Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 September 2014), July 1756 (17560714).

Old Bailey Proceedings, 14th July 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 Wednesday the 14th, Thursday the 15th, Friday the 16th, and Saturday the 17th of JULY,

In the Thirtieth Year of His MAJESTY'S Reign. NUMBER VI. PART II. for the YEAR 1756, Being the Sixth 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.

282. (M.) Sarah Griffith , spinster , was indicted for stealing 3 yards of gold lace, value 5 s. the property of William Simpson , May 29 . +

John Ridle . The prisoner took away three yards of gold lace from out of my room, when I was asleep.

Q. How do you know that?

Ridle. She was out of place, and (as my wife lay in) I let the prisoner be in my room till she could get a service. Upon missing the lace, I charged her with taking it. She own'd it, and directed us to the pawnbroker where she had pawn'd it. The constable went and brought it: he has it now in his custody. I am a soldier; and this lace I had to make up for sergeants cloaths.

Q. Whose property was it?

Ridle. The property of William Simpson . We took her before a magistrate, and she there confessed she took it.

Prisoner's defence.

The evidence sent me once before with twelve yards of lace cut out into loops to pawn.

Q. to Ridle. Did you send her with any lace to pawn?

Ridle. I did, as my wife lay in, and I wanted money; but I fetch'd it out again in a day or two.

Prisoner. His wife sent me with this lace that I now am charged with at three different times.

Ridle. They were taken at three different times, and were three different pieces.

Acquitted .

She was a second time indicted for that she, being a prisoner in Tothill-Fields Bridewell , did feloniously and wilfully go at large, and escape, without the consent of the gaoler .

Samuel Atersal . I am keeper of Tothill-Fields Bridewell, and the prisoner was brought to me by a constable with a warrant of commitment by justice Carkass. He produced the warrant.

Matthew Clark . I saw the warrant sign'd by Charles Carkass , Esq; I also saw the prisoner lock'd up safe in her ward between eight and nine at night; and after she was gone, when we took her up, she confessed that with a knife she wrench'd off the iron plate under which the lock goes, and got out into a garden, and by the help of some things which we found the next morning she got upon a wall which was fifteen foot high on that side, and twenty-five on the other side, where she jump'd down.

The warrant read in court to this purport:

'' Westminster to wit, To the keeper of Tothill-Fields '' Bridewell, or his deputy Receive into '' your custody the body of Sarah Griffith , brought '' before me by John Alexander constable, charged '' upon oath by John Ridle and her own confession, '' for taking and carrying away three yards of '' gold lace, value, 5 s. the property of his majesty, '' and her safely keep in your custody, till she is discharged '' by due course of law.

Charles Carkass .''

June the 9th, 1756.

Prisoner's defence.

I was there 3 weeks, and for four days without victuals, being obliged to eat the cabbage stalks off the dunghill, because there is no allowance for us.

Q. to Atersal. Is there no allowance for the prisoners?

Atersal. There is 50 l. per year allowed for those that are not able to support themselves; she never applied to me, or I should have relieved her.

Acquitted .

283. (L.) Jane, wife of - Page , was indicted for stealing one silver tankard, value 6 l. the property of George Nash , in the dwelling-house of the said George , July 7 . ++

Mary Nash . I live at the Black-Bull in Cow-lane , my husband's name is George; this day se'n-night the prisoner was in our house about five hours, from three till half an hour after eight.

Q. Had you your tankard then?

M. Nash. I had.

Q. When did you miss it?

M. Nash. I never miss'd it at all. The prisoner went out of the house, and I happening to be on the other side of the way saw her hustle something out of her left hand under her apron.

Q. Was she by herself in your house?

M. Nash. Yes, all the time she was there.

Q. Did you know her?

M. Nash. I never saw her before. I ask'd her the reason of her staying so long; she said a young man had promised to come by eight o'clock, and as he did not come she would stay no longer. I mistrusted she had got my tankard, and call'd out, Mistress, Mistress, thinking that if she had it she would discover it by running away. She ran away, and I after her; I saw her stop'd by Mr. Spencer: we were almost all together. She drop'd the tankard, and he took it up in my sight.

Q. How near was you to the prisoner when it was taken up?

M. Nash. I believe I was about 5 or 10 yards from her when I saw it drop.

Q. Did you see her drop it?

M. Nash. She was the nighest person, I saw her drop it. She ran, after the tankard was taken up, but was soon taken. I got a constable, and charged him with her. [The tankard produced in court, and deposed to.]

George Spencer . I was standing at my shop door in West-Smithfield, betwixt Cow-Lane and Chick-Lane, between eight and nine, when Mrs. Nash ran, and called out, '' Stop that woman.'' I ran, and going down Newcastle-Street, she drop'd the tankard, being the first turning on the right hand.

Q. Did you see her drop it?

Spencer. I did, I took it up.

William Gardner . I had just done work, and was talking to the last witness, when I heard the prosecutrix say, '' Stop that woman.'' I went after her, and saw the prisoner drop the tankard. She ran down a yard as far as she could, I laid hold of her, and we secured her.

Prisoner's Defence.

I am a poor woman, and go out a chairing for my living; I never did such a thing in my life before.

To her Character.

John Ward . I have known her, I believe, seven years; she lived with me two years at two several times: It is about seven years ago, and she behaved soberly and honestly.

Q. What has been her general character?

Ward. No worse since. I was as much astonish'd at this affair as if she had been my own child. If I had had a mint of money, I would have trusted her with it.

Elizabeth Hickman . I have known her between two and three years; she work'd and scower'd for me. I trusted her the day this thing happen'd; she never wrong'd me.

Sarah Horton . I have known her these 5 years; she did business for me two years, and never wrong'd me of the value of a pin, neither did I ever hear any ill of her.

John Brown. I have known her between two and three years. I would have trusted her with all I had in the world.

Elizabeth Brown . That last evidence is my husband. I have known her the same time, and believed her to be the honestess woman in the world.

Mary Cook . I have known her about two years, and believed her to be an honest woman. I would have trusted her with untold gold. I verily believe this to be the first fact.

Guilty 39 s.

[Transportation. See summary.]

284, 285. (M.) Elizabeth Pritchard , and Mary Burton , otherwise Mary wife of James Jones , were indicted for that they, together with Francis Eastwood , in the Dwelling-house of Elizabeth Pritchard , on William Feilding did make an assault, putting him in corporal fear and danger of his life, one cloth coat, value 6 d, one cloth waistcoat, value 6 d. and 8 s. and 6 d. in money numbered, his property, from his person did steal, take and carry away , June 1 . +

William Feilding . I was at the Spotted-Dog , Islington , where I saw Elizabeth Pritchard; I can't say I know the other woman. Pritchard said she had a great regard for my wife, so I gave her a pint of beer. She said, she followed my occupation.

Q. What is your occupation?

Feilding. Selling of old cloaths. She told me she had some to sell me. I went with her into her house.

Q. Where is her house?

Feilding. It is in a back place near the New-River, Islington; there I found Francis Eastwood lying all along. I had a bundle of cloaths to sell, a coat and a waistcoat. Francis Eastwood rob'd me of them and a case of rasors. I took hold of his arm while he was taking my money, and Pritchard flung herself across my body, and lay on me all the time.

Q. How much money did you lose?

Fielding. They took from me eight shillings and six pence. I have done my endeavour to take Eastwood, but cannot meet with him.

Pritchard's defence.

I never saw that man with my eyes but once before that morning; he came into my house that morning and desired to stay, and after that he went away with some of his country people.

Q. Did you ever get your goods again ?

Feilding. No, never.

Both Acquitted .

286. (M.) Eleanor Fletcher , spinster , was indicted for stealing one feather-bed, value 5 s. one bolster, value 1 s. one blanket, value 6 d. two linen sheets, value 2 s. the goods of Robert Swinney , in a certain lodging room let by contract, &c. May 28 ||

Robert Swinney . I live in Swallow-Street , am a carpenter and work journey work, and my wife lets out lodgings. I lost some goods, but she can give the court a better account of them than I can

Mrs. Swinney. I am wife to the prosecutor, and let the prisoner at the bar a lodging; she was with me about five weeks. She was to have paid me fifteen pence per week, but she never paid me but one week's money. She lay in a little table bedstead by herself. At five weeks end she kept away, and I feared she had taken away some of the things. I got some of my neighbours to look through a crack in her room door, who said, they thought the bed was gone. Then I went to look for her, and found her at a neighbour's house, hid behind a curtain. I took her home to shew me if all my things were safe. She went up with me into the room, and there I missed the bed, bolster, blanket and 2 sheets. I ask'd her where they were, but she would not own any thing till I sent for a constable. Then she own'd that she had pawn'd the bed, bolster and two blankets to Ann Fletcher , and the sheets to one Mr. Scriven. The goods produced in court and deposed to.

Q. What is the value of them?

Mrs. Swinney. A very small value.

Prisoner. The prosecutrix offered to take my note to be paid for them at Michaehmas, as she knew I had 5 l. left me.

Prosecutrix. I never offered any such thing.

Mr. Powell. I am servant to Mr. Scriven in Swallow Street, St. James's. The prisoner brought this pair of sheets ( here produced) and pawned with me; one on the 27th, the other on the 28th of May. for eighteen pence each. I have known her three quarters of a year; she used to bring things to pawn for her neighbours. I never heard any harm of her before.

Ann Fletcher . I live in George Street, Grosvenor Square. I am a pawnbroker. On the 11th of June the prisoner came to me, and said she would bring a bed of a gentlewoman's, and asked me if I took in things. I said any t hing honestly come by. She brought this bed the next day; and she also brought this blanket and bolster.

Q. Did she use your shop before that?

A. Fletcher. She had brought things three or four times before.

Prosecutrix. According to the date the pawnbrokers mention, she must have pawned them three weeks before she left her room.

James Douglas . I am constable. On the 29th of June Mrs. Swinney sent for me, and told me she had been robbed by the prisoner, who was then siting with her. I examined the girl, and with a good deal of talking to her she confessed she had taken the things mentioned, told where she had pawned them, and went along with me; where I found them accordingly. I took her before justice Trent, and he committed her. I had a search warrant, and the pawnbrokers delivered the things to me.

Prisoner's defence.

I was really in distress, and my design was to bring the goods again the day following after they took me. I take in plain work for my living.

For the prisoner.

William Barnes . I live in Shepherd's Court, in Upper Brook Street. I am a broker. I have known the prisoner from a child, and never knew or heard any ill of her in all my life till now.

Guilty .

[Transportation. See summary.]

287. (M.) Ann Martin , widow , was indicted for stealing one basket, value 1 d. one glass cruet, value 1 d. one earthen mug, value 1 d. one tea cup value a halfpenny, and 2 hempen towels , the goods of Samuel Olive , June 12 . ||

Samuel Olive . I am a painter , and was at work at a house in Soho Square . He produced a basket with the things mentioned in the indictment in it. This basket and things I had put into the parlour in the house where I was at work. I did not see the woman till I was called up, and then I saw her with the things in her possession.

John Olive . I am a carpenter, and was at work at the same house. I was coming from breakfast, and met the woman in the passage. I stopped her to see what she had got; she said she wanted some shaving, and asked me for some. I told her there were none and so let her go out. Then I went to look into the parlour, and seeing nobody there, I followed the woman to see what she had got, and turning her apron aside I there saw this basket. I asked her how it, and she said a chare-woman her for it. I knowing it was my brother's property, called him up, and he owned it directly.

Prisoner's defence.

I was coming through the square; there was a poor woman go into that empty house, and said, there find a basket. I went in for it very innocently, and I have suffered severely for it.

Guilty .

[Whipping. See summary.]

288. (M.) Ann Dean , spinster , was indicted for stealing one brass tea kettle, value 1 s. 6 d. and one bolster, value 2sthe goods of John Cole , in a certain lodging room let by contract, &c Feb. 11 . ||

John Cole . I live in Mec-t Street, Long Acre . I am a dealer and salesman in cloaths . I let the prisoner a lodging, but can't say the day of the month. She took the things mentioned in the indictment, and ran away on the 14th of February.

Q. How long had she lodged in your house?

Cole. I can't say

Q. How do you know she took the things?

Cole. She borrowed the tea kettle for her own use, and that very moment she went and pawn'd it. The goods produced in court, and deposed to.

William Humphrys . The prisoner brought these things and pawn'd them with me in Feb. last, either the 24th or 25th.

Q. What did you lend her upon them?

Humphrys. I lent her 4 s.

Q. Where have they been since?

Humphrys. They have been in my custody ever since.

Prisoner's defence.

The prosecutor's maid gave me the tea kettle to go and pawn, to fetch a flat iron out, to press a waist coat for him to go to Rag-Fair to sell; she said he had beat her for it, and turn'd her out of the house, and she lay in my room two or three nights. I did not take the bolster, that was one Hannah Smith that lay with me. She is a woman of the town that took it. I have got up and sat on the stairs all night, while she has had men there with her.

For the prisoner.

Jane Johnson . I went to see if I could make the matter up, and the prosecutor told me I should have come sooner, for if it was made up he must appear, but was very willing to make things easy.

Mary Start . I have known the prisoner from a child She served me half a year, I have trusted her in my room, and she never wrong'd me, nor did I ever hear any ill of her in my life

Prisoner. There is a gentleman on the jury knows me, if he pleases to speak to my character

G. Field. I have known her from a child, and never heard any ill of her before this.

Guilty .

[Transportation. See summary.]

289. (M) William Sibthorp was indicted for stealing 2 chissels, value one hammer, one adze, and two iron pins, the property of George Wheller , one chissel and one axe, the property of Thomas Pope , and one chissel, value 3 d. the property of William Tickler , June 13 . +

George Wheller . I lost several tools, but found only 2 chissels, one hammer, one adze, and two iron pins.

Q. Where did you meet with them?

Wheller. At Mr. Athill's.

Charles Athill . I am a broker. The prisoner brought all the things mentioned in the indictment at noon day, and I gave him a market price for them. Produced in court.

Wheller. (He takes out two chissels, one hammer, one adze, and two iron pins ) These are my property.

Thomas Pope . I was at work in the same house with Wheller, and lost a chissel and an adze. (He takes them from among the rest. ) These are they. The broker brought them all together.

William Tickler . I lost this chissel at the same time ( taking it in his hand.)

Prisoner's defence.

There was one John Webb came to my lodging on a Monday morning, and desired me to pledge these things, or sell them outright; and as I had sold things to this man, I carried them to him.

Athill. He never brought things to me in his life before. When I found these people had been robbed of them, I thought proper to take the prisoner up, and upon seeing him I went to secure him. He then had a saw in his hand, with which he made resistance, and was going to cut me down.

Prisoner. If I had stolen these things, is it likely I should go by this man's house afterwards ?

Guilty .

[Transportation. See summary.]

290 (M.) Margaret Howel , widow , was indicted for stealing one cotton gown, value 5 s. one lawn gown, value 8 s. one fustian waistcoat, and one linen bed gown , the goods of Theresa Hands , spinster , June 25 . +

Theresa Hands . The prisoner lived servant with me. I saw her in bed; then I went out, and shut the door after me, and when I came back I found her and the things mentioned were gone. I apprehended her; then she said she let a woman in that was her acquaintance, and she got up and took the things, and went away with them. She told me where they were, and I found one gown at the pawnbroker's by her direction. Produced in court and deposed to.

Q. Where does she live?

T. Hands. Her name is Pain: In Bow Street, Bloomsbury. The prisoner said she had fetch'd out some of the things and sold them.

Mr. Blake. I am constable. I was sent for to the prosecutrix's. I went with her to the pawnbroker; and found this gown there that is here produced.

Prisoner's defence.

Another person took the things away and pawn'd them, and I did all in my power to recover them.

Guilty .

[Transportation. See summary.]

291. (M.) Elizabeth Davis , widow , was indicted for stealing 2 a plates , one china punch bowl, one china bason, one china cup, one china saucer, 2 stone plates, one stone quart mug, one stone sugardish, one glass tumbler, 2 covers to chairs, 2 harrateen window curtains, and 1 copper saucepan , the goods of John Medley , June 22 +

John Midley . I keep a coffee-house , and the prisoner was my servant . I missed goods at times She had lived with me about seven or eight days. I told her I suspected she had broke them, and put them out of the way. She said, as they were lost since she had been in my service, she would pay me for them. I sent a servant to her lodging, and she returned with some of the things. Then I got a warrant for the prisoner, and found all the rest. (produced in court.) Here are all the goods mention'd in the indictment, except the tea kettle, which we left under the seat of the coach we came here in.

