Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 18 September 2014), September 1756 (17560915).

Old Bailey Proceedings, 15th September 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 15th, Thursday the 16th, Friday the 17th, Saturday the 18th and Monday the 20th of SEPTEMBER,

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

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street. 1756.

[Price Four-pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery held for the City of LONDON, &c.

BEFORE the Right Honourable SLINGSBY BETHELL, Esq; Lord-Mayor of the City of London; My Lord Chief Justice Willes, * Sir Thomas Dennison , Knt + Sir Richard Adams , Knt || Sir WILLIAM MORETON , Knt. Recorder, ++ and other of his Majesty's Justices of Oyer and Terminer for the said City and County.

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

London Jury.

John Lane

James Meuer

James Nivon

John Bardwell

John Watts

Thomas Sabe

James Knight

Edward Gibbs

John Hollingsworth

Smith Woolnoth

William Jackson

Thomas Henshaw

Middlesex Jury.

Samuel Anderson

John Clark

Edward Anderson

William Lambert

Robert Gray

Thomas Fowler

Thomas Milward

John Collins

Thomas Dickson

Thomas Ridge

John Clark

Christopher Kempster

Christopher Kempster being taken ill, John Randal serv'd in his stead.

319. (M.) Margaret Chambers , widow , was indicted for stealing one silver watch, value 5 l. one holland stock, value 1 d. and 1 brass stock buckle, value 1 d. the property of John Hall , privately from his person , August 19 . ++

John Hall. I am a taylor . As I was going home through Drury-Lane I met the prisoner there. She ask'd me to give her a pint of beer. She dragged me up a court, and I gave her a pint of beer. Then she took me to another house in the same court, and there she took my watch out of my fob. I missed it directly. I never let her go out of my company till I took her to the watch-house. There the watch was found upon her.

Q. Did she take you there against your will?

Hall. She did; and I was afraid of her. She unbuttoned my breeches, and I felt her take the watch out. I was a little fuddled, having been drinking with my shopmates.

Q. What time was this?

Hall. It was betwixt eleven and twelve o'clock.

Q. What did you do there all the time ?

Hall. She sat there and wanted me to sleep; and I staid till I delivered her to the constable. I saw a watchman, and he would not take charge of her.

John Spensley . I was constable of the night. About three in the morning as I was coming home, I heard a man say, d - n you, you bitch, give me my watch. I ordered a watchman to take them both to the watchhouse, namely, the prosecutor and prisoner. We searched her, and found the stock and stock-buckle; them he had not missed. Then after that the watchman found the watch in her hand, as he was pulling her hand out of her pocket. [The prosecutor described it, and told the maker's name; but could not tell the number.]

John Taylor . Mr. Spensley charged me to aid and assist in taking the prosecutor and prisoner to the Round-house. Going along the prosecutor said, she had taken his watch. I took her hand out of her pocket, and she had the watch in it (produced in court, and deposed to by the prosecutor, likewise the stock and buckle.)

Prisoner's defence.

I got up that morning in order to go to Covent-Garden market. I heard a great uproar in the street. There were two women along with the prosecutor. I saw them both run away, and he came and laid hold of me before I could get to the King's-Head door.

To her character.

Ann Bewers . I go out a washing and scowering, particularly at a place where the prisoner lived two years. I know her to be a very honest woman.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

320. (L.) Mary Heath was indicted for stealing one pound weight of Vigonia wool, value 9 s. the property of Robert and James Rossiter , August 14 . ++

James Rossiter . My father and I are hatters . On Saturday the 14th of August the prisoner (whose mother works for me) brought her work home; and a servant told me she saw her take some of my wool, which we call Vigonia or reed wool, and put it in her pocket. I let her go out of the shop. Then I fetch'd her back and ordered Elizabeth Bull to search her; who took a pound and two ounces from her.

Q. What is the value of it?

Rossiter. It cost me nine shillings per pound. The wool her mother work'd was worth only about nine pence per pound.

Ann Gray . I saw the prisoner take some reed wool out of a bag in master's warehouse. I told master of it. She was search'd, and I saw it afterwards taken from her.

Elizabeth Bull . I work for Mr. Rossiter. I saw the prisoner come in with my master's work. She went into the warehouse, delivered her work, and went out at the door; and presently master and she came in together. He said, search that woman, and on her left hand side I found this quantity of reed wool (produced in court.) I have had it in my custody ever since.

Q. to Mr. Rossiter. Do you know this wool?

Rossiter. I believe it is mine. I desired the woman to keep it under lock and key, to be produced here.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

321, 322. (M.) Elizabeth Jefferys , spinster , and Frances Finley , were indicted, the first for stealing three linen handkerchiefs, value 3 s. one pair of silk stockings, two pair of cotton stockings, two pair of worstead stockings, eleven linen clouts, and 27 s. in money number'd , the goods and money of William Noble , Aug. 17 , and the other for receiving them, well knowing them to have been stolen. ||

Ann Noble . My husband's name is William. We lodged in Queen Street, Seven-Dials , where we had one room up two pair of stairs. I missed the things mentioned at several times; the first I missed was about a fortnight after I went to that house, which was on the 22d of June last; they were under no lock and key, except the lock to my room door. I have not found any thing since; but on the 17th of August I missed the twenty-seven shillings from out of a bandbox, wrap'd in a piece of brown paper, where I had put it that morning. Jefferys was servant to Finley, and I got a warrant and took her up on suspicion on the 19th, she having gone away on the 18th. I found her at Hungerford, at a house where her aunt lives, with quite new cloaths on. I charged her with taking 27 s from me, and her aunt asking if it was true, she said yes, and that her mistress sent her up with the key of the parlour door, which opened mine, and she took the other things; that she took a pair of black silk stockings, and her mistress sent her to sell them in Monmouth-Street; that a day or two after there were three pair of stockings taken out of the same box (I can not recollect who she said took them) and her mistress sent her with them to pawn, and two other pair afterwards; and after that she was sent up to take some other things, when she took some sattin and pawn'd it, and her mistress had the money, meaning the other prisoner. She said she took a handkerchief out of my room, that her mistress took two more out of my bandbox, and sent her with them to pawn, but I do not know where. She said she had laid out the 27 s. in the cloaths she had on her back, all but 20 d. I took Finley up the same day, but (tho' the girl confess'd this before the justice) she would not own any thing.

Mary Rickets . The prosecutrix came to me on the 19th of August, and told me she had been rob'd, and by whom. I took her up stairs to the girl, and she charged her with stealing 27 s. The girl own'd she took the money out of her trunk, and that Mrs. Finley sent her up to take the other things, stockings, handkerchiefs, clouts and ribbon.

Jefferys's defence.

My mistress and I having some words one night I went out, and going along the Strand I met a gentleman, who took me to a house at the corner of Halfmoon-Street, treated me with half a pint of wine, and gave me half a guinea to cloath myself. Mrs. Noble told me she would give me half a guinea to say my mistress sent me up to take the things away.

Finley's defence.

Mrs. Noble took a room of me, and afterwards used us all very ill. She spit in my face, and said we were all whores, rogues and thieves. We bid her quit the room. She used to snap her fingers at us, and bid us kiss her backside. I took a warrant out against her from justice St. Lawrence, and she was committed to New-prison, but upon her promising to pay the rent due to me I beg'd her out of gaol: After which she began again. When she took up this girl, she got me to go with her to Hungerford, and went round by justice Fielding's, where she had me taken up. The girl was there, who said Mrs. Noble had offer'd her half a guinea and double apparel, if she would say I order'd her to rob her.

Jefferys guilty .

Finley acquitted .

[Transportation. See summary.]

323. (L.) Richard Hall was indicted for stealing one loaf of bread, value 13 d. the property of Joseph Weeden , August 19 . ++

Guilty .

[Transportation. See summary.]

324, 325. (M.) Ann Stubbs , spinster , and Frances wife of John Stubbs , were indicted, the first for stealing one gold necklace and locket, value 50 s. the property of Elizabeth Adkins , widow , in the dwelling house of the said Elizabeth , and the other for receiving it, well knowing it to have been stolen , Sept. 2 .8

Eliz. Adkins. I keep a publick house in Chappel-Street . On the 2d of September, about noon, I laid a gold bead necklace and locket on my table, which cost me 4 l 5 s. and 6 d. almost 40 years ago. The prisoners both came in at the same time, and brought some liver and bacon to dress for their dinners.

Q. Did you know them before?

E. Adkins. I did; they live about a quarter of a mile from me. After they were gone I missed my necklace and locket, and making inquiry I understood the mother had been shewing a necklace, and had sold it. I found them the next morning, when the mother had got new cloaths on. I took them up, and the girl own'd she took the necklace, and deliver'd it under the table to her mother; the mother also confess'd she sold it for 26 s. to Paul Callerd , and bought a gown and petticoat with the money. I went to him, and he said he bought such a one, but had sold it directly, to whom he did not know.

Paul Callerd . I don't know the prisoners; there came two women and a man into my shop, and asked me if I would buy a gold necklace. I weigh'd it; it weigh'd 12 pennyweights. I paid 26 s. for it, and sold it for a guinea and a half to a woman that came in about two hours after. I have advertised it with a guinea and a half reward more than I sold it for, but can't hear of it.

Frances Stubbs 's defence.

The girl told me she pick'd it up in the street.

Ann Stubbs guilty 31 s. 6 d.

Frances guilty of receiving it, &c.

[Transportation. See summary.]

326, 327. (M.) Elizabeth Lins , spinster , and Esther Holding , widow , were indicted, the first for stealing three ounces of silk, value 14 d. the property of William Turner , and the other for receiveing the same, well knowing it to have been stolen , July. 23 *.

Both Acquitted .

328. (M.) Martha, wife of Edward Wood , was indicted for stealing one copper saucepan, value 3 d. one copper stewpan, value 3 d. one blanket, value 6 d. the goods of Marmaduke Grange , in a certain lodging room let by contract , &c. Sept. 2 .*

Acquitted .

329. (L.) James Maccalpin was indicted for stealing one man's hat, value 10 d. the property of John Saffery , Aug. 29 . *

John Chaplin. I am servant to Mr. John Saffery , who provides me with hats, cloaths, &c. On the 29th of August the prisoner came into the pew at church where I sat. I saw him take my hat off a pin, and push out. I followed him out of church. He perceived me, and drop'd the hat. I called out, Stop thief, and he was taken about a hundred yards from the place. He said he thought it to be his own, but he had got his own with him, and endeavour'd to hide it, by putting one into the other. He beg'd I would let him go, and said he'd make it up the next day, if I would let him know where I lived.

Prisoner's defence.

He'll say any thing and't please your lordship. I was at church, and at the end of the service I saw a young man whom I had not seen for a long time before. He was going out, so I followed him, and instead of my own I took another hat.

Guilty .

[Transportation. See summary.]

330. (L.) Charles Beal was indicted for stealing 8 lb. of sugar, value 4 s. the property of Philip Stevens , Esq ; and John Boyd , Esq ; it was laid over again to be the property of William Vaughan , and a third time to be the property of persons unknown, Sept. 8 . ||

Guilty .

[Whipping. See summary.]

331. (L.) Michael Hart was indicted for stealing one silk handkerchief, value 2 s. the property of Thomas Day , privately from his person , June the 10th .*

Thomas Day. On the 10th of last June I was at Billingsgate , about twelve o'clock. I had taken my handkerchief out of my breast pocket to wipe my fingers, having handled some mackerel, and put it into my coat pocket. In a minute's time Thomas Yates said to me, Have you not lost your handkerchief? I felt, and said I had. He told me he'd shew me the person that had it, and took me to Darkhouse-lane, where he pointed to the prisoner. I went and charged him with it, but he denied it. I then went to take him into an alehouse, and observing his hand in his pocket I pull'd it out. He had my handkerchief in his hand, and I took it just as he was going to drop it (produced in court, and deposed to.)

Thomas Yates confirm'd the account given by the prosecutor.

The prisoner had nothing to say in his defence.

Guilty 10 d.

[Transportation. See summary.]

332. (M.) Eleanor Berry , spinster , was indicted for stealing two linen shirts, value 8 s. the property of Nicholas Wright , Aug. 14 . ||

Acquitted .

333, 334. (M.) John Street and Peter Wade were indicted for stealing two sacks of coals, value 6 s. the goods of Nathaniel Wilks and Robert Wilkinson , Aug. 12 . ++

Street guilty .

Wade acquitted .

[Branding. See summary.]

335, 336. (M.) Thomas Ridout and James Prosser were indicted for stealing one silver tankard, value 7 l. the property of Alexander Macdaniel , in the dwelling-house of the said Alexander , Aug. 15 .*

Alexander Macdaniel. I am a publican , in the parish of St. Martin in the Fields. On the 15th of August I lost a silver tankard, which cost me 7 l. but as I was not at home at the time, I can give no account of the taking of it.

Q. Have you had it again?

Macdaniel. No, I have not seen it since.

Q. Have you heard either of the prisoners confess any thing about it?

Macdaniel. I have heard them both own, that Ridout took it out of my bar, and gave it to Prosser, who carried it away; and Prosser confessed that he and an old cobler sold it for a guinea to one Woodhouse, who is since bail'd out, and that the cobler and Prosser had each half a guinea.

Q. Where did they confess this?

Macdaniel. Before justice St. Lawrence.

Q. What, had Ridout no part of the money?

Macdaniel. No, he was stop'd immediately, upon the tankard being missing, and carried to prison.

Elizabeth Macdaniel . I am wife to the prosecutor. I set the tankard on the stairs in the bar, which is in the tap-room, at which time Ridout had been in the house I believe two hours. Prosser came in after he had had two pints of beer. As soon as they were gone I missed the tankard, and pursuing them Ridout was taken in Southampton-Street. I could not overtake the other, but he was taken in about a week after. I heard Ridout confess he took the tankard from the bar, and gave it to Prosser, who ran away with it; and Prosser said he carried it to a cobler, who sold it to one Woodhouse for a guinea, and that he had one half guinea, and the cobler the other.

Mary Andrews . I am servant to the prosecutor. I heard Ridout confess he took the tankard from the inside of our bar, and gave it to Prosser; and Prosser said that he and an old cobler at St. Giles's Pound sold it to one Woodhouse for a guinea, that they two divided the money, and Ridout had nothing.

Edward Todd . I am a fellow soldier with the prisoner Prosser. On Tuesday night the 15th of August I was standing at my barrack door in the Savoy; (Prosser's barrack was over mine.) I heard something fall. I step'd out and saw something shine. I took it up and held it to a lamp, and saw it was a cover to a silver tankard. Prosser said, that is mine, give it me; which I did. I said to him next morning, do you intend to make a good hand of it? take care of yourself. When we were in St. James's Park, I told one or two of my comrades of it, and said, I fear'd he did not come honestly by it. Then I and two others went to his barrack, and opened the place where he lay; but found nothing. It got to the sergeant major's car, who sent for me. Then I was ordered to go to the colonel next morning; and there I related the whole affair. He ordered the corporal and I to go and confine the prisoner in the Savoy; which we did. He was taken before justice St. Lawrence, where he said the cover was tin. Ridout being there, was asked whether Prosser was the person concerned with him? He said, he was. Then Prosser own'd he carried the tankard to a cobler; that the cobler carried it to the house of one Woodhouse in Oxford-Road, and brought out a guinea for it, gave him a half guinea; and kept the other himself.

The prisoners had nothing to say in their defence.

Both guilty Death .

337. Richard Woodhouse was indicted for receiving the said tankard, well knowing it to have been stolen by Ridout and Prosser.

The prosecutor did not appear. Acquitted .

338. William Cannyent was indicted for the wilful murder of Dorothy his wife ; for that he feloniously, wickedly, and of malice afore thought, with a certain pair of scissars, made of iron and steel, value one penny, which he had and held in his right hand, her, the said Dorothy, did assault, stick and stab, giving her one mortal wound on her neck, near her left ear, breadth one inch, and depth three inches and half, of which wound she did instantly die . He stood charged likewise on the coroner's inquest for the said murder, July 20 .

To which he pleaded guilty . Death .

When he received sentence of death, being overwhelmed with grief and tears, and not able to speak much, he delivered into court a paper, which was read to this purport:

'' My Lord, I am the unhappy perpetrator of that '' most horrid and unparallel'd crime of which I '' stand charged; and as I have nothing to sue for '' but the mercy of God to my poor soul, I will give '' this honourable court no farther trouble: But as '' a penitent, sensible of my horrid guilt, I earnestly '' beg the prayers of all good christians; that God '' through his infinite mercy, and through the intercession '' of our blessed Saviour and Redeemer Jesus '' Christ, may blot out this stain of shedding innocent '' blood; and as the motives which induced '' me to do the wicked act will not appear here, '' as I do now acknowledge my guilt, in order that '' the publick may be fully satisfied of the same, I '' have delivered under my own hand writing, a '' just and full account of the whole progress of that '' sad and fatal transaction, from the beginning to '' its final and fatal end: To be published by Mrs. '' Walker the publisher, the morning after I am no '' more in this transitory world: In hopes the same '' will be a warning to all others, to avoid the steps '' that led me to it; and God of his infinite mercy '' I hope will have mercy on me.''

339. (M.) Sarah Morgan , spinster , was indicted for stealing 30 s. in money numbered , the property of Susannah Winch , widow , September 4 . +

Susannah Burchet . I live at Little Chelsea, and my husband is a gardener. My mother Susannah Winch lives at Kensington . She had about three weeks ago, under the bolster of her bed, a box full of silver and fifteen or sixteen shillings in halfpence; it was taken, I don't know by whom. She is very infirm, and can't be here. I attend her at times.

