sent for the midwife, and saw the after burthen taken from the prisoner; and I saw tracks, all bloody, from the bed to the necessary house, but I saw no child till I saw one in the dead house; but I can't swear it to be the prisoner's.

Q. Did you see the prisoner go to the necessary house ?

Lewis. No, I did not. I saw a great deal of blood and matter on the sheets that were taken off her bed, and a round mark in the petticoat as if a child had been there.

Q. Did you see the sheets taken off the bed ?

Lewis. No, I did not.

Q. Did you see the petticoat taken out of the bed ?

Lewis. No, I did not.

Q. What time did you see this blood on the sheets?

Lewis. About five in the morning.

Cross examination.

Q. Had you any talk with the prisoner at the bar ?

Lewis. I asked her where was her child? she said she had never a one.

Q. Did she appear to be in her senses?

Lewis. I can't tell, for I was almost out of mine.

Q. to Ann Smith. Did the prisoner appear to be in or out of her senses at the time?

Ann Smith . I am not able to say which?

Mary Old . I was in the hospital at the time; I lay in the next bed to the prisoner I heard her very ill in the night, she groaned violently; I heard her get out of the bed to go to the vault twice, and come in again; I opened my curtain and saw her go to it, and shut the door afterwards. I saw the sheets taken off the bed afterwards; they were like a lying-in woman's sheets. I saw the flannel petticoat taken out of the bed; that was bloody.

Q. What hour was it you heard her groan first?

Old. It was very early in the morning; she awaked me out of my sleep, but I don't know the hour.

Q. Did you hear a child cry?

Old. No, I did not.

Cross examination.

Q. If a child had cry'd in the next bed to you, should you have heard it as soon as the groans of a woman.

Old. I can't say for that.

Q. Have you not known people in that extreme pain they are in at such a time, to be put out of their senses?

Old. I can't say I ever knew such a thing, it may be.

Q. Did you hear the other women say that they heard a child cry?

Old. I did not hear them say so then, but I heard them say so afterwards.

Q. to Ann Smith . How often did you hear the child cry ?

Ann Smith . I heard but one shriek.

Ann Wing . I was in the same ward with the prisoner; I saw her get out of the bed, and saw her turning from the feet of the bed, going into the vault between one and two in the morning; I did not see her come back again. I saw the sheets taken off the bed, they were very bloody, and so was the prisoner. I saw the flannel petticoat lying on the floor. There were clots of blood fell on the floor, which shook out of the sheets as they were taken out of the bed; there were all the symptoms of her having been delivered of a child. I did not see the child till it was in the hall; it was a fine boy.

Cross examination.

Q. Would not she have been in the same condition had she miscarried?

Wing. She might.

William Clutterburg . I belong to Bartholomew's hospital. There was a report there had been a child born in the ward where the prisoner lay, and the treasurer gave orders the vault should be searched. There was a piece of heavy iron fixed to a rope and let down; it stopped after it was gone a little way down, but by raising the iron and letting it down several times, the passage was opened; then we went to search the sespool; this vault vented itself on the left side; I ordered them to search, and soon a fine male child was taken out. I observed a wound on the side of the head, which I imagined was given by the iron instrument that was let down. It seemed to be a full grown child.

Q. Had it nails on its fingers?

Clutterburg. I think it had; and hair. It was as fine a child as ever I saw. It appeared to have been fresh thrown in.

Prisoner's defence.

I was not in my senses; I do not know what I said or did. Had I been in my senses I should have been very loth to have parted with it.

To her character.

Mr. Avery. The prisoner lived servant with me two years and three months; she believed modest, sober, honest and careful; I never heard her spell an ill word.

Q. When did she come to live with you?

Mr. Avery. She came the 4th or 5th of September was two year, and she imagined she had a dropsy, and went from my house to the hospital.

Acquitted .

34. (L.) Thomas Lampart was indicted for stealing 1 pound and 3 yrs. of a pound of copper, value 1 s. 6 d. the property of Christopher Shelton , Nov. 14 . ++

Christopher Shelton . I am a brasier . The prisoner was my journeyman about two months. On the 14th of November the prisoner was stop'd with some copper at the house of Mr. Child; he sent for me to know if I knew the prisoner. I said I did, he work'd with me; I was told there was some copper stop'd at his house, and the prisoner. I went and saw two saucepans unfinish'd, and some other pieces of copper. I have sworn the saucepans are mine. (produced in court, and a poled to) There is a piece of copper also, which he was at work upon the day before he was stop'd.

Q. How much copper is there of the two saucepans and that bit of a coal scoop?

Shelton. It makes in all about a pound and three-quarter. We took the prisoner before my lord-mayor the next day, but I did not swear to the thing; so he was remanded back to prison. On the Wednesday following I went again before my lord-mayor, and swore to them.

Q. Did the prisoner own at any time he took the copper?

Shelton. No, my lord, he did not.

Cross examination.

Q. What marks are on the copper?

Shelton. None. I know it by my own work, having a particular way in working.

Q. Why would you not swear then, and yet go and swear six days afterwards?

Shelton. I was very tender; and when I had made close inspection, I went and swore to it.

John Child . I live in Barbican, am a founder. On the 14th of November last I was sent for home; and there was the prisoner at the bar stop'd with this copper. I told him I was of opinion the things he brought me were not honest come by.

Q. Did he offer you this to sale ?

Child. Yes he did. The I ask'd him where he work'd (for I had once or twice sent my servants to watch him, to know where he work'd, but they could bring no account.) The saucepans were brought about six weeks before he was stop'd; he came only with a bit of copper then. My wife bought the two saucepans of him.

Mrs. Child. I bought these two saucepans of the prisoner at the bar; I gave him 11 d. per pound for them.

Q. to Shelton. Are these your saucepans ?

Shelton. They are my property.

Mrs. Child. He was stop'd on the 14th of Nov. with a small bit of a coal scoop, which be brought to sell amongst other metal. There is a pound and 3 ounces of it. He was stop'd upon this. I sent for my husband home, and we charged a constable with the prisoner.

Q. to Mr. Child. Where did he say he work'd?

Child. He told me he served his time with a brasier at Newbury, in Berkshire; but I found he served his time in London. When I found he worked with the prosecutor, I sent for him. So it came out.

John Voyaled . I am apprentice to the prosecutor. The piece of scoop and 2 saucepans are my master's property.

Prisoner's defence.

I have been a master for myself; and kept a house on the other side the water; they were all my own things (I had a great many things left when I left off.)

Christopher Eckland . I have known the prisoner upwards of two years; he work'd at my shop, and behaved honestly during that time.

Samuel Brotherton . I am a vintner. I have known him about five years; I never knew any ill of him.

Thomas Lampart . I am his father. I gave him 50 l. last Midsummer was twelve months, and he has had some pounds since. He was set up on the other side the water, and when he laid by trade, there was some copper left.

John Wapperman . I have known him about four months; he work'd with me, then he behaved very honestly.

Henry Gill . I have known him ever since he was born. I never heard any thing of him but what was just and honest.

Mr. Batchelder. I am a turner. I have known him 14 years. I never knew any thing of him but what was honest.

Mr. Alexander. I have known the prisoner almost three quarters of a year; he lodged with me that time. I never heard a word of ill given him.

Mr. Steward. I have known him 8 or 9 years; he served his time where I work'd; he behaved well at that time.

Guilty .

[Transportation. See summary.]

35, 36. (M.) John Baynham , and Sarah Clifton , widow , were indicted, the first for ravishing Elizabeth Broadben , spinster ; and the other for being present, aiding, assisting, comforting, and abetting the said John to commit the said rape , July 6 . ++

The Witnesses were examined apart.

Elizabeth Broadben I am fourteen years of age. Sarah Clifton was servant at our house, the house of Mr. Wisinthorp; he works Dresden work. There are nine children of us work for him. On the 6th of July our master's child was dead, and Sarah Clifton said it would look pretty in flowers; so I and Rachel Hannet went to Hannet's mother to get some; I was coming down St. Clement's-lane and heard Sarah Clifton laugh, but I did not see her; I saw a fellow apprentice's skirt of her gown in a house, so I went in there; I saw Sarah Clifton , she asked us if we were a dry; she gave us some strong beer, after that she called for some gin. I drank some; I never tasted any before. She had brought the other apprentice and master's daughter there; she bid them go home.

Q. How much gin did you drink there?

E. Broadben. A middling glass, and Hannet did the same. She asked us to go to a friend's house; we said, where; she said, just up the street; we went with her, and the other two went home. We went up Clare-market , and she took us to a publick house; she had hold of our two hands; she took us up stairs, and she called out John, or Thomas, bring a pot of beer. We did not stay a moment below, when we came up there was a man in the room.

Q. Was there a bed in the room?

E. Broadben. Yes.

Q. What man was in the room?

E. Broadben. The man at the bar. She took and locked the door, and put the key in her pocket; after the pot of beer was brought up she bid us both to undress ourselves.

Q. Did you undress yourselves?

Broadben. We asked her for why; and I said, I would not; then, she said, she would undress us for us. She took hold on me, and pulled off my things.

Q. Did you assist her in pulling them off?

Broadben. No, they were pulled off against my will; and after that she undressed Rachel Hannet . I cried out while she was undressing me, she first put her hand, then a handkerchief before my mouth, and tied it round my head; she pulled me on the bed, and the prisoner was on the other side. The cloaths were thrown up, then she put me in the bed; then he came into bed.

Q. Was he undressed?

Broadben. I did not mind that he was undressing himself, but he was naked when he came into bed.

Q. What did he do when he was in bed ?

Broadben. He said, don't you be frightned, my dear, I am not going to hurt you; he got upon me, and she was at the foot of the bed, and pulled my legs. I kept my legs as close as I could; she pulled my legs open, and held them open.

Q. Did she say any thing to you?

Broadben. She bid me open my legs, and I would not.

Q. Did she speak to him?

Broadben. No, I did not hear her.

Q. What did the man do?

Broadben. He put his private parts upon me at first.

Q. What did he do more?

Broadben. Then he put his hands upon my private parts; he put his fingers into my private parts.

Q. Did he put his private parts into you?

Broadben. Yes, he did afterwards.

Q. Are you sure of that?

Broadben. Yes, Sir.

Q. Did you observe any thing come from him?

Broadben. No, Sir.

Q. Did you find any thing particular?

Broadben. He made water upon me.

Q. How far did his private parts go into yours?

Broadben. Very far, as I thought.

Q. Did the woman hold your legs all the time?

Broadben. Yes, Sir, she did, at the foot of the bed, and I could not get loose.

Q. Did you make any resistance in order to hinder him?

Broadben. Sir, I strove as hard I could.

Q. How long did he lie upon you?

Broadben. I can't say how long; I thought it was very long.

Q. Where was the other girl?

Broadben. She was in the room by the window.

Q. Did the man hurt you?

Broadben. He hurt me very much.

Q. You say you drank some beer and gin, was you fuddled ?

Broadben. It made me a little giddy.

Q. Did the prisoner say any thing to you when you drank it?

Broadben. She asked me if I liked it; I said no.

Q. Was the handkerchief tied round your head all the time?

Broadben. It was, but not tight.

Q. Did you cry out ?

Broadben. I cried out sadly. She said before at undressing me, if I cried out any more, she would kill me almost; then I did not cry.

Q. When did he get out of bed from you?

Broadben. He did not; but when he had done I got out as soon I could.

Q. Did he say any thing to you at the time?

Broadben. He asked me if I liked it; I said no. He asked me if I would come again; I said if he would let me go I would. She let my legs go. When I got out of bed, I dressed myself, and asked to go home; Sarah Clifton would not let me go; she said she was going home, and bid me stay till she went.

Q. At what time was it he asked you if you would come again?

Broadben. At the time he was on me. After I was out, Rachel Hannet was pushed into bed. After that they had some beer, and asked me to drink. I said I wanted to be at home, and we all three went home together; this was on a Sunday.

Q. When did you see your master?

Broadben. He let us in. He asked us where we had been; we said we had been no where but at the girl's mother's.

Q. How came you to say so?

Broadben. Because Clifton said to us coming down the lane, if you ever mention this to any body I will kill you. He asked us whether any body had stopped us on the road; we said no body; he said, he'd ask her mother.

Q. What time did you come home?

Broadben. It was at candlelight.

Q. When did you acquaint any body with this?

Broadben. Our master complained we were naughty girls for cutting his thread; and he took notice of our whispering in the kitchen with Sarah Clifton , and going so often to the necessary house, and he enquired what was the matter; this he did many times, and we said nothing. There was a handkerchief missing, and master desired Sarah Clifton to stand at the door and watch to see who had it. Clifton wanted all the girls to lay it upon one girl. There came a gentleman, a relation of Clifton's, to enquire about it. Then we told our master we would tell him, but we were afraid; he said nobody will hurt you. We said we were afraid, for it was somebody in the house. Then he said, whoever they were they should not stay in the house a minute, if we would tell the truth. Then we both named Clifton, and told some of it; we told him about our being at the house with the prisoner Clifton; after some time we told the whole; but it was by degrees.

Q. Have you seen the prisoner Baynham since that?

Broadben. Yes, I did twice. Sarah Clifton sent me for some china to the Three Compasses, where she had borrowed it, then I saw the prisoner in a room; this was about three weeks after.

Q. Was any body in that room with him?

Broadben. No.

Q Did he kiss you, or offer to play with you?

Broadben. No. He said don't you remember I was with you above stairs; and as I was once going for some beer (as I used commonly to go of the errand.) it was dark, I met him; he asked me if I knew him (there was a lamp? ) I look'd up to his face, and said I do. Then he asked me how Sarah Clifton did, and desired I would bid her bring the other two girls that she had promised to bring.

Cross examination.

Q. Where is this Three Compasses?

Broadben. In Little-Wild-Street.

Q. How came you to know the house?

Broadben. Because Clifton took me to that house once before.

Q. Had you ever seen the prisoner before the time you say he used you ill?

Broadben. No, I never did.

Q. What colour were the bed curtains?

Broadben. By candle-light they were green.

Q. How long did you stay at Putney ?

Broadben. Till about half an hour after four.

Q. How did you describe the man first ?

Broadben. I described a tall man pitted with the small-pox, his hair tied with a ribbon, and it curl'd on each side.

Q. How was he dressed?

Broadben. I do not know.

Q. Who brought up the beer?

Broadben. I was in bed when the last came up; it was brought up by a fat, lusty, shortish woman; Clifton said it was Mrs. Harrison; I did not see her face.

Q. Where was the other girl when you was in bed?

Broadben. She was sitting by the window, I believe.

Q. Was her mouth tied with a handkerchief ?

Broadben. No, it was not till afterwards; but I saw Sarah Clifton put her hands before her mouth when she was undressing her.

Q. Had not that girl an opportunity to cry out?

Broadben. She said she was affrighted, seeing how I was used.

Q. How came you to charge Clifton before the justice with a rape, when you went about a robbery?

Broadben. I had told my master it before.

Rachel Hannet . I am turn'd of 14 years of age; my mother keeps a school at Putney. I and Elizabeth Broadben were sent to her in July last, for a nosegay to bury my master's child with; and we returned the same evening. When we came into the lane that leads to my master's house, I heard Sarah Clifton laugh; and Elizabeth Broadben saw the sleeve of one of my fellow-apprentices in a house; so we went in (there was my master's daughter along with them) We staid there I believe above halfan hour, and all came out of the house together. (the name of the other apprentice is Ann Forbis .) Clifton sent my master's daughter and her home; and then asked me and Broadben to go to a friend of hers. We went with her to the Three Compasses in Little-Wild-Street, and up stairs.

Q. Who did you see up stairs?

Hannet. There we saw John Baynham and three girls. Clifton shut the door, and I believe lock'd it.

Q. Did you know the three girls?

Hannet. No, I did not. Clifton began to undress us.

Q. Where were these three girls then?

Hannet. They were in the room.

Q. In what part of the room?

Hannet. They continued in the window.

Q. How old were they?

Hannet. I can't tell the age of them; one was as big as me, the other as big as Elizabeth Broadben , the other less; I was talking to these girls when Clifton was undressing Broadben; she undressed her to her shift.

Q. Did Broadben make any resistance?

Hannet. She cried out; but she did not leave off undressing her; she did it by force. Then she took and put Broadben by the bedside, and took and undressed me. After she had undressed me she put Broadben into bed.

Q. Was the man in the room at the time of your first coming in?

Hannet. He was undressing himself.

Q. Where was he when she was pushed into bed?

Hannet. He was then in the bed.

Q. Where was you when she was in the bed?

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 Thursday the 4th, Friday the 5th, Saturday the 6th, Monday the 8th, Tuesday the 9th, and Wednesday the 10th of DECEMBER.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER I. PART II. for the YEAR 1756. Being the First SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street, 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.

Hannet. I WAS sitting by the bedside, crying.

Q. Did you see any body at the feet of the bed?

Hannet. I did not mind; I was looking at Elizabeth Broadben .

Q. What did you see ?

Hannet. I saw the man get upon her ?

Q. Did you hear him speak to her?

Hannet. He whispered.

Q. What was Clifton doing at the time?

Hannet. She was holding Broadben's legs with both her hands (and open'd them) when he got upon her.

Q. Where did Clifton stand at that time?

Hannet. At the side of the bed.

Q. Were the cloaths on her then, or was she naked?

Hannet. The cloaths were not upon her; she was in her shift, and he in his shirt.

Q. How far was the window from you?

Hannet. That was by the fire-side; so was the bed.

Q. Where were the three girls the time they were in bed ?

Hannet. They sat in the window.

Q. Did Broadben cry out when she was in bed?

Hannet. She did.

Q. Was there any thing on her face ?

Hannet. Sarah Clifton put her hand to her mouth first, and after that she put a handkerchief, and tied it behind.

Q. How long was she in bed with the man?

Hannet. I can't tell. I believe about an hour. When she came out of bed Sarah Clifton push'd me into the bed.

Q. Was Clifton and you both on one side of the bed?

Hannet. No. I was on the other side.

Q. What did the three girls do at this time?

Hannet. They were laughing.

Q. Had you any beer in that room ?

Hannet. When Sarah Clifton went up, she said John bring a pot of beer directly. A man brought up one. After that there was another pot of beer brought up.

Q. Who brought that up?

Hannet. A fattish sort of a woman.

Q. How long did you stay in the room ?

Hannet. I can't tell justly.

Q. Do you think you might be there an hour and half?

Hannet. I believe longer.

Q. What time did you go there ?

Hannet. When we went there it was duskish.

Q. What time did you go away?

Hannet. When we went away the candles were lighted up.

Q. What o'clock was it when you went home to your master's house?

Hannet. I believe it was past ten, but I can't be sure.

Q. Did you all three go home together?

Hannet. We did.

Q. Did Clifton say any thing in going home?

Hannet. She threatened to murder us (if we told) as we were going along.

Q. Was that the reason why you did not speak of it?

Hannet. It was.

Q. Who open'd the door to you?

Hannet. My master did, I believe, but am not sure.

Q. Did he say any thing to you after you got home?

Hannet. He bid us come to him; and ask'd us where we had been, and what made us stay so long.