Q. Had you a character with the prisoner?

Medley. She told me to go and enquire at a batcher's in Great St. Andrew's Holbourn, where they gave her a very good one.

Q. Was the prisoner present when you found the things in her lodging?

Medley. No, she was not; she was sent to the Gatehouse. She was taken after that before the justice, and there she acknowledged she had taken away the things mentioned, and beg'd I'd forgive her, saying she'd be better for the future.

Catharine Collins . The prisoner lodged in my house from Sunday till Friday. The prosecutor's other servant came and found some of the things here produced; after that he, and the constable, and that servant came again, and I delivered the rest to them.

Mary M'Gear. The prisoner was a fellow servant with me at the prosecutor's house.

Q. Look at these goods here produced, do you know them?

M. M'Gear. I do, they are my master's property. I was present at their being found in the prisoner's lodging.

Charles Conner . I am a constable. Mr. Medley came to me with some of the china things that the last witness had found in the prisoner's lodging. We went and got a search warrant, and searching the lodging we found the other things; the next day Catharine Collins brought the curtains to my house, and said she had found them under her bed. I have had them in my custody ever since. The prosecutor owned them to be his property.

Prisoner's defence.

The things produced here are my own property

Guilty .

[Transportation. See summary.]

292. (M.) Priscilla More , spinster , was indicted for stealing one linen pillowbier, value 3 d. one piece of linen cloth, value 3 d. one handkerchief, value 3 d. and 3 s. and one penny three farthings , the goods and money of Samuel Toon , June 15 .*

Samuel Toon. The prisoner was washing at my house on the 4th of June. Her pocket bulged out, and as she was going by my wife she said, what have you in your pocket? Perceiving money they searched her, but I was not there. I know nothing more than what she confessed before the justice.

Q. Was that confession taken in writing ?

Toon. It was.

Q. Did she sign it ?

Toon. No.

Jone Toon. I am wife to the prosecutor. I took out one hundred and seventeen farthings and nine pence halfpenny out of the prisoner's pocket. I ask'd how she came to take that money from me. She made me no answer. There were several trifling things in her pocket, and the pillowbier was taken from about her waist. The handkerchief was found upon her, and she owned that all the things and money were mine, and that she took the money from our bedside.

Susannah Arnold . I was a nurse in the house. I happened to be there at the time, and saw Mrs. Toon take out of her pocket first bread and cheese, and after that some money; the pillowbier and handkerchief were tacked to her shift, and a piece of new cloth was tack'd to her gown.

Prisoner's defence.

There were a parcel of young children about the house, and I picked these things up, in order to carry them up stairs.

For the prisoner.

Leonard Fox . I have known the prisoner eight or nine years, I never heard any harm of her before.

Guilty .

[Branding. See summary.]

293. Mary Whitingham , widow , was indicted for stealing one pair of stays, value 8 s. and one linen cap, value 6 d. the goods of George Smith , June 30 .

The prosecutor not appearing she was Acquitted , and the recognizances ordered to be estreated.

294. Jane, wife of John Hudson , was indicted for stealing 40 lb. of lead, value 2 s. and 14 lb. of iron, value 1 s. the goods of Jonathan Forward , &c. July 1 .

None of the prosecutors appearing, she was Acquitted . and the recognizances ordered to be estreated.

295. John Ripping was indicted for stealing 11 pewter plates, value 5 s. the goods of Robert Forrest , June 25 .

The prosecutor not appearing, he was Acquitted , and the recognizances ordered to be estreated

296 (M.) Elizabeth Ward , otherwise English , spinster , was indicted for stealing one pair of stockings and one linen shirt , the property of Gowin Williamson . +

Elizabeth Williamson . I am wife to Gowin Williamson. I was brought to bed on a Friday, on Saturday the prisoner wash'd for me, and on Sunday she came for her money; that day I missed a pair of stockings. She came again on the Monday night to help me out of my bed, when I spoke to her to come again on the Tuesday morning, which she did; that morning I missed a shirt. Then I sent to the pawnbrokers about, and at one the corner of Russel-Court I found the stockings and shirt were pawn'd in the prisoner's name. [They were produced in court, and deposed to.]

William Wakefield . I am a pawnbroker, and live at the corner of Russel-Court. The prisoner at the bar brought a pair of stockings and a shirt, and pawn'd them with me. She brought the stockings on a Monday night, and the shirt on the Tuesday morning following; but they have been out of my custody some time, I can't say they are the same, but they are like them.

Guilty .

[Transportation. See summary.]

297. (L.) John Rawlins was indicted for stealing 12 d. halfpenny in money , the money of Tipping Rustate , June 17 . ++

Tipping Rustate. I am a grocer , and the prisoner was my servant . Having missed halfpence out of my desk several times, on the 14th of June last I took five shillings in halfpence to a scalemaker's, to be mark'd. The same night I put them loose in the desk, and in the morning there were six pennyworth gone. I took the rest out, and at night I put t he 4 s. 6 d. in again, and on the Wednesday morning there was 6 d. more gone, and on the Thursday morning 7 d. I then charged a constable with him, and found upon him 25 halfpence all mark'd, which I can swear to be mine.

Q. Was the desk always open?

Rustate. It stands upon the counter, and is always unlock'd. I put money therein, to defray the expences of the week; there is no lock to it. I took him before the alderman, where he own'd he took them out, but intended to put them in again.

Q. from prisoner. Did you ever miss any thing besides these?

Rustate. I missed half pence before, which was the reason I had them mark'd.

Q. Had not the prisoner liberty to go to that desk, and take out money?

Rustate. No, he had not; he was not shopman, he was porter.

Peter Lime . I am constable. Mr. Rustate sent for me on the 17th of June. The prisoner turn'd out 6 s. and 6 d. and a quantity of half-pence, out of which Mr. Rustate took up 12 d. halfpenny. The prisoner own'd he took them in order to buy a frock, but intended to put them in again (the halfpence produced in court) they have been in my custody ever since.

Q. to prosecutor. Look at these halfpence.

Prosecutor. They are the same the scalemaker mark'd for me.

John Goodman . I mark'd these halfpence at the request of the prosecutor with a dot in the letter G, and a scratch in the Britannia betwixt the arm and the body.

Prisoner's defence.

I had a frock brought home, which I had not money enough to pay for about me, so because I would not leave the shop I took the money out of the desk, and intended to put it in again.

James Peer . The prisoner lived with me nine months, and behaved as well as any body ever did; and if he was clear'd of this, I'd take him again.

Thomas Plumer . I have known him upwards of two years. This is the first thing I ever heard amiss of him.

Richard Harne . I have known him I believe about 3 years.

Q. What is his character?

Harne. A very good character for what I ever heard. He was porter where I served my time.

Guilty .

[Transportation. See summary.]

298. (L) Israel Levi was indicted for stealing one dozen of clasp knives, value 13 d. the property of , June 30 . ++

James Stewardson . I am servant to Ive Whitebread, Esq; and company. The prisoner has come to our warehouse for several sorts of goods in the hard-ware way. Of late we had reason to suspect she had stolen goods from us. On the 29th of June we laid out seven parcels of sundry kind of things on purpose. On the 30th he came between eight and nine o'clock into the warehouse and I watch'd him having suspected him before. Out of the seven parcels, one of the parcels was wrote upon four silver watches, but in reality they were only one dozen of knives. The prisoner took that parcel up, and put it into his pocket. About two minute after he was going off, when I call'd my fellow servant and we stop'd him at the door and secured him; a constable was fetch'd, but before any constable came the prisoner desired us to take the parcel out of his pocket, which we did. We took him before my lord mayor, and he was committed.

Q. Did he own or deny it there ?

Stewardson. He said, he supposed it tumbled off the counter into his pocket.

Cross examination.

Q. How long have you known the prisoner at the bar?

Stewardson. He has dealt with us some time.

Q. Do you know any thing of a silver watch being left with you?

Stewardson. It was a metal watch Iv left in my custody, as security for money for goods he had bought, not having present money by him. The good came to 30 s. When he was taken with these I looked at the watch, and it appeared not to be worth 5 s.

Q. Was you paid that 30 s.

Stewardson. Yes, I was, when the watch was taken away.

Q. Was you paid no more ?

Stewardson. I was paid 9 s. for a groce of watch I had paid for not half an hour before, and I charged him with taking them away, a it could be nobody else; so his friend paid me the 9 s.

Edmund Parkinson I saw this parcel (wr 4 silver watches. 12 clasp knives) taken out of the prisoner's pocket. Produced in Court.

Q. Who are partners with Mr. Whitebread ?

Parkinson. Mr. Gifford and Mr. Mead.

Prisoner's defence.

Stewardson went up stairs after me, and he put the parcel into my pocket; I felt his hand in my pocket. He put a trick upon me, because he did not like any Jew should come there. He had no business to take me up into the warehouse, as I knew of.

For the prisoner.

Henry Comforts . I deal in French paper boxes. On the Friday after the prisoner was committed to Newgate, his father came to me, and desired I would go and take out a watch that was pledged for 30 s I went on Thursday Mr. Stewardson shewed me the watch, and said he must yet have 9 s. because his master had lost 9 s. in goods, and he must pay his master. I said it is hard to pay it, if you could not swear it upon the prisoner; for he said he suspected the prisoner, but could not swear it: however, I paid it to him.

Q. How long have you been acquainted with the prisoner?

Comforts. I was not acquainted with him, I was with his father.

To his character.

- Bateman. I have known the prisoner about four or five years. I have bought goods of him several times, and never knew any ill of him.

Henry Invi . He always went out to sell goods for me, and honestly brought me the money.

William Hill. I have known him about five years.

Q. What is his general character?

Hall. He is very honest. I have trusted him on their sabbath, and would have trusted him from a shilling to a guinea. This is the first time I ever heard ill of him.

Benjamin Hall. I have known him about four year.

Q. What is his general character ?

Hall. I never heard of any stain upon his character before this time.

Guilty .

[Transportation. See summary.]

299. ( L.) John Evans was indicted for stealing one silk handkerchief, value 3 d , the property of John Scaber , June 18 . ++

John Scaber . About the 18th of June, as I and Mr. Wilson were coming Cornhill , the boy at the bar took this handkerchief out of my pocket, and as he was drawing it out I took hold of his hand; there was nobody else near us.

John Wilson . I and the prosecutor were walking arm in arm. I heard the prosecutor say, friend I don't thank you for picking my pocket. I seeing the handkerchief in the prisoner's hand, immediately laid hold of him, and we carried him to the watchhouse.

Prisoner's defence.

I was not near the man. I saw his handkerchief hanging three parts out of his pocket as I was going by.

Guilty .

[Transportation. See summary.]

300. ( M) William Hart was indicted for that he unlawfully and willfully did hunt , wound, kill, destroy, and carry away two fallow deer, the property of Ann. countess dowager of Albemarle , in a place inclosed with pales, where deer are usually kept . July 3 . ||

Joseph Marlbrough . I live at the sign of the Harrow, by lady Albemarle's park side, and am tenant to her ladyship.

Q. Who is in possession of the park at this time?

Marlbrough. My lady, and the present lord Albemarle.

Q. Is the park fenced in?

Marlbrough. It is all round with pales and posts as other parks are. There are ladder stiles, and gates upon them, and there is a park-keeper on purpose to look after the deer. My late lord bought it about 22 years ago; it then was a farm, and he made it a park to keep deer and hares in.

Q. What have you to say against, the prisoner at the bar?

Marlbrough. On Sunday was sen'night, about five in the afternoon, the prisoner and Thomas Cole came to my house and called for a pot of beer, and after that another, which they paid for, and staid about half an hour. After they went away, I thought by their scouting and leering about in the road, on the backside of people's house, and in the fields, that the park would be robbed that night. In the morning, about two o'clock, I got up to go a mowing; and going up the park, I saw a place where there had been a great deal of trampling about, and I smelt something like blood, and saw something on the ground which I ran my hand into, and found it was blood. Then I went to the ladder-stile near it, and found blood on both sides the ladder; and I also found blood upon the wall, about the quantity of three pints. This is a wall to keep the deer from going into the pleasure gardens. I looked over the wall and saw a paunch lying. I then went on the other side of the ladder-stile, and found a place where another buck had been stain, another paunch lying there.

Q. What place was this in?

Marlbrough. It was in the garden. I went down the path towards Barnet, where I traced blood on both sides of the stile that goes that way. I ran back to the keeper, and told him what I saw. He came with me with a gun, and we followed the track of the blood out of the park and across two fields. Then he said, I'll turn back and acquaint the Steward. I said, I'd find out the deer if I could. I went into the third field, wherein there were beans, amongst which I found a large white buck lying across the land, covered with the beans, and a little farther I found another buck tied up in a sack. Then I was afraid to stay, so came back and told the keeper what I had found. He came and saw them, and gave me his gun, desiring me to lie under a hedge, and take the person or persons that came if I could. The gun was loaded with pistol balls, and powder. The keeper went away to London to the steward, and came back to me again. I thought it not proper he should go quite up to the deer, fearing it should put the persons by from coming. He went home again, and in about twenty minutes after the prisoner at the bar came over the stile from Barnet way, ran directly to the first buck, and turning himself round drop'd on all fours, in the same manner as a Hawk drops upon a bird, and as quick; he turn'd it, and took it into the furrow.

Q. How near was you to him?

Marlbrough. I was about thirty yards from him, or something better.

Q. How far did the deer lie from the path way?

Marlbrough. About twenty-five yards.

Q. How far is the stile from the place where the deer lay?

Marlbrough. About forty or fifty yards, I believe.

Q. What time of the day was this?

Marlbrough. It was about five in the afternoon. I had lain there all that time, there had not a christian gone by but I saw them. I jump'd over the hedge, and went up to him. I said to him, Friend design, I insist upon your life, or your body dead or alive, for you are my prisoner; he ran five or six poles on his hands and knees. I told him, I had rather he'd design than to shoot him. I knew his life was better-than a burying. He had a great stick in his hand. He designed so far as to walk before me up to my house. We walked into the park, where he sat down at the root of a tree, and said, I'll go no farther, you may shoot me if you please; if I have done any thing, shoot me. I hallow'd out for help, and then he took his walk back-towards Barnet. I kept about fourteen yards from him, fearing his stick. When he saw other people coming after him with guns and other weapons; he ran, and I ran and kept distance with him till we came upon the top of Barnet-Common, where he cry'd out murder, and several people came out to assist him. I desir'd them to help me, and said I'd shoot the first man that assisted him, and said he was my prisoner. Then he fell into a ditch, and would not design then. There were some people that I feared would strive to save his life, and take away mine. There was a man on horse back that was on my part. I gave him my gun. The prisoner with his stick, and said he'd beat my brains out. I ran up to him, and flung him down. Then he said sixteen of you shall not bind me, I want only two good fellows. I found all the mob round for taking his part. I got his stick away, and then he was going to fight me with his hands. I took him into an alehouse and bound him, and then carried him to my lady house, and from thence to mine, and kept him there all morning. There was neither constable or a justice to be got in Barnet at that time. We brought him in a cart to justice Fielding's, and he committed him.

Q. What did he say before the justice ?

Marlbrough. He made himself very innocent; he would not know any thing about it. He said he did not know me or my house, nor the way to my house neither.

Q. Where does the park-keeper live?

Marlbrough. His name is Mr. Yakesly; he lives in my lady's house.

Q. Does my lady live there now?

Marlbrough. It is two summers ago since my lady has been there. The steward is there may be twice a week.

Q. Who pays the workmen and servants there?

Marlbrough. The steward pays me, but whether it is my lady's or my lord Bury's money I know not; it was never my business to enquire into that.

Q. How long did she live there after my lord was dead?

Marlbrough. I can't be particular. I know they kill a great deal of venison, some for their own use, and some to make presents of. There was also another buck found with his back and jaw broke; it was the second best buck in the park.

Mr. Ellis.. I am the officer that had the prisoner in custody, and carried him to justice Fielding. He was delivered into my hands between seven and eight o'clock on Monday was se'nnight at night, and I was with him at the other evidence's house all night; he would not own any thing.

Q. Where do you live ?

Ellis. At South Mints.

Prisoner's Defence.