John Newbolt . I am a constable in Kensington parish. The prisoner was taken up and brought to me last Sunday was a fortnight. I searched her, and found one shilling and five pence in halfpence and farthings. After that I found five shillings in silver in a housewife, put under her arm pit. This box I found in her bosom.

S. Burchet. That is the box my mother's money was in.

Newbolt. She pretended she found the box in the road.

Prisoner's defence.

I am a poor working girl, I had that box given me in Piccadilly to put my snuff in.

Guilty .

[Transportation. See summary.]

340. (M.) John Jameson was indicted for stealing one hat, value 4 s. one silk handkerchief, value 2 s. five ells of holland, value 15 s. the goods of persons unknown, one silk handkerchief, the property of Joseph Gosling , one cloth cloak, the property of Lucy Townsend , spinster , and one cloth cloak , the property of Abigail Allen , spinster , August 12 . +

Hannah Boroughs . I live in East-Smithfield, and am a pawnbroker; the prisoner at the bar was my servant. About the 25th of March last, when the family got up he was gone. He staid away till about the Wednesday following. In his absence on the 28th I missed a hat out of the shop, that I had lent four shillings on. When he came home, I told him I had lost a hat, and he had by some method got in and taken it. He lay in another house backwards. He acknowledged he had taken the hat and two silk handkerchiefs (producing one handkerchief.) This is the property of Joseph Gosling . I got an acquaintance to go with him to fetch the hat and handkerchiefs, from whence he had pawn'd them. I missed the two, cloaks mentioned in the indictment and the piece of holland on the 12th of August On the thirteenth when my family arose, the doors were open; in the house was this key (producing one) and by looking about I took him in my house behind my garret door concealed. He was not my servant then. I carried him before Sir Samuel Gower , and there charged him with things I had lost. He said, he had nothing to say for himself; but that it was true. He confessed he got down the cellar window, and so up into the shop. I had turned him away immediately, upon finding him out about the hat.

Elizabeth Powis . I am servant to the prosecutrix. The prisoner was her servant . She turned him away about the 30th of March. He went out on the 28th of March, and we missed a hat while he was absent. When he returned, mistress charged him with it. He owned he took it and a handkerchief; and he owned to me also in New-Prison, that he had taken two cloaks and five elis of cloth, and had sold them to an old Jew.

Q. Who did the cloaks belong to?

E. Powis. They belong to Lucy Townsend and Abigail Allen .

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

341. ( M.) Thomas Knott was indicted for stealing one silver watch, value 30 s. the property of Richard Jones , Aug. 22 . +

Richard Jones . I keep the tap at New-prison, Clerkenwell . On the 22d of August I lost a silver watch out of the bar, that was hanging up by the side of the wall. I order'd all the gates to be lock'd, and put proper watches over the prisoners to have them all search'd. The turnkey and I found the watch upon the prisoner (produced in court, and deposed to.) The prisoner was in for stealing a book; he was very much in liquor, and said he did not know how he came by the watch.

Q. How was the watch put in your bar?

Jones. It was hanging up by the side of the wall?

Q. How long was it from your missing the watch to the time of your searching him?

Jones. Two or three minutes.

Prisoner's defence.

I know no more of the watch than the man unborn.

Q. to Prosecutor. Was he very drunk?

Jones. He was very drunk. He had been in the bar about half an hour before I missed it. There were two watches hung side by side, this was one of them; the other was hanging afterwards. He was the first person I search'd, because he was the last person that had been in the bar.

Q. Where did you find it?

Jones. In the waistband of his breeches, not in his fob.

For the prisoner.

Henry Lashbrook . I have known the prisoner from a boy, he is a mathematical-instrument maker; I was journeyman where he served his time, and know no ill of him.

Acquitted .

342. (M.) John Cartwright was indicted for stealing one pair of silver shoe buckles, value 7 s. one silver hat buckle, value 18 d. one cloth coat, value 10 s. one guinea, and 2 l. 6 s. in money number'd, the goods and money of John Tame , and one pair of silver buckles, value 7 s. the property of Esther Maring , spinster , in the dwelling-house of Mary Evans , September 3 . ++

John Tame . I am a chairman . I lodge in the house of Mary Evans , in Cavendish-Street, Cavendish-Square . On the 3d of this instant, the prisoner who married my own sister came to me. I told him I was going out to dinner. He said, he call'd to see me and my children. I gave him part of a pint of beer, and a glass of gin. We parted in Berwick-Street, at the Crown and Appletree; and he said, he was going home. He proposed to come again on Sunday morning; and I purposed to get a bit of dinner for him and his wife. I went home between four and five, and went to look for my great coat to go to the fair, and I could not find it. After I had looked about some time and could not find it, I took the rod and struck my child, who is between eight and nine years old; thinking she had let somebody come in and take it. The child said, nobody had been there but her uncle. Then my servant, Esther Maring , told me he had been there a second time; and she left him in the room when she went a milking. Then I went to look for a pocket-handkerchief in my box; and I found that broke open. I had a trunk in my box, which was taken away; and my money was gone, and the buckles mentioned in the indictment.

Q. Did you ever get your things again?

John Tame . I got only the buckles again. I went and found the prisoner at the sign of the Harrow, at the corner of Panton-Street. I took his own brother with me; and there he talked of lending his brother money, and of paying the landlord there an old score. Then I told the landlord he had paid him with my money; and desired the landlord would assist in securing him, but he would not; neither would he let the watchman come into the house to assist. While we were talking the prisoner had like to have got away; but I got hold of him. Then I took him to St. James's Round-house. Going along he confessed he broke open my box with the poker, and took the trunk out and wrapped it up in my great coat, and carried it away; and that he had sold my great coat for five shillings and six-pence, and spent the money. I ask'd him for the money he had left. He put his hand in his pocket in a passion, and pulled out three-pence halfpenny, my silver buttons, and a little bit of silver, which I found in the street two or three years ago (not laid in the indictment.) Presently he took out the two pair of buckles, and gave them to me. Then I told him I lost three pounds seven shillings in money, in gold and silver. He acknowledged he took the whole, and that he opened my trunk, took the things out, and left it in Piccadilly at a publick house.

Q. Did you search him?

Tame. No, we did not; but I found afterwards he had a guinea about him, when he said he had none; which he afterwards changed.

Esther Maring . I am servant to John Tame . I remember his coming to our house that day. I left him in the house when I went out to go a milking, between two and three in the afternoon; and when I returned he was not there. I was present at the constable's house when the constable examined him. There I heard him own he took the things.

Timothy More . I am constable. Upon the prosecutor's charging the prisoner with robbing him, he owned to me he did take the things; but he had made away with the money in paying his debts, and spent the rest.

Q. Did he mention what things he had taken ?

More. He said, he had taken the great coat and two pair of buckles; and was a long time before he would shew us the buckles. At last he produced them, and said they were his brother's property. The prosecutor charged him with taking three pounds seven-shillings. He acknowledged he had taken one guinea, and the rest in silver.

The prisoner had nothing to say in his defence.

Guilty Death .

343, 344, 345. (M) John Eve , William Tippet and Thomas Riley were indicted for stealing one hundred weight of lead, value 10 s. the property of John Chambers , fix'd to a certain building, belonging to the said John , &c. July 16 . *

Eve guilty , Tippet and Riley acquitted .

346, 347. (M.) John Kelsey and George Wright , were indicted for stealing 10 yards of callico wrapper, value 7 s. the property of Daniel Waradle , in the shop of the said Daniel , July 23 . +

Mary Waradle . I am wife to Daniel. I keep a haberdasher's shop in Chandlers Street, Grosvenor-Square . On the 23d of July the two prisoners and another man came into our shop, a little after eight in the morning. Wright ask'd me if I had got any coarse handkerchiefs to sell, while Kelsey turned out at the door with a bundle the very instant. I pushed by him, and ran to the door; and said, that man had taken goods out of my shop.

The other followed me to the door, and said, what man? I said, that man; and pointed to him. They left me at my door and went to him; and all 3 ran together. I turned into the shop to see what I had missed; and I missed some callico wrapper. My husband was in the back room. He followed them. I know nothing more, only that the goods are here, and my property.

Daniel Waradle . I was in the back parlour when these people came in; but I did not see them. My wife told me they had rob'd us of some callico-wrapper. I pursued, and at the end of North-Audley-Street I was directed to three men; two in red, and one in light colour cloaths. They ran, and I ran. I called stop thief. They made a stop in the field, and he in the light colour'd cloaths turn'd on the right. I pursued the prisoners, and took hold of Kelsey's collar (He had this hanger in his hand; producing one.) The other took hold of my hand. Kelsey drew the hanger out. I catch'd hold on some part of the hilt, secured it and them and carried them to the Red-Lion. There went the landlord and others to see for the other person as I directed them; and they returned, and brought this wrapper (here produced ) which they said they found in a ditch.

Prosecutrix. These are the goods which were taken out of my shop that day. Or the three men, two of them were soldiers, the other in light colour'd cloaths.

Waradle. I took them before justice Fielding. There they were examined, and he committed them. Going to gaol the two prisoners told me, the other person was a recruit which got away.

Q. Did they run all together far?

Waradle. I believe they ran better than half a quarter of a mile together.

Ann Brooks . I sat in my room in little Queen-Street, and saw three men, two in soldiers cloaths, and one in a light colour'd coat, run by my window. The first soldier drop'd something white, and he stoop'd and pick'd it up; but whether it was paper or linen, I know not. Then the people came after in a hue and cry; and I told them which way they went.

Kelsey's defence.

I never was in the shop at all. I gave a young fellow a shilling to serve his majesty king George. He wanted a handkerchief. They went in to buy him one, and came out directly. The woman came making a crying, and said they had taken some of her things. She said, she would hang us right or wrong.

Wright's defence.

I went in with the recruit to buy him a handkerchief; and there was nobody in the shop. I knock'd with my foot. Then the woman came and ran against me; and then out of doors. She saw the prisoner go by the shop window, and said, that man has got some of my goods. I said, not that man I am sure; because he has not been in. I said, I'd go and see if he had any thing. I went, and he had nothing. The occasion of our running in the field was, we were running a race for a tankard of beer; and the recruit ran away from us.

Both guilty 4 s. 10 d.

[Transportation. See summary.]

348. (L.) John Gordon was indicted for stealing one pint silver mug, value 39 s. the property of Thomas Grice , August 12 . +

Thomas Grice . I keep the Four Swans Inn , Bishopsgate-Street . On the 12th of last month the prisoner came into my house about eight in the evening. He wanted a private room, a bed, and something for supper. I told him there were only two gentlemen and I in another room, he might come in there. He came, and had some wine. Then he wanted to join company with them. One of them did, and they spent three pence each. The others went and left him and I alone. I did not like him, he swore very much. I told my servant so. He had a silver mug, and I bid him keep an eye upon it. While I was standing opposite to the door, I saw him come towards the door twice. When I went into the room he was laying as though asleep on the table. I told him it was customary for people that had not a horse to pay for their liquor before they went to bed; which he did. I had not been gone five minutes before my man, call'd out stop thief. He brought him back with the mug in his hand.

William Brown . I am tapster at this inn. Master bid me watch the prisoner, fearing he should carry away the mug. I set the hostler to stand at the wicket, and I watched myself. I saw the prisoner peep out at the door two or three times. Seeing nobody there, he came out with the mug between his thighs, in order to conceal it; and walked down the yard beyond all our doors, close to the wall. I ran and took hold on his collar with one hand, and the mug with the other; and brought him back.

Prisoner's defence.

I happen'd to come to this house about nine o'clock, and call'd for half a pint of wine, in order to sleep all night (I came from Bristol.) The landlord said I might have a bed. Then I call'd for another half pint of wine, supper and beer; and when I wanted to go to bed I tap'd with my foot, but nobody came. Then I took the pot with me to drink when I was in bed; and going for them to shew me the way to my bed they stop'd me.

Guilty .

[Transportation. See summary.]

349. (M.) Young Rogers was indicted for stealing eleven 36 s. pieces, two moidores, sixteen guineas and one half guinea, the money of Samuel Green , in the dwelling house of the said Samuel , August 22 . +

Samuel Green. I live in Kentish-Town , and am a little bit of a farmer . Last Sunday was three weeks my wife and I were both out, and the prisoner being my servant was left at home. I returned about half an hour after seven in the evening; and ordered Rogers to come in to supper, and go to bed. He would not, but kept out all night. The next morning about seven he came in, and wanted to treat this body and that body, that were in the house. I had missed my money before he came in.

Q. From where did you miss it?

Green. I had put it on the bricks in the cellar, just under the kitchen floor, in a bag.

Q. How much was there of it?

Green. There were eleven thirty-six shilling pieces, two moidores, sixteen guineas, and one half guinea.

Q. Do you usually put your money in that place?

Green. I did put it there then. I had made it up for my landlord.

Q. How far was it from the small beer tub?

Green. Not a great way. About three yards.

Q. Did you lay it there in order to hide it?

Green. I did. My wife did not know where it was.

Q. Whether any body that went to draw small beer could perceive it or not ?

Green. They might go twenty times and never see it, it lay so close. There was but just room to put it in, and it was in a dark brown bag.

Q. How high is the cellar?

Green. The cellar is just high enough for a but to stand in.

Court. Then your money lay just about as high as a man's eye when he stands up?

Green. Yes, it did.

Q. Did you find any of your money afterwards?

Green. The prisoner produced it. It is now in the constable's hands. I accused him with taking it, and he surrender'd eleven thirty-six shilling pieces, sixteen guineas, and 2 twenty-seven shilling pieces, which was all but one half guinea, which he had spent a trifle of.

Q. What did he say for himself?

Green. Master, said he, it is not your money; I broke no lock nor drawer, I found it. I told him the number and value of the pieces before he produced it.

Q. How long had he had it in his possession?

Green. About twenty-four hours.

Court. Then he had time enough to have gone off with it ?

Green. Yes, he had.

Q. Is he a yearly servant?

Green. He is. He has been with me a year next Christmas.

Q. How has he behaved while in your service?

Green. He has behaved well. I never found any thing amiss of him before this, and if he is cleared I'll let him to work again.

Q. If this money had been laid in a proper drawer, or place where money is used to be put, whether you think he'd have taken it ?

Green. I think he would not.

Thomas Edge ( the constable) produced the money.

Court to prosecutor. Tell it over.

Prosecutor ( tells it over.) It is very right.

Court. Take care where you put it for the future.

The prisoner was not call'd upon to make his defence.

Acquitted .

350. (M.) James Scot was indicted for stealing one deal box, value 12 d. two cloth coats, value 10 s. two flannel waistcoats, value 3 s. one shag waistcoat, value 2 s. one dimity waistcoat, value 1 s. seven linen shirts, value 20 s. one guinea and a half, the goods and money of John Jones , in the dwelling house of Mary Racket , then a widow, July 20 . ++

John Jones . I am drawer at the Gentleman and Porter in Leicester Fields . On the 20th of July last, between one and two o'clock, the goods mention'd in the indictment were all in my lodging-room, up one pair of stairs, in the house of Mary Racket, then a widow; the box the shirts were'in, and the cloaths on it, were taken away, but I can't say the exact time.

Q. Did you ever get them again?

Jones. I have all my cloaths again, except two shirts. The prisoner was taken with some of the things on his back, and carried before justice St. Lawrence, where he said he bought them of a woman, and denied having any of the money. We found the box by his directions; that and what was in it he said he had of a man to carry.

Q. Did you know the prisoner before?

Jones. I had seen him once or twice come into Mary Racket's house, and call for a penny worth of beer; I know not how he came by the things.

Q. How came you to suspect the prisoner?

Jones. I had inform'd my uncle, at the Plough in St. Martin's Lane, of my loss, who told me he let a man with such cloaths on a horse, to go to a place near Edgware, so I and another went after him. (The cloaths found produced in court, and deposed to.)

Q. What do you value them at ?

Jones. At ten shillings.

Q. Was he search'd when taken ?

Jones. No.

Benjamin Brown . I went after this man. My brother-in-law living with the prosecutor, he was committed on suspicion of stealing these things. There came in a porter at the Gentleman and Porter in Leicester Fields, where the box was taken from, who said he had carried a box the last night from Rupert-street to somewhere in the Strand. Justice St. Lawrence granted me a warrant, so I went with the prosecutor, and we took the prisoner after looking for him at divers places to no purpose; but having had further intelligence of him, we went to Kingsbury Green, and found he had been at a farmer's house there, but was gone towards London. I followed him, and found him at an alehouse door. By his dress and the horse he rode, I took him to be the person. I ask'd him his name, he said Smith. I asked him if he had not once lived at the Cock in the Haymarket, and he said no. I took him and had him before justice St. Lawrence, with the prosecutor's coat. waistcoat and shirt on, which he own'd. On searching him, he had three shillings and some halfpence in his pocket. He was committed to Newgate on his second examination, and by his direction the box was found at the Green Man and Still in Tyburn-road. I saw it opened, there were four shirts and a coat in it, and the prosecutor swore to the things there.

Q. to prosecutor. How many shirts were found in the box?

Prosecutor. There were four, my property.

Q. How big was the box?

Prosecutor. It was three quarters of a yard in length.

Q. Was the door where it was kept lock'd or unlock'd?

Prosecutor. We had a bean feast that day, and many people going up and down stairs the door was not lock'd.

