Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 25 November 2014), June 1756 (17560603).

Old Bailey Proceedings, 3rd June 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 3d, Friday the 4th, and Saturday the 5th of JUNE,

In the Twenty-ninth Year of His MAJESTY'S Reign. NUMBER V. for the YEAR 1756. Being the Fourth 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; Sir Michael Foster, Knt. * Sir Sydney Stafford Smythe, Knt. + Sir WILLIAM MORETON , Knt. ++ Recorder, and other of his Majesty's Justices of Oyer and Terminer for the said City and County.

N. B. The Characters * + ++ direct to the Judge by whom the prisoner was tried, also (L.) (M.) by what Jury.

London Jury.

Benjamin Hatwell

John Kidman

John Chassent

Thomas Williams

Edward Thorne

Daniel Fen

Richard Peckover

Benjamin Sidey

Joseph Dudds

John Hartly

Samuel Hoole

John Mitchel

Middlesex Jury.

James Bagell

Peter Deschamps

William Cubidge

William Sanders

John Noble

Richard Hand

Edward Turpin

Newland Martin

Joseph Sutton

John Dandy

Richard Kitchenman

John Millan

236. Edward Dudley was indicted for stealing two linen sheets, value 4 s. the property of Sir Samuel Gower , knt. to which he pleaded guilty .

[Transportation. See summary.]

237. (L.) David Jones was indicted for stealing one pound and a half of tea, value 12 s. one ounce and a half of other tea, value 13 d. four ounces of coffee, one pound of raisins, two pounds and a half of currants, four ounces of sugar, half a pound weight: of almonds, four ounces of indico, and other things , the goods of Francis Mawley , May 20 . ++

Francis Mawley . I am a grocer in Cheapside ; on the 20th of last month I order'd the prisoner, who is my porter , to carry five pounds worth of halfpence from my counter into my counting house, and put them into my, at which time I was weighing some tea out of a canister near my desk; returning with the tea, I perceiv'd the prisoner let fall a paper. I took it up, and found it to contain a quantity of tea. I immediately charged him with taking it from me, and he confessed he did.

Q. What quantity was it?

Mawley. There was one ounce and a half of it I ask'd him what he intended to do with it? He said he intended to treat a young woman with it on Sunday. Then I wanted to search his box, but he wou'd not let me have the key; upon which I charged a constable with him, and he was carried to the compter. After that, when, he was before the alderman, he order'd his box to be sent for, which was open'd, and the other goods laid in the indictment were found in it. There were some figures upon the papers in which the things were, of my hand writing.

Q. Can you say the goods were your property?

Mawley. I have great reason to believe they were mine.

Q. Do you know whether he ever was porter to any other-grocer ?

Mawley. I never heard that he was. When all the goods which were in different papers were put upon a bench before him, Mr. alderman Dickenson order'd him to take away all the goods that were his; then he took up half a pound of tea, and said that was his.

Q. Did he say the others were your's?

Mawley. He said some of them were not mine. The alderman ask'd him whose they were, and at last he said they were his wife's; I did not know that he was a married man before; but at last he did acknowledge the goods to be mine.

William Haverne . I am servant to the prosecutor; he call'd me backwards into the counting house, where was the prisoner. I saw the paper with tea in it. Master desir'd him to tell him who it was that put him upon robbing him. He said he took the tea to treat a young woman with on the Sunday. There were other things found in his box, and some of the papers had figures on them of my writing.

Prisoner's defence.

I had these things in my custody before I went to live with my master.

Guilty .

[Transportation. See summary.]

238. (M.) Charles Martin was indicted for that he, on the 19th of May , about the hour of two in the night of the same day, the dwelling house of Mary Hutton , widow , did break and enter, and steal one copper scale, value 12 d. four pounds weight of starch, one velvet-hood, half a pound of flower of mustard, one pair of cambrick ruffles, and one pound weight of candles, the goods of the said Mary, in her dwelling house .*

Mary Hutton. I had left my house very safe when I went to bed on the 19th of May at eleven o'clock, in the morning. I was awaked by the watch, and found my window shutters pull'd down and the window broke, and the goods laid in the indictment were taken away (produced in court.) I can swear to the copperseale, the velvet hood and cambrick ruffles; the other things I can't positively swear to.

Thomas Creswell . I was constable of the night, and a watchman told me there was some starch trail'd along in the street. We traced it down a court to a door which I broke open, and found the prisoner upon the stairs in the house, and found some sugar in his breeches pocket. The next morning I went to him, and ask'd him if he knew where any more of the things were? (hearing the prosecutrix had missed more things) He said, if I'd go along with him he would shew me more things. Then he took me to a place where were the scales, the velvet hood, candles, and other things. He said there was another lad with him at the taking the things, but he could not tell me his name. I made enquiry after such a person where he said he used, but could not meet with him.

Prisoner's defence.

I had a boy along with me, and bid him go home. He went home and came against; and told me he knew of a place where he could get a trifle, and said I should have a share; I went along with him, but I did not go into the house.

Guilty of felony only .

[Transportation. See summary.]

239. (M.) Sarah Groute , spinster , was indicted for stealing one 36 shilling piece of gold , the money of Jonathan Theobold , April 18 +

Jonathan Theobold . I live in St. James's-Street On the 18th of April I had been out, and when I returned my wife told me my servant the prisoner at the bar had taken the key of the buroe, and she suspected she had a design to rob us. I went and accused the prisoner with taking somethings, and she drop'd a thirty-six shilling piece under the bed.

Thomas Atkerson . The prisoner confessed in my hearing before justice Manley she stole the piece of money. So the thirty-six shilling piece, was lodg'd in my hands, and I have had it ever since, (producing it. )

Prisoner. I was at my liberty about a fortnight and after that they took me up again.

Q. to Atkerson. When was it that you heard this confession ?

Atkerson. It was on the 27th of April. Justice Manley did not care to meddle with it, and advised me to take her before Mr. Fielding, but when I came out at the door she was gone. I took her up again on the 3d of May, and let her go home that night to her mother, and she came to me the next morning according to her word. I took her before justice Fielding, and she was committed. She was examin'd again on the 7th before her master.

Q. to prosecutor. How long after the 18th of May was it that you took the prisoner up?

Prosecutor. It was about nine days after.

Q. How came it you did not secure her at the time ?

Prosecutor. When I came down stairs she was gone out of the house, and I never saw her till the day I took her up.

Q. When did she first own to you she took that piece of money?

Prosecutor. She own'd she took it that very day. I heard the next Sunday that she was at Chelsea, so I got her secured.

Atkerson. The prosecutor's wife told me, she would not have been taken up at all, had not she said some disrespectful words of her master and mistress at Chelsea.

Prisoner's defence.

My master told me if I would confess he would let me go.

Q. to prosecutor. Did you make her such a promise ?

Prosecutor. I did.

For the Prisoner.

Roger Cole . I keep the Mitre Tavern in Fleet-Street, and have an aged mother lives at Chelsea; this girl at the bar liv'd with her and me from August 1751, and was but just gone from us when this happened. She always behaved very well with me, and I am now ready to take her home to my house again if any mercy is shewed her.

Acquitted .

240. (M.) Ann Burger , otherwise Burgess , widow , was indicted for stealing 20 yards of linen cloth, value 10 s. 40 yards of serge, 40 pair of worsted stockings, 40 tin pots, 10 brushes, 6 pair of shoes, and 2 serge petticoats's , the goods of , April 11 .*

William Nicholson. The prisoner was a patient in the workhouse of the parish of St. George's, Hanover Square , and being a mantua-maker by trade, she was employed in making up gowns and other things for the people in the house, and had been trusted several times both with linen and woollen. We have suspected she has embezzled some of these goods.

Q. When was this parish workhouse built ?

Nicholson. It was built in the year Twenty-five.

Q. Who put the furniture into it?

Nicholson. The churchwardens and overseers.

Q. What are you ?

Nicholson. I am master of the house.

Q. Can you say what goods were taken away?

Nicholson. No, I cannot.

Ann Gill . I was servant to one Mary Bignall for about six years and a half, the woman at the bar used frequently to bring things out of St. George's workhouse to her to sell.

Q. How long did she continue so to do?

A. Gill. For about two years and a half last past.

Q. What sort of things did she use to bring?

A. Gill. Whited brown cloth, and blue serge, not made up.

Q. What quantities at a time ?

A. Gill. Sometimes two breadths, or one breadth at a time.

Q. What do you call a breadth?

A. Gill About the width of an apron.

Q. How long?

A. Gill. About a yard in length.

Q. Did she use to bring any other sorts of goods?

A. Gill. She used to bring brushes, and woollen stockings, and shoes.

Q. How do you know that she brought them from the workhouse ?

A. Gill. Because she lived in it. and my mistress knew where she brought them from, and the prisoner said they were the workhouse goods.

Q. What did your mistress use to do with them?

A. Gill. Mistress used to make bed quilts, and bed and window curtain of the blue cloth, and sheets of the whited brown linen, and used to sell them. She bought petticoats of the prisoner, which she brought by one and two at a time.

Q. How many petticoats has the pris oner brought.

A. Gill. She has brought about half-a-dozen. She has brought mens and boys shirts made up, which mistress has brought. She used to give her a groat a breadth for the cloth, and sold it for 8 d. I have left my mistress ever since the 11th of April.

Agnes Masdon . The woman Bignall mentioned rented a lower apartment of me. I once saw the prisoner being in a dowlas shift marked with two blue letter, and two blue petticoats, and some grogram under her petticoats.

Q. How long is this ago ?

A. Masdon. It is about a year and a quarter ago. She sold them to Mary Bignall .

Cross Examination.

Q. Do you know who the things belonged to ?

A. Masdon. No, I do not.

Samuel Waters . I only prove the confession the prisoner made before the justices. (He takes it in his hand.) This is it. I saw the prisoner and the three justices sign it, Mr. Upton, Mr. Mumbray, and Mr. Timbril, (it was read in court,) wherein she confessed she did from time to time take goods as mentioned from out of the workhouse, and sold them to Mary Bignall .

Mary Painter . I bought some stuff of Mary Bignall which she sold to her.

Prisoner's defence.

I am accused very wrongfully.

For the prisoner.

Edward Quainter. I have known the prisoner 38 or 39 years and never heard any ill or her.

Mary Bucknell . I have known the prisoner 25 years. I have had her often in my house, and would have trusted her with any thing, and would now. She bears a very good character; but sometimes I have thought her not right in her senses. Sometimes her understanding has been very good, and sometimes very bad.

Mary Swainstone . I have known her almost seven years.

Q. What is her general character.

M. Swaninstone. Her character is that of an honest woman. She used to chare at my house at times. have observed her to be a good deal uneasy in her mind sometimes, she having met with great misfortunes.

Ann Archer . I have known her 23 years. She has been at our house a fortnight together. I have trusted her with things of value, both place and money, and never knew her to touch anything.

Sarah Waterman . She lodged with me several years. She has a good character.

Ann Williams . I have known her 17 or 18 years. She worked for me many years, as a mantua maker. She is very honest. She has had opportunities in every room in my house to have robbed me, but I always found her faithful.

Elizabeth Owen . I have known her all her life time. She has a very good character. After her husband died she was extreme poor, and threw herself into the chanel.

Q. Did you see her.

E. Owen. No, but I saw her in her wet cloaths after she was taken out. I believe she might save some odd pieces in cutting out the cloaths.

Q. What! by a yard at a time ?

E. Owen. I can't say.

Court. Could she save tin pots, shoes and shirts made up, in cutting out the cloaths?

E. Owen. She might have an old petticoat given her, or so.

Q. to Nicholson. How long has she been in the workhouse?

Nicholson. She has been there about three years.

Q. Have you observed whether she behaved like a person in her senses, or otherways?

Nicholson. I can't say any thing in particular as to that.

Q. Are not the cloths for cloathing the people locked up.

Nicholson. A great many of them are. They are delivered out at two or three yards at a time.

Q. Could she come at them to steal them?

Nicholson. I think she could not.

Q. How do you think she came by them?

Nicholson. I believe they were delivered to her to make up for herself and others.

Q. Were the stockings delivered to her to make up?

Nicholson. I can't say that.

Q. Was she to make shoes, or brushes, or tin pots?

Nicholson. No. I can't tell how she came by them.

Guilty .

[Branding. See summary.]

241, 242, 243. (M.) Edward Endser , Elizabeth Endser , and Ann, wife of John Hartley , were indicted for stealing 4 brass candlesticks, value 2 s. 11 china cups, 7 china saucers , the goods of Zacheas Willmot , May 11 . ++

Zacheus Willmot. I live at Iron Gate, St. Catherine's. I keep a coffee-house . I lost the goods mentioned in the indictment, and found 4 candlesticks, and some of the cups and saucers on the man at the bar. The other things were found upon the two women. I had been out from 12 and came home at 2, and found the man in the coffee room. The goods were missing, upon which I searched him.

Q. Where were the women?

Wilmot. His wife came into my house, and said, Edward, are you coming? and went away, and we found her on Tower Hill. I had seen the other women at my door, but she did not come in.

William Kilingworth . I am constable of the precinct of St. Catharine's. Mr. Wilmot sent for me, and gave me charge of the man for stealing 4 candlesticks. We were informed his wife and another woman were about the house, and we went out and took them on the Hill. Bringing them back, his wife said, Lord it is about the cups and saucers. We took her into the house, and I took 2 cups and 2 saucers out of her apron; the rest the other woman had.

John Grace . I saw Mr. Wilmot take the candlesticks out of the man's bosom and breeches. I said, there's his wife; so Mr. Wilmot went and brought the women back, and I saw the cups and saucers taken from them.

Edward Endser 's defence. I hope the court will have mercy on me.

Ann Harley's defence. I am an innocent as the child unborn.

Edward Endser Guilty .

Elizabeth Endser and Ann Hartley Acquitted .

244. (M.) Mary, wife of Jos. Durrant , was indicted for stealing one silver spoon, value 10 s. the property of Richard Barnard , May 26 . ++

Richard Barnard . I live in John's Street, Golden Square , and am a peruke maker . The prisoner came into my house, went up stairs, and came down again. I was at work in my shop, she saw me both going and coming. She opened my room door. I got off from my work, and asked her what business she had to open the door. She said she wanted one Durant, a harpsichord maker. I said you have been up stairs, I suppose with no good design. A woman that was washing for a lodger, came down and said to the prisoner, I know you to be a thief and a whore; I saw you whip'd up St. Martin's Lane. Said I, I must search you; but did not, and let her go. My wife was in bed where the spoon was taken from; she got up and missed the spoon, then I suspected the prisoner had taken it. Then I went about to some pawnbrokers to enquire for it; and after that it was brought to Mr. Fell, who stopt it, and sent me word, and I went and found it there.

Mr. Fell. I am a pawnbroker. On the 26th of May my boy told me, if a spoon was brought mark'd M. B. to stop it, and sent for Mr. Barnard the prosecutor. This was brought to me by one William Haines . (Producing a silver spoon.) I said whose spoon is this ? He said it was his own, and he had bought it. Then I said, are not you a bad man to bring a spoon that is just stole ? He then said that he had it of a shoemaker named Glover, and he had it of one Durant. I secured him. After that Glover's wife came and told me Durant was taken, that is, the prisoner. I went to Mr. Fielding's where Glover and Durant were; they were sent to the Round-House, Mr. Welch not being there. When Mr. Welch came Durant was committed, and Glover was set at liberty, but since he ran away. There is one Elizabeth Neal bound over; she is the washerwoman. She said there she saw the prisoner in the prosecutor's house, but she will not come to give evidence.

William Haines . I had this spoon from one Thomas Glover .

Q. Where is he?

Haines. I don't know.

Q. Do you know the prisoner at the bar?

Haines. Yes, I have seen her.

Q. Did you ever see this spoon in her custody?

Haines. No, I did not.

Glover and Elizabeth Neal were called but did not appear, and their recognizances were ordered to be estreated.

The prisoner was acquitted .

245. (M.) Thomas Benson was indicted for stealing 10 s. in money numbered , the money of John Bates , May 16 .*

John Bates. The prisoner was at work with me at Buckingham-Gardens at a building on the 16th of May last. I lost 10 s. in money from out of a box in my room. I had a suspicion of the prisoner and took him up.

Q. Had you your money again?

Bates. No, I had not.

Q. When did you take him up?

Bates. I lost my money on the Sunday, and on Monday morning I took him up. I have witness here that heard him confess, but I did not.

Dorothy Bates . When my husband was gone out of the room, the prisoner confessed he took the 10 s. out of a box in my room, and that he had paid 5 s. for lodging and washing, and the other 5 s. he gave to his mother.

John Kent . The prosecutor desired me to assist in taking the prisoner to justice Carkafs's which I did. There the prisoner confessed he took the money. The justice asked what he had done with it, he said he had paid 5 s. for washing and lodging, and the other 5 s. he gave his mother.

Prisoner's defence. I am not guilty of what is laid to my charge.

Guilty .

[Transportation. See summary.]

246. (M.) Mary Strutton . widow , was indicted for stealing one stuff gown, value 6 s. the property of Ann Tootel , May 11 .*

Ann Tootel. The prisoner lay in the same room with me but in another bed. I lost a gown about three weeks ago, and I found it at Mr. Warner's house by the directions of the prisoner at the bar. She owned she had taken it, and pawn'd it there.

Q. Did you give her the gown to pawn ?

A. Tootel. No, I was fast asleep when she took it.

Nathaniel Warner . I am a pawnbroker, the prisoner brought this gown (producing one, and deposed in by the prosecutrix ) and pawn'd it for four shillings. In two hours after she came with the prosecutrix and demanded it, and the prosecutrix own'd it. This was on the 11th of May.

Prisoner's defence.

The prosecutrix sent me with it to pawn.

