Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 August 2014), January 1756 (17560115).

Old Bailey Proceedings, 15th January 1756.

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 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of JANUARY.

In the Twenty-ninth Year of His MAJESTY's Reign. NUMBER II. for the YEAR 1756. Being the Second 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, 1756.

[ 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; the Lord Chief Baron PARKER, * Sir THOMAS BIRCH , Knt. + Mr. Justice WILMOT, || 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.

George Taylor

William Dawson

Martin Capel

Richard Gosling

Alexander Strahan

John Knight

David Mowden

Richard Barrif

Thomas Smith

John Mason

Thomas Gar

Christopher Bradgate

Middlesex Jury.

William Heritage

Samuel Slaid

William Collings

Samuel Doyley

Daniel Barnes

John Girdler

John Carpenter

Jonathan Jennings

Griffith Edwards

William Staples

Edward Firts

John Skirman

60. (L.) Elizabeth Smith , spinster , was indicted for stealing 1 silver watch, value 4 l. the property of James Millner , Dec. 11 , to which she pleaded guilty .

[Transportation. See summary.]

61. Joshua Reed was indicted for stealing 1 linen handkerchief, value 6 d. the property of George Abraham , Dec. 30 . ++

George Abraham . On the 30th of Dec. I was going out with some goods from my master's shop, a linen draper's in Leadenhall-street , when I saw the prisoner near me, as I was in the same street; he put a handkerchief under his coat; I felt, and missing mine, I asked him if he had got my handkerchief: He said, No. I said I missed mine. He said, the man behind me had got it. He turn'd himself about, and threw my handkerchief on the ground; he then ran away, and was taken by a gentleman's servant in St. Mary Axe. (the handkerchief produced in court, and deposed to ) The prisoner said, if I would forgive him, he would never do so again.

Q. When did you see the handkerchief last?

Abraham. I had it in my pocket when I went out.

Prisoner's defence.

I am a watch-maker's apprentice . I was walking down Leadenhall-street, where I saw a handkerchief lying on the ground. I picked it up; the prosecutor came and charged me with taking his handkerchief. I said it was not his. He said it was. Then I threw it on the ground, and said, he should pick it up, as I had done. He call'd, Stop thief, so I ran away.

Guilty .

[Transportation. See summary.]

62. (M.) Mary Dodd , spinster , was indicted for stealing 1 l. 19 s. 6 d. the money of James Sise , William Hayman , Richard Williams , and Samuel Woodard , from the person of James Sise , privately and secretly , Dec. 29 .*

James Sise. William Hayman and I were comeing through St. James's-park , when we met with the prisoner at the bar. William Hayman gave her money to be concern'd with her.

Q. When was this?

Sise. It was on the 29th of Dec. about half an hour after 1 o'clock at night. After that I felt her hand in my pocket, and missed 1 l. 19 s. 6 d. out of my bag.

Q. Who did it belong to ?

Sise. It belonged to William Hayman , Richard Williams , Samuel Woodard , and myself, we being fellow servants. It was Christmas box money. There was in the whole 4 l. 16 s. but when I told it over there was only 2 l. 16 s. 6 d.

Q. Did you see any money in the prisoner's hand?

Sise. No, I did not; but as I was going to take her out of the park, I saw her put forth her hand to the centinel, as though she was going to give him money. The justice was not to be spoke with that night, so I took her to the watch-house at Covent-Garden, and the next morning before justice Fielding, to whom she owned she had pick'd my pocket of something; but could not say how much.

Joyce Carrey . I keep the watch-house in Covent-Garden; I search'd the prisoner at her being brought in, and found some money upon her, and she produced some more from out of her bosom to the amount of 1 pound 8 shillings.

Prisoner's defence.

As I was going through St. James's-park I met with this man and another; they asked me where I was going: I answered, Home. They wanted me to take them with me: I said I could not. Then they asked me if I could take them some where else: I said no, I could not. Then this young man said, if I would let him go and lie with me, he would give me some money. He shew'd me some silver, and desired me to lie down on the grass: I said, no, I would not. He said if I would lie down he would give me some more: then I lay down, and he lay with me. When he had done he called for the other man to come and lie with me: He came, but I would not let him; then he pulled me down, and I call'd out. After that the man that is here said I had rob'd him; but he gave it me to lie with me.

Prosecutor. I did not lie down with her, neither did I give her any money. I believe my fellow servant was concern'd with her for his 6 d.

Guilty of stealing, but not privately, from his person .

[Transportation. See summary.]

63. William Myers was indicted for stealing 1 silver tankard, value 39 s. the property of Charles Stubbs , Dec. 30 , to which he pleaded guilty .

[Transportation. See summary.]

64. (M.) Elizabeth Yates , spinster , was indicted for stealing 1 pint silver mug, value 18 s. the property of Samuel Clark , Dec. 24 .*

Samuel Clark. I had a silver pint mug taken out of my house on the 24th of Dec. between the hours of 3 and 6.

Q. Why do you charge the prisoner?

Clark. She was the only person that was in the house at the time. I had left her in the house while I went down to draw a pot of beer, and she and that were missing together.

Q. Have you found it since?

Clark. I have. Produced in court and deposed to.

Samuel Spencer . I am a pawnbroker. On Christmas evening, between 6 and 7 o'clock, the prisoner brought this mug to me, and desired I would lend her 15 s. upon it. I took it in my hand, and asked her whose it was: She said, It is mine. I said, Pray how long have you had it: She said, A great while. Who bought it? My husband. What might he give for it ? She said there was some old silver in exchange, so she could not tell the price it cost. She said she wanted but 15 s. to make up some rent, and she would fetch it again next week. Don't you, say'd she, know me? I brought a tea-spoon before. I said I did. I lent her the money, and she went away. The next day about 11 o'clock I read in the Advertiser, '' A silver pint '' mug, marked E. M. M. stole out of the Two '' Chairmen, in Warder-street, Soho.'' I sent my daughter to the house, to desire Samuel Clark to come to me. He came. I said, You have advertised a mug. Is it remarkable? I asked him this because the mug had a wooden bottom, not mentioned in the advertisement. He said there is E. M. M. on the handle, and it is very much bruised. I said, Is there any thing else: A wooden bottom, said he. I said, I have your mug. I asked him whom he suspected: He said a woman nam'd Eliz. Davis (a name the prisoner went by) and that he had lost two silver tea-spoons. The prisoner brought me another tea-spoon when she brought the tankard. He took her up, and I went and saw her; when she said she neither knew me nor the mug. She had altered her dress; but I was certain as to her, and swear that I took the mug of her.

Q. to Prosecutor. Did this evidence mention to you as he has related here?

Prosecutor. He did.

Prisoner's defence. I know nothing at all of it.

To her character.

Ursula Hornise . I have known the prisoner about 12 years. I never heard any thing amiss of her. She was my servant 3 years.

Eliz. Jennings. I have known her above twenty years. I never knew or heard any thing amiss of her before this. I have trusted her all over my house divers times.

Margaret Smith , I have known her ten years. I never heard any thing of her but what was very honest.

Richard Smith . I am husband to the last evidence. I have known her above ten years. She always bore a very good character.

Guilty .

[Transportation. See summary.]

65. (M.) Joseph Cartwright was indicted for stealing in money numbered , the money of Sarah Pool widow , Dec. 10 . ++

Sarah Pool . I lost money several times out of my drawer; but could not tell who took it.

Q. What are you?

S. Pool. I keep an oil and colour shop. the prisoner was my porter . I consulted a friend, who is my next witness, about finding the thief out. He said, Give me some halfpence, I will mark them; and you shall see me lock them up. This was done the 8th of Dec, He gave me the key the next morning when I missed 10 d

Q. What did you mark?

S. Pool. Four shillings in halfpence, and 6 d. in farthings. The drawer was always lock'd, and I found it so.

Q. Had the prisoner access to the drawer?

S. Pool. No, never but he lived in the house, and might go into the shop when he would. I concluded, to trust him another day so on Tuesday after we put in 6 s. in halfpence mark'd. The next morning I took them out, and gave them to Mr. Kendal to count them; there were 1 pence halfpenny gone. I had a little before missed a crown piece out of the drawer. Mr. Kendal and I went and brought a search warrant to search all my servants; we took up the prisoner, when the constable told him it was on suspicion of robbing his mistress. Then we took him backwards, and he pulled out his money. Mr. Kendal took up a halfpenny, and said, I'll swear this I marked. In all they found 21 halfpence, all marked; then the prisoner cry'd, and desired me not to take him before a justice. The constable said, Young man how much do you think you have rob'd your mistress of? He said he never rob'd me of any more than about 6 or 7 in half pence. The constable said, How could you rob her, for she says her drawer is always lock'd? He said, if you will go round the counter I will show you. He went and took up the counter and pull'd it up, then put the bolt out, and took the draw out. I had before found the drawer up by so doing, and knock'd them down. We took him before the justice, where he confessed the same and shewed us, by his table, how he lifted the counter up.

Cross examined.

Q. What Justice was you before?

S. Pool. Before justice Trent.

Q. What wages did you owe him at that time?

S. Pool. A year and a half's wages were in day hands, and other money to the amount of and odd shillings, that I have paid him since, and him his cloaths.

Q. What occasion had he to rob his mistress of six or seven shillings, when she owed him so much money?

S. Pool. It was not six or seven shillings, but a great deal of money I had lost.

Q. Did he say he rob'd you?

S. Pool. He said he had never rob'd me of any more than about six or seven shillings.

Q. Did he use to receive money for you?

S. Pool. When I sent him out with a bill he has.

Q. Did he not use to give change in the shop in a morning?

S. Pool. No, never.

Q. How can you swear that, when you was in bed at the time ?

S. Pool. He never was trusted to do it. I always confined that to my daughter; no body had the key of that drawer but she and I.

Q. How long have you been acquainted with Mr. Kendal?

S. Pool. A great many years.

Q. What is he?

S. Pool. He is a master painter; my husband and he were as brothers.

John Kendal. Mrs. Pool told me she suspected her servant (the prisoner) had rob'd her of a good deal in money at different times. I said why do you suspect him? She said by his dress and the money he spent; and that he took up no wages. I said the best way will be to mark some halfpence, and put them into the till, and by that you'll be able to find out the thief. I marked some on the 8th of December, and look'd them in the till, and gave her the key. The next morning she took them out, and delivered them to me. I counted them over. We missed nine pence and two farthings (he was then gone out of some errand). The next night I marked six shillings worth of half pence and farthings more, and put them into the till. The next morning we missed fourteen pence halfpenny. Then she, I, and Mr. Laybourne went and got a warrant, and took up the prisoner, and taking him backwards, desired him to pull out his money; he took out some from his breeches pocket and laid it in a chair, amongst which were twenty-one halfpence which I had marked the over night. Then Mrs. Pool said, Joseph, how could you rob me who have been so good a mistress to you ? Then he began to cry, and said he never took any more. The constable said you had better confess what you have taken; he said he believed he had taken six or seven shillings in halfpence. I said I wonder'd he never took silver or gold, he said he never did. Then he said he'd shew us, if we would go into the shop, how he got the till open, which he did by lifting the counter up with both his hands to get the bolt clear, then he drew out the till, and shew'd us how he used to take a handful of halfpence promiscuously as they lay. We took him before the justice, where he confessed the same.

Cross Examination.

Q. Do you know of any halfpence being put into his pocket?

Kendal. No, I do not. There could be no such thing, he had them in his breeches pocket.

Q. Might not the money have been in the coat pocket before it was in the breeches pocket?

Kendal. He had not his coat on, that was then above stairs.

John Laybourne . I served the prosecutrix with goods. I call'd to see her, to know if she wanted any thing in my way; she told me she was rob'd. I went with her and Mr. Kendal to take out a warrant to apprehend the prisoner. We got a constable, who told him he was his prisoner, and took him backwards to search him; then the prisoner pull'd out some halfpence from his breeches pocket, and laid them down in a chair. I saw some of them were mark'd (a parcel of halfpence were produced in Court.) These are the halfpence which were marked, and were amongst those which the prisoner took out of his pocket. I was present before the justice, and heard the prisoner confess there that he believed he had rob'd his mistress of about six or seven shillings in halfpence.

Mr. Douglas. I am constable. On the 10th of December last Mr. Kendal and the other evidence came to me with two warrants, one to search the prosecutrix's house; the other to take up the prisoner for robbing her till. I went along with them to her house, the prisoner was in the shop; Mr. Kendal said that is your prisoner. Then I told the prisoner I had got a warrant against him on a strong suspicion of his robbing his mistress's till; he said God forbid he should do such a thing.

Q. Did you hear him confess anything ?

Douglas. I saw him take hold of the counter, and lift it up, and it draw'd the nails on each side the till, by which means the till could come out with ease. He said he just put his hand in and took out a handful of halfpence, and then left it as he found it. I ask'd him how much he thought he might rob his mistress of; he said if I would ask her not to take him before a justice, he would return her the money that he thought he had rob'd her of; which he said was about 6 or 7 s. He said his mistress owed him fifteen pounds. She said she would pay him that at any time. These halfpence here have been in my custody ever since.

Prisoner's Defence.

These halfpence were not in my breeches pocket, they were in a waistcoat pocket of mine (put in by somebody) that had hung up in the shop two or three days. I might take them out and put them in my breeches pocket for what I know, for I pull'd off another waistcoat, and put that on that morning.

To his character.

John Stevens . I deal with the prosecutrix for goods; the prisoner used to bring them home. I never saw any thing but civility by him. I look'd upon him to be an honest man.

Patrick Bready . The prisoner used to bring goods from his mistress's to my house. I never knew any thing but what was civil and honest by him.

John Mosley . I always took him to be a very honest man. I have known him a year and half.

Mr. Webb. He has often brought things to my house from his mistress. I always took him to be an honest man.

Preston Powel . I always took him to be an honest man. I have known him some time.

Hannah Cordoroy . I was fellow-servant with the prisoner about a year and half at the prosecutrix's house. I always took him to be an honest man till this affair.

Guilty .

[Transportation. See summary.]

66, 67. (M.) Sarah Lamprey , spinster , and Mary wife of James Childerey , were indicted for stealing 12 yards of cloth made of linen and cotton, value 13 s . the property of Thomas Law , Jan. 8 . ++

Thomas Law . I live in Whitechapel , am a linen-draper . I was abroad at the time. (He produced a piece of cheque ) Here is my private mark upon it; I know it to be mine. There was an information brought to our shop of a piece of cheque being taken from thence. The day following I went before the justice and saw this piece there; the two prisoners were there. I charged them with taking it out of my shop. Sarah Lamprey acknowledg'd she took it, and said the other did not know any thing of the matter. The other was examined, and said she knew nothing of it.

Q. Did you ever see either of them in your shop?

Law. I don't remember I ever did.

Richard Law . I am brother to the last witness, and am his apprentice. This piece of cheque produced here is my brother's property.

Q. How do you know it?

Law. I know it by the mark. The two prisoners came into the shop together, to buy a shirt; they bought one, and paid for it.

Q. Were they both concerned in buying it?

Law. They were; they had not been gone half a quarter of an hour before Sarah Warner came and asked me, if 2 such women had been there, and described them: I said they had. Said she, Have they bought a piece of cheque? I said, No. She said, she saw one end of it drop from one of them in the dirt, the end having got loose. She said she could shew me where they lived. I went with her, and asked if they had taken a piece of cheque: They said no; upon which Mary Childerey said, For God's sake fetch the cheque; don't let me have a noise about it. Lamprey pretended she knew nothing of it; at last she fetch'd it, and this is it. Lamprey said she took it under her apron from our shop. Then the woman that inform'd me went and brought a constable, and they were taken up, and put in the watch-house, my brother not being at home. The next day they were taken before the justice, where Sarah Lamprey owned she had taken it.

Sarah Warner . As I was sitting by my barrow I saw Lamprey drop a piece of cheque, and she catch'd it up in a hurry, seeming to be affrighted, upon which I thought she did not come honestly by it. I went to the prosecutor's shop, and asked if they had bought some cheque there, and told the young man what I had seen. He went with me. We asked a child where the women lived, who told us.

Q. Did you hear either of them own they took it out of the shop?

S. Warner. Sarah Lamprey owned she took it under her apron; and she also said the same before the justice. She said the other knew nothing of the taking it.

Lamprey's defence.

I took it to be sure; this other woman knew nothing of it.

For Mary Childerey .

Ann Fielding . I have known Mary Childerey 7 or 8 years. I have constantly imployed her twice a week. She is a very honest woman.

James Fowler . Mary Childerey has work'd often in my house. I never saw any harm by her in my life.

Lamprey guilty , Childerey acquitted .

[Transportation. See summary.]

68, 69. (L.) William Gold , and Thomas Shervil , otherwise Tom Thumb , were indicted for stealing 6 silk and cotton handkerchiefs, value 12 s. the goods of Elizabeth Halsey , privately in her shop , Nov. 18 . ++

Thomas Poynting . I am servant to Mrs. Halsey. I went into the shop and found the handkerchiefs were missing out of the shop window. They were all in one piece.