The other man that was with me, named Thomas Cole , desired I would go with him to such a place. I was very much against it, and said it was a very unfair and unjust thing. He insisted upon my going along with him; so with a great deal of persuasion I went. He lives at Whetstone, and I at Barnet. He turn'd the dogs into the park, and they killed these deer. I would have had him to have left them there.

Guilty , Death .

301. (L.) William Philips was indicted for the wilful murder of John Beck . He stood likewise charged on the coroner's inquisition for manslaughter, June 15 . +

Edward Price . I was in Thomas Church's barge between eleven and twelve in the afternoon. The prisoner and John Beck had some word about pileing some coach fellies in Mr. More's wharf. They went backwards into the stern of the barge and strip'd to fight. They went at it at once. Philips was naked, the other in his shirt. Beck knock'd Philips down on his back. They got up again, and I'd have had them put their cloaths on, but they would not and went at it again; they had three or four blows, and the deceased received two blows, one on his ribs, the other on his temples, upon which he fell and never spake more.

Q. How did he fall ?

Price. He fell upon his face.

Q. Did he die of the blows he received at that time?

Price. I believe he did.

Q. Did he appear to be in good health before?

Price. He did.

Cross examination.

Q. Where did this quarrel begin?

Price. In the fore part of the barge.

Q. Did they go backwards by consent to fight ?

Price. They did, and had a fair set to. I'd have had the deceased put on his cloaths and he would not, but would fight on. The prisoner is a good natur'd man.

William Lawrance . I was on board when the prisoner and the deceased fought. I heard them quarrelling as I was pilling of the fellies in Mr. More's wharf, and heard them agree to go back in the barge to fight. At first the deceased knock'd down the prisoner. They both fell, and they got up again and fell to it again; and I saw two blows strack upon the deceased by the prisoner, one on the head, the other about the belly part; he then fell forward on his hands and face, and never spoke a word, not living ten minutes after. There was a surgeon fetch'd in order to let him blood, but he did not bleed. The prisoner put on his cloaths, cry'd very sadly, and ran out of the barge immediately.

James Beck . I heard the prisoner and the deceased quarreling; the prisoner strip'd naked, and the other to his shirt. The deceased knock'd Philips down, he got up again, and the next round the deceased was killed.

Guilty of manslaughter .

[Branding. See summary.]

302. (M.) Ruth Puckeridge , spinster , was indicted for stealing one linen shirt , value 2 s. two lawn aprons, four linen neckcloths, one cotton bed gown, one pair of lawn ruffles, one pair of muslin ruffles, one petticoat, and one handkerchief , the goods of Samuel Story , May 3 . ||

Samuel Story . I live in the Borough. I was in the Marshalsea a prisoner , and my lodgings were at Islington . The prisoner robbed me of the things mentioned in the indictment. I am just come out of prison. I went to Islington yesterday, and took her up, and carried her before justice Keeling. She confessed she took all the things mentioned, and pawned most of them to Mr. Gearar, in Goswel Street.

Thomas Bristone . I am headborough of St. Luke's. These things I found in Mr. Gearar's house upon a search. Producing two lawn aprons, four neckcloths, and a pair of lawn ruffles.

M. Gearar. These goods were pledged in the name of Ruth Puckeridge . A white apron was pawn'd the 27th of February for 1 s. The other things were pawned in her name, March 6; a shirt, 1 s. 6 d. She brought them at several times, but I can't swear to the woman.

Britstone. I heard her confess at my own house, and at justice Keeling's, her taking the things. She said she had the bed gown out of a box, and the other things out of the drawers.

Robert York . I heard the prisoner confess at justice Keeling's house that she had stole the things, and pawn'd them to Mr. Gearar, and a pink petticoat to Mrs. Barber.

Elizabeth Story . I am wife to the prosecutor. I trusted the prisoner while my husband was in trouble, she took away the things mentioned. I heard her confess she stole them six weeks ago.

Q. How came it you did not take her up before yesterday?

E. Story. I was willing to let her have time to get them again if she could.

Prisoner's defence.

I have been sick three weeks, and would have redeem'd the things if I could.

Guilty .

[Transportation. See summary.]

303. (L.) John Hutchins , otherwise Stone, otherwise Harris , Mariner , was indicted for publishing as true, a certain, false, forged, and counterfeit order for 25 l 10 s. to be paid to himself by the name of John Harris , purporting to be signed under the hand of John Welden , to bear date, Bristol, May 3, 1756. Directed to captain Cooper Spanten , with intention to defraud John Jarvey .

John Jarvey . I deal in coals at the Golden Sugar Loaf in the Fleet-Market . The prisoner came into my house the 24th of May , the first time that I ever saw him, and said he had taken a note of 35 l. at the Swan, at the lower end of Fleet Lane. I told him the man of the house was dead. He wanted some money upon this draft, and said he should bring a chest and bedding, in which there was the value of 400 l and a sword and ruffles in it. He produced the draft, and said he was afraid of being pressed. He said he came from Bristol, and the chest was come up in the waggon. I lent him a guinea and a half upon the draft, according to his desire, to pay for the carriage of the chest. He would not go without my man with him, on which I sent him in a coach, but he flung him and went away. I never saw him since, but in New-Prison this day week. He said when he came he was a boatswain, and could not write his own name, but he put a mark to the note. He had served several other people in the same manner.

George Basset Hutchens and Thomas Church deposed the prisoner attempted to get money of them in the like manner.

This appearing to be only a fraud, the prisoner was acquitted

Note, He was convicted the day before at Hicks's-Hall for a fraud of the same nature.

304. (M.) John Edgerton Saint was indicted for that he, with a certain offensive weapon called a pistol, unlawfully and feloniously did make an assault on the right honourable John earl of Radnor , with an intent the money of the said earl to steal, &c June 4 . ||

John Haines . I live at Twickenham with the earl of Radnor. On the fourth of June, a little before eleven o'clock in the forenoon, the prisoner at the bar came to the house, and asked if my lord Radnor was at home. I told him he was, but that he had been very ill all night, and was not stirring saying, Sir, if you are going further, and will please to call again in an hour time, he will perhaps be stirring then. Sir, said he, I am going as far as Teddington, and will call again. I gave orders to the other servant, if such a person called, to shew him the way into the parlour, and go up and let my lord know (I having told him of the person's calling after he was up which when he called the footman accordingly did. My lord said to him, Go down and tell him I will wait on him immediately. My lord went down, and I follow'd him. The first word that passed when my lord got into the parlour was. Your servant. Your servant, said my lord. Said the prisoner, you have a very pretty place here.

Q. Was you in the room?

Haines. No, but I could hear every word that passed; the door being open at the bottom of the stairs, and the wind at east, prevented the door from being shut close. My lord next said, a very small place; pray. Sir, sit down on this side me, because I am a little thick of hearing. The prisoner said, are you deaf, my lord? My lord said, a little. Then he said, I will not detain you any more. I must have your money immediately; this is my business with your lordship, and if you don't give me your money immediately, I'll shoot you thro' the body, or head ( I am not certain which;) my pistol is loaded with white powder, it will make no report. On hearing this, I said to the footman where is my blunderbus? He said, it is not charged. No matter for that, said I, fetch it; he ran and fetch'd it. I took it, went to the prisoner, and said, If you stir hand or foot I'll blow you into the wainscot this moment, and stood with the piece level'd at him. He said, do, shoot; so I will if you stir, said I, and stood like a pointer at him. I called for assistance, and the footman came with the jack in his hand that we pull off boats with. I order'd him to go up and lay hold of the prisoner, or else I told him I would shoot him thro' the head that moment. Accordingly he did, and then I trip'd up his heels, and thresh'd him very handsomely. We took him before justice Burkhead; and the pistol he had in his hand, who ordered us to see if it was white powder. I knock'd it against the pavement, and found it to be common black powder.

Q. Was there a ball in it?

Haines. There was a ball slit in two pieces. (He produced a letter). This letter the prisoner deliver'd to my lord, and own'd it was his writing; he afterwards said he wrote at Teddington, the hour he was gone thither.

It was read in court to this purport:

'' My Lord, being in the greatest distress obliges '' me to make this bold attempt; deny me not '' your lordship's purse, for I am loaded with white '' powder, and my resolve is dreadful. What '' through your goodness your lordship grants me, '' shall in three months with grateful thanks be '' returned. ''

Q. from Prisoner. Whether you saw a pistol presented to your lord's breast?

Haines. No, I did not, I was not in the room then.

Q. from Prisoner. Did you see a paper in his lordship's hand, and whether I delivered it him, or how he came by it ?

Haines. After we had taken the prisoner, my lord gave me this paper, which he said the prisoner delivered to him; I did not see him deliver it. I took it and put it into the prisoner's pocket book, which I have here (producing it.)

James Asplin . I am a peruke maker, and live in Gray's-Inn. I happened that day to carry two wigs to his lordship, about three minutes before the thing happened.

Q. What day of the month was it?

Asplin. I think it was Friday the 4th of June. I was down below combing out a wig that I was to shew his lordship. I heard a very great noise above. I went out of the passage, and asked what noise it was, fearing his lordship was taken ill. I heard Mr. Haines's tongue plain. The footman told me there was a thief in the house robbing his lordship. I went into the room, and there saw the prisoner on the floor, with both his eyes bruised. I helped to hold him while he was searched. I saw a sort of a memorandum book, a silk handkerchief, and a pistol taken out of his pocket.

Q. Was you before the justice ?

Asplin. No, I was not.

John Martin . I am gardener to my lord Radnor. My son came to me in the garden, and told me there was a great disturbance in the house, for a Man was robbing his lordship. I ran to the house as fast as I could, and to his lordship's room, when his lordship ordered, me to go back and call Mr. Wyne, a neighbouring, gentlemen that lived just at the back, of the garden, who is a great acquaintance of his lordship's. When I came back the prisoner was tied with his hands behind him.

Q. Did you go before the justice with him?

Martin. I did. There he own'd that he wrote the note with his own hand at Teddington, for my lord Radnor.

Q. Did he say for what purpose he wrote it?

Martin. No, he did not.

Prisoner's Defence.

As to the fact I am in utter ignorance of it. I know not that ever I saw him, or that ever I was at his lordship's house in my life. I have often been catch'd in my own room, and stop'd from murdering and destroying myself. I know nothing of it, not so much as a dream, nor the least single thought of it; let them swear or say what they will. People in London have seen me walk about, and have pitied me for being miserable, travelling about like a wandering spirit; I can rest no where. As to hurt mankind I never meant it, but I would willingly resign my life, it is not that I want to save it, (to send me hence is to free me from misery) I only beg your lordship to give me but a lawful chance, that's all I desire. I think I know a gentleman of the jury that I believe knows me, if he'll please to speak for me (pointing to Mr. Geff.)

Mr. Geff. I have known the prisoner some years. I never heard any thing amiss of him before this.

Guilty .

[Transportation. See summary.]

305. (M.) Hannah, wife of Thomas Allby , was indicted for stealing 3 linen aprons, value 1 s. 6 d. 2 pair of stockings, value 6 d. 1 pair of linen shift sleeves, and 1 cotton handkerchief , the goods of William Windsor , March 19 . +

Elizabeth Windsor . I am wife to William Windsor . I lost the things mentioned in the indictment.

Q. Why do you charge the prisoner?

E. Windsor . Because there was a hole broke out of her room into Elizabeth Wilkinson 's room, where, I had left the things mentioned in a bundle. I got a warrant from justice Manwaring, to search the prisoner's room, and found nothing but the handkerchief (producing it.) This I lost with the other things. The other witness can give a better account of it than I can.

Eliz. Wilkinson. The prisoner's room joins to my closet, where Mrs. Windsor's parcel was; but what became of the parcel I don't know.

Q. Do you know any thing of that handkerchief?

E. Wilkinson. Sarah Morison brought it to me, and ask'd me if I knew it to be Elizabeth Windsor 's handkerchief. I said, I believed it was hers.

Frances Wilks . I know the prisoner, but I never knew her to do any ill thing in my life. She gave Sarah Morison this handkerchief from off her neck, to go and pawn for her. Morison and I went and pawn'd it for six-pence, but who it belonged to we could not tell, only Elizabeth Windsor swore it to be hers; it may be the prisoner's own for what I know: I don't think any body can swear to a handkerchief with three pin holes in it, as she did; there are a great many handkerchiefs alike.

Q. Do you know any thing of the other things mentioned to be lost ?

F. Wilks. No, I do not.

Sarah Morison . I know the prisoner, but never knew her to wrong any body in her life. She ask'd me to carry a handkerchief to pawn for her, which I did, and brought her six-pence for it.

Prisoner's defence.

I am as innocent of the thing they charge me with as the child unborn.

Acquitted .

306. (M.) Mary Burket , single woman , was indicted for the murder of her female bastard child . She stood likewise charged on the coroner's inquest for the said murder, June 17 . +

Thomas Buckle . I live in the same house where the prisoner did.

Q. Whose house is that?

Buckle. One Mr. Bailey's; and she was servant to Mr. Bow, a singer in the play-house, who lodges in the same house. She was suspected by us all to be with child, but she denied it to he, mistress, and every one of us. One time I went up stairs with a bushel of coals for her. She said she was short breath'd, and could not go up four or five pair of stairs. She call'd me up into her own garret, to fetch her up two pails of water. I ask'd her what was the matter with her. She said she was short breath'd. I said, you are certainly with child. She said, no, she was not. I said, you surely are as much as ever my wife was; and with a great many words she own'd that she was with child, and that one Mr. Jones a taylor was the father of it.

Q. Who is this Jones ?

Buckle. He is a master taylor in York-Street, Covent-Garden. She had lived there before she came to live with Mr Low. I endeavour'd to persuade her to swear the child to Mr. Jones. She said she would not.

Q. Do you know any thing of a child being born?

Buckle. I was at the taking a child out of Mr. Bailey's vault, and I help'd to wash it.

Q. Do you know this was her child?

Buckle. I took her out of her mistress's room and carried her to the watch house, and said to her, how could you be so cruel to throw this child down the vault? She said, I do not deny the child's being mine, but I beg you'll take no farther notice.

Q. Where was you when you had this conversation ?

Buckle. This was as we were going along.

Q. Did any body else hear it?

Buckle. No.

Q. What are you ?

Buckle. I am a soldier, but am also a weekly servant to Mr. Bailey.

Q. When the child was taken out of the vault, how did it appear?

Buckle. It seem'd to be full grown, as far as I could judge, in all shapes.

Q. Were there any wounds upon it?

Buckle. No, none at all: But I did not take much notice of it.

Mary Hewit . I live with Mrs. Bailey. I went to the prisoner on a Sunday in the forenoon, and ask'd her what she had done with her child.

Q. What day of the month was that?

M. Hewit. I can't tell the day of the month. She did not resolve me then, but cry'd. I went in the afternoon, and ask'd her again, when she told me she had put it into a clout, and flung it down the necessary.

Q. Did you hear any thing of the child when it was born?

M. Hewit. No, I did not. She ask'd me to lie with her that night, but I did not, it did not suit; I had lain with her several nights before. As I declined it, she ask'd my fellow servant.

Q. What was your reason for declining it?

M. Hewit. Because I was to get up soon the next morning.

Q. Did you see the child after it was taken out out of the vault ?

M. Hewit. I did.

Q. How did it appear?

M. Hewit. I did not see any bruises.

Q. What did she say about it?

M. Hewit. She told me it was born deed.

Elizabeth Winter . I was sent for on the 22d of June before the justice, and ordered to search the prisoner. She was at the Round-house. I found she had had a child a few days before. I desired she might be put into a bed and taken care of. Accordingly she was. The coroner and jury ordered me to get the child cleaned, and bring it to them.

Q. Did you observe any marks of violence upon it?

E. Winter. No, I did not.

Q. Did it appear to be full grown ?

E. Winter. It did; it was two foot all but one inch long; and as fine a girl as ever I set my eyes on.

Q. Had you any conversation with the prisoner about it?

E. Winter. No, none at all. We were strangers to each other.

Prisoner's defence.

My child was still born.

Q. to M. Hewit. Was there any preparation made for the child?

M. Hewit. Here is some linen that I took out of the box (producing a shirt, a cap, a forehead cloth, a long stay, and a roller.

Q. How came you by them?

M. Hewit. Justice Fielding ordered the box to be brought to his house, and bid me search it. I did so, and found these things in it.

