Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 24 July 2014), May 1757 (17570526).

Old Bailey Proceedings, 26th May 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 Thursday the 26th, and Friday the 27th of MAY.

In the Thirtieth Year of His MAJESTY'S Reign. NUMBER V. for the YEAR 1757. Being the Fifth 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, and Oyer and Terminer, for the City of LONDON, and at the General Sessions of Gaol Delivery of Newgate, holden for the said City of LONDON, and County of MIDDLESEX, at Justice-Hall in the Old-Bailey, &c.

BEFORE the Right Honourable MARSHE DICKINSON, Esq; Lord Mayor of the said City; Sir Michael Foster , Knt. one of the Justices of the Court of King's Bench; Sir William Moreton , Knt. Recorder; and others his Majesty's Justices of Gaol Delivery for the said City and County.

London Jury.

William Walker

William Meadows

John Haynes

Roger Pemberton

George Dixon

John Rogers

Thomas Bruin

William Heard

James Roberts

Nathaniel Tidd

Thomas Harris

George Field

Middlesex Jury.

Richard Smith

John Ballard

James Wyld

John Channan

Collin Dolinson

John Briscall

George Bickham

John Grant

Robert Timbrell

Thomas Devenish

Thomas Adams

John Smith

213. Margaret Chalmers , spinster , was indicted for stealing one silver gilt snuff-box with an enamel'd picture, value 5 l. one gold case to a watch, value 5 l. one crystal buckle, one piece of silk embroider'd with silver, one silk sack and apron, the goods of Henry Wilmot , Esq ; one velvet coat, and one pair of velvet breeches , the goods of Valentine Morris , Esq ; March 12 .

To which she pleaded Guilty .

[Transportation. See summary.]

214. (L.) Mark Ward was indicted for stealing three quarters of a pound of green tea, one tin cannister, three ounces of cloves, and four ounces of nutmegs, the value of the whole, 12 s. being the goods of Francis Morley , May 18 .

Francis Morley . I am a grocer , and live in Cheapside ; the prisoner was my journeyman . On the 18th of this instant May, out of thirteen shillings in half-pence I missed ten pence halfpenny, and upon my making inquiry I perceived the prisoner to change countenance. About an hour afterwards the ten pence halfpenny missing was laid upon a cannister between my shop door and the stairs, which (as I had lost money before) made it reasonable to think some of my servants must have taken it and laid it there; and my other servants much wanting to know who put it there, I thought it prudent to search their boxes, to see who was the dishonest person, to which they all readily agreed. In searching the prisoner's box I found a tin cannister with little more than half a pound of fine tea, and in a lead wrap'd up a little more than a quarter of a pound of tea of about ten shillings per pound, a quarter of a pound tin cannister near full of cloves, and about six or seven ounces of nutmegs. I told the prisoner that as for the fine tea and spices I could not swear to them, but that which was done up in lead was taken out of such a cannister in the shop, which was sold for ten shillings per pound.

Q. How long had he lived with you?

Morley. He had lived with me three or four months; he at first denied it, but at last said he had received seven shillings, which was sent him from Yorkshire to buy tea to send thither, that he kept the money, and took my tea.

Q. Did you charge him with taking the whole you have mention'd?

Morley. No. I only charged him with taking that which was done up in lead, because I could match that, and believed it to be mine.

Q. Did he confess the whole, or only that done up in lead?

Morley. He confessed all the tea to be mine; at first he said he bought them and could tell where but did not.

Q. Did he own the cloves and nutmegs to be your's ?

Morley. No, he did not.

Cross Examination.

Q. How can you be sure the tea was your's, when one quantity of tea may be like another?

Morley. I did not swear to that; but only charged him with taking it from out of my cannister.

Q. What was his answer to that charge?

Morley. He at last said it was my tea.

Q. Do you now swear to that tea?

Morley. I don't positively swear to any thing.

Q. What was he to have per year?

Morley. He was to have 16 l. per year.

Q. Had you a good character with him?

Morley. I had.

William Haverne . I live with Mr. Morley as a journeyman. Upon master's missing ten pence halfpenny, he suspected the apprentice, and talk'd to him about it. A little after that master said, it must be betwixt you four.

Q. What did he mean by it must be?

Haverne. He meant, by laying the halfpence where they were found again. He insisted upon searching our boxes, so I desired him to search mine first. While he was searching the boxes the prisoner said something, but what I can't say; but master's answer was, he would search his box.

Q. Was the prisoner unwilling to have his box search'd ?

Haverne. He was unwilling. Master searched one of the prisoner's boxes and found nothing there; then he searched the other, and I saw a half pint cannister taken out, with tea in it, and after that a piece of lead with tea in it. Master open'd the lead and named the cannister in the shop where it was taken from. The prisoner did not deny it, and when we came down into the compting-house, there the prisoner own'd it was my master's tea. (The goods mention'd produced in court.)

Q. Which of these parcels did he own was your master's?

Haverne. This. ( Taking that parcel in his hand, which was wrap'd up in a piece of lead.)

Q. Did you hear him confess the other tea to be your master's?

Haverne. I was not there then. (He takes a cannister in his hand, in which were the cloves. ) I told him this was master's cannister; then he confessed the cloves were my master's.

Q. What is the weight of the cloves?

Haverne. Here is upwards of three ounces of them.

Q. Did he own taking of the nutmegs?

Haverne. No, he did not.

Q. Was you before the alderman when the prisoner was there?

Haverne. I was; there he bent down his knee, in order to ask my master's pardon, and own'd he took the teas. After we were sworn the alderman ask'd him again, and then he denied it.

Cross Examination.

Q. Who was the alderman?

Haverne. It was Sir Charles Asgill .

Prisoner's Defence.

I bought all these things. I bought a quarter of a pound of tea at Mr. alderman Blackiston's in the Strand, the half pound at Mr. Stall's in Lombard-Street, and the cloves in the Hay-Market.

To his Character.

William Ward . I have known the prisoner ever since he was a child. I never knew any thing of him but what was honest.

Mr. Burton. I have known him about two years, or a little better.

Q. What is his general character?

Burton. It is a very good one. I was the person that sent for him out of the country, knowing his family; I hired him for a year, and he serv'd me, during that time, justly and honestly, and had a good deal under his care. He was with me six weeks after his year was up, till he could get a place. I would have hired him again, but he thought he could get more wages, which he did.

Mr. Scott. I have known him three years, which is the time he has been in London only.

Q. What is his general character?

Scott. I never heard any thing ill of his character.

John Ward . I have known him from a child.

Q. What is his general character?

Ward. He has a very good character, that of a very honest man.

Guilty .

[Branding. See summary.]

215. (M.) Ann Woollen , spinster , was indicted for stealing three sattin hats, value 10 s. the goods of Peter Marshal , March 8 .

Elizabeth Marshal . My husband's name is Peter. About the 8th or 9th of March last the prisoner came to my shop, and desired I would send some hats to her mistress. I ask'd her who her mistress was; she did not tell me her name, but said I might send a servant with them, which I did.

Q. What is that servant's name?

E. Marshal. Her name is Ann Cox . She returned and said the person had cheated her out of them, and got away. We went into that neighbourhood and inquired if there was such a person, describing her, and some people took her some time after and sent for us. We went and took her before justice St. Lawrance, where we charg'd her with taking the hats; she own'd she did take and pawn them at three different pawnbrokers, and by her direction we went and found them, here they be (producing them.)

Q. Where is your husband?

E. Marshal. He is extremely ill, and cannot attend the court.

Ann Cox . When the prisoner came for some hats to shew her mistress, Mrs. Marshal sent me with them along with her. When we came to the door the prisoner ask'd me for the hats, and said she'd go and shew them to her mistress. I let her have them. She went up stairs and came down again, and desired I'd walk up one pair of stairs, and she would go and get a light. I went up.

Q. What time was this?

Ann Cox . This was between seven and eight o'clock at night; when I went up stairs I ask'd if such a person had brought any hats there. The people told me no such a person liv'd there, and the prisoner did not return with a light. Then I went and told my mistress how I had been served.

Prisoner's Defence.

I did not carry these hats to pawn myself, one Mrs. Marshal took them from me, and carry'd them to pawn, and pawn'd them in my name.

Guilty .

[Transportation. See summary.]

216. (M.) Peter Burk was indicted, for that James Duboly , William Simpson , Thomas Pass , and William Rush , did deliver to have made up four yards and three quarters of red cloth, cut for two coats, value 22 s. and eighteen yards of paduasoy, value 18 s. the goods of the aforesaid persons, for their use, and that after that he did withdraw himself from their service, with the goods mentioned, with intent to defraud the proprietors , March 22 .

The prisoner not being a servant within the limits of the act of parliament, he was acquitted .

217. (M.) John Brown was indicted for that he on the 14th of May , about the hour of twelve in the night of the same day, the dwelling house of Robert Wilson feloniously did break and enter, one silver pint mug, value 3 l. two silver salts, value 14 s. one silver castor, value 5 s. seven silver tea spoons, value 7 s. one pair of silver tea tongs, value 3 s. two flat irons, value 2 s. five linen shifts, value 2 s. two ells of linen cloth, value 4 s. one pair of muslin ruffles, value 3 s. two razors, value 2 s. two penknives, value 2 s. two pair of scissars, value 1 s. one pair of nail-knippers, value 6 d. and twenty pound weight of bacon, the goods of the said Robert, in the dwelling house, did steal, &c.

Robert Wilson . On Saturday was se'n-night I lay from home. In the morning my maid came to me, and told me something extraordinary had happened. I went home and found a ladder standing up against a window. I went in and found a desk broke open, and a cupboard where my plate used to be kept.

Q. What time did you come home?

Wilson. I came home about six in the morning.

Q. Did you find any part of your house broke?

Wilson. The window where the ladder stood was broke; there was a spout fix'd at the upper part of the window in such a manner that the casement would not open without breaking, the iron frame of the casement was bent, and the lock of the desk had the catch broke off.

Q. What did you miss out of the desk?

Wilson. I missed from thence two razors, a penknife, and a pair of knippers.

Q. What did you miss out of the cupboard?

Wilson. I missed a silver pint mug, two silver salts, six tea spoons, a castor, a pair of silver tea tongs (produced) these are my property. There were missing from other parts of the house a piece of bacon, about half a cheese, two flat irons, and some linen, but I don't pretend to know them. I leave them to my maid to speak to.

Q. What reason have you to charge the prisoner?

Wilson. I suspected him, and took him up on the Sunday, but not finding any thing material I sat him at liberty; he kept on working for me till the Thursday following, when I charg'd him again; upon talking to him a little, he took me into the fields to near Marybone workhouse, where he went upon a hay rick, and from thence roll'd me down all my plate and the other things in a sack. I took him and them home, and from thence to the justice.

Q. Did you make him any promise of forgiveness on condition he would tell you of your goods?

Wilson. I told him if he would let me know where my things were, I would do my endeavour to be as favourable as possible, after he had said, Provided I would give him a note that he should come to no damage, he would help me to my things again. The silver mug was squeez ed quite flat then, but it has been put to rights since.

Q. What did he say for himself before the justice of peace?

Wilson. There he was quite sulky and angry, and said but little.

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

Wilson. About seven or eight weeks, he was a weekly servant.

Emey Barker. I am servant to Mr. Wilson. On Saturday was se'n-night at night I was the only person that lay in my master's house.

Q. Was all made fast over night?

E. Barker. Knowing my master was not to be at home, I took more care than usual. I bar'd the windows, lock'd the doors fast, and made all safe, and went to bed at about eight o'clock.

Q. Did you hear any noise or disturbance in the night?

E. Barker. No, I did not,

Q. What time did you get up?

E. Barker. I got up betwixt five and six, I observed it was very light. I look'd out and saw the window open, and a ladder against it.

Q. Was the ladder against the window of your bed chamber ?

E. Barker. No, that was against a chamber window that we make a kitchen of. I ran immediately to the cupboard to see if the plate was there, and took the key out of my pocket to open it, but found it was open and the lock broke; then I ran immediately to my master's lodgings and call'd him up, and told him. (The linen produced.) These are all my master's property.

Q. Where was the linen taken from?

E. Barker. From out of the cupboard where the plate was. The two flat irons are my property, and one of the silver tea spoons; the other six and the rest of the plate are my master's.

James Haistings . Mr. Wilson came to my house and told me he had been rob'd.

Q. When was this?

Haistings. It was the last time he took the prisoner up. We went to the prisoner's lodgings, and there we found two sacks, and took them to Mr. Wilson's house; the prisoner was in the brewhouse. We asked him how he came by the sacks, he said, I saw him go out of my house with one of them, I said I never let him have any. Then we told him we had reason to suspect he had rob'd Mr. Wilson, and we should take him up. Then he said he'd go along with us and shew us where the things were, if we would not do any thing to him; we went with him into the field behind Marybone workhouse, he got upon a hay rick and roll'd the plate and things down, then we came to Mr. Wilson's house, and brought him and the things here produced with us.

Prisoner's Defence.