Q. What did you tell him?

Hannet. I told him a lye. I told him we came late from my mothers.

Q. Was you not in some confusion when you came home?

Hannet. I was in a little.

Q. How came this affair to come to your master's knowledge?

Hannet. I told him. He found his substance cut to pieces and wasted; and miss'd things. And on making enquiry amongst us [there was a great noise about things being missing] we were obliged to tell.

Q. How came this report of your being used ill at the Three Compasses to come out?

Hannet. Because we used always to be sighing and crying; and he asked us about his things which he miss'd; and I told him that Sarah Clifton had got his things. So he went before justice Cox, and I believe the justice found the rape out.

Q. Do you remember any thing of the rape being talked of before you was at justice Cox's?

Hannet. I gave my master a little account of it; he examined me a good deal, and said he would forgive me if I would tell the truth; and I said I would tell him the whole truth about the things, and a little more.

Q. What did you mean by that little more?

Hannet. Then I told him something about this affair.

Q. What was Sarah Clifton carried before the justice for?

Hannet. She was carried there upon suspicion of a robbery. My master had turned her out at one in the morning, and would not have prosecuted her; but when she was out, I told him something about the rape.

Council. So then the whole came out by degrees ?

Hannet. It did.

Cross examination.

Q. What are the names of the three girls that were in the room?

Hannet. I can't tell their names. I can only tell their Christian names, one was Polly, the other Betty, and the other Jenny.

Q. Where do they live?

Hannet. I don't know where they live.

Q. How were they dress'd?

Hannet. They were dressed fine.

Q. How came you to know their names ?

Hannet. I went up to them; talk'd to them; ask'd them their names, and they told me.

Q. Did they enquire about Broadben?

Hannet. They did not much enquire about her; she was in bed.

Q. Was this a fore-room or a back room?

Hannet. It was a fore-room.

Q. How did you go up stairs ?

Hannet. Clifton went up first, and we followed her.

Q. Were you close to her, or farther behind ?

Hannet. We were close to her.

Q. Had you hold of her, or she of you ?

Hannet. I don't know which now.

Q. Was you sober ?

Hannet. I was a little giddy.

Q. Describe the dress of the three girls.

Hannet. One was dressed in a silk gown.

Q. What was her name ?

Hannet. That was Polly; she was dressed best.

Q. Had the man a wig or his own hair?

Hannet. I saw him put a cap on. When we first came out I said it was his own hair.

Q. What else did you say then ?

Hannet. I said it was tied behind.

Q. What colour was the cap he put on?

Hannet. It was a white cap.

Broadben having said nothing about three girls being in the room, she was sent for in, and Hannet put out of court.

Council for the Prisoner, to Broadben. How many pair of stairs did you go up at the Three Compasses ?

Broadben. We went up only one pair.

C. for Prisoner. When you went up into the room, who did you see there?

Broadben. There were two or three girls.

C. for Prisoner. Where was Sarah Clifton standing when she open'd your legs?

Broadben. She was at the feet of the bed.

C. for Prisoner. How long were you in the room?

Broadben. I can't tell how long; it was very long as I thought.

C. for Prisoner. Where were these three girls when you was in bed?

Broadben. They were sitting up in the window.

C. for Prisoner. What hour was it when you got home to your master's?

Broadben. I can't tell the hour.

C. for Prisoner. What time was it when you came to the Three Compasses?

Broadben. It was duskish then; and it had been raining?

Council for the Crown. Was it a back or a fore-room, can you tell?

Broadben. I can't tell; I did not look at the window.

C. for Crown. What were the girls names ?

Broadben. I never saw them before or after.

C. for Crown. How were they dressed ?

Broadben. They were dressed very tight and neat.

C. for Crown. Were you cover'd or uncover'd when you was on the bed?

Broadben. We were cover'd with the bed cloaths all the time.

Council for Crown. Where was Rachel Hannet ?

Broadben. The girls call'd her; and ask'd her if she should like to be their sister, and to come and live with them.

C. for Crown. Were the curtains of the bed open or close?

Broadben. They were not draw'd very close.

C. for Crown. Had the prisoner his hat on when he went to bed?

Broadben. No, he had a cap.

C. for Crown. Did he pull a wig off?

Broadben. No, Sir.

C. for Crown. Where was Rachel Hannet when you was put in bed?

Broadben. She was by the side of the bed.

C. for the Crown. Where was she when Clifton held your legs?

Broadben. I believe she was by the window.

C. for Prisoner. Had you any conversation with the girls when you got up?

Broadben. No, I had not. They asked me if I should like to be their sister, and to be as finely dressed as they were. I answered them but once; I was affrighted.

Charles Washingthorp . Sarah Clifton lived with me as a servant; and looked over the children, to manage them. We had a little disturbance at our house about some goods that were missing.

Q. Did the two girls Broadben and Hannet belong to you?

Washingthorp. Yes, they are apprentices. I have nine young girls in all. I found Clifton did not behave herself so well as she should; she begun to get drunk, and behaved very insolently. I gave her warning. After that, I found the girls behaved themselves naughty; instead of minding their work they would tear their work in pieces, and spoil a good deal of thread. They were lazy. When I found out the girl that did the mischief, I gave her correction. The things that were missing from day to day, the girl that cut the thread took upon herself. They told me there was a gang about the house that received the things. I enquired farther. I asked these two girls how they came to do these things; and by moving their Consciences, I began to discover it. But they would not tell me, till I had promised them the prisoner should not be any more in the house. Then they told me that she set them on to take the things away for her, because her time was almost out; and that she bid them provoke me as much as possible, that I might use them ill; and she would set up a cook's shop, and they might run away, and come and be with her, and they should have fine cloaths and live in pleasure. They told me part of this affair at my house, and made a more full discovery at justice Cox's.

Q. Did the two girls agree in their story ?

Washingthorp. They did exactly.

Q. Did they tell you what was their indocement to cut the thread?

Washingthorp. Only to plague me, and to cause me to use them ill, and then they would run away.

Q. Does your work require young girls to do it ?

Washingthorp. It does a great many.

Q. What is your business ?

Washingthorp. It is Dre work. I went to justice Cox, being a foreigner, and desired his assistance. He sent his clerk, and he examined the girls; and they made the same discovery to him they have mentioned here. When the clerk found the thing so bad, he would have them before the justice. They were carried there, and he examined the woman and committed her.

Q. How came you to find out the man at the bar?

Washingthorp. By the description the girls gave of him.

Q. Were the girls searched by the direction of the justice?

Washingthorp. They were, by a woman.

Q. When was this?

Washingthorp. It was several days before last sessions.

Cross examination.

Q. What sort of a man did the two girls describe ?

Washingthorp. They described a tall man pitted with the small pox, in his own hair.

Q. to E. Broadben. Was you abused by the man at the bar?

Broadben. I was very much.

Q. How abused?

Broadben. In my private parts.

Q. Are you very sure no man ever had laid with you before that time you mention.

Broadben. I am very sure no man ever did.

Susannah Sanders . I happened to go with a friend of mine to justice Cox's; I can't charge my memory with the day; there was another person called upon to examine these two girls Broadben and Hannet. I said to the clerk when he had sent them up stairs, may I go up; he said yes. I went up, and the woman and I examined them; we both gave our opinion before justice Cox that the children had been pressed upon by a man. There was a great relaxation.

Q. What do you mean by being pressed upon?

Sanders. I mean I apprehend a man had lain with them, especially Rachel Hannet; the other was not so much hurt as she was, but she appeared to have been lain with. I apprehend a man had forced both their bodies.

Baynham's defence.

A few days before I was taken up I went into the Three Compasses; the people of the house were talking of the affair of these two girls. I asked the landlord of the house who the man was; the landlord said, They will as soon swear to you as any one else if you wear your own hair. After that a man came into the house, and asked for a watchmaker with his own hair tied behind. Mrs. Harrison said there was a lawyer came about it. I went down to Brooks market, and found the man that he came to enquire for; I said don't come into the neighbourhood; he said, never you mind it for I do not. Then we came in there together; then the lawyer, named Mr. Tew, came in again and asked for Baynham; I said, my name is Baynham; he said he should be glad if I would stay, and clear myself, till he came in again, for you are (says he) of the same name, tho' I don't believe you are the same person. Then he came again, and brought with him Elizabeth Broadben, and she said I was the man. Then Rachel Hannet came, and it was half an hour before she would say it was any body; and if Broadben had not spoke first, I believe she would never have said it was me. Then I was taken away to the justice.

Clifton's defence.

I never was at the Three Compasses with the a girls together in my life, neither was I ever up stairs in that house.

Q. to E. Broadben. What sort of a woman was it that brought up the beer?

Broadben. It was a fattish sort of a woman.

Q. Could you recollect her face?

Broadben. No, I could not.

John Harrison . I kept the Three Compasses in Little Wild-street till last Good Friday. I remember the 6th of July we had no company in our one pair of stairs room.

Q. What day of the week was it?

Harrison. It was on a Sunday. I was at home all that day, and had the key of that room door in my pocket all the afternoon, and was never out of the house.

Q. How many are there of your family?

Harrison. Only my wife, myself, and a maid.

Q. Who else of you was at home that afternoon?

Harrison. The maid; my wife went out.

Q. How many rooms have you on a floor?

Harrison. We had but two on a floor.

Q. Have they both beds in them up one pair of stairs ?

Harrison. Only one has a bed; and that is backwards; the other is a club room.

Q. What colour is that bed furniture?

Harrison. It is blue.

Q. Where was your wife gone?

Harrison. She was gone to a christening at Christ-Church. She stood godmother.

Q. Had you company below that day?

Harrison. There might be company drinking below. I remember my wife was obliged to walk it home. It rain'd very hard, and she could not get a coach.

Q. What sort of a woman is your maid?

Harrison. She is a tall and thin.

Q. Do you know both the prisoners at the bar?

Harrison. I do. I have known Clifton some years. The man I have known since I came to that house.

Q. Did you see Clifton at your house that day?

Harrison. No. I did not. I saw Baynham in the morning.

Q. Did you see the girls in your house that day?

Harrison. No, I did not.

Q. Did you see three other girls in your house, some of them finely dress'd, that day ?

Harrison. No, I did not.

Cross examination.

Q. Do you live in that house now ?

Harrison. No. I have left it.

Q. How came you to leave it?

Harrison. The custom did not answer.

Q. How long did you live in it ?

Harrison. Very near three quarters of a year. I am not in business now. I am a lodger.

Q. How do you get your living now ?

Harrison. I have not been out of business long. My goods were seized upon.

Q. You are not a prisoner, are you ?

Harrison. No, I am not.

Q. Look at the two girls. Do you know them?

Harrison. No, I do not. I never saw them in my house till Mr. Tew the attorney came with them; he brought them to me, and told, me what they had said; and said if the thing was done in my house, I must know them; he told me they said it was done by a tall man with his hair tied behind. After that the prisoner came in and said you may as well say it was me. Mr. Tew gave the girl a little bit of a tug. Yes, said she, that is the man.

Q. Before Mr. Tew came there, did not you advise him to get out of the way?

Harrison. No, I did not.

Q. Did the prisoner wear a wig or his own hair then ?

Harrison. He wore a sort of a brown wig.

Q. Can you account for that odd expression of his in saying (you may as well say it is me?)

Harrison. He did say so.

Q. Did you never give him advice to go out of the way?

Harrison. I was sure it was not done in my house.

Q. Did not you say to him some time before, Mr. Tew had been at your house, and had enquired for one Baynham, and said he was described to be a man in his own hair, that was charged with a rape?

Harrison. No, I never did.

Q. Whether or not you did not lend Clifton some china, and the girl Broadben came and fetched it?

Harrison. They never ask'd me for any china, and I never lent them any.

Frances Jones . On the 6th of July last I lived with Mr. Harrison at the Three Compasses in Little-Wild-Street.

Q. What day of the week was it?

Jones. It was on a Sunday.

Q. What company had you up one pair of stairs that day?

Jones. We had none up stairs at all.

Q. How are your master's rooms situated?

Jones. The room the girls swear to was lock'd that day. There was no body that day in that room.

Q. Did you hear them give their evidence?

Jones. No, I did not.

Q. Where was your mistress that day?

Jones. She was gone to a christening.

Q. What time did she return home?

Jones. She return'd home after twelve at night. It was a very wet night.

Q. Do you know these two girls?

Jones. No, I do not. I never saw but one, and I can't swear to her.

Q. Do you remember a circumstance of borrowing some china?

Jones. I do; but I don't know which girl it was; neither do I remember seeing her there but that once.

Q. Was it usual to keep that room lock'd up?

Jones. It always was, and I always kept the key. If any body had been there, I must have known it.

Q. Did not your master use to keep it?

Jon es. No, he never did. He only keeps the key of his own room.

Q. Is his own room a one pair of stairs room ?

Jones. It is the fore room.

Q. Was there a bed in that fore room?

Jones. Yes, but my mistress had that key out with her, in her pocket.

Q. Did you ever see any young girls there, or women of the town?

Jones. No, I never did.

Q. If there were seven people up stairs in any of the rooms at any time, whether you must not know of it?

Jones. I can't swear to that; this Mrs. Clifton was never up those stairs, to the best of my knowledge.

Cross examination.

Q. What religion are you of?

Jones. I belong to the church.

Council. What church, the church of Rome?

Jones. Yes.

Q. Does Mr. Harrison belong to that church?

Jones. Yes, he does.

Q. Does his wife?

Jones. They all do.

Q. Is there a bed in the fore room?

Jones. No, there never was.

Q. How long did you live there?

Jones. I lived there thirteen weeks.

Q. What colour is the furniture of the bed?

Jones. Blue.

Q. When did you go to live there?

Jones. I think I went there in June, and have been come away almost a quarter of a year.

James Lancester . According to the register of the child's age which was baptised at Christ-Church, by the hospital, it was the 6th of July Mrs. Harrison was godmother and I godfather; the child was baptised about five o'clock; we got there about four, and went away about eleven. It rained very hard; and it was near twelve when she got home.

Cross examination.

Q. Was there another godfather?

Lancester. There was. His name is Thomas Carter ; he is cook at a tavern, and his master will not let him come.

Q. How came you to remember it was the 6th of July?

Lancester. The mother to the child searched the register, and told me so.

Mrs. Harrison. On the 6th of July last I was at the baptising of Mr. Carpenter's child at Christ-Church, in the city. I stood godmother.

Q. Where does Mr. Carpenter live?

Mrs. Harrison. I can't say the name of the street. I went from home a little after three o'clock, and did not return till about twelve at night.

Q. Who were godfathers with you?

Mrs. Harrison. I can't say I know their names; one was such a name as Glanister, but he is here.

Q. Who keeps the key of the one pair of stairs room that has a bed in it?

Mrs. Harrison. My husband had it that day; I always leave it with him when I go out.

Cross examination.

Q. Do you very often go out?

Mrs. Harrison. I never do, but when I go to church; then I go one Sunday, and my husband the other.

Q. What church do you go to?

Mrs. Harrison. I go to chapel.

Q. What, a popish or a protestant chapel?

Mrs. Harrison. A protestant chapel. I am a protestant.

Q. Where is it?

Mrs. Harrison. It is in Great Queen-street.

Q. Is your husband a protestant?

Mrs. Harrison. Yes, he is.

Q. to Elizabeth Broadben . Look at this woman, do you know her?

E. Broadben. I do, this is the woman that I fetch'd the china from.

Q. to Mr. Harrison. Do you know this girl?

Mrs. Harrison. I do. Sarah Clifton brought this girl to me once; after that she sent her to borrow half a dozen china cups and saucers, and I had them back again.

Q. Was your husband at home any time when that girl came to your house?

Mrs. Harrison. I don't know that.

James Dalton . I am a barber and perriwig-maker. I have shaved Baynham from last April.

Q. Did you dress his hair?

Dalton. No. I never saw his hair an inch long since I knew him. He has wore that wig ever since last Christmas, which he has on now; and since I first knew him it is above a year.

Q. What trade is he?

Dalton. He is a taylor.

Cross examination.

Q. Where do you live?

Dalton. I live in Great Wild-Street.

Q. Did you never cut Baynham's hair ?

Dalton. No, I never did. I have shaved his head.

Q. How came you to remember that?

Dalton. Because I used to see him every day.

Q. How often did you use to shave him?

Dalton. Once a fortnight.

Q. What religion are you of?

Dalton. I am a Roman Catholick .

To Baynham's character.

Thomas Fryer . I have known Baynham thirteen years. I know he has wore a wig these five years. He lodged seven years and more in my house, in Lincoln's-Inn-Fields. I sold him a wig five years ago.

Q. What is his general character?

Fryer. He is a sober man, and bears a very good character.

Mr. Tringfellow. I am a stay maker, and live in Little Wild-Street.

Q. Did you ever employ Baynham?

Tringfellow. No, never; he lodged with me.

Q. How long?

Tringfellow. Not quite a fortnight. He just came to my house before this unhappy accident.

Q. How long have you known him?

Tringfellow. I remember him better than two years. I never saw any thing of him but what was very well, as to his behaviour; he kept regular hours. I never heard him swear an oath, or speak an immodest word in discourse.

Q. Did you ever see him wear his own hair ?

Tringfellow. No, I never did.

Q. What religion are you of?

Tringfellow. I am a Roman Catholick .

Walter Lack . I have known him about three quarters of a year.

Q. What is his general character?

Lack. It is very good for what ever I knew.

Q. What is your business?

Lack. I am a taylor.

Q. Have you ever employ'd him?

Lack. Never above two days.

To Clifton's Character.

Edward Swan . I have known Clifton about 6 or 7 months. She used the White-Hart as she went to market. I never heard an ill character of her in my life.

Sarah Hasllniest . I live in St. Clement's-Lane, and have known her 3 or 4 months. I never heard any ill of her.

James Clayton . I have known her 10 years. She lived cook to general O'Farrel, and had a very great trust upon her in the care of his house. I used, at that time, to carry the general, being his chairman. I never heard any thing to the contrary, but that she was a very honest woman. After that she kept an eating house in the Hay-Market, where I frequently used to call and dine.

Q. Have you seen her lately?

Clayton. What she has been for this year past I can give no account of.

Peter Joanah . I knew her when she lived in the Hay Market. She lived in very good character there.

Q. Where did you live?

Joanah. I then lived over against her.

Mrs. Harrison again. I lived with her aunt in Shropshire; there began our first acquaintance. I never heard a bad character of her till this affair; and I have been acquainted with her 30 years.

For Baynham.

Hen. Baynham. I have known Baynham these 10 years; and, ever since I knew him, he bore an extraordinary good character. I remember, on the 6th of July I saw him at one Chapman's, in Dean-street, who let him blood that day, between 11 and 12 o'clock.

Q. Where do you live?

Baynham. I live in Little-Wild-Street.

Q. What was he let blood for?

Baynham. He said he was very sleepy, and had and itching in his blood. He came home with me to my lodgings; I asked him to dine with me: he said he must go a little way. He went, and returned about 1, and never was out of my lodgings till 9 at night. I lodge at the house of Mr. Gray, a brewer.