Q. Where is the shop?

Poynting. In Gracechurch-street . I told my mistress they were gone.

Q. When was this?

Poynting. On the 18th of November, and on the 9th of Dec. the evidence Holmes was brought to our house. The person that brought him asked, if we had lost any handkerchiefs. I went to justice Rickards's, and got a search warrant, and searched the house of one Plump, in Rag-fair, where I was informed they were sold; but I could see nothing of them, neither have I seen them since. The prisoners were taken up the night before, and carried before justice Rickards, who committed them to Newgate, and Holmes to Clerkenwell Bridewell.

Q. Did the prisoners own any thing of it?

Poynting. No, they did not confess any thing at all.

Q. Did you see any body come into the shop when the handkerchiefs were lost ?

Poynting. No. They were taken out of the window from the outside.

William Holmes . Thomas Thumb and William Gold came to my mother's house in Angel-alley, Whitechapel; Shervil said, I know where you may get a crown presently, I went with them, and going along Gracechurch-street there was a paper before Mrs. Halsey's window, to keep the wind out, the glass being broke. Shervil ran his hand thro' the paper, and took out a parcel of handkerchiefs, and put them in his apron. This was about 5 or 6 at night.

Q. Where was you and the other at that time?

Holmes. We were on the other side of the way. Then he gave a whistle, and we went to him. I said, How many handkerchiefs are there? He said, About seven. They went into Plump's shop and sold them; but would not let me go in: so I stood at the door. When they came out Shervil told twelve shillings in his hand, which he said he had for them; out of that he gave me one, and they kept the other eleven themselves. Two or three nights after, as I was going along Tower-Hill with one Barnes, he snatched a sixpenny pye; the pastry-cook ran out and took me; he went to my mother, who told him I was got in a gang of thieves. Then I was taken before justice Rickards, and gave an account of this; and the prisoners were taken up, but they denied it.

Q. Where does Plump live?

Holmes. He lives in Rosemary Lane, facing Well-close square. I have sold many handkerchiefs and things, which I and others have stolen, to his wife.

Q. Did they tell you they were going to Mrs. Halsey's?

Holmes. Yes. They had observed the pane of glass being broke in the day time.

Gold's defence. I know no more of it than the child unborn. I was taken when I was fast asleep in the glass-house.

Shervil's defence. I know nothing of it.

Both Guilty. 4 s. 10 d.

[Transportation. See summary.]

70. (M.) Richard Campion was indicted for the wilful murder of Judith M'Carty , widow , Jan. 16 . ++

Stephen Pett . I am beadle of St. John's, Wapping. I was going yesterday morning through East-Smithfield , where I heard the cry there was a woman murder'd. I saw a dray standing. I ask'd where the drayman was (I understood she was kill'd by the dray). A woman pointed to the prisoner and said that is he. I laid hold of him, and took him before justice Pell, who boucd me over to prosecute; as to the fact I know nothing of it.

Joseph Wells . I saw the deceased coming up from the workhouse. [she belongs there] as the dray was turning at a corner; the drayman call'd to her to turn back, but she would not. She was about ten foot before the fore-horse. She kept forward, and he could not stop his horses.

Q. Could she have avoided the dray in the condition she was?

Wells. Yes, if she had turn'd back.

Q. to Pett. Could she hear well?

Pett. Yes, she had her hearing well.

Wells. The dray was going down hill, and the cattle were strong; the prisoner call'd to his horses as much as he could to stop, and he pull'd the horse he had hold of; the place being so very narrow, people could not meet a dray as it comes down without running a hazard. She got as far as the dray-man; he clap'd his hands on her shoulder to get her clear if he could, but he could not; the dray took her against her stomach, just as the horses had turn'd the corner, and the dray stop'd against her, and her back drove in a plank of the boards she was drove up against. As soon as the dray was drawn back, she drop'd down, and I saw her carried away for dead.

Pett. I saw her after she was dead.

Ann Littleby . On the 16th of January, between nine and ten o'clock, the deceased came up on the same side the prisoner was on; he was driving his horses, gave her a shove, and said woman where are you going? But she did not stop, but went forward, up to the corner.

Q. Which way did he shove her?

A. Littleby. To go from him; he pull'd with the halter and call'd wo! but the horses were going down hill, and he could not stop them; it jamb'd her to the corner of the wall. She had a tin pot in her hand, and when the dray was drawn back, she fell down dead with it in her hand; she never stir'd afterwards, for the dray took her by the breast.

John Howard . The prisoner was going to turn down the gateway; the horses turn'd in very short, it being a very narrow way. I heard him hollow to the woman, and I saw him shove her to clear her, but could not. I don't think there is room for any body to pass a dray there.

Q. Who does that dray belong to?

Howard. To Duffill and Wilson.

Q. Do they furnish the horses, or does the dray man ?

Howard. They do. I saw the dray take the woman, and jamb her up. We drew the dray back, and she fell down dead.

To his character.

Thomas Wallis . I have known the prisoner some years; he is a very good temper'd, careful, steady, sober man.

Acquitted .

71. (M.) John Rees was indicted for stealing a hat , value 2 s. the property of George Ascue , Dec. 19 ++ .

George Ascue . The prisoner was my servant about 4 days. He got up early one morning, and made off. We found he had cut a hole in the cupboard, where we put money; but my mother coming down stairs prevented his taking any. I missed a hat. I advertised it, and he was taken; then I charg'd him with it, and he own'd it to me, and where he had sold it.

Mr. Whitacker. I heard the prisoner own he had taken the prosecutor's hat, and had sold it at Westminster.

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

72. (M.) Sarah Mathews , widow , was indicted for the wilful murder of James Jolley , Dec. 7 . ++.

Sarah Jolley . The deceased was my husband. He came home with his forehead full of blood, tied up in a handkerchief, and was not easy all night. I asked him how he came by that hurt, but he would not tell me; this was on Sunday, Dec. 7. He went out the next morning, and return'd about 5 in the afternoon; he then complained his head was very bad.

Q. Did he use to drink much?

S. Jolley. He did, more than he should; he was not a sober, regular man. On the Tuesday I found his head was sadly swell'd; he had a cut over his eye, and his eyes were black. I asked him how he came by that: he said he believed it would be his death; and told me it was Mrs. Mathews at the alehouse; tha t he went into her house drunk, and she struck him with a quart pot, and push'd him out at the door upon the ground. I went to her. The maid said, She can't be seen: then I went away. His head swell'd so that he could not see at all on the Wednesday; then I and another woman went to Mrs. Mathews's house, when Mrs. Mathews was sitting by the fire side. I said, I understand my husband was here on Sunday night, and you have used him very ill. The woman said, He is very ill, and if he dies he will lay his death to you. She fainted away, and, when she came to herself, asked me if I had had any advice for him, and sent me to her surgeon, and said she would pay him; the surgeon's name is Hewit, who sent him to Hyde-park infirmary. Mrs. Mathews paid 2 chairmen for carrying him there. He was carried on the Wednesday night, and died on the Saturday following.

William Crambourn . I was standing opposite the house, when I saw Mrs. Mathews push the prisoner out of the house; he got up from the ground, and went in again; he seemed to be in liquor.

Q. Was it such a push that would have thrown a sober man down?

Crambourn. There are steps coming out of the door, and he ran down, and was a considerable time before he fell; he fell with his head near the channel, and his face to the ground: when he got up, his face was all over dirt.

Eliz. Kren. I live in the Hop-Yard. I went to see the prisoner with the deceased's wife. We told her that Mr. Jolley was in a very bad way. She said she did push him out of doors, but did not think any thing bad would have attended that: she said, when he went in again she wash'd him, and said, she was very sorry for it, and fainted away: when she came to herself, she said if he died she should not desire but to be hang'd for him, for she should never enjoy a happy hour. She ordered me to go and fetch surgeon Hewit to attend him: I went, and he gave me a note to send the deceased to the hospital. I carried the note to Mrs. Mathews, and she ordered a chair for the deceased, and gave me the money to pay for it.

Robert Onyon . The day after this accident happened I saw the deceased, when he said he had been at the woman's, at the Angel and Crown in St. Martin's lane; that she hit him with a quart pot, and push'd him out of doors; that she hit him once or twice with the pot, and that he was not able to work. He used to work with me. I saw him again on the Tuesday morning: he then could not hold up his head at all. I never saw him after that till he was dead.

Prisoner's defence. I am quite innocent.

Susannah Collet . I am servant to Mrs. Mathews. The deceased came into our house on Sunday in the afternoon, and made a great noise; my master was then dying. My mistress was up stairs, who came down and said, Pray Mr. Jolley don't make such a noise, for my husband is dying. Jolley was very drunk, and said, Whenever the constable dies his soul will go to hell. My Master was constable. She said get out of the house, for I cannot bear those words. He said, You are a Welch woman, let me have a halfpenny worth of gin. My mistress said, Pray go out: He refused to go out, upon which my mistress took him to the door, and shoved him out, after which I saw him fall down; if he had been sober he would not have fallen down.

Q. Did you see a quart pot in your mistress's hands ?

S. Collet. No, I did not, and I was there from the beginning to the end of it.

Mr. Hawkins. I am a surgeon, and live in St. George's hospital. I attended the deceased there; I found a small wound on the fore part of his head, on which was a sticking plaister, which was a very bad thing, and under that was a quantity of matter; there was a very great swelling and inflammation all over his face, and the fore part of his head. After he was dead I examined the wound: it did not go so far as the skull. I opened the head: there was no fracture on the skull, nor any kind of contusion. I examined the durn &c pie meter of the brains: they were not at all affected; I thought they look'd a little red, but not inflam'd: upon the whole, I do not think the blow he receiv'd was the occasion of his death.

Q. Do you think he would have died so soon if he had not received that wound?

Mr. Hawkins. No, I think he would not. He had not been properly taken care of by a surgeon, and I understood he drank hard, which made the wound worse; and the sticking plaister did him harm.

James Russel . I was at the prisoner's house when the deceased came in on the Sunday afternoon; he was very much in liquor, and kept making a noise. The prisoner came down stairs, and said to him, Dear man go out, for my husband is dying: he would not. She held the door in one hand, and shoved him out with the other, and he, being in liquor, fell down; had he not been in liquor he would not have fell.

Q. Did you see a quart pot in the prisoner's hand?

Russel. No, she had none; I was there all the time, and saw all that passed. He was in company with me, and no body else, and he was so drunk and he could hardly stand on his legs.

Accidental death .

73. (L.) John Boswell was indicted for that he, together with 2 other persons, to the jury unknown, on Frederick Lenard did make an assault, putting him in corporal fear and danger of his life, on the king's highway, and stealing from his person half a guinea and 33 s. 6 d. in money numbered , Jan. 9 . ||

Frederick Lenard being a foreigner, and speaking but very bad English, Henry Keys was sworn all int.

Fredrick Lenard. I was at the Angel-al-house that leads up to Devonshire-square , about 9 o'clock last Friday was sennight at night going from thence wards.

Q. Where do you live?

Lenard. At Mr. Rose's in Wood-street. There were three persons standing in the street, of which the prisoner was one. I received a blow from one of them, as I was passing, on my forehead, which stunned me.

Q. Which of the three persons gave you that blow?

Lenard. It was the prisoner at the bar. I was going to run away, and he ran after me, and stab'd me in the head with a knife; then he cut me on the face, and the blood ran prodigiously. He thought to cut my throat; but I put down my chin, and received the cut thereon; then I went to hold his hand, and he cut my finger. He had two large long wounds, one on his chin, the other on his left cheek, and another on his finger. I never let go my hold of him till assistance came.

Q. By what part did you hold him?

Lenard. By his collar.

Q. What did he say to you?

Lenard. I could not understand what he said, I not knowing English: he stabb'd me on the shoulder, and cut me on the of my coat; but that did not reach my is in court. I call'd out for assistance, and a man came and bid me hold him fast. We secured him, and carried him to the watch-house.

Q. Did you lose any money?

Lenard. I had 33 s. 6 d. in silver, and half a guinea in gold.

Q. Which pocket was it in?

Lenard. It was in my coat pocket.

Q. Was it in a purse or loose?

Lenard. It was loose in my pocket.

Q. What became on it?

Lenard. I can't take upon me to say the prisoner took it, there being 3 of them. I was so disturbed in my brains, that I do not know which took it.

Q. Are you certain that one of the three did take it?

Lenard. I am.

Q. What became of the other two men?

Lenard. When the man came to my assistance the other two ran away.

Q. Who came to your assistance?

Lenard. I don't know his name; I never saw him in my life before. That night at 12 o'clock I was carried with my wounds to the hospital.

Q. Was it light?

Lenard. It was not light, nor yet quite dark; but if I were to see I should to her.

Q. if you first laid of him?

Lenard. The first blow I received was with a stick on my head; I went to escape from them, upon which the prisoner stab'd me on the head. I seeing myself in danger turn'd round, and laid hold of his collar, and never let go till assistance came.

Q. from prisoner. Where was you when you was rob'd, in a house or street?

Lenard. In the street.

Q. What street?

Lenard. I don't know the name of it.

Cross examination.

Q. Was you in liquor?

Lenard. No, I was not at all.

Q. Were the other two persons men or women?

Lenard. They were men.

Q. Did the two other men attack you?

Lenard. I cannot be capable of giving any account of that, being so full of blood.

Q. Was the constable at the watch-house?

Lenard. I don't know what a constable is.

Q. Do you know Woolpack-alley by Houndsditch ?

Lenard. I have not been long enough in London to know the places.

Q. Do you know one Jane Trueman ?

Lenard. I do not.

Q. Do you know one Ann Pretyman ?

Lenard. No, I do not.

Q. Was you in any house that night with two women, being pick'd up by one of them?

Lenard. No, no, I was not.

Q. Do you know who came to your assistance?

Lenard. No, I do not, it was a Jew, but I did not know that till he discover'd himself.

Barnard Moses . I came home to my own house in Woolpack Alley, in Houndsditch, and was pulling off my shoes to go to bed. I heard a great noise at my door; and I heard in the German language call'd out, O Lord, shall I die such a miserable death?

Q. Repeat it in the language he spoke it.

Moses. [He did.] I did not care to go out. I heard a second time in the same language, O Lord, Almighty God, must I die such a miserable death, and nobody will come and help me! Then I came down and open'd the street door. There were the prisoner and the Dutchman lying on the ground, and two men standing by them; the two men were beating him with sticks.

Q. Did you see the sticks?

Moses. No, it was very dark, I did not. I began to speak to them, and said gentlemen, you had better go off, and not to murder the poor soul.

Q. Which was uppermost, the prisoner or the Dutchman ?

Moses. The prisoner was uppermost. One of the two men said blast your eyes, bare him through. Then I went in and shut the street door, and peep'd thro' a place that is broke in the door, and saw them pull the Dutchman about a yard and a half from my door to a little alley. Then the Dutchman call'd out again in his language Is there no body in the world can help me? Then I took my opportunity and ran out of my house and call'd out fire and murder, and with this great cry of mine the other two men ran away. I ran a little way; when I came back again the prisoner and Dutchman were still lying on the ground, the prisoner continuing to be uppermost. I ask'd what was the matter? The Dutchman said dem people rob me of my meony, and before I lose my moony, I lose my life. Then I took the prisoner off the Dutchman's body, and call'd to the Dutchman in Dutch, and said you must help me, for I shall not be able to carry him away. The Dutchman said in his language I am so barbarously used, I am not able. I said for God's sake help, or I am a dead man as well as you.

Q. Was the Dutchman very bloody?

Moses. All his face and every part of him were all over blood; he could not see me for blood. Then he took the prisoner by one hand, and I by the other, and we carried him to the constable at the watch-house. I saw a pistol in the watch-house, but did not see the prisoner deliver it.

Cross examination.

Q. Where do you live?

Moses. I live in Woolpack-Alley.

Q. Do you know one Jane Trueman there?

Moses. No, I do not.

Q. Do you know one Ann Pretyman ?

Moses. No, I do not.

Q. When you heard the words bore him through, who did you think they were applicable to, you or the Dutchman?

Moses. I did not know which.

Q. What sort of a pistol was it you saw in the watch-house?

Moses. I believe it was a new one.

Q. Had it a lock to it?

Moses. It had.

Q. Was it charged?

Moses. I do not know.

Q. from Prisoner. Did you see ever a knife in my hand?

Moses. I saw no knife, it was dark.

Q. Are you sure the prisoner is the man that was struggling with the Dutchman?

Moses. I am sure he is the man. They were upon the ground. I took him off.

Q. Is that place a thorough-fare?

Moses. It is.