Robert Thornton . On the Sunday after the prisoner was taken up I went to see him in Newgate, when he told me he believed we might find the things at the Hog in the Pound in Tyburn-road; we went accordingly, and found them there.

Q. How far is that from the Green Man and Still?

Thornton. It is the same house, only it has a double sign. I saw the box opened, and some shirts taken out of it.

Prisoner's defence.

I was at work for one farmer Finch at Kingsbury-Green. On a wet day I came to London, and met with one Stapleton, who had got that box, and talk'd of going on board the Antigallican privateer; he said he would sell me the cloaths very cheap, so I agreed with him for 30 s. for the coat, waistcoat, and shirts. I paid part of the money in the Hay-market, and told him I would pay the rest in Lambeth Marsh, at the King's-Arm, where I attend.

Brown. When I was bringing the prisoner to town, he sham'd drunk, and fell from his horse twice; he then wanted to call at an alehouse to do a chare for himself, where he flung this Common-Prayer book down the vault, and the landlord and we took it out (producing one.)

Prosecutor, That is my prayer-book, and was in my box.

For the prisoner.

William Fryer . I never saw the prisoner but once in my life, and that was at the Three Compasses in Silver Street, on the 20th of July, where he stay'd from five o'clock till about half an hour after nine.

Brown. That is about half a mile distant from the place where the box was taken from.

Q. to Prosecutor. What time did you miss the box?

Prosecutor. I missed it between twelve and one, when I went to bed.

Q. When had you seen it last?

Prosecutor. I saw it at eight overnight.

Guilty 39 s.

[Transportation. See summary.]

351, 352. (M.) Henry Jones & Richard Walker were indicted for stealing 100 lb. of lead, value 15 s. the property of George Longstaff , fix'd to his dwelling-house , Aug. 7 . +

Both Guilty .

[Transportation. See summary.]

353. (M.) Mary Knott , spinster , was indicted for stealing twelve linen caps, value 2 s. one silk handkerchief, value 12 d. one silk and cotton handkerchief, one linen handkerchief, two linen aprons, two pair of worstead stockings, one linen and woollen gown, and 11 s. 6 d. in money number'd , the property of Sarah Thomas , Aug. 16 . || .

Sarah Thomas . I work'd at haymaking with Mr. Page, on Finchley-Common , so did the prisoner. I put my cloaths and money, all I had in the world, in a bag, as she was standing by, and left it in a loft, hanging upon a peg. On the 16th of August we went all together to work in a field about a mile and a half from it. She quitted the field about the middle of the day, and my master's son happening to see her coming out of the lost, between one and two o'clock, he and my master pursued after her, took her, and secured her at Mims, where I saw her. She denied the silk handkerchief and the money ( the goods produced in court, and deposed to.) The gown (with the other things) she had on her back under her own.

Q. What did she say for herself?

S. Thomas. She said she had taken them, but never saw the money or handkerchief. I had put the money up in a rag, and put it into the bag with the other things.

James Page and Henry Page his son confirm'd the account as above, and James Ellis the constable deposed to the prisoner's confession, &c.

Prisoner. I did take the things to be sure; I was set on to do it.

Guilty .

[Transportation. See summary.]

354. (M.) John Canney , otherwise Benney , was indicted for making an assault on Hannah, wife of William Smart , and her the said Hannah did ravish and carnally know, against her will , Sept. 10 . ++

Hannah Smart . I am subject to fits. Last Friday was seven-night being in one, this man came up to assist me; when I came to myself I found him concern'd with me.

Q. How came the prisoner into your room?

H. Smart. I can't tell.

Q. Explain what you mean by being concern'd with you.

H. Smart. I felt him in my body, in the very act, before I had power to speak; as soon as I spoke he went out of the room. I went and sat down, and felt my body very sore.

Q. Was you sensible of any thing that came from him?

H. Smart. I can't say there did. My two children were in the room at the same time; the girl five years old, the boy three.

Q. Where was your husband?

H. Smart. He was not come from work. A girl that sells oisters at our door came up stairs, and ask'd me how I did. I said a man had been up and used me very ill, so that I could not sit in my chair. [The thing was transacted in an elbow chair.] The prisoner lodges in the garret, and I live up two pair of stairs; I never was in his room, nor he in mine before.

Q. Did you ever drink together?

H. Smart. No; I have no manner of acquaintance with him, any more than good night or good morrow, as I saw him go up stairs and down.

Q. Are you very subject to fits ?

H. Smart. I have for many years, and have been an out-pensioner at Bartholomew's hospital.

Q. How long was it after the affair happened before you took this man up?

H. Smart. I went and made my complaint to justice Fielding the next day.

Q. Did you tell any body of it before ?

H. Smart. Nobody but the woman who came up, my husband (whom I told of it aswsoon as he came home) and one Hannah Godier , who would have had me not to have told my husband of it. The mob was so violent when I was coming from Mr. Fielding's, that they had like to have torn me to pieces; the constable had a hard piece of work to save my life. My neighbours are all Irish people, of the prisoner's country, that were so violent with me.

Prisoner. I only endeavour'd to keep her from her fits.

Cross examination.

Q. How long had you been in your own room before you fell into your fits?

H. Smart. I fell into a fit assoon as I got in, finding myself very sick before.

Q. Did this man ever before come into your room, to assist you when in fits?

H. Smart. No, never to my knowledge.

Q. What is the woman's name that sells oisters?

H. Smart. Betty Billington .

Q. Did you never offer, that if he would give you some money you would not hurt him ?

H. Smart. I never offer'd any thing to him about such a thing, nor he to me. My husband took him at the door that night.

Q. How old is the prisoner?

H. Smart. I have heard in the neighbourhood he is 65 years of age.

Q. Are these fits occasioned by drinking strong liquors?

H. Smart. I had drank nothing but small beer and ale that day.

William Smart . I am husband to the last witness. I was at work last Friday was seven-night, and came home at the usual time. We lay by at seven o'clock, I am a taylor. I found my wife in a single chair, when she said, My dear, I have been treated very ill, the rabbit merchant has used me so and so; I spoke to him, and he ran down stairs. I went down to my landlady, to ask her if she knew where he was, and desired her to let me know when she saw him. I heard from above soon after, that he was below. I went down and laid hold of him, and they offer'd to help me with him to the stone house. He was very unwilling at first, but afterwards he went willingly enough.

Q. Was there an opportunity for him to have made his escape, after your landlady had told him of it?

Smart. No, I ran down directly.

Cross Examination.

Q. Did your child of five years old tell you of it?

Smart. No. she never did.

Q. Does she know the prisoner?

Smart. I believe she does not.

Esther Winington . Mrs. Smart's little girl came down stairs, and said her mamma was in a fit. I went up with a gentleman's girl that lives backwards, of eight years of age, when the woman was in a fit, in a two arm chair. John Canney also went up stairs with me, to help her.

Q. Who desired you to come here?

E. Winington. My landlady. She struggled and he held her arms in the arm chair. I went down stairs, and when I went up again the man had come down, which must have been in about four minutes. He said, Lord bless me, I can't hold her; she is too strong for me.

Q. Did he come down in a hurry?

E. Winington. No, not at all.

Q. Did she complain he had used her ill?

E. Winington. Yes she did, about a quarter of an hour after the man was gone.

Q. Did you leave the two children in the room?

E. Winington. Yes, Sir.

Q. What did she say to you?

E. Winington. She said he had torn her, but did not say where.

Q. What is the prisoner's character ?

E. Winington. He is esteem'd to be a very quiet honest man.

Q. Does this woman use to drink gin?

E. Winington. Yes.

Q. Did you ever see her fuddled?

E. Winington. No, but sometimes pretty near it.

Q. Did you observe she was so that day?

E. Winington. Yes, Sir. A neighbour asked her for some money, and she went up stairs, and flung herself into that fit. I saw her fuddled that night.

Q. What time of night was this?

E. Winington. It was just duskish.

Q. Have you ever known this woman have fits before ?

E. Winington. Yes. she has had them once or twice since I have been there.

Q. How came the man to go up?

E. Winington. I heard Hannah Godier say to him, Go up, for my husband is subject to fits, and I don't care to go myself, left I should be flung into them; upon which he went up.

Acquitted .

355. (M.) William Smith was indicted for stealing one silver tankard, value 6 l. the property of John Taber , in the dwelling house of the said John , June 2 . ++

John Taber . I keep a publick house , the Fox and Anchor in Charterhouse-Lane . On the 2d of June about ten at night my wife was in the passage, and the maid was coming out of the parlour. She said to my wife, did you see two gentlemen that I draw'd a tankard of beer for? My wife said, she had not seen any body; and she'd be hang'd if the tankard was not stoln. I ask'd the maid how she came to draw in a tankard to two strangers ? She said, she had seen one (that is, the prisoner at the bar) three or four times before; and she believed he lived in the neighbourhood. Missing my tankard, I advertised it in the Publick-Advertiser, two guineas reward; but have not seen it since. About seven weeks ago there came two men to my house, and asked me if I had lost a tankard? I said, I had; and had not found it since. They wanted me to describe the men I suspected. I call'd the maid, and she described one of the men. She said, the other held down his face. They said, there was such a man in Bridewell, committed by my Lord-mayor for picking a pocket. I and the maid went along with them, but kept these two men out, and desired the girl going along to be exceeding careful who she pitch'd upon. Going in she said, the prisoner at the bar was the man that call'd for the tankard of beer, and also for a pint of twopenny to put into it; and when she came up, they and the tankard were gone ( he was in his waistcoat.) I desired he'd put his coat on. She said; there was no occasion, for she was positive. I took him before Mr. Fielding, and there she swore to him. All he said was, he never was at my house in his life time. They did not pay their reckoning.

Q. Were not there other people in your house at the time?

Taber. There were five people from Buckinghamshire that deal in lace; and one Kelsey, a soldier, that was tried here yesterday.

Ann Bagley . I have seen the prisoner several times come into master Taber's house, and I always draw'd him a tankard of beer. He used to bring two or three people with him. I draw'd him a tankard of beer on the 2d of June, at past ten at night, in a silver tankard, and delivered it to him. They were sitting in a box over against each other; and there were some lace men at the farther end of the room, and a soldier sat opposite to them (they were sitting near the street window.) They sent me down for a pint of twopenny, and I brought it up; but they were both gone, tankard and all.

Q. Where was Kelsey?

A. Bagley. He was sitting in his place when they were gone. I went after this to Bridewell, and saw the prisoner in his waistcoat beating hemp. I knew him as well in his waistcoat as in his coat.

Q. How soon after you was in Bridewell did you pitch upon the prisoner?

A. Bagley. I pitch'd upon him immediately.

Q. Was the coat that he put on the same as he had on at your house?

A. Bagley. The very same.

Prisoner's defence.

I never was in the prosecutor's house in my life. The coat I have now on, I bought a great while since the time they say the tankard was stoln. There was nobody by when the girl pitch'd upon me.

For the prisoner.

Walter Buckland . I am a salesman and taylor in Long-Lane. The coat he has on, I sold him about eight or nine weeks ago.

Q. to A. Bagley. Of what colour was the coat he had on?

A. Bagley. It was white. Such as he has on now.

Buckland. He had no coat of the colour of this in the beginning of June. He is a very honest young fellow.

John Trusty . I am a shoe-maker. I have known the prisoner eight or nine years; he always had a good character. He is a needle maker.

Stephen Trusty . I have known him twenty years and upwards. He is a very honest young fellow.

Sarah Fuller . I have known him ever since he was born. He always behaved very just and honest.

Mary Brooks . I have known him ever since he was born. He is a very honest young fellow.

John Macklin . I have known him fourteen years; he is a very honest sober young man. I serv'd my time to his father.

Acquitted .

356. (M.) Ann Cofield , otherwise Colfield, otherwise Scotfield , spinster , was indicted for stealing nine pound weight of tallow , the goods of a certain person unknown, September 9 .

Guilty 10 d .

[Whipping. See summary.]

357. (M.) Robert Gibons was indicted for stealing six pair of leather garters, value 4 s. the property of Benjamin Griffice , September 4 . ++

Acquitted .

358, 359. (M.) Mary Briggs and Elizabeth Reader , spinsters , were indicted for stealing two linen sheets, the property of Joseph Port ; the same being in a certain lodging room , let by contract; &c. August 16 . ++

Briggs guilty , Reader acquitted .

[Transportation. See summary.]

360. (M.) Ann wife of John Conway was indicted for stealing one stuff gown, value 10 s. one pair of stays, value 15 s. three linen handkerchief, one dimity petticoat, one pair of worstead stockings, one muslin apron, one holland apron, and one linen shift , the goods of Mary Wood , widow , August 9 ++

Mary Wood . The prisoner and I both lodged in one room, in two separate beds. I went out in the morning the 19th of August to work, and left her and my things in the room; and when I returned at night, she and all the things mentioned in the indictment were gone. When I found her she had my gown on her back, and has now.

Ann Peate . The prisoner came and told me she had some things in pawn, and desired I'd fetch them out, and she'd sell them to me (I keep a cloaths shop.) I went with her to five pawnbrokers, and fetch'd them out for twenty-two shillings; a dimity petticoat, a linen shift, one muslin apron, and one holland apron ( produced in court, and deposed to by the prosecutrix.) I have since sold the pair of stays.

Prisoner's defence.

The white holland apron is my own.

Prosecutrix. I am positive it is my own. I know it by two seams that are on it.

Guilty .

[Transportation. See summary.]

361. (M.) William Thomas was indicted for stealing one cloth great coat, value 4 s. and one pair of boots, value 12 s. the property of John Wilkerson , and one cloth coat, value 20 s. the property of Richard Freemantle , September 3 . ++

Richard Freemantle . I live at a place call'd Hardly-Row, in Hampshire. I left a great coat at Chessey in Surry, to be put into Mrs. Field's warehouse there. It was taken away, and produced to me by the constable.

William Dowling . A coachman came and described the prisoner to me, and said he had stoln some things. I took him at Twickenham, and found two great coats and a pair of boots upon him (produced in court.)

John Wilkinson . The prisoner took my coat and boots out of the warehouse where they were put.

Dowling. These are the same I found upon the prisoner.

Wilkinson. The boots and one coat are my property.

Freemantle. The other great coat is mine.

Prisoner's defence.

I took the things up in the yard, not out of the warehouse.

Guilty .

[Transportation. See summary.]

362, 363. (M.) Rebecca Jones was indicted for stealing five brass housings, with leather pads to the same, value 10 s. the property of John Slingsby , and Daniel Davis for receiving the same, well knowing them to have been stolen .

John Slingsly . I am a hackney coachman . Last Wednesday night or Thursday morning my stable door was broke open, at the upper end of Leather-Lane ; and out of six harnesses five of them were cut and mangled, and the brass taken away. I was going out, and I desired my wife to send my man about with the other harness, to see if he could find them that were lost. When I returned at night, I was told there was some of the brass found at Mr. Wright's, a brass founder in Clerkenwell, and they had got the woman. I heard her confess she carried brass to sell for a carpenter and his wife divers times. We took her before justice Keeling, and Davis was fetch'd thither. He own'd he bought the brass of the woman, and the woman said she sold it to him for four shillings and six pence.

John Wright . I am a brass founder. Between eight and nine o'clock on Thursday morning last Davis's apprentice came with some brass to sell.

Q. What is he?

Wright. He keeps an old iron shop within three doors of Mutton-Lane. It weigh'd twelve pounds, and I gave him nine shillings for it, at nine pence per pound. After the boy was gone I observed some pieces of it look uncommonly black. I took it to have been in the fire, in order to burn off the leather. Then I ordered my wife to let it continue in the scale, to see if any body would come to enquire about it; and in about half an hour's time there came a young man and woman, and ask'd if there was any such brass brought that day.

Prosecutor. That was my servant, who went there to enquire.

Wright. They brought a housing with them. I then judged it was the same they inquired about. Upon comparing it, they desired me to let them have some of it to carry to their master. I readily granted it. When the man was at justice Keeling's I was there. The man said, he bought it of a woman, and he could lend her [She was taken by his deferioing her the same night, and brought.] There she correcyed she had a full pot and a dram for selling it to Davis. said, he gave her four shillings and six-pence for it, and I gave him nine shillings; but then I believe there was but a little above eight pounds of that brass, some of the parcel being old because and other sort of stuff.

John Clerk . I am beltman and serve as constable at Clerkenwell (He produced the brass, and a housing and leather pad; they were compared and agreed.)

Prosecutor. Here is not half the brass I lost.

Jones's defence.

It was one Higgs a carpenter that sent me to sell it.

Robert Mosses . I went in pursuit after that Higgs a carpenter (with the woman) into Black-Boy Alley. We heard there was such a man, but could not meet with him.

Davis's defence.

This brass was brought to my shop, and my boy bought it; I was not in the shop. He came to me for four-shillings and six-pence to pay for it, which I gave him.

Sarah Freeman . I was at Mr. Davis's shop, and saw the boy buy some brass of the woman at the bar. It weigh'd eight pounds, and he paid her four shillings and six pence for it.

Davis call'd Thomas Mangleman and his wife, and Benjamin Croaker , who all gave him a good character.

Both acquitted .

364. Samuel Mainstone was indicted for stealing goods out of a dwelling house, value above 40 s.

No prosecutor appearing, he was acquitted .