Cross Examination.

Q. What is your religion ?

Baynham. I am of the church of Rome.

For the Crown.

Hen. Raminger. I was at the taking John Baynham . I carried Eliz. Broadben, and the other girl, one after the other, to the Three Compasses, in Little-Wild-Street. First I carried Broadben: I told her, I should bring her to Mr. Harinson's house; and there were a great many people there, and bid her take a great deal of care, whom she pitched upon; because that man she pitched upon would be hanged.

Q. How many people might be there?

Raminger. There were, I believe, 14 men and women. I believe there were 10 men. The child looked round, and pitched upon the prisoner Baynham immediately, and said, This is the man.

Q. Did any body touch the girl, at the time, to give her Information ?

Raminger. I did not see any body touch her; I took particular care of that. Afterwards I desired one of their company to go along with me, to see that I did not temper that child; so we went and fetched the other child. I told her the same I had done the other. We brought her there. She went into the room, and, I believe, she was 3 or 4 minutes, and looked about, but would not speak. We pressed her to say, whether the man was in company or not. In the mean time there came an attorney in. He went between the prisoner and the girl, I thought, to baffle the thing. We turned him on one side, to let the child have fair play. Then I asked the girl, whether the man was in company, or not. She said, Yes. I said, Which is the man? Point him out. She would not. I said, Where is the man? She said, He stands by the fire. The prisoner had got up from the table, and put himself between two, and stood by the fire. I said, There stand three or four by the fire. Is it he with the pint mug in his hand? She said, No. I said, Which is the man? Is it this? meaning the prisoner. She said, Yes, that is the man.

Q. Who took the two girls into the house?

Raminger. The attorney took the biggest, and I the least, which was Hannet. They took us up stairs, and shewed us a back room, and said, This is the room. One of them said, Here lies a mat, which I tumbled over. They said, The bed did not stand this way. We looked about, and said, The room may be altered. There lay curtains in the window; when they were taken down we did not know. At going up there is a long entry, and the turnings make it very difficult to find out which is the fore room.

Q. Was the Door open when you went up ?

Raminger. It was.

Q. to Broadben. Look at this woman (pointing to Mrs. Harrison) is this she that carried the beer up to you?

Broadben. I did not see her face.

( Hannet was asked, and answered the same.)

Q. from prisoner's council. Who carries on this prosecution?

Raminger. It is not me.

Council for the prosecution. I'll tell you whom it is: it is Mr. Charles Washingthorp .

Both acquitted .

The Day after the trial the two girls denied all they had sworn, and said, Their master had debauched them, and put them upon swearing as they did; upon which he was committed to Newgate.

37. (M.) Rebecca Chinnery , spinster , was indicted for stealing one silver pint mug, value 30 s. one silver punch ladle, value 10 s. and one silver table spoon, value 10 s. the goods of James Ramsey , Nov. 14 . +

Eliz. Ramsey. I am wife to James Ramsey . The prisoner had been my servant 4 days. On the 14th of Nov. I missed the things mentioned. She went away over-night. I went in pursuit of her, and found her. I asked what she had done with the things (mentioning them.) She told me, she had pawned the mug, and sold the spoon and ladle. She went with me to a pawn-broker, named Prenton: there I found the mug. From thence we went to Mr. White's, a silver-smith in Wapping-Street, where, they owned, they had the other things.

Will. Prenton. One Margaret Lyng brought this mug to me (Producing a silver pint mug.)

Eliz. Adkerson. The prisoner and Lyng brought a punch-ladle and spoon to me, on the 14th of Nov. The prisoner had no hand in making the bargain. Mrs. Lyng said, They were honestly come by, and belonged to a creditable housekeeper. Mrs. White, my mistress, desired her to let me go with her to that house-keeper. She said, We need not doubt what she said; so I did not go. After that Mrs. Ramsey came, and the prisoner with her, and we delivered them up. (Produced in court.)

Q. to prosecutrix. Look at these things here produced. Do you know them?

Prosec. They are my property.

Margaret Lyng . On the 14th of Nov. at 6 at night, the prisoner brought into my house a silver spoon and punch ladle; and said, A gentlewoman had given them to her to sell, and desired me to go along with her to sell them. Then she desired I would go along with her to pledge the mug. I said, Will it not bring me into trouble? She said, That will be fetched out on the morrow. Then I went with her to Mr. White's. I sold the spoon and ladle for 22 s. These are the very same produced here. I went with the prosecutrix and the prisoner to demand them.

Q. Was the prisoner with you when you pawned the mug to Prenton ?

Lyng. No, she was not; but I did it by her order.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

38. (M.) was indicted for that he on the king's highway on John Upton did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one metal watch, value 20 s. one cornelian seal set in gold, value 10 s. one iron key, value 1 d. and 11 s. in money numbered, his property , October 23 .*

John Upton. On the 23d of October, I was upon the road, about Shepherd's Bush ; a little after 6 in the evening, a single highwayman stop'd me. It being about dusk I could not discern the person, so I cannot swear to the prisoner.

Q. What was you rob'd of?

Upton. Of a metal watch, maker's name White, a cornelian seal set in gold, and 11 s. in money. The seal had a head on it.

Q. Did you make any pursuit after the person that rob'd you?

Upton. No, I did not.

Q. What was the number of the watch?

Upton. I do not know.

Q. Which way did the man take after he had rob'd you?

Upton. He went towards Acton, and we came to town.

Q. Who was with you?

Upton. A young gentleman that is now at Oxford.

Q. Did you ever see your watch since ?

Upton. I saw it about the beginning of this week. It was advertised, and I went to justice Fielding's, and there I saw it.

Q. Have you seen the seal since?

Upton. No, I have not. (The watch produced in court.) This is the watch which I lost at that time.

Cross Examined.

Q. How do you know it to be your watch ?

Upton. By a stain on the back of it, and the glass not shutting close.

Q. How long have you had it?

Upton. I have had it about 4 or 5 years.

William Norden. The prisoner was apprehended last Monday was sennight. I was ordered to search him in Mr. Fielding's office: I took this watch, and two others, out of the seat of his breeches, wrap'd up in an old news paper, in the tail of his shirt. Justice Fielding asked him, how he came by them: he said, He found them in St. James's park, at the root of a tree.

Cross Examination.

Q. What are you ?

Norden. I am an officer in the Palace court.

Q. How came you to search this prisoner ?

Norden. I had him in custody, he having been arrested before we took him before justice Fielding; and there were pistols found in his pocket: so he was taken before Mr. Fielding on suspicion.

Q. Are you a thief catcher ?

Norden. If you will define what a thief-catcher is, I will tell you.

Q. Are you employed to go and apprehend people charged with felony?

Norden. I have apprehended a good many in my life time.

Q. Who was with you when you took the watch from the prisoner?

Norden. There were several there. Here is a man in court, his name is Hull, who was by.

Will. Hull. I was in Mr. Fielding's office, when Norden searched the prisoner. I saw him take out three watches, from his breeches, wrap'd up in a news-paper.

Q. What did the prisoner say upon that?

Hull. He said he found them in a news-paper, within an old handkerchief, lying at the root of a tree, near the Mall, in St. James's park.

Q. Do you know how he came to be apprehended?

Hull. I had a writ against him, and was at the arresting him, at a coffee-house in the Strand; and going along with him, by the corner of St. Martin's-Lane, his coat knocked against me. I said to Mr. Breaden, I believe the gentleman has got pistols in his pocket. We both laid hold on the skirts of his coat, and found pistols. We took him to Peal's house, near St. James's-Church, and locked him up. I was desired to go and acquaint his father of it; for he was arrested by the desire of his father: but, when I was gone, the pistols were taken out of his pocket.

Cross Examination.

Q. Are you a thief-catcher?

Hull. I never was employed in apprehending thieves in all my days.

Q. What are you?

Hull. I am a Marshal's-court officer.

Q. Was the debt paid afterwards?

Hull. The money was paid in about half an hour after he was arrested.

Prisoner's Defence.

The reason why I had pistols in my pocket was, I was told a gentleman called me coward in a coffee-room, and I was determined to call him to an account for it. The night before I was taken, I was walking in the park very solitary, and found the watches wrap'd up in that paper, and an old rag, betwixt the walk and the mall.

To his Character.

William Northwood. I have known the prisoner ever since he was born.

Q. What has been his character ?

Northwood. I never knew any thing of him, but what was very honourable and just, till this time. He has been frequent in my shop; he has always kept the best of company. I never knew he kept bad company in my days.

Q. Where do you live?

Northwood. I live in Gutter-Lane, Cheapside.

Richard James . I have known him six or seven years; his behaviour has been very well. He used to come to me in an evening. He behaved always in a gentleman-like manner.

Q. What has been his general character?

James. His character has been extraordinary good.

Q. Was he looked upon as an honest man?

James. That was his character.

Mr. Ferne. I have known him fifteen or sixteen years, or upwards, and have been acquainted with him.

Q. What has been his behaviour?

Ferne. His behaviour has been very well. I never heard any thing of him, but what was honest, till this time. I always looked upon him to be an honest man.

Q. How old is he?

Mr. Ferne. He is about 22 years of age.

Q. What are you?

Mr. Ferne. I am a gold-beater, and live at the corner of the Old-Baily; his friends live in the country; he is of a very worthy family.

Acquitted .

He was a second time indicted for that he on the king's highway on Elizabeth Dickson , spinster , did make an assault, putting her in corporal fear and danger of her life, and stealing from her person one gold watch, value 4 l. one gold seal, value 5 s. one chain made of base metal, value 12 d. the goods of the said Elizabeth, Nov. 19 .*

Elizabeth Dickson. I was stop'd between Kingston and Hampton Court by a single highwayman, between four and five o'clock, on the 19th of November last in the afternoon. He came up to the coach and said, your money, quick, quick, or to that purpose.

Q. Had he any arms ?

Dickson. I did not see any that he had. I gave him my purse; then he said your watch, your watch, be quick. I gave him my watch.

Q. What money might there be in your purse?

Dickson. As near as I can guess, between four and five pounds.

Q. Was there a seal to your watch ?

Dickson. There was, with a coat of arms to it.

Q. Do you know who rob'd you?

Dickson. I can say nothing to the prisoner. I don't know him. After that he went off towards Kingston, the way we came.

Q. What sort of a horse was it he rode?

Dickson. I can't tell any thing of his horse (the watch, seal, and chain produced in court.) I never took so much notice of the watch as to know it again; there may be others like it.

Q. Look upon the seal.

Dickson. This is the seal that I lost; it has my coat of arms on it.

Q. Look upon the chain.

Dickson. The chain is like mine; but I can't swear to it.

Q. Did this seal hang to the watch at the time you lost it.

Dickson. It did.

Q. Who did you buy the watch that was taken from you of?

Dickson. I bought it of Mr. Ellicote.

Q. How long ago?

Dickson. It is a great many years ago.

John Ellicote . (He takes the watch in his hand) This is a watch of my making, it is No. 2066. Upon Mr. Fielding's sending to me I look'd in my book, and found that number was sold to Mrs. Dickson in the year 1740. I have had it since to clean for her, and know it to be her property.

Q. Do you always register your watches which you sell?

Ellicote. I do set down the name and number, and the person to whom I sell them; I seldom miss.

Q. What time do you register them?

Ellicote. At the time the watch is sold. I was sent for to Mr. Fielding's. I said this was Mrs. Dickson's, before I heard any thing of her being rob'd.

John Wilton . I was coachman to this lady. I remember seeing the prisoner at justice Fielding's, but can't say he is the man that rob'd my lady.

Q. What sort of a horse did that man ride who rob'd your mistress ?

Wilton. He rode a black horse.

Q. Did you see a horse at justice Fielding's?

Wilton. I did. That I believe was the horse the man rode, but I can't swear to him.

Q. When did you see him there?

Wilton. I saw him there last Monday.

Q. Upon what ground did you believe that to be the horse ?

Wilton. Upon the account of his shewing himself when he moved.

Q. What time was the robbery committed ?

Wilton. It was committed between four and five o'clock.

Q Was it day-light ?

Wilton. It was.

Q. What were the marks of the horse ?

Wilton. I observed his tail was sharp cock'd. I had but very little sight of him.

Q. What do you mean by sharp cock'd?

Wilton. By carrying his tail pretty high.

Richard Frost . I am footman to Mrs. Dickson. I was there at the time she was rob'd. I saw the prisoner since the robbery before justice Fielding. I don't remember he is the person that rob'd my lady.

Q. What sort of a horse did the man that rob'd your lady ride?

Frost. He rode a black horse.

Q. Did you see a horse that was brought to justice Fielding's?

Frost. I did. He had a sharp cock'd tail, that is, he carried his tail and head pretty high, and his mane was on.

Q. Was it a horse, gelding, or mare the man rode that rob'd your mistress?

Frost. That I did not observe. I am not positive whether it was that horse I saw, or not; but it look'd much like him.

Q. Where was you at the time of the robbery?

Frost. I was behind the chariot.

Samuel Breaden . I lent the prisoner at the bar a horse on the 4th of November last, he kept him 16 days; he brought him home on the 19th at night. My man carried that horse to justice Fielding's last Monday. I was there when the horse was there.

Q. What sort of a horse is he?

Breaden. A black horse, about 14 hands and a half high, with a cut tail.

Q. Is there any thing remarkable in his tail and head ?

Breaden. Nothing, as I know of.

Q. What condition was he in when brought home ?

Breaden. He was spur'd pretty much.

Q. What time in the evening was he brought?

Breaden. A porter brought him home about seven in the evening.

Q. Did the two last witnesses see that horse?

Breaden. They did at justice Fielding's.

William Norden . This was one of the watches which I took from the prisoner at the bar, at justice Fielding's.

Q. Was this gold seal fasten'd to the watch at that time ?

Norden. No, it was wrap'd up in the same paper. Mr. Fielding ask'd him if he was a watch-maker; he said no. He said how came you by so many watches? He could give no answer. At last he said he found them in St. James's-Park, wrap'd up in an old news paper and an old handkerchief.

Henry Peal . I arrested the prisoner on Thursday was se'nnight last. When he was in my custody I perceived he had two pistols upon him, seeing the hoses of them stick out. I ask'd him for them, and he gave them me (produced in court).

Q. Were they loaded ?

Peal. They were loaded and primed, His relation paid the debt soon after.

Prisoner's defence.

I hope, my lord, you will consider when I was carried before justice Fielding a second time, he obliged me to put a blue coat on, and to button up the cape to my eyes, and put a hat on; he suffered some of them to pull up my hat, to see if they knew me, and they did not know me.

Acquitted .

39. (M.) Joseph Brown was indicted for the wilful murder of Thomas Osgood , Sept. 16 . He likewise stood charged on the coroner's inquest for the said murder. +

William Dickson . On the 16th of September, about four in the afternoon, Thomas Osgood was along with me and others at Mr. Gosler's hetcheling lost in Limehouse ; the prisoner at the bar, who was foreman , was there. I saw the prisoner at the bar lay hold of the deceased and give him a push; and by the force of the push he tumbled him down, as he was about a foot within the lost; he then roll'd out, and fell to the ground. The room was about seven foot from the ground.

Q. Was the push in anger, or in play?

Dickson. I can't say he was much in anger, but he was much in a passion, or he had never done it.

Q. What was the occasion of his passion?

Dickson. The reason was, so far as I heard, he desired some of them might go out of the lost.

Q. Was the deceased one of the workmen in the lost ?

Dickson. No, he was not.

Q. What was his business there ?

Dickson. I suppose he came to drink a pot of beer with his friends.

Q. Did any blows or push happen between them, before he pushed him down ?

Dickson. I saw no anger, only that time.

Q. How near was you to them, when he fell ?

Dickson. I was within 4 or 5 yards.

Q. Did you hear any angry expressions by Brown ?

Dickson. I heard him say the other had no business in the loft.

Q. Was the deceased sober, or fuddled ?

Dickson. He was fuddled, or in liquor.

Q. Would that push have flung any body down that was not in liquor ?

Dickson. What I said I shall say no more.

Q. Supposing he had push'd you as hard, if you was sober, would that have flung you out of the lost?

Dickson. He push'd him and he fell down.

Q. What sort of a place did he fall in?

Dickson. A gravelly sort of a place. He said, Oh! Brown has hurt me.

Q. Do you know whether Osgood died, or not?

Dickson. I never saw him after he fell.

Cross examination.

Q. What time did Osgood come into the lost?

Dickson. I can't tell to a minute.

Q. Had he been there an hour or two?

Dickson. No, not so long.

Q. Was he in liquor when he came first?

Dickson. He was.

Q. Do the men go in and out where he fell?

Dickson. What I have said I shall say no more.

Court. Consider, you must tell the whole truth.

Dickson. It is what they call a door.

Q. Is there any ladder there?

Dickson. There are steps, or else they could not go up.

William Williams . I was in the loft at the same time, drinking a pot of beer with the deceased; there were five or six of us, and we drank three full pots. Mr. Brown, who is the foreman of the ground, bid us go away out of the loft. I said, I will go as soon as the last pot is out. He walked down and came up again, and said, I see you are not gone. Mr. Tuney said, If I was foreman, I would take and tumble those scoundrels out of the place. Then Brown came up in a violent passion, and gave the deceased a push; and he fell down flat on his face on the ground.

Q. Was Osgood drunk or sober?

Williams. He was much about half drunk. Brown came in a violent passion and took hold of me next, and said, I'll turn you out after him.

Q. Was you sober?

Williams. I was as sober as I am this moment. I went down and helped to turn the deceased on his back; he could not speak for 5 or 6 minutes; he was blooded in about 8 minutes. I asked him how he was. At last he said, I am very weak, I can't move my head, legs or hands. He was put in a chair and carried home, and died in about 24 hours after the accident happen'd. His private parts were swelled as big as my two double fists.

Q. Was the deceased a man belonging to that shop ?

Williams. No, he was not; he and I both work'd at captain Huddy's.

Q. What business had you there?

Williams. We went to see a workmate, and to drink with him. Mr. Tuney said to Mr. Brown, I believe you have been the death of the man. Mr. Brown said, he did not care if he had killed him, why did he not get out of the ground.

Q. How was the deceased for health before this fall?

Williams. He was as hearty and well as I am at present.

Q. If the man had been quite sober, would that push have flung him down?

Williams. I can't say.

Cross examination.

Q. How long had you been drinking in this loft ?

Williams. I believe about an hour and a half, or two hours.

Q. How many full pots of beer had you in the loft ?

Williams. We had three amongst six of us.

Q. Did not the prisoner at first desire you in a very civil way to go out of the loft?

Williams. He came up in a violent passion first of all; but he desired us to go out of the loft, when he was below stairs.

Q. What answer was made by the deceased ?

Williams. I made answer and said, As soon as the pot is out I'll go out.

Q. Did the deceased make any answer ?

Williams. I did not hear him make any.