John Terry . I am constable. I was standing at my door, which is in Aldgate high street, opposite the watch-house, a little before ten at night. I heard a noise of a great many people coming from towards Houndsditch. It being my watch night, I ran over to the watch-house. The prosecutor and the last evidence brought the prisoner arm in arm. The prosecutor was exceeding bloody, I never saw a man so bloody to be alive before, and his cloaths all over dirt. I asked the prosecutor how this came; he told me in English as well as he could. Presently after came a Jew or two that understood his language, and they interpreted to me. I believe I ask'd him twenty times if he was positive as to the prisoner; he said he was very sure, for he never let him go from the time they were on the ground together. My servant Thomas Arnold came in, the prisoner call'd him, and I heard him say here Tom, I want to speak with you.

Q. Did he know your lad?

Terry. He did, He lived but a few doors from me.

Q. Did you see the prisoner give your lad any thing?

Terry. I saw him fumble with their coats close together, but had no jealousy of any thing then, so did not observe.

Q. How long have you known the prisoner?

Terry. I have known him between four and five years; he lived in Whitechapel, in the Butcher-row, he is a butcher by trade. About a minute after my lad was gone out, my wife came in frighted almost out of her wits, and said is not this a pretty fellow to give your servant a pistol. I took and look'd at it; the prisoner said, that is my pistol. I searched the prisoner but found nothing upon him. We took him before Mr. Alderman Cockayne, and he committed him.

Cross examination.

Q. Was the prisoner a housekeeper ?

Terry. I never heard that he was.

Q. What is his character?

Terry. I never saw any ill of him till this affair.

Thomas Arnold . I am servant to the last evidence. I heard a noise in the watch-house on my master's watch night. I went there, and the prisoner call'd me to the corner of the watch-house, and gave me this pistol, and bid me walk out with it, producing a pistol.

Q. Did you know him before?

Arnold. I did; he used our house sometimes.

Q. What business is your master ?

Arnold. My master is a publican. There was no flint in the pistol, neither was it loaded, but in the same condition it is now.

Q. What did you do with the pistol?

Arnold. I carried it to our house and pull'd it out of my pocket, and told my mistress that John Boswell had given me a pistol. My mistress took it out of my hand, and carried it back again to my master at the watch-house.

Q. to Prosecutor. When you came out of the Angel alehouse and was going home, whether that money you mention was then in your pocket?

Prosecutor. I am positive I had that money in my pocket when I went out of the alehouse.

Q. Had you drank any quantity of liquor there?

Prosecutor. I and another man had only three pints of beer.

Q. Do you usually carry your money in your coat pocket ?

Prosecutor. I always do, and very seldom carry any in my breeches pocket.

Q. Do you carry gold and silver together usually?

Prosecutor. I have but 3 l, a quarter paid me, and I generally put it all together when I receive it.

Prisoner's defence.

I was coming by when the prosecutor and another man were fighting. I received a blow on my head with a stick from the prosecutor; whether it was designed for me, or accidental, I know not. I turn'd and struck him again. I lost my hat and wig; then I went to fighting with him. He had lain with two women, and they rob'd him in their own room. They are here now to prove it. He making such an extraordinary defence, his witnesses were all sworn together, and taken into another room and examined separate, as follows:

Elizabeth Spurr . Jane Trueman said in my iing she pick'd up the prosecutor.

Q. Did you see him and her together?

E. Spurr. No, I did not. I know no more than what she told me.

William Wells . I heard Jane Trueman and Ann Pretyman say the prisoner never rob'd the prosecutor at all.

Hannah Tindal . I'll tell the truth. I live in Gravel-Lane, Houndsditch.

Q. What is your employment ?

H. Tindal. I sell fruit and fish. My husband, my child, my grand-child, and I, were drinking at the Angel, at the bottom of Devonshire-square shops, at pretty near 9 o'clock yesterday was a week: We had 3 pints of beer. My husband is a soldier, and in an ill state of health: He said, I wish you would go home and make the bed, for I am very ill. At that time I saw the Dutchman telling a parcel of money on the corner of the table.

Q. What sort of money was it ?

H. Tindal. To the best of my knowledge it was most of it silver; there might be half a guinea in gold, but I think there could not be more. He had a little pipe in his mouth. I thought him to be a Jew selling money on his sabbath. He said something like forty, which I took to be 40. He swept it off the table with both his hands, and put it into his pocket.

Q. What pocket did he put it into?

H. Tindal. I can't tell which pocket.

Q. How much might there be of it ?

H. Tindal. There was a good bulk; there were above 20 s. in silver. After that I went home and made my bed, and came back to the alehouse as usual. Coming through the polls I met Jenny Trueman with the Dutchman; she was holding him by the left arm. just beyond the pump.

Q. Where did you leave him when you went to make the bed ?

H. Tindal. I left him in the alehouse; I thought him in liquor by her holding him up; but I can't say true. There was some thick mud like hasty padding through all which he went; it was in a narrow passage coming under an arch. The first door came to was her own; but whether they went in there I do not know. I did not speak to her, or she to me.

Q. Were there any body else with them ?

H. Tindal. No, there were not. After that I went into the alehouse, and had two pints of beer more with my husband, and sat there some time. In came John Boswell , and said to me, How do you do old one? How does your husband do? I said, Is he so little that you cannot see him? My husband's head was leaning against my shoulder. He took up the pot and drank, with my husband and I, and then pull'd out a shilling and threw it down, and I gave him change out of it for one pint; then he went out, and presently after came word, that there had been a battle, and that Jack Boswell was one of them; then I said, I'll be hang'd if the other is not that Jew that stood there.

Q. Did you see the fighting?

H. Tindal. No, I saw nothing of it.

Q. How came you to be at that house at that time ?

H. Tindal. I sup there every night of my life, and go from thence to bed.

Q. Did you sup before you went and made the bed, or after?

H. Tindal. I sup'd before I went to make it.

Q. What time did you go home to make the bed?

H. Tindal. Between eight and nine.

Q. How far is your house from the Angel alehouse ?

H. Tindal. It is not 10 yards from it.

Q. How long did you stay at home when you went home?

H. Tindal. I staid no longer than while I made the bed, which was not a quarter of an hour.

Q. Did the Dutchman appear to be in liquor when in the alehouse?

H. Tindal. No, he did not.

Q. Did the prisoner come into the alehouse before or after she had pick'd the man up?

H. Tindal. He came in a great while after that.

Q. How long ?

H. Tindal. Better than half an hour, if I say an hour, I believe I shall not tell a lye.

Q. What was the man's name that went out with Boswell ?

H. Tindal. I saw no body go out with him.

Q. How many pints of beer did he drink part of with you?

H. Tindal. He drank part of two pints.

Q. Were there many people in the house then?

H. Tindal. There were several people, I can't tell all their names; there was one a weaver.

Q Had the prisoner any body in company with him?

H. Tindal. No, he had not.

Ann Woolf . I live in Whitechapel. I was in at the Angel, at the bottom of Devonshire-Square steps.

Q. When?

A. Woolf. I don't know the day of the month; it was last Friday was se'nnight, betwixt seven and eight, or near eight o'clock. I was drinking with a young man that came up from Deptford, who is enter'd on board an Indiaman. I drank part of four pints of beer with him. While I was there Jane Trueman call'd me out at the door to speak with me, and while I was talking to her, a man like a Jew came up to her. I can't say I should know him again.

Q. What time of the night was this?

A. Woolf. This was near eight o'clock. She said to me here is a friend of mine, go home and open the door for me, I went home before her. When I came there, Ann Pretyman was at the door; I said to her here is a friend of Jane Trueman's, she desires the door may be open'd; she said you may go away. She open'd the door, and I went out at the same door I came in at, which was at a back door.

Q. Did you know Jane Trueman before?

A. Woolf. I lived over her head five weeks before that. I returned to the alehouse, and drank a pint of beer out with the young man, and then went home directly. I knew nothing of this affair till the next morning when I came to the same place; then I heard she was ran away, and a man taken up.

Q. How long did you stay in the alehouse after you had return'd ?

A. Woolf. I don't know, it was but a little while. I was in Harrow-Alley, at the corner of Petticoat-Lane, at the Rose and Crown alehouse, at a quarter before nine, where the young man and I drank 2 pints of beer together.

Q. What time of the evening was it when you went to open the door for Jane Trueman ?

A. Woolf. It was near eight o'clock, as near as I can tell.

Q. Did you see the prisoner at the Angel that night?

A. Woolf. No, I did not.

Q. Did you see the evidence Tindal and her husband drinking there?

A. Woolf. I did.

Q. Who were there first, they or you?

A. Woolf. They were there first.

Q. Was she in the alehouse when you went to open the door?

A. Woolf. I believe she was gone home to make the bed.

Q. Did you hear her talk of making her bed?

A. Woolf. I heard her say before, that she would go home and make the bed for her husband.

Q. Was her husband in the alehouse when you went to open the door?

A. Woolf. I don't know:

Q. Did you see the Dutchman in the Angel alehouse?

A. Woolf. No, I did not see him there at all.

Q. How long was you gone from that alehouse when you went to open the door?

A. Woolf. I was not gone above two or three minutes.

Q. Was Tindal the evidence there when you came back ?

A. Woolf. No, she was not.

Q. How long was you in the alehouse from first to last?

A. Woolf. I can't say how long; but it was while I was drinking four pints of beer. I was drinking the last when Jenny Trueman came and call'd me to the door.

Q. How long did Tindal and his wife stay there?

A. Woolf. I can't tell how long.

Q. Were they in the same room that you were in?

A. Woolf. They were; he was sick, and lean'd upon her shoulder.

Q. Who was in the room when you first went in?

A. Woolf. I don't know indeed. There was no body as I took notice of but Tindal and his wife.

Jane Trueman . I don't know the prosecutor by name; but I should know him if I saw him.

Q. When did you see him before?

J. Trueman. I saw him last Friday was a week, at night, between nine and ten o'clock, I believe. I was going to the Angel for a pint of beer, and met him; he said, where are you going my dear ?

Q. Did he speak that in English?

J. Trueman. He did, as well as he could.

Q. What answer did you make?

J. Trueman. I said, Sir, pray let me alone [he had just come out from thence, the folks said.]

Q. Did you see him come out?

J. Trueman. No, I did not. I said I was going for a full-pot of beer; there was a young woman that I wanted to speak with there. The man watch'd me till I came out, laid hold on my arm, and follow'd me home. I said, Sir, go along, for you are in liquor, you are fuddled, Sir. When I came into my room Nan Pretyman said, what do you shut the door for in a hurry? I said because a man follows me, and he is in liquor. I shut the door, and shut him out.

Q. Did you lock the door?

J. Trueman. I did, Pretyman said stay, let's open the door, perhaps we may get something of him. She unlock'd the door, and he came him.

Q. At which door did he come in?

J. Trueman. He came in at the fore door.

Q. How long did he continue there?

J. Trueman. I believe about half an hour.

Q. What do you sell?

J. Trueman. We sell nothing at all there. He sent me for a pot of beer, and I brought him 3 d. change out of it.

Q. Where did you fetch it from?

J. Trueman. I fetch'd it from the Angel. He gave us a shilling a piece to -

Council for Prisoner. No body asks you what it was for.

J. Trueman. While we sat by the fire-side Ann Pretyman put her hand into his coat pocket, and pick'd his pocket of seven shillings; then she lay down on the bed with him, and there pick'd his pocket of more silver, and half a guinea in gold.

Q. Was this before or after the pot of beer was sent for?

J. Trueman. This was after that. When he got up and was gone out of doors, he missed his money and came back again, and said he had lost his money.

Q. Did he speak in English?

J. Trueman. He did as plain as any body could speak; he came into the house again immediately. Boswell and Will. Watts happening to come, I said to Boswell what do you want here? he said I am come to see you. Boswell said to the Dutchman d - n your eyes, I have got none of your money; the Dutchman said I want my money, my money, he had a stick in his hand and lifted it up to Boswell, who was stooping down; he said let him beat on, let him beat on. The Dutchman struck Boswell with a stick as he had one leg in the alley and the other on the threshold of the door; he beat till the stick broke. Boswell was still stooping, I wonder'd what it was for; at last I saw him take a knife out of his breeches pocket, which, I'll assure you, I thought was a cutlass or a hanger, I saw it glisten; so I and the other young woman ran out at the back door. Nanny Pretyman came over soon after and gave me 19 s. and 6 d. and gave the half guinea in gold to her mother ?

Q. How do you know that?

J. Trueman. She said so.

Q. Did you see any blood on the threshold of the door ?

J. Trueman. No, none at all; I saw nothing of the fight.

Q. Did you see him taken to the watch-house?

J. Trueman. I know nothing of that?

Q. Do you know Barnaby Moses ?

J. Trueman. No, not to my knowledge.

Q. You say it was betwixt nine and ten when you went to the Angel for the first pot of beer?

J. Trueman. Yes, Sir; and I said Nancy come along with me, and Pretyman open'd the door when we came there.

Q. What was that person's other name whom you call Nancy ?

J. Trueman. I don't know her other name.

Q. Where is she?

J. Trueman. She is here.

Q. Who did you see at the Angel when you went for the pot of beer?

J. Trueman. I saw some people.

Q. Where abouts in the house was it you saw her?

J. Trueman. She stood just by the inside door.

Q. Do you know Hannah Tindal and her husband?

J. Trueman. I do.

Q. Did you see them there?

J. Trueman. No, I did not.

Q. How long did you stay when you went for the beer?

J. Trueman. I stay'd no longer than while they draw'd it.

Q. Did you know any thing of his Nancy being there before you went for the pot of beer?

J. Trueman. I did, she said before that she was going there.

Q. Was she in company or alone?

J. Trueman. She was drinking with a young man.

Q. Did that young man go along with Nancy to your house?

J. Trueman. No.

Q. How came she to go home with you?

J. Trueman. I don't know how she came to go.

Q. Did you ask her to go home?

J. Trueman. I don't know how indeed. I believe I did ask her to go home with me.

Q. Did you go both together?

J. Trueman. We came there together to the door.

Ann Pretyman . I don't know either the man or Boswell again, though I were to see them. I have known Trueman about half a year; she brought me first into ill ways: she wanted me to go a thieving for her and her fellows: I said I was used to no such thing. She said, D - n you, can't you do it as well as I; D - n you, you are not fit to be a whore! I said, I don't understand it.

Q. Do you know any thing that happen'd yesterday was sennight at her house?

Ann Pretyman . That very day I had boil'd mutton for dinner. I was going by her house between 4 or 5 o'clock, when she call'd me in, and asked me what I had for dinner: I said mutton and broth. She asked me to bring her some broth which I did.

Q. What time did you carry them ?

Ann Pretyman . About 6 o'clock, and staid there a great while; they were playing at cards.

Q. How many were there of them?

Ann Pretyman . There were the young woman that is here nam'd Nanny, and the fellow that lives with her nam'd Jack Hall, his brother was hang'd; and the fellow that she lives with, nam'd Daniel Post-Chaise , now in the counter; he is one of the men that help'd to beat the Dutchman, and is a butcher, and goes out a thieving for her.

Q. Were there any body else?

Ann Pretyman . No, there were not. She and this man eat the broth. She said to me, Have you any money? I said, No. Says she, we'll have a pot of beer however, accordingly there was a pot of beer sent for.

Q. What time of night was this?

Ann Pretyman . This might be about 8, or between 8 and 9.

Q. Who fetch'd the beer?

Ann Pretyman . She went out for it to the Angel alehouse.

Q. How long did she stay before she returned?

Ann Pretyman . She staid out about a quarter of an hour.

Q. Where was Nanny at this time?

Ann Pretyman . Nanney went out a good while before they talked about the beer. When she came back again, she knock'd at the door, and said, Open the door, here is somebody coming.

Q. What time was this?

Ann Pretyman . This was between 8 and 9 o'clock, not so much as half an hour after 8; then a Dutchman came in, and Nanny and Trueman with him.

Q. Tell the court which came in first.

Ann Pretyman . Nanny came in first, Trueman next, and the Dutchman after; then Nanny went out at the back-door. The man gave me 6 d. to fetch a pot of beer. He asked what she would drink: She said, Any thing.

Q. Was the door open or shut when they came to come in?

Ann Pretyman . The door was left open; it is a lower room, and there are two doors to it. Jane Trueman said to the man, Have you a mind to be concern'd with me. No, said the man, I don't want to be concern'd with any body, neither will I. She said what have you a mind to be obliged in.

Q. Did you understand him very well?

Ann Pretyman . He said, Don't know vat you mean. Says she, What have you a mind to do? He said, I'll do nothing at all; I'll give you, continued he, a shilling a piece to pull off your cloaths. He gave her two shillings, but me nothing. She said that was all the same.

Q. Had he any more money in his pocket ?

Ann Pretyman . I saw no more then.

Q. Did you afterwards?

Ann Pretyman . No, I did not. He gave me 6 d. for a pot of beer, and Trueman's man, Daniel Post-Chaise , went and fetched it: I gave him the six-pence, he brought me three pence back, and I gave it to the Dutchman.