365. (M.) Elizabeth Hole , otherwise Brown , spinster , was indicted for stealing one pair of cloth breeches, value 7 s. the property of the rev. John Heming , clerk , one cambrick handkerchief, value 1 s. three linen napkins, and one piece of silk , the goods of William Shudal , July 18 . *

William Shudal. I live in Holloway-Street, St. Clement-Danes, and am a robe maker . About the 18th of July my house was under a general repair, and we had removed our things out of the way of the workman as much as we could. The piece of silk was in a drawer, the breeches lay open in a one pair of stairs room, and the other things mentioned in the indictment in the house. They were all taken away.

Q. Did you ever find them again ?

Shudal. I have got them all again. The prisoner at the bar hired herself to my wife as a single woman, and a stranger to our part of the town; but we were immediately convinced she was a base woman. At her first coming she would stay a great length of time in going of errands, and for other ill behaviour I turned her away at three weeks end. After which there came a man to me, and inquired if I had lost a pair of breeches? I said, I had. Then the person told me who had them. I went then and took a warrant for the prisoner, and one Bowen. Upon which Bowen came to me and told me he had bought the breeches of the prisoner; which she, when before the justice, owned also. She also confessed in my hearing, she did take all the things mentioned in the indictment; and she gave her key to Mrs. Jenkins (who was by at the time) who went to her box and found the other things.

Q. Where was her box?

Shudal. In her master's house, Mr. Watson in Smithfield (the goods produced in court, and deposed to.)

Mrs. Jenkins. I live at Fleetditch, and the prisoner had lived with me several times on and off. After I was informed the prosecutor had lost these things, I sent for her to ask her about them; at first she denied it, but before we went to the justice she own'd she stole the breeches, and sold them to Bowen. I insisted upon her keys to look over er things, imagining there might be something of mine there, and in searching her box these other things were found in it.

Q. What was her behaviour while she lived with you?

Mrs. Jenkins. I always thought her to have the best of characters, I have trusted her with things of great value, and was much surprised to see her turn out in this manner.

William Smith . I am apprentice to the prosecutor ( producing a pair of Manchester velvet breeches ) these I had of Bowen.

Q. Whose property are they ?

Smith. They belong to the reverend Mr. John Heming .

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

366, 367. (M.) Catherine King and Mary Collings , spinsters , were indicted for stealing one hat, value 2 s. and one gold ring, value 9 s. the property of James Haste , privately from his person , Aug. 7 . +

James Haste . I live in the parish of Bethnal-Green. I can't say any thing against either of the prisoners at the bar, for I was so much in liquor I don't know I was in their company. On the 7th of August I lost a hat and some money (I don't know how much) and a plain gold ring from off my finger.

Q. Have you ever seen your hat or ring since?

Hasle. They are now in the constable's hands.

Daniel Jones . I am a constable in Shadwell parish There being a great outcry between twelve and one o'clock, on the 7th of August at night, I went to see what was the matter, and Mr. Clark gave me charge of the prisoner Collings for a robbery. I took her to the watch-house, and after a little time the prisoner King was brought in by some other person. The prosecutor was there, and I asked him if he knew either of the prisoners.

Q. Was he drunk or sober?

Jones. At first he did not seem to be in liquor. He told me he was sure they were the two persons that had rob'd him.

Q. Did he tell you in what manner they rob'd him?

Jones. No, he did not. He said he had lost a hat and ring, and some money, and charged me with both of them. I asked him more than once whether he was sure the prisoners were the persons that rob'd him, and he said he was.

Q. What did the prisoners say?

Jones. Collings denied the fact. King said she found the hat.

Q. Where was the hat found?

Jones. I don't know, I did not see it that night, nor the ring neither. I searched King, but found nothing upon her. [The hat and ring were then produced in court.]

Q. to Prosecutor. Do you know whose property these are ?

Prosecutor. They are mine, and what I lost that night.

Mr. Clark. About a quarter of an hour under or over twelve o'clock at night, August the 7th, Collings came into my house, and wanted two penny-worth of bread and cheese. I said, you shall have nothing here. She then wanted me to change a piece of money. I saw it was only a counter, so would have nothing to do with it. The prosecutor was at the door; she ran out to him, put her hand into his pocket, took out a six pence, and gave it me to change. The other prisoner was there; they took him one under one arm, and the other under the other, and drag'd him along. He drop'd on his knees, and I saw King take his hat from off his head.

Q. Is this hat here produced the same?

Clerk. I can't say it is. I observed King had him fast by the hand, tho' I did not see the ring taken from him; but he missed it directly.

Mary Buckle . I keep shop for my uncle, who is a pawnbroker. King brought me the hat and ring here produced; she pawn'd the hat for 2 s. and the ring for 9 s.

Q. Did she come alone?

M. Buckle. I believe Collings came along with her; there was a woman with her, very much like her.

King's defence.

When I first came in company with the prosecutor, he had never a hat on; after we parted I kick'd against a hat, and took it up; and going a little way farther, my shoes being bad, I trod on that ring and hurt my foot, and stoop'd and took it up. This other young woman knows nothing of the matter.

Lucy Martin . I have known Collings these three or four years; she lived servant with me, and had a very good character.

Mary Parker . I have known Collings between ten and eleven years; she was always a very honest sober girl. She has been often trusted in my house, and I never heard she was so much as suspected before.

Both acquitted .

368. (M.) Rice Price was indicted for stealing one silver watch, value 39 s. the property of William Pratt , privately from his person , Sept. 7 . +

William Pratt . I went to meet some friends at the house of Aaron Cox , the sign of the Golden-Lion in Eagle Street , last Tuesday was seven-night. About eleven at night came John Clark and John Williams ; the prisoner followed them in, and came and sat down by me. There were in the room the landlord and James Nailer . After we had been drinking about an hour (during which time I pull'd out my watch to see what it was o'clock). we all rose up to be gone, when I felt for my watch and missed it, and said, Gentlemen, I have lost my watch. The prisoner immediately went out of the house.

Q. Did you know him before?

Pratt. He was a stranger to us all. John Clark and John Williams went out to see after him; he had got almost to the top of the street and then stop'd, as if he was going to make water.

Q. How far might he be got?

Pratt. About 15 or 16 yards distance, it is a very short street; they desired him to go back and discharge the reckoning.

Q. Had he not paid his part before?

Pratt. No, he had not. Then he attempted to make believe he wanted to make water again, and beg'd they would go into the house first; however, Mr. Williams got him into the house and searched him, but did not find the watch upon him. Afterwards the watch was found; the other witness will give an account of that.

John Williams . I went along with Clark to that house about eleven o'clock that night, and at the same time the prisoner follow'd us in, where we found the prosecutor, James Nailer , another man, and my landlord together; they were drinking rum and water. I took hold of the pot and drank to the man of the house, he drank to Clark, and Clark to the prisoner, the prisoner drank it up, and bid the landlord till it. Then the prisoner went and sat down by the right side of the prosecutor, sat there some time, and sang a song or two; at last he removed from thence, and sat at the corner of the box; after that he came and sat by me, Clark and I being drinking together in the opposite box. The prosecutor got up, and feeling for his watch said. I have lost my watch. The prisoner went out directly. Clark had some suspicion of him, as he lodged in the house and had never seen the prisoner there before, so went out after him. [He was obliged to go into the country next morning, so we are destitute of his evidence.] I went out soon after, and then the prisoner was at the door again; they were arguing who should go in first. Clark said, I lodge here, and can come in when I please. I asked what was the matter, and the prisoner saying he would not go in, I took him by the collar, led him in, and searched him. Then Clark said, he has been up a little further, let us go and see if he has not left the watch there. We went, and there I saw the watch lying under a bench by the side of a door, about a dozen or 14 yards from the house where we were.

Q. Did Clark go to him to the place where you found the watch before the prisoner came in?

Williams. No, he did not, but stood at the door and call'd to him, and he came to the door; nobody went thither till after we had brought the prisoner into the house.

Q. How long had Clark been out of the house before you went out ?

Williams. I believe he had not been gone above a minute or two.

Timothy More . I am a constable ( producing a watch.)

Q. to prosecutor. Look at this watch.

Prosecutor. This is the watch I lost that night.

Q. to Williams. Is this the watch Clark took from off the ground?

Williams. It is.

Q. to More. Where had you it?

More. I had it of the watch house keeper.

James Nailer . I was in company with the prosecutor and others when he said he had lost this watch, and saw the prisoner go out at the door directly.

Aaron Cox . I am the landlord of the house. The prosecutor when he was going away felt for his watch and missed it; the prisoner directly went out, and after him Mr. Clark; after the prisoner was brought in Clark brought in the watch, this is it here produced.

Prisoner's defence.

There were two other men in the house; they might have taken the watch.

To his character.

William Evans . I have known the prisoner twelve years, he is an honest farmer's son in my country; he has been in town about 7 years, and always had a very good character.

Q. What is the prisoner?

Evans. He has been a gentleman's servant, but is now out of place.

Mr. Bahington. I have known him two or three years; we lived fellow servants together in St. James's Square four months. He has been gone away about three weeks, but he behaved himself very well in the house.

Q. Did he give warning, or was he turn'd away?

Bahington. He gave warning himself.

Edmund Daw . I have known him three years or upwards.

Q. What is his general character ?

Daw. I never heard or knew to the contrary but that he bore an exceeding, good character.

John Jones . I have known him ever since I can remember any thing, I never heard a bad character of him.

Q. What is your opinion of him?

Jones. I think he is an honest man.

James Bell . I have known him about four months, he is very honest for aught I know.

Acquitted .

369, 370. (M.) Henry Callingham , and Elizabeth his wife , were indicted for stealing one silver watch, value 2 l. 7 s. the property of Dennis Callingham , in the dwelling-house of Hugh Trible , Aug. 30 . +

Dennis Callingham . I happened to meet with this man and his wife.

Q. When?

Callingham. On the 13th of August.

Q. Where did you meet with them?

Callingham. In Abington Buildings, Westminster, I never saw them before as I know of He said he was a name-sake of mine, and brought me from thence to Drury-Lane, where I got drunk; from thence we went to the White Lion in Clare-market , the house of Hugh Trible , where I got very much drunk.

Q. Had you your watch in Clare market?

Callingham. I had, and there I missed it. They went both of them out of the house, and left me to pay all the reckoning.

Q. Did you ever find your watch again?

Callingham. No, I never did.

Ann Stevens . These two prisoners came to our house in Peter-Street, Westminster, on the 30th of August; they forced me out from my work.

Q. Did you know them before?

A. Stevens. I can't say I know any thing of the people, they told me their names were Callingham.

Q. What did they force you out from your work to do?

A. Stevens. They wanted me to go and vindicate myself to my husband, who lives with another woman.

Henry Callingham . Please ye, she is a lie-by to the prosecutor.

A. Stevens. They took me round by Lincoln's-Inn Fields, and about eight at night we went into the White-Lion, where the prosecutor pull'd out his watch, and the prisoner took it out of his hand, and he and his wife went away with it, leaving us behind without a farthing to pay all the reckoning.

Q. Was the prosecutor sober?

A. Stevens. No, he was very much in liquor, but I was not; I saw the thing done.

Q. How long have you known the prosecutor?

A. Stevens About six years.

Q. What did you do upon the prisoner's taking the watch?

A. Stevens. I did not think he intended to keep it from him.

Q. Did you not call to the people of the house to stop him?

A. Stevens. No.

Prisoner's defence.

I know nothing of the watch; they and we were all together, very loving. I never saw him pull it out. He challenged the man at the publick house with taking t he watch, and he sent them both to the Roundhouse.

Both acquitted .

371. (M) Robert Horner was indicted for stealing two silk aprons, value 5 s. one gaute handkerchief embroider'd with gold, five cambrick handkerchiefs, one piece of cambrick, and one suit of muslin headcloaths , the goods of John David Barbutt , Esq ; Sept. 21, 1755 . +

John David Barbutt . I had placed my goods in an empty house belonging to one Jones, an upholsterer, as I was going abroad, and my wife was gone out of town for the benefit of the air, being in an ill state of health. The prisoner and his family were admitted to live in part of the house below stairs, rent free, by the landlord, and my goods were lock'd up in a one pair of stairs room. I went abroad in April, and return'd in November. I expressed my uneasiness at my goods being in a dangerous situation, and on the first of May I applied to look at the house where they were placed. I found there was a padlock on the outer iron gate belonging to the house. I inquired of the people in the neighbourhood, who told me the prisoner had not been seen for two or three days, and that a cart load of goods had been convey'd away a few days before that. Upon this I went to the landlord, and desired him to come with me to the house. He did so, and we broke a door open to get in; and upon opening the door of the room where my goods were placed, and searching the trunks (wherein had been put goods of all sorts, linen, china, &c.) we found every thing empty; but as there are some particular articles that I can charge him with, I think it needless to trouble the court with the rest; the following things we can produce, a gause handkerchief embroider'd with gold, 5 cambrick handkerchiefs, and a remnant of cambrick (produced in court and deposed to.)

Q. Where did you meet with them?

Barbutt. At Mr. Gibons's a pawnbroker, at the corner of Turnstile, but did not secure the prisoner till the 13th of last month, as he was out of the way and I could not find him. When I charged him with having rob'd me, he seem'd to be extremely concern'd for what he had done. He was examined before the justice, where he own'd the fact, and was committed to the Gatehouse. He gave an account where part of the things were, and we found them by his direction.

Thomas Gibons . The goods here produced were pledged to me by the prisoner on the 22d of September last; he said he had an order from Mrs. Barbutt to pledge them, to redeem a bed out of pawn, which he took away at the same time.

Prisoner's defence.

I fetch'd that bed out to carry to madam Barbutt. I had no orders to pawn the bed, but having done it I carry'd these other things to fetch it out.

Guilty .

[Transportation. See summary.]

372. (M.) Elizabeth Waters , spinster , was indicted for stealing one 3 l. 12 s. piece, two 36 s. pieces, three guineas, and 3 l. in money number'd, the money of Thomas Limbrick , in the dwelling-house of the said Thomas , Jan. 24, 1755 . *

Thomas Limbrick . I live at Marybone, and lodge at the house of William Green. I lost upwards of 40 l. but there is a mistake in the indictment for instead of 3 guineas it should have been 30; there were upwards of 30, which I lost along with the foreign gold pieces.

Q. Where was the money taken from?

Limbrick. It was all in one drawer, in my lodging room.

Q. What was the prisoner?

Limbrick. She was my servant about three months.

Q. Were the drawers lock'd?

Limbrick. They were, but by taking out the upper drawer the board it run upon was broke; so she could put her hand down and take it out.

Q. When did you lose it?

Limbrick. It was in January was twelve months. She left my house upon it, and I advertised her directly. When she was taken, she confessed the fact to me. I asked her how she came to rob me. She said she took all the money, and was sorry for it. I asked her what she had done with it, and she said she had squander'd it away.

Q. Did she mention any of the particular pieces ?

Limbrick. No, she did not. She said that after she had taken it she went to a house in Drury-Lane, where she gave a woman four guineas to go and buy her some things.

The prisoner had nothing to say in her defence.

Guilty of stealing, but not in the dwelling house .

[Transportation. See summary.]

373. (M.) George Langley , otherwise Playter , was indicted for stealing one silk purse, value 6 d. one canvas bag, two gold watches, two Pinchbeck metal watches, two silver watches, two gold seals, one Pinchbeck metal snuff box, one gold medal, two gold rings, one pair of sleeve buttons, 37 pieces of foreign coin call'd 36 s. pieces, twenty-seven moidores, one half moidore, one hundred and twenty guineas, and nine pounds three-shillings in money number'd, the goods and money of William Price , in the dwelling-house of the said William , August 11 ||

William Price . I live at the Queen of Hungary's Head near Sadler's Wells . The prisoner at the bar lodged a fortnight at my house.

Q. How came he first to your house?

Price. He was brought to my house by Mr. Wilkerson, his wife, and Miss Wilkerson, who dances on the wire at the Wells. On the 11th of August he paid me five pounds eleven shillings and six-pence, being the last day of his being at my house. When he was gone I carried the money to my wife, who keeps my money. She said, I think here is a piece of gold like a thirty six shilling piece. She went to put it to the other money, but every shilling was gone. I went in search of him, and being told he was at the Swan in Smithfield I found him there, and charged him with robbing me that morning. He at first denied it, and said, you know I told you I had but two guineas, and now I have but a guinea and half, and said I might search him; I put my hand in his pocket, and pull'd out twenty-four pounds ten shillings, and a Queen-Ann's crown piece that I can swear to, made in the year 1713, and yellow'd over.

Q. In what coin was this money?

Price. It was some guineas, some nine-shilling pieces, thirty-six shilling pieces, and moidores. After that he own'd he had rob'd me. I ask'd him if this money I had found upon him was mine ? He said, it was.

Q. When had you seen that crown piece last?

Price. I can't tell. I told him that was my crown piece, and that he stole it from me; yes, said he, I did ( produced in court, and deposed to.) I carried him back to my house.

Q. By what do you know it ?

Price. There is a little scratch on the face of it, and the yellow is worn off that part by keeping it in my pocket. My predecessor left it me, and I always kept it; was it put among a hundred crown pieces I'd pick it out. He had got a Pinchbeck watch in his pocket. Some of the people pull'd it out, and ask'd me if it was mine? I knew it, and said it was, and that both I and my wife would swear to it; he said, it was mine. I then charged him with stealing 120 l. He said, if I'd go home with him, he'd give me what he had not spent; but what he had spent, he could not give me. I charged him with taking other watches. He denied taking any, except this, and one which he sold in Cheapside, to Mr. Watkinson Wildman; that he said he took out of my house, and that he had changed it with seven guineas for another watch, name Clark.