Q. Did she ever tell you she was with child?

M. Hewit. No, she never did. I had told her she was with child.

Q. What answer did she make?

M. Hewit. She never denied or own'd it to me.

Q. Had she ever said any thing to you about this linen before?

M. Hewit. No, she had not; she said she had things in the box, when the justice asked her if she had made any preparation.

Q. Who fetch'd the box?

M. Hewit. The justice order'd Buckle to fetch it, which he did.

Q. to Buckle. Was you sent to fetch the box by the justice ?

Buckle. I was, and Mary Hewit went with me.

Q. Did you open the box?

Buckle. No, I did not.

Q. Did you ever ask the prisoner if she had made any preparation for her child?

Buckle. No.

Q. Did she ever say to you that she had made any?

Buckle. No.

To her Character.

Ann Arnold . The prisoner was sent to my house from out of the country, and I got her this unhappy place.

Q. Did she give you any account of having any linen prepared for the child?

A. Arnold. No, she did not.

Q. What is her character?

A. Arnold. She has a very honest character.

Q. How long have you known her?

A. Arnold. I have known her ever since she came out of the country, which is about 20 months.

Mary Weinwright . I know the prisoner; and never heard any ill of her in my life. She always behaved very well, and never denied her being with child to me. She used to come on errands to me from her mistress, sometimes twice or thrice a day, for butten and cream, and what was wanting.

Q. Do you know any thing of her preparing linen for the child?

M. Weinwright. No, I do not; I never asked her that.

Ann List . One day I asked the prisoner how long she had to go, and she told me about a month; she never denied her being with child in the least to me.

Q. How long have you known her?

A. List. About four months, ever since she has been with Mr. Low. I often asked her about her lying in; she never denied it to me. I took her to be a married woman by her behaviour.

Q. Was she brought to bed near the time she said ?

A. List. It was about the time.

Q. What is her character?

A. List. I took her to be a very sober person.

Acquitted .

307, 308. (L.) Mary Alsop , widow , and Lewis Alsop , were indicted for the wilful murder of Joseph Hughes , for that Lewis with a certain knife made of iron and steel, which he had and held in his right hand, did strike and stab the said Joseph Hughes , on the left side, below the left pap, of which wound he instantly died; and Mary his mother, for being present, aiding and abetting the said Lewis to commit the same , July 4 . ++

Joseph Gamble . I live in Noble-Street, am a beadle, and attend the watch in Golden-Lane. I have known the woman at the bar many years, and I also known the lad. I was going to set the watch in Golden-Lane, a little before ten, in the evening of the Sunday before last. Just before I had ordered my men out, I was told a man was murder'd in Sun-Alley , which is about one hundred yards out of our liberty.

Q. Is it in London or Middlesex?

Gamble. It is in London . I took my lantern, and went to see about it. I went up two pair of stairs; where I saw Mary Alsop on her knees, wipeing up a great parcel of blood that lay on the floor with a dish-clout, and wringing it into a pail of water, as I stood on the landing-place by the deceased's room door.

Q. Was you told what house this murder was committed in?

Gamble. I was at the watch house in Golden-Lane, and I found it out by the mob. I went in to the deceased's room, and saw him lying on the edge of a bed, having a wound near the left pap, which appear'd to have been dressed by some surgeon. I think he was alive at that time, but meapable of speaking.

Q. What reach had you to think he was alive then?

Gamble. Because I clap'd my hand to his mouth, and thought I felt his breath; but he died before I came out of the room.

Q. Did he speak?

Gamble. No, he did not.

Q. Was there any body in the house besides the woman?

Gamble. There were two people, who shew'd me the way up stairs.

Q. Did you know them?

Gamble. No, they were strangers to me.

Q. Was the boy at the bar there?

Gamble. No, he was not.

Q. Did the woman live in that room?

Gamble. I can't take upon me to say that; here in a person to be called can give the court an account of that. After I had looked at the man I asked the woman at the bar who had done that: she answered me pretty smartly, my Son. I asked her where her son was; she said he was not in the room, he was run away she could not tell where.

Q. Did she say any thing of her being present at the time this murder was done?

Gamble. No, I thought it proper she should be secured, so I called a city officer, one Mr. Sands, and he took her to the compter.

Q. Did you enquire how the murder happened?

Gamble. No, I did not.

Q. Is she a married woman?

Gamble. I knew her former husband, but this man, the deceased, I was little acquainted with. After this I went to my own watch house, and about one o'clock in the morning we heard that the boy was at the Three Jolly Butchers in Swan Alley, Goswel-Street.

Q. What time was she carried to the compter?

Gamble. Between ten and eleven. We went and took the lad, whom we found in bed with his eldest brother. I brought the two boys to the watch-house; the little one, now at the Bar, cried and said he did it, that he threw a knife at him, and described the knife by saying there was How on the bride of it.

Q. Did you believe him?

Gamble. I could not tell now to think a child of his age could do it.

Q. Did he say he kill'd the man ?

Gamble. he said he did it. The lads were both committed to two separate prisons. After that we went before my Lord-mayor, who committed the woman and the little boy, and ordered the bigest boy to be detained; his name is George.

Q. What did the woman say?

Gamble. When I asked her the question, she said her son did it, but did not say which son; which was the reason we took them both up.

Q. Did you examine the woman afterwards?

Gamble. No, I did not.

Cross-examination.

Q. How old is the boy at the bar ?

Gamble. He told me he was ten years of age the first of this instant July.

Q. What did he say was the reason of his throwing the knife?

Gamble. He said the man had been beating his mamma; and that he threaten'd to destroy her and him too.

Q. Did the mother give you any reason why he threw it?

Gamble. No, she gave me no reason at all.

Q. Where was the boy when he said this?

Gamble. He was in the watch-house then, and very much.

Q. from a Juryman. Was you refused admittance when you was at her room door?

Gamble. I was not. There was a multitude of people at the house door, and I had much add to get through them to the door.

John Coombs . I live in Golden-Lane, just by where this misfortune happened. On Sunday was se'n-night, about five in the evening, the two prisoners and the deceased came to my house.

Q. What house do you keep?

Coombs. I keep a publick house. There was a young man along with them; dressed in black, who was reprimanding the deceased for his ill using the woman. and said if, any body was to use his mother in the manner he used far he'd crawl on his hands and knees to be down him.

Q. Did they quarrel then?

Coombs. No, there was no quarrel in particular then.

Q. Were there any blows?

Coombs. No? the boy and woman went away about eight o'clock, and lost the deceased and the man; they went away about nine, and in about half an hour after that I heard the deceased was murdered. I went to their room up stairs, and saw the deceased lying on the bed; his wound seem'd to have been dressed by a surgeon.

Q. Was he alive or dead when you went into the room?

Coombs. I can't say which.

Q. Was the woman in the room then ?

Coombs. No, she was not.

Q. Was the boy there ?

Coombs. No.

Q. Did you see Joseph Gamble there?

Coombs. I did.

Q. Was any body there that could give any particular account how the man came by his death ?

Coombs. No, only they said they had heard the Little boy had stabbed him.

Q Did you not make enquiry of the woman or boy?

Coombs. I never saw either of them afterwards till now.

Cross examination.

Q. What was the other person's name that was with them at your house?

Coombs. I don't know.

Q. Should you know him if you saw him ?

Coombs. I should.

Q. Did the woman endeavour to avoid quarrelling?

Coombs. I was not particular in my observations about that; they used my house, and have had words sometimes.

Q. Did you ever observe in particular who used to be the aggressor ?

Coombs. No.

Q. Do you know that they lived together as man and wife ?

Coombs. No more than I have heard so.

Q. Where did they live?

Coombs. In that room where he was killed.

John Pool . I am headborough, and live in Golden Lane. I was the officer of the night on the 4th of July, when I heard a rumour in the street that there was a murder committed in Sun Alley, on Joseph Hughes . After that, Jos. Gamble came and told me the man is murdered, and the boy that did it is fled; we are in pursuit of him, and hear he is in Swan Alley.

Q. How did he say he heard the boy had done it?

Pool. He said the boy's mother told him so. I went to Swan Alley in pursuit of him, but when we came there we found we were mistaken in the Swan Alley, for there we were told it was Swan Alley in Goswel Street. I went to the watch-house again, and about a quarter after one o'clock the beadle and watchmen brought the boy and his brother George to me. They told me they heard it was the son that did it, but which they did not know. I asked the eldest, named George, what he knew of the matter; and he declared he did not know any thing about it, but said his brother had told him he had murdered Joe Hughes . Then I turn'd about to Lewis, and said, what do you know of this murder? indeed Sir, said he, I did do it. Then I called for a pen and ink and examined him. First I asked him where he was in the afternoon; he said with his mother and Joseph Hughes at Mr. Coombs's, the Black Raven in Golden Lane.

Q. Did he say any body else was with them?

Pool. No, he did not. I asked him what time they went from thence; he said about nine o'clock at night to their lodgings in Sun-Alley. Soon after they were in the room, his mother and Hughes had some words together, and that he was very much frightned because Hughes beat his mother, on which he took up a knife which cost two pence halfpenny. I asked him how he came to know the price so readily; he said, because he bought it. I asked him if he knew the knife again, I having one put into my hand; he said, that is it, and there was the name of How upon it, and it was the same which he threw at Joe Hughes , (producing a knife) this is it. I asked him what distance he was from him; he said, about as far as from my chair to the window, which is about three yards and a half.

Q. Where did he say it hit him?

Pool. He said it stuck in his breast. I asked him where abouts; he said in or near his breast. I said, did you run away? he said he saw the blood come and then he ran away. I asked him if Hughes had a coat on, or was naked; he said he was button'd over the breast. I asked him where he ran to, he said to his brother, at the Three Jolly Butchers in Goswell-Street, where they took him and his brother out of bed.

Q. Did you ask him what he had to say against George?

Pool. I did; he said nothing at all. I took him to New-Prison, and sent George to Bridewell, and the next morning I took them before my Lord mayor. I was speaking to the constable about knife, and he told me there was another knife was likely to do the murder. He produceth another knife. [Note, they were both shoe-makers small knives, such as the deceased used in his business, he being a child's pump maker.]

Q. Did you shew the boy this knife also?

Pool. No, I shew'd him only one of them.

Cross examination.

Q. How came you by those knives?

Pool. My beadle brought them to me.

Q. to Gamble. Where were the knives found?

Gamble. The knives were found, the first in the window, the other upon the seat where the man work'd at child's pump making.

Q. to Pool. Did you hear the deceased had a knife in his hand at the time ?

Pool. No, I did not.

Q. Are both the knives mark'd How?

Pool. They are.

Q. Did you hear the boy say he had kill'd the man?

Pool. He said, indeed I have killed him, I have killed Joe Hughes indeed.

Q. Was it the biggest or the least you shew'd to the boy?

Pool. It was the broadest and longest. [Note, there was but a little difference in then.]

Q. from a juryman. Was either of the knives bloody?

Pool. The other that I did not shew to the boy seem'd to be the knife. Note, it was a little rusty. (The jury looks at it.)

Q. from foreman of the jury. I should be glad to know whether, when they were carried before my Lord-mayor, they had either of them any blood upon them ?

Pool. They both appeared the same as now.

Q. When you examined the boy in this manner, was the mother present ?

Pool. She was not.

Q. to Gamble. Was the mother present when you examined the boy?

Gamble. No, she was not.

William Purdon . I saw the boy at the bar come down stairs from his mother's room, and run into the court with a knife in his hand, saying he had done for him, as he stood in the court.

Q. Where was this ?

Purdon. It was in Sun-Alley, Golden-Lane.

Q. Did he mention any body's name?

Purdon. No, he did not. He upstairs and as soon as he entered the room he cry'd out terribly, and made a mournful sort of a none, calling out, come mother, come away; and then ran down again.

Q. Did she come down?

Purdon. No. The neighbours began to flock about the door, and four or five of them went up. I was one of the first, it was in a two pair of stairs room. The man lay on his back with his head in her lap, and her hand under his head. There was a great deal of blood on the floor. I ask'd what was the matter. She said he threaten'd to cut her throat, and her child had stab'd him. Then I went down to keep the mob out, I don't know how they proceeded farther.

Cross examination.

Q. Did the boy say he threaten'd to kill him and the mother, or only the mother?

Purdon. I mentioned only what the woman said.

Q. Was the deceased a quarrelsome sort of a man?

Purdon. I had not a great deal of acquaintance with him. They were but lately come to the house, and I thought to get rid of them as soon as possible.

Q. Was there a man in black in company with them?

Purdon. I know nothing of any other man.

William Sands. I was constable of the night, and hearing an out cry of murder I went to the deceased's room. Upon seeing him lie on the bed I took the woman into custody, and ask'd her if she was accessary to the murder. She said no. I ask'd her who did it. She said, her son Lewis.

Q. Did she tell you how he came to do it?

Sands. No, she did not. We took her away, and as we were going through Cripplegate the people ask'd her what she was going to gaol for. She immediately reply'd, only for killing her husband. Her apron was bloody, and I ask'd her how she came by it. She said she received a blow at a house in Golden Lane. Then I proposed to take the apron from her, left she should wash it, and say she had no blood about her. After this I went to the house she told me of in Golden Lane; the landlord's name is Crowson. I ask'd him if there were any difference between the deceased and the prisoner there. He said, they had not words to occasioned. After that I went into the room again, to see if I could find the instrument that occasioned the man's death, where I found a knife which had a trifle of blood and some sat on the other side of it. (he lives in the two produced, and takes out that was not produced to Lewis) This is it.

Q Is there any blood on it now ?

Sands. No, there is not. Here is the stain of the fat on it still.

Q. Where did you find it?

Sands. I found it on the seat where the deceased work'd.

Cross examination.

Q. Was the boy by when you had that conversation with the mother?

Sands. No, he was not.

Christopher Nicholson . I was at my own door, a little way from where the deceased lived. I saw him go pass me between eight and nine that night, and in about five or six minutes the boy now at the bar came down stairs, and made a great uproar in the court; which the man belonging to the house chid him for, and bid him go up again. He went within the passage, whether he went up again or not, I can't tell; but in a little time he came out again, and cry'd out, mother come down, let's go to my brother, for I have done his job.

Q. What answer did she make?

Nicholson. That I can't say. He ran down the court directly, and in about four minutes after I heard three or four heavy groans of a man.

Q. from a juryman. How far was you from the house the deceased lived in?

Nicholson. About five or six yards. [He describes it by the distance he stood, and a certain place in the court.] After that I went up, and saw the deceased lying in his blood on the ground. The woman at the bar had his head on her lap. I desired to see the wound. She pull'd his shirt away on his left breast, and shew'd me the wound; she then pull'd the shirt over it again, and I came down stairs directly.

Q Did you ask her who did it?

Nicholson. No, I did not.

Q. Did she say how he came by his death?

Nicholson. No, she did not.

Elizabeth Gwyn . I heard the woman at the bar say, the day before the murder, that Joseph Hughes went out with some work and brought the money home to her, and gave her two shillings and some halfpence (what I can't say) and kept half a crown in his pocket, and that he would spend it. Then the little boy went down to fetch a dram.

Q. What time of the day was this ?

E. Gwyn. It might be about five o'clock. When the boy was gone she said, if he did not give her that half crown she would see his liver.

Q. Where was you when you heard this?

E. Gwyn. It was in her own room.

Q. What did he say to that?

E. Gwyn. He made use of a very bad oath, and went down stairs.

Q. What sort of an oath was it?

E. Gwyn. It was blasting himself. She said, it he went into the skittle-ground she would go after him.

Cross examination.

Q. What are you?

E. Gwyn. I close and stitch shoes.

Q Do you live in the same house ?

E. Gwyn. I do not. I had closed and seam'd some shoes for the prisoner, and went there for the money.

Thomas Godman . I am a surgeon. (He takes the two knives in his hand) I am very well assured this is the knife that made the wound. [N. B. That was the last knife produced by the officer, not that which was shewn the boy.]

Q. Did you compare the knife to the wound?

Godman. I did.

Q. How far did the knife penetrate ?

Godman. The wound is betwixt the 4th and 5th rib, about half an inch in breadth, on the left side; it penetrated the thorax, and went obliquely towards the sternum, so deep as to penetrate the globe of the lungs, which must occasion present death, by the great effusion of blood.

Q. Could you conceive the boy at the bar at the distance of three or four yards could do this?

Godman. It does not tally with my reason at all. I think it must be done by somebody's hand; it penetrated quite into the substance of the lungs.