Thomas Roberts . I was at work for Mr. Brown, when these men came to see me. They asked me what I would give them. I said I would give them a pot of beer, and gave them one. When that was out, they asked me to give them another. I said they had been drinking, and I would not. Then I went up into the hemp loft; they follow'd me, and William Dickson gave me a pot of beer; then John Higgs and John Sandal were another pot of beer. As the last pot was drinking, John Harrison and the deceased were wrestling together; Harrison flung him upon the hemp, and he got up and flung the other. Then Mr. Brown the foreman came and asked what that noise was. He was answered, They are playing the rogue. Then he desired them to go out; they said they would as soon as the pot was out. He said, If they did not go out directly he would come and turn them out; then he came and took hold of the deceased's skirts, to put him out, and by the scrambling he fell head over heels.

Q. Were there steps where he fell?

Roberts. There were steps to go out at.

Q. Was it any more than turning them out because they made the men idle ?

Roberts. That was all.

Q. Did he receive any hurt, when he fell upon the hemp, by the other's falling upon him?

Roberts. No, he fell clean out of his arms.

Q. Was the deceased in liquor?

Roberts. He was pretty much in liquor.

Cross Examination.

Q. Did he fall down upon the pavement at once ?

Robert. He fell half in and half out, and at last he fell out head over heels.

Q. What do you mean by scrambling ?

Roberts. He scrambled to save himself from falling out.

Q. Do you think, if the push had been given to a man that was sober, it would have pushed him out ?

Roberts. I can't say it would.

Q. How far was he from the door, when Brown gave him the push ?

Roberts. Five or six foot.

John Spang . On the 16th of September, between four and five o'clock in the afternoon, several people came running to me, and desired I would go to a man that had fell from this hemp loft. I went, and found the man lying on some small bundles of hemp. I examined his head, and found no fracture on his scull. Then I observed the other parts of his body, to see if he had received any injury from the fall. I found none. The deceased complained of a pain in his neck. I opened him. He was so intolerably in liquor that he (raising himself up) said He would bruise me too, not knowing me. I advised them to get the parish chair, and send him home to bed. I gave him diluting liquors, in order to carry off the effects of his drinking. The next morning I visited him again, and found his pulse high, rather from the quantity of liquor than the appearance of any accident. There was a great extension of the abdomen and erection of the penis, which was not caused by a bruise, but the heat of the blood. I apprehend the swelling of his belly and the other symptoms that he had were the effect of liquor, and not the consequence of a fall or bruise, there being no discharge by stool or urine. I used some method to reduce the penis, took an instrument to draw off some water, and ordered him some internal medicines. The people about him, as usual in such unhappy circumstances, were more in a hurry to do what they termed justice, than to give him relief in his disorder. I found they did not provide anything that I ordered, such as water-gruel, broth, and the like; but they rather kept giving him a little wine, under the notion of comforting him. The fever continued, and I visited him again at four in the afternoon, when I found his pulse falling; and he died that night about ten or eleven o'clock.

Q. Did you search him after he was dead?

Spang. No, I did not; as he lay in bed, I turn'd him, to see if there was any discharge by stool, when I saw a little extravasted blood or bruise on his loins.

Q. Do you think the fall was the occasion of his death ?

Spang. I do not think it could.

Q. What was the reason the body was not opened?

Spang. I never had application made to me for such a thing; neither do I apprehend, if it had, that it would have given the jury any knowledge of the cause of his death.

Q. Was the body's being in a state of putrefaction the cause of its not being opened ?

Spang. No.

Q. Upon your oath, do you think he died of the bruises, or not?

Spang. I do not think he did die of the bruises: that is my opinion, upon oath.

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

Spang. I look upon it, that it was a fever from his excessive drinking.

Edw Wild . I keep a publick house; but I have cured many that have had white swellings, when they have been deemed incurable. I cure bruises also.

Q. Do you cure more than you hurt?

Wild. I do. I saw the deceased. I never went but once to him. I observed him swelled vastly. No bladder was ever blowed up more: his private parts were thicker than my arm. I said, What signifies bringing me here ? His head was very much bruised, and his neck, and so down to his loins. I said, I can give him a little ease: I can let him blood; but he is a dead man. I went home, and met one of the jurymen. He asked me where I had been: I said, I had been to bleed a dead man; for; if he is not dead, he will be dead before night, he being so internally bruised. I never saw a man so bruised in my life.

Q. What time was it you saw him?

Wild. I saw him about 11 o'clock, on the 17th. He was, from the crown of his head, to his loins, all down his back part, on his left side especially, to bruised, that I never saw any thing in my life like it, some part of his body being as black as my hat.

Q. What do you think was the occasion of his death?

Wild. I do think, by his bruises, the fall was. I dare say his bladder was burst. I said, How did you get these bruises? It must be wilfully done. He said. The foreman, where he had worked, threw him out at the window. He talked of going to law. I said, You had better think of a future state; for you are a dead man.

Prisoner's Defence.

About half an hour after 12 o'clock, those people were drinking below; when I came back, I found them drinking in the loft. I went away to the lower part of the ground. Coming back I heard some words: I said, This is not a drinking place; and desired them to come down. After that I went up, and took hold of the deceased's arm, and desired him to go down; he said, He

would go down by and by. I said, If you must drink, then go to a publick house, this is not a place to drink in; and gave him a shove. I turned round to Mr. Williams, and said, I am surprised at your coming where you have no business; you stop all my men from work. What account can I give to my master? I never touched him; I was not within 9 feet of the deceased, when he fell from the lost.

There were a great many witnesses to his character; but the court thought it needless to call them.

Acquitted .

40. (L.) Thomas Broadhurst was indicted for that he, on the 1st of November , about the hour of 7 in the night, on the same day, the dwelling house of William Read , did break, and enter, and steal out thence 1 silk capuchin; value 17 s. 6 d. 5 yards of silk lace, value 7 s. 6 d. the goods of Elizabeth Read , spinster ; and 1 pewter tea pot, the property of William Read , in the dwelling-house of the said William. +

By the prisoner's desire the witnesses were examined apart.

Eliz. Read. I live in Jewin-Street , and am sister to William Read . On the first of November, our house was broke open. I lost a capuchin and some lace, as mentioned in the indictment, and a pewter tea pot. I was not at home at the time. I returned about 8 at night, and found the house full of people, and the prisoner was taken; but we never got the things again.

Q. Whose goods were they?

Read. There are 6 brothers and sisters of us; we live all together. I was obliged to pay for the capuchin, to the person of whom I had it to finish. The lace was mine, and the tea-pot my brother's.

Sarah Ray . I work at Mrs. Read's. On Saturday the 1st of November, about 7 at night, it was quite dark, I was standing upon the threshold of the door; I heard something crack: I looked on the outside, and saw the parlour window shoved about half way up. I cried out, Thieves. Eliz. Bedford said, she saw a man get out at the window. I looked and saw him too.

Q. Who was that man?

Ray. I am sure the prisoner is the man. He ran down the street, and I followed about 20 yards; but I did not see him stop'd. I do not know how he was taken. He was brought to the door about an hour afterwards, to ask me, If he was the man. I said it was.

Q. Was he searched?

Ray. I do not remember he was. There was a capuchin, somelace, and a tea-pot missing. The prisoner was carried to the watch-house.

Q. By what do you know him to be the prisoner? You say it was dark.

Ray. I saw him walk up and down the street several times that evening before, with another man. He was dressed in a sort of a claret colour'd coat, a red waistcoat, and white wig.

Q. Did you see another man with him, when he was getting out at the window?

Ray. I did; he stood at the window to receive the things.

Q. Are you certain this is the man?

Ray. I have no doubt about it; I am quite certain he is the man.

Cross examination.

Q. Was the window fastened down?

Ray. It used to be fastened; but I do not know that it was then

Q. Are you sure it was shut down?

Ray. I am sure it was; for we have things hung at the window to shew what we sell.

Q. Did you stand near the window the man got out at?

Ray. I stood on the outside, on the threshold: there were two sashes; he got out at that farthest off from me.

Q. You say, you heard something crack. What was that?

Ray. That was a looking-glass in the room; the cord was cut, and the top of the glass turned downwards. They had not time to take that away.

Q. from the prisoner. How far was you from the window, when you saw me, as you say, come out ?

Ray. I was at the end of the window, at the door. The window goes out with a sort of a bulk from the threshold of the door; and there is about the breadth of a large shutter, which parts the two sashes.

Q. How large is the room in which these two windows are?

Ray. It is not very large.

Q. Is there a lamp at the door.

Ray. No; but there is one opposite our house.

Q. Could you observe the prisoner's face ?

Ray. He got away so quick that I could not. I saw his cloaths as I ran after him, and as he got out.

Q. Then if you did not see his face, pray what do you know him by ?

Ray. By his cloaths, his height, his shape, his make, and his wig.

Q. At the time he walk'd by the door, did you see his face?

Ray. Yes, I did several times.

Q. Is the prisoner the same man, by his face, you saw that afternoon?

Ray. Yes, I am sure he is the man.

Prisoner. I would ask her another question.

Court. You seem to hurt yourself by your questions. You had better leave it to your council.

Prisoner. I would only ask her. At the same time she saw me come out at the window, whether there was any body with her?

Ray. There was nobody with me. I saw a man standing on the outside of the window, as I said before.

Q. Was that the same man you saw with the prisoner in the evening?

Ray. I think it was the same man.

Q. What became of that man?

Ray. He went away presently after I came to the door. He had a light coloured furtout coat on.

Elizabeth Bedford . I live next door to Mr. Read. Upon Alhallows day at night, about seven o'clock, I had done my business, and was sitting down, minding my mistress's shop. The last witness was standing at the bulk, at her mistress's door. She call'd to me and said, Pray Betty come out, for I believe there is a man in our parlour, robbing us. I told my mistress. What! she said, and ran out in a great surprise; and saw a man shuffle himself from off the seat of the window; but, it being dark, I cannot swear to him, nor to the colour of his cloaths. He jump'd from the window, and ran to the opposite side of the way, towards Cripplegate. I call'd stop thief.

Q. from Prisoner. Whether I had a white wig on or no?

Bedford. I did not examine his wig; he went off so quick, I did not know whether he had a hat or wig either.

Thomas Hughes . On the 1st of November, about 7 o'clock, as I was coming down Jewin-Street, I heard the cry of Stop thief. A man stood by me. I turned my head round, and saw a window open, and directly a man came running by me, as fast as he could. I ran after him, and took him at the first butcher's shop, near Cripplegate church.

Q. Was that man ever out of your sight till you took him.

Hughes. No, he was not.

Hughes. There came another man to my assistance. We told him there was an outcry of thieves, and he must go back with us. He said he would not, but he would go with us into a publick house. We brought him by the church, and when he came to the butcher's shop he pull'd out his watch, and look'd at it by the light there, and said I'll make you pay for detaining me, and that he'd go back with us; but when we got to Jewin-Street end he ran down Redcross-Street, and down the Bowling-Alley, and got over same pretty high pales. I ran to the door that belongs to the yard, and told the people there was a thief backwards [the prisoner in getting over the pales lost his hat.] The people let me in; then I saw the man run up a long narrow nook in the yard. I got hold of the stump of a birch broom, but was afraid he might have something about him to do me a mischief, if I followed him there in the dark. I went on, and a man followed me. Then he got over some other pales. I heard the pales break. I look'd over where the pales were broken; there I saw him lie close under the pales; it is an old ruinated house. I said I was afraid to get over, fearing a dog. There was a link gone for; we cut the link in pieces, and lighted them up, and hunted about, but could not find him; then we gave him over; and in about a quarter of an hour after I heard he was taken, and in Barbican watch-house.

Q. How was he dress'd?

Hughes. He was in a light wig, and a chocolate colour'd coat.

Q. Where is the other man that was with you?

Hughes. I don't know him.

Q. Did you see that man's face you took near the butcher's shop?

Hughes. I did, and to the best of my knowledge the prisoner is the man.

Q. Where did you first lose sight of that man ?

Hughes. When he was lying under the pales in the Bowling-Alley, when I said I was afraid of a dog; then the prisoner started up, and ran away.

Cross examination.

Q. What time was the prisoner taken?

Hughes. I believe it was very near seven o'clock when I took the man I suppose to be him; and I heard he was in the watch-house about a quarter of an hour after. When I heard a man was taken, I went to the watch-house; there was the prisoner without his hat, and a sort of a white cut wig, such I had seen on the man before. I took him to be the same man I had taken before in the street.

Stephen Radery . I live in Whitecross-Street. We had an alarm of a man coming over the pales into our yard. My mistress sent for me; I came. She told me to go and see if I could see any body; I went and look'd about, but saw no body. In about half an hour after a child said there is a man coming out of an empty house. The man ran as soon as he heard the child say so. I saw him. He ran up some part of Whitecross-Street, and down Beech-Lane, and into Redcross-Street; and either by knocking himself against a post, or by his foot slipping, I don't know which, he fell down; I went and took hold of him, and brought him to Mr. Read's house; and there the young woman said that was the man that she saw get out at the window. Then we carried him to the watch-house.

Q. How near the Bowling-Alley was it where you first saw him?

Radery. I first saw him within twenty yards of it.

Q. Had he a hat on then ?

Radery. No, he had not. He had on a red shag waistcoat and a chocolate colour'd coat. He said let me look at my watch, which I did, just before he went into the watch-house.

Q. What time did you take him to the watch-house?

Radery. About half an hour after seven.

Prisoner's defence.

I have witnesses here that I was in company with at that time the robbery was committed, in a place where I lodge.

For the prisoner.

Eleanor Braziel . On Allhallows-Eve at night, the prisoner was at my master's house.

Q. What day of the week was it?

Braziel. I believe it was the day before Allhallows day, on a Saturday. He came home betwixt day light and candle-light.

Q. Who is your master?

Braziel. My master's name is Joseph Biggs ; he lives adjoining to Bridges-Street, Coveat-Garden. He went up to his room, and had steaks for supper; I carried them up, and my master and he supped together that night.

Q. What time of the evening was it?

Braziel. To the best of my knowledge, I saw him there about eight o'clock, at supper.

Q. Where did he lie that night?

Braziel. He did not lay at home to my knowledge.

Q. Where did he go?

Braziel. I don't know; I'll tell nothing but what I know.

Q. What cloaths did your master wear that day?

Braziel. The cloaths he wears always; brown cloaths.

Q. Did your master walk out with him that night?

Braziel. I don't know that he did.

Q. Where did your master lay that night?

Braziel. He lay at home.

Q. Did you see the prisoner that night from candle-light to eight o'clock?

Braziel. I was not always in the room.

Joseph Biggs . I live in Russel-Street, Convent-Garden, in King's Court, backwards.

Q. Are you a housekeeper ?

Biggs. I am. The prisoner has lodg'd with me going on about four months.

Q. What do you come here for?

Biggs. To give him a character.

Q. Did he sup with you on Saturday evening the 1st of November?

Biggs. I can't say any thing about his supping at our house that evening.

Q. Did or did he not sup with you?

Biggs. No, he did not.

Q. to E. Braziel. Is this your master?

Braziel. Yes, Sir.

Q. Is this he the prisoner sup'd with?

Braziel. This is he.

Court. How can you call God to witness a thing your master contradicts you in?

Braziel. Does he say he did not?

Court. 'Tis impossible what you have said should be true, because he was taken up at a distance from that place before the time you mention. Was it on a Saturday, or any other day?

Braziel. I know it was Saturday.

Q. Who put Allhallows day in your mind?

Braziel. My master desired me to attend here.

Q. Did he desire you to say the prisoner sup'd with him that night?

Braziel. Upon my life and word my master bid me say so, he did I'll assure you.

Q. to Biggs. What do you say to this?

Biggs. I never said so to her in my life. I bid her take care and not get drunk to-day, and be sure to tell the truth.

Q. How long have you known the prisoner?

Biggs. I have known him about seven years; I knew him in Dublin.

Q. How long have you been out of Dublin ?

Biggs. Next Shrove-Tuesday I have been out of Dublin four years.

Q. How long has the prisoner been in England?

Biggs. I don't know.

Q. to Sarah Ray . Look at this man. Is this one of the men that walk'd by your house?

S. Ray. I can't say I know him.

Thomas Myers . I am a bricklayer. I have known the prisoner between two and three years.

Q. How long has he been in England?

Myers. I knew him in Ireland first. I have known him this half year in England.

Q. What is his general character ?

Myers. I never saw any harm by him.

Q. What business does he follow?

Myers. I used to see him buying old cloaths, with a bag under his arm.

Q. Where has he lived since he has been in England?

Myers. He lived at Biggs's house ever since he came here.

Q. Do you know where he was on the 1st of November ?

Myers. No, I do not.

Guilty . Death .

After the verdict was given, Braziel declared the prisoner was her husband; and Biggs declared they past for such at his house. She was committed to Newgate.

41. (M.) Walter Bell was indicted, for that he, together with William Jones, did steal 5 wooden boxes, value 1 s. 1 bag, 3 pair of silver sleeve buttons, 1 gold ring set with 3 diamonds, 1 gold ring set with crystal stones, 1 pair of silver shoe buckles, 2 pair of silver knee ditto, 1 silver clasp, 2 pair of silver clasps, 1 necklace with a gold locket, 2 mill dollars, value 10 s. 1 bar dollar, value 5 s. 7 pistereens, 13 l. 12 s. piece, 1 half guinea, and 4 l. 17 s. in money numbered, the goods and money of John Ward ; in his dwelling-house , Oct. 11 .*

John Ward deposed he was not at home at the time the goods were taken away, being a pensioner in Greenwich hospital.

Milkea his wife deposed she lives in Wapping ; she missed the things mentioned on the 11th of October, and that the prisoner came and knocked at her door on the 22d of October, and told her that William Jones had been buying a ticket at the lottery office near St. Dunstan's Church, and had got a new suit of cloaths on; that he had given two gold rings to him, which he supposed to be her property, and that he had pawn'd them, and where. she went accordingly, and found one of them (produced in court ) but could not ascertain the prisoner had been at her house till after the things were missing.

The prisoner said the same in his defence, that he had the rings of William Jones , whom the prosecutrix said had frequented her house for some time.

Acquitted .

42. (M.) Elizabeth Delmore , otherwise Delmar , spinster , was indicted for stealing 7 guinea , the money of Robert Waters , Nov. 3 . ++

Robert Waters . The prisoner was servant in the house where I lodge. On the 3d of November I was informed by her mistress she was gone, and had taken her boxes away, and left the door open. Having missed things before, I went up to my room, examined my portmanteau, and missed 7 guineas which I had left tied up in a silk purse the day before. About 3 or 4 hours after that, her mistress was informed by the porter, who carried her boxes, where she was in Westminster. I went to justice Fielding and took out a warrant; then went with her master, and found her in a publick house. She cried very much, put her hand in her pocket, and gave me her purse.

Q. Was it your purse?

Waters. No, it was not, for that was left empty. She told me, there was my money. I turn'd it out, and found 6 guineas in gold, and 12 s. 6 d. with a pair of knee buckles of her mistress's, which she acknowledged. She was taken before justice Fielding, and there confessed she had taken my money.