I was going to work last Thursday morning about five o'clock, and saw a man on a hay stack; after he was gone, I got up, and saw some things that I thought were my master's. When I came to my master's I told him I thought I knew where some of the things were.

Guilty of felony only .

He was a second time indicted by the name of John Brown, for stealing one shirt, value 5 s. one pair of stone buttons, set in silver, value 2 s. one worsted cap, value 6 d. and 3 l. in money numbered, the goods and money of Thomas Kirby , in the dwelling house of James Haistings .

Thomas Crosby . When the prisoner was before justice Welch about the plate and other things that he had rob'd his master Mr. Wilson of, Mr. Wilson sent for me, and I went with a search warrant to search his lodgings, where was a wallet which the prisoner had described. I took and brought it to the justice, Mr. Kirby was there; we opened the wallet, in which we found a pair of stone buttons, a cap and a shirt, which Thomas Kirby swore to.

Q. Where is Thomas Kirby ?

Crosby. He is very ill at home.

Q. Have you any witness here that can prove they were taken out of the house of James Haistings ?

Crosby. No.

Acquitted .

[Transportation. See summary.]

218. (M.) Ann, wife of John Tompson , was indicted for stealing one looking-glass, value 10 s. one brass sender, value 3 s. one flat iron, one callico bed quilt, two blankets, two linen sheets, one pillow, one pillowbier, and one copper tea-kettle, the goods of Abraham Freelove , the same being in a certain lodging room, let by contract , &c. April 29th .

Catherine Freelove . I let the prisoner a ready furnished lodging; she was in it six weeks to the 29th of April, on which day I missed the things mentioned in the indictment (mentioning them by name.)

Q. Did you ever find them again?

C. Freelove. I did, by the prisoner's direction.

Q from prisoner. How did you come to miss the things ? I never left my lodgings.

C. Freelove. I look'd through the crack of the door and missed the looking glass that fronted the door; then I went in, and missed all the rest. I charged the prisoner with taking them, who own'd she did, and told me where she had pawn'd them.

George Fetherindale . On the 26th of April, in the morning, the prisoner brought a looking glass to pawn with me; I ask'd her if it was her own; she said it was. I lent her half a guinea upon it. (Produced in court, and deposed to by Catherine Freelove , as her property.) She pawn'd it in the name of Ann Allen .

Nicholas Merrit . On the 16th of April the prisoner brought a brass sender to me to pawn, and I lent her 3 s. upon it; it was produced before the justice, and Mrs. Freelove swore to it there. There was a flat iron also pawn'd in the name of Ann Tompson , which the prosecutrix would not swear to; but I left that also at her house.

Albert Hurtseller . The prisoner brought several things to our house to pawn at different times.

Q. When was the first time?

Hurtseller. I believe it was on the 26th of March, two blankets; and after that a pair of sheets, a white callico quilt, and a copper tea kettle.

Q. Did you ask her any questions?

Hurtseller. No, I did not ask her any at all.

Q. Why so, do you take in things in that manner?

Hurtseller. A woman whom we had known many years brought her to us, and said we were very safe in taking in any things from her.

Q. What did you lend her upon the whole?

Hurtseller. She had 19 s. 6 d. upon them all ( produced in court.)

C. Freelove. They are all my property.

Prisoner's Defence.

I did not do it with any intent to steal them. There has been money raised to make them good; whether it has been paid or not, I don't know. Mrs. Freelove agreed to have them brought to her house again, and then she would not prosecute me.

For the Prisoner.

Eleanor West . I have known the prisoner ever since she was two years old.

Q. What is her general character?

E. West. I never heard any misbehaved thing of her in my life; she was always very industrious.

Mary Walker . I have known her thirteen years, she was recommended to me as a workwoman.

Q. What is her general character?

M. Walker. She had a very good character, I never heard any ill of her before; she work'd five years for me, and I have intrusted thirty pounds worth of goods under her care at a time.

Q. What is your business?

M. Walker. I take in plain-work, and my husband is a taylor. I always found her very faithful, and had I been worth thousands I could freely have trusted her with it.

Guilty .

[Branding. See summary.]

219. (M.) Richard Saunders was indicted for stealing two hats, value 10 s. one pair of pumps, value 5 s. six pounds weight of tallow candles, nineteen hundred of needles, three thousand pins, twelve dozen of thread buttons for shirts, forty six yards of silk ribbon, value 15 s. and ten yards of blond lace; value 10 s. the goods of Thomas Nowling , in the shop of the said Thomas , April 29 .

Thomas Nowling . The prisoner is a journeyman carpenter , and was employ'd in my shop, to alter it, from March the 5th till about the 29th of April.

Q. What are you?

Nowling. I am a haberdasher ; in the first place I missed two hats and a pair of pumps.

Q Do you sell such hats and pumps in your shop?

Nowling. I do not; I had them for my own wear.

Q. What particular goods that you deal in did you lose out of the shop?

Nowling. I deal in every thing else but the hats; pumps and candles. I inquired if any body had laid my hats and pumps out of the way, and particularly I asked the prisoner at the bar, who said he knew nothing of them. Some time afterwards he asked me if I had found them, adding that the plaisterers and bricklayers were sad chaps, thereby giving me to understand that it was probable some of them had taken them. On the 29th of April, in the morning, the maid complain'd she had lost a handkerchief, which she had hung before the fire when she went to bed. Then I began to think it time to be as industrious as I could in finding out the thief, and decared I would find it out. I then went to Mr. Nixon, the master whom I employ'd to do the work, and told him the affair, and we agreed to take out a search warrant. The master, not knowing where the prisoner lived, dodged him home, and afterwards we went with the warrant and searched his lodgings, but found nothing. Then the constable advised me to take all the workmen up, to try who would confess; so I took out a warrant, but suspecting the prisoner only, I told the others my intention. I found he had left his work, but going to his lodging again I met with him, and gave the constable charge of him. In going down stairs he got the start of us and ran away, but we retook him, and carry'd him to justice St. Lawrance. There I said, Saunders, if you'll confess where the things are, so that I can get them again, I'll be favourable to you. He then beg'd I would talk to him by himself, so we went together, and he told me I should have all my things again. He said he knew of but one hat, and that was at a pawnbroker's in West-Street, Seven-Dials. His wife said she would go and fetch me the other hat and pumps. I asked her where they were. She said they were in the apartment of one Elizabeth Blundell . I took out a warrant to search that house, and going along we met Elizabeth Blundell with the hat and pumps in her apron, and searching up stairs we found the other things with the candles among them; I took up particularly a pair of childrens shoes with my mark in them (produced in court) and this piece of blond lace (holding it in his hand) I know to be my property. After this he confess'd he had taken all the things mention'd in the indictment from me.

Q. Were the things open before him when he confess'd that?

Nowling. They were.

Q. Where was it?

Nowling. It was before the justice.

Q. Are these all goods that you bought to sell again in your shop?

Nowling. They are all except one ribbon, which is my maid's. I ask'd him yesterday (because I would not have any one wrongfully accused) whether any body was concern'd with him. He own'd he took them himself, and nobody was privy to it.

Eliz. Blundell. These things produced here were brought to my house by the prisoner's sister.

Q. What is her name?

E. Blundell. Her name is Elizabeth Mills .

Elizabeth Mills . The prisoner is my brother-in-law; he sent me with these things to Mrs. Blundell's, and I carried them, but did not know what they were.

Prisoner's Defence.

I was at work at the prosecutor's house, I can say no more, only if the court pleases to call my master to my character.

Richard Nixon. The prisoner work'd with me ever since August last till he was taken up. I put great confidence in him, as thinking him an honest man, till this affair; finding there was some suspicion of him, I was at the taking him up, and heard him confess before the justice that he took away all these things.

Guilty, 4 s. 10 d.

[Transportation. See summary.]

220. (M.) Ann, wife of John Hutton , was indicted for stealing three stuff gowns, value 4 s. one pair of leather shoes, value 3 s. two stuff petticoats, value 1 s. 6 d. and one silk bonnet, value 6 d. the property of Joseph Agit , May 20 .

Frances Agit . I am wife to Joseph Agit . I lost the things mention'd in the indictment, from out of a drawer in the room where the prisoner lay. She work'd for me.

Q. Was the drawer lock'd?

F. Agit. It was not.

Q. How long had the prisoner lain in your house?

F. Agit. About eight weeks.

Q. How came you to suspect her?

F. Agit. She took one of my candlesticks to a tenant that lodged in the next room, and wanted her to go and pawn it for her.

Q. Do you know this of your own knowledge?

F. Agit. No, but that tenant came down and told me so, and bid me take care of her; then I went up-stairs to look for my things, and found the goods mention'd in the indictment were missing.

Q. When had you seen them before?

F. Agit. I am sure they were all there the over-night. We took her up, and in the watch-house she own'd she had taken and pawn'd them to one Gibbs, a pawnbroker in Shoe-Lane, where we went and found them. (Produced in court, and deposed to.)

Mr. Gibbs. The prisoner is the person that pawn'd these goods with me.

Prisoner's Defence.

I was in want of money, and my own cloaths were in pawn, and being obliged to go to a gentleman to get some money, I took these things and pledg'd them; I did intend to have got them out again, but instead of that they took and carried me away to prison.

Guilty .

[Transportation. See summary.]

221. (M.) Ann, wife of Joseph Simmons , was indicted for stealing one saucepan, value 4 s. two blankets, value 12 s. two linen sheets, one tin kettle, five brass candlesticks, one looking glass, and six wooden trenchers, the goods of John Filling , the same being in a certain lodging room, let by contract, &c. April 7 .

Martha Filling . The prisoner came to lodge with me in a ready furnished lodging.

Q. How long did she continue there?

M. Filling. She continued there almost three weeks. I lost the goods mention'd in the indictment.

Q. When did you miss the things ?

M. Filling. I missed them last Saturday was a fortnight.

Q. Did you ever see them afterwards?

M. Filling. I found them again at the pawnbrokers. The prisoner had absconded. I found her in the custody of a man, and I charged her with taking the things mentioned in the indictment. She own'd she did take them, and also where she had pawn'd them. I went with her to four different pawnbrokers and found them. ( Produced in court, and deposed to.)

George Walton . The prisoner brought a copper saucepan and lid, two sheets, one neckcloth, and a candlestick, to pawn with me; I asked her if they were her own; she said they were.

Q. What did you lend her on the goods you mention?

Walton. I lent her to the amount I believe of six shillings and eleven-pence upon them.

Hannah Borroughs . The prisoner and prosecutrix came to my house on the 10th of May last, and call'd for a tin kettle, a candlestick and a blanket, which I gave them.

Q. Did the prisoner bring them to your house?

H. Borroughs. I don't know whether it was she or her girl that brought them.

Ann Day . The prisoner came to our house on the 7th of May and pawn'd a blanket.

Q. What did you lend her upon it?

A. Day. I lent her half a crown upon it; she told me it was her own.

Prisoner's Defence.

I was out of place, and was recommended to the prosecutrix's house, till I could get a service. She left me in full care of her house, while she went down to her husband; she knew I had nothing to support me but a little sugar. She said I might make use of any thing in the house for my own use.

Q. to prosecutrix. Did you give her this liberty she speaks of?

Prosecutrix. No, I did not; I bid her not to pawn any thing.

Prisoner. My husband is serving his majesty, and I would take care not to bring myself behind hand.

Guilty .

[Transportation. See summary.]

222. (M.) Jane, wife of John Green , was indicted for stealing one looking-glass, value 5 s. two cheney curtains, value 6 s. two candlesticks, one copper coffee pot, five pewter dishes, four pewter plates, three blankets, two copper saucepans, one flat iron, one frying pan, one poker, one pair of tongs, and one iron fender , the goods of Francis Davis , April 3 .

Ann Davis . I am wife to Francis the prosecutor. I had been gone seven weeks and five days out of London, and left the prisoner in care of my house. When I came back again I missed the things mentioned in the indictment (mentioning them by name.)

Q. Where do you live?

A. Davis. I live in Red-Lion-Yard, Holbourn .

Q. When did you go from home?

A. Davis. I went from home the second or third of March last, and returned again a month ago last Monday night. I took the prisoner up and had her examined. She confessed she took them away, and pawn'd them to four pawnbrokers.

Q. What are the pawnbrokers names?

A. Davis. One is named Coronel, a Jew, another Howel, another Jones, and the other Reynolds. She own'd every thing that I charged her with, and said they were mine.

Q. Where did she own that?

A. Davis. Before justice Welch. (The goods produced.) I found this gown (taking one in her hand) at Mrs. Reynolds's. the curtain and candlestick at Coronel's the Jew, one sheet and pewter dish at Howel's, and the poker at Mr. Jones's in Holbourn. I can't say at which pawnbroker's I found the coffee-pot. They are all my property. Moses Coronel the Jew is not here.

Rachael Reynolds . On the 4th of March the prisoner brought a flat iron; on the 12th a blanket, on the 9th of April a sheet with several small things; on the 16th a gown, and on the 23d another sheet.

John Howel . On the 19th of March the prisoner brought pewter and other things, the 24th a frying pan, the 26th a blanket and other things, and the 28th a bolster and two pillows.

