Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 27 August 2014), January 1757 (17570114).

Old Bailey Proceedings, 14th January 1757.

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 Friday the 14th, Saturday the 15th, and Monday the 17th of JANUARY,

In the Thirtieth Year of His MAJESTY'S Reign. NUMBER II. for the YEAR 1757. Being the Second SESSIONS in the MAYORALTY of The Right Honble MARSHE DICKINSON, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J. ROBINSON, at the Golden-Lion, in Ludgate-Street, 1757.

[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 MARSHE DICKINSON, Esq; Lord-Mayor of the City of London; My Lord Chief Baron Parker *, Sir Thomas Birch , 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.

Henry Procter

Joseph Patterson

John Pike

John Beatson

John Godin

William Wadling

William Titchbourn

Stephen Williams

Thomas Foster

William Squires

William Edmunds

Samuel Talfree

Middlesex Jury.

James White

Charles Covey

John Bosworth

Benjamin Powles

James Cotes

Thomas Bishop

Jervas Newton

Thomas Rawlins

Silver Crispin

George Collins

Thomas Hughes

James Brooks

51. (L.) Mary Griffiths , widow , was indicted for stealing one copper tea-kettle, value 2 s. 6 d. the property of William Vaughan , Jan. 1 . ++

William Vaughan . On the 1st of January the prisoner came into my house, and call'd for half a pint of beer and a slice of bread.

Q. What are you?

Vaughan. I am a publican , and keep the Star, in Star-Court, Cheapside . After she had drank her beer she desired to be indulged by the fire, it being a cold day. I said she was very welcome. She had paid for her beer. My dinner being ready about half an hour after one, and while I call'd my wife to go backwards to dine, the prisoner took the opportunity to take the copper tea-kettle out of the corner, and went off with it.

Q. When had you seen the kettle last?

Vaughan. I saw it in the corner, just by her left arm, when I left her.

Q. How do you know she took it?

Vaughan. There were no other persons in the house but she.

Q. What time did you miss it?

Vaughan. I missed it directly. I sent a man servant after her.

Q. What is his name ?

Vaughan. His name is Thomas Edwards . He met with my maid (named Ann Cooper ) and sent her after the prisoner

Ann Cooper . I am servant to the prosecutor. Upon New-Year's day my mistress went in to eat her dinner, and left the prisoner in the drinking room, and when she came out from dinner the prisoner was gone. Mistress looked, and missed the tea-kettle directly. I followed the prisoner, and overtook her beyond Bow-Church with the kettle open in her hand. I brought her and the kettle back to my master's house. ( Produced in court.)

Q. to prosecutor. Look at this kettle, do you know it?

Prosecutor. This is my tea-kettle.

Prisoner's Defence.

I beg the mercy of the court.

Guilty .

[Transportation. See summary.]

52. (L.) John Foster was indicted for stealing one cotton handkerchief, value 10 d. the property of Joseph Collier , December 22 . ++

Joseph Collier . I was walking along Grace-church-Street and felt something brush against my pocket.

Q. When was this?

Collier. It was on the Wednesday before Christmas-day. I clapped my hand immediately into my pocket, and missed my handkerchief.

Q. What sort of a handkerchief was it?

Collier. A cotton one. I turned round immediately and laid hold on the prisoner, who was close to me, and challenged him with taking it. He denied it. There was a lad by, who told me he saw him attempt my pocket twice, and after that take it out of my pocket. I was pulling him into a shop, in order to secure him. He said, '' Sir, '' there's your handkerchief, there's your handkerchief.'' I saw it lying on the ground. I took it up, and put it into my pocket.

Q. How near to the prisoner did it lie?

Collier. It was lying just by him. (Produced in court, and deposed to.)

John Hilyer . I and a schoolfellow of mine were going down Gracechurch-Street on the Wednesday before Christmas-day. The prosecutor was walking close to the wall, and the prisoner just behind him. He made two tugs at his pocket, and the third time got out his handkerchief. After he had got hold of the prisoner I followed him, and told him I saw the prisoner pick his pocket.

Q. Look at this handkerchief?

Hilyer. (He looks at it.) I believe this is the same. It is like it.

Q. Are you sure the prisoner is the same person?

Hilyer. I am sure he is the same.

Prisoner's Defence.

I never offered to do such a thing in my life. I was walking before the gentleman till he laid hold of me.

Guilty .

[Transportation. See summary.]

53. (M.) Mary Griffin , spinster , was indicted for stealing six towels, value 6 d. one piece of check for a cover, value 2 d. one stone plate, value 2 d. one earthen pan, value 2 d. the property of Jane Chapman , spinster , and one linen apron, value 3 d. the property of Tomison Spalding , Nov. 5 . +

Jane Chapman . On the 5th of November I was in my room and heard a disturbance in the passage. I went down stairs to see what was the matter. There I found Mrs. Yeoman had stop'd the prisoner at the bar with the things mentioned in the indictment. The prisoner said it was the first time she had ever done such a thing, and she would never do so any more.

Q. Did she own she took the things ?

J. Chapman. She did. (Produced in court.)

Q. Look at them.

J. Chapman. These are the same things she had got. They are my property, except the apron, which is Tomison Spalding's. I having missed several other things before, asked her if she had them; but she only owned the taking of these.

Tomison Spalding. I was out from home, and when I returned they had got the prisoner in the passage with the things mention'd. We sent for a constable.

Q. What did she say for herself?

T. Spalding. She said, she thought she was bewitch'd in going down stairs (that is, into the back kitchen, where these things lay.)

Q. Look at these things, are any of them yours?

T. Spalding. The apron is mine. The others are the property of Jane Chapman .

Rachael Yeoman . Jane Chapman lodges in my first parlour. She has lost a great many things. I catch'd the woman at the bar in the passage with these things here produced. Upon her bringing them up from out of the back kitchen I stop'd her, and made her lay them down in the passage. She said, if we would forgive her she would allow us two shillings per week till the other things, which were lost, were paid for.

Prisoner's Defence.

There was nobody in the shop when I went in for a halfpennyworth of snuff. I at last saw a person, and asked leave to go to the vault. None of them saw these things upon me. I have been twelve weeks in gaol, but I did not think my trial would have come on so soon, or else I had had my master and mistress to give me a character. Please to give me corporal punishment for Christ's sake.

Guilty .

[Transportation. See summary.]

54. (M.) William Atteley was indicted for stealing one Portugal piece, two guineas, two half guineas, and three shillings in money number'd, the money of Evans Jones , in the dwelling house of William Pearson , Dec. 22 . +

Evans Jones. I went out about eight in the morning, and came home about twelve at night, and then I missed my money.

Q. What money did you miss?

Jones. One thirty-six-shilling piece, two guineas, two half guineas, and two or three shillings in silver.

Q. Why do you charge the prisoner?

Jones. I took up four persons by a warrant from justice Fielding.

Q. What persons were they?

Jones. They lay in the same room, and this man was guilty.

Q. How do you know that?

Jones. He confessed it before justice Fielding as far as I know.

Q. Are not you certain?

Jones. No.

Q. Have you any other witnesses?

Jones. No.

Acquitted .

55. (M.) Elizabeth Stevenson , spinster , was indicted for stealing one silver spoon, value six shillings , the property of Francis Heath , December 28 . +

Rebecca Grave . The prisoner came to my brother Francis Heath 's house, on the 28th of December. She sat down. After some time she asked me to let her go into the pantry, where I had just before left this silver-spoon. When she was gone I missed the spoon. Some time in January she came to me, fell down on her knees, and told me she could not rest till she had told me where my spoon was; which she said was in a street near Clare-Market, where it was stopped by one Mrs. Barnet, a pawnbroker, who I found afterwards had advertised it. (Produced in court, and deposed to.)

Margaret Barnet . The prisoner brought a silver spoon to me to pawn on the 29th of December last and I had reason to suspect her of stealing it, so I stop'd it, and advertised it.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

56. (M.) John Coy was indicted for stealing fifty pound weight of lead, value 5 s. the property of Joseph Pearce , Dec. 20 .*

Joseph Pearce. I am a bricklayer and builder . The prisoner work'd for me between three and four years. I was pulling down some houses in York-Buildings , where was some old lead that came from off the houses. On Saturday evening, the 19th of December, I left my man to pay the other men, and he was not there. On the Sunday morning I received a letter from the prisoner at the bar, and the contents of it were: '' That he '' had met a man that had work'd with me, with '' a little piece of lead on his shoulder, and he '' clap'd his hand upon it, and asked him where '' he came from. The man threw it down, '' ran away, and he took it up; that he was taken '' up with it upon him, and was sent to New-Prison.'' I went to him there, and he told me the same that his letter contained. I asked him why he had not brought the lead back again? He said he designed to bring it again on the Monday morning.

Q. Can you swear to the lead?

Pearce. No, I cannot. He told me it was mine. There was a soldier that detected him. I have been with him, and he says he will not come.

Acquitted .

57. (M.) Lawrence Bryan was indicted for stealing twenty-four pewter plates, value 4 s. the property of John Willey , Jan. 3 .*

John Willey. On Monday the 3d of this instant the prisoner's wife was stop'd with twenty-four plates, by one Mr. Baccon, a pewterer, in the Strand. He sent to our house, having a suspicion they were my property. My man went there, and returned, and told me what he had seen. Then I took up the prisoner, and he confessed he took the plates.

Q. What was the prisoner?

Willey. He had lived with me two years.

Q. Are you a pewterer?

Willey. I am an apothecary ; but my wife keeps a pewterer's shop.

William Phips . On Monday was se'night a person came from Mr. Baccon's in the Strand, and said a person had offer'd to sell some pewter to him, and desired we would come and look at it.

Q. What are you?

Phips. I am a journeyman pewterer to Mrs. Willey. I went there, and found the person that offer'd it to sell, which was the prisoner's wife. After that the prisoner was taken up, and he confessed, in my hearing, he took a quantity of pewter out, and he took these two dozen more than was wanted, and left them at his own house.

The constable confirmed that of the prisoner's confession before justice Cox.

Prisoner's Defence.

I bought the plates. My mistress's man desired me to say what he did before the justice, and told me it would be the better for me.

Guilty .

[Transportation. See summary.]

58. (M.) Elizabeth Eden , spinster , was indicted for stealing five silver tea-spoons , the property of Thomas Levit . Dec. 10 .*

Thomas Levit. I keep a chandler's shop at St. Paul's, Shadwell . My wife having missed five teaspoons suspected the prisoner, she being the last person in the house, so she was taken up.

Q. Do you know any thing of the spoons being in her possession?

Levit. No, I do not.

Q. Have you heard her confess any thing?

Levit. No.

James Andrews . I am headborough. On the 7th of December the prisoner came to Mrs. Cockbell's to sell four tea spoons.

Q. How do you know that?

Andrews. She told me so herself, and told me also that she asked such a low price for them that Mrs. Cockbell suspected they were stolen. Mrs. Cockbell sent for me to stop her the second time she came there. I went and took her in charge I asked her how she came by them. She said, she had stole them from Mrs. Levit in Shadwell-Market, and that there were five of them. I asked her where the other was. She said, she had pawn'd it.

Q. Where did she say she had pawn'd it?

Andrews. I don't remember the place she named. (The spoons produced in court, and deposed to by the prosecutrix.)

Andrews. Here is one of them which has a piece of cloth tied about it, which is the spoon she had pawn'd. (Taking it from amongst the rest.)

Jane Cockbell . I keep a cloaths shop. The prisoner brought four tea-spoons to me on the 1st of December, and offered to sell them for five-shillings. I imagined they were not her own, and told her so. She said they were her own, that her husband was pressed to sea, and she was obliged to sell them. I asked her several questions, as where she lived, and what her way of life was. She said, she lived in the Highway. I asked her who knew her there? She said, she had kept herself so retire that nobody knew her there. I said, I should keep the spoons till she fetch'd somebody to her character. She ask'd me if I could answer that. I said, I could keep the spoons and her too.

Q. Did you stop them?

J. Cockbell. I did, and sent a person with her; but she found means to slip from that person, under a false pretence, so she did not return with the person again. After that the gentleman's kinsman that owned the spoons came and demanded them, and I delivered them.

Q. Did she say how she came by the spoons?

J. Cockbell. I believe she did, after she was taken up.

Prisoner's Defence.

It is the first thing that I ever did of this sort in my life, and I hope it will be the last.

Guilty .

[Transportation. See summary.]

59. (M.) Daniel Henley was indicted for stealing 3 s. and 8 d. in money number'd , the money of Tomisin Wicks , widow , Dec. 24 .*

Tomisin Wicks. The prisoner own'd he was in my shop, and I know nothing more against him; but the justice bound me over to come here, or I had not come.

Q. How old is he?

T. Wicks. The prisoner's mother declared he would be but nine years of age on the 30th of May next, Old-stile.

Acquitted .

60, 61. (M.) William Harris and Catharine wife of George String were indicted, the first for stealing one silver spoon, value 12 s. the property of Richard Witchard , Esq ; and the other for feloniously receiving the handle of the said spoon, well knowing the same to have been stolen , January 2 .*

Henry Spencer. I am servant to Mr. Witchard, in St. James's Street . The prisoner, Harris, has been about my master's house for some years, to do jobs and go of messages. Last Sunday was se'night I was in a hurry and got him to rub over some silver spoons for me. I told them over to him, and when he had done I missed one of them. I challeng'd him with it. He said if he had thought I would have mistrusted him he would not have done them. After that the prisoner's (String) husband came, and told me the prisoner, Harris, was taken, by a silver smith, before the justice.

Q. What is the silver-smith's name?

Spencer. His name is Hemming. A watchman came with her husband to me. I went with him, and saw the prisoner, Harris, in the watch-house. I asked him if he had stole any thing from my master. He said he had not. He said he found the bowl of a spoon towards Turnham-Green. I went to the silver-smith's and he was not at home. I returned to the watch-house, and there I heard the prisoner confess the taking the spoon. (Produced in court in two pieces.)

Q. Look at this spoon.

Spencer. This is my master's spoon, and one of the number I gave the prisoner to clean. Before the justice he confessed he had broke the spoon, and given it to the woman at the bar. I asked her after it, and she denied it. Then her husband said, '' Madam, are you confederate with this '' man.'' After that I saw her take the handle out of her bosom. They both confessed before the justice that he gave it to her when he was in the watch-house for her to throw away, or hide.

Q. Did Harris confess he stole it?

Spencer. He did.

John Mellons . I went to the watch-house along with Mr. Spencer. I asked Harris about the spoon, and he told me he found it at Turnham-Green. After that I said you had better confess it, for perhaps Mr. Spencer will lose his place by it, or get some ill will. Then he said, '' If you '' will send for a glass of gin I will tell you.'' I sent for some. He drank a glass, and the woman at the bar with him another. Then he said he took the spoon out of the kitchen, in order to give it her to buy some gin for her to drink, and that she had ruin'd him.

Q. Was she in the hearing of this?

Mellons. She was not, for he said he would not confess if any body was by; so he and I went by ourselves.

Q. What was the whole of what he did confess?

Mellons. He said he broke the spoon in two pieces, and carried one part of the spoon to a silversmith to sell, and the silver-smith took him before the justice, and that she gave him that part to carry there.

Court. Where is Mr. Hemming?

Prosecutor. Mr. Hemming is not here.

Harris's Defence.