Q. What was that, silver or gold?

Price. Mine was a silver one. My wife knowing best what money was lost, charged him with that in my hearing. He said, he had but so much out of one bag, and so much out of another; not allowing he had taken so much as she said he had.

Q. Have you seen any other of the watches since ?

Price. No, I have not. He was carried before justice Keeling, and there he wrote a confession with his own hands, and sign'd it.

Q. Where was the money taken from?

Price. From out of a chest or drawers in the chamber I lie in. I never troubled myself with that, but left it with my wife. When I wanted 20 l. or 30 l. I had it from her, and the watches were some in a glass case on the drawers, and some in the drawers.

Cross examination.

Q. When did he come first to lodge with you?

Price. A fortnight before the 11th of August, but he had used my house a fortnight before that.

Q. Where did he lodge before?

Price. At the White Lion in Wood's Close, as they tell me.

Q. What did you take him to be?

Price. They told me he was an esquire, but I did not believe it.

Q. What did he himself tell you?

Price. He told me he was a planter's son in Antigoa; he fell in love with Miss Wilkerson, and was going to make away with himself for her, as I was inform'd.

Q. Were not Miss Wilkerson and he frequently together at your house?

Price. They were.

Q. How much did he run up in that fortnight's time?

Price. He run most of that score he paid me before he came to lodge with me.

Q. Can't you tell how much money he spent in that fortnight?

Price. I cannot. There was once nine or ten of them at supper together.

Q. How old is he?

Price. He told me he was very near seventeen years old.

Q. How came you to encourage him to bring Miss Wilkerson to your house?

N. B. The second Part of these Proceedings will be published in a few Days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Gaol Delivery FOR THE CITY of LONDON, And also the Gaol Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 15th, Thursday the 16th, Friday the 17th, Saturday the 18th and Monday the 20th of SEPTEMBER,

In the Thirtieth Year of His MAJESTY'S Reign. NUMBER VII. Part II. for the YEAR 1756. Being the Seventh 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.

Price. I TOLD him I would trust him no more, and after I was rob'd she never came more.

Q. Whether you have not proposed or told any body, that if he wou'd confess the taking of your money you would not prosecute him.

Price. There was such a thing mention'd by the gentlemen; they desired him to confess where the money was.

Q. Name who mention'd that.

Price. Mr. Rosoman offer'd him 5 guineas to tell where the money was, and said if he would he shou'd go about his business.

Q. Was this in the presence of the justice?

Price. I believe it was, but am not sure.

Q. Who is Mr. Rosoman?

Price. He keeps Sadler's Wells.

Q. Did not you make him such a promise as to forgive him, if he would tell you where the money was?

Price. I don't know but I might say, Be so good as to tell me where my money is, and if you lie in gaol, or are sent abroad, and want any money, you shall not starve.

Q. Let the court know the express terms that any body mention'd to him, about favour being shewn him.

Price. I know no more than what I have told already; I myself made him no farther promise than what I have said, that he should not want in gaol till he came to be tried.

Elizabeth Price . I am wife to the prosecutor. The prisoner came to lodge at our house the latter end of July, and staid a fortnight. He went from our house on the 11th of August, about a quarter after six. I had about 18 watches in my bed room, and upwards of 300 l. in cash, which I missed that same day. My husband came up stairs, and gave me some money he had received of the prisoner, 3 guineas and a 36 s piece. I asked him where he had the 36 s. piece, for it was like my own money. I then took the key of the drawer which lay on the table and open'd it, and all was gone.

Q. Where is that 36 s. piece?

E. Price. I forgot to bring it with me; it is at home.

Q. What coin did your cash that is missing consist of?

E. Price. There were one hundred pounds tied up in a canvas bag, 5 times nineteen guineas and 5 s. in silver; there was a purse with 48 guineas, and another green silk purse with thirty seven 36 s. pieces, in another old green silk purse there were 27 moidores, and in a piece of paper there were wrap'd up 36 pounds in gold and silver, in order to pay my landlord; there were also eight pounds eight shillings in silver, tied up in a canvas bag, and a quantity of gold in a running cash bag, I don't know how much, but imagine there might be about twenty or thirty pounds of it; it was in a hair bag, and I had taken seven guineas out of it over-night; and there was a particular crown piece lay upon the gold in the same drawer where all the money lay.

Q. Was the drawer where the money was always kept lock'd?

E. Price. It was.

Q. Where were the watches ?

E. Price. They were in a glass case upon the chest of drawers: There was a bag, in which there was a bond belonging to us, and there was also a 20 l. bank note taken away.

Q. Did you use to leave that key on the table?

E. Price. It was often left on the table, but the two room doors were always lock'd. Upon missing the money I call'd my husband up, and ask'd for my money (thinking he had done something with it.) He ask'd me if I was mad. The prisoner was brought back to our house about eleven o'clock that morning. I ask'd him for my own watch. He said, Mrs. Price, I have not your own watch; but if you'll go down stairs into your room I'll give you your watch. When he went into my room I saw a watch hang out of his pocket. I pull'd it out, and said, that is not what I mean by my own watch, but this is one of mine; it is a Pinchbeck meta watch (produced in court, and deposed to.) I said to him, is not this mine? He said, yes madam, it is. I was call'd down stairs, and left my husband and Mr. Rosoman with him. Sometime after that we went up stairs, and on the bed where he lay, there was my watch laid wrap'd up in a dirty piece of paper on the top of a press bed.

Q. Where is that?

E. Price. I did not bring that.

Q. Where was that taken from?

E. Price. It was in a drawer among my own cloaths, in the same room where I lay. I had wound it up about five o'clock in the afternoon the day before. I charged him at the same time with taking the several sums of money mentioned. He said, he took the money wrap'd up in the paper and the money out of the purse, and put in halfpence.

Q. Did he own he took all the money?

E. Price. No, he never owned he took the 100 l. bag.

Q. Did he own he had taken all the watches which you missed?

E. Price. No, he said he had taken but two watches; but there were several snuff boxes that he had taken out of the same shew glass. He made a present of one to Miss Wilkerson (a Pinchbeck snuff box, with two gold rings, produced in court.) These were delivered to me by Miss. Wilkerson. The box is mine, and I can swear to one of the rings. The other I cannot, because the stone has been altered.

Q. Where did you lose that ring from?

E. Price. From out of the glass case.

Q. What is that worth?

E. Price. It is not worth above 15 or 16 s. ( Another watch produced.)

Q. Look at this silver watch, do you k now it?

E. Price. This is also my property. This was at Mr. Wildman's a goldsmith's, and I lately offered it for four guineas and a half to one of Mr. Rosoman's waiters.

Q. Did you see the money that was taken from the prisoner?

E. Price. I did; there were twenty four guineas or thereabouts. He said he took it out of the drawer. At that time he told us he had sold a watch to Mr. Wildman. My husband was by.

Q. Was there any threats made use of before he acknowledged this ?

E. Price. The gentlemen said, if he'd give the poor people their money again, things should be made easy.

Q. Where was this?

E. Price. This was at the justice's, but I was in too great a passion to observe much what was said.

Cross examination.

Q. How long was it before the 11th of August that you saw the ninety-five guineas and five shillings in silver?

E. Price. Two days before I had it in my hand and tied it up.

Q. How long before that time did you see the 37 thirty-six shilling pieces?

E. Price. I saw them on the Monday morning before, and the moidores also. The other money I saw on Wednesday morning

Q. Were the keys left in the doors?

E. Price. So he says, but not as I know of.

Q. Is not your's a publick house?

E. Price. It is, but nobody goes up there.

Q. How much of your money have you got again?

E. Price. About twenty-four pounds ten shillings, and three watches.

Q. How much money did he acknowledge he took?

E. Price. He acknowledged he took thirty-six pounds, the running cash, and the forty guineas, and put in halfpence. He said he had paid his taylor and his millener, and had bought I don't know how many things with the money.

Matthew Wells . I am shopman to Mr. Wildman, a gold-smith, in Cheapside. On the 19th of July between eight and nine o'clock the youth at the bar came to the shop, and asked to see some stone buckles. I shew'd him some, and he bought a pair of shoe buckles, a pair of knee buckles, a gold watch chain, and key, a gold compass seal, and a case to hold the silver buckles in; in all he paid five pounds four shillings. He came about the Thursday following with the pair of stone shoe buckles, and desired I'd take them again. I told him. I would, but could not allow him so much as he gave for them. I give him thirty-six shillings. Then he desired I'd keep them a few days, and he'd fetch them again; he said his father did not like them. He came on the 31st of July and ask'd for them. I gave him them, and he gave me a thirty-six shilling piece. Pray, said he, have you ever a good plain gold watch? I shew'd him one, and took in exchange between this silver watch here produced, and that, seven guineas.

Mr. Baileys. I am clerk to justice Keeling. The prisoner was brought before him, and ask'd, if he'd make a voluntary confession? He said, yes. What Mr. Rosoman said to him, was after he had sign'd it. There were no such words said to him before the justice of giving him five guineas. After the confession was made, I read it over to him three times, and each time he was ask'd if he was satisfied; and he answered he was.

Q. Where is Mr. Rosoman ?

Prosecutor. He is not here.

Court. We can't suffer this confession to be read under the circumstances of such a promise made, &c.

Isabella Wilkerson. (She takes a Pinchbeck snuff box in her hand, and the ring the prosecutor's wife deposed to.) I know both these, I had them of Mr. Langley.

Q. What time had you them of him?

I. Wilkerson. I can't tell.

Q. How came you to part with them?

I. Wilkerson. I heard he was taken up, so I delivered the box to Mrs. Price on the 11th of August. I don't know who I delivered the ring to.

Q. Were they given you both at one time?

I. Wilkerson. No, they were not; the box was given to me first, and I have worn the ring a good many times. I believe pretty near a week.

Cross examination.

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

I. Wilkerson. About a month.

Q. Where did he first become acquainted with you?

I. Wilkerson. At the Wells.

Q. What, before he came to lodge at Mr. Price's ?

I. Wilkerson. Yes, he told my Papa when I had done performing to come and sup with him; but I did not know the gentleman.

Q. Did you ever wear that ring in Mr. Price's house ?

I. Wilkerson. Yes I have, and used the snuff box too, many times.

Prisoner's defence.

I made that confession because Mr. Price told me he would set me at liberty. I hope your Lordship will consider my youth. I am not sixteen years of age. I beg to be transported.

To his character.

William Roch . I have known the prisoner about twelve months. I have trusted him several times in my shop, and I always took him to be a very honest young man. I am a stationer, and he has friends living in great repute in my neighbourhood.

Francis Williams . I am a linen-draper in Holbourn. I believe I have known him a year. I have trusted him in my shop, and he is of very reputable parents.

Q. Upon your oath, what do you think to be his age?

Williams. I really believe him to be about sixteen.

Q. to Roch. What do you think to be his age?

Roch. About sixteen.

Philip Marsh . I have known him a year or something better. I took him to be a very modest lad, and I never heard a tittle against his honesty.

Q. What is his age?

Marsh. I take him to be between sixteen and seventeen.

Guilty Death . Recommended.

374. (M.) Elizabeth Matthews , spinster , was indicted for stealing one 36 s. piece of gold , the money of William Howel , July 17 . +

Catharine Howel . My husband's name is William, and we live at the Crown and Scepters, in Charles-Street, Covent Garden. I delivered three thirty-six shilling pieces to Samuel Turner my servant, to go out and get changed. After he had been out some time he sent for me to the place where the prisoner was. He desired I'd take the two, and said he was rob'd of one by the prisoner. He delivered one changed, and the other not.

Q. Where was it he sent for you to come?

C. Howel. It was in a court just by Catharine-Street . He was standing in the street, to keep the prisoner from coming out at the door. I went to see for a constable, and when I returned I met him and the prisoner, and her acquaintance, coming to go before the justice. She ask'd her friend what she should do? The other answered, d - n you madam, we'll Bury him. Before the justice the prisoner own'd she had the piece of money in her hand.

Samuel Turner . I was servant to Mrs. Howel. She sent me to get three thirty-six shilling pieces changed. I went in at the Peacock, the corner of Exeter Street, and ask'd the mistress to give me change for one. She said, she could not. Then the prisoner took it in her hand, and said it was a counterfeit, and swore I should not have it. She flung it upon the table to chink it, and then took it up and put it into her pocket. She had a pewter plate in her hand, and swore if I offer'd to touch her she'd cut me down with it. I laid hold on her arm (she had lost blood that day) and it fell a bleeding, so I let her go. She went out, and then into her own house in Catharine-court, near White-Hart Yard; I followed her, and sent mistress word that I was rob'd.

Q. Did the landlady of the house see her take it?

Turner. She saw her fling it down on the table, but she said, she could not swear she saw her take it up.

Q. Did the landlady hear all the conversation between the prisoner and you about it?

Turner. She must hear all that.

Q. How long did the prisoner stay in that house after she had got it?

Turner. I believe about fifteen minutes. When I took the prisoner to the justice the woman of the house was sent for, and she swore she saw the piece of money flung down on the table, and I swore the prisoner took it up. She was committed to New-Prison for farther examination.

Prisoner's defence.

I went into that house to carry a pewter plate, when this man happened to be there, drinking a pint of beer. He ask'd for change for a thirty-six shilling piece, and said I had got the piece. Mrs. Pratt (the woman of the house) said, she never saw any thirty-six shilling piece he had. Here is a watchman can give an account how he wanted to swear this piece upon another.

For the prisoner.

Thomas Buckle . I am a soldier now, but then was a watchman in the parish. I happened to be at justice Fielding's when the prisoner and prosecutor were there. The prisoner wanted to get a warrant against him for scandal, in saying, she had rob'd him. After she was committed, he said to me, Buckle, you have known me some years; I said, yes, so I have. He said, if you'll go down to Mrs. Pratt's I'll treat you with a pot or two. We went down, and he call'd for a pot of beer. Then in came a woman. He took hold of her by the arm and charged me with her (he thought I was watchman then, but I was not ) and said, you are the woman that took my 36 s. piece.

Q. What was that woman's name?

Buckle. I don't know that; we took the woman to justice Fielding's. The people at the door said, he had committed one already, what would he do more? and kick'd him from the door. He said to me the woman that is committed is not the woman that took the piece of money.

Acquitted .

375. (M.) Mary Fitzgerald , widow , was indicted for stealing one cloth coat, value 10 s. the property of Robert Porter , August 6 . +

Margaret Porter . I am wife to Robert, and the prisoner was a workwoman of ours. I delivered a coat cut out to her, to make up, on the 6th of August, and she carried it up stairs; but the next morning she and the coat were gone. I found her in the street, got a warrant for her, and took her before justice Fielding. There she confessed where it was pawn'd, and I found it accordingly.

Q. Was it made up before she took it away?

M. Porter. No. It was pawned without the lining in the pieces.

Acquitted .

376, 377. (M.) Catharine Lansdown and William Murry were indicted, the first for stealing one silver watch, value 42 s. and 6 s. in money number'd , the property of Robert Carpenter , and the other for receiving the same, well knowing them to have been stolen , September 8 . ||

Robert Carpenter . I was coming along Catharine Street last Sunday was seven-night betwixt ten and eleven at night. The prisoner ask'd me if I'd give her any thing. I ask'd her what she would have? She said, give me a glass of wine. So I went with her to a house in White-Hart Yard . She ask'd for a candle to go up stairs. I ask'd if I could lie there all night? Then we went up and had a pint of wine, and I paid a shilling for my bed. We went both to bed, and the next morning about five o'clock she said, she wanted to go down stairs into the yard. Then I thought I would see what a clock it was. I went to look, and found my watch and my money were gone, and my breeches were taken from under my head. She had been gone about four or five minutes. Then I jump'd out of bed, and ran down stairs directly, and told the man of the house how I had been served.

Q. Had you been a sleep?

Carpenter. I had.

Q. Did you perceive her to meddle with your breeches ?

Carpenter. No, I did not.

Q. What money did you miss?

Carpenter. I had changed half a guinea in the house, and I missed six-shillings of it. She left me one shilling and six-pence in my pocket.

Q. What sort of a watch was it?

Carpenter. A silver watch.

Q. Was you fuddled when you went to bed?

Carpenter. No, I was not.

Q. Are you sure you had your watch and money when you went to bed?

Carpenter. I am very sure of that.

Q. What time did you go to bed?

Carpenter. About eleven o'clock. The man of the house (named Edward Welch ) and I ran about to see if we could find the prisoner, and about five in the afternoon we met with her in Drury-Lane, at the King's Head. We carried her before justice Fielding, and he committed her to prison. I went to her there last Tuesday, and Welch with me. There she told me she had given the watch to the other prisoner, Murry. He was in New-Prison at that time. She sent a letter by me to Murry since she has been in Newgate, to know of him where he had pawn'd it, and he sent his mother along with me, to the pawnbroker's. She confessed to me she had the watch and money too our of my breeches, and gave them to Murry under the table in Drury-Lane where we took her, and Murry said, he had the watch of her in the same manner, and said, he was sorry for it, and hoped we would not hurt him.

Q. Where did he say it was pawned?

Carpenter. He said it was pawned in Leather-Lane at the Three Balls, and I went and found it ( produced in court, and deposed to.) I had advertised it, No. 622, and Scofield, London, on the dial-plate.

William Bowyer . I am apprentice to the pawnbroker where Murry brought this watch, and pawn'd it with me on Wednesday was seven-night at night. I lent him two guineas upon it.

Q. What is your master's name?

Carpenter. His name is Coy.