Prosecutrix. All these things that I found at the other houses are mine. I carried them before justice Welch, and he told me I need not bring them all, so I have not laid them all in the indictment.

Prisoner's Defence.

This woman left the key in my care. Sh e was gone two months. There is no witness that saw me pawn one thing, any farther than the pawnbrokers had them all.

Guilty .

[Transportation. See summary.]

223, 224. (L.) Catherine Griffiths and Mary Evans were indicted for stealing one cambrick handkerchief, value 12 d. the property of William Davey , privately and secretly from his person , April 26 .

William Davey . As I was walking down Cheapside from St. Paul's Church , on the 26th of April, the day of the rehearsal, about half an hour after two in the afternoon, Mathias Hays stop'd me and ask'd me if I had not lost a white handkerchief out of my pocket. I put my hand into my pocket and said I had. He said if I would go back a little way with him he would shew me the woman that had taken it out. I went with him, he shew'd me the prisoner Griffith, and I took her into an alehouse, the Horns in Gutter-lane, where she drop'd the handkerchief.

Q. Where did you meet with the prisoner Evans?

Davey. They were both together, and we took them both into that house. I carry'd them before the sitting alderman (the handkerchief produced in court and deposed to.)

Mathias Hays . I saw the prisoner Griffiths take this handkerchief out of Mr. Davey's pocket with her left hand, and wrap it up, and put it under her cloak. I said to her now you have got what you wanted, she said what is that. I said you have got the gentleman's handkerchief. I desired the people that stood near not to let her go, for I would see if I could find the gentleman (he was gone on.) I went and overtook him opposite to Bow Church. He came back, and as we were taking the prisoners into the Horns alehouse, Griffiths drop'd the handkerchief, and a little girl said, here is the handkerchief, and took it up.

Q. from Griffiths. Whether that witness did not ask me for money to buy more drink, or said if I would not, he'd do for me?

Hays. I asked the prisoners for no money.

Griffiths. The prosecutor gave this witness Hays half a crown.

Prosecutor. The men that detected them told me that they lived by their daily labour, this I think being a book binder, and there being three of them, I gave them half a crown.

Richard Wilson . On the 26th of last month I was coming from Shoe-lane, and went into St. Paul's Church yard, the rehearsal was then. I saw the two women at the bar very busy with several people's pockets, they had both cardinals on. I saw them take many things out of people's pockets, but I could not see what. They had a way of twisting them up, and put them under their cardinals. I said to the other witnesses, these are two pickpocket, let us watch them. When we got out of St. Paul's Church yard they were then standing at the end of Paternoster-row, when the prosecutor came along they followed him close, and were both very busy about his pocket. Hays said to them, now you have got what you wanted. What have I got said one of them, you have got the gentleman's handkerchief he said; then he call'd to me, I was watching over the way. I went to him, and he went and fetch'd the gentleman. We went in at the Horns alehouse, Gutter-lane; going in at the door they drop'd the handkerchief, a little girl took it up, and said here is the handkerchief. The gentleman sent for a constable, but there was not one to be got. Then he went to the bar, and said here is something for the people to drink, I'll go myself for an officer; then a constable came in.

Q. Were they both alike busy about the prosecutor's pocket?

Wilson. They were.

Q. from Evans. What was the reason you did not attack us in St. Paul's Church yard?

Wilson. I did attempt it, but they made their escape up to the end of Paternoster-row.

Q. to Hays. Were they searched in the alehouse?

Hays. They were not, as the handkerchief was found.

Q. When you saw Griffiths take the handkerchief, where was Evans?

Hays. They were close together, one behind the other. Mr. Davey once turn'd about, or they had picked his pocket before that.

Edward Beaumont . I work in St. Paul's Church yard, I was there to see the people come from the rehearsal; the last evidence told me he saw two women attempting to pick pockets, and shew'd me them. I look'd and saw them both attempt it several times. We followed them to the top of Pater-noster-row, there Mr. Davey cross'd the way; they both made after him, and beyond Gutter-lane they took the handkerchief out of his pocket.

Q. Did you see it taken?

Beaumont. I did not see it taken, but I saw it in Griffiths's hand, then the other cross'd the way, and Mr. Wilson went and fetch'd her back again. Mr. Hays went and fetch'd Mr. Davey, and going into the alehouse Griffiths drop'd the handkerchief from under her red cloak or cardinal.

Q. from Evans. Did not we insist upon being search'd?

Beaumont. The handkerchief was found before that; when they found there was no constable came, then they desired to be search'd.

Griffith's Defence.

I don't know any thing of the handkerchief, I did not see it. I insisted upon being search'd, and was search'd. I am as innocent of it as the child unborn. One of them took it and gave it to the gentleman, and he gave them half a crown to drink.

Evans's Defence.

I never saw this woman [meaning her fellow prisoner] before that time in my life. I saw her in St. Paul's Church yard; she asked me what was to be done, I said something of a rehearsal. I was going as far as Mile-End, and this good woman asked me how far it was to Whitechappel. I told her I was going as far as the Mansion-house, and would shew her the way so far. These people ask'd the constable if there was no reward.

Beaumont. We had no intention of getting any reward, we thought of getting them severely used by the populace.

Griffiths Guilty, 10 d.

Evans Acquitted .

[Transportation. See summary.]

225. (L. Sarah Gascayne , otherwise Conner , spinster , was indicted for stealing one double laced handkerchief, value 5 s. one cap, value 4 s. one soosey handkerchief, value 12 d. two yards and a half of silk ribbon, one pair of pattens, and one pewter plate , the goods of Francis Martin , April 25 .

Mary Martin . I am wife to Francis Martin . On Monday the 25th of April the prisoner ask'd me leave to let her go up stairs to put on her shift, saying her washerwoman had disappointed her, in not bringing it home sooner; and as she had behaved very well before, I let her go up.

Q. What is the prisoner?

M. Martin. My husband is a pastry-cook , and she sold goods about for us. She went out between one and two o'clock, and came back just as I had dined. One Elizabeth Cockbourn went out with her after that, with what we call night goods, who told me when they came home that she saw something stick out of the prisoner's pocket apron, which appear'd like my handkerchief. Then I looked, and missed two handkerchiefs, a cap, two yards and a half of silk ribbon, a pair of pattens, and a pewter plate. I charged her with taking them.

Q. Where were these things taken from?

M. Martin. The cap and ribbon, and one handkerchief, were taken out of a trunk in the same room she went into to shift herself. I found the trunk lock'd as I had left it. The soosey handkerchief was lying on the table or the bed in the same room, but the pewter plate and pattens were taken from below stairs. I took her before the alderman, and she own'd she had taken them, but that it was with a design to put them in their places again, and that she had pawn'd the handkerchief in Shoe-lane, (the goods produced, and deposed to.) She said before the alderman, that she took the things out of the trunk with a knife, and did not open the lock, but that was impossible.

Q. What did she say about the other things ?

M. Martin. She did not say any thing at all about them. The soosey handkerchief was found by her direction at the pawnbroker's, and the cap was found out by a person that said he knew where she used to pawn things of her own.

James Adshead . I am a pastry-cook. I went to the pawnbroker to get the cap out.

Q. How came you to go ?

Adshead. Because the prisoner had told Mrs. Martin she had some goods in pawn, and would be glad if she would send her some money to fetch them out; and when the handkerchief was found upon her Mrs. Martin desired me to go to that pawnbroker's where I had been once before, and see if the laced cap was there which she had lost. I went and found the laced cap pawn'd there, in the name of Mary Williams , and brought it to Mrs. Martin.

Q. What was it pawn'd for?

Adshead. For two shillings.

Q. What name were the other things pawn'd in there ?

Adshead. They were pawn'd in the name of Mary Williams. Then we went before the sitting alderman, where she said she took the cap and handkerchief in order to go to an Irish wake with, and she intended to put them into their places again.

George Pool . Mr. Martin sent for me, and said he had been rob'd of such and such things.

Q. Are you a constable ?

Pool. I am a publican; he said the prisoner was in the compter, and desired me to go with his wife and her before Mr. alderman Alexander. When we came there the things were produced, and the alderman bound her and I over to prosecute. I went to the pawnbroker's and found the handkerchief pawn'd in the prisoner's own name.

Q. Did the prisoner confess any thing before the alderman?

Pool. I heard her confess she took the things there.

Q. Was the handkerchief produced there?

Pool. No, it was not; I fetch'd that afterwards.

Q. How could she confess she took that identical handkerchief?

Pool. It was her own voluntary act; she own'd she took the handkerchief from Mrs. Martin's house, and pawn'd it where I went and found this.

Q. Can you swear this is the handkerchief ?

Pool. I don't pretend to that.

Prisoner's Defence.

I was going out that day, and Mrs. Martin lent me these things, and bid me not to let her husband know of it; I came home and fell asleep, and Mrs. Martin came and searched my pocket apron, and found the handkerchief.

Q. to Mrs. Martin. Did you lend the prisoner these things?

Mrs. Martin. No, I did not; as to the soosey handkerchief, till she own'd it before the justice, I did not miss it.

Q. Where is your husband ?

Mrs. Martin. He is a prisoner in the Fleet , and can't attend here.

Guilty, 10 d.

[Transportation. See summary.]

226. (M.) Mary wife of John Williams was indicted for stealing one silver watch, value 4 l. and 12 d. in money number'd , the goods and money of John Canvin , April 24 .

John Canvin . On the 23d of April I was drinking in company pretty late, and when we broke up it was between twelve and one o'clock; I found myself a little in liquor, and did not much care to go home, as the woman of the house where I live was ill, and I did not chuse to disturb her; so I went away from the alehouse, and walked over London Bridge.

Q. Where is the alehouse you went from?

Canvin. It is in White's Ground, Barnaby street, in Southwark. I went through best part of the city.

Q. Where do you live?

Canvin. I live in Southwark.

Q. Why did you go over the bridge?

Canvin. I walked about to get sober. I walked till I came almost to Whitehall. I had my watch and some money about me. Then I thought I'd turn back again and go through the city, rather than go home over the New Bridge and St. George's Fields at that time of the night. Then I went up into Covent-Garden, and got into Drury-Lane, where I saw this woman at the bar and a companion of her's standing together; they both called to me, and said they wanted to speak with me.

Q. Was that companion of her's a man or a woman?

Canvin. It was a woman. I went over the way to them. The prisoner ask'd me if I'd give her any thing. I said, what shall I give you? She said a dram; there was no publick house open as I saw, so I gave her a penny to buy a dram; she brush'd up to me, and ask'd me if I had a mind to do with her, and what I would give her; I said nothing. I had not much occasion that way. Then she ask'd me if I would give her partner a dram; she said if I would I should have a touch with her. Then she put her hand between the waistband of my breeches and my body. Then I thought she had a mind to pick my watch out, so I put my hand to my watch, and my other hand to where my money was. Then she took hold of my hand and went to put it under her petticoats; while my hand was there I felt my watch go out of my fob.

Q. When had you seen your watch before?

Canvin. That very instant I had felt it in my pocket.

Q. How near was the other woman to you?

Canvin. She was about a yard, or a yard and a half from me.

Q. Was it possible for her to take your watch ?

Canvin. No; she could not reach me to take it: Being conscious the prisoner took it, I challenged her with it, and desired her to give it to me again; she denied it, and said she knew nothing of it; I said I would not lose my watch upon any account. She wish'd several bitter wishes about it. Then I said I would give any thing rather than lose it; she said, what will you give me, will you give me half a crown? I said, yes I would, and took out 2 s. and 6 d. Give it me she said. I said I would, if she would deliver me the watch. She said, she would have the money first, which I would not give her. I said, if she would let me see it, I would give her half the money. She would do nothing, except I would let her have the money first.

Q. Did she produce it?

Canvin. No, she did not; I held the money in my left-hand. She stood on the right-hand side of the passage where we were, and I open'd my hand, thinking the sight of the money would induce her to let me have the watch; she catch'd at it, and got a shilling out of my hand.

Q. Did you ever see the watch again?

Canvin. No, I never did.

Q. Was you got sober then?

Canvin. I was a sober as I am now.

Q. What is your business?

Canvin. I am a leather-dresser. There came a soldier up to the entry while I was contending with her, and with his help I got her to the constable.

Q. Was she out of your sight in this time?

Canvin. No, never till I got her to the Round-house.

Q. What became of the other woman?

Canvin. They both pushed me and intreated me to go into the house up the alley, but I would not. I found I could not keep them both, so I seiz'd the prisoner, and the other jump'd away.

Q. Did she confess any thing before the justice?

Canvin. No, she did not; all she said was, I gave her the shilling to have to do with her.

Daniel Day . I was going by the end of the alley, and saw the prisoner and prosecutor pulling and hauling; I asked what was the matter; he told me she had got his watch. I saw him hold the money in his hand, and saw her snatch it out; I help'd to secure her. She carried the shilling in her hand to the constable's house, and in the Round-house she sent for a full pot of purl, to drink the prosecutor's health.

Q. from prisoner to prosecutor. Do you remember when you put your hand down my breast you said you would give me a shilling?

Prosecutor. I never put my hand there.