I happened to be a little in liquor that Sunday morning when I went to clean the spoons. I found one was crack'd, that I broke; upon which I thought I should get a great deal of anger, so I put it into my pocket and carried it to the silversmith's; not to sell it, but to see what it weigh'd, and he would not tell me what it weigh'd. He secured me, sent me to the Round-house, and from thence to Newgate.

String's Defence.

Harris gave me the handle of the spoon and bid me hide it. I put it in my bosom and did not know what it was; but at his request I took it. It was dark, about seven o'clock at night. I thought, be it what it would, I'd take care of it. God will revenge my cause I hope.

Harris guilty .

String acquitted .

[Transportation. See summary.]

62, 63, 64, 65. (M.) Elizabeth Pressman , spinster , Mary Bennet , spinster , Martha Standard , widow , and Mary Philips , spinster , were indicted for stealing one silver watch, value 3 l. and one pair of silver shoe buckles, value 6 s. the property of Thomas Barnes , Dec. 28 . +

Thomas Barnes . I was going through a court, and one of the women at the bar pick'd me up.

Q. Which of them?

Barnes. It was Moll Philips, and I went along with her into a room.

Q. Was it in an alehouse?

Barnes. No, it was not.

Q. Mention the name of the court.

Barnes. It was Marlborough-Court .

Q. Where did you see the other women?

Barnes. There were only two other of them went along with us.

Q. Which were they?

Barnes. It was Pressman and Bennet.

Q. What was done when you went into the room?

Barnes. I spent six pence on them in gin.

Q. Did you drink some of it?

Barnes. I was intoxicated in liquor. I believe I had a little, but I don't know justly. I fell asleep there in a chair, soon after the liquor was drank. They took my watch out of my fob, my buckles out of my shoes, and my handkerchief from my neck, while I was asleep.

Q. How do you know that?

Barnes. They confessed it. (The watch and buckles produced in court.) These are my property. My name is on the buckles.

Q. When did you secure them?

Barnes. I took them up the next day and carried them before Sir Samuel Gower . They own'd they had sold the buckles and watch chain for seven shillings. They had left the watch with Standard. She was taken up, and produced it.

Q. Did you see her in that room?

Barnes. No, I did not. She delivered the watch in my sight, fell on her knees, and said she did not know how the watch was come by.

Daniel Sullivan . I took Philips in custody, and before the justice the next day. The other three were taken and brought before Sir Samuel Gower , and I carried them to Newgate. On their examination Pressman said Philips knew of the watch. Then Philips, who had denied knowing of the things, own'd she had them. If it had not been for Pressman I believe the things had not been found. She busied herself in it very much.

Samuel Sevil . The day after this thing was done Pressman and two men came to my shop, and ask'd me for a pair of buckles that I bought of her. I said I bought none of her, I bought them of a little woman. They wanted me to give them the buckles without giving any thing for them.

Q. Was that woman which you bought them of either of the four prisoners?

Sevil. No, she was not. I produced the buckles, the same that are here produced.

Q. Was you before the justice with them?

Sevil. I was.

Q. Did you hear them confess any thing?

Sevil. No, I did not; although I was with them about two hours there.

Q. Was you there all the time they were there?

Sevil. No, I was not.

John Conner . The day after the prosecutor was rob'd he came to my house, and told me he had got in liquor, in Petticoat-Lane, in a court, where he had been rob'd, and said he should take it as a favour if I'd go with him and see for the persons that rob'd him. I went with him. We light of Pressman and Bennet. We laid hold of them. I asked them how they came to serve the young fellow so. They said if he would not hurt them they would let him have his things again.

Q. Did he promise them he would not?

Conner. He did. I asked them where they were. Pressman said the watch was very safe, and in an honest person's hands (which was the prisoner Standard.) I went to Standard's house. As soon as she saw me she fell on her knees and said, '' Lord! Mr. Conner, what must I do? I was '' going to bed and Pressman put a watch into my '' hand, which I understand she did not come honestly '' by.'' I said, where is the watch? She said, '' Here it is, and I am frighted out of my wits.'' Then I came back again, and Pressman and Bennet told me the knee buckles were pawned.

Court. The knee-buckles are not laid in the indictment.

Prosecutor. I lost them at the same time.

Conner. We redeemed them for a shilling and a halfpenny. Then they went along with me to Sevil's house, and asked for the buckles they had sold there to him. He said he gave a fair market price for them, and would not let me have them without paying for them.

Q. Look at these shoe buckles produced, are they the same?

Conner. These are the very same. Pressman said before Sir Samuel Gower , that Standard knew nothing of the watch; only that she left it in her hands for safety. I have known Standard to be a very honest woman for four or five years.

Pressman's Defence.

I have so far to say that all these women are clear. I know nothing of them, but only as neighbours. Barnes came up to have his shoes clean'd, and there is a fidler lives over that room; he hearing a noise had a mind to stay. Philips was lying upon the boards. He gave her twopence, and two-pence to the fidler for playing, and sent for six or seven pots of beer and purl, and not having money enough he sent his watch seal to pawn by Philips for money. Let him deny it if he can.

Philips's Defence.

I know nothing at all about it.

Standard's Defence.

I never saw the prosecutor in my life, this woman (looking to Pressman) came to me and put this watch into my hand; it was very warm, I did not know what it was. I lighted a candle and was frighted when I saw it. I went to a friend and said I was ruined for ever, and in the morning when Mr. Conner and the prosecutor came to my house I delivered it to them.

Pressman, Bennet, Philips,

Guilty .

Standard, Acq .

[Transportation. See summary.]

66. (M.) Elizabeth wife of John Mackdaniel was indicted, together with her husband John Mackdaniel , and Esther Kelley , not taken, for seting fire to the house of the said John Mackdaniel , at Chelsea , &c. January 23, 1756 .

No evidence was produced.

Acq .

67. (M.) Ann Hilliard , spinster , was indicted for stealing six holland shirts, value 38 s. the property of Welbore Ellis , Esq ; Dec. 13 . ++ .

Morgan Morgan. I am servant to Welbore Ellis, Esq; I missed some of his linen, but did not know who to charge with it.

Q. Did you miss it all at once?

Morgan. No I did not, I missed it at two several times, the last time was on the 18th of Dec. last, then I missed seven shirts.

Q. Was the prisoner a servant in your house?

Morgan. No, the prisoner used to serve our house with milk.

Q. Had she access to the room where your linnen was put?

Morgan. She had free access there, it being the room where she carried the milk into.

Q. Had the linen used to be loose about?

Morgan. It was put into drawers. After I had missed them I spoke to the housekeeper about it. We could suspect no body but the prisoner, so we sent to her and her mother.

Q. Had no body used to go into that room but the prisoner?

Morgan She was the only person that had been there that morning that the shirts were missing on. They both denied knowing any thing of the matter. Then I desired my master to let me take out a search warrant, to search the mother's room, and he ordered me to go to Mr. Fielding's for one, which I did. I searched but found nothing belonging to my master. I took the constable to my master's house, where the girl remained, and he examined her, and in our presence she did confess that she had pawned them, and that she would shew us where they were.

Q. Did she own the taking them?

Morgan. She did, and went and shewed us the two different places where she had pawned them.

Q. Did you find the goods there?

Morgan. We did. (Produced in court, two ruffled shirts and four plain ones.

Q. Are you certain whose property they are?

Morgan. They are the property of my master.

Q. Was you before the justice of the peace with the prisoner?

Morgan. I was; she confessed that she stole and pawn'd them.

Q. How old is the prisoner ?

Morgan. Her father told me she is thirteen years of age.

Richard Plowman . I am servant to Mr. Ellis.

Q. Have you heard the other witness give his evidence?

Plowman. I have, I was also present when she confessed she took the shirts.

Prisoner's Defence.

The occasion of my taking these things was, there was a man perswaded me to do it, who asked me for money. I said I had no ways to get any, he told me as I went into noblemens houses I might get things and not be suspected; he went away the morning after I was taken up, his name is Hugh Lloyd , a soldier. I told him I had seen shirts in a drawer, and he bid me take them out and bring them away, which I did, and pawned them and gave him the money. There was a woman with him that had part of it.

Guilty .

[Transportation. See summary.]

68. (M.) Sarah Gray , otherwise Judson , was indicted for stealing three silver tea spoons, value 4 s. 6 d. the property of James Davis , Dec. 11 . ++.

Elizabeth Davis . I am wife of James Davis , I left the prisoner in my room while I went to market.

Q. Where do you live?

E. Davis. I live in Strutton Ground . My husband's brother gives me spatterdashes to make, which I give out to poor people to do. The prisoner came to our house and asked me for work, and I let her have some to make up, about three weeks before I was robbed. She came to my house on Saturday the 11th of December, and work being slack she was there all day.

Q. How long have you been acquainted with her?

E. Davis. I had been acquainted with her but about a fortnight, from the time of my giving her work, on the Sunday morning being the 12th. Her landlord came to me and asked what I had done with Mrs. Gray, for she was not come home. Then I went into my closet and missed my teaspoons.

Q. How many did you miss?

E. Davis. I missed three.

Q. Did you ever find them again?

E. Davis. I did.

Q. Give an account how?

E. Davis. I met with the prisoner on the Tuesday following in St. Anne's Lane in the morning. I asked her where my spoons were; she said, she knew nothing of them. I told her if she would tell me, I would not hurt her. Then she told me where they were, and went with me to where they were pawned; she told me two of them were pawned for half a crown, and the other for 16 d. but I found the two were pawned for 3 s.

Q. Did you promise her, you would not hurt her?

E. Davis. I did, but that was not in my power, for my husband was the man.

Q. Where did you find the spoons?

E. Davis. I found them in Orchard-street, at two different houses.

Q. Did she own she took them?

E. Davis. She did. (The spoons produced in court and deposed to.)

Q. From prisoner. Did not you give me a coat to mend of your husband's?

E. Davis. Yes I did.

Prisoner. The spoons were in one of the pockets of the coat.

E. Davis. There was never a pocket in that old coat.

Mary Bechamp . I had two of these spoons brought by the prisoner at the bar, and pawned with me.

Hannah Hunt . I took in one of them of the prisoner at the bar.

Q. Where do you live ?

H. Hunt. I live in Orchard-street, so does Mary Bechamp .

Prisoner's Defence.

I worked for this woman my prosecutrix, and she being out of work, and I too, she bid me come to her house for a coat of her husband's to mend. I found these spoons in the coat pocket, and I being out of business and my landlady threatening to turn me out of doors, I was obliged to pawn them; she came to me and told me she would not hurt a hair of my head if I would let her have them again, and so I did; it was meer necessity that obliged me to do it.

Guilty .

[Transportation. See summary.]

69, 70. (M.) Ann Plunket and Mary Williams . spinsters , were indicted for stealing 4 s. in money numbered , the money of Thomas Brinton , December 18 . ++.

Thomas Brinton . I had been and received 7 l. 9 s. and gave it my wife all but a 36 s. piece, and was going home to my wife and family on the 18th of Dec. with a guinea and a half in one pocket and 4 s. in the other; being a little in liquor, and going by the door of a very bad house in Hog-lane, near Salt-petre-bank , these two women sitting at the door pulled me in, and flung me down on a bedstead.

Q. What time was this?

Brinton. It was about twelve at night, and my head being low, Mary Williams got her hand into my side pocket where my gold was. I pulled it out three times. Then she got her hand into that pocket where my silver was, and took the 4 s. out and two bad half-pence. I got up and ran to the Glass-house and got assistance, returned and found them in the same house, and took them up.

Q. Did not you give them the money?

Brinton. No, I did not.

Q. Did they both pull you into the house?

Brinton. They did.

Q. How came you on the bed?

Brinton. There was no bed, it was only a bedstead.

Q. Was you in liquor?

Brinton. I was not much in liquor, I was sensible of what they did.

Q. Was you able to walk ?

Brinton. Yes I was, but not to make a very good walk.

Q. How came you to know these women again?

Brinton. I came by the very same house, backwards and forwards, to and from work these two years, and have seen them at that door many a time.

Q. Did Plunket do any thing to you after you was in the house?

Brinton. She was by all the time, but did not rob me.

Q. Did she help to fling you on the bedstead?

Brinton. She joined with the other in doing it.

Q. Was you in company, or alone?

Brinton. I was alone.

Williams's Defence.

The way which we met with this man was by going into Murphy's house, the sign of the Horns, in Rag Fair, we called for a pint of beer, he was there sitting by another woman; she said how do you do to Ann Plunket ; as we had some beer, he said. I'll join with you, I have a shilling and am willing to spend it. He called for a pint of beer, and we drank out of it. He gave Mrs. Murphy a guinea instead of a shilling. The woman said, take care of your money, for I believe that is a guinea which you gave Mrs. Murphy; which appeared to be so.

Q. To prosecutor. Was you at that alehouse the prisoner speaks of that night?

Prosecutor. I was.

Q. Did you, or did you not, upon your oath, see either of these women there?

Prosecutor. I cannot swear I did.

Q. From M. Williams. Did not you offer Mrs. Murphy a guinea to change instead of a shilling ?

Brinton. I did. I had a guinea amongst my silver, and I gave her the guinea instead of a shilling to change, to pay for a pint of hot, but these women did not go along with me into the house as I know of.

M. Williams. The woman that was with him said, that is a guinea. He catched it out of Mrs. Murphy's hand, and took out a shilling and half a guinea; and as sure as God almighty is my judge he had but that shilling in silver.

Prosecutor. I had four shillings and two bad halfpence in one pocket.

Q. Are these the same women that you drank with?

Prosecutor. I cannot say these are the same. I gave some women some hot I know.

Q. Had you a woman in company with you in that alehouse?

Prosecutor. No, I had no call for one, for I have a wife and family.

Q. Did you sit down in the house ?

Prosecutor. No, I did not.

Q. Where did you get so drunk?

Prosecutor. I got drunk at the Black-Boy, at Salt-petre-bank, in taking my money. I am a glass-blower.

Both Acq .

71. (L). Susannah Williams , spinster , was indicted for stealing two blankets, value 5 s. one pair of sheets, value 6 s. one pair of pillow-biers, one napkin, one towel, one flat iron, one copper saucepan; the goods of Ann Simpson , spinster , the same being in a certain lodging room let by contract , to be used by the said Susannah Williams , Dec. 18 . ++.

Ann Simpson . The prisoner took a lodging room of me, and lodged in it a fortnight and upwards.

Q. Did you lose any thing?

A. Simpson. I lost two blankets, a pair of sheets, a pair of pillow-biers, and two candlesticks, a napkin, a towel, a flat iron, and copper saucepan.

Q. Where were they taken from?

A. Simpson. From out of her room.

Q. Were they let with the room to her?

A. Simpson. They were.

Q. Where do you live?

A. Simpson. In Church-yard-Alley, Fetter-lane.

Q. Why do you charge the prisoner?

A. Simpson. The prisoner owned she took them, in Bridewell.

Q. When did you miss them?

A. Simpson. I missed them on the 18th of last month.

Q. How long had she been in your house then?

A. Simpson. About a fortnight and two or three days. I wanted to know where the saucepan was. She said she had sent it down stairs. I asked her maid, who said she had lent it to a friend. I desired her to go and get it, saying I wanted it.

Q. Was the prisoner in the room to hear this conversation between you and her maid?

A. Simpson. She was, and heard it all. The maid went out to see for it, and the mistress went after her. She staid out 'till about eleven at night. I went up stairs to her, and asked her if she had got it. She told me she had found out where it was pawned for 2 s. then I insisted upon having it that night, and said I would send my maid with her for it. She said she had got no money, but if I would send for it, she would give me my money again the next day.