John Edwards . Some time in April I went into the Blue Anchor in Chick-Lane, where I drank with the prisoner. Afterwards she said, come, we'll go home to bed together. When I awaked in the morning I saw two beds, there was another woman geting up. I sent her for a quartern of gin. She said she was out of place, and I said I knew of a publichouse that wanted a servant, and if she could get people to her character, I'd help her to it. Then she strip'd herself, and came into bed to me, she would not lie behind the other woman's back, but she would lie by the side of me. She said to the prisoner, because your husband has been so good, I'll send for something to drink, I'll pawn my gown. I said, then how will you go to service. She said don't trouble yourself about women's business. Afterwards, when the prisoner was gone, she awaked me, and bussed me several times, and when she found I would not be concern'd with her, she got up and said, my wife had pawn'd her gown.

A. Tootel. I never saw this man in my life before.

Acquitted .

247. (M.) Matth.ew Huggins was indicted for stealing one bracelet, made of silver, set with 70 diamonds in the same, value 30 l. the property of Mary Hust , Spinster , April 18 . ++

Mary Hust . I live in Dean Street, Soho. The prisoner was my servant . I bought a diamond bracelet of Mrs. Gifford. I lost it, and all I know is, that the prisoner offered some diamonds to sell to Mr. Priest.

Q. How do you know that?

M. Hust. I was before the justice, when he was charged by Mr. Priest as having offered these diamonds to sell.

Q. Before what justice?

M. Hust. Before justice Fielding.

Q. How did he say he came by them?

M. Hust. He said he found them.

Q. Who were they produced by?

M. Hust. By Mr. Priest.

Q. Were these diamonds produced by him part of your diamonds?

M. Hust. I believe they were.

Q. Was Mrs. Gifford there at the time?

M. Hust. She was, and she thought so too.

Q. Where were these diamonds taken from?

M. Hust. From a drawer in my chamber; but he was not my servant at that time.

Cross examination.

Q. How long had he left your service before you missed the bracelet?

M. Hust. About a fortnight before.

Q. Had not you other servants in the house that had frequent opportunities of taking this thing?

M. Hust. There was a charewoman that I took up, and had before the justice.

Q. Was she not committed upon this account?

M. Hust. She was, to New Prison.

Q. How long did she continue there?

M. Hust. She continued there about a week.

Q. How came you to suspect the prisoner at the bar?

M. Hust. Because I heard he had offered some diamonds to sell.

Q. Have you any particular reasons to apprehend they were your diamonds, because one may be like another?

M. Hust. They were very like what I lost.

Q. How long had you had them?

M. Hust. About six months.

Mary Gifford . I sold a diamond bracelet to Mrs. Hust.

Q. Where do you live?

M. Gifford. I live with Mrs. Hust.

Q. Was you along with Mrs. Hust when Mr. Priest produced some diamonds before the justice?

M. Gifford. I was. There were four large ones in particular, and those four to the best of my knowledge I sold to Mrs. Hust, they seem to be the very same size.

Cross examination.

Q. Do you believe they are the same you sold for no other reason but that they were of the same size?

M. Gifford. No, for no other reason.

Charles Fluroe . I am a jeweller. I remember selling a diamond bracelet to Mrs. Gifford.

Q. When did you sell it her?

Fluroe. About seven years ago.

Q. Did you ever see them in Mrs. Hust's possession?

Fluroe. No, I never did.

Q. Was you before the justice when the diamonds were produced?

Fluroe. I was. They resembled them, but there is no swearing positively to it; it was my opinion they were the same.

Cross examination.

Q. Have you ever seen the bracelet since you sold it?

Fluroe. I don't know that I have.

John Priest . The prisoner brought four diamonds to me much about Easter last, and ask'd me if I knew the value of them; I told him I did not know whether they were diamonds or not.

Q. Are you a jeweller?

Priest. No, I am not.

Q. Did you enquire how he came by them?

Priest. No, I did not. I said I had a brother that possibly might know what they were worth. He lef t them with me all night, and I gave them to my brother to enquire what they were.

George Priest . I live with a jeweller. I had four large diamonds of my brother, and the prisoner brought me fourteen more. I ask'd him how he came by them; he said he had them of a gentlewoman that served the dutchess of Somerset. He wanted to know what they were worth. I took him to a jeweller in Greek-Street (my master not being at home) but that jeweller did not know the value of them.

Q. Was you before the justice?

G. Priest. I was, and saw the prisoner there.

Q. What did he say there, as to his coming by them?

G. Priest. He said he found them in a paper.

Q. Did he say where he found them?

G. Priest. In Dean Street, to the best of my knowledge, in a paper tied up with a packthread.

Q. How long was it between the time he told you he found them, and the time he was before justice Fielding.

G. Priest. About 5 or 6 days.

Q. Did you say any thing to him about what he said concerning whom he had them of?

G. Priest. No, I did not.

Q. Was Mrs. Hust there before the justice?

G. Priest. She was. There she said, to the best of her knowledge, upon the diamonds being produced, that they were hers.

Q. Was Mrs. Gifford there?

G. Priest. She was, and said the four capital stones were the same, she believed, that she sold to Mrs. Hust.

Q. to Prosecutrix. How many diamonds did you lose ?

Prosecutrix. I can't be certain.

Q. Did you lose eighteen?

Prosecutrix. Yes, and many more.

Priest. The prisoner told me he would bring me some more diamonds when he brought the four others; he said the gentlewoman whom he had them of, wanted two guineas on them; I said I would let him have one, which I did. The next day he brought fourteen more. The diamonds produced in court.

Q. to Mrs. Hust. Look upon these diamonds. Do you know them?

Mrs. Hust. I believe they are mine.

Q. to Mrs. Gifford. Do you know them, or any of them?

Mrs. Gifford. I believe the four large ones are the same which were in the bracelet. I told Mrs. Hust.

Q. to Mrs. Hust. Are these the same that were shewed before justice Fielding ?

Mrs. Hust. They are the same.

Prisoner's defence. I left Mrs. Hust's service about a fortnight before my wife did. I married her out of her house. She left the house the Friday before Easter, and I and my wife have never been in her house since.

For the prisoner.

Charles Vilinel , Esq; The prisoner lived servant with me about six months; he left my service about a year ago; he behaved exceeding well. He had an opportunity of robbing me, would; when my house was partly burnt down bury Street. He had a great opportunity of robbing me. He brought me back silver spoons, part of an ear-ring, and plate, which I could not have charged him with.

Mr. Cissel. I have known him four years, or something better; he lived servant with me about nine months.

Q. What are you?

Cissel. I am an apothecary.

Q. When did he live with you?

Cissel. He left my service about a year ago; but I have seen him going backwards and forward. When I parted with him it was from this motive, that he might get more money. He was trusted in my house with things of great value.

John Creedland . I have known him about seven years up to this time; his general character was that of a good servant in several places he lived in.

Guilty .

[Transportation. See summary.]

248. (M.) Henry Crabtree was indicted for stealing one linen sheet, value 4 d. and one blanket, value 5 d. the goods of William Eliot , in a certain lodging room left by contract , October 28 . ++

William Eliot . I live in Buckle Street, White-chapel. I left the prisoner a lodging; he paid me well two years; his family was large, and in the winter time he pawn'd a blanket and sheet; I told him if he'd put them in their place again he might go about his business, but he did not, so I took him up. He told me where he had pawned them, and I went and fetched them accordingly.

A Pawnbroker. I len't the prisoner 2 s. upon the blanket, and have since delivered it to the prosecutor.

A. Pawnbroker. The prisoner pledged a sheet to my wife for 15 d. I have since deliver'd it to the prosecutor.

Prisoner's defence. My wife died and left me five children, my poverty was great, and it was a very hard winter. I went to borrow a shailing of the prosecutor's wife, and she gave me liberty to pawn these things.

Guilty .

[Whipping. See summary.]

249. (L.) David Levi was indicted for stealing one linen apron, value 1 s. 6 d. and one linen handkerchief, value 6 d. the goods of Ann Tinham , May 18 . ++

Thomas Hodges . I am Steward of Bedlam Hospital . The produced at the bar came there, as others do, to see the people, on the 18th of May last; he went through the wards about twelve or one o'clock. There was a young woman came down and said she saw him take the things mentioned in the indictment, which were the property of Ann Tinham , a lunatick patient. He was taken and secured (the apron and handkerchief produced in court, the apron mark'd A. F.) These things were taken upon the prisoner.

Cross examination.

Q. Have you not other patients in the hospital whose initial letters are A. T.?

Hodges. I know not but we have: But Ann Tinham came running to me, and said I am rob'd, what linen can I have to wear, I have lost my apron and handkerchief.

Q. Was there any mark upon the handkerchief?

Hodges. No, there was not. The prisoner confessed to me in the coach going along that he did take the things.

Richard Wright . I am porter to the hospital. On the 18th of May last one of the patients came to me, and desired I would stop the prisoner at the bar, saying he had stole something. I went and stop'd him before he got out, took the apron out of his pocket, and saw the handkerchief taken out by another person.

Cross examination.

Q. Do you know who took it out?

Wright. I believe it was one of the patients took it out, it was done in a hurry.

Q. Have you one Hannah Holford a patient in your hospital?

Wright. We have.

Q. What religion is she of?

Wright. She is a Jew.

Q. Don't you know the prisoner is the same?

Wright. I believe he is.

Q. Do you know that upon coming in he enquired for her?

Wright. He did not of me.

Q. Might not these things belong to Hannah Holford

Wright. No, they do not.

John Winder . I came up to the gate of the hospital just at the time there came a patient, named Freeman, following the prisoner, she said, from out of Ann Tinham's, room, and said he had got the things in his pocket then; we stopped him, and the things were found in his pocket.

Q. What account did the prisoner give of his coming by them?

Winder. He said Hannah Holford had given the things to him to sell for her: But that could not be, for she was then in her room chain'd and naked, and the room door locked.

Q. How do you know that?

Winder. I went to see immediately.

Guilty .

[Transportation. See summary.]

250, 251. (L.) Mary Brangham and Elizabeth Buckhurst , spinsters , were indicted for stealing one silver watch, value 52 s. the property of Edward West , privately from his person , May 10 . ++

Edward West . I live in Leather Lane .

Q. What is your business?

West. I am an organ builder. Last Monday was three weeks I met the two prisoners in George Alley. They ask'd me to go with them, which I did. I took my watch out of my pocket, and laid it upon a table, and Buckhurst took it up, and ran down stairs with it.

Q. Did you see her take it?

West. I did.

Q. What was Brangham doing at the time?

West. She did nothing at all. I ran down after Buckhurst, but she got away, and when I returned Brangham was gone also.

Q. Where did you find them afterwards?

West. The constable took them up.

Q. Did not you give intelligence of them?

West. No, I did not.

Q. When were they taken?

West. The same night, but I did not know of it till a good while after. I advertised the watch the next day.

Q. Did you ever see your watch again?

West. Yes, I did, at Guildhall. Produced in court and deposed to. The constable advertised it three or four times after I had.

Q. What did the prisoner say for themselves?

West. They said I left it with them for half a crown, and was to have searched it again the next day.

Q. Did you make such a bargain as that?

West. No, I never did, I had some money in my pocket at the time.

Buckhurst. I was not night the watch. They were both on the bed together, and I did not stir from them.

Brangham. He continued on the bed with me a good while after he miss'd his watch. We had another quartern of brandy brought up after that was gone.

West. I was not on the bed half a minute after I saw Brangham go away with the watch, but it was ten o'clock at night, and dark, and I could not see her.

Nathaniel Normington . I am beadle of St. Andrew's, Holbourn. It was my night to attend at the watch-house. I was gone to an alehouse, and told the watchman if any thing should happen, to come to me. Soon after one came to me, and told me there was a charge brought to the watch-house. I went there and found the two prisoners. They were searched. Buckhurst was ready to undo her bosom to let us see she had no watch; but Carter, a watchman, said he felt it there. I searched Brangham, and found the watch on her left hip; I put my hand down her bosom, and took it out, and delivered it to the constable. This is it that is here produced.

John Carter . The two prisoners were brought to the watch-house by two strange men, who said they had taken a watch from a gentleman, and desired to lodge them there till they could find the man; but they never returned again. I felt about Buckhurst, and felt the watch there, and after that she gave, it to Brangham.

Brangham's defence. I did not know what she was going to give me in the watch-house. I was on the bed with the gentleman. When he got up, he said where is my watch? I said, I don't know, you know I have not been out of your company. He went down and treated a woman with two pints of beer, who told me so since when I was in the Compter. After that I was going to bed, and met two young men, one of them put his hand into Buckhurst's bosom and felt a watch, and said to the other, she has got a watch. They took us to the watch-house. Whose watch it was I can't tell.

Buckhurst's defence. This young man came with Brangham, and call'd for a quartern of brandy; I brought a quartern of rasberry; that cost 3 d. They both went up stairs together. A young woman went up and came down again, and said he has left his watch for half a crown, and says he'll fetch it to-morrow. She gave it to me.

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

[Transportation. See summary.]

252. (L.) Susannah Stevenson , spinster , was indicted for stealing one silver watch, value 40 s. the property of James Wheeler , privately from his person , May 25 ++

James Wheeler . I am a carpenter and joiner . As a young man and I were coming down an alley together, the prisoner stopt me, and said you shall eat some shrimps; then she goes to the other young man, and swore by her maker he should eat some, and he took a few. Then she ask'd me to give her a dram. I agreed to it; and as we were going into a publick house, she said she had fell out with the people of the house, and did not care to go there, and said she lodged at the next door, and if we would go there she had rather. We went in, there were a great many people in the lower room, so she desired us to go up stairs; which we did. There she took me round my middle, and went to salute me, or so She put her hand into my pocket and took out my watch, and put it into her bosom.

Q. Was the other young man in the room then?

Wheeler. No, he was not, he was gone down stairs; I call'd him up, and told him she had taken my watch.

Q. Did you perceive her to take the watch?

Wheeler. I saw her put it into her bosom, so did the young man.

Q. If he was out of the room how could he see her put it into her bosom?

Wheeler. He went out after she had put it in her bosom, and staid about 8 or 9 minutes. When she took me about the middle she pushed me on the bed, but I was not on the bed when she put the watch in her bosom.

Q. Are you a master or journeyman?

Wheeler. I am a journeyman. I charged the constable with her and took her before the alderman, and there charged her with taking my watch.

Q. What did she say for herself?

Wheeler. She made an excuse, and said I had dropt it on the bed.

Q. How do you know but that might be the case?

Wheeler. I had it, and in a moment I felt again, and it was gone.

Q. Did you ever find it again?

Wheeler. A woman brought it to the constable's house. She said before that she would, provided I would not hurt the prisoner.

Q. Do you know the reason of the young man's going out of the room?

Wheeler. I can't tell why he did.

Thomas Graves . We were coming down George Alley together, we had had a pot or two of beer, this woman asked the prosecutor to have some shrimps, and she ask'd me to take a few, then she ask'd for a dram; he said he would give it her at an alehouse, but she refused to go in there, and said if he would go to her apartment she would send for a dram. We went with her. She laid hold of his waist and kissed him. She set him on the bedside, and they both fell backwards together; in the value of a minute's time I saw this good woman have the watch in her hand, and look at it, and put it into her bosom.

Q. Did you see it afterwards?

Graves. I did, in the constable's house, not before.

Q. Was the prosecutor drunk or sober?

Graves. He was between both, not quite either.

John Shepherd . I am the constable. These two men brought the prisoner to my house, where she acknowledged she had the watch, and a strange woman deliver'd it, upon condition the prosecutor would not prosecute the prisoner.

Q. Did he say he would not prosecute her if he had his watch again?

Shepherd. He did. But when it was deliver'd to me he charged me with her, the watch produced in court, and deposed to by the prosecutor. The prosecutor described the marks of the watch to me before he saw it. The prisoner said she pick'd it up upon the bed.

Q. to Prosecutor. How came you to let her go away with the watch?

Prosecutor. I did not let her go away.

Q. How came this strange woman by the watch ?

Prosecutor. As far as I know the prisoner gave it to another woman that came up stairs. I searched the prisoner, but could not find it upon her.

Prisoner's defence. This young man was up in the room with me, and I found the watch upon the bed. I gave it to a young woman, who went down stairs with it, and she sent it by another woman to me again.

Q. to Prosecutor. Was there another woman in the room when you was there ?

Prosecutor. No, not as I know of. I saw none till the prisoner knock'd with her heel and another woman came up.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

253, 254, 255. (M.) Samuel Lewis , William Perry and Samuel Smith , were indicted for that they on Thomas Ridge , on the king's highway, did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one hat, value 3 shillings, and 2 shillings in money number'd , May 16 .

Thomas Ridge. On the 16th of May, as I was going to Fulham with my wife in a chaise, I came round by a place called Walham-Green , and call'd at the Red-Lion. I set out from thence at about a quarter before ten at night, and walk'd the chaise gently along. There is a little bit of a rising ground, where a bye lane goes up to some fields. I put my horse into a little trot, at which time there came the three prisoners seemingly from behind the chaise, running along on the left hand the chaise. Samuel Lewis crossed the road, and took hold of my horse's bridle. He was then as now in his regimental cloaths. Said he, where are you going so fast? I said, I am not in a hurry at all; gentlemen, what do you want? They swore they wanted money. I said, gentlemen, I have got none. They swore I had. I said again, I had not. This we repeated three or four times. Said Lewis, have not you got three or four shillings in your pocket? I said to my wife, if you have any give it to them, for I went out with only a trifle in my pocket. She said, she had none. Then I said, gentlemen, I have two shillings (which is all I have about me) and if you will let the horse go, you are welcome to that. Then Lewis, who was on my left hand, said, give it to that man (meaning Perry) which I did. Lewis came round to the other side, and search'd my breeches all round, and pull'd a hanger almost out of his bosom. He felt a little wrinkle in my breeches, and swore there was something. I said, I had no more. My hat fell off my head, and I was going to put it on again, but he took it, and they all three ran away together. Then I came on through the turnpike, and so to the Cross-Keys, where I saw two or three of my men. I said to them, you must go along with me, I have been robb'd between Chelsea and Walham-Green, by two soldiers belonging to the guards, and another man in colour'd cloaths. We went to seek after them, and call'd in at some publick houses, and at last found them not above two or three hundred yards from the place where they rob'd me. When I came near them, I said these are the men. They had got some women with them, one of whom went off, and three of them came with them.