Edward Welch . I was by when the prisoner was taken, and I believe Murry was by at the time; but I did not see her deliver the watch to him. I went along with the prosecutor to Newgate, to see the prisoner Lansdown, and heard her confess she had taken the watch and given it to Murry under the table, and upon the prosecutor's saying, he would fetch out the watch and pay the money, Murry let him know where it was.

Lansdown's defence.

That Welch sends me out to get money for him by bringing people into his house. I met with the prosecutor, and had him home to Welch's house. We went up stairs, and he paid for a pint of wine and a bed to stay all night, and as he was to meet me again (not having money enough about him) he let me have his watch to pawn, and the next time he saw me he was to bring money, and I was to fetch it out again.

Murry's defence.

This woman give me the watch to pawn when I was in liquor, and I went and pawn'd it for her.

Lansdown guilty .

Murry acquitted .

378. (M.) James Clowes was indicted for the wilful murder of Sarah Wheeler , by mixing a certain quantity of laudanum in the liquor which she drank . He stood likewise charged on the coroner's inquest for the said murder, August 2 .*

Sarah Hill. I never saw Sarah Wheeler living in my life. I search'd her after she was dead.

Q. How long after her death?

S. Hill. I believe about five hours after.

Q. Had she any marks of violence upon her?

S. Hill. She had none at all, no blackness, nothing but the settling of blood in her shoulder.

Q. Had you any reason to conclude she came by an unnatural death?

S. Hill. No, none at all.

Q. Had she any blackness on her belly?

S. Hill. No, she had not.

George Dutton . I am a painter. I neither knew the deceased nor the prisoner. On the second of August about half an hour after eleven at night, I saw the prisoner and a hackney coachman take a woman out of the coach, and I took her to be dead. It was in Chick-Lane, at the corner of Cross-Keys Court. The prisoner came out of the coach first. Then he laid hold of the woman's shoulders, and the coachman by the legs, and they carried her down to the house of Mrs. Deal, as they call her; it was her former husband's name, but her right name is Price. They laid her down at the door, on the threshold, and she could not stir hand, foot, nor leg, nor nothing in the world. She had no life in her at all seemingly.

Court. Have you got the coachman here?

Coroner. No, we could not find him.

Prisoner's council. We have him and shall call him.

Dutton. The prisoner ask'd for a lodging for his wife and himself. Mrs. Price came to the door to him. She said, what is all this? what do you want? He said, he wanted a lodging, and they talked a good deal. She said, ther e is no lodging here. He said, don't make yourself uneasy; if any thing should happen I'll give you five guineas (but he pull'd out none.) Then I said, mistress, this woman is a dead woman, and I would not have you take her in upon any account. The prisoner said, dead! no, dead drunk. I said (shaking my head) I was afraid it would be worse than drunk. After more talk, she was admitted into the house. Then the prisoner and coachman carried her into a little room on the left hand side of the entry, where there was a bed. As soon as they had got her into the room the prisoner was for going away. Mrs. Price said, no Sir, if you go away pray take the woman or your wife (one was mention'd, I know not which) away with you. Then he made no more to do but undressed himself, and into bed he went.

Q. Was he sober?

Dutton. I believe he was hardly sober.

Q. Was the woman in the bed?

Dutton. No. She lay on the floor, by the side of the bed. He turned himself on his left side and call'd for the maid to come and undress the woman, and put her to bed. The maid was then gone to the coach to see what was left in it. She came in with one shoe and two dogs in her hand. Then she went to undress the woman, and I went away.

Q. What is your opinion, as you saw her lying on the floor, was she dead or not?

Dutton. Upon my oath I then thought she was a dead woman.

Elizabeth Green. I am servant to Mrs. Price. I went to undress the woman to put her to bed.

Q. Was she dead or alive?

E. Green. Her legs felt very cold, and I did not perceive any breath.

Q. Did you undress her?

E. Green. I did; and help'd her into bed. The prisoner got out of bed and took hold on her shoulders and I her feet, and we put her in.

Q. Was she warm about any part of her?

E. Green. Her body was warm, her face was cold, and her stomach was warm; but her legs and hands were quite stiff.

Q. After that, what did the prisoner do?

E. Green. He went to bed to her.

Q. How long might they lie together in bed?

E. Green. The watch had just gone twelve when he went to bed. He staid in bed with her till six in the morning.

Q. Did you see him at six?

E. Green. No, I call'd my fellow servant up at six. Her name is Ann Bennet . I came to her as soon as the prisoner went away, which was about five minutes after six. I applied and rub'd her with warm cloths, to see if I could fetch her again; but when we came to move her about seven o'clock we found she was quite stiff, and purged very much. We could hardly move her.

Q. Did you help to lay her out?

E. Green. I did.

Q. Did you see any marks of violence upon her?

E. Green. No, none at all.

Q. Do you think in your judgment that she came by any violent death, or had a fit, or was drunk, or what?

E. Green. The blood had settled very much about her, but there were no marks of violence at all.

Q. Where did the blood settle?

E. Green. Upon her arms, her back, and neck.

Q. Was her belly or stomach swell'd greatly?

E. Green. No, I did not see her after eleven o'clock.

Ann Bennet . I am fellow servant to the last witness. When I went into the kitchen the prisoner was standing by the bedside.

Q. Did you see him?

A. Bennet. I happened to push open the door and saw him. He asked me what business I had there? I asked his pardon. After that I went in to see how the woman did, about six o'clock, and in the mean time he went away, and left two shillings on the board. The woman was really dead.

Q. Did you see her after this?

A. Bennet. I did, there were no marks of violence upon her at all.

Q. Do you think she died a natural death?

A. Bennet. I believe so. I never saw the prisoner before or after, till I was taken to his house, and then I knew him again.

Jane Price . I remember the prisoner and the deceased coming to my house. He took her by the shoulders and the coachman by the feet and brought her along; she was dead as I thought.

Q. How came you to take her in?

J. Price. He would persuade me she was but dead drunk. I saw her again about six o'clock in the morning. She was just a little warm in her body, but her limbs were quite stiff.

Q. Where was the prisoner then ?

J. Price. He was then gone. The very moment he came out I ordered the maid to go and see how the woman did.

Q. What, did not you apprehend she was dead before?

J. Price. I did apprehend she was dead before.

Q. Did the prisoner ever come to your house after that?

J. Price. No, he did not.

Q. Who buried the woman?

J. Price. I did, two days after.

Q. How came you to bury her without sending for the coroner?

J. Price. I thought it was a scheme of some body to bring a woman out of a lodging house for me to bury. I did not think any thing else but that she was dead drunk, there being no marks of violence upon her. She was as fine a corps as ever I saw in my life. There were enough and enough people to see it.

Q. Did not she swell in her stomach?

J. Price. Not a quarter so much as I have known some; but what liquor she had work'd out at her mouth was very strong.

For the prisoner.

James Hambleton . I took the prisoner up in my coach the second of August, and a woman along with him.

Q. Did she come into the coach herself, or was she brought in?

Hambleton. I helped her in.

Q. Was she alive or dead?

Hambleton. She groan'd, but did not speak a word.

Q. Was she drunk?

Hambleton. Yes she was drunk to be sure.

Q. Where did you take her up?

Hambleton. I took her up at the White-Horse in Little-Britain.

Q. How far did you drive her?

Hambleton. I drove her about one third of a mile. They called coach as I went by the door.

Q. Who desired you to take her in?

Hambleton. The prisoner did. He said he was only going to Smithfield. I said I lived in Cold-Bath-Fields, and was going home; he said, then that will not hurt you. I helped him into the coach along with her; he said go gently, and take care of her, do not hurry too fast. When I came into Smithfield I asked him where I must go; he said just into Chick-Lane. I stopped at the place, and helped her out.

Q. How was she when you helped her out?

Hambleton. She was much as she was when we put her in. I saw no alteration in her, there was a strange man coming by, and he helped us with her.

Q. Do you apprehend there was any violence done to the woman ?

Hambleton. I apprehend there was not. He bid me take care when we helped her out.

Acquitted .

379. (L.) Thomas Philips was indicted for forging a certain order for goods , to this purport:

' Sir, I received the hats, and like the price very ' well, and so long as you use me well I shall continue ' to trade with you. My wife has made out ' the mistake. Please to send me the following ' goods as soon as possible. I shall order a neighbour ' to call for them at your shop to morrow at ' eleven o'clock, but I shall expect three months ' credit for these goods, which I call ready money, ' although six is called good pay.

' From your humble servant, Richard Hall.

' June 7 , 1756.

' I want no felts, but stiff hats, &c.'

and for uttering and publishing the same, with intention to defraud Joseph Manwaring .

Jos. Manwaring. I am a hatter , and live in Bartholomew-Lane, opposite the Bank of England. The prisoner came to me on the 14th of June, and told me he wanted a little fortment of hats to go down to Mr. Hall at Suston, about two miles from Ponders End. He said they were for one Mr. Hall, who lived in repute there, and sold hats and many other things in the haberdashery way, and if I used him well I should have a good customer of him. He appeared as a country farmer. I asked him where he lived; he said he lived next door to the church at Torrenham, that he had a great farm there, and had lived there some time, and kept cows and horses, and should be glad to see me there. I told him I would come down when I had a little time, and in a little time after that I did; but he had got that and also another parcel of goods of me first. The first parcel he received from me on the 14th of June by a verbal order. I received a written order from the prisoner at the bar as a true order from one Richard Hall.

Q. Whose hand writing was it?

Manwaring. I know it to be the prisoner's hand writing.

Q. How do you know that?

Manwaring. He owned to me it was his own hand writing, and I have many other letters to compare with it, wrote in the year 1754.

Q. Did you ever see him write?

Manwaring. I have, ( be produced a 10 l. bill ) I saw him write his name on this; that is, the indorsement on the back of the bill.

Q. Where did he write this?

Manwaring. In my house.

The order read.

Directed for Mr. Jos. Manwaring, hat-maker, at the Hat and Beaver behind the Royal Exchange, London.

' Sir, I received the hats, and like them at the ' price very well, and so long as you use me well ' I shall continue to trade with you. My wife has ' found out the mistake.'

Council. There was a mistake in the first parcel.

' Please to send me the following goods as soon as ' possible. I shall order a neighbour to call for them ' at your shop to morrow at eleven o'clock, but I ' shall expect three months credit for these goods, ' which I call ready money, although six is called ' good pay.

' From your humble servant, Richard Hall.'

' June 7. 1756.

' I want no felts, but stiff hats and beavers. If ' you have not all these sorts now ready, please ' to send what you can at present, I want them to ' go to a fair in the country immediately. Six at ' 6 s. six at 7 s. six at 8 s. 6 at 9 s. three at 11 s. three ' at 12 s. three at 13 s. three at 14 s. three at 15 s. ' and two small.'

Q. Had you ever any conversation with the prisoner on this letter?

Manwaring. No farther than reading the letter.

Q. In pursuance of this did you deliver these goods to him?

Manwaring. I did, and he received them accordingly. I sent them according to his order to the Black Bull and Bell, in Finsbury, Moorfields, to the prisoner at the bar. I think either he or his son left a direction in writing for me to send them there to them. I think his son came with him, but I know he came on Saturday the 26th of June, the very day the parcel was delivered, and said he'd call at the Bull and Bell, and take them down in his care to Mr. Hall. About the 2d of July I was informed the goods were not carried to Suston, but delivered at another place. Then I began to stir pretty much in it. They were lodged with one Fryer, a man whom the prisoner desired me to go and enquire his character of; he lives in Great Queen Street, Lincoln's Inn Fields, and deals in hats, stockings, and other things. I went to Justice Fielding and told him the case; he directed me to go there, and take another person with me, and see if I could find any of my goods there. I went, and took Thomas Lewis , who lives in Queen Street, with me; there I saw two dozen of my hats with tickets on them on his counter, and all the rest in the box but three, and one at 8 s. I bought one of Fryer for 13 s. 6 d. and carried it to justice Fielding to prove it was my property. He asked 15 s. for it. I would have sold it for 11 s. or 12 s. I told the justice I had seen the principal part of the last box of hats. He would have went with me, but it began to rain, so he sent one of his men, to desire Fryer to come to him, but Fryer disappeared immediately upon it. Then the justice desired me to go and collect all I could swear to by themselves. I went and agreed for three more hats, and when the bill of parcels was brought out, I seized them. I took hold of the young woman's hands that was selling them, and asked her how she came by them. She said a countryman and a young man brought them to their house by night. We carried all the hats to Mr. Fielding's, who had sent a servant there with me and his warrant. Mr. Fielding then ordered me to take them home, and call on Fryer to demand back my 13 s. 6 d. I left word with Mrs. Fryer for him to come to the justice, and tell where the prisoner was, that I might bring him to justice.

Q. When was the next time you saw the prisoner?

Manwaring. I believe it was the 18th of July, when I went to Tottenham and Suston. I saw him at the last mentioned place. I enquired for one Hall there, and found a person named Hall, that had lived there forty years. He is now in court. I ask'd him if he sold hats. He said, no. I ask'd him if he knew one Philips. He said, he did not. After that I opened the case, how I had been taken in for hats, to the value of between thirty and forty pounds. His daughter said, there is a parcel of bad fellows about a mile off, so we rode thither, and inquired for one Philips. We were told he was over the way at a little old house. I and the gentleman with me stood a little behind. The officer knock'd at the door, and the prisoner opened it; and I said to the officer, there is your man. We brought him before a justice there, and from thence to justice Fielding, who committed him to Newgate. He desired me to make it up divers times, and wanted to get away. I charged him with being a cheat. He said, he meant nothing but to pay me honestly. He said, Hall of Susion was the man that gave him an order for the goods, and he had delivered the goods to him, and that he had put his hand to a 10 l. note, and I shou'd have the money when it became due. I acquainted him I had been to inquire for Hall at Suston. He laid as had part of my goods again he would pay my expences, and I should have the remaining part of my goods again. He wish'd he had never known this Fryer, and likewise he owned to me, he wrote the whole of the order.

Prisoner. Let me see the order, I can tell whether I wrote it or not (it is put into his hand.) This is Mr. Richard Hall's hand-writing.

Thomas Jones . I carried some hats for my master the prosecutor to the Black-Bull and Bell in Finsbury, and delivered them to a short thick man. They were directed to Mr. Richard Hall, at Suston. I saw the prisoner at the bar in Morefields as I was going with them, and ask'd him the way to the inn, and he directed me.

Q. Did you know him before?

Jones. I had seen him once before at my master's house.

James Bedwell . I live in Bartholomew-Lane, next door to the prosecutor. When the prisoner came to him about the second parcel of hats I happened to go in, and heard them talking about hats; but I did not observe the particulars. I went in two or three times afterwards, and saw Mr. Manwaring about a parcel of hats. I asked him if they were for that order brought by Philips, and he said, yes.

Prisoner. I saw that man in Mr. Manwaring's shop.

Thomas Rawlings . I live in Cheapside. The prisoner acknowledged to me, that the goods that he obtained of the prosecutor, he delivered to Fryer in Queen-Street. I had a demand on Fryer at that time, and accidentally hearing Mr. Manwaring had lost a parcel of hats in a fraudulent manner, and Mr. Fryer's name being mentioned, it gave me a suspicion that he and the prisoner were in connection together. I went to Fryer directly, and got what security I could, and in conversing with him he told me he had got a parcel of hats, &c. So it came out.

Prisoner. I own Mr. Hall received the hats at the Bull and Bell, and carried them to Mr. Fryer's. I was there when he brought them in.

Rawlings. The prisoner acknowledged to me, that he, in company with his son, did deliver the hats to Mr. Fryer, and that he thought it no crime in the course of their proceedings, to take in a man worth 1000 l. for 100 l.

Prisoner. At the same time the goods were gone down to Mr. Hall, I was gone to Mr. Manwaring, for the bill of parcels.

John Hide . I was sent by justice Fielding to Fryer, in Great Queen-Street, with Mr. Manwaring, to keep the peace, and to see if any of his hats were there, and to bring Fryer before him; but when we came there, he was denied. Some time after that, I went with Mr. Manwaring to Suston, where we inquired for one Hall, and there we found an old man of that name, who had lived there thirty or forty years. He said, there were none of that name besides himself. Then we were told, there was a very bad house a little way off, for highwaymen or smuglers. We rode to the place, and inquired for one Hall, when we were told by a gentleman the prisoner lived there, but he knew nothing of any Hall. We went to the house and took the prisoner, and when he was in Newgate I heard him confess he did carry the hats himself to Fryer. He offered to make me a very handsome present to let him go, or, if I would make the thing up for him, he had a horse, which he'd sell, and make me satisfaction for my trouble.

John Hall. I have lived at Suston upwards of forty years, and never heard of a Richard Hall there.

Q. from prisoner. Have not you heard since, there was a name-sake of your's come to live at that house where I was ?

Hall. I have seen a woman and children as I went by the gate; but I don't know what name she goes by.

Q. from prisoner. Have not you heard she had a child died, and buried by the name of Hall, since she lived there ?

Hall. She had a child died, but I know nothing of the name.

Q. If there had been one named Hall in your parish, just coming into trade, should you not know of it?

Hall. I think I should.

Q. from prisoner. Have you not heard since, there was a carpenter sitting up a counter, for a person to go into trade?

Hall. No, I can't say I have. I heard there was going to be a chandler's shop, nothing of hats.

Joseph Saunders . I keep the Black Bull and Bell, in Finsbury, and there was a box directed to my house. I saw a hatter's boy bring it, but I did not see it go. I took no account of it.