Q. Did the prisoner say the maid had pawn'd it unknown to her?

A. Simpson. She did. Then I began to be very uneasy about the other things, and desired my maid and a young woman in the house to go up to the prisoner's room to see after them. The bed was let down, and then the other things were missing. I immediately sent for the constable of the night and charged him with her. She having no money, he took her to Bridewell. She was after that examined before the sitting alderman, and there she own'd she took the things through necessity, having been arrested for 27 s. and said, if it was in her power she would have made them good again.

Q. from prisoner. Did not the maid run away when you and I had this conversation?

A. Simpson. Yes, she did.

Q. from prisoner. Did I not go and find her, and was backwards and forwards five or six times?

A. Simpson. Yes.

Q. from prisoner. Did not you make a debt of it, and say if I would lay down the money you would forgive me?

A. Simpson. No.

Q. from prisoner. Did not you say in Bridewell, if I had a friend that would lay down the money you would take it, and not prosecute me?

A. Simpson. All I said to her there was, I wanted to know where the things were pawn'd.

Q. Did she tell you ?

A. Simpson. She said they were pawn'd, and I found them by her direction.

Prisoner. My maid pawn'd them.

Q. Did you find them by her or her maid's direction?

A. Simpson. By her direction.

Q. from prisoner. Did I not go in pursuit of my maid, after she had pawn'd the saucepan ?

A. Simpson. Yes, she did; but then I did not know that the other things were missing.

Martha Atkinson . The prisoner told my mistress and I in Bridewell where the things were pawned.

Q. Did she say she had pawned them herself, or her maid ?

M. Atkinson. She said her maid carried them.

Q. Did she say by whose order?

M. Atkinson. She said it was by her order, to make up the money which she was arrested for; but she said she did not send her with the saucepan.

Q. Were all the goods mention'd to her at that time?

M. Atkinson. They were, and they were all pawned, but one blanket, to one pawnbroker by Shoe-Lane; but I don't know his name.

Prisoner's Defence.

When I took this room I told her I was at my uncle's at Highgate, and had been there almost two years backwards and forwards; I very seldom stay in London above four days together. After I had taken these lodgings I went to Highgate again on the Tuesday, and when I came home my maid (whom I had a very good character with) was crying. I said, what has happen'd? She said nothing at all. I urged her to tell me. She said I should be angry with her, and turn her away. She pretended she had spilt the looking-glass in the bed, that she was obliged to send the sheets to the woman to wash, and that I should have them on the Saturday night. On the Monday evening I borrowed my landlady's saucepan to dress dinner, and desired my maid to carry it down again, and the next day Mrs. Simpson ask'd me for it. I told her I knew nothing of it. The maid hearing her enquire after it, ran out of the room. When I found that she was gone and did not return, I said I'd dress myself and go to her mother's to see if I could find her. Her mother cried, and said she knew nothing of her. I went back again to Mrs. Simpson's and beg'd her not to be uneasy, and told her the mother lived in Chancery-Lane, and had promised to let her know where her daughter was. I was backwards and forwards that night till eleven o'clock, to see if I could find her; but could not. I beg'd of the mother to let me know where the things were pawned. She said she would shew me the pawnbroker's where they were. She had me through several alleys and courts; but I can't mention any names of places. When I came to the pawnbroker's, I asked him if there were suchand such things in Ann Swan 's name. He said there were. I said they were stolen out of my lodgings. The pawnbroker said it was no matter to know what they were pawned for, as I had not the money to take them out; so I came back again about eleven o'clock, and said, Mrs. Simpson, I have no money, I have been to my uncle's housekeeper in the Strand and he was not at home: so I could get no money. Then I told her where they were pawned. She went along with the maid, and found the saucepan.

Guilty .

[Transportation. See summary.]

72. (L.) Elizabeth Knotmill , otherwise Shelton , spinster , was indicted for stealing one silver watch, value 3 l. 3 s. the property of Abraham Thomas , in the dwelling-house of the said Abraham , Jan. 4 . ++

Abraham Thomas . I sell gingerbread and salop in St. Paul's Church-Yard. The prisoner being in a starving condition, and wanting a little girl to assist my wife, we took her in from out of the street. She told us she had neither father nor mother, or any friend in the world. On the 4th of this instant January, I was out about my business. My wife came to me between four and five in the afternoon, and told me she had lost the watch. I went home, and we made inquiry after the prisoner; but could not find her. The next morning I went to the Blackmore's-Head in Hedge-Lane, having heard her talk of that place; it happen'd to be the next door to where her father lives, and there I was told she had been a very bad girl. I could not find her till last Saturday night, when I found her in Tothill-fields Bridewell, and was told by the keeper she was committed there as a disorderly person. I challeng'd her with stealing the watch. She said she was very innocent of it, and did not value whatever I could do to her. I took her before justice Welch.

Q. Did she confess any thing there?

Thomas. No, nothing at all.

Q. When did you take her into your house?

Thomas. I took her in on New-Year's day, in the afternoon. She staid but from that Saturday in the afternoon, till the Tuesday following.

Mary Thomas . I am wife to the prosecutor. A person came to our house for a bottle, which was above stairs. I sent the prisoner up for it. She came down and left the bottle on my husband's stand, that he sells his salop on, in the passage, and went away. The watch had been hanging up in the same room where she fetch'd the bottle from, and it was gone.

Q. When had you seen it last before that time?

M. Thomas. I had seen it about half an hour before. I never saw the girl after that, till I saw her before the justice.

Q. Did you see her go out?

M. Thomas. No, I went to the stair foot (after I thought she staid a great while) and call'd her. She made no answer. Then I ran up, and missed the watch.

Q. Did you hear her examined before the justice?

M. Thomas. I did; but she acknowledged nothing. All she said was, that I abused her; which was the reason of her going away.

Hannah Mathews . I went to the prosecutor's house, and asked for a quart bottle. Mrs. Thomas sent the prisoner up-stairs for it, but we did not see her come down again. Her mistress went up-stairs, and missed the watch directly.

Prisoner's Defence.

I was scowering a pair of stairs, and happen'd to fling the brush down the necessary house. My mistress came and call'd me a great many names. This woman came for her quart bottle, and I was sent up for it. I brought it down, and went to a chandler's shop, where I had some beer. The woman there gave my mistress a very bad character. I said she had quarrel'd with me and abused me, and curs'd and swore at me. I never saw the watch.

Q. to M. Thomas. Did you quarrel with her as she has mention'd ?

M. Thomas. I found her very lazy and slothful, so told her if she did not mind her business she would not do for me. I had set her to clean the kitchen stairs, but instead of that she went down to the necessary house. I never gave her an ill word.

Q. Did the watch hang up so as any body going into the room might see it ?

M. Thomas. It did.

Q. Could any body else get into that room ?

M. Thomas. No. The outward door was lock'd with a spring lock, and nobody could go up but the prisoner.

Guilty 39 s.

[Transportation. See summary.]

73. (L.) Ann Long , spinster , was indicted for stealing one silver spoon, value 10 s. the property of Rice Price , Dec 30 .*

Margaret Price. The prisoner came to my house, on the Thursday night before New-Year's day, for some pearl ashes.

Q. Are you a married woman ?

M. Price. Yes. My husband's name is Rice. My maid was making a mess of water-gruel. After the prisoner was gone the maid missed a silver spoon, that she had been using, from off the counter; where she said she had laid it. I went after the prisoner to her master's house. I told the mistress what we missed, and that I suspected her maid. She and I went up-stairs to her room.

Q. Did you see the prisoner ?

M. Price. She was sitting, at the same time, on her bed-side. In turning up the bed we found the spoon lying on the sacking of the bedstead. It was mark'd with my husband's and my name.

Q. What did the prisoner say ?

M. Price. She beg'd for mercy.

Q. Mention the words she made use of.

M. Price. To tell the very words I cannot. She said she was never guilty of the like before, nor ever would be again, and beg'd we'd be merciful to her. I have heard she bore a very good character before this.

Elizabeth Frecleton . The prisoner lived with me at the time this thing happe n'd.

Q. Where do you live ?

E. Frecleton. I live by Bow-Church. Mrs. Price came to me, and asked me where my girl was. I said, I believed she was gone to bed. She told me they had missed a silver spoon, which her maid had just put down out of her hand, and there was room for suspecting my girl of stealing it. We went up to her. She was sitting on the side of the bed. We asked her to see her pocket. We found nothing there. Then Mrs. Price asked for the key of her box, that was standing by the bed-side. We looked, but found nothing there. Then I turn'd up her bed, and there lay the spoon; which Mrs. Price own'd. The prisoner had silver spoons, tankards and other silver things in my house in her care. She was always very honest to me. I had so good an opinion of the girl, that really I was so surprised that I could hardly tell what was said at that time.

Prisoner's Defence.

I had been to fetch some sand, and when I went to dry it by the fire I found the spoon in it.

Q. to E. Frecleton. How long had she lived with you ?

E. Frecleton. She had lived with me but a very little time. I had a very good character with her, and she was a very good servant.

For the Prisoner.

William Richards . The prisoner served as an apprentice for five years with me; during which time she behaved just and honest to me.

Rivers Grindal. The prisoner's mother has work'd in my house, as a chairwoman, eight or ten years, whom I take to be remarkably honest; during which time I never heard any thing ill of the prisoner. She always bore the character of a sober honest girl.

Samuel Chandler . I have known the prisoner from her infancy; I never knew her guilty of an ill action in my life before this.

Guilty 10 d.

[Whipping. See summary.]

74. (L.) Jane Carrol , spinster , was indicted for stealing one pair of leather breeches, value 2 s. one brass candlestick, value 2 s. and one silk handkerchief, value 8 d. the goods of Matth.ew Callahan , Dec. 22 .*

Matthew Callahan. The prisoner was with me in the nature of an acquaintance. She had done odd jobs for my wife, so we gave her victuals, drink, washing and lodging, and at last she rob'd us, and we took her up by a suspicious warrant.

Q. What goods did you miss?

Callahan. I missed a pair of leather breeches, likewise a brass candlestick, and a silk handkerchief.

Q. When did you miss them?

Callahan. I believe it was about the middle of last month.

Q. Was you with her before the justice?

Callahan. I was, and there she confessed, in my hearing, that she had taken the things, and said where she had pawn'd the candlestick and handkerchief; but when we went to demand them the people denied having them. She told us where she had sold the breeches for two shillings. We went there, and the man owned he had sold them.

Q. Where did she say she pawn'd the candlestick and handkerchief?

Callahan. She said she had pawn'd them at a pawnbroker's, in Penton Street.

Q. Was her confession put in writing?

Callahan. It was.

Q. Did she sign it?

Callahan. She did. I saw her sign it. (The confession produced.)

Justice Welch. (Takes it in his hand.) This is my hand-writing. (Looking to his name on it.)

It is read to this purport:

'' That she being charged upon oath by the '' prosecutor with taking, and carrying away '' goods, as mentioned in the indictment; voluntarily '' faith, she took from the prosecutor's '' house a pair of leather breeches; which she '' sold to a person near Monmouth-Street for two '' shillings, and a brass candlestick and silk handkerchief, '' which she pawn'd to a person, but to '' whom she knows not.''

John Haistings . I bought a pair of leather breeches, but whether it was of the woman at the bar, or another, or whether they were that man's breeches, I can't tell; they came and asked me for such a pair. I know I had sold them a month before they came and asked me about them.

The prisoner had nothing to say in her defence.

Guilty, 10 d.

[Transportation. See summary.]

75. (L.) Elizabeth Cox , spinster , was indicted for stealing three washing tubs, value 9 d. and one wooden bowl, value 3 d. the property of Jane Morgan , Jan. 8 .*

Jane Morgan. I had three washing tubs in my yard, in Green-Arbour Court, near the Little Old-Bailey . The prisoner came at divers times and took them away.

Q. How do you know that?

J. Morgan. Because she confessed it to me, and told me all the places where she had sold them at.

Q. When did she confess this?

J. Morgan. On Monday last before justice Fielding.

Q. To whom did she say she sold them?

J. Morgan. She said she sold one to a person named Mary M'Can, and the others in Field-Lane.

Mary M'Can. The prisoner came to me on Saturday last, and asked me to buy a tub that she had fetch'd out of pawn; saying, she wanted twopence to pay for her lodging. She asked me a shilling for it. She had it with her, and I bought it for nine-pence.

Q. Has Jane Morgan seen that tub since?

M. M'Can. She had since been with me and own'd it, and I gave it up to her.

Prisoner. That evidence has known me seven years. She can give me a character.

M. M'Can. I have known her about eight years ago, she was then in a very good place; I have known but little of her since. I know she has been in distress.

Guilty .

[Transportation. See summary.]

76. (L.) James Savage was indicted for stealing thirty bricks, value 6 d. the property of Mark Jefferson , Dec. 15 . +

Mark Jefferson . I had a parcel of bricks, by a building, in Holbourn, near the Black-Swan . On the 15th of December, in the evening, I was sent for, and informed somebody were stealing my bricks. I went there, and all I can say is, that the bricks are my property that lay there.

Q. Can you tell whether any were missing from the heap ?

Jefferson. No, I cannot.

Q. Have you heard the prisoner say any thing about them?

Jefferson. He beg'd I'd be favourable to him, and said it was so trifling a thing he thought I could not be off from pardoning him for it.

Q. Did you hear him accused of taking any ?

Jefferson. I did; but can't say he did immediately own it.

William Farrown . I live close by where the brick-heap was. I stood by my door and saw a man come and carry away several baskets full of bricks from that heap. I thought I'd detect him. When he came again and fill'd his basket I went and laid hold of him. He said he'd do so no more. I asked him where he carried them. He said, into Purpool-Lane. I asked him what to do. He said, they were to build up a job, in mending a chimney. I carried him into the yard. We charged a constable with him. There came the bricklayer that he was stealing the bricks for. I took him and carried him into the yard also; but he got over the place, and so got away.

Prisoner's Defence.

If my prosecutor will pardon me I'll never do the like again.

Guilty .

[Transportation. See summary.]

77. (L.) William King was indicted for stealing one tin-burner for a lamp, value 4 d. the property of John Hinks , and one tin burner for a lamp, value 4 d. the property of James Love , Dec. 12 . ++

John Hinks . I had lost a great many tin-burners out of lamps, from the stair-cases in the inns of court, and since this man at the bar has been taken into custody I have not lost any.

James Love . I have lost a great number of tin-burners from the inns of court. A person call'd upon me to know if I had lost one out of Barnard's-Inn . My servant, that has the care of them, said we had. He was shew'd one, and swore that was the same that was lost from thence.

Q. Why do you charge the prisoner at the bar?

Love. I heard the prisoner confess he stole that, and some that I lost before. There was one of mine, and one of Mr. Hinks's then before him.

William Derry . I think it was the 12th of December when I was in Clifford's-Inn, and saw the prisoner come from one of our stair-cases. I suspected him to be one of those that stole the lamps from the stair-cases, so I took and search'd him, and in his pocket I found two. ( Produced in court.) I asked him where he stole them from. This he said he stole from out of the Temple (holding one in his hand) and the other out of Barnard's-Inn, in Holbourn.

Henry Brown . The prisoner was taken on a Sunday night with these two tin-burners here upon him, and this (holding one in his hand) I know to be my master's property.