Q. Were Hall and Post-Chaise in the room at the time?

Ann Pretyman . When they came in, Hall and Post-Chaise ran both out at the back-door, and staid in the entry, near the door; when I sent him for the beer the man had nothing to do with either of us.

Q. Was the pot of beer fetched before he gave her the two shillings, or after?

Ann Pretyman . It was fetch'd before. When the Dutchman was going away Boswell came in, and push'd him out, and said, What do you want?

Q. Are you sure you saw no more of the Dutchman's money than 2 s. 6 d.?

Ann Pretyman . I saw no more.

Q. Have you a mother alive?

Ann Pretyman . I have.

Q. What was said after Boswell said to the Dutchman, What do you want ?

Ann Pretyman . The man said, What is that to you what I want: then they both fell to fighting with sticks.

Q. Which began?

Ann Pretyman . Boswell began, and asked him what he had to do there. Jane Trueman said, Go it, go it, cut his eye-strings.

Q. Who was it said to?

Ann Pretyman . That was said to Boswell: then Boswell stooped down and took a knife out. I thought he was going to pull his stockings up. I never saw Boswell in my life before.

Q. Was the fighting in the house or in the street?

Ann Pretyman . It happen'd in the street, after Boswell had shov'd the man out into the alley.

Q. What is the name of the alley?

Ann Pretyman . I believe it is call'd Woolpack-alley.

Q. Who were there besides?

Ann Pretyman . Will. Watts was there. There was a cap brought before my Lord-mayor afterterwards, which was Post-Chaise's cap.

Q. What did Post-Chaise do at the time Boswell was cutting the man?

Ann Pretyman . I saw nothing after the knife was pull'd out I went home directly.

Q. Did you see Watts and Post-Chaise there ?

Ann Pretyman . I saw them both in the alley at the time Boswell had his knife out.

Q. How many yards were they from the door when Boswell drew his knife out?

Ann Pretyman . The alley is not above a yard and an half from the door.

Q. Was Boswell in the street or the room when he pull'd his knife out?

Ann Pretyman . He was withinside the room, and the Dutchman on the outside of the door.

Q. How far was the Dutchman from the door?

Ann Pretyman . He was about as far from it as it is from me to the wall. Pointing to a place in court about 2 or 3 yards distance.

Q. What were the first words that passed between Boswell and the man?

Ann Pretyman . Boswell came in. Jane Trueman said to him, What do you want here: He said, I want to come in. Then he said to the Dutchman, What do you want here: The man said, What is that to you. Said Boswell, I'll let you know it is to me: and they fell to fighting.

Q. From the first time of the Dutchman's coming into the room, whether Trueman ever went out of the room?

Ann Pretyman . No. she did not, as I saw, dureing the whole time, till the battle was over.

Q. Did you go out?

Ann Pretyman . No, I did not.

Q. Did you not go out to give Post-Chaise the 6 d. to fetch the pot of beer ?

Ann Pretyman . No, I gave it him at the door.

To his character.

Mary Wooton . I have known the prisoner upwards of ten years.

Q. Where do you live?

M. Wooton. I live in Water-lane, Fleet-street.

Q. What business are you?

M. Wooton. My husband is a carpenter.

Q. What is the prisoner's general character?

M. Wooton. He came of very honest parents, and they deal very largely in trade.

Q. But what is the prisoner's character ?

M. Wooton. That is all I have to say.

Robert Freeman . I live in Castle-street, at the lower end, of Rosemary-lane. I keep a bacon-shop, and sell for butchers.

Q. Do you know the prisoner?

Freeman. I have known him 22 years. I served my time in his family.

Q. What is his general character?

Freeman. I never knew him wrong or defraud any man of any thing; I know nothing of him but what is honest. I could trust him with untold gold. I have trusted him with money, and the care of my books. I believe I could lay my life for his honestly.

John Wright . I am a butcher, and live in Aldgate high street, next door to the prisoner's mother. I have known him 20 years.

Q. What is his general character?

Wright. I never knew any thing by him but honesty.

Q. Have you ever had any dealings with him?

Wright. No.

Elizabeth Painter . I am a washerwoman, and have lived in Aldgate high street 40 years. I have known the prisoner ever since he was born.

Q. What is his general character?

E. Painter. I never knew any harm of him, but that he was a very honest industrious man.

Owen Jones . I live in Harrow-Alley, am a victualler. I have known the prisoner going on six years.

Q. What is the sign you keep?

Jones. I keep the Still.

Q. What is the prisoner's general character?

Jones. I never knew any thing amiss of him in my life.

Guilty Death .

The jury declared they believed but very little of what Tindal had sworn; and not a word that Woolf-Trueman, and Pretyman had sworn: And desiring that the three last might be committed for perjury, they were committed accordingly.

74. (L.) William Bills was indicted for stealing 17 pounds weight of sugar, value 6 s. the goods of Marmaduke Hilton and Vincent Briscoe , Dec. 3 .

When the prisoner came to make his defence, he owned the fact.

Guilty .

[Transportation. See summary.]

75. (M.) Randolph Douse was indicted for stealing six damask napkins, value 6 s. six linen sheets, value 10 s. three pillowbiers, six tablecloths, and nine towels , the goods of Thomas Stevens , Esq ; Jan. 5 . +

The prosecutor's wife had the goods mentioned in a bundle. She call'd the prisoner coach to go to her house, and left them in the coach by mistake. When she got home she declared she believed the prisoner had no intention to steal them; only kept them to see if a reward would be offered for them. She had them deliver'd to her, and the prisoner was Acquitted .

76. (L.) Martha, wife of - Eaton , was indicted for stealing two linen shirts, two linen sheets, one blanket, three linen aprons, one handkerchief, and one copper coffee pot , the goods of William Shervey , Dec. 17 . ++

William Shervey . I live in Field-Lane , and keep a publick house . The prisoner was my servant at the time I lost the things mentioned in the indictment. When the shirts were missing I charged the prisoner. She denied taking them. I promised I would forgive her; then she confessed she took them; after that I missed the other things; she owned she took them, and said the coffee-pot was pawned at Mr. Brown's, on Snow-Hill, the sheets and blankets at the corner of Hosier-Lane, and the handkerchiefs at a pawnbroker's in Chick-Lane. She confessed the same before my Lord-mayor, and that she did it to pay her debts, being much in debt.

William Wilson . I am servant to Mr. Brown; he produced a coffee-pot and 2 shirts.

Prosecutor. I am pretty sure this is mine. I can't swear to the shirts. The prisoner told me they were mine.

Q. to Wilson. Where had you these things?

Wilson. I had them of the prisoner at the bar.

Q. from Prisoner. Did not my master lend me the things ?

Prosecutor. I did not know that she had them till she told me so.

Prisoner's Defence.

I wanted some money, and my master lent me these things because he would not give me money. (I wanted money to buy my child some things) My mistress was jealous, and he, to convince her there was no cause for it, prosecutes me.

Prosecutor. This is all false.

Guilty 4 s. 10 d.

[Transportation. See summary.]

77. Robert Wood was indicted for stealing one half guinea and 5 s. in money numbered , the property of John Reynolds , Dec. 6 .

The prosecutor did not appear.

Acquitted .

78, 79. (L.) Ann Cleverton and Elizabeth Gray , spinsters , were indicted for stealing one silver watch, value 3 l. the property of Francis Palmer , privately from his person , Dec. 31 . ++

Francis Palmer . I live at Sheerness, am carpenter of a ship. I was in a little place call'd Stonecutters-Alley , in an upper room, with the two prisoners. Ann Cleverton took my watch out of my sob, whilst Elizabeth Gray held me. Cleverton ran down stairs with it. I kept Gray till assistance came. She promised me if I would go with her to near the King's Arms, by Fleet-ditch, she would bring me to Ann Cleverton . I went with her there, and went into a house with her and call'd for a pint of beer; she ask'd for her partner, upon which two men who were there ask'd me what I did with her? they held me whilst she was making her escape; but I flung myself after and took hold of her, and kept her fast, and found the other the next day.

Q. Are you sure you know when your watch was taken ?

Palmer. Yes, she took it then.

Q. Were there any threatening words made use of?

Palmer. No. Ann Cleverton acknowledged she had the watch, and offer'd that one Warrington should pay me a shilling per week.

Q. Are you a married man ?

Palmer. I am, but I have not lived with my wife for two years.

Q. Was you sober?

Palmer. I had been drinking a little cheruping cup, and they pick'd me up. I ask'd the way to the Old Bailey, they said they would shew me; they took me to a house; then I gave Cleverton a shilling to fetch some beer; she said the mistress of the house would not suffer beer to be brought in without sixpence for the use of the room. I was not concerned with either of them; they went to tye my hands, and got a handkerchief and struck me with it after they had pull'd down my breeches. I said, I did not like that.

Mr. Pewters. I attended at my Lord-Mayor's with Cleverton after she was committed. She said she would endeavour to find out the person that pawned the watch, if he would give her directions where she should send it to him.

Cleverton's defence. I met the prosecutor on Ludgate Hill, and carried him to the house of Mrs. Williams, a disorderly house in Stonecutters-Alley; he paid sixpence for the use of the room; he had no beer. He ask'd us if we had any rods ? We said no; and if he would have any he must pay sixpence for them. This other young woman had a handkerchief, which she tied a knot in; he said she was a fool, and did not know how to tye a knot to flog a person with; he took it and ty'd 2 more knot in it; and as he had no money, he gave me his watch to pawn, and when I went he kept Gray, and would not let her go.

Gray's defence. I met the prosecutor and Cleverton on Ludgate-Hill; he ask'd me to go with them. We went to Mrs. Williams's house, and he gave Cleverton the watch whilst I was flogging of him; and when I had obliged him, he said you bitch, where is my watch? I said, did not you give it the young woman to pawn. This man keeps a very disorderly house in Bishops Court, in the Old-Bailey.

For the Prisoners.

Joanna Scot . I know the prosecutor's wife; she keeps a house that is call'd a disorderly house in Bishops Court, in the Old-Bailey. I have often seen him there.

Prosecutor. It was a wedding contracted about 4 years ago; a man read the ceremony to us about four o'clock one morning, but I have not lived with her these two years. I call there some times.

Both guilty of stealing, but not privately, from his person .

[Transportation. See summary.]

80. (M.) Randolph Banks was indicted for stealing 4 cloth coats, value 3 l. 1 pair of cloth breeches, value 8 s. 1 cloth waistcoat, value 10 s. 3 Russia drab frocks, value 12 s. 5 fustian frocks, value 28 s. the goods of Leonard Lee ; and 1 cloth coat the property of Thomas Jenkins , in the shop of Leonard Lee , privately , March 12, 1755 .*

Leonard Lee. I am a woollen-draper and salesman . The goods mentioned were lost on the 12th of March last. I only know the goods to be my property, and the coat Thomas Jenkins's. I advertised the things, and Mr. Welch, who was then chief constable, took the evidence Charles Cain and one West in Black-Boy Alley on the 15th of the same month. West and one Pryer have since been tried, cast, and executed for it. We had the goods here in court on their trial, but they are disposed of now.

Thomas Jenkins . I was servant to Mr. Lee on the 12th of March last; on that day, between five and six in the evening I had taken in part of those goods, which had hung up at the door, and laid them across the counter. The great coat was mine. I step'd out at the door to speak to a country customer for a little time, and when I came in again the goods were gone.

Q. How long had you been gone out?

Jenkins. Perhaps it might be half an hour. We advertised the goods with two guineas reward. The Saturday morning Mr. Welch the high constable call'd on me and said, I fancy we have got some of your goods; if you will come to Mr. Fielding's about ten o'clock, you may see them. We went there, and there we saw them. I knew them well, being mark'd with my own hand. There were four articles not found, that is, my coat and three other things.

Q. Was the prisoner taken then?

Jenkins. No, he was not. Cain turn'd evidence, and declared the whole affair.

Charles Cain . On the 12th o f March last I, Randolph Banks , John West , and Francis Pryer , went to Mr. Lee's shop to get a great coat that had hung at the door; the door was shut, but the upper part was open, and the great coat taken in; they all went past except myself. I said to them, are you all blind, and said the door was open. They all came back, and John West went into the shop and took out a bundle of frocks; I stood half in the shop and half out. The prisoner stood by the sign-post of the Bull and Gate, Holbourn. I took the frocks from the West and deliver'd them to Banks.

Q. How far is the Bull and Gate sign from the prosecutor's door?

Cain. It is about 20 yards, distant; in the whole we got 5 coats, 1 waistcoat, 1 pair of breeches, 6 frocks, and a great coat. We carried them to Randolph Banks's mother's house, from thence to Black-Boy Alley, where we sold them; two of us went down Fleet-Street, and two down Holborn, and so met there.

Q. What did you sell them for?

Cain. We sold them for 55 s. The next day I heard there was two guineas reward advertised for the things; in a day or two after, Mr. Welch came with a file of musqueteers, and took me and West out of Black-Boy Alley, on suspicion of stealing them; and in about a fortnight after they took Francis Pryer , they have both suffer'd for it; the prisoner has kept off ever since. Some of the goods they found in Black-Boy Alley, and as Mr. Welch was going homewards with them, I told him where they were taken from, and he sent for the prosecutor and told him of it.

Q. Did you give the same evidence on that trial as you have now?

Cain. I did.

Q. from prisoner. Did you know me at that time?

Cain. The prisoner was the first person that was the occasion of my leaving my friends. He served the bock to my father, who is a plaisterer. We went picking of pockets together.

Q. From whence did you all set out the night you did this robbery ?

Cain. We set out from the Crown at the Seven Dials, with intent to take cloaths from this shop-door.

Prisoner's defence. I know nothing of it.

To his character.

Jane Webb . I have known the prisoner these 10 years. He has been an honest lad, as far a I know, excepting this fact.

Mary Goodwin . I never heard any thing against him before this, though I have known him these 14 years.

Guilty of stealing, but not in the shop .

See the trial of West and Pryer for the same fact. No 179 and 180, in Mr. alderman Janssen's mayoralty.

[Transportation. See summary.]

81. (M.) Cornelius Crowley was indicted for stealing 18 lb. of coffee, value 12 s. the goods of , Dec. 31 .

+ Acquitted .

82. (L.) Frederick Randall was indicted for stealing 40 lb. of sugar, value 5 s. the goods of George Barkley and Thomas Fuller . It was laid over again to be the goods of persons unknown, Dec. 10 .

|| Acquitted .

83. (L.) Mary Binstead , spinster , was indicted for stealing 2 neckcloths, value 2 s. the property of John Ross , Jan. 20.

++ Guilty .

84. (M.) John Smith was indicted for stealing one wooden vessel, called a firkin, value 2 s. 3 kilderkins, value 2 s. 6 d. the goods of John Rayment and Peter Green , Jan. 13 .

|| Guilty .

[Transportation. See summary.]

85. (M.) John Harris was indicted for stealing 1 bushel of coals, value 14 d. the goods of George Coombs , Jan. 2 .

|| Guilty 10 d.

[Transportation. See summary.]

86. (M.) Andrew Brinkworth was indicted for feloniously forging a promissory note for the payment of 30 l. and uttering the same, well knowing it to have been forged, with intent to defraud Henry Hawkins , Dec. 23 .*

John Cotteridge. I was coming along the Strand one day, and the prisoner overtook me in a poor shabby condition.

Q. Did you know him before?

Cotteridge. I had seen him before.

Q. When was this ?

Cotteridge. It was about 6 weeks ago: he asked me to give him some drink. I asked him how he came in that shabby dress: he said his brother allow'd him but a trifle a week; and he had got a note that he had found, since his wife was dead, in a snuff-box, from one Hawkins, that lived in such a place, and he could not get the money. I said I knew the man, and if I can be of any service to you, to see the note paid, I will. He said he would bring the note to me, which he did, to my house, the Tuesday before Christmas-day. I bid him go to the Three Tuns, and said I would come to him.

Q. Did he shew you the note ?

Cotteridge. He did, and I gave it him again. I went to him and said, Now I will go to Mr. Hawkins. Said he, I will go along with you, and shew you his house. We went, he shewed me the house; then I went in, and he stay'd in the street. Mr. Hawkins was in his shop. I said, Mr. Hawkins here is a note fell into my hands, and I desire you would look upon it. He did, and say'd, This is not my hand writing, this is one Curry's writing, an attorney, that was in the Fleet. Said he, This note has been brought to me twice before, and I am sorry that you should be the messenger to bring it again. I have satisfied the original about a year and an half ago, and, if you will step up stairs, I will shew you my receipt of all demands for this note. I went up, and he shew'd me it, and also a copy of this note. He shew'd me the original note: I compared it, and found there was but one letter different. Then I began to tell him how this came about. He said there were some dealings between the prisoner's wife and he. I said, he tells me he found this note in a snuff-box. He said He is a rogue, But I should have told the court I asked the prisoner before, how this note was given, what valuable considerations he had for this note; because it is Value received: He told me he had sold his estate that lay at a place call'd Ramsey, in Hampshire, to Hawkins, and Hawkins gave him this note for it.