Prisoner. This soldier Day is an old thief-catcher; he will swear any thing.

Elizabeth Basset . I am servant to the keeper of St. Giles's-Round-house. I remember the prisoner's being brought in there for stealing a watch. I strip'd her from top to bottom, and there was nothing about her; I really know nothing at all of it.

Q. Had you no conversation with her?

E. Basset. No, I had not; I strip'd her quite to her skin, skin and all.

Prisoner's Defence.

There were other women with him, which he was picking up; I never saw his watch. I deal in Covent Garden.

For the Prisoner.

Mary Caly . I saw the prosecutor, on St. Martin's side in Drury-Lane, with three or four women.

Q. Was the prisoner one of them?

M. Caly. No, she was not there at that time; but however, as I came out of the court I saw the prisoner and her husband having some words; he was in liquor. She came out. I asked her where I could get a little beer, and she directed me to a night house in Covent-Garden. I went and got a pint, and came back again; when I heard a noise made by this man about his watch.

Q. Did you know the prosecutor before?

M. Caly. No, I never saw him since that time.

Cross Examination.

Q. How was the prosecutor dressed?

M. Caly. I believe he was dressed in some white cloaths, not in these he has on now.

Q. to prosecutor. What cloaths had you on that night?

Prosecutor. I had a darkish ash-colour'd surtout coat on.

Two other women appear'd for her; one deposed she lived in Wild-street, and had known her twenty years, and never heard any thing amiss of her; the other had known her five years, and had bought old cloaths of her, and never knew any ill by her.

Guilty .

[Transportation. See summary.]

227. (M.) Terence Kane was indicted for stealing one piece of gold, value 3 l. the property of persons unknown.

James Harman . I am a working silversmith; this prisoner at the bar brought me two irregular small pieces of gold, at two separate times; I knowing him bought the first and second, which was much the same shape, but the last more in quantity; after that I had some suspicion they were not honestly come by.

Q. What is the prisoner ?

Harman. He is a milkman. I gave orders to my people, if he should come and offer any more they should not buy it. On the second or third of February last he brought me another piece of gold, which appeared as though it had been turned out of a melting pot, or crucible; then I had a full suspicion that it was dishonestly come by. I ask'd him how he came by it. He told me he sold it for another person. I clap'd it in the scale, talk'd to him a little to amuse him, and then told him I was satisfied it was dishonestly come by, being in such a shape; he said he came honestly by it. I said, I have no reason to distrust you, but you must discover the person you had it of; he told me he had it of a Jew that sold old cloaths; I told him if it was good it might be worth 3 l. 5 s. but desired him to leave it, that I might have a trial made of it; he left it with me, in order to have a trial made of it, which we call an assay. I applied to justice Welch, and told him my sentiments, and how I came by it; he bid me apply to the assay master in the Tower, which I did, and according to that assay it was reported to be a quarter of a grain worse than standard, but they always make some small allowance. I had a warrant from Mr. Welch, in order to apprehend the prisoner. I had given the prisoner a memorandum of my receiving such a bit of gold of him, in order for my delivering it back upon demand. When he came to my house I told him he must produce the person that he had it of, and I privately sent one of my boys for the constable. The prisoner made this excuse, he could not tell who, or where the man was he had it of, and desired to have some time to find him. I gave him opportunity to go and see for him, but did not deliver him the gold. He did not return, and has absconded ever since, till last Monday he was taken. He has prevaricated much in his discourse. He said he had it of a German Jew first, and that he had not paid for it; afterwards that he had paid for it. When I told him it might be worth 3 l. 5 s. he said he gave three guineas for it; but before the justice he said, he did not pay for it till after I had told him what I thought it might be worth, Mr. Welch committed him.

Cross Examination.

Q. When did the prisoner first produce this piece of gold to you ?

Harman. About the second or third of February.

Q Did you mention any suspicion you had then?

Harman. At that time I told him I suspected it to have been stoln.

Q. When did he call again after that?

Harman. He call'd about two or three days after.

Q. What time did he abscond ?

Harman. He absconded after the second time of coming.

Q Was the warrant taken out before he absconded ?

Harman. It was, but it was in the constable's hands, and I call'd my boy in order to fetch him to serve it. I told the justice I was apprehensive it was the diminishing of coin.

Q. What was their opinion who made the assay?

Harman. They seem'd to be of the same opinion with me.

Q. Where is the piece of gold?

Harman. It is here [produced; the jury look at it.]

Prisoner's Defence.

I bought this piece of gold of a German Jew, but I don't know his name, nor where he is. I gave him three guineas for it. He wanting to borrow some money of me to buy old cloaths with, I told him I had none, and he took me into a publick house, where he pull'd this piece of gold out of his pocket, and said he would give me that instead of three guineas. I carried it to the gentleman's house, and ask'd him the value of it; he said it was worth 3 l. 5 s. He gave me a note, and I left the piece of gold with him. I went back to the Jew, and paid him the three guineas.

To his Character.

Thomas Rhodes . I am a cowkeeper; the prisoner deals with me for milk.

Q. Do you apprehend that in the course of his business he gets a sufficient livelihood?

Rhodes. No doubt but he does, he is a very industrious man.

Mr. Riley. I have known him about three years.

Q. What is his general character?

Riley. I never heard any thing amiss of him, I always took him to be an honest man.

John Ross . I have known him about three years, has a very honest pains-taking man.

Q. What is his business?

Ross. He is a milkman, and lives in Surrey-Street in the Strand.

Abraham Dent . I have known him between two and three years, he is a very worthy man; he is a milkman, and deals largely.

Charles Cavaneragh . I have known him ten years.

Q What is his general character ?

Cavaneragh. He has a very good character, that of a very industrious honest man; he kept a farm in Ireland.

John Mackdonan . I have known him about three years, and he has always behaved like a very industrious honest man.

Acquitted .

228. (L.) Richard Booth was indicted for stealing 3 bushels of coals, value 3 s. and 4 d. the goods of Barnaby French , May 19 .

Barnaby French . I live by Fleet-ditch.

Q. Did you lose any goods at any time?

A. Yes, a sack of coals containing 3 bushels.

Q. Who do you charge with them?

A. Richard Booth .

Q. What reason have you to think that he took them ?

A. I know the man that bought them of him; he told me his name was Richard Booth .

Q. What is Richard Booth ?

A. He was a carman to me.

Q. How long had he been your carman?

A. Near half a year, and always behaved very well. I have inquired into his character, and find he has been led away by the rest of his fellow servants.

Q. When did you lose them?

A It was the 19th day of this month.

Robert Davidson . I know the prisoner.

Q. Do you know any thing of these coals mentioned ?

A. Yes, the prisoner came to my shop and said, I have bought a sack of coals for a particular acquaintance, and he don't want them at present; and said if you will have them you shall have them for the same price that he was to give for them. I said what is that, he said three shillings. I thought they were honestly come by, and I gave him the same price that I give to other people.

Q. When was this ?

A. It was last Thursday.

Q. How many bushels were in the sack?

A. He told me there were three bushels.

Q. Did you ask him how he came by them ?

A. Yes, Sir; he told me he came very honestly by them, and that he brought them from his master's.

Q. Do you know whose coals they were?

A. He did not tell me.

Q. What did you give for them?

A. I gave 3 shillings

Q. What were they in?

A. They were in a sack.

Q. What became of the sack?

A. He took the sack away with him. I do not know whose coals they were.

Q. to Barnaby French . How do you know these were your coals ?

A. The prisoner at the bar told me they were my coals before the justice of peace.

Q. By whose information was it that you took him up?

A. It was by the information of Mr. Maskill

Q. Did you charge him before justice Welch that they were your coals?

A. Yes.

Q. What was his answer?

A. He did not deny it; he confess'd he took them.

Guilty, 10 d.

[Whipping. See summary.]

229. (M.) Edward Stubberfield was indicted for stealing a weather sheep, value 29 s. the property of John Giblett , May 19 .

John Giblett . I had some sheep at grass at Mrs. Gee's, at Paddington ; there was one weather sheep taken away, and I heard it was in Queen-Street, Bloomsbury, at the sign of the Plough. This day se'n-night I went there and saw it, but knew nothing of my own knowledge how it came there.

Thomas Farrier . On Holy Thursday, at about one o'clock, I saw the prisoner tying the legs of a sheep, after which he laid it in a bye place; he had fourteen other sheep, which he was driving to Bloomsbury Market, and in about half an hour afterwards he came back to fetch that which he had tied the legs of.

Q. How was that sheep mark'd?

Farrier. There was a figure of eight on the rump, and the letter I.

Q. to prosecutor. Is the prisoner your servant?

Prosecutor. No, he is not.

Q. How came he to be driving your sheep?

Prosecutor. That sheep he had no business with.

Q. Was the prisoner servant to Mrs. Gee?

Prosecutor. He was not as I know of.

Q. to Farrier. What did you do upon the prisoner's coming back for it?

Farrier. I went and told the constable after he had laid the sheep in that bye place, who came and took it into his possession, till the prosecutor came and demanded it.

Q. What did the prisoner say when he came back for the sheep?

Farrier. He said the sheep was his own.

Q. What time of the day was it he came again ?

Farrier. He came about five o'clock that afternoon.

John Ford . The prisoner was bringing some sheep to Bloomsbury-Market, when the beadle came with another man and told me of a sheep laying in a bye place, with its legs tied.

Q. Where do you live ?

Ford. I live at the Plough in Queen-Street, Bloomsbury Market.

Q. What are you?

Ford. I am a constable. I went there and saw some people about the sheep, which I took and carried into my yard, to lie there till somebody own'd it. After this the prisoner came, and finding the sheep was gone from the place where he had laid it, he came and demanded it of me.

Q. Whose did he say it was?

Ford. He said it was his own; after that he said it was a butcher's in St. James's-Market; after that he said it was a sheep that followed him from Paddington, and he would take it back again; when I said I would not let him have it till the right owner came, he said he would fetch the owner in half an hour.

Q. Did any body come for it?

Ford. No, nobody that night, till the next day about nine o'clock; then the prosecutor came and demanded it. The next day we found the prisoner, between three and four o'clock.

Q. What did he say for himself?

Ford. He said little or nothing.

Q. What did he say before the justice?

Ford. He said there that the sheep came into his drove by the brick-fields.

Richard Randall . I saw that weather sheep in Mrs. Gee's ground that same morning, between 8 and 9 o'clock; there were in the whole three score and fifteen.

Q. How many of them belong'd to the prosecutor ?

Randall. There were but four of them belonging to him.

Q. Was this sheep among them?

Randall. It was one of the four.

Q. Did you see who took it away?

Randall. No, I did not.

Ann Gee . The prisoner came to my house on that day for fourteen sheep, which he was to take away; my servant not being in the way, I desired him to take them away right, and that he would stop as he came by the door with them, that I might count them; but when he came with them, he hurried them by so fast, that I could not count them. I went down into the field about half an hour afterwards, and found that one sheep belonging to the prosecutor was missing.

Q. Where do you live?

A. Gee. I live at Paddington, and take in butchers sheep to grase.

Q. Where was this sheep?

A. Gee. It was in my ground.

Q. Who did the other fourteen sheep belong to?

A. Gee. They belong'd to other persons, not the prosecutor.

Q. Where was he to drive the other fourteen to?

A. Gee. To Bloomsbury market.

Q. Were the sheep all together in your ground?

A. Gee. They were all in one pen.

Q. Did you see the prisoner take them out of the pen?

A. Gee. No, I did not.

Q. Did you speak to him as he went by with the sheep?

A. Gee. I call'd to him, and said I could not tell them; he said they were all right. The next morning the prisoner came to me, and ask'd me if I had lost a sheep, saying he had found one in the Brick-fields. I ask'd him why he did not bring it home; he said it was in the constable's hands, who would not let him have it.

Q. What time of the morning was that?

A. Gee. That was about nine o'clock.

Prisoner's Defence.

I went to Mrs. Gee's house for fourteen sheep, and driving them along I went to case myself, and the sheep went down the road; when I came to count them I found one more than I should have, so I took and ty'd it's legs, and drove the others where they were to go. Then I went up to Peter-street, to a young man that drives a cart, and said I had found a sheep in my parcel that was none of my own, and bid him come down and look at the marks. He said he would. When we came there the sheep was taken into the constable's house, and they would not let us see it till the constable came home. I ask'd where he was, they said just by. When I saw him he said it was one Mr. Giblett's sheep, it was mark'd with the letter I. They ask'd me how she came amongst mine, I said I did not know. I went to Mr. Giblett's drover, to see if he had lost such a sheep, but the constable bid him keep away, and not trouble himself about it, so he is not here to be a witness for me. My masters for whom I drive sheep, named John Harris and William Minian , are both busy now in Smithfield market, it being Friday, the market day, so they can't come to give me a character.

Q. to Ford. Did you bid the other man keep away, and not come here to give evidence for the prisoner ?

Ford. That was the man that came to demand the sheep. I told him I fancy'd he had better keep at home and mind his business, and not get into trouble. I said, I questioned, whether he was not guilty as well as the prisoner.