Q. Who is your master?

Brown. His name is James Love .

Q. to Mr. Hinks. Look upon the other burner, do you know it?

Hinks. That is mine.

Q. How do you know it to be yours?

Hinks. I have progressive numbers upon them, by which I know them.

Q. Do you supply the Temple?

Hinks. I do. This is No. 7, the very same that was missing, that very night, from Fig-Tree Court.

Q. to Brown. Who lights the lamps in Barnard's-Inn ?

Brown. I do. This is No. 13, in that inn.

Prisoner's Defence.

I never took any before them.

For the Prisoner.

Sarah Maschal . I have known the prisoner upwards of ten years.

Q. What is his general character?

S. Maschal. I never knew any ill at all by him.

Guilty .

[Transportation. See summary.]

78, 79. (M.) Walter Broxton and John Gouge were indicted, the first for stealing two truffes of hay, value 2 s. the property of Charles Bocock , and the other for receiving the same well knowing them to have been stolen , Dec. 17 . +

Charles Bocock . Bloxton was my servant . I was informed he made a practice of selling my hay, so I made it my business to way-lay him, and I catched him in selling two trusses of hay to the other prisoner. He stop'd his cart in White-Chappel, and threw two trusses down, and each of them took one, and carried them into a back place, in a stable, and put them up into the hay-loft.

Q. What was in the cart?

Bocock. There was a load of hay, which I had sold to a brewhouse at 45 s. One went up into the lost, and the other handed them up. As soon as the buyer came down I collar'd him, and charged him with buying stolen hay, and desired him to go before a magistrate. He was very unwilling, but at length I got him there. When he found I was master of the hay he would have paid me for it. I told him I had sold him no hay, for that load of hay was sold already, and I could not sell it twice, so should take no money of him; so he gave the money, which was two shillings, to Broxton, my man, who took it, and put it into his pocket. After that I went to the brewhouse to see if there were any mistake, that is, if the hay should be short.

Q. Were there two trusses of hay short ?

Bocock. I don't know whether there were or not. They acknowledged they had received a full load of hay.

Q. What brewhouse was the hay carried to?

Bocock. To Mr. Trueman's brewhouse.

Bloxton's Defence.

The horsekeeper said if I could sell a truss or two of hay, in coming along, I was very welcome; so I sold these two trusses.

Q. to prosecutor. Who did you see at the brew-house, that told you they had received the hay?

Prosecutor. I saw the horsekeeper. He always takes in the hay.

Gouge's Defence.

I bought the hay of this man (looking to Broxton) and paid him for it. I was coming from the blacksmith's with my horse. I asked him if he'd sell any hay. He said he'd sell a truss or two. I gave him two shillings for it. My master was then very ill in bed, and we were out of hay.

For Gouge:

Edward Robins . Gouge lived servant with me, and is a very honest fellow; I have known him fourteen or fifteen years.

Q. What are you?

Robins. I keep a little shop in White-Chappel.

Q. Do you keep horses?

Robins. I do.

Q. Had he used to buy hay for you?

Robins. He never did but once, and that was two trusses: hay being short, and I was sick at the time.

Q. Did he buy it by your order ?

Robins. No, he did not. He gave a market price for it, as hay went then by the load.

William Clements . I have known Gouge to have the character of a very honest man.

Q. How long have you known him?

Clements. I don't know how long, he work'd at the Tower some years in making the cartridges. I know his master [the last witness] was very ill at the time he bought this hay.

Christopher Gardner . I have known Gouge about half a year. I have known his master some time, who was ill in his bed, and the prisoner said, he did not know what do for some hay for his horses. I have been with the master in the market in White-Chapel, when he has bought hay; he never trusted his servant when he was well, to buy hay. I was in the stables several times while the master was ill, and no-body expected his life. I remember the horse was eating oat straw. I asked the prisoner why he let the horse eat oat straw; he said, because his master had no hay.

Broxton, Guilty .

Gouge Acq.

[Transportation. See summary.]

80. (M.) Martha wife of William Perry was indicted for stealing ten linen sheets, value 10 s. two linen shifts, value 1 s. one check'd apron, value 1 s. the goods of persons to the jurors unknown, Jan. 3 . +

John Swallow . I am overseer of the parish of St. Margaret's Westminster. The prisoner was a nurse in the workhouse belonging to the said parish, our board sets every Thursday night; during the time they were fitting, there was complaint made, that eighteen sheets were missing. The maron said, she believed the prisoner had taken them out of the house and pawned them. She was sent for down, and charged with so doing, and before the board she own'd she had carried some out to pawn. The gentlemen desired I would take her before justice Manly the next morning. She confessed she had taken ten sheets out of the workhouse. I went to the justice to desire him to grant me a search warrant, which he did; then I took a constable with me, and we went and search'd at Mrs. Adams's, a pawnbroker, in College-street, and at Mrs. Griffith's, a pawnbroker in Tothill-street; we found five in each place, mark'd with the parish mark, SMW. ( produced in court.)

Q. Did you find any thing else?

Swallow. We found a check'd apron at Griffith's, and two linen shifts at one Cooper's.

Ann Fletcher . The prisoner was a nurse in St. Margaret's workhouse .

Q. What are you?

A. Fletcher. I am matron there; the prisoner had taken these things out of the house and pledged them.

Q. How do you know that?

A. Fletcher. Because she owned it, and directed us to the pawnbrokers where we found them.

Q. Are you sure they belong to the house?

A. Fletcher. Here is the house mark upon them.

Q. Was you present when the woman was examined?

A. Fletcher. I was, and heard her acknowledge she had taken them, but not with an intent to defraud, but to bring them back again.

Mary Adams . The prisoner brought four sheets to me, and I lent her money upon them.

Court. Here are five produced, said to be found at your house.

M. Adams. There are so, but I can swear but to the taking in of four of them.

Q. Did you know her before?

M. Adams. I did.

Q. Who did you deliver the sheets to?

M. Adams. To the constable and overseer.

Mary Griffith . I took five sheets and a colour'd apron in, of the prisoner at the bar.

Q. Did you know her before?

M. Gr iffith. I did.

Q. Where do you live?

M. Griffith. I live in Tothill-street.

Q. Is that in the same parish where the prisoner lived ?

M. Griffith. It is.

Q. How came you to take in these things, knowing where she lived, and what they were?

No answer.

Q. Who did you deliver them to?

M. Griffith. To the overseer.

William Cooper . The prisoner came to Peregrine Hutton 's, who is my uncle, and pawned two shifts with me.

Q. What did you lend her upon them?

Cooper. I lent her two shillings.

Richard Wicks . I am a constable. The overseer sent for me after the prisoner was taken up. I went to the justice, who granted a search warrant, and we went to these pawnbrokers, and this linen here produced was delivered to me.

Q. What did you find at each place?

Wicks. I found five sheets and a blue and white apron, at Mrs. Griffith's; and five sheets, at Mrs. Adams's; and two sheets at Cooper's, in the Ambury.

Q. What did the prisoner say for herself ?

Wicks. She said, she had nothing to say for herself, only that she did intend to redeem them again.

Prisoner's Defence.

I have an unfortunate daughter that is drawn away from me, and I took these things in order for her use, with an intent to bring them back again as soon as I could raise the money.

Guilty .

[Transportation. See summary.]

81. (M.) Charles Shutter was indicted for feloniously slaying Hugh Cockerham , Jan 19 . +.

Frances Cockerham . The deceased Hugh Cockerham was my husband. I was at Mr. Gentleman's house.

Q. Who is he?

F. Cockerham. He keeps a public house. My husband came in to look for me; and I went in, in order to look for him. He desired me to go home. I heard a scuffle in the tap-room and return'd back again, when I saw this corporal and my husband engaged together. [The prisoner is a soldier ] I took hold on the corporal's hair and pull'd him away, and no harm happen'd at that time as I saw. Then my husband desired me to go home again. I desired him to go with me. He said he would not. I went to a neighbour's house and staid there about a quarter of an hour, and in came Richard Christy with my husband's hat in his hand, and told me my husband was killed, and that he was bleeding in my room. I asked him who brought him in, and how he came there.

Q. Did he tell you how it happened?

F. Cockerham. No he did not, nor who brought him home. He told me they had thrown him upon the fire and burnt his temple after his face was cut. His forehead was cut very much.

Q. How long did he live after this?

F. Cockerham. He lived 2 month and two days after. He was buried last night. He lay in a very lingering way, and always told me till his death, that the corporal was the death of him.

Catharine Walley . I went into Mr. Gentleman's where this accident happened, and in about a minute after I was there, in came Mr. Cockerham; his wife being there he desired her to go home, accordingly she turn'd out of the room. He was talking to somebody, I don't know who; one said, I speak my own country language, do not you understand me.

Q. Who said that ?

C. Walley. It was the prisoner at the bar said that. I saw Mr. Cockerham get up two or three times, so did the prisoner; the men that were in the room got between them, so I saw no blows given. There was no damage done while I was there. I went home directly.

Q. From Prisoner. Did not you see Mr. Cockerham give me the first blow ?

C. Walley. I did not see who struck first, I saw no blows.

Mr. Gentleman. The prisoner at the bar and his comrade were drinking a pint of ale in my house; in came Cockerham, who saw his wife, and the last evidence; and said to her, pray madam, what do you do here, you should be at home. March now, (as much as to say go home.) She said, I will not go without you go with me; he said again, I say go home.

Q. Did she obey his order?

Gentleman. She did, but not immediately. After she was gone, she and Mrs. Walley came in again for a pint of hot, for Walley's husband. She was warming it herself at the corner of the fire; the prisoner was sitting by the fire and seemed to force his discourse to her, as she was warming her husband's pint of hot. Cockerham the deceased called the prisoner some names, and said, what business have you chattering with her. The prisoner said, what business have you with it. Cockerham jump'd up. and gave the prisoner two or three blows, and said, I'll cut off one of your ears. Said the prisoner if you do, I'll have your hearts blood. After this they sat to, and got into the box, and had a a few pulls by the hair, and little things that would not kill a rat. We parted them, and put them at a distance. I having some business at the bar, while I went there they step'd up to each other, and went at it again. They had a fall, the prisoner at the bar was underneath, and the serjeant had his forehead cut by the grate, as he fell.

Q. Who do you call the serjeant ?

Gentleman. The deceased was a serjeant, and the prisoner a corporal.

Q. When did the deceased die?

Gentleman. He died a month and two days after this. I went to see him before he died. There were two serjeant majors sent to examine me. They asked me who was the aggressor, was it the serjeant or the corporal. I told them before Cockerham's face, that he was the aggressor. He was then sitting on his breech in his bed. I said to him, Cockerham, the fault lies upon you.

Q. What was his answer to that ?

Gentleman. He said, I know it. I entirely forgive him, and know I am guilty of the fault; and said to the serjeant majors, dear gentlemen, don't let me be brought to a hearing.

Q. What did he mean by that ?

Gentleman. I suppose he meant, not to let him be brought to a court martial. He acknowledged he was aggressor to the last.

Q. From prisoner. Did not serjeant Cockerham desire me to come and shake hands with him?

Gentleman. Yes, he did.

Q. What were his words ?

Gentleman. He said, let the man come. Let me see the man, for I want to shake hands with him, for I own I was the aggressor. This is truth. The woman may say as she pleases.

Prisoner's Defence.

That night when I was drinking a pint of ale, in Mr. Gentleman's house, serjeant Cockerham's wife and Mrs. Walley happen'd to come in. I had a comrade of mine with me. Mrs. Walley bespoke a pint of hot, which she said was for her husband, who was in bed. In the mean time serjeant Cockerham came in and saw his spouse there. She was fractious in liquor; he bid her go home. She said she would drink something first. Then Mr. Gentleman was taking the pint of hot from the fire. He said here is a pint of hot making. The woman said I wait for it, I'll take it home for my husband. I said to Mrs. Walley, I wish I was your husband, if it was but for sake of the pint of hot. So perhaps serjeant Cockerham thought I spoke to his wife. He said, what chattering Rachel is this. I did not know him, nor he me then. He repeated those words twice. I look'd round and said, is it me you speak to. He said, yes, you scoundrel, you impudent puppy, if I had you in another place I would cut your ears off. I said, then you would serve me, as they do the rogues in my country, to make an example of them. Mr. Gentleman said, do'nt make a disturbance. I said I know nothing of the man, nor he of me, if he will keep himself to himself, I will not interrupt him, making slight of the thing, which madehim mad, and he got up and gave me a blow on the face. I laid hold of him in order to keep him quiet, and in the mean time my landlord and my comrade laid hold of me; and Mrs. Cockerham, in order to take care of me, pulled me backwards by my hair. After we were parted, I sat down, and said, as you are a serjeant and I but a corporal, it does not become me to strike you again. according to our martial law, but according to that law I'll make proper complaint of you to my field officer. He will you, you dog. I said yes I will. I drank my, and as I was ting my pint down, he came up and gave me a blow on my eyebrow, which made me a black eye, and knocked me backwards and was going to get up again he followed him slow and struck me on my back; whether he had a mind to give me a lirce on my fall, or whether it was his being drunk I know not, but he follow on me and before went against the grate, gave him this would. After we got up he sat down and directly put his handkerchief to it. His head bled very much. Mr. Gentleman sent for a surgeon, who dressed his would. I went home and went to bed. Mrs. Cockerham came to my serjeant's house, and desired to know whether the Hanoverian corporal was at home or aning me and desired he would be to good confine me. This obliged me to make my complaint to the field officer. I got up in the morning and did so, and I was promised I should have justice done me. After this two serjeant majors were sent to enquire into the affair, and Mr. Gentleman went with them to the deceased. The account of what passed there, he has given this honourable court As he wanted to see me, I went twice to see him, but I was denied seeing him by his wife, with very bad words.

For the Prisoner.

William Fordice . I am a surgeon. I was sent for five days after this happen'd, and found a wound on the deceased's head. I examined it; the symptoms were then very favourable for a wound in the head, because all wounds on the head are more or less dangerous. He asked me what I thought. I said as all wounds on the head are more or less dangerous, I could not say any thing to it, but I could not discover any marks of a fracture in the scull. For some days the thing went on very well. After a time they sent word the serjeant was very ill. I went to him, and found he had a difficulty in breathing, and that he had been let blood the night before, without letting me know of it. Then I found he had a pleurify, and was very yellow; which we look upon as a very bad symptom. In a pleurify it is generally mortal.

Q. What is your opinion was the occasion of his death ?

Fordice I believe he died of a pleurisy.

Q. Do you believe that wound on his head was the occasion of bringing the pleurisy on him ?

Fordice. I believe that might put him in a severish slate. I can't say as to that.

Q. Did you open the body afterwards ?

Fordice I did, and upon looking on the of the scull I could not see any marks of a fracture at all. We opened likewise his breast, and on that side, where he make complaint, we found a great collection of matter; such a quantity as was sufficient to destroy any person in such a d, unless they spit it out. It was sufficient to convince me he died of that pleurisy.

Q. Whether you think he would have died so soon it he had not received ?

Fordice. I think he would; but am not sure of that.

The prisoner had several witnesses to his character, but the court thought it needless to cn.

Acquitted , and that the deceased died a natural death.