Q. How long was this after you was rob'd?

Ridge. We took them within an hour after.

Q. What are you?

Ridge. I keep a farrier's shop, and coaches for the road at Chelsea.

Cross examination.

Q. What house did you find them at?

Ridge. We found them at no house at all, we found them betwixt Mr. Osgood's brew-house and the creek.

Q. Did you see them at the Hare and Hounds ?

Ridge. No, never in my life.

Q. Might not there be other soldiers upon the road as well as the prisoners?

Ridge. There might, but I took particular notice of them.

Q. What time was you rob'd?

Ridge. A little before ten o'clock.

Mary Ridge . I am wife to the prosecutor, and was with him in the chaise; there came two soldiers and a man in colour'd cloaths; one soldier laid hold of the horse's bridle, and another went up to the chaise. My husband said, what do you want? they said, money. He said, he had none; but told me if I had any to give it them I said I had none. Then he gave them two shillings I believe. I was extreamly frighted, I don't know the men at all. They took away my husband's hat.

Henry Warrin . I am servant to the prosecutor. Master came to a publick house joining to our yard, to me and two or three of my fellow servants, and said he had been rob'd. Of what, and where, said I? he said by Little-Chelsea. I went and got a cutlass, and the other men came out with mops and staves; and we went to look after the thieves along the King's-Road, and call'd in at two alehouses, but found nobody. At last we saw the three prisoners and some women. We went by them, and master said, they are the men that rob'd me.

Q. Where was this?

Warrin. The prisoners were standing against Mr. Osgood's wall. He was not for taking them, fearing they had fire arms. We went into a house, the sign of the Plough, and ask'd if there were any body there. There was a carpenter that lives at Walham-Green, who went with us, and the landlord lent us a pistol. We loaded it, and also a blunderbuss that one of our men had. Then we went and took the prisoners, who made no resistance. There were three women with them, I believe there was one more, who made off. When we had put the prisoners into the cage, we met a soldier's wife, who said she was going to them. I went and felt about her, but found nothing. She said she would swear against me. As I had Perry by the collar, master said, when you had robbed me you ran away; one of the others said; no, we did not run at all.

Q. Were they searched ?

Warrin. No otherwise than about the out side of their cloaths for fire arms. We did not search in their pockets.

Cross examination.

Q. How far is the place where you went from to the Hare and Hounds ?

Warrin. We were not so far as that?

Q. Do you know the man that keeps that house?

Warrin. I do.

Q. Is he an honest man?

Warrin. He is reputed as such. I can't say I know much of him.

David Davis . I keep the Cross Keys. On the 16th of May, at ten at night, Mr. Ridge came into my house and said he had been rob'd, and call'd his man Harry, and said we'll go in pursuit of them; we went all up the King's Road and enquired, and turn'd down to Little-Chelsea; at last we found and secured the three prisoners at the bar.

Cross examination.

Q. Did you search them?

Davis. No farther then round their cloaths.

Q. to prosecutor. Did you ever meet with your hat again?

Prosecutor. No, I never did. We had a suspicion that the woman who went off, carried the hat and hanger away.

Q. Did you find any hanger upon them?

Prosecutor. No, we did not.

Lewis's defence.

Perry enlisted for a soldier on the 14th of May last; he came to me, and desired I'd give him my company to Walham Green, to see some of his country women that came up year after year to work in the gardens. We went together, with the other prisoner, and got there about three o'clock, and sat and rested ourselves; then we went and took a walk. He went a little before us, and found the girls. We went into Fulham fields. and return'd again to the house, where we rested ourselves (the Hare and Hounds) about six o'clock, and staid till nine. Then the landlady came to the door, and said my husband is not very well, and beg'd that we would not stay late. We said we would not. We drank three or four full pots of beer, and after that the maid desired us to go. There was but a small quantity of beer in the pot, and I drank it. This was about half an hour after ten. Then we and the three girls went away. They never were out of our company from six o'clock to the time we were taken up. There came five men by us with mops and pitch-forks in their hands. I began to laugh at Perry, because he had got plam cloaths on, thinking they were a press-gang. One of them said to me, my friend; will you go and be a penny? I said I am just come from a publick house. Then he said, good night to you. I said the same to him. He had not been gone above five or six minutes, before there came ten or a dozen men with pistols and blunderbusses, and said there had been a robbery committed, and we must be the men that did it. We made no resistance, but went along with them.

Perry's defence.

I enlisted the 14th of May last, and came to the other two prisoners on the 16th, and desired their company to Walham Green, having heard my country women were coming up for their summer's work. We went in at the Hare and Hounds, to rest ourselves, till about four o'clock. Then I went and fetch'd my country women, and we went into the fields, returned about six, and staid till nine. Then the woman of the house came and told us her husband was very ill and desired we would not stay late. We said we would not. She lock'd up the door at nine, but we staid till half an hour after ten. Then she call'd to the servant girl, and order'd her to turn us out. We had but a little beer in the pot, we drank it, and went out, and the three girls with us; they went with us about a mile. We were standing to take our leave of them, when five men came up, four passed us, and the other staid and desired us to be a penny with him at the next house. My comrade said he had beer enough. He had not been gone above five or six minutes before there came ten or a dozen men, and said that a man had been rob'd that night, and took us; they search'd us, but found nothing upon us; the girls were never out of our company all the time.

Smith's defence.

Perry enlisted himself for a soldier on the 14th of May. After that, he ask'd us to take a walk with him to Walham-Green, for he wanted to know how his friends did. We got there about three o'clock, and about four we went all out together. Perry hearing where his country women were, he went and fetch'd them. Then we took a walk into the fields for about an hour or better. We came back about six, and had two or three pots of beer. It might be nine o'clock, when Mrs. Carne came and said, her husband was ill, and desir'd we would go. We said we would when we had had another pot. She lock'd the door, and about half an hour after ten we went away. The girls went with us about half a mile. While we were standing under a wall five men came by, four of whom stared very hard at us. The last, who had a pitch-fork in his hand pressed upon us very hard to go and be a penny with him We told him we had not used to stay out so late, but that was a night by chance, as we had met with some of our country-women. He bid us a good night, and in about five or six minutes afterwards there came ten or a dozen men, who took and search'd every one of us.

For the prisoners.

Stephen Carne . I keep the Hare and Hounds near Walham-Green. I remember the day the prisoners were taken. They came to my house between three and four o'clock, and ask'd after some young women that came up every summer to work in the gardens, who not being at my house, they went out to look for them about four o'clock, and came back between six and seven with three young women. I went to bed at nine, so can't ascertain the time they went away.

Q. Where is your house?

Carne. It is opposite the Swan, just as you enter Walham-Green.

Q. Is your's a good clock?

Carne. It is and went right then, and has done ever since.

Q. Had any of these men any arms did you see?

Carne. No, I saw none.

Q. Were their coats buttoned or unbuttoned ?

Carne. I saw their coats unbuttoned.

Q. How did they behave them selves at your house?

Carne. Very discreetly.

Frances Carne . I am wife to the last evidence. I remember the three prisoners at the bar being at my house the day they were taken up.

Q. What time did they come there ?

F. Carne. They came between three and four o'clock in the afternoon. They staid about half an hour, and went out and return'd about six or seven, with three young women. They staid in my house till about half an hour after ten.

Q. How came you to be so certain as to time?

F. Carne. I look'd at the clock when I went to carry up my husband's wine, and I ordered the maid to unlock the door; she did, and let them out at that time, and the three young women with them.

Q. From the time they came in betwixt six and seven, to half an hour after ten, did they go out of your house ?

F. Carne. No, they did not.

Q. Did you see any sword or daggers they had ?

F. Carne. No, I did not, and if there had been any I should have seen them, for their coats were unbuttoned.

Q. Did you see a hat brought in besides what they wore?

F. Carne. No, I did not.

Q. Is your's an eight day clock?

F. Carne. It is, and a very good one, and goes very right.

Sarah Stevenson . I came from Worcestershire, the prisoners are my countrymen. Perry took me, Sarah Southel , and Mary Price , to the other two at the Hare and Hounds; we staid a while, went out, and came in again between six and seven o'clock; we were never out of their company that night till half an hour after ten, when the gentlemen took us up on suspicion of this robbery.

Q. Was you there twice that day with them?

S. Stevenson. I was. I went in first between three and four.

Sarah Southel and Mary Price deposed just the same.

Thomas Clark , Amos Sidway, and John Sidway , deposed the three prisoners were by trade all blacksmiths, industrious hard working men, of good character.

Serjeant Stevens and Serjeant Parton deposed' they behaved well as soldiers, and were industrious men.

All three Acquitted .

256, 257, 258. (M.) Stephen Macdaniel , John Berry , and Mary Jones , widow were indicted for the wilful murder of Joshua Kidden , in maliciously causing him to be unjustly apprehended, falsely accused, tried, convicted, and executed, well knowing him to be innocent of the fact laid: to his charge, with an intent to share, to themselves the reward, &c. Feb. 4. 1754 . *

The witnesses on and side were ordered out of court, and called by one at a time.

John Palmer . I live at Newington Green. I know Berry, and Thomas Blee the evidence; I can't say I know, Macdaniel. I think I have seen the woman at the bar once before.

Q. When was that?

Palmer. On the 6th of January 1754, I went to buy an uncle II Woolar, and on the 7th I came home. In Kingstand road about seven at night I heard a little noise; I had a brother of mine with me, to whom I said, stand still and listen. We did, and I heard a man say, don't haul me, don't pull me. I found it was over the way at Mr. Adams's at the Swan. I said to my brother I'll go over and see what is the matter. We went, and I call'd for half a quartern of brandy; I saw two men in the house, and I ask'd what was the matter. They said they had taken up a man for a robbery committed at Tottenham. Seeing the man, I ask'd him what his name was, he said Joshua Kidden ; then I ask'd him if he had any friends to speak for him, he said he had a fat her lived at Islington; I ask'd him what business his father was, he said a watchmaker; I ask'd him if he knew any body else at Islington, he mentioned three or four people whom I knew very well; I ask'd him if his mother was dead, he said she was; I ask'd him if he knew this and the other person; what he told me I knew to be truth. After that one of the two men, which I can't say, said gentlewoman will be here presently.

Q. Did he call her by any name ?

Palmer. No, he did not. He said she would tell whether he was the man that robbed her or not. When she came, which was at about four or five minutes, she look'd him full in her face (to the best of my knowledge the woman at the bar is the same person ) and said to him, you are the man that put he knife to my throat, and said, d - n our blood you bitch, if you don't deliver your money I'll cut your throat. Then the poor unhappy men put up his hands and said I never wrong'd man, woman, or child, it never was in my thoughts in my life, and cried sadly. Then the two men d in a very great hurry to get him before the justice. My brother pull'd me to come out o f the house, are when; I came to the door, he said I don't men, I don't like the looks of them. Berry to be a lame man, he seem'd to limp.

Q. Did you ever see the man they accused after that time?

Palmer. No, I never did.

Q. from Berry. Whether she charged him with taking the money from her ?

Palmer. That I can't say. She said he put a knife to her throat to rob her.

Q. What is your brother's name ?

Palmer. His name is Henry.

Q. from Berry. Did we search him?

Palmer. I did not see him searched

Council for the Prisoners Were Berry and the other man both in the house with the man before the woman came in ?

Palmer. They were.

Q. How did she come then?

Palmer. She came in a chaise besiesit, there was a chaise at the door when I went out

Henry Palmer . I was with my brother on the 7th of January. In the evening, coming from Woolwich, just before we came to the Swan, we heard a little noise upon the road, and presently. I heard a man say, Don't pull me, don't haul me, I will go along with you. Just as we came to the Swan door they had got him in; my brother was for going in, but I was not. There were two men in the house with the poor man, who said he had rob'd a woman in a chaise near Tottenham. The poor creature said he never rob'd any body in his life. My brother asked him if he had any friends, and he said he had a father at Islington. My brother said, I know Mr. Kidden, if he is your father. He then asked him if his mother was dead, and he said she was. He also asked him if he knew the man at the Thatch'd house; he said he did, and named his name. The two men said, a gentlewoman will be here, who will tell you whether you are the man that rob'd her or not. Presently the woman came in. and said, that is the man that clap'd the knife to my breast and said, '' D - n your blood, you '' bitch, if you don't deliver your money I'll cut '' your throat.'' The poor creature he'd up his hands and said; Fie, Madam, I never wrong'd man, woman or child in my life. I pull'd my brother by the coat, and said, you shall not stay here any longer, I don't like the looks of the men. So we paid for our brandy, and away we came. It was dark, and I did not take such particular notice as to be sure that the woman at the bar is the same woman, but I believe it to be her. I believe the two men at the bar are the same I saw there; one of them was lame, yet limp'd about the house very briskly.

Q. Which do you take that lame man to be?

Palmer. I take that to be Berry. Both the men were better dress'd than they are now, I think they had both horsemens coats on.

Q. Did you hear either of their names mention'd in that house?

Palmer. No, I did not. The poor creature they accused let the tears run down his face, and said that such a thing was never in his thoughts.

Mary Adams . My husband keeps the Swan in Kingstand road. I can't say I know any of the prisoners at the bar.

Q. Do you remember two men coming with a man to your house on the seventh of January, 1754 ?

M. Adams. I do, there was a woman with them; they charged a man with a robbery.

Q. What was the man's name?

M. Adams. His name was Joshua Kidden .

Q. Who charged him with a robbery?

M. Adams. Mrs. Jones did.

Q. Did they call her Mrs. Jones then?

M. Adams. Yes, they did. She said, as I understood, that the man held a knife to her thro' and said if she stir'd he would cut her throat. I asked him how he could go to do such a thing; I he never did, and cried.

Q. Did they charge him with doing it denied it?

M. Adams. Yes, they did.

Q. Who took her from your house chaise ?

M. Adams. The two men and she went before the justice with the poor man.

Q. Who was at your house at the time?

M. Adams. John Palmer was, and his brother too.

Q. Can you or can you not say this woman at the bar was the person?

M. Adams. I do think she was. I asked her how she came to be no more frighten'd, and said, if it had been my case I should have been frighted out of my wits.

Q. Did she seem to be frighted?

M. Adams. She did not seem at our house to be frighted at all.

James Warriner . I am clerk to justice Withers.

Q. What happen'd on the 7th of January, 1754, about a person brought before your master?

Warriner. On Monday the 7th of January, 1754, the two men at the bar, whom I have known a great many years, came with a woman in the name of Mary Jones , but I can't say I know the woman; it was about 7 o'clock, when they brought Joshua Kidden, and told the justice he had rob'd the woman on the highway. I said to Macdaniel, It is a very surprising thing a robbery should be committed at that time and place. He said, he was not at the robbery. I asked him how he came to take this man. He said, I was doing business for a very good client of mine at Newington at the time (he was then a marshal's court officer ) the poor unhappy man cried, and told this story; That he was hired to go and take some goods away at Tottenham, by one Blee, who belong'd to a gentleman under misfortunes, and was to have a crown or three half crowns for his trouble; that Blee had taken him to Tottenham, and amused him all day, and that he told him it would not be done till the evening, and when the evening came he said, Now I'll step over, and see if the gentleman is ready to have his goods convey'd away; he came back, and said somebody was watching him, and the goods were not to be removed till the next evening; that they drank a mug of beer at Tottenham, then came away towards London, and overtook Mary Jones ; that he bid him walk on, which he did, but he presently came after him and said, I have got a guinea and half-a crown, and offer'd him part of it; he said he would not take any of it for the world; then the other got over a gate, and left this poor man alone; that accidentally there was this Macdaniel and Berry, who took hold of him, and brought him to the house.

Q. What did they say by way of answer to this relation?

Warriner. The woman charged him with assault ing her in company with a person unknown, and robbing her on the highway.

Q. Did Kidden name Blee in their hearing ?

Warriner. Yes, he did.

Q. Did they insist upon his, being guilty of the robbery?

Warriner. In general they did insist upon it, and the woman swore it absolutely. The poor fellow cried terribly, talk'd much of his innocency, and protested to it all along.

Q. Was you there all the while?

Warriner. I was.

Q. Did he never own himself guilty?

Warriner. He never did.

Q. Who were bound over to prosecute?

Warriner. Mary Jones , of Long Acre, in the parish of St. Martin in the Fields, broker, d the prisoner John Berry .

Cross examination.

Q. Are you certain he said he had been employed to move household goods?

Warriner. He often said so.

Council for the Crown. Did any thing happen, to shew that Berry and the woman were acquainted together ?

Warriner. As to Berry and the woman they seem'd to be old acquaintance. When I took her name down, I said what is your name, she said Mary Jones; said I, where do you live; said Macdaniel I can tell you that, I have known her many years, I knew her in her husband's time; and she said Macdaniel knows where I live as well as I do myself; and I took it down from his mouth.

Council for the Crown. As Blee was often mentioned, did any of them say they knew such a man?

Warriner. They neither of them said any thing about him.

Q. from Berry. Do you remember I ask'd him where he lodged, Did he not answer and say in Black-boy Alley?

Warriner. I don't remember he said so.

Council for the Prisoner. Did you take down all that put ?

Warriner. No, I wrote the commitment. I said after he was committed the poor fellow was brought only for a sacrifice; I have said it many a time.

Council for the Crown. Why was you not here at his trial ?

Warriner. His father did propose to subpoena me, but never did.