Q. Supposing the man had stood up, whether a boy of that age could throw a knife so as to penetrate in that manner the wound was given?

Godman. From the best idea I can form of it, I think the man was stooping, and I believe the whole blade of the knife was buried in his body.

Q. Did the knife appear to have gone through a coat and waistcoat ?

Godman. He was naked when I opened him. I observed the knife was covered with fat, and there is a part of fat in a man's body in that place where he received the wound.

Cross examination.

Q. Of what age is the boy at the bar ?

Godman. I have examined the books for it, but can't find it.

Mary Alsop 's defence.

The deceased went out that morning, and return'd between three and four o'clock; he then asked me to go with him a little way; I said I had no money, and he desired me to go and borrow some for him of the landlord. I sent the child to him, and he sent me a shilling. I gave it him, and we went to the Three Jolly Butchers. We had some words before we came home, and he said he had a good mind to stick me. We went to Mr. Crowson's, he began to quarrel with me there, and kick'd me over the legs several times. I made an excuse to go to the necessary house, and there staid and drop'd him. Then I desired the woman to tell my son. Lewis I was gone to the King's Head near Cripplegate. I went there, the deceased came to me, and gave me a punch on the head, and made my nose bleed; when we came home he pull'd me about the room by the hair of my head, and said he would kill us both. How the knife came to be thrown I know no more than the child unborn, I never saw it till he fell.

Lewis's defence.

I never said I had done for him.

For the prisoners.

Thomas Bourne . I went to the Black Raven in Golden Lane with the deceased and the woman at the bar; they had some words, and he gave her a kick or two there. She said to me, Tom, will you give me part of a pint? I told her I would. She said she'd go to the King's Head, near Cripplegate; she went out with an excuse to go to the necessary house. She went there, I went to her, and the deceased came in and gave her a punch on the nose, which made the blood come, and some of it fell upon her apron. I got up, paid for the pint of beer, and we all three went out. He said as he went up Redcross-Street that he'd lick her; I endeavoured to persuade him not, and they seemed very sociable when I left them.

Mary Poor . I heard the deceased say in her eldest son's room, he would finish her before night was over.

Q. When was this ?

M. Poor. Last Sunday was se'n-night. When she was gone I met the youngest boy at the bottom of the stairs; he asked where his mother was. I said gone home; he said, then she would be murdered, but before she shall be murdered I'll stab him; and her eldest son, named George, said it was good enough for her for taking up with such a man.

Jane Latchfield . I was in the eldest son's room when Lewis came up, and said he had heav'd a knife at Joe Hughes , and stab'd him.

Q. Did he say why he flung the knife at him?

J. Latchfield. He said he was beating his mother, and he flung the knife at him because of that.

Q. to Godman. Do you think a boy of his bigness could give a stab deep enough to occasion the death of a man, with that knife.

Godman. I believe he could.

George Alsop . I am son to the prisoner. About eleven o'clock in the day Joseph Hughes , my mother and brother came to see me. Joseph Hughes made a sad disturbance, and wanted to beat my mother in my room, and said he'd break her neck down four pair of stairs. I desired them to go home to their own lodgings, and not make a noise there. They went away, and about half an hour after, as I was in my room, my brother came and said, George, I have thrown a knife at Joseph Hughes , it cut him, and I saw the blood run. He was frightened, and desired me to let him be in my room all night I asked why he did so, he said because Joseph Hughes was going to dash his mother's brains out with the beating stones that they use.

Both Acquitted .

309. (M.) John Girle was indicted for the wilful murder of Thomas Roberts , Aug. 16, 1755 .*

At the request of the prisoner the witnesses were examined separate.

Sarah Roberts . The prisoner came to sell my husband, the deceased, some birds, on the 16th of August last, about six or seven o'clock in the afternoon.

Q. Where do you live?

S. Roberts. I live next door to the Bishop of Ely's Head , in a cellar in Holbourn . My husband was in the cellar, and I was sitting at the door The prisoner asked my husband if he wanted any birds, and he said no.

Q. What was your husband's business?

S. Roberts. He dealt in birds, being a cripple . The prisoner said, D - n you, you hump-back son of a bitch, if you was up stairs I'd punch both your eyes out. I said, sure you would not, take your answer and go about your business, we do not want any birds. He directly put a crab tree stick down into the window, and broke a cage that hung there. I went to push him away from doing farther damage. My husband came up stairs, and the prisoner made no more to do but put the crab-tree stick over my shoulder, and push'd his eye out.

Q. What did you do to him?

S. Roberts. I only push'd him away from the window.

Q. How long was the stick?

S. Roberts. I believe it might be about two yards and a half long.

Q. How near was your husband to you?

S. Roberts. He was pretty near me.

Q. Which eye did it go into?

S. Roberts. His left eye. My husband said, Stop the rogue, my eye is out. I directly turn'd my head, and saw the blood and jelly of his eye running down his cheek.

Q. What sort of a shove did you give him?

S. Roberts. Only with very good manners, and desired him to walk away. After this I followed him, and with assistance took him, and carried him before justice Fielding, who committed him to New-prison. But about ten at night he had the impudence to come and call down the cellar, saying, So, my lord, I am got clear. At that time nobody expected my husband's life a minute together.

Q. By what means did he get out of prison?

S. Roberts. I don't know that. I dressed my husband's eye with white of eggs and rose-water, for having a great family, and great rent to pay, I could not afford to go to a surgeon. From that time he never was well, nor ever held up his head; be was always complaining of his eye, and a shooting in his head.

Q. When did he die?

S. Roberts. He died the last day of March last. A few hours before he died he said to me, My dear, hang that rogue, for he is the death of me; he never could do any thing after, but I maintained him.

Q. What did he mean by that rogue?

S. Roberts. That was Jack Girle .

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

S. Roberts. I think the blow on his eye was. He never had a convulsion fit till the time of the hurt of his eye, and after that he had such strong convulsion fits that several people were obliged to hold him.

Q. What state of health was he in before?

S. Roberts. He was in a very good one before that.

Prisoner. The deceased ran up stairs, and struck me two or three times

Q. Did your husband strike the prisoner at the bar?

S. Roberts. He never struck him, nor gave him a word in anger.

Q. Did your husband punch him?

S. Roberts. No, nor touch him neither.

Prisoner. He follow'd me 9 or 10 yards.

S. Roberts. My husband was not two yards from the door, when it was done.

Q. Was it a strong, or what sort of a stick was it?

S. Roberts. It was a stick hard enough to run thro' a man's head instead of his eye.

Prisoner. I said if he would have no birds he might let it alone; then he ran up stairs with a stick and struck me. I said, what did he do that for. He said, if I did not like it, he'd give me another.

S. Roberts. As I hope to be saved my husband did neither strike nor push him.

Prisoner. She also shoved me from the stall.

S. Roberts. I had then two children in my arms, I could not shove him with violence.

Samuel Powel . Thomas Roberts was a tenant of mine, he had a room under my shop. I stood in my own shop and heard some words between the prisoner and evidence.

Q. What words?

Powel. I can't tell what words.

Q. Were they angry words?

Powel. They were. She endeavour'd to keep the prisoner from her birds as well as she could, and he was for knocking the cages about. She had two children in her arms, and could not possibly keep him away. Then the poor fellow he deceased came up; he was a poor object, a lame discrepid poor creature as one shall look at. There were some words passed between them, and in a very little time I saw a great slick push'd with the prisoner's right hand, darted as it were thro' his left hand thumb and fore finger. He made a motion the first time, and the second it went into the deceased's eye. The deceased's back was towards me.

Q. Did it seem to be level'd at his eye ?

Powel. It did. the deceased directly drop'd down, as he was endeavouring to get up to the prisoner, seemingly to lay hold on him. He cry'd out in a terrible agony after his eye was out. He was carried down into his cellar, and put upon his bed. I went down, and we got a surgeon.

Q. Where was his wife ?

Powel. She was then gone before the justice with the prisoner. The surgeon wiped the congealed blood and stuff away, and said we had better take him to the hospital, saying, there was something broke and the sight of the eye gone, and that it would be of bad consequence

Q. What was the surgeon name?

Powel. His name is Blackwell.

Q. How did it appear to you?

Powel. It was very bloody, and the sight appeared to be out. He had such strong convulsions with the agony, that several people could hardly hold him.

Q. Did you see the deceased offer to strike or push the prisoner?

Powel. No, I did not; he did not the least in the world.

Q. How long did he live after this?

Powel. He lived I believe five or six months afterwards, and then died.

Q. What sort of a stick was it done with?

Powel. It was a long crab stick, five foot high, with knots upon it.

Q. from prisoner. Whether you was out at the door when you saw the stick push'd in his eye?

Powel. I was in the shop.

Q. Could you see it there?

Powel. I could very easily. The prisoner stood on one side the channel, and the deceased on the other, about three or four yards from the door.

George Scott . I was in Mr. Powel's shop, and saw the deceased come out of the cellar. They had words about something before, but I do not know what. I saw the prisoner thrust his slick in the deceased's eye; they had a little scuffle together.

Q. Who began the scuffle ?

Scott. The prisoner offered to strike at the deceased's bird-cages, and the deceased endeavoured to prevent it: The prisoner went towards him, and put the stick in his eye.

Q. In what manner did the deceased endeavour to prevent him?

Scott. He closed with the prisoner.

Q. What do you mean by closing?

Scott. To hinder him from hurting the birds.

Q. What did he do to the prisoner?

Scott. He laid hold on the prisoner.

Q. Did you see any blows struck?

Scot. I saw the prisoner strike at the deceased but once.

Q. What was the consequence of that?

Scott. I did not go out of Mr. Powel's shop; what passed in the street I do not know.

Q. In what manner did the deceased lay hold on the prisoner?

Scott. He did not endeavour to strike him, but to prevent him from destroying his birds.

Q. from prisoner. Whether I came out of the cellar, or was only standing at the door?

Scott. He came out of the cellar.

Q. Are you sure of that?

Scott. To the best of my knowledge I think he did; I am not positive.

Q. from prisoner. Ask the woman if I was in the cellar at all.

Sarah Roberts to the question. He was only on the cellar stairs.

John Brown. The deceased was always in pain and misery thro' this misfortune.

Q. Was you present at the time it was done?

Brown. No, I was not.

Q. How was his eye?

Brown. It was exceeding large, and ready to come out of his head.

Q. Was it bruised or bloody?

Brown. It was red all round it; he cry'd out often with the pain and anguish of it, and at last said that was the death of him, which were the last words I heard him speak.

Q. What was the death of him?

Brown. That blow on his eye.

Q. Did he mention who gave him the blow?

Brown. He mentioned the name of John - I can't remember the other name.

Q. Do you know the prisoner?

Brown. No, I do not

Q. How long did he live after he said these words?

Brown. He died in a few hours after, I believe in about four or five.

Q. from prisoner. Whether the deceased did not go a catching of birds last Michaelmas, after the time he had the hurt, and about his other business?

Brown. Yes.

Q. Did you ever see him catch birds in that time?

Brown. No, I did not see him, but I know he was out.

Q. from prisoner. Had he no other distemper about a fortnight before he died?

Brown. No. none.

Prisoner. They say he had a fever.

Court. That will do you no service at all, if this injury occasioned it.

Elizabeth Briley During the deceased's illness he always complained of his head, and about his eye; he said he thought that was the occasion of his death, and that rogue had killed him.

Q. How long did he live after he received the hurt?

E. Briley. I believe about four or five months.

Prisoner's defence.

I was coming with my partner with some birds. I used to sell the deceased some for several years.

My partner went down into the cellar to him, with intent to sell him some birds. I stood by the stall, and his wife was by me. My partner came up and said he will not have any. I said, then he may jet it alone; on which his wife shoved me from the stall. I asked her what she meant by that, and shoved her against a table; he then came running up with a stick and struck me. I said, what is that for; he said if you don't like that I'll give you another. Then I took the stick out of his hands, but in twisting to get it from him, as it turn'd betwixt us, it struck him some how on one side of his eye. I was tried at Hicks's-Hall for the same offence, and ordered to be confined a year in Newgate, out of which I have been there ten months.

N. B. That indictment was laid only as a misdemeanor.

Court. There has an event happened since you was tried, the man's death.

For the prisoner.

Mary Whitehouse . I keep a stall at the corner of Hatton-Garden, and live at Mrs. Carpenter's, a butcher, in Chick-Lane. I was coming by the deceased's house and heard a noise; I saw Mrs. Roberts (I never saw the prisoner, or the deceased before) she said to the prisoner, you dog, you kick my bird cages about! you shall not. She had two children, one under each arm; there was a woman had a board with old books on it, and she put the children on that; she immediately collar'd the man, and he to get clear of her pushed her against an old table, which fell down; he got from her, and went as far as the Bishop of Ely's Head, when Roberts came out of the cellar, and ran after him; I met him, turn'd back, and saw them both have hold of a stick, struggling, and twisting it backwards and forwards.

Q. Had Roberts a stick in his hand as he ran?

M. Whitehouse. He had not to my knowledge.

Q. Was it the prisoner's ?

M. Whitehouse. I don't know that the prisoner had it.

Q. Did you observe any thing done to the deceased's eye?

M. Whitehouse. No, not till the woman cried out, and said her husband's eye was injured.

Q. Did she cry out before they had both hold of the stick, or after?

M. Whitehouse. It was when they had hold of the stick.

Q. Did you take notice of his eye upon her crying out ?

M. Whitehouse. No, I did not, for I went away immediately to the stall. I am quite an impartial person.

Q. Did you ever see the deceased after this?

M. Whitehouse. I did, and he then spit in my face, because I appeared against him at Hicks's-Hall.

Q. What are you?

M. Whitehouse. I sell fruit and oisters, and in prejudice to me they have hindered me of my bread as much as they could.

Q. to Powel. Did you see this woman there?

Powel. I saw her at Hicks's Hall.

Q. Did you see her on the spot when the man was hurt?

Powel. No, I did not I doubt whether she ever saw him or not.

George Lockey . I saw Roberts go about his business as usual; after his eye was push'd out he lived several months.

Q. When did he die?

Lockey. He died the latter end of last March.

John Hughes . I know that Roberts after his eye was beat out went about as usual, and lived till the last day of March.

Q. to Lockey. Did you ever observe the deceased to be quarrelsome ?

Lockey. No, I never did.

Q. to Hughes. Did you ever know him to be quarrelsome?

Hughes. No, not at all; and I have been often with him.

Q to Sarah Roberts . Did you see that woman Mary Whitehouse at the time this thing happened?

Hughes. No, I did not.

Q. Should you have seen her had she been there do you think ?

S. Roberts. I think I should; I have enquired, and found her character very bad. She lived with two or three fellows in that neighbourhood.

Guilty , Death

He received sentence immediately (this being Thursday) to be executed on Saturday following. Which execution was done accordingly .

The jury declared, they did not believe one word Mary Whitehouse had sworn. They desired she might stand committed. She was committed for perjury. &c.

310. (M.) Elizabeth Cooper , spinster , was indicted for stealing 5 guineas, and 7 s. in money numbered, the money of Lewis Longate , in the dwelling house of the said Lewis , July 1 . +

Isabella Longate. The prisoner had work'd with me at band-box making in my house. I having no place for her to lie, she sat up in my room she went out of my house by four o'clock, and came back again. I missing my money, sent for her up; and said, Bet, you have been at my pocket. She at first denied it, and afterwards own'd it; she gave me the money; and said, mistress, the money in yours indeed; and took it out of her boom and gave it me.

Q. What money did you miss?

I. Longate. I missed five guineas and some silver; I did not know how much. I would not have prosecuted her, but my neighbours said, if I did not, they would prosecute me.

Esther Lee . I did no t see the prisoner take the money, but I saw her deliver it to my mistress the prosecutrix.

Prisoner's defence.

I don't know any thing of the money. My mistress was a little in liquor, and I took it up; and when she asked me after it in the morning, I gave it her.

Acquitted .

311, 312. (M.) Anne Palmer and Jane East , spinsters , were indicted for stealing one linen shift, value 3 s. one silk handkerchief, value 3 s. one linen apron, three quarters of a yard of cambrick, two yards and half of lace , the goods of Thomas Martin , June 6 +

Thomas Martin . I employed Jane East as a servant . At times, in my absence, she took the liberty to take things by degrees out of my drawers, and pawn them.

Q. How do you know that?

Martin. After I took her up she confessed it, and signed her confession before justice Welch.