82. (M.) Mary Lawrence , widow , was indicted for stealing five guineas, 4 half guineas, and 31 s. in money number'd, the money of Thomas Sipling , privately and secretly from his person . March. 9 . ++

Thomas Sipling . I am servant to William Belasy in Berkley-Square. On the 6th of March 1754, the prisoner at the bar came to Mr. confield's, an apethocary, in King-Street, St. Ann where I liv'd then a servant. There was another woman along with her. They came in the morning about nine o'clock. She wanted to buy a pennyworth of pomatum. I took down the gallypot and serv'd her. Then she told me there was a person, that died formerly in our house, that had left a great deal of money, and if I would be true to her, she would tell me where it was. She wanted me to mark her hand with the price of silver that I had got, which was a price, which I did; then a sixpence and a pennyworth of halfpence, which I did also. After I had given her that, she went from me to the George in Princess-Street, St. Ann's, and desired me to come to her; which I promised. After I had done my work in the house I went, at the time we appointed, to her to tell me, as she pretended, where the money was.

Q. Was the other woman there when you went ?

Sipling. She was. I call'd for a pint of hot. Then the prisoner told me I was to go and buy a halfpennyworth of peppercorns. I went and bought a halfpennyworth, and carried them to her. After that she ordered me to go and buy a halfpennyworth of beeswax. I went and bought that, and brought it to her. Then they said I must go into my master's cellar, and from under a cask of beer I was to take up a little bit of dirt and carry to them.

Q. How old was you then?

Sipling. I was between eighteen and nineteen years of age.

Q. Did you go and fetch some dirt?

Sipling. I did. I was ordered to bring it in a handkerchief, which I did. Then they asked me how much money I had got, but I would not tell them. Then the prisoner said I must tell them to a farthing, or they could do me no service. Then I told her I had a guinea.

Q. What did she say to that?

Sipling. She told me that would not do. Then I told her I had two guineas. Then she told me I must tell her to a farthing. Then I told her I had seven guineas in gold. I had some silver, which was twenty-six shillings; but she did not know that I had any silver in my pocket. She asked me where my money was. I said at home in my box. Then I was to go and bring it; which was five guineas and four half guineas.

Q. How long had you been in London then?

Sipling. I had been in town just about four months. I was to bring that gold, the halfpennyworth of peppercorns, and the beeswax, all together in a handkerchief, tied up, to her.

Q. And did you do so?

Sipling. I did.

Q. Did you deliver it to her?

Sipling. No.

Q. What did you do with it?

Sipling. I kept it in my pocket.

Q. Did you not shew it her?

Sipling. She never saw it to my knowledge.

Q. Did you secure your pocket well ?

Sipling. I tied them all up together in the handkerchief, put them into my pocket, and button'd my pocket up.

Q. What pocket?

Sipling. My breeches pocket.

Q. Are you sure you did not deliver it to her to look at?

Sipling. I never delivered it at all to her.

Q. Did not she ask you to deliver it to her?

Sipling. No, she did not.

Q. What did she say to you after you returned with it?

Sipling. She only asked me if I had got such a quantity with me. I told her I had.

Q. What was next to be done?

Sipling. Then I was to go from them, at the George, to my master's cellar, where I took the dirt from, and I should find fourscore pounds in gold, fourscore pounds in silver, 4 silver spoons, two gold rings, and a silver cup.

Q. How long did they keep you at the George?

Sipling. They kept me from nine in the morning till about one. It was about half an hour past twelve when we parted. I was not to put my hand in my pocket, or tell any body of it, till the clock struck one.

Q. What was to be done when the clock struck one?

Sipling. Then I was to come back, to the George, to them. I went to master's, and when the clock struck one I went to the George again.

Q. And what then?

Sipling. And then they were gone.

Q. Did you search, where they directed you, for all these riches?

Sipling. I did. It took me up half an hour in searching the cellar, upstairs and down; but I could not find a farthing.

Q. In what part of the publick-house were you?

Sipling. We were in a box, in the drinking-room.

Q. How did you all sit?

Sipling. One of them sat at one end, the other at the other, and I in the middle.

Q. Did you all three sit upon one bench?

Sipling. We did.

Q. Was you all that time in their company you mention ?

Sipling. I was but very little in their company, hardly above ten minutes together. I was obliged to be backwards and forwards.

Q. Did you observe that either of them touch'd your pocket ?

Sipling. No, I can't say I did; but they kept entertaining me with how much money I should get.

Q. Did you drink much with them?

Sipling. I only drank one draught.

Q. Which sat on that side your money was on?

Sipling. The prisoner at the bar did, which was my left hand side. It was in my breeches pocket.

Q. What did you do when you found they were gone away?

Sipling. Then I searched my pockets.

Q. Did you find your money safe ?

Sipling. I found seven king George's new half-pence, instead of my seven guineas, and all my money was gone.

Q. When did you see the prisoner after this?

Sipling. I never saw her till above a year afterwards; then I lived at my lady How's, which was the next place I went to.

Q. When was this?

Sipling. It was last year.

Q. What time of the year?

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 Friday the 14th, Saturday the 15th, and Monday the 17th of JANUARY,

In the Thirtieth Year of His MAJESTY'S Reign. NUMBER II. PART II. for the YEAR 1757. Being the Second SESSIONS in the MAYORALTY of The Right Honble MARSHE DICKINSON, Esq; LORD-MAYOR of the CITY of LONDON.

LONDON:

Printed, and sold by J.ROBINSON, at the Golden-Lion, in Ludgate-Street, 1757.

[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.

Sipling. I Can't exactly tell the time. I went to the door, and the prisoner told me she was recommended by somebody (she did not tell me who) to Miss How, to sell her some stockings. She said she heard Miss wanted some, and she had some, very good, of all sorts. I told her she did not want any such things. Upon seeing her I recollected her to be the very woman that had got my money; but she was gone from the door, and I had shut it. I ran out after her, but could not see her. The next time I saw her was on the 16th of December last. She knock'd at my master's door, with a very great knock. I looked out at the area. She ask'd if my mistress would buy any stockings. I said no. I directly ran upstairs, knowing her. When I came out she was gone, I knew not where. I saw a little chimney-sweeper, and asked him if he saw such a woman running. He directed me down into the Mews. I ran after her as hard as I could, and I saw her. She ran also as hard as she could. As soon as she turned the corner she ran in at the Coach and Horses alehouse, in Hill-Street, and when I got to the corner I could not see her. I enquired of a coachman, and he told me she was gone into that house. I went in, and found her. I told her she was the person that had got my money from me, and I would take her up. She scream'd, and wanted to get away. She got out at the door, but I took hold of her and took her into the house again by man strength, and sent for my fellow servant, who came.

Q. What did she say to that charge?

Sipling. She said, how could I be such a lying man to accuse her with such a thing wrongfully. I told her she was the person, that I was very sure of it, and I would never part from her. She desired me and my fellow servant to go backwards, and wanted to treat me with a pot of brandy hot. She desired me to be favourable to her, and wanted me to make it up.

Q. Did she offer you any money?

Sipling. No, she did not; but asked me what I would be willing to do I charged a person to sit there with her, while I went and got a warrant, which he did. Then I charged a constable with her, and I took her to the justice. There I was sworn.

Q. What did she say for herself there?

Sipling. She said, it was a very hard thing to accuse a person wrongfully, and said, she was not the person. The justice ask'd her if she was a married woman. She said, she was. He asked her where her husband was. She said at sea. He asked her on board what ship, and she said she had forgot the ship's name.

Q. Did she own any thing of this robbery there?

Sipling. No, she did not. His worship sent her to Tothill-fields bridewell, and since she has been there she sent two men to me.

Q. How do you know that?

Sipling. They said they came from her, and that she sent them. They wanted to make it up with me.

Q. Did you see her there?

Sipling. Yes, I did. I went to her there, and told her I was determined to advertise her. She beg'd I would not, and desired me to make it up. I told her if there was any possibility I would agree to it. She said, she could not raise all the money, but maybe she might raise five guineas. I said, I was a great stranger to the affair, and did not know how to go about it. My fellow servant, the butler, undertook to manage for me. He told her he would not take less than the money, he would have all or none. He is since dead.

Q. What was her reason for your not advertising her?

Sipling. She said, she had got-friends in the country, and if I did not advertise her maybe she might raise the money; so on that account I did not advertise her. After this these two men came to me with every farthing of my money, but my fellow servant durst not take it without the justice would withdraw the recognizance, which he would not do; so I did not take the money.

Q. Did these two men say that they came by her order ?

Sipling. They did.

Cross examination.

Council. You say it was on the 6th of March, 1754, that you first saw her?

Sipling. Yes, it was.

Council. And another woman was with her.

Sipling. Yes, there was.

Q. Was that other woman with her all the time at the George?

Sipling. Yes, she was.

Q. How long time might it take up to get peppercorns and other things?

Sipling. I was with them from nine till past twelve. It was a little past twelve when I went to fetch the dirt.

Q. When you had got them all together, did you put your money among the peppercorns and beeswax?

Sipling. I did; tied up in a clean cloth, and then put into the corner of my silk handkerchief. I kept the gold in that cloth in my box.

Q. How did you fasten your pocket after you had put it in?

Sipling. I button'd the flap of my breeches pocket.

Q. How long was you in company with them after that?

Sipling. I think it was not quite half an hour.

Q. Are you certain the prisoner is one of the women?

Sipling. I am very certain.

Q. Was your handkerchief, peppercorns, and beeswax in your pocket after they were gone?

Sipling. They were.

Q. Were the halfpence, you found, in the white cloth where the gold had been put?

Sipling. They were.

Q. And was that cloth in the inside the handkerchief?

Sipling. It was.

Q. Was it in the same manner as you had put it?

Sipling. It was.

Q. Do you think it was possible for any body to take that handkerchief out of your pocket, the gold out of it, put the halfpence in, then put the handkerchief in your pocket, and you know nothing of the matter?

Sipling. That was done, I am very sure.

Q. How can you be sure?

Sipling. Because I was in nobody's company but theirs.

Q. Was you sober?

Sipling. I had not been drinking at all, and was perfectly sober. All I can tell of it is, I put my money in my pocket, and after that it was gone. One of them must take it.

Q. What did you charge her with before the justice?

Sipling. I charged her with the whole sum of money.

Q. Did not you charge her with cheating and defrauding you, by false pretences, of the sum of 8 l. 18 s. 6 d.

Sipling. I did.

Q. Did you charge her with a capital offence?

Sipling. No, I did not then.

Q. Was not she committed for a fraud?

Sipling. She was.

Q. Did not she say she was with child?

Sipling. She did.

Q. Did not she express a great uneasiness, for fear of lying in, in gaol?

Sipling. She did; but the justice said he would not discharge her, for she was a very bad woman, and belong'd to a very bid gang.

Prisoner's Defence.

My prosecutor said I was along with a woman who was transported about a year ago, and she was tried here for taking this money from him.

Q. to prosecutor. Did you ever give evidence on this fact before?

Prosecutor. No, never.

Prisoner. He said he was here and saw the woman here, and that she was done for already.

Prosecutor. The other woman that was with her, was committed to Newgate by somebody in the city. I hearing of such a person went to see her, and knew it to be her. She was tried here for such an offence, and after that transported for life. [See No. 235 and 268, in Mr. Jan mayoralty.]

Council. Did you declare that you would have prosecuted that woman, if she had not been convicted ?

Prosecutor. No, I did not; when I was to see her in Newgate, there was a young man with her, that had lost nine guineas and a gold watch by her, but he did not prosecute.

Prisoner. He said he went to see that woman with another man, and he would have taken her life away, and he said I was in company with her, but I never was in company with a woman in my life concerned in that way.

Q. You say you sat between these two women, did you observe that other woman; did she reach over you either before or behind you?

Prisoner. No, I did not.

Q. Did you observe either of them busy with their hands?

Prisoner. No, I can't say I saw either of them move their hands.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

83, 84. (M). Edward Allen and Edward Eagle were indicted for stealing one cock, value 5 s. the property of Alice Beaumont , widow , December 18 +

William Stone . I live at Mrs. Beaumont's at Putney ; on the 9th of December I lock'd up the fowls as usual in their roost, next to the kitchen in the dwelling house, and went to bed; about three in the morning I was awaked by a noise. I thought people were getting into the house I went into the next room to listen at the sash window I thought the more I listen'd, the more I heard them. Then I went down stairs and got my gun, which was charged the day before. I open'd the window and made a great noise, but could see no-body. I went down stairs and out at the door. Then I saw another door open which was not lock'd, belonging to a little house where I put my tools; when I suspected somebody had been in the yard. Then I went and found the door of the hen roost broke open, and the staple drawn; the hens and five ducks that where in it the over night were gone. I could trace two mens feet, the one a long, the other a lesser one, in several places.

Q. Was there a cock among the fowls?

Stone. There was a game cock lock'd up amongst them, which also was missing. I enquired about at the cockers, and desired if such was brought to a match to let me know; this cock had been in my custody about three years. About a week after this, William Phillips came to me, and said, he believed he could tell me something about the cock; we appointed to meet on the Saturday following in Covent garden market, and I was to bring Mr. Castlet with me, who gave my mistress the cock, and knew his private marks, which I did not; we met there, and then went to Newport market to the house of Mr. Randall, who shewed us the very cock. We asked him who he had him of; he said, of Edw Allen and Edw Eagle . I went and got a warrant and took the prisoners up, and carried them before justice Manley, where, they said, they bought him of a man whom they did not know. The justice committed them.

John Randall . I told the last evidence the day when I bought the cock, but I cannot write nor read, nor cannot recollect the day now, but it was within this month or five weeks.

Q. Who did you buy him of?

Randall. I bought him of the prisoner Eagle. The other prisoner was with him.

Q. What did you give for it?

Randall. I gave three shillings and a quartern of gin.

Q. What did they tell you, when they brought the cock?

Randall. They told me it was one of Mr. Swain's sort, who is coachman to the bishop that lives at Chelsea. (A live cock produced in court.) This is the same cock I believe, but one cock may be like another.

Stone. This is the same cock that was taken from our hen roost, my mistress's property.

Q. Is this the same cock you had of Mr. Randall?

Stone. It is.

James Castlet . This is the same cock that I gave to Mrs. Beaumont, I mark'd him and bred him up.

Sunderlands Wellbank. I saw the prisoners about Putney, within about a quarter of a mile of Mrs. Beaumont's house, on a Wednesday, the day before the cock was lost, which was on Thursday night, or Friday morning; they told me they were going to Wimbleton, to fetch a cock, from a walk there.

Allen's Defence.

I met this man (meaning his fellow prisoner) and asked him what he had got in his bag; he said, a cock and a hen. I asked him where he was going; he said to Mr. Randall's house, to see if he would buy the cock. I went along with him. When the people sent for me, I went without a constable to several places where they pleased.

Eagle's Defence.

I have a witness here that saw me buy the cock and pay for him. I heard there was a warrant against me for such and such things. I came to them, knowing myself not guilty. I bought the cock and a hen of men that had them in their trowsers, they came into a house where I was, and asked for a lodging, and said they came from Portsmouth.

For the Prisoners.

George Allen . On Friday night came five sailors. I sell fruit at the door where they asked for lodgings. I directed them into the house, they were entertained there. They asked if they could dress a fowl or two, and pulled them out of their trowsers. I was call'd backward and forwards, they offer'd to sell there fowls to the man of the house.

Q. Where was this?

Allen. This was at the Cock in Thieving-Lane, called Bow-street.

Q. Who did they ask to dress them?

Allen. The maid of the house.