Q. When did he tell you this?

Cotteridge. This he told me in the first conversation. I had with him in the street.

Q. Did Mr. Hawkins give you any account how this note came to be given?

Cotteridge. Mr. Hawkins told me he purchased this thing on the 1st of May, 1754, and after it was all finish'd, the receipt was made, and he paid him his money. Then I said, How came this to pass, if you paid him all the purchase money in the year 1754 (which was on his receipt). What, did he write this himself, or Curry? Said he, Curry was a prisoner in the Fleet, and so was the prisoner; and Curry was going out once on a day rule, and Brinkworth desired him -

Q. Was the prisoner by when he and you had this conversation?

Cotteridge. No, he was not.

Court. Then you must not give an account of it. It is not proper evidence.

Cotteridge. After I came back from Mr. Hawkins's, the prisoner came to my house. I said, Are not you a villain to send me with a forg'd note? He said, It is the Tentical note that I had for the purchase money, and I'll swear to it. Then said I, You'll be hang'd for it; for I verily believe it is not Mr. Hawkins's hand writing; for I have compared the notes, and the writing is not alike: and another thing is, there is a receipt in hall which the prisoner denied, and swore he would have his money. I told him Hawkins will be here in a day or 2, and if you will call on me just after Christmas, Hawkins will be here, and I will see you both face to face, and I'll keep the note the while. Hawkins came. I believe it was the Sunday after Christmas day. The next day the prisoner met me in Stone-Cutter-Street, and said, D - n you, what do you mean, you are going to sell me. I said, Call on me to morrow, and I will go with you to Mr. Hawkins's house, and then you may take and burn the note, or do what you please with it; I'll see you face to face. I went: when I came there Mr. Hawkins desired me to walk out to the sign of the Golden-Lion. The prisoner soon came, and was sent to me there. I said, I am imformed they have got a warrant against you for that note; if it is a right note you need not be afraid; but, if it is a false one, you have cause to fear. He said he did not care a farthing for it; for it was the identical note he had of Hawkins. Presently the constable came in with a warrant, and he was taken before justice St. Lawrence. There he desired to see the receipt in full, which was produced, and the original note after that; he beg'd pardon, and said he was sorry.

Charles Harris . I lived with Mr. Hawkins's father in law.

Q. Have you ever seen Mr. Hawkins write?

Harris. I saw him write daily.

Q. Look upon this note carefully. Do you take it to be Mr. Hawkins's hand? He took it in his hand.

Harris. I never saw him write this letter R in Henry in my life. I don't apprehend it is like his writing in any shape.

Q. Upon your oath do you or do you not take it to be his hand writing?

Harris. Upon my oath I do not think this is his hand writing.

Q. to Cotteridge. Is this the note you produced to Mr. Hawkins?

Cotteridge. I believe it is.

Q. Did you not make a mark on it, so as to know it again?

Cotteridge. No, I did not.

The original note produced in court.

Q. to Harris. Whose hand writing do you look upon this to be?

Harris. This I take to be Mr. Hawkins's hand writing.

The forged note read to this purport:

London, 14 Feb, 1750.

I promise to pay to Mr. Anthony Brinkworth , one month after date, the sum of thirty pounds, for value received.

Hen Hawkins, Glass-grinder.

Warder-Court, Soho.

30 00.00

Ask for Mr. Chalkley.

Cotteridge. The prisoner acknowledged the original receipt to be his own hand writing.

Q. to Harris. Do you know any thing farther concerning this note?

Harris. On the 28th of Dec. in the afternoon, Mr. Hawkins desired me to take a walk along with him to Mr. Cotteridge's, to enquire after the prisoner at the bar. We went to a house in the neighbourhood for that purpose, and when the prisoner came, I told him I had got a warrant against him. We took him before justice St. Lawrence.

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 15th, Friday the 16th, Saturday the 17th, and Monday the 19th of JANUARY.

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER II. PART II. for the YEAR 1756. Being the Second 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. 1756.

[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.

HE said he would swear to the note, and that it was Mr. Hawkins's hand writeing. The justice examined Mr. Hawkins, after which he call'd for the prisoner, and said, You villain, you are just come out of one trouble, and I must commit you again. He shewed him the original receipt, and said, Pray is not this your own hand writing? He owned it was, and seem'd a great deal concern'd; after which he pull'd Mr. Hawkins by the coat, and desired him to release him, when Mr. Hawkins told him it was not in his power.

Prisoner's defence.

I asked Mr. Hawkins to shew me the papers before the justice: Said he, I'll shew no papers, why had not you come to me before? I said I had been, and you promised to come to me at the White-Lion, but you never did. I never saw the receipt that he talks of to this day, neither would they shew it me.

Q. to Cotteridge. Have you ever seen the prisoner write ?

Cotteridge. No, I never did.

Q. to Harris. Did you ever see him write?

Harris. No.

For the prisoner.

James Smith . On the Saturday, when the prisoner was before justice St. Lawrence, I heard Mr. Hawkins say he knew the forgery was not the prisoner's hand writing.

Q. Did you ever see the prisoner write?

Smith. No, I never did.

- Acquitted of the forgery, guilty of uttering it . Death .

87. (L.) Elizabeth Collins , spinster , was indicted for stealing one silver watch, value 3 l. the goods of Thomas Taylor , privately and secretly from his person , Dec. 11 . ++

Thomas Taylor . On the 11th of Dec. last I was with the prisoner in a lodging in George-alley, near the Fleet-market. She said they were her lodgings; but I found afterwards they were not. She took my watch from out of my pocket.

Q. How do you know it was the prisoner that took it?

Taylor. Because the watch was found upon her; and I took particular notice of her person, to know her again; and I had been in no body's company but her's when I lost it.

Q. Out of which pocket did she take it?

Taylor. She took it out of my waistcoat pocket.

Q. What sort of a watch was it?

Taylor. It was a silver watch.

Q. Where was she when you found your watch with her?

Taylor. In her lodgings in Black-boy-alley, where we took her.

Q. Was you sensible at the time you lost it that she was the person that took it?

Taylor. Yes.

Q. By what do you know ?

Taylor. Because when I went into her company I felt in my pocket to see if I had it, and I had it; but when I parted from her I missed it.

Q. How long after you parted with her was it that you missed it?

Taylor. I missed it just as I came out at the door, and then I thought she was behind me. I turned about, and asked the woman of the house if she knew where she was gone: the woman cry'd, and said, I hope you have not lost your watch. I said, I have. She said, Did not you see her whisper to me: I said, I did not observe it. She said, She whisper'd me, and said, He has got a watch, and asked me if she should take it, or not: I said, No, don't. I and my acquaintance followed her into Black-boy-alley.

Q. Had you an acquaintance with you when you went into her company ?

Taylor. He went to see the man of the house, and was talking to him while I went out of doors with the prisoner to her lodging, as she call'd it. Then I went and told my friend of it, and he and I went to Black boy alley, where we went into a house, and asked for such a person.

Q. Did she direct you where to find her?

Taylor. No. We went up stairs, where we found the prisoner in bed with another woman. She got out of bed. I said, You have got my watch: She said, I know nothing of either you or your watch. I said, I know that you are the woman who took it.

Q. Did you search her ?

Taylor. We searched the bed, and found it conceal'd under the ticking of the bed.

Q. Was you sober?

Taylor. I was. After the watch was found I left it with the constable; and she was carry'd to the watch house, and the next day before a magistrate, and was there charg'd with stealing it.

Q. What answer did she make to that ?

Taylor. She said I gave it her because I had no more money; but that was false: for I took it out of my fob, and put it into my waistcoat pocket, and did not know that she was sensible of my having a watch.

Q. from prisoner. Whether you did not leave that watch with me for a crown?

Taylor. No, she was contented with what I gave her, which was what she asked.

Q. What was that?

Taylor. Only the change that I had out of a sixpence, when I paid for a pot of beer.

Q. What are you?

Taylor. I am an apprentice to Mr. Car, a watch-gilder, in Little Britain.

Q. from prisoner. Whether, when I was in the publick house, he did not beckon me out, and say, he wanted to pawn his watch, and I said to him, No, don't go to pawn it?

Taylor. That is all false. She shew'd me the way to that house, at which I never was before.

Alexander Harrow . I am the constable. About 1 o'clock on the Thursday morning, the 11th of December, the prosecutor's friend came to me to the watch-house, and told me an acquaintance of his had lost his watch. I said, Do you know where the person is that took it? He said he believed she was in Black-boy-alley. I went with him, and took assistance with me, to a house there. We found the prisoner and another woman in a bed together. I said to the prosecutor, Do you know whether either of these is her? He hesitated a little, and made them get up. As she was dressing herself, he said, This is the woman, meaning the prisoner. I asked her where the watch was: she said she knew nothing of it. When they were both got up, by our shaking the rugs about on which they lay, out tumbled the watch. The prosecutor said, If that is my watch my name Thomas Taylor is on it; which we found to be true. Produced in court, and deposed to. I carried her to the watch-house, and from thence to the counter.

Q. Did she confess any thing?

Harrow. She said he pledg'd the watch with her for some consideration.

Prisoner's defence.

I was in a publick house where were this young man and his fellow apprentice. I had seen him several times in that house. He said, Betty, how do you do? I said, But indifferent. He said, Will you drink any porter ? I sat down, and drank part of two pots of porter with him; after that be beckoned me out to the door: when I came there I said, What do you want with me? He said, I want to go home with you, if you are agreeable: I said, I am if you are. Accordingly he went home with me. He had but one sixpence in the world when he was in the alehouse, and that he spent in two pots of porter. He said to the woman of the house where I lodge, My dear I have got no money, but I'll leave my watch in pledge with you for a crown. I said, What business have I in your company if you have got no money? He said. He would leave his watch. I asked the woman if I should take it. She said, Yes. Then he gave it into my hand. This was about 8 or 9 o'clock. About 12 o'clock he came and took me out of bed, and charged me with the robbery. There were three women in the house where I lay, for which reason I put the watch between the sacking and the tick of the bed. They startled me out of my sleep, and talk'd about a watch. I said, What watch? He said, The watch you rob'd me of. I said (before the constable ) he had left his watch with me for a crown.

Q. to constable. Did she say so when the prosecutor demanded the watch of her?

Constable. No, my lord, she denied to me that she knew any thing of the watch.

Guilty of stealing (but not privately) from his person .

[Transportation. See summary.]

88. (L.) Alexander Thompson , embroiderer, dealer and chapman , was indicted, for that he becoming a bankrupt, within the meaning of the several acts of parliament relating to bankrupts, he owing his creditors to the amount of 200 l. and upwards, did not surrender himself to be examined by the commissioners, according to proper notice given &c. April 26 .*

Susannah East. The prisoner lived in Bury-street, in Feb. last.

Q. What was his business?

S. East. He followed the business of an embroiderer.

Q. Do you remember Mr. Blanch ?

S. East. I do; he is an upholder. I was a journey woman to the prisoner, Mr. Blanch came to talk to my master after he was burnt out, about a bill that was due to Mr. Blanch from Mr. Thompson.

Q. What day of the month was it?

S. East. I can't say I remember the day of the month; it was after the fire at my master's house.

Q. What day was the fire at your master's house ?

S. East. That was on the 20th of Feb.

Q. What do you know it by to be after the fire?

S. East. Because I know it was about 2 days after my master had received his money of the insurers.

Q. What was the answer your master made to Mr. Blanch?

S. East. He said he would pay him on the morrow at 11 o'clock.

Q. Do you know what day of the week they had this discourse ?

S. East. I believe it was on a Friday morning.

Q. Where did your master live at that time?

S. East. He lived in St. Martin's Street, at the house of Mr. Wychart: he went there from Mr. Davis's, his father-in-law.

Q. Where did you live then?

S. East. I liv'd in the house with him.

Q. Did Mr. Blanch come on the morrow?

S. East. He did.

Q. Did Mr. Thompson see him?

S. East. No, he did not.

Q. Where was your master?

S. East. I don't know where he was: I heard he went out a little after 7 in the morning; but I was then, I believe, asleep in bed.

Q. How long did you continue there after this?

S. East. I only continued there 'till the Monday following; master did not return.

Q. Do you remember going along with Mr. Lowden to the prisoner since he was in Newgate ?

S. East. Yes, I do.

A list of creditors and their several debts produced.

Q. Do you know any thing of this list?

S. East. I know all the persons herein named, I and Mr. Lowden went to master with the list yesterday in Newgate.

Council. Here is Mr. Thomas Cotes , 70 l. Do you know him?

S. East. I do.

Q. Did your master deal with him ?

S. East. He did.

Council. Here is James Scot , woollen-drapper, 13 l. 10 s.

S. East. I know him; master dealt with him.

Council. Here is George Vaughan , 60 l.

S. East. I know him; master dealt with him.

Council. Here is William Gray , 24 l. 14 s. 6 d.

S. East. I know him; master traded with him.

Council. Here is Thomas Smith , 15 l. 15 s.

S. East. I know him; master traded with him.

Council. Here is John Kentish , 8 l. 1 s.

S. East. Master said he did not know the man.

Council. Here is Andrew Nash , 7 l. 10 s. and John Ward , 19 l.

S. East. He acknowledged all, except that of Mr. Kentish's, but said, he did not know the man. He acknowledged them to be debts due in April last, before he went away, which was on the 12th of April.

Q. from prisoner. Whether or not she heard me mention any debt before I went away?

S. East. Yes, I did; I heard him mention Mr. Blanch's debt the Friday before he went away.

Q. from Prisoner. Whether she heard all these particular debts before I went away?

S. East. No, I did not.

William Lowden . I went with the evidence East, yesterday, to the prisoner in Newgate, and produced to him this List between 3 and 4 o'clock; he look'd into the particulars of it, and acknowledged every one of the debts, setting aside Mr. Kentish's, which is 8 l. 1 s.

Q. Did he own these debts to be due before the time he went away?

Lowden. He did.

Q. Are you a creditor ?

Lowden. I am not.

William Fell . I have known the prisoner ever since last November was 12 months.

Q. Are you a creditor?

Fell. No, I am not: he was recommended to me by a gentleman of my acquaintance, to do business for me as an embroider.

Q. Did you employ him ?

Fell. I did; at about the latter end of that month, or the beginning of December, I gave him a coat and waistcoat to embroider, and it was done and brought home to my house; the last I know of him might be the Jan. or Feb. after that; he was paid his money, and I never employed him afterwards. I remember when I sent for him to do them, he came and undertook it, and left me a printed bill which expressed his name, what sign he lived at, the street, and trade of an embroiderer: to the best of my remembrance it was a copper-plate.

Ann Wychart . I remember the prisoner lodging at my house.

Q. Are you a creditor?

A. Wychart. No, I am not: he went away one Saturday morning about 7 o'clock.

Q. Can you recollect the month?

A. Wychart. I can't, nor the day of the month.

Q. Was Susannah East at your house at that time?

A. Wychart. She was: she said till the Monday following, then she went away.

Q. Did he leave any word where he was gone?

A. Wychart. No, he did not.

Q. Did he return?

A. Wychart. No, he returned to my house no more: I knew he was gone, but I wou'd take no notice.

Q. What family had he?

A. Wychart. His spouse, Susannah East , and another woman, name Fawlet.

Q. How long had he lodged at your house?

A. Wychart. He lodged at my house, I believe, 3 weeks.

Q. Did he follow any business ?

A. Wychart. He followed the business of an embroiderer during the time he was at my house.

Q. What is your husband's name ?

A. Wychart. His name is George Wychart .

John Vaughan . I have the bond that was given to my lord chancellor, and the affidavit also. I saw the bond executed, and am a subscribing witness. He produced the bond and affidavit.

Mr. Geosirce. This affidavit (taking it in his hand) was ingross'd by my clerk; I went to these several people, and was present when they were all sworn.

The affidavit read to this purport:

Thomas Cotes , mercer, James Scot , wollen-draper, George Vaughan , lace-man, William Gray , silversmith, Thomas Smith , - John Kentish , goldsmith, Andrew Nash , taylor, and John Ward , taylor; jointly and severally maketh oath, that Alexander Thompson is justly and truly indebted to these deponents; to the said

l. s. d.

Thomas Cotes , the sum of - 70 0 0

to James Scot , the sum of - 13 10 0

to George Vaughan , the sum of - 60 0 0

to William Gray , the sum of - 24 14 6

to Thomas Smith , the sum of - 15 15 0

to John Kentish , the sum of - 8 1 0

to Andrew Nash , the sum of - 7 10 0

to John Ward , the sum of - 19 0 0

The bond read, signed with their names, &c.