Council for the prisoner. Was the information of Mary Jones and Berry taken in writing?

Warriner. No, there was none taken, but it was so particular I could not but remember it.

Council for the Prisoner. Do you remember whether either of them said any thing as to Blee when he was named ?

Warriner. Berry and Macdaniel said they knew nothing at all of the man.

Council for the Crown. Did the woman swear positively that Kidden robbed her?

Warriner. She did.

Q. from Macdaniel. Did I say any other than this, that I knew she was a broker in Brokers Alley ? for I kept a publick house just by the place once.

Warriner. Yes, he said as I mentioned before.

Thomas Cooper . I was headborough at the time. I had the unhappy Kidden in my custody, in January, I believe the 7th, 1754 I was charged with him by the prisoners, and carried him before Esq; Withers.

Q. What was the charge upon him?

Cooper. It was for robbing Mary Jones , somewhere near the Seven sisters.

Q. Do you know them all now?

Cooper. I know them all three very well.

Q. What did Kidden say?

Cooper. He said he never committed a robbery in his life, nor never wrong'd man, woman or child in his life. He cried almost all the way he went along to the prison, and spoke very sorrowful.

Q. Was any mention made of one Blee?

Cooper. Yes, Kidden said he was along with him that day, and what he had been about, and that he could find him at the Castle, near Chick Lane. After the committment was made, I charged Macdaniel and Berry to assist me to carry Kidden to prison. I said to them, it will be the best way to take Kidden round by Click-Lane, he knowing Blee, and secure him. Berry said he was very lame, and could not go, so he went home, and Macdaniel along with me. He opposed going to see for Blee first, and said, let us first go and secure the prisoner in the goal, for he thought he was a desperate sort of a man, and he was afraid of a rescue; so we went to New-Prison. There I told the keeper of one Blee, and where he used, and desired he'd go with us to take him; so he and Macdaniel went with me I told the people of the house I was informed a man we wanted used there constantly. They would not let us go up stairs.

Q. Was you present after the conviction of Kidden, when the reward was divided ?

Cooper. I was. The money was divided at the Gentleman and Porter in Newgate-Street.

Q. from Berry. What money had you?

Cooper. I had 4 l. 10 s.

Q. from Berry. Who took the rest?

Cooper. You took most of the money; there was you and Mrs. Jones there.

Cross examination.

Q. What reason was given at the Castle why you should not go up stairs?

Cooper. The woman told me there was a club up stairs.

Q. Who proposed to go up stairs ?

Cooper. Macdaniel did, or else he said he'd have their licence taken away.

Q. Did Kidden describe Blee to you?

Cooper. He said we might find him by his dress, that he had got a blue apron on like a gardener, a blue coat, and a carroty beard.

Macdaniel. If he had mentioned him by the name he went by I should have known him very well, he always went by the name of My Lord Dockham.

Mr. Withers. The unfortunate Kidden was brought before me, I believe by Mr. Cooper. I can't say any thing to the prisoners. There were two men and a woman, but whether these at the bar are they I can't say.

Q. What was he charged with?

Mr. Withers. He was charged with committing a robbery on the woman that came with the two men, who called herself Mary Jones, near the Seven Sisters in Tottenham Road.

Q. Did she swear that ?

Withers. She absolutely swore it.

Q. Did Berry swear it too ?

Mr. Withers. He did not swear it, but he was bound in recognizance to prosecute; upon that I committed the man.

Q. Did the man own the fact before you?

Mr. Withers. He confessed nothing at all in my hearing.

John Lingley . I know Macdaniel and Berry. I believe I saw the woman at the bar once, but can't swear to her, she was then in another dress.

Q. When was it you saw her?

Lingley. I was going up Chick-Lane on a Monday night in 1754.

Q. What time ?

Lingley. I am not certain.

Q. Was it before or after Christmas?

Lingley. It was after Christmas three weeks or a month. I met with Berry, who spoke to me; I went past him a little way, and he called to me.

Q. What time of the night was it?

Lingley. It was between 9 and 10 o'clock. He said, have you seen any thing of my lord Blee; I said I had not, nor I do not know where he is; he said, Jack, I'll give you a halfpenny worth of gin, if you'll go and see if you can find him at the Castle.

Q. Who keeps the Castle alehouse ?

Lingley. Mr. Jones does. Berry gave me a halfpenny, I went in and call'd for a halfpenny worth of gin, and said to Mr. Jones, is my lord Blee here? he said, go and see if he is backwards; I went and saw him sitting with a pipe in his mouth smoaking, and a pot about half full of beer; I said he was wanted at the door. He asked who wanted him; I said Mr. Berry. He went out to him, and Mr. Berry said with an oath, what do you do here?

Q. Was there any body with him?

Lingley. There was a woman with him, with a red cloak, a black cloak, and a black bonnet on. At first I saw her stand at a distance, but did not know whether she belonged to him. What my lord Blee said to him I can't tell, but they all three went up Saffron-Hill together about that time. I was out of work, and went to Berry's house, where were he and Mrs. Turner, who went by the name of Perry. I had a silk handkerchief, and wanted to sell it to him. He ask'd her what he must give me for it. She said three shillings, so he gave it me. She said I should give him a pot of beer out of it. Berry ask'd me to sit down, after he had sent Blee for the beer, and began to tell me he had been out with a gentlewoman to Tottenham or Edmonton, I can't say which, and coming back again pretty late he got out to make water, just by the Black Bull at Tottenham, that there wa s a young horse in the chaise, and he believed the crupper had touch'd his tail, and he had been lately dock'd; that there came two fellows up, and when he came to the chaise the gentlewoman said she was rob'd. He got up into the chaise, Macdaniel was along with him, and rode as far as the turnpike, and ask'd if any body was gone along, and they told him one was gone along in a ragged blue coat; that they went on, and just by the Cock in Kingstand Road they got sight of him; that they cry'd stop thief, and Macdaniel jump'd over a place and knock'd the man down that they pursued after.

Q. Did they name his name?

Lingley. No, they did not. He said he did hear it was my lord Blee that was along with him, but he said, d - n him he has not heart enough, and he was in bed in my hay lost at the time.

Q. Was you in Newgate lately, to see if you could find out the woman?

Lingley. I was. I did see a woman, but it was at night, and I could not know her.

Q. Has any body been with you since about not appearing here?

Lingley. Yes, there was a man, but I can't say I should know him again.

Q. from Berry. Did you ever see Blee wear a coat?

Lingley. I have seen him with a blue, and also a red coat on.

Q. from Berry. What day was it I bid you call him out?

Lingley. I believe it was the 7th of January.

Q. from Berry. What business do you follow? I had taken you up twice for robbing on the highway before that time a good while?

Lingley. I follow grinding and polishing.

Berry. He is a common pick pocket now.

Q. from Berry. Did you see me speak to the woman you say you saw me with ?

Lingley. No, but when Blee came out you went all three up Saffron-Hill together.

Q. from Berry. Who is your wife?

Lingley. She that was servant to your wife as you call'd her, but she went by the name of Turner.

Richard Jones . I keep the Castle at the bottom of Saffron-Hill.

Q. Do you know the prisoners at the bar?

Jones. I know Berry and Macdaniel, I don't know the woman.

Q. Did you know Joshua Kidden ?

Jones. On a Wednesday at the latter end of Christmas, about two years ago, a poor ragged sort of a man came to enquire for business, whose name was Joshua Kidden . Blee was at my house, Blee and he drank together, and Blee told him he could help him to a job at Tottenham, and said if he did not like the job he should be paid for his trouble.

Q. Did you hear him say what sort of a job it was ?

Jones. I did, it was to remove some goods. Blee said it was too late to do it then, but on the morrow he'd tell him when it should be done, saying, the gentleman was going to move by night. They met again on the Sunday, when he told him he thought it would be done on the Monday morning. On the Monday morning Blee came again, and ask'd if that man was come that he told of doing a job; presently the poor man came, and after a little time they set out together to do the job. Blee returned again that night and call'd for a pint of beer. We had a club that night. Presently came in Jack Lingley , and call'd Blee out. They went away, and Blee left part of his beer behind him. I stept to the door, and saw Berry and a short woman with him.

Q. How was she dressed?

Jones. I believe in a black bonnet and a red cloak. Berry seem'd to check Blee, and they all three went away up Saffron-Hill together.

Q. Can you tell the day of the month this happened ?

Jones. I cannot, I know it was on a Monday, and the very day after I heard of this robbery being committed. After poor Kidden was tried and condemned, I was going by Newgate one day, and I had the curiosity to go in to see him, when I found it was the very same man that went out of our house with Blee that day. After Berry, Blee and the woman were gone up the hill, in came Macdaniel, the keeper of New Prison, and Mr. Cooper.

Q. How long after?

Jones. It was about 3 or 4 minutes after, 5 was the very outside. Macdaniel used my wife very ill, and insisted on going up stairs, after I said we had none but civil company there.

Q. from Berry. Had the woman any other cloak over the red cloak ?

Jones. No, nothing at all over it as I saw.

Cross Examination.

Q. Did Macdaniel come there as if he wanted to find Blee ?

Jones. He said he came with a warrant to search the house.

Q. Did not Mr. Cooper or any of them tell you who they wanted?

Jones. No.

Council for the Crown. Did Macdaniel know Blee!

Jones. He knew him very well, I have seen them together many scores of times, and Berry and Blee the same; I live just in their neighbourhood.

Q. Whether your wife or you did not say there was no such person in the house ?

Jones. They never inquired of me after him, by name.

Q. from Berry. Was not Blee at your house several times after this ?

Jones. Yes, I have seen him several times after that; but afterwards, when the affair of Kidden came to be talk'd of, I forewarn'd him my house.

Berry. I took a thief out of this witness's house; there have been ten people taken in his house.

Elizabeth Jones . I am wife to the last witness. We live at the Castle in Field-Lane. I know Macdaniel very well, and have seen Berry go by many times; I know nothing of the woman, but I saw much such a sort of a woman go up the hill with Berry and Blee.

Q. Do you remember seeing Jack Lingley come to your house with a message to Blee?

E. Jones. I do. Blee was at my house, when Lingley came in, and Blee got up directly, and follow'd him out.

Q. Did you hear any words pass?

E. Jones. I believe Lingley said, D - n you, Tom. come along. He went out and crossed the way, and a lusty man in a surtout coat came and clap'd him on the shoulder. I said, poor Tom is arrested. They went away, and presently I look'd after them, when they were laughing and playing with one another; a woman came up to them, and away they went together up Saffron-Hill.

Q. How was she dress'd ?

E. Jones. She had a red cloak and a black bonnet on. I remember that the constable and the keeper of New-Prison came to our house presently after they were gone, and called for some ale and an orange; it was on a Monday, our club night, and my husband was backwards and forwards. They said, have you not a club here; I said, yes; they said, have you not a breeches-maker here from towards the Minorities; I said, no; then Macdaniel said, I will go up and see. I thought he look'd like a batliff, and said he should not.

Q. Which of them asked you for a breeches-maker?

E. Jones. I don't know. I told Macdaniel, if he would give me the name of the person he wanted I would go and call him down. He push'd against me, and insisted on going up. I said I did not like him, and he should not.

Q. Did they name any body ?

E. Jones. No, they did not.

Q. What time was this?

E. Jones. I believed it was near eleven. A young man, about 18 or 19 years of age, my husband's countryman, who had not been three weeks in London, came down stairs last after the other gentlemen of the club. Macdaniel look'd at him and said, what, my gentleman, art thou here at last? The young man said, I know nothing of you. Said Macdaniel, it is not the first time I have had you in hand, don't you remember when I took you up for picking of pockets on Tower-Hill ?

Q. Did not they ask for Blee by name?

E. Jones. No, they did not.

Q. How long did they stay?

E. Jones. They came between nine and ten, and went away before twelve. I can't say the exact time.

Q. Was it after eleven?

E. Jones. Yes, it was.

Cross examination.

Q. Did you know Blee before that time?

E. Jones. I did.

Q. What trade is Blee?

E. Jones. He said he was a breeches-maker.

Q. Where did he say he lived?

E. Jones. He said he lived with Berry, and look'd after his horses.

Q. Did you never hear of his living in the Minories?

E. Jones. No, never.

Ann Watson . I know all the three prisoners; I lived housekeeper to Mr. Berry about Christmas 1733.

Q. Have you ever seen Mary Jones there?

A. Watson. Yes, I have twice.

Q. When did you see her there the first time?

A. Watson. I never saw her there before it was said she was rob'd.

Q. Do you know Blee?

A. Watson. Yes, he used to lie in Berry's hay-loft, and used to be backwards and forwards there.

Q. Did you see Mrs. Jones there at the time the chaise came home?

A. Watson. No, there was a little short man took the horse out of the chaise nam'd Pack; Blee was there and helped to put the horse in the stable afterwards.

Q. Do you know any thing of Blee's ever lodging in the Minories?

A. Watson. No, never.

Q. from Berry. Was not you in the hospital for the pox at the time you mention?

A. Watson. I was not, that was a great while before that time.

Q. from Berry. What time did you go from my house?

A. Watson. I went from his house in the winter; this robbery was talk'd of two years ago. I remember one time Mary Jones was there, and I left her in the house, and the door was lock'd, while I went out with oisters to sell.

Council for the Crown. What Mary Jones do you speak of?

A. Watson. The woman that stands there [pointing to her.]

Q. How was she dress'd?

A. Watson. In a black bonnet and a scarlet cloak.

Q. Was this the day that the chaise came home, as you spake of before?

A. Watson. No, this was after that.

John Stevens . I know Berry and Mary Jones ; I don't know Macdaniel. I was here on the trial of one John Smith , at the December Sessions, 1753. Mr. Berry call'd on me at the Bishop's head in the Old Bailey, and ask'd me to bring a bundle of things into the court here, which he said a friend of his had been rob'd of near Saffron-hill, and a woman had bought the things of a prisoner, whom they were going to prosecute. There was a man that he call'd Eagan, || he went out to fetch the woman that bought the goods from the sign of the George: she came, it was the same woman that is now at the bar. I refused to carry the goods into court, and said, here is your man Blee, send him, Berry said, he is so ragged that I am ashamed to let him carry them into court; and, after the trial as over, I heard Berry say, d - n it, they have acquitted him of the burglary, and found him guilty of felony, and I shall be all this money out of pocket; he also said, I was a fool that I had not taken a horse-stealer at Westminster, and then I should have had a Tyburn ticket (whereas I never have had any thing.)

|| Otherwise Gahagan, one of the four, since dead. See the trial of Christopher Woodland, No. 30. in the Mayoralty of Mr. Alderman Rawlinson.

Q. Was Blee in their company?

J. Stevens. He was in their sight, but not in their company.

Cross examination.

Q. Had Mrs. Jones any concern about the horse-stealer that Berry and you talk'd about?

J. Steven. No, she had not.

Q. Which room was you in?

J. Stevens. We were in the fore room, and the man that kept the house then had but one eye.

Q. Was Mrs. Jones part of your company?

J. Stevens. She was.

Q. Did Blee and Mrs. Jones speak to each other?

J. Stevens. I can't particularly say, that he spoke to her, or she to him.

Council for the Crown. Did you at any time go to Newgate to see Mary Jone ?

J. Stevens. Yes, I did, about a month or five weeks ago, up in an upper room, and I went and laid my hand upon her.

Q. How came you to lay your hand upon her ?

J. Stevens. Because I was bid to shew the woman.

Council for the prisoner. Did any body point her out to you?

J. Stevens. No.

Francis Ornel . I know Macdaniel and Berry. I can't particularly say I know the woman.

Q. Do you know Thomas Blee ?

Ornel. I do. Last January was two years, to the best of my remembrance, the three prisoners and Blee were all in company together. I know it was on a Monday morning, about nine o'clock.

Q. Do you know the day of the month ?

Ornel. I do not.

Q. Where were they?

Ornel. At the Queen's-head, at the end of Hatton-wall.

Q. How was the woman dress'd?

Ornel. She had a black bonnet and a black cloak on.

Q. Did you hear of a robbery committed upon one Mary Jones thereabouts ?

Ornel. No, I know nothing at all about that.

Q. from Berry. What cloaths had I on?

Ornel. I can't say in particular; sometimes he used to have a blue coat, sometimes a witish coat.

Q. How long have you known Berry ?

Ornel. I have known him 3 or 4 years.

Q. from Berry. Where do you live ?

Ornel. I lived then at Hatton-wall. and work'd at a house opposite where Berry liv'd.

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 3d, Friday the 4th, and Saturday the 5th of JUNE,

In the Twenty-ninth Year of His MAJESTY's Reign. NUMBER V. PART II. for the YEAR 1756. Being the Fifth 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. 1759

[ 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.

Cross examination.

Q. SUpposing the woman had had a red cloak on over a black one, you must have observ'd it, should you not ?

Ornel. I must, but I saw nothing of a red cloak then.

Mr. Frances produced the bill of indictment which was prefer'd against Joshua Kidden, and found by the grand jury at Hick's-hall, upon which he was tried at the Old-Bailey in January sessions, 1754. Which was read in court.

Then he produced the copy of the record of his conviction upon that indictment. Which was likewise read.

Thomas Gurney . I was in court in the January sessions 1754. and took the minutes of the trial of Joshua Kidden. (I have them in my hand)

Q. Do you know the prisoners at the bar?

Gurney. I do, all of them.

Q. Did you see Mary Jones sworn ?

Gurney. I did. and Berry too.

Q. Are you certain you know the woman at the bar?

Gurney. I am, and believe she has been in this court before the trial of Kidden.