Q. from prisoner to prosecutor. Whether I was not at your house to enquire after the sheep, whether you had lost one?

Prosecutor. I heard there were two people came on that account.

Prisoner. I was one of the two.

Guilty, Death .

Recommended to mercy.

230. (M.) Nicholas Hidcloaff was indicted for stealing one iron coffee pot stake, value 3 s. and one beck iron, value 1 s. the goods of George Ebenezer Pewterers , March 20 .

Mary Pewterers . My husband's name is George Ebenezer Pewterers .

Q. Have you lost any thing?

M. Pewterers. I have lost a beck iron and coffee stake.

Q. When did you lose them?

M. Pewterers. Betwixt the 20th of March and the 11th of May.

Q. What business is your husband?

M. Pewterers. He is a brasier .

Q. Where is he?

M. Pewterers. He is a captain of marines on board a private ship of war .

Q. What is the prisoner?

M. Pewterers. He was a journeyman to my husband.

Q. How long had he been your journeyman ?

M. Pewterers. About four years.

Q. Why do you charge the prisoner?

M. Pewterers. The discovery was made by a person that went to work with the prisoner, who saw the tools there, and knowing them, he came and told me of it.

Q. Where did he say he saw them?

M. Pewterers. At the prisoner's lodgings. So we took the prisoner up.

Q. What did he say for himself?

M. Pewterers. He said my husband lent him them before he went away.

Q. How do you know but that is true ?

M. Pewterers. I am certain he never lent him them.

Q. How can you be certain?

M. Pewterers. Because it would be against his interest so to do.

Q. Did he work for you after your husband went away?

M. Pewterers. He did.

Q. How long?

M. Pewterers. He work'd for me several weeks after that.

Q. Is not this a prosecution by way of resentment, on account of his leaving you ?

M. Pewterers. No, it is not, it is far from it.

Q. What is the value of these goods?

M. Pewterers. They are of small value, they are not valued at one third of their worth.

Q. Had he quite quitted your service?

M. Pewterers. He had.

Q. Did he quit your service with or without your consent?

M. Pewterers. He gave me no warming, and left my work unfinished.

Q. How had he behaved in your service?

M. Pewterers. He behaved much in the same manner about two years ago. I had not a very great opinion of him.

Cross Examination.

Q. Whether during the time he work'd for your husband, there was not a deal of greatness between your husband and the prisoner ?

M. Pewterers. Yes, so far as drinking together.

Q. Had they not used to walk out together on parties of pleasure ?

M. Pewterers. Yes, I believe they might two or three times; he earn'd a great deal of money, by which means he could ride when others must walk.

Q. Did your husband shew him more respect than he did other journeymen?

M. Pewterers. He used them all well.

Q. Did he not discover a greater kindness-towards the prisoner than the other journeymen?

M. Pewterers. The other workmen went on parties of pleasure with my husband, as well as the prisoner; but the prisoner might have more money than they.

Q. Where were the goods found?

M. Pewterers. They were found at the prisoner's shop.

Q. Did you not say they were found in the prisoner's lodgings?

M. Pewterers. His shop and lodgings are both on one floor; he work'd in the room joining to his bed room.

Q. Were they concealed or open?

M. Pewterers. They were not concealed; he was at work with them.

Q. Was not there a man that work'd with him, that had work'd with your husband, named Lambert ?

M. Pewterers. Yes, there was; at the time the tools were found.

Q. Did he know the tools ?

M. Pewterers. He did very well.

Q. Did Lambert come and discover it directly, or did he leave the prisoner's service first?

M. Pewterers. He left him first.

Q. Where did Lambert serve his time?

M. Pewterers. He served his time with my husband.

Q. How long had Lambert been gone from you to the prisoner, before he made this discovery?

M. Pewterers. He work'd there but about a week or ten days.

Q. Do you know of any dispute they had?

M. Pewterers. No, I do not.

Q. When did Lambert tell you of it?

M. Pewterers. It was not Lambert that told me; he told one of our journeymen, and he told me.

Charles Boucher . I am one of Mrs. Pewterers's journeymen. I and others went in search of these tools, and found them in the possession of the prisoner, in his work shop; I knew them directly.

Q. What reason did he give for having them in his possession?

Boucher. He said my master lent him the tools before he went away.

Q. Did the prisoner talk of setting up for himself before your master went away?

Boucher. No, he did not.

Q. Are you certain of that ?

Boucher. I never heard such a thing mentioned.

Q. How came he to leave your mistress's service ?

Boucher. I don't know that.

Q. How long did he work for your mistress after your master was gone away?

Boucher. He work'd for her three or four weeks after my master went away.

Q. Do you know whether your mistress and he had any quarrel ?

Boucher. They had none as I know of.

Charles Lambert . I know these tools to be Mr. George Ebenezer Pewterers 's property. (The tools produced.)

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

Prosecutrix. They are my property.

Q. to Lambert. Did you work with the prisoner at the bar ?

Lambert. I did work with him a week and 3 days.

Q. How came you to go to work along with him?

Lambert. I was out of my time, and I had a mind to go to work with him.

Q. Had you ever any conversation with him about the tools?

Lambert. No, never.

Q. How came it that you did not tell him they were your mistress's tools ?

Lambert. There was a man that work'd with him, who said to him, here is a tool that is crack'd.

Q. Which tool was that?

Lambert. That tool is not here; he said he bought it, and would have it alter'd. The man answer'd so he might, and it would do very well.

Q. Who did that tool belong to?

Lambert. That belongs to my mistress.

Q. to prosecutrix. Where is that tool?

Prosecutrix. That the prisoner sent home the day after he had the warrant served upon him.

Q. to Lambert. Why did you not tell him whose tool it was?

Lambert. I thought my mistress had lent it to him.

Q. Why did you think so?

Lambert. Because he used to have more liberty in the shop than any of the other servants.

Q. What, in your mistress's time?

Lambert. In my master's time and mistress's too.

Q. Did he use to follow any separate business in your mistress's time?

Lambert. He set up about two or three years ago.

Q. What did he say for himself after he was taken up?

Lambert. He said before justice Fielding his master lent him the tools which he used then.

Q. Can you say whether your mistress lent him these tools in question now?

Lambert. No, I can not.

Cross Examination.

Q. Have you had any difference with the prisoner?

Lambert. No, I have not.

Q. How came you to leave him so soon?

Lambert. He and another man agreed to be partners; they were to give me so much a week, and when I ask'd the prisoner for money, he flew in a passion and bid me go along.

Q. Did you upon that go and tell Mrs. Pewterers of these things being in his custody?

Lambert. I did not tell her at all; I told it to Mr. Pearson, and he told her.

Q. to prosecutrix. Did not you lend the prisoner the tools yourself, in your husband's time ?

Prosecutrix. No, I did not.

Prisoner's Defence.

These tools were lent to me several times, both by Mr. and Mrs. Pewterers.

For the Prisoner.

Conrode Hidcloaff. I remember that when the prisoner work'd with Mr. Pewterers his master used to lend him tools.

Q. How often have you known him to lend him tools?

Hidcloaff. Once or twice.

Q. Are you related to the prisoner?

Hidcloaff. I am his brother.

Q. When was the first time you can recollect he lent him tools?

Hidcloaff. It was about three years ago.

Q. Did Mrs. Pewterers ever lend him any in the absence of her husband?

Hidcloaff. She did; I went to her and asked for a tool for my brother, and she lent it me.

Q. When was this?

Hidcloaff. It was about Christmas last.

Q. What tool was it Mr. Pewterers lent him?

Hidcloaff. It was a coffee pot tool.

Q. What is your business?

Hidcloaff. I am a brasier.

Q. Did you ever work for Mr. Pewterers?

Hidcloaff. I did for about 6 years. I remember my master told him when he lent it him, that he was welcome to what he could spare till business came on again ( business then being very slack) he lent him another tool about the same time.

Q. What was that?

Hidcloaff. That was a beck iron.

Q. Look at the tools produced, whether they are like them ?

Hidcloaff. These are the same tools; he took them, and brought the beck iron back to me.

Q. to prosecutrix. Are you sure you never lent the prisoner any tool?

Prosecutrix. I never lent him any tool in my life.

Q. Did you never bid him take a tool?

Prosecutrix. No, never.

Q. Have you heard his brother's evidence?

Prosecutrix. I have, and all he says is not true. My husband call'd at his house about three years ago, and saw some of his own tools at his house; he reprimanded him, and desired him to bring them home, which he did; at that time he forgave him, but desired him never to make so free again.

Q. Was not there an intimacy between your husband and he since that?

Prosecutrix. Yes, the same as before at times.

John Wepperman . I am a brasier. I have known the prisoner about twelve years, he has work'd two years with me.

Q. Is it a common thing in your trade to lend a tool to one another?

Wepperman. It is.

Q. What is the prisoner's general character?

Wepperman. So long as I have known him he had a very good character.

Q. If he was discharg'd now, should you be willing to employ him?

Wepperman. Yes I should with all my heart.

John Bull . I am a brasier.

Q. Is it a customary thing amongst your trade to lend one another tools ?

Bull. It is.

Q. How long have you known the prisoner ?

Bull. I have known him fifteen years.

Q. What is his general character?

Bull. He has an exceeding good one, he behaved himself well, and is an exceeding good workman.

Q. Supposing he should be discharged from this prosecution, and you had an occasion to employ a man, would you employ him?

Bull. I would.

Q. What opinion would you have of a man that takes away tools without leave?

Bull. It is not customary to take tools without leave, but it is not called a crime in the trade.

Q. Is it customary, at times, to give a general authority, to let a journeyman take a tool if he wants it?

Bull. When I am not at home I give leave to lend tools, but not to strangers.

Christian Egard . I am a brasier; I have known the prisoner about five years.

Q. What is his general character?

Egard. He has a good honest character.

Q. If he should be discharged, and you had an occasion for a man, would you employ him?

Egard. I would directly.

William Gesshouse . I have known him two years.

Q. What is his general character?

Gesshouse. He has a very good character; he is a very honest industrious man.

A witness. I have known him about five years; his general character is exceeding good. He is a sober, honest, industrious man.

John Dycks . I have known him four or five years.

Q. What is his general character?

Dycks. He is a very sober industrious man.

John Ring . I have known him five years.

Q. What is his general character?

Ring. He is a sober industrious person.

Martha Ford . I have known him about two years.

Q. What is his general character?

M. Ford. He has as good a character as ever I knew by any man; I have trusted him, and if he had a mind to have rob'd me, he had great opportunities of taking to the value of 20 l.

Benjamin Johnson . I have known him three years and four months.

Q. What is his general character?

Johnson. I took a liking to him as an honest, sober, good man.

There were two other witnesses appear'd (names not mention'd ) each had known him about five years, and both gave him a good character.

Acquitted .

231. (M.) James James was indicted for stealing one gold ring, with seven diamonds fix'd in the same, value 10 l. one silver snuff box, value 20 s. one other silver box, value 5 s. and one gold watch, value 15 l. the goods of Carolina Blacquire , widow , May 25, 1752 .

Carolina Blacquire . I live in Catherine-Street, Covent-Garden.

Q. Where did you live in the year 1752?

C. Blacquire. I liv'd then in East-Smithfield .

Q. Was you a married or a single woman then ?

C. Blacquire. I was a married woman, but I acted on my own foundation; my husband was never in England. I went from England to Ireland to him, and left the prisoner in charge of all my effects, and he took the things mention'd in the indictment.

Q. Was your husband living at the time you charge the prisoner with taking these goods?

C. Blacquire. My husband died about eight days after I went from London; I believe he was dead then.

Q. Did you administer ?

C. Blacquire. No, there was no administration.

Q. What day of the month did your husband die?

C. Blacquire. I believe he died on the 28th of April.

There being no evidence to prove the goods mention'd were the prosecutrix's property at the time mentioned in the indictment, the prisoner was acquitted .

232. (L.) George Wilson was indicted for stealing two china bowls, value 5 s. three linen napkins, and one pair of sheets , the goods of the right reverend Thomas lord bishop of London .

It was laid a second time for stealing the said goods, being the property of persons unknown.

It was laid over again for stealing the said goods, being the property of a person intitled to the administration of Ann Overy .

John Overy . I had a neice that died; there were some things taken out of the house, and I was advised to get a warrant and take the prisoner up; when I came to talk to counsellor Gascoyne about the affair, he told me I could not maintain the charge of a felony against him, so I agree that he should be acquitted.

Acquitted .

233. (L.) Hannah Ashbrook , spinster , was indicted for stealing one copper tea-kettle , value 10 s. and one brass candlestick, value 8 d. the property of Sarah Hays , May 14 .

Sarah Hays . On the 14th of this instant May my tea-kettle was on the fire, and somebody came and took it away. Some time after the prisoner came in, and we saw her apron wet, which we thought was with the water that was in the kettle, it being full when taken away; we taxed her with taking the kettle from off the fire, but she denied it; then a woman said, that is the woman which she saw offering a tea kettle to sale. Then the prisoner own'd it and knelt down, and said she would never do so again, and that necessity drove her to do it.