Then the commission of bankruptcy under the great seal was produced and read in court, dated the 22d of April, in the 28th year of our lord the king.

Mr. Goostree. I was clerk to this commission. On the 22d of April last, the commissioners met for the first time, I was present. Richard Davis , Thomas Life , and Thomas Cobb , 3 of the commissioners named in it, severally took the oath appointed to be taken by the act of the 15th of his present majesty; and then produced a memorandum of it, with their three names to it, which was read.

Mr. Cheshire. I was the messenger to this commission of Alexander Thompson . I saw the commissioners sign a notice for him to appear and surrender himself. This is the very notice (producing one).

Q. Were there duplicates taken ?

Cheshire. There were. I left one with Mr. Wychart in St. Martin's-street, by Leicester-fields, on the 24th of April last.

Q. Did the commissioners sign that which you left there?

Cheshire. They did. This is the duplicate of it.

The notice read to this purport:

April 22, 1755.

Whereas a commission of bankrupt issued forth under the great seal of Great Parish against you Alexander Thompson, of the parish of St. James, Westminster: and whereas the major part of the commissioners, named in the said commission, have declared you to be a bankrupt, we do hereby summon and desire you, the said Alexander Thompson , personally to appear before the commissioners, or the major part of them, on the 2d and 9th of May next, and on the 10th of June following, at three of the clock in the afternoon, at Guild-hall, London, then, and there, to make a full discovery and disclosure of all your estate and effects, according to the acts of parliament concerning bankrupts, &c. herein fail not at your peril. Given under our hands, &c.

Sign'd Richard Davis , Thomas Life, and Thomas Cobb .

The notice in the Gazette produced and read to this purport:

Whereas a commission of bankrupt is awarded and issued forth against Alexander Thompson , of the parish of St. James, Westminster, embroiderer, dealer and chapman; and he, being declared a bankrupt, is hereby required to surrender himself to the commissioners in the said commission named, or the major part of them, on the 2d and 9th of May next, and on the 10th of June following, at three of the clock in the afternoon, on each of the said days, at Guild-hall, London, and make a full discovery and disclosure of his estate and effects, when and where the creditors are to come prepared to prove their debts, and at the second sitting to chuse assigness, and at the last sitting the said bankrupt is required to finish his examination, and the creditors are to assent to, or dissent from, the allowance of his certificate. All persons indebted to the said bankrupt, or that have any of his effects, are not to pay or deliver the same but to whom the commissioners shall appoint, but give notice to Mr. Goostree, attorney, in Sherrard-street, near Golden square.

Mr. Cheshire. This was publish'd in the London Gazette, on Saturday the 26th of April last.

Q. to Mrs. Wychart. Look upon this notice.

She takes it in her hand.

Q. to Mrs. Wychart. I remember a copy of this notice being put upon the dining-room door. I had twice notice of it before it came.

Q. When was that delivered to you?

Mrs. Wychart. I can't tell the time, but it was deliver'd to me by this gentleman (pointing to Mr. Cheshire.

Q. Look upon the date of it.

Mrs. Wychart. It is dated the 24th of April.

Q. to Mr. Cheshire. Look and see which were the days appointed for the commissioners meeting.

Cheshire. The Days were the 2d and 9th of May, and the 10th of June following.

Q. Did the commissioners meet at Guildhall on all these days?

Cheshire. They did; I was present at the meetings.

Q. Did Mr. Thompson surrender himself upon either of these days?

Cheshire. No, he did not; and the commissioners said till past 12 o'clock at night.

Q. Was there any excuse sent by him for his not appearing?

Cheshire. No, none at all.

Q. to Mr. Goostree. Had you any notice sent to you for enlarging the time?

Mr. Goostree. No, I had not.

Q. to Cheshire. Had you any petition for longer time?

Cheshire. If there had been any I should have noticed it, and inserted it in the Gazette.

Prisoner's defence.

I was taken into custody and knew nothing of the statute of bankrupt being taken out against me; what effects I had I surrender'd up. I have been in the north of Scotland and had no knowledge of this notice. I have had nothing to subsist on, either victuals or drink. I was put into New-prison this day is a month, and there were strict orders given that I should not see or speak to any body while I was there. I had not liberty to set pen to paper.

Guilty Death .

89. (M.) Robert Fryett was indicted for stealing 1 silver table spoon, value 6 s. the property of Richard Hine , Dec. 21 .

+ Guilty .

[Transportation. See summary.]

90. (M.) Thomas Martin was indicted for that he, together with a person unknown, with a certain wooden stick, which he had and held in his right hand, on John Sorsby did make an assault with an intent the money of the said John to steal, &c. Dec 31 . ++

John Sorsby . I belong to my lord Bute. On the 31st of Dec. in the evening, betwixt 6 and 7, I was attack'd by two men in Dean-street, Grosvenor-square ; one of them took me by the collar, and held a knife to my throat, and demanded my money; the other was standing by. I refused to deliver; he'd - 'd me, and said he had no time to stand to talk. I catch'd him by the collar, and flung, him down, while the other man beat me with a stick over the head. I strove to defend myself from the blows. He got up, and they both ran away into South-audley-street. Two soldiers, Benjamin Sarmon and John Cooper , took the prisoner. I saw nobody in the street but the two men that attack'd me.

Q. Was it near a lamp?

Sorsby. There were no lamps near. I never left sight of him till he turn'd the corner of Dean-street.

Benjamin Sarmon . I am a horse grenadier. Going up South audley-street, about twenty yards beyond Dean-street, I heard an outcry of murder! watch! stop thief! I made a stop, and, at about ten yards distance, I saw the prisoner and another man come running up Dean-street. They turn'd at the corner, and ran down towards my lord Chesterfield's. They sever'd, and I pursued and took the prisoner. I and my comrade, John Cooper , carried him that way we heard the outcry: the prosecutor met us near the corner of Dean-street, after which we took him to the constable, and from thence to the round-house.

Q. What did the prisoner say for himself?

Sarmon. He said he did not know but that we ran after him to murder him. He had this stick in his hand. Producing an oaken stick with a knob to it. He had hold of it by the little end, when I laid hold of him, and held it out in a posture of defence. There was no other person in the street.

John Cooper exactly confirmed the evidence of his comrade.

Prisoner's defence.

I was going to Chapple-street when these two men bid me stop. I thought they were going to kill me, as I heard murder cry'd. I made no resistance. I have a character in court.

He called John Renholt , who had known him 15 or 16 years; Edward Fogerty 17 or 18, and Richard Bourk , about a year and half in Ireland, where he was bred, and in England where he has been about two years: They all gave him a good character.

Acquitted .

91. (L.) William Thornton was indicted for the wilful murder of Thomas Gresham ; he stood charged on the coroner's inquest for manslaughter, Dec. 18 .*

Edward Squires. On a Thursday, but a little time ago, I believe it was in Dec. between 4 and 5 in the evening, I came down into the hall in Newgate ; I saw the prisoner at the bar-begging at the grate; he gave a violent push against the deceased Thomas Gresham , without any provocation as I saw. I heard not a word from either of them; the deceased fell on his back, and the back part of his head against the wall; he lay there about ten minutes, and was taken up by one Townshend (belonging to the same ward which he did) who carry'd him to his barrack, where he lay 'till he expired.

Q. Was you at the grate when he was there first?

Squires. I was but can't say the hour he came on to beg.

Q. How long did the prisoner live after this?

Squires. I believe he lived about 4 or 5 days, but I never heard him speak a word after this.

Q. Did you see him after he was dead?

Squires. I did.

Q. from prisoner. How often did you visit him in the time of his illness?

Squires. Three times.

Q. from prisoner. Don't you know of his receiving a fall before that ?

Squires. I do not know of a fall before that.

Margaret Smout . I was coming down stairs with a candle in my hand, the Thursday before Christmas day. Mr. Thornton was begging at the door, but what he said I cannot tell; I heard nothing said by either just then. Gresham went a few steps from the door and came to it again, and Mr. Thornton gave him a punch in the stomach, and said G - d d - n you get away; the deceased came to it again, then the prisoner came up to the deceased, gave him a push and push'd him down.

Q. Was that push with one hand or both?

M. Smout. I cannot say; he fell down on his back with his head against the wall.

Q. When did he die?

M. Smout. He died on Christmas-eve.

Q. Did you see him after he was dead?

M. Smout. I saw him when he was laid out.

Abraham Dent . The deceased was a messmate of mine; about a quarter of an hour before he left our ward I had got a pot of beer, he ask'd me to let him drink; he drank, and then went down into the common hall; in about a quarter of an hour, one Townshend, another messmate of ours, and I, were called; we did not know for what, but went into the common hall, where we were told our messmate was lying on his back, and were desired to take care of him; he lay with his head against the wall, and could not speak. I helped him up upon Townshend's back, who carried him to his bed, and laid his body in it with his feet out; in about half an hour after, we heard him groan very much; the last witness's husband said, he did not think it proper to let him lie alone, then we went and put him quite in bed, and covered him over; we sat up with him that night and try'd to feed him with a pewter spoon, and he bit it almost in two; the next day we try'd the same; the 3d day we sent for Mr. Blackden a surgeon, who came; I had cut the hair from off the back part of the deceased's head, the surgeon lanced the place; there was a great deal of corrupted blood came out. Mr. Akerman came and said he was very sorry we did not let him know of this before; he sent him wine and sack-whey, which I gave him as he wanted it: the day before he died he came to his senses; as I was feeding him with sack-whey, he beg'd I wou'd give him the cup in his own hand, and said, I pray God to restore me to my former health and I'll pray for you; I have something particular to say to you. At that time I was called out; after I came in again, he said, pray sit down, I want to speak to you: then he said, liquor has indeed been my ruin. These were all the sensible words he spoke.

Q. from prisoner. Whether he had not a fall some time before that in the ward, and lay for dead, and even lost his hearing?

Dent. He had a fall before that by another man, and never had his hearing till his death; I was present when he had the fall.

Q. How long was that before ?

Dent. That was near a month before.

Q. Was he well recover'd of that?

Dent. He was, in all respects, except his hearing; he eat and drank, and appeared as usual.

Q. from prisoner. Whether you believe I did it to hurt the man or no?

Dent. I was not by when it was done, but don't think he intended to hurt him.

Mr. Blackden. I am a surgeon; on the 22d of December last, a messenger came to me from Newgate, and informed me that a poor debtor had had a fall, and had not spoke-since; I went and found a man lying on his back, senseless and speechless. I found a swelling on the back part of his head, and suspecting the skull to be fractured, laid it open to the skull, and found it fractur'd; I dress'd the part and took my leave of him: this was about 2 in the afternoon. On the Monday I waited on him again about 7 o'clock, and thought him somewhat better. On Tuesday, between 7 and 8 I went again; the person that sat up with him told me he had taken some sack-whey in the night, and had spoke something; I went to him that same evening again, and found him dying.

Q. What do you take to be the occasion of his death?

Blackden. Undoubtedly that fracture on his skull.

Q. Do you apprehend that fracture could be done a month before?

Blackden. No, it could not; it was a new fracture.

Prisoner's defence.

The deceased came down to the gate, calling me ram's-head, goat's-head and buck's-head. I said, Prithee Mr. Gresham, let me alone, if you will not let me alone to beg, beg for yourself. I thought he came with an offer to strike me; I clap'd my hand upon his shoulder and pushed him from me, that he should not strike me. I had no more intention to hurt him than I have to hurt your lordship now; he went from me about 3 or 4 yards, and stagger'd, and fell; if he had not been in liquor he cou'd not have fell.

Mr. Akerman. I asked the evidences that saw it, they both told me it was not a blow, but a shove. The deceased had but one hand (which I observe the witnesses have not mentioned) or possibly he might have saved the fall.

Q. from prisoner to Dent. Am I of a quarrelsome disposition, or otherwise ?

Court. If you can't answer that question without hurting the prisoner, you had better say nothing.

Dent. I have done, my Lord.

Guilty of manslaughter .

[Branding. See summary.]

[Imprisonment. See summary.]

92. (L.) Mary Dinsel , spinster , was indicted for stealing 2 guineas , the property of Benjamin Wells , Dec. 29 ++.

Acquitted .

93. (M.) Mary Porter , otherwise Dowlan , spinster , was indicted for stealing one trunk, value 10 d. two silk sacks, value 4 l. one linen wrapper, one cotton pattileer, one pair of stays, 4 silver spoons, one pair of holland sheets; the goods of Elizabeth Steward , in the dwelling house of Robert Jourdan , Nov. 25 + .

Elizabeth Steward . On the 25th of November last, I returned from the country where I had been some time. I brought my trunk in a coach with the above mention'd goods in it. It was set down in Mr. Jourdan's shop; I was lighted-up stairs; I returned in about 20 minutes, and the trunk was carried off with the goods.

Moses Coronel . I am a pawn-broker; the prisoner had used my shop for about a quarter of a year; on the 25th of Nov. about 9 at night, she brought me this wrapper, with this silk sack in it, and 4 silver table spoons (producing them ) deposed to by the prosecutrix.

Coronel. I lent her 4 guineas on them; when I found the things advertised, I carry'd and left them with justice Fielding.

Robert Sanders . I was at justice Fielding's, and Coronel said; he had seen the prisoner's sister go into an house, and if any body would go with him, he believ'd he cou'd find the prisoner; I went with him, we found and brought her to Mr. Fielding's; after that I went with the lady's maid and search'd her lodgings; we found several things in a drawer that she said belong'd to the lady the prosecutrix, and by the bed-side was this trunk ( producing one ) deposed to by the prosecutrix, in it was a silk stomacher and a parcel of linen.

Margaret Patterson . The prisoner lodged at my house about 3 weeks, the people came with a search warrant and found this trunk in her room.

Prosecutrix. Here is another gown of mine found upon her since she has been in Newgate. Produced in court and deposed to.

Prisoner's defence.

A gentleman's servant brought that sack and other things to me, and ask'd me if I wou'd go and pawn them for him; he went with me to the pawnbroker's door, and I went in and pawn'd them, and gave him the money as I came out at the door. About two days after, he came again and gave me another sack for making him 5 shirts; he brought me the trunk also, with some odd things in the bottom of it.

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

[Transportation. See summary.]

94. (M.) Jonathan Brocklebank was indicted for stealing one pair of scissors, two silver probes, one pair of iron forceps, two lancets, one silver spoon, and one silver salve-spreader ; the property of Hugh Row . Dec. 16 || .

Hugh Row. I am a surgeon , and live in Clerkenwell; the prisoner and his master let me the house I live in I did not like it, and desired him to let it for me if he cou'd; so on the 16th of Dec. the prisoner came with another man to see it.

Q. Had you any knowledge of the prisoner before?

Row. I had seen him once or twice before, I had liv'd in the house but ten days; the man that came with him said, after he had seen it, he would consider of it; and they went away: and within half an hour after, I miss'd my case of instruments, with the things mentioned in the indictment. I sent for the prisoner, he came again, and said he had found where the case of instruments were pawn'd for a guinea and a half, and if I wou'd give him that money, he'd go and fetch them for me. I gave him a guinea and half; he said, if they were not mine, he wou'd return me the money; he went and return'd the same day with them; then I sent for a constable to know how he came by them; after which, he gave me a guinea and two shillings again. We carried him before Justice Withers. I there swore to my instruments.

Q. What said the prisoner ?

Row. He said nothing at all. The justice committed him.

Q. from prisoner. Have you enquired after my character?

Row. I have, of the prisoner's master, Thomas Morril ; he gave him a very good character.

Q. What business is his master?

Row. He lets houses for people.

Jacob Hardwin . On the 17th of Dec. the prosecutor sent for me, I am constable: when I came, he shew'd me a case of instruments and said to the prisoner, how came you to do it? He said, he believed the devil was in him, and hoped Mr. Row would not prosecute him, saying he was very sorry for what he had done, and own'd he had taken them, divers times; and before the justice's clerk he own'd the same, though before the justice he wou'd not speak a word.

Q. to prosecutor. At the time he gave you the money back, did you promise you wou'd not prosecute him?

Row. No; I told him I wou'd prosecute him; he said, he hoped I wou'd not.

Prisoner's defence.

I came into Mr. Row's house that day, he had given us a commission to get a person to take it; so I brought a man, we look'd over the house, and he seemed to like it; this case of instruments lay in a corner cup-board, which was open. I look'd in the case and found a pair of scissors; I took them out and cut my nails, and after that went to put them down in a hurry, and put them in my pocket, and away I went with the man. Some time after Mr. Row sent to my lodgings for me: I went, and he told me he had lost a case of instruments; then I said, Don't you make yourself uneasy, for undoubtedly you will have them again. Said he, If I get them again I don't care what I pay for them, and nobody shall come into any trouble about them. I asked him if he would let me have a guinea and half, and said I thought I could get them out of pawn. He gave me a guinea and half, and said if I would bring them again I should not be hurt. I brought back the case at the hour appointed, and gave him a guinea and 2 s. back: then a soldier drew his sword in the room, and they secured me immediately. They carried me to justice Withers. I never owned any thing. I believe Mr. Row sent me word twenty times, that if I would but send him the 8 s. 6 d. due to him, he would not hurt me. He came once to the gaol, and gave me a shilling.