Q. What was the evidence she gave on that trial?

Gurney. After the indictment was read, in which Kidden was charged with robbing her on a guinea, and 4 s. 6 d. in money, she deposed as follows: Last Monday was se'nnight in the morning. I went to Mr. Berry, and ask'd him to go along with me to Edmonton. She was then ask'd where she liv'd? She said, she lived in Broker's-alley, Drury-lane. Then she proceeds; we went in a chaise; we set out about twelve or one at noon from Hatton-garden, and went to Edmonton to the Bell, and staid there some time; being ask'd how long, said, very near three hours, to enquire for a man that I wanted to see; coming from thence we set out between 5 and 6 o'clock. I got out at the Plough at Tottenham, by reason the horse kicked very much, and we had two pints of hot ale and rum. Mr. Berry desired me to walk a little, to see how the horse would go, and I walked I believe about a quarter of a mile; then he called to me and said, the horse goes very well, you may get into the chaise; and as I was going to get into the chaise, two fellows came round me, and said, you shall not go in, we must take what you have; one of them held my arms, and took a great knife out of his pocket.

Q. Did she say a great knife?

Gurney. She did. And said he'd stick me and the fellow in the chaise too, if I spoke a word; and the other took my pocket. She was then ask'd what was in it; she said, there was a guinea, half a crown, 2 shillings, and a trifle more; then they ran away. I stood by a pot, and could not stir for some time. She was then ask'd, how near this was to the chaise? She answered, it was just by the chaise. She is ask'd, why she charged the prisoner? her answer is, he is the man that held the knife to me, and said, You old bitch, if you say a word, I'll run you through and the man too. She is then ask'd, if she saw his face? she answered, I had time enough to see his face. She was then ask'd, if it was light or dark? she said, it was a very fine moon-shine night, it was as light as day. She was ask'd, if she ever had seen the prisoner before? she said, no, never to my knowledge. She then was ask'd to describe his dress; she said, he had a white waistcoat, no coat, and a flannel cap on; and the other man had a blue coat, and a great touch'd hat on. Then she said, Mr. Berry called to a man that was coming by, and desired him to help her into the coach, so she call'd it. I got it, and we then went on to the Cross keys, where we had a glass of rum; and at the turnpike like we were told, that two men had run through there as fast as they could, and that they had been about there for two or three nights. Mr. Berry pursued as fast as he could to Newington, where he enquired after such men, and the patroles answered, that two men had ran by, and they were running along as fast as they could; they were then in my sight; he desired the people to stop them; one of them jumped over the ditch, and got away, and the prisoner was taken. She was asked where the prisoner was taken; she said, at the farther end of Newington, and we took him to a public-house a little way from the town. She was asked, if he was in the same dress as he had on when she was robbed? she said, he was. She was asked, what the prisoner said for himself? she said, he owned every thing but this, he said he did not take the money, and that another man brought him that way, but he did not know for what. She was asked what she charged him with; she said, with holding me by the arm, and pulling out a knife upon me, and he said, he did. She was asked to mention the words she made use of; she said, did not you pull out a knife upon me? he own'd he did. Upon her cross examination she was asked what was her business at Edmonton; she said, I went there to enquire for a man that owed me money. Then she was asked how long she had been acquainted with Mr. Berry; she said, many years. She was asked if Mr. Berry did not give her that money just before she was robbed; she said, no, he did not. She was asked what time the robbery was committed; she said, betwixt five and six o'clock. She was asked if she was ever robbed before; she said, no, never in her life. She was asked what the prisoner said before the justice; she said, he confessed the same there as he did before. Being asked the justice's name; she said, she did not know, but he lived in Shoreditch. John Berry , the prisoner, was next examined; who said, last Monday was se'nnight Mrs. Jones came to me, and desired me to go with her to Edmonton, to see for a man that owed her about 9 l. We went there to see for the man, and set out from thence I believe about six o'clock; in coming back the buckle of the strap had got through, and the horse fell a kicking up much. I desired her to get out; this was near the Plough at Tottenham, we drank two pints of rum and ale, she, I and another man. I desired her to walk a little till I saw how the horse would go, she walk'd about a quarter of a mile, then I said you may get in now, the horse will go. As she was geting in two men catch'd hold of her, the prisoner was one of them, his garters were tied below knee, and he had a white waistcoat on, if he'll open his coat I believe that is the same waistcoat he has got on now. [I remember poor Kidden did open his coat, and Berry said, that is the very same.] She call'd out to me, when one of them held a knife to her, and said, you old bitch, if you make a noise I'll stick you and the man in the chaise too. They took her away; and one said he'd stick her if I came out. He was asked who held the knife to her; he said, I believe the prisoner held the knife; this was just facing the seven trees called the Seven Sisters: I being lame could not get out of the chaise; they took her money, and ran away as fast as they could. He was asked if he saw them take her money; he said he saw them put a hand to her pocket. He was asked, if he knew she had the money mentioned about her; he said he knew she had that money about her when she came out of the house. I got a man to help her into the chaise, we call'd at the first house on the left hand, and had half a quartern of rum. I drove along and enquired of every body, and at Newington. I called at a house and told them how we had been served, a man came out and went along with me; I ask'd the patrole if they saw two such persons, and at about twenty yards distance I saw them both running. Being asked whereabouts this was, answer'd, it was before we came to Kingsland turnpike, the other man got over a ditch, and the prisoner was taken. I could not get out of the chaise, being lame. We carried him to a house on this side the turnpike, where are some shells up against the wall. I said to him, how could you take the money from this poor woman? he said he did not take the money, but only stood by. We then had him before justice Withers, there he said his name was Joshua Kidden , and that he lived in Black-boy Alley. Being asked how he was dressed; he said he had on two waistcoats and a cap, and he cried very much at first. On his cross examination he was asked how many people he had prosecuted here; he answered, I believe I prosecuted a man about 8 or 10 years ago, he stole horses, and I stop'd him, that is the only case I have been concern'd in as prosecutor in my life. He was then ask'd what was the man's name that took the prisoner; he said it was the officer that went with us to take the man at Edmonton, he is a marshal's court officer. Being ask'd again what the man's name was; he said, his name is Macdaniel. Upon this name coming out with much reluctancy, I began to suspect it was a bad affair; so I took care in the transcribing it for the press to curtail the evidence as little as possible.

Q. What did the prisoner say ?

Gurney. He said he knew nothing of any robbery, and cried exceedingly.

Robert Beals . I keep the turnpike at Stamford-Hill.

Q. Do you remember whether you was at the turnpike on Monday the 7th of January, 1754?

Beals. To the best of my remembrance I was at the turnpike from Sunday night the 6th, to Tuesday night the 8th.

Q. Do you remember any thing of a robbery being committed on the 7th?

Beals. No, I do not at all.

Q. Did you give Berry and Mrs. Jones information that night, that you saw two men run through the turnpike.

Beals. No, I did not. A gentleman and woman came in a chaise, and ask'd me if I had seen any body go by; I said I had seen three or four men go by about a quarter of an hour before.

Q. Who attended the turnpike with you ?

Beals. William Robertson did; when one comes on, the other goes off, there's always one of us there.

Cross Examination.

Q. Did you say, or your partner in your hearing, there had two men ran through as fast as they could, and that they had been lurking about there for two or three nights.

Beals. My partner call'd me, and ask'd me if I had seen two men come that way; I said I had heard of two or three men being seen about the gate, and I wished they were taken.

William Robertson . I am partner to Robert Beals at Stamford-Hill turnpike. I remember I went to demand the toll or ticket of a man and a woman in a chaise, they shewed me the ticket, and told me they had been rob'd near the Seven Sisters by two men. The woman ask'd the man if he had got any halfpence to give the man that led the horse up to the gate, to buy a pint of beer. She having felt, in one pocket and had none, then she felt in the other pocket, and said, Lord bless me, I have got half a crown and some halfpence that I knew nothing of. We discoursed together some time, then I call'd my partner Beals.

Q. Did the man or woman ask you if two men had run through the gate ?

Robertson. I never heard such a word as two men running through.

Cross examination.

Q. Were not there such words mentioned as two men going through ?

Robertson. Not a syllable to my knowledge.

Q. After your partner came was there nothing mentioned in your hearing of that?

Robertson. Nothing as I know of.

Q. Did you hear your partner say there had been two or three men lurking about there two or three nights?

Robertson. I heard there were two or three men lurking about, but I don't remember it was near the gate. My partner said this to me just after they were gone, I did not hear him say so to them.

Q. to Beals. Was this discourse betwixt you and the man in the chaise, or you and your partner?

Beals. It was to Robertson a little before the chaise went off. I said there had been three or four men gone by, and my partner and I talk'd of it afterwards.

Q. to Beals. Are you sure the chaise was not gone off when you said this ?

Beals. To the best of my knowledge it was not.

Q. to Beals. Was not this in consequence of what they said to you?

Beals. It came fresh into my mind after they told me they had been rob'd. Then I said I heard of two or three men being seen in the road, and wish'd they were taken.

Q. to Beals. Do you know the man and woman who they were?

Beals. I don't know any thing of the people.

Q. to Robertson. Do you know who they were ?

Robertson. No, I do not.

Q. Have you not a book to know the time each of you attend at the gate?

Robertson. We have a day book, and we sign the man's name that attends each day.

Q. Whose name was in the book for attending on Monday the 7th ?

Robertson. Mine was.

Richard Gwinnet . I am one of the patrole belonging to Newington road. I can't tell any particular day of the month, but I remember the day this pretence was that Kidden had rob'd a woman in a chaise, that very night I was on the patrole.

Q. Did you see a man and woman in a chaise?

Gwinnet. No, none at all.

Q. Was you asked by any man or woman in a chaise after any men ?

Gwinnet. I saw no chaise, we did hear a man was taken.

Q. Do you know either of the prisoners?

Gwinnet. No. I do not.

Q. Did you tell any body there were two men run along ?

Gwinnet. No, I did not.

Q. How many are there of you in this patrole?

Gwinnet. There are only three of us, and we always go backwards and forwards.

Q. What are their names?

Gwinnet. Richard Man , Henry Smith, and myself.

Richard Man. I am one of the patrole on Newington road, and have been these six years. I remember the talk of a robbery being committed on Mary Jones , I was on the patrole that night.

Q. Was there any complaint made to you of any robbery?

Man. No, none at all, till we saw the people at the Swan, the house they took the poor man into, there I saw the person accused. I saw no chaise till we came there. We did not meet the people in the chaise for we were coming to London and were behind them; when we came to the Swan; we were told there was a highwayman taken, and we went in and saw him.

Q. Where does your patrole go to?

Man. It goes to the Three Crowns at Newington, and back to Shoreditch.

Q. Are there any other patrole upon that road besides you and your two partners?

Man. No, there are not, I am the first that began it.

Henry Smith . I am one of the Newington road patroles. The night that it was said Mary Jones was robbed, I saw a man that was taken at Adams's house, the Swan in Kingsland road, I was on the patrole with my partners.

Q. Had you heard any enquiry made of any suspicious people running away?

Smith. No, I had not, nobody ask'd me any such thing.

Q. Who are your partners ?

Smith. They are here and have been examined, I have no others.

Q. When you had seen a man taken up upon a a robbery if you had seen any such people you should have said so, should you not ?

Smith. We saw none, neither did any body ask us such a question.

Thomas Blee . On the latter end of November, 1753, Berry ask'd me -

Council. Before say nothing but the truth, don't add more guilt to what you have done.

Blee. I nothing but the truth. Berry ask'd me if I would be concern'd in an affair about a robbery and order'd me to go and get one Christopher Woodland , after which, he sent me to Macdaniel's house, in the Buck-lane, Rag-Fair, next door to the Prince Frederick's Head. That was the first time I ever spoke with Macdaniel. His company keeper got up and ask'd me what my business was. I said, I came from Mr. Berry. Then Macdaniel said, let him in. I went in, and he ask'd me if I would drink a dram of gin. I said, I never drank any. He bid me go to a publick house, which one Sergeant keept, at the next door, where I call'd for a pint of purl, and staid 'till Macdaniel. had put his cloaths on. He went with me to Berry's house and we all three talk'd about this affair of Christopher Woodland . There was to be a man procured, a butcher in Rag-Fair, an Irish man, to be the person rob'd upon the highway. I think it was the 29th day of the month. I was to go and buy some oranges to fling at, and go to a fair, and Macdaniel and Berry were to take Woodland, and so we were to have the reward. I took Woodland to the fair, but neither Berry nor the butcher came. I went home, and the next day Berry with an oath said, it will not do, for he never came; you must get something else: and said, there is Eagan, or Gahagan (I don't know which he call'd him at that time) I'll take a house for him on Saffron-Hill, and go to Mary Jones , in Brokers-Alley, and we'll put some goods in the house; accordingly, he took the house, and got of her two-smoothing irons, four pewter plates, two brass candlesticks, two iron candlesticks, and some other things, which were put into, the house, and hung a padlock upon the door, with the staple of the padlock not quite push'd in. I was to bring Woodland by night, and take the padlock off, and we were to take the things, and they were to swear Woodland broke the house open and stole them. I and Woodland, were to take the things to Mrs. Jones's house to sell, which we did, in a bag which I had out of Berry's stable. She gave us one shilling and six pence, and bid us come next morning to a house in Long-Acre, and she'd come to us. We went thither, and then I went to the White-Horse in Drury-Lane, where there came in Macdaniel, who gave a sort of a wink to me to go out of the house. I went out, and there stood Berry at the corner. Said he, make the best of your way, I'll act as constable. They took this Woodland before justice St. Lawrence, who committed him to the gatehouse, and he was tried in December sessions, 1753, for the fact, but was acquitted of the burglary, and found guilty of the felony only. I remember there was one Stephens, whom Berry desired at the Baptist-Head in the Old-Bailey to carry the goods into court on the trial. Stephens said, why can't my lord Blee carry them in? said Berry, because he is to ragged. Said Stephens, I will not have any concern in it. Then they began to talk about a prosecution of a man, for horse stealing. Berry with a wicked oath said, he had been all that money-out of pocket and said we must have something that will do better. After Gahagan was gone, Berry and I consulted to have a robbery done on the highway. Berry said, Mary Jones had got a very rich son-in-law, a silk mercer, and we need not be afraid of any thing staining her character. The next day he sent me to Macdaniel's house again, who came, and Mary Jones was there. We consulted together and this was concluded upon. I was to get one or two persons to rob upon the highway, to entitle them to get the subscription money by the parish, besides the money given by act of parliament. Mary Jones said, she did not know how to do it. Berry said, it would be twenty pound in her pocket. Soon after that, Joshua Kidden came to the Castle, at the bottom of Saffron Hill, and call'd for half a pint of beer.

Q. What day was this on?

Blee. I believe it was on a Thursday. I said to him, what makes you call for half a pint of beer? I suppose you are dry. Said he, because I have not money enough to call for more. I said, call for a pint and I'll pay for it. He did so, and he and I drank it. He was complaining for want of work, and I told him I believ'd I could help him to a job. He complained he had no money to pay for his lodging. I gave him two pence, and told him to meet me there the next morning, which he did. I went with him up to the Prince-Fredrick's-Head, in Leather-Lane, near Hatton-Garden, and bid him stay till I came back, and said I would go to the gentleman that he was to do the job for; for I told him, that a gentleman that lived at Tottenham wanted to remove some household goods (but there was no job to be done at all) I went to Berry's house, in George-Yard on Saffron-Hill, and left him there. I told Berry I had found the man. He said, my lord, got back to him again, and I'll come and call for a penny worth of purl (this was to have a view of him, to see whether he would do or not.) He came and call'd for the put then went out, and I followed him, with presence to go to see if I could and the gentleman again. I said to Berry, what do you think of him? he said, d - n him, he'll do very well, he is big enough, and said, Tom, do you want any money? I said yes, and he gave me a shilling. Then it was agreed that I should get this Kidden to go and remove the goods (as he thought.) Kidden came to me again at the Castle, according to appointment, on the Monday morning following, the 7th of June.

Q. Did any-body heary on talk to Kidden about moving of household goods?

Berry. I don't know, but Mr. Jones, who keeps the Cattle, heard me tell him of moving some houshold goods, he was very thankful. We went to the Prince-Fredrick's-Head. I lost him there, and said I would go to the gentleman, but I went to the Queen's Head Hatton-Wall, where were Berry, Macdaniel, and Mary Jones then we went to Berry's house. He said, Tom, go and buy a penknife, and gave me six pence. I went into Holbourn and bought one for two pence and gave him the groat I had for change. He took a pair of pincers and broke the point of it off, that Mary Jones might swear to it.

Q. Did he tell you that was the reason of his breaking it?

Blee. Yes, he did. Then he said to me, go to the man again, and call for another pint of beer, and come to me again presently. I went to Kidden, and told him the gentleman that wanted to have his goods moved was not at home, but he would be there in a quarter of an hour. After a little time I went away to Berry's house again, when Berry had got a letter directed on the outside to some gentleman, Esq; at Tottenham, I can't tell the name there were two people saw him give it me. (But there was nothing wrote within side,) Berry gave me also five shillings, and we had salt beef and carrots for break-fast at his house, but Mary Jones eat none. Then they order'd me to get away with the man to Tottenham as fast as I could; accordingly I went to Kidden, and shew'd him my letter, seal'd with a water. Kidden, ask'd me if I had got a knot or a rope. I said we did not want any. I ask'd him if he would eat any breakfast. He said, he did not care if he did, so I bought a pound of pork-steak, and had them dressed at Newington-Green, as we went along. The woman black'd them, and I finding fault she charged two-pence for dressing them, but seeing us poor people she did not take the money. We had there a full pot of beer, and went to Stamford Hill, where we drank again, and from thence to the Plough at Tottenham, where was an elderly grey headed man, and a parcel of sheets hanging round the fire (they having been washing) who did not like our company, and would not draw us any more beer, saying he thought we had had enough. Then we went to a house opposite, and call'd for a pint of beer. We drank that, and I call'd for a pint of half in half. Then I said to Kidden (I then did not know his name) I'll go and see if the gentleman is at home. I went out, and saw the chaise coming, with Berry and Mrs. Jones in it. I step'd up to the chaise, and said, Sir, your horse has got a stone in his foot, so he stop'd. Berry said, make haste back, we'll go to the Plough. I went back to Kidden, and call'd for another pint of half in half. The landlord drank along with me. Macdaniel came in and call'd for a two-penny glass of brandy, which the landlord's daughter or maid serv'd in a large glass. (I should know her again.) He went out, and after that I went to him. He said, I'll come and give you private notice when the chaise goes out. He came in again in the evening, and said make haste, for the chaise is going, (but not in Kidden's hearing.) I paid for the liquor, and ask'd Kidden if he would have a dram. He said no. I told him the goods were not to be removed to day, I am to meet the gentleman at the Fox, and he should be paid. We walked on, and I saw Mary Jones , and amongst a parcel of trees Macdaniel near the wall. About forty yards before we came to the Seven-Sisters, what they call a robbery was done, but there was no robbery at all. I had said to Kidden, walk on, which he did. I said to Mrs. Jones, are you bound to London? She had the things in her hand ready, and gave me half a crown, a pen-knife, and a halfpenny.