Mr. Undershall. I live in Fetherstone Buildings , the prisoner was my servant, and the prosecutor lodged at my house. On Monday the 3d of November I got up at 7 o'clock, and rang the bell for the maid to rise. A little after that I heard her get up, and go into the parlour and open the windows. I went to sleep again, and then people came and knock'd at the door. I got up, and found the street door open. I went into the kitchen, and found the prisoner's boxes gone. I then went to the person who recommended her to me, to tell him. When I return'd, my wife told me the prosecutor had been rob'd; then I applied to find the porter who carried her boxes, who told me where he had left her; we then got a warrant, and took her up. [ The re the prosecutor had deposed before.]

Guilty .

[Transportation. See summary.]

43. (M.) Judith Caultman , spinster , was indicted for stealing 2 silver table spoons , the property of George Truwhit , Oct. 11 .*

Mary Truwhit. I am wife to George Truwhit ; the prisoner lodged in my house a fortnight, and it is six weeks ago since she went away. I missed 2 silver table spoons, last Monday was a month, from out of a glass case. I took the prisoner up, and charged her on suspicion, having no other person in the room. She used to lie with my mother. At first she denied it, but at last she owned the taking them, and said they were both in pawn in Oxford-Road, at two separate houses. Justice Fielding ordered the constable to go with her, and bring the pawnbrokers before him. We went, and took the prisoner with us; and found one spoon at Mr. Hudson's, the other at Mr. Jones's.

John Jones . (Produced a silver spoon. ) The prisoner at the bar brought this spoon and pledged it with me the day after old Michaelmas day. She said it was her own spoon, and I lent her 6 s. upon it.

Catharine Jones . The prisoner brought this other silver spoon to me the 18th of October; I lent her 6 s. upon it.

Q. to Prosecutrix. Look upon these spoons; do you know them?

Prosecutrix. They are my property.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

44. (M.) Elizabeth, wife of Curtis Barnes , otherwise Dove , and Richard Jeffreys were indicted, the first for the wilful murder of Elizabeth, wife to the said Jeffreys ; and the second for being present in aiding, abetting, comforting, and encouraging the said Barnes to commit the same . Oct. 15 , ||

Hannah Jeffreys. I live in White Hart yard. About 3 or 4 months before the deceased died, she frequently came to my shop, and made very great complaints of her husband's ill using of her, especially on the 15th of October last; then she came with her face very much bruised and bloody, and said, O madam, I am murdered! I asked her by whom, she said by a creature, or whose, her husband's cousin, and then shewed me her breast, which looked very much bruised. She desired I would go with her to justice Fielding's, to obtain a warrant against the person. I said that was what I did not understand, having never been on such an account. To let me see how pressing her case was, she told me her husband said to the woman, Now cousin do you go and get a warrant first, left some people should advise her to get one for you, and I will say she struck you first, and you must say so too, and we will do for her. Upon this, with great persuasions, I went with her to justice Fielding's, and from thence I went home again, and my husband was gone out. In a little time after I went to where the prisoner Jeffreys lodged, in Lamb's Conduit passage. Red Lion square, where I found the deceased, her husband, and another woman; the deceased told me her husband had broke the door to let the woman out, left the warrant should be served upon her. I asked him how he could suffer so fine and just a woman as this was to be insulted in so cruel a manner.

Q. What was his answer?

Jeffreys. He swore she deserved it. I asked him, If he really considered the consequence? Because she had told me before, that he had attempted to cut her throat.

Q. Did you charge him with nothing but what the wife told you?

Jeffreys. I charged him with what she told me and another evidence. One thing was, One night, when they were going to bed, he lock'd the door, put the key in his pocket, and, with a case knife in his hand, went up to her; that she cried, and beg'd, for God's sake, that he would not murder her. He swore he would kill her: he then threw her on the bed, and beat her; then went to uncover her throat, and she shriek'd out, when her landlord came up to her assistance. I told him also of his bidding her go three nights out of the room, saying, Lord have mercy upon me! I think I see the devil before my eyes: pray go out, for fear of bad consequences. There was Mary Louth with them, when I told him this.

Q. Did he deny it ?

Jeffreys. He made a sort of a laugh at it, and said, She look'd pretty with those marks upon her face. When she was very much scratch'd and bruis'd, he would say to her. You are purely painted. That same evening the deceased came to my house, and complained again of the violent hurt she received, and the great pains in her stomach, breast, back, and belly. She pulled out her breast, which looked black in several places. She then told me, Elizabeth Dove came that forenoon, when her husband and she were at work, and began to upbraid her with something that she should have said to her prejudice. She told her, if she was come to make an uneasiness between her and her husband, she desired she would go out. Upon that Dove told her. She would not go out, except her cousin should bid her. She told her, if she could meet her on the other side of the water, she would do for her. Then the deceased took her gently by the arm, in order to lead her out. Upon that Dove struck her, knock'd her down, fell upon her with her knees, held her down by the hair of her head, tore out her left breast, and cronch'd it in her hand, and beat her in a most unmerciful manner. While Dove was beating her, her husband was at work on his board, who cry'd, Well done cousin. - At her again. - Do for her. - If you murder her, I'll forgive you. When her husband thought she had done for her, he got off the board, and said, Enough, enough. Then she believed, he imagined she was dead. Then he said, Cousin, do you go and get a warrant for her first, left some person should advise her to get one for you; and I'll say, she struck you first; and you must say so too: and we will do for her. She could then hardly speak. I desired her to come and be at my house, till such time I had got her a place, which he himself petitioned I would; but she did not come, I think, till the Saturday after. Thursday, the 16th, she brought home a pair of stays her husband had been mending. She then complained again of the great hurt she had received, and shew'd me her breast again, which was green, black, blue, and all colours. I saw her several times after the 16th: she always made complaint; especially on Wednesday the 29th of the same month, on which day her husband came to me, and beg'd I would go and see her; and said, He believed she could not live, reflecting upon himself for his cruel treating her, and begging God to spare her life, that he might be better to her than he had been. I asked him, If he had had any proper help for her; he told me, No. He said he had given her some salts the day before. I beg'd he would have some proper help for her. He said, he would have an apothecary; but he was afraid it would be expensive. I went in the afternoon. He was gone out. He came home and brought some tea with him. She told me then, she was very glad to see me, and reflected upon me for not coming sooner. I told her, I was in great hopes it might be better, if please God she recovered; and said, He seemed to reflect upon himself for his conduct. Says she, Madam , did he say so to you, that he would be better? Don't believe him; for; since he came from you, he has used me very ill, and he wants me to go to night to ruffle him a shirt. She spit upon an handkerchief and said, See what a fever I am in; see if I am an hypocrite.

Q. How did what she spit upon the handkerchief appear?

Jeffreys. It look'd thick, and was like a sort of a matter.

Q. Did you observe any blood, or other colours in it?

Jeffreys. I did not take great notice of it. I observed it to look like thick white matter. Presently came in a woman unknown to me; but I found she was a cousin of his; she began as well as she could, and said to her, I am murder'd, your cousin Dove has done this; presently after that Jeffreys came in. I beg'd of this young girl not to say any thing to him, fearing he should use his wife ill. She said she would not. I made some tea; the deceased drank it in a very ravenous manner, like a poor creature a dying. As we were sitting by the fire, the cousin being by, the deceased said, you laugh because you think you have got my life amongst you; but if you have, somebody shall get your's; if I die, I'll lay my life to that woman's charge (meaning Elizabeth Dove .)

Q. Did you see him laugh?

Jeffreys. Yes, I did. I kept my eye a little upon him, and in about two minutes after I catch'd him laughing at her. I asked him how he could behave so before me, to whom he had come with his complaints, and now to sit and make game at her. He said I laugh to divert her. I said what game can you make with a dying woman; fetch an apothecary; I insist upon seeing one before I go away. He went. Just before the apothecary came in, I found by some words she express'd, she was quite light-headed. The apothecary told me he believed she was in a very bad way, and would have let her blood; she was much afraid of being let blood, having never been blooded in her life. The apothecary said he would send her something to take that night, and try what another day would do.

This Session running an extraordinary length, obliges us to print a Third Part, which will be published in a few days, and in which will be inserted the remarkable and most important trial of the Reverend Mr. Grierson, now under Sentence of Fourteen Years Transportation, for acting contrary to the late Statute for preventing clandestine Marriages.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Thursday the 4th, Friday the 5th, Saturday the 6th, Monday the 8th, Tuesday the 9th, and Wednesday the 10th of DECEMBER.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER I. PART III. for the YEAR 1756. Being the First SESSIONS in the MAYORALTY of The Right Honble SLINGSBY BETHELL, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street. 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.

I BEG'D him to put her to bed; and desired him to help her in, left the light should hurt her eyes (she having before beg'd of me to persuade her husband to let her go to bed) after which I left them for that night. The next day I was not very well; and on the Friday (I think the 31st) her husband came and told me she was dangerously bad indeed, and quite light-headed; at that time a customer came in (one that had been a shopmate with him, named Richard Atkinson ) who asked him how his wife did; he seem'd to have such conviction upon him as never man had. I repeated to Richard Atkinson in what manner he had treated her; he did not much deny it then, but said he did it to fright her; the other said, if this woman should die, that fright will go very bad with you. We persuaded him to go home and behave well to her while she lived. The next morning, I think the first of November, he came more like a man delirious, than a man in his senses, with great reflections upon himself for his past conduct, wishing the ground might open and take him in - Oh! that dear good woman - The best of women - She whom he had scourged - Oh! that he might be in her place. He desired I'd go with him, which accordingly I did, and found her quite as bad as any woman could be. That fine blooming face was cold, pale, and green; I could compare it to nothing but one of the figures in Westminster Abbey. I had said to him, I will send my own physician; but my husband thought it not so convenient. When the prisoner found I would not send him, he made a great many equivocations about sending for one himself; and said he had not money; besides (says he) the apothecary says it signifies nothing, she is a dead woman. I insisting he should fetch a physician, he went and fetch'd Mr. Eakinside from Bloomsbury-Square, who came and found what a way she was in; he ask'd what was her disorder, and I related to him what she had told me.

Q. Was this in the presence of her husband?

Jeffreys. It was, and Mrs. Bates and others. I came home that day, and did not see her till Tuesday the 4th, the day before she died. Then he came to my house, and beg'd for God's sake, I would go along with him to justice Fielding, to obtain a warrant to secure Elizabeth Dove ; I desired him not to leave his wife while she was alive, and said it would be time enough to secure her when she is dead; he said absolutely he must take her up; that the physician on the Monday morning had told him, he should not attend his wife any more, and that he should say your wife has not come to her death fairly, this is not an affliction of God Almighty; and if you are an honest man, you will take care of that woman. I said, has the physician said this to you, he said yes he has, and he has frighted me to death. I said don't take her up till she is dead; he said, madam, I can't help it; my wife has spoke something to me this morning, which is like a judgment upon me if I don't take her up.

Q. Did you ask him what that was?

Jeffreys. I did, he said she called him villain, and ask'd him if he would not take up that woman. I said he might do as he pleased, but I would not go. Then he flew to the fire-side, and said, well, God be with me, for take her up I will, and must. Mrs. Munday went with him. That same evening he came to me to go as an evidence to justice Fielding of what she had said concerning Elizabeth Dove . I said she had declared it to others as well as me. He beg'd I would not attempt to call a baker's wife, for she had told him if she went, she must say as much against him as against Dove; after that I was call'd, and I declared to the justice what the woman had told me. I went to the house, and beg'd to see her; I saw her, her eye-strings seem'd to be broke; she seem'd as it were quite dead, her eyes were closed. The nurse told me she had been dead upwards almost all day. He went home with me and Sarah Munday ; when we were in the house he told us he really believed his wife was young with child; and that this woman practises midwifry, and he did not doubt but she knew how to do for her; he repeated several times he believed her to be young with child.

Q. Was this before or after Dove was committed?

Jeffreys. This was after Dove was sent to New-Prison; all I can say further, is only his casting great reflections upon himself.

Q. When did she die?

Jeffreys. She died the next morning.

Q. Reflections for what ?

Jeffreys. For his ill treating his wife, and what he would give that he might behave better to her than he had done.

Q. Did you see her after she was dead?

Jeffreys. No, I did not.

Cross examination.

Q. Did you ever see any thing done to the deceased?

Jeffreys. No.

Q. Who did she say she was murder'd by?

Jeffreys. She said she was murder'd by her husband's cousin and whore, and that he encouraged her in it.

Q. Did she get a warrant against Dove, or against her husband and Dove.

Jeffreys. Against Dove singly; she did think to have put him in.

Council. How do you know that?

Jeffreys. Because I bid her not, thinking it was very hard meddling with her husband, because she was going to a place as soon as she could get one.

Q. Where did the prisoner live?

Jeffreys. In Lamb's Conduit passage, Red-Lion square.

Q. Where do you live?

Jeffreys. I live in White Hart yard.

Council. They are a pretty way distance; are they not?

Jeffreys. They are.

Q. Could a person so bruised walk it twice a day backwards and forwards; she must be a spectacle to the people as she went along.

Jeffreys. So she was, but she did come; it was with great difficulty she could speak, every word she spoke she was obliged to make a great heming to clear herself.

Q. Did she walk it, or did she come in a coach?

Jeffreys. I imagine she walked it.

Q. How long have you been acquainted with her?

Jeffreys. I think I have been acquainted with her 3 or 4 months.

Council. I think you say you never saw him strike her; did you ever see any thing but love and affection?

Jeffreys. I never saw any thing like it; I don't keep company with fighters.

Q. How came you first acquainted with her?

Jeffreys. She came for things that I sell in the shop, as buckram, and other things which they use in their trade.

Council. Might not he look uneasy because his wife was ill?

Jeffreys. I did not think him a loving husband.

Q. When Atkinson was at your shop, what did the prisoner say?

Jeffreys. Mr. Atkinson asked him how he did, and said he looked ghastly, and very ill; upon that I repeated to Mr. Atkinson what I have now, That if she died she laid her death to the woman.

Q. Did you mention any thing of his attempting to cut her throat, while he was present?

Jeffreys. I attacked him before Mr. Atkinson for attempting to cut her throat, and forcing her out three separate nights, fearing bad consequences.

Q. What did the prisoner say?

Jeffreys. He said, I will have done with all this tittle tattle, she shall not talk any more of me, for if she don't die I am determined to get rid of her some way.

Q. Whether you have not said you would do for the prisoner Jeffreys ? (a word you are mighty fond of.)

Jeffreys. When she declared on the 29th at night, if she died she laid her death to that woman's charge, she said you laugh to think you have my life, but if I die somebody shall get yours.

Q. Pray what did you say upon that?

Jeffreys. I declared before him, if she died I would take care to do her justice and him too.

Rebecca Bates . On the 16th of October at night, I came to the deceased's lodging, I knocked at the door, she knew my voice, and said, O Mrs. Bates, I am murdered! She came and open'd the door; who has been here, said I; says she my rogue of a husband's cousin (Dove) has done it, and the cause was, because I told my husband she had another husband, and he encouraged her in it. He was there, and said he did not. She said you rogue, you dog, you did, wringing her hands and crying. I said, go along with me, and lodge with me. She said, I am going to Mr. Jeffreys. I said you shall not to night, it is too far to go, lodge with me. She came out, and I stood at the stair foot, thinking she would follow me. He came and locked the door; she did not follow me, and I heard no more of it that night.

Q. What time of the evening was this?

Bates. This was at almost nine at night. On the 17th I came to her room in the afternoon; she shewed me her breast, that was very much bruised, and her face was scratched. She said my body feels worse to me, I imagine they gave me a blow that will take away my life; but my breast is very full of pain.

Q. Did you see her breast?

Bates. I did. It appeared very much bruised, and black in several places. She told me, Jane (her cousin Dove) gave it her. At night she came to lodge with me, and said, he bid her go out, or it would be of worse consequence; I said what can he mean by that. On the 31st he came to me, and said my wife is very ill, and he thought she would die. Sure, said I, you have not let it go so far, and not let any of her friends and acquaintance know. I went to see her, there was Mr. Chandler and Mrs. Smith in the room; when I went in, she did not know me at first, but in a little time she did. I was with her from that night till she was buried. She told me that Dove had one hand in her hair, and beat her on her left breast with the other.

Q. Was her husband by when she told you this?

Bates. He was. This was the 31st at night, and he did not deny it, though she mentioned it several times. She said also, my rogue of a husband encouraged her to beat me more.

Cross examination.

Q. Did not you upon the coroner's inquest say, the first time you saw her was on the 31st.

Bates. I told him I did not recollect the day, but since I have recollected it.

Q. from Dove. Did I take up any weapons to hurt her?

Court. She has not said you did.

Mary Louth . The deceased came to me on the 16th of October, as soon as she had received her wounds. I heard some body coming up stairs in a very great hurry, she came in, and said, see how I am murdered, look at my breast; it was very much bruised indeed. I said who has done this; she said my husband's cousin Dove took me by my hair with one hand, and with the other laid hold on my breast, and when I was down kneeled her knees upon my body, and bruised my breast in her hand; and her husband was by at the time sitting at work on his board. Said I, did he not get down to take your part. Yes, she said, when I was almost murdered, but not before; he sat and said, well done cousin, beat her, if you murder her I will forgive you. She said, she believed he did not get down at last out of love to her, but out of fear, left he should come into trouble himself. That very day she desired me to go along with her for a warrant. I said, I could not then, being busy, but will come to you in the afternoon. When I went he was sitting at work, but the prisoner Dove was gone. While I was there Mrs. Jeffreys the first evidence came in, and taxed him with driving his wife out; he told her it was good enough for her; she need not interfere with other people's affairs. Mrs. Jeffreys desired the deceased to go home with her that night, and they went out together, and I saw them no more.

Q. Did the deceased relate the affair before her husband that night?

Louth. She said, the same before him as she had said at my house. I came there again the Sunday after, she was in a chair by the fire very ill; her husband told her she need not have fought. I saw her again on the next Sunday, she was then so bad she could hardly walk at all. She said she did not know how she should get home, her knees knocked together, her bruises at that time were very black.

Q. Did you see her after that?

Louth. I think I saw her on the Wednesday after along with Mrs. Bates, the last evidence. I saw her no more till after she was senseless. She continued all along in the same story, that she had received the bruises of her cousin Dove.

Cross examination.

Q. Did she shew you her bruises on her breast and body?

Louth. She did.

Q. Was you often in company with her and her husband?

Louth. Sometimes once a week, or once a fortnight.

Q. What sort of a temper had she ?

Louth. I believe a very good temper, without she was aggravated out of it?

Q. Did you never see her throw knives about?

Louth. I never saw any throwing of knives.

Thomas Miles . I lived in the same house the prisoner did. On the 16th of October, I heard a quarrel in his apartment. I heard him say, Hit her; but whether he spoke to his cousin or his wife, I cannot tell. I heard several words at the time; but I cannot say whatnow.

James Ayling . I am a journeyman apothecary. On the 29th of October the prisoner came to me, and desired I would visit his wife. I said I would be there in half an hour. I went; and she was very fearful of being bled. Then I said, Stay till to-morrow.