Q. from prisoner. Did it not come directed for one Samuel Roberts ?

Saunders. No, it came directed for one Philips; it was a long box.

Prosecutor. Mine was a long box, directed for Richard Hall; and Philips left a written direction to be put upon it, directed to Mr. Philips.

Prisoner's defence.

I did not take the box from the inn. Mr. Hall himself took it, and carried it to Mr. Fryer's, to lodge it there till he went down into Cambridgeshire, to fetch his wife and family up.

For the prisoner.

Mr. Peirce. I don't know what I am called upon for; I only came here out of curiosity.

Q. from prisoner. Did not you go into that house opposite your's at Suston, and see one Richard Hall cleaning it out?

Peirce. No, I live opposite to the house, and was very sorry to have such neighbours by me. As I was going by one day, I heard somebody in it; it is an old ruinated house, and has been uninhabited some time; I knew nobody of credit would come to live there. I ask'd who was there, and a man look'd out at the window. I said, what are you doing there? Said he, I am coming to live here, and am cleaning the house out. Said I, who are you? He said, my name is Hall. I asked him from whence he came, and he said, from out of Cambridge shire. I said, if you come here, I shall insist upon your bringing a certificate. I never saw that man before nor since, and I have lived there forty years. There was a woman with two children lived there, and we wanted to get rid of them. I asked the man what he intended to do there, and he said, to do any thing the people would set him about. There were two or three boards nail'd up, and a pound or two of candles hung up.

Elizabeth Hall. Richard Hall is my husband. When we were first married we lived at Elsley in Cambridgeshire, but we lived at Suston in Essex last.

Q. How long did you live there?

E. Hall. I can't tell.

Q. Did you live there 12 months ?

E. Hall. No.

Q. Half a year?

E. Hall. No.

Q. A month?

E. Hall. Yes.

Q. Was you a housekeeper there?

E. Hall. Yes.

Q. How did you subsist?

E. Hall. We had wherewithall then to live upon. We were going into a way of trade, haberdashery and grocery; we had not begun, but had goods bespoke.

Q. Who did you take the house of?

E. Hall. Of Mr. Gates; it was near Mr. Peirce's.

Q. Where is your husband now?

E. Hall. He went down into the country, and is not come back.

Q. Do you know whether your husband bespoke a parcel of hats of Mr. Manwaring?

E. Hall. He sent me word he had, or I had not come up.

Q. Was you ever in that way of life before?

E. Hall. No: We had a farm of 40 l. a year at Elsley, and the prisoner lived next neighbour to us there.

Q. to Peirce. Did you ever see this woman in your neighbourhood ?

Peirce. I have seen her several times; I have asked for her husband, and was told he was coming week after week, but he never appear'd since.

Q. to E. Hall. Had you ever any hats at Suston ?

E. Hall. No, they did not come, upon the account the gentleman took them out of Mr. Fryer's shop.

Q. from prisoner. Did you not propose to travel the country with hats and stockings, with a licence?

E. Hall. The prisoner's daughter was to instruct us in it.

Q. Can your husband write?

E. Hall. He can.

Q. Can you swear to his writing?

E. Hall. I can if I see it ( she is shown the order.)

Q. Look at the name Richard Hall.

E. Hall. It is very much like my husband's writing.

Q. Upon your oath do you believe it is his writing?

E. Hall. I do.

Q. Look upon the body of the order, whose hand-writing do you take it to be?

E. Hall. That is not his hand-writing.

Q. Whose do you think it is?

E. Hall. It is like Mr. Philips's.

Q. Upon your oath, whether the name Richard Hall is not Philips's writing?

E. Hall. No, I don't think it is.

[The jury compare the body and name, and believe it was all done by one hand.]

William Tossel . I have known Richard Hall 12 years, but can't tell whether he can write or not; he has a good character.

Q. from prisoner to prosecutor. Did not I say the order was sent by Mr. Hall? and you said you deliver'd the goods upon my credit, you did not know Mr. Hall.

Prosecutor. I did not say any such thing.

Q. from prisoner. Did you not come twice to me in Newgate, and desire I would give you general releases, and you would release both me and my son.

Prosecutor. I never mention'd such a thing as making it up. There have been many neighbours served in this manner by these sort of fellows, and I was for putting a stop to such practices.

Q. Would you have deliver'd the goods, if the prisoner had told you the name Hall was wrote by himself?

Prosecutor. I believe I should, because he came with so much seeming simplicity and innocence: I thought I could have trusted him with a hundred pounds worth of goods. The prisoner wanted to turn evidence last night.

Guilty , Death .

380. (M.) Elizabeth, wife of Laurence MacMahone , was indicted for that she, together with Catherine Murphy , did steal one deal box. value 6 d. one gown, value 10 s. and one pair of stays , the property of Catherine Dunkinson , widow , Aug. 31 . ||

Acquitted .

381. (M.) Thomas Hague was indicted for stealing one silver watch, value 40 s. the property of William Sharrock , privately from his person , Aug. 2 . ||

Acquitted .

382. (M.) Elizabeth May , widow , was indicted for stealing one linen sheet, value 2 s. one linen bed gown, value 2 s. one pair of stays, value 2 s. and one pair of silver buckles, value 5 s. the goods of Mary Nusells , widow , Sept. 2 . ||

Guilty .

[Transportation. See summary.]

383. (L.) Eleanor Sarret was indicted for assaulting Cornelius Sabine on the king's highway, putting him in corporal fear and danger of his life, and stealing from his person one man's hat , July 24 . ||

Acquitted .

384. (M.) Ann Jews was indicted for stealing 18 d. in money number'd , the money of Richard Esanshard , Aug. 15 .*

Acquitted .

385. (L.) David Davis was indicted for stealing one grey gelding, value 40 s . the property of George Robertson , June 19 .*

George Robertson. I lost a grey gelding on the 19th of June; it was taken away from the road near the eleven mile stone on this side Rumford , where he was feeding. I found him again in Fleet-Street, in John Banister 's cart, just a month afterwards.

John Banister . I bought that grey gelding which the prosecutor own'd of John Hog . I had him about three weeks.

John Hog . I bought that same gelding of Thomas Tight. I gave 9 s. to boot betwixt that and another horse.

Thomas Tight . I bought that same grey gelding of the prisoner at the bar, David Davis , and sold him to John Hog .

Q. What did you give for him?

Tight. He lay me in seven shillings and seven pence halfpenny.

Q. to Prosecutor. What do you value the horse at?

Prosecutor. I value him at 40 s.

Prisoner's defence.

I bought that horse upon the road, as I was coming along by Whitechapel watch-house.

To his character.

Mr. Blunt. The prisoner lived with me a little above a year, five years ago; he behaved very honestly.

Jonah Keeling . The prisoner lived next door to me about three years ago; I took him to be a very honest man.

Richard Green. I have known him about three years, and thought him to be very honest.

Guilty , Death . Recommended.

386. (M) Margaret Sutherland , spinster , was indicted for stealing one silk gown, one stuff gown, one woollen petticoat, one mahogany tea chest, three silver tea spoons, one silver strainer, one pair of silver tea tongs, and three tin cannisters , the goods of Robert Farney , Sept. 5 .*

Guilty .

[Transportation. See summary.]

387. (M.) David Jones was indicted for the wilful murder of Ann Hall , widow . He stood also charged on the coroner's inquest for manslaughter, July 3 . *

Samuel Cutts. On a Saturday in June ( I don't know the exact day of the month) about nine in the evening, as I was coming out of St. James's palace, I met with the prisoner, who asked me to go with him to his lodgings. He and the deceased lived together. He said she had been working hard all day, and he would give her a little beer to refresh her. He accordingly order'd some beer home, and we went into their room. They were very friendly, and had play'd together in the street, as they went along. I took the beer and said, Mrs. Jones, to your good health; she after that drank to his good guard, for being a soldier he was to go upon guard the next day; and he thank'd her. She then said, I will come down to-morrow and see what ' guard you keep, but if I find Welch Peg there, I ' will either do for her, or she shall do for me; I ' will know who has the most right, if I swing at ' Tyburn for it the next day. 'The prisoner laugh'd, and said, the woman is mad sure, and bid her hold her tongue, saying, we met in friendship, what signifies making this noise and disturbance? She said she would make a noise, for he did not use her as a wife. I said, be so good as to drink, Mrs. Jones, and I will go. He again told her to hold her tongue, and her reply was, I'll expose you. She was sitting down low, either upon a basket of cloaths or in a nursing chair, her head being almost as low as the table, on which stood the quart pot of beer, when (without taking the pot in his hand ) he gave hand a sweep and struck it off the table, and it fell upon her; she stoop'd down, and the beer run from her. I saw blood run from her face; there was a wound made on the side of it. She said she would go down stairs, and have something done to it. He desired her to go to bed. She went down stairs, I followed her, and the prisoner after me; She had it dress'd with some gin, and I went away.

Q. Did you see her after that ?

Cutts. Yes, several times. She came to our house for things to wash after that; I saw her twice afterwards much concern'd in liquor, and once at Kemington about a fortnight after that. She is since dead.

Q. Do you believe that was the occasion of her death ?

Cutts. I can't be a judge of that, but I don't think he struck the pot with an intent to hurt her. I look'd upon his intention to be to sling down the beer, that we might go away.

Gertrude Butherworth . The prisoner and the deceased lodged with me. I saw the wound after it was given; she complain'd pretty much of her head, so went to the hospital, and had it dress'd.

Q. Do you know whether the prisoner and deceased lay together the night it was done ?

G. Butherworth. They did not; she sat upon the stairs all night. But she continued in the lodging, and lay with him when he came home till she went into the hospital.

Sarah Williams . I saw the wound about three days after it was given; it was a very large wound, on the side of her head; I dressed it twice, and it seem'd to be very dangerous.

John Hunter . I a surgeon, and dressed the deceased's wound after she came into St. George's hospital, which I was told was a fortnight after she received it.

Q. Was it such a wound that you apprehended to be dangerous?

Hunter. The wound itself was not dangerous. I make no doubt but she might have recover'd, if it had been taken care of at the beginning. I believe she died of it, as I found no other illness on her, but what was occasion'd by that wound.

Q. Did you open her after she was dead?

Hunter. I did; it was on the right side of the head. The appearances I imagine were occasion'd by a blow on the part.

Acquitted .

388. (M.) Edward Griffin was indicted for receiving 200 lb weight of indico, value 50 l. 2 lb of cochineal, value 1 l. 8 s. 1 lb of verdigrease, value 1 s. and two leather bags, value 2 s. the goods William Hanson and James Clark , well knowing the same to have been stolen by Alexander John Macarty , May 26 , who was tried for stealing the same at Kingston assizes, August 19, 1756, found guilty, and transported. ||

John Grace produced the copy of the record of the conviction of Alexander John Macarty , which he deposed he examined with the original at Mr. Knap's office, the clerk of the assize. After which it was read in court.

James Clark . Alexander Macarty was servant to Mr. Hanson and myself, as porter and labourer, about two years, till last May. We are dry-salters in the borough of Southwark, and we deal in indico, cochineal, verdigrease, and divers other things. At the time he was first with us, no servant behaved better. I put great confidence in him. We gave him at first no more than nine pounds a year, and raised him to fourteen, besides his board; but he did not lodge with us. We found at last he rob'd us, and we tried him at last Kingston assizes for stealing two hundred pounds weight of indico, some cochineal and verdigrease, and he was convicted for the same. We lost a great deal more cochineal than what we laid in the indictment. We missed about six or seven pounds of cochineal, which had been put into the cellar; upon which he was detected, and he owned that he had taken several large parcels of indico, and other things, since and before last Christmas. I apprehend he had been a year and half with us before he took any thing.

Q. Had you any other evidence against him than his own confession?

Clark. No, none at all.

Q. What is the prisoner?

Clark. He is a victualler in Dean-Street, Soho. Macarty having confessed he used to receive what he stole from me, I apprehended him on the 25th or 26th of May. The same day I had Macarty before justice Fielding. The justice ask'd the prisoner, how long he had deal in indico. He answered, I deal in indico I know nothing of it, I never did in my life. I don't know what it is. Being ask'd if he ever bought any of Macarty, he said no, never in my life. - Are you clear in that? - Yes, I am - Upon which Mr. Fielding ordered Macarty to be brought out, and bid him look at the prisoner, and ask'd him if he could charge him with having receiving stoln goods, knowing them to have been stolen. He said, he could. Then the prisoner said, I believe I did buy a trifle, it may be a shilling value. I said, as you are a publican, it does not appear to me that you have a proper notion of this indico and cochineal; if you make a free confession, perhaps the blame may lie somewhere else, if any dyer or blue maker have excited you to buy it. Upon which he said, Gentlemen, I soicit mercy, I certainly did buy goods of this man, and sold them to a blue maker, facing the Boar and Castle, in Oxford-Road.

Q. Did he mention indico ?

Clark. He did. I ask'd him the man's name, and he said, he could not recollect it. Then upon my asking if he had not dealt that way with some other people, he owned he had. I asked him to what amount he might have bought of our servant. He said, about four or five pounds value, and expressed sorrow for having been concerned in such a trade; saying, I am very sorry for what I have done, and hope you'll be merciful; I said, that will be just according as it shall turn out. Macarty charged him as having inticed him to steal it.

Q. Was this in the prisoner's hearing?

Clark. It was.

Q. What did the prisoner say upon that?

Clark. He confessed he had certainly bought the goods for a trifle of him, and had sold them.

Q. Explain the word trifle.

Clark. At two shillings per pound.

Q. What is indico worth per pound ?

Clark. It is worth eight shillings. Macarty said, in his presence, he had allowed him no more than about two shillings per pound; and that he generally bought it by the lump.

Q. At that time did the prisoner deny any part of the accusation?

Clark. No, he did not.

Cross examination.

Q. Did the prisoner mention the time he bought this indico?

Clark. No, he did not.

Q. Did he inform you what sort of indico it was?

Clark. No.

Q. How much did Macarty confess the stealing of?

Clark. Upon the whole, he confessed to the amount of fifty pounds sterling.

Q. Was there any indico produced in court upon his trial?

Clark. No.

Q. Were the bags produced there ?

Clark. Yes.

George Seymore . I live in Oxford Road, and am a blue maker. I bought some indico of the prisoner a little before Christmas last, at two or three times.

Q. To the amount of how much ?

Seymore. To the amount of betwixt eleven and twelve pounds.

Q. How came you to deal with him?

Seymore. There was a person came to me, and ask'd me if I dealt in indico; I said, yes. He ask'd me what I told at a time, I said, sometimes an ounce. He went away and came again, and said, his master wanted to speak with me. I went with him to the prisoner's house, the Falcon and Crown in Dean-Street. He ask'd me if I was a blue man. I said yes. Said he. I have got a little indico that will suit you. He brought it, and threw it upon the bench in the tap-room, for it was in a bag; there might be six or seven pounds of it. He ask'd me ten or eleven shillings per pound, and I bought it for seven shillings and six pence per pound. After that I bought another parcel of him at his own house, for the same price. I ask'd him then, where he had it. He said, he had it of a friend, either at Gravesend, or at Portsmouth, from on board a ship. A little while after he came again ( that was the third and last time when I bought but three or four pounds of him, for seven shillings per pound.

Q. Was any body by when you bought indico of him?

Seymore. Sometimes there were four or five people, or more.

Q. Was it by day light?

Seymore. It was, each time.

Cross Examination.

Q. Did he seem to make any secret in selling it?

Seymore. No, none at all.

Jeffery Hinderson. I am a publican, and live in Carnaby-Street, Carnaby-Market. I bought indico of the prisoner, the day after the last general fast.

Q. Did you know him before?

Hinderson. I had seen him, but no acquaintance. One Mark Gwyn , a blue maker, told me, if I'd go and lay some money out with him, we might get something by it. I went with him to the prisoner's house the same day. The prisoner produced three leather bag of indico, fifty pounds weight in all. I bought it all, at five shillings and nine pence per pound, bags and all; but I lost by it, nobody would give me four shillings for it (he produced three of the bags.)

Q. to prosecutor. Look at these bags, do you know them?

Prosecutor. We have no other bags of any body else but Thomas Crosby , for indico and cochineal.

Q. Were there any bags mentioned in Macarty's confession ?

Prosecutor. Yes, they were mentioned at the trial of Macarty, and the bags were produced there.

Hinderson. I attended at the trial with these bags.

Thomas Crosby . I am a leather seller, and live in the Borough; I make bags for Mess. Hanson and Clark.

Q. Look at these bags, do you know them?

Crosby. I made these for them.

Q. How do you know that?

Crosby. Because every one I mark with my own hand writing, and here it is on two of them. I never made any such for any body else. I know they are all three my make, and their property; I believe they were made about last November.

Barnaby Gorman . I have known the prisoner about five years. I knew Alexander John Macarty : He was a soldier. He did lodge at Griffin's house about two years ago, and I lodged there at the same time. Since he left his lodgings there, he used to come there pretty often, and call for liquor. I have seen him bring parcels, but I don't know what was in them.

Q. Have you had some conversation with Mr. Clark to-day?

Gorman. I have.

Q. Upon your oath, as to the account you gave him, was it true or false?

Gorman. I don't remember it now. I'll tell any thing that is true.

Q. Did the prisoner tell you he had got some cochineal ?

Gorman. He shewed me something, and said so was cochineal; but I don't know whether it was or not.

Q. Did you observe Griffin to take some of it in his mouth, chew it, and spit it out, and shew you the colour of it?

Gorman. Yes. It look'd grey before.