Q. Did you ever find your things again ?

S Hays . The tea kettle she said she had sold in Harp-Alley, to one Mr. Braid, and the candlestick she had pawned to Mr. Brown on Snow-Hill, where we went and found them. (Produced in court, and deposed to.)

Thomas Braid . The prisoner brought this tea kettle to me on the 14th day of this month, about nine in the morning; she brought it openly in her hand. I asked her how she came to sell it. She said her husband was pressed away from her when she lay in, and she was obliged to sell it.

The prisoner had nothing to say for herself.

Guilty , 10 d.

[Whipping. See summary.]

234. (M.) Ann, wife of John Brittain , was indicted for stealing three linen aprons, value 1 s. and 6 d. four linen shifts, one pair of stockings, one pair of leather shoes, two linen caps, and three handkerchiefs , the goods of Anthony Wilkins , April 4 .

Anthony Wilkins . I lost two cheque aprons, one white apron, four shi fts, one pair of stockings, one pair of shoes, two caps, and three handkerchiefs.

Q. Why do you charge the prisoner?

Wilkins. She is a washerwoman , and had wash'd for my wife a good while. The last time she wash'd my wife missed several things. I took the prisoner up, and before the justice I charged her with taking the things mentioned, and she own'd it.

Q. Did you ever get them again?

Wilkins. She brought some of them again.

Q. What did she bring again?

Wilkins. She brought two shifts, a colour'd apron, a white apron, a pair of stockings, three handkerchiefs, and two caps; there were other things which she stole out of the window in the fore kitchen.

Q. What justice did you take her before?

Wilkins. Before justice Carkess.

Q. Did she confess the taking them before you came to the justice?

Wilkins. Yes, and fetch'd these goods mentioned home again.

Q. What is your business?

Wilkins. We take in goods.

Court. You take in pawns you mean, do you not?

Wilkins. Yes; a few, my wife does.

Q. Were all these goods your property, or were they pawn'd to you?

Wilkins. Some of them were pawn'd, and some not.

Elizabeth Wilkins . I am wife to the prosecutor. I lost the goods mentioned in the indictment out of the wash, as the cloaths were hanging to dry. I at first accused the girl that lives with me, but she denied it. The next day I sent for the prisoner, and charg'd her with taking them; she own'd it, and said they were in pawn, and that she would get them and send them home again.

Q. Did she wash these things at your house or abroad ?

E. Wilkins. My servant deliver'd them to her to wash in my own house. I took her before the justice, where she own'd the same. She had before that fetch'd them out and brought them to me.

Q. Did you promise her you would not prosecute her, if she would confess, and bring them again?

E. Wilkins. No, I did not, I only put the things in the indictment which she brought home; I have lost more things than I have mentioned.

Prisoner's Defence.

When I delivered these things to my mistress, she said she never missed any thing after me before, and if I would deliver them to her again she would not hurt me, and I believe it was put up for a month or more.

Q. to prosecutor. How long after you knew she stole the goods mention'd, was it that you took her up?

Prosecutor. The goods were stole some time in December last.

Prosecutrix. The goods were stole on the 4th of April, and we took her up the 11th of May.

Guilty, 10 d.

[Whipping. See summary.]

235. (L.) Mary Mussen , spinster , was indicted for the murder of her female bastard child, by cutting its throat , April 29 . She stood likewise charg'd on the coroner's inquest for the said murder.

Mr. Phipps. Although I am prosecutor in this trial, I can give but little light into it. I can only inform the court I did suspect the prisoner to be with child, and very strictly charged her with it.

Q. What was she?

Phipps. She was my servant .

Q. Can you tell the time you charged her with being with child?

Phipps. I can't exactly tell the time. I believe it might be about two months before she was brought to bed.

Q. What was her answer?

Phipps. She very boldly denied it, and assur'd me with great truth and veracity it was a very unjust censure; she shew'd no signs of guilt at all. She answer'd in such a manner that I was really a good deal inclined to think she was innocent.

Q. Did she appear big?

Phipps. She did, which was the cause of suspicion. She told me it was a distemper, and was inclinable to think it was the dropsy.

Q. Was it very visible?

Phipps. It was. She never in the least strove to conceal that, which rather confirm'd me in the belief of her innocence. I told her if that was the case, she was an object of pity and compassion, and I would get her to be an out patient in the hospital. I thought that to discharge her my service would be of hurt to her, rather than alleviate her case (as there are undeniable cases where women may have the appearance of being with child, when really they are not so) so I continued her in my service till it came to this unhappy issue. I did not see the child nor her after she was delivered. Here are witnesses that can inform the court as to the particulars of it. So I shall beg leave to refer your lordship to their examination.

Q. Do you know that she had taken any thing by way of medicine?

Phipps. She told me she was under the care of some person (whom I forget) and had taken a very strong dose of medicine.

Q. When did she tell you this?

Phipps. The preceding night of her being brought to bed.

Cross Examination.

Q. How long had she liv'd with you?

Phipps. I believe she liv'd with me about eight months.

Q. How was her behaviour that time?

Phipps. Her behaviour was nothing amiss, and to the last went about the house very chearful and merry, and I really thought it had been a distemper.

Mary Short . I am servant to Mr. Phipps. On the over night that the prisoner was brought to bed, she told me she had taken physic.

Q. Did you see her take it?

A. No, I did not; when I went to see her in the morning she told me she had been very ill of the cholic.

Q. How long had she been in the house?

A. About eight months.

Q. How long have you been there?

A. I have been there longer.

Q. What morning was this you speak of?

A. This was on the 29th of April. I ask'd her how she was then, she said she was very ill, but said she was a great deal easier than she had been.

Q. What time of the day was this?

A. This was about ten o'clock. I ask'd her if she would please to have any thing, she said no. I went down and brought her up some broth; she eat them, and said she was a good deal easier and better, and beg'd she might lie down and go to sleep.

Q. Was she up at that time?

A. No, she was in bed then. I went down, and after that went to her again, and said I thought she seemed very ill, and if she would have body of her acquaintance to come I would send for them.

Q. What time was this?

A. This was about half an hour after ten o'clock; her answer was she was better, and she chose to lie still, and did not want any body. I went away from her, and went again in less than half an hour.

Q. Did she and you lie together?

A. No, we did not.

Q. What did she say then ?

A. She said she was a great deal better, and desir'd she might not be disturb'd, for she was going to sleep. I left her, and after that she had some water gruel, and still desir'd to be alone by herself, and said she thought she should go to sleep.

Q. Did you ever suspect she was with child ?

A. I did, and have often charged her with being with child, but she never would own it.

Q. How often have you charged her?

A. A great many times. She said she was no more with child than I was, and if she was, the D - l got it, for she never knew a man. From her answers she made me, I did believe it was a distemper, as she so stedsastly denied it; that afternoon she had some wine.

Q. What time was that?

A. It was between three and four o'clock. I never left her alone all day long, but was backwards and forwards; when I gave her the wine I perceived she was in a great deal of pain, I ask'd her if she would have any more, she said no, she had rather be left alone than to be troubled so. I was with her till the midwife came.

Q. Did you know she was sent for?

A. No, I did not.

Q. What time was it when she came?

A. I believe it was between 7 and 8 in the evening.

Q. After she came what did you observe?

A. I was sent for something that was wanting, and was not in the room when the midwife found the child.

Q. What did you see when you return'd ?

A. When I came again I saw a child lying on the table with its throat cut.

Q. Describe the cut.

A. It seem'd to be two inches long, crossway, directly in the middle of the throat.

Q. How deep did it seem to be?

A. I can't particularly tell that.

Q. Did you hear the prisoner say any thing?

A. I heard her say she did not know how that happen'd, for she did not go to do it.

Q. Did you observe any thing else?

A. I observed a great quantity of blood wrap'd up in a colour'd apron.

Q. Was the body warm or cold?

A. I was so frighted I could not observe any thing as to that.

Q. Did you observe any thing besides blood in the colour'd apron?

A. I observed the stool of a new-born infant there; it was wrap'd up with the child.

Q. Did you observe any more blood than what you speak of?

A. I observed blood in the bed, and I saw likewise more about the bed-side, on the bed, not on the floor.

Q. What quantity?

A. I really can't tell what quantity, there was a great deal.

Cross Examination.

Q. How did she behave during the time she lived fellow servant with you?

A. She always behaved well.

Q. Did you or did you not believe she was with child?

A. I did not believe she was.

Q. Did she appear like a person that had been in great torture ?

A. Not then; she told me she was much easier than she had been.

Q. How then did she appear?

A. Not as a person in great torture.

Q. When you carried her up some wine, and found her in pain, about three or four o'clock, how long did you stay with her?

A. I staid with her till the midwife came.

Q. Did you think her with child then?

A. No, I did not.

Q. Why so?

A. Because she had so stiffly denied it to me. I was backwards and forwards all day long.

Q. What were the times you were with her ?

A. I was with her at ten, at eleven, between twelve and one, and when I came from dinner, which was about half an hour after three; it was at that time I went up and gave her some wine and a bit of bread.

Q. How long was it at the most you was absent from her at any one time that day?

A. There was about half an hour's space between the times of my going to her.

Q. Was you commonly in the room with her, or what you call backwards and forwards?

A. I was backwards and forwards with her, she was not left alone any length of time.

Q. When was the child born?

A. I don't know that.

Mrs. Ann Farrer . I was sent for to Mr. Phipps's, and when I came there was told they had a suspicion that the prisoner was with child.

Q. What time of the day was it that you went?

A. I believe it was about eight at night; I was desired by Mrs. Phipps to go up-stairs, but not to let her know who I was, or what I came about. I went up and told her I came from her friends ow how she did; she told me she was be than what she had been, but she had had the cholick a great many hours, and on asking of her several questions I had reason to believe that a child was born, upon which I acquainted Mrs. Phipps with my suspicion who desired I would insist upon knowing where the child was laid.

Q. What did you upon that ?

A. I told her I found she was suspected in the house for being with child, and I apprehended she would make no scruple in letting the family know whether she was or not; she said she was not. I told her she had been delivered of a child.

Q. What answer did she make to that?

A. I told her I was very well assured there had been a child born. She said, how could I prove that? I said from many circumstances, and your master and his lady are in the other room with an officer, who will come in and take you into custody if you will not confess it, and where it is laid; then, after a great many hesitations; she told me it was under the bolster, where I look'd and found it.

Q. In what condition did you find it?

A. The throat was cut, and it was wrap'd up in a colour'd apron.

Q. Was it a large or small wound?

A. There was a large wound cross the throat, as to the length I can't be particular.

Q. Did you observe, according to your judgment, whether the child had been dead long or not?

A. I believe not.

Q. Why do you believe not?

A. The stomach was warm, and I observ'd two or three drops of blood issue from the throat, after it was laid upon the table.

Q. How were the limbs, was there any warmth there?

A. I believe not.

Q. Did you observe any quantity of blood?

A. I can't be a judge as to the quantity, the apron was full; there was a great deal.

Q. Did you observe any thing else upon the apron?

A. I observed a stool there.

Q. From what you observ'd, can you form any judgment whether the child was born alive or not.

A. I rather think it was than it was not.

Q. Don't you recollect something from that stool being upon the apron?

A. Yes.

Q. Did ever a child that was born dead make a stool to your knowledge?

A. I think not.

Q. Did you observe whether it was a perfect child?

A. It was at its full time.

Q. Did you observe any blood upon the bed?

A. Yes; there was a large quantity.

Q. Could you form any judgment how long the child had been dead?

A. The limbs seem'd as if they had been cram'd together.

Q. How, and in what manner?

A. One leg seem'd to be drawn up backwards.

Q. Can you form any judgment with what instrument this incision was made?

A. I asked her where the knife was. She said it was in the chair by her.

Q. Did you find it there?

A. Yes, I did, as she directed. (Produced in court; the court and jury look at it, and find blood dried on it.)

Cross Examination.

Q. Have you been a midwife a great while?

A. I have.

Q. Have you sufficient knowledge to know this; supposing a child is strangled, or otherwise killed just at the time it is born, so that it does not come alive from the woman, can you distinguish whether it can have a stool, supposing life just departed from it?

A. I think it impossible.

Q. When life is going by violence from any person, do you know or not, whether those persons have evacuations at the mouth, or otherwise?

A. We have often instances in that at the mouth, but I can't say I ever met with it in this kind.

Q. Whether that blood that was in the bed was in that part of the bed where the prisoner lay?

A. It was.

Q. Do you apprehend that issued from the child?

A. No, I do not; but it was the consequence of another cause.

Council. You say one of the child's legs was a little drawn up.

A. Yes, it was.

Q. Is it customary of a child, if there should be a hard birth, to be distorted in its birth?

A. They are generally contracted, but where there is life we put them strait; a child is generally drawn a little.

Q. Have you seen women in great torture of a hard birth; is it not such as would make her glad of every opportunity to relieve herself from that torture?

A. To be sure it would.

Council. You say you ask'd her where the knife was, with which she made the wound, and she said it lay in the chair by the bedside; what was her answer to the next question ?