Q. Did she confess she stole the things mention'd in the indictment?

Martin. She did.

Q. Where did she say she pawn'd them?

Martin. She said she pawn'd them at three several places, some at Mr. Fryer's in Wych Street, some at Mr. Brigs's in Russel-Street, and some at Mr. Tucker's in Drury-Lane.

Q. What do you say against Ann Palmer ?

Martin. I have nothing to say against her, only seeing her go backwards and forwards to the other prisoner.

Sarah Brigs . The prisoner East brought a shift, apron, and handkerchief to me, and told me they were her own. I took them of her, and after that Mr. Martin came and claim'd them as his property.

John Fryer . On the 4th of June Ann Palmer came and pledged a remnant of cambrick and a remnant of lace to me for 3 s.

Q. to Martin. Had Ann Palmer any access to the room where these remnants were in your house?

Martin. No, she had not. I don't apprehend she took these things.

Elizabeth Tucker . The two prisoners came together, and East pledged a piece of lace with me, but she put it in Ann Palmer's name.

Q. Was Palmer with her when she pledged it?

E. Tucker. No, she was not that time (the goods produced in court, and deposed by the prosecutor.)

East's defence.

I was frightned before the justice. I know nothing of the things indeed.

Palmer's defence.

I am innocent of it, and know nothing of the matter.

For Jane East .

Elizabeth Mills . I have known Jane East ever since she was three years old, and never knew any harm of her.

For Ann Palmer .

Mrs. Walker. I have known Ann Palmer some time, and she always behaved well. She was servant with me nine months, I trusted her with all I had, and never heard any ill of her.

John Hyde . I have known Palmer between seven and eight years. She lived servant with me about half a year. I keep a publick house, and have trusted her a week or a fortnight together with the key of my till, and every thing I had, and would do it now if she was clear; if I thought she was not honest, I should not appear here now. I was headborough and had other business at justice Fielding's at the time the prisoners were there; I heard East there declare Palmer knew nothing of the matter.

Mary Hyde . I am wife to the last evidence. I have known Ann Palmer a great while, have trusted her from the top to the bottom of my house, and never missed a farthing in my life; was she acquitted I would take her in with all my heart.

Mary Bourne . I have known Ann Palmer betwixt eleven and twelve years, and know nothing ill of her. She has honestly work'd for her bread.

Ann Palmer Acquitted .

Jane East guilty .

[Transportation. See summary.]

313. (M.) John Wilkinson , clerk , was indicted for that he after the 25th of March, 1754. to wit, on the 25th of November, in the 28th year of his present majesty , at the Savoy did unlawfully, knowingly, wilfully, and feloniously solemnize matrimony between George Drawater , then a batchelor, and Mary Johnson , then a single woman, without first publication of banns of marriage in that behalf, or without any licence first had or obtained of a person having authority to grant the same, in contempt of our lord the king, and against the statute in that case made and provided.

Thomas Shields . I have known George Drawater and Mary Johnson some years.

Q. Where do they live ?

Shields. They live near the Old Barge House, Christ Church, Surrey.

Q. Do you remember their being married?

Shields. I do. It was in the precinct of the Savoy, I was there.

Q. How do you know they were married there ?

Shields. Because the young man, who was a fellow servant of mine, came to me in the morning, said they were going to be married, and ask'd me to give the young woman away.

Q. Did you give her away ?

Shields. I stood father, and saw the ceremony performed as in the church of England.

Q. What day was it?

Shields. It was in the morning about 9 o'clock, on the 25th of November, 1754.

Q. Was any body else by at the time?

Shields. There was one Elizabeth Weeks , who went with us.

Q. Was there any agreement with the minister previous to the marriage ?

Shields. I went to Mr. Wilkinson who now stands at the bar, to agree for them to be married.

Q. What agreement did you and he make?

Shields. We agreed for a guinea; Mr. Wilkinson said he generally had a guinea and a half: I said they were poor people's children, and could not afford any more than a guinea; and for that it was done.

Q. And were they married?

Shields. They were really married, to my thinking as lawfully as ever I was.

Q. Before they were married, what did he say to the young people?

Shields. He asked them where they lived; they told him at the Old-Bargehouse in Surrey.

Q. Did he ask them their ages?

Shields. He did.

Q. What answer was made to that ?

Shields. The young man was of age, and the young woman not.

Q. Were either of their parents there?

Shields. No, they were not.

Q. Who married them?

Shields. They were instantly married by Mr. Wilkinson.

Q. from prisoner. Did you see a licence?

Shields. I did not see it sign'd, but I saw what they call'd a licence fill'd up after the marriage.

Cross examination.

Q. Were they neighbours children?

Shields. They were, but I live at Somerset-house.

Q. Do you know whether they had the consent of their parents?

Shields. I know they had; I have often been in company with her father, and have heard him give his consent.

Q. When they went to be married, whether the reverend gentleman asked her age?

Shields. He did.

Q. Upon her telling him her age, whether he did not say he could not marry her without the consent of her parents?

Shields. He did so.

Q. Upon that did you and Elizabeth Weeks declare you knew the parents were consenting?

Shields. Yes, Sir.

Council for the crown. Was there any affidavit taken about that?

Shields. No, Sir.

Prisoner. Here is the licence (producing a writing on parchment.)

Council for the prisoner. (He takes it in his hand) Here is wrote upon is a memorandum, that shews there was that consent signified; did you look upon it to be a lawful marriage, when you went about it?

Shields. Indeed I did

Council for the prisoner. Did you think Mr. Wilkinson had a right to marry by licence?

Shields. Yes, I did.

Council for the crown. So much the greater crime in the man that deceived them.

Council for the prisoner. Did you imagine this to be a place to marry lawfully at?

Shields. I did.

Council for the prisoner. Was it done privately?

Shields. No, it was not.

Council for the crown. Before the late act of parliament did you ever know any thing of a marriage there by Mr. Wilkinson without a licence?

Shields. No.

Council for the prisoner. Did he not seem to act with the greatest caution?

Shields. He did.

Council for the prisoner. Do you think he married them with that caution, and his behaviour was so decent, that he would not have committed such an act if he had thought it illegal.

Shields. Indeed I don't think he would have married them, if he had thought it illegal.

Council for the crown. Before the marriage, what writing did you see sign'd?

Shields. There was a writing with Mr. Wilkinson's name on it fill'd up after the marriage.

Council for the crown. By whom was it filled up?

Shields. By Mr. Philips the clerk.

Mary Weeks . I know George Drawater and Mary Johnson .

Q. Where do they live ?

M. Weeks. In the parish of Christ Church, Surrey.

Q. Was you at their marriage?

M. Weeks. I was, it was in the Savoy Chapel.

Q. Do you remember what day it was ?

M. Weeks. To the best of my remembrance it was on the 25th of November was twelve months, but cannot be positive.

Q. Who were they married by?

M. Weeks. I think it was by the gentleman at the bar.

Q. Who else was along with you?

M. Weeks. Mr. Shields was, he went to Mr. Wilkinson first, and acquainted him with the marriage of the couple.

Q. How do you know that?

M. Weeks. When he came back he said he had agreed with him for the marriage for a guinea, as he was a neighbour, and we all went to the chapel, where they were married.

Q. Did Mr. Wilkinson ask them any questions?

M. Weeks. He did, he asked Mary Johnson what age she was, she said nineteen; he asked George Drawater , he said between four and five and twenty. He asked if it was by the consent of parents, to which he answered yes, with the content of her father and mother both; he asked where they lived, He said in Christ-Church Parish, Surrey. I can't say I remember all particulars that passed. They were married directly.

Q. Have you ever been at other weddings?

M. Weeks. I have.

Q. Was this ceremony the same?

M. Weeks. It was.

Q. Who were they married by?

M. Weeks. Dr. Wilkinson they called his name.

Q. Are you sure this is the same person?

M. Weeks. I believe this is the same.

Q. Had they a licence?

M. Weeks. They had, by Mr. Wilkinson. There was something wrote in it, but I can't remember what I went along with them the Sunday before to Mr. Shields's house, to enquire whether such was a lawful marriage; he said, he had heard say it was as lawful a marriage as any in England; and Mr. Shields mentioning it to Mr. Wilkinson that they were afraid the marriage was not lawful, the Doctor said it was as lawful as any marriage in England.

Cross examination.

Q. Did he endeavour to conceal his marrying of them?

M. Weeks. He made no dispute of people's comeing in.

Council for the crown. There was a thing produced, whether there was any thing wrote on it before or after the marriage?

M. Weeks. That I don't know.

Council for the crown. We shall now read some papers sent by the prisoner at the bar, which will not only shew he was not ignorant of what he was to be tried for, but the methods he made use of to prevent his coming to trial.

' The King against John Wilkinson .

' To John Sharp , Esq; solicitor for the treasury.

' SIR,

' Please to take notice that I will appear next ' general sessions of gaol delivery of Newgate, to ' be holden for the county of Middlesex, at Justice ' Hall in the Old Bailey, on Wednesday the 10th ' day of September next, to take my trial upon ' the three several indictments found against me in ' May sessions last, for felony, and now depending ' before that court. Dated the 13th of August.

' I am, Sir, your humble servant. ' John Wilkinson .'

The countermand read, directed to John Sharp, Esq;

' The defendant. John Wilkinson , finding it ' impossible to take his trial at the next ensuing ' sessions at the, Old-Bailey according to his notice ' of the 13th of August last, as he sincerely intended, ' from real accidents, the truth of which I ' know and which were not in his power, to prevent, ' oblige me to give you the earliest notice of ' it; and accordingly, Sir, I give you notice, that ' he cannot surrender himself at the ensuing sessions, ' but will surrender himself at the sessions of gaol ' delivery of Newgate, to be holden for the county ' of Middlesex, at Justice Hall in the Old-Bailey, ' on Wednesday the 22d day of October next, and ' take his trial upon the three several indictments ' there depending against him for felony.

' I am, Sir, your most obedient humble servant, ' E. P. Delaporte.'

William Carter . I was tipstaff to my late lord chief justice. I had a warrant against the prisoner at the bar, dated the 17th of May, in the 28th year of the reign, &c.

Q. Upon what occasion was that warrant taken out against him?

Carter. Because there were indictments found against him.

Council for the prisoner. We admit that he did absent himself, and of all the endeavours to apprehend him.

Thomas Latter . I live in the Savoy.

Q. When did you see the prisoner there last?

Latter. I have not seen him there since March 1755, to my knowledge.

Q. Are you constantly there at the chapel?

Latter. I am very constantly there.

Q. Were marriages carried on there then?

Latter. Yes, and other people officiated for him.

Q. Do you remember a letter you received from him about shutting up the chapel?

Latter. I do (be produced it.)

Q. Do you know the hand writing?

Latter. I believe it is Mr. Wilkinson's.

Q. Have you seen him write?

Latter. I have.

It is read to this purport.

Directed to Thomas Latter , Turk's-Head in the Strand.

' As for your sending for the register I impute it ' to your ignorance, but should you dare to padlock ' the chapel doors, or make any disturbance, ' you may expect a vigorous prosecution. As for ' your adviser, or indeed your director, I well ' know, therefore despite them.

Your's. ' John Wilkinson .'

Q. from prisoner. I want to know by whose authority you sent to demand the register of me.

Latter. In the year 1755 Mr. Wilkinson ordered a new register book; as it was not paid for, the person that sold it came to me, I being chapel warden. I told him I was not certain whether I had a right to pay for it, as it was in the Doctor's hands, but said I would enquire about it. I called a vestry to have the consent of the inhabitants, and the people ordered the vestry clerk to write, to know if Mr. Wilkinson would deliver up this register or not. If he did I was to pay for it, and it not he was to pay for it himself. I was told he would not give up any book belonging to the chapel. This was on the 10th of October, and on the 15th I received this note from the doctor's hand.

Q. from prisoner. By whose authority did you act?

Latter. By Mr. Gibson's insisting upon my paying for the book, so I sent for it.

Council for the crown. Before the late act of parliament who used to keep the register?

Latter. I really can't tell. The old register used to be in the old clerk's hands, but after he died the chapel warden used to keep them.

Q. Till what time?

Latter. I believe till about four years ago, but I am not positive.

Q. from prisoner. Did you ever know one chapel warden to make an entry of one marriage, burying, or christening, or whether it is not customary for the minister to keep the register?

Latter. I should think the officers should have it in their power, as well as the minister, to keep the register.

Council for the crown. We will rest it here for the present.

For the prisoner.

William Forrest . I live in the Strand.

Q. How long have you lived there?

Forrest. Twenty six years.

Q. Do you live within the Savoy precinct?

Forrest. I do.

Q. What are you?

Forrest. I am a linen draper.

Q. What has been the constant repute of the Savoy Precinct, whether it is a peculiar jurisdiction, or under the power of the bishop of London?

Forrest. I never thought it was subject to any jurisdiction.

Q. Have you served any office in the Precinct?

Forrest. I have served all offices. I have been overseer twice, chapel-warden once, and never found they were accountable to any but amongst themselves.

Q. Did you ever look upon the chapel or precinct to be subject to the diocesan visitation?

Forrest. No, I never did.

Q. Was any of you ever called upon to attend upon that jurisdiction?

Forrest. No, never.

Q. How have marriages been celebrated there since your time?

Forrest. They have been from time to time by the minister reputed to be so.

Q. What was the repute of granting licences, whether they were granted by the minister of the place, or by licences granted by the bishop?

Forrest. I am not a judge of that, because I never saw either.

Q. All the time you knew it, was it call'd a peculiar and exempt jurisdiction ?

Forrest. Always.

Cross examination.

Q. Was you examined on the trial of Grierson ?

Forrest. I was.

Q. Did you ever hear of any probates of wills being granted there?

Forrest. No.

Q. Did you ever hear of administrations granted there?

Forrest. No.

Q. Did you ever know of any minister before the late act of parliament grant any licences to marry?

Forrest. I never saw one marriage solemnized there.

Q. Where are your wills proved?

Forrest. I believe in the commons.

Council. And administrations too?

Forrest. Yes, I believe so.

Q. Is this a parish?

Forrest. No, it is a precinct, and a royal chapel, as I understand.

Q. Did you ever hear of any officer of the chapel, that had a seal of office?

Forrest. I have heard so, but never saw him. I have heard of the duteny seal of Lancaster.

Council for the prisoner. How long have you known Mr. Wilkinson ?

Forrest. I have known him twenty-six years.

Q. What has been his behaviour and character, as a clergyman of the church, during that time?

Forrest. I never saw any thing censureable in his character, I never heard any thing material.

Council for the prisoner. Whether his conduct has not been such a became a Christian, a minister and pastor of his stock there?

Forrest. I believe it has.

Council for the prisoner. You say you never knew of any seal, but did you or did you not hear of a seal that was formerly kept by an officer for the probates of wills?

Forrest. I have.

George Dorman . I live in Cecil-Street, which is in the precinct of the Savoy.

Q. How long have you lived there?

Dorman. About twenty years.

Q. What has been the repute of that place as to its jurisdiction ?

Dorman. I always understood it was a peculiar, exempt jurisdiction; I never understood the bishop of London had any jurisdiction there.

Q. Was that the repute of the place when you came there?

Dorman. It was.

Q. Did you understand that the minister had a right to marry there?

Dorman. I did.

Q. Was that always exercised there?

Dorman. It was.

Q. What was the former constitution of the place; whether there was any other officer, as to probates of wills, and the like?

Dorman. No, not as I know of.

Q. Do you know of any marriage there before the late act of parliament?

Dorman. I know of one about twenty-six years ago.

Q. Who granted the licence?

Dorman. The licence was from the bishop of London.

Q. Did you imagine the bishop of London had any right there at all?

Dorman. No.

Q. Was that the common repute of the neighbours when you came there first?

Dorman. It was.

Q. All the time you have been there, do you know the clergyman was ever brought into the ecclesiastical court?

Dorman. No.

Q. Who was there first, Mr. Wilkinson or you?

Dorman. He was there before I came.

Q. Do you apprehend him to be a man of understanding?

Norman. I do.

Q. During the time you lived there, and before the new act of parliament, was it the general repute of the place that it was exempt from ecclesiastical jurisdiction?

Dorman. Yes.

Council for the crown. Did you ever know any wills proved there?

Dorman. No.

Council for the crown. Where are the wills proved?

Dorman. They are proved at the Commons.

Council for the crown. Did you ever know any administration granted there?