Q. In what condition did you find her?

Ayling. She was in a very high fever, and delirious, as appeared by her tongue, pulse, and other symptoms.

Q. Did you see any marks of violence upon her?

Ayling. No, I did not; I did not look for any. She was sitting in a chair. I advised her to go to bed. I observed she fetch'd her breath with difficulty. Her husband was there, but did not say what was the occasion of her illness. There was a gentlewoman said, her husband had used her very ill; but that was waved off. She said, she had some bruises on her breast. I saw her three or four times after, and put a blister on, which she ruffled off; I then put on another.

Cross examination.

Q. For what disorder did you order her things?

Ayling. For a fever and delirium. There was a doctor there the Saturday in the afternoon. I imagine he treated her like a woman in a fever, the prescriptions being adapted thereto.

C. for Crown. Was it a sympathetick fever?

Ayling. I know what you mean; but I ca nnot determine that.

Q. Do not you apprehend a fever may be occasioned by bruises?

Ayling. Yes, it may.

John Simpson . The prisoner and his wife lived in my house; he has talk'd of his wife's bad behaviour many times, and wanted to part with her. I advised her to go to service. I have often heard a great noise with them, but I never chose to go near them.

Cross examination.

Q. What was the behaviour of the woman?

Simpson. I never saw any thing of her, but that of a very civilized woman.

Richard Adkerson . I never saw the prisoner's wife but once in my life; then I met them both together in the Strand. I was at Mr. Jeffrey's shop on the 31st of October, when Mrs. Jeffreys and he were talking. He said he wanted to be shut of her. They had a good deal of talk together; but I went to a publick house, and had half a pint of purl. I asked him, if these things were true. He said, What signifies owning any thing ? It does not avail any thing. I heard Mrs. Jeffrey's tell him about locking the door, and sharpening a knife. He said, he did it to affright her.

Dove's defence.

The deceased came to my house to pay me a visit. She desired me to come the week after: I, being sick, did not go; but the week after that I did go. She let me in, and said, How do you do cousin, very kindly. I said, How do you do again. She said, Sit down. I did. We talked together, and fell out. She came and struck me three times and fastened her hands in my hair, and threw me out of the chair, and called me her husband's whore. I struck her again. Her husband said, Don't quarrel here. I let go her hair, and she struck me again. Then her husband bid me go home about my business. She tore my cap all to pieces, and brought a pail of water, and flung it at me; then took up a chair, and said, D - n you, I'll knock you down. Her husband said, My dear set down the chair, and don't kill her. She went out, and lock'd me in, and said, If I cannot do for you myself, I'll bring somebody that can. I said, For Christ's sake let me out, for I shall be murdered. He said, He could not, for she had lock'd me in. I said, Unlock the door, and let me out. He took an iron thing, and let me out. I went home. Whether I struck her or not, I cannot say; but what I did was to defend myself, or I should have been murdered by her.

Jeffrey's defence.

I was at work when this woman came in, in the manner she has represented. They began to quarrel, and fell to scratching one another. I call'd to them, and said, For God's sake don't let us have words or blows here; sit down. They did for half a minute; then they rose up again. This gentlewoman got hold of my wife's hair with one hand, and her breast with the other. I jumped from my board, and got my wife in my arms, and said to this woman, If you cannot meet without quarrelling, do not come any more. My wife got to the door, and shut it after her, and said, she would go and fetch a warrant for her. I never saw my wife till two hours after that, when she brought a warrant. For my part, I softened and parted them as soon as I could. I did not apprehend any danger at all of destroying life: bruises to be sure there were; my wife's nose was scratched, and the blood started out of it.

Q. to Hannah Jeffreys . When the deceased told you of the manner in which Dove had used her, did she tell you she had struck Dove.

Jeffreys. She told me that upon her taking Dove gently by the arm, in order to lead her out, Dove knock'd her down, fell upon her with her knees, tore her left breast, &c. but she did not tell me she struck Dove.

Mary Gay . I have been acquainted with Dove, as a neighbour; she always used me handsomly. I never heard any thing of her character, any farther than one of good behaviour.

Ann Williamson . I knew Dove in Spalding, in Lincolnshire, about two years ago. I knew her twelve years where she came from. She appeared like a harmless, quiet woman, and always paid her way. She had four children, and was a very indulgent wife to her husband. She lived next door to me in Spital-Fields.

Mary Chipingdale . I have known her eleven years. I never knew any ill of her. I lived at Spalding, from whence she came. The deceased, and her husband, came from the same town. I knew the whole family of the deceased. The character of them all is to be quarrelsome. She had been married three years to the prisoner; and she said to me, when she had been married half a year, that she believed he would make one of the best of husbands; but her temper was such, that she could never let him have a quiet hour. She said, she was of the temper of her family; and they are all very scandalous with their tongues.

Q. How long did you live in Spalding?

Chipingdale. I lived eleven years there; and my character, I believe, is very good there, as I never did amiss.

Q. to Ann Williamson . How long did you know the deceased?

Williamson. I knew her 12 years.

Q. What was her character as to temper?

Williamson. Her character was to be passionate; but I know no more harm of her.

Q. Did you ever hear her say any thing in regard to her temper ?

Williamson. About a fortnight before this happened, she and her husband were at my house. I said, I heard her husband was cross to her. She said, he was not so bad to her as I had heard; for he was an industrious man, and strove to live in credit.

John Inglesby . I saw the deceased the Monday after she had received the bruises. She seemed in as perfect health as ever I saw her in my life. She was stitching of stays.

Q. What day of the month was it?

Inglesby. I cannot recollect that; but I heard she had before been fetching a warrant for a woman that had beat her.

Mrs. Workingshaw. I was nurse to the deceased in her illness. She had a violent fever and convultions. She had some bruises. I was with her from the Saturday till the Wednesday following, when she died. Her husband behaved very well to her. He never left her night or day. She was never in her senses above a quarter of an hour. After she was dead, I laid her out. She had three trifling bruises on her left breast, which, had they been all together, my thumb would have covered. She had no marks on her face. The time she was in her senses was about half an hour after four, the day she died, when I stood on one side the bed, and her husband on the other; then she said, Who is that? He said, My dear it is I Who are you, Jeffreys? Yes, said he. She said, My dear I thought you had left me - Don't for sake me. He reply'd, I will not. She threw her arms round his neck, and saluted him; and he her.

Elizabeth Wood . I lay up one pair of stairs above the prisoner. There always used to be quarrelling. I can't say I ever saw him strike his wife: to be sure she was of a hasty temper. I have seen her throw scissars at him; but I never saw him strike her.

Q. How was he for temper ?

Wood. I can't say he was a good temper'd man, for to be sure he did not use her well.

Robert Lambert . I boarded with the prisoner at Spalding, he was a very good husband I knew the deceased. She was a very ill temper'd woman; I have seen her throw things at him several times; such as tongs, poker, knives and forks, and use him with ill language; but I never saw him strike her.

Mrs. Chandler. I keep a shop in Lamb's Conduit Passage. The day after this affair happen'd I said to the deceased, madam, what is the matter with your face, it is terribly scratch'd. She said, my husband's cousin has done it, look at my breast and see how black it is. I look'd at it and saw three spots. I said, what occasion'd this quarrel? she said Dove's husband came to me, and I acquainted him she had left a husband in the country; and he went home and let her know it, and she came and used me in this manner. I said who was by? she said my husband. I said why did not you put him in the warrant? she said because he never touch'd me; and he will not let me serve the warrant.

John Ramsdon . I heard the deceased was ill, I went to see her, as being an old acquaintance. When I came there she was dead; there I found three women, Mrs Bates was one of them (the others I did not know.) I asked her how the prisoner behaved to her in her illness. She said he let her want for nothing; he allow'd her a doctor and apothecary. I have heard the deceased say, that though she was of a bad temper, yet what she ask'd for he did never deny her. I remember Mrs. Jeffreys the witness said once to me, are you subpaena'd? I said yes, I had two. She said, had you a shilling with them? I said I had one with the first, then she said you need not appear in court.

Q. to Hannah Jeffreys . Did you say as he has related?

Jeffreys. The day I saw this man, it was said one of Jeffreys's evidences is abusing a man. I went and desired him to be quiet; the evidence said Jeffreys was a very blackguard sort of a man, and he had subpana'd him, and he had got out of the way of one, but he had catch'd him with another, and he said he had nothing to say; then I said why need you be in such a flurry, if you have nothing to say, you need not trouble yourself about it.

M. Louth. I was by when these words were repeated. I heard the witness say Jeffreys was a blackguard sort of a man, and he had nothing at all to say for him; he did not know what they would have of him.

Martha Adams . I have known the prisoner Jeffreys about a year and half; he is an honest man as far as ever I heard. I know his wife and he disagreed greatly. Both he and she bore good characters.

Mr. Adams. I always look'd upon him to be an honest, good temper'd man; but can't say how he behaved to his wife.

Both Guilty . Death.his being Friday, they received sentence immediately to be executed on the Monday following, and their bodies to be dissected and anatomised . Dove pleaded her belly, and a jury of matrons were impannel'd, who brought in their verdict not Quick. They were executed according to their sentence .

46. (M.) Thomas Mullings was indicted for stealing one linen petticoat, value 3 s. 6 d. the property of John Heslop , Nov. 19 .*

Guilty .

[Transportation. See summary.]

47. On Thursday the 5th of December, 1755, John Grierson was set to the bar, and indicted, so, that he, after the 25th of March, 1754, to wit, on the 27th of June, in the 29th year of his present majesty , at the Savoy did unlawfully, knowingly, wilfully, and feloniously solemnize matrimony between Joseph Vernham , then a batchelor, and Jane Porteir , a single woman, without first publishing of banns, or without any licence first had or obtain'd of a person having authority to grant the same, in contempt of our Lord the King, and against the statute in that case made and provided.

He challenged all the twelve jurymen who had been trying that sessions, on the Middlesex side, to wit.

Benjamin Barwick

Joseph Banister

Edward Turner

William Hood

George Stamford

Richard Edwards

Joshua Knight

William Spinage

Timothy Carter

William Smith

John Payne

Thomas Huntley

On which occasion his trial was postponed till Friday the 9th, when 59 more freeholders were summon'd. When the following jury were sworn.

James Bagnal

William Frith

John Symonds

Zac. Carlton

Richard Smith

Richard Frosser

Thomas Caygoe

Roger Kitchen

Edward Hunsdon

George Ayliff

John Gascoyne

William Haynes

Michael Death . I live in Greek-Street, Soho.

Q. What are you?

Death. I am an apothecary.

Q. Do you know Joseph Vernham ?

Death. I do.

Q. Do you know Jane Porteir ?

Death. I know her that was Jane Porteir .

Q. When did you first know Joseph Vernham ?

Death. I knew him by sight in June last.

Q. Where did he live ?

Death. He lived in Great Russel-Street, Covent-Garden.

Q. Where did Jane Porteir live?

Death. She lived in Compton-Street, St. Ann's.

Q. Do you know the prisoner?

Death. I do.

Q. Do you know any thing of Vernham and Jane Porteir being married?

Death. I do, I was present at the marriage.

Q. Where?

Death. At the Savoy chapel .

Q. By whom were they married?

Death. By the prisoner at the bar.

Q. Who gave her away?

Death. I did.

Q. How old was she then?

Death. She was in the 20th year of her age.

Q. Had she then a father alive?

Death. She had.

Cross examination.

Q. Was you acquainted with the Savoy before?

Death. I was not.

Council for Prisoner. I hope you thought it a legal one at the time you set about it?

Death. Most certainly. I then did not know any thing to the contrary.

Q. Where was the ceremony solemnized?

Death. In the Savoy chapel.

Q. How long had you known miss Porteir before that?

Death. I knew her some years before.

Q. Did you know whether they had any licence?

Death. I did not know any thing concerning that.

Q. Were you concern'd in any previous steps taken to the marriage?

Death. No, I was only call'd upon that morning.

Q. Do you know whether there was any consent of parents?

Death. There was no farther consent than a written paper sign'd by the mother of the young woman.

Q. Who was that produced to?

Death. It was produced to the prisoner at the bar and his clerk.

Q. Before he married them did he ask them whether there was any consent of the parents.

Death. Yes, he did; and scrupled to marry them without that consent.

Q. Do you remember what that paper purported?

Death. It was to this purport, '' June 14. I do '' hereby declare my daughter Jane Porteir to be at '' free liberty to marry whomsoever she pleases, '' without any farther trouble, sign'd by the mother.''

Q. Did any body ascertain this paper to the prisoner?

Death. Yes, I and Mr. Sevane did, that it was sign'd by the mother.

C. for Crown. Is her father alive now?

Death. He is, and in court.

C. for Crown. Did he approve of the marriage?

Death. No, he did not approve of it.

C. for Crown. Did this pass immediately preceding the marriage, were they married without parting after this paper was produced?

Death. They were.

C. for Crown. Did the prisoner go out of the room to go to any body else after this paper was produced?

Death. No, he did not.

C. for the Crown. How soon did he proceed to marry them after this paper was produced?

Death. It was as soon as possible after that; the paper was produced in the vestry, and they went to solemnizing it immediately.

C. for Prisoner. Did you acquaint Mr. Grierson there was a father?

Death. He knew that very well.

C. for the Prisoner. How do you know that?

Death. We told him so.

C. for the Prisoner. Did you tell him the father was against it?

Death. We did, we told him he would not consent.

John Sevane . I know Joseph Vernham .

Q. How long have you known him?

Sevane. I never say him before the 13th of June.

Q. Do you know Jane Porteir ?

Sevane. I do, I am very intimate with Mr. Porteir's family.

Q. Do you know any thing of the marriage of Joseph Vernham and Jane Porteir ?

Sevane. I was present at their being married.

Q. When was it?

Sevane. I can't be certain as to the day; as it stands in my remembrance it was in June last.

Q. Where were they married?

Sevane. At the Savoy chapel.

Q. Who married them?

Sevane. I believe it was the prisoner at the bar, by what I can recollect of the man.

Q. Look at him now, and tell us as well as you can?

Sevane. I think it was him.

Q. How old was Miss Porteir at that time?

Sevane. I think she was not twenty-one years of age.

Q. Where did Joseph Vernham live then?

Sevane. He lived in the parish of Covent Garden.

Q. And where did Miss Portier live?

Sevane. She lived in the parish of St. Anns.

Q. Is the Savoy chapel in the parish of Covent Garden?

Sevane. I don't know what parish that is in.

Q. Were any questions asked about consent?

Sevane. Yes, there was. The last evidence and I, the night before the marriage, had heard the mother say her daughter was at liberty to marry whom she pleased. I believe she had made some endeavours to persuade her against the marriage before that; but she said her daughter was at her liberty, and the daughter called the last evidence and I in, to hear her mother say that.

Q. Where was the father?

Sevane. The father and mother did not live together.

Q. Did you know the father's opinion at that time?

Sevane. I never heard the father's opinion before that time.

Q. What have you heard of it since?

Sevane. I have heard since that he disapproves of the marriage. The mother said to us, you may tell the parson that marries them he never will be troubled by any of our family.

Cross examination.

Council. You say you was present at this marriage?

Sevane. I was.

Q. Did the minister refuse to marry them till he heard of the consent?

Sevane. He did. We told him what the mother had said, and he said, he thought that consent was not sufficient, but if we had it signed by the mother, that he took to be sufficient; and upon that he married them.

Q. Was there any thing said by her of having authority from her husband?

Sevane. She said we might assure the parson that married them that none of her family would trouble him.

Q. Did not you understand by that declaration that there was the consent of the father as well as the mother?

Sevane. I imagined there was a kind of an understanding between the mother and father.

Q. How an understanding?

Sevane. That she spoke from what she had heard the father say.

Stephen Brown . I am clerk of the parish of St. Martin's. ( He produced a book.) This is the register book of the births in our parish.

Q. Have you any entry there relating to Jane Porteir ?

Brown. (He opens it.) Here is born June 8, 1736, and baptized the 11th, Jane Henrietta Porteir , daughter of Michael and Claremon.

Q. to Death. What is Jane Porteir 's Father's name?

Death. He is named Michael.

Q. What is her mother's name?

Death. She is named Claremon.

Q. Was there any banns published, or licence for this marriage you speak of?

Death. There was not as I know of.

Q. to Sevane. Was there either, can you tell?

Sevane. There was a kind of a licence, but I don't know what that was; it was something upon parchment, and the vacancies were filled up.

Q. Filled up by whom?

Sevane. I believe by the clerk.

Q. Was the prisoner present ?

Sevane. He was.

Q. Was that licence fetched from the Commons, or the archbishop of Canterbury's office ?

Sevane. It was taken from out of a cupboard or off a table in the chapel.

Prisoner's defence.

I intirely rest upon your lordship's judgment. I did not knowingly do it to offend against the laws, of my country; it is not probable I should do such a thing knowingly when I married my own son there. I never knowingly or wilfully transgressed the laws of my country; I married them by a licence, and that I thought a proper authority.

For the prisoner.

William Forrest . I live in the Savoy.

Q. How long have you lived there ?

Forrest. I have lived there upwards of twenty-five years.

Q. During that time how have you looked upon the Savoy to be under church jurisdiction? Did you look upon it to be in the diocese of London, or what?

Forrest. I am not a judge of that question.

Q. Have you served offices there?

Forrest. I have served overseer of the poor twice, I have never had notice given me for not attending any where else.

Q. Did you ever hear of the bishop of London or any of his officers interfering there?

Forrest. No.

Q. Was you ever called upon as the chapel-warden in the bishop's court?

Forrest. No, I never was.

Q. Did you ever know any that was called upon in your time?

Forrest. No, never.

Q. Did you ever hear any acknowledgement of the bishop's jurisdiction there?

Forrest. No Sir.

Q. Did you ever attend any of the bishop's visitations in your time?

Forrest. No, never.

Q. Did you ever hear from any one, that there has been any of the bishop's jurisdiction exercised in that place?

Forrest. No, I never did.

Cross examination.

Q. Is it a parish ?

Forrest. No, it is not, it is a precinct.

Q. When a man dies there, where is his will proved?

Forrest. The wills are proved in the Commons.

Q. And is the administration granted from the Commons?

Forrest. I imagine so.

Q. Did you ever know any marriages by licence before the late act there ?

Forrest. I never saw one in my life.

George Dorman . I live in the Savoy.

Q. How long have you lived there?

Dorman. I have lived there about twenty years.

Q. Did you look upon it to be a jurisdiction of itself with regard to ecclesiastical matters?

Dorman. Yes.

Q. Did you ever know any bishop or archdeacon coming to do any acts there?

Dorman. No, I believe they never did.

Q. Have you ever heard any old people talk of it?

Dorman. No.

Q. Do you look upon it to be a place of exclusive jurisdiction?

Dorman. I always looked upon it as a place peculiar to itself.

Q. Have you ever served any office there?

Dorman. I have, overseer and chapel-warden.

Q. Do you know whether wills are proved there ?

Dorman. They are proved in the Commons I believe.