Q. Were the fowls dead or alive?

Allen. They were alive. The maid said, she could not dress them, because the house was very much in trouble, her mistress was dying. After the prisoner found the man of the house would not buy them, he bought two fowls of them.

Q. Which prisoner?

Allen. It was Eagle.

Q. Did you know the prisoner before?

Allen. I did, by his coming backwards and forwards to the house.

Q. Were the fowls dressed afterwards?

Allen. No.

Q. What became of them?

Allen. I don't know.

Q. What colour were they?

Allen. I can't tell.

Q. Did you see them?

Allen. I Did.

Q. Do you know them, if you see them?

Allen. No. I saw this gentleman (pointing to Mr. Stone) there, he saw the skin of the cock that was dressed at the sign of the Cock, he knew it by the skin of it to be his pile cock. I smiled to think a man should know the cock by the skin of it; it was dressed with bacon.

Q. To Mr. Stone. Did you see a skin, and say it was the skin of the cock you lost?

Stone. I know nothing of any cock that was dressed there. I went there, and there was a piece of bacon and some fowl, but no-body said any such thing; and I insist upon it, it was not so.

Q. Are you sure this is the very cock that you lost, that is here?

Stone. I am positive of it, this is the very cock.

Q. To Randall. Was the cock that you bought of the prisoner, alive or dead?

Randall. It was alive.

Q. To Stone. Did you see this witness Allen in that house?

Stone. Upon my word I don't remember I ever saw him in my days before?

Q. Who was there with you?

Stone. Mr. Castlet and three others were there.

Q. To Castlet. Did you see this witness there?

Castlet. I don't remember I ever saw him there, there were no such words mention'd there, as he speaks of.

Q. To Stone. Do, or do you not believe this man was there?

Stone. I believe he was not there, if he had been there I believe I should have seen him.

Richard Tompson . The prisoner Eagle had been my bed fellow for upwards of a month before this thing happen'd, and I don't know that he lay out, except on guard days, in that time.

(Note, This evidence and Allen were soldiers.)

Q. To Wellbank. What time of the day did you meet the two prisoners?

Wellbank. It might be about two or three o'clock in the afternoon.

Q. To Tompson. Where do you lodge?

Tompson. I lodge in the barracks at Somerset house.

Q. From Eagle to Wellbank. Did you not say if we would stay till five o'clock, you would give us a cock or two of your master's?

Wellbank. No, I never said such a word, he was a fellow servant of mine at a brewhouse, and ask'd me for a pint of two-penny. I said he was quite drunk. When they said they were going for a cock, I said where is your bag. Eagle pull'd out a bag and shew'd it me; everybody that knows him, knows he is always used to do these things.

Ann Costin . There were five sailors came into our house with a cock and a hen, they would have had me dress them for supper; my mistress was dying I said, and I could not dress them; then they offered to sell them. That man bought them.

Q. What did he give for them?

A. Costin. He gave two shillings, and a full pot of beer.

Q. Where do you live?

A. Costin. I live in Thieving Lane, at the sign of the cock.

Cross Examination.

Q. What sort of poultry were they?

A. Costin. There was a brownish hen and a pied cock, as for the colour I can't tell very readily.

Q. Was it a game cock?

A. Costin. I can't tell.

Q. Can you swear to the cock, was you to see him?

A. Costin. I can't say I can.

Q. What became of the cock?

A. Costin. I really can't tell. I believe one of them was drest, I really can't tell.

Q. Was either of them killed?

A. Costin. I know the hen was kill'd.

Q. Did the soldier eat it?

A. Costin. No, he did not.

Q. Was it drest at your house?

A. Costin. No, it was not.

Q. How do you know it was killed?

A. Costin. I heard them say so the next morning before they went away.

Q. Who said so?

A. Costin. I heard the people say so.

Q. What people?

A. Costin. I can't say any thing of the hen, but as for the cock, I saw it after.

Q. Where?

A. Costin. In this gentleman's hands (meaning Mr. Stone) he said it was his.

Q. When did the prisoner buy them of the sailors?

A. Costin. On the 10th of Dec. being a Friday.

Q. Where did you see the cock afterwards?

A. Costin. At justice Manley's

Q. Are you sure you was there?

A. Costin. Yes.

Q. Was you there at the time the men were examined?

A. Costin. Yes.

Q. Did you see the cock produced there?

A. Costin. I can't say whether it was that cock or not.

Q. Did you see any cock there?

A. Costin. He said the cock was his.

Q. Was it a live cock or a dead one?

A. Costin. A dead one, upon the table.

Q. Was it a live cock that you saw at justice Manley's?

A. Costin. A live one.

Council. Then that was not the same cock you saw at your master's house?

A. Costin. I don't know.

Q. to Stone. Did you see this woman at justice Manley's house?

Stone. I don't believe she was there.

Q. to Castlet. Did you see this woman at justice Manley's?

Castlet. I dare say she was not there.

Q. Where does justice Manley live?

A. Costin. In Queen-street.

Q. What Queen-street ?

A. Costin. In Westminster.

Q. What room was the justice in, up stairs or below?

A. Costin. On a ground floor.

Q. In a back or fore room?

A. Costin. In a fore room.

Eagle. The landlord of the house was here last night, but he is in a little trouble, he was arrested last night.

Stephen Christopher . I have known Eagle about seven years. I know he did not lay out of the barracks, except he was on duty, for I call'd him over every night for above a month.

Q. to Stone. Did you enquire at the barracks after Eagle?

Stone. I did on the 19th being a Sunday. I saw a great many soldiers, serjeants and corporals. I took care to ask serjeants and corporals after him. They said he had not been there for a fortnight, and that he had thrown up his pay, and left the barracks.

Q. Was any body with you?

Stone. Mr. Castlet was.

Q. to Castlet. Was you with Mr. Stone on Sunday the 19th of December?

Castlet. I was, we enquired after Eagle, we asked every body that we thought would inform us, such as serjeants and corporals. They said he owes a trifle of money here, and has not been here for a fortnight. We were informed he went with drays about, and in general he threw up his pay.

Both Guilty .

The court committed George Allen and Ann Costin to Newgate, to be tried for perjury committed on the said trial.

[Transportation. See summary.]

85. (L.) Lydia Willis , spinster , was indicted for stealing one silver watch, value 3 l. the property of Henry Eliot , privately from his person , December 4 +

Henry Eliot . I was coming up Houndsditch , and met this woman at the bar. She and I went up a passage together. She wanted to get me into a house. She knock'd, but they would not let her in. Then we went up into the yard, and while - she pick'd my pocket of my watch. This was about half an hour after twelve o'clock at night, on the 4th of December. It was very light, so that I could see her face plainly. I came out of the alley, and she close after me. In about ten minutes after I missed my watch, so went back, to see if I could find her; but could not. This was on the Saturday night. On the Monday following I found her, and charged a constable with her. The next morning I took her before Sir Samuel Gower , and he committed her to Clerkenwell bridewell. I went to her in prison. She said, she knew where the watch was, and if I would come the day following she would help me to it, with proviso I would not appear against her. I went accordingly. Then she would not say anything to me about it.

Q. Have you got your watch again?

Eliot. No, I have not.

The prisoner had nothing to say in her defence.

Guilty of felony only .

[Transportation. See summary.]

86. (M.) Catharine wife of Malaga Linden was indicted for stealing one bill of exchange, for the payment of 20 l. being unsatisfied for, signed John Butts , for the governor and company of the Bank of England, the property of George Steward Bourne , Esq ; in the dwelling-house of Grace Jeffreys , Dec. 7 .

Joseph Groom produces the bank note.

John Butts . I am one of the cashiers at the Bank.

(He takes it in his hand and looks at the name on it.)

This is my hand writing.

Q. Is this satisfied for ?

Butts. It is not.

Goulsten Brewyer. On Tuesday the 7th of December I put this bill into the Post-Office, at the house of Mrs. Jeffreys, at Bloomsbury , at about nine o'clock at night.

Q. Whose property was it?

Brewyer. It was the property of and directed to George Steward Bourne , Esq; Odiam in Tiants, December the 7th, 1756. There is a window and a slip, to put it into a little box from out of the street. I was not in the house. It is a very narrow box, and I was afraid my letter was gone down on the ground. I asked Mrs. Jeffreys if my letter was safe, after I had drop'd it into the slip. She said, your letter is safe, and gone into the box; but I don't remember seeing the prisoner in the house. There was an elderly woman I think along with Mrs. Jeffreys. After this Mr. Bourne wrote me this letter (producing one) There is no date to it, only Odiam, Wednesday night.

Q. When did you receive it?

Brewyer. I received it on Friday the 10th of December. He acquaints me by it, that he had not received the little bank bill; but he had received 5043, which I had put into another letter myself, dated December 7, 1756, in Lombard-Street. He directed me to send them in two different letters. On Friday about three in the afternoon I went and acquainted Mrs. Jeffreys my letter was not received. The prisoner at the bar was then in the room, by the fire side I told Mrs. Jeffreys if the letter had miscarried it was owing to that office, and I'd acquaint the Post-Office with it, by reason there was something of consequence in it. Mrs. Jeffreys declared to me she put the letter into the bag her own self and sealed the bag, and shew'd me the seal that it is customary to seal with. I received several letters from the gentleman, that he never received that letter. Then I thought proper to advertise it, and before I put it in the papers I carried the advertisement to Mrs. Jeffreys and read it. There were present with her, a little woman, and the prisoner at the bar. I told Mrs. Jeffreys if I did advertise it, it might be the cause of the office being taken from her, and beg'd of her to enquire about the letter. She answered, that she'd take her oath the letter was sent.

Q. When you enquired of her, with regard to this letter going, was she positive as to this particular letter, or did she mean all the letters of that night?

Brewyer. She meant, they all went. I remember, just after I had put my letter in there was a great dog at the door, which flew at me. I call'd out, and said, people that keep such an office should keep no dogs. Somebody came out, and took the dog off, and when I mention'd this, upon my second time of going, she remembered there was such a letter brought, and put into the post.

Q. Whether, when you refresh'd her memory with that affair of the dog, she said that particular letter was put into the bag ?

Brewyer. She said the letter was put into the bag.

Q. Had you, before that time, told her the direction on that letter ?

Brewyer. No.

Q. Had she any method of knowing that your letter was put into the bag?

Brewyer. I can't say as to that particular.

George Steward Bournt . (He is shew'd the bill.) This never came to my hand.

Q. from prisoner to Mr. Brewyer. Did not you know there had been a pane of glass broke, for some time, in the window?

Brewyer. When I went on the Friday to examine about the letter, I found there was a pane of glass broke out, and a bit of pasteboard set against the place.

Q. Was it broke, in the same manner, when you put it in ?

Brewyer. I can't remember that, it was a dark night.

Q. Was there room enough for a person to put his hand in, and take a letter out of the box?

Brewyer. No.

Grace Jeffreys . I live in Hide-Street, Bloomsbury. I am employed to take in letters.

Q. How long have you been employed in that way?

G. Jeffreys. About thirteen or fourteen years; but not all the time in the house where I now live.

Q. How long have you lived in this house?

G. Jeffreys. A year and a quarter this Christmas.

Q. Do you know the prisoner at the bar?

G. Jeffreys. I do. She lodged with me about three months, or better, till December last.

Q. Do you remember Mr. Brewyer's coming with a letter on or about the 7th of December?

G. Jeffreys. On the 7th of December he brought a letter, a little before nine o'clock.

Q. What day of the month was it?

G. Jeffreys. It was on a Tuesday. There was a place to drop the letter into the box, and a letter drops in very well.

Q. Whether or not, when a person has put in a letter, if he, or any body else from the outside, could put their hand in, and take it out again?

G. Jeffreys. No, they cannot; because the hole is not big enough.

Q. Could they, if they put their hand in at the hole that is broke in the window?

G. Jeffreys. They could not indeed.

Q. Why not?

G. Jeffreys. Because I fasten'd the hole up with a pasteboard and a board.

Q. Is the box, that the letters fall in, open or lock'd?

G. Jeffreys. It is not lock'd, but it is shut down very close.

Q. Did Mr. Brewyer say any thing to you?

G. Jeffreys. He said, pray take care of it. Is it in the box? I said, yes it is in the box, and safe. It was drop'd in amongst a great many letters, so that I could not tell that letter particularly.

Q. Did you ever distinguish that letter from the rest by any writing on it?

G. Jeffreys. No, I did not.

Q. Is the box in the nature of a drawer?

G. Jeffreys. No. It is a box, a lid to it, and a hole to let the letters fall in.

Q. What sort of a room is it in?

G. Jeffreys. It is in a parlour where I lodge.

Q. Who was by at the time this letter was brought by Mr. Brewyer ?

G. Jeffreys. The prisoner and an elderly woman were. That woman was by the fire-side, and I was stamping the letters.

Q. What is the other woman's name?

G. Jeffreys. Her name is Mary Bowles .

Q. Where-abouts in the room was the prisoner?

G. Jeffreys. She was along with me at the window. Mr. Brewyer came about nine or ten minutes before nine o'clock, and the man comes for the letters exactly at nine. The prisoner help'd me, and held the bag.

Q. Where do you stamp the letters?

G. Jeffreys. I have a great broad place in the window, where I lay them down to stamp them.

Q. Did Mrs. Bowles help you at all in the stamping ?

G. Jeffreys. No.

Q. Whether or not, all the time you and the prisoner were stamping the letters, Mrs. Bowles came from the fire side towards you?

G. Jeffreys. No, she never stir'd.

Q. Do you remember Mr. Brewyer's coming afterwards to your house?

G. Jeffreys. He came again on the Friday, and said the letter never went. He asked me what was became of it. I said, Sir, to be sure it went, for I marked them all and put them into the bag.

Q. Was you by the letters all the while you and the prisoner were stamping them?

G. Jessreys. I was not gone to the fire side two minutes.

Q. Did you leave the prisoner with the letters while you went to the fire?

G. Jeffreys. Yes, I did.

Q. Whether or not, when you went from the dresser to the fire-side, the letters were then out of the box?

G. Jeffreys. They were most of them out.

Q. Upon your oath, when you gave that answer, that certainly the letter went, whether you meant that letter in particular?

G. Jeffreys. I meant all the letters in general; for I took no particular notice of that.

Q. Had he told you what was the direction?

G. Jeffreys. No, he had not.

The note read to this purport:

Bank post bill, No. 4054, London, Dec. 7. 1756,

'' I promise to pay, at seven days after sight, '' to George Steward Bourne , Esq; or order, 20 l. '' sterling for value received, John Butts , for the '' governours and company of the Bank of England. '' Indorsed December 7, 1756, by post to Odiam, Hants.''

William Blacket . I went to Mr. Wetherspoon's to be shaved, on a Sunday, about twelve o'clock, about a month ago; the prisoner was there, and she pull'd out a note.

Q. Do you know it again?

Blacket. I was at such a distance I did not see it to know it again. I remember it had a large black mark upon it.

Q. How did she say she ca me by it?

Blacket. She said she found it several times.

Q. What was the sum mention'd in it?

Blacket. It was for 20 l.

Q. Had you it in your hand?

Blacket. No, I had not.

Q. Did she say what sort of a note it was?

Blacket. I think she said a bank post bill. I went to Mr. Morgan's, a man possessed of a good deal of money, and told him a gentlewoman had found a bank post bill, and she wanted to discount it.