Q. Where was Kidden?

Blee. He then was beyond the Seven Sisters. Then I went on, and when I came up to Kidden he ask'd me what I had been doing; I said I had pick'd that old devil's pocket of half a crown. He was very much frightned, and ask'd me how I could do such a wicked thing? I said come along, and ask'd him if he would drink; he said, no, he would not. We went on to the Bird Cage at Stamford-Hill, where we had a pint of beer. It was a very bright moonlight night, I could see to pick up a pin, and there was I believe at the time twenty people passing and repassing. We went on towards Newington, and he wanted to go cross the fields towards Islington as we came, but I was directed by Macdaniel and Berry to keep the road to Kingsland, the house appointed for them to come and take him being the Fox alehouse. When we had got on the other side of the Cock at Kingsland, I heard the chaise coming along, and saw Macdaniel with a stick in his hand. I bid Kidden walk on, and jump'd into the ditch; Macdaniel walk'd by me as fast as ever he could and seiz'd him. I jump'd over a gate into a cowlare. After that I saw Berry jump out of the chaise and seize him, Mary Jones was then in the chaise. Then I went cross the fields to a house called the London Prentice, where Berry ordered me to go and stay for the chaise coming, and take it home; I staid there some time, but no chaise comeing, I went to Berry's house, where I saw the chaise stand in the yard. I said to the maid, I'll go up to Mr. Smith and desire him to put the chaise in; and for fear somebody should steal the seat out of it, I took it out and put it in the house. After that I went to the Castle on Saffron-Hill, and called for a pint of beer. I believe I had drank about half of it, when John Lingley came in and ask'd if my lord Blee was there; somebody told him I was backwards in the kitchen. He came and told me there was one wanted me at the door. I went to the door, and there was Berry and Mary Jones ; Berry said, you son of a bitch what do you do here, there's Macdaniel and the constable coming to take you, and I suppose they'll bring Pentelow the keeper along with them. I left my beer and went along with them up to Hatton-Garden, where Mary Jones and we parted, and Berry and I went and drank together, and then went home to his house. I lay in his hay lost at that time. He said to me the next morning, Tom, don't be afraid, nobody will have a suspicion of Mary Jones , she is a woman that has such good friends; we'll keep you out of the way till the man is hang'd, and then d - n him, he can tell no tales.

Q. Did any body come to take you ?

Blee. There came Watts and Bath (the last is since dead) after me. After that I went by Berry's direction and took lodgings in the Mint, and told the people I was afraid of being arrested.

Q. How was Mary Jones dressed?

Blee. She was in a black bonnet, and a black silk cloak, and had something tied up in a handkerchief when she went out, and when she came home she had a red cloak over a black one.

Council. Did Kidden commit any robbery ?

Blee. No, he did not, no more than I do upon you now; he went on purpose to get a job, to earn something by hard labour.

Q. Can you tell what money was paid, as the reward for taking this man?

Blee. I can't tell what money was paid. Mr. Gardner paid the money at the Salutation tavern just through Newgate, at the rate of 40 l. only the poundage was deducted; they gave me about 6 l. out of the money. Macdaniel and I went to Tottenham. He, Berry, and Mrs. Jones, always told me they did not receive the money there. They never gave me a halfpenny of that, but Macdaniel's wife told me they did receive 20 l. at the White Hart.

Q. When did you make a discovery of this affair ?

Blee. I made a discovery of this before justice Bell at Greenwich, when I was first taken up by Mr. Cox, the high constable of Deptford, and Mr. Warrin; I told them the same I do now, and the other account about Ellis and Kelly.

Cross examination.

Q. When did you first know Macdaniel ?

Blee. Not before November, 1753.

Council. You would have it be believed that you went to a man, quite a stranger to you, to draw him into a robbery for the sake of the reward.

Blee. Berry sent me.

Q. When did you first know Mrs. Jones?

Blee. Never till Woodland's affair, in December 1753, when this affair was concluded upon, we agreed that she should be the prosecutrix, and Berry and Macdaniel thief-takers.

Q. Is she a very weak woman ?

Blee. I think she is a woman of very great understanding. I don't think this was the first time, because she prosecuted Woodland. I was afraid of the prisoners, and did not know how to get out of the scrape, they always used to be threatning of me, and I was afraid they would hang me.

Q. What were the signs you went to at Tottenham ?

Blee. We went from the Bell to the Plough.

Q. How far was Kidden before you when you spoke to Mrs. Jones ?

Blee. I believe about forty yards, I can't say to a yard.

Q. What did you say to Kidden when you gave him the half crown ?

Blee. I said, give me the shilling that you have got, and I'll buy some steaks with it, for that my pockets were bad.

Q. Had you any reason at the time you told him you had pick'd a pocket, but to think he would have brought you to justice for it?

Blee. He was very much frightned, and wanted to get away.

Q. Had you never any talk with him about committing a robbery ?

Blee. No, I never had.

Q. Could Kidden hear what Mrs. Jones said ?

Blee. No, he could not. She had got the money ready in her hand.

Q. What was your reason to ask her if she was bound to London ?

Blee. There were people passing and repassing at the time.

Q. Did any body see her give you the money ?

Blee. I don't know that any body did.

Q. Where was this consultation held amongst you all?

Q. At Berry's house, the day that I went to fetch Macdaniel.

Q. Was it agreed upon that she should give you the money?

Blee. It was, by all four of us.

Q. Who was Berry's servant at that time?

Blee. Her name was Ann Watson , they used to call her little Nan.

Q. Did she see you there that day ?

Blee. She did not, she was at-market at Billingsgate; and Berry's wife or company keeper was out of the way, he was so say as that.

Q. Did Ann Watson ever see Mary Jones there?

Blee. Yes, she has, at other times.

Q. from Berry. What time were we at the Queen's Head together?

Blee. It was in the morning, I believe about nine o'clock.

Q. from Berry. Where had I my pincers from to break the knife?

Blee. From out of your half-peck measure.

Q. Have you never said Kidden was near you at the time this robbery was committed?

Blee. I don't believe I ever said so, he never stood by me.

Q. Is this the first or second information you made?

Blee. It is the second, the first was chiefly about Ellis and Kelly, before justice Bell.

Berry. I had but 7 l. 4 s. myself; he says I gave him 6 l. and he swore in this court that I paid it at 6 d. and 1 s. at a time.

Q. Where did you make your second information ?

Blee. Before justice Spurling in Covent Garden.

Q. Was the account you gave to Mr. Bell the same you gave to Mr. Spurling after wards, and the same you say now ?

Blee. I don't think I have said one word now but what I spoke then.

Q. Did the information you made before Mr. Bell take in Kidden's affair?

Blee. I made two informations before Mr. Bell.

Macdeniel. So many desperate men as I have taken in my life, can it be imagined I would trust my life in such a fellow's hands as this is ?

Berry. It is a wonder they have not subpoena'd the woman at the house in Leather-Lane.

Council for the Crown. What is become of the penknife that was broke?

Blee. I flung it away, and did not give it to Kidden. It was intended, if it had been found upon him, she should swear to it.

Council for the Crown. Why did you not give it him?

Blee. He seem'd scrupulous in taking the money, so I did not offer the knife to him.

Council for the Prisoner. When did you fling it away?

Blee. That night going along the road. I had never a pocket about me, having nothing but an old blue ragged coat on.

Council for the Prisoner. Had you not a waistcoat on?

Blee. No, I had not, and my breeches were very ragged.

Q. What did you do with the crown which you said Berry gave you?

Blee. I put it in a handkerchief and tied it up.

Q. from Berry. What colour'd apron had you on?

Blee. I believe it was a blue apron, I have worn divers sorts.

Council for the Prisoner. When Kidden was taken, and you had told him you had pick'd an old woman's pocket of a knife and money, how came you to go to that house on Saffron-Hill; had you no suspicion Kidden would declare what you had told him?

Blee. He did not know my name otherwise than as he heard people call me by going along. I went and call'd for a pint of beer.

Council. That is not an answer?

Blee. Because it was the house I generally used to go to. I was under no apprehension of Kidden's telling where I was to be found, and I knew the prisoners would not suffer me to be taken up; if I was, they had promised me they would not appear against me. I not being before the justice did not know what gaol he would be committed to.

Council for the Prisoner. Did Pentelow know your name?

Blee. He did. He has been at Berry's to take me when I was in the house.

Council for the Prisoner. Is not the gaol that Pentelow is keeper of, the common place where people are committed for robberies in Middlesex ?

Blee. Sometimes they are carried to Bridewell. Berry and Macdaniel have carried several there for the highway; and sometimes they are committed to the Gatehouse, Woodland was committed there.

Council for the Crown. Did Macdaniel know your name?

Blee. He did, as well as any body in the parish of St. Andrew, Holbourn. I have been lock'd up in his house on days, and used to go home to Berry's on nights; he used to leave the key for me at his next door neighbour's.

Having given his evidence he was ordered out of court by the council for the crown.

Hannah Chittey . My father kept the Plough at Tottenham in the year 1754. I remember we were washing and airing of sheets by the fire when two men came in.

Q. How were they dressed?

Chittey. I can't describe that, they were indifferently dressed.

Q. What liquor did they drink?

H. Chittey. They had nothing but beer. I believe it was in the forenoon; my father not liking them would not draw them any more beer, but desired them to go about their business.

Q. Do you know either of them?

H. Chittey. Blee was one of them.

Q. Did you ever see him before ?

H. Chittey. No, I never did.

Q. After they went from your house where did they go to?

H. Chittey. They went to the sign of the Ship.

Q. Did you see them there?

H. Chittey. I don't know that I did.

Q. Do you remember the chaise coming to your father's house?

H. Chittey. I do. There was a woman and two men, but I don't know how they came; I know they were there a great while.

Q. Look at the prisoners at the bar.

H. Chittey. I can't swear to their faces.

Q. How long were they there?

H. Chittey. They were there two or three hours, and staid till candle-light.

Q. What time did they come?

H. Chittey. Some time in the afternoon, I can't exactly say the time.

Q. How was the woman dressed?

H. Chittey. I can't tell.

Q. Did they both stay at your house?

H. Chittey. One of the men went cross the road to the Ship.

Q. Do you remember whether he and Blee were together ?

H. Chittey. I saw one of the two men that were with the woman go over to the Ship, and talked with one of the others, I believe it to be Blee, at the rails before the door.

William Davis . I liv'd at Tottenham at the Ship over against the Plough, in the year 1754. I can't say the day of the month, but I remember this robbery was on the same day two men were at our house between four and five hours; by all descriptions I could get of them they were the poor unfortunate Kidden and Blee; they had 4 or 5 pots of beer, half-beer and half two-penny. I can't say whether I drank with them or not. I know they ask'd me to drink with them.

Q. What was their business?

Davis. They pretended they were going to take some household goods, but I can't say in what method it was.

Q. Do you know which house they came from when they came to yours?

Davis. I can't say that.

Q. Do you remember seeing a chaise come to the Plough that day?

Davis. No, I do not.

Q. What time did they go from your house?

Davis. They went away just about candlelight, it was dusk.

Cross examination.

Q. Might they be other two men for what you know?

Davis. I speak by the description I had of the men that did the robbery.

Q. Should you know Blee if you was to see him ?

Davis. I should, for I have seen him since, and am sure he was one of the men. I knew him in St. John's-street.

Elizabeth Davis . I live with my father the last witness at the Ship; I remember serving a two-penny glass of brandy in a large glass that day, but I can't tell to what man.

Sarah Boynton . I live at Newington-green; I remember in January was two years two men came to our house about 11 o'clock one morning; they brought some pork steaks along with them, and desired me to dress them; they were very difficult, and desired me not to burn them. When they call'd to know what was to pay, I charged 2 d. for dressing the steaks; they said they did not pay for dressing a steak when they called for liquor, so I did not take for dressing. I remember I did not like the men, and was glad when they were gone.

Thomas Sergeant . I live at the Prince of Wales's-head, at the corner of Wellclose-square, Cable-street. Macdaniel was a tenant to me, and Blee lived with him as a servant; he has come to me many a time for beer for him. At the time this robbery was talked of, Macdaniel used to leave the key at my house for him.

Macdaniel. I don't deny but Blee has been at my house.

Joseph Cox . I live at Deptford in Kent; I being chief constable of the lower half hundred of Black-heath, and having, as I thought, discovered the practice of the thief-takers, on the 9th of August, 1754, I very fortunately took Blee. I received from him that day and the next the whole of the affair of the unfortunate Kidden. I took him on the Thursday, and on the Sunday after I went to Tottenham to enquire into the truth of this transaction. On the 15th I took the two prisoners at the bar up at Maidstone; they both, upon their being ask'd if they knew Thomas Blee , denied they had any knowledge of him, and both desired to be admitted evidence. In about a week after that I made enquiry after Mary Jones , but was told by people that she kept herself concealed, or was fled; and I think, at the latter end of last January, I received a letter from a gentleman by the hands of Mr. Baterson, informing me that Mr. Baterson could tell me where she was concealed, and advised me to take the advice of Justice Spurling, which I did; and, on his re examining Blee, he was pleased to grant a warrant to take Mary Jones. This was on a Friday, and on Sunday the 1st of February I met Blee, Mr. Baterson, and a friend of his at Turnham-green. Then Mr. Baterson told me she was at the house of Mr. Swan at Twickenham. We had Blee along with us, because he was the only person that knew her.

Council. First give an account of what Blee told you as to this robbery.

Cox. He told me the next day after he was taken, that Macdaniel, Berry, and Mary Jones , had ordered him to look out for a person to go upon the scamp, to go and rob, or be present when a robbery was done, in order to get the reward, and he happened to meet with Joshua Kidden at the Castle at the bottom of Saffron hill.

Q. Have you heard Blee give his evidence here in court?

Cox. No, I have not, I have been out of court all the time.

Court. Proceed.

Cox. He said Kidden was complaining he wanted work, Blee said he could help him to a job, to go to Tottenham to move some goods for a person that was afraid of his landlord, and that he drawed him into a public house, and Berry had a sight of him; and, on the 7th of January, Berry and Mary Jones went out in a chaise to the Bell at Edmonton, and Macdaniel walked there, and they returned to the Plough at Tottenham. During that time he took Kidden out of London, under pretence to do this job, and gave the particulars of the places they stay'd at; that they breakfasted at the Golden-lion at Newington green; that they had pork steaks for breakfast, and some dispute with the landlady about dressing them; and went afterwards to the Plough at Tottenham, and there drank till the master of the house would not let them have any more liquor; then they went to a house right opposite, and waited there till the chaise returned from the Bell, and Macdaniel gave him proper notice when the chaise set out to go for London; and that he returned and told Kidden, he had seen the gentleman whose goods he was to remove, and he did not think to remove them that night; then they set out for London; he said it was agreed upon to say the horse kicked, and Mrs. Jones was to get out and walk; that they set out after them, and followed the chaise; and a little before they came to the Seven Sisters, they saw Mary Jones walking on the causway, and Berry was in the chaise just by, and Macdaniel was amongst the trees opposite them; and it was so moonlight a night he could plainly see them; and when Kidden and he overtook Mary Jones , he bid Kidden go forwards, and when he was gone along, he held his hand-out, and Mary Jones put money into his hand (but he said no guinea was ever taken, as the indictment expresses) she only gave him half a crown, a half-penny, and a pen-knife, and then he went on, and overtook Kidden in about fifty, sixty, or a hundred yards; and in order to bring Kidden in, in some measure, he said Kidden had got a shilling left, (that I should have mentioned before; he said Berry gave him five shillings, and he was to tell Kidden he had never a pocket, and he was to get Kidden to put it into his pocket, which he did, in order to induce him to take what he took from Mary Jones ) so he took the shilling Kidden had got left, and gave him the half crown and things, and said he'd find something for supper; he said he had just taken it out of the woman's pocket; I asked him how Kidden liked that; he said, not at all; but still they walked on to the Bird-cage; there they had a pint of beer, and walked on to Newington; Kidden wanted to cross the fields to Islington, but he said he was directed by Berry and Macdaniel to keep the main road; and he desired Kidden so to do; and they kept on till they came near Kingsland; that he bid Kidden walk on, and he staid, and Macdaniel seiz'd Kidden, and he jumped over a rail into a cowlare, and went over the fields to the London 'Prentice in Old-street, to wait for the chaise coming; but the chaise was not brought there, and he waited a little time, and then went to Berry's house, and lay down in the hay-loft, and between 9 and 10 he got up, and went to the Castle at the bottom of Saffron hill, and had a pint or part of 2 pints of beer, and then in came John Lingley and called him out, and he went out without drinking his beer; there was Berry at the door, who with an oath said, what do you do here? here is the constable and Macdaniel coming, and I suppose they'll bring Pentelow || along with them, and they'd certainly have taken you, if I had not come to put you out of the way; and that he went with him, and Mrs. Jones who was with him, as far as Hatton-garden, and there Mrs. Jones took her leave and went home, and Berry and he went to a public-house (the sign I have forgot now.) He was very particular, I spent five or six hours in examining him, and taking it down.

|| The keeper of New-Prison.