Q. Did you ever know any body, when all their effects were there, prove a will any where else?

Dorman. No,

Cross examination.

Q. Was there ever a will do you know proved in the precinct of the Savoy?

Dorman. No Sir.

Q. Do you know of any marriage there with a licence before the late act of parliament ?

Dorman. Yes.

Q. When?

Dorman. About twenty-five years ago.

Q. Who granted that licence?

Dorman. The bishop of London.

Q. Where do you baptize your children born there?

Dorman. At the Savoy chapel.

Q. Where do you bury your dead?

Dorman. In the chapel yard.

C. for Prisoner Do you know any licence ever granted by a minister to any under that jurisdiction?

Dorman. No, I don't know that.

Q. Before whom are you sworn chapel warden ?

Dorman. Before a justice of the peace; we assemble in the vestry-room. We are but a few people

Q. Do you take care of the poor?

Dorman. We do.

Q. What is the business of the chapel-warden ?

Dorman. To take care of the things in the chapel, and buy things for the sexton.

Q. From whence is that money?

Dorman. We do it out of the poor's rate.

Q. Where do you account for any of the money raised?

Dorman. In the vestry, amongst one another.

Q. Does not the crown pay most of the money?

Dorman. No. I know of no such thing.

Q. Did you ever see a justice's warrant to the Savoy?

Dorman. No.

Q. What! not to maintain their poor?

Dorman. Yes, I have to maintain their poor.

Q. Who is it directed to?

Dorman. Some times to the church or chapel-warden.

Richard Philips . I am clerk to the chapel in the precinct of the Savoy.

Q. How long have you been clerk?

Philips. About five years.

Q. Do you look upon it to be a peculiar jurisdiction ?

Philips. Yes.

Q. How do you govern yourselves?

Philips. There is a chapel-warden and overseer.

Q. Do they go to qualify themselves at the commons?

Philips. I never heard that they did.

Q. Who repairs the chapel ?

Philips. The minister has done several repairs.

Q. Has Mr. Wilkerson been minister since you came there?

Philips. Yes, he has.

Q. Do you know any thing of his granting licences there?

Philips. I know he did.

Q. Do you know he did before the late act of parliament ?

Philips. Yes, he did; he did so all my time, and they have been register'd in that manner.

Q. Have you known any licences from other courts brought there and rejected, as denying their authority?

Philips. I have several.

Q. Was you ever call'd to an account for rejecting such licences ?

Philips. No, never.

Q. Look upon this book?

Philips. It's the register book (taking it in his hands.)

Q. Is this the oldest you have ?

Philips. It is. There may be older.

Council. Read there.

Philips. July 6. Married Thomas Page and Elizabeth Price by licence, 1687. Here is a great many by publication of banns, and some by licence.

Q. Do you still continue putting them down in this manner?

Philips. We do, but do it more perfectly.

Q. Did you ever see in any register any alteration, where it was by a different licence?

Philips. I think I have seen two instances, one by licence from the archbishop of Canterbury, and the other from the bishop of London; all the other licences are by the minister of the Savoy.

Q. Whether you thought you was aiding and assisting in any fact contrary to act of parliament, when you assisted in these marriages?

Philips. No, I did not. I thought them good licences.

Q. Whether you ever knew any jurisdiction as to the bishops of London or Canterbury to be exercised in this chapel ?

Philips. No, I never.

Q. Did you ever look upon yourselves to be under any visitation ?

Philips. No, I never did.

Q. In what light did you look upon it?

Philips. I look'd upon it that the minister himself was ordinary, and sufficient to grant licences.

Q. What is the form of your licences?

Philips. The form of them is this '' That whereas '' such and such persons, aged so and so, are desirous '' to live in the holy state of matrimony, without '' publication of banns, &c. therefore he consents '' that the same be solemaized in St. John Baptist's '' chapel; and signs his name John Wilkerson , '' ordinary and minister.'' (He produced a licence on parchment.)

C. for Crown. What is that?

Philips. This is the licence the pair were married with.

C. for Crown. Was that fill'd up before they were married ?

Philips. It was.

C. for Crown. Was it sign'd by Wilkerson before it was fill'd up, or after ?

Philips. It was before it was fill'd up.

Q. Do you remember any thing of the marriage of Vernham ?

Philips. I do. I remember it was very remarkable. Vernham and miss Porteir came three or four days running, and desired to be married; they were refused because she was something under age. They could not be married unless she had her friends consent.

Q. Who refused it?

Philips. Mr. Grierson and I did. The last day they came, they brought two gentlemen along with them (who have been sworn ) to facilitate the marriage. She said she had a father, but her father and mother had been parted several years; but she said, as for me my father does not care if I go to the devil. We said you must have the consent of them, or else you must not be married. Then Mr. Death and the other gentleman went to the mother with a paper; for miss said she would never go home till they were married; and upon this the two gentlemen returned, and produced the mother's consent, and they both testified it, and said they saw the mother sign it; and we made them sign their names and places of abode. Then we fill'd up the licence, and they assented to every part contain'd there. The one declared himself a batchelor, the other a single woman.

Q. Whether you don't think Mr. Grierson used such caution for fear of offending against an act of parliament?

Philips. He was very cautious.

Q. Did not you beleive that to be a good licence?

Philips. I did believe it to be as good a licence as any from the archbishop of Canterbury.

Q. Did he use such caution in general?

Philips. He did. There is the utmost care taken not to break into the law.

Q. Upon the whole, whether Mr. Grierson did not appear as a person that took the greatest caution not to offend against this act of parliament?

Philips. He acted with great caution, rather to excess.

Q. How many couples have been married in the Savoy chapel since the commencement of the act?

Philips. I reckon about 1400 couple

Q. How many hundreds of them lived in the precinct?

Philips. There were many came distress'd from out of the country, big with child.

Q. How many families live in the precinct?

Philips. Really I can't tell.

Q. Tell to the best of your knowledge.

Philips. There may be thirty or forty families.

Q. How many couples do you judge might come distressed out of the country?

Philips. There might be 900 come big with child, some who could not be married any where else.

C. for Crown. Was you appointed surrogate ?

Philips. I was appointed clerk, not surrogate?

C. for Crown. Did you take your oath to do your duty as a surrogate under the bishop?

Philips. No, I did not. I did not apprehend I had any thing to do with the bishop.

C. for Crown. Where might Mr. Wilkerson himself be at the time of this marriage?

Philips. I believe he was not far off.

C. for Crown. Did he appear publickly then?

Philips. No, he did not.

Q. What might be the occasion that he did not appear?

Philips. There were bills of indictment and warrants against him, and he thought proper to go away.

Q. What might these bills of indictment be for?

Philips. They charged him with clandestine marriages.

Q. What time did he go away on the account of these bills?

Philips. He went away some time towards the la tter end of May.

Q. When was the time that he applied to this honest innocent gentleman to solemnized marriages in his stead?

Philips. In May.

Q. Was it before the bills of indictment or after?

Philips. It was after. Mr. Grierson married his own son at that chapel.

Q. Did Mr. Wilkerson keep a curate before these bills of indictment were found?

Philips. He has had some.

Q. Does Mr. Grierson officiate in the church in reading prayers, or preach?

Philips. No, there is one Mr. Brooks does that; he neither reads prayers nor preaches.

Q. Had Mr. Wilkerson a curate to solemnize marriages before?

Philips. No, he always did that himself.

Q. How was it possible he should think of Mr. Grierson ? how did he find him out? is he a settled minister ?

Philips. I really can't tell; he used to appear in his gown as a clergyman.

Q. Did he ever marry other people before; because I think Mr. Wilkerson would look out for an expert hand ?

Philips. He did not look out for him at all; as he was obliged to abscond, application was made for a person to fill up that part. People would come to be married, and we must have somebody to do it, or they would think themselves very ill used.

Q. Who made this application ?

Philips. He was sent for by Mr. Wilkerson's order.

Q. How came they to think of Mr. Grierson?

Philips. Because a little before he married his own son there.

Q. Where does the licence of the marriage of Vernham and his wife set forth that they lived?

Philips. It sets forth that he lived in the parish of St. Paul, Covent Garden, and she in St. Ann's, Soho.

Q. Do you ever take down where they come from?

Philips. Always, that is put down in the minute book.

Q. Then you married them let them come from what parish they would?

Philips. We did, let them come from what parish they would in England and Scotland. We married one couple that came from Dumfreis, and another from Dunbar in Scotland.

Q. Do you ever prove wills?

Philips. No.

Q. Do you ever grant letters of administration?

Philips. No.

Q. How long have you been there?

Philips. Only about five years.

Q. How long has Mr. Wilkerson's salary been stopped by the lords of the treasury?

Philips. About two years before I came, as I have heard.

Q. Did Mr. Grierson know the reason of Mr. Wilkerson's not being able to do the duty himself?

Philips. I believe not.

Q. How did they conceal it from him?

Philips. I don't know.

Q. Who applied to him for this licence?

Philips. I did myself.

Q. Do you ever take an oath concerning persons under age?

Philips. Yes.

Q. Do you fill up the licence without an affidavit?

Philips. When he is absent I fill them up.

Q. Did these two gentlemen make affidavit?

Philips. No they were willing to do it.

Q. Who takes the affidavit when Wilkerson is absent ?

Philips. The minister that marries them does.

Q. Did you ever know an instance where Wilkerson or Grierson took an affidavit?

Philips. There have been some; I never took any.

Q. How many out of the 1400 ?

Philips. I can't say.

Q. You were saying something of banns, were they that were married by banns people of your own precinct, or of other parishes ?

Philips. They were of other parishes.

Q. Did you ever know Mr. Wilkerson or Grierson proceed against any of these 900 women, that came big with child, for fornication ?

Philips. No, never.

Q. Do you know whether Grierson did officiate any where else before?

Philips. I can't tell.

Q. Did you never hear he married people before he came to the Savoy?

Philips. I have heard say he did marry people at May-Fair chapel.

Q. Did you ever hear himself say so?

Philips. I can't recollect I ever did.

The licence read to this purport.

'' Whereas Joseph Vernham , 22 years of age, of '' St. Paul's, Covent-Garden, Westminster, batchelor, '' and Jane Pottier , 20 ditto, of St. Ann's, '' Westminster, spinster, are very desirous to enter '' into the holy state of matrimony, without publication '' of banns, they solemnly declare there '' is no lawful cause to the contrary, &c.

'' I do hereby consent the said marriage may '' be solemnized in St. John Baptist's chappel, '' in the Savoy.

'' Given under my hand, the 14th day of June, '' 1755.

'' John Wilkerson , ordinary and minister.''

Q. for Crown. Was you by when this was sign'd and fill'd up?

Philips. I was.

Q. for Crown. Have you often banns published for people that do not live in the precinct ?

Philips. We often have.

Q. for Crown. Did you ever read the rubrick in the common prayer book before the order of matrimony ?

Philips. I cannot say.

Guilty .

See him tried in Sir William Calt 's mayoralty, at Guildhall, for marrying Jonathan Brooks to Miss Mary Redding, spinster, in an empty house, against her will.

To be had of Mrs. Cooper, at the globe, in Paternoster-Row.

[Transportation. See summary.]

48. (M.) Edward Faint was indicted for stealing 2 brass candlesticks, value 2 s. the property of John Sparks , October 16 .*

Acquitted .

49. (M.) Sarah, wife of Jos. Hobey , was indicted for stealing 2 pewter plates, value 2 s. the goods of John Velton , December 1 .

+ Guilty 10 d .

[Whipping. See summary.]

50. (L.) John Wingrove was indicted for stealing 1 metal bell, weighing 55 lb. value 3 l. 14 s. the property of John Porter , Esq . and Co. Nov. 16 .

++ Guilty .

[Transportation. See summary.]

51. (M.) Thomas Barnes was indicted for stealing 20 leaden weights, call'd silvering weights , the property of Charles Braxton and John Clark , Nov. 29 .

|| Guilty .

[Transportation. See summary.]

52. (M.) Christopher Wade was indicted for that he on the king's highway, on John Hughes did make an assault, putting him in fear and danger of his life, and stealing from his person 1 silver watch, value 3 l. and 14 s. in money numbered , his property, Sept. 27 . +

John Hughes . On the 27th of Sept. I was riding towards Barnet. The prisoner followed me up Highgate hill , till I got about 200 yards beyond the five-mile stone, when he came on my right hand, and said something. I he'd up my whip, and said, What do you mean? He said, D - n your blood your money in a minute, or else you are a dead man. I said, In a litt'e time he should have it, only give me leave to take off my glove. Then he said, Dispatch (two or three times) or you are a dead man. I pulled out my money, which was about 14 shillings, and gave it to him, thinking he would have gone off. He then said, You have a watch. I then said, I had none. He said, I'll search you. Then I pulled out my watch, and said, If you will have it, take it. It was not quite dark, even when I had reached Whetstone-turnpike. He was not above three quarters of a yard from me. I know the prisoner is the man. I since saw him and the watch at justice Fielding's.

Cross examination.

Q. Did you know the prisoner before?

Hughes. I can't say I ever saw him before, but very probably I might see him before, because I am in London every day in the week.

Q. Did you see so much of him, as to think you should know him if ever you saw him again?

Hughes. I said, as soon as I came home, I should know him wherever I saw him; and I verily believe the prisoner to be the man.

Q. And do you only verily believe he is the man?

Hughes. That is the man.

Q. Had he any thing on his face?

Hughes. No, he had not.

Q. Did he produce any instrument to you?

Hughes. He produced a horse pistol.

Q. How long was it from the time of your being lobbed till you saw him again?

Hughes. I was robbed on the 27th of September, and I did not see him till the 10th of November.

Q. What condition was he in then?

Hughes. His head was bound up, but he had the very self same face.

Q. Did not there appear to be a bruise on his face?

Hughes. No, there did not to my knowledge?

Q. At that time was he shewed to you, or did you pitch upon him?

Hughes. The door was opened, and the moment I saw him I said that was the man.

Q. How many people were there together?

Hughes. There were, I believe, 8 or 10 people in the room.

Francis Taylor . My boy had been out of an errand on the 20th of October, about nine at night he ran in, and said there was a pistol gone off, and a horse ran along with a man; I ran out, and there lay the prisoner on a bench, bleeding at his temple, and people standing round him; I said, for God's sake let us get him to the hospital. As he lay I saw the head of a pistol under his coat, I took it out and gave it to a gentleman to hold, and looked to see if there were any more. Then we carried him to the hospital, where I took his breeches, and found two half crowns, a bullet and some loose powder.

Q. Where did you first see the prisoner?

Taylor. He fell from his horse at the corner of Great Russel-Street, adjoining to Tottenham-Court road.

Q. Which way was he going?

Taylor. My boy said he was coming to London.

Q. What account did the prisoner give of himself?

Taylor. He was not capable of giving any account of himself that night. I went to justice Fielding's the next morning; where was justice Welch, and he went with me to the prisoner, and asked him where he had been; he said he had been at Brentford to see his master where he had worked; he was asked how he came to come down that road; he said he crossed the country for a ride. The next day there was this robbery talked of, and some country farmers came to our door, and said a man had stopped serjeant Draper's man. I had the horse he rode in my stable.

Q. What sort of a horse was he ?

Taylor. A black horse, upwards of fifteen hands high.

Q. to Prosecutor. What sort of a horse did the person ride that robbed you?

Prosecutor. He rode a black gelding I believe.

Taylor. Mr. Welch ordered me to bring the prisoner to him. When he was there Mr. Welch asked him what pistol that was that went off; he said somebody had pursued him to rob him. Mr. Welch asked him if he stood in his own defence; he said no, but he turn'd up a lane, and the highwayman followed and fired at him. Mr. Welch asked him if he himself had any pistols; he said no.

Q. Did you or Mr. Welch tell him you had found one upon him?

Taylor. No.

Cross examination.

Q. Did you think he was in his senses ?

Taylor. I can't really say; he spoke some things sensibly, but he was in a sad case.

Q. Was that pistol charged which you took from him?

Taylor. No, it was discharged. Justice Welch and I went to his lodgings, and broke open a little box, and found a brace of balls and two gun flints. He sent us wrong at first to his lodgings, saying he lodged at a place in Westminster; and at last we were informed by his master he lodged at the Dial in Queen-street.

Q. What is he?

Taylor. He is a journeyman baker.

Natious Jourdan. To the best of my knowledge the prisoner is the man that brought a watch to me, which was advertised in Mr. Fielding's paper. ( produced in court.)

Q. What did you lend him upon it?

Jourdan. I lent him 35 shillings upon it.

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

Prosecutor. This is the very watch I was robbed of, here is the name Thomas Pryer on it, and it winds up very weakly.

Q. to Jourdan. When was this watch brought to your house ?

Jourdan. It was brought on Tuesday the 17th of October.

Q. Had the prisoner ever brought any thing to you before?

Jourdan. No, he had not.

Q. Did he bring it by day light?

Jourdan. It was, but I can't tell the time to an hour.

Cross examination.

Q. Are you positive the prisoner is the man that brought the watch?

Jourdan. I don't take upon me to be positive, but I believe him to be the man.

Q. What do you know him by?

Jourdan. By his face; he has a remarkable face.

Q. Where do you live?

Jourdan. I live in Bedford-street, Red-Lion-square, Holbourn.

Q. When was the first time you saw him after the watch was brought to you?

Jourdan. I saw him in New-prison about three weeks after. Mr. Fielding order'd me to go and look among a number of people, to see if I could find him.

Q. How many people were there?

Jourdan. There were I believe 15 or 16. I saw no body else like him; so I pick'd him out at once.

Q. What was there so remarkable in his face?

Jourdan. A long nose and a down look; and when I heard his voice at Mr. Fielding's, I told Mr. Fielding I thought he spoke like the man; and I told him the prisoner was the same height.

Q. Had he a cap or a wig on when he brought the watch?

Jourdan. He had a cap on. Since that at Mr. Fielding's I saw him in a wig.

Q. to Prosecutor. Is that watch your own?

Prosecutor. No. I borrow'd it; but I was to pay so much money for it. I had that watch 4 months the last year.

Prisoner's Defence.

The pistol I took was for my own security, having heard that several robberies had been committed on that road; having a little money about me (but tho' I had not much of that, I had a life ) I thought proper to take sufficient care of myself.

For the prisoner.

Joanna Sparrow . I am nurse at the Middlesex-Hospital, in Tottenham-Court road. The prisoner was brought in there on Monday night; he was very much cut, and had lost a great deal of blood. The surgeon was sent for; and to the best of my knowledge he was not in his senses, and could not give reasonable answers.

Q. Do you recollect what he did not give reasonable answers to?

Sparrow. If I carried him a mess of water-gruel, he did not know but it was broth.

Mrs. Adkins. I am a nurse in the womens ward. The prisoner's sister came to see him; after that he desired I would go for her, to come and see him. I said she had been there.

Q. When was this?

Mrs. Adkins. This was on the next morning after he was brought into the hospital. I ask'd him how he did? and in the afternoon told him his sister had been there; he said he did not know she had been there. This was after Mr. Welch had been there.

To his character.