To his character.

Thomas Morril . The prisoner had been servant to me 4 months when this affair happened.

Q. Where do you live?

Morril. I live in Cold-bath-fields.

Q. What is your business?

Morril. I am a broker.

Q. How long have you known the prisoner?

Morril. I have known him 14 or 15 years. I never knew any thing he did amiss before this. I have trusted him with a good deal of money. I had a side board of plate always lay open in my house, but I never missed any thing.

Guilty .

[Transportation. See summary.]

95. (L.) Ann Goldbourn , spinster , was indicted for stealing 12 yards of silk, value 34 s. 18 yards of paduasoy ribbon, value 5 s. 41 yards of other paduasoy ribbon, 7 yards of taffaty, 31 yards of sattin ribbon, 15 yards of figured ribbon, 11 yards of other sattin ribbon, 25 yards of other sattin ribbon, 4 yards of silk lace, 1 yard of sattin, 2 yard of gause, 6 yards of black silk remnants, 1 yard of black sattin, 3 yards of figured silk, 2 yards and a half of cheque gause, 4 pair of scarlet garters, 2 yards of plain gause, 6 oz. and half of sewing silk, 8 oz of other sewing silk, 12 yards of silk, 1 yard of Mechlin lace, 69 yards of shalloon, and 36 yards of black love ribbon, the goods of John Hopley , in his dwelling-house , December 27 . *

Amelia Hopley. The prisoner was my servant . On the 13th of Dec. in the morning, between 7 and 8 o'clock, when my husband and I were in bed, she came to the bed-side, and took his breeches from off a chair, and carried them into the dining-room; she then brought them again, and lay'd them on the chair. I was awake at the time.

Q. How long was she gone with them?

A. Hopley. She instantly returned. She then came to the feet of the bed, and took off his coat, and carried that into the dining-room; she presently brought it back, and laid it where she took it from.

Q. Was the waistcoat in the coat?

A. Hopley. I can't say whether it was or not. As she was spreading the coat smooth as she found it, I stir'd in the bed, as though awaking: She shrunk behind the curtain for some time; then she softly went out of the room, and stay'd till the usual time she used to come up and call Mr. Hopley; then he awaked directly and answered her.

Q. When he awaked did you acquaint him with what you observed?

A. Hopley. I did. He got up in about half an hour after that; he went down stairs, and sent for a person to talk to her.

Q. Did he search his breeches?

A. Hopley. He did, and missed nothing; he happened to have taken out the money over night.

Q. Did he miss any thing out of his coat pocket?

A. Hopley. No, nothing at all.

John Hopley . When I awaked in the morning, on the 13th of Dec. my spouse related the thing of the maid's having been in the room, as she has now. We both suspected she wanted the key of the buroe out of my pocket. I had put the money out of my pocket over night, except a few halfpence, but whether there were any missing of them I know not. I had before missed money, and that very week a guinea; and the day before 1 s. 6 d. out of a drawer which was lock'd in my warehouse. I thought proper to send for Mr. Newton, when I got up, to hear her examined: She was call'd into a room in my warehouse: he examined her, and she denied every thing; then we open'd her box, in which we found some of the things mentioned in the indictment. After she was committed she sent for her trunk, which was lock'd. I thought it to be empty; but finding it heavy, I refused to send it till it was opened. I had it broke open, and in it we found a deal box, and things conceal'd in it.

Q. What things?

Hopley. The following goods:

Twelve yards of silk

Eighteen yards of paduasoy ribbon

Forty-one yards of other paduasoy ribbon

Seven yards of taffaty

Thirty-one yards of sattin ribbon

Fourteen yards of figured ribbon

Eleven yards of narrow ditto

Twenty-five yards of narrow shaded ribbon

Four yards of silk lace

One yard of black gause

Six yards of black silk remnants

One yard of black sattin

Three yards of figured silk

Two yards and half of cheque gause

Four pair of scarlet garters

Two yards of plain gause

Six ounces and half of sewing silk

Eight ounces of black and coloured silk

Twelve yards of silk

One yard of Mechlin lace

Sixty-nine yards of shalloon

Thirty-six yards of black love ribbon

The last I can swear to.

Q. Can't you swear to all the rest?

Hopley. I can to the first article, the 12 yards of silk, the 18 yards of paduasoy ribbon, and a quarter of a pound of scarlet thread; I can't to the others, but there were private marks to those I swear to.

Q. What is your business ?

Hopley. I am a haberdasher. These several things were found in a deal box, concealed within her trunk. This trunk was in the garret where she lay. At first she said she could not find the key of it; but when she found we would break it open, then she open'd it; after which, when we found the deal box in it, she owned in the compter, that when she went up stairs to dress herself, to go before a magistrate, she took the box from under the bed there was a padlock upon it) and locked it in the trunk, and took the key to prison with her.

Q. What was found in the trunk at the first opening it?

Hopley. There was velvet, and half a yard of black sattin, 3 gause handkerchiefs, a piece of shalloon, 2 yards of muslin, and a ruffled shirt, on which she was committed.

Q. Can you swear to the shirt?

Hopley. I know that is mine by the number on it, it being missing, and she owning she took it.

Q. Did she confess any thing?

Hopley. I heard her say all the things mentioned were mine, and that she was exceedingly sorry for what she had done.

Q. Where did she say this?

Hopley. She said this in the Poultry compter.

Cross examination.

Q. When did you make the first search?

Hopley. On the 13th of Dec. at the time I found the things upon which she was committed to the compter.

Q. Who unlock'd the trunk?

Hopley. She herself.

Q. How long after her opening the trunk was it that she was sent to the compter?

Hopley. Not till the best part of an hour after.

Q. Did you miss the goods at different times?

Hopley. It was impossible to miss every individual; but I missed some.

Q. When might you lose the twelve yards of black silk?

Hopley. I cannot say; but I lost it within the time she was my servant.

Q. When did you lose the 18 yards of paduasoy ? Was it at a different time from the other?

Hopley. I can't exactly say at what time. To be sure there must be a good deal of time in collecting all these things together.

John Terry . I was the constable. Mr. Hopley sent a servant to me on Saturday morning, the 13th of Dec. When I came there I was desired to go up into the dining-room: there was Mr. Hopley and the prisoner at the bar. He said, I am very sorry to trouble you thus; but I must give you charge of my servant (meaning the prisoner) she has rob'd me. There lay some handkerchiefs and gloves, and other things, on the floor. He was looking at them, and said, These are my property, she has own'd it. I said, You base hussy, have you done this ? Yes, she said, I have, and they are my master's property; I have, continued she, the best of masters: What I did it for I know not! Mr. Hopley came to my house on the 28th of Dec. and said, I have a suspicion of a greater robbery committed by my maid. Is it not right to break open her trunk, for I suspect there are things of mine in it?

Q. Where was the prisoner then?

Terry. She was in the Poultry compter. He told me she had sent for her trunk. We broke it open, and there we found some baize and stockings by the side of a box, which was withinside. Mr. Hopley said, What is in this box? There was a padlock hung to it. He said, I insist upon this being broke open, which was done, and there we found the things mentioned. They are all here ( producing a large bundle ) and she owned likewise she took them at different times. I asked her in what manner this box was conveyed into the trunk. She said, When you went home to stay till I had cleaned myself, I took that box from under my bed, and put it into my trunk.

As it appeared the prisoner had taken these goods at divers times; but no proof that she had at any one time taken goods to the amount of forty shillings value, the jury found her guilty 39 s.

[Branding. See summary.]

96. (M.) Joseph Lambert was indicted for that he on the 5th of Nov . about the hour of 6 in the night of the same day, the dwelling house of John Burr , did break and enter, and steal out thence 2 linen sheets value 2 s. 3 rugs value 4 s. 1 blanket value 2 s. 1 bolster value 12 d. and 1 pillow value 12 d. the goods of the said John. +

John Burr . I lost the goods mentioned in the indictment.

Q. Why do you charge the prisoner?

Burr. Because he owned the fact.

Q. In what words did he own it?

Burr. He said the last thing he stole was the rug and bolster, and that he design'd to come next for the bed.

Q. Where did he make this confession?

Burr. This he made before Sir Samuel Gower; and said that he stole them at divers times, and that he sent them by a woman, who sold some of them for him.

Q. Did he own which way he got into your house?

Burr. He said he came in backwards, as we were forwards, about six in the evening, at the back door.

Q. Was the door-fastened ?

Burr. It was. There was a bolt upon it, which was bolted on the inside.

Q. Can you swear the door was bolted before 6 o'clock that evening?

Burr. I can, and will, swear it safely.

Q. Have you got any of your goods again?

Burr. Some of them are in court. We found some of them again by his direction. We have all but one sheet and bolster.

Produced in court and deposed to.

Prisoner. He says the door was bolted, but it was not, when I went in.

Ann Reynolds . A woman was going by my door with this rug to sell. I challenged her with it, and stop'd her, knowing the rug. I had lay'd it on the prosecutor's bed several times. After that the woman brought the prisoner, and told us where the rest of the things were.

Q. Where is she?

A. Reynolds. She is now in Newgate. Her name is Catherine Frazier .

Bridget Dunn . I heard the prisoner say he conveyed himself into the prosecutor's house backwards, about 6 o'clock at night, when he took the things mentioned, and named which he took first, which the next time, and which last.

Q. Where did he own this?

B. Dunn. Before Sir Samuel Gower . I would not say a wrong thing, because it is a pity; if he can say I falsify my word, let him speak it, there he is.

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

Guilty of felony only .

[Transportation. See summary.]

97. (M.) Thomas Armstrong was indicted for stealing 2 pair of worsted stockings, and 2 worsted stockings, 1 linen shirt, 1 cheque apron, the goods of Thomas Hughes , and 1 muslin neckcloth , the property of Barnaby Hughes , Dec. 17 . ++

Thomas Hughes . On the 17th of last month I lost the things mentioned in the indictment, and they were found again in the prisoner's pockets.

Q. Where do you live?

Hughes. I live in Holywell-Lane, Shoreditch parish.

Q. Did the prisoner live with you?

Hughes. He work'd with me, and had been down stairs where the things were; after that he was observed to go out-with another man's coat on his back, upon which we pursued him.

Q. How long had he work'd with you?

Hughes. He had work'd with me much about a month.

Q. Where was the prisoner taken ?

Hughes. We took him in Winifred-street, Whitechapel, and brought him back, when we delivered him to the watch, and saw the watchman take the things from him.

Q. Name what things.

Hughes. There were

Two pair of worsted stockings

Two odd stockings

One shirt

A cheque apron

He had one pair of the stockings here mentioned on his legs. These were all produced in court and sworn to.

Thomas Rumbolt . I am constable. On the 17th of last month I had the prisoner delivered in charge to me. I searched him in the watch-house, and found these goods here produced upon him. I have had them in my custody ever since.

Q. Did the prisoner confess any thing how he came by them?

Rumbolt. He said a woman gave them to him, but would not tell who that woman was.

Q. to prosecutor. Did you hear the prisoner own any thing?

Prosecutor. He said, at the time I took him, he had my wife's apron, but did not know where it was. That was on the outside of the other things.

Barnaby Hughes . This muslin neckcloth (holding one in his hand) is my property.

Q. to constable. Where was that found?

Constable. I found it on the prisoner among the other things.

Prisoner's defence.

They asked me where such and such things were, to which I answered I did not know.

Guilty .

[Transportation. See summary.]

98, 99. (M.) James Ives and Jane his wife were indicted for stealing one silk gown value 5 s. the property of John Bridge , 1 holland gown, the property of Hannah Sparks , spinster , 1 crape gown and 1 linen gown, the goods of Richard Bland , 1 cotton gown, the property of Elizabeth Holmes , spinster , 1 linen gown the property of Ann Albright , spinster , 1 stuff gown, the property of Esther Floyd , widow , and 2 other gowns, the property of Ann Rumley , widow , and Eliz Castels , widow , in the dwelling-house of George Mure , Dec. 22 . +

George Mure . I am a pawnbroker. The prisoner came to my house on the 10th of Dec. about 8 o'clock in the morning, and wanted a pair of shoes which he had pawned before. I went up stairs to see for them, but could not find them. I came down and told him: He said they were certainly in the house, and desired I would search further. I went up again, and when I came down he was gone. There had been nobody in my shop that morning but him and myself, this being before any of the family were up.

Q. Did you m iss any thing then ?

Mure. No, I did not. On the 22d of Dec. he came again, about the same time in the morning. I went up stairs for what he wanted, and when I came down he was gone again.

Q. Did you miss any thing then?

Mure. No, I did not. On the 26th of the same month he and his wife came both together, before 8-o'clock in the morning. I missed nothing till the 29th, when I found some gowns were missing. I enquired among the pawnbrokers, and found one gown pledged in the woman's name. I took out a warrant from justice Wright, and carried both the prisoners before him, where the woman said she found that gown with another in the street.

Q. Whose gown was that you found?

Mure. It was the property of Elizabeth Castels , which she had pledged with me; the other gown, which the prisoner mentioned, she had pawned in Russel-street; it was the property of Esther Floyd , and pledged with me.

Q. Where did these gowns lie in your shop?

Mure. They lay upon two shelves, one over their heads as they came in, and the other facing the door on the other side the counter; I lost the other gowns mentioned in the indictment, but have not met with any of them.

James Ives . I never was at the prosecutor's house but once, and then I came away without seeing him.

Thomas Atkinson . On the 21st of January Mr. Mure call'd upon me, and told me he had missed some gowns, and that he suspected the two prisoners at the bar had taken them. He desired I would go with him to a pawnbroker, named Ireton, in Crown-court: We went, and there we found one; then we went to Russel-street, Covent-Garden, to a pawnbroker there, where we found the other.

Philip Spencer . I am servant to Mr. Ireton ( he produced a gown) the woman at the bar pledg'd this with me on the 10th of Dec.

Q. At what time of the day;

Spencer. About the middle of the day.

Q. What did you lend her upon it?

Spencer. I lent her 4 s. upon it. She offered me some more gowns a little before, which by the description were taken from the prosecutor.

James Ives . That witness said before the justice he did not mind swallowing an oath; he could swallow an oath at any time.

Court. What do you say to that? You hear what he says.

Spencer. The prisoner said, when we were at the justice's, after I had given an account of what I knew, You have swallowed that oath. I said, Such as this I can swallow at any time; for it is the truth.

Q. Did you say you could swallow or take a false oath?

Spencer. No, I did not.

Robert Davis . Jane Ives , the prisoner, pledg'd this gown with me (producing one). I had no suspicion of her dishonesty, having dealt with her six or seven years.

Q. When did she bring it to you?

Davis. She brought it to me on the tenth of December.

Q. to Mure. Look at this gown. Do you know it?

Mure. This was taken out of my shop. It is the property of Esther Floyd , who is here.

Esther Floyd . She took the gown in her hand. This is my property. I pledg'd it to Mr. Mure on the 15th of Nov. and on the 29th of Dec. I went to fetch it, when it was missing.

Ratcliff Littler. I was coming out of the Little Minories into the Great Minories, when I met with James Ives , the prisoner at the bar.

Q. When was this?

Littler. It was about 3 or 4 days before last Christmas. He said, brother soldier (for we are both soldiers) have you an uncle living any where this way?

Q. What did he mean by that expression?

Littler. He meant a pawnbroker. I told him I did not know of any thereabouts. He said, I thought you might, being quartered at Tower-hill. I met his wife with her lap full of something, but cannot say what; she followed him at a little distance.

James Ives 's defence.

About six or seven weeks ago I had been at Drury-Lane to buy some leather, when I saw a man much in liquor without his hat. Going a little farther, by the corner of Queen-street, where Mr. Mure lives, I went to make water, and by the side of the stones I saw a bundle and a man's hat; I went to the sign of the Crown, and asked if a man had come in there without a hat: They said, No. I staid there, and had a dram. When I came home I opened the bundle, and found there were two gowns. I kept them six or seven days, and they not being advertised, I thought I had a right to sell them. I sent my wife to pawn one of them, which she did for four shillings, and the other for the same, to buy leather for me to work, and to buy things for my family. My wife never saw them till I carry'd them home to her. As to what Ratcliff Littler says, the things my wife had then in her lap was nothing more than a blanket.

For the prisoners.

Francis Blyth . As to the fact I know nothing of it. I have known the prisoner, James Ives , for these seven years, and I have employed him as a porter out of compassion to his family. He seemed to be poor and very industrious. I have entrusted him with messages, and have sent him with things and money to carry for me, and to take receipts; I have also sent him to my country lodgings, and left him with the keys, where plate and things of value were, when he has been there alone, and I never missed any thing, not so much as a glass of wine. I have often had him a guard over the fields with me, and sometimes with a charge of money, which I should have thought indiscreet, if I was not with a person I could have confided in.