A. I asked her how she could be so cruel. She said, she did not intend to murder it.

Q. Supposing you had had no directions at all of the prisoner, might not you have found the knife by the bedside?

A. I imagine I should.

Q. Was there any thing upon the chair besides the knife?

A. I can't take upon me to say there was, but I was very much surprised.

Q. In the delivery of this child, might it not be necessary to make use of some sort of an instrument?

A. Yes.

Q. In what manner?

A. To part the child.

Q. Must that instrument be applied to the child's throat?

A. No.

Q. There is something to be cut, is there not?

A. There is.

Q. Supposing the child in the delivery was to be very difficult in coming from the mother, and the mother should attempt to cut the navel-string, might not she cut the throat through mistake?

A. I can't say any thing to that; I never met with any instance of that sort.

Q. Have not children sometimes their navel-strings wrap'd round their necks in their birth?

A. Very often; the umbilical vein was cut within an inch and a half, or two inches of the body.

John James . I was desired to examine the child, to determine whether it was born alive or dead if I could; I found it lying at it's full length upon a table.

Q. Did it appear to you to have been born perfect?

A. It did, in all its parts, and at it's full time. I f ound a large wound extended cross the neck.

Q. How long might that wound be?

A. From skin to skin it might be about three inches in length; it had divided the wind-pipe entirely, and all the blood vessels on each side the wind-pipe, both veins and arteries. I thought I observed that blood had been forced from the wound backwards, there was the trace of fresh blood in the nose, and the child had been washed very clean.

Q. What did you collect from seeing fresh blood there?

A. From that I collected that the child was born alive, for I imagine the blood by the breath had been forced up into the nose thro' the wind-pipe; this was an argument with me to induce me to believe it, for no dead body breathes. I then open'd the body, and examin'd the state of the lungs, and found they had been inflated, there had wind passed into the lungs; the nature of the lungs is, when the animal has been alive and air has passed into them, that they will float in water; any animal that has never been alive, and breath has never passed into the lungs, they will sink in water. This is a positive proof to know that the child had been alive. From this circumstance I did conclude that the child had been alive, and gave it in as my judgment.

Q. Could you form any judgment how long the child had been alive?

A. No, I could not.

Q. Do you take it that the lungs were as much inflated as if the child had breathed for for a considerable time?

A. I don't determine that, the lungs may inlarge by the continual admission of air; they may extend themselves.

Q. Supposing the child strangled in its birth, with its head foremost, as soon as the mouth is exposed to the air, might it not be said the lungs are in some degree inflated?

A. I can't take upon me to determine that. In such cases it is the strongest proof we can arrive at, by trying the lungs in water, to know whether the child has or has not breathed.

Q. Did you see the apron afterwards?

A. I did.

Q. Did you see the stool?

A. I did, but can't pretend to say any thing in relation to that; that is not what I was call'd to determine.

Cross Examination.

Council. Then the moment the air gets into the lungs they become inflated; can you see any reason why a child that has got it's head in the air, and afterwards dies in the birth, why that child's lungs should not be inflated, because inflation must go in at the mouth?

A. I can't determine how far that may or may not be the case, because I have not examin'd it so critically.

Prisoner's Defence.

I am innocent of what is laid to my charge. I did not know what I did at that time.

For the Prisoner.

Mr. Shaw. I have been in the midwisry and surgery way many years. I have known more instances than one, that children have had stools and urine where they have died in the birth.

Q. Supposing a woman in great agony in labour should attempt to cut the navel string, might not she cut the child's throat?

A. I can't say as to that.

Q. Have you known navel strings wrap'd round the child's neck?

A. I have known that very often. I was once call'd upon such an occasion, and I found a piece of the navel string left in the kitchen, cut in two different places.

John Mussen . The prisoner is my daughter. I carry'd her a bottle of hiera picra, on the Wednesday before this accident happen'd.

Q. How came you to carry that?

A. She had complain'd to her mother that she had got the dropsy, so my wife desired me to carry it to her.

Margaret Cook . I have known the prisoner very well these eighteen or nineteen years.

Q. What has her behaviour been?

A. She was always a very civil quiet girl, extremely sober and honest.

Q. Was she of a tender or a cruel disposition towards children?

A. Nobody was more tender of children, she has been so to mine?

Q. What is her general character?

A. She had always a good character till this time.

Elizabeth Cofield . I have known the prisoner nineteen years, or almost from her birth; when she was a child, she was under my care.

Q. What is her general character?

A. She always was a very sober and modest girl.

Q. How was her disposition towards children, tender or cruel?

A. I never perceived but that she was a tender mild girl, and never heard of any blemish in her character till this time.

Sarah Spradbrough . I have known the prisoner ten or twelve years.

Q. What is her general character?

A. She was a very sober modest girl, as far as ever I heard.

Q. What was her disposition towards children?

A. She was a very meek girl, universally good till this accident happen'd.

Mrs. Hines. I have known her ever since she was fourteen years of age.

Q. How long is it ago since you first knew her?

A. That is about thirteen years ago.

Q. What is her general character?

A. I never heard any thing amiss of her till this time.

Q. Was she tender or cruel towards children?

A. She was remarkable for tenderness to children; she used to dress out all the children in the town where she was born, and would give them any thing.

Mrs. York. I have known her eighteen years.

Q. What has been her behaviour and character?

A. She was always reckon'd a very sober virtuous young woman.

Q. Was she tender of children?

A. She was extremely tender of children. I lived in the house with her mother, and could not have believed any such thing of her, or that she could be capable of doing what is laid to her charge.

Mary Edwards . I have known her about twelve years.

Q. What is her general character?

A. A very sober honest girl as any I know. Her character was generally good.

Q. Was she humane or tender, or what?

A. She was a very tender girl, and fond of children; she used to take the neighbours children about with her as if they were her own.

Mr. Wells. I have known her ever since she was born. I served my time next door to her father's house.

Q. What was her general character ?

A. She was always a very modest girl, I never heard the least word amiss of her till now.

Q. Was she humane or cruel to children?

A. She was always good-natur'd and always counted so.

Charles Harding . I have known her twenty four years.

Q. What is her general character?

A. She always had an extream good character; a tender, sober, honest girl.

Q. With regard to her tenderness to children, how was she?

A. She always seemed very tender to children, she loved to play in the street with them.

William Rogers . I have known her ever since her birth almost; her father and I were fellow apprentices together.

Q. What is her general character?

A. A modest sober well behaved girl; I never heard any thing to the contrary in my life time.

Q. How did she behave towards children?

A. As to children I cannot give any account, because I was very seldom at Highgate, where she lived.

Guilty , Death .

This being Friday, she received sentence immediately after the verdict given to be executed the Monday following, and to be dissected and anatomiz'd, and was executed accordingly .

236. (M.) John Furgerson was indicted for that he was indicted and tried on Thursday the fourth of December, in the 29th year of his present majesty, for that he on the sixth of November, 1755, 11 pair of worsted stockings, value 15 s. the goods of John Hayman , privately in the shop of the said John, did steal, take and carry away, and that he was found guilty of stealing to the value of 4 s. 10 d. and ordered to be transported; and after that, to wit, on the 19th of April, 1757 , he was feloniously without any lawful cause at large in St. Margaret's, Westminster .

The record of his conviction was produced and read, the purport of which was, '' That on Thursday the 4th of December, in the 29th year of his present majesty, at the delivery of his majesty's gaol of Newgate, holden for the county of Middlesex, at Justice-Hall in the Old-Bailey, the jurors for our lord the king upon their oaths present, that John Furgerson , late of the parish of St. Margaret's, Westminster, on the 6th of November, with force and arms, 11 pair of worsted stockings, value 15 s. the goods and chattels of John Hayman , in the shop of the said John, privately did steal, take and carry away.

He puts himself upon his country, the jurors say guilty, 4 s. 10 d. To be transported for the term of seven years, according to the statute, &c.''

Thomas Huntley . I happened to be on the jury when the prisoner was tried, and I know him to be the very same man.

Q. When was he tried ?

Huntley. It is about a year and half ago. He delivered a petition to me, and desired me to speak favourably to my brother jurymen for him.

Q. What sessions was it?

Huntley. It was the very same sessions that the minister at the Savoy chapel was tried and cast for clandestine marriages.

Q. Don't you know what month it was?

Huntley. I can't say what month.

Q. Was the prisoner found guilty ?

Huntley. He was cast for transportation. He is much alter'd, but it is the same person.

Bright Wilmot. I am a constable, I was sent for by one of his majesty's chairmen, named Dean, to a house; when I came there I was told there was a person there that had been transported, and was return'd; he desired I would go and get some of the guards, and go and take him.

Q. When was this?

Wilmot. On the eighth of April last. I went and found the prisoner at the sign of the Cock in Duke-street, the house of one Macurr; there were two other men along with the prisoner, one is here, the other look'd to be a sailor. We took them before justice Wright, when the other sailor was discharg'd, and this was committed to the Gatehouse.

Prisoner. The other man was a ship-mate of mine, and he shew'd his ticket to the justice.

Q. Was the prisoner in custody when you found him?

Wilmot. No, he was not.

Q. What is the name of the other person that was with the prisoner when you took him?

Wilmot. His name is Thomas Lane.

Thomas Lane. I was with the prisoner when the constable and others came in and took him. I was writing a petition by his direction for him to his majesty.

William Lemberick . I am the lad that picked up the stockings that the prisoner stole, for which he was transported.

Q. Was you an evidence against him on that trial?

Lemberick. I was.

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

Lemberick. I am.

Q. Have you seen him since that trial?

Lemberick. I have.

Q. Where?

Lemberick. It was by New Palace Yard, about three or four days before he was taken.

Henry Jackson . I saw the prisoner tried in December sessions, 1755.

Q. Was you an evidence on that trial against him?

Jackson. I was, but he is alter'd a good deal.

Prisoner's Defence.

Here is my ticket (producing one) I am in his majesty's service now, and belong to one of his ships. I am not the man that was cast, there are many men deceiv'd, there are many men like one another. I have not a friend within many leagues of this place, I was born leagues off. I have been in his majesty's service ever since I have been able to serve him, and now for want of friends I am cast away. There are people in Newgate that say they knew the other man that was tried for stealing the stockings.

Court. Then you have a right to call them.

For the Prisoner.

Edward Hudson . I am a prisoner in Newgate.

Q. For what are you a prisoner?

Hudson. For a quarrel.

Q. How long have you been there?

Hudson. Almost three years. My case was tried at Hick's-Hall.

Q. Do you know the prisoner at the bar?

Hudson. I only know him from about six weeks ago.

Q. Was you in this court last December was twelve-month.

Hudson. No, I was not. I don't know every person that comes into Newgate and goes out again.

Q. Did you know one named Furgerson that was tried in this court?

Hudson. There was a Furgerson that came into Newgate about 13 or 14 months ago, I am not sure to the time. He was a great deal lesser than the prisoner.

Q. Do you remember what he came in for?

Hudson. I think it was about some stockings.

George Martin . I can't say this is the same Furgerson that came in here about stockings, that man was in a carman's dress.

Q. Was you in court when he was tried?

Martin. No, I was not.

Guilty , Death .

[See No. 56. in Mr. Alderman Bethell's Mayoralty.]

Note, The aforesaid prisoner was taken while a mess-mate of his was writing the following Petition, to be presented to his Majesty in his behalf; whether it was finish'd or not we can't say, but on account of its singularity, and as it is refer'd to in the above trial, we thought it would not be improper to offer it to the perusal of the publick, which we here do in its native dress, the spelling only excepted.

The humble Petition of John Furgerson to his Majesty.

To His Most Gracious Majesty.

London, April 18, 1757.

I Your poor petitioner, a poor jack tar, undone for the sake of a brother tar, who has been in a great deal of trouble, and is a well wisher to his king and country, and is willing to fight for his king and country, but has been forc'd to fly from his country, for he had a misfortune, and was transported, and he went no farther than Gravesend, and left the ship and swam on shore, with the great hazard of losing his life, in the month of January, 1756; and had not been but a few days on shore before he was stop'd and inlisted for a soldier in Lord Sandwich's regiment of guards, and was forced to fly from them on account of some thieftakers that had got intelligence of him, and was but a few days before he enter'd on board your majesty's ship the Nassau, but did not take your majesty's bounty; and after coming home from the Streights to Plymouth was (belonging to the captain's barge) come on shore, and was taken up there as a deserter, and is willing to serve your majesty by sea or land, and knows his duty on both; but he is to fly from both for want of your majesty's free pardon, and poor Jack begs that your majesty will take compassion on this petitioner and grant him his pardon, for poor Jack will dance for joy to go on board again.

And I poor Jack's mess-mate will wait for your majesty's most gracious answer.

John Furgerson your poor petitioner, and his mess-mate, will fight for our king and country for ever, and he was not willing to enter on board of ship, for fear they should make him take your majesty's bounty; and if your most gracious majesty will grant poor Jack this, he will dance in his old cloaths till pay-day, so Christ preserve your most gracious majesty's life, and all the royal family's, for I your poor petitioner Jack will stand staunch for life.