Samuel Wade . I am a baker. The prisoner is my nephew. I have known him ever since he was born; he never committed any thing ill that ever I heard of, till this accident. I have had him under my care these fourteen years. I intended him for my business and shop. He did not work with me at this time; he was gone from me about a year. When he was with me I did not lock up my money; he had an opportunity of doing any thing at my house.

Q. What was your reason for parting with him?

Wade. He went away from me.

John Cook . I have known the prisoner between 7 and 8 years: he always was very honest for what I heard.

Benjamin Gee . I have known him about 6 years: he has been upwards of 2 years a servant with me. He was a very honest good servant; he has had the taking of a good deal of money of mine. I never heard any thing amiss of him till this time. I came here to give him this character without any subpaena.

Jos. Witicker. I am a smith. I have known him these 8 years: he is a very good honest man to the best of my knowledge.

Edward Maybow . I am a baker. I have known the prisoner about 5 or 6 years: he has worked for me when I have been sick, or my men have been out of the way. He has demeaned himself honestly; he has wrote my books out; and my wife has trusted him with the buroe, where the money was: he might have taken out money, and I never missed it. He has many times wrote bills for me; and he always was a very honest man till this thing happened.

Henry Hutchens . I am a farmer. I have known the prisoner some time. He always was an honest man; and I never heard any ill of him till this time.

William Collins . I am a baker. I have known him, I believe, seven years at least. He was servant to me at the time he had this fall. If I had had cool. in my house, my opinion is, I could have left it unlocked. Could he get over this affair, I should have no objection to taking him a gain.

Q. Was that box the prisoner's where the balls were found?

Collins. As far as I know it was.

Q. Was that box locked?

Collins. It was?

Q. to Taylor. Is this the person that shew'd you the prisoner's box ?

Taylor. He did; it was in a room up 2 pair of stairs.

Edward Pool . I am a peruke maker. I live in Castle-street, by Leicester-Fields. I believe I have known the prisoner ever since he has been in town; and I never heard any misbehaviour of him till this affair. I always looked upon him to be a very honest fellow; and I came voluntarily here to give him that character.

Mathew Sterne . I have known the prisoner about seven years. He was always a very sober and industrious man: that was his general character. I once lent him 3 l. 18 s. and he paid me, at different times, very honestly.

Richard Prosser . I lived very near the prisoner, and have known him a great many years. I always looked upon him to be a very honest man.

George Eastman . I am a baker. I have known him 8 or 9 years. He is as honest a man as ever I saw in my life; he is as sober a man as ever was born.

Q. to Prosecutor. Is it possible you should be mistaken? Or had you a clear sight of him ?

Prosecutor. I am not at all mistaken; I am certain he is the man.

Q. to Pawnbroker. Do you verily believe, or are you mistaken in the person that brought the watch?

Pawnbroker. I had such a view of him, that I do not think it possible to be mistaken.

Guilty . Death .

53. (M.) Thomas Wilson was indicted for that he in the dwelling house of Alexander Macdaniel , on William Innis did make an assault, putting him in corporal fear and danger of his life, and stealing from his person 10 shillings in money numbered, his property , Nov. 21 . ++

William Innis . I was taken up by my master, who is a chaser, upon suspicion of robbing him of some prints, and carried before justice Fielding, who committed me. There was at the same time one Wigmore, a stranger to me, who was committed also. We were handcuffed together. Going along Longacre, in our way to the Gatehouse, a parcel of people came behind us: one struck me cross the shoulder, another cross the loins, which brought me to the ground. I did not know the meaning of it; but soon found they wanted to rescue Wigmore. As we were fastened together they took us away through several turnings, till they brought us into the Long Fields. The prisoner was one of the rescuers. The prisoner demanded six-pence of me to file the irons off. I gave him six-pence, and he and another went to buy the files, while another man stood with us there. When they came with the files, they brought us near a lamp, at the entrance of the field; there Wilson attempted to file the hand-cuffs off from Wigmore. They were afraid of being discovered, as they were so near a lamp; so they agreed to go to a room of their acquaintance: upon which they carried us into Gray's-Inn-Lane , to the house of Alexander Macdaniel , a shoemaker; there Wilson was the chief person that assisted in filing the hand-cuffs off Wigmore. They released him; but the irons were left upon me. Then I said, I hoped they would release me, as they had done the other. Then Wilson said, Let's see what money you have got. I told him, I had but little. He put his hand into my pocket, and took out 10 s. and three halfpence.

Q. Did he threaten you at that time?

Innis. No, he did not. I told him, I hoped he would not take it and he said do you grudge and took up a hanger, and drew it about half way out of the scabbard; and gave me the money again. I was afraid he was going to murder me. So I told him I did not grudge it, and gave it him again.

Q. Was you put in fear when you gave it him again ?

Innis. I did it through fear. Then he said there's a brave fellow, and gave me back a shilling.

Q. Did he tell you what use he'd make of the money?

Innis. No, he did not.

Prisoner. I returned the money to him, and said I did not want it; he said you deserve it for the good services you have done in the rescuing of me.

Innis. I did not mention such a word.

Q. from Prisoner. Did not you and your comrade say, if you had 20 l. you would give it me for rescuing you?

Innis. I had no comrade. I did not mention such a word. After my hand-cuffs were off, I went and voluntarily surrender'd myself to justice Fielding.

Hugh Kelley . I follow'd these men till they came to Macdaniel's house. After the irons were off, the prisoner ask'd Innis if he had got any money; he said he had got but a very little. Then Wigmore said I have got no money; I will pawn my coat. Then the prisoner put his hand into Innis's pocket, and took out some money, and said here's nine or ten shillings of it, and held it out in his hand; after that he said do you grudge it, if you do, take it again; and put it back into his hand. No, said Innis, I don't grudge it, and gave it him again.

Q. Did you see a hanger in Wilson's hand at the time, part drawn out ?

Kelley. I can't be positive whether the hanger was drawn out, or not. After that he gave him back a shilling, to get him a lodging.

Q. Had Wilson a hanger?

Kelley. He had, at the time of the rescue; after that I saw it lying on a chest of drawers in Macdaniel's house.

Prisoner's defence.

They call'd me out of a house in Drury-Lane, and said there is such a one going to Bridewell, for a quarrel, it is a pity he should go. So I went out. Afterwards that lad gave me 10 s. and I gave him a shilling back again.

Acquitted .

He was detain'd to take his trial at Hick's-Hall for rescuing Wigmore.

54. (M.) Jane, wife of James Fowls , was indicted for stealing 1 linen gown, 1 stuff petticoat, 1 silk capuchin, 1 cloth cloak, 4 silk handkerchiefs, 1 pair of silver tea tongs, and 2 linen aprons , the goods of John Hammond , Nov. 28 . ||

Ann Edwards . I live servant with John Hammond . The prisoner was servant to Mrs. Nugent, and lived in the same house. My mistress came home and pull'd off her cloaths at night, this day se'nnight. The next day we missed the things.

Q. What things did you miss?

Edwards. We missed a dark cotton gown, a petticoat, 4 silk handkerchiefs, a silk capuchin, a cardinal made of scarlet cloth, one loose gown, two white aprons, and a pair of silver tea tongs; they were the property of Mr. Hammond, and left in my care. The prisoner was missing when they were.

Sarah Nugent . Mrs. Hammond lodged at my house. The prisoner was my servant. Mrs. Hammond missed the goods mention'd, and the prisoner absconded from her service. I went up and down to see if I could find her. She was found on the Tuesday, and had the gown on at the time.

Q. Did you see it on her?

Nugent. I did. We have got most of the goods again. She came up to town to look for her husband, and was in great distress. She heard he was in town, and I believe she took the things through vanity, with intent to appear before him, and to return them again.

Q. Do you know whether she had seen her husband ?

Nugent. I don't know that she had.

Q. What goods have you got again?

Nugent. All but the capuchin and tea tongs.

Q. Did she say what she had done with them?

Nugent. She said she had pledg'd them somewhere in Tyburn-road, but could not tell the place; there were two of the handkerchiefs missing, but she said she did not take but two. She cry'd bitterly when she saw me, and beg'd my pardon. She behaved herself very well with me.

Prisoner's defence.

I did intend to bring these things, back again. I had not seen my husband till last Friday, which was the first time I saw him since I came to London. I met him accidentally in the street, the day I went away; and I went to him.

Q. to Sarah Nugent . Do you think she would have came back, and return'd the goods, had she not been pursued?

Nugent. Indeed, my lord, I do believe she would.

Guilty 10 d.

When the prisoner came to receive her sentence to be privately whip'd, she much desired to be transported for some years; and the Court, after some time, did comply with her request; for which she returned them thank .

55. (M.) James Dawson was indicted for stealing 2 hempen sacks, value 2 s. and 8 bushels of malt, value 17 s . the property of Charles Bullock , Nov. 7 .*

Jonathan Sanders. I am a corn lighterman; my lighter lay at Milford-Lane wharf to be unloaded; there was some malt in her belonging to Mr. Charles Bullock . During the time she lay there, there were two sacks of malt missing.

Q. When did she come there?

Sanders. She came there on the 5th of November, and laid there some days. I had been inform'd such malt had been sold on the 7th at Erith. I went down there, and found 2 sacks, one in the possession of one Massiter, the other Capling. They were two sacks I lost out of my barge.

Q. Was the malt in them when you found them?

Sanders. It was. The two men came up to town with me, to shew me the man they bought it of. We had a warrant, granted by Mr. Welch, to apprehend one Benjamin Brown and the prisoner. We took up the prisoner, and he got away again; after that I met him in the Strand, and secured him; and he acknowledged he was at the selling of the sacks.

William Messiter . I went to an alehouse at Erith; and the prisoner came to me, and ask'd me if I would buy some sweepings of malt that he had bought. I bought one sack of malt of him for 7 s. (he produced the empty sack.)

Q. to Sanders. Look at this sack. Do you know it?

Sanders. This is my sack; for here is my name upon it.

Q. to Messiter. Was the prisoner alone when you bought the malt of him?

Messiter. There was a boy along with him. I believe I should know him, if I were to see him again.

Q. Was it good malt?

Messiter. It was good malt.

John Capling . On the 7th of Nov. I bought a sack of malt of the prisoner and Ben. Brown, they said it was sweepings. I gave 5 s. for it. The prisoner said there were two bushels, the other said it was there were three. I computed it to be three bushels. Jonathan Sanders came down and saw it. The sack, with the malt in it, is now at home.

Q. to Sander's. Do you know that sack you saw at this witness's house?

Sanders. It is my sack, but not marked with my name; it was marked W. F. and was one that I lost at the time mentioned.

Prisoner's defence.

I was coming out of Salt-water, when I met Ben. Brown, in Woolwich-reach: he told me he had got two sacks of sweepings in his boat, and, if I would go down with him to Erith, he would get some dinner there; so I went with him. Since which he has made off.

To his character.

Stephen Fetts . I have known the prisoner about 6 years. He always behaved like an honest man.

Thomas Bullock . I have known him 5 years. I never knew any harm of him in my life.

William Smith . one of the jury that tried him. I knew the prisoner, when he belonged to a man of war, 7 years. I was on board the ships at the time. He belonged to the Elizabeth, Cambridge, and the Argyle, under one captain. He behaved so well the captain would not part with him. He was his cockswain.

Guilty .

[Branding. See summary.]

56. (M.) John Furgerson was indicted for stealing 11 pair of worsted stockings, value 15 s. the goods of John Hayman , privately, in the shop of the said John, Nov. 6 . +

Eliz. Hayman. My husband's name is John. I keep a shop in Westminster, the Hat and Bever, in Bridge-street . On the 6th of November, about 7 o'clock, the prisoner came into our shop, and asked to see some stockings. I did not like the looks of him, and therefore refused to shew him any, What, says he, do you think I want to steal them? I said, I had nothing that would do, and beg'd he would go. He turn'd about, and took 11 pair of women's stockings out of the window. He ran away, and I call'd out, Stop thief. He was taken in the street; but was out of my sight when taken.

Henry Jackson . I was at the taking the prisoner: he had dropped the goods, but not in my sight.

Thomas Griffith . I live opposite the prosecutor. The gentlewoman call'd, Stop thief. I ran and enquired of several people, if they saw a man running. I was told they had. I went on to Dean's-place, and a gentleman laid hold of him, and left him with me, till he went and got assistance. In the mean time he ran away, and I after him, and in Queen-street, Westminster, he was laid hold on and secured.

William Lemberick . I heard the cry, Stop. thief, when a man ran up Deans-place. After that I went up there, and picked up a bundle of stockings, and deliver'd them to Griffith.

Will. Bright. I am constable (he produced the stockings. )

Q. to prosecutrix. Whose stockings are these?

Prosecutrix. They are the stockings I lost that night.

Prisoner's defence.

That afternoon I had been drinking with my serjeant. I belong to the guards. We had two pots of beer; after which we went to the Chequer, in Stable-Yard. Then he desired me to go and sit up in the hospital with a sick man. I said, I was to go to work in the morning, and so did not go. After I had parted with him, I met Mary Doyle and Sarah Stockdale , with whom I went to Westminster-market, to buy a piece of meat. We had a full pot of beer at the Duke's-head, in Longditch; and going along there was the cry Stop thief; so they took hold of me.

Mary Doyle and Sarah Stockdale deposed they were with him at the time of the hue and cry; but it gained no credit with the jury.

Guilty 4 s. 10 d.

[Transportation. See summary.]

57. (M.) Elizabeth Radnall , spinster , was indicted for that she, on the 26th of November , about the hour of twelve at noon on the same day, the dwelling house of Thomas Longstaff did break and enter, no person being therein, and stealing out thence one linen shift, value 12 d. two linen aprons value 4 s. one pair of worsted stockings, value 12 d. his property. +

Mary Longstaff . My husband's name is Thomas, we live in Shoreditch . On the 26th of November my husband and I went out between 9 and 10 o'clock, I locked the door and left no body in the house. I was sent for between 11 and 12, and told my house was broke open; I went home and found the prisoner in the house. There was a shift, two aprons, and a pair of stockings missing; I found she was stopped with the things upon her, and brought back with them.

Q. What part of your house was broke?

M. Longstaff. No part at all. I asked her how she got in, she said she could not tell; I asked her what business she had with my things, she said she could not tell.

Q. Where were the things when you went out and locked the door?

M. Longstaff. The stockings hung upon a line, my aprons were in a drawer, and my shift lay on a chair, all in the house.

Sarah Cowcroft . I live over-against the prosecutor. Between the hours of 11 and 12 I saw the prisoner go up the alley, and go into the prosecutor's house, and soon came out again with the things in her apron. I went after her, and took hold on her, and asked her what she had got; she said she had nothing. I took her back, and she laid the things down; I then got assistance, and kept her there till the prosecutrix came home, who owned the things as her property.

Jane Frame . I was in my mistress's kitchen, named ood, and Sarah Cowcroft called me out to assist her; I ran out after her, she ran and stopped the prisoner and brought her back, who put down the things, a shift, a coloured apron, a white apron, and a pair of stockings.

Thomas Archdeacon . I am a headborough. The prosecutrix came to my house and told me she had been robbed, I went with her and took charge of the prisoner. I took these keys out of the prisoner's pocket, ( producing some. ) I took and tried them, and one of them opened the prosecutrix's door as well as her own key. (He produced the goods mentioned in the indictment.) These were delivered into my care before the justice.

Q. to Prosecutrix. Look at these goods.

Prosecutrix. They are my property, the same that I mentioned before, as having missed out of their places.

Q. to Jane Frame . Are these the goods you saw the prisoner lay down.

Frame. They are.

Prisoner's defence.

I had drank part of four pints of twopenny, and was going to a house in order to sleep; but, at returning, a woman met me, and push'd me into that house. I had not been into that house before.

To her character.

Jane Spencer . I have known the prisoner about three years. I never knew any harm of her.

Ann Turpin . I knew her 8 or 9 years. I never knew any ill of her.

Elizabeth Parr . The prisoner is my own daughter, and all the children I have in the world. She has behaved well. She is a quilter, and as hard a workwoman as any in the world.

Guilty of felony only.

[Transportation. See summary.]

58. 59. (L.) Philip Abraham and Francis Unwin were indicted for privately stealing one five moidore piece, four guineas, and one half-guinea, from the person of Mary Chickley , the property of Thomas Chickley , her husband . Nov. 7 . ++

The prosecutrix deposed she was stopped in a crowd, on London-bridge , Nov. 7, at night, and had her pocket picked of more money than was mentioned in the indictment; but not being able to swear to either of the prisoners, and she only saying, that she thought Abraham was the man who held her by the shoulders while her money was taken, they were acquitted .

James Dillion , capitally convicted in September sessions, and John Carrol in October, received his most gracious pardon; on condition the first to be transported during his natural life, the other for fourteen years .

Ann Philips and Margaret Macdaniel , whose sentence was respited in September sessions, received sentence to be imprisoned three days , after which to be transported for seven years .

Stephen M'Daniel , John Berry , James Egan , otherwise Gahagan , and James Salmon , tried in August last, the verdict made special, received the opinion of their lordships the judges (to be acquitted) on that indictment . There was another preferred against them for a conspiracy.

John Benson , Samuel Dibble , otherwise Dipple , and Jonathan Wigmore , capitally convicted in September sessions; and Rowley Hanson in October sessions, were executed on Wednesday the 26th of November.

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

Received sentence of death 6.

William Rutherford , Thomas Broadhust , Daniel Little , Christopher Wade , Richard Jeffreys , and Elizabeth Dove .

Transported for 14 years 2.

John Grierson , and Joseph Finnimore .

Transported for seven years 26.

Margaret Cooley , Thomas Davis , John Clayton , Susannah Stafford , John Peirson, Thomas Barnes, John Wingrove , John Hipworth , Rachael Marshal , Thomas Lampart , Joseph Stevens , Thomas Mullings , Peter Reddy , Ann Stafford , Thomas Haskins , Judith Couliman , Eleanor Hull , Elizabeth Randal , Elizabeth K, Elizabeth Delmore , Rebecca Chinnery , John Fugerson, John Weston , James Blunt , James Pottle , and John Fowls .

To be whip'd 2.

Henry Johnson , Sarah Hobey .

To be branded 2.

Vannch Johnson, James Dawson .

James Dillion , capitally convicted in September sessions, and John Carrol in October, received his most gracious pardon; on condition the first to be transported during his natural life, the other for fourteen years .

Ann Philips and Margaret Macdaniel , whose sentence was respited in September sessions, received sentence to be imprisoned three days , after which to be transported for seven years .

Stephen M'Daniel , John Berry , James Egan , otherwise Gahagan , and James Salmon , tried in August last, the verdict made special, received the opinion of their lordships the judges (to be acquitted) on that indictment . There was another preferred against them for a conspiracy.

John Benson , Samuel Dibble , otherwise Dipple , and Jonathan Wigmore , capitally convicted in September sessions; and Rowley Hanson in October sessions, were executed on Wednesday the 26th of November.

Sarah Robertson and John Hunt stood on the pillory pursuant to their sentence of last sessions, on Wednesday the 26th of November.

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