Court. Take care how you talk of such things here; for we don't expect every body honest that comes here.

Blyth. I shall always be careful how I do it again with any body; but I always thought myself extreamly safe when he was with me; I had so settled an opinion of him, that I could have trusted him with all I had.

Frances Pool . He was servant to my husband, and serv'd him justly and truly.

Q. What is your husband?

F. Pool. He is a shoemaker. The prisoner and his wife are honest, well behav'd people, as any I know.

Thomas Stringer . I have known him two or three years; I never knew any ill of him; I took him to be an industrious man till this affair happen'd.

- Stevens. I have known him these 16 years; he is in the same company where I am serjeant; he behaved extremely well, and did his duty as a soldier. I never heard any complaint of him till this time.

James Ives Guilty 10 d.

Jane Acquitted .

100. (M.) Robert Sparrow was indicted for stealing 6 silver spoons, value 6 s. 3 linen shifts, value 3 s. and 2 pair of linen sleeves , the goods of James Fitzhenry , Dec. 7 + .

James Fitzhenry . I keep a publick house , the prisoner came in while we were at supper; he said he was very ill and had eat but a little victuals for a long time; I gave him a slice of meat: after I had done supper I took a candle and went up stairs; when I was above, I heard the two pair of stairs door make a great noise by slaping too. I went up and there stood the prisoner; I had not missed him from below before; I asked him what he was doing there? he said, nothing at all; I called to my man, he came up, and we search'd the prisoner; we found the shifts in his bosom with the sleeves, and the spoons in his pocket.

Q. What did the prisoner say for himself?

Fitzhenry. He said nothing, but beg'd for mercy and said the devil tempted him to do it. I took him to the round-house, and the next day to Justice Fielding, and he was committed.

Q. What did he say there?

Fitzhenry. He made no defence, but own'd he took the things.

William Sutton . I am servant to the prosecutor; he knock'd with his foot and I went up stairs, and found him and the prisoner contesting together; master bid me go and see if his room door was broke open. I went and found it was; I told my master, and he bid me stand by the prisoner to see that he did not drop any thing; while we were searching him, the shifts and sleeves fell from him, and I found the spoons in his left coat pocket; he made no defence, but lay down with his hands and knees to the boards and said nothing.

Prisoner's defence.

I was very much in liquor and know nothing how I came up stairs, or how the things came to be about me; I had been ill a long time, and a little eating and drinking overcame me.

Guilty .

[Transportation. See summary.]

101. (M.) Ann Whiteman , spinster , was indicted for stealing 15 s. in money number'd , the money of Peter M' Key , Jan. 11 || .

Peter M' Key. I live in the Tower ; on Sunday morning, the 11th of this instant, I went out and left the prisoner at home.

Q. Was she your servant ?

M' Key. Yes she was, and I left the money in a drawer; there were 6 half-crowns of it.

Q. When had you seen it last?

M'Key. I had seen it not a quarter of an hour before I went out: I had been putting a clean shirt on.

Q. Did you lock the drawer?

M'Key. I did, and left the key on the drawers.

Q. How long had the prisoner lived with you ?

M'Key. She had lived with me about three weeks. I came home between one and two the same day, and the money and prisoner were missing; the drawers were lock'd, and the keys where I left them.

Q. Where did you meet with the prisoner again?

M'Key. She had been in a work-house near Little-Britain, so I and a friend of mine went there and found her, in Little-Britain, on the Monday morning; when we ask'd her after the money, she owned the fact directly, and said she had taken it.

Q. Did you search her?

M' Key. No, I did not; I ask'd her if she had any of it left? she said, she had not: sometimes she said she had lost it; at other times she said she could not tell what she had done with it. I sent for a constable and took her before the fitting alderman, and she own'd it there, and said she was very sorry for what she had done.

John Taylor . I went along with the prosecutor into Little-Britain, where we took the prisoner; upon her being charged with taking the money, she own'd in my hearing, she did take it.

Q. Did she mention what quantity?

Taylor. She said there were six half crowns; she begg'd the prosecutor would let her go, and said she would pay it him again: she cou'd give no account what she had done with it. She was taken before the justice and there she own'd the same.

Prisoner's defence.

The prosecutor's wife has known me seventeen years, and never knew me guilty of such a fault before.

Guilty .

[Transportation. See summary.]

102. (L.) Charles Porter was indicted for stealing one glass bottle and one quart of pickled mushroons, value 5 s. the property of John Kinneer , privately in the shop of the said John, Dec. 7 +.

John Kinneer. About seven weeks ago, I lost a quart bottle of pickled mushrooms which stood in the shop-window for show? I gave it up for lost; about a fortnight after I was inform'd the prisoner was enquiring the price of a bottle of mushrooms. I went to seek after him but could not find him: my man Benjamin May found him in an alehouse, he sent for me, I went, and the prisoner produc'd a bottle of mushrooms, the same I lost, which I swear to; the prisoner own'd to me he took them, but said he was not in his senses, or drunk when he took them. I charged the constable with him and he was committed.

Benjamin May . I am servant to Mr. Kinneer; we lost a bottle of pickled mushrooms from the window; we heard the prisoner wanted to sell a bottle about a fortnight after; I went to enquire after him and found him in an alehouse; I told him I wanted to speak with him; I took him into the skittle-ground, and said, how could you be such a fool to take the bottle of mushrooms out of the window? master has not missed them yet; let me have them that I may set them in the place again. He said, he knew nothing of them. I told him he had offer'd them to sale. Then he told me he had taken a bottle from the window, and said he would bring them on the Monday morning. I said, let me have it now. He said, it is late. I said, It is not half an hour after 10 o'clock. Then he took me into his room; there was the bottle. I had sent for my master, he came; then we sent for the constable and gave him charge of him.

John Smith . I am constable, I was sent for to take charge of the prisoner, and the mushrooms were deliver'd into my custody; I took him to Bridewell that night, and the prisoner was committed. [He produced the Mushrooms depos'd to by the Prosecutor.] I have known this poor unhappy fellow, the prisoner, 20 years, he is actually a madman when he is fuddled, and does not know what he does.

Prisoner's Defence.

To be sure the bottle was in my Room; but what way it came there I know not; I was going that very night to sit at Mr. Alderman Hoare's door, where I am watchman, when the man came and took me up.

To his character.

William Russel . I have known the prisoner 20 years; I believe I never knew any thing amiss of him before this happen'd. I know when he is in liquor, he is like a madman.

John Gsbson . I have known him 14 or 15 years; he always behaved well; I never heard any ill of him before.

Guilty 10 d.

[Whipping. See summary.]

103. (L.) Thomas Hays , was indicted for stealing one iron malt-mill, value 10 s. the property of Robert Russel . Jan. 1 . ++ .

Robert Russel . I am a broker , and live at the corner of Harp-Alley ; the house next to mine is uninhabited, where I put goods in; I had, amongst other things, a malt-mill, I went into the house on New-year's-day and miss'd the mill, and by enquiring about, I found it at Mr. Hunts, a mill-maker in Crooked lane, who told me, he had bought it of two men that came with it to sell. I desired him, if he should see either of them, to stop them. On the Wednesday following I receiv'd a message from him that he had got one of them. I went there and found it to be the prisoner; we got a constable and charg'd him; the next day I took him before the sitting alderman at Guild-hall; the account that he gave, was, that he was employed as a porter to carry the wheel for one Thomas Boswell to Mr. Hunt's house, and he said Boswell carried the Mill; and that he own'd likewise he sold the mill for 10 s.

John Walker . I am servant to Mr. Russel; when we missed the mill I went about to enquire who bought such a one. I went to Mr. Hunt's in Crooked-lane. There I saw the mill; [produced in court] this is the same mill we lost, it is my master's property. I saw the prisoner when he was secured. I asked him how he came by the mill, he said he was employed to sell it by one. Thomas Boswell . I asked him where he lived; he said he lived at Hammersmith. I asked him where Boswell was to be found; he told me a place, but upon my enquiring, I found such a man had lived there, but he was gone. I went about the neighbourhood and enquired for him, and heard of him at 2 or three places but never could meet with him.

Richard Hunt . The prisoner and another man brought this mill to my shop, I was not in the way when they came first. My servant came to me and told me there was a mill brought to be sold. I went home and ask'd the prisoner what he expected for it? He said, 12 s. we agreed for 10, and I paid the prisoner the money; when they went out at the door, the prisoner went one way and the man that came with him the other. On the Wednesday following, Mr. Russel's servant called upon me, I shew'd him the mill; he said it was his master's property; he and his master desired me, if I saw either of the men, to secure them: after which, my servant secured the prisoner; I desired him to go with me to Mr. Russel; he charged him with stealing the mill.

Q. What account did the prisoner give of himself?

Hunt. He said he lived at Hammersmith; but upon enquiry I found the place of his habitation was in St. Andrew's, Holbourn.

Q. Which did you look upon to be the owner of the mill, the prisoner, or the other man?

Hunt. I look'd upon the prisoner to be the principal owner of it.

Edward Hitchcock . I was not in the shop at the time the two men brought the mill; the prisoner brought only the wheel; the other person brought the mill; Mr. Hunt was not for giving him his price, then the prisoner said, I'll settle this matter, we'll, take 10 s. for it; and master paid the 10 s. into the prisoner's hand; as s oon as the money was paid, they went both to the door and immediately separated. I was present when Mr. Russel's man came to enquire if a mill had been sold there; and also when Mr. Russel, the prisoner and my master were together. The prisoner said, before several people there, that the mill belonged to a poor widow, and he was employed to sell it for her.

Q. to Russel. Was the lock of the door where the mill was, forc'd open ?

Russel. No; it did not appear to he broke. I know not which way they got into the house.

Q. to Hunt. Did you hear the prisoner say the mill belong'd to a poor widow?

Hunt. I did.

Several people appeared in the prisoner's behalf who gave him a good character.

Guilty .

[Transportation. See summary.]

104. (M.) John Whetman , was indicted for stealing 2 silver handle forks, value 5 s. 3 silver spoons, value 10 s. one pair of silver buckles, value 3 s. the goods of Joshua Fonseca , Dec. 6 || .

John Robinson . I am a Goldsmith, and live in New-Bond-Street; the prisoner came to my house about the beginning of December, and offer'd me four pieces of silver; three tops and one bottom of silver fork handles, in the same condition they now are, scratch'd upon the graving; (producing them) he offer'd them to sale. I asked him how he came by them? He said, he bought them at Harrow for 3 s. 6 d. but said, he thought them worth 13 or 14 s. Upon seeing them in this condition, I suspected he stole them, sent for a constable and stopt him; then he said he had an uncle who kept the Tennis-court in the Hay-market; we went there with him. The gentleman said, he was related to him. and he believed he was a very honest man. Upon which I let him go, but kept the things and advertis'd them the next day; the prosecutor came the Monday following and owned them. I went on the Tuesday to Harrow-on-the-hill and took the prisoner as he was at work in the fields, and brought him to justice Fielding's, there he confessed he stole them.

Joshua Fonseca . He takes up the pieces of silver. These are my property.

Q. Where do you live?

Fonseca. I live at the corner of St. Mary Axe .

Q. What are you?

Fonseca. I am a tobacco broker .

Q. What time did you miss these things?

Fonseca. I can't justly say the time; but I lost them about a fortnight or 3 weeks before the prisoner was taken.

Q. Did you know him before?

Fonseca. I did, he lived with me.

Q. In what capacity?

Fonseca. He worked in the garden.

Q. When did he come to work with you?

Fonseca. He came about 2 months or 6 weeks ago.

Q. How long did he live with you?

Fonseca. He lived with me but 3 days, and I missed the things the day after he went away; I lost a pair of silver buckles about that time, but cannot swear the prisoner took them.

Prisoner's defence.

I found these things a little way from my master's door, in the same shape they are now in. His doors were open at the time. I went to that man's house to sell them, and he stop'd me.

Q. to prosecutor. Did you hear the prisoner confess he stole them.

Prosecutor. I did not. I have heard he has an exceeding good character.

Guilty .

[Branding. See summary.]

105. (L.) William Eglese was indicted for stealing 3 pieces of flaxen cloth, call'd canvas, containing 2 yards, value 12 d. the goods of George Bryan , John Mason , and John Simpson . Dec. 5 . ||

Thomas Ware . I keep a shop-warehouse for Messrs. George Bryan , John Mason , and John Simpson , for serving the navy. I was informed there were several pieces of cheque and canvas stolen out of the warehouse. My master gave me orders to search the workmen at their going out.

Q. Was the prisoner one of the workmen?

Ware. He was a cutter in the warehouse . I searched him on the 5th of Dec. and found 3 pieces of canvas: there is rather better than 2 yards of it. Produced in court.

Q. Where did you find it?

Ware. It was in his coat pocket.

Q. How do you know that was your master's property ?

Ware. He confessed it.

Q. Could you have known it if he had not confessed it?

Ware. I could not. He said it was the first time he ever had done so, and desired me to forgive him. I charged a constable with him, and he was taken to the compter. He was brought here afterwards, and his made, it being sessions time.

Prisoner. I was not committed, I was bail'd, and have since surrender'd to take my trial.

William Kentish . I am book-keeper to those gentlemen. When we were inform'd they had been rob'd, the gentlemen order'd, that the men, who cut the goods into garments, should be search'd. Mr. Ware desired I would give him my assistance to see them examined. I was by, and held the candle, while he searched the prisoner's pockets, when I saw the canvas, here produced, taken out. I ran a piece of packthread through them, that I might be able to swear that they are the same.

Q. Where is this warehouse ?

Kentish. It is in Seething-lane.

Q. What did the prisoner say for himself ?

Kentish. He said it was the first offence, and beg'd that we would forgive him, at another time he said somebody had put them in his pocket when he was asleep. The constable was waiting in the kitchen, and, upon the goods being found, was call'd, and had charge given him of the prisoner. He charged me to aid and assist: We then took him to the compter, and the next day, being Saturday, there was no sitting alderman. We brought him to his Lordship, it being the time of the sessions. My lord's clerk said, if he was committed, he must remain till next sessions; so he advised us to let him remain till Monday, to see the gentlemen, as they do not live in town. The prisoner was accordingly admitted to bail, and is now surrendered.

William Barice . I am foreman of the cutters. On the 5th of Dec. I saw this canvas taken out of the prisoner's pocket. He said it was the first time he had done such a thing, and beg'd upon the account of his family, a wife and 4 small children, that they would forgive him.

Prisoner's defence.

I have worked there 7 years, and never was dishonest in my life. I have some gentlemen here to give me a character. The cheques, they talk of, were taken by other people, and that they all know.

To his character.

William Alston . The prisoner was servant to me 4 or 5 years ago. I never found him wrong me of a farthing. He always bore a good character. I have known him 10 or 11 years. I once kept my chamber about a month or 5 weeks, during which time I trusted him to do my business, and he behaved exceeding well. He work'd 3 or 4 years for me, at different times.

Edward Hartley . I have known him ever since he was 5 years of age. He is a very honest man. He has work'd for me upwards of two years, and his wife works with me now. I keep a sale shop.

Q. Have you known him lately ?

Hartley. I have. My wife's sister married his father.

Isaac Hitchen . I am a publican. I have known the prisoner between 2 and 3 years: He always bore the character of a quiet good natur'd man. I never saw any thing to the contrary.

John Chambers , I am a mast-maker and block-maker. I live very near the prisoner, whom I have known about 7 years. I believe he is a very honest man. He has a very industrious wife, and 4 small children.

Guilty 8 d.

[Whipping. See summary.]

106. (L.) John Rawthorn was indicted for stealing forty pounds weight of raisins, value ten shillings , the goods of Thomas and James Tierney , January 4 .

++ Guilty .

[Transportation. See summary.]

107. John Davis was indicted for wilful and corrupt perjury .

No evidence appearing the prisoner was acquitted .

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

Received sentence of death 3.

John Boswell , Alexander Thompson , and Andrew Brinkworth .

Transported for seven years 28.

Joseph Reed , William Myers , William Bills , Elizabeth Collins , John Rawthorn, Thomas Hayes , Mary Vincent, William Gold, John Shervil , Martha Eaton, Ann Cleverton, Elizabeth Gray , Mary Dodd , Elizabeth Yates , Joseph Lambeth , Elizabeth Smith , Jonathan Brocklebank , Thomas Armstrong , Randolph Banks , John Smith , Jasoph Cartwright, Robert Sparrow , John Harris , Ann Whiteman , Sarah Lamprey , John Rees , Mary Porter , and Robert Fryett .

To be branded 3.

William Thornton , and imprisoned 11 months among the felons in Newgate, John Whetman , and Ann Goldbourn .

To be whip'd 2.

Charles Porter , William Eglese .

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