Q. Did you go to enquire into the truth of what he told you?

Cox. I went to all the places he gave an account of, to enquire into the truth of it some time before it was laid before the government.

Q. Whether all these circumstances tallied?

Cox. I found every thing in a surprising degree to tally, I could not help wondering at it; but Blee had a very strict charge given him to say nothing but the truth. I inform'd him, if he told ninety-nine truths and the other a falsity, that would over-set the whole. I examin'd him over and over again, and from the beginning to the end he kept uniform. I took a good deal of pains, and never found him vary in any thing material.

Q. Was you present when he was examin'd before justice, Spurling?

Cox. I was, and when the written examination was taken.

Q. Did you see Mr. Spurling sign it?

Cox. I believe I did.

Court. Now go on with the apprehending of Mary Jones ?

Cox. Whe we came to Twickenham, and had taken a view of Mr. Swan's house, we found there was a long walk with two hedges up to the house, with one other house only; we thought that if we all went up that walk together they would perceive us, not knowing what opposition we might meet with, but it happen'd Mr. Swan's family was not there that day (but we did not know that) we agreed for the constable and I to go up first, and Baterson, his friend, and Blee were to go up after us. The constable said he knew. Mary Jones , and that she went by the name of Fanny. Just as we got to the corner of the hedge I saw Mrs. Jones, but upon the constable's stepping into the house, and saying to a woman, how do you do Mrs. Fanny, made me neglect the woman in the garden and go into the house. I said, is your name Jones? no, said she. I said, is she at home now? She said no. Where is she gone? To Hampton-Court. When will she come back? Not this fortnight, as ready as if it had been true. During that time, Blee and Mr. Baterson, and his acquaintance were coming up the walk, and perceiv'd by the woman at the next house, who came running to me in a great fright, and said, don't frighten us, we are only a parcel of women. I said, we only want to speak to Mrs. Jones. She said, if you will not frighten her, you shall see her at my house. She did this to draw us from Mr. Swan's house, that Mrs. Jones might make her escape. When I came to her door, she said what is your business. I said, I shall not tell you, madam. She said then you shall not see her. During that time Blee came, and said he heard some body at the bottom of the garden calling out, who is that breaking down my pales? which confirmed me that was the woman that I saw coming down the garden, and I order'd Blee to pursue her down the garden. Presently the constable and I went, and at the only house where we thought she must go thro' the people were against our coming in, but at last I got admittance, and in searching about I open'd a cellar door, and thought I heard some body out of breath. I call'd for a candle, and in this deep dark cellar I found Mrs. Jones upon the ground. I took hold of her hand, and handed her up. When I brought her to the top of the stairs, Blee call'd her by her name. Then I knew I was right. I ask'd her if she knew him. She said, no; she never saw the fellow in her life. I ask'd her if she knew Mr. Berry. She at first denied it, but at last fully own'd it. I ask'd her if she knew Macdaniel. She said, no. I ask'd her if she knew Eagan or Gahagan. She positively denied she did. Then I ask'd her whether she should chuse to be carried before a justice of the peace in that neighbourhood, or to London. She said to London. She desired to be carried to Mr. Swan's house first, for some things to put on; she was indulged in that, while a coach could be got to carry her to London. There she in a great rage burst out, and said she would hang Berry; at another time she said she would hang them all. She was examin'd before justice Spurling the next day.

Q. Do you know of a confession of Blee before justice Bell of this affair ?

Cox. There was, it was annex'd to another offence.

Q. from Berry. Did not I come to Greenwich. to enquire if Blee was taken?

Cox. Berry, Macdaniel, and Ralph Mitchel were at Greenwich, making all the enquiry they could, to know if Blee was taken, but did not enquire of me.

Berry. I know you-took him in Newgate Street.

Cox. Berry did not know it then; Mr. Warrin is here, and he will give a particular account of their behaviour at Greenwich; they mistrusted he was mistaken.

Macdaniel. I went to Mr. Cox's house.

Cox. He never was at my house to my knowledge.

Cross examination.

Q. Did Blee in his first confession say he had given the five shillings to Kidden before he went out of London?

Cox. I believe he did and told him he had no pocket of his own.

Q. Did he tell you any thing of his speaking to Macdaniel when he went by him to take Kidden?

Cox. He said he made a motion to him.

Q. Where was he when be made that motion?

Cox. I believe a very few yards behind Kidden upon the causway.

Q. Did he tell you so ?

Cox. I think he did, but he said he jump'd over the ditch, immediately and went cross the fields.

Q. How many informations did he make before justice Bell ?

Cox. There was one made in August, relating to Kelley and Ellis, and a short one upon Kidden's affair; but there was no intention then to go upon that, so it was taken very short.

Q. Have you that here?

Cox. No, I have not.

Q. You say Blee told him he had no pocket, do you apprehend that was only a pretence, or that he had no pocket?

Cox. I thought it was only a pretence.

Q. Did he mention any circumstance of a knife ?

Cox. He said Berry sent him, that morning they set out, to buy a knife, and that Berry broke the point of it off.

Q. Did he tell you what he did with the knife?

Cox. He said he bought it for two pence, and gave it to Berry, to give to Mrs. Jones; and I think he said he give half a crown, a halfpenny and the knife, to Kidden, after she had given them to him, but I am not sure of that. I know he said Kidden had no knife, except that knife he gave him; whether or no he did give it him, I am not sure.

Q. What did he say when he took her money?

Cox. He said, he and Kidden and Mrs. Jones walked some yards together on the causway, till he bid Kidden go on.

Council for the crown. Are you certain what Blee did with the knife at last?

Cox. I am not.

Mr. Spurling. This is the information (holding a paper in his hand) taken before me, and sign'd by Blee, read over word for word at the same time.

It is read in court to this purport:

' Middlesex. The information of Thomas Blee , ' of the parish of St. Andrew, Holbourn, breeches-maker, ' taken upon oath before me, one of his majesty's ' justices of the peace for the county of Middlesex, ' &c.

' This informant faith, that in the month of December, ' 1753, and beginning of January, 1754, ' Stephen Macdaniel , and John Berry , now prisoners ' in Newgate, and one Mary Jones , late of ' Brokers-Alley, Drury-Lane, widow, and himself, ' agreed together that he should get into company ' with one or two persons to go with him, and be ' present at a robbery on the highway, and cause ' the said person or persons to be apprehended and ' convicted for the same; and this informant farther ' faith, that he got acquainted with one Joshua ' Kidden, at the sign of the Castle, at the bottom of ' Saffron-Hill, of which he acquainted Berry, Macdaniel, ' and Mary Jones , and it was agreed that it ' should be done in Tottenham-Road, in order to ' entitle them to the reward offered there, &c. and ' that he persuaded him to go with him on or about ' the 7th of January, 1754, and they saw t he said ' Mary Jones walking by herself upon the road, as ' agreed upon between them before, in order to induce ' this informant to rob her; and he took from her, ' without the said Kidden's consent or assistance, two ' shillings and six pence in silver, one halfpenny, and ' a clasp knife, and then he and the said Kidden ' kept on the high road according to agreement, and ' when they got near Kingsland, Macdaniel appear'd ' in sight; then this informant withdrew, under pretence ' to case himself, and Macdaniel and Berry ' caused the said Kidden to be apprehended, and he ' was tried, cast, and executed for the same robbery ' in the February following; and that Berry, Macdaniel, ' and Mary Jones , did receive twenty pounds ' and forty pound as a reward for apprehending the ' said Joshua Kidden , and he received about six ' pounds of it for his share thereof. Sign'd, Thomas ' Blee.''

The Rev. Mr. Taylor. I remember Joshua Kidden being tried in this court for a supposed robbery on the person of Mary Jones .

Q. Was he executed?

The Rev. Mr. Taylor. He was. I attended him at the place of execution.

Mr. Gardner. In the month of February, 1754, I was ordered to give notice to the several claimants to the rewards, upon convictions at the Old Baily, and this of Joshua Kidden was settled among the rest. On March 1, 1754, at the request of the claimants in this particular reward, I attended them at the Salutation in White-Friars, there were Mary Jones , Stephen Macdaniel , John Berry , and Thomas Cooper ; I paid the 40 l. and they sign'd this receipt that I have in my hand.

Q. What was the reward?

Gardner. Fifteen pounds to Mary Jones , 12 l. to Macdaniel, 8 l. to John Berry , and 5 l. to Cooper the constable.

The receipt read to this purport.

'' Received March 1, 1754, of Mr. Henry '' Gardner, the sum of 40 l. in full of our respective '' parts and shares, allowed us for the conviction of '' Joshua Kidden for a robbery on the highway; '' and we do hereby authorise and desire the sheriffs '' of London to pay the said 40 l. to the said '' Henry Gardner .

'' Witness our hands, '' The Mark of + Mary Jones, '' Stephen Macdaniel , '' John Berry , '' Thomas Cooper . ''

Mary Jones 's defence.

I am very innocent, and know nothing of the affair, I trust to my council to speak for me.

Court. In a charge of this kind, your council are not at liberty to say any thing for you as to matter of fact, as to matter of law that may arise they may be heard, therefore you must make your defence as to the merits of the case, as well as you can yourself.

Mary Jones . I know nothing at all about the matter.

Berry's defence.

This Blee had rob'd my stable, and I went over the water to see for him, but could not find him. I saw Mr. Cox take him up in Newgate Street, then I went to justice Bell's on purpose to charge him, and I could not find him. They kept him incog.

Macdaniel's defence.

When I heard Blee was taken, I went to Ralph Mi at Deptford, who went with me to Mr. Cox's house, but he was not at home. Then I went to the coffee-house, and enquired for colonel Bell; he was not there; I then went to his office, but he was not at home. I saw his clerk, and told him that I heard Blee was taken, but he really said he was not taken.

Berry. I had four witnesses, but they are all dead. Hine and Buck were two of them. We have been kept 20 hours out of 24 in darkness, so that I had no opportunity to send for any other witnesses.

For Mary Jones .

Mary Davis . I have known Mrs. Jones almost 14 years, I live in Brokers Alley, and she did live in the same. She came to me about 9 or 10 o'clock one night, and said she had been rob'd of her money that very night, and look'd very much frighted. I have often heard her say there was money owing her in the country, and if she could not find the man out she should never recover it, but I don't know what man it was. She lived there and appeared publickly for about a year after that time, till she went to live with Mr. Swan. Sometimes indeed she was afraid of being arrested. She was bound for a woman for 9 l. and was obliged to pay the money.

Q. What sort of a character did she bear?

M. Davis. Our neighbours are very spightful, they are indeed, they will give no good character to any body.

Council. I hope they'll give you a good one?

M. Davis. I shall never go to them for a good character, I know where to have a good one.

Q. How long did she stay in Brokers Alley after this robbery?

M. Davis. It was above a year and a half after that.

Council. Consider.

M. Davis. It was above a year I am sure. She went to Mr. Swan's after that but she was to and fro at my house at times.

Council. I don't doubt but you have denied her when she has been at your house.

M. Davis. I don't know but I have.

Ann Davis . I am fourteen years of age next 20th of October. I am daughter to the last witness. I saw Mrs. Jones the night she was rob'd; she came in pretty late, but I don't know the exact time, and she seemed very much frightened. When she went to live at Mr. Swan's country house at Twickenham, I went with her, she was there open to all company, and went publickly about all hours of the day, and by water, but I remember two or three times she did not care to be seen for a debt.

Cross examination.

Q. What time did she come home that night she said she was rob'd?

A. Davis. It was past ten I am sure.

Esther Cope . I live in Brokers Alley, and have known Mrs. Jones about 6 or 7 years. She told me she was rob'd about two years ago, I can't remember the exact time; she lived about a year in Brokers Alley after that. She was afraid of being arrested, which made her keep up sometimes.

Q What is her character?

E. Cope. A very honest woman as far as I know.

Margaret Wilson . Mrs. Jones came and told me she had been rob'd, but I can't tell the time punctually. She said they had got a guinea of her, and to be sure she was frightned sadly.

Mr. Swan. I have known Mary Jones about 14 years. She told me in my house she had been rob'd of a guinea and some silver, and came to ask my advice whether she should prosecute the thief. My opinion was to prosecute by all means. She ask'd me if it was a crime to do it; I told her no, it was not she that hang'd the man, but the law, if guilty. She said they threatned to charge her with compounding felony if she did not. Who they were I don't know, whether Berry or who? She took my advice. She came to live at my house last Summer, but was backwards and forwards at times, and looking upon her to be an honest woman I left her in charge of my house in my absence. She attended my wife when sick for a whole month, and had the care of my plate and jewels. I never found the least thing amiss of her in regard to her honesty, and was she at liberty now, I should chuse her before any woman to trust in my house. My wife's father married her, and my wife has a great regard for her. I gave a thousand pounds bail for her appearance, and she has been intirely at liberty since. When I took her from my lord mayor's house I set her down, and bid her go where she pleased. I really never did think her guilty.

Cross examination.

Q. What made her so tender to prosecute?

Swan. You know some women have tender consciences, they are afraid to take away a man's life though guilty. When she made her escape out of the garden, she thought they were officers come to arrest her.

Robert Bugg . I have known Mary Jones 7 or 8 years. I never heard of her being out of the way till about three or four months ago. She was a visible person during the time she kept shop in Brokers Alley. I never knew any thing ill of her before this affair.

Jane Souden . I live at Twickenham, and have known Mary Jones upwards of three years. I have been told she was afraid of being arrested for a debt. I believe she had the sole command of Mr. Swan's house when they were out.

Charles Slaughter . I have known her three years and a half. I live at Twickenham. She had all the goods and plate in her care at Mr. Swan's.

George Marshall . I keep the Ship at Stamford Hill. At the time of the robbery there was a man and woman came to my house in a chaise, and had half a quartern of brandy; the woman said she had been rob'd; it was dark, and she seem'd to be much surprised, but whether she really was I can't tell. I don't know whether the woman came in the chaise or not, for she was out of it when I first saw her. I can't say I should know them again.

Thomas Edrington . I know Mary Jones , she was in my debt about January or February last, I got a writ against her, and sent an officer to Twickenham to arrest her about three or four days before she was taken up, but the officer did not find her.

Cross examination.

Q. Do you remember what she said to you about Berry and Macdaniel?

Edrington. She sent for me about 14 months ago, and said she heard Berry and Macdaniel were gone to Newgate, and she did not care to stay in my house any longer, for they would not value to swear away her life; and I can't say I ever saw her in her apartment afterwards.

Council for the Prisoner. What is her general character ?

Edrington. I never knew any ill of her, but there is a great deal said of her since this affair. Some have said she kept a bawdy-house where she lived before.

Ann Hudson . I live at Twickenham. When Mary Jones was taken up, she came to conceal herself in my house, and said she was afraid of being arrested for a debt. She never was in my house before.

Samuel Simplon deposed he had known her six or seven years. Mr. Cusworth five or six, Elizabeth Hyate six or seven, Elizabeth Sparks about six, James Fletcher about five, John Shooter sixteen, Richard Franklin seven, William Williams about three, Mr. Jones about seven, Joseph Brooks about twelve, and all gave her a good character.

For the Crown.

Elizabeth Harsnop and Mary Cornelus, being asked what was her general character, said, they had heard she once kept an house of ill same in Phoenix Alley.

Q. to Mr. Ford, Clerk of the Arraigns. Where is the Old-Bailey in London or Middlesex?

Mr. Ford. It is in the suburbs of the city of London.

Q. Where are all indictments for felonies tried?

Mr. Ford. Here in this place. If a perjury is committed here, it is tried here.

Q. Supposing a conspiracy and perjury, where is it tried?

Mr. Ford. The judge in that case has a power to try it in this court. Facts committed in Middlesex are constantly tried at the Old-Bailey, after the bills are found at Hicks's-Hall, and facts committed in the city of London are constantly tried here.

All three guilty . Death .

The jurors farther say, that Justice-Hall in the Old-Bailey is situated within the country of the city of London, and that felonies committed in the country of Middlesex have from time immemorial been accustomed to be tried there.

259. (L.) William Richardson was indicted for stealing one linen handkerchief, value 1 s. 6 d. the property of Charles Bowles , privately from his person , May 27 . +

Guilty 10 d.

See him an evidence last sessions against William Wells and Alexander Abrahams , No. 196, 197.

[Transportation. See summary.]

260. (M.) Thomas Webb was indicted for stealing 5 pewter plates, value 2 s. 6 d. the property of Thomas Frost , March 16 . +

Acquitted .

261. (M.) Catherine Field , spinster , was indicted for stealing one gold ring set with an amethyst and two diamonds, value 30 s. the property of Benoni Sedgeley , Feb. 16 . +

Acquitted .

262. (M.) Thomas Hide was indicted for stealing 3 silk curtains, value 5 s. and one cloth cushion, value 3 s. the property of the right honourable Henry, earl of Carlisle , March 19 . *

Guilty .

[Transportation. See summary.]

263. (L.) Richard Clements was indicted for feloniously and maliciously shooting off a gun loaded with gunpowder and leaden shot, at and against the person of William Wootton , May 23 . +

William Wooton . I am a bargeman . As I was rowing my barge from the Three Cranes down along shore, a man on board another barge swore at me, and blasted his eyes and limbs in a very terrible manner, and asked me whether I was going to row against his barge. I said, what reason have you to swear so, I am not going to touch you. He then threw fire-brands at me, and two or three of the scattered coals sell on our barge's head, which I flung at him again. I then heard him call for a powder horn, and say, d - n your eyes I'll soon stop your firing. I'll do for you; he then charged his gun and shot at me, and I have now one of the shot in my thigh; they were what we call No. 1. but I am not sure it was the prisoner at the bar, it was about eleven o'clock and very dark. My boy was shot also. There came assistance and tow'd my barge to shore.