Q. Where does he live?

Blacket. He lives at the Golden-Hart in Parker's-Lane.

Q. Was she with you?

Blacket. She was.

Q. Did she hear what you said to Mr. Morgan?

Blacket. She did. They went backwards together, and he offered to lend her five guineas upon it, with a memorandum under her hand; but would not without. After that I was coming along Tyburn-Road and I met him.

Q. When was this?

Blacket. I don't know the day, but it was the time the men were hanged last. He told me that note was advertised. Then I went to a house, in order to read the paper; but I had forgot my spectacles, so I could not. Then I went to the prisoner, and said I understand the note is advertised, for a guinea reward; by all means return it. She said, she found it, and she could have it discounted in the Temple.

Q. Where did you find her?

Blacket. I found her at Mr. Wetherspoon's. I said, it may turn out of a dangerous consequence. She said she had hid it in a secret place, and if she died, it should die with her.

James Wetherspoon . The prisoner came to our house about three weeks before Christmas, I do not know the day of the month.

Q. What day of the week was it?

Wetherspoon. It was on a Sunday. She came to enquire after a man that work'd along with me, that brought her first to our house.

Q. Do you remember any conversation that passed?

Wetherspoon. She said, she had found a bank note, or bill, and she should be glad to get it exchanged.

Q. Who was by at the time?

Wetherspoon. There were my wife, Mr. Blacket, and Mr. Yates. Mr. Blacket told her he knew a man in the city that could do it for her, if she would allow him a little in the pound.

Q. Did you see the note?

Wetherspoon. She shew'd it to us all.

Q. For what sum was it?

Wetherspoon. I did not take notice of it, to know for what sum. I went to Mr. Morgan's with Blacket and her. There the prisoner and Mr. Morgan went into a private room together, and Mr. Blacket and I drank a tankard of beer in the tap-room. There she said she found it.

Q. Did she say where?

Wetherspoon. No.

Q. to Blacket. Did you tell the prisoner for how much in the pound you would help her to a man to pay the money?

Blacket. No, I did not.

Dorothy Wetherspoon . I am wife to the last witness. My husband is a barber. I remember the prisoner coming to our house, on a Sunday morning, to enquire after a young man that had work'd with my husband. She told us she had a bank note, and should be glad to have it discounted. She pull'd it out of her pocket, and call'd it a 20 l. bank bill, or note, I will not be positive which. I did not see it then, but when she came at night I saw it. I saw upon it 20 l. post bank bill, and Esquire to a name; but as to any other particulars I know nothing at all about them.

Q. Who was by then?

D. Wetherspoon. My husband and Mr. Blacket; they went with her, on that Sunday night, to get it exchanged. The next morning I saw her again. Mr. Blacket came and told her he saw it advertised, and he would have her take the guinea reward. She said, she would not do it.

Edward Morgan . On the 19th of December, the day before the prisoners died, Mr. Blacket, Mr. Wetherspoon, and the prisoner, came to my house, and call'd for a tankard of beer. I drew it. After they had drank it almost out they said, '' Morgan, will you change a bank note.'' I said, let me look at it.

Q. What was it for?

Morgan. I think it was for 20 l.

Q. Look at this note. (It is put into his hand.)

Morgan. I will not take my oath that this is the same; but I think this resembles it as much as any thing. The woman and I went backwards with a candle. She unpin'd it from some part of her petticoat behind. I said, I did not care to have any thing to do with it. After we came into the tap-room I said, I'll not exchange the note, but I will lend you five guineas on it till to-morrow. It being Sunday I could not go to change it. Blacket said, she is a gentlewoman, and spoke in her praise. I said, pray, Madam, how did you come by it. Sir, said she, I am loth to tell you. The gentleman, who first debanched me, made me a present of it. Then she said, will you let me have a little more. I said, I'd have no business with it. Then she offered me five shillings in the pound to exchange it. I said, I thought the premium was too much. I met Mr. Blacket the next day, and told him it was advertised.

Q. from a Juryman. Whether you would have made a difficulty of taking tat note, if it had been on a week day?

Morgan. Yes, Sir, I would.

Prisoner. Blacket was the only person that endeavoured to get it exchanged, and Wetherspoon and his wife persuaded me not to deliver it for the guinea reward. This man would have taken it, if I would have given him five guineas, and I told him it was advertised too.

Thomas Yates . The first time I saw the prisoner at the bar, was at Wetherspoon's, on a Sunday. There were Blacket, a strange man, and Mrs. Wetherspoon sitting on one side the fire, and the prisoner on the other. Bank notes came up. The prisoner said, I have got a bank note in my pocket. I turned about and said, you don't look as if you could afford to keep bank notes any more than I can. The barber look'd at it and said, it is a bank note. I looked at it and said, no, it is not; it is a bank post bill. He asked me where was the difference. I told him, one is so many days after date, and the other upon demand.

Q. What was this for?

Yates. It was for 20 l.

Q. Where did she take it from?

Yates. From out of her pocket, and out of a little leather case. As she held it up I saw an indorsement on the back of it, and on the top a bank post bill, and I saw the word Esquire and a figure of five.

Q. Look at this bag.

Yates. ( He takes a small bag in his hand.) I know it again. I was at the searching for this bill, and by the assistance of a candle I saw this bag lying in the vault, and when we took it out of the place where it was concealed, the bill was in it. This is the same bag the prisoner took it out of, when she first shew'd it me.

Q. When was this?

Yates. On the Monday. She was taken up, and on the Tuesday about six o'clock, at night, I found it. I should have told the court, that after I had got my wig on, and sat down by the fire, at the barber's, I said this is a bold question I am going to ask you: How might you come by this note ? Said she, I found it, and what I find is my own. I pick'd it up in the street in a leather case, and some other notes with it. She pull'd out of her pocket a note of hand for 6 l. 6 s. and said she was offer'd four guineas for that. Said I, then you know who it belongs to. Yes she said, so I do.

Q. Is the note here produced the same note you found?

Yates. It is the very same.

Jos. Groom. I am constable; a person told me that Wetherspoon's wife, or some person that was at his house, had offer'd a Bank note for half a crown in the pound. I really suspected it to be one of the notes taken when the male was rob'd. I went to justice Welch, and got a warrant and took up Mrs. Wetherspoon, and she told me that the woman that had the note was at her house. Yates and I went there and found the prisoner and Blacket there together. In searching, Mr. Yates got upon the seat in the necessary house, and put his hand into a hole, and said, here is the bag that the note was in; when he delivered it I found the bill in it. This is the same bag and the same bill that are here produced. I have had them in my custody ever since.

Prisoner's Defence.

I never saw this man in my life before he came and took me out of Mrs. Wetherspoon's house. That night that the letter was put into the post, as I was going out at our door a little after nine o'clock, a man had a letter in his hand; he said, here is a letter Mrs. and put it into my hand. I had it in my pocket two or three days and then I open'd it, and found this bill in it. I can neither write nor read, and I did not know what it was till I ask'd these people. The pane of the window had been broke two months before Mr. Brewyer came with the letter.

Guilty of stealing, but not in the dwelling house .

[Transportation. See summary.]

87. (L.) Charles Butler was indicted for feloniously attempting the escape of George Jeffreys and Thomas Hardy , prisoners in Newgate for a felony committed by them at Peterborough, by conveying to them pistols, saws, and other instruments, in the said prison , Jan. 5 . ++

Mr. Akerman. I am keeper of his majesty's gaol of Newgate.

Q. Do you know Mr. Fielding's hand writing?

Mr. Akerman. I do, I receive commitments from him almost every day; he is so unfortunate as to be blind, but he always makes such a scribble as the name on this commitment.

It is read to this purport:

'' Middlesex, to wit To the keeper of his '' majesty's gaol of Newgate, or his deputy. Receive '' into your custody the bodies of George '' Jeffreys and Thomas Hardy , brought before '' me, &c. charg'd upon oath by Rd Trice, Esq; '' for having enter'd the dwelling house of the '' said Richard, and stealing from thence 140 l. '' in money, and a diamond ring, and them safely '' keep in your custody, till they be discharged by '' due course of law, &c. sign'd John Fielding .''

The Warrant of detainer read to this purport:

'' To the keeper of his majesty's gaol of Newgate, '' or his deputy. Middlesex, to wit. Detain '' in your custody the bodies of George Jeffreys '' and Tho. Hardy, for feloniously and burglariously '' breaking and entering the dwelling '' house of Rd Trice , Esq; of Peterborough, and '' them safely keep in your custody, &c.''

Mr. Akerman. I can only lead the court into the method how this escape came to be found out. On Thursday was 7 night in the morning early I took Jeffreys and Hardy out of the gaol, in order to carry them to the gaol at Peterborough. Upon my servants searching them, as we always do before we take them out upon these expeditions, they found their irons to be saw'd about half off, and they brought them to me. After I had well secur'd them, I went on with them, and gave strict orders to Freeborn my servant, to search after the instruments with which they had been sawing their irons, being certain they had some instruments some where: there came a letter to me the same day I got to Peterborough, which inform'd me he had found two brace of pistols, but I need not take up the time of the court, for he must repeat the farther account himself.

Wm Freeborn . I am one of the turnkeys of Newgate. Mr. Akerman gave me strict orders, when he went with the two prisoners to Peterborough, to search their irons. I did so, and found a bazel upon each leg cut almost in two. I took and shewed them to my master who ordered me to go up and search for the saws with which they were saw'd. I went up into the ward where the prisoners had lain; there was Baythorn, a person under sentence of death. I said to him, Baythorn, I suppose I shall find your irons cut as the others have been. I look'd and found his had been touched. I said, I shall make an example of you if you don't tell where the instruments are that cut them; he went to the barrack and jump'd upon a box, and there were the pistols; he was going to take them out; I said I could take them out myself. Then I saw him open his box, and I saw two brace of pistols; the brace of horse pistols were loaded, the pocket ones were not.

Q. What were they loaded with?

Freeborn. They had twenty-one balls in them both. I ask'd him how he came by them, at first he said he knew nothing of them. I found three watch spring saws in frames, and some powder in a paper. I know no farther how they came there than what Baythorn told me. I know the prisoner at the bar used frequently to come to Jeffreys and Hardy.

Prisoner. I came three or four times.

Q. Was he acquainted with Baythorn?

Freeborn. I believe he was, because Baythorn had been in that room with them since he was respited. We had a suspicion of but two people whom we took, which were the prisoner and Hardy the evidence. Baythorn told us that the evidence brought the pistols.

Thomas Hardy . On Wednesday the 9th of Jan. I had some business on board the Hunter Tender, where I saw one Martin, who desired me to go to Jeffreys and Hardy then in Newgate, and deliver them a message, to this effect. '' That he being '' press'd on board the Tender could not do that '' favour for them, but that I could do it as '' well.'' I went to them in Newgate, and in the lodge there they sat, and Baythorn along with them, drinking red wine together. I pull'd off my hat, and expressed my sorrow at seeing them in that place. I deliver'd my message.

Q. Did you know them before?

Hardy. I knew Jeffreys and Hardy before. I belong to lieutenant Watson, and I pressed Jeffreys. I did not know Hardy till I saw him at the Privateer's rendezvous. I desired to know what business I could do for them. Jeffreys put me off from time to time, and after that he desired me to go up stairs and drink a glass of wine; in the mean time came in Butler the prisoner and another man; then we all went up stairs together. When we came there Jeffreys ask'd me whether I would aid him to make his escape out of Newgate. I replied, I thought it impossible for him to make his escape, and desired him to submit to mercy and make his peace. He pointed to a window in the room where we were sitting, which I think they call the tap, and said, Jack Shepherd made his escape out there, and why should not I make mine as well as he.

Q. to Freeborn. What room is that he speaks of?

Freeborn. It is a room above stairs in the inside the gaol.

Hardy. I still seem'd indifferent, and he call'd to Hardy. Said he, take your namesake up stairs and make a christian of him. When we came up stairs into a place called the master's side, Hardy sat himself down on the barrack, and said to me has Jeffreys told you the affair. I said he has been speaking of it; but I don't think there is any probability of it; have you seen my jacket said he, I said, no; said he, I'll give it you if you will have it, I have as many as will serve my life time; he went to the side of a deal box and pull'd out a key and open'd it, and took out a handful of swan shot; he let one drop to the ground, and to excuse it, he said, have you had any sport; you should not bring such things here, you are likely to be stop'd for it; at the same time he open'd his box, and put his hand upon one of the pistols. I saw two there, he handled them both.

Q. Was Butler present?

Hardy, No, he was then below drinking with Jeffreys; he said, how do you like my jacket. I was very much shock'd then, for I imagined a man that could father the dropping of the shot upon me, could very well shoot me through the head. He said, will you come for my jacket in the morning. I replied, yes, I'll come betwixt nine and ten, but I had no intention to go. I understood it was to assist him in his escape. This was to get me to the box to see the pistols. I wanted to go down stairs, to inform somebody in the gaol of what I had seen. I went down and saw Baythorn; seeing nothing upon him, I thought he was not one of the prisoners. I said, are you one of the gaol. He said, are you in the scheme. Then I walk'd towards Jeffreys, and said, I'll be sure to deliver this message for you; he said, bring me an answer between nine and ten; he took hold of the cuff of my coat, and said I should not go yet.

Q. Where was Butler then?

Hardy. He was then with Jeffreys. I said to Jeffreys, I had particular business, an d if I did not go then, I could not come in the morning. He said, sit down. We sat there about half an hour, during which time Jeffreys, Hardy, Baythorn, the prisoner, and Jeffreys's wife seem'd to be in discourse together. When they thought it was time to go, they all got up from their seats. We walked to the door, and Jeffreys's wife had me by the arm. We went out. The prisoner went either before or behind me, I don't know which. I observed one before, and the other behind me. I thought they had some suspicion of my having an intent to discover the affair.

Q. How many of you came out then?

Hardy. The prisoner, Jeffreys's wife, another man and I. When we were out of the gaol, Butler said to me, '' will you be sure to come, and '' bring a brace along with you.'' Whether he said pistols or not, I can't say. Said I, suppose I should be stop'd in conveying them in? Said he, '' You may easily hide them under your great '' coat, for I carried the pops in.'' I think he made use of those words.

Q. What did you apprehend by the word pops ?

Hardy. I apprehend that he meant the pistols which I had seen there.

Mr. Akerman. It is a common word for pistols, amongst those sort of people.

Hardy. He seeing me indifferent, told me it was a deep laid scheme, and would certainly do. He pointed towards Holbourn, and said, he'd there have a coach to convey them to the waterside, or among the sailors, where it would be impossible to find them out. They seemed to stand under Newgate till they saw me part of my way to the Fleet-Market.

Q. What time did you go away?

Hardy. I apprehend we might go away about six o'clock. The lamps were all lighted up.

Q. Did you go to them after this?

Hardy. No, I never did. I was taken up the next day on suspicion with a warrant. I gave the same account before Mr. Fielding as I do here now, and sign'd my information before him.

Prisoner. I saw that evidence in the room with Jeffreys and Hardy, both above and below; but I never spoke to him concerning a coach, or concerning the prisoner.

Q. Do you know any thing about the saws?

Hardy. No, I do not.

Ann Jeffreys is call'd.

Mr. Akerman. This is Jeffreys's wife that is gone to Peterborough. He has another there.

Q. to Hardy. Is this the same woman you saw in Newgate at the time you speak of?

Hardy. It is.