Dorman. No.

Council for the crown. You say that the marriage you saw performed there so long ago was by licence?

Dorman. It was; I was concern'd in it.

Council for the crown. In whose time was it?

Dorman. In Mr. Wilkinson's time.

Council for the crown. Who perform'd the ceremony?

Dorman. I believe it was himself.

Council for the crown. Is this place a parish?

Dorman. No, it is not.

Council for the crown. What is it?

Dorman. It is a royal-chapel, and a precinct.

Council for the crown. Have you any church rate?

Dorman. We have none; we have a poor's rate, we maintain our own poor.

Council for the prisoner. Did you ever know any wills proved there?

Dorman. I never proved a will in my life.

Council for the prisoner. Where are your wills proved?

Dorman. I believe in the bishop of Canterbury's court.

Council for the prisoner. What reason have you to believe it?

Dorman. I have always heard so.

Thomas Chease . I have lived twelve years in the precinct of the Savoy, under Exeter'Change, and have lived near there twenty-seven years.

Q. What has been your opinion of that place as to its common repute, whether it was look'd upon as a peculiar jurisdiction, exempt from the diocese of London?

Chease. It was look'd upon to be a distinct place of itself. I remember the king's letter being ordered to be read in the chapel (I believe about ten years ago) and a collection to be made there, and also from house to house; I was in office then, and we paid it into the chamber of London: when the king's bounty was distributed, there was nothing allow'd to the Savoy, therefore I desired Dr. Wilkinson would be so good as to write to the bishop of London, which he did, and the bishop sent a letter, specifying that it was out of his jurisdiction, and he could do nothing in it.

Council for the crown. Was there at that time a collection in all parishes?

Chease. There was in all parishes, and it was to be distributed to every parish; we paid in our collection, and expected the same as another place.

Council for prisoner. Then it was your opinion by common repute before?

Chease. It was, but I was more so confirm'd by the bishop's letter.

Council for the prisoner. How long have you known Dr. Wilkinson ?

Chease. I have known him twenty-seven or twenty-eight years.

Council for the prisoner. What is your opinion of him, has he behaved as a minister of the church of England?

Chease. I never knew him behave otherwise; he always continued doing his duty, and is as capable of it as any man at all.

Q. What is his general character?

Chease. I never heard any ill of him.

Council for the crown. Did you ever know any probates of wills there?

Chease. No.

Council for the crown. Nor administrations?

Chease. No.

Council for the crown. Before the late act of parliament, did you ever hear of a marriage there by licence?

Chease. I can't say I ever saw a marriage there before or since.

Council for the crown. Are you the man that made the affidavit concerning Mr. Wilkinson?

Chease. I am, but not with regard to his behaviour.

Council for the crown. What! not that he was a drunken man?

Chease. No, it was quite a different thing.

Council for the crown. Was it nothing about the bell?

Chease. There was a change of one bell for another.

Council for the crown. Did not you complain about his taking the bell from the chappel?

Chease. I did not complain of him in that affidavit.

Richard Philips . [He had a parchment put into his hand.]

Q. What is that?

Philips. This is the licence by which George Drawater and Mary Johnson were married.

Q. Was it wrote before they were married?

Philips. It was, and read to them; and they consented to it: and it was required of them that they should make affidavit.

Q. Affidavit to what?

Philips. With regard to their parents.

Q. Look at the memorandem on the back of it.

Philips. (He looks at it.) This was wrote at the same time.

Q. Who was it wrote by?

Philips. It was wrote by me.

Q. What is the purport of the memorandum?

Philips. It is purporting the consent of the parents.

Q. When was that wrote?

Philips. About an hour after the marriage.

Q. Was you present at the marriage ?

Philips. I was.

Q. Did you observe any caution used by Mr. Wilkinson to know whether they had the consent of the parents, she being under age?

Philips. Mr. Shields and a woman were present, and they declared the parents consented, upon Mr. Wilkinson's asking that question.

Q. What are you?

Philips. I am the chapel clerk.

Q. How long have you been clerk?

Philips. About six years.

Q. Where did you live before you came there?

Philips. I lived in several places before I came there. I had lived in Surry Street about seven years before I went to be clerk.

Q. Have you heard any account of what was the nature of the Savoy Precinct?

Philips. I always heard it was a royal jurisdiction, exempt from the bishop of London, before I went there; and when I went there I became better acquainted with it.

Q. Do you know of any licences granted before the late act of parliament?

Philips. I do, of a great many.

Q. Had you an opportunity of inspecting the old register?

Philips. I had.

Q. Before the time you came there, did there or did there not appear to be several marriages, and the licences granted by Mr. Wilkinson.

Philips. Yes.

Q. How came you to think he had a power to do it?

Philips. Because they were done in a publick manner.

Q. Did the couple's friends use to come along with them?

Philips. Sometimes they did.

Q. Did you ever hear Mr. Wilkinson was threatened by she diocesan court or commons for granting licences.

Philips. Never.

Q. Do you believe that any of the surrogates were acquainted with this act of notoriety of marrying with licences?

Philips. I never heard they were.

Cross examination.

Council for the Crown. As you observed this licence was wrote before the marriage, were they always wrote before the marriage?

Philips. Always.

Q. What was the manner of those licences that were given when marriages were performed by somebody else?

Philips. They were left with me, or the minise; they were always wrote and sign'd by him before the marriage was solemnized.

Q. What those whom other ministers married, was not there a blank left for the names?

Philips. Yes there was.

Q. Then after the marriage did or did you not fill up the blank?

Philips. Yes, always before the marriage.

Q. Were they always filled up before the marriage when celebrated by other people?

Philips. They were always filled up before the marriage.

Q. Were not they filled up in the vestry afterward?

Philips. How could that be?

Q. Did not you prove that on which Grierson was convicted was filled up an hour afterwards in the vestry?

Philips. No.

Q. Upon the oath you have taken, was this blank filled up before the ceremony or after?

Philips. Before, I remember this very thing very well.

Q. Are you sure?

Philips. I am positive.

Q. Who read it over to them?

Philips. I did.

Q. As you are clerk, have you attended those marriages which were solemnized by Mr. Grierson the little time he was there?

Philips. I did, all of them.

Q. How many marriages were solemnized at the Savoy, between the passing of the late act of parliament, and the indictments against the prisoner being found?

Philips. About 1400. There were a great many married for nothing.

Q. How many of them might be inhabitants within the precinct of the Savoy?

Philips. I can't tell, a great many qualified themselves by living there.

Q. How many of them were out of the precinct?

Philips. I concluded that about 900 of them came from out of the country big with child.

Q. Is the precinct of the Savoy a large place?

Philips. No, it is not a large place.

Q. How many families are there in it?

Philips. I cannot tell.

Q. Are there more than forty?

Philips. There may be forty or fifty.

Q. Did you ever know a probate of a will granted there in your time?

Philips. No, never.

Council. Nor a letter of administration?

Philips. No.

Q. Have you known any marriage in your time by licence from the bishop of London, or some prerogative?

Philips. There have been some few.

Q. Can you pitch upon a particular fact of one licence, before the making of the late act of parliament, granted by him?

Philips. There are a couple.

Q. Have you them here?

Philips. I have not them about me. I believe there are two here, but I do not know who has them.

Q. Where is your register book?

Philips. It is here.

Q. Were these by licence from the bishop of London?

Philips. Yes, and Mr. Wilkinson married them.

Mary Williams . I was born in the year 1700, in March. I am daughter to Mr. Synge, minister of the Savoy.

Q. Did you ever see him marry any people by his own licence?

M. Williams. I have seen numbers married by him by his own licence.

Q. What was the constant repute he had for having power of granting licences himself?

M. Williams. I can't tell what to say to that, he married most by his own licences. People have come with licences from the commons, and he has not refused to marry them.

Q. Are you sure he married with his own licences?

M. Williams. I have seen him marry numbers with them.

Q. Were they stamped ?

M. Williams. They were.

Q. Were they on paper or parchment?

M. Williams. They were parchment, and I have seen my father write on them and fill them up.

Q. Did he use to do this in an open manner ?

M. Williams. He did.

Q. Did you ever hear he met with any animadversion from the bishop or surrogates ?

M. Williams. No, I never did indeed.

Q. Can you upon your oath say your father married many people at different times by licences granted by himself?

M. Williams. Upon my oath he did.

Q. How many years may that be ago?

M. Williams. He has been dead about thirty years, Mr. Wilkinson buried him; he was reader to one Mr. Parry, who committing a great many misdemeanors was taken out of the Savoy, and my father succeeded him.

Cross examination.

Q. Was your father minister of the Savoy immediately before Mr. Wilkinson?

M. Williams. He was, and was minister sixteen years.

Q. Do you mean he was minister appointed by the treasury?

M. Williams. No, I do not.

Council for the crown. You are certainly mistaken; Dr. Pratt was first, Dr. Parry succeeded him, and Dr. Wilkinson succeeded Parry.

M. Williams. My father call'd himself the minister; he acted in Dr. Parry's time. As he died in low circumstances my mother went to have her paper sign'd for her pension, and Parry said her husband was not the minister.

Q. Who succeeded Dr. Parry?

M. Williams. Dr. Wilkinson.

The licence was then read to this purport:

'' Whereas George Drawater , twenty four years '' of age, of St. Mary Lambeth, then a batchelor, '' and Mary Johnson , aged nineteen, of Christ-Church, '' spinster, are very desirous to enter into '' the holy state of matrimony without publication '' of banns, and have solemnly declared there is no '' just cause or lawful impediment whatsoever, that '' they are respectively of the ages before mention'd, '' and not under the care of the court of chancery, '' I do therefore consent that the said marriage be '' solemnised in the royal chapel of St. John Baptist, '' in the Savoy. November 25, 1754. '' Witness, John Wilkinson , ordinary and minister.''

Council for the prisoner. Now we'll shew you two other licences, if the court please to read them.

Q. to Philips. Were these executed at the time of the marriage, and the time they bare date?

Philips. They were; but I was not present at the time of the first, that was before my time, one of them I can prove.

It is read to this purport:

'' Whereas Thomas Stretham , aged twenty-five '' years, of the parish of St. George, Middlesex, and '' Ann Simpson, twenty-five ditto, of St. Paul Shadwell, '' spinster, are very desirous to enter into the '' holy state of matrimony, &c. &c. May 2, 1752. '' Witness, John Wilkinson , ordinary and minister.''

Council for the prisoner. Now we shall trouble your lordship with the letter patent of Philip and Mary. [A true copy of it was produced, and read in Latin.

Council for the crown. There is not a word of jurisdiction in it.

To his character.

Capt. James Jones . I am captain in the third regiment of guards, and have known Mr. Wilkinson about sixteen years. His general character is that of a gentleman, and an excellent preacher in his profession. I have known, when there has been any soldier who has not been able to pay for burying or christening their children, that he has chearfully done it, and attended them in their and their wives sickness.

Q. Has he a salary for that?

Jones. No.

Q. from prisoner. Did you ever hear I was a disaffected person?

Jones. No, never.

Capt. Haywood. I have known him between eleven and twelve years, he is my next door neighbour.

Q. What has been his conduct and behaviour, in regard to his function as minister of the Savoy, and all other respects, during the time you have known him?

Haywood. He always behaved in a good manner. I loved to go to hear him. He behaved very well to me; as to other affairs I have nothing to say to them, I never had any dispute with him.

Q. Has he a good or a bad character?

Haywood. I never heard any body say amiss of him.

Richard Townsend . I have known him fourteen or fifteen years, and I never heard any thing amiss of him; he always behaved well in the church, and did his duty as well as any gentleman of the function.

James Bailey . I have known him 7 years and better, I live in the Savoy; he is a very good pastor and a very good Christian.

Daniel Nicholson . I have liv'd in the Savoy about ten years, and know Dr. Wilkinson very well; he has an extream good character as to his church and religion.

William Kitchener . I have lived in Beaufort Buildings in the Strand between ten and eleven years. I have known him that time, and he is a very honest man.

John Merideth . I have lived in the Savoy about two years and half, and knew the doctor before I came there. I have done business for him, and he has paid me very honestly; he is as a good churchman as ever I heard in my life.

Mr. Wilson. I have lived in the Savoy thirty-four or thirty-five years, and have known Dr. Wilkinson ever since he has been there.

Q. What is his character?

Wilson. I can't say I know any thing material of his character, as to myself.

Q. What is his general character as a clergyman of the church of England?

Wilson. I can't say it has been extraordinary.

Q. What is his character, a good or a bad one?

Wilson. I believe but an indifferent one.

John Day . I have known him sixteen years, and never knew any thing ill of him; he is a very good preacher.

James Peate . I have known him about eleven years, he is a very good Christian, a very good man in the church, and I never heard a bad character of him.

John Johnson . I have known him twenty years; as a clergyman, I don't know a better; all his dealings with me have been just and upright.

Mr. Delaporte. Mr. Wilkinson told me, that Mr. Brooks, his former attorney, had used him very ill. I have received three-score guineas in order to defend him; upon which an action was brought against Mr. Brooks. There was a motion made in the court of commons pleas, which application took up two terms; there was a rule made, and my lord chief justice order'd Mr. Brooks to return forty guineas and pay the cost, upon seeing the extravagancy of the bill. Mr. Wilkinson always declared himself ready to surrender, as soon as ever he got his papers out of Mr. Brooks's hands. (He takes a paper in his hand.) I received this order the 24th of February, and made enquiry about the out-lawry. This is the substance of what I took from the sheriff's books for the county of Middlesex. I found the out-lawry would not be compleated till September, so I advised him not to surrender till then.

Q. Could he have been prepared with his defence before now?

Delaporte. Yes, I believe he could last sessions; that he did not surrender, was by my advice. Mr. Sergeant Davy having been retained for him, and not being able to attend this court, was the reason he did not take his trial then.

Cross examination.

Q. How long have you been concern'd for him?

Delaporte. But a little before I gave notice to Mr. Sharp, which was in August 1755.

Q. What papers have this day been used that were in the hands of Mr. Brooks ?

Delaporte. Not one. I thought there were some material ones.

Prisoner. A brief could not have been formed, had I not been served with every paper which I can now produce. My whole brief is an extract from papers. When I came from abroad I expected my brief was prepared, and was for giving notice of trial. I did not see my attorney for six weeks after, and he secreted my papers. I was told by gentlemen that I should not have a brief prepared in twelve months, so I went to this gentleman. Synge was minister of the Savoy, but Dr. Pratt was not. Where the new church stands now, there it was the inhabitants met. Dr. Pratt was lecturer, and preached always in the afternoon, and the lords of the treasury never once appointed him minister. I have now eight years in arrear, and am 500 l. out of pocket. The Lutheran minister (I speak feelingly) shall receive 40 l. a year, the quakers meeting shall be chearfully repaired, but the church of England chapel is scarce fit for a stable. I know, my lord, what is the foundation, and the bitterness of this prosecution; why - because I know too much of the tricks of some people. I know how this arises; there are estates appropriated for this use, but they are sunk, and become the subjects of rapine and plunder. I married this way occasionally for 28 years, that woman's father was minister, and I lived in the house with him. As to 1400 couple, I don't know how the clerk came to make that blunder. I have not married 1400 in thirty, years. This woman was confounded, and she could not distinguish minister from lecturer. I acquainted. Mr. Sharp, that if he would pay me the 1300 l. due to me, I would quit the place. This prosecution has been carried on with the utmost unrelenting malice. I acquainted the archbishop of Canterbury I was willing to give up all, on having my arrears paid. Murder has been bail'd, treason has been bail'd, but I could not be bail'd.

Council for the crown. You never surrender'd

Prisoner. I knew the consequence of that too well.

Council for the crown. They have brought it down only to the year 1724, of a marriage by a licence from the bishop of London. I directed search to be made in the offices for granting licences, and there are a vast number of licences for marriages in the Savoy by the bishop of London and the bishop of Canterbury. I shall only read one or two of them.

John Herring . [He produced a book.]

Q. What book is that?

Herring. It is the original book of allegations for licences in the bishop of London's office.

Q. Read folio 198.

Herring. February 23, 1722, on which day personally appeared William Nichols , of Deptford in Kent, aged 23 years, he intending to marry with Esther Darbin , widow, and prays licence to solemnize the said marriage in the parish church of the Savoy.

Another read, dated April 8, 1722, which prays licence to solemnize the marriage in St. Mary le Savoy.