237, 238, 239. (M.) Ann Hambleton , Jane Connolly and Jane Harding , spinsters , were indicted for stealing one silver watch, value 3 l. the property of Godfrey Bristerfield , privately and secretly from his person , May 15 .

Godfrey Bristerfield . I was going to the Danish church in Well-close-square, on the 15th of May, about three o'clock.

Q. What countryman are you?

Bristerfield. I am a German. I have learn'd a little Danish language by being in that country. I was in St. Catherine's-lane ; there came these three women that are at the bar, they took hold of each others arms and ran; when they came up to me, Jane Harding gave me a push, which made me almost fall down, upon which Ann Hambleton took me by the arm; then they went about twenty yards and began to run.

Q. Did you say any thing to them?

Bristerfield. No, I did not.

Q. Was you alone?

Bristerfield. There was a man with me, named John Ainsow.

Q. Did you do any thing to them before Harding pushed you?

Bristerfield. No, I never touch'd them; I missed my watch about five minutes after this.

Q. When had you seen the watch last?

Bristerfield. I went from Mr. Woolf's house about three o'clock, and look'd at my watch at my going out.

Q. How far is Mr. Woolf's house from the place where they met you?

Bristerfield. It is in the same street, but a little way off.

Q. What are you?

Bristerfield. I am a sugar baker, Mr. Woolf is my master.

Q. How long had you been from your master's house?

Bristerfield. From the time that I looked at my watch to the time that I missed it, was not much above five minutes.

Q. Have you seen it since?

Bristerfield. I have.

Q. Where ?

Bristerfield. A man at the Thirteen Cantons sent to my master's house, to let me know my watch was at his house.

Q. What is his name?

Bristerfield. His name is Charles Friday ; I and another man went there and saw it, it is the same watch that I lost.

Q. Where is it now?

Bristerfield. It is there now.

Q. Why do you charge the prisoners with taking it?

Bristerfield. Because I missed it so soon after that push which Harding gave me.

John Ainsow . Last Sunday was se'nnight, about three o'clock in the afternoon, I went with Mr. Bristerfield from Mr. Woolf's house, he look'd at his watch to see what o'clock it was at going out, we went a little way, and one of these three women that are at the bar gave him a push; presently after that he went to look at his watch, and it was gone.

Q. Was you with him all the time?

Ainsow. I was.

Q. to prosecutor. Where is Friday ?

Bristerfield. He is not here.

Q. Why did you not subpaena him to come here?

Bristerfield. I am a stranger, and did not know what I should do.

Hambleton's Defence.

I never saw that man in my life before now, he lost his watch about a week before he took us up, and took up three other women before he did us.

Connolly's Defence.

I never saw that man in my life.

All three Acquitted .

240. (M.) Richard Broad was indicted for stealing three dozen of black lead pencils, value 4 s. the property of Israel Hart .

Israel Hart. I am a pencil-maker , and go about to sell them to shops and carpenters; I went to Bell-Yard, Westminster , where there was a carpenter's building, and five men at work; I asked them if they would buy any pencils, they said let us look at them. A man, named Henry Hill, bought a dozen, and paid me a shilling for them; while I was going to receive the money there were three dozen stole out of my parcel.

Q. How many dozen had you?

Hart. I can't tell. I had about twelve or fourteen dozen.

Q. When was this?

Hart. It is about two months ago. Last Wednesday was se'n-night I came through that place again and met one of the carpenters, and ask'd him if he knew the person. that took my pencils; he shew'd me a man, and said that was he. I took a warrant out against him. Since that I have two evidences to swear this Richard Broad took them, and not the other man.

Q. Who did you take the warrant against ?

Hart. Philip Markham told me that Benjamin Hill took the pencils, so I took a warrant against him. When Richard Broad was taken up he own'd before the justice that he took the pencils.

Q. How came you to take Broad up?

Hart. Because Henry Hill and Robert Bigby told me he took them. The prisoner said it was a common thing with them when Jews came to offer pencils to sell, to take them away and throw them out at the window.

Henry Hill. I saw Richard Broad take some pencils out of the Jew's handkerchief, as it lay on the work-bench.

Q. What quantity did you see him take?

Hill. I believe there might be two or three dozen. He took two or three bundles. I can swear to two.

Q. How came they on the bench?

Hill. The Jew laid them there. He brought them there to sell.

Q. What did the prisoner do with them?

Hill. He took them out of the handkerchief and put them underneath the bench, and after that he carried them into the next room.

Q. How came he to carry them there?

Hill. Because he was at work there.

Q. What is his business?

Hill. He is a joiner .

Q. What was Hart doing at the same time?

Hill. He was selling pencils to me.

Q. How many other men were there by at the time?

Hill. There were three more besides him; I, Bigby, and Philip Markham .

Q. Did he give any reason for his taking them away ?

Hill. No, he did not.

Q. Did he seem to take them privately away?

Hill. He did.

Q. Did it appear he took them away, as if he stole them ?

Hill. He took them away with a design to steal them.

Q. Was the Jew in the room, at the time he took them from under the bench?

A. No, he was not; he went up-stairs, thinking it was another man that took them, at which time the prisoner removed them into the other room.

Q. Did you see him take them from under the bench?

A. I did, so did Bigby and Markham.

Q. Have you ever had any dispute or quarrel with the prisoner?

A. I have had no dispute with him.

Q. What, none of no sort?

A. There has been a dispute, no quarrel.

Q. What was that dispute about?

A. It was about his taking away my character; he work'd for me.

Q. When did this dispute happen?

A. It happen'd some time in March last.

Q. When did you make the first information against him about these pencils?

A. Last week.

Q. Has there been no dispute between you since March?

A. There has been a little dispute since.

Q. Upon your oath, whether you should ever have given this evidence against the prisoner, if this little dispute as you call it had not happen'd?

A. I should not, but the Jew obliged me to do it.

Q. Did you give information to the Jew?

A. No; Philip Markham did about a fortnight ago.

Q. Did not Benjamin Hill desire you to give evidence?

A. He did not speak to me about it.

Q. Tell the truth, what was your inducement to appear against the prisoner?

A. This Philip Markham took Benjamin Hill up, and I knowing he was innocent went and gave bail; then the Jew said he insisted upon finding the other man out, and I told him it was proper the guilty should be found out.

Q. Did Markham swear against Benjamin Hill?

Hill. He did.

Q. What did he swear ?

A. He swore he saw Benjamin Hill come down one pair of stairs into the room, and take a bundle of pencils; and I knowing he was innocent stood by him.

Q. How came Markham to swear that, if he was innocent?

A. It was done out of spite to me; Markham did work for me, and I discharged him.

Q. Is Benjamin Hill any relation of your's ?

A. He is my brother.

Robert Bigby . I was at work at lathing a place up.

Q. What is your business?

A. I am a plaisterer. I was with the other men in this building when the Jew came in with some pencils, and ask'd if we wanted to buy any, opening his handkerchief. There were four carpenters at work. Henry Hill bought a dozen pencils, and gave the Jew a shilling for them. After that the Jew miss'd three dozen, and made a sad racket about them. They advised him to go up stairs after Benjamin Hill. He went up, and then I saw Broad take some pencils from under the bench, and carry them into the next room on the same floor.

Q. Do you know who took them from out of the handkerchief?

A. No, I do not.

Q. When did you make this discovery first?

A. I was at work at one Mr. Green's by Shepherds-bush, and they came after me this da to come to this trial.

Q. When did the Jew lose these pencils?

A. I do not know what day that happen'd.

Q. How long is it ago?

A. To the best of my knowledge it was about three weeks ago. I never thought any more of it afterwards, till one day this week, as I was coming through Westminster, I met Benjamin Hill, who desired me to come to Hicks's-hall to find the bill, and said I was to speak what I knew in behalf of the Jew.

Q. What day was this?

Bigby. It was last Tuesday.

Q. Where is Benjamin Hill?

A. I don't know, he is not here.

Q. to Henry Hill. What is the reason Benjamin Hill is not here?

Hill. I don't know; he has no business here.

Q. to Hill. Who is to pay you for your time?

Hill. The Jew.

Q. to Bigby. Who is to pay you ?

Bigby. No body has paid me.

Q. Who has promised to pay you ?

Bigby. The Jew and this Henry Hill have.

The prisoner was acquitted without going into his defence, and a copy of his indictment was granted him.

241. (M.) Elizabeth Jones spinster , was indicted for stealing five lawn handkerchiefs, value 7 s. one yard and a half of lace, two lawn aprons, one linen gown, and two dimity waistcoats , the goods of Edward Marshall , May 15 .

Edward Marshall . On Sunday was se'nnight I had been out, and when I came home my wife was searching the drawers; what was missing she can give an account of.

Q. What time was this?

Marshall. It was in the evening, between nine and ten o'clock.

Q. What was the prisoner?

Marshall. She is a servant out of place ; we kept her till she got a place, but paid her no wages.

Q. What are you?

Marshall. I am a glazier .

Q. Was you before a magistrate with the prisoner?

Marshall. I was before justice Welch; he ask'd her if she was guilty of taking the things.

Q. Were there any things mention'd?

Marshall. They were particularly; my wife charged her. There the prisoner own'd she had taken and pawn'd them.

A. Marshall. I am wife to the prosecutor. I trusted the prisoner the same as if she had been my own sister. We let her be at our house till she got a place. I missed several things.

Q. Name them.

A. Marshall. There were five handkerchiefs, a piece of new lace, about a yard and a half of it, two lawn aprons, a linen gown, and two dimity waistcoats.

Q. Where were they taken from?

A. Marshall. From out of four separate drawers.

Q. How came you to suspect the prisoner ?

A. Marshall. I was going to church on the fifteenth of May, I said to her, go to such a drawer, and bring me an apron and handkerchief; she went and said here is no apron here. I said, then look in another drawer, she did, and said she could not find any, then I went and look'd in all the drawers; I missed the things mentioned, my husband came in at the time. Then I said I'd go to enquire at the pawnbrokers on the morrow, to see if I could find them. I went out to tell a neighbour my loss, and left her with my husband, and when I returned, my husband told me the prisoner had confessed to him that she had taken them; after that she own'd the same to me, and told me where she had paw'd them at different places.

Q. Did you tell her what you missed?

A. Marshall. I did, we took her before Mr. Welch, where she voluntarily own'd of herself the taking them all.

Henry Stockden . I am a pawnbroker; the prisoner pledged a gown, two white waistcoats, and an apron, with me (produced in court.)

Q. to prosecutrix. Are these your property?

Prosecutrix. They are, and I have the rest of the things, they are all delivered to me.

Q. Where are the other pawnbrokers?

Prosecutrix. They are not here.

Q. to Stockden. Did you know the prisoner before?

Stockden. No, I never saw her before.

Q. How came you to take them in of her, and never saw her before?

Stockden. Every body wears a gown.

Court. You ought to be more cautious, for you and such as you are the cause of abundance of robberies that are committed.

Stockden. If she had brought dishes, tea-kettles Fettles; or blankets, or such like things, I should have inquired of her about them.

Q. Where do you live?

Stockden. I live with Mr. Watson in Coventry-street, at the upper end of the Hay Market.

Prisoner's Defence.

I had been there some time, and was hired to several places, but Mrs. Marshall would not let me go, being very ill, and said she would make it up to me. I had no money, and she said she had none, so I pledg'd these things, thinking to get them again when I got a little money.

Prosecutrix. She lived over-against me some time, she has behav'd very well before this.

Guilty .

[Transportation. See summary.]

242. Samuel Garrett was indicted for that he, together with Benjamin Search , in a certain field, or open place near the king's highway, on William Aldridge did make an assault, putting him in corporal fear and danger of his life, and taking from him one silver watch, value 3 l. and five shillings in money numbered, his property , October 12 .

The prosecutor did not appear.

Acquitted .

243. James Christy was indicted for wilful and corrupt perjury .

The evidence did not appear.

Acquitted .

Richard Hughes , William Harris , and Thomas Marsh , capitally convicted in February sessions, Benjamin Search , John Edwards , William Adams , Michael Sullivan , and John Maclary , capitally convicted in April sessions, were all executed on Wednesday the 18th of May.

James Baythorn , capitally convicted in October last, received his majesty's pardon, on condition of being transported during the term of his natural life .

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

Received sentence of death 3.

Edward Stubberfield , John Furgerson , and Mary Mussen .

To be Transported for seven Years 11.

Catharine Griffice , Sarah Gascayne , Ann Woollen , Margaret Chalmers , John Brown, Richard Saunders , Ann Hutton , Ann Simonds , Jane Green, Mary Williams , and Elizabeth Jones .

To be Branded 2.

Mark Ward and Ann Tompson .

To be Whipped 3.

Hannah Ashbrook , Richard Booth , and Ann Brittan .

Richard Hughes , William Harris , and Thomas Marsh , capitally convicted in February sessions, Benjamin Search , John Edwards , William Adams , Michael Sullivan , and John Maclary , capitally convicted in April sessions, were all executed on Wednesday the 18th of May.

James Baythorn , capitally convicted in October last, received his majesty's pardon, on condition of being transported during the term of his natural life .

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