Ann Jeffreys . I know Hardy and Jeffreys both sold some cloaths, and gave the money to this Butler to go and buy pistols, and I saw him deliver the pistols to them.

Q. Can you tell what money he gave them?

A. Jeffreys. No, I cannot tell rightly; because Butler sold Jeffreys's buckles for him.

Q. Do you know of any instruments being brought to Newgate?

A. Jeffreys. Butler brought in a watch spring, delivered it to Jeffreys, and Jeffreys shew'd it to Hardy.

Q. Look at these saws here produced.

A. Jeffreys. I saw but one of them there. He brought a watch spring in, in order to have saws made of it, as he said.

Q. Did you see any pistols?

A. Jeffreys. The prisoner brought in but one pair of pistols first.

Q. Look at these four pistols. (A brace of horse pistols, and a brace for the pocket.)

A. Jeffreys. He brought in the two little ones first.

Q. Who did he give them to?

A. Jeffreys. To Jeffreys.

Q. Do you know for what purpose?

A. Jeffreys. To make their escape. This they said all to one another.

Q. Who brought in the large pistols?

A. Jeffreys. Butler brought them in also. I saw them there.

Prisoner's Defence.

About last Michaelmas I came from Ireland. When I came to Liverpool there were Jeffreys and his wife, the woman that gave evidence last. We came to London in company together, and then we parted company. In a short time after that I saw him. He told me he had a place on board the Blakeney privateer, which was a lieutenancy. In a short time after that I saw his spouse. We spake together. After that I saw the papers, which mentioned two men being in Newgate, for robbery and felony. A friend of mine told me they were the same men that came with me from Ireland. Upon enquiring I found they were the same men. Mistress Jeffreys having heard where I was enquired for me, and told me Mr. Jeffreys would be glad to see me, so I came to Newgate to see him. I had been there three or four times, and from what I saw I believe they have conspired against me. From the time I came to London I work'd for one Mr. Rowland, a velvet weaver. Here is one of his men to give me a character.

To his Character.

John Caister . I have known the prisoner about two months I believe, I can't justly say as to the time.

Q. What has been his general character ?

Caister. He has borne a very good character since he work'd for my master, who is a velvet weaver.

Q. Where does your master live?

Caister. His name is Rowland. He lives in Elder Street, Spital-fields. He was very well recommended to us, for an honest sober man.

Patrick Doyle . I have known him ever since he was a child.

Q. What countryman is he?

Doyle. He is an Irishman. He served his time to me.

Q. How long have you been in England ?

Doyle. Near three years.

Q. Have you known him here in England ?

Doyle. I have, ever since he came here.

Q. What is his general character?

Doyle. An excellent one. I never heard the value of a pennyworth of dishonesty by him in my life, upon the virtue of my oath.

Guilty .

[Transportation. See summary.]

88. (L.) William Barnard was indicted for stealing four loaves of bread, value 2 s. the property of John Willey , Jan. 11 . ++

John Willey . I am a baker , and live in Cloth-Fair. I can only say the bread was mine. I was present on the prisoner's examination, but he did not own it.

George Lisle . I am servant to the prosecutor, and I pitch'd my basket in the street.

Q. What street ?

Lisle. I don't know the name of the street. I am a stranger in London. There were in the basket seven quartern loaves, one half peck, and one threepenny loaf. I had taken one quartern loaf out of the basket, to go and serve a customer, and when I was coming back to my basket I saw the prisoner taking bread out of it. He went away with it, and I went after him.

Q. What bread had he got?

Lisle. He had got four loaves of bread upon him.

Q. What loaves ?

Lisle. Quartern loaves. I brought him back.

Q. Who did the loaves belong to?

Lisle. They belong'd to my master the prosecutor. The prisoner talked a great deal to me, and would said have had me gone over to a publick house, to drink with him.

Q. What did you do with the loaves ?

Lisle. He threw them into the backet. I was not willing to go, but he drag'd me into the alehouse by force; where he told me he had been a master baker some time ago. He wanted me to excuse him, and let him go, and he would give me money.

Q. What were the words he made use of?

Lisle. He did not mention what he would give me money for, but I look'd upon it, it was to excuse him. When he found I would not excuse him he began to quarrel with me, and struck me in the face. The people turned us both out of the house. When he came into the street he made his way from me. I called out to people to hold him, and a man took hold of him, and held him by the coat till I came. Then I held him, and sent for a constable.

Prosecutor. The thing was done in Monkwell-Street.

Prisoner's Defence.

I went out about ten in the morning to come to Dr. Ward, having an ulcer in my bladder. I I got there about a quarter after ten, and found three old women at the door. They said he would not be there till about twelve. I had a little boy along with me, so I thought I would go and shew him St. Paul's. Going along Cheapside I met an acquaintance, named John Nichols . He asked me to drink. He took me to a house and gave me a pint of purl. It was the same alehouse where the witness and I were. He said to me, you say you are a going to St. Paul's, will you take three or four loaves with you for me to Temple-Bar, and said he'd bring some rolls on the morrow morning for breakfast. I went and took the loaves. Presently came the young man, and said they were his. I was affrighted out of my wits. Then he and I went to the alehouse together, and the gentleman told him I had been at that house before along with a young man.

Q. to Lisle. Do you know any thing of the prisoner having been there, as he says?

Lisle. I know nothing of his being there with any body. The people of the house said he came in there, and asked if the baker was there that belong'd to the basket in the street. My basket was just by.

Prisoner. I did not ask that Nichols where he lived. I have sent many people after him.

Lisle. He had a boy walking along with him, whom he called his son, that had go, a half peck and two quartern one from out of my basket.

For the Prisoner.

Mary Hewps . I have known the prisoner a great many years. He is a baker.

Q. How many years have you known him?

M. Hewps. Above ten years.

Q. What is his general character?

M. Hewps. I never heard any thing amiss of him in my life.

Q. Does he keep a shop now?

M. Hewps No, he does not.

Q. Did he ever?

M. Hewps. He did live in Redcross Street, in the Park, on the other side of the water, in Castle-Street.

Q. How long is that ago?

M. Hewps. I believe it is above seven years ago since he left off business.

Q. What has he been since?

M. Hewps. A journeyman.

Mr. Baker. I knew him about ten years ago, but I have not seen him lately. He kept a baker's shop in Castle-Street, in the Park, Southwark. He was of pretty good reputation then. He has been a journeyman baker since, but after he left the baker's shop he kept a publick house.

Guilty 10 d.

[Whipping. See summary.]

89. (M.) Hannah wife of Thomas Grissle was indicted for stealing three linen shifts, value 4 s. one linen handkerchief, value 2 d. one linen apron, value 2 d. one linen tablecloth, value 2 d. the goods of Mary Morris , spinster , Jan. 11 . +

Mary Morris . On Tuesday night the prisoner came down into my apartment, and desired me to let her have a quart of small beer. She carried my candle up into her room, and I went up for it.

Q. Do you both live in one house?

M. Morris. She has the first floor, and I live upon the ground floor. I left the key of my cellar upon her table, by the fire-side, and went to bed. In the morning I went into her room, and asked her for my key. She said you left no key here. I said, I left it upon your table. I went into my own apartment, and look'd about for it; not finding it, I went up to her again, and she denied it still. My shifts, and the other things mentioned, were carried down into the cellar over night, in order to be washed; but they were all gone the next morning.

Q. Was the cellar door lock'd afterwards?

M. Morris. It was.

Q. Did you find it lock'd the next morning?

M. Morris. I did.

Q. When did you see your things last?

M. Morris. I saw them over night, about eight o'clock, and the cellar door fast.

Q. Did you ever see your things again?

M. Morris. Yes, I have. They are here in court. ( The goods mentioned in the indictment produced in court.)

Mrs. Ransey. These three shifts, handkerchief, apron, and tablecloth, I received from the prisoner at the bar last Wednesday.

Q. to prosecutrix. Look at these things, do you know them?

Prosecutrix. These are my property. The same I lost that night. I lost more things than these.

Prisoner's Defence.

I never carried any such things to pawn. Mr. Silver Crispin, one of the jury, knows me, and if he pleases can give me a character.

Silver Crispin. I desired her not to call upon me. Her husband works for me, and he is a very honest man, and I believe he would be very glad to have her sent into another country.

Guilty .

[Transportation. See summary.]

90. (M.) Barnaby Gornly was indicted for stealing 40 pounds weight of pig-iron, value 3 s. the property of certain persons, to the jury unknown, Nov. 5 . +

Samuel Wood . I have the care of a place call'd Iron-gate Wharf. On Wednesday was se'nnight I was acquainted by one of the clerks under me, that some people were going to duck a man in the river for stealing some iron. I sent word for them to desist from it, and said, I'd follow as fast as I could. When I came there, I saw the prisoner, with a rope about him, by the water-side up on his knees. I told him he need not be under any apprehension of being duck'd, and desired him to walk into the counting-house with me; where I asked him how he came by that iron, that he was going to be duck'd for Mr. Gardner, who is here to give evidence, told me he had seen the prisoner going along the street with some iron upon him, and detected him with it, thinking it to have been stolen, and he brought him back. I asked the prisoner where he got it. He without any hesitation said he found it upon the ground, just within the gate. I have been a great sufferer that way. I asked him if he had ever done so before. He said, no, never before that morning, and then he had taken a piece. I asked him where he had sold it. He agreed to go with me, and shew me the house where he had sold it. I went with him, and according to the description which he had given me of it, I saw it lying by the scale, and the weight in the scale that weighed it. I enquired the name of the master of the house, under a frivolous pretence; for my intent was to prosecute the receiver as well as the thief. When I had got the name, I took no notice then, but went and got a warrant to search the house. Then the constable, Mr. Gardner, and I went there. They staid at a distance till I went into the house, and as soon as I got sight of the man of the house I called them to me. Then I told the man my business was to know how he got that iron. He said he bought it of that man that was coming along (which was the prisoner.) I took them both to justice Rickards. He committed the prisoner, and made the other an evidence in the prosecution.

Q. Do you know who the iron belongs to?

Wood. I know it belongs to the wharf. It has a stamp upon it, which it receives in the mould when cast. These are small pieces, and therefore are wanting in that mark of distinction; but I am very certain it is iron belonging to those gentlemen who have property belonging to the wharf. The price which he had sold that for was not above one fifth of the real value of it. The man gave but a farthing a pound for it, and it is worth 7 l. 10 s. per ton, if we buy a ton together.

Q. How do you know that was the price the prisoner sold it for ?

Wood. The prisoner acknowledged to me he gave no more. I have charged it in the indictment but at the rate of a penny per pound, supposing there are about forty pounds weight of it; but I dare say there was a great deal more of it.

Christopher Gardner . I was at the barber's last Wednesday was se'n-night, and sat full facing the window. I apprehended I saw the prisoner, in the morning, with some iron; but then I saw him with a rope tied round him, like a belt, and a wrapper in it, in order to wrap something up, and something he had got in it that seem'd very heavy. As he was going by the window he shifted it like. I said to the barber, be quick, I'll follow that fellow, I imagine he has got something from off the wharf. I followed him to St. Catharine's-Lane into East-Smithfield. I observed a great piece of pig iron stick out of his pocket as I walked behind him, that almost weigh'd him down on one side, and another piece in his wrapper. It being heavy he shifted it now and then. I stop'd him He beg'd for God's sake I would let him go, and said he'd down on his knees and ask my pardon. I carried him and the iron down to the wharf, and gave the clerks charge of him. I said to the prisoner, did not I see you go by once before to day. He said, yes, he had gone by that day once before.

Charles Culman . Last Wednesday was se'n-night a girl, that was servant to me, bought this piece of iron of the prisoner. She told me there were four pounds of it. I sent him a penny for it. (The iron produced in court.)

Q. Did you know the prisoner before?

Culman. I never saw him before that time.

Q. Is that the usual price for such iron?

Culman. When we sell it to people again we sell it for 3 s. 6 d. per hundred weight. Mr. Wood came and asked me where my landlord lived, his name, what I rented, my name, and how I spelt it. I told him. Then he went away and came again with an officer with him, who told me he had a warrant against me, for buying stolen goods. There lay this piece of iron by the scale. They had the prisoner along with them, who said he sold it me; but my girl bought it of him. I did see the man, and that is all.

Mary Crane . I am servant to Mr. Culman, he and my mistress were both at dinner, when the prisoner brought this piece of iron (taking it in her hand) to sell, and I weigh'd it.

Q. What did it weigh?

M. Crane. It weigh'd four pounds. I went and told my master what it weigh'd; he gave me a penny to pay the prisoner for it, and I gave it him.

Prisoner's Defence.

A man saw that iron lying, and seeing me to be a poor man, he said to me, that will make you a penny; if you carry it to a house where they sell, rags, they will buy it. I carried it, and got a penny for it. I got but one penny in all.

Guilty .

[Transportation. See summary.]

91. (M.) Margaret Vernon was indicted for stealing one linen shift, value 9 d. four linen caps, and one pair of leather breeches , the goods of Elizabeth Terry .

Elizabeth Terry . Last Christmas week I went out to scowering. The prisoner was my bedfellow. I left her at home, and lay all night where I went to work. When I came home, I ask'd where my shift, &c. was; she said, they are not out of the house.

Q. Where were your things, when you went out?

E. Terry. I left them all in the house. I said I wanted to put my shift on; she said, don't be in a hurry, you shall have your things; on the Sunday she went out and did not come home. I found her in Holbourn on the Saturday morning after, and charged her with taking my things, which are mention'd in the indictment. She said I should have them again; but when I took her before the justice, she denied knowing any thing of them.

Q. Did she own she took the things?

E. Terry. She own'd to taking nothing but my shift, and said she had pawned it.

Q. Did she tell you where?

E. Terry. No, she did not.

John Anderson . I heard the prisoner deny stealing the prosecutor's shift, but she own'd she knew the shift was pawned.

Q. Where did she own this?

Anderson. This she own'd in the constable's house.

Prisoner's Defence.

I know nothing of her smock. She came home and made a great noise and a great to do about her smock. I told her I knew nothing of her smock, not I. I know no more of it, than anybody here.

Acquitted .

William Hart , capitally convicted in July Sessions; James Prosser , Thomas Ridout , David Davis and George Langley , in September Sessions; William Higgins and John Hughes in October Sessions, and William Pallister in December Sessions, all received His Majesty's most gracious Pardon, on condition of being each transported during the term of their natural lives

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

Transported for seven Years 28.

Mary Griffice , John Forster , Susanna Williams, Elizabeth Knotmill , Jane Carrol , Elizabeth Cox , James Savage , William King , Lydia Willis , Charles Butler, Mary Griffin , Elizabeth Stevenson , Lawrence Brian , Elizabeth Eaton , William Harris , Elizabeth Pressman , Mary Bennet , Mary Philips , Ann Hilliard , Sarah Gray , Walter Bloxton , Martha Perry , Mary Lawrence , Edward Allen , Edward Eagle , Catherine Lindon , Hannah Grissle , and Barnaby Gornby .

To be whipped 2.

Wm. Barnard and Ann Long ; the first to be publickly whip'd in Cloth-Fair.

William Hart , capitally convicted in July Sessions; James Prosser , Thomas Ridout , David Davis and George Langley , in September Sessions; William Higgins and John Hughes in October Sessions, and William Pallister in December Sessions, all received His Majesty's most gracious Pardon, on condition of being each transported during the term of their natural lives

.

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