Another read, dated November 15. 1723, which prays licence to solemnize marriage at St. Mary's in the Savoy.

Another read, dated January 24, 1729, which prays licence for solemnizing marriage in the parish church of St. Swithin, London, or St. Mary in the Savoy.

Another read, dated March 11, 1729-30, which prays licence to solemnize marriage in the church of St. John Baptist, in the Savoy, Middlesex.

Another read, dated July 30, 1750, which prays licence to solemnize marriage at St. Dunstan's, Stepney, or St. Mary in the Savoy, in the county of Middlesex.

Another read, dated July 9. 1750, which prays marriage to be solemnized in the chapel in the Savoy, in the county of Middlesex.

Philip More . (Produced a back.) This is a volume of allegations for licences, that I brought from the vicar general's office belonging to the arch-bishop of Canterbury.

One is read, dated March 27, 1655, where marriage is pray'd to be solemnized at St. Mary's le Savoy.

Council for the prisoner. What are these books ?

Herring. They are books of allegations in order to obtain licence, to marry.

Council for the prisoner. Are there licences always granted in consequence of these allegations ?

Herring. No doubt of that, every day they are granted in consequence of such; we could have produced fifty more.

Council for the prisoner. Do you know the couples were all married in consequence thereof ?

Herring. I don't know that.

Council for the prisoner. What was your direction, to search for marriages at St. Mary's in the Savoy, or St. John Baptist's?

Herring. I know every church and chapel in London, and know there is but one in the Savoy; I take them to be one.

Council for the prisoner. Whether you don't know there is a sacred place that is called by the name of St. Mary le Savoy, distinct from the chapel of St. John Baptist?

Herring. No, there is not.

Council for the crown. How long have you belonged to that office?

Herring. I have belonged to it above twenty years, we make these entries at the time the licence is granted.

Another allegation read, dated February 7, 1740, praying marriage to be solemnized in the chapel of the precinct of the Savoy.

Q. to Philip More , Are there many in your book where marriage is pray'd to be solemnized at St. Mary's le Savoy, or St. John the Baptist in the Savoy ?

More. Here is a list of upwards of zoo of them, from the 9th of February, 1675, to the year 1741, some in every year. Here is one where the couple are both inhabitants of the precinct, and to be married only in that place; and hundreds of others that lived in different places, to be married only in that place. Sometimes it is called the parish church of St. Mary le Savoy.

Guilty .

[Transportation. See summary.]

314. (L.) John Robertson was indicted for the wilful murder of Thomas Goodlifft . He stood likewise charged on the coroner's inquest for manslaughter, July 5 .*

Innis Dowers . On Monday last I was at the Jacob's Well in Barbican , the house of Mr. Westwood. Richard Ingram and James Whiticker were laying a bet about bowling, they quarrel'd, and went to fighting about it. The prisoner was Ingram's second, and that Goodlifft was Whiticker's. Whilst they were fighting the two seconds quarrel'd. The prisoner challenged the other with foul play, and they went to fighting. They fought about twenty minutes I believe. They had a great many falls, but at last the prisoner gave the deceased a blow under the left ear, on which he sat down, and never spoke any more. There was a surgeon sent for, but he was dead; he prick'd him, but he bled but little.

Q. Who struck first?

Dowers. The first blow I saw given was by the prisoner, but I did not take particular notice.

George Turner . I saw Ingram and Whiticker quarrelling about a wager. The deceased was second to Whiticker, and the prisoner to Ingram. In the battle I perceived the prisoner to strike the deceased, on which the deceased went and strip'd, but I was looking at the other two, and did not see the prisoner and deceased begin. I saw the deceased after he was down, and I believe I had seen them fight ten minutes. A surgeon was fetch'd, and he prick'd the deceased, but he bled but little, and never spoke more.

Prisoner's defence.

I went in to see for my mate. I am a sawyer. I saw Ingram and Whiticker strike one another with their cloaths on, and then they both strip'd. I went and laid hold of Ingram, and insisted they should not fight; we work together. Then the deceased came and called me many bitter names, and said there was no reason for my preventing them if they had a mind to fight, and pull'd my arm away. They went to fighting. They had not been fighting two minutes before the deceased came and struck me, and said I used foul play. He went and strip'd, and came to me again; I was not for fighting at first, but then I pull'd off my shirt. He knock'd me down several times, and we fought many minutes before this thing happened; how I gave it him, whether by a blow or a fall, I can't say. I did not endeavour to injure him any more than a person does in common fighting. When I found he was dead, I went and a quainted my officer with it, as I am a soldier, and afterwards came and surrendered to take my trial.

Q. to Dowers. Was the prisoner desirous to prevent Whiticker and Ingram from fighting ?

Dowers. I did not see him forward for their fighting.

Q. to Turner. You hear what the prisoner says, did you observe any unwillingness in the prisoner to fight ?

Turner. I did not see that he was willing to fight.

For the prisoner.

Edward Thomas . I was there near the beginning; it was concerning a trifling bet at nine pins, whether a person bowl'd even or odd, betwixt Ingram and Whiticker. I saw them scuffling on the ground for the money; they push'd one another, and agreed to go to fighting. The prisoner went up to Ingram, and desired him not to fight. The deceased insisted upon it that they should fight, and said to the prisoner, you are a cowardly fellow; if you will not fight, you ought to let them that will. Then the prisoner said to Ingram, Dick, if you have a mind to fight him you shall, and if you have a mind not, you shall not; notwithstanding that, to fighting they went. After a little time a dispute arose between the deceased and the prisoner concerning foul play. In the interim Whiticker was beat by Ingram. Then the deceased said to Whiticker, if you'll but fight and beat him. I will lick the soldier, (meaning the prisoner.) After that they went to fighting again, and in a few minutes Ingram gave out. A little after that I turned about, and saw the prisoner and the deceased in a sort of a scuffle, I believe there were two or three blows struck; which struck first I don't know. They parted immediately, and the deceased went down to the end of the yard to a water-tub, wash'd his face, and drank some of the water. He then pull'd off his shirt, delivered it to a woman, and went up to the ground, saying these words, if you are a man turn out and fight me, it you don't I'll lick you. The prisoner was seemingly unwilling to fight. At last he pull'd off his cloaths, upon the other's urging him. When they had been fighting five or six minutes the man that was to have been the prisoner's second was pull'd away by the populace; after that he was seconded by two or three, whoever could lay on him when he was down first. At the end of I believe eighteen or twenty minutes of very severe fighting the deceased was very weak, and the prisoner struck him a blow with his right hand on the left side his head (I can't say whether it was above or below his ear) when he made a kind of a small stagger about six foot in length, clap'd his hand to a small tree and eased himself to the ground. The prisoner walked then to the bottom of the yard to the water tub, and wash'd himself. A surgeon was sent for to bleed the deceased. He was prick'd, and bled but little. I believe at that time he was very near dead, he never spoke afterwards. The landlord was very desirous to have them parted when they were fighting, but the friends of each were for their having it out. I have known the prisoner between four and five years, he is a very good natur'd honest man; I never heard a miss word from him, nor saw him apt to quarrel, nor heard of his fighting before this.

George Gaystock . I went to speak to a gentleman in the neighbourhood, who not being at home I went into that ground to wait. Hearing a noise, I went towards them, and saw one man strip'd and the other pulling his shirt off. While they were fighting, I saw the deceased strike the prisoner, and call'd him blackguard or scoundrel. and said he did not shew fair play. After that they parted, the deceased went about twenty yards from the prisoner, came up to him again, and they had a fair let to as they call it. After some time the deceased received a violent blow. I was obliged to keep at a distance, having received a hurt on my foot by a piece of timber. The landlord did all in his power to prevent their fighting, but there were ill natur'd people enough to set them on. I saw the deceased fall, and thought he was beat; it was an indifferent thing to me which was beat, being strangers to me, so were the whole company. In a little time after I heard the man was dying; then a surgeon was sent for, who prick'd him, and there came about half a teaspoon full of blood out; he never spake after.

William Smith . The prisoner belongs to the company where I am sergeant; he has been in it six years, and I never saw him quarrelsome, or ever heard any challenge him with being such a man.

James Tong . I have known him between 5 and 6 years, and have been upon duty with him many times. I never knew him quarrelsome since he has been in the regiment.

Guilty of manslaughter .

[Branding. See summary.]

315. (M.) Alice Nutkins , spinster , was indicted for stealing 2 s. 6 d. in money number'd , the money of William Smith , July 7 . +

Acquitted .

316, 317, 318. (L.) William Blackman , George Pilman , and George Sunderland , were indicted for stealing 4 piece of linen cloth. each containing 24 yards, value 5 l. 11 s. the goods of Joseph Downs , on a certain wharf, on a navigable river, to wit, the river Thames , June 20 ++

Joseph Downs . I keep a wharf by Queen-Hithe , call'd Currier's and Downs's wharf . On the 9th of June we had some goods for Bristol, and some in a chest that came from Mr. Amian, on Lawrence-Poultney Hill On the 19th of June the barge lay at my wharf; I was call'd up on Sunday morning the 20th of June; my servant told me I had been rob'd. I went and found the chest broke open, and saw some of the bargemen I ask'd them who had been their watchmen to night. They said we. I sent my boy away to Mrs. Mahone, and my clerk to Mr. Amian, Mr. Shailer who I master of the barge came. I got a search warrant to search the barge that lay off my wharf.

Q. What did you miss?

Downs. Out of 150 pieces of cloth in the chest, I missed four pieces. On searching the barge, the bargemen came on board. We found nothing in the barge. The same day about twelve o'clock Sunderland went from on board his barge with one of the bargemen in it, in a sculler, to Pepper Alley. When I came to take in the goods out of the barge, Shailer call'd out to the men, hire you Pepper Alley man, which gave me suspicion; so I went to Pepper-Alley, and ask'd at the sanding place if they saw any of the men (meaning the prisoners at the bar) land there. A man said, he remember'd seeing such men land there; and described Pitman as well as any painter could paint him, and said they had some bundles of cloth under their arms. Then I got a warrant, and took the prisoners up

Q. Did you ever find the goods again?

Downs. No, I never did.

Q. How can you fix a charge upon these persons ?

Downs. Because the barge lay at my wharf, and they being watchmen, had any body else came they must have seen them.

Cross examination.

Q. Are the goods your property?

Downs. I have got a bill and receipt that I paid for them; as they lay on my wharf I was to make them good.

Q. How was this chest fastened ?

Downs. It was a Hamburgh chest, nailed very strong, and corded.

John Dupice . I am servant at the Bear at the Bridge-foot. I was weeping my master's yard between seven and eight o'clock on a Sunday morning, when blackman and Pitman came thro' the yard, and I swept it into one of their shoes; he turn'd about and damn'd me, and as he turn'd about I saw three pieces of linen under his coat.

Q. Which was that?

Dupree. That was Blackman.

Q. Did you follow them ?

Dupree. No, I did not. The prosecutor came and enquired if I saw such people, and I described them. When they were taken up Blackman desired having any piece of cloth at all, or being out of his master's barge at the time.

Q. What said Pitman ?

Dupree. He said he was asleep under the tilt; after he said he was walking about, and that he never went through our yard that morning.

Cross examination.

Q. What size was this linen ?

Dupree. I did not see the length of it, I took it to be two feet wide.

Q. to Downs. What is the width of the linen you missed ?

Downs. I suppose they are three quarters wide dowlas.

William Wallis . I am clerk to Mr. Downs. On the 20th of last month our maid came to our window, and said we had been robbed. I went down on the wharf, and found the chest broke open. I asked one of the bargemen who were watchmen that night; he said, what is that to me. Then I went and inform'd my master of it.

Q. How near the wharf did their barge lie?

Wallis. It lay so near that they could get out of their barge upon our wharf. I should think they must know something about it, because nobody could come over the barge without their knowledge. I remember I heard the barge-master call out to these men, and say, hollow, you Pepper-Alley man.

Q. Were these men alone at the time?

Wallis. No, there were several barge men on board the barge then.

Q. What is Pepper Alley?

Wallis. It is a place where they buy second hand cloaths and things.

Q. How was the chest broke?

Wallis. It was open'd with something like a crow. and the cord was cut.

Q. Did you see the mark of a crow?

Wallis. I did.

Thomas Sturit . I am a cooper by trade: I told the prosecutor I'd do all in my power to assist him. There prisoners were taken up on suspicion. I went with the other evidence to make all the enquiry I could. We went to Pepper-Alley, but could hear nothing of the linen. Then we went to the bear at the Bridge foot; where the master told us he heard his servant say there were two men went thro' there, who made their way to Tooley-Street, with some bundles under their arms; we also made enquiry in Rosemary-Lane, but could find nothing of them.

Elizabeth Craggs . I know Sunderland, he lodged in my house. I remember on Sunday the 20th of June he was at home; I believe in the morning betwixt nine and ten. Then he went out, and did not return till bed time.

Q. What happened at his going out ?

E. Craggs. He brought with him a steak, which I dressed for his breakfast. He eat it, and went out directly.

Q. to prosecutor. Did you hear Sunderland say any thing before the alderman ?

Prosecutor. Sunderland said there he had nothing to do with it; that he went out of the house where he lodged on the Sunday morning between eight and nine: and Mrs. Craggs said he went out very early, returned again, and had a beef sleak for his breakfast.

Q. to E. Craggs. Did he go out twice that morning?

E. Craggs. He went out in the morning, and brought a steak in his hand, and I dressed it.

Q. What time did he go out first?

E. Craggs. I can't tell what time he went out; when I was in bed I heard him, but cannot tell the time.

Q. to prosecutor. Mention what he said before the alderman ?

Prosecutor. He said he went from home between eight and nine o'clock to Mrs. Mahone's, and went on board a barge, and was not at home till betwixt ten and eleven at night, when he went immediately to bed.

Blackman's defence.

I don't know any thing of it; I never heard any body go upon the wharf, neither was there myself; and as for my going thro' the Brown-Bear yard I never saw the place. I never was out of my barge till six o'clock in the morning, when I went to Mrs. Mahone's house, and had two pots of beer.

Pitman's defence.

I know nothing at all of what I am charged with.

For the prisoners.

Francis Harris . I have known Pitman seven or eight years. I never heard any thing amiss of him, but that he is an honest industrious man.

Q. Do you know Blackman?

Harris. I don't know so much of him as I do of the other: He always bore an honest character as far as ever I heard.

Q. What are you?

Harris. I am abaker.

Q. Do you know Sunderland?

Harris. I have known him twenty years. I don't know any harm of him.

Joseph Shailer . I know Blackman and Pitman.

Q. What is their general character?

Shailer. Their general character is very honest: I never knew them accused of any thing before a justice in my life before. Pitman lived with me before he was able to work.

Q. By whom do you imagine the chest was broke open, considering the situation of your barge ?

Shailer. Some body got at it, but which way God knows, for I know not. They might have went over the lighters that lay near the wharf: They lay nearer the wharf than my barge.

Q. Might not some of your men get upon the wharf?

Shailer. I don't know how they could get there: I don't imagine any thing at all.

Q. Who were your watchmen that night?

Shailer. William Blackman and George Pitman ; and they were both in the barge when I got up the next morning.

Q. Where did you sleep?

Shailer. I slept at Mrs. Mahone's. I never lie on board the barge, without the barge is on the road.

Q. Where did you leave them over-night?

Shailer. At ten o'clock I left them on board the barge.

Q. Have you not things of value on board your barge?

Shailer. I have; I never lost any thing by them.

Prosecutor. This man declared himself he went on board the barge at four, and the men were walking on board her. The men declared their master call'd to them from under the tilt, when they were asleep.

Q. Where was this?

Prosecutor. It was at Guild Hall, before Mr. alderman Bridgen.

All three acquitted .

John Parkin , capitally convicted in February sessions, and Thomas Cone in May sessions, were executed on Monday, June the 29th.

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

Received sentence of death 2.

William Hart and John Girle .

Transportation for fourteen years 1.

John Wilkinson .

Transported for seven years 14.

Jane Page , John Rawlins , Israel Levi, John Evans , Eleanor Fletcher , Ann Dean , William Sibthorp , Margaret Howel , Elizabeth Davis , John Edgerton Saint , Elizabeth Ward , otherwise English, Jane East , Ruth Puckeridge , and Matthew Huggins , whose sentence was respited last sessions.

To be branded 3.

John Robertson , William Philips , and Priscilla More .

To be whipped 1. Ann Martin .

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