Q. After it was chew'd, how did it look then?

Gorman. It look'd red.

Q. Where did he tell you he got it?

Gorman. He did not tell me where.

Q. Has any body desired you not to tell this since you saw Mr. Clark?

Gorman. No, Sir.

Q. At the time Macarty came backward and forward, did you suspect the parcels were stolen?

Gorman. I did not know whether they were or not.

Q. Did you suspect it at that time?

Gorman. I did not know.

Q. Do you know the meaning of the word suspect ?

Gorman. No.

Q. Do you know the meaning of the word think ?

Gorman. Yes.

Q. Then did you think they were stolen?

Gorman. I did not know what was in the bags.

Q. Will you say you did not think they were stolen?

Gorman. When I saw some things I did imagine it.

Q. For what reason did you imagine they were stolen ?

Gorman. I can't resolve you. I don't know whether they were stolen or not.

Q. Did you or did you not tell Mr. Clark, this morning, the reason you had to suspect they were stolen?

Gorman. I said, because when the goods were brought to the prisoner's house, he hid them immediately in a private place.

Q. Did you ever see blue in the tap-room ?

Gorman. Yes, once I did.

Q. What sort of parcels did Macarty bring home ?

Gorman. They were tied up in a handkerchief.

Q. Did such parcels used to be brought by him pretty often?

Gorman. I do not know how often. I have seen them sometimes.

Council. Ten times?

Gorman. I don't know whether it was ten or five, or more or less.

Q. Did you ever see him deliver them to the prisoner?

Gorman. No, never. He used to go into the kitchen with them.

Q. Did you ever see any brought in a blue bag?

Gorman. No never.

Q. Did he bring them by day or night?

Gorman. He used to bring them in the morning.

Ann Macarty . My husband, Alexander Macarty , was convicted in Surry, for stealing indico, and other things, from Mr. Clark.

Q. Had you ever any promise from Mr. Clark, that if you'd give evidence for him, your husband should receive mercy?

A. Macarty. No.

Q. How long have you been married to your husband ?

A. Macarty. Three years in August last.

Q. Where did he work the last two years ?

A. Macarty. With Mess. Hanson and Clark.

Q. When was he quarter'd upon the prisoner at the bar?

A. Macarty. That is about four years ago.

Q. Have you ever gone with messages from him to the prisoner ?

A. Macarty. I have carried indico from my husband to him, as my husband told me.

Q. How was it pack'd up?

A. Macarty. One was in a linen bag put into a basket, and the other in a leather bag. He ordered me to receive no money.

Q. Look at this bag (it was one of the three produced by Henderson.)

A. Macarty. It was like this.

Q. Did you see it open?

A. Macarty. No, I did not.

Q. Had you any conversation with the prisoner on these occasions?

A. Macarty. Yes, once he followed me to the door, and bid me tell my husband to spare no time, but get more indico, cochineal, and verdigrease; got them from hell and the devil if he would, he'd buy them, and as far as a hundred pounds would go he'd stand by him.

Q. Did he mention indico?

A. Macarty. He did, and cochineal and verdigrease, both times.

Q. Where did your husband work then?

A. Macarty. At Mess Hanson and Clark's.

Q. Did the prisoner know where your husband work'd?

A. Macarty. Yes.

Q. How do you know that?

A. Macarty. My husband and I too told him; and he has in my hearing bid my husband spare no opportunity, but get what he could.

Q. Did you ever see him give your husband any money?

A. Macarty. No, never.

Q. Have you had any conversation with the prisoner about your giving evidence ?

A. Macarty. I have been in Newgate to see him since he was in trouble; he never said one thing nor another to me, but other people did.

Q. Was he by at the time?

A. Macarty. No.

Cross examination.

Q. How do you now subsist ?

A. Macarty. I am making away and selling my goods, to live upon what they will bring me.

Council for the crown. Was you at Kingston at the time your husband was tried?

A. Macarty. I was.

Council for the crown. Had he council ?

A. Macarty. Yes.

Council for the crown. Who was at the expence of paying the attorney and council ?

A. Macarty. I don't know.

Council for the crown. Who was it that chose your husband should make that defence?

A. Macarty. It was one Malone a milkman, who lives at the prisoner's house.

Q. Did you ever declare that your intention in swearing was for gain?

A. Macarty. No, I never did.

Q. Did not you use to receive money of Mr. Clark?

A. Macarty. No, never; except only to cross the water.

Q. Had you not some conversation with Mr. Clark, that if you would give evidence against the prisoner, he would be as favourable to your husband as possible ?

A. Macarty. No, never in my life.

Q. to Mr. Clark. Did not you support Macarty in prison ?

Clark. He has sent me word that he was in a starving condition, and his wife sick in bed, and I have sent him from time to time half a crown, perhaps to the amount of 4 s. a week.

Q. Was a six-pence of it given to influence any kind of evidence at all, either for or against the prisoner, directly or indirectly?

Clark. No, it was not.

Prisoner's defence.

Macarty was a soldier billeted upon me about 4 or 5 years ago. His wife was my servant, and he married her from my house; they were both very poor. I was very civil to them, having lent them half a guinea or a crown at a time through good nature, and when he could get it he brought it to me again, but sometimes I have been kept out of it a good while. It was in hopes to get some of my own money which I had lent him, that I took some of these things; I did not know what they were I shew'd the goods in an open tap room, upon the table, and sold them publickly. He told me it was a perquisite that was allow'd him.

For the prisoner.

Mary Adkerson . I heard Mrs. Macarty say, that if the prisoner would allow her handsomely she would not swear against him, but get out of the way.

Q. How long have you known the prisoner?

M. Adkerson. Six or seven years.

Q. What is his general character?

M. Adkerson. It is that of as honest a man as ever I knew in my life.

Cross Examination.

Q. Who did she say this to?

M. Adkerson. To me and another person.

Q. Where do you live?

M. Adkerson. I live just by Macarty, in Stony-Street.

Q. Whether you have seen the prisoner and Ann Macarty together ?

M. Adkerson. Never but twice. She lives overhead at an alehouse, where he call'd, and she was call'd down to him; I heard all that was said.

Q. What business had Griffin to come there to call her down?

M. Adkerson. I know no more than I do of my dying hour.

Q. How long is this ago?

M. Adkerson. I believe it may be two or three months ago.

Mrs. Riley. I know Ann Macarty , but never had any conversation with her since she left Mr. Griffin's house, till about two months ago, when I call'd at Newgate to see Mr. Griffin. She came in, and told him in my hearing, that a woman had brought money from the prosecutor to her husband three or four times. She then pull'd a paper out of her breast, which she said was wrote by the prosecutor; it was a certificate for her liberty all the time of her husband's confinement. When I was going out she follow'd me, and said, Mr. Riley, my master must certainly come down with a sum of money; we want lawyers to plead for my husband, and a trifle will not do. She then snap'd her fingers and said, If he does not, he will have the worst of it. I went back, and told Mr. Griffin what she said, when he snap'd his fingers, and said he would not give her a farthing. She had before that pull'd a paper out of her bosom and laugh'd, and looking at Mr. Griffin said, You know, master, I cannot hurt you, for what my husband sent by me I never saw, nor did I take any money for it. Griffin took up a glass of cyder, and said, That is a sure thing, Nanny.

The prisoner called fourteen persons to his character, who all gave him a very good one.

Guilty .

[Transportation. See summary.]

389. (L.) Mary Brown was indicted, for that she, together with Mary Speed , and two other persons unknown, on Thomas West did make an assault, putting him in corporal fear and danger of his life, in a certain alley near the king's highway, and taking from his person one linen handkerchief, value 16 d. and three guineas and eight shillings in money , his property, Jan. 15 . ||

Acquitted .

[ See the Trial of Mary Speed , No. 158, in this Mayoralty.]

390. (M.) Catherine Jones , widow , was indicted for stealing two stuff gowns, two linen gowns, one cotton gown, one pair of stays, one quilted petticoat, four linen shifts, two linen shirts, five linen aprons, and other things, the goods of Sarah Freeland , spinster, in the dwelling-house of Thomas Barker , April 24 . ||

Guilty 39 s.

[Transportation. See summary.]

391. Ann Wheatly , spinster , was indicted for stealing one half guinea and three shillings in money number'd , the money of , Sept. 2

The prosecutor not appearing, she was acquitted .

392. (L.) Eleanor Monkhall , spinster , was indicted for stealing two gold rings, value 10 s. one pair of silver shoe buckles, and other things , the property of John Howel , Sept. 10 . ||

Acquitted .The prosecutors Thomas and Peter Shorter not appearing, their recognizances were order'd to be estreated.

393, 394, 395. (L.) Elizabeth Williams and Hannah Leatherton , spinsters , were indicted for privately stealing one silver watch, value 3 l. the property of Henry Oldridge , privately from his person , and William Williams for receiving it, well knowing it to have been stolen , Sept. 6 . ||

Henry Oldridge . I met the two women on Ludgate-Hill, on the 6th of September, about ten at night. They asked me to treat them, and took me to the Shepherd and Goat by Fleetditch , where they call'd for cyder and brandy; but after we had been together a little time, they were gone in a moment. I missed my watch in five or six minutes after. I soon took Williams, and the next morning. I found Leatherton. Williams confessed to the constable and me that she took it, and Leatherton own'd she had 8 s, 6 d. of the money it was sold for, and that it was sold by the man at the bar, at the Harrow in Water-Lane, for 22 s. to a watchmaker; but I never found it again.

Elizabeth Williams and Hannah Leatherton guilty of stealing, but not privately from his person .

William Williams Acquitted .

[Transportation. See summary.]

396. (M.) Esther, wife of Michael Fury , otherwise Hall, otherwise Morris , widow, was indicted for that she in company with Michael Fury , did steal one stuff gown, three tablecloths, one bible, one linen shirt, one ironing cloth, one cloth coat, one cloth waistcoat, one velvet hood, one white pilgrim one straw hat, three pieces of holland, one apron, and one hundred guineas, the goods and money of Richard Lane , in his dwelling-house , July the 19th . ||

Richard-Lane. I live in Balsover Street, Marybone parish . The prisoner lived with me. I took her in act of charity, till she could get a place to lodge in, and dispose of some of her things. On the 19th of July in the morning I went out, having given her the keys of my things. I left her and the child at home. I came home between twelve and one; and found the door last, and was told she was gone pack and package, with boxes and things. I got a gentleman's servant to go in at the sash, who opened the door for me. I found all the things ship'd and gone; a box, chest, and trunk from one pair of stairs. Then I went up another pair, and found the drawers had been opened, and things pull'd and mangled about. I missed a pair of stays of my wife's, and an old pair of the prisoner's left in their room.

Q. What other goods did you miss?

Lane. A piece of stuff to make a gown, and another piece to make a waistcoat; a silk embroider'd apron, two or three tablecloths, a bible, an ironing cloth, a cloth coat, a cloth waistcoat, a velvet hood, a velvet pilgrim, a scraw hat, a linen and cotton gown, a tea chest, and other things, and a hundred guineas from out of a cupboard below stairs; I saw the money in the morning before I went out. She knew I used to put it there. She took the little boy with her that I left in the house. He is about eight years old. It was his black coat she took, and put him on an old coat and hat. I advertised her and the little boy, with two guinea reward. After which I had word brought she was at Islington, and I found her and the little boy at the constable's house there, on the 23d of July (two gowns, an embroider'd apron, a printed piece, for a waistcoat, a qu bible, a waistcoat, an ironing cloth, five tablecloths, and two pocket aprons, (produced in court, and deposed to.) This waistcoat I had given the little boy, and he had it on when I went out that day. It is her child, but I have kept it a long time, ever since it was born.

Q. How came you to keep it?

Lane. She was pleased to say it was mine.

Q. How long had she been at your house?

Lane. She was backwards and forwards for nine years.

Q. Is your wife alive ?

Lane. She has been dead about sixteen weeks. She died the 20th of May.

Q. Are you sure these things were in the house that morning ?

Lane. They were.

Q. When had you counted the hundred guineas?

Lane. I did it about a week before.

Q. If there were such an intimacy between you as you speak of, did not you tell her there were a hundred guineas in that place?

Lane. No, I did not. We were at variance a great while. I had kept her so long, that I was almost tired of hers. I had done this and the other for her, that I was almost suifeiced with her.

Cross examination.

Q. Who did you leave in the house with her and the boy?

Lane. Nobody.

Q. How came you to charge Michael Fury with these things?

Lane. Because I was informed he shew'd the coachman the way to the Bell-Inn, in Friday-Street, with the things.

Q. Did she swear that was your child before a justice of the peace?

Lane. Yes, she did.

Q. Where did she lie in?

Lane. In my house.

Q. After the child was born, did you not provide a wet nurse's place for her, and say you was her uncle?

Lane. Yes, I did.

Q. Did you recommend her?

Lane. I did.

Q. Whether you did not give her the things mentioned in the indictment ?

Lane. No, not I.

Q. Was she at your house the time of your wife's illness?

Lane. She was; but neither my wife nor I gave her a halfpenny worth of the things.

Q. Did you give her the care and trust of your house ?

Lane. She was in the care of it. I had no other person in the house to take care of it but she. I have had one maid and another maid, but she would not let them stay.

Q. Did you give her the keys of all, after your wife's decease ?

Lane. I gave her the key of nothing, except the tea chest.

Q. Did not you arrest her for a debt after she was taken up?

Lane. Yes, I did; for meat, drink and lodging.

Q. Was it for meat, drink and lodging for the child?

Lane. No.

Q. Was she not taken up for a felony?

Lane. She was, and I charged her with it directly.

Q. How came you to take her to the bailiff's house after you had charged her with a felony?

Lane. We did not know but she would let us have some of the goods.

Q. When you went to Islington, did not you arrest her upon an action?

Lane. Yes. I did.

Q. After you found you could get no money of her, did not you go and get her taken into custody for a felony?

Lane. Yes.

John Jackson . I am a hackney-coachman. I was call'd from Brook-Street by a young man, to the corner of Holles-Street; there were the prisoner at the bar and a chairman, and I went and fetched some boxes and a trunk to the coach, and after they were in the coach, she and her child got in, and I carried them to the Bell in Friday Street by the young man's direction, and she paid me.

Q. Do you know that young man who directed you?

Jackson. No, I do not.

Isaac Welden . I was call'd as a porter from my stand, in Bond Street, and help'd to carry the boxes and chest to the coach; there was a woman and a boy. I never saw her before or since, this may be the woman for what I know.

James Kelsey . I am an apprentice to the trunk-maker, at the corner of St. Paul's Church Yard. A man whom I heard call'd by the name of Michael Fury came to our shop and bought a trunk, and I went and carried it to the inn. There was he and the woman at the bar to the best of my knowledge.

Q. When was this?

Kelsey. I believe it may be better than 2 months ago. The gentleman ask'd me if I had any thing that would take a lock of a painted chest, so I went and fetched a hammer and chissel, and took it off. The man said I must pack up the things, and the woman said, who should pack them up but myself; there were a great many things in the chest, such as cloaths, &c.

Walter Murrel . I am constable at Islington, and took the prisoner at the Wagon and Horses there, by virtue of an advertisement, and Mary Murphy 's information, on the 22d of last month. I asking her after the chest and things which were advertised she produced them, and I took them to my house. The next morning I waited on Mr. Lane, and he went to Mr. Powel, in Gray's-Inn-Lane, who arrested her, and took her out of my hands to his own house.

Mary Murphy . I carried the trunk and box for the prisoner; she brought them to my house at Islington.

Joseph Bergery . I am chamberlain at the Bell-Inn in Friday-Street. This coachman came to our inn with a woman and child, and some boxes, but I don't know the woman.

Prisoner's defence.

I took nothing but what was my own; he beat me three days running, and I was in danger of my life.

For the Prisoner.

Mary Dimment , who had known her three or four years, Ann Woodstock seven, Elizabeth Clarkson seven, Thomas Shelbourn three or four, and Robert Scot about one year, all gave her a good character.

Acquitted .

William Cannycot , who was tried on Saturday the 18th, and executed pursuant to his sentence on Monday the 20th

Daniel Little , capitally convicted in December sessions, and William Watts , James Shilock , Thomas Mores and John Mores , in May sessions, all received his majesty's pardon, on condition of transportation during their natural lives.

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

Received sentence of death 6.

David Davis , Thomas Ridout , James Prosser , John Cartwright , George Langley , and William Cannycot , who was tried on Saturday the 18th, and executed pursuant to his sentence on Monday the 20th . Thomas Philips 's sentence was respited.

Transportation for fourteen years 3.

Frances Stubbs , William Williams , and Edward Griffin .

Transportation for seven years 29.

Mary Heath , Richard Hall, James MacCalpin Michael Hart, John Gordon , Elizabeth Williams , Hannah Leatherton , Margaret Chambers , Elizabeth Jefferys , Ann Stubbs , Elizabeth Hole , Catherine Jones , Robert Horner , Elizabeth Waters , John Eve , Margaret Sutherland , Sarah Morgan , John Jemerson, Henry Jones, Richard Walker , Elizabeth May , John Kelsey , George Wright, James Scott, Mary Knott , Catharine Lansdown , Mary Brigs, Ann Conway , and William Thomas .

To be branded 1.

John Street.

To be whipped 2.

Ann Scolfield , otherwise Colfield, and Charles Beal .

Daniel Little , capitally convicted in December sessions, and William Watts , James Shilock , Thomas Mores and John Mores , in May sessions, all received his majesty's pardon, on condition of transportation during their natural lives.

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