Q. On which side of the water was you ?

Wootton. I was on the London side.

William Underwood . I know nothing about it.

Q. Then what have you got to say?

Underwood. Nothing at all as I know of, I can say nothing concerning the affair.

Q. Did you see Wootton was hurt?

Underwood. I did not, till after I came out of prison.

Q. What prison?

Underwood. Where they sent me to.

Q. Where was that?

Underwood. I don't know.

Q. What was you in prison for?

Underwood. Nothing as I know of.

Q. What do you come here for?

Underwood. I come here for nothing at all.

John Higins . I was one of the men on board the barge that the prisoner belongs to. I heard a gun fired off, but whether it was from our barge I can't be positive. I don't know any thing of the matter, whether Clements fired or not. Which way can we be sure when we were a hundred feet distance from him? I was in the head of her, but the firing seem'd to be abast.

Q. Was there a gun on board your barge?

Higins. There was.

William Spartley . I was on board the barge.

Q. Whereabouts?

Spartley. In the head of her. I heard a quarreling, but what was thrown or done I know not. I don't know who fired the gun.

Q. How many were there of you on board the barge ?

Spartley. There were six of us, and five of us were forward.

Q. Where was Richard Clements ?

Spartley. He was somewhere abaft.

John Bonney . I was at the head of the barge.

Q. Do you know who fired the gun?

Bonney. No.

John Perry . I was at Reading in Berkshire at the time.

Q. What do you know of the matter?

Perry. Nothing at all.

Q. What do you come here for?

Perry. I come upon examination, they wanted me to come here to answer to my call.

Q. Are you the owner of the barge?

Perry. No, I am not, I came in this man's room that stands at the bar.

John Catling . I am just turn'd of fourteen years of age. I was on board the barge with William Wootton , and know the gun was fired from off the barge which the prisoner and these men belong to, but who fired it I don't know. I have got a great many wounds about me made with the shot.

William Harrom . I was going down the river about eleven o'clock that night, I heard the people call one another names, and saw firebrands thrown out of the stern of the West-Country barge to the other barge, and heard them rattle. After that I heard a person swear a great oath, and he called aloud for something, one of the men said it was for a powder horn. I just kept clear of the barge's stern; in a moment I turn'd my head about and off went the gun. The prosecutor then call'd out for help, and I made all the haste I could to his assistance. The man and boy were very much hurt, he has been in the hospital.

Acquitted .

He was a second time indicted for feloniously and maliciously shooting off a gun at and against John Catling , May 23 .

Acquitted .

264. Bridget Quirk , spinster , was indicted for stealing one stuff gown, value 2 s. the goods of John Chester , May 7 . +

The prosecutor did not appear.Acquitted .

265. (M) Paul Bargier was indicted for stealing one linen sheet, value 1 s. one quilt, value 1 s. one blanket value 2 d. the goods of Dennis Coffe , May 11 . +

Guilty .

[Transportation. See summary.]

266. (M.) Martha, wife of James Freeland , was indicted for stealing one dimity waistcoat, value 12 d. one linen bed gown, one linen shirt, one silver salver, one silver cream pot, one silver bowl belonging to a punch ladle, and two gold rings , the goods of Michael Tited , April 5 .

Acquitted .

267. (M.) Daniel Freth was indicted for stealing 98 pounds of iron, value 20 s. the property of Thomas Milward , Edward Spencer , and Adam Spencer , May 9 . +

Acquitted .

268. (L) Charles Farrel was indicted for speaking seditious words against his majesty king George , April 8 . ++

John Moutlow . I live in Gravel Lane, Houndsditch , and keep a publick ouse. he prisoner was in my house on the 8th of April last about 7 in the evening, I was backwards in my kitchen, and heard him speak bad words respecting the government. I went into the fore room to him, and said, such words were not agreeable to me, and desired him to pay for his liquor and go about his business. He seemed to be pacified for a while, but soon began again, and repeated words worse than before.

Q. What words did he make use of?

Moutlow. He was damning his present majesty.

Q. Repeat the words he said.

Moutlow. They were so many that it is out of my power. I went and took hold of him, and said, you rascal what do you mean by making use of such words as these? He immediately cross'd himself, and told me I was a thief, and his present majesty was a thief, and he was determined to shoot him if it lay in his power, that he had no right to the throne. I am resolved as far as in me lies to set Charley on the throne, for he is the right heir, and he was in duty bound to kill us all, he being a catholick, with a great many more expressions of the like nature; he damn'd the royal family, and said he'd shoot his present majesty on the throne, and that he'd destroy them all.

Q. Was he in liquor?

Moutlow. I think he was not; but upon hearing those abominable expressions, I was in a great heat, so that I cannot be so good a judge as if I had been cool, or had been more used to him, having never seen him before.

John Oliver . I was at Mr. Moutlow's house, at the time these words were made use of by the prisoner. He confirmed the evidence of Mr. Moutlow.

John Stevens . I was at Mr. Moutlow's house and heard the prisoner make use of very bad words against his present majesty, and the royal family. He confirmed the testimony given before, with this addition, that the prisoner was quite sober.

Prisoner's defence. I have been out of my senses, and for that reason was turned out of the guards.

Guilty .

[Imprisonment. See summary.]

[Provide sureties for good behaviour. See summary.]

269. Richard Todd was indicted for stealing 7 printed books, intitled, A Compendium of Voyages, value 20 s. the goods of Thomas Jefferys , May 29 .

The Prosecutor did not appear.Acquitted .

270. John Murton was indicted for not surrendering himself according to his majesty's order in council .

There was no evidence produced against the prisoner, so the jury found the issue for the prisoner .

271. Robert Ogle , gent. stood indicted for the wilful murder of Francis Martin , April 10 .

His appearance at the bar seeming to discover he was not right in his senses, the following evidences were sworn, for the Middlesex jury to determine whether he was, or was not of sound mind and memory, fit to take his trial, &c. +

James Arlington . I have attended the prisoner ever since he has been in prison, which is about seven weeks.

Q. How has he appeared as to his understanding?

Arlington. Sometimes he has appeared as a madman, and sometimes not quite so bad.

Q. How have you observed him within this day or two?

Arlington. His mind changes several times every day, he does not at all seemed settled in his mind. In the morning he was a little flurried in his head.

Q. How was he yesterday?

Arlington. Yesterday he was quite mad.

Q. What has been his general behaviour since he has been in prison?

Arlington. I take him to have been a man out of his senses chief part of the time. He has very odd actions.

Q. Do these odd actions seem to be real?

Arlington. Indeed they are real. He looks out at the window to people in the yard, talks several languages that I do not understand, and points to people, and makes many mad motions.

William Nichols . I live in Mount Street, Grosvenor-Square. The prisoner lodged with me two years and a half last past, and at different times before.

Q. What has his behaviour been, like a man in his senses, or otherwise?

Nichols. Not in his senses. I have not thought him so at all, so much as I could wish.

Q. Do you remember the time of this fact, for which he was taken up?

Nichols. He went out of my house about a quarter of an hour before ten, and I did not see him till I saw him in New Prison.

Q. How was his state of mind then ?

Nichols. In a very indifferent manner, very bad.

Q. Have you seen him often since the time of his confinement ?

Nichols. I have, I saw him twice yesterday.

Q. Has he been capable of taking his trial since he has been in confinement ?

Nichols. No. I have mentioned his case to him several times, of what he is to be tried for; he took no concern about it, not so much as I did. I removed the affair of what was to come on to day, he said it was a day of very great importance. I said, I think of the utmost importance to you; he said, Never mind it, never mind it, and seemed to take no notice of it at all.

Q. As to his behaviour since he has been in prison, do you think it was counterfeit or real?

Nichols. Really, my lord, it is real.

Court. People that counterfeit are very often off their guard, did you see any thing that could induce you to believe that it was put on?

Nichols. It was real I am sure.

Q. Do you think he has been in a state of mind since his confinement, fit to take his trial, and to attend to a case of this nature?

Nichols. I think not, by reason he has so little regard about it.

Q. How long had he lived with you?

Nichols. From last Michaelmas was two years.

William Cane . I never knew him before his confinement. I saw him, I believe, two or three days after he was sent to New Prison. I went to him to take instructions relating to his defence; he said he did not know me, therefore would give me no instructions, and that he did not care if he had but an honest jury, for if the man was killed somebody else must kill him. When I told him it was out of dispute who killed him, all he would say to me was, nothing could happen to him if he had but an honest jury. He behaved very decent to me, but rambling in his mind from one thing to another, asking me what became of the French at Minorca. I do not think he behaved like a rational man; a rational man would have been concerned for this person he had killed; but he seemed to have no concern at all. I always found him in bed but once when I went.

Q. Upon the whole, do you think he is in a proper state of mind to take his trial?

Cane. I don't think he is capable of attending or minding the evidence, or remembering it when he has heard it.

The jury found him not of sound mind and memory .

272. (M.) William Small was indicted for stealing II pound wt of copper, value 7 s. the property of persons unknown, June 1 . ++

Acquitted .

273. (L.) Samuel Arrowsmith was indicted for forging a bill of exchange, drawn upon Henry Clark , to this purport,

' Sir, Three months after date pay to Mr. Samuel ' Arrowsmith, or order, one hundred pounds ' for value received, as by advice.

Your humble servant, T. Griffice.

' Dec. 23, 1754.

100 00

' To Mr. Henry Clark , Post-master. Bread Street, ' London. - Thomas Harris , George Miller , indorsed ' on the back of it'.

And for publishing the same, well knowing it to have been forged, with intention to defraud.

The evidence appearing deficient to prove the publication in London, he was acquitted , and detained to be sent down to the city of Gloucester to take his trial for the same.

274. (M.) Isabella Casey , spinster , was indicted for stealing one sattin capuchin, value 2 s. one sattin bonnet, value 1 s. one linen apron, value 3 s. and one linen handkerchief, value 3 d. the goods of Peter Jenkins , May 16 . ++

Guilty .

[Transportation. See summary.]

275. (M.) Thomas Bishop was indicted for stealing 8 guineas, one 36 s piece of gold, and 1 s. 6 d. in money numbered, the money of Arthur Fenwick , in the dwelling house of Robert Ireland , May 30 . ++

Arthur Fenwick . I am hostler at the White-Bear, Piccadilly . I lost 10 l. 5 s. 6 d. out of my pocket.

Q. Why do you charge the prisoner?

Fenwick. There was nobody with me but the prisoner, we were in bed together, and I had seen my money at going to bed, there were 8 guineas, one 36 s. piece and 1 s. 6 d.

Q. How came the prisoner to know that you had that money ?

Fenwick. He saw me put it into my pocket.

Q. How long had you known the prisoner before?

Fenwick. Better than a quarter of a year.

Q. Where did you put your breeches at going to bed?

Fenwick I put them under my head. I was called up between 3 and 4 o'clock, and left my breeches and money there, I put on another pair of breeches, and left the prisoner in bed, but I know he was up in the night, went to the room door, and came back again in his shirt. When I missed the money, I asked him after it; he said he knew nothing of it. I took him before a justice of the peace, he denied it there; all he said was, he would give me a note for the money, if I would take it.

Q. Where was he when he said that?

Fenwick. In Newgate, and before he went there, but he denied taking it.

Prisoner's defence. I am innocent of the fact laid to my charge. I never saw a farthing of his money in all the course of my life. I am a poor countryman from Salisbury, and have no acquaintance in London, because I always made it my care to mind my business.

Acquitted .

276. (M.) Henry Moses was indicted for stealing one silver pepper box, value 1 s. 6 d. the property of Robert Stockdale , May 18 .*

Robert Stockdale. On the 18th of May the prisoner was in my taphouse. I keep an inn in White-chapel , and do business for the farmers in the market. I was in the market, and the prisoner was taken by a servant of mine I went home into the taphouse, and was told the prisoner had got my pepper box. In the searching him the pepper box was found on the bench behind him.

Thomas Suredge . I live servant with the prosecutor. The prisoner was in our taphouse, and after he was gone I missed a silver pepper box out of our kitchen.

Q. Did the prisoner go into the kitchen?

Suredge. He did, sat down in a chair, and staid there about five or six minutes. I pursued after him, and took him about two rod from my master's door. I brought him back and charged him with taking it, he denied it; we sat him down on a bench in the taphouse, and found the pepper box behind him. Produced in court and deposed to by the prosecutor.

Prisoner's defence. I was going home and met with a gentleman, who ordered me to be at the Dolphin Inn, Whitechapel (the prosecutor's house) about four o'clock in the afternoon. I called accordingly, and asked the landlady if such a man was in the house; she said she did not remember every one's name that came into her house. I staid there above half an hour, and it being a cold day she asked me to go to the fire in the kitchen. The gentleman not coming, I was obliged to go home. I said, if the gentleman should call, to tell him one Mr. Henry Moses was here waiting for him a long time. Then I went, and had not got a great way, before the drawer follow'd me, and charged me with taking a silver pepper box. I said, you may search me; then he took me back again, and he and another man searched me; many people were by at the time, they found nothing, and one said let him go, as you find nothing upon him. They pushed me about, and would not let me go; presently somebody in the house found a pepper box, and when I heard it was found, I desired them to let me go. They then said I put it there. I told them I was an embroiderer, I lived well, and never was guilty of such things.

He called John Chase , Levi Isaacs , Emanuel Moses , Samuel Spencer , and Joseph Simons , who all gave him a good character.

Acquitted .

277, 278. (M.) Elizabeth Germain , spinster , was indicted for stealing 2 pair of silver buckles, set with stones, value 3 l. 1 silver buckle set with stones, value 4 s. 4 pair of silver buckles, value 20 s. 1 penknife, value 6 d. 1 gold ring, value 4 s. 2 copper buckles, value 12 d. the goods of Andrew Drybutter , May 1 . and Mary Lawson for receiving the two copper buckles, part of the said goods, well knowing them to have been stolen , May 15 . ++

Germain Guilty .

Lawson Acquitted .

[Transportation. See summary.]

279, 280. (M.) Mary Cockup , spinster , was indicted for stealing 2 silver spoons, value 10 s. 1 silver bodkin, value 1 s. 1 silver thimble, 1 silver pin box, and 1 silver tea spoon , the goods of Margaret Coleman , widow , April 1 .*

Guilty .

She was a second time indicted, together with William Cock , for stealing one cambrick handkerchief, value 12 d. 1 cambrick cap, value 2 s. 1 cambrick apron, value 2 s. 1 silver buckle, value 2 s. 4 guineas, and 1 half guinea, the goods and money of Thomas Russel , in the dwelling house of Barnour Chillingforth , April 18 .

Both Acquitted .

[Transportation. See summary.]

281. (M.) William Davies was indicted for that he on the 6th of March , about the hour of one in the night of the same day, the dwelling house of James Stonach did break and enter, 1 feather bed, value 10 s. 4 fustian curtains of a bed, 1 table clock, 1 looking glass, 1 iron grate, 1 pair of brass dogs, and 1 brass warming pan, the goods of the said James in his dwelling house, did steal, take, and carry away. *

James Stonach. My gardener came to me on the 7th of March last in the morning, and told me my garden-house at Pimlico was broke open. I went and found it so. I live in Westminster, and keep a maid servant in this house, and I go there in the summer time to lie as I think proper. I found the window was broke at the end of the house, and the shutter cut in three several places in order to get at the bar of the window. I missed a set of work'd curtains to a bed, a feather bed, a table clock, a alove grate, a brass sender, and two brass dogs, a sconce glass, a warming pan, and several other things not in the indictment, and I advertised them the next day. About the beginning of last month I was sent for by Mrs. Woodnut, a pawnbroker, who told me a man had brought two of the bed curtains, and the gilt sconce glass, to her house to pawn. I found there the curtains and the glass. She told me the man that brought them lived in Gardener's-Lane, Petty-France, at No. 13, where I found the prisoner, and several things belonging to me. The prisoner made great resistance, and it was with a great deal of difficulty he was secured, tho' I had two constables with me, but at last we got him into a coach, and carried him before justice Welch, where he confessed the fact. At first he said a man and his wife were concerned with him, but on the second examination he own'd he did it all himself.

Q. Were there any promises made to induce him to make this confession?

Stonach. No, none at all. He own'd he broke the house between 1 and 2 in the night, and lodged the goods in a cow house, till he could carry them to his own house.

Sarah Woodnut . Early in the month of May the prisoner at the bar came to my house with a pair of bed curtains to pawn. I lent him but a trifle upon them, because I knew the goods to be the prosecutor's property, and I was glad to secure them for him, so I sent him word, and he came and own'd them.

John Sherwill the constable confirmed the account of taking the prisoner, and finding the rest of the goods.

Prisoner's defence.

A person brought these goods to my house, and my wife accidentally took them in while I was out. I had some money by me, and I brought the things; but wanting to make up some money for my landlord. I was obliged to pledge them.

Guilty of Felony only .

[Transportation. See summary.]

He was detained to be tried for a burglary in Surrey.

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

Sentence respited 3.

Stephen Macdaniel , John Berry, and Mary Jones .

Transported for seven years 17.

David Levi , Mary Brangham , Elizabeth Buckhurst, Susannah Stevenson , William Richardson , David Jones , Edward Dadley , Thomas Hide , Mary Cockup , Charles Martin, Poul Bargier, Elizabeth Germoin , Edward Endser , Thomas Benson, William Davies, Matthew Hugins , and Isabella Casey.

To be branded 1.

Ann Burger , otherwise Burgess.

To be whipped 1.

Henry Crabtree .

Charles Farrel to be imprisoned in his majesty's gaol of Newgate for one year, and to find security for his good behaviour for a year after the expiration of the same.

Just published (2d Edition) Price bound 